Howard Berman

Mr. BERMAN

Mr. BERMAN. Madam Speaker, I rise in opposition to H.R. 2359. I think it is important to point out a few facts. First of all, the people on this side of the aisle would be speaking in favor of this bill if it were simply to extend the sunset date on this pilot program to allow the pilot program to continue to work out the weaknesses and deficiencies that the INS study found in the program. But this program does far more than that. This program goes from a pilot program in 5 States to a nationwide program. While my friend from California, the sponsor of the bill, may be correct, although I am not quite sure how he knows where 80 percent of the illegal immigrants are located, but let us assume that for a second the fact is 80 percent of the employers are not located in those 5 States. This is a massive expansion of the pilot program. In 1996, we created the pilot program. In the law in 1996 we told the INS to get people to study how the program was working. The INS went and did that. They commissioned two different groups, organizations, to study the program and what was happening with those employers who were voluntarily participating. The study came back. What did the study say? The study said, based on the evaluation findings, the basic pilot program should not be expanded to a mandatory program, and this does not do that, or a large-scale program. I would suggest that opening it up to every employer in America on a voluntary basis constitutes that kind of large-scale expansion which the study commissioned by the INS and required by the Congress said we should not do. Why did they say that? They talked about the problems and the deficiencies in this program. It would have been nice if the Immigration Subcommittee of Judiciary had had a hearing on this bill where the authors of the study could have come forward and answered questions and developed it; but we had no hearing, we had no markup, the bill was taken directly to a markup in the full committee and put on the floor, not with a rule to allow amendments to address specific deficiencies in the operation of this pilot program, not with a rule that allowed any kind of amendments, but on suspension where no amendments can be made. What the study found about the program, I think, is very important. The program was hindered by inaccuracies, inaccuracies and outdated information in the INS databases. The program did not consistently provide timely immigration status data which delayed the confirmation of a worker's employment authorization in one-third of the cases. The employer has decided to hire somebody. He participates in this program. He asks Social Security and INS to verify that person. In one-third of the cases he does not get an answer and then does not hire that person but goes to another person. A person who was fully authorized to work, who was in this country legally, is denied a job because of inaccuracies and a slow-to-respond operation from the INS and the Social Security Administration. A sizable number of workers who were not confirmed, who were rejected, it turned out were work authorized, but there was something wrong in the processing of their papers. There was a mistake in the database. When they went out and checked who these people were, it turned out well over 42 percent of the sample that they used were work- authorized, but were told by the people operating the pilot program that they were not. Forty-two percent of that sample did not get a job. In some cases, the employer did not follow the rules and the guidelines of the pilot program. In other words, the program was riddled with deficiencies. Theoretically, I have to say, if we could get an accurate, quick employee identification system where employers could know they were getting accurate information and workers who were authorized to work in this country, who were here legally, who had a right to work could get the right answer, then I would say let us talk about expansion and let us pursue that by continuing this program. But I urge this body to reject an effort to expand this nationwide to add not simply employers but State, local and Federal Government agencies to the list of people who will be using a program when that program by the INS's own study was riddled with deficiencies and weaknesses which delayed responses, which kept people who are here legally from getting jobs or rights they would otherwise get, or be entitled to get simply because of inaccuracies in the database. This is not the kind of a program to expand at this time. I urge a ``no'' vote.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise in strong support of H.R. 3077, the International Studies in Higher Education Act. I want to particularly commend the gentleman from Michigan, the chairman of the Subcommittee on Select Education, for including in the bill section 6, providing for the establishment of the International Higher Education Advisory Board. This seven-member independent board will be empowered to review and comment upon the selection criteria for title VI grants, monitor and evaluate the activities of grantees based upon the purposes of title VI, and make recommendations regarding how to improve the programs to better reflect national needs, among other functions. Section 6 makes clear that the purpose of the Board's recommendations is to foster the ``growth and development of international education programs at the postsecondary level that encourage diverse perspectives . . .'' I am encouraged that the creation of this Advisory Board will help redress a problem which is a great concern of mine, namely, the lack of balance, and indeed the anti-American bias that pervades title VI- funded Middle East studies programs in particular. To the extent that it advances the national interest to commit taxpayer funds to institutions of higher education for the purpose of fostering expertise with regard to key regions of the world--and I would emphatically affirm that it does--then surely it is troubling when evidence suggests that many of the Middle East regional studies grantees are committed to a narrow point of view at odds with our national interest, a point of view that questions the validity of advancing American ideals of democracy and the rule of law around the world, and in the Middle East in particular. The Advisory Board's oversight function does not impinge on the academic freedom that is and must be enjoyed by our institutions of higher education. In establishing the board, we are doing no more than exercising our responsibility to ensure that the Federal funds we authorize and appropriate are expended properly. I commend the Committee on Education and the Workforce for addressing this issue, and urge my colleagues to support this important legislation.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise to extend my warmest wishes to the Taiwanese people as they celebrate their National Day on October 10. This special day gives us the opportunity to reflect on Taiwan's numerous achievements. Taiwan is one of the most amazing success stories in Asia, if not the entire world. Less than 20 years ago, Taiwan was ruled by an authoritarian dictatorship under martial law. Today, it is a flourishing, multiparty democracy that holds competitive elections, respects human rights and upholds the rule of law. This remarkable political evolution proves beyond any doubt that the notion of ``Asian values''--often used to justify one man rule--is a fallacy. While Taiwan has established a robust democracy, a number of political challenges still remain. We must work to ensure that Taiwan's status and global contributions are properly respected and appreciated by the international community. This can be accomplished, in part, through Taiwanese participation in the World Health Organization and other appropriate international organizations. Taiwan's security is also a high priority. I have no doubt that Taiwan will meet these challenges and play an increasingly important role in world affairs. Taiwan and the United States share a common commitment to the ideals of democracy, freedom and human rights. The 1979 Taiwan Relations Act, which forms the official basis for friendship and cooperation between the United States and Taiwan, continues to provide a strong foundation for the bond between the people of both countries. That bond is made stronger each day by the Taiwanese-American community, which has made important contributions to American social, economic and political life. Best wishes and congratulations to President Chen Shui-bien, Tecro Representative C.J. Chen and all of the citizens of Taiwan on the occasion of its National Day.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise to pay tribute to my good friends, Ira and Kathy Gribin, who are being honored by the Hope Through Housing Foundation with the prestigious Founder's Award. Their commitment to providing affordable housing for low-income families in Southern California has earned them this recognition. I have had the privilege of working with Ira for many years and know first-hand of his strong work ethic and legendary accomplishments. Ira has been a leader in the real estate business since 1946 and has been an active member of numerous national and local realtor associations for many years. He served as President of the National Association of Realtors, the Realtors National Marketing Institute, the California Association of Realtors and the San Fernando Valley Board of Realtors. Additionally, he has served as a board member of many real estate and non-profit organizations and is co-founder of Gribin von Dyl, Realtors. Ira's vast knowledge on issues related to real estate, financing and management has helped him become a renowned and sought after authority in these fields. He has taught at the University of Southern California and California State University Northridge, and has also served on the University of California President's Advisory Committee. The demand for Ira's talents has transcended the private sector into the public service arena as well. He served as Commissioner of Transportation and Commissioner of the Housing Authority for the City of Los Angeles. I have known Kathy for many years, and can attest to her invaluable service and outstanding contributions to the Hope Through Housing Foundation. Prior to her arrival in California, she enjoyed a fruitful career as a school teacher. Once in California, she became a successful real estate broker. In 1992, she expanded her career, earning an M.A. in Marriage, Family and Child Counseling. Her education and experience made her keenly aware of the acute need for affordable housing in Southern California and prompted her to dedicate time, energy and resources to creating affordable housing for low-income children, seniors and families. She used her business acumen and extensive knowledge of the industry to positively impact numerous low-income families. Kathy is currently President of Desert Horizons Women's Club, a member of the Board of Directors of Desert Horizons Owners Association and an avid golfer. On a personal note, both Ira and Kathy are wonderful human beings, delightful to be with and deeply committed to humanitarian ideals. I think it's particularly noteworthy that Ira--as a leader in the California Association of Realtors 39 years ago--played a decisive and public role in fighting an initiative designed to repeal California's Fair Housing law. It took great courage to take a view not widely held by his professional colleagues at that time, and he put himself into considerable potential risk to his business endeavors, but Ira nonetheless steadfastly affirmed his opposition to racism and his commitment to the American dream of affordable housing for all people. Mr. Speaker, I invite my colleagues to join me in congratulating and thanking Ira and Kathy Gribin for their many outstanding contributions and to wish them continued success.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today in support of naming a post office for Bob Hope near his hometown of Toluca Lake. This is a small tribute for a man who has given so much to our country. Bob Hope was a man who knew no boundaries. He certainly did not heed geographic borders, performing for soldiers in all corners of the world. Starting in 1941, he headlined USO shows in the South Pacific, Africa, Europe and the Middle East, entertaining millions of soldiers and bringing laughter to the most desolate places on Earth. Bob Hope did not recognize boundaries of time, charming audiences of civilians and soldiers for over sixty years. His first ``last Christmas tour'' was in 1972, yet into the 1990's he could be found performing for troops in Saudi Arabia during ``Operation Desert Storm.'' No other entertainer has given so much for so long. Bob Hope's life also eclipsed the boundaries of entertainment. His career covered every field of entertainment, from vaudeville to Broadway, radio to television and film to stand-up. His signature song ``Thanks for the Memories'' won an Academy Award. Although he never won an Oscar himself, Bob Hope hosted the Oscars a record 18 times and was awarded two honorary Oscars. On May 29, 2003, America mourned Bob Hope's death at the age of 100. Although he starred in more than fifty films, he may be most remembered for his role as an honorary veteran. This honor, the only one ever awarded, was bestowed on him for his commitment to our armed services. While America could never repay Bob Hope for his service to our country, H.R. 3011 will continue a fine tradition of honoring an exemplary citizen. I strongly encourage my colleagues to support this bill. Mr. Speaker, I yield back the balance of my time.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to pay tribute to a good friend and an outstanding humanitarian, Harry Coleman. After ten years of service, Harry will be stepping down as President of the North Hills Community Coordinating Council (CCC). Harry's leadership has been crucial to the success of the North Hills Community Coordinating Council. Under his guidance, the North Hills CCC successfully fought for the removal of barricades around the Columbus Street area that protected drug trafficking. Following the 1994 Northridge earthquake, Harry led the CCC in working with elected officials and government officials to expedite the repair of dilapidated and high crime areas; his diligence and steadfast determination helped turn post-earthquake ghost towns into thriving, safe communities. After considerable effort, Harry and the North Hills CCC persuaded the city of Los Angeles to purchase land that ultimately became North Hills Community Park. Although Harry was born in Rochester, New York, he made Southern California his home early in life and has done much for our community ever since. For example, he has served on the Committee for Patient Education at Sepulveda's Veterans' hospital, applying his unique knowledge of hospital bureaucracy from his days as Vice President of Sales at General Hospital and his personal experience as a veteran. Harry's hard work was instrumental in the ultimate construction of the Therapeutic Fitness Center, a veteran's gym. Harry monitored every detail of the project with tenacious vigilance, inspired other veterans to stand up for themselves, and was the leading voice in the struggle for its rehabilitation. This gym is an important place where camaraderie, friendship, and healing thrive for those who have given so much for our country. He and I worked very closely together to make this happen, and it is clear that without Harry the gym might never have been reconstructed. Harry was the Chairman for Lowman-Miller Schools Fund Raising Committee for Handicapped Children, a member of the Community Policy Advisory Committee, and he served in leadership positions in countless other organizations. He genuinely cares about people and has dedicated himself to public service ever since he ``retired'' at the early age of 34. Even during his leisure hours, Harry has shared his knowledge and talents with the rest of the world. Harry is listed in the Guinness Book of Worlds Records for taking the longest trip in history, traveling around the world in a VW camper for a total of 143,776 miles, visiting 113 countries, and meeting with 14 heads of state in two years. He shared his journey with all of us by filming and producing a two-hour documentary, ``Around the World on Wheels.'' He revealed his travel secrets in his book, ``Camping Out With Your Van or Minibus.'' Closer to home, Harry has also been involved in over 150 chili cookoffs, organizing competitions whenever he can, and sharing his award winning recipes. Harry's great effectiveness as a community advocate was at least doubled upon his marriage to our former colleague in the House of Representatives, former Congresswoman Bobbi Fiedler. The two of them are a formidable force. I am proud to count both Harry and Bobbi among my friends and I ask my colleagues to join me in saluting this wonderful man as Harry concludes his service as President of the North Hills Community Coordinating Council.

Mr. BERMAN

Mr. BERMAN. Reclaiming my time, I not only have a right, but I have a duty to try and protect the jurisdiction that I represent in this body from a Draconian, harsh, unjustified amendment which seeks to cut off all funding. If the gentleman wants to promote this policy, let him introduce a bill. Let it go through the Committee on the Judiciary. Let it go through the regular process. But do not render L.A. and a number of other jurisdictions throughout this country ineligible for local law enforcement assistance in order to promote his very narrow and, I think, self-defeating ideological agenda.

Mr. BERMAN. I opposed the bill that came out of the conference committee.

Mr. BERMAN. Mr. Chairman, reclaiming my time, just my final comment on this, the gentleman is absolutely correct. Policies are initiated not about philosophical positions on the question of how to deal with undocumented people in this country or illegal immigrants in this country. The question is how best for law enforcement to serve their local missions; and to have this body come in and seek to intrude on that process by shutting off the means that we have decided are worthy to help local law enforcement have the manpower and the technology and the resources to apprehend violent criminals, I think is just crazy; and I urge this body to defeat this amendment.

Mr. BERMAN. I yield to the gentleman from Wisconsin.

Mr. BERMAN. I am telling you how I voted.

Mr. BERMAN. I know I opposed the bill that came out of the conference committee.

Mr. BERMAN. I yield to the gentleman from Colorado.

Mr. BERMAN. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, the gentleman from Colorado (Mr. Tancredo) with this amendment declares war on Los Angeles and a number of other cities throughout this country. He takes a city that is desperately trying to increase the size of the police force, using its own resources and utilizing State and Federal resources where they are available, to expand, to remove itself from the distinction of being one of the most under-policed cities in the country and says, You are no longer eligible for the Byrne program. You are no longer eligible for local law enforcement assistance block grants. You are no longer eligible for more than a billion dollars of funds appropriated by this bill to help local law enforcement around the country. Why? Well, the gentleman would have you believe it is because the City of Los Angeles and other jurisdictions, State and local, around this country, have chosen to try to promote and protect undocumented immigrants who have come to this country. But the truth is very far from that. The problem is, there are millions and millions of undocumented people in this country, and if they are going to report when they are the victims of rapes and robberies and assaults and other violent crimes that their immigration status will be referred to the INS, they are not going to report those crimes. And where witnesses know that if they come forward to report what they have observed in terms of violent crime, their names are going to be referred to the INS, they are not going to come forward. And local law enforcement in many jurisdictions has concluded that their mission of trying to deter and apprehend violent criminals and incarcerate them is going to be seriously impeded by the policy the gentleman seeks to advocate. They have undertaken their own policies to try to encourage people to come forward. Now, to tell those cities and States and counties around this country that because they have undertaken those policies, they are ineligible for one dollar of any of the Federal grant programs to help local law enforcement to build up their ranks, provide the bulletproof vests, provide the technology and the crime labs to deal with any of these very important missions, they are ineligible. This is a reckless and unfortunate amendment.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, today, I join Representative John Conyers, Jr. in introducing ``The Author, Consumer, and Computer Owner Protection and Security Act of 2003'' (ACCOPS Act). The ACCOPS Act addresses the growing scourge of illegal activity on the Internet. Illegal activities online run the gamut from identity theft, distribution of child pornography, and unlicensed drug sales to stalking, fraud, trademark counterfeiting, and financial crimes. Online copyright piracy, in particular, has gotten out of control. At any given moment, more than 4 million people are logged onto the single biggest peer to peer (P2P) file-swapping network, where they illegally traffic in over 850 million mostly-infringing files. P2P infringement of copyrighted music has garnered the most attention, but many other works, such as the latest Harry Potter book, are also widely infringed on P2P networks. On a daily basis, new web sites, with names such as Puretunes or Listen4ever, pop up offering unauthorized downloads of copyrighted works. Internet Relay Chat (IRC) channels and File Transfer Protocol (FTP) sites remain havens for theft of the newest software or pre-release movies. Chat rooms and other e- groups designed for needlework hobbyists have morphed into unrepentant sources of copyrighted needlework infringement, with one Yahoo!-run group alone hosting almost 50,000 pages of copyright-infringing needlework designs. It might be argued that the breadth of illegal activity online merely reflects that found in the physical world. While that may be true, the online world presents unique challenges. The relative anonymity of the Internet, the technological savvy of some malefactors, and the sheer number of scams collectively make it difficult to investigate and prosecute many online illegalities. Further, current law does not, in some instances, adequately address the nature of these online illegalities, or take into account the novel techniques used in their commission. Law enforcement authorities need additional resources and statutory authority to effectively deal with this rash of online scams, crimes, and illegalities. Together with H.R. 2517, which Representative Conyers and I joined Representative Lamar Smith in introducing, the ACCOPS Act will go a long way to providing law enforcement with the tools they need. Title I of the ACCOPS Act is directed at providing law enforcement agencies with adequate resources and coordination authority to enforce the criminal copyright laws. Section 101 authorizes the appropriation of not less than $15 million for criminal copyright enforcement for fiscal year 2004. Section 102 requires the National Intellectual Property Law Enforcement Coordination Council (NIPLECC) to develop guidelines to ensure that its component members share amongst themselves law enforcement information related to infringement of U.S. copyrighted works. Section 103 enables Congress to better monitor the success of law enforcement efforts by requiring the Attorney General to submit biannual, instead of annual, reports on criminal copyright cases. Title 11 addresses the unique law enforcement challenges posed by the transnational character of online copyright infringement. With increasing frequency, investigators of online infringements find that the infringers are located outside the United States. Section 201 is designed to ensure that federal law enforcement agencies do everything in their power to pursue even foreign infringers. Section 201 requires the Attorney General to provide to a foreign authority evidence to assist such authority in determining whether a person has violated any of the copyright laws administered or enforced by the foreign authority, or in enforcing such foreign copyright laws. By ensuring the appropriate foreign authority will receive all relevant information and possible assistance on the case, Section 201 increases the likelihood that the foreign infringer will be prosecuted. Title III of the ACCOPS Act clarifies the application of criminal copyright laws in the online world, and creates a number of new federal offenses to deter a broad range of illegal activity online. Section 301 clarifies that the uploading of a single copyrighted work to a publicly accessible computer network meets the 10 copy, $2,500 threshold for felonious copyright infringement. Section 301 simply brings the law into accord with the reality that uploading a copyrighted work to a place from which millions can download it is equivalent to the distribution of 10 or more copies having a value of $2,500 or more. This clarification is necessary because some prosecutors appear skeptical that they can successfully pursue cases against many uploaders of copyrighted works. Even though uploaders are the real culprits in the illegal distribution of copyrighted works, it is downloaders who make the vast majority of copies of the uploaded work. While Section 301 ensures that a public upload meets the felony threshold, the uploader will still only have criminal liability if he actually infringed the copyright in the uploaded work. More importantly, uploaders will only have criminal liability if they have infringed willfully. The standard for proving willfulness is quite high--requiring proving both knowledge and intent on behalf of the infringer--thus there is no threat that Section 301 will subject relatively innocent infringers to criminal liability. Section 302 addresses the problem of hackers, spammers, unscrupulous P2P software developers, and other online scam artists who have been known to ``hijack'' the personal computers (PCs) of the unsuspecting, and use those computers to engage in a variety of illegal or unauthorized activities. A July 12, 2003 New York Times article described how some PCs have been hijacked to distribute pornography. Several recent hearings in both the House and Senate detailed how popular peer-to-peer (P2P) software programs sometimes allow 3rd parties to ``hijack'' PCs to distribute child pornography and copyright-infringing material, come bundled with ``spyware,'' and otherwise jeopardize the privacy and security of PC owners. To address these problems, Section 302 requires that PC owners receive clear and conspicuous notice, and provide consent, prior to downloading software that would allow third parties to store material on the PC, or use that PC to search for material on other computers. Section 302 strikes a careful balance between ensuring that computer owners are fully informed, and empowered to deal with, the privacy and security risks inherent in some software, and preserving the freedom of software developers to innovate. Section 303 addresses another technique frequently used to facilitate Internet scams and illegal activities. Web sites are often used to undertake a variety of illegal activities. Web sites may pose as legitimate payment processors in order to steal financial information, offer copyright-infringing material for download, or sell non-FDA approved drugs. In an effort to escape detection, the operators of these sites often provide false or misleading contact information when registering the domain name of the web site. Over the past several Congresses, hearings before the Judiciary Subcommittee on Courts, the Internet, and Intellectual Property have highlighted this problem. Law enforcement agencies, the Federal Trade Commission, privacy protection organizations, and intellectual property rights holders have all documented the extent to which false domain name registration information substantially inhibited law enforcement investigations, consumer protection initiatives, privacy protection missions, and the exercise of intellectual property rights. Section 303 will address this problem by making it a federal offense to provide false contact information when registering a domain name. Section 303 makes it a Federal criminal offense to knowingly and with intent to defraud provide material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering a domain name. The penalty is a fine, imprisonment for not more than 5 years, or both. Section 304 deals with the growing phenomenon of copyright thieves who use portable, digital video recorders to record movies off the screen in theaters. While not of pristine quality, once one ``camcorded'' movie appears on the Internet, it quickly proliferates onto the P2P networks and back onto the street in the form of unprotected DVDs. Thus, even one camcorded movie can effectively defeat the best efforts of movie owners to protect their multimillion dollar investments against illegal distribution. Section 304 makes it a Federal criminal offense to, without authorization, camcord a movie in a theater. Section 304 mirrors legislation in several states, but will be far more effective by having a national impact. Section 305 is related to Section 303. When setting up web sites through which to infringe copyrighted works, the operators of those web sites often provide false domain name registration information. If their web site attract the attention of law enforcement or rights holders, the operators can then disconnect it without much fear of being caught, and pop up elsewhere under another domain name with different contact information. Section 305 directs courts to consider the knowing and intentional provision of material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering a domain name as evidence of willfulness with regard to copyright infringements committed by the domain name registrant through the use of that domain name. While a prosecutor is already likely to proffer false domain registration information as indicative of willfulness, enactment of Section 305 will ensure that courts accord this evidence appropriate weight. In conclusion, I believe the ACCOPS Act, in combination with the previously-introduced H.R. 2517, will go a long way to stimulating and facilitating more effective investigation and prosecution of many online illegalities, most particularly criminal copyright infringements. I do not, however, claim that the ACCOPS Act is a perfect creation, nor that it contains every salutary proposal in this area. It may be that some further provisions need to be added, or some stricken. I do believe that it represents a positive step in the right direction, and will strongly advocate for its adoption.

Mr. BERMAN

Mr. BERMAN. Mr. Chairman, I thank the gentleman from California (Mr. Lantos) for yielding me this time. With great reluctance, I disagree on one of those rare occasions with my friend from Arizona, the author of the amendment. The beauty of the Millennium Challenge Account is that it is not about neighbors and it is not about friends and it is not about how much you voted with us in the U.N. and it is not what your position was on Iraq. It is about helping, committing a portion of our foreign assistance to the poorest of the poor where the people of those countries have undertaken steps in terms of governance to promote democracy, human rights in terms of respect, and economic progress and concern for public health and education; and where they have made those internal changes and reforms, to try and establish what we think is fundamental principles that apply to all people all around the world, where they have made those decisions without regard to political reasons, interests of neighbors versus others but simply based on their poverty. We are going to devote a portion of our political resources to helping the poorest of the poor. Unfortunately, when you make that decision, if you raise the eligibility standard earlier than it otherwise would be raised, you will therefore have less money to help the poorest of the poor. It is just automatic simple logic and math. In the lower-middle-income countries, you have countries like Turkey and Russia and Colombia as the fourth-largest recipient. I would urge we keep consistent with the intent of the bill and the administration's proposal, help the poorest of the poor and vote ``no'' on this amendment.

Mr. BERMAN

Mr. BERMAN. I have 20 seconds. Can I take it on the gentleman's time?

Mr. BERMAN. Mr. Chairman, that is where I believe where a card which truly reflects the identity of the person who is getting it, which this card does, helps the police. It helps banks know to open checking accounts, to stop loan sharks who are trying to put incredible surcharges on remittances. Most of all, it is the sanction of this amendment where they have the gall to say that if the Mexican or any other government refuses to comply with the State Department's guidelines, we will penalize any employer in the United States who wanted to get specialized H-1B visa for a Mexican national, anyone who has stayed in Mexico and waited in line for 8 years, no nonimmigrant visas, no immigrant visas. What an outrageous sanction for people who are abiding by the law, for American employers and American families who are trying to reunite. The sanction has no relationship whatsoever to the conduct the author of the amendment is seeking to address. I strongly urge the body to vote no. Mr. Chairman, I rise in strong opposition to this amendment. In recent weeks we have held a number of hearings on the issue of identity cards issued by foreign states to their nationals in the United States. In these hearings, representatives of the Departments of Justice, Homeland Security, and State have testified that they are participating in an interagency working group that is studying the issuance of these cards and developing a policy on their use. I look forward to seeing the result of their work. In the meantime, we have been presented with this very troublesome amendment. There are three very important reasons to oppose this amendment: It will encourage fraud. This amendment lays out a policy for the State Department to implement and part of that policy would be require foreign states issuing these identity cards to provide the name and address of every cardholder to the State Department. Knowing as we do that many of these cards are held by undocumented aliens in the United States, we can be sure that if the cardholders know that their address is being sent to the United States government they will be less likely to provide an accurate address. This would totally undermine the benefits of these cards to state and local law enforcement. We have to solve the problem of undocumented aliens in this country, but in the meantime, undocumented aliens are living in our states and cities. Police Departments across the country have decided to accept this card when other identification is not available. Having some form of ID is better than having none. This amendment tells the State Department to implement a policy on these cards and then requires State to order another sovereign nation to stop issuing cards to its own nationals if that foreign government does not comply with the policy. While it is certainly our business to decide what forms of identification we accept from foreign nationals, it is not the business of our government to order another government to stop issuing identification to its citizens. Finally, under the Hostettler amendment, a foreign state's refusal to comply with a State Department order to stop issuing identification to its citizens would result in the State Department instituting a ban on visas for the offending country. This makes absolutely no sense. Under this logic, we would punish nationals of a country, refuse them visas for which they qualify--for family reunification or to accept a job. We would punish these lawful immigrants, their families, and U.S. employers because some nationals of their country might have a meaningless ID. This publishes those who follow the rule because there are some who might not. Mr. Chairman, I strongly urge my colleagues to oppose this amendment. It is bad for foreign policy; it is bad for domestic policy; and we should reject it.

Mr. BERMAN. Mr. Chairman, I thank the gentleman for yielding me this time. I rise in very strong opposition to the amendment. I have to say to the chairman of the committee, if this amendment were to pass, there will be no such card and the issue of finding out where the undocumented people are and who they are will not be enhanced one bit because no one who is here in undocumented status will give their accurate address if they know it is going to be turned over to the administration for enforcement. So the amendment totally undermines the goal of the chairman of the committee in his comments.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, Mr. McKeon, Mr. Sherman, and I rise today to pay tribute to our good friend, Bert Boeckmann, who will be leaving the Los Angeles Police Commission because of term limits. The Police Commission is one of Los Angeles' most important panels, and Bert's strong leadership and vision have played a vital role in setting police policy for the City of Los Angeles during the past seventeen years. Bert began his remarkable career selling automobiles at Galpin Ford in 1953. Four years later at the age of twenty-six, he became the General Manager of the company. Shortly afterwards, Bert began a buyout of the corporation. By 1968, the buyout was complete. Bert's innovation and management skills, along with a very strong sense of integrity and customer concern, have helped make him one of America's most successful entrepreneurs. By surrounding himself with a management team that shares his enthusiasm, honesty and dedication, Galpin Ford has become the world's most successful Ford dealership. Bert is widely recognized as the most honored and successful automobile dealer in America. In 1984, Bert was appointed to the Police Commission by Mayor Tom Bradley. In his many years as a member of the Commission, Bert served as a stabilizing force, often counseling younger committee members. As a Commissioner, Bert worked to revise the system-wide deployment of police units to ensure that all areas of Los Angeles received equal police response. Bert has also worked to enforce and create policy regarding Official Police Garages. In the wake of September 11, Bert monitored the police's Anti-Terrorist Division. The mark Bert leaves on the Police Commission is indelible, positive and a testament to his commitment to public service. Bert's many philanthropic achievements have touched the lives of millions, even beyond his well-known projects in Los Angeles. For example, in 1992, Bert and his wife, Jane, personally responded to a desperate plea from the city government of Moscow and Russian farmers who were in dire need of seed for the approaching winter harvest. Through his involvement with various organizations, Bert helped arrange the donation of over 57,000 pounds of seeds. Recently, he established the Boeckmann Charitable Foundation, which gives millions annually to charities around the world. Locally, Bert has donated more than $1.5 million to the Boeckmann Center for Iberian and Latin American Studies at the University of Southern California. Bert is a devoted and loving husband and cares deeply for his five children, their families and his five grandchildren. We are extremely pleased to know Bert and feel fortunate to have a person like him in our community. Mr. Speaker, we invite our colleagues to join us in thanking Bert Boeckmann for his outstanding contributions to the Police Commission and wish him continued success.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I appreciate the gentleman yielding me this time. To my friends who are concerned about this resolution, I remind them of the words of Yitzak Rabin earlier quoted: ``I will fight terrorism as if there were no negotiations. I will negotiate as if there was no terrorism.'' While he will never admit it, Prime Minister Sharon in the last 3 weeks has moved to that position. Notwithstanding 17 Israelis killed in a bus bombing, other Israelis killed in two other terrorism attacks since the Aqaba statements, the Israeli government has continued with these negotiations. The notion that the Roadmap would exist, that this process would be moving forward, that the hope that we heard at a conference this weekend by the Dead Sea from both Arabs and Israelis about the chances of moving forward would come because the United States played a neutral role in this conflict, are terribly misplaced. The reason that the Israelis have the courage to move forward, notwithstanding the continued terrorist attacks, is because they know that the United States Government and particularly that the Congress stands with them in this conflict. This is a resolution that for the first time in the history of this House of Representatives recognizes a two-State solution, an independent Palestinian State, and seeks to strengthen and embolden the Palestinian Authority in governing a State without terrorism. I urge support for the resolution.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise to pay tribute to my dear friend, Ruth Galanter, on the occasion of her retirement from the Los Angeles City Council. Ruth is an amazing, passionate and intelligent person who has accomplished so much in her political career without ever compromising her impeccable integrity or diminishing her idealism. I have had the pleasure of working with her since the 1970's when she was a prominent environmental activist and later as a member of the California Coastal Commission. I not only respect her professionally, but I value her friendship and advice. Elected in 1987 to the Los Angeles Sixth City Council District, Ruth has spent the last 15 years shaping and improving the city of Los Angeles. Ruth was President Pro Tem for 4 years and became president of the council in 2001. She is admired and well-respected by her friends, colleagues and associates. In addition to her legendary success in solving constituent problems and her well-known legislative prowess, Ruth has made a name for herself protecting the environment. She spearheaded the city's recycling program, authored the city's major water conservation programs and led the effort to fluoridate the city's water supply. She also directed the city's conservation efforts to ensure an adequate safe water supply for the next century. Early in her tenure, Ruth created a network of Community Planning Advisory Committees which assisted her in significant land use decisions throughout the city. Also, as chair of the Council's Committee on Commerce, Energy and Natural Resources, she worked to negotiate the challenges posed by electricity deregulation and the current energy crisis facing the State. And, as the city council's expert on aviation and airport issues, Ruth's futurist vision has improved the quality of life for all who live in southern California. She knows that the decisions made today regarding airport capacity and other transportation services directly impact our quality of life today and in the future. Born in New York City, Ruth received a bachelor of arts degree from the University of Michigan and a Masters Degree in Urban Planning from Yale. Los Angeles has been blessed to have her at the helm, and I am proud to call her my friend. Mr. Speaker, I invite my colleagues to join me in thanking Ruth Galanter for all she has done and wishing her continued success in all her future endeavors.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I thank the gentlewoman, the ranking member of the subcommittee, both for her excellent work and for yielding me this time. I rise in strong support of the bill, but I do want to point out a few issues that were addressed in the Committee on the Judiciary where I think we could have gone farther to be fair to the families of our soldiers. I very much appreciate the gentleman from Wisconsin's (Mr. Sensenbrenner) willingness to create a bipartisan process in the negotiations on this bill, a process that started with at least seven different bills on the topic. I think the goal of all the Members who introduced those bills, and of most of us in the House, were the same. We wanted to reward the dedication of lawful, permanent residents in the military by making it as easy as possible for them to become full members of the country they are serving on the battlefield. Secondly, we wanted to honor the sacrifice of both lawful, permanent residents and U.S. citizens who have been killed in service; and we are doing that by ensuring that their families are treated fairly by the country that they gave their lives to defend. As I indicated, the bill is a very good start. The problem is that there will be some families of these brave soldiers who will not be helped by this bill. My hope is that in the conference with the other body we will be able to address those issues so we can be sure that we are not creating a situation where we have to, for example, tell the mother of a young man who gave his life for his country, our country, that we thank him very much for his service but his mother will have to leave. As one of my colleagues on the committee put it, we ought to be sure that the family members of our fallen heroes have the right to tend to the grave of their loved one. When the Committee on the Judiciary considered this bill, I offered an amendment that would have provided the Secretary of Homeland Security the discretion, the discretion, to waive certain bars in our immigration laws that otherwise could be an obstacle to relief for the spouses, children, parents of the soldier killed in combat. We are not talking an automatic waiver. What we asked for was an opportunity for the Secretary of Homeland Security to do an investigation and, in his discretion, provide relief where he deemed it appropriate. I think it is right to offer some level of forgiveness to these families whose spouse or child or sibling has given the ultimate sacrifice to our country; and by giving that discretion to the Secretary of Homeland Security, we would have ensured that the waiver posed no threat to our national security. The second issue of concern in this legislation is one raised by the gentlewoman from Texas, the ranking member, that we have drawn an arbitrary line with respect to immigration relief for the parents of both U.S. citizen soldiers and soldiers granted posthumous citizenship under the bill. Under current law, legal permanent residents cannot petition for their parents to come to this country as immigrants. Naturalized citizens can petition for their parents. Under the language of this bill, the parent of a legal permanent resident soldier who is killed in combat and is given posthumous citizenship cannot get immigration benefits if they were waiting outside the country for their child to naturalize and then petition for them. If a U.S. citizen soldier filed a petition for their parents before they were killed in combat and their parents do not happen to have a visa to be in the U.S. on the exact date that their child was killed, the petition would be extinguished. In other words, the parent patiently waiting, playing by the rules, is turned away by the country their son or daughter died for. In a bizarre and totally arbitrary twist, if that parent happened to get a visitor's visa to enter the country, say to help take care of the soldier's children while he was deployed, and that time in the U.S. happened to include the exact date on which their child was killed in combat, then the parent of a legal permanent resident soldier would be eligible for relief. This distinction makes no sense and we should correct it. A parent is a parent whether they are in Mexico waiting patiently or here on a tourist visa helping with the kids. I would hope we could address these issues in conference.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I very much appreciate the efforts of Ranking Member Oberstar, and those of Chairman LoBiondo and Ranking Member Filner of the Coast Guard Subcommittee, and also Congresswoman Miller and thank these Members for their support of H.R. 517. I encourage my colleagues to vote in favor of this legislation, which would transfer the title of two decommissioned Coast Guard vessels to organizations that, I'm sure you would agree, plan to put them to good use. Let me speak in particular about the provision of the bill that would transfer the title to the Coast Guard Cutter Planetree to Jewish Life, a non-profit U.S. corporation based in California. Jewish Life plans to refurbish the Planetree to act as a floating exhibit to commemorate the 66 Exodus ships that carried Holocaust survivors to Israel following World War II, and to educate Americans about their role in this critical event in Israel's history. The Planetree was decommissioned 3 years ago. The vessel is not seaworthy and has been in cold-water storage in San Francisco ever since, at some expense to U.S. taxpayers. While many are aware of the importance of the Exodus to the establishment of Israel, few are aware of the critical role that Americans played in it. Over 200 Americans manned the Exodus ships, which were responsible for carrying 70,000 Holocaust survivors to Israel. The vessel, re-christened the Exodus 2004, will tour ports in the U.S. and Europe, and participate in ceremonies at each stop commemorating the Exodus. The vessel will end its tour in Israel, where it will remain as a floating exhibit as part of a museum dedicated to the Exodus. I believe that this certainly is a worthwhile cause, and I encourage you to vote in support of the bill.

Mr. BERMAN

Mr. BERMAN. Mr. Speaker, I rise today to pay tribute to the Marines from the 2nd Battalion, 23rd Marine Regiment, 4th Marine Division, headquartered in Encino, CA and to their families who support them, give them strength, and struggle heroically to keep things going at home while they serve overseas. I am particularly pleased to join Major General John J. McCarthy, Commanding General, 4th Marine Division, Judge Harry Pregerson and all of the family members of this Battalion in celebrating our own special ``Marine Family Day,'' an event which is planned both to provide some recreation for the family members of our reservists and to honor the more than 900 members of this Marine Forces Reserve unit who served in Iraq, and especially those 38 who were wounded in action. Sadly, one Marine, Staff Sergeant James Cawley was killed in action during this conflict. Since the creation of the 2nd Battalion, 23rd Marines in July 1942, the battalion has valiantly fought in numerous campaigns from World War II where its members saw action at Iwo Jima and Saipan to Desert Shield, Operation Desert Storm, and, of course, Operation Iraqi Freedom. They were deployed in February of this year, and have earned the distinction of being the longest-serving reserve unit in theater. While this status has earned them honor and respect, it was gained at enormous sacrifice on the part of both them and their loved ones. Not only have these reservists risked their lives, many have taken steep pay cuts and put their careers on hold to do so. They have missed birthdays, holidays, and other important family events. These men and women are police officers, firemen, doctors, lawyers, executives, and workers of every stripe and variety; people who make up the fabric of our communities. They are our husbands, wives, fathers, mothers, brothers, sisters and friends. They are patriots. I am proud that many of these reservists and their families live and work in my congressional district and I am honored to be celebrating with them this Saturday. I ask my colleagues to join with me in saluting the men, women, and families of the 2nd Battalion, 23rd Marine Regiment, 4th Marine Division.