Steve Chabot

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the Senate bill (S. 768) to establish court-martial jurisdiction over civilians serving with the Armed Forces during contingency operations, and to establish Federal jurisdiction over crimes committed outside the United States by former members of the Armed Forces and civilians accompanying the Armed Forces outside the United States, and ask for its immediate consideration in the House.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, today we consider H.R. 3485, the Justice for Victims of Terrorism Act legislation introduced by the gentleman from Florida (Mr. McCollum). This bill would finally provide justice for the victims of State-sponsored terrorism. These victims are entitled to compensation out of the frozen assets of the guilty terrorist state once the victim obtains a legitimate judgment. Sadly, these victims have been denied that justice that they so richly deserve. In the 1980s, several Americans were kidnapped in Beirut and held hostage in deplorable conditions by agents of the Islamic Republic of Iran including Terry Anderson who resides in my home State of Ohio. Mr. Anderson, as we all recall, was barbarically held by Iranian terrorists for over 7 years. In 1995, an American college student was killed in the Gaza strip when a terrorist from the Iranian backed Islamic Jihad rammed his car loaded with explosives into a bus. In February 1996, two Americans studying in Israel were killed in a suicide bombing of a bus in Jerusalem. Those responsible were provided training, money, and resources by Iran. Also in February of 1996, Cuban MiG aircraft shot down two aircraft flown by the Brothers to the Rescue organization in international airspace over the Florida Straits. Three American citizens were killed in that attack. After the Brothers to the Rescue incident, President Clinton publicly encouraged Congress to pass legislation to provide compensation to the families out of Cuba's blocked assets in the U.S. In 1996, the Antiterrorism and Effective Death Penalty Act became law. That law allowed American citizens injured in an act of terrorism or their survivors to bring a private lawsuit against the terrorist state responsible for that act. All of the victims of terrorism that I have mentioned went to courts and received judgments awarding them millions of dollars in damages. Each time a judgment has been awarded, the administration has fought to block the attachment of the assets of the countries that sponsored these terrorist acts to satisfy the awards. In 1999, the Congress passed section 117 of the fiscal year 1999 Treasury Department Appropriations Acts, mandating that the executive branch must allow Americans to attach the assets of terrorist states in the U.S. in order to collect judgments won in Federal court. At the insistence of the administration, that legislation included a provision for a Presidential waiver to block the attachment of assets if it was in the interest of national security. The President determined that the authority granted by section 117 for the attachment of assets of terrorist states in general would not be in the interest of national security and Presidential Determination No. 99-1. This determination effectively applied the Presidential waiver in section 117 to all judgments attempting to attach terrorist state assets. In March 1999, a Federal judge upheld a $187 million judgment against Cuba for its attack against the Brothers to the Rescue aircraft. In that judgment, Federal District Court Judge Lawrence King stated, ``The court notes with great concern that the very President who in 1996 decried this terrorist action by the Government of Cuba now sends the Department of Justice to argue before this court that Cuba's blocked assets ought not to be used to compensate the families of the U.S. nationals murdered by Cuba. The executive branch's approach to this situation has become inconsistent at best. It now apparently believes that shielding a terrorist foreign state's assets is more important than compensating for the loss of American lives.'' The President's broad use of his waiver power has frustrated the legitimate rights of victims of terrorism. That is why H.R. 3485 would amend the law to specifically deny blockage of attachment of proceeds from any property which has been used for any non-diplomatic purpose or of proceeds from any asset which is sold or transferred for value to a third party. Also, it specifically provides that a judgment against a foreign state that sponsors terrorism can be executed against assets of an agency or instrumentality of that foreign state even if there is no proof of fraud or any proof that the agency or instrumentality has an alter ego of the foreign state. We bring this bill to the floor today with a manager's amendment. This amendment was born from issues brought to the attention of the committee and language offered and withdrawn in committee by the distinguished gentleman from Michigan (Mr. Conyers), ranking member. The compromised language, motivated by the compassion of the gentleman from Michigan (Mr. Conyers) for victims' rights has further improved the intent of this legislation, providing a legitimate remedy to American citizens harmed by terrorist states. The amendment includes compromised language to make it easier for victims of state-sponsored terrorism to provide to court after a foreign state has had an opportunity to proceed to court after a foreign state has had an opportunity to arbitrate the claim. The burden on the claimant under current law to allow arbitration by the terrorist state prior to a claim going forward under the Foreign Sovereign Immunities Act is often very difficult to meet given the fact that the foreign state is a known terrorist country where the claimant may not be offered the same rights as in other countries. The amendment simply requires that the foreign state have a reasonable opportunity to arbitrate the case in a neutral forum that is outside the foreign state, and removes the burden on the victim to provide that opportunity. A provision to clarify that the costs estimated for this legislation are not appropriate funds has also been included. The President has exercised what was intended to be a narrow national security waiver too broadly and, as a consequence, those who have admitted acts of terror resulting in the death of American citizens are effectively going unpunished and Americans are not receiving just compensation after favorable court verdicts. These families have not only suffered the pain and loss of life associated with these terrorist acts, they have suffered the abandonment of their government in their pursuit of justice, justice that their President said they deserved. This legislation will make sure that they finally get it, that they finally get the justice that they deserve. I urge my colleagues to vote to pass H.R. 3485. Mr. Speaker, I reserve the balance of my time.

Mr. CHABOT. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 3485.

Mr. CHABOT. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3485) to modify the enforcement of certain anti-terrorism judgments, and for other purposes, as amended.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I ask unanimous consent that the gentleman from New Jersey (Mr. LoBiondo) be permitted to control my time.

Mr. CHABOT. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the H.R. 4033, the bill under consideration.

Mr. CHABOT. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4033) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to clarify the procedures and conditions for the award of matching grants for the purchase of armor vests, as amended.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 3380, the Military Extraterritorial Jurisdiction Act of 1999, was introduced by the gentleman from Georgia (Mr. Chambliss) last year, together with the gentleman from Florida (Mr. McCollum), who is the chairman of the Subcommittee on Crime. The bill as it is reported from the Committee on the Judiciary today is the product of close collaboration between the gentleman from Georgia (Mr. Chambliss), the gentleman from Florida (Mr. McCollum), and the ranking minority member of the Subcommittee on Crime, the gentleman from Virginia (Mr. Scott). It also reflects the input of the Departments of Justice and Defense, the American Civil Liberties Union and the National Education Association. I am pleased to represent to the Members that the bill is supported by both the Defense and Justice Departments, as well as the ACLU and the NEA. H.R. 3380 would amend Federal law to establish Federal criminal jurisdiction over offenses committed outside the United States by persons employed by or accompanying the United States Armed Forces. It would also establish Federal criminal jurisdiction over offenses committed outside the United States by members of the Armed Forces, but who are not tried for those crimes by military authorities and later cease to be the subject of military control. This bill fills the jurisdiction gap in the law that has allowed rapists, child molesters and a variety of other criminals to escape punishment for their crimes. This bill fills that gap and will help to ensure that persons who commit crimes while accompanying our Armed Forces abroad will be punished for their crimes. Mr. Speaker, I am pleased to support it. The Committee on the Judiciary ordered the bill reported favorably by voice vote late last month. Mr. Speaker, I am pleased to yield such time as he may consume to the gentleman from Georgia (Mr. Chambliss), the original sponsor of the legislation. I would like to commend the gentleman for his leadership in this effort.

Mr. CHABOT. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 3380.

Mr. CHABOT. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3380) to amend title 18, United States Code, to establish Federal jurisdiction over offenses committed outside the United States by persons employed by or accompanying the Armed Forces, or by members of the Armed Forces who are released or separated from active duty prior to being identified and prosecuted for the commission of such offenses, and for other purposes, as amended.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I yield the balance of my time to the gentleman from Wisconsin (Mr. Green), and I ask unanimous consent that he may be permitted to control the time.

Mr. CHABOT. Mr. Speaker, I thank the gentleman for yielding me this time. There is nothing so despicable as those who prey on children. There is nothing so abhorrent as harming those who are most vulnerable. We have an obligation to do all within our power to protect this Nation's children from the monsters who are out there as we speak. I want to thank the gentleman from Wisconsin (Mr. Green) for his leadership, and actually doing something about the despicable, the abhorrent things which happen to children in this country every day. The gentleman from Wisconsin has shown considerable leadership in offering this legislation. I commend him for that, and I urge my colleagues to support H.R. 4047.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4710) to authorize appropriations for the prosecution of obscenity cases.

Mr. CHABOT. Mr. Speaker, I ask unanimous consent that the gentleman from Oklahoma (Mr. Largent) be permitted to control the time, and I yield the balance of my time to the gentleman from Oklahoma.

Mr. CHABOT. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 4710.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, the first summer of the new millennium is well under way. Americans have been looking forward to summer vacations with their families all year. Unfortunately, they are discovering that the temperature is not the only thing rising this summer. Across the Nation, gas prices are shooting through the roof; and American families are feeling the pinch in their wallets. But since the beginning of the gas crisis, the Clinton-Gore administration has been missing in action. In fact, Energy Secretary Bill Richardson even admitted that ``we were caught napping.'' The response of the President's spokesman, Joe Lockhart, to the high prices was, ``Prices tend to go up a bit this time of year.'' Well, Mr. Speaker, it is high time that Secretary Richardson and the rest of the administration woke up. The Vice President, Al Gore, has long tried to increase gas prices and taxes on gas as a way to get us out of our cars and supposedly to clean up the environment. Well, he is getting his way. Let us face it, we are not being gouged at the gas pumps, we are being gored.

Mr. CHABOT

Mr. CHABOT. Mr. Speaker, I yield back the balance of my time.

Mr. CHABOT. Mr. Speaker, I move to suspend the rules and agree to the resolution (H. Res. 494) expressing the sense of the House of Representatives that the Ohio State motto is constitutional and urging the courts to uphold its constitutionality.

Mr. CHABOT. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.Res. 494.

Mr. CHABOT. Mr. Speaker, I yield such time as he may consume to the gentleman from Ohio (Mr. Oxley), the principal sponsor of this resolution. (Mr. OXLEY asked and was given permission to revise and extend his remarks.)

Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume. As usual, the gentleman from Ohio makes imminent sense. I compliment him for his remarks. Mr. Speaker, I yield such time as he may consume to the distinguished gentleman from the Second District of Ohio (Mr. Portman).

Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume. I rise today in support of House Resolution 494, expressing the sense of the House of Representatives that the Ohio State motto is constitutional. I would like to thank the gentleman from Ohio (Mr. Oxley), who will be speaking shortly, for introducing this legislation. ``With God, all things are possible.'' Those are the offending words, words that the Sixth Circuit Court of Appeals, in a 2 to 1 vote, held to be unconstitutional because, according to the majority judges, they constitute a government endorsement of religion. Mr. Speaker, 41 years ago the State of Ohio was looking for a new motto, one that expressed both the unbending optimism and quiet humility of the people of our State. A 10-year-old schoolboy submitted his choice, a passage that said simply, with God, all things are possible. The selection was easy; and in 1959, the new Ohio motto was adopted. Mr. Speaker, 38 years passed without controversy until 1997 when then Governor George Voinovich, decided to place the motto carved in stone in front of the State House, in Columbus, our capital. This apparently caused a great deal of alarm. The Sixth Circuit has ruled that this passage comes directly from the Gospel according to Matthew and therefore must be stricken as Ohio's creed. Other scholars in Ohio dispute this and have traced its non-Christian origins back to Homer's epic poem ``The Odyssey'' and point out its prevalence as an inspirational catch phrase throughout the history of Western literature, before Christ and after. The official motto of the United States is, ``In God We Trust.'' We have it right up there in front of us. As I am looking here today it says, in very large letters, ``In God We Trust,'' here on the floor of the House of Representatives. The Supreme Court of the United States heralds the beginning of every session with the words, ``God save this honorable court.'' We in Congress pause each morning for a prayer that calls upon guidance from God. Like these other reflections upon faith, the Ohio motto does not seek to promote a certain religion or endorse one set of religious beliefs over another. Ohio's Secretary of State, J. Kenneth Blackwell, has said and I quote, ``The motto implies a challenge for self-betterment, and that solid ethics must be at the root of all our actions as individuals and communities. It inspires and instructs that with faith and hard work, any challenge can be met.'' That is what our Secretary of State, J. Kenneth Blackwell, said. George Washington said, and I quote, ``Reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.'' I am inclined to agree with the father of our country, the man who, against all odds, led an army of untrained farmers to victory against the most powerful army in the world. I am also inclined to think that he would certainly approve of our motto. Mr. Speaker, I reserve the balance of my time.

Mr. CHABOT. Mr. Speaker, on that I demand the yeas and nays.