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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the second player in school history moral war, based on lies, beyond the limits of over the past forty years, and this outdated to record multiple 1,000 yard seasons and is the resources afforded them, our military statute needs to be modernized.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 He ap- provides clarity in an outdated and ambiguous The New England Patriots used their Num- plied for Conscientious Objector status.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.

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