Chris Smith

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Chairman, I offer an amendment.

Mr. SMITH of New Jersey. Mr. Chairman, I yield the balance of my time to the distinguished gentleman from Florida (Mr. Lincoln Diaz-Balart).

Mr. SMITH of New Jersey. Mr. Chairman, I yield 2 minutes to my good friend and colleague, the gentleman from California (Mr. Berman).

Mr. SMITH of New Jersey. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, section 3006 would make one of the most sweeping, unfair changes in immigration policy in the last decade and, if enacted, would pose life-threatening consequences for asylum seekers, trafficking victims, men, women and children. Section 3006 would radically alter existing law with respect to expedited removal, and it would mandate that any noncitizen found in the U.S. be summarily deported if an immigration officer determined that the person had not been inspected upon entry to the country and could not prove to the immigration officer that he or she had been living in the U.S. for more than 5 years. This mandate, Mr. Chairman, effectively transforms what was a discretionary program managed by Homeland Security and requires them to impose this procedure anywhere, including in the interior of the U.S. Section 3006 would be especially harmful for women and children who are escaping a range of gender-related persecutions such as rape, sexual slavery, trafficking and honor killings since persons scarred by such trauma often require time before they can step forward to express their claims. Mr. Chairman, section 3006 would provide for a super-expedited process of removing these people from the United States, with virtually no right of review, thus eviscerating protections that Congress has provided over the last several years for such victims in the Victims of Trafficking and Violence Protection Act which I was the prime sponsor of and is the law of the land. Mr. Chairman, I want all of my colleagues to know that President Bush, in his SAP which came out yesterday, made it very clear that he is against this provision. The Bush administration wants this out. I call on Members on both sides of the aisle, Democrats and Republicans, to vote for my amendment which would strip it. Also, there are some 40 organizations, the U.S. Catholic Conference of Bishops; National Association of Evangelicals; Refugees International; and Human Rights First--a whole array from the left, right, middle, and everywhere else, who say this is an unwarranted change, an unfair change in our immigration policy. It does not belong in here. The 9/11 Commission did not ask for it.

Mr. SMITH of New Jersey. Mr. Chairman, I offer an amendment.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, I am pleased to introduce today the Guard and Reserve Education and Training Act of 2004. GREAT would bring VA educational assistance opportunities for Guard and Reserve members--often referred to as the Selected Reserve--more in line with those of their active duty counterparts. In the post-9/11 environment, active duty and Guard/Reserve members often serve side-by-side as part of our Total Force concept. I believe it's an issue the Veterans' Affairs and Armed Services Committee can work on together because the Department of Veterans Affairs administers the program determining eligibility and pays educational assistance allowances. This year America celebrates the 60th Anniversary of the original World War II GI Bill. Due to the GI Bill, college enrollment grew dramatically. In 1947, GI Bill enrollees accounted for almost half of the total college population. In the decade following World War II, more than 2 million eligible men and women attended college using GI Bill educational benefits. The result was an American workforce enriched by 450,000 engineers, 238,000 teachers, 91,000 scientists, 67,000 doctors, 22,000 dentists and another million college-educated men and women. Indeed, the GI Bill is arguably our most successful program ever due to its profound effect on our economy and our workforce. In 1985, under the visionary leadership of our former Veterans' Affairs Committee Chairman, G.V. ``Sonny'' Montgomery, Congress designed the modern version of the GI Bill, fittingly now called the Montgomery GI Bill (MGIB). In Public Law 107-103, the Veterans Education and Benefits Expansion Act of 2001, Congress significantly increased MGIB purchasing power for veterans and servicemembers. I was privileged to author this legislation which increased the MGIB basic benefit from $672 to $800 per month in January 2002, to $900 in October 2002 and to $985 in October 2003--a 46 percent increase. These increases are the largest in the MGIB's remarkable history. With the annual cost of living increase for fiscal year 2005, the MGIB now pays $1,004 per month. GREAT would continue the progression of improvements to the MGIB by providing a greater benefit to our Guard and Reserve members. First, this legislation would increase the VA monthly educational assistance allowance rate for Guard/Reserve members from $288 to $400. When Congress first created the Montgomery GI Bill (MGIB)-Selected Reserve educational assistance program in 1985, it established the monthly benefit level at about 47 percent of the active duty rate. However, the education benefit rate for Selected Reservists has lagged significantly behind the original 47 percent figure. Today, the $288 per month that members of the Selected Reserve receive under chapter 1606 of title 10, United States Code, is only about 28 percent of the $1,004 per month that regular active-duty servicemembers receive under chapter 30 of title 38, United States Code. My proposed increase to $400 per month would be a first step to bring the Selected Reserve education benefit closer to the amount Congress envisioned when it initially created the MGIB. Second, GREAT would establish a new, higher benefit for Guard and Reserve members who have accumulated 180 days within a 5-year period of active duty service in a contingency operation since September 11, 2001. This new benefit would be equal to the benefit for servicemembers who enlist for 2 years of active duty and 4 years of Reserve duty--$816 per month. These Reservists and Guards members would not incur a $1,200 pay reduction to be eligible for the new benefit. In my view, the current pay reduction simply represents a kind of tax. The House did not originally contemplate such a pay reduction for either active duty or Selected Reserve members. In fact, the 1999 report of the bipartisan Congressional Commission on Servicemembers and Veterans Transition Assistance recommended that Congress repeal the $1,200 pay reduction. Third, to establish greater equity in the Selected Reserve and active duty educational assistance programs, my bill would allow beneficiaries to use entitlement during a 14-year period that would begin on the date of their last day of active duty, the same as the policy currently in effect for active duty servicemembers. This new, 14-year delimiting date would be available to members of the Selected Reserve on or after September 30, 2004. Currently, Selected Reserve members may use VA educational assistance benefits under the MGIB only while still serving in the Reserves. Finally, GREAT would give service branch secretaries the discretionary authority to allow Selected Reserve members to transfer any unused VA educational entitlement to dependents if the member has completed at least 20 years in the Reserves. Many Reservists are married and have families. My bill would furnish them an additional tool to finance a child or spouse's education or training to compete in the workforce. The Congressional Commission on Servicemembers and Veterans Transition Assistance also made this recommendation. I urge my colleagues to support this legislation. The role of Guard and Reserve members in our national defense has changed dramatically under the Total Force concept. Guard and Reserve members can be mobilized for up to 2 years. They often experience some of the same types of issues in transitioning from military to civilian life as do their active duty counterparts. My bill would help facilitate that transition through increased training opportunities in a highly competitive civilian economy. Further, my bill fundamentally acknowledges that Reserve component servicemembers who incur the same risks as other servicemembers in protecting our everyday freedoms indeed have earned a more comparable benefits package.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent to take from the Speaker's table the bill (H.R. 4175) to increase, effective as of December 1, 2004, the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans, and for other purposes, with a Senate amendment thereto, and concur in the Senate amendment.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, I am very pleased that today our amended version of S. 2292, the Global Anti-Semitism Review Act of 2004, is on the floor of the House for consideration. Senator Voinovich is to be commended for introducing and securing successful passage of S. 2292, as he is a tireless ally in our efforts to eradicate anti- Semitism. In support of his efforts, I introduced the House version, H.R. 4214, in April. Realizing now is the time to act, Senator Voinovich, Congressman Lantos and myself have since discussed ways to further strengthen the Global Anti-Semitism Review Act. Working in concert, we amended the text to add mechanisms to improve and strengthen the ability of our government to combat the evil of anti-Semitism. The amended version, Mr. Speaker, maintains the State Department report on global anti-Semitism envisioned by Senator Voinovich. This report will set a benchmark as to the individual records of countries around the globe. The report, due for release no later than November 15, 2004, will examine the number of acts of physical violence against Jews or vandalism of Jewish community institutions and government responses to such actions. In addition, the report will detail steps taken by governments to protect the religious freedoms of Jewish people and describe governmental efforts to promote anti-bias and tolerance education. Recognizing the role of media in encouraging anti-Semitic acts, the amended version also adds coverage of propaganda in government and nongovernment media that attempt to incite acts of violence against Jews. The importance of this issue was hammered home by James Tisch, Chairman of the Conference of Presidents of Major American Jewish Organizations, at a Helsinki Commission hearing on governmental responses to anti-Semitism in the OSCE region. He said: ``[T]he Arab man in the street . . . doesn't stand a chance of being anything but [fiercely anti-Semitic], considering the barrage of hatred and venom about Jews to which he is constantly exposed. This river of lies flows from his leaders, his newspapers and his television set. The Arab media and the governments that sponsor and tolerate this flood of poison are to blame. This isn't about politics; it's about an ocean of hatred.'' Mr. Speaker, we must push all governments to ensure their media are not adding fuel to the fire of anti-Semitism. By including coverage of domestic media, we make the one time global report on anti-Semitism more complete by exposing the source of an enormous amount of anti- Semitic vitriol. The amended version of S. 2292 is stronger in other ways, foremost by mandating the creation of the Office to Monitor and Combat Anti- Semitism in the State Department and creating the position of Special Envoy for Monitoring and Combating Anti-Semitism. A point person specifically tasked with focusing on anti-Semitism will increase our ability to respond quickly and effectively when incidents arise. In addition, the Special Envoy can be double-hatted with another position, thereby giving the Department flexibility in its appointment. The office will also be involved in the drafting of the appropriate sections of the human rights and religious freedom reports. Considering anti-Semitism plagues all regions of the world, this special office will ensure that the United States resolutely denounces acts of anti- Semitism whenever and wherever they occur. Concerning State Department reports, our amended version of S. 2292 will establish standards for the reporting on anti-Semitism when appropriate in the human rights and religious freedom reports. While our embassy staff labor tirelessly to ensure the human rights and religious freedom reports accurately cover the issue of anti-Semitism, I was concerned with the unevenness of reporting. The amendment will standardize coverage in the two reports, requiring the examination of: physical violence against Jews or vandalism of Jewish community institutions; propaganda in government and nongovernment media that attempt to incite acts of violence against Jews; governmental responses to violence or propaganda; governmental actions to enact and enforce laws relating to the protection of religious freedom of Jews; and governmental efforts to promote anti-bias and tolerance education. By setting forth criteria for the Department, it will aid our embassies in more thoroughly covering the issue of anti-Semitism and ensure it receives the attention it deserves. Again, I want to thank our leadership for making passage of this bill a priority. Their steadfast support, as well as the unwavering support from the Bush Administration, has greatly aided our efforts to fight anti-Semitism across the globe. The Senate bill was ordered to be read a third time, was read the third time, and passed, and a motion to reconsider was laid on the table.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. 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. 4175, as amended

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Chairman, I thank the gentleman for yielding me this time. Mr. Chairman, at the appropriate time, I intend to offer amendments to strike two provisions of H.R. 10, section 3006 and 3007, which, if enacted, would radically alter U.S. immigration law and put true refugees, bona fide refugees, at risk of injury or harm. My amendments are supported by approximately 40 religious, refugee and human rights organizations, including the Catholic Bishops Conference, Hebrew Immigrant Aid Society, Human Rights First, Boat People SOS, Refugees International, and many others. I want to point out to my colleagues that the Bush administration in its statement of administration policy, SAP, which I just received a few minutes ago, makes clear that the administration strongly opposes the overbroad expansion of expedited removal authority which is contained in the underlying bill. These sweeping changes that I would strike, Mr. Chairman, were not recommended by the 9/11 Commission nor have these provisions been sufficiently vetted and analyzed to fully understand their effect. What we do know is that section 3006 drastically alters and expands existing authority known as ``expedited removal'' and it could put hundreds of thousands of refugees at risk of immediate deportation. What we do know is that section 3007, among other things, replaces a clear, longstanding defined ``burden of proof'' standard for proving an asylum claim with a brand new unfair test that will almost certainly result in deportation regardless of merit. One might ask, what is wrong with expanding expedited removal? A lot. Expedited removal takes away the rights of legitimate asylum seekers to a fair hearing before the proper authorities. Tomorrow, we will take this up or perhaps later on tonight. I hope Members will support the amendments.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and pass the joint resolution (H.J. Res. 108) congratulating and commending the Veterans of Foreign Wars.

Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my time.

Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.J. Res. 108 which would congratulate and commend the Veterans of Foreign Wars on its 105th anniversary. Tracing its roots back to the Spanish-American war, the VFW is one of the Nation's oldest, largest and one of the most respected veterans service organizations. The VFW has a proud history of directly supporting America's veterans and their families. Over 100 full-time service officers work directly with veterans on claims for VA benefits and oversee VA's programs around the country as well. VFW's ``Buddy Poppy'' program is a symbol of their continuing tradition of caring for fellow veterans, and their community service programs have made VFW a valued partner for thousands of charitable and civic organizations around the country. Mr. Speaker, I can attest to the valuable contributions of the VFW's legislative specialists who continue to provide expert advice and counsel to help us develop State and national veterans priorities and policy. Over the past 4 years, I have had the privilege, and before that for 6 years as vice chairman of the committee and the last 4 as chairman, of working closely with numerous VFW leaders both on the national level and on the State level back in my home State of New Jersey. My colleagues and I have benefited from the candid advice of VFW's Executive Director Bob Wallace from New Jersey, Legislative Director Dennis Cullinan, and past Commanders in Chief Ed Banas, Ray Sisk and John Gwizdak. We also look forward to working with the new Commander in Chief John Furgess. I would also like to thank the leaders of the VFW in my home State of New Jersey, especially longtime leader and friend Mike Wysong. For the entire 24 years that I have served in Congress and on Committee on Veterans' Affairs, I have always been able to count on my State VFW leaders to lend their support and offer their ideas to help our State's veterans and also with national issues as well. Mr. Speaker, I urge Members to support this resolution. It is a fine one. Mr. Speaker, I reserve the balance of my time.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 195) expressing the sense of Congress that a minute of silence should be observed annually at 11:00 a.m. on Veterans Day, November 11, in honor of the veterans of all United States wars and to memorialize those members of the Armed Forces who gave their lives in the defense of the United States.

Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my time.

Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H. Con. Res. 195, legislation expressing the sense of Congress that a minute of silence should be observed annually at 11 a.m. on Veterans Day, November 11, in honor of the veterans of all United States wars and to memorialize those members of the Armed Forces who gave their lives in defense of our country. Mr. Speaker, this resolution recounts a particularly moving event from World War II. On February 3, 1943, a German U-boat torpedoed the American transport ship, the USAT Dorchester, sinking it off the coast of Greenland. Among the nearly 1,000 American soldiers aboard the Dorchester were four chaplains whose selfless acts of courage have left a distinguished legacy. The four chaplains, Reverend Fox, Rabbi Goode, Reverend Poling, and Father Washington worked to help save their fellow soldiers. They distributed life jackets until no more were available. Then the four chaplains removed their own life jackets and gave them to four other soldiers. True to their faiths and to their fellow men until the end, they were last seen arms linked in prayer on the hull of the ship as it went down. The sacrifice of the four chaplains stands as a testimony to all heroic veterans who have fought for the United States. A stained glass window on the third floor of the Pentagon's A-ring honors these brave Americans. Mr. Speaker, H. Con. Res. 195 would provide the people of the U.S. with an opportunity to honor the veterans of all the United States wars and to memorialize those members of the Armed Forces who gave their lives in defense of our Nation. Mr. Speaker, I reserve the balance of my time.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my time.

Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4658) to amend the Servicemembers Civil Relief Act to make certain improvements and technical corrections to that Act, as amended.

Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise again in strong support of H.R. 4658, as amended, the Servicemembers and Veterans Legal Protections Act of 2004. This measure has a number of important provisions for servicemembers, veterans and their dependents. H.R. 4658, as amended, would further strengthen the Servicemembers Civil Relief Act that was enacted just last year and signed by President Bush. There were several new issues that arose while we were considering that legislation, but their solution required further research and discussion. That discussion led to this legislation. Most significantly, the bill would clarify that the Servicemembers Relief Act's lease termination protection under section 305 applies to military dependents who are on joint leases with servicemembers. This has always been the intent of Congress, but some landlords have recently tried to argue there is a loophole, leaving the servicemember's spouse liable if the servicemember is relieved from liability under the lease. That was pointed out most definitively in an oversight hearing we held very recently. H.R. 4658 would make several other improvements to the SCRA, including strengthening protections relating to waivers of servicemembers rights. Additionally, it would provide motor vehicle lease termination protections for servicemembers stationed in Alaska and Hawaii. Mr. Speaker, under title II of 4658, this title would strengthen the Uniformed Services Employment and Reemployment Rights Act, or USERRA, the law which protects the jobs and employment benefits of Guard and Reserve members who are called to active duty. I want to highlight the major provisions for my colleagues. The bill would increase from 18 to 24 months the maximum period of employer-sponsored health coverage during active military service to reflect the longer deployments of Guard and Reserve members. It would also establish a 3-year demonstration project at the U.S. Office of the Special Counsel to improve enforcement of the act in cases involving Federal executive branch employees. Additionally, the bill contains a requirement for employers to provide notice to employees of their rights. Title III of the bill would make a number of changes to strengthen the program which authorizes benefit payments to fiduciaries of veterans unable to manage their financial affairs. It would require greater scrutiny by VA fiduciaries to make fiduciaries subject to civil penalties for misuse of a veteran's assets. Mr. Speaker, this measure would also require the Secretary of Veterans Affairs to establish an inventory of medical waste management activities in the VA, and to assess what methods of medical waste disposal are desirable from an environmental perspective. He would then report to Congress on plans to modernize or improve the management of medical waste and disposal programs. Mr. Speaker, I urge support of the bill. Mr. Speaker, I reserve the balance of my time.

Mr. SMITH of New Jersey. Mr. Speaker, I yield myself 1 minute. I want to thank the gentleman from Maine (Mr. Michaud) for his leadership on this legislation as part of the Benefits committee and the gentleman from Illinois (Mr. Evans) as well. Again, this and the bill that was passed and signed by the President last year was a historic rewrite and expansion of the Servicemembers Relief Act, as we called it. It is a rewrite of the old Soldiers and Sailors Relief Act first enacted back in 1940. It provided significant upgrades and made for consistency and uniformity across the country when it came to adjudicating the protections for our servicemen who are deployed overseas. This is especially important to so many Guard and Reserve now serving so ably and so honorably in Iraq as well as in Afghanistan. I also want to say that I deeply regret the loss of the newborn provision. As my colleagues might recall, I worked with my good friends on the other side of the aisle and on our side to put that in. We will be back hopefully and we can regain that sometime in the future. But I do thank him for bringing that up.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4248) to amend title 38, United States Code, to extend the authority of the Secretary of Veterans Affairs to make grants to expand or modify existing comprehensive service programs for homeless veterans, and for other purposes, as amended.

Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume, and I rise in strong support of H.R. 4248, as amended, the Homeless Veterans Assistance Act of 2004. I point out to my colleagues that this legislation builds on the historic law signed by President Bush, the Homeless Veterans Assistance Act of 2001. I also want to point out to my colleagues and remind them that as we wrote those provisions and held several hearings to ascertain the need, the best practices, the policies that are more likely to work to try to mitigate the problem of homelessness, all of us, on both sides of the aisle, were utterly struck by the large number of veterans who were indeed homeless. The number that seemed to be most accurate at the time was something on the order of 275,000 homeless veterans on any given night. Many of these men, some are women, but most are men, had post- traumatic stress disorder or some problem with alcohol or drugs or both or all three. We decided working with the VA, working with the NGOs, with the VSOs, Veterans Service Organizations, and others, to devise legislation that would comprehensively try to mitigate and hopefully end this terrible problem of homelessness among our veterans. The good news is that the number, and it is still unconscionably high, has dropped precipitously over the last several years since enactment of the law. Secretary of the Committee on Veterans' Affairs, Tony Principi, testified at the beginning of this year that he believes that the number has dropped to about 200,000. Still too high, but far less than the 275,000, again, on the streets on any given night. The legislation we have before us is a bipartisan piece of legislation, and I want to thank my good friend, the gentleman from Illinois (Mr. Evans), who has played a key role in working with us on this. I also want to thank the gentleman from Texas (Mr. Rodriguez), who has also played a very important role, and the gentleman from Connecticut (Mr. Simmons), the chairman of our Subcommittee on Health, and all of the Members who have tried to contribute to make this an important piece of legislation. Let me point out to my colleagues specifically on the legislation that the VA's Homeless Grant and Per Diem program is authorized to provide competitive grants to community-based, including faith-based, organizations that offer transitional housing or service centers for homeless veterans. This program has proven to be the most economical, flexible, and innovative method to provide time-limited or transitional housing with supportive services for homeless veterans in all 50 States and the District of Columbia. Over 6,000 transitional housing beds are now available to veterans through the grant and per diem program. In 2003, 66 percent of the veterans discharged from these programs were discharged to either independent housing or residential program housing, and 43 percent of all treatment episodes were documented as successful. This successful rate is the highest combined level of success ever achieved and ever recorded and remarkable, given the serious psychiatric disorders or substance abuse problems that often challenge recovery for homelessness. The current authority for the grant and per diem program expires on September 30, 2005. In testimony before the Subcommittee on Health earlier this year, however, the administration stated that the total amount of grants made under this program was expected to exceed the current $75 million authorization in fiscal year 2005. To meet this growing demand for services for homeless veterans, the President's budget proposal requested an increase in the authorized level from $75 million to $100 million for the 4 years. Section 2 of H.R. 4248, as amended, would increase the authorization to $99 million for 2005. It will be up to the next Congress to extend the authorization beyond its September 30 expiration date. Mr. Speaker, in 2003, the VA reported that more than 31,000 males and 27,000 female veterans responded to relevant screenings indicating unwanted sexual experiences that occurred during their military service time. Under current law, the authority to provide sexual trauma counseling for eligible veterans expires on December 31 of this year. H.R. 4248, as amended, would recognize the continuing need for these programs within the VA by permanently authorizing the counseling and treatment authority. Mr. Speaker, I want to thank all the Members again who have worked on this. Mr. Speaker, I reserve the balance of my time.

Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my time.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, I rise to urge passage of H.R. 854, the Belarus Democracy Act. With important parliamentary elections in Belarus scheduled for October 17, it is essential that we pass the Belarus Democracy Act. This Congress must demonstrate its strong support for pro-democracy forces in Belarus and advance U.S. interests in the region. Now is the time to send a strong signal. Since his election in 1995, Belarusian dictator Alexander Lukashenka has steadily undermined democratic institutions through a series of unfair elections and a seriously flawed constitutional referendum. The U.S. State Department, Helsinki Commission which I Chair, as well as the OSCE, the OSCE Parliamentary Assembly, the United Nations, the Council of Europe, the European Union and other international entities have all chronicled the appalling state of human rights and democracy there. Located in the heart of Europe, Belarus is juxtaposed to our NATO allies and will soon border the European Union. The Lukashenka regime has repeatedly violated basic freedoms of speech, expression, assembly, association and religion. Since I introduced the Belarus Democracy Act last year, the situation in Belarus has only become more difficult. Just within the last few months, the independent media, non- governmental organizations (NGOs), independent trade unions, religious groups, and democratic opposition leaders have faced increased harassment, arrest, detentions, and even violence. Opposition leaders have been imprisoned and beaten. NGOs have been closed down with increasing frequency. Independent media outlets continue to feel the wrath of the powers-that-be, including closures, defamation lawsuits, exorbitant fines, confiscations of newspapers or the suspension of their distribution, censorship and the deportation of an independent journalist from Ukraine who had lived in Belarus since 1990. Independent trade unions are subject to a pattern of obstruction, harassment and intimidation by the authorities. In short, the situation in Belarus continues its downward spiral with daily reports of growing repression and human rights violations. Here in Washington and at various OSCE Parliamentary Assembly meetings, I've had occasion to meet with the wives of the disappeared. The cases of their husbands--Yuri Zakharenka, Victor Gonchar, Anatoly Krasovsky, and journalist Dmitri Zavadsky who disappeared in 1999 and 2000 and are presumed to have been murdered--are a stark illustration of the climate of fear that pervades in Belarus. I am pleased that just last week the United States, together with the European Union, has decided to restrict admission to four top Belarusian officials implicated in these politically motivated disappearances. Reports of arms and weapons deals between the Belarusian regime and rogue states continue to circulate. Lukashenka and his regime were open in their support of Saddam Hussein. On August 24, the Treasury Department charged that Infobank of Belarus has been involved with money laundering involving fraudulent transactions pertaining to Iraq, where funds laundered by Saddam Hussein's regime were derived from schemes to circumvent the UN Oil-for-Food program. provisions of BDA Mr. Speaker, the main purpose of the BDA is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the onerous pressures they face from the anti-democratic regime. This bill authorizes necessary assistance for democracy-building activities such as support for NGOs, independent media--including radio and television broadcasting to Belarus--and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards--in sharp contrast to the 2000 parliamentary and 2001 presidential elections in Belarus which flaunted democratic standards. As a result of those elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to its self-imposed isolation. Parliamentary elections now have an added dimension, with Lukashenka's September 7 announcement of a referendum to take place on the same day, that would pave the way to extend his rule beyond 2006, when his tenure is due to expire, to potentially join the ranks of ``presidents for life'' like President Niyazov in Turkmenistan and others in Central Asia. As matters stand now, the deck appears to be stacked in Lukashenka's favor, as the Belarusian Government has almost total control of the electoral process. Opposition parties have been allocated a negligible percentage of seats on district and precinct election commissions, and many candidates proposed by Belarusian democratic opposition parties have been denied registration. To their credit, the embattled opposition and non-governmental organizations have not given up. I have met with the leaders of the Belarusian opposition and have been impressed with their determination to participate in the coming elections and their courageous work to advance democracy, human rights and the rule of law, despite all of the obstacles placed in their way by the Lukashenka regime. In addition, this bill includes ``sense of Congress'' language that would impose sanctions against the Lukashenka regime. U.S. Government financing would be prohibited, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. This bill also requires reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states and on the personal assets and wealth of Lukashenka and other senior leadership in Belarus. I hope that the Belarus Democracy Act will help support those who desire a genuinely independent, democratic Belarus and serve as a catalyst to facilitate Belarus' integration into democratic Europe. The measure is designed to be a counterweight to the pattern of clear, gross and uncorrected human rights violations by the Lukashenka regime. The Belarusian people--who have suffered so much both under past and present dictatorships--deserve to live in a society where democratic principles and human rights are respected. We must stand firmly on the side of those who long for freedom.

Mr. SMITH of New Jersey

Mr. SMITH of New Jersey. Mr. Speaker, I am very pleased that the House moved to the timely consideration of H. Con. Res. 415, which calls upon the government of Ukraine to ensure a democratic, transparent and fair election process for that country's presidential elections that are about to take place on October 31. As chairman of the Helsinki Commission, I join the gentleman from Illinois (Chairman Hyde) in sponsoring this important resolution. H. Con. Res. 415 makes clear the expectation that Ukrainian authorities should, consistent with their own laws and international agreements, ensure an election process that enables all of the candidates to compete on a level playing field. International attention, Mr. Speaker, is now rightly focused on ensuring free, fair, open and transparent presidential elections on October 31, with a second round likely on November 21. These elections are critically important to the future of Ukraine, yet we see on a daily basis an election campaign that seriously calls into question Ukraine's commitment to OSCE principles. Without exaggeration, Ukraine is facing a critical election, a choice not only between Euro-Atlantic integration versus reintegration into the former Soviet Eurasian space, but a choice between further development toward a European-style democracy, such as in Poland or Hungary, versus the increasingly authoritarian system that prevails in Russia today. Unfortunately, the pre-election environment in Ukraine gives great cause for concern. Ukrainian voters clearly are not receiving balanced and objective information about all of the candidates in the race. Ukraine's state-owned television channels are heavily biased against the democratic opposition candidate, Viktor Yushchenko, who is leading in the polls nevertheless. Independent media providing Ukrainians with objective information about the campaign, including channel 5, are being shut down in various regions. Journalists who do not follow the secret instructions from the presidential administration, it is called temnyky, are harassed and even fired. Given the stakes in these elections, Mr. Speaker, we should not be surprised that the ruling regime has launched an all-out campaign against the free media and against the opposition, the most recent of numerous examples being the highly suspicious poisoning of Viktor Yushchenko. In addition, numerous obstacles to a free and fair political campaign have been placed by the national authorities, including intimidation of citizens, candidates and campaigns, the harassment of citizen expressions of political views, and the illegal use of State resources to promote the candidacy of Prime Minister Viktor Yanukovich. Equal conditions for candidates, including unimpeded access to media, and an end to the intimidation and harassment of candidates and citizens must be provided during the remainder of the presidential campaign and will be key in determining whether or not the Ukrainian presidential elections will be judged as free and fair by the OSCE and the international community. The elections will be a watershed for the future direction of that country. Ukraine has tremendous potential. An independent, democratic Ukraine where the rule of law prevails is vital to the security and stability of Europe. Ukrainian authorities need to radically improve the election environment, however, if there is to be hope for these elections to meet those standards. Mr. Speaker, this resolution urges the Ukrainian government to guarantee freedom of association and assembly, and it is not guaranteed now; ensure full transparency of the election process; free access for Ukrainian and international election observers; and unimpeded access by all candidates to the media on a nondiscriminatory basis. I urge all Members to support this.