Floor Statements

Mr. Speaker, I thank the gentleman for yielding me this time.

I think I just heard the Supreme Court of the United States analogized to the politburo of the Soviet Union, but I am not sure. The Hostettler fix was tried before. It has never happened, but it was tried before and here is what Attorney General William French Smith said in a letter to Strom Thurmond back in 1982:

``The integrity of our system of Federal law depends on a single court of last resort having a final say on the resolution of Federal questions. State courts could reach disparate conclusions on identical questions of Federal law, in this case interpreting the Constitution, and the Supreme Court would not be able to resolve the inevitable conflicts.''

If you want to do away with the supremacy clause, repeal Marbury v. Madison, and rip apart any uniform effort to enforce constitutional protections, you should vote for this bill. But one day, some liberal runaway court in some State, justices which we cannot impeach and that we did not confirm over in the other body, one day that court will come down and say that DOMA, the Defense of Marriage Act, is unconstitutional because of the full faith and credit clause; and the losing parties, the people who want State control on the issue of who can marry, will not be able to appeal that to the U.S. Supreme Court under this bill.

What a ridiculous situation.

Mr. Speaker, I rise today to ask my colleagues to join me in offering our congratulations and very best wishes to one of the First Ladies of American music. Frances W. Preston will soon retire as president and Chief Executive Officer of Broadcast Music Inc., (BMI).

The business acumen of Frances Preston is exceeded only by her charisma and charm, and by the respect, affection and admiration her colleagues and peers have for her. She has been lauded for her empathy and for the gracious manner in which she treats every person, from the hottest star to the humblest worker. She is an exceptional executive, leader, role model, and friend.

With Frances at its head, BMI has grown to represent over 300,000 American and foreign songwriters, composers, and music publishers in licensing music and collecting and distributing royalties from play on radio and in television, films, ads and other media. Its artists represent all types of music and its catalog contains 4.5 million works. During her 18 years as president, its revenue has grown more than three times to more than $625 million.

BMI has become an internationally respected leader and a unique success story as the entertainment industry has been transformed by digital technology and globalization. Sensitive to the changing world of music, Frances has focused on domestic licensing, foreign performing rights, legislation for fair compensation for writers and publishers, and copyright protection.

Frances joined BMI in 1958 after working in music and broadcasting in Nashville. She opened BMI's regional office there, and led her company to preeminence in the South, signing writers and publishers with roots in both country and other types of music.

In 1964, the year the Nashville BMI Building opened on Music Row, Frances became a vice president of BMI--reportedly, the first woman corporate executive in Tennessee.

She has often been called a trailblazer in the music business but Frances was also a trailblazer among women. She was the first woman Rotarian in the State of Tennessee. She was the first woman to work with the National Chamber of Commerce. She was one of the first four women--and the first businesswoman--to be invited to join the Friars Club in New York and the first woman to serve on their board of governors.

Frances moved to BMI's New York office in 1985. She was appointed Senior Vice President, Performing Rights in 1985 and President and CEO in 1986. She is a member of BMI's Board of Directors.

In 1992, in recognition of the important role she played in building Nashville's music industry, she received the highest accolade in Country music: induction into the Country Music Hall of Fame. In 2004, she was also inducted into the Gospel Music Hall of Fame. She is a lifetime member of the board of directors of the Country Music Association--one of only five individuals to be so honored--and has served as president and chairperson of the board. She is also a lifetime board member of the Gospel Music Association, where she served as chairperson and president, as well as a lifetime member of the Nashville Songwriters Association International.

Frances is vice president of the National Music Council and a member of the Board of Directors of the National Academy of Popular Music/ Songwriters Hall of Fame, a board member of the Rock & Roll Hall of Fame, and a director and member of the executive committee of the Broadcasters' Foundation.

Frances' many interests and her expertise extend far beyond the music industry. A distinguished member of business and political circles, she served on President Jimmy Carter's Panama Canal Study Committee, the commission for the White House Record Library, and Vice President Albert Gore's National Information Infrastructure Advisory Council.

She has given selflessly of her time and resources to many of America's most worthy charities. She is President of the T.J. Martell Foundation for Leukemia, Cancer and AIDS Research and the recipient of its 1992 Humanitarian Award. She is an activist and a philanthropist who became involved in the fight against cancer after the disease claimed her close friend and ski instructor. The Frances Williams Preston Research Laboratories at the Vanderbilt-Ingram Cancer Center is named in her honor, as is Vanderbilt's Frances Williams Preston Building, the focal point for the VICC's research.

Included among other awards far too numerous to list, Preston has received the Women's Equity Action League (WEAL) Achievement Award, presented to only five women each year, honoring her as one of ``America's outstanding women in business and labor.'' She has been honored with the Broadcasters' Foundation's Golden Mike Award, and the President's Award from the National Music Publishers' Association in recognition of her contributions to the music and music publishing industries.

Preston was singled out by Esquire magazine as ``the most influential and powerful person in the country music business.'' Ladies' Home Journal listed her as one of the ``50 Most Powerful Women In America'' and Entertainment Weekly placed her second in its Top 10 listing of ``The Powers of Country Music.'' Over the years, Business Nashville, BAM, Radio Ink and Hits have listed her as one of the most powerful people in the music industry. In 1997, she was one of only ten businesswomen featured in Rolling Stone's ``Women in Rock'' special issue.

Frances has been a partner and strong supporter to those of us in Congress who care about copyright protection. She has vigorously supported the fight against music piracy and vigorously guarded against any legislation that would reduce the rights and incomes of songwriters, composers and publishers.

I am honored to congratulate Frances on her retirement and ask my colleagues in the House to join me in wishing her many happy years ahead.

Mr. Speaker, Mr. Sherman, Mr. Wu and I rise today to ask our colleagues to join in saluting Mr. Li-Pei Wu, Chairman Emeritus and Director of GBC Bancorp, and the new Presidential Policy Advisor to Taiwan's President Chen Shu-Bian. He is a remarkable man with a myriad of accomplishments.

Mr. Wu has enjoyed a distinguished and successful career as a banking executive. He served as CFO of the National Bank of Alaska and President of Alaska National Bank of the North. In 1982, Mr. Wu took the helm of General Bank in Los Angeles. Under his able leadership, both General Bank and its holding company, GBC Bancorp, developed into industry leaders.

Mr. Wu was born in Changhwa, Taiwan, one of the poorest communities in Taiwan. Despite facing political oppression, he earned a B.A. in Economics from National Taiwan University and taught at the Kwanglon Business School. After his brother was sent to prison by members of the Nationalist Party, Wu left Taiwan to earn his MBA at Fort Hays State University. He struggled with the English language, but his determination and business acumen soon landed him important positions in Alaska's largest financial institution, the National Bank of Alaska.

Li-Pei Wu's accomplishments go far beyond the business world. For more than 35 years he has dedicated his time and energy to advocate for democracy and human rights in Taiwan. He is the founder and chairman of the Formosa Foundation, a non-profit, non-partisan public interest group that seeks to foster an environment of peace and stability across the Taiwan Strait, while also promoting understanding and friendship between Taiwan and the United States. He was the founding president of the Taiwanese American Citizen League, which has grown from one to twelve chapters nationwide. He has worked tirelessly to help Taiwanese- Americans achieve success and leadership opportunities in American politics, culture, and society. In addition, he serves as an honorary member of the Pacific Council on International Policy and as a Board of Advisors member for the Asia Society of Los Angeles.

Mr. Wu's commitment to human rights, peace, and economic success has been widely recognized. He is the proud recipient of the 1998 Ernst & Young Greater Los Angeles Entrepreneur of the Year Award and has been asked to teach at the University of Cambridge as a Distinguished Guest Lecturer in the school's Department of Oriental Studies. He has served as a delegate to Taiwan's National Affairs Summit at the direct invitation of Taiwan's President Lee Tung-hui. In 1990, he was the recipient of the Outstanding Entrepreneur Award bestowed on him by the National Association of Investment Companies.

Mr. Speaker, we ask our colleagues to join us in honoring and thanking Mr. Li-Pei Wu for his outstanding contributions to our community and for his steadfast commitment to human rights and strong relations between the United States and Taiwan.

Mr. Chairman, very, very reluctantly I rise in opposition to the amendment of my good friend and, more importantly, our wise and respected colleague, the ranking member of the Committee on International Relations (Mr. Lantos). He and I are hardly ever on opposite sides of an important issue relating to the Middle East.

Everyone knows this amendment will not become law, irrespective of what happens today. Neither the Senate nor the conference committee will accept this transfer. The administration would veto it if it did. So, if you pardon the use of a military metaphor, this is simply a shot across the bow.

There are ample reasons to take that shot. On democracy promotion, respect for human rights economic reforms, the Egyptian record is woefully inadequate. The state-sponsored media is filled with repulsive antisemitism and outrageous over-the-top scapegoating of Israel and the United States for the serious problems afflicting the Arab world. Egypt faces no external existential military threats.

But this is the wrong time to take this shot and the wrong time to pass this amendment. Why? Because it will not achieve its purposes, and it threatens to undercut America's national interests in seeking to resolve the Israeli-Palestinian conflict.

How so? For the first time in a very long time, the political and military leadership of Egypt appears willing to take real risks that will enhance Israel's security and force Yasser Arafat to end his support for terrorism.

We are at a critical juncture in the Middle East. Prime Minister Sharon, the father of the settlement movement, has proposed and is deeply committed to an historic disengagement plan that will lead to the removal of all Israeli settlements and military installations from Gaza, at the cost of severing his ties to much of his own political base. This plan is supported by a substantial majority of the Israeli people.

Egypt has a huge stake in the success of the disengagement plan. The last thing they want is a terrorist base camp in Gaza that exports instability to their country and other parts of the region.

In recent weeks, Egypt has begun to play a very constructive role in discussions with Israel and the Palestinians to help ensure an orderly Israeli withdrawal from Gaza.

Most importantly, for the first time since the outbreak of violence, they have put significant pressure on Yasser Arafat. President Mubarak's envoy, General Omar Suleiman, has demanded that Arafat relinquish control over all Palestinian security forces and agree to their consolidation. In addition, he has told Arafat he must fire more than 70 corrupt Palestinian officials, or risk losing any Egyptian financial assistance. Egypt has expressed its willingness to train the Palestinian security services in Gaza as the disengagement plan proceeds.

In light of Arafat's repeated refusal to take steps that could stop the violence, we are not sure whether the Egyptian efforts will bear fruit.

Mr. Chairman, let me conclude with a quote from the Associated Press from yesterday: ``The first time an Egyptian President took the risk of reconciling with Israel, he was shunned by other Arabs and vilified by his own citizens. A quarter century after Anwar Sadat became the first Arab leader to sign a peace treaty with Israel, his successor, Hosni Mubarak, is contemplating yet another risky step in the world of Middle East peacemaking: Sending Egyptians to help keep the peace in Gaza if Israel withdraws.

``And as with the 1979 treaty, which ushered in a lasting if cool peace, Egypt finds itself accused of a variety of missteps.''

Mubarak is acting on behalf of hated Israel to many of the people in the Arab world. What a strange time to propose this particular amendment.

Mr. Speaker, I was unavoidably detained and unable to cast a number of rollcall votes. Had I been present, I would have voted ``no'' on rollcall No. 305, ``no'' on rollcall No. 306, ``no'' on rollcall No. 307, ``no'' on rollcall No. 308, ``no'' on rollcall No. 309, ``no'' on rollcall No. 311, ``no'' on rollcall No. 312, ``yes'' on rollcall No. 314, ``no'' on rollcall No. 315, ``no'' on rollcall No. 316, ``no'' on rollcall No. 317, ``no'' on rollcall No. 318, ``yes'' on rollcall No. 319; ``no'' on rollcall No. 320, ``yes'' on rollcall 322, ``yes'' on rollcall No. 323, ``no'' on rollcall No. 324, and ``yes'' on rollcall No. 325.

Madam Speaker, I thank the gentleman from Nebraska for yielding me this time. I will not repeat many of the comments of my colleagues talking about specific aspects of Doug's really quite incredible Congressional career. We all in this body have good days and bad days, and one of the really bad days for me was awakening to learn that, I think I was in California then, that Congressman Bereuter of Nebraska had decided to retire at the end of this term, that somebody as essential to the work that I was interested in, particularly in international relations, who conducted himself in such a professional and thoughtful way, whose approach to every issue, sort of he had his philosophy and he had his values, but essentially it was a very meticulous, merit-based analysis of issues and what made the most sense, and he constantly stood firm and steadfast for the conclusions he had reached through that kind of an analysis. He did not pigeon-hole issues. He looked at each one fresh and came to terms with the merits after a great deal of thought and analysis.

One of the good days in this institution was the day when I learned he was going to seek and then get the presidency of the Asia Foundation, a very important organization doing very important work on the rule of law, human rights, and democracy in Asia and that part of the world, from Afghanistan to Indonesia, critical countries, large, important countries, and that Doug would be devoting his professional career now to this. And I certainly wish him and Louise, whom I am also very fond of, great success. They will do an organization that has already made an

excellent name for itself a great service by giving their efforts to that organization.

For me, what some of us over here view as the national tragedy of the 1994 elections, which shifted the majority control to the other party and all of the drama that surrounded that for those of us who had enjoyed being in the majority and all that went with that status, I got a consolation prize that I think a lot of my Democratic colleagues did not get, because I went from being a chairman of a subcommittee on the Committee on International Relations to being a ranking member of a subcommittee, the Asia subcommittee, which Doug Bereuter was the chairman of. And in the 4 years that I was ranking and that he was chair of that committee, I cannot remember a single issue where I left any meeting, any markup, any hearing without the greatest respect for his intellect, for his commitment, for his willingness to work on a bipartisan way, for the approach which I think is an important one that has been not always observed as well as it should be, but a tradition that in this body politics ends at the water's edge. And this is a gentleman who would never hesitate to work with the minority party or with minority Members that were willing to work with him in pursuit of what he saw as the national interest.

He had a number of different accomplishments; many of them have been touched on. The one that I did not hear mentioned, he played a very key role in drafting the Hong Kong Policy Act, which placed the issue of Hong Kong's continuing autonomy after the handover front and center in terms of our relationship with China. He did incredible work in terms of trying to deal with the human rights issue in the context of MFN status for China.

Over and over again, I could take more than enough time as allotted talking about specific issues and specific accomplishments. I am only sorry that I did not get to serve on the Committee on International Relations with him as chairman or, even better, with him as ranking member of that particular committee. I know he would have done a wonderful job, but I look forward to continuing to see him and Louise and to work with him at the time when it is appropriate on issues that the Asia Foundation will be engaged in, which will be issues that are very much in our national interest.

Madam Speaker, I thank the gentleman for yielding and for conducting this Special Order.

Mr. Speaker, I was unavoidably detained and unable to cast several rollcall votes. Had I been present, I would have voted ``no'' on rollcall No. 286, ``no'' on rollcall No. 287, ``yes'' on rollcall No. 288, ``yes'' on rollcall No. 289, and ``yes'' on rollcall No. 290.

Mr. Speaker, I rise today to pay tribute to Sergeant Major Ralph Guerrero Jr. who on June 24, 1974, enlisted in the United States Marines Corps and will officially retire today after 30 years of honorable and distinguished service. Sergeant Major Guerrero leaves the Marines Corps as one of the most respected and accomplished member of our armed forces.

A native of San Fernando, California, Sergeant Major Guerrero was born on July 14th 1956, and graduated from San Fernando High School in June 1974. Sergeant Major Guerrero and his wife Silvia P. Gomez have a son, Ralph III, and a daughter, Chyenne. Sergeant Major Guerrero is the quintessential local success story.

After he graduated from the Marine Corps Recruit Depot, San Diego, CA and completed Infantry Training School at Camp Pendleton, CA, Sergeant Major Guerrero embarked on a successful Marine Corps career. From his participation in the evacuation of South Vietnam and Cambodia; to his amphibious reconnaissance training; to his. assignment to Marine Corps Recruit Depot San Diego California, where he served as a Drill Instructor, Senior Drill Instructor, Chief Drill Instructor and was meritoriously promoted to Gunnery Sergeant; Sergeant Major Guerrero has proven himself a critical team player.

Sergeant Major Guerrero's leadership and expertise were vital to the Marine Corps during his deployment to El Salvador as an Advisor to a Battalion of Salvadorian Marines. During his subsequent deployments, including: Operation Desert Shield, Operation Desert Storm, Operation Sea Angel, Operation Restore Hope, Operation Noble Eagle and his visits to Marines in Afghanistan and Uzbekistan in support of Operation Enduring Freedom his contributions were invaluable. His exemplary leadership skills proved critical to the Marine Corps during his tour of duty at Headquarters Battalion, Headquarters Marine Corps, where he served as the Command and the Military District of Washington Sergeant Major. During this tour, Sergeant Major Guerrero was a member of the FY99 E-8/E-9 selection board, Chairman Senior Enlisted Advisory Community for USO, a member of the Board of Director's for USO and Navy Marine Corps Relief Society, and a member of the Foreign Joint Services NonCommissioned Officer Associations.

In July 1999, Sergeant Major Guerrero was assigned to a Major Marine Corps command, as the Sergeant Major for Marine Corps Air Station, Iwakuni Japan. In 2001, he was assigned as the Sergeant Major for the 1st Marine Aircraft Wing. These important assignments were evidence of the great respect and trust he had earned.

Sergeant Major Guerrero is deservedly highly decorated. He has earned the Legion of

Merit, the Meritorious Service Medal with 2 Gold Stars in lieu of 3rd Award, the Navy Achievement Medal with Gold Star in lieu of 2nd Award, the Presidential Unit Citation, the Combat Action Ribbon with 4 gold stars in lieu of 5th Award, the Korean Defense Service Medal, the Military Outstanding Volunteer Service Medal with Bronze Star in lieu of 2nd Award, the Vietnam Service Medal with bronze star in lieu of 2nd award, the Southwest Asia Service Medal with 3 bronze stars in lieu of 4th award, the Kuwaiti Liberation Medal and various Unit Awards.

Sergeant Major Guerrero has worked to raise the public's awareness of the many contributions the military makes to the local community. He has also committed himself to working with schools to help increase appreciation for our armed forces among school children.

It is my distinct pleasure to ask my colleagues to join me in saluting Sergeant Major Guerrero for his distinguished 30 years of service to country, to congratulate him on his retirement and to wish him the very best in the years ahead.

Mr. Speaker, I was unavoidably detained and unable to cast a number of rollcall votes. Had I been present, I would have voted ``no'' on rollcall No. 293, ``yes'' on rollcall No. 294, ``yes'' on rollcall No. 295, ``yes'' on rollcall No. 296, ``yes'' on rollcall No. 299, ``yes'' on rollcall No. 300, ``yes'' on rollcall No. 301, ``no'' on rollcall No. 302, ``no'' on rollcall No. 303, and ``yes'' on rollcall No. 304.

Mr. Speaker, I rise today to pay tribute to Lieutenant Colonel Geffrey L. Cooper, the Commanding Officer of the 2nd Battalion, 23rd Marines, for his extraordinary leadership and bravery in action against enemy forces. He has shown strength and courage throughout his many years of heroic service with the United States Marine Corps.

A native of Aurora, Illinois, Lt. Col. Geffrey L. Cooper is married to June Madsen, and is the father of three daughters, Jennifer, Jessica, and Jacalyn. He graduated from the Marine Corps Recruit Depot in San Diego in November, 1973, and has since had a long and successful military career. In 1980, Lt. Col. Cooper was commissioned as Second Lieutenant upon his graduation from St. Cloud State University in Minnesota. In 1980, he was also assigned to 2nd Battalion, 7th Marine Regiment and served as an infantry platoon commander. He was appointed to Infantry Training School at Camp Pendleton, and served as Assistant Officer in Charge from 1983-1986. In 1986, he was assigned as Commanding Officer of Company B, 3rd Light Armored Vehicle Battalion.

Lt. Col. Cooper proved to be a strong leader as the Operations Officer for Headquarters Battalion, 3rd Marine Division, and as Commanding Officer, Headquarters Company, 4th Marine Regiment, Okinawa, Japan. After leaving active duty in 1992, he joined the Individual Mobilization Detachment, Tactical Training Evaluation Control Group (IMADET). He served as the head IMADET representative for more than 75 combined arms exercises. In 2003, he was again activated and assumed command of 2nd Battalion, 23rd Marine Regiment in support of Operation Noble Eagle at Camp Pendleton.

Lt. Col. Cooper, along with the entire 2nd Battalion, 23rd Marines, was activated on February 23, 2002, and was deployed in February 2003. Nine hundred members of this Marine Forces Reserve Unit, combined with the I Marine Expeditionary Force (MEF), conducted the longest series of synchronized combined arms and overland attacks in the history of the Marine Corps. The 800 kilometer advance, which began at the border between Kuwait and Iraq, experienced heavy combat with continued hostilities to the North of Baghdad. The combined combat force successfully destroyed nine Iraqi Divisions.

The battlefield swiftness of the I MEF during its campaign was unmatched by any force to date. The success of the operation was due to valiant efforts of men and women such as Lt. Col. Cooper. Lt. Col. Cooper's many accomplishments are indicated by his many decorations, which include: Navy Marine Corps Medal, Meritorious Service Medal, Navy Achievement Medal with gold star in lieu of second award, Combat Action Ribbon, and the Good Conduct Medal.

Mr. Speaker and distinguished colleagues, please join me in saluting Lt. Col. Cooper's exceptional leadership in the 2nd Battalion, 23rd Marine Regiment. Also, I ask you to join me in wishing future success to Lt. Col. Geffrey L. Cooper at his new Command, the 1st Marine Division, Camp Pendelton.

Mr. Speaker I was unavoidably detained and unable to cast a number of rollcall votes. Had I been present, I would have voted ``no'' on rollcall No. 279, ``no'' on rollcall No. 280, ``yes'' on rollcall No. 281, ``yes'' on rollcall No. 282, ``yes'' on rollcall No. 283, ``yes'' on rollcall No. 284 and ``yes'' on rollcall No. 285.

Mr. Speaker, I rise today to pay tribute to Wynne Bright, a remarkable woman from my Congressional District who was chosen as the 2004 California Mother of the Year. She earned this recognition for her lifelong dedication and unconditional love and support to her family, and for her many outstanding contributions to our community.

Wynne was born on August 25, 1923 in Los Angeles, CA. She graduated from Los Angeles High School in 1940, and despite being offered numerous scholarships to attend college, she stayed home to help take care of her ill father. Later, Wynne received an Associate Degree from Los Angeles City College.

In 1943, Wynne married Herbert C. Bright. Herbert graduated from the University of California, Los Angeles and served as a lieutenant in the Air Force during World War II. During the war, Wynne worked for the American Red Cross, helped start a nursery and preschool at Langley Field, and visited with parents who had lost children in the war.

Wynne gave birth to her first child, James, in 1949. James graduated from the University of Southern California with a degree in geology. Afterwards, he graduated from Loyola Law School. Wynne's second child, Cheryl Lee, was born in 1955. Cheryl Lee graduated from California State University Northridge and served as an executive at ARCO for many years. Richard, her youngest child, was born in 1962 and graduated from the University of Southern California. He is the Vice President of Ellis Reality. Wynne has five grandchildren: MacKenzie, Jennifer Ann, Ryan, Taylor, and Christopher.

Wynne's children are very proud of their mother and attribute their sense of self-worth, desire to achieve, and moral values to her good influence. She taught them that real success comes hand-in-hand with moral values, and that happiness comes from within. Their love of learning is a direct result of their mother's belief in the importance of education.

In addition to being a lifelong teacher to her children, Wynne has made extraordinary contributions to her community. For example, she is involved in the Studio City Residents' Association, is a volunteer at her PTA, is actively involved in the North Hollywood Junior Women's Club, and plays organ at her church.

Women like Wynne Bright give strength and joy to our communities, and I ask my colleagues to join me in saluting and honoring her for all of her outstanding accomplishments, and her exemplary commitment to family and community.

Mr. Speaker, I rise today to pay tribute to Lieutenant Colonel Geffrey L. Cooper, the Commanding Officer of the 2nd Battalion, 23rd Marines, for his extraordinary leadership and bravery in action against enemy forces. He has shown strength and courage throughout his many years of heroic service with the United States Marine Corps.

A native of Aurora, Illinois, Lt. Col. Geffrey L. Cooper is married to June Madsen, and is the father of three daughters, Jennifer, Jessica and Jacalyn. He graduated from the Marine Corps Recruit Depot in San Diego in November, 1973 and has since had a long and successful military career. In 1980, Lt. Col. Cooper was commissioned as Second Lieutenant upon his graduation from St. Cloud State University in Minnesota. In 1980, he was also assigned to 2nd Battalion, 7th Marine Regiment and served as an infantry platoon commander. He was appointed to Infantry Training School at Camp Pendleton, and served as Assistant Officer in Charge from 1983-1986. In 1986, he was assigned as Commanding Officer of Company B, 3rd Light Armored Vehicle Battalion.

Lt. Col. Cooper proved to be a strong leader as the Operations Officer for Headquarters Battalion, 3rd Marine Division, and as Commanding Officer, Headquarters Company, 4th Marine Regiment, Okinawa, Japan. After leaving active duty in 1992, he joined the Individual Mobilization Detachment, Tactical Training Evaluation Control Group (IMADET). He served as the head IMADET representative for more than 75 combined arms exercises. In 2003, he was again activated and assumed command of 2nd Battalion, 23rd Marines Regiment in support of Operation Noble Eagle at Camp Pendleton.

Lt. Col. Cooper, along with the entire 2nd Battalion, 23rd Marines, was activated on February 23, 2002 and was deployed in February 2003. Nine hundred members of this Marine Forces Reserve Unit, combined with the I Marine Expeditionary Force (MEF), conducted the longest series of synchronized combined arms and overland attacks in the history of the Marine Corps. The 800 kilometer advance, which began at the border between Kuwait and Iraq, experienced heavy combat with continued hostilities to the North of Baghdad. The combined combat force successfully destroyed nine Iraqi Divisions.

The battlefield swiftness of the I MEF during its campaign was unmatched by any force to date. The success of the operation was due to valiant efforts of men and women such as Lt. Col. Cooper. Lt. Col. Cooper's many accomplishments are indicated by his many decorations, which include: Navy Marine Corps Medal, Meritorious Service Medal, Navy Achievement Medal with gold star in lieu of second award, Combat Action Ribbon and the Good Conduct Medal.

Mr. Speaker and distinguished colleagues, please join me in saluting Lt. Col. Cooper's exceptional leadership in the 2nd Battalion, 23rd Marine Regiment. Also, I ask you to join me in wishing future success to Lt. Col. Geffrey L. Cooper at his new Command, the 1st Marine Division, Camp Pendleton.

Mr. Speaker, I was unavoidably detained and unable to cast a number of rollcall votes. Had I been present, I would have voted ``yes'' on the Roybal-Allard amendment (rollcall No. 269), ``no'' on the Tancredo amendment (rollcall No. 270), ``yes'' on the Maloney/ Rangel amendment (rollcall No. 271), ``yes'' on the Sabo amendment (rollcall No. 272) and ``yes'' on final passage of the Homeland Security Appropriations bill (rollcall No. 275).

Mr. Speaker, today I am joined by my colleague Bill Delahunt (D-MA) in introducing the Civil Liberties Restoration Act. Two and a half years ago, following the attacks of September 11, the Attorney General asked Congress for a long list of new powers he felt were necessary to protect the United States from future terrorist attacks. Six weeks later, Congress granted those powers in the USA PATRIOT Act.

I voted for the PATRIOT Act in 2001 because I felt that a number of its provisions provided essential tools to fight terrorism. I did so expecting that Congress would undertake diligent oversight of the Attorney General's use of the tools we provided. Unfortunately, that has not been the case.

The Civil Liberties Restoration Act (CLRA) is our effort to return oversight to our legal system and restore the kind of checks and balances that are the foundation of our government.

Since we enacted the PATRIOT Act almost three years ago, there has been tremendous public debate about its breadth and implications on due process and privacy. I do believe that there are some misperceptions about the law and its effects, but I also believe that many of the concerns raised are legitimate and worthy of review by Congress.

The CLRA does not repeal any part of the PATRIOT Act, nor does it in any way impede the ability of agencies to share information. Instead, it inserts safeguards in a number of PATRIOT provisions.

The bill addresses two pieces of the PATRIOT Act in particular. First, it ensures that when the Attorney General asks a business or a library for personal records, he must be targeting an agent of a foreign power. Second, the bill would make clear that evidence gained in secret searches under the Foreign Intelligence Surveillance Act (FISA) cannot be used against a defendant in a criminal proceeding without providing, at the very least, a summary of that evidence to the defendant's lawyers. One of my biggest concerns when we passed the PATRIOT Act was that the changes we made in FISA would encourage law enforcement to circumvent the protections of the 4th Amendment by conducting searches for criminal investigations through FISA authority rather than establishing probable cause. This provision in the CLRA does not take away any of the powers we provided in the PATRIOT Act. It simply requires that if the government wants to bring the fruits of a secret search into a criminal courtroom it must share the information with the defendant under existing special procedures for classified information.

The Civil Liberties Restoration Act deals with more than the PATRIOT Act. It also addresses a number of unilateral policy actions taken by Attorney General Ashcroft both before and after enactment of the PATRIOT Act without consultation with or input from the Congress. For example, the Administration has undertaken the ``mining'' of data from public and non-public databases. Left unchecked, the use of these mining technologies threatens the privacy of every American. The CLRA requires that any federal agency that initiates a data-mining program must report to Congress within 90 days so that the privacy implications of that program can be monitored.

The Attorney General unilaterally instituted a number of policies dealing with detention of noncitizens that we address. For example, the AG ordered blanket closure of immigration court hearings and prolonged detention of individuals without charges. The CLRA would permit those court hearings to be closed to protect national security on a case by- case basis and requires that individuals be charged within 48 hours, unless they are certified as a threat to national security by the AG as mandated under the Patriot Act.

The CLRA also addresses the special tracking program (known as NSEERS) created by the Attorney General, which requires men aged 16 and over from certain countries to be fingerprinted, photographed and interrogated for no specific cause. This program creates a culture of fear and suspicion in immigrant communities that discourages cooperation with antiterrorism efforts. The CLRA terminates this program and provides a process by which those individuals unjustly detained could proceed with interrupted immigration petitions. This is the only provision of the CLRA that eliminates a program outright, but this program has already been partially repealed by the Department of Homeland Security and largely replaced by the US VISIT system.

When I voted for the PATRIOT Act, I understood that my vote carried with it a duty to undertake active oversight of the powers granted by the bill and carefully monitor their use. Congress should continue to examine whether the policies pursued by the Attorney General are the most effective methods to protect our nation from terrorists, whether they represent an efficient allocation of our homeland security resources, and whether they are consistent with the foundations of our democracy. It is my hope that we will enjoy an active debate on these issues and this legislation.