S12040 CONGRESSIONAL RECORD — SENATE December 8, 2004 Defense Act and for future improvements to ‘‘We proved that the antidote to rac- flight-related training—nearly 1,000— indigent defense procedures statewide. ism is excellence in performance,’’ said were instrumental in breaking the seg- Thank you for considering my views. If retired Lt. Col. Herbert Carter, who regation barrier. They all had a will- you need any further information, feel free started his military career as a pilot to contact me or any member of the Task ingness to see combat, and committed Force. We are at your disposal to build on and maintenance officer with the 99th themselves to the segregated training the successes all Texans have experienced Fighter Squadron. ‘‘Can you imagine with a purpose to defend their country. since the passage of the Fair Defense Act. . . . with the war clouds as heavy as The Tuskegee Airmen were awarded Sincerely, they were over Europe, a citizen of the three Presidential Unit Citations, 150 JAMES D. BETHKE, United States having to sue his govern- Distinguished Flying Crosses and Le- Director, Task Force on Indigent Defense. ment to be accepted to training so he gions of Merit, along with The Red f could fly and fight and die for his coun- Star of Yugoslavia, 9 Purple Hearts, 14 THE COURAGEOUS TUSKEGEE try?’’ The government expected the ex- Bronze Stars and more than 700 Air AIRMEN periment to fail and end the issue, said medals and clusters. It goes without Carter. ‘‘The mistake they made was question that the Tuskegee Airmen are Mr. LEVIN. Mr. President, today I that they forgot to tell us . . .’’. deserving of the Congressional Gold would like to make my colleagues The first class of cadets began in Medal. aware of my intention, when the 109th July of 1941 with 13 men, all of whom According to existing records, a total Congress convenes in January, 2005, to had college degrees, some with PhD’s of 155 Tuskegee Airmen originated introduce bipartisan legislation, to au- and all had pilot’s licenses. From all from Michigan, I wish to recognize thorize the awarding of the Congres- accounts, the training of the Tuskegee each one of them. I ask unanimous con- sional Gold Medal, collectively, to the Airmen was an experiment established sent that their names be included for Tuskegee Airmen. to prove that ‘‘coloreds’’ were incapa- the RECORD. They are as follows: The Tuskegee Airmen were not only ble of operating expensive and complex Kermit Bailer; Clarence Banton; unique in their military record, but combat aircraft. Stationed in the seg- James Barksdale of Detroit; Hugh Bar- they inspired revolutionary reform in regated South, the black cadets were rington of Farmington Hills; Naomi the Armed Forces, paving the way for denied rifles. Bell; Thomas Billingslea; Lee integration of the Armed Services in Months passed with no call-up from Blackmon; Charles Blakely of Detroit, the U.S. The largely college-educated the government. However, by 1943, the Robert Bowers of Detroit; James Tuskegee Airmen overcame the enor- first contingent of black airmen were Brown of Ypsilanti; Willor Brown of mous challenges of prejudice and dis- sent to North Africa, Sicily, and Eu- Ypsilanti; Ernest Browne of Detroit; crimination, succeeding, despite obsta- rope. Their performance far exceeded Archibald Browning; Otis Bryant; Jo- cles that threatened failure. What anyone’s expectation. They shot down seph Bryant, Jr. of Dowagiac; Charles made these men exceptional was their six German aircrafts on their first mis- Byous; Ernest Cabule of Detroit; Waldo willingness to leave their families and sion, and were also the first squad to Cain; Clinton Canady of Lansing; Carl put their lives on the line to defend sink a battleship with only machine Carey of Detroit; Gilbert Cargil; Na- rights that were denied them here at guns. Overall, nearly 1,000 black pilots thaniel Carr of Detroit; Donald Carter home. Former Senator Bill Cohen, in graduated from Tuskegee, with the last of Detroit; Clifton Casey; David Cason, remarks on the floor of the Senate in class finishing in June of 1946, 450 of Jr; Peter Cassey of Detroit; Robert July of 1995 summed it up this way: whom served in combat. Sixty-six of Chandler of Allegan; Pembleton Coch- ...I listened to the stories of the the aviators died in combat, while an- ran of Detroit; Alfred Cole of South- Tuskegee airmen and . . . the turmoil they other 33 were shot down and captured field; James Coleman of Detroit; Wil- experienced fighting in World War II, feeling as prisoners of war. The Tuskegee Air- liam Coleman of Detroit; Eugene Cole- they had to fight two enemies: one called men were credited with 261 aircraft de- man; Matthew Corbin of Detroit; Hitler, the other called racism in this coun- Charles Craig of Detroit; Herbert try. stroyed, 148 aircraft damaged, 15,553 combat sorties and 1,578 missions over Crushshon; John Cunningham of Rom- Prior to the 1940s, many in the mili- Italy and North Africa. They destroyed ulus; and John Curtis of Detroit. Don- tary held the notion that black service- or damaged over 950 units of ground ald Davis of Detroit; Cornelius Davis of men were unfit for most leadership transportation and escorted more than Detroit; Eugene Derricotte of Detroit; roles and mentally incapable of combat 200 bombing missions. Clearly, the ex- Taremund Dickerson of Detroit; Walter aviation. Between 1924 and 1939, the periment, as it was called, was an un- Downs of Southfield; John Egan; Army War College commissioned a qualified success. Black men could not Leavie Farro, Jr.; Howard Ferguson; number of studies aimed at increasing only fly, they excelled at it, and were Thomas Flake of Detroit; Harry Ford, the military role of blacks. According equal partners in America’s victory. Jr. of Detroit; Luther Friday; Alfonso to the Journal of the Air Force Maga- A number of Tuskegee Airmen have Fuller of Detroit; William Fuller of zine, Journal of the Air Force Associa- lived in Michigan, including Alexander West Bloomfield; Frank Gardner; Rob- tion, March 1996: Jefferson, Washington Ross, Wardell ert Garrison of Muskegon; Thomas Gay . . . these studies asserted that blacks pos- Polk, and Walter Downs, among others. of Detroit; Charles Goldsby of Detroit; sessed brains significantly smaller than Tuskegee Airmen also trained at Ollie Goodall, Jr. of Detroit; Quintus those of white troops and were predisposed to lack physical courage. The reports main- Michigan’s Selfridge and Oscoda air Green, Sr.; Mitchell Greene; James tained that the Army should increase oppor- fields in the early 40s. In the early Greer of Detroit; Alphonso Harper of tunities for blacks to help meet manpower 1970s, the Airmen established their Detroit; Bernard Harris of Detroit; requirements but claimed that they should first chapter in Detroit. Today there Denzal Harvey; James Hayes of De- always be commanded by whites and should are 42 chapters located in major cities troit; Ernest Haywood of Detroit; always serve in segregated units. of the U.S. The chapters support young Minus Heath; Milton Henry of Bloom- Overruling his top generals and to his people through scholarships, sponsor- field Hills; Mary Hill; Charles Hill, Jr. credit, President Roosevelt in 1941 or- ships to the military academies, and of Detroit; Lorenzo Holloway of De- dered the creation of an all black flight flight training programs. Detroit is troit; Lynn Hooe of Farmington Hills; training program at Tuskegee Insti- also the location of the Tuskegee Air- Heber Houston of Detroit; Ted Hunt; tute. He did so one day after Howard men National Museum, which is on the and Hansen Hunter, Jr. Leonard Isa- University student Yancy Williams grounds of historic Fort Wayne. The belle Sr., Leonard Jackson; Lawrence filed suit in Federal Court to force the late Coleman Young, former mayor of Jefferson of Grand Rapids; Alexander Department of Defense to accept black the city of Detroit, was trained as a Jefferson of Detroit; Silas Jenkins of pilot trainees. Yancy Williams had a navigator bombardier for the 477th Lansing; Richard Jennings of Detroit; civilian pilot’s license and received an bombardment group of the Tuskegee Louie Johnson of Farmington; Ralph engineering degree. Years later, ‘‘Lt. Airmen. This group was still in train- Jones; William Keene of Detroit; Lau- Col. Yancy Williams’’ participated in ing when WWII ended so they never rel Keith of Cassopolis; Hezekiah Lacy an air surveillance project created by saw combat. However, the important of River Rouge; Richard Macon of De- President Eisenhower. fact is that all of those receiving troit; Albert Mallory; Thomas Malone;

VerDate Mar 15 2010 21:47 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4637 Sfmt 0634 E:\2004SENATE\S08DE4.REC S08DE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 8, 2004 CONGRESSIONAL RECORD — SENATE S12041 Ralph Mason of Detroit; J. Caulton should do all we can to ensure that bill, and I was pleased to work with Mays of Detroit; William McClenic; Ar- first responders can provide their es- them on it and to include it in our in- thur Middlebrooks; Oliver Miller of sential public services and that in- tellectual property legislation. These Battle Creek; Vincent Mitchell of Mt. cludes e-911. The spectrum relocation provisions would provide new tools in Clemens; Wilbur Moffett of Detroit; trust fund will free more space for the fight against bootleg copies of Dempsey Morgan of Detroit; Russell wireless broadband services. This will movies snatched from the big screen by Nalle, Jr. of Detroit; Robert O’Neil of help the American economy by pro- camcorders smuggled into theaters. Detroit; Frederick Parker; Robert moting jobs and education. The Uni- Our bill would adopt a creative solu- Pitts of Detroit; Wardell Polk of De- versal Service Fund provision will fix tion developed by the Copyright Office troit; Walter Poole; Calvin Porter of an accounting glitch that if left unat- to address the growing problem of pi- Detroit; Calvin Porter; Leonard Proc- tended will seriously impede the USF racy of pre-release works. Republican tor; Della Rainey; Sandy Reid of as it goes about its critical work. If we obstruction is ensuring that these Southfield; Edward Rembert; Harry do not make this fix, rural commu- problems will be left unaddressed by Riggs of Bloomfield Hills; Walter Rob- nities and schools will suffer, and in this Senate and this Congress. inson of Detroit; Major Ross of Oak the end everyone will pay, with higher Our anticounterfeiting legislation Park; Washington Ross of Detroit; fees. I echo the FCC’s concern and add would mark a step forward in the fight John Roundtree of Westland; Calude my own with respect to the intellec- against software piracy. I was glad to Rowe of Detroit; William Ruben; Wil- tual property legislation. work with Senator BIDEN on this provi- liam Rucker; Jesse Rutledge of De- Thanks to the ingenuity, the inspira- sion, which we included in the intellec- troit; and Issac Rutledge. Calvin Sharp; tion and the hard work of America’s tual property package. The Repub- Albert Simeon, Jr. of Detroit; Paul creators, the United States is the world lican-led Congress can tell our software Simmons, Jr. of Detroit; Leon Smith; leader in the creation of intellectual companies that they will have to wait Chauncey Spencer; William Stevenson; property. Protecting intellectual prop- at least another year for the remedies Chester Stewart of Detroit; Harry erty matters. It matters to our cre- promised by this legislation. The Busi- Stewart of Bloomfield Hills; Roosevelt ators, to our economy and to our fu- ness Software Alliance tells us that $29 Stiger of Jackson; Howard Storey; ture. Affording intellectual property billion in software was stolen in 2003 Willie Sykes of Detroit; Willis Tabor; straightforward and reasonable protec- alone. We are risking a higher number Kenneth Taitt of Detroit; William Tay- tions, and giving law enforcement offi- and more harm as we proceed into 2005. lor, Jr. of Inkster; Lucius Theus of cials the resources to give those pro- There are other noncontroversial Bloomfield Hills; Donald Thomas of tections genuine power should be bipar- provisions in this legislation, as well, Detroit; Austin Thomas; Wm. Horton tisan, noncontroversial goals. In the such as language that would help en- Thompson of Detroit; Jordan Tiller; United States, copyright industries ac- sure that the Library of Congress is Paul Tucker of Detroit; Edward count for at least 12 percent of our able to continue its important work in Tunstall of Detroit; Allen Turner of gross domestic product and employ archiving our Nation’s fading film her- Ann Arbor; Cleophus Valentine of De- more than 11 million people. Copyright itage. Some of America’s oldest films— troit; Charles Walker of Jackson; Rob- industries have been adding workers at works that document who we were as a ert Walker; Roderick Warren of De- an annual rate that exceeds that of the people in the beginning of the 20th Cen- troit; Theodore Washington of Detroit; economy as a whole by 27 percent, and tury—are literally disintegrating fast- Richard Weatherford of Aibion; Jimmie those industries have achieved annual er than they can be saved. Wheeler of Detroit; William Wheeler of foreign sales and exports of almost $90 It now appears an expanse of impor- Detroit; Cohen White of Detroit; Har- billion. Republican objection has pre- tant, bipartisan legislation may fall old White of Detroit; Paul White; Peter vented the Senate from passing impor- victim to yet another Republican road- Whittaker of Detroit; Leonard Wiggins tant intellectual property legislation, block. Our copyright holders will suf- of Detroit; David Williams of Bloom- in an apparent effort to pressure the fer, our patent holders will suffer, our field Hills; Willie Williamson of De- House to accept unrelated legislation. economy will suffer, emergency serv- Along with Senator HATCH, Senator troit; Robert Wolfe; William Womack; ices and broadband deployment will CORNYN, Senator BIDEN, Senator FEIN- and Coleman Young. suffer, our rural communities and rural STEIN, and many others, I have been f schools will suffer. The Senate will working on a package of key intellec- have failed to respond to the needs of SIDETRACKING OF INTELLECTUAL tual property legislation for some the American people. That is a shame. PROPERTY AND TELECOMMUNI- time. Our staffs have worked late into CATIONS LEGISLATION the night and through weekends to ac- f Mr. LEAHY. Mr. President, during complish all that we can this year. We ART ACT the final days of this session, which have a package of strong and signifi- Mr. CORNYN. Mr. President, I note have stretched over weeks and months, cant measures that would bolster pro- that Senator LEAHY today made a floor we have been struggling to pass a num- tection of the intellectual property statement referencing important Intel- ber of important and uncontroversial that helps drive our Nation’s economy lectual Property legislation that unfor- bills, but we have met with what some and that would ensure that law en- tunately will not pass in the 108th Con- would call obstructionism from the Re- forcement has the tools it needs to do gress. publican side of the aisle. Enactment its job in this regard. There was no I agree completely with the Senior of legislation needed for e-911 provi- good reason not to have sent this pack- Senator from Vermont’s view of the sions to provide critical resources to age to the House so that it could be en- importance of these matters and I our first responders, the Universal acted without delay. Instead, it has share his frustration that the bills are Service Administrative Corporation, a been blocked and the reason has noth- not moving forward because of matters spectrum relocation trust fund, junk ing to do with the merits of the bill. It not related to the substance of the leg- fax legislation, as well as the Family is merely being misused as leverage in islation. Entertainment and Copyright Act, an attempt to pass unrelated legisla- I joined with Senator FEINSTEIN to anticounterfeiting legislation, film tion that the Senate has already sent introduce the ART Act, S. 1932, just preservation legislation and many to the House and that the House finds over a year ago to help curtail the other measures have been sidetracked objectionable. Apparently some are problem of piracy of films in movie and hijacked. willing to sacrifice important intellec- theaters and to help stop the illegal The Federal Communications Com- tual property legislation for their own distribution of pre-released copy- mission Chairman Michael Powell has narrow purposes. That is unfortunate. righted works. It is a good bill, but it spoken out urging enactment of these Our economy loses billions of dollars will not become law despite having needed telecommunications bills. The every year to various forms of piracy. passed the Senate twice this year and telecommunications package contains Instead of making inroads in this fight, enjoying overwhelming bipartisan sup- critically important provisions that we face a Republican roadblock. It is a port in the House. will enhance 911 service, allow spec- barrier that stands in the way of the Along with the ART Act, other valu- trum relocation, and preserve the abil- ART Act, a bill that passed the Judici- able legislation such as the Family ity of the universal service fund to do ary Committee and then the full Sen- Movie Act, a bill that will help parents its important work. These are not con- ate by unanimous consent. Senators control the content of films and other troversial or partisan provisions. We CORNYN and FEINSTEIN introduced the entertainment their children see is

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