E834 CONGRESSIONAL RECORD — Extensions of Remarks April 28, 2005 of orders for sales. However, like the economy The University of Louisville recruited Deion pate in a war and an institution that he could of its time, the scope of Public Law 86–272 who hauled in 143 passes for 2,204 yards and no longer square with his evolving yet sin- was limited to tangible personal property. Our 18 touchdowns in his two years there. He be- cerely held beliefs. But stretched by an im- Nation’s economy has changed dramatically came only the second player in school history moral war, based on lies, beyond the limits of over the past forty years, and this outdated to record multiple 1,000 yard seasons and is the resources afforded them, our military statute needs to be modernized. listed fourth and sixth respectively in the adopted a ‘‘stop loss order’’ policy to arbitrarily That is why we are introducing this impor- school records for career touchdown catches breech the contracts our nation made with tant legislation today. The Business Activity and receptions with the Cardinals—and that in those who serve in its military services. Tax Simplification Act both modernizes and just two years. So Kevin did what was necessary. He ap- provides clarity in an outdated and ambiguous The New England Patriots used their Num- plied for Conscientious Objector status. His of- tax environment. First, the legislation updates ber 65 pick in the 2002 Draft to bring in Deion ficers up the chain of command refused their the protections in PL 86–272. Our legislation to what many are now describing as a dy- duty to accept his application. His commander reflects the changing nature of our economy nasty—three Super Bowl Victories in four called him a coward. His unit chaplain refused by expanding the scope of the protections in years, two with Deion on the team. to meet with him, writing by email that he was PL 86–272 from just tangible personal prop- Deion’s first Super Bowl ring came without ‘‘ashamed’’ of Kevin. He was charged with erty to include intangible property and all types the MVP award; his colleague and football leg- ‘‘Desertion with Intent to Avoid Hazardous of services. end Tom Brady won it that year. But while Duty’’ and ‘‘Missing Movement by Design’’. His In addition, our legislation sets forth clear, many of us fans thought he should be consid- preliminary hearings methodically violated specific standards to govern when businesses ered, we didn’t have to wait long to be satis- every precept of substantive due process. He should be obliged to pay business activity fied. The following year, despite an injury in now faces a Court Martial on May 11 and the taxes to a state. Specifically, the legislation his second game which kept him on the side- possibility of seven years in the stockade. establishes a ‘‘physical presence’’ test such lines for the next seven matches, Deion fin- Every member of our Armed Forces raises that an out-of-state company must have a ished the season with 35 receptions for 454 their hands, as do we, and take an oath, as physical presence in a state before the state yards and four touchdowns. do we, to ‘‘defend the Constitution of the can impose franchise taxes, business license Deion had trained and focused and coming United States’’. That Constitution protects the taxes, and other business activity taxes. into the end of the season from an injury, he ‘‘Right of Conscience’’, including the right to The clarity that the Business Activity Tax was still ready for the premier football event in conscientiously object to war as an instrument Simplification Act will bring will ensure fair- the world. Finishing the night with an NFL of public policy. But given the climate we face ness, minimize litigation, and create the kind record-tying 11 receptions for 133 yards in the right now, asserting such a right takes real of legally certain and stable business climate Super Bowl, he became just the fourth re- courage. And it is the exercise of that courage that encourages businesses to make invest- ceiver in NFL history to receive the MVP which makes Sgt. Benderman a hero in my ments, expand interstate commerce, grow the award and is already being listed with greats book. economy and create new jobs. At the same like Jerry Rice and Dan Ross. It is a crime and a shame that while we are time, this legislation will ensure that states and Mr. Speaker, Deion’s team-first attitude and so busy working to expand freedom to other localities are fairly compensated when they strong work ethic has paid off and we in Mis- nations, we can’t slow down to protect our provide services to businesses with a physical sissippi are proud of him and salute his con- precious freedoms among ourselves. presence in the state. tinuing achievements. I know we will continue I urge each of my colleagues to support this [From the Savannah Morning News, March to see him excel in the future and all of us 28, 2005] very important bipartisan legislation. from Jones County, Mississippi will remember DEFENSE LAWYER, INVESTIGATOR SQUARE OFF f him for his years with us and salute his deter- OVER BENDERMAN’S CONSCIENTIOUS OBJEC- SALUTING ANTHONY DEION mination, skill and triumphs. TOR APPLICATION BRANCH f (By John Carrington) Filings and e-mails show that a ‘non-adver- HON. CHARLES W. ‘‘CHIP’’ PICKERING SERGEANT KEVIN BENDERMAN sarial’ hearing over Sgt. Kevin Benderman’s conscientious objector status was anything OF MISSISSIPPI HON. CYNTHIA McKINNEY but cordial. IN THE HOUSE OF REPRESENTATIVES Sgt. Kevin Benderman poses with his wife OF GEORGIA Thursday, April 28, 2005 Monica following Article 32 proceedings, a IN THE HOUSE OF REPRESENTATIVES Mr. PICKERING. Mr. Speaker, Mississippi’s military court process similar to a prelimi- Thursday, April 28, 2005 nary hearing. Benderman, who has applied community and junior college system pro- for conscientious objector status, has been duces some of the top football players in the Ms. MCKINNEY. Mr. Speaker, I speak with charged with desertion for not deploying to Nation. They are always targets of recruitment you today about one of America’s heroes, Sgt. Iraq with his unit. from universities around the country seeking Kevin Benderman. Sgt. Benderman is not a The defense lawyer and the investigating to bolster their football programs. From time to hero because he served a tour of duty in the officer for Sgt. Kevin Benderman’s conscien- time, we produce a truly great player who can Occupation of Iraq, though he did. He is not tious objector application apparently at- compete at the highest level with the leader- a hero because of the medals he was award- tended different hearings last month. ship and poise necessary to be the top player ed, nor his ten years of honorable service in Both sides maintain they kept their cool during the hearing, saying the other side lost in the top game. Anthony Deion Branch from the U.S. Army. theirs, according to written recommenda- Jones County Junior College—in my home No, Sgt. Kevin Benderman is a hero be- tions and rebuttals released to the Savannah county—was named Super Bowl XXXIX Most cause when all around him are pressing for- Morning News. Valuable Player. Today I’d like to salute that ward to prosecute a violent war against the One thing is clear: a hearing that was, ac- achievement and speak a little about his road people of Iraq, Kevin Benderman had the cording to Army regulations, supposed to be to that success. courage to stand up and assert his heartfelt a ‘‘non-adversarial’’ proceeding was anything Deion’s career began in Albany, Georgia opposition to war. but that. where he excelled in track, football and en- Sgt. Benderman’s opposition is not the theo- Capt. Victor Aqueche, the Fort Stewart- joyed soccer in high school. After graduating retical if sincere opposition of a student peace appointed investigating officer, wrote in a recommendation memo following the hear- he made the long drive to Ellisville, Mississippi activist. Kevin Benderman has seen things ing that Benderman was ‘‘argumentative’’ at where he competed and earned a spot on the that none of God’s children should have to en- times, and his demeanor ‘‘untactful’’ at oth- Jones County Junior College football team. dure. He was present when his superior or- ers. There he grabbed 37 passes for 639 yards dered his unit to open fire on small children In his rebuttal, Maj. S. Scot Sikes, and five touchdowns as a freshman on the who were throwing rocks at the soldiers of his Benderman’s military lawyer, said Aqueche Bobcat squad. The following year he took 69 unit. He chased the hungry dogs from an open at times became ‘‘agitated, snide and hos- receptions for 1,012 yards and nine touch- mass grave filled with the bodies of young tile’’ toward Benderman. downs, earning second-team All-American Sikes argued that Aqueche’s ‘‘incestuous children, old men and women. Kevin saw the appointment’’ as investigating officer set the honors and leading JCJC to a 12–0 mark and burned child, crying in pain, while all around tone for this type of ill-willed ping-pong. a victory at the Golden Isles Bowl to bring her ignored her injuries. ‘‘(Aqueche) is assigned to the same bat- home the junior college national champion- As he reflected on what he had experi- talion command,’’ and consequently ‘‘was ship. enced, he chose to not re-enlist, to not partici- placed in the position of making a critical

VerDate jul 14 2003 03:32 Apr 30, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A28AP8.114 E28PT2 April 28, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E835 determination regarding a soldier assigned INTRODUCTION OF A RESOLUTION and other individuals and organizations that to one of his colleague captain’s own units,’’ CELEBRATING THE 15TH ANNI- built and launched Hubble and then utilized its Sikes wrote. VERSARY OF THE LAUNCH OF images to great effect. They have all contrib- In an interview Monday, Sikes said, ‘‘That THE HUBBLE SPACE TELESCOPE uted to making Hubble the national treasure it bothered me. You know they’re buds.’’ Aqueche did not respond to requests for is today. So this resolution is intended to comment. HON. MARK UDALL honor them and their commitment to science Sikes also said Monday he knew the com- OF COLORADO and the benefits it brings to our country and mand looked at the timing of Benderman’s IN THE HOUSE OF REPRESENTATIVES our world. request—just before he was scheduled to de- The Hubble has provided inspiration world- Thursday, April 28, 2005 ploy—with suspicion. ‘‘But it should have wide to young and old, scientists and non-sci- not been so hostilely received.’’ Mr. UDALL of Colorado. Mr. Speaker, I rise entists alike. I hope my colleagues will join me That goes against the ‘‘non-adversarial’’ today to introduce a resolution with my col- in celebrating the 15th anniversary of the tone and tenor the application review is sup- leagues Mr. EHLERS, Chairman BOEHLERT, launch of the Hubble Space Telescope and posed to have, he said. Ranking Member GORDON, Mr. ROSCOE BART- the knowledge we have gained about our uni- Sikes asked for a new hearing, a request he LETT, Mr. MCDERMOTT, and Mr. says was denied. He now has until Friday to verse from this important astronomical instru- file another rebuttal to Aqueche’s response RUPPERSBERGER recognizing the contributions ment. to the defense’s initial rebuttal. to science resulting from the Hubble Space f In early February, Sikes and Aqueche Telescope and congratulating all those who squared off almost immediately over the have helped make Hubble one of the most im- RECOGNIZING JULIUS HARPER hearing’s timing. It was scheduled the day portant astronomical instruments in history. DAVIS after an Article 32 hearing to determine On April 25, 1990, the Hubble Space Tele- whether Benderman would face a general scope was launched into orbit. In the years HON. CHARLES W. ‘‘CHIP’’ PICKERING court-martial on charges he deserted and since the launch, Hubble has sent back im- OF MISSISSIPPI missed the January movement of his troops ages that have expanded our understanding of as they deployed to Iraq. IN THE HOUSE OF REPRESENTATIVES the universe beyond anyone’s expectation. For Sikes wanted a delay of a ‘‘mere’’ week. Thursday, April 28, 2005 ‘‘Sgt. Benderman is very concerned that he the last fifteen years, school children, sci- cannot be adequately prepared for a hear- entists, and interested citizens around the Mr. PICKERING. Mr. Speaker, recently, ing,’’ Sikes wrote in a Feb. 3 e-mail attached world have eagerly welcomed new images Millsaps College in Jackson, Mississippi dedi- to the rebuttal. ‘‘Preparations for the Arti- from Hubble—images that have provided an cated Harper Davis Field to a man who cle 32 cannot be overstated; it’s very impor- exciting keyhole into the wonders of our uni- coached there for 25 years, and who has built tant.’’ verse. a lifetime legacy of service to sport and his fel- Aqueche shot down the request with the Hubble’s scientific contributions have low man across the state. Coach Harper Davis following e-mail: ‘‘Sgt. Benderman made a amazed us all for fifteen years. Just this week, called the rededication of Millsaps’ Alumni conscious decision to take 14 days of leave Field to him the ‘‘greatest honor of my life.’’ prior to his Article 32 . . . A delay as such NASA and the European Space Agency re- could be considered ‘insincerity’ on the part leased images taken by Hubble of the largest And while leading the Millsaps Majors he built of Sgt. Benderman.’’ and sharpest images of the Eagle Nebula and a record of 138–79–4 including an undefeated The investigation officer also said, ‘‘There the Whirlpool Galaxy. Last year Hubble de- season in 1980, his life has much more to is no preparation needed on Sgt. tected oxygen and carbon in the atmosphere honor. Benderman’s behalf in order to answer ques- of a distant planet, the first time the elements At age 17, Harper Davis left his Delta home tions regarding this application.’’ have been found at a world outside our solar in Clarksdale, Mississippi and enlisted in the Yet Aqueche, in his March 23 recommenda- system. Hubble also contributed to the finding U.S. Marines Air Corps as a pilot to serve his tion memo, wrote, ‘‘I firmly believe Sgt. of new evidence about recently discovered Nation in World War II. After the War was Benderman was not prepared for the in-depth questions presented during the CO hearing.’’ ‘‘dark energy.’’ Hubble measured properties of over, he was met at Texas Grand Prairie Air Aqueche’s memo also said that, during the light from 16 exploding stars, or supernovas, Station by Mississippi State University assist- hearing, Benderman would consult with to find that the dark energy that pervades the ant coach Phil Dickens who had the Bulldogs’ Sikes and then either refuse to answer ques- universe might be what Einstein originally playbook in hand. Two days later they arrived tions—and question their relevancy to the called the ‘‘cosmological constant.’’ This dis- in Starkville for two practices before his first application—or offer ‘‘vague’’ or delayed an- covery supports the theory that instead of rip- game where Davis scored two touchdowns as swers. ping apart, the cosmos will continue expand- MSU defeated Auburn 20–0. Two days of Sikes pointed out that, as Benderman’s ing very slowly for at least the next 30 billion study and 2 days of practice were followed by lawyer for both the court-martial charges 2 touchdowns. In addition, during those 2 and the conscientious objector application, years. he had to keep the sergeant from saying any- These are just recent discoveries. Hubble days, Harper Davis met Camille, his future thing that could create more legal problems remains one of the most productive scientific wife. He would go on to be named to the All- in the criminal case. instruments in history, and certainly NASA’s SEC team while at State where he also ran on ‘‘And Aqueche made that out to be a nega- most productive scientific mission, accounting the school’s track team. He was co-captain of tive thing,’’ Sikes said Monday. ‘‘Anything for 35 percent of all its discoveries in the last the football team, voted Best Athlete, Presi- Benderman says can be used against him in 20 years. The Hubble has provided proof of dent of the ‘‘M’’ Club and named ‘‘Mr. Mis- the court-martial. That puts me in a precar- black holes, insights into the birth and death of sissippi State University.’’ Additionally he was ious position. There are some things I just stars, spectacular views of Comet Shoemaker- a member of the Kappa Sigma Fraternity, Om- could not let him answer.’’ icron Delta Kappa, Blue Key and the Colonels The court-martial is scheduled for May 12. Levy 9’s collision with Jupiter, the age of the Sikes likes Benderman’s chances on the de- universe, and evidence that the expansion of Club. sertion charges. the universe is accelerating. In short, Hubble He graduated from Mississippi State with a ‘‘It seems kind of silly to say he deserted has become a symbol of scientific excellence. bachelor of science degree in business fi- over a weekend,’’ the lawyer said Monday. In addition to its past and potentially future nance and mathematics in 1948, in 1962 ‘‘He was right there at his house, only 2 to 3 scientific discoveries, Hubble provides infor- earned a master’s degree in education admin- miles from the post.’’ mation used by approximately one million istration. Despite Aqueche’s characterization of teachers per year across the U.S. Hubble has After leaving Mississippi State University, Benderman’s demeanor during the hearing— also opened up the wonders of space to our Harper Davis was a first-round draft choice of and the captain’s recommendation to deny both the Chicago Bears of the National Foot- the sergeant’s application—Sikes also thinks youth and to all our citizens. As we struggle to Benderman will have better luck higher up keep our students interested in the sciences, ball League and the Los Angeles Dons of the the chain of command. images from Hubble inspire our youth to con- All-American League. Harper Davis played WHAT’S NEXT tinue to believe that they can become astro- one year with the Dons before the league fold- nauts and astronomers. Hubble images have ed and then went on to play with the Bears as Maj. S. Scot Sikes, Benderman’s military lawyer, asked for a new hearing, a request he brought the wonders of space down to the well as the Green Bay Packers. Many consid- says was denied. He now has until Friday to level of the classroom. ered him the fastest man in the NFL. file another rebuttal to Capt. Victor Of course, Hubble could not have been the Over the years, Harper Davis has coached Aqueche’s response to the defense’s initial success it has been without the countless sci- the backfield at his alma mater as well as rebuttal. entists, engineers, civil servants, contractors head coach at West Point High School, and

VerDate jul 14 2003 03:32 Apr 30, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A28AP8.119 E28PT2