F. Sensenbrenner

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Madam Speaker, I thank the gentleman from Nebraska for yielding me the time, and I rise today in support of the resolution calling for disarmament by Iraq and authorizing the President to use force to protect America from the threats posed by Saddam Hussein. It has often been said that those who do not remember history are condemned to repeat it. Today, by passing this resolution, we are showing that we have learned the lessons of World War II and September 11 and that we are committed ourselves to ensuring that those horrors are not repeated. After World War I, the international community came together to form the League of Nations in order to resolve international conflicts without war. Stiff requirements were placed on Germany to ensure that it could no longer pose a threat to its neighbors; but when Adolph Hitler came to power and began testing the world's resolve, he was only met with appeasement, allowing Hitler to build his military and his territory. The appeasers of the 1930s were content to receive paper agreements for peace and stability from the German dictator, and when those agreements were shredded by Hitler's words and his actions, the international community refused to enforce its own agreements. Only when Hitler brutally invaded Poland and launched World War II, did the world finally realize his true intentions and take stock of the enormity of the failure of appeasement; and to defeat him, 30 million people died. After the failures that led to World War II, the United Nations was formed in an attempt to fulfill the worthy ambitions of the League of Nations. Today, the U.N. is facing a stern test of its resolve by another dictator. The U.N. has placed stiff mandates on an Iraqi dictator who has shown a thirst for more territory, more power, more deadly weaponry, no matter how horrific. Just as in the past, today's dictator has violated agreement after agreement, 16 U.N. resolutions by my count. Now, by passing this resolution, Congress is showing that we have learned the lessons of history. We will enforce our international agreements, and we will not allow rogue dictators to bring about the deaths of thousands or millions of Americans and others by our inaction. I commend the President for recognizing the need for this resolution. By passing this resolution, Congress will show that the U.S. speaks with one voice to counter the threat posed by Iraq. Further, we will send a message to the United Nations that failure to enforce its international agreements will only lead it down a path of irrelevance and ineffectiveness that the League of Nations went down over 60 years ago. This is not a resolution that must lead to war. It rightly calls first for disarmament through diplomacy and inspections. These efforts alone could bring more security to the world and could prevent conflict if Saddam Hussein cooperates fully with the demands laid out before him by the Congress, the President, and the United Nations; but if disarmaments through diplomacy and inspections fails, and it can only fail at Saddam Hussein's own choosing, this resolution shows that Congress and America have the resolve to protect those who live in freedom from the dangers of tyrants. I urge my colleagues to support the resolution.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Chairman, will the gentleman yield?

Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent for the immediate consideration of the concurrent resolution (H. Con. Res. 503) directing the Clerk of the House of Representatives to correct the enrollment of the bill H.R. 2215.

Mr. SENSENBRENNER

Mr. SENSENBRENNER. 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 bill, H.R. 5422, currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5422) to prevent child abduction, and for other purposes, as amended.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, children today are more at risk than ever to falling prey to sexual predators. Sexual exploitation of children, a prime motive for kidnapping, is on the rise. When it comes to abduction, rape and murder of children, the United States must have a zero tolerance policy. Our children are not statistics, and no level of abductions is acceptable. H.R. 5422, the Child Abduction Prevention Act of 2002, will send a clear message that child abductors will not escape justice. This legislation strengthens penalties against kidnapping, subjects those who abduct and sexually exploit children to the possibility of lifetime supervision, aids law enforcement to effectively prevent, investigate and prosecute crimes against children, and provides families and communities with immediate and effective assistance to recover a missing child. An abducted child is a parent's worst nightmare. We must ensure that law enforcement has every possible tool necessary to try and recover a missing child quickly and safely. Prompt public alerts of an abducted child could be the difference between life and death for that innocent victim. To accomplish this, H.R. 5422 establishes a national AMBER Alert program to expand the child abduction communications warning network throughout the United States. For those individuals that would harm a child, we must ensure that punishment is severe and that sexual predators are not allowed to slip through the cracks of the system to harm other children. To this end, the legislation provides a 20-year mandatory minimum sentence of imprisonment for nonfamilial abductions of a child under the age of 18, lifetime supervision for sex offenders, and mandatory life imprisonment for second-time offenders. Furthermore, H.R. 5422 removes any statute of limitations and opportunity for pretrial release for crimes of child abduction and sex offenses. Those who abduct children are often serial offenders who have actually been convicted of similar offenses. Sex offenders and child molesters are four times more likely than any other violent criminals to recommit their crimes. This number demands attention, especially in light of the fact that a single child molester on average destroys the lives of over 100 children. In response, H.R. 5422 provides judges with the discretion to impose lifetime supervision of such offenders. The bill also fights against an industry supporting one of the fastest growing areas of international criminal activity. The sex tourism industry obtains its victims through kidnapping and trafficking of women and children. These women and children are then forced into prostitution. The bill addresses this problem. Passage of this legislation also increases support for the National Center for Missing and Exploited Children, the Nation's resource center for child protection. The center assists in the recovery of missing children and raises public awareness on ways to protect children from abduction, molestation, and sexual exploitation. H.R. 5422 doubles the Federal funds for the center to $20 million by 2004 in recognition of its important role in these efforts to prevent child abductions. Many of the provisions of H.R. 5422 previously passed the House in separate bills with tremendous bipartisan support. This legislation deserves the same support. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, just because the other body has not taken up a bill that has overwhelmingly passed this body is no reason why we should turn our back on trying to get it through in another method. I believe that all of the provisions of this bill are very meritorious. I intend to ask for a rollcall, and I think that most of the Members of this body will agree.

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

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass Senate bill (S. 2690) to reaffirm the reference to one Nation under God in the Pledge of Allegiance, as amended.

Mr. SENSENBRENNER. 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 S. 2690, the Senate bill currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, Senate 2690 would amend section 4 of title 4 of the U.S. Code to reaffirm the text of the Pledge of Allegiance, including the phrase, ``one Nation under God,'' and section 302 of title 36 to reaffirm the text of the national motto, ``In God we trust.'' It is an accepted legal principle that government acknowledgment of the religious heritage of the United States is consistent with the meaning of the establishment clause of the first amendment. The U.S. Supreme Court has repeatedly affirmed this principle in its rulings. Yet, on June 26, 2002, a three-member panel of the United States Court of Appeals for the Ninth Circuit held unconstitutional, in Newdow v. U.S. Congress, a California school district's policy and practice of teacher-led voluntarily recitation of the Pledge of Allegiance, concluding that the use of the phrase ``one Nation under God'' violates the establishment clause of the first amendment. The Newdow ruling is troubling because its analysis to reflect a belief that any religious reference presents an inherent danger to individuals who hear it, the result of which would be the banishment of all such references from the public arena. Clearly, this is inconsistent with any reasonable interpretation of the establishment clause of the first amendment. Thus, it has become necessary for Congress to reaffirm its understanding that the text of both the Pledge and our national motto are legally and historically consistent with a reasonable interpretation of the first amendment. Immediately following the Newdow ruling, on June 27, 2002, the House of Representatives passed House Resolution 459, which I introduced, expressing the sense of the House that the Newdow case was erroneously decided by the Ninth Circuit and that the court should agree to rehear the ruling en banc. H. Res. 459 passed the House of Representatives by a 416-3 vote. By passing Senate 2690, the House will join the Senate in reaffirming its commitment to our Nation's pledge and motto and also reaffirm that the myriad of ways in which Federal, State and local governments acknowledge America's religious heritage and its consistency with both historical practice and legal precedent. I urge Members to support this legislation. Mr. Speaker, I reserve the balance of my time.

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

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

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4561) to amend title 5, United States Code, to require that agencies, in promulgating rules, take into consideration the impact of such rules on the privacy of individuals, and for other purposes.

Mr. SENSENBRENNER. 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 bill currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 4561, the Federal Agency Protection of Privacy Act. Throughout my tenure as chairman of the Committee on the Judiciary, I have worked to strike a proper balance between laws designed to preserve the safety and security of Americans and those which needlessly compromise our civil liberties. The Federal Agency Protection of Privacy Act helps preserve this balance. H.R. 4561 requires that rules noticed by Federal agencies for public comment under the Administrative Procedure Act be accompanied by an initial privacy impact assessment which explains how the proposed rule will affect personal privacy. The issuing agency would then receive public views on the privacy impact of the proposed rule and issue a final privacy impact analysis which explains how the Federal agency will obtain, utilize, and safeguard personally identifiable information. Importantly, the bill contains a judicial review provision to ensure that Federal agencies adhere to its requirements. In this respect H.R. 4561 mirrors regulatory enhancements to the Regulatory Flexibility Act, which require Federal agencies to consider the potential impact of proposed legislation and regulations on small businesses. Furthermore, unlike existing Federal statutes which protect against the unauthorized disclosure of personal information obtained by the Federal Government, the Federal Agency Protection of Privacy Act prospectively ensures that Federal agencies consider the privacy impact of proposed rules before they become binding Federal regulations. This bill reflects a spirit of commitment to privacy rights by providing the American public a mechanism which simply requires an agency to give advanced notice and opportunity to comment on how rules issued by Federal agencies will affect their personal privacy. As such, it reaffirms our fidelity to the fundamental civil liberties cherished by all Americans. Mr. Speaker, this measure enjoys broad bipartisan support on the Committee on the Judiciary and is endorsed by as diverse a group of organizations ranging from the American Civil Liberties Union to the National Rifle Association. I urge my colleagues to support the bill. Mr. Speaker, I reserve the balance of my time.

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

Mr. SENSENBRENNER

Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5469) to suspend for a period of 6 months the determination of the Librarian of Congress of July 8, 2002, relating to rates and terms for the digital performance of sound recordings and ephemeral recordings, as amended.

Mr. SENSENBRENNER. 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. 5469, the bill currently under consideration.

Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the 1995 Digital Performance Right and Sound Recording Act that created a performance right in sound recordings for digital transmissions did not specifically address the issue of webcasting or Internet radio broadcasts. As a result, the 1998 Digital Millennium Copyright Act contains provisions that authorize eligible webcasters to accept a compulsory license, thereby enabling them to operate over the Internet without negotiating licenses in the marketplace. A compulsory license essential allows an individual or entity to use copyrighted works like music and movies at an industry-negotiated or government- mandated rate. Because webcasters and members of the recording industry could not agree to a rate, a statutorily authorized arbitration panel, called a CARP, was convened at the U.S. Copyright Office to determine what the rate would be. The arbitrators issued a decision on February 20, 2002. The copyright holders in the recording industry thought that the rate was too low, and the webcasters thought that the rate was too high. Pursuant to his authority under the Copyright Act, the Librarian of Congress, based upon a recommendation by the Register of Copyrights, decided on June 8 to reject the suggestions of the webcasting CARP. On June 20, he issued a final decision which lowered the rate further. Some webcasters believe that the rate is still excessive. The copyright holders maintain that this lower rate is even less reflective of a fair market standard. That decision is now on appeal to the United States Court of Appeals for the District of Columbia circuit. Although a resolution to this dispute is legally in play, implementation of the decision by the Librarian takes effect on October 20 and is retroactive to 1998. Unless Congress acts, some webcasters will shut down. This explains the point of H.R. 5469 as originally drafted: to suspend the implementation of the Librarian's decision for 6 months, effective October 20. This delay would ensure that all parties would receive all of the judicial process to which they are entitled under the law before the rate took effect. I am happy to report that introduction of this bill placed a burr under the saddle of both the copyright holders and the small webcasters to conclude negotiations on these matters that began last summer. Since last week, the parties have negotiated around the clock. They have now arrived at a deal that sets new rates and payment terms that will obviate the need for further legal and administrative intervention. The manager's amendment simply codifies the terms of that deal. Mr. Speaker, this solution is fair to both sides, the small webcasters as well as the copyright holders. It dovetails with the purpose of the Copyright Act in these cases, that is, to encourage parties to develop their own agreements governing rates and terms. I am happy to report that the parties have agreed today, as evidenced by the manager's amendment. I urge my colleagues to support the bill. Mr. Speaker, I reserve the balance of my time.

Mr. SENSENBRENNER. Mr. Speaker, will the gentleman yield?

Mr. SENSENBRENNER. Mr. Speaker, I am happy to engage in a colloquy with the gentleman.

Mr. SENSENBRENNER. Yes, that is my understanding.

Mr. SENSENBRENNER. If the gentleman will yield further, that is also my understanding.

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