Religious Workers Act of 2003

Mr. President, I rise today to re-introduce legislation critical to helping victims of identity theft. This legislation, the Identity Theft Victims Assistance Act, passed the Senate by unanimous consent in the 107th Congress, and I look forward to its passage again this Congress. Last year, the legislation had strong bipartisan support, as evidenced by the fact that Senator Mike Enzi is cosponsoring it again. The bill has broad support from law enforcement, consumers' groups, and privacy advocates. Last year, the National Center for the Victims of Crime, the Fraternal Order of Police, Consumers Union, Identity Theft Resource Center, U.S. Public Interest Group, Police Executive Forum, Privacy Rights Clearinghouse, and Amazon.com supported the bill. Twenty-two State Attorneys General signed a letter supporting the legislation.

Identity theft is the fastest-growing crime in the country. The Federal Trade Commission found that complaints of identity theft increased 87 percent between 2001 and 2002, and over 161,000 complaints were received by the agency last year. A July 2003 study by Gartner Inc. found that there was a 79-percent increase in identity theft in

the past year alone. Identity theft now accounts for 43 percent of consumer fraud complaints and leads the list of consumer frauds. It is an insidious crime because it often occurs without the victim's knowledge, yet leaves scars on their credit records and reputations that can last for years, and cost thousands of dollars to repair.

The Secret Service has estimated that consumers lose $745 million to the problem each year, and this number is clearly growing as the number of identity thefts increases. When a victim realizes that his or her identity was stolen it's just the beginning of their troubles. The FTC estimates that it costs the average victim $1,000 in long-distance phone calls, notary charges, mailing costs and lost wages to get his or her financial life back in order after an identity thief strikes. The Identity Theft Resource Center estimates that average identity theft victims spend 175 hours to clear their records.

But the costs are not confined to consumers--identity theft hits businesses and the economy, too. Identity theft-related losses suffered by MasterCard and Visa jumped from $79.9 million in 1996 to $144.3 million in 2000. One study estimates that by 2006 identity theft will cost the financial institution sector alone $8 billion per year.

To take just one of many examples from my state, Jenni D'Avis of Mill Creek, Washington, had her Social Security number stolen when a thief took her mail and found the number listed on a letter from her community college. The criminal used the number to obtain a state identification card, and in turn used that to get credit. In just 23 days, the thief ran up $100,000 in bad debt--all in Jenni's name. Once she became aware of the problem, she had to become a ``Nancy Drew,'' and track down information. Businesses were reluctant to give her the information she needed to determine the extent of the problem and clear her name and credit record. She is still repairing the damage.

Sadly, Jenni's story is not unique. Victims of identity theft have difficulty restoring their credit and regaining control of their identity, in part, because they have no simple means to show creditors and credit reporting agencies that they are who they say they are. In order to prove fraud, a victim often needs copies of creditors records, such as applications and information, and records from the companies the identity thief did business with. Ironically, victims have difficulty obtaining these business records because the victim's personally identifying information does not match the information on file with the business.

This bill fixes that problem. The Identify Theft Victims Assistance Act creates a standardized national process for a person to establish he or she is a victim of identity theft for purposes of tracing fraudulent credit transactions and obtaining the evidence to repair them. It requires the Federal Trade Commission to make available a simple certificate that, when notarized, provides certainty to businesses and financial institutions that the person is who they claim to be, is a victim of identity theft, and has filed claims with both local law enforcement and the FTC. With this document in hand, the victim can then obtain from businesses the records they need.

The need for a national system is readily apparent, as identity theft is increasingly a crime that crosses State lines. One of the greatest challenges identity theft presents to law enforcement is that a stolen identity is used to create false identities in many different localities in different states. Although identity theft is a federal crime, most often, state and local law enforcement agencies are responsible for investigating and prosecuting the crimes. Yet law enforcement has yet to fully recognize the serious nature of the problem or to develop a coordinated investigative strategy. For example, in the case of Michael Calip of Centralia, Washington, identity thieves not only ran up $60,000 in debts, they also committed crimes using his name--trashing his credit record and creating a criminal record. Michael tracked the thieves to Wyoming, but had difficulty convincing local authorities there to pursue his case.

My bill for the first time also permits a victim to designate the investigating agency, either local or State law enforcement or Federal investigators, to act as their agents in obtaining evidence of identity theft. This both eases the burden on the victim and aids police in investigating suspected identity theft rings. In addition it requires the existing Identity Theft Coordinating Committee to consult with State and local law enforcement agencies.

Acquiring the evidence of the fraudulent use of identity currently can be an enormous and time-consuming problem for victims. The Identity Theft Victims Assistance Act makes this job easier by establishing that any business presented with the FTC certificate identifying the person as a victim of identity theft, together with a police report and a government issued photo ID must deliver copies of all the financial records that document the fraud to the victim within 20 days. This is a critically important change from current law because it guarantees that victims will be able to obtain the evidence they need while also providing businesses more certainty that they are not violating someone's privacy or providing sensitive information to the wrong parties. It also provides new liability protections for businesses that make a good faith effort to assist victims of identity theft.

Of course, the greatest harm to consumers victimized by theft of their identity is often a bad credit rating or a poor credit score that results from fraudulent use of the consumer's identity. According to the FTC, it often takes about a year for people to discover someone is using personal information for fraudulent purposes, allowing significant damage to otherwise stellar credit records. Even after a consumer reports to a credit reporting agency that they have been victimized by identity theft, the consumer often can not get the reporting agencies to block reporting of activities that resulted from the identity theft.

My bill again requires that presentation of the FTC certificate, police report and photo identification establish that the person is in fact a victim of identity theft and requires credit-reporting agencies to block information that appears on a victim's credit report as a result of the identity theft. It also changes current law that requires individuals to bring suit against a credit reporting agency within two years from the time the agency commits a violation of laws on fair reporting of credit. This makes little sense, since it may be years before a misrepresentation comes to the attention of a victim of identity theft. The bill requires that the statute of limitations begin ticking from the time when a consumer discovers or has reason to know that a misrepresentation by a credit reporting agency has occurred.

The bill leaves in place State laws that are more stringent and provides that either Federal prosecutors or State Attorney Generals may enforce this law.

Jenni and Michael's stories illustrate the unique problems victims of identity theft face. Although penalties exist for identity thieves, no remedies are available for their victims. The scope of the problem is made worse because it's too easy for a criminal to steal someone's identity and cause serious harm before the theft is even discovered. And when these criminals cross state lines, it can be even harder for victims to trace the problem and repair the damage. For these reasons, it's imperative that we pass federal legislation for the victims of identity theft.

The government, creditors and credit reporting agencies have a shared responsibility to assist identity theft victims mitigate the harm that results from frauds perpetrated in the victim's name. We need to build up the law enforcement network, already started by the Federal Trade Commission and other federal agencies under the Identity Theft and Assumption Deterrence Act of 1998. We need to further improve law enforcement coordination, particularly between the various local and state jurisdictions combating identity theft and the associated crimes.

We also need to provide better and timelier information to businesses so they can head off fraud before it happens. That is why my bill also expands the jurisdiction of the interagency coordinating committee established under the Internet False Identification Act of 2000. Currently, the coordination committee has the mandate to study

and report to Congress on federal investigation and enforcement of identity theft crimes. The Identity Theft Victims Assistance Act broadens the mandate for the coordinating committee to consider state and local enforcement of identity theft law and specifically requires the committee to examine and recommend what assistance the federal government can provide state and local law enforcement agencies to better coordinate in the battle against identity theft.

There is no doubt about the scope of the problem: identity theft is already a major problem, and it's getting worse. We must provide victims with the tools they need to regain control of their lives. The Identity Theft Victims Assistance of 2003 will help victims of identity theft recover their identity and restore their good credit. I look forward to working with my colleagues to promptly enact this bill into law.

I ask unanimous consent that the text of the legislation be printed in the Record.

Mr. President, today I am introducing legislation to expand the park boundaries for the Harpers Ferry National Historic Park. Harpers Ferry, located at the confluence of the Potomac and Shenandoah Rivers, is one of West Virginia's jewels. Its place in American history, coupled with the natural scenic beauty of the park and its surroundings, make for a one-of-a-kind experience for local residents and visitors alike. Now is the time to move forward with that effort.

Harpers Ferry has been the backdrop for remarkable historic events. Here, in one setting, several themes in America's story converge: exploration, industry and transportation, the question of slavery, the Civil War, and the natural splendor of our Nation.

We are taught that the Lewis and Clark Expedition began in Wood River, IL, on the Mississippi River in 1804. But, in fact, Harpers Ferry also contributed to that important historic expedition by providing a cache of supplies that helped sustain these brave explorers as they traveled to the Pacific Ocean and back.

One of Harpers Ferry's most famous incidents occurred in 1859 when the fierce abolitionist leader John Brown and a small band of raiders held Federal troops at bay in the Federal arsenal. John Brown's capture fueled the growing tensions on the issue of slavery.

The property includes the operational Baltimore & Ohio train station, and it borders a part of the Chesapeake and Ohio Canal. Both the railroad and the canal made Harpers Ferry a key transit point during the Civil War.

In September 1862, 37,000 Union and Confederate troops wrestled for the control of Harpers Ferry. Over the course of 4 days, a famous West Virginian, GEN Thomas Jonathan ``Stonewall'' Jackson, battled Union troops that were under the leadership of COL Dixon Miles in the area of Schoolhouse Ridge and Bolivar Heights. When it was over, the largest surrender of Union soldiers, 12,500 in all, occurred. Jackson's victory allowed GEN Robert E. Lee to carry his fight further to Sharpsburg, MD, where the bloodiest single day battle of the Civil War the Battle of Antietam--was fought.

Harpers Ferry's rich history is matched only by its great natural beauty. Throughout the year, residents and visitors alike can be seen enjoying fishing, hiking, biking, horseback riding, rafting, canoeing, kayaking, and much more in this scenic park. In the summer of 2001, the Peregrine Falcon Restoration Project began at the park. Since that time, 12 peregrine falcon chicks have been released across the Potomac River on Maryland Heights. This and other efforts are underway to restore these incredible raptors to their native nesting sites in the Appalachian region.

Today, the park is home to a vast array of outdoor and recreational opportunities. The historical, recreational, and ecological significance

suggests that the time is right to expand the boundaries of Harpers Ferry National Historic Park. The boundary expansion has the support of a number of groups, including the Friends of Harpers Ferry, the Harpers Ferry Conservancy, and the Civil War Preservation Trust.

Harpers Ferry became a part of the National Park System in 1944. My legislation would expand its boundary by 1,240 acres, from its current 2,505 acres to 3,745 acres. In order to educate local residents about the expansion process, I directed the National Park Service, in the year 2000, to conduct a public outreach program. As part of that program, the Park Service asked for public response to potential expansion. Since the publication of the study, some lands have been purchased under the current acquisition ceiling. Further, the larger expansion proposal, which would be authorized by the passage of my legislation, has the strong support of 94 percent of the responders.

So, Mr. President, we must do all that we can to protect such very special places. Therefore, I am proud to introduce this legislation that I hope will protect an important place for West Virginia and the Nation as a whole.

Mr. President, I yield the floor.

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Thursday, September 25, 2003, at 9:30 a.m., in open session, to receive testimony on ongoing military operations and reconstruction efforts in Iraq.

Witnesses

Ambassador L. Paul Bremer III, Presidential Envoy to Iraq;

General John P. Abizaid, USA, Commander, United States Central Command.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on September 25, 2003, at 10:00 a.m. to conduct a hearing on ``Counterterror Initiatives in the Terror Finance Program.''

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, September 25, 2003 at 2:30 p.m. to hold a hearing on European Nominations.

Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Thursday, September 25, 2003, at 10:00 a.m. in Room 562 of the Dirksen Senate Office Building to conduct a hearing on the reauthorization of the Head Start program.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Thursday, September 25, 2003, at 9:30 a.m. in Dirksen Room 226.

Agenda

I. Nominations

Henry W. Saad to be United States Circuit Judge, for the Sixth Circuit; Mauricio J. Tamargo to be Chairman of the Foreign Claims Settlement Commission of the United States; Carlos T. Bea to be United States Circuit Judge for the Ninth Circuit; Charles H. Pickering, Sr. to be United States Circuit Judge for the Fifth Circuit; Marcia A. Crone to be United States District Judge for the Eastern District of Texas; Philip S. Figa to be United States District Judge for the District of Colorado; William Q. Hayes to be United States District Judge for the Southern District of California; John A. Houston to be United States District Judge for the Southern District of California; Robert Clive Jones to be United States District Judge for the District of Nevada; Ronald A. White to be United States District Judge for the Eastern District of Oklahoma; John F. Bardelli to be United States Marshal for the District of Connecticut.

II. Bills

S. 1451, Runaway, Homeless, and Missing Children Protection Act [Hatch, Leahy];

S. 1293, A bill to criminalize the sending of predatory and abusive e-mail [Leahy, Hatch, DeWine, Edwards, Feinstein, Grassley, Schumer];

S. 1580, Religious Workers of Act of 2003 [Hatch, Kennedy, DeWine];

S. Res. 209, Recognizing and honoring Woodstock, Vermont native Hiram Powers for his extraordinary and enduring contributions to American sculpture [Jeffords, Leahy, DeWine, Feinstein, Grassley, Hatch, Schumer, Specter]'

S. Res. 222, Designating October 17, 2003, as National Mammography Day [Biden, Chambliss, DeWine, Edwards, Feinstein, Grassley, Hatch, Kennedy, Leahy, Schumer, Specter];

S. Res. 98, Expressing the Sense of the Senate that the President should designate the week of October 12, 2003, as National Cystic Fibrosis Awareness Week [Campbell, Biden, DeWine, Grassley, Specter].

subcommittee on science, technology, and space

Mr. President, I ask unanimous consent that the subcommittee on Science, Technology, and Space be authorized to meet on Thursday, September 25, 2003, at 2:30 pm on scientific and medical advances in the field of in utero surgery.

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on October 2, 2003, at 10 a.m. to conduct a hearing on ``The Implementation of the Sarbanes-Oxley Act and Restoring Investor Confidence.''

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday, October 2, 2003, at 9:30 a.m. on media ownership.

Mr. President, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be authorized to meet on Thursday, October 2, 2003, at 2:30 p.m. on Amtrak.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, October 2, 2003 at 1:30 a.m. to hold a Business Meeting.

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Thursday, October 2, 2003 at 2:30 p.m. to hold a hearing on U.S. Policy Toward Cuba.

Mr. President, I ask unanimous consent that the Committee on Governmental Affairs be authorized to meet on Thursday, October 2, 2003 at a time and location to be determined to hold a business meeting to consider the nomination of C. Suzanne Mencer to be Director, Office for Domestic Preparedness, Department of Homeland Security.

Mr. President, I ask unanimous consent that the Committee on Health, Education, Labor, and Pensions and House Committee on Energy and Commerce be authorized to meet for a Joint hearing on Managing Biomedical Research to Prevent and Cure Disease in the 21st Century: Matching NIH Policy with Science during the session of the Senate on Thursday, October 2, 2003 at 10 a.m. in SD-106.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on Thursday, October 2, 2003 at 2:30 p.m. to hold a closed hearing.

subcommittee on national parks

Mr. President, I ask unanimous consent that the Subcommittee on National Parks of the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, October 2, 2003 at 10:00 a.m.

The purpose of the hearing is to receive testimony on the following bills: S. 524, to expand the boundaries of the Fort Donelson National Battlefield to authorize the acquisition and interpretation of lands associated with the campaign that resulted in the capture of the fort in 1862, and for other purposes; S. 1313, to establish the Congaree Swamp National Park in the State of South Carolina, and other purposes; S. 1472, to authorize the Secretary of the Interior to provide for the construction of a statue of Harry S. Truman at Union Station in Kansas City, MO; and S. 1576, to revise the boundary of Harpers Ferry National Historic Park, and for other purposes.

Mr. President, I rise today to introduce the Religious Workers' Act of 2003. It provides permanent authority for 5,000 visas per year for non-minister religious workers. These religious workers fulfill a need in the religious communities around this nation. I would like to thank Senators Kennedy and Chambliss for cosponsoring this bill.

The provision relating to the ``non-minister'' religious workers was enacted through the Immigration Act of 1990. Prior to 1990, churches, synagogues, mosques, and their affiliated organizations experienced significant difficulties in trying to gain admission for a much needed minister or other persons necessary to provide religious services to the communities. Through the 1990 Act, Congress recognized that religious institutions deserved to be on equal footing as the business and educational institutions in terms of having their human resources needs addressed.

I would like to quote from a letter written by the last Mother Theresa to Senator Abraham shortly before her passing, asking for continuation of this visa category when it was about to sunset in 1997. Mother Theresa said:

It means so much to our poor people, to have Sisters who

understand them and their culture. It takes a long time for a

Sister to understand the people and a culture, so now our

Society wants to keep our Sisters in their mission countries

on a more long-term basis. Please help us and our poor by

extending this law.

The simple plea of this great humanitarian speak volumes regarding why this law is needed.

In addition, I recently received a letter from Bishop Thomas Wenski, Chairman of the U.S. Conference of Catholic Bishops' Committee on Migration. Bishop Wenski tells me that the religious workers covered by this act would provide humanitarian services to the most needy, such as shelter and nutrition. They would care for and minister to the sick, aged, and dying in hospitals. They counsel adolescents and others suffering hardship, and support families in crisis. Bishop Wenski further advises that there is a ``rapid decrease in the number of Americans turning to religious vocations. . . . In these times of uncertainty, it is more important than ever that faith based organizations be able to serve the communities through the essential services provided by religious workers.''

The extension would allow religious organizations to continue their important programs and would provide a measure of stability that religious organizations need to set long term objectives. It is very important that faith-based organizations be able to serve the community through the essential services provided by religious workers.

I ask for the support of my colleagues for the Religious Workers' Act of 2003.

I ask unanimous consent that the text of the bill be printed in the Record.