Luis Gutiérrez

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, I was unavoidably absent from this chamber on July 14, 2003 and missed rollcall vote No. 357, the Ackerman-LaTourette amendment to the Agriculture Appropriations bill which would require that the USDA expend no funds to approve meat from downed animals-- animals that are too sick to walk or stand--for food. I would like the Record to show that had I been present, I would have voted ``yea.''

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, I was unavoidably absent from this chamber on October 20, 2003. I would like the record to show that had I been present in this chamber, I would have voted ``yea'' on rollcall votes 563, 564 and 565.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, today I am introducing the ``Day Laborer Fairness and Protection Act,'' a bill to ensure fair wages and due process for day laborers. Day laborers are individuals who are hired by agencies to work on a day-to-day basis for employers who pay for the services of temporary laborers. Day labor is not of a clerical or professional nature. Most day laborers perform construction, warehouse, restaurant, janitorial, landscaping or light industrial work-- often taking home far less than the minimum wage. In the absence of federal guidelines, day laborers are often subjected to long, unpaid wait-periods before being assigned to a job. Commonly, these workers also face dangerous working conditions and are paid lower wages than full-time workers performing the same or similar jobs. Further, day laborers are frequently charged high (often undisclosed) fees for on-the-job meals, transportation to and from job sites and special attire and safety equipment necessary for jobs. Some agencies even ask workers to sign waivers in case they are injured on the job. Partially due to these unfair labor conditions, many day laborers are caught in a cycle of poverty. A study by the University of Illinois Center for Urban Economic Development found that 65 percent of 510 surveyed day laborers receive $5.15 per hour. Taking into consideration the number of hours spent waiting to be assigned to work (often between 1.5 and 3 hours), the real value per hour of work is reduced to less than about four dollars per hour. This low figure does not reflect transportation and food and equipment fees, which are often deducted from day laborers' wages. To address these problems, this Act requires day laborer wages that are equal to those paid to permanent employees who are performing substantially equivalent work, with consideration given to seniority, experience, skills and qualifications. Also, it will help ensure that workers are being properly trained before performing hazardous tasks. My bill would also ban fees and wage deductions for health and safety equipment and for transportation between the place of hire and the work site. Further, it requires itemized statements showing deductions made from day laborers' wages. It will also outlaw the unscrupulous practice of charging workers a fee for cashing paychecks. Some companies reap millions of dollars from this deceitful practice. Finally, it mandates that when a day laborer is hurt on the job, the employer who has requested the services of the day laborer provide for coverage of health care costs. Mr. Speaker, I urge my colleagues to support this pro-labor legislation that will help ensure that people who work hard and pay taxes have the same employment protections as people in other jobs.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, today I introduce legislation to honor the achievements of the late Raul Julia by awarding his family the Congressional Gold Medal. I am pleased that 31 of my colleagues have joined me as original cosponsors of this important resolution. Whether he played Edmund in Shakespeare's King Lear, or Valentin in The Kiss of the Spiderwoman, or Rafael the fix-it-man on Sesame Street, the passion and talent that Raul Julia exhibited in his work made him an inspiration for actors of all backgrounds. Raul Julia took risks in the projects he chose and the success of these risks was an inspiration of aspiring actors everywhere and especially in his native Puerto Rico. Raul Julia often chose to forgo traditional plays and Hollywood blockbusters for such innovative roles as a Fellini-esque filmmaker in the Broadway musical Nine or as slain Salvadoran Archbishop Oscar Romero in the movie Romero. Best known for his roles as Gomez Addams in The Addams Family and as Chico Mendez in The Burning Season, he was nominated for four Tony awards in 10 years, and posthumously received the Emmy Award, Golden Globe Award and the Screen Actors' Guild award. In addition to his talents on the stage and screen, Raul Julia was an activist on both local and global levels. He was a spokesperson for the Hunger Project, a nonprofit organization committed to the eradication of world hunger, and was also involved in La Familia, a New York City outreach program for Latino families in need. Raul Julia's immense success did not diminish the immense generosity of his spirit and dedication to helping actors from Puerto Rico and elsewhere. His long- standing association with the New York Public Theater and the New York Shakespeare Festival opened doors to nontraditional parts for Hispanic actors. He co-founded the Latino Playwrights Reading Workshops and was instrumental in the creation of the Puerto Rico Traveling Theater, which showcases bilingual plays and Hispanic playwrights and actors, while bringing theater to those who cannot ordinarily afford it. In 1994, thirty years after he made his Broadway debut in Spanish playwright Calderon de la Barca's Life is a Dream, Raul Julia's life and career were cut short by a fatal stroke. He was given a state funeral in Puerto Rico, where thousands of people attended as a testimony to his many lasting achievements. Mr. Speaker, I ask my colleagues to please join me in finally recognizing and honoring Raul Julia's great contributions to the Latino community and to the performing by cosponsoring this legislation.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, today I am introducing the ``Wire Transfer Fairness and Disclosure Act of 2003,'' a bill to require additional disclosures relating to exchange rates in transfers involving international transactions. Immigrants throughout the United States work hard, save money and send billions of dollars to relatives living in foreign countries. The money sent home helps finance basic needs ranging from food and medicine to education to new homes. Unfortunately, customers wiring money to Mexico are often losing millions of dollars to undisclosed ``currency conversion fees'' charged by giant firms such as Western Union and MoneyGram. Wire Transfer companies aggressively target audiences in immigrant communities with ads promising low rates for international transfers. However, such promises are grossly misleading particularly for those with ties to Mexico or other Latin American countries, since companies do not always clearly disclose extra fees charges for converting dollars into Mexican pesos. While large wire service companies typically obtain pesos at bulk bargain rates, they charge a significant currency conversion fee to their U.S. customers. The exchange rate charged to customers sending U.S. dollars to Mexico routinely varies from the benchmark rates by as much as 15 percent. The profits from these hidden currency conversion fees are staggering, allowing companies to reap millions of dollars more than they make from service fees. To address these problems, this Act requires full disclosure of all fees involved in all money-wiring transactions. More specifically, the bill requires that any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer (whether or not the consumer maintains an account at such institution or business) shall provide the following disclosures: The exchange rate used by the financial institution or money transmitting business in connection with such transaction. The exchange rate prevailing at a major financial center of the foreign country whose currency is involved in the transaction, as of the close of business on the business day immediately preceding the date of the transaction (or the official exchange rate, if any, of the government or central bank of such foreign country). All commissions and fees charged by the financial institution or money transmitting business in connection with such transaction. The exact amount of foreign currency to be received by the recipient in the foreign country, which shall be disclosed to the consumer before the transaction is consummated and printed on the receipt given to the consumer. Mr. Speaker, I urge my colleagues to support this pro-consumer legislation.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I think the discussion that we are having tonight is really a discussion about immigration and the immigration policy of our country. And we might want to cloak it in national security but it is what it is. Our Supreme Court has stated that when you matriculate a child in school, you do not ask the immigration status of that child or that child's parents. That is the Supreme Court decision. That is the law of this land. Children born here in the United States of America, they are citizens by constitutional right. When their parents go to enroll them in school, they must feel free to enroll them in school. Indeed, there are hundreds of thousands of children in our public school systems in this country whose parents do not have a legal status in this country. They do. They are the citizens of this great Nation of ours. We should allow those educational systems to continue to work. There are police departments, over 400 of them in the Nation, that have made a decision that they want crime reported. That is a very local decision. And we should not be substituting it with a national policy by passing this amendment. I think the police chief of LA, the police chief of New York, the police chief of Chicago and the employees that work under them should be given the respect that this institution should give to them because they are on the front line fighting crime each and every day. And they should make the decisions about how best they can protect the welfare of the citizens of those cities. We have talked a lot about the localities and making sure that everything works better back home. Well, this is an instance where things are working better back home and we should leave it alone. And we can have a debate all night, but I think clearly what is going to be read in the papers tomorrow and the evaluation that is going to be made of this vote is going to be that those that care to say that immigrants are bad to this country, and those that care to extol the virtues of immigrants are going to take different sides on this debate. But this is really a debate about immigration. Let me end with this: I think that the President of the United States of America acknowledged that we have to do something about undocumented workers in this country. That is just a fact. There are 8 to 10 million undocumented workers and that is what this is really all about, and this is an attempt to deny them education and to deny their children education and to deny the police to protect them. That is what this is really all about. The President of the United States sat down with the President of Mexico for one to try to work out some reasonable immigration policy. We should allow them and the Secretaries of State of those countries to bring back, to come to a reasonable solution. Listen, this is not going to get rid of one undocumented worker, as long as in the State of Washington 70 percent of the agricultural workers are undocumented. We know that we eat their apples. We eat the grapes from California. We eat the oranges from Florida. We know who picked those fruits in this Nation. We know who does some of the hardest work in this country each and every day. So let us have a debate on immigration. Let us have a debate on immigration. Let us have a broad debate on immigration, and let us try to figure out how we streamline new immigrants to this country as we integrate those that are working hard, paying taxes and following the law of this land. Let us not have a debate here tonight where one person can go and put a claim, I got the immigrants today. I feel so proud. America has a proud tradition in this country of respecting the work and the wealth of the contributions of immigrants, whether they be Italian or Irish or Polish. That is what has made this Nation so great. Let us not belittle those contributions here with this debate tonight. Let us vote no on this amendment.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, I thank my good friend for yielding me time, and I thank the gentlewoman from Florida (Ms. Ros-Lehtinen) for her work on the consideration of this bill today. I would like to also thank all of the staff members who worked tirelessly in making this possible, and specifically I would like to thank my good friend Danielle Simonetta and Michael Layman from the majority side for all of the work they have done in making this bill. And I say to Danielle specifically that my daughter sends her good wishes. She is doing better, and she is real excited about Cesar Chavez and the opportunity for the action that we can afford his life here today. Mr. Speaker, I rise to celebrate today the life and legacy of Cesar Chavez and to recognize his passion for empowering workers and for defending the rights of the disadvantaged. The legislation we are considering today, H.R. 925, would designate a United States Postal Service facility at 1859 South Ashland Avenue in my district as the Cesar Chavez Post Office. The facility would serve as a permanent tribute and a lasting reminder of the selflessness and self-sacrifice that embodied Chavez's life and work. Mr. Speaker, this is not the first time a legislative body has paused to honor Cesar Chavez, and it is my hope it will not be the last. The more buildings, the more streets, the more stamps and the more parks that are designated, the more we can keep Cesar Chavez's principles, his passion and devotion alive, and the more we will be able to encourage others to continue the unfinished business that Cesar Chavez left behind, to take up his fight and his causes and to make similar sacrifices in the name of justice and dignity. Throughout history, there have been few individuals that have done more, that have fought harder or sacrificed as much to ensure dignity and decency for all workers than Cesar Chavez. The late Senator Robert F. Kennedy called him one of the heroic figures of our time. Cesar Chavez remains a champion to working people around the world and an inspiration to generations of Latinos, both here in this country and abroad, and his accomplishments are an enduring symbol and a shining example of what one man can achieve in the fight for fairness. Cesar Chavez stood up to the biggest, the most well-financed and the strongest corporate growers. He fought for farm workers who spent countless hours doing our Nation's most arduous and strenuous work. He defended men and women crippled by despair and deplorable working conditions, so that they too could have a say in the fight for reasonable and respectable wages. Chavez fought for the most basic and the most fundamental and the most essential rights for workers. He fought so that growers would not spray pesticides while workers were in the fields. He fought so that they could have a clean water system and decent housing. And his actions and hard work were vital in achieving better pay for migrant farmers, to banning child labor abuses, and to mitigating the proliferation of sexual harassment of women workers. Cesar Chavez's courage and his character helped strengthen the farm workers movement, and his principles of nonviolence continue to play an important role in the quest for social justice and human rights and for a world without prejudice or injustice. Mr. Speaker, for everyone who has ever fought for fairness, Chavez is a model and a true mentor. Because he refused to let bigotry and bias go unchallenged, workers are better protected and represented today. Because he refused to respond to discrimination and intolerance with silence, we live in a better and more inclusive America. According to Chavez, ``The truest act of courage, the strongest act of manliness, is to sacrifice ourselves for others in a totally nonviolent struggle for justice. To be a man is to suffer for others.'' At the time those eloquent words were articulated, Chavez was too weak to speak them himself. He was fasting in protest of violence against workers, and his speech had to be read by someone else. Throughout his life, Chavez never relented, he never backed down, and he never wavered from his commitment to nonviolence. When he passed away in 1993, more than 50,000 people attended his funeral to pay homage and their respects to a man who fought so fearlessly, so tirelessly for those not always heard or even seen in our society. A reporter wrote, ``During the vigil at the open casket on the day before the funeral, an old man lifted a child up to show him the small, gray-haired man who laid inside. `I am going to tell you about this man some day, he said.' '' The legislation we are discussing today would ensure that countless others remember to tell their children about this man, about his life, his lessons, and his legacy. It will also help educate tomorrow's leaders about the characteristics that they should appreciate, about the achievements that they celebrate, and about the types of individuals that they should emulate. Mr. Speaker, in the year since his passing, Chavez has been awarded many of our Nation's highest honors, including the 1994 Medal of Freedom. And the passage of this legislation, I believe, would serve as another important and lasting testament to the outstanding work of Cesar Chavez. At the Commonwealth Club of San Francisco, Chavez said, ``The consciousness and pride that were raised by our union are alive and thriving inside millions of young Hispanics who will never work on a farm.'' And we must work to keep that consciousness and pride alive in future generations. We must work to keep the consciousness and pride alive as we advocate for a new generation of immigrant workers. Every time someone in my community drops off a letter, goes to buy a stamp, or passes by the post office, they will be able to remember Cesar Chavez's life, remember his accomplishments, appreciate his vision and, ideally, summon the strength to embody his teaching in their daily activities. It will also serve as a focal point in a vibrant and growing Pilsen community and as a reminder of the challenges we face today. Mr. Speaker, Cesar Chavez gave workers everywhere a reason to believe and a reason to dream. He inspired them, with his desire and discipline, to stand together and to do better and to reach farther. And in doing so, he gave so many the courage and the strength to fight for equity and equality. That is why I urge the passage of this important legislation. In ending, Mr. Speaker, I would like to thank my friends again, the gentlewoman from Florida (Ms. Ros-Lehtinen), and my dear friend, the gentleman from Chicago, Illinois (Mr. Davis), who I know when we finally get this legislation approved will be standing with me in inaugurating this wonderful new post office for Cesar Chavez.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, I rise today to offer my best wishes for the upcoming marriage of Dena Marie Carli and Dennis Wayne Pociask on June 7, 2003. Dena and Dennis met while on duty as police officers with the 13th District Chicago Police Department. Dena, who is currently pursuing a law degree, has been working in law enforcement since 1995. She started as Cook County deputy sheriff and in 1999 became a Chicago police officer. Her parents, Officer Reno and Diane Carli, and her sister, Officer Lisa Carli, are all very proud of her decision to continue in the family business of keeping our city safe. Dennis has been with the police force since 1998 and remains close with his mother, Tina, his brother, Ray, his sister-in-law, Pamela, and his niece, Holly. Mr. Speaker, marriage is an occasion worthy of celebration and recognition. Please join me in wishing the very best for Dena and Dennis' new life together. May they share many pleasant memories in a marriage built on trust, friendship and a loving commitment to one another. I wish them many years of happiness and ask my colleagues to join me in extending their best wishes.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, the resolution we are considering today, H. Res. 195, congratulates the Chicago Cubs' Sammy Sosa for reaching a major milestone in his remarkable and outstanding career. On Friday, April 4, against the Cincinnati Reds, Sammy Sosa made baseball history during the top of the seventh inning when he drove a fastball over the right field fence. As he stepped on home plate, index fingers pointed at the sky, he also was stepping into some very select and special company. With that historic home run, Sammy became the 18th player in major league history to hit 500 home runs and the first Latino to break the magical mark. His name will be etched alongside baseball legends Hank Aaron, Babe Ruth, Mickey Mantle, Willie Mays, Mel Ott, and Ernie Banks. Mr. Speaker, sports writer Ralph Wiley wrote that ``The home run remains the American sporting accomplishment and expression, combining nearly everything we admire: lightning-quick strike, power and, above all, great spectacle, a sustained visual effect in one beautiful arc of life.'' It brings us to our feet, howling and high-fiving total strangers. We admire and are in awe of the individuals with the power and precision to hit home runs. And the notion of hitting 500 home runs remains one of the most impressive and most difficult accomplishments in sports. It immediately conjures up images of baseball legends and of history, and for the select few who achieve this amazing and astounding feat, it truly exemplifies and embodies their enduring excellence. With his 500th home run, Sammy will forever be associated with baseball greats and has permanently secured his place in the record books, but he is so much more than just one remarkable and incredible accomplishment. Time and time again, Sammy has proven on and off the field to be a source of pride, joy and jubilation for all the residents of the Dominican Republic, as well as all Latin Americans and all immigrants to the United States from around the globe. His story is so familiar so hopeful for so many immigrants in this country, men and women who, like Sammy, come to the United States to work hard, to provide for their families and loved ones, so that they, too, can live a better and safer life. And that, in addition to his 500 home runs, is why this resolution is so important, deserving and justified. Throughout history people have associated baseball with the strengths of American culture and equated the game with the best of our country's character and resolve. At no time was this more evident than after the tragedy of September 11. Across the United States, ball parks hosted moving and emotional attributes to the fallen heroes of that dreadful and heart-wrenching day. And perhaps no image was more poignant or more touching than Sammy Sosa running the bases waving an American flag after hitting a home run. Sometimes I believe it takes someone born elsewhere to sum up the most patriotic and powerful sentiments of our great Nation. No one loves and respects and admires America, their community or their profession more than Sammy Sosa. Roberto Clemente once said, ``When I put on my uniform, I feel I am the proudest man on Earth.'' Sammy has approached the game with that same passion and purpose, with that same excitement and enthusiasm. And in doing so, he has shown us just how potent the combination of discipline and dedication and desire can be. I think the comparison between Sammy and Roberto Clemente is fitting and appropriate. Roberto Clemente was such a model, such an example and such an inspiration to so many people; and Sammy instills and encourages that same desire and dedication, that same commitment to be better, to reach higher, to succeed despite the odds. From his first home run off Roger Clemens in 1989 to today, Sammy has awed us with his ability and athletic prowess on the field and his dignity and selflessness off the field. He has embodied the team spirit, talent, exuberance, and determination that we associate with the very best qualities of sports. He has been able to do so under the most intense media scrutiny and public attention. Throughout his record-breaking career, Sammy has consistently conducted himself with a level of modesty and humility that has been a source of motivation to people around the world. After his historic 500th home run, the standing ovations and the praise and accolades, Sammy stated, ``I'm very happy, very blessed. I've been working hard all my life to be where I am.'' Mr. Speaker, it is all of us that I believe are blessed. We are blessed to have men and women like Mr. Sosa to inspire our imaginations and to encourage us to make the most of our ambitions and our aspirations. From the child finding safety and sanctuary in a game of stickball in the heart of the inner city, to the dusty little league field in our most desolate and isolated countryside, countless young men and women can look at Sammy's accomplishments, at his fervor, and at his fortitude and say, I too can achieve, I too can dream, and I too can overcome obstacles. I too can break down barriers on the playing field, in the classroom, and indeed in life. So today, Mr. Speaker, it is with great reverence and great respect that I say thank you, Sammy. Thank you for tearing down barriers for Latinos around the world. Thank you for being a role model and an inspiration; and thank you for letting us dream as big as our hearts will allow. And congratulations on this magnificent and memorable achievement. We look forward to another 500 home runs.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, today I am introducing the ``International Money Transfer Disclosure Act of 2003,'' a bill to require disclosures involving international money wire transactions. Immigrants throughout the United States work hard, save money and send billions of dollars to relatives living in foreign countries. The money sent home helps finance basic needs ranging from food and medicine to education and new homes. Unfortunately, customers wiring money abroad are often losing millions of dollars to undisclosed ``currency conversion fees'' charged by giant firms, such as Western Union and MoneyGram. Wire transfer companies aggressively target audiences in immigrant communities with ads promising low rates for international transfers. However, such promises are grossly misleading particularly for those with ties to Mexico or other Latin American countries, since companies do not always clearly disclose extra fees charged for converting dollars into Mexican pesos. While large wire service companies typically obtain pesos at bulk bargain rates, they charge a significant currency conversion fee to their U.S. customers. The exchange rate charged to customers sending U.S. dollars to Mexico routinely varies from the benchmark rates by as much as 15 percent. The profits from these hidden currency conversion fees are staggering, allowing companies to reap millions of dollars more than they make from service fees. To address these problems, the International Money Transfer Disclosure Act of 2003 requires that any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer, whether or not the consumer maintains an account at such institution or business, shall provide full disclosure of all fees involved in all money-wiring transactions, including the exact amount of foreign currency received by the recipient of the transfer. Consumers will also be provided a final itemization of all costs dealing with the remittance at the time of the transaction. The disclosures will be provided to the consumer in both English and the language used by the financial institution to advertise, solicit, or negotiate the money transfer. Mr. Speaker, I urge my colleagues to support this sensible pro- consumer legislation.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, I rise today to express my strong support for H.R. 100, the Servicemembers Civil Relief Act, introduced by my good friends and colleagues, the gentleman from New Jersey (Mr. Smith) and the gentleman from Illinois (Mr. Evans). Hundreds of thousands of our servicemembers are now courageously serving our Nation in Iraq and other dangerous parts of the world. No group of Americans has made or will make as valuable a contribution or as great a sacrifice or will have as much to be proud of as the men and women of our Armed Forces. The legislation before us today will ensure that these brave men and women serving overseas and defending the ideals of our Nation are not preoccupied with financial security and the well-being of their families at home. Among the many hazards confronted by men and women in uniform, not all of them are found on the battlefield or on foreign soil or at high seas. Some of their challenges originate here at home, even though they are countless miles away. To make matters worse, these are challenges that not only the men and women who sign up for duty must face, but their family members as well. Many of these challenges are financial. In various ways, members of the Armed Forces, and in particular members of the National Guard and Reserve who leave jobs, good jobs, homes and families at a moment's notice, face tremendous economic burdens as a result of their willingness to serve. It is at least within our power and the power of this Congress to do something about that, to provide some level of economic security and stability. I am pleased that measures that I proposed in my bill from the 107th Congress, H.R. 3173, are included in the legislation before us today. One of these provisions is the inclusion of a monthly rental protection increase. Under current law, an activated military member's family with housing payments of $1,200 or less cannot be evicted for failure to pay rent. H.R. 100 raises the protected rental amount to $1,700, a figure that will be indexed. When the members of our Armed Forces trade in the comforts of their home for barracks in a country thousands of miles away, they should have the peace of mind they are not going to be evicted and their families put on the street. I applaud the inclusion of this specific measure. The Servicemembers Civil Relief Act also makes technical updates and clarifies the old law that dates back to 1940. I am pleased that changes in H.R. 100 changes the language of the Soldiers and Sailors Act to better reflect the true composition of our military, and the brave and willing women who sacrifice for our Nation are now included. A family's loss of income does not simply occur when a father or husband leaves his regular job for service, but when a mother or wife does the same. Outdated language, such as the use of the word ``wife'' to describe dependents eligible for protection while a member is on duty, flies in the face of these brave women honorably serving our Nation. I appreciate that among the technical changes and updates, H.R. 100 replaces such references with gender-neutral language. I support H.R. 100, and am pleased that so many of my colleagues on both sides of the aisle do as well. I urge a yes vote on this important and timely bill.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, I rise today to announce the introduction of my bill, the ``Fairness for America's Heroes Act.'' Currently, there are more than 37,000 non-citizens on active duty in our military and each year approximately 7,000 new non-citizens join the armed forces. These brave men and women are willing to die defending our nation, and it is imperative that we recognize their selflessness and spirit-- not only when someone is killed in battle, but from the moment they are called up for combat duty. We need laws that reflect non-citizen soldiers' heroism and their patriotism. That say we are grateful for your sacrifice; we understand the risks and dangers of combat duty; and to honor your dedication and devotion, we are granting you citizenship. This is a right that these men and women have earned and deserve. Throughout history non-citizen soldiers have stood shoulder-to- shoulder with native-born Americans in defense of our nation. They fight with vigor and valor to protect the American dream, and they risk their lives everyday for the safety and security of our country. All of those who serve--regardless of race, regardless of gender, regardless of country of origin--are without hesitation recognized as America's heroes. The legislation I am introducing today will allow them, rightfully and justly, to also be recognized as Americans. This is a distinction they have certainly earned and deserve. The ``Fairness for America's Heroes Act'' grants citizenship automatically to non-citizen soldiers assigned to combat duty. The legislation says that no soldier will ever again have to come home in a body bag to be recognized as an American. No soldier's family will ever again have to sort through mounds of paperwork so their loved ones can receive citizenship posthumously. It also says that no soldier will ever again have to be preoccupied or worry what will happen to their family's immigration status if they are killed in battle. It enables immediate family members of servicemen and servicewomen to receive expedited processing of their immigration status, and, perhaps most important, it honors the enormous contributions immigrants make to our military and to our society every day. To understand these contributions, you have to look no further than the young men who heroically and valiantly served their adopted country in the war against Iraq: Lance Corporal Jose Gutierrez, Corporal Jose Garibay, Private First Class Francisco Martinez-Flores, Lance Corporal Jesus Suarez del Solar. These brave young men, barely in their twenties, died fighting for our country, but the ideals and principles they fought for must not. Those ideals can be summed up most eloquently with the words of Lance Corporal Gutierrez' brother, who said that Jose joined the Marines ``to pay a little back of what he'd gotten from the U.S.'' These young men, many of whom left war-torn, war-ravaged countries, understood that America is the type of place that permits you to dream as big as your heart will allow. They were willing to fight and die for that dream, and our immigration system should reflect and respect that sacrifice. You see, Mr. Speaker, immigrants' presence in our military is nothing new. Immigrants have fought in every war since the American Revolution. In fact, immigrants account for 20 percent of the recipients of the Congressional Medal of Honor. In Silvis, Illinois, just west of Chicago, Ill., there is a street called Hero Street U.S.A. This street stands as a tribute to honor eight young Latino men who lost their lives courageously defending our country during World War II and Korea. They went to war without hesitation even though people often ignored them or treated them as second-class individuals. The sacrifice and strength of these young men sparked an unrivaled and unmatched wave of service in their community. The Department of Defense has documented that no street of comparable size has sent as many men and women to serve in the Armed Forces. While tributes like these are important, and speeches are moving, we must back up our rhetoric with action. The swift passage of this legislation is an important place to begin. It will say to these heroic young servicemembers that we recognize and respect your contributions; we honor your spirit and your service; and that you personify the pride and patriotism that makes this Nation so great. I urge my colleagues to properly recognize these brave men and women by supporting the ``Fairness for America's Heroes Act.''

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, I was absent from this chamber on January 27, 2003 and missed voting on rollcall vote Nos. 13 and 14. I want the Record to show that had I been present in this chamber, I would have voted ``yea'' on rollcall vote Nos. 13 and 14. Also, I was briefly absent from this chamber on January 28, 2003 and I would like the Record to show that had I been present in this chamber, I would have voted ``yea'' on rollcall vote No. 15. Also, I was absent from this chamber on February 25, 2003 and I would like the Record to show that had I been present in this chamber, I would have voted ``yea'' on rollcall vote Nos. 33 and 34. I was also absent from this chamber on March 4, 2003 and I would like the Record to show that had I been present in this chamber, I would have voted ``yea'' on rollcall vote Nos. 40, 41 and 42. On March 18, 2003 I was absent from this chamber and I would like the Record to show that had I been present in this chamber, I would have voted ``yea'' on rollcall vote Nos. 65, 66 and 67. On April 3, 2003 I was briefly absent from this chamber and I would like the Record to show that had I been present in this chamber, I would have voted ``no'' on rollcall vote No. 105. On April 7, 2003 I was absent from this chamber and missed voting on rollcall vote Nos. 109, 110 and 111. I want the Record to show that had I been present in this chamber, I would have voted ``yea'' on rollcall vote Nos. 109, 110 and 111.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Chairman, I am pleased that yesterday, during consideration of H.R. 975, the House agreed to an amendment I offered to Section 1234. As amended, Section 1234 will assure that all companies forced into involuntary bankruptcy receive the protection of the bona fide dispute standard in the manner that Congress has intended since its adoption in 1984. Mr. Chairman, I would like to explain that my amendment changed the effective date in the involuntary bankruptcy provision of H.R. 975 also known as Section 1234. My amendment is identical to language that was included in the corresponding provision, Section 1233 of H.R. 5745, the bankruptcy reform bill passed by the House on November 15, 2002. My amendment was a purely technical correction. Section 1234 is not new law but a clarifying restatement of Section 303 of the Bankruptcy Code, which sets the rules for involuntary cases since 1984. The purpose of the 1984 language was to bar bringing involuntary bankruptcy action in cases which where already subject of a ``bona fide dispute'' on either the existence of liability or the amount of that liability. The purpose of the bona fide dispute standard is to prevent our overcrowded bankruptcy courts from being burdened with ordinary contract performance disputes filed as involuntary cases by forum- shopping litigants, seeking to gain undue leverage by forcing their counterparty into bankruptcy. Ordinary contract disputes are contested on a level playing field when they are litigated in the proper forum of a civil court. And if they civil court issues a binding judgment regarding the amount that truly is due, a bona fide dispute no longer exists and an involuntary case may be initiated. But when trade creditors--especially separate affiliates of the same corporation--decline to bring a civil suit, and instead collude to force a debtor company into bankruptcy to gain an unfair advantage regarding bona fide contract disputes over contested amounts claimed to be due, it can be devastating. That devastation is particularly acute for a small business. As soon as news of the bankruptcy gets out its employees may begin to explore other job opportunities, its suppliers start to demand cash on delivery rather than continue to abide by their standard credit and repayment terms, and its customers start to wonder if they can rely on that business into the future. The company pushed into involuntary bankruptcy is therefore put under tremendous pressure to settle the disputed matter on plantiffs' terms, quickly, regardless of the merits.'' There has been no confusion regarding the interpretation of the bona fide dispute standard at the appellate level, as all five federal appeals courts that have ruled on its scope have agreed that it covers both the questions of whether liability exists and the amount of that liability. All that Section 1234 does is insert the term ``as to liability or amount'' into the Code so as to prevent any further misunderstanding on this matter by a small minority of bankruptcy judges. My amendment makes sure that Section 1234 apply with respect to all involuntary bankruptcy cases, regardless of whether or not the liability or the amount which is the object of the dispute.

Mr. GUTIERREZ

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

Mr. GUTIERREZ. Mr. Chairman, reclaiming my time, if there is no objection, I yield back the balance of my time.

Mr. GUTIERREZ. Mr. Chairman, I offer Amendment No. 2.

Mr. GUTIERREZ. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, this noncontroversial amendment changes the effective date on the involuntary bankruptcy provision of H.R. 975, also known as section 1234. My amendment is identical to language that was included in the corresponding provision, section 1233, of H.R. 5745.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Chairman, I move that the Committee do now rise.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, I ask unanimous consent that when the Committee of the Whole resumes its consideration of H.R. 975, that I be permitted to offer amendment No. 2 printed in House Report 107-42.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, today I am introducing the ``Federal Living Wage Responsibility Act of 2003,'' legislation to mandate a livable wage for employees under Federal contracts and subcontracts. Forty-eight representatives currently cosponsor this important legislation. Nearly a third of the members of the U.S. labor force work full-time, year-round and still do not earn enough to sustain a family above the poverty threshold of $18,400 per year for a family of four. Employees who work hard at full-time jobs should be paid a wage that assures they will not live in poverty. To address this problem, this Act requires that: Employees of Federal contracts or subcontracts of more than $10,000 be paid the greater of $8.85 per hour or the hourly wage necessary to reach the poverty level. Individuals hired by the United States government also receive a living wage, helping thousands of more workers to stay above the poverty level. Employees of Federal contracts or subcontracts and individuals hired by the United States government receive benefits such as medical or hospital care, vacation and holiday pay, disability and sickness insurance, life insurance and pensions. Although Congress passed laws such as the Davis-Bacon Act and the Service Contract Act to help ensure that employees of Federal contractors earn a decent wage, thousands of federal workers and federally-contracted workers still do not earn enough to support themselves or their families. This legislation will allow hard-working Americans to earn quality wages and to increase their savings for such essential needs as their retirement and their children's education. We believe the Federal government must take responsible, workable steps to reward working Americans and to help keep them out of poverty. This bill represents a practical step toward that goal. Mr. Speaker, I urge my colleagues to support this important legislation.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, today I am introducing a bill to help the more than 300,000 Americans who suffer from scleroderma. Scleroderma is a chronic, often progressive autoimmune disease in which the body's immune system attacks its own tissues. The disease manifests itself in two forms: localized scleroderma, effecting the skin and underlying tissue; and systemic scleroderma, also known as systemic sclerosis, a potentially life-threatening disease that attacks internal organs, including the lungs, heart, kidneys, esophagus and gastrointestinal tract. Scleroderma can vary a great deal in terms of severity. While for a few individuals it is merely a nuisance, for many it is a life- threatening illness. For most, it is a disease that affects how they live their daily lives. The wide range of symptoms and localized and systemic variations of the disease make it especially hard to diagnose. The average diagnosis is made five years after the onset of symptoms. Once diagnosed, however, people with Scleroderma can only look forward to symptomatic relief, as there is no known cure. Symptoms may include swelling, hardening and thickening of the skin, blood vessel spasms with severe discomfort in the fingers and toes, weight loss, joint pain, swallowing difficulties, nonhealing ulcerations on the fingertips and extreme fatigue. In its more advanced forms, Scleroderma can prevent patients from performing even the simplest tasks. Among the goals of my legislation is to help adequately fund research projects regarding Scleroderma; hold a Scleroderma symposium that would bring together distinguished scientists and clinicians from across the United States to determine the most important priorities in Scleroderma research; and to establish a national epidemiological study to better track the incidence of this disease. Mr. Speaker, I urge my colleagues to join me in bringing awareness and to help find a cure for this devastating disease.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, I was unavoidably absent from this chamber on January 27, 2003 and I would like the record to show that had I been present in this chamber, I would have voted ``yea'' on rollcall vote 13 and ``yea'' on rollcall 14. Also, I was briefly absent from this chamber on January 28, 2003 and missed voting on rollcall vote 15. I want the record to show that had I been present in this chamber, I would have voted ``no'' on rollcall vote 15. Motion to Recommit Offered By Mr. Obey

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, I rise today to announce the introduction of my bill, the ``U.S. Employee, Family Unity and Legalization Act'' or the ``U.S.E.F.U.L. Act.'' I am very pleased to reintroduce legislation that reflects the global reality of our economy and the migratory nature of the labor market. Today, more than ever, immigrants play a critical role in our country's well-being and competently fill voids in our workforce and add strength and stability to our society. My bill will help many immigrants realize their potential and our Nation's promise. Tax payers, home and business owners, parents and grandparents, neighbors and friends will no longer be forced to hide in the shadows of a country with a broken immigration system. The USEFUL Act will enable immigrants now in the country to become eligible for permanent residency if they have lived in the U.S. for at least 5 years, regardless of their current immigration status. My bill calls for an immediate revision of the ``date of registry'', a provision in current immigration law that allows people to apply for permanent resident status if they had entered the United States by a specific date. Updating the registry date has been a sensible practice of our nation's immigration policy since 1929, yet Congress has allowed the registry date to remain set at January 1, 1972. As a result, the historic and fair recognition of valuable contributions of long-term, law-abiding, tax-paying residents of the United States has been undermined. The 1972 registry date has essentially become obsolete. My bill would immediately update the registry date to January 1, 1998, thus granting legal status to any immigrant who can establish that he or she was living in the United States by that time. The registry date would then roll forward by one year at a time every subsequent year until 2009. Thus, my bill would eventually grant permanent residency to every immigrant who entered the United States by January 1, 2003. Some people might say that this legislation is bold, ambitious, and faces an uphill battle. I agree. This bill is all of those things, but it is also legislation that is sound, sensible, and will ultimately be successful. My proposal will not only benefit deserving immigrants who have adopted the United States as their home, but all people who rely on safe communities and a sound and sustainable economy. Immigrants are vital to the health and strength of a number of economic sectors, such as the agricultural, service and construction industries. Immigrants are also vital to the smooth running of our daily lives-- they educate our children, wash our dishes, mow our lawns, take care of our aging parents and grandparents, serve our food and clean our homes. If these workers are able enough, are responsible enough to care for our children, parents, and grandparents, should they not at least be afforded the benefits they have rightfully earned? A study highlighting the economic contributions of immigrants released just last month by the Center for Labor Market Studies at Northeastern University reported what many of us have understood for some time: Immigrant labor is absolutely essential to the health of the U.S. economy, both in terms of filling gaps in the labor market and expanding the nation's tax base. Despite the well-documented contributions of immigrants, some people still might say, in light of the attacks of September 11, that this is a bill whose time cannot come. I would strongly disagree. In fact, I would say that this bill is long overdue. We must not let our national security concerns cast a dark shadow over the importance and real contributions of immigrants to our country. We should not allow terrorists to destroy the hopes and quest for a better life that is inherent in each and every immigrant seeking a better life while making a considerable contribution to our workforce. Given the difficult lessons we learned from the tragedies of September 11th and our subsequent efforts to make this country safer for all of us, I would say we need this kind of bold immigration reform, like we have never needed it before. In fact, our national security demands it. We are all aware than an estimated 8 to 9 million undocumented immigrants live in this country. Imagine this community of people currently living in the shadows brought forward to live openly in our society as legal permanent residents. Imagine the relief it will provide to parents who, like the immigrants before them, came in search of a better life for their families. Imagine the relief of employers who depend on the work of these immigrants to keep their hotels, restaurants, factories, and businesses afloat. As a nation, we have committed immense resources to make our communities safer and to root out terrorists. Imagine our collective relief as Americans when we, alongside our immigrant friends who have come to build this Nation, are better able to focus our efforts on identifying and delivering justice to those that come to tear down this Nation. The United States has been and always will be a country of immigrants. I believe the USEFUL Act will go far toward easing the plight of long-term U.S. residents who, for all practical purposes are here to stay, but who under current immigration law remain vulnerable. Ultimately, we will all benefit from a stronger, more stable workforce. I also believe my bill will be extremely useful in our efforts to better secure the homeland and to protect us from future terrorist attacks. I urge my colleagues to help achieve needed immigration reform by supporting the USEFUL Act.

Mr. GUTIERREZ

Mr. GUTIERREZ. Mr. Speaker, today, I am introducing the ``Medically Accurate and Objective Sex Education Act,'' a bill that would require our schools to teach medically accurate and objective factual information as part of any sex education course. There has been an increase in the number of schools using curricula that provide medically inaccurate and misleading information. Some of these medical inaccuracies include calling condoms ``antiquated'' or citing failure rates as high as 70 percent, as well as giving, erroneous symptoms and outcomes of sexually transmitted diseases. Other specific examples of medically inaccurate information in current sex education courses include: A program indicating that the ``published condom failure rates for pregnancy prevention are between 10 and 30 percent.'' It has been documented that if used consistently and correctly, condoms are 98 percent effective in preventing pregnancies. A program incorrectly stating that Human Papilloma Virus (HPV) can only be passed through sexual intercourse. It has been documented that HPV can be passed through female-to- female genital sex. Without using statistics, one program concluded that ``infectious syphilis rates have more than doubled among teens since the mid- 1980s.'' However, the Centers for Disease Control and Prevention and the U.S. Department of Health and Human Services announced that ``the U.S. has a unique but narrow window of opportunity to eliminate syphilis while cases are still declining.'' Inaccurate information regarding contraception and STD/HIV prevention can make sex education both dangerous and counterproductive. Responsible sex education, by contrast, is an important component of a strategy to reduce unintended pregnancies, reduce the number of abortions and reduce STD incidence. The American Medical Association, the Institute of Medicine and the National Institutes of Health support the use of sex education that is medically accurate. Mr. Speaker, I urge my colleagues to join me in ensuring that sex education curricula contain accurate medical information that can help young people develop a healthy understanding of their sexuality, so they can make responsible and educated decisions throughout their lives.