May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1009 EXTENSIONS OF REMARKS

A TRIBUTE TO SERGEANT JOHN community. Did not the Presbyterian leader- 60th anniversary of the liberation of the Hol- ‘‘MAC’’ SMITH ship know that the best way to unite the ocaust’s death camps with a first, special Jews is to challenge the Jewish state in a se- session of the United Nations General As- rious way? Organized American Jewry is sembly on January 24th, 2005, we recall that HON. MIKE McINTYRE surely committed to safeguarding Israel’s modern Israel arose from the martyrs’ ashes. OF NORTH CAROLINA well-being at the critical front here at home. History has taught us that when we deny a IN THE HOUSE OF REPRESENTATIVES For a mainline Protestant denomination, people’s spiritual authenticity we ultimately though with dwindling members but with yet invite its physical annihilation. Wednesday, May 18, 2005 considerable influence, to go beyond past f Mr. MCINTYRE. Mr. Speaker, I rise today to critical resolutions and risk alienating its pay tribute to Sgt. John ‘‘Mac’’ Smith of Wil- Jewish partners in common quests of inter- SALUTING ANTHONY DEION mington, North Carolina, for serving his coun- faith dialogue for a better America and hu- BRANCH manity, is a cause for an evaluative pause. try valiantly with the 11th Armored Cavalry What has gone so wrong? How can we set Regiment in Operation Iraqi Freedom. On May the record straight and rejoin in essential HON. CHARLES W. ‘‘CHIP’’ PICKERING OF MISSISSIPPI 11, 2005, Sgt. Smith lost his life when a road- and increased cooperation, establishing bet- side bomb hit his convoy. He was coura- ter lines of communication? In a climate of IN THE HOUSE OF REPRESENTATIVES geously serving his second tour of duty in rising world anti-Semitism, won’t divest- Wednesday, May 18, 2005 Iraq, and our heartfelt thanks and prayers go ment worsen matters, threatening to place Israel in the pariah state category as was the Mr. PICKERING. Mr. Speaker, Mississippi’s out to his family and friends in this time of community and junior college system pro- grief. case with South Africa which the Pres- byterians rightly pursued? Would other reli- duces some of the top football players in the At an early age, John’s family knew that he gious bodies and secular institutions be Nation. They are always targets of recruitment was destined for the U.S. Army. As a toddler, tempted to follow suit? Wouldn’t added eco- from universities around the country seeking he wore camouflage clothing and once spent nomic pressure and isolation damage Israel’s to bolster their football programs. From time to a summer at Ft. Bragg. As a student at New ongoing courageous peace work, hurting a time, we produce a truly great player who can Hanover High School in Wilmington, John was close ally of the U.S.? compete at the highest level with the leader- To attack Israel following four bloody in the Army JROTC program, and during his ship and poise necessary to be the top player senior year he served as drill team com- years of unremitting and victimizing ter- rorist suicide bombings that no other nation in the top game. Anthony Deion Branch from mander. John enlisted in the Army in 2000. would have tolerated without a major re- Jones County Junior College—in my home As a member of the Army, he dedicated his sponse that surely Israel could deliver, is a county—was named Super Bowl XXXIX Most career to defending the values this nation sad commentary on the exhibited callousness Valuable Player. Today I’d like to salute that holds dear. By risking his life to ensure the of mostly friends tuning out a certain re- achievement and speak a little about his road safety of others, John made the ultimate sac- ality. A reality including the plight of the to that success. rifice. His valiant actions and steadfast service Christian minority in the Arab Muslim world Deion’s career began in Albany, Georgia remind us of the gratitude we feel toward him in general and particularly now among the where he excelled in track, football and en- and all the other servicemen and women who Palestinians where ironically the Pres- byterians have long roots of involvement, it, joyed soccer in high school. After graduating have lost their lives serving as guardians of obviously affecting their stance on Middle he made the long drive to Ellisville, Mississippi this great country. John was indeed a man of East issues. It is also the outcome of too where he competed and earned a spot on the courage and integrity. many Presbyterians lacking pertinent infor- Jones County Junior College football team. Mr. Speaker, may the memory of Sgt. John mation. There he grabbed 37 passes for 639 yards ‘‘Mac’’ Campbell live on in our hearts, and The cited Israeli security barrier as prob- and five touchdowns as a freshman on the may God’s strength and peace be with his lematic ignores the dramatic reduction in Bobcat squad. The following year he took 69 family. terrorist infiltrations as well as Israel’s Su- preme Court intervention in correcting the receptions for 1,012 yards and nine touch- f barrier’s path to alleviate hardships, with its downs, earning second-team AII-American ARTICLE BY RABBI ISRAEL final destiny dependent upon future develop- honors and leading JCJC to a 12–0 mark and ZOBERMAN ments. It was after all the late Chairman a victory at the Golden Isles Bowl to bring Arafat who responded in 2000 at Camp David home the junior college national champion- to the offered vision of peace with improved ship. HON. THELMA D. DRAKE upon past violence, reverting to his old ter- The University of Louisville recruited Deion OF VIRGINIA rorist persona with which he chose to die. It who hauled in 143 passes for 2,204 yards and is Prime Minister Sharon who succeeded in IN THE HOUSE OF REPRESENTATIVES 18 touchdowns in his two years there. He be- radically transforming himself to the point Wednesday, May 18, 2005 of supporting a Palestinian state, presently came only the second player in school history to record multiple 1,000 yard seasons and is Mrs. DRAKE. Mr. Speaker, I am pleased to risking his life with his disengagement plan from Gaza and parts of the West Bank. listed fourth and sixth respectively in the share the following article written by a con- How can an enduring and inspiring Israel, school records for career touchdown catches stituent, Rabbi Israel Zoberman. a beleaguered outpost of Western values, be and receptions with the Cardinals—and that in I vividly recall my pride back in 1980 at the compared to a corrupt and terrorism-friendly just two years. Rockefeller Chapel of the University of Chi- Palestinian Authority yet to prove with its The New England Patriots used their Num- cago as I received the first doctoral degree newly elected president Mahamud Abbas, ber 65 pick in the 2002 Draft to bring in Deion awarded to a Rabbi by McCormick Theo- through Israeli cooperation, that our trust in logical Seminary which is affiliated with the its democratic and peaceful potential is not to what many are now describing as a dy- Presbyterian Church, USA. The dean whis- dangerously misplaced? How tragic indeed nasty—three Super Bowl Victories in four pered in my ear, ‘‘You are the first,’’ without that Palestinian suffering is largely due to years, two with Deion on the team. public fanfare. A disconcerting reminder of its leaders’ ineptitude and the duplicity of Deion’s first Super Bowl ring came without that ambiguous attitude is the recent con- the Arab nations through the years, abusing the MVP award; his colleague and football leg- troversial vote by the 216th General Assem- their brethren’s plight for their own regres- end Tom Brady won it that year. But while bly of the PC (USA) meeting in Richmond, sive agenda, while refusing to grant them many of us fans thought he should be consid- Virginia for studying ‘‘selective divestment’’ their own state prior to 1967 when Israel was ered, we didn’t have to wait long to be satis- from companies doing business in Israel with saddled with the territories following an at- fied. The following year, despite an injury in at least one million dollars in revenue, and tack on Jewish sovereignty. deemed to hurt the Palestinians. Lastly but not least, the continued Pres- his second game which kept him on the side- It is quite astonishing that there was a byterian misguided goal to missionize among lines for the next seven matches, Deion fin- rather limited sense of the adverse impact of Jews remains a blight on a denomination ished the season with 35 receptions for 454 the anti-Israel move on the American Jewish that deserves better. Commemorating the yards and four touchdowns.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.011 E19PT1 E1010 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 Deion had trained and focused and coming himself to academic pursuits and under- him you would know why we must honor him.’’ into the end of the season from an injury, he standing economic and social Unfortunately, we will never know what Mal- was still ready for the premier football event in disempowerment. colm X could have done with another 40 the world. Finishing the night with an NFL Undoubtedly guided by his father’s activism, years. record-tying 11 receptions for 133 yards in the his own life experiences, and his time in NYC, Mr. Speaker, I submit into the RECORD a Super Bowl, he became just the fourth re- Malcolm X became a loyal adherent and fol- statement by Trans-Africa Forum President Bill ceiver in NFL history to receive the MVP lower of Minister Elijah Muhammad and the Fletcher, Jr. demonstrating how Malcolm was award and is already being listed with greats Nation of Islam. He argued that the discrimina- an inspiration in the global struggle for free- like Jerry Rice and Dan Ross. tion and racism present in American society dom and human rights, with many world lead- Mr. Speaker, Deion’s team-first attitude and kept African-Americans from achieving true ers embracing him and his philosophy. strong work ethic has paid off and we in Mis- political, economic, and social power and that MALCOLM X: REMEMBERING HIM AS MORE sissippi are proud of him and salute his con- the system would continue to perpetuate dis- THAN A POSTAGE STAMP tinuing achievements. I know we will continue crimination and racism unless African-Ameri- A STATEMENT BY TRANS-AFRICA FORUM PRESI- to see him excel in the future and all of us cans stood up for themselves and against the DENT BILL FLETCHER, JR. ON THE OCCASION from Jones County, Mississippi will remember system. OF THE 40TH ANNIVERSARY OF THE ASSAS- him for his years with us and salute his deter- In keeping with the teachings of the Nation SINATION OF MALCOLM X mination, skill and triumphs. of Islam, Malcolm adopted the ‘‘X’’ as a sur- February 21, 2005—February 21, 2005 marks f name to demonstrate that his African identity the 40th anniversary of the assassination of and cultural roots had been unknown to him. IN CELEBRATION OF THE 80TH African American freedom fighter Malcolm Following his parole in 1952, he became an X, aka El Hajj Malik El-Shabazz. Realizing BIRTHDAY OF MALCOLM X outspoken defender and spokesman for the that had he lived, Malcolm would have been Nation of Islam. He was placed in charged of turning 80 this year stands in contrast to the HON. CHARLES B. RANGEL new mosques in Harlem, Detroit, and Michi- memories many of us have—or have gained OF NEW YORK since his death through photos, recordings of gan. He became an effective voice of Nation IN THE HOUSE OF REPRESENTATIVES speeches and documentaries—of an auda- of Islam through newspaper, radio and tele- Wednesday, May 18, 2005 cious young Black man who unquestionably vision communications and was credited with spoke truth to power. Malcolm, gunned down Mr. RANGEL. Mr. Speaker, I rise today to helping to increase membership from 500 in at the age of 39, represented a defiance and commemorate what would have been the 80th 1952 to 30,000 in 1963. commitment that most of us can only aspire birthday of Malcolm X, formally El Hajj Malik While he spoke in bitterness and hatred to- to achieve. He spoke our anger against op- El–Shabazz. This is an opportune moment for wards whites, he spoke about his experiences pression, and our pain suffered from this this country and the world to reflect on the life and interactions with people. From the death same oppression, while constantly dem- of his father to his favorite teacher to numer- onstrating a love and respect for us as a peo- and times of this extraordinary individual. In ple. his short life, Malcolm X overcame many dif- ous others he had encountered, Malcolm Similar to the experience in the years that ficulties and challenges to become a leading talked about what he knew and that, like for have passed since the death of Martin Luther figure in the movement for black liberation. many African-Americans at the time, was not King, there have been constant attempts to Malcolm X was born Malcolm Little on May a beloved experience. He spoke for those rewrite the life and thought of Malcolm X. 19, 1925 in Omaha, Nebraska. He was one of whose dreams were crushed by the edu- Despite all of this, generation after genera- eight children born to Earl and Louise Little. cational system, whose families suffered at the tion have rediscovered the real Malcolm, Earl Little was an outspoken Baptist minister hands of economic injustice, whose leaders even if only in pieces that have to be assem- and supporter of Marcus Garvey’s Universal fought for social equality, and whose futures bled in the giant game of history. Negro Improvement Association. He taught his In an era where much confusion reigns did not look bright. within Black America due to the emergence family of the importance of working together Malcolm however would become disheart- of figures such as General Colin Powell and for their collective advancement and of the ened by the Nation of Islam, after learning of Dr. Condoleezza Rice, it is useful to reflect need to restore pride and commitment in their indiscretions committed by Minister Muham- upon two central themes in the life and work community and race. His fierce advocacy for mad and attempts by the organization to con- of Malcolm X: one, that our struggle in the racial justice prompted a number of death ceal them. Unwilling to participate in what he United States as African Americans was and threats against him, required his family to relo- believed was deception, he was marginalized is fundamentally a struggle for human rights cate twice before Malcolm’s fourth birthday, within the organization. In 1964, he separated rather than civil rights. Two, that our strug- from the Nation of Islam and formed his own gle is bound up with struggles taking place and eventually to lose their home to arson. around the world against imperialism and In 1931, the body of Earl Little was found organizations, the Organization of Afro-Amer- other forms of injustice. lying across the town’s train tracks. The police ican Unity and the Muslim Mosque, Inc. The issue of civil rights vs. human rights is ruled the death an accident, but Malcolm In 1964, Malcolm X traveled outside the critically important and for more than se- learned the true cost of passionate activism. United States to Africa, Mecca, and Saudi mantic reasons. Malcolm was challenging His mother suffered an emotional breakdown Arabia. The trip would become a transcendent much of the leadership of the then Civil and was institutionalized, following the death. period in his life. For the first time in his life, Rights Movement to understand that the His siblings were split up amongst various fos- he came in contact with different cultures and issue before Black America was not simply ter homes and orphanages. Malcolm was sep- races that treated him with respect for who he or only one of constitutional rights within arated from the family he had known and was. He broke bread with Muslims of various the U.S. framework. Malcolm suggested, fol- lowing upon leaders such as Du Bois, Robe- loved. races and saw that brotherhood was not lim- son and Patterson, that the issues at stake Malcolm nonetheless was an outstanding ited by race. He saw humanity and compas- for African Americans were more than dis- student. He was at the top of his class in jun- sion in its true form and was moved by the crimination, as important as that was and is. ior high school and had aspirations of becom- recognition that it really was universal. Instead, Malcolm observed that the oppres- ing a lawyer. With the early lessons of his fa- When he returned, Malcolm adopted the sion faced by Black America has been cen- ther about the importance of education and name El-Hajj Malik El Shabazz. He returned to tral to the reality of the USA since before it self-pride, Malcolm was prepared to shine in the United States with a new sense of pur- was the USA, i.e., since the beginning of co- the academic and legal worlds. However, he pose and a different set of experiences. He lonial North America. Our situation, in spoke about how he had met ‘‘blonde-haired, other words, was not an aberration from an lost interest in these aspirations when a favor- otherwise humane record. Rather, the op- ite teacher crushed his dreams and told him blue-eyed men I could call my brothers.’’ He pression that we have faced has shaped the that law was not a realistic goal for a Black was prepared to work with men of all races to basic existence and substance of the United man in the 1940s. achieve true racial justice. He was prepared to States, and, along with the genocide faced by Disillusioned, Malcolm dropped out of lead a movement for the liberation of the dis- Native Americans, helps one to understand school after the 8th grade and moved to Har- advantaged in America. the inability of this country to establish a lem, where he unfortunately turned to a life of Unfortunately, Malcolm X was assassinated truly democratic republic. crime. By 1942, Malcolm was coordinating at the Audubon Ballroom in Harlem on Feb- For Malcolm, then, Black America was de- various crime rings in New York City. In 1946, ruary 14, 1965—more than 40 years ago this manding not only an end to discrimination, but recognition of our human rights as a he was arrested, convicted on burglary year. At Malcolm’s funeral, the actor Ossie people, up to and including the right to na- charges, and sentenced to 10 years in prison. Davis eulogized him and asked the crowd of tional self-determination. Malcolm con- Finding himself headed in the wrong direction onlookers, ‘‘Did you ever talk to Brother Mal- cluded that as a people who had been sub- and exposed for the first time to the teachings colm? Did you ever really listen to him? For if jected to hundreds of years of naked and vi- of the Nation of Islam, Malcolm re-dedicated you did you would know him. And if you knew cious oppression, only an international body,

VerDate Aug 04 2004 06:15 May 20, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.014 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1011 such as the United Nations, had the location gade to 66 separate locations throughout Iraq There is no money to implement these new and moral authority to address the true res- in January, 2004 in support of Operation Iraqi laws, we’ve had no hearings to understand olution of our condition. Freedom creating the largest tactical commu- how they would work, and the states, which For this, Malcolm became one of the most dangerous people in the USA, at least for nications network in Army history. For over a would have to administer these laws, haven’t those who oppress us. decade Alan has been tested in conflict and even been consulted. Administratively these Malcolm did not stop there. Linked to his hardened in battle to become one of the provisions seem difficult to implement, at best. understanding of human rights, Malcolm Army’s finest and most experienced Signal Congress should never go about loading also situated our struggle for human rights Corps commanders. something like this onto a bill without full de- alongside the struggles that were underway Alan is a consummate professional whose bate, but that’s exactly what has happened in in Asia, Africa, the Caribbean and Latin performance personifies those traits of cour- this case. America for national independence and lib- age, competency and commitment that our na- Certainly, there are parts of this supple- eration. Again, following in the footsteps of tion has come to expect from its Army officers. freedom fighters going back to the early 19th mental spending bill that I strongly support. century, Malcolm insisted that to only view It is with sadness that we will wish him God- The $650 million for tsunami relief and recon- our struggle through the prism of North speed and good luck as he leaves Fort Hood struction is very important. It is disappointing, American eyes would be to condemn our for his new assignment. however, that the conference report does not struggle to failure. As such, Malcolm paid Alan’s career has reflected his deep com- include the amendment I introduced that was attention to educating Black America to the mitment to our nation, and has been charac- attached to the House version, which would relevance of struggles underway overseas, terized by dedicated, selfless service, love for have devoted $3 million for UNFPA’s vital such as the movement in the Democratic Re- soldiers and their families and a commitment work in the tsunami region. This money would public of the Congo for complete freedom to excellence. I ask Members to join me in of- from both the Belgians and the USA. He was have greatly benefitted pregnant tsunami- also an early and incisive critic of the ex- fering our heartfelt appreciation for a job well stricken women by fostering better maternal panding U.S. aggression in Indochina. done and best wishes for continued success health and reducing infant mortality. To build ties, Malcolm spent time devel- to a great soldier and friend—Colonel Alan R. The improvement in death benefits for the oping bonds of friendship and comradeship Lynn. military in this bill are crucial, and they are a with some of the most important inter- f long time in coming. I also support the provi- national leaders of the struggles for national sions to aid the peace in the Sudan, as well liberation of the 1960s. These were not sym- H.R. 1268, EMERGENCY SUPPLE- as development assistance the president pro- bolic, but represented an attempt to build al- MENTAL APPROPRIATIONS ACT posed for the West Bank and Gaza. lies who could be called upon to support our struggle for freedom. Nevertheless, this administration must en- For this, Malcolm became one of the most HON. CAROLYN B. MALONEY force a better accounting of the taxpayer dangerous people in the USA . . . at least for OF NEW YORK money it spends. Before I can vote for another those who oppress us. For us, the oppressed, IN THE HOUSE OF REPRESENTATIVES enormous expenditure of the American tax- he was our champion. Far from being a sav- Wednesday, May 18, 2005 payers’ money for this war, I must be con- ior, Malcolm saw himself as a spokesperson vinced that this administration will keep tabs for a movement; yet never more important Mrs. MALONEY. Mr. Speaker, because of on the money and make sure our troops get than the movement. He understood that it is this administration’s lack of accountability for the equipment they need. Doing so will be people in motion rather than individual lead- the money sent for the war in Iraq, I could not good for the war effort, and will be good for ers who shift the tracks of history. support this, the third emergency spending bill And so, it is time to again remember Mal- our troops. for Iraq, when the House first voted on it in colm and to cherish him through continuing f in his footsteps, footsteps that were molded March. It now comes back to us from the con- by an insistence on struggle, audacity, and, ference in worse shape than it was before, LANCE CORPORAL JONATHAN yes, love for his people. and I again cannot support it. GRANT f The administration sold this war to the American people and Members of Congress CONGRATULATIONS AND BEST HON. TOM UDALL under false pretenses, and the American peo- OF NEW MEXICO WISHES TO COLONEL ALAN R. ple cannot continue to indefinitely fund this ad- IN THE HOUSE OF REPRESENTATIVES LYNN ministration’s gross incompetence, particularly without any real oversight tied to it. Mean- Wednesday, May 18, 2005 HON. CHET EDWARDS while, important priorities here at home like Mr. UDALL. of New Mexico. Mr. Speaker, I OF TEXAS homeland security and education go wanting rise today to honor the life of Lance Corporal IN THE HOUSE OF REPRESENTATIVES for money. We have a new record level of Jonathan Walter Grant. debt, a record budget deficit and a record Jonathan lived his life by always putting oth- Wednesday, May 18, 2005 trade deficit. ers first, and last Wednesday he made the ul- Mr. EDWARDS. Mr. Speaker, I rise to rec- Mr. Speaker, my father and brother have timate sacrifice while serving in Iraq. ognize a great Army officer and soldier, Colo- both fought in wars for our country, and I sup- Lance Corporal Grant was among the six nel Alan R. Lynn, and to thank him for his port and honor our troops. I want nothing but Marines killed during combat ‘‘Operation Mat- contributions to the Army and the country. On the best protection and best equipment for ador’’ when their troop transporter rolled over Thursday, June 2, 2005 Colonel Lynn will re- them. Still, despite the hundreds of billions in a roadside bomb in the Al Anbar Province. linquish command of the Army’s 3rd Signal taxpayer money that has been spent on Iraq, Just 23-years-old, Jonathan lived life always Brigade which is stationed at Fort Hood, a recent New York Times report detailed how showing courage and maturity beyond his Texas for reassignment to the Army Staff in our soldiers in Iraq still are ill-equipped for the years. He was born in the Pojoaque Valley of Washington, DC. resistance they face. Why hasn’t the money New Mexico and raised by his grandmother Colonel Lynn began his military career in first and foremost gone to supply our troops Margie Warner, who he loved dearly. He re- 1979 following his graduation from the Univer- with the equipment they need as quickly as ceived his general equivalency diploma in the sity of Pennsylvania at California, Pennsyl- possible? year 2000 and joined the Marines in 2002, vania. Commissioned as an Air Defense Artil- There have been independent audits show- working the entire time to support his family lery officer from ROTC he completed several ing billions of dollars in Iraq that have been and build a future. successful assignments in the Air Defense Ar- misspent or that have simply gone missing. Upon his planned return from Iraq this Octo- tillery before he transferred to the U.S. Army And there still is little to no oversight—there ber, Jonathan was planning to marry his high Signal Corps. During Operations Desert Shield still is no open and honest accounting—to school sweetheart and fiance´e, Eva Maestas. and Desert Storm he served as the 1st Bri- keep this administration in check, as they Eva—who is now a kindergarten teacher—and gade Signal Officer with the fabled 101st Air- have repeatedly missed deadlines to detail the Jonathan had been together for 7 years. Jona- borne Division. In 1997, he commanded the past, current and future spending. than leaves behind Eva, their 5-year-old 13th Signal Battalion, 1st Cavalry Division This bill now includes the REAL ID Act, daughter Cynthia, and their 17-month-old son both at Fort Hood, Texas and in Bosnia with which is an entirely separate issue from fund- Evan. Task Force Eagle. Colonel Lynn took com- ing and should have no part of this bill. I am As Cynthia and Evan get older, they can al- mand of the 3rd Signal Brigade, Fort Hood, very concerned about the implementation of ways be proud of their father, Lance Corporal Texas on June 13, 2002. He deployed the Bri- such sweeping provisions in this manner. Jonathan Walter Grant, a Marine—who always

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.018 E19PT1 E1012 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 rose to the challenge and served our country of cultural service to the citizens of north- us to this place today. This is a bridge over proud. eastern Pennsylvania and beyond, some of truly historic waters—the wide Missouri. Our heartfelt prayers and sympathies are whom travel great distances to attend and The river is central to the history of those with Jonathan’s family and friends during their who have lived in this region. The Indians enjoy the Fiesta. Clearly, the Fiesta has en- who lived along its banks inspired the river’s time of great loss. We will always remember riched the lives of hundreds of thousands of name. The word ‘‘Missouri’’ is believed to his bravery and the sacrifice he made while people and our community is a far better place have derived from the Indian word for serving our nation. because of it. ‘‘canoe’’, and the Missouri Tribe were known f f as the ‘‘people of the wooden canoe.’’ French trappers encountered the Missouri CONGRATULATING THE WILKES- DEDICATION OF THE CONGRESS- Indians in the late 1600s in present day Sa- BARRE FINE ARTS FIESTA ON MAN IKE SKELTON BRIDGE line County. Another native group, the Lit- THE OCCASION OF ITS 50TH AN- tle Osage, lived in this area during the 1700s. NIVERSARY Scholars say that both tribes used the river HON. EMANUEL CLEAVER for transportation and trade with the Euro- OF MISSOURI peans. HON. PAUL E. KANJORSKI IN THE HOUSE OF REPRESENTATIVES In addition to the heritage of the Indians OF PENNSYLVANIA who made their home along the river, the IN THE HOUSE OF REPRESENTATIVES Wednesday, May 18, 2005 legacy of the French trappers endures. The Wednesday, May 18, 2005 Mr. CLEAVER. Mr. Speaker, it has come to names the French gave to the tributaries my attention that Highway 13 Missouri River that flow into the Missouri River still adorn Mr. KANJORSKI. Mr. Speaker, I rise today Bridge has been named for my good friend, our maps: Tabeau Creek, the Lamine River, ask you and my esteemed colleagues in the Chouteau Creek, and the Moreau River. and fellow Missourian, The Honorable Ike House of Representatives to pay tribute to the After the fledgling United States of Amer- Skelton. The dedication ceremony took place Fine Arts Fiesta in Wilkes-Barre, Pennsyl- ica purchased the Louisiana territory, Lewis on May 14, 2005, in Lexington, Missouri, Mr. vania, which is celebrating 50 years of artistic and Clark’s Corps of Discovery traveled Skelton’s hometown. I know that all the Mem- these waters, following the river across the and cultural presentation to the citizens of bers of the House will join me in congratu- continent. In fact, our new bridge is quite northeastern Pennsylvania. near the spot in present-day Ray County Founded in 1956 under the leadership of lating Mr. Skelton on this honor. Mr. Skelton’s remarks at the event are set forth as follows: where Lewis and Clark’s party of explorers Annette Evans, Ruth Schooley and Alfred made camp in June 1804. Groh, the Fine Arts Fiesta is the oldest full- Thank you so much, Joe Aull, for your Fifteen years later in 1819, a U.S. Army scale arts festival in the Commonwealth of generous introduction. Members of the Mis- Corps of Engineers expedition to explore the souri General Assembly, Ray and Lafayette Pennsylvania. Missouri River and its tributaries dem- County neighbors, and my fellow Missou- onstrated the potential usefulness of the Making the event even more special is the rians. fact that it has never charged the public for river for the movement of goods, settlers, Today, we dedicate an engineering feat— and troops. It also led to the Corps’ assign- admission, preferring to make the event open the magnificent new bridge across the wide ment to tame the river for navigation, re- to anyone, regardless of ability to pay. In- Missouri. What an opportunity to kindle moving the treacherous snags that endan- stead, the Fine Arts Fiesta, always held on pride in our community and pride in our gered boats and steamboats. Wilkes-Barre’s historic Public Square, has state. This is truly a moment to remember. The Missouri artist George Caleb Bingham managed to fund itself through state grants Anyone who lives around here or who trav- immortalized the jolly flatboatmen who els along this portion of Highway 13 can tes- and voluntary contributions from individuals, plied the waters of this river as the frontier tify that for years people have asked, ‘‘when opened in the early to mid–1800s. The corporations and foundations. are we going to get a new bridge?’’ More re- Throughout its history, the Fine Arts Fiesta flatboatmen were known for their songs, cently the question has changed to, ‘‘when is their chanties, including the beautiful and has always highlighted children’s entertain- that new bridge going to open?’’ So believe haunting American folk song, Shenandoah. ment. me, I think it is impossible to exaggerate The now-familiar boatmen’s song, which told At noon on May 24, 1956, then Mayor Lu- what a very happy day this is for those who of a trader who loved the daughter of Indian ther M. Kniffen sounded the Old Ship Zion bell have waited so long for this day to arrive. Chief Shenandoah, made its way down the and the Fine Arts Fiesta was born. It was also According to the Roman orator Cicero, the Missouri and Mississippi Rivers to the Amer- a highlight of Wilkes-Barre’s Sesquicentennial greatest of all virtues is gratitude. And, I ican clipper ships, and thus around the want to express my gratitude to my neigh- that was being observed in 1956. world. bors, the members of the Highway 13 Mis- In the years to come, steamboats made the Dr. Eugene S. Farley, then president of souri River Bridge Dedication Steering Com- Wilkes College, offered remarks and stressed river their home. From about 1819 to 1881, mittee, the members of the Missouri Depart- steamboats paddled the river, taking settlers the interrelation between the Wyoming Val- ment of Transportation, and the members of west and carrying trade goods and merchan- ley’s cultural assets and the economic and in- Missouri’s General Assembly for the naming dise. Lexington became a major steamboat dustrial well being of the community. He con- of this bridge. Most of all, I am grateful to port, where manufactured goods from St. cluded that the Fiesta plays a significant role my wife, Susie, for her tireless support that Louis and other points east were unloaded, in the overall growth of the community. allows me to carry out my public service. I and raw materials were loaded to travel By 1962, the Fine Arts Fiesta had grown to must add that I am pleased that so many of down river. include 36 organizations. More than 1,000 vol- my high school graduating class are with us Local shores witnessed one of the darkest today. unteers were working to present artistic dis- days of the steamboat era when the steam- I acknowledge this honor with a deep sense boat Saluda called on the Port of Lexington plays from virtually every art and craft. of humility. Representing Missourians is in 1852. Encountering problems with the riv- In 1963, Mrs. C. Wells Belin, of Scranton, a such a privilege, as I have had a love affair er’s current and heavy running ice, the leader in the local art world, delivered the Fi- with the State of Missouri all my life. Suf- Saluda’s boilers exploded and more than 200 esta’s opening address. She spoke of the fice it to say that I will endeavor, in the passengers and crew perished. ‘‘four great assets of Fiesta.’’ She went on to days and years ahead, to merit this high During the War Between the States, describe those assets as ‘‘public relations honor. steamboats carried troops and acted as value . . . positive example for other cities This day opens a notable chapter in the armed transports, patrolling the river for history of Ray and Lafayette Counties, and . . . importance to industries already here and Confederates attempting to cross the wide in the history of our State. The taxpayers Missouri. those planning to come here and, finally, as a generously paid for the bridge and the sur- In the days before a bridge crossed the way of helping people broaden their horizons rounding roads, with the politicians and gov- wide Missouri here, ferries enjoyed brisk and appreciation of culture and the arts. ernment officials setting aside the money— business. The first ferry was established in Also in 1963, The Fine Arts Fiesta gained almost $53 million in Federal and State 1819 by Lexington’s founder, Gilead Rupe. national recognition after George Ralston, funds for the bridge itself. But the achieve- Both the steamboat and the ferry operations chairman of the Wilkes-Barre Recreation ment lies in the skill of the designers, engi- lost customers as railroads began to lay Board, nominated the Fiesta for an award neers, and laborers whose work translated their tracks throughout the west, but the from the National Recreation Committee. That our dream of a new bridge into reality, pro- ferry business held on, providing river cross- viding us with a safe way to travel and tak- ing services until the opening of the bridge award was presented to Fiesta founder An- ing us into the future, across the wide Mis- in 1925. nette Evans in the presence of the late U.S. souri. Attempts to bridge the river between La- Congressman Daniel J. Flood. But because this is such a momentous day, fayette and Ray Counties were made in 1889 Mr. Speaker, please join me in congratu- it is appropriate to look back and reflect on and 1894, before what we now call the ‘‘old lating The Fine Arts Fiesta on a half century the previous chapters of our history that led bridge’’ was built across the wide Missouri.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.021 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1013 Construction began in 1922, and the bridge millions of cubic yards of debris washed down others. His colleagues remember him as opened on November 25, 1925. Even today, we the river valleys and into the Columbia River. someone who always had the knack for pro- can relate to the excitement and the antici- Tons of ash were strewn across eastern viding excellent insight and courageous guid- pation of those citizens who were anxious to use the bridge for the first time. Washington and into the Earth’s stratosphere. ance on countless situations aimed at enhanc- As we dedicate the new bridge, we open a After 18 years of relative quiescence, Mount ing the professionalism of the MPDP. He was new chapter of our history on the Missouri St. Helens’ volcano recaptured the world’s at- helpful to many junior officers, assisting them River. For almost 80 years, the old bridge tention in September of 2004 when it showed in their professional growth and development has served us faithfully. But after decades of signs of reawakening. On September 23 a to help them qualify for higher rank and re- service, it didn’t take an engineer to spot se- swarm of small, shallow earthquakes began in sponsibility, and he did this without asking rious problems. With portions of the old and beneath the 1980–1986 lava dome. Activ- anything in return. A respected member of the bridge floor falling through, and the crum- ity has continued on and off since then, with Phi Beta Sigma Fraternity, he was a golf en- bling of the sides, and the rusting of the su- the lava dome growing and letting off periodic perstructure, many have feared that our con- thusiast who was also fascinated with com- tinued use of the old bridge was an invita- steam eruptions. puters. tion to tragedy. The new bridge comes none To protect the safety of communities located Captain Alexander Ashe, Jr. is survived by too soon. near Mount Saint Helens, I worked with Con- his wife, MDPD Officer Patricia Ashe, son The safety factor is the most immediate gressman NORM DICKS and Senator PATTY James Ashe IV; daughters MDPD Officer benefit of the new bridge for those who cross MURRAY to secure an additional $1.5 million Deidre Ashe, Jasmine and Rene; his mother, the wide Missouri at this point. Countless for the United States Geological Survey in the Jefferine Richards, his extended police family drivers have suffered from white knuckles on Emergency Supplemental to conduct the nec- and numerous other relatives and friends. As the steering wheel every time they crossed essary monitoring of Mt. St. Helens. This fund- a public servant, Captain Ashe truly exempli- the old span. Safety comes first, but we cannot under- ing will increase the safety of citizens living fied a unique leadership whose courageous vi- estimate how important modem and well- near the area and help protect commercial air- sion and genuine caring for his fellow officers maintained roadways are for local economic craft. and the people whom he pledged to serve and development. A bridge that meets modem Today, to commemorate Mt. St. Helens’ 25 protect evokes the character of his humanity. standards will enable companies and manu- years of recovery and renewal, people are This is the legacy he left behind and it is how facturers to deliver and receive the goods gathering at Weyerhaeuser’s Forest Learning we will always remember him. they need to conduct business. It will allow Center at Mount St. Helens to reflect on the f farmers to safely transport agricultural 1980 devastation and celebrate 25 years of goods. It will allow residents and visitors nature’s recovery, including the return of for- IN RECOGNITION OF THE 2005 U.S. alike to travel freely and frequently. PHYSICS OLYMPIAD TEAM This bridge symbolizes progress and that ests, plants, and wildlife. Additionally, essential quality of American optimism: Weyerhaeuser is pledging $1 million in wood faith in the future; belief in ongoing pros- products, funding, and volunteer labor to help HON. VERNON J. EHLERS perity; and our continuing effort to improve build Habitat for Humanity homes at the 2005 OF MICHIGAN our country that has allowed America to Jimmy Carter Work Project and in other com- IN THE HOUSE OF REPRESENTATIVES prosper. munities across the United States and Can- Wednesday, May 18, 2005 For thousands of years, the river has been ada. witness to history. The new bridge will bear Mr. EHLERS. Mr. Speaker, I rise today to f witness as those who cross the wide Missouri honor the achievements of the members of follow this road and add new chapters to the TRIBUTE TO THE LATE history of America. the 2005 United States Physics Olympiad Today, we celebrate. This achievement is a ALEXANDER ASHE, JR. Team. These 24 individuals have shown tre- milestone for our state of Missouri. When mendous aptitude in physics and leadership you cross the bridge over the Missouri River, HON. KENDRICK B. MEEK amongst their peers. look down, and in your mind’s eye, imagine OF FLORIDA It is very challenging to earn a spot on this the boatmen of the early 1800s as they pole IN THE HOUSE OF REPRESENTATIVES prestigious team. After being nominated by their flatboats down the river toward the their high school teachers and taking a pre- Port of St. Louis. And, if you listen intently, Wednesday, May 18, 2005 liminary exam, 200 students qualified to take you will hear them singing that chanty of the day— Mr. MEEK of Florida. Mr. Speaker, I want to the second and final screening exam for the bring to the attention of my colleagues the U.S. Physics Team. The 24 survivors of that Shenandoah, I long to hear you, Away, you rolling river, passing of Captain Alexander Ashe, Jr., an ac- group represent the top physics students in Oh, Shenandoah, I long to hear you, complished law enforcement professional and the U.S., and they are now at a 9-day training Away, I’m bound away, tireless community servant and activist, who camp of intense study, examination and prob- ’Cross the wide Missouri. died last Friday, May 13, 2005. Captain Ashe lem solving. Five of these students will ad- f joined the Miami-Dade Police Department vance and compete for our country in July at (MDPD) in December 1973. He leaves behind the International Physics Olympiad in RECOGNITION OF 25TH ANNIVER- a legacy of achievement and inspiration, for Salamanca, Spain. SARY OF MT. ST. HELEN’S ERUP- he was an example of what genuine caring Members of the 2005 team include: Thomas TION and unrelenting commitment can accomplish. D. Belulovich, David Chen, Timothy F. Credo, His passing is a great loss for our community. Nickolas A. Fortino, YingYu Gao, Sherry HON. BRIAN BAIRD To let you know the kind of man Captain Gong, Timothy H. Hsieh, Anthony E. Kim, OF WASHINGTON Ashe was, I want to share with my colleagues John Y. Kim, Jenny L. Kwan, Chor Hang Lam, IN THE HOUSE OF REPRESENTATIVES this passage from his last job evaluation, in Samuel S. Lederer, Menyoung Lee, David Lo, 2002, which included the following: ‘‘He has Anton S. Malyshev, Sarah E. Marzen, Eric J. Wednesday, May 18, 2005 demonstrated concern for his subordinates, Mecklenburg, Aaron H. Potechin, John D. Mr. BAIRD. Mr. Speaker, I rise today in rec- making himself available for guidance and di- Schulman, William T. Throwe, Madeleine R. ognition of the 25th anniversary of the eruption rection. He encouraged his personnel to seek Udell, Ameya A. Velingker, Daniel P. Whalen of Mt. St. Helens. personal growth through departmental training and Fan Zhang. At 8:32 a.m. on May 18, 1980, Mount St. and the promotional process.’’ MDPD Major Mr. Speaker, as a nuclear physicist and for- Helens erupted. The eruption lasted 9 hours, Chester Butler described Captain Ashe as mal physics professor, I have worked to pro- killed 57 people, and devastated 234 square ‘‘. . . someone who thought along the same mote math and science education and to em- miles of land. The landscape and community line as I did . . . it was the best working rela- phasize the pivotal role these fields play in our of southeast Washington were forever altered. tionships I’ve been fortunate to have in my ca- nation’s economic competitiveness and na- The eruption was triggered by an earth- reer. I could always depend on him to be tional security. Educating our K–12 students in quake measuring 5.1 on the Richter scale that there for me.’’ math and science is very important. It is en- shook the northern face of the mountain, As a resident of our community, he provided couraging to see so many young, outstanding causing a massive avalanche of rock debris. great wisdom and inspiration on issues affect- physics students enthusiastic about science. I This landslide opened a crater that engulfed ing the Miami-Dade Police Department and hope their enthusiasm will be contagious to the mountain’s summit and produced a mas- was willing and ready to give of himself and other students who will be drawn to chal- sive lateral blast eruption. Mudflows carrying put his problems on the back burner to help lenging and rewarding careers in math and

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.025 E19PT1 E1014 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 science. I am very thankful for these future has three sons, Michael, Andrew and Patrick Iraqi people and a source stability and calm in leaders and ask that you please join me in with four grandchildren, Morgan, Drew, Paul Iraq and move to remove them from the ter- congratulating them on their wonderful and Brad. rorist list, which would in turn lead to the re- achievements. Mr. Speaker, Harper Davis has now been moval of the restrictions placed on them.’’ f coaching football for over 50 years and he Lt. Colonel Thomas Cantwell: ‘‘When I continues today at Jackson Academy, where moved up into northern Diyala province [in RECOGNIZING JULIUS HARPER four of my sons attend. His gentle firmness Iraq], the relationship with the Mojahedin with DAVIS and wise lessons continue to build young men the local community helped me in that regard, in Mississippi. I am glad to recognize him I think because most of the local sheiks, un- HON. CHARLES W. ‘‘CHIP’’ PICKERING today and honor a lifetime of service. derstanding as part of the Sunni triangle, OF MISSISSIPPI f weren’t exactly trusting of coalition forces but IN THE HOUSE OF REPRESENTATIVES they seemed to have some level of trust with EXCERPTS FROM CONGRESSIONAL the Mojahedin, and so what I sought to get Wednesday, May 18, 2005 BRIEFING BY IRAN HUMAN them to come in to get to speak to them and Mr. PICKERING. Mr. Speaker, recently, RIGHTS AND DEMOCRACY CAU- to understand what their issues were, was Millsaps College in Jackson, Mississippi dedi- CUS their security issues, their infrastructure repair cated Harper Davis Field to a man who issues, they lack of support issues, and to try coached there for 25 years, and who has built HON. TOM G. TANCREDO and help them understand what our operations a lifetime legacy of service to sport and his fel- OF COLORADO were doing and to ensure that they under- low man across the state. Coach Harper IN THE HOUSE OF REPRESENTATIVES stood why we were under taking our oper- Davis, affectionately called ‘‘Hippo’’ by friends ations. It certainly helped to have that friendly and teammates, called the rededication of Wednesday, May 18, 2005 relationship that they had with the Mojahedin Millsaps’ Alumni Field to him the ‘‘greatest Mr. TANCREDO. Mr. Speaker, last month, because it helped me to break the ice with the honor of my life.’’ And while leading the leaders and representatives of 65 Iraqi political local sheiks which I think was important. My Millsaps Majors he built a record of 138–79– parties and groups unveiled a petition signed mission had several different aspects to it. On 4 including an undefeated season in 1980, his by 2.8 million Iraqis, sharply criticizing neigh- the one hand, we had a Geneva Convention life has much more to honor. boring Iran’s interference in Iraq and warning responsibility to safeguard the Mojahedin, and At age 17, Harper Davis left his Delta home of the specter of ‘‘Islamic fundamentalism’s this was a real possibility since there was evi- in Clarksdale, Mississippi and enlisted in the stealthy domination’’ of their country. Iraqi sig- dence at the camp that the camp had been US Marines Air Corps as a pilot to serve his natories included ethnic Arabs, Kurds, and previously attacked by the Iranian govern- Nation in World War II. After the War was Turkmen, from different religious backgrounds, ment.’’ over, he was met at Texas Grand Prairie Air including Sunni Muslims, Shiite Muslims, Captain Vivian Gembara: ‘‘As a soldier and Station by Mississippi State University assist- Christians, and people of other faiths. a lawyer I believe it’s time to change their ant coach Phil Dickens who had the Bulldogs’ The petition offered strong support to the (MEK) classification as a terrorist organization. playbook in hand. Two days later they arrived main Iranian opposition group, the People’s Two years ago we could say clearly or argue in Starkville for two practices before his first Mojahedin Organization of Iran (PMOI). The that it was in all of our best interest to main- game where Davis scored two touchdowns as Iraqi statement said that the PMOI was fight- tain this label, even despite Special Forces MSU defeated Auburn 20–0. Two days of ing a ‘‘legitimate struggle against an unjust recommendations out of natural weariness. study and two days of practice were followed dictatorship’’, adding Iran’s meddling was the Now two years have passed and I think it’s by two touchdowns. In addition, during those biggest cause of instability in present-day Iraq. crucial that we acknowledge that the situation two days, Harper Davis met Camille, his future They also said the PMOI should be recog- has changed, and we need to reassess. The wife. He would go on to be named to the AII– nized in Iraq as ‘‘a legitimate political move- potential benefits of working together definitely SEC team while at State where he also ran on ment’’ and the rights of its members, under overshadow previous concerns or hesitations the school’s track team. He was co-captain of Iraqi and international law, fully respected. A that we had. Next of course is identifying your the football team, voted Best Athlete, Presi- Congressional Briefing was convened by Iran allies, and over two years have passed now dent of the ‘‘M’’ Club and named ‘‘Mr. Mis- Human Rights and Democracy Caucus on since I met with the MEK but my question is sissippi State University.’’ Additionally he was May 10, 2005 to discuss these developments. still the same and hasn’t changed at all. It’s a member of the Kappa Sigma Fraternity, Om- I ask that the following excerpts of the wit- basically why we can’t take maximum use of icron Delta Kappa, Blue Key and the Colonels nesses’ speeches, as follows, be entered into the assets and potentials of this ally here? ’’ Club. the RECORD. Furthermore, I ask that it be Dr. Kenneth Katzman: ‘‘The broader re- He graduated from Mississippi State with a noted that the remarks of those witnesses gional effects of the pro-Iranian tilt of the new bachelor of science degree in business fi- connected to the US military are not to be at- Iraqi government are hard to discern. It is like- nance and mathematics in 1948, in 1962 tributed to the U.S. Department of Defense, ly that the new Iraqi government might support earned a master’s degree in education admin- but taken as personal observations offered by Iran against international criticism of Iran’s istration. each witness. growing nuclear program. Iraq might move After leaving Mississippi State University, Dr. Abdullah Rasheed Al-Jabouri, Former closer to Iranian positions on the Arab-Israeli Harper Davis was a first-round draft choice of Governor of the Iraqi Province of Diyala: ‘‘I peace process. It is also likely that the Shiite- both the Chicago Bears of the National Foot- must emphasize that among the 2.8 million dominated new government of Iraq will sup- ball League and the Los Angeles Dons of the Iraqis who signed the petition of support, there port other Shiite movements in the region, All-American League. Harper Davis played are many Kurds, Turkomans, Shiites and such as in Bahrain, Kuwait, and Saudi Arabia. one year with the Dons before the league fold- Christians. Last June, 50,000 Iraqis attended a Some commentators say Iraq’s new leaders ed and then went on to play with the Bears as major gathering at Ashraf, which I addressed, are likely to remain wary of Iran exercising well as the Green Bay Packers. Many consid- and in May, 500,000 Iraqis signed a petition substantial influence in Iraq. They note that ered him the fastest man in the NFL. calling for the continued presence of the group most Iraqi Shiites generally stayed loyal to the Over the years, Harper Davis has coached in Iraq as a legitimate political force. The fact Sunni-dominated Iraqi regime during the Iran- the backfield at his alma mater as well as is that by virtue of espousing an anti-fun- Iraq war. Most Iraqi Shiites appear not to want head coach at West Point High School, and damentalist Islam, the Mojahedin has emerged a cleric-run Islamic regime.’’ Columbus High School before arriving at as a major bulwark against the rise of Islamic f Millsaps College. He has been inducted into fundamentalism in Iraq, and especially the Ira- IN MEMORY OF MAJOR EDDIE the Mississippi State Sports Hall of Fame and nian meddling. They have developed strong WHITEHEAD the Mississippi Sports Hall of Fame and was ties with the local people and the many tribes named Mississippi Sportsman of the Year in in the province. The sheer presence of the HON. J. D. HAYWORTH 1976. He has been honored nationally for his Mojahedin (MEK) was providing security to the OF ARIZONA contributions to the sport of football and his region because the people in the province IN THE HOUSE OF REPRESENTATIVES work with the Cystic Fibrosis Foundation. have complete trust in them. It is my hope that Harper Davis is a member of Christ United as we and the U.S. grapple with the problem Wednesday, May 18, 2005 Methodist Church and with his now departed of insurgency in Iraq, the United States would Mr. HAYWORTH. Mr. Speaker, on May 27, wife, the former Camille Hogan of Starkville, realize that the Mojahedin are friend of the 2005 a courageous and distinguished Marine

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.028 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1015 will be laid to rest in Arlington National Ceme- TRIBUTE TO JENNY PHILLIPS As I prepare for all the freedoms and re- tery. Major Eddie Whitehead, a respected sponsibilities of adulthood, I remember these Vietnam veteran who proudly served his coun- definitions of freedom I have inherited, and HON. SHELLEY MOORE CAPITO strive to make ones of my own—not only as try in the United States Marine Corps for 28 OF WEST VIRGINIA the first generation of my family born in a years, will be laid to rest today among other IN THE HOUSE OF REPRESENTATIVES new country, but also as an American youth great American heroes at Arlington National Wednesday, May 18, 2005 at the birth of a new century. Sitting in the Cemetery. On February 25, 2005 Major White- hall between classes, my friends and I dis- head lost his battle with cancer, and all who Mrs. CAPITO. Mr. Speaker, I rise today to cuss the faults of our school’s administra- knew and loved him will miss him, including ask my colleagues to pay tribute to a woman tion, the right to same-sex marriage, the jus- his wife Bonnie, son Eddie Jr., daughters who has made an incredible difference in the tification for the Iraq War. We feel it is our lives of my fellow West Virginians. Jenny Phil- right to know and evaluate our sur- MitziLynn Keegan and Christian Thijm, sister roundings, to speak and have our ideas re- Mitzi Datres, and grandchildren Derek and lips has served honorably as the West Virginia USDA Rural Development Director, and is re- sponded to. Casey Jene. Let us pause to remember him I believe that freedom in the 21st century and thank an American hero. tiring with a record of accomplishment that de- means the liberty of individuals, regardless serves our thanks and praise. Our State has of age, race, gender, or class, to express many assets, as well as many needs. Jenny f themselves in their own words, and to use has a unique ability to bring people together those words to shape history. We celebrate IN MEMORY OF OFFICER JAMES for a common cause, to bring the resources of it, and yet we never stop fighting for it. I am Korean-American, I am young, and I am free. DANIEL JONES the Federal Government to partner with com- munities to solve problems and build for the I speak—not always articulate, not often future. Whether it was basic necessities such right, but always in my own words. I speak, and I listen. HON. JOE BACA as water and sewer lines and affordable hous- ing, or visionary projects such as high-speed f OF CALIFORNIA internet access to bring health care, education LETTER TO PRESIDENT BUSH RE- IN THE HOUSE OF REPRESENTATIVES and high-tech jobs to rural areas, Jenny deliv- GARDING LUIS POSADA ered for West Virginia. We are taught to al- CARRILES Wednesday, May 18, 2005 ways leave a place better than we found it. Jenny Phillips has been the embodiment of HON. DENNIS J. KUCINICH Mr. BACA. Mr. Speaker, it is with great re- those values in her life and career. All West spect that I pay tribute today to the life of OF OHIO Virginians and Americans thank her for her ex- IN THE HOUSE OF REPRESENTATIVES James Daniel Jones. James was a man of emplary service and send our sincere best great integrity and character, who honorably wishes for her retirement. Wednesday, May 18, 2005 served both his country and his community. f Mr. KUCINICH. Mr. Speaker, today 20 Rep- James passed away on May 10, 2005 at the resentatives sent to President Bush the fol- age of 75. He was born in Minden, Louisiana, TRIBUTE TO MIHAN LEE lowing letter regarding the asylum application but in 1957 made his home in Barstow, Cali- of terrorist Luis Posada Carriles and the extra- fornia, where he resided until his passing. HON. CHRIS VAN HOLLEN dition request from Venezuela: James married Louvern Redwell in 1953, and OF MARYLAND DEAR MR. PRESIDENT: We are writing to they had seven children, including my good IN THE HOUSE OF REPRESENTATIVES urge you to oppose the application for asy- friend Brian Jones. Wednesday, May 18, 2005 lum by Luis Posada Carriles, and to support the request for extradition to Venezuela, James honorably served our country Mr. VAN HOLLEN. Mr. Speaker, I rise today where he is a fugitive from justice. throughout his life. He was drafted into the to pay tribute to Mihan Lee, an 11th-grader Posada, a CIA-trained Cuban exile, is one United States Army in 1951 and served for 2 who lives in my Congressional district and at- of only two prime suspects in the bombing of years and was honorably discharged. He went tends Georgetown Day School. Recently, she a Cuban civilian airliner, which killed all 73 on to spend 32 years as a civil employee of competed against nearly 5,400 middle and people onboard on October 6, 1976, according the U.S. Marine Corps. high school students nationwide in an essay to FBI investigators and declassified docu- ments. The plane had originated in Caracas In addition to serving his country, James contest titled ‘‘Lincoln and a New Birth of and was bound for Cuba, with a stop in Bar- also served the people of his community. He Freedom.’’ Her essay, ‘‘A New Country, a New bados. The bomb went off as the plane was volunteered at the Mojave Valley Senior Cit- Century, a New Freedom’’ earned her grand leaving Barbados. izen Center and provided transportation for the prize honors. The contest was held to com- In addition to the Cuban airline bombing, memorate the opening of the Abraham Lincoln Posada is implicated in an act of terrorism sick and the elderly. He also was active in the that took place on American soil, here in lives of the youth in the community, as an Presidential Library and Museum in Spring- field, Illinois. Mihan, a 17-year-old, second- Washington, DC. On September 21, 1976 East Barstow Little League coach. He also former Chilean government minister Orlando had a deep relationship with Christ, and was generation Korean-American, read her award- Letelier and his American associate, Ronni an active member of the Union Missionary winning prose during the dedication ceremony. Moffit, were killed by a car bomb near Baptist Church. Although Mihan’s essay was not specifically Sheridon Circle. The bombing was one of the about President Lincoln, she captured his worst acts of foreign terrorism on American James was preceded in death by his par- message of freedom and courage in a story soil to that date. ents, Eli and Freelove Jones; his brother, An- about her great-grandfather, who lived in Carter Cornick, a retired counterterrorism drew Jones; and his three sisters, Donnie Korea under Japanese colonization. specialist for the FBI who worked on the Jones, Lorean Stewart and Ella Mae Andrews. Mr. Speaker, I applaud Mihan Lee and wish Letelier case, said in an interview that both her continued success in the years ahead. I the airline bombing and the Letelier bomb- He is survived by his beloved and dear wife ing were planned at a June 1976 meeting in of 52 years, Louvern Jones; his sister, Mary submit her essay for the RECORD. Santo Domingo attended by Posada in addi- Helen Smith; his brother, Eddie Jones; and his A NEW COUNTRY, A NEW CENTURY, A NEW tion to others. Mr. Cornick said that Posada seven children, Loretta Johnson, Shirley FREEDOM was involved ‘‘up to his eyeballs’’ in plan- Sherrod, Donny Jones, Donie Elliott, Jennifer My understanding of freedom is inex- ning the attacks. At the time of the bomb- Jones-Scott, Vivian Brooks and Brian Jones. tricably tied up with my understanding of ings, Venezuelan police found maps and He is also survived by twelve grandchildren, language. My great-grandfather, in 1940s other evidence in Posada’s Venezuelan home Korea, was arrested for putting together the that tied him to the terrorist acts. Further- two great-grandchildren, and many nieces, first Korean dictionary, when the language more, a recently declassified 1976 F.B.I. docu- nephews, and other relatives and friends. had been banned by the Japanese govern- ment confirms Posada’s presence at two Mr. Speaker, today I am proud to pay tribute ment. My great-grandfather believed that meetings in the Anauco Hilton Hotel in Ca- to James Jones, a man who improved the words, the medium by which we formulate racas where the airline bombing was and share ideas, can bind and break the very planned. lives of those he knew. James will be missed ideas they express if the language is that of Posada, a dual citizen of Venezuela and by many in his community, but he will certainly an oppressor. He fought for the freedom of Cuba, and a former Venezuelan intelligence not be forgotten. He leaves behind him a leg- his people to express ideas in their own agent, was jailed in Venezuela for the airline acy of caring and compassion, of unselfish words; in so doing, he defended their very bombing, but then escaped from prison in dedication to his community and his country. right to have ideas. 1985 while awaiting trial.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K18MY8.002 E19PT1 E1016 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 After escaping prison, Posada continued to and Jordan, all countries whose abusive Unit at the Marine Corps Institute, Security terrorize civilians, and even boast publicly practices have been documented and con- Detachment Commander at Camp David, about his crimes. In a 1998 interview with the demned by the State Department’s annual White House Social Aide, and Leader of the New York Times, he claimed responsibility human rights report, then the United States for organizing a series of bombings aimed at must surely apply this policy to Venezuela, a Special Ceremonial Platoon. Cuban hotels, department stores and other nation with a Constitution that specifically In April of 1971, Peter was promoted to the civilian targets during the summer of 1997. prohibits torture and provides for the pros- rank of Captain, and was later assigned to a The bombings killed an Italian tourist and ecution of officials who instigate or tolerate Security Detachment in Thailand. In the late injured 11 other human beings. torture. 1970’s, then-Captain Peter Pace held the po- Perhaps realizing he had not helped him- Many innocent victims who happened to be sition of Operations Officer and Division Staff self or his cause, Posada later retracted his Cuban died at the hands of Posada, in a Secretary at Camp Pendleton in Southern statements. crime similar to that which killed innocent California, where he later served as Com- In November 2000, Posada was arrested in American victims on September 11, 2001. It is Panama for preparing a bomb to explode in not only inconceivable to imagine the possi- manding Officer of the 2n Battalion, First Ma- the University of Panama’s Conference Hall, bility of granting this terrorist asylum, but rines Division following his promotion to the where Fidel Castro was going to deliver a also of denying justice to all of the victims rank of Major in June of 1980. After heading speech. Hundreds of people were expected to of his crimes. Such actions would go against up a Marine Corps Recruitment Station in Buf- attend this event, and had Cuban intel- everything that your Administration has falo, NY and attending the National War Col- ligence not uncovered the plot beforehand, claimed to stand for in the ‘‘War on Ter- lege, Major Pace was promoted to the rank of there would have been massive civilian cas- rorism.’’ It is our hope that for the sake of Colonel in October of 1988, and advanced to ualties. Posada was convicted in a Panama- all the families of terror casualties in the the rank of Brigadier General in April of 1992. nian court only to be pardoned by Panama- United States and around the world that nian President Mireya Moscoso just days be- Luis Posada Carriles is not granted asylum He was then appointed as President of the fore she left office in August 2004. in the United States, and that he is right- Marine Corps University before assuming var- Moscoso’s successor, Martin Torrijos, criti- fully extradited to Venezuela where he will ious other commands. In recent years, as cized the pardon, aptly noting, ‘‘For me, finally face justice. Vice-chairman of the Joint Chiefs of Staff, there are not two classes of terrorism, one Sincerely, General Pace has been instrumental in shap- that is condemned and another that is par- Dennis J. Kucinich, Raul M. Grijalva, ing the Pentagon’s efforts in the war on ter- doned. ‘‘ Jose´ E. Serrano, Barbara Lee, Cynthia Similarly, in 1989, when the Justice De- rorism. McKinney, Maurice Hinchey, John W. Mr. Speaker, I ask my distinguished col- partment was considering the asylum re- Olver, Bobby L. Rush, James P. quest of Posada’s fellow Miami militant, and McGovern, Edolphus Towns, Donald M. leagues to join me in giving our heartiest con- suspected co-conspirator in the Cubana Payne, Sam Farr, Lane Evans, Bennie gratulations to General Peter Pace, the new bombing, Orlando Bosch, then-Associate U.S. G. Thompson, Carolyn B. Maloney, Ed Chairman of the Joint Chiefs of Staff of the Attorney General Joe D. Whitley said, ‘‘The Pastor, Tammy Baldwin, Sheila Jack- United States Armed Forces, and a proud ex- United States cannot tolerate the inherent son Lee, Lynn Woolsey, Maxine Wa- ample of the Teaneck Public School System. inhumanity of terrorism as a way of settling ters. His remarkable achievements and tireless disputes. Appeasement of those who would use force will only breed more terrorists. We f service to his country, the United States Ma- rine Corps, and his fellow servicemen and must look on terrorism as a universal evil, IN RECOGNITION OF GEN. PETER women clearly are a tremendous source of even if it is directed toward those with whom PACE, CHAIRMAN OF THE JOINT we have no political sympathy.’’ pride for all Americans and especially all his CHIEFS OF STAFF Aside from the United States’ foreign pol- friends and family from New Jersey. icy regarding Cuba, our stated, official na- f tional security policy against terrorism is HON. STEVEN R. ROTHMAN unequivocally clear. OF NEW JERSEY PERSONAL EXPLANATION On September 19, 2001, Mr. President, you eloquently reaffirmed our national policy IN THE HOUSE OF REPRESENTATIVES against terrorism: ‘‘Anybody who harbors a Wednesday, May 18, 2005 HON. J. GRESHAM BARRETT terrorist, encourages terrorism, will be held OF SOUTH CAROLINA Mr. ROTHMAN. Mr. Speaker, I rise today accountable. I would strongly urge any na- IN THE HOUSE OF REPRESENTATIVES tion in the world to reject terrorism, expel with great pride in honoring an extraordinary terrorists. ‘‘ individual, Marine Corps General Peter Pace, Wednesday, May 18, 2005 On August 26th, 2003 you said, ‘‘If you har- who was recently nominated to serve as the Mr. BARRETT of South Carolina. Mr. bor a terrorist, if you support a terrorist, if Chairman of the Joint Chiefs of Staff of the Speaker, due to obligations in South Carolina, you feed a terrorist, you are just as guilty as United States Armed Forces. General Pace the terrorists.’’ The National Security Strat- I unfortunately missed recorded votes on the egy of the United States, released in 2002 was raised in Teaneck, New Jersey, one of House floor on Monday, May 16, 2005. stated, ‘‘No cause justifies terror. The the largest municipalities in the Congressional I ask that the RECORD reflect that had I United States will make no concessions to District that I am privileged to represent. Gen- been able to vote that day, I would have voted terrorist demands and strike no deals with eral Pace has risen to become the first Marine ‘‘yes’’ on rollcall vote No. 171 (Motion to Sus- them. We make no distinction between ter- to lead the Joint Chiefs of Staff, an honor that pend the Rules and Pass H.R. 627—Linda rorists and those who knowingly harbor or he has earned through decades of hard work White-Epps Post Office), ‘‘yes’’ on rollcall vote provide aid to them.’’ and determination. His story is a source of in- No. 172 (Motion to Suspend the Rules and Not only must the United States reject the spiration to every resident of the Garden asylum application of Luis Posada Carriles, Pass H. Res. 266—Peace Officers Memorial a known international terrorist, but Posada State. Day), and ‘‘yes’’ on rollcall vote No. 173 (Mo- should also be returned to Venezuela for a The son of an Italian immigrant, Peter Pace tion to Suspend the Rules and Pass H.R. proper adjudication of the case against him. was born in Brooklyn, New York, and moved 2107—National Law Enforcement Officers Me- Posada was a dual citizen of Venezuela and to Teaneck with his family the following year. morial Maintenance Fund). Cuba, he plotted terrorist crimes from Ven- After settling down in a home on Hillside Ave- f ezuela, including the bombing of the civilian nue, Peter quickly became involved in local airline flight that had originated in Ven- youth athletics. While attending Teaneck High IN HONOR OF ALICE YARISH ezuela, and he escaped from a Venezuelan School, Peter worked hard and achieved aca- prison. As a sovereign nation, Venezuela has the right to pursue justice in this case. demic excellence, which resulted in his ac- HON. LYNN C. WOOLSEY Posada’s lawyer Eduardo Soto has objected ceptance to the United States Naval Academy OF CALIFORNIA to his client’s return to Venezuela, arguing in 1963. IN THE HOUSE OF REPRESENTATIVES that he could be tortured there. To satisfy Upon graduation from Annapolis and suc- such concerns, the United States should cessful completion of The Basic School in Wednesday, May 18, 2005 abide by its standard policy on these mat- Quantico, VA, Peter Pace was assigned to the Ms. WOOLSEY. Mr. Speaker, I rise today to ters, which according to William Haynes II, 2nd Battalion, 5th Marines, 1st Marine Division honor Alice Yarish of Marin County, California, general counsel of the Defense Department, ‘‘is to obtain specific assurances from the re- in the Republic of Vietnam and served as a who died at the age of 96 on May 9, 2005. ceiving country that it will not torture the Rifle Platoon Leader. After returning from his Alice was a fixture of the Marin community for individual being transferred to that coun- combat duty in Vietnam, Peter served in a many years, known as much for her out- try.’’ If this policy is applied in the transfer- number of different staff and command posi- spoken and occasionally flamboyant personal ring of prisoners to Syria, Morocco, Egypt tions, including Head of the Infantry Writer style as for her crusading journalism.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.033 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1017 Born in Nevada and raised in Redondo one major difference from previous gradua- [From the Sioux Falls Argos Leader, May 15, Beach, CA, Alice’s first foray into journalism tions—it will mark the last time that Dr. Karen 2005] was a stint as the high school correspondent Herzog presides over her students in her offi- A DEVOTED LIFE for the city’s South Bay Breeze. She grad- cial capacity as the college’s President. (By Jill Callison) uated from the University of Southern Cali- As such, I rise today to honor Dr. Karen MITCHELL.—ELEANOR MCGOVERN ENTERED fornia during the depression and, unable to Herzog for her distinguished academic career MARRIAGE HOPING ONLY THAT HER HUSBAND, find a job, enrolled in law school, continuing a and commitment to higher education. Dr. GEORGE, WOULD RETURN FROM WAR UN- family tradition. She could not afford to com- SCATHED. Herzog grew up in Carthage, Missouri and If he did come back, she expected to be the plete the program and supported herself as a studied at Ozark Christian College in nearby wife of a history teacher. social worker for the next five years. Joplin where she earned a B.A. in literature. Instead, she found herself spending more In 1942 Alice married Peter Yarish who was She subsequently earned a master’s degree in than 50 years as a politician’s wife. But she in the Air Force. A few years later the couple American literature from Kansas State Univer- also carved out a place for herself, becoming moved to Hamilton Air Force Base in Marin sity and later a Ph.D. in higher education pol- more than ‘‘the wife of.’’ where Alice lived the life of a military wife for icy from the University of Kansas. Indeed, George McGovern’s career—which includes 12 years as a U.S. senator, Demo- several years while raising four children. In Dr. Herzog started her academic career at 1952, when her children were school-age, she cratic presidential candidate and ambas- the Metropolitan Community College District sador to United Nations agencies—may not was able to return to journalism at the age of system located in the greater Kansas City have soared as high as it did without his 43. First a reporter for the San Rafael Inde- area where she taught English. After fifteen wife’s support, some say. pendent Journal, she later worked for the years, Dr. Herzog moved into an administra- ‘‘He may not have had the political career Santa Rosa Press Democrat and the Novato tive role at the college. She rose through the he has had without her,’’ says Judy Har- Advance before establishing the Marin News ranks and eventually assumed the position of rington of Hill City, who served as George Bureau for the San Francisco Examiner. In Associate Vice Chancellor of Education. In McGovern’s state representative from 1973 to 1970 she became the assistant editor of the 1980. 1999, East Central College offered Dr. Herzog ‘‘I think her support, her insights, ideas Pacific Sun where she gained a reputation for the Presidency, which she accepted. and gentle corrections have helped him all dry wit, investigative coverage of local govern- For the past six years, Dr. Herzog has along his path of public service.’’ ment, social commentary on the hippie scene, made an indelible mark on the students of The senator himself describes his wife of 61 and a strong passion for social justice. East Central College and residents of Franklin years as his most helpful critic and most Prison reform became one of Alice’s special County. She has chaired the Franklin County trusted adviser. On June 23, ground will be broken for a crusades after she met well-known inmate Economic Development Council and been a George Jackson who was later killed in an at- new library and center for public service at member of the Franklin County Family and Dakota Wesleyan University in Mitchell. tempted outbreak. ‘‘Jackson opened my eyes Children Mental Health Board, the Washington The building will carry two names: George and filled me with information which I had not 353 Redevelopment Corporation and the and Eleanor McGovern. known before,’’ she wrote. ‘‘I was shocked by Union Rotary Club. While at East Central, Dr. ‘‘Eleanor’s done a lot of great things, and what I learned . . . prisons tend to be breed- Herzog established a centralized Learning we’re proud of her at Dakota Wesleyan,’’ ing grounds of crime, generators of bitterness, Center for students, earned full ten-year ac- says Greg Christie, vice president for institu- destructive of men’s souls. They are a failure.’’ creditation from the North Central Association tional advancement. A 1972 series on abuses in the Marin Coun- But a public life can come at a cost. of Colleges and Schools and attained record Eleanor McGovern, now 83 and growing ty Drug Abuse Bureau led to its abolition and enrollment levels. Dr. Herzog has clearly had frail, prefers to shun the spotlight that once replacement with an agency which operates a positive impact on the community, on East shone on her family, sometimes with a under review by elected officials and city man- Central College, and most importantly, on the scorching heat. agers. This series led to an Award for ‘‘Best students that have received a quality edu- ‘‘George still travels a lot, but I don’t go Story in a Bay Area Paper’’ from the San cation as a result of her efforts. with him very often,’’ she says, sitting in the Francisco Press Club. Alice’s enjoyment of her living room of their Mitchell ranch-style It has been a pleasure working with Dr. house. ‘‘Going from city to city and lecture work and zest for life were contagious, wheth- Herzog and I wish her continued success in er leading her home-town parade in her newly to lecture isn’t my idea of fun. I like to go her future endeavors. Her dedication to Mis- to one place and stay for a while.’’ purchased red convertible at the age of 77 or souri’s students is exemplary and deserving of Last week, the McGoverns took off on a serving actively with community agencies such commendation. For these reasons, it is my three-day trip to reach their summer home as the Adult Criminal Justice Commission, the pleasure to rise and share her accomplish- in southwestern Montana, in the shadow of Marin Association for Mental Health, and oth- ments with my colleagues. the Bitterroot Mountains. ers. The trip takes three days, Eleanor McGov- Alice is survived by her four sons, Peter, f ern says, to make it easier on the pets, an 8- year-old Newfoundland named Ursa and a 1- Tom, Anthony, and Robin Ell, and by seven TRIBUTE TO ELEANOR MCGOVERN year-old tortoiseshell cat found on the high- grandchildren and three great-grandchildren. way. Its name, she admits with a trace of Mr. Speaker, as a self-described ‘‘outspoken HON. JAMES P. McGOVERN embarrassment, is Kittycat. broad,’’ Alice championed those who couldn’t OF MASSACHUSETTS Ursa, they say, is George’s dog. But the speak out for themselves and inspired others nurturing Newfie proved her loyalty about IN THE HOUSE OF REPRESENTATIVES to do likewise. We will miss her fearless voice, three years ago. Eleanor McGovern had fall- her compassion, and most of all her un- Wednesday, May 18, 2005 en, breaking her leg in two places. She dragged herself to her bedroom but was un- daunted spirit. Mr. MCGOVERN. Mr. Speaker, when able to reach the phone. Ursa curled herself f George McGovern ran for president in 1972, around the prone woman for 24 hours, until IN HONOR OF DR. KAREN HERZOG his wife Eleanor inspired the slogan, ‘‘Put an- help arrived. other Eleanor in the White House.’’ Eleanor Yet, although she’s often alone and some- McGovern, like Eleanor Roosevelt, has a deep times lonely, Eleanor continues to support HON. KENNY C. HULSHOF love for this country and has dedicated much her husband’s public service, no matter how OF MISSOURI of her life to causes and campaigns that would often he must leave. IN THE HOUSE OF REPRESENTATIVES make this country—and the world—a better ‘‘She started off carrying that load when Wednesday, May 18, 2005 he was gone in the war after they were mar- place. ried,’’ says Paul Jensen of Rapid City, a Mr. HULSHOF. Mr. Speaker, on May 20th, I’ve known Eleanor for many years and longtime friend. East Central College in Union, Missouri will have admired her intellect and compassion. ‘‘But today I am more aware of the jux- watch with pride as young men and women She was an early advocate for early childhood tapositions of love and deprivation in my receive their diploma and enter the working education and, like her husband, has been a childhood, of freedom and responsibility in world. Commencement is a joyous time filled voice of peace and tolerance. my youth, and of tenderness and chaos in my with celebrations and happiness, but also sad- Mr. Speaker, I would like to insert into the maturing years. Without those myriad strands it would have been more difficult, I ness and trepidation as students begin their RECORD a recent article about Eleanor know, to accept the different drives and na- adult lives and careers in new cities, often McGovern which appeared in the Sioux Falls tures of five children, to support a gentle, leaving friends behind. Argus Leader on May 15th. I ask all my fellow questing man as he moved from teaching to East Central College’s upcoming graduation colleagues to join me in paying tribute to this the ministry to politics, and to keep some- will be no different. There will, however, be remarkable woman. thing in reserve for myself.’’ From ‘‘Uphill:

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.037 E19PT1 E1018 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 A Personal Story’’ by Eleanor McGovern ‘‘I had really wanted to get pregnant,’’ she The sadness from her daughter’s death will with Mary Finch Hoyt. says. ‘‘George was going overseas, and I never leave Eleanor McGovern. Eleanor McGovern began that uphill climb wanted to have a baby.’’ ‘‘There are pictures of her in the bed- Nov. 25, 1921, when she arrived 30 minutes He would not see Ann until she was 5 room,’’ she says. ‘‘When I go by, I always after the birth of her twin, Ila. months old. find myself softly reaching out and touching Her parents, Earl and Marian Stegeberg, After the war, he completed his degree at her picture.’’ farmed near Woonsocket. It was a hard life, DWU. The son of a Wesleyan Methodist pas- Her husband later wrote a book about their made even more difficult by the early death tor thought he, too, would follow that path. daughter, ‘‘Terry.’’ It was therapy for him, of her mother when the twins were 11 and As a student pastor’s wife, Eleanor McGov- she says, but Eleanor McGovern has chosen their sister, Phyllis, was 4. ern had her first taste of being in the public to speak only rarely about her daughter’s ad- Her father withdrew into a sadness that eye. dictions. truly never broke until the birth of his first ‘‘A lot is expected of a minister’s wife,’’ It’s OK that they have differences of opin- grandchild, the McGoverns’ oldest daughter, she says. ‘‘And with two children very small ions, he says. Ann, in 1945. (daughter Susan had arrived a year after ‘‘We don’t worry about the fact that some- Eleanor and Ila became the family house- Ann), I wasn’t ready.’’ times there could be a little tension and dif- keepers. In any case, it didn’t last long. George ferences of opinion and irritation,’’ he says. ‘‘I have a memory of trying to bake a McGovern left seminary, earning a doctorate ‘‘We just take that as a part of life. You cake,’’ Eleanor McGovern says. ‘‘I had a rec- in history. He taught at DWU before leaving can’t expect complete harmony in a mar- ipe, but I came to an ingredient I didn’t to help reinvigorate the South Dakota riage. You have to give the other person a know—baking powder. So I left it out. That Democratic Party. little freedom, too, to move to the things was a very flat cake.’’ Three more children, Teresa, Steven and that they’re interested in.’’ In high school, the twins stayed in Mary, arrived. ‘‘Even today I have fleeting pangs of anx- Woonsocket, doing housekeeping in ex- And in 1955, Eleanor McGovern officially iety when I leave where I am to go to some- change for room and board. They took turns became a politician’s wife when her husband place else. I can describe it only as a vague going home weekends. ran for the U.S. House of Representatives. ‘‘I sense of loss of place.’’ Living in town allowed them to take part was happy when George went into politics,’’ So he travels the country, and she gen- in activities such as debate. That was how she says. ‘‘People in my family cared about erally stays home. they first encountered a Mitchell teenager what was happening in the country.’’ ‘‘She’s had lots of opportunities in her life- who already had made a name for himself. The first campaign was the toughest, she time to be in the public eye, and she goes out George McGovern and his partner debated says. Then, they fell into a similar rhythm. of her way to stay out,’’ Christy says. ‘‘Some the Stegeberg twins—and lost. She began the last campaign, in 1980, with time ago she decided to let George do that.’’ ‘‘Having high admiration for George, we typical humor. As a temporary home in The death of her sister, Ila, in 1996 also was adore the woman who beat him,’’ says Har- Mitchell, staffers rented the McGoverns an a blow. ‘‘It left quite a void in my life,’’ Elea- rington, McGovern’s former state represent- aging apartment, with linoleum floors, an- nor says. ative. cient cupboards and poor lighting. Books can’t fill that gap, but they often But the two didn’t really meet until they ‘‘When George and Eleanor arrived for the fill her days. Her husband calls her the best- were freshman at DWU. In ‘‘Uphill,’’ Eleanor first time to see it—looking ever so much read woman he knows. Eight or 10 magazines McGovern talks about how he asked her on a like an apartment they had when they first come to the house every week; she reads first date. married—Eleanor looked around, smiled and Now she admits she had advance warning. them all. said, ‘Well, George, it looks like we’re start- She loves birds, particularly meadowlarks. Eleanor worked in the dean’s office, Ila down ing over,’ ‘‘ Harrington says. ‘‘They didn’t Mayer remembers taking Eleanor McGovern the hall. Ila stuck her head in the door to seem to mind at all.’’ out in the prairie to hear their sweet sound. tell her sister a request for a date was com- While he served in Congress, she pursued When time wouldn’t permit, a local radio an- ing. her own interests, primarily children and ‘‘And don’t you dare refuse him,’’ Ila nouncer would tape the bird calls for her. families and the choices confronting women hissed at her twin. It would take her home, even in a Wash- ‘‘It never occurred to me he would ask me as the stay-at-home ’50s transformed into ington, D.C., suburb. for a date,’’ Eleanor McGovern says. ‘‘He was the turbulent ’60s. ‘‘Many times I ached for Woonsocket and a big man on campus.’’ Eleanor McGovern spoke out for adequate Mitchell, for cottonwoods and elms, for ‘‘I’d say within a year of that our first date day care. ‘‘She was ahead of her time in ac- schools, shops, markets, doctors’ offices, I was pretty sure Eleanor was the one,’’ cepting that as appropriate,’’ says Berniece more often than not sprinkled with dear George McGovern says. Mayer of Sioux Falls, a former McGovern friends or relatives, all within walking dis- ‘‘It was a dreamy spring. I had never staffer. tance.’’ Until the demands of her husband’s polit- known anything like it before. My only con- f cern was that George might not care so ical career—particularly his bid for the pres- much as I. Then on a beautiful clear after- idency in 1972—required her to travel, Elea- HONORING TOM GREEN FOR HIS noon he urged me to skip class with him and nor McGovern served as, often, a single par- SERVICE TO TENNESSEE as we strolled slowly down the street south ent. of campus, he reached down and took my ‘‘I’m sure Eleanor’s had periods where she hand. I had my answer. A clasping of hands wishes she’d never been married to a politi- HON. JIM COOPER meant everything then.’’ cian, somebody running for Congress, run- OF TENNESSEE Their campus life was short. Eleanor ning for the Senate, running for the presi- IN THE HOUSE OF REPRESENTATIVES dency, running, running, running,’’ George McGovern quit her business courses at DWU. Wednesday, May 18, 2005 Her sister left for Rochester, Minn., and McGovern acknowledges. nurse’s training, and Eleanor gave financial ‘‘There was one period when I was rep- Mr. COOPER. Mr. Speaker, I rise today to support. resenting South Dakota in the House of Rep- pay tribute to Mr. Tom Green. The humorist The world had changed, too. After Pearl resentatives when I came out here 25 week- Will Rogers once said that the secret of his ends in a row, and that plays havoc with Harbor was bombed on Dec. 7, 1941, George success was that he never met a man he McGovern volunteered for service in the your wife and your kids,’’ he says. Army Air Corps. He was called up in 1943. ‘‘I was determined to help with George’s didn’t like. The same can be said of Tom The couple considered delaying marriage career, not only by taking responsibility for Green. He makes friends with everyone, ev- until after he returned from combat but de- the family, but by contributing ideas. In eryday, everywhere. He is the ultimate people cided not to wait. On Halloween Day 1943, fact, I never considered it ‘George’s’ career— person, always asking—and, much more im- they were married in the Methodist church it was ‘ours.’ ‘‘ portant, caring—about you, your family, your in Woonsocket. Sometimes Eleanor McGovern did think friends, and remembering the details perfectly ‘‘Stop!,’’ she says, but ‘‘I never said it. It ‘‘My father liked George very much, but he for decades. I wish I had a fraction of his tal- didn’t think we should get married, and he meant so much to him. He loved being a poli- said he would not take part in the wedding,’’ tician, and he accomplished a lot.’’ ent. Eleanor McGovern says. ‘‘But he came that But if she could change anything, she Tom is well known back home for his won- day and gave me away.’’ would not have moved the children so often. derful family, for his continuing and tireless ef- The newlyweds took a train to Muskogee, ‘‘If I had to do it over again, I’d stay with forts benefiting the Natchez Trace Parkway, Okla., the next day, Eleanor sometimes sit- them in South Dakota,’’ she says. as well as for his dedication and service to ting on their suitcase in the aisle. The McGoverns have 10 grandchildren and Nashvillians during his long business career She lived alone in a rented bedroom while one great-grandchild. A second great-grand- and, more recently, as a key member of my her husband returned to the base. They saw child is on the way. each other twice a week. Their children are scattered from Montana district staff. She followed him to Kansas, Texas, Ne- to England. There are only four now, since The Natchez Trace is the pioneer roadway braska and Idaho, before returning home to their middle child, Terry, died in 1994, after that connected Nashville with the lower Mis- await the birth of their first baby. years struggling with alcoholism. sissippi River at Natchez. In modern times

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.041 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1019 the Trace fell into disuse and was nearly lost ville Downtown Rotary Club and Christ the encourage early literacy skills so children to history. In 1934, Congress ordered a survey King Catholic Church and finds time to volun- enter school prepared for success in reading. of the old wagon road, and, in 1937, provided teer at the Nashville’s ‘‘Room in the Inn’’ pro- President Bush included Reach Out and initial funding for construction of what would gram for the homeless and at St. Thomas Read in his fiscal year 2006 budget request, eventually become the 444-mile-long Natchez Hospital. Pat is a renowned local teacher who continuing a multi-year effort to support this Trace Parkway running through rural Mis- is directly descended from Abraham Lincoln’s vital reading program. Reach Out and Read sissippi, Alabama and Tennessee. Today, the first-grade school teacher. Needless to say, has a strong track record of raising non-fed- Parkway is one of the most visited national the Green family is well educated. eral dollars and is capable of more than dou- parks and serves as a unique thoroughfare, Tom’s generous spirit and joyful approach to ble the impact of its 2006 appropriation. In allowing us to ride in comfort along an ancient life immediately come to mind when anyone January Reach Out and Read undertook a trail through some of the most beautiful sce- thinks of him. No matter how busy his day major 2-year initiative to increase the number nery in our country. may be, Tom always has a smile, an encour- of children reached by 50 percent through Tom has helped the Natchez Trace Park- aging word and a couple of minutes just to mid-2007. This bold step will greatly increase way for decades, from the days of legendary talk . . . sometimes more than a couple of the number of West Virginia children who Congressmen Jamie Whitten of Mississippi minutes. He’ll pick up the conversation just grow up in a household where early reading is and Tom Bevill of Alabama. He worked hard where you left it . . . the day before, a week encouraged. to secure federal funding to complete and or a month ago. He always knows the news Reach Out and Read assists families and beautify the Parkway. Everyone associated and has lots of tips about everyone’s back- communities in encouraging early literacy with the Parkway knows that Tom is a great ground, interconnections, and exactly how to skills so children enter school prepared for organizer, motivator, and promoter of the approach everyone. His mind is better than a success in reading. The continued support of Trace. Just stop and eat a ham biscuit at the computer database. There’s never been any- this program is critical to the success of the famous Loveless Cafe´ at the head of the one like him. Reach Out and Read program. Trace and you’ll hear Tom’s name mentioned Of course, I am the lucky one. Tom Green frequently and with deep respect. Without has been a key part of my office staff for the f Tom’s efforts, the Natchez Trace Parkway past several years. No one could ask for a TRIBUTE TO CHUCK AND SHELBY would not be the link between the past and fu- more positive, uplifting presence in the office, OBERSHAW ture of our region that it is today. Everyone in or a better person to represent you out in the the Southeast United States is indebted to community. Not only does he know everyone, Tom for his vision. He helped save the Trace he also has great ideas. For example, last HON. JOE BACA before it was too late. year Tom Green persuaded Vernon Winfrey to OF CALIFORNIA His tireless work on the Natchez Trace make available Oprah Winfrey Scholarships to IN THE HOUSE OF REPRESENTATIVES Parkway is just one of his important contribu- Nashville Tech Community College. Now all Wednesday, May 18, 2005 tions. Tom is a true servant of his community. future generations will benefit from an old Born to remarkable parents in Lewisburg, Ten- interracial friendship, formed on the basis of Mr. BACA. Mr. Speaker, I rise to pay tribute nessee, he served in WWII and came home to taking a business risk to keep the lights on for to two outstanding leaders in my community graduate from the University of Tennessee, decent, hardworking people who were tempo- who are to receive the Golden Baton Award manage the local co-op and open a small rarily down on their luck. from the San Bernardino Symphony Guild in business. He was so popular he was elected I am truly fortunate and want to take this recognition of their proactive role in fostering Mayor of Lewisburg. Later moving to Nash- moment to thank Tom for bringing his integrity, the culture of music in the Inland Empire. ville, he helped many Middle Tennessee busi- his energy and his ever-present sense of Today, I join family and friends in honoring nesses expand, thanks to his keen credit deci- humor to my Congressional team. He can out- Chuck and Shelby Obershaw for their remark- sions while heading up industrial development work a dozen people half his age. I want to able achievements and express enormous projects for Third National Bank. Those years take this moment to publicly offer my thanks, pride in this recognition that has been afforded were the golden age of Third National under and the thanks of everyone in the 5th Con- to them. the leadership of the legendary Sam Fleming, gressional District of Tennessee, for Tom Chuck Obershaw was raised in the Inland but it was men like Tom Green that brought Green’s extraordinary service to our commu- Empire where he devoted himself to his fam- the loans to the bank. Money is a commodity; nity, our state and our country. ily, friends and community. He selflessly served as a para-glider trooper in the 187th customer relationships are more precious than f gold. regiment of the 11th Airborne Division before Tom went on to help all Nashvillians when SUPPORTING REACH OUT AND returning to San Bernardino in the 1940s. he spent more than a decade as the associate READ PROGRAM Chuck’s accomplishments are as remark- general manager of the Nashville Electric able as they are diverse. He has served as Service, the local electric utility. Just one of HON. SHELLEY MOORE CAPITO President of the San Bernardino Area Cham- the many people Tom helped was an African- OF WEST VIRGINIA ber of Commerce, the San Bernardino Motor American barber in a poor part of town. The IN THE HOUSE OF REPRESENTATIVES Car Dealers, the Air Force Association, and barber would call Tom to tell him about an up- the Norton Air Force Base Chapter. In these standing citizen who just couldn’t pay their Wednesday, May 18, 2005 capacities, he has been an integral contributor electric bill that month, but would pay when Mrs. CAPITO. Mr. Speaker, today I rise in to the management and administration of com- they found work. He asked Tom to keep their support of the Reach Out and Read program. munity affairs and worked tirelessly for a bet- lights on and Tom did just that. As a former The Reach Out and Read Program is a pro- ter way of life for all of San Bernardino’s resi- banker, Tom knew how to make character gram that promotes early literacy by making dents. loans, whom to trust and whom not to. Despite reading a standard part of pediatric primary Shelby Obershaw also proved the impor- being a monopoly, NES kept the goodwill of care by encouraging doctors and nurses to tance of serving your community. After moving its hardworking customers and Tom made advise parents about the importance of read- to San Bernardino in 1959, she dedicated all even more lifelong friends at a time when ing to children. Reach Out and Read pro- her energy to shaping the minds of the future most white Nashvillians did not care much grams are located in over 2,000 hospitals and leaders of tomorrow as a dedicated teacher in about goodwill in the black community. The health centers around the country. Annually, various area high schools. barber is still in business in the same location more than two million children participate in Her list of accolades is no less illustrious. and I have visited his barbershop with Tom. Reach Out and Read. My district is proud to They include election to the San Bernardino The barber’s name is Vernon Winfrey, and he have 14 Reach Out and Read programs that City Unified School District Board of Edu- is the father of Oprah Winfrey. Tom bent over provide over 15,000 books to nearly 11,000 cation, serving as President for 2 years, Direc- backwards to help him before he had any real- West Virginia children annually. I have partici- tor of the San Bernardino Chamber of Com- istic hope of fame or fortune. That’s the kind pated three times in Reach Out and Read merce, and member of the San Bernardino of guy Tom is. Programs in Kanawha and Roane Counties in Chapter of the National Assistance League. Married for 53 years to Pat Green, the my district. She has also received the California PTA Greens are the parents of four outstanding By building on the unique relationship be- Honorary Service Award and the Citizen grown men and grandparents of eleven chil- tween parents and medical providers, Reach Achievement Award from the League of dren. Tom is an active member of the Nash- Out and Read helps families and communities Women Voters.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.044 E19PT1 E1020 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 Throughout their lives, Chuck and Shelby 2005, as Friedreich’s Ataxia Awareness Day SUPPORTING THE GOALS AND Obershaw have exhibited kindness, love, hu- to show our concern for all those families af- IDEALS OF PEACE OFFICER ME- mility, and a deep resolve to ameliorate all as- fected by this disorder and to express our sup- MORIAL DAY pects of community life, so it is only appro- port and encouragement for their efforts to SPEECH OF priate that they receive the Golden Baton achieve treatments and a cure. Award. Mr. Speaker, I am proud to recognize Chuck HON. EDDIE BERNICE JOHNSON f and Shelby Obershaw and express my sincere OF TEXAS IN THE HOUSE OF REPRESENTATIVES admiration that they have received this won- STATEMENT INTRODUCING derful and well-deserved honor. REPEAL OF SELECTIVE SERVICE Monday, May 6, 2005 f Ms. EDDIE BERNICE JOHNSON of Texas. RECOGNITION OF FRIEDREICH’S Mr. Speaker, this week marks National Police ATAXIA AWARENESS DAY HON. RON PAUL Week, with May 15th designated as Peace Of- OF TEXAS ficers’ Memorial Day. It’s a week where we HON. JOHN A. BOEHNER pay tribute to our nation’s law enforcement of- IN THE HOUSE OF REPRESENTATIVES ficers. In recognition of this event, I would like OF OHIO acknowledge the efforts of our federal, state IN THE HOUSE OF REPRESENTATIVES Wednesday, May 18, 2005 and local law enforcement. Without their cour- Wednesday, May 18, 2005 Mr. PAUL. Mr. Speaker, I am today intro- age, commitment, and ability to meet the Mr. BOEHNER. Mr. Speaker, I rise today in ducing legislation to repeal the Selective Serv- many challenges, our lives as Americans support of Friedreich’s Ataxia Awareness Day, ice Act and related parts of the United States would be very different. Simply put, law enforcement officers risk which is recognized each year on the third Code. The Department of Defense, in re- their lives so that others are protected. Every Saturday in May. sponse to calls to reinstate the draft, has con- Friedreich’s ataxia is a life-shortening neuro- day these brave men and women go to work firmed that conscription serves no military logical disorder usually diagnosed in child- knowing there is a possibility they may not need. hood, causing weakness and loss of coordina- come home. tion in the arms and legs; impairment of vi- Secretary of Defense Donald Rumsfeld is Last year, 153 police officers were killed in sion, hearing and speech; scoliosis, diabetes; on record citing the ‘‘notable disadvantages’’ the line of duty. That is 153 fathers, mothers, and a life-threatening heart condition. Most pa- of a military draft, adding, ‘‘. . . there is not a brothers, sisters, daughters, and sons who tients need a wheelchair full-time by their draft. . . . There will not be a draft.’’ weren’t able to go home to their families at the twenties. Life expectancy is reduced to early end of the workday. This is only the most recent confirmation adulthood. There is currently no effective treat- The Dallas Police Department has lost a ment or cure for Friedreich’s ataxia. Sadly, I that the draft, and thus the Selective Service total of 75 police officers: have a young constituent who suffers from this system, serves no military purpose. C.O. Brewer, William H. Riddell, William rare disease, Evan Luebbe. Evan and his fam- Obviously, if there is no military need for the McDuff, Leslie N Patrick, T.A. Tedford, W. Roy ily are working to bring awareness to this dis- draft, then there is no need for Selective Serv- Thornton, Leroy Wood, Johnnie E. Gibson, ease in my district. I am proud of the strength ice registration. Furthermore, Mr. Speaker, Se- John R. Crain, Charles S. Swinney, Dexter and courage he exemplifies as he battles this lective Service registration is an outdated and Clayton Phillips, Clarence Marshall Isbell, Alex W. Tedford, Sam Griffin Lanford, Jesse Em- disease. outmoded system, which has been made ob- Although there is no effective treatment or mett Griffin, Luke J. Bell, Ernest E. Leonard, solete by technological advances. cure available, Friedreich’s ataxia patients and Jr., John W. Dieken, John R. Roberts, Ralph families have more and more reason for real In fact, in 1993, the Department of Defense Wendell Hoyt, Victor Leon Morris, Ernest hope. An extraordinary explosion of research issued a report stating that registration could Elmer Bates, Jr., Preston D. Hale, William Ed- insights has followed the identification of the be stopped ‘‘with no effect on military mobili- ward Stafford, Johnny W. Sides, Leonard C. Friedreich’s ataxia gene in 1996. Since that zation and no measurable effect on the time it Mullenax, Ray Allen Underwood, J.D. Tippit, discovery, research scientists have learned a would take to mobilize, and no measurable ef- Frank Weldon Bennett, James Douglas Stew- great deal about the disorder. We now know fect on military recruitment.’’ Yet the American art, Floyd A. Knight, Robert H. Shipp, Johnnie T. Hartwell, Allen Perry Camp, Carl Jackson what defects in the gene cause the disease, taxpayer has been forced to spend over $500 what protein the gene is supposed to produce, Cooke, Howard Kenton Hicks, Joe Jones, million dollars on an outdated system ‘‘with no what that protein is supposed to accomplish, Levy McQuietor, Jr., Milton E. Whatley, Don- and why a shortage of the protein results in measurable effect on military mobilization!’’ ald P. Tucker, Sr., Leslie G. Lane, Jr., Alvin the cell death that leads to the disease symp- Shutting down Selective Service will give Duane Hallum, Alvin E. Moore, Robert W. toms. Investigators are increasingly optimistic taxpayers a break without adversely affecting Wood, John T. McCarthy, Charles J. ‘‘Chip’’ that they are drawing closer to understanding military efforts. Shutting down Selective Serv- Maltese, Jr., John R. Pasco, Carl J. Norris, more fully the causes of Friedreich’s ataxia ice will also end a program that violates the Ronald D. Baker, Robert L. Cormier, James C. and to developing effective treatments. In fact, very principals of individual liberty our nation Taylor, Thomas Lee Harris, Gary Reeves Blair, James Allen Joe, John Glenn Chase, they have recently declared that, ‘‘in was founded upon. The moral case against Friedreich’s ataxia, we have entered the treat- Gary Don McCarthy, Walter Leon Williams, the draft was eloquently expressed by former ment era.’’ Lawrence R. Cadena, Sr., Lisa L. Sandel, At the National Institutes of Health and President Ronald Regan in the publication Mark L. Fleming, Michael R. Okelberry, Thom- around the world, clinical trials for Friedreich’s Human Events in 1979: ‘‘. . . it [conscription] as G. Burchfield, Sunny Ma Lov, Lawrence ataxia are being conducted on drugs that hold rests on the assumption that your kids belong David Bromley, Harold Lee Hammons, Billy W. real promise. The growing cooperation among to the state. If we buy that assumption then it Daughterty, John Paul Jones, Jr., Richard A. organizations supporting the research, and the is for the state—not for parents, the commu- Lawrence, David R. Galvan, Thomas D. Bond, multidisciplinary efforts of thousands of sci- nity, the religious institutions or teachers—to Henry Allen Brown, Harold F. Baird, Jr., Don- entists and health care professionals, provide decide who shall have what values and who ald F. Flusche, Jr., Christopher K. James, and powerful evidence of the determination to con- shall do what work, when, where and how in Patrick Lee Metzler. quer Friedreich’s ataxia. our society. That assumption isn’t a new one. Mr. Speaker, the risk encountered by law On the third Saturday of May, events will be The Nazis thought it was a great idea.’’ enforcement officers serving in communities held across our country, including one in West throughout this country is enormous; and this Chester, Ohio, to increase public awareness I hope all my colleagues join me in working extraordinary sacrifice is all too often viewed of Friedreich’s ataxia and to raise funds to to shut down this un-American relic of a by- as routine. Police officers put themselves at support the research that promises treatments gone era and help realize the financial savings risk so that our communities can be safe. One for this disease. I applaud the Friedreich’s and the gains to individual liberties that can be week of recognition is simply not enough for Ataxia Research Alliance (FARA) for its con- achieved by ending Selective Service registra- that type of selflessness. America’s men and tributions to these efforts and ask my col- tion. women in uniform give us their best, and they leagues to join me in recognizing May 21, deserve the best from us in return.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.048 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1021 TRIBUTE TO THE LATE EINEZ YAP and her passing is a heavy blow to our com- forming well but with ensuring that they are munity. I know I speak for all my colleagues serving all the children they were intended to. HON. KENDRICK B. MEEK in extending our deepest sympathy and con- This amendment will help to ensure that chil- OF FLORIDA dolences to her husband, George Yap, and dren do not continue to be left behind. I urge IN THE HOUSE OF REPRESENTATIVES son Andrew. my colleagues on the Committee on Education and Workforce to join me in supporting my Wednesday, May 18, 2005 f amendment. HEAD START REAUTHORIZATION Mr. MEEK of Florida. Mr. Speaker, I rise to f pay tribute to the late Einez Yap. Einez Yap, who passed away unexpectedly HON. DENNIS J. KUCINICH TO HONOR MS. EMMA TORRES on May 18, 2005, was a quintessential com- OF OHIO munity activist who went about helping others IN THE HOUSE OF REPRESENTATIVES HON. RAU´ L M. GRIJALVA in a quiet and dignified manner. Her passing Wednesday, May 18, 2005 OF ARIZONA is tragic, not just to her family, but to all those Mr. KUCINICH. Mr. Speaker, the goal of IN THE HOUSE OF REPRESENTATIVES who knew her. Head Start has always been to help young Wednesday, May 18, 2005 She was the visionary behind the establish- children in low-income families, specifically Mr. GRIJALVA. Mr. Speaker, I would like to ment of LEASA Industries in 1977, when it those below the poverty line, prepare for began as a small family-owned business. take a moment to recognize an amazing school. Head Start has focused its resources woman from my district, Emma Torres from Since its humble beginnings in Liberty City, on the children most in need, and has been the company has grown to become one of the Yuma, Arizona. She is a role model and inspi- successful in narrowing the gap between dis- ration for all; her work and dedication was re- largest growers of bean and alfalfa sprouts advantaged children and their peers. Today, and one of the largest manufacturers of tofu cently recognized, internationally, when she we can correct a problem in Head Start and was honored by Mexico’s Ministry of Foreign and suppliers of fresh fruits and vegetables in ensure that it serves all the children it was in- the state of Florida. Affairs with the Ohtli Award. This award ac- tended to. knowledges her contributions to the develop- A dutiful partner and wife to George Yap, The poverty thresholds were developed in President/CEO of LEASA Industries, Einez ment of Hispanic communities and for her the early 1960s and at that time statistics support in social causes. The Ohtli award is was a doting mother and proud grandmother. showed that families typically spent one-third Her business acumen was instrumental in en- given to distinguished Hispanic leaders who of their income on food. The thresholds were devote their lives promoting and fostering the abling LEASA Industries to become a recipient designed to take the costs of the Department prosperity of communities in the United States. of the prestigious National Minority Manufac- of Agriculture’s economy food plan for families The word Ohtli means ‘‘righteous path’’ in turer of the Year Award for 1997–1998 and and multiply the costs by a factor of three. Nahuatl. the acknowledgement of LEASA Industries as Currently, the calculations of the poverty line one of Florida’s fastest growing private com- Emma has been a strong border community for Head Start are adjusted by the Consumer leader and health advocate for migrant and panies by the University of Florida’s Center for Price Index annually to account for the growth Entrepreneurship and Innovation. seasonal farm workers in Western Arizona for in prices. Unfortunately, the current calculation more than 20 years. After losing her husband The tremendous success that Einez enjoyed leaves important factors out of the calculation in business, however, was secondary to her to leukemia in 1982, she turned a personal of the poverty line. and painful life experience into a mission to impact as a community leader. A member of Adjusting only for changes in price growth enhance the quality of life of farm workers. several community organizations, Mrs. Yap ignores the reality that times have changed. It She co-founded and is the current Executive was the resilient president of the Chinese Cul- is not 1965. Today, families are much more Director of Campesinos Sin Fronteras, a tural Foundation and founder of the Organiza- likely to spend significant portions of their in- grassroots, community-based organization that tion of Chinese Americans, as well as the come on housing. It is more likely that both uses education and advocacy to improve the untiring entrepreneur spearheading the annual parents will be working full time jobs. Both standard of living for farm workers. Prior to her celebration of the Chinese New Year Festival childcare costs and the likelihood that a family current position, she was the Field Office Di- in Miami-Dade County for the past decade. will need it have also increased. Additionally, she served on the Board of the Additionally, the failure to adjust the poverty rector for Puentes de Amistad/Bridges in Asian-American Federation of Florida, as well line as wages have grown now means that Friendship under the leadership of the Arizona as Advisory Council of the National Alliance to families in poverty today are worse off relative Border Health Foundation. In 2004, President Nurture the Aged and the Young (NANAY), to the typical family than families in poverty George W. Bush appointed Emma to the US/ Inc. She has been the patroness and bene- were 40 years ago. For instance, the threshold Mexico Border Health Binational Commission. She has pioneered the Lay Health Worker/ factress of many more community organiza- for a family of four, when the poverty thresh- Promotora Model in Arizona since 1987, and tions that are at the forefront of seeking equal- olds were first introduced—$18,810 in 2003 as a certified Inter-Cultural Affairs (ICA) ity of opportunity for minority groups; and she dollars—was 42 percent of the median income facilitator has led efforts to bring adequate has been a featured leader for the Miami- of a family that size. By 2003, the value of the healthcare coverage to our most vulnerable Dade Community Relations Board as it deals poverty threshold for a family of four had fallen populations. with the challenge of inclusion of the to 35.7 percent. Adjusting only for changes in Most recently Emma accomplished one of disenfranchised and the underrepresented in price growth for the past 40 years has slowly her personal dreams—she received her de- our community. eroded the group of intended recipients. Now gree in social work from Northern Arizona Uni- Her contributions to our community were re- we are left with families in need of assistance versity. This is the latest of recognitions for cently acknowledged in March of 2005, when whose children are not even eligible for Head Emma’s commitment, persistence, and belief she was honored as a Pioneer at Miami-Dade Start. in improving one’s personal life and that of County’s ‘‘In The Company of Women’’ This amendment seeks to bridge the gap one’s community. Awards—a distinction previously bestowed on that has been created and ensure that it will Emma’s life is an example to others; pursue the likes of former Congresswoman Carrie not be created again in the future. Currently, one’s dreams, believe in making change, be Meek and U.S. Attorney General Janet Reno, the 2005 poverty line for a family of 3 is strong, and progress will prevail. among others. $16,090. By tying the poverty line to wage Her Catholic faith was the source of inspira- growth, rather than price growth, the poverty f tion and motivation for her reaching out to the line for a family of 3 would become $19,610. TRIBUTE TO MS. JACQUELINE H. downtrodden—as evidenced by her commit- The increase in the poverty line produced by SMITH, NORTH MIAMI BEACH ment early on at LEASA Industries to employ this change by no means raises eligibility to COUNCILWOMAN hard-to-place and at-risk residents. include every child who could benefit from ‘‘They’re God’s people, too—and are in Head Start. But this adjustment will signifi- HON. KENDRICK B. MEEK need of a second or third-chance in life . . . cantly help the families who should have been OF FLORIDA if we can’t help them, then who will . . .’’ is eligible all along. It is a step in the right direc- IN THE HOUSE OF REPRESENTATIVES often the stance that defined her commitment tion; the direction of ensuring that the working to the community she so loved. poor are given the help they need to survive. Wednesday, May 18, 2005 Einez Yap was truly a woman of active This committee is not only charged with en- Mr. MEEK of Florida. Mr. Speaker, I rise to compassion and a leader in our community, suring that Head Start programs are per- pay tribute to Ms. Jacqueline H. Smith, North

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.052 E19PT1 E1022 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 Miami Beach City Councilwoman. On May 20, dation is the unalterable base upon which to rights. That is the contract, the foundation 2005, the Commission on the Status of build. So it is with our Constitution and Bill upon which America was imagined. It is de- Women of the City of North Miami Beach and of Rights. They are the rock upon which we signed to protect individuals—their persons, have built our modern republic, while pro- homes, property, speech, worship, associa- Women in Politics will gather at a farewell tecting the individual from the government tions, and privacy—from the tyranny of gov- luncheon to ‘‘honor one of their own.’’ itself. For more than two centuries, they ernment by the majority. Throughout Ms. Smith’s 10-year term on the have provided the firm foundation of liberty Yet, the Fourth Amendment reflected North Miami Beach City Council, she is best and opportunity from which America and its more than a generalized notion of inalien- known for her work on programs for children people have taken wing, enjoying success able rights. It was a specific response to the and senior citizens. Ms. Smith is a liaison to and weathering failure, celebrating triumph British government’s pre-constitutional vio- children’s ‘‘Read Aloud Program.’’ This tre- and mourning tragedy. lation of colonists’ individual rights through mendously rewarding program stimulates chil- After the terrorist attacks of September the use of ‘‘Writs of Assistance.’’ The writs 11, 2001, forgetting our past and fearing our dren’s interest in reading and also promotes a were general, universal, perpetual, and future, Congress began turning that founda- transferable search warrants used to enforce decrease in television time by allowing chil- tion on its head, acting as if physical secu- smuggling laws so the cash-strapped British dren of all ages to listen to volunteers read rity requires the sacrifice of individual crown could wring revenue from the colonies books aloud. In addition, Ms. Smith is affiliated rights to government imperatives. While to satisfy the crushing debt of a worldwide with the North Dade Children Center, where paying lip service to our heritage of limited empire. They authorized ‘‘all and singular she is involved in youth and senior health government and individual liberty, we began justices, sheriffs, constables, and all other fairs. acting as if individual rights are conditional, officers and subjects’’ to enter homes and Ms. Smith has touched many peoples’ derived not from God nor inherent in the businesses at will—ostensibly in search of hearts in North Miami Beach through her ac- human condition, but subject to the collec- smuggled items—and to seize virtually any tive expression of our fears. Worst of all, we property without accounting or recompense. complishments as a member of numerous or- convinced ourselves we were doing nothing Writs of Assistance blatantly disregarded ganizations. I want to applaud her tremendous of the kind, or that the manifest benefit of a personal privacy and offended basic civil lib- commitment to community service, dedicating safer society was worth risking the loss of erties, as they were understood by colonial her time to organizations such as the National individual liberties. times. Not only were the writs broad and in- Organization of Women, the Carl Byoir Neigh- Congress passed the USA PATRIOT Act trusive but many of the colonists believed borhood Association, the Governing Board of just weeks after the September 11 attacks, they had been outlawed in Britain—that Parkway Regional Hospital and the Board of while the dead from the World Trade Center only the colonists were subject to such in- towers in Manhattan, the Pentagon in Wash- trusions. Directors of United Democratic Club, just to ington, and from Flight 93 in Pennsylvania name a few. The infringement on personal privacy and were still being buried. An anthrax threat, property rights represented by the Writs of Besides serving as an elected official and assumed by many at the time to be another Assistance was so outrageous that, in 1761, it community activist, Ms. Smith takes pride in terrorist attack, had forced members of Con- prompted Boston attorney James Otis, a being a teacher at Gertrude K. Edelman Sabal gress out of their offices. Few, if any, law- loyal officer of King George III, to resign his Palm Elementary School. makers were truly aware of the new and ex- position as an advocate general in the vice Ms. Smith has truly demonstrated that pub- panded law enforcement authority within admiralty court. Subsequently, he was com- lic service and education are achievements the PATRIOT Act. They only knew that they missioned by Boston merchants to make never beyond the reach of those willing to had to do something to quiet the public’s their case against renewal of the writs. fears, and their own. dedicate all their energy to accomplish the Otis’s stirring five-hour argument indicted This was not an executive order from a the expansion of government authority in goals for the greater good of the public. I ex- president reacting to a concrete and imme- violation of the individual rights of British tend her my heartfelt gratitude for a superb job diate threat. This was not the temporary im- subjects. ‘‘It appears to me (may it please and wish her the best of luck in her retirement. position of martial law in response to a nat- your honours) the worst instrument of arbi- f ural disaster or military assault. This was trary power, the most destructive of English the world’s greatest deliberative body hast- liberty, and the fundamental principles of PRESERVING THE FOUNDATION OF ily enacting an incredibly detailed, complex, law, that ever was found in an English law- LIBERTY and comprehensive piece of legislation with- book.’’ Otis’s argument in the Writs of As- out all the facts. That haste and lack of de- sistance case hinged on several major points, HON. DENNIS J. KUCINICH liberation left advocates backfilling many of one of which was the invocation of the an- the arguments in support of certain provi- cient notion regarding the sanctity of the OF OHIO sions of the law that now appear to be glar- home. Otis argued that householders would IN THE HOUSE OF REPRESENTATIVES ingly at odds with constitutional principles. reduced to servants under the writs because Wednesday, May 18, 2005 I. CONSTITUTIONAL FOUNDATIONS their homes would subject to search at any The Framers of our Constitution drew on time: ‘‘Now one of the most essential Mr. KUCINICH. Mr. Speaker, I commend my an extensive body of law and tradition to branches of English liberty is the freedom of friend and colleague, Representative C. L. recognize certain rights were inalienable— one’s house. Man’s house is his castle; and ‘‘BUTCH’’ OTTER, as well as Elizabeth Barker they transcended the power of government: while he is quiet, he is as well guarded as a Brandt, Professor of Law at the University of The colonists who fostered the tree of liberty prince in his castle. This writ, if it should I Idaho, for their excellent article recently pub- recognized that individual rights were its declared legal, would totally annihilate this lished in the Journal of Law, Ethics and Public taproot. The notion that ‘‘a man’s home is privilege.’’ Policy, Notre Dame Law School. I am proud to his castle,’’ a place free from the intrusion of John Adams, then a young lawyer, was in government, was a time-honored theme— the courtroom hear Otis’s argument. Fifty- be an original cosponsor of Congressman OT- part of both the Code of Hammurabi and the six years later, in a letter to a colleague, the TER’S Security and Freedom Ensured Act of pronouncements of the Roman Emperor Jus- founding father and America’s second presi- 2005 (SAFE Act) that rolls back the most tinian. This notion was one of the inalien- dent recalled the impassioned defense of lib- alarming provisions of the Patriot Act. The arti- able rights with which Englishmen were erty as a transcendent moment on the path cle, Preserving the Foundation of Liberty, is an thought endowed and which the English bar- to revolution: ‘‘Then and there, the child important critique of the federal government’s ons sought to protect, through the Magna Independence was born.’’ expanding prosecutorial powers in the wake of Carta, from the ad hoc interference of King Also born that day, and reared to maturity the terrorist events in September 2001. John. by Adams and many others, was a critical The concept of inalienable rights infused element of America’s constitutional founda- PRESERVING THE FOUNDATION OF LIBERTY the colonists’ understanding of liberty. It tion—the commitment to protect ‘‘the free- C. L. ‘‘BUTCH’’ OTTER & ELIZABETH BARKER can be seen in diverse writings, from Patrick dom of one house,’’ which became the Fourth BRANDT Henry’s rousing appeal for self-determina- Amendment. The idea that those rights tran- The sacred rights of mankind are not to be tion in the Parsons’ Cause case of 1763 to the scend the needs of any particular time and rummaged for, among old parchments, or musty claim of the Declaration of Independence place is embedded in our jurisprudence. Jus- records. They are written, as with a sun beam, that ‘‘all Men are created equal, that they tice Robert Jackson wrote: in the whole volume of human nature, by the are endowed by their Creator with certain The very purpose of a Bill of Rights was to hand of the divinity itself; and can never be unalienable Rights. . . .’’ More than a desire withdraw certain subjects from the vicissi- erased or obscured by mortal power. for independence or equality, the idea that tudes of political controversy, to place them —Alexander Hamilton made America a reality and continues to beyond the reach of majorities and officials Foundations are supposed to be steadfast. make America great is that individual rights and to establish them as legal principles to The very idea of a foundation is to provide a are God-given and unalienable and that gov- be applied by the courts. One’s right to life, pinion between the fixed and the transient, ernment should be neither more nor less liberty, and property, to free speech, a free the permanent and the temporary. The foun- than man’s collective expression of those press, freedom of worship and assembly, and

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.055 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1023 other fundamental rights may not be sub- defective. The Freitas court held that a notification under prior federal law, makes mitted to vote; they depend on the outcome delay in notification should not exceed seven judicial review of the necessity of delayed of no elections. days, except when supported by a ‘‘strong notification perfunctory and so loosens the With those words, the U.S. Supreme Court showing of necessity.’’ standard for delayed notification as to struck down the widely popular practice, Even courts upholding delayed notification render it meaningless. It strikes at the foun- adopted in a burst of patriotism during of search warrants have imposed significant dation of liberty embodied in the Fourth and World War II, of requiring public school stu- limitations on such searches. In United Fifth Amendments and at the essential pro- dents to salute the American flag. Writing States v. Villegas, the Second Circuit rea- tections of probable cause, due process, and for the majority, Justice Jackson crys- soned: separation of powers. tallized the argument for protecting most Though we believe that certain safeguards Section 213 amends 18 U.S.C. § 3103a to add vigorously the least popular of our indi- are required where the entry is to be covert the following language: vidual rights in the overheated political cli- and only intangible evidence is to be seized, ‘‘With respect to the issuance of any war- mate of the moment. While public dis- we conclude that appropriate conditions rant or court order under this section, or any pleasure served as a natural defense of lib- were imposed in this case. Certain types of other rule of law, to search for and seize any erty against the Writs of Assistance once searches or surveillances depend for their property or material that constitutes evi- Otis sounded the alarm, the Constitution and success on the absence of premature disclo- dence of a criminal offense in violation of Bill of Rights institutionalized protection of sure. The use of a wiretap or a ‘‘bug,’’ or a the laws of the United States, any notice re- minority rights from majority will and cre- pen register, or a video camera would likely quired, or that may be required, to be given ated a foundation for individual liberty. The produce little evidence of wrongdoing if the may be delayed if (1) the court finds reason- test of such a foundation is how firmly it is wrongdoers knew in advance that their con- able cause to believe that providing imme- reinforced against time and tides. versations or actions would be monitored. diate notification of the execution of a war- rant may have an adverse result (as defined II. ‘‘SNEAK-AND-PEEK’’ WARRANTS PRIOR TO When non-disclosure of the authorized search is essential to its success, neither Rule 41 in section 2705); THE USA PATRIOT ACT ‘‘(2) the warrant prohibits seizure of any nor the Fourth Amendment prohibits covert Just as the British crown felt compelled, in tangible property, any wire or electronic entry. the interest of empire, to sacrifice the rights communication (as defined in section 2510), The Second Circuit determined that a of citizens remote from the seat of govern- or, except as expressly provided in chapter number of safeguards applied to surrep- ment, section 213 of the PATRIOT Act, in the 121, any stored wire or electronic informa- titious searches. First, the court noted that name of fighting terrorism, deprives Ameri- tion, except where the court finds reasonable if tangible evidence was seized during the cans of the right to be ‘‘as well guarded as a necessity of the seizure; and (3) the warrant search, officers must leave an inventory of prince in his castle.’’ Section 213 of the PA- provides for the giving of such notice within the property taken at the location or must TRIOT Act greatly expands what already a reasonable period of its execution, which provide the inventory to the owner of the was constitutionally questionable authority period may thereafter be extended by the searched premises. Additionally, the court for delayed notification of the execution of court for good cause shown.’’ concluded that, with regard to electronic search warrants. Section 213 changes prior federal law re- Prior to the PATRIOT Act, the Federal surveillance, the requirements of federal garding notification of searches in several Rules of Criminal Procedure established the wiretapping laws provided significant safe- important ways. First, it permits delayed framework for the execution and return of guards. The court further reasoned that the notification of a search in any case in which warrants. Rule 41(f) requires that the officer safeguards of the federal wiretapping statute the government demonstrates that one of executing the warrant enter the date and also apply by analogy to video surveillance. several adverse factors ‘‘may’’ occur, regard- time of its execution on its face. It further Even with regard to surreptitious entries in less of whether the investigation involves requires that an officer present at the search which no tangible property is seized, the Sec- terrorism or the gathering of foreign intel- prepare and verify an inventory of any prop- ond Circuit held that law enforcement offi- ligence. The adverse factors justifying de- erty seized. Moreover, Rule 41(f) provides cers must establish that there is a reason- layed notice are that notification would en- that the officer executing the warrant ‘‘give able necessity for the delay of notice and danger the life or physical safety of an indi- a copy of the warrant and a receipt for the must provide notice within a reasonable, but vidual, would result in flight from prosecu- property taken to the person from whom or short, period of time after the search. Al- tion, destruction of evidence, intimidation of from whose premises, the property was though the Villegas court did not adopt the witnesses, or would otherwise jeopardize an taken’’ or ‘‘leave a copy of the warrant and seven-day limitation of Freitas, the court investigation or unduly delay a trial. receipt at the place where the officer took did conclude that, as an initial matter, This standard is so open-ended that these the property.’’ Congress recognized an ex- delays of longer than seven days should not invasive warrants could be obtained as a tremely limited exception to the notification be authorized. matter of course; the government need only While there is a paucity of case law on the requirements under certain circumstances state that notification of a search ‘‘may’’ general questions of whether and when no- where notification would endanger the life or ‘‘seriously jeopardize’’ an investigation. Al- tice of the execution of a search required, physical safety of an individual, would result though the standard for delay was part of significant authority also establishes the pre-PATRIOT law, the earlier statute was in flight from prosecution, destruction of closely related notion that law enforcement limited to covert seizures of electronic com- evidence, or intimidation of witnesses, or officials must knock and announce them- munications held in third-party storage. would otherwise jeopardize an investigation. The nature of criminal investigation is The case law regarding surreptitious selves before executing a search warrant. that unpredictable things may happen. It is searches was unsettled at the time the USA Even before American independence, British law required law enforcement officials to always conceivable that the target of a PATRIOT Act was adopted. The U.S. Su- search may act in an unpredictable fashion preme Court never directly addressed the knock and announce themselves before exe- cuting a search warrant. The United States when he or she is notified of the warrant and constitutionality of broad surreptitious thereby jeopardize an investigation. As a re- search provision. In Berger v. New York, the Supreme Court has recognized that whether law enforcement officers knock and an- sult, section 213 places virtually no limit on Court struck down New York’s wiretapping ‘‘sneak-and-peek’’ searches. statute because it lacked a number of proce- nounce themselves is a factor to be consid- ered in determining whether a search is rea- The second distinction between the PA- dural safeguards to limit the intrusiveness of TRIOT Act and prior law is that officers may wiretapping. Among the statute’s defi- sonable. The Court’s reasoning was based substantially on the notion that government seize tangible property using a covert war- ciencies was that it had no requirement for rant under the PATRIOT Act without leav- notice. And, in contrast to other wiretapping officials must provide notice before entering a person’s home. The Court acknowledged ing an inventory of the property taken. statutes, the New York provision did not Thus, the PATRIOT Act actually authorizes make up for the deficiency by requiring a that this notion formed part of the Framers’ understanding of what constituted a reason- ‘‘sneak-and-steal’’ warrants. The law re- showing of exigent circumstances to justify quires only that the warrant ‘‘provides for the lack of notice. However, in Dalia v. able search. While the Court has recognized an exigency exception to the ‘‘knock and an- the giving of such notice within a reasonable United States, the Court refused to hold all period of its execution, which period may surreptitious searches per se unconstitu- nounce’’ rule, it has not overruled it. Thus, at the time the PATRIOT Act was thereafter be extended by the court for good tional. Rather, the Court reasoned that adopted, no federal court had authorized un- cause shown.’’ under some circumstances, surreptitious Again, prior statutory provisions for de- limited use of ‘‘sneak-and-peek’’ warrants. searches could be authorized where such layed notification applied only to electronic Moreover, even those courts authorizing lim- searches were reasonable, such as where they communications in third-party storage. The ited surreptitious entry had placed signifi- were supported by a warrant. cases dealing with delayed notification au- cant limitations on such searches. On this landscape, the federal circuit thorized surreptitious entry but required of- courts addressed the constitutionality of de- III. ‘‘SNEAK-AND-PEEK’’ WARRANTS UNDER THE ficers to leave an inventory if property was layed notification of searches. In United USA PATRIOT ACT taken. Although the approach of courts like States v. Freitas, the Ninth Circuit held that No federal court has ever confronted the the Second Circuit in Villegas, in our view, a warrant that failed to provide for notice virtually unlimited authority to dispense did not properly limit the use of ‘‘sneak-and- within a ‘‘reasonable, but short time’’ after with notice contained in the PATRIOT Act. peek’’ warrants, it is significantly more lim- the surreptitious entry was constitutionally Section 213 eliminates the time limits for ited than the PATRIOT Act approach.

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A18MY8.059 E19PT1 E1024 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 Third, section 213 permits delayed notifica- with the timeless principles of our founding. TO HONOR MR. JIM BRODIE tion even where the government seizes elec- To do less is to sanction a dangerous expan- tronic information, so long as the court sion of governmental authority and a cor- ´ issuing the warrant finds ‘‘reasonable neces- responding reduction of personal privacy. HON. RAUL M. GRIJALVA sity’’ for the seizure. Thus, if officers get a OF ARIZONA warrant under federal wiretapping statutes, Our body of laws serves as both a con- IN THE HOUSE OF REPRESENTATIVES necting mortar and a protective barrier be- they still must comply with a complex set of Wednesday, May 18, 2005 safeguards. For all other warrants involving tween the foundation of our Constitution electronic communications—those involving and the structure of our government. Laws Mr. GRIJALVA. Mr. Speaker, It is with great video or Internet surveillance, for example— are necessary for applying constitutional honor that I recognize Jim Brodie. Jim was a delayed notification under the PATRIOT Act principles to the endless variety of everyday respected member of the community, pro- applies. life. They join the abstract and the concrete. viding tireless hours to the youth, community Fourth, section 213 places no express limit They enable us to safely explore our freedom and Habitat for Humanity. on the length of the delay. Instead, it au- and realize the potential of liberty. thorizes delay for a ‘‘reasonable period’’ of Jim was a lifelong union ironworker, working However, when laws reach beyond limits time and permits extensions of the delay for in industrial and commercial construction. imposed by the Constitution, when they ‘‘good cause shown.’’ Section 213 opens the Upon retirement, he continued his service to door for secret searches extending over grant too much power to government and our community by assisting Habitat for Hu- months or even years without the knowledge too little deference to the source of that manity of Tucson in the construction and later power, they cease to connect or protect. If of the target of the search. Such delays supervision of projects throughout the Old unchecked, these laws can destroy the foun- render notice meaningless. Although the Pueblo. dation of individual rights. Proponents con- judge in any particular case may impose a The energy and expertise he provided for specific deadline by which notice must be tend that we have nothing to fear from sec- given, the statute does not require such a tion 213 or any other provision of the Habitat for Humanity, its volunteers and its cli- deadline. Where the warrant itself does not PATRlOT Act. This may be true, as long as ents was unprecedented. He was a gifted impose specific time limits, judicial review the public is as vigilant as the American leader, working on multiple projects and at of the necessity of continuing delay in notifi- colonists were after Otis inflamed their pas- various stages of the products. Among his cation is impaired. No concrete timeframe sions regarding the Writs of Assistance. But many talents was the ability to work with triggers a governmental duty to justify con- can we trust that the law will be used as ju- young and old alike. This is especially noted tinued delay. Because the target of the diciously, with as much care to protecting with his success in working on the High search is, by definition, unaware of the School Build Program, proving to be a mentor, search, he or she cannot be expected to seek civil liberties, once the public’s attention review of the need for continued delay. has turned to other matters? role model, and friend to the students he su- Courts would have the opportunity to review The concern is not new or unique to the pervised. the necessity of delay only after the fact, PATRlOT Act. Few of our Founding Fathers For the last 8 years of his life, Jim’s work while also under the pressure to prosecute had greater faith in his fellow man than with the Habitat High School Build programs and admit evidence obtained through the no- Thomas Jefferson. Yet that faith had its lim- inspired the youth, their parents, and their tice-less search. its. In the Kentucky Resolutions, Jefferson teachers. Although initially hesitant to work the Finally, section 213 extends the avail- wrote: students, his ability to motivate and provide ability of ‘‘sneak-and-peek’’ warrants far be- yond the PATRIOT Act’s stated purpose of [I]t would be a dangerous delusion were a guidance came to him second nature. He was fighting terrorism. The provision contains confidence in the men of our choice to si- a natural teacher, impacting multiple lives and no limitation on the types of cases in which lence our fears for the safety of our rights: instilling pride in the lives that he impacted. a covert warrant could be used. that confidence is everywhere the parent of Jim’s role in supervising the Habitat High CONCLUSION despotism-free government is founded in School Build programs, which included five The threatening nature of section 213 is jealousy, and not in confidence; it is jealousy schools and the State Prison programs, was not obvious, and thus, it is more dangerous and not confidence which prescribes limited unique. Furthermore, it was a true gift to our to the cause of preserving liberty. If the pub- constitutions, to bind down those whom we community and youth. He worked closely with lic is blinded by fear of terrorism or igno- are obliged to trust with power: that our the high school teachers to develop important rance of what is at risk, section 213 has the Constitution has accordingly fixed the limits mentoring relationships with students. His potential to become the insidious mecha- to which, and no further, our confidence may dedication went well beyond the building nism of steady but discernible erosion in the go . . . . projects and will influence students for years foundation of our freedoms. Section 213 takes the exception and makes it the rule— Due process. Probable cause. Those are the to come. in fact, makes it the law of the land. It gives constitutional limits within which we ‘‘bind His legacy includes the 40 families that now broad statutory authority to secret searches down those whom we are obliged to trust live in Habitat homes built by students partici- in virtually any criminal case. Even if the with power’’ and preserve our individual pating in the High School Build program. Jim Supreme Court upholds the constitutionality rights. A law that sets those limits aside, or was admired by all who met or heard of him. of such practices, Congress can—and obfuscates them in vague statutory language His life and work is an inspiration to us all. should—limit them by statute. In such cases, and legalistic definitions, has the potential f justice delayed truly is justice denied. for eroding the foundation of freedom as Terrorism is a scourge that must be ad- surely as terrorists have the potential for THE FAIR MINIMUM WAGE ACT OF dressed. Government has a fundamental duty breaching the ramparts of our security. An 2005 to protect its people from enemies, foreign informed people and a vigilant and respon- or domestic. Fear of terrorism, or anything sive Congress are the keys to guaranteeing else, deprives us of free choice as surely as that our rights to security and freedom are HON. GEORGE MILLER does tyranny; indeed, terrorism is an instru- OF CALIFORNIA ensured. They are essential to protecting the ment of tyranny. We must not, however, IN THE HOUSE OF REPRESENTATIVES allow fear to erode the constitutional foun- foundation of liberty and preserving each in- dation of our freedom. We can no more gain dividual’s God-given role as the architect of Wednesday, May 18, 2005 his or her own destiny. As John Stuart Mill real security by being less free than we can Mr. GEORGE MILLER of California. Mr. warned: gain wealth or wisdom or anything else of Speaker, today, together with 100 of my col- value. No such trade-off is possible. That is A people may prefer a free government, but leagues, we are introducing legislation to raise the definition of ‘‘unalienable’’—rights with if, from indolence, or carelessness, or cow- the Federal minimum wage from $5.15 to which we were endowed by our Creator, and ardice, or want of public spirit, they are un- $7.25 over 2 years. Senator EDWARD KENNEDY which therefore cannot be repudiated or equal to the exertions necessary for pre- is introducing identical legislation in the Sen- transferred to another. Our Constitution rec- serving it; if they will not fight for it when ognizes that higher law, and we ignore it at it is directly attacked; if they can be deluded ate. Two reports that are also being released our peril. today, one by the Center for Economic and We now are engaged in a national crisis, an by the artifices used to cheat them out of it; if by momentary discouragement, or tem- Policy Research and one by the Children’s unconventional war in which our surrep- Defense Fund, make obvious the importance titious enemies use the camouflage of a free porary panic, or a fit of enthusiasm for an society’s commitment to privacy and diver- individual, they can be induced to lay their of raising the minimum wage for workers, chil- sity to achieve their goals. Our government liberties at the feet even of a great man, or dren, and families. is justified in adapting its law enforcement trust him with powers which enable him to American workers are long overdue for a methods to the new threat, but we must take subvert their institutions; in all these cases raise. Real wages are actually declining for care to ensure those methods are consistent they are more or less unfit for liberty. the first time in more than a decade, while

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.063 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1025 prices for healthcare, gasoline, and other ne- sible for the working conditions they have mittee which is determining whether or not cessities are rising, making it even more ur- promised. This bill goes a step further to en- funds should go to States based solely on gent that we raise the minimum wage now. sure a decent minimum wage. population. In lieu of any changes by the au- The minimum wage has been stuck at $5.15 Among the 7.5 million workers earning be- thorizing committee to the formula, this bill di- per hour since 1997—$5.15 per hour. These tween $5.15 and $8 an hour—the people this rects DHS to maintain a minimum allocation of days, a gallon of milk can cost half that much bill is intended to help—84 percent of them .75 percent per State and to allocate the rest in some parts of the country. Imagine working are adults over the age of 20. Nearly half of based on threats and need versus population. for the better part of an hour and only being them are married or have children. Over half I strongly agree that targeting funds based on able to afford a gallon of milk—how do you of them are women; 59 percent are white; 13 the assessment of actual vulnerability is a ever make ends meet? The answer is: you percent are black; and 23 percent are His- much more effective use of limited resources don’t. panic. Sixty percent of them work full-time. than population alone. Furthermore, the com- One of the reports issued today, from the The inflation-adjusted value of the minimum mittee recognizes that DHS must still establish Center for Economic and Policy Research, wage has declined 20 percent since 1997. a national preparedness goal which will help shows that most minimum wage workers The legislation we are introducing today, the our States develop appropriate homeland se- make significant contributions to their total Fair Minimum Wage Act of 2005, increases curity funding goals. family income. Half of them are between the the minimum wage from $5.15 to $5.85 within Our firefighters were among the first to re- ages of 25 and 54. The report also shows the 60 days; then to $6.55 1 year after the first in- spond to the tragic events of September 11th, importance of increasing the minimum wage to crease; and finally to $7.25 1 year after that. and they will likely be the first to respond in prevent families from falling further into pov- I urge my colleagues to support this vital the event of a future attack. The fire grant pro- erty. Too often minimum wage jobs are not legislation. gram helps local fire departments deal with transitional. As the report makes clear, many f these and other needs by allocating funds for workers find themselves trapped in minimum equipment and staff. Unfortunately, the Presi- DEPARTMENT OF HOMELAND SE- wage jobs; more than one-third of 25- to 54- dent proposed cutting funding for these pro- CURITY APPROPRIATIONS ACT, year-old workers in minimum wage jobs are grams by $215 million, or 30 percent. This bill 2006 still earning the minimum wage after three restores most of the president’s cuts by pro- years. The report is entitled ‘‘Not Up, Not Out: SPEECH OF viding $600 million for fire grants and $50 mil- Few Prime-Age Workers Move Out of Min- lion for firefighter staffing grants. This is critical imum Wage lobs’’ and is available at http:// HON. LUCILLE ROYBAL-ALLARD funding because only 13 percent of fire de- www.cepr.net/publications/ OF CALIFORNIA partments are prepared to respond to a haz- laborlmarketsl2005l05.pdf. IN THE HOUSE OF REPRESENTATIVES ardous material incident and an estimated The other report, from the Children’s De- Tuesday, May 17, 2005 57,000 firefighter’s lack personal protective fense Fund, shows that importance of increas- clothing for a chemical or biological attack. I ing the minimum wage for more than 10 mil- The House in Committee of the Whole would hope that by the time this bill goes to lion children. The report, entitled ‘‘Increasing House on the State of the Union had under the President, these programs will be fully the Minimum Wage: An Issue of Children’s consideration the bill (H.R. 2360) making ap- propriations for the Department of Home- funded at last year’s level of $715 million at a Well-Being,’’ states: ‘‘The annual income of an minimum. individual working full-time, with two children, land Security for the fiscal year ending Sep- In addition, the bill strengthens the commit- at the $5.15 an hour minimum wage leaves tember 30, 2006, and for other purposes: tee’s direction that port security grants, for the them $4,500 below the poverty level. An in- Ms. ROYBAL-ALLARD. Mr. Chairman, I rise 55 ports of national significance, should be crease in the minimum wage to $7.25 would in support of H.R. 2360, the Homeland Secu- based on vulnerability assessments. This benefit many of the 9.7 million children who rity Appropriations Act for Fiscal Year 2006. means that limited resources for port grants live in households where at least one worker As a member of the Homeland Security Sub- will be used where they are needed most. earns between the current minimum wage and committee, it has been an honor to work with While we are dedicating $150 million to both $7.25 per hour. Furthermore, 1.2 million of Chairman HAL ROGERS and our Ranking Mem- the port and the transit security programs, the these children live in households where two or ber, MARTIN SABO, in drafting this bill. I would Administration had proposed no funding for more workers earned less than the proposed like to commend them both, for their efforts to these critical programs. This is inexcusable minimum wage.’’ At $5.15 per hour, a worker address our Nation’s security needs despite particularly when the Coast Guard and the who works 40 hours a week for 52 weeks a the severe budget constraints forced upon transit industry have indicated $7 billion and year earns $10,712. In 2003, the poverty level them. $6 billion in security needs in their respective for a family of two (a parent and a child) was Mr. Chairman, this bill provides $30.85 bil- industries to improve security. I am also $12,682. The Children’s Defense Fund report lion for operations and activities of the Depart- pleased that Congress dedicated $50 million is available at http://www.childrensdefense.org/ ment of Homeland Security, DHS, in fiscal for the security of chemical plants. familyincome/obs/ year 2006, an increase of $1.37 billion above minimumwagereport2005.pdf. the fiscal year 2005 enacted levels. Although I thank Chairman ROGERS and Ranking Every American deserves a decent wage for the bill does not fully fund many initiatives crit- Member SABO for including in the Homeland the work they do, and most Americans agree ical to securing the homeland, I am pleased Security report several items I requested to that we should raise the minimum wage. Con- that this legislation does provide adequate address serious issues raised during sub- gress disrespects workers and violates the will funding for several programs of importance to committee hearings with representatives of the of the people when it refuses to increase the urban communities such as my own in Los Department of Homeland Security. minimum wage. We ought to respect workers Angeles. For example, the report expresses deep by guaranteeing them a fair wage. Work For instance, State and local emergency concern about reports that children, even as should be the path out of poverty, but millions managers will be happy to learn that although young as nursing infants, apprehended by Im- of Americans work fulltime and still live in pov- the President continues to zero out the fund- migration and Customs Enforcement (ICE) are erty. ing in his budget request for the Emergency being separated from their parents and placed The Miller-Kennedy legislation also extends Management Performance Grants, the com- in shelters operated by the Department of the minimum wage to the Commonwealth of mittee has appropriated $180 million for this Health and Human Services while parents are the Northern Mariana Islands, a U.S. territory grant program. Congress has rightly called this held in separate jail-like facilities. The Commit- in the Pacific Ocean. For years, the Congress program ‘‘the backbone of the Nation’s emer- tee’s report language directs DHS to release has allowed basic labor standards to be de- gency management system.’’ In California, families or use alternatives to detention when- nied to workers in the Marianas. We cannot emergency managers use these grants to de- ever possible, and when detention of family continue to allow workers to be trapped in vir- velop plans to help prepare our residents for units is necessary, the Committee directs DHS tual involuntary servitude under sweatshop disasters such as earthquakes, fires, floods, or to use appropriate detention space to house working conditions, indebted by usurious re- terrorist attacks. them together. cruitment fees, paid inadequate wages and The bill also provides $750 million for State- The report also addresses the need to ex- too often cheated out of what little they are wide formula grants which are distributed on a pand the use of Legal Orientation Programs to owed. I have introduced legislation, H.R. 2298, per capita basis to first responders. The cur- additional ICE detention centers in the coun- to protect workers from recruitment abuses rent population-based formula is under review try. Legal Orientation Programs consist of and to hold recruiters and employers respon- by the Homeland Security Authorization Com- legal presentations made by nongovernmental

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.067 E19PT1 E1026 CONGRESSIONAL RECORD — Extensions of Remarks May 19, 2005 agencies to all persons in immigration deten- I am further disappointed that the bill appro- lion for air cargo screening, the Administration tion prior to their first hearing before an immi- priates $5 million for a program which allows has continued to leave the aviation system’s gration judge. This program saves on the States and local jurisdictions to enter into a vulnerabilities exposed. Despite Congress’ di- costs of immigration detention, makes Immi- Memo of Understanding, MOU, with Homeland rection to increase the percentage of screened gration Court more efficient, and facilitates ac- Security to train local police to enforce limited air cargo on passenger aircraft, the Transpor- cess to justice for detained immigrants in re- immigration functions. I believe our limited re- tation Security Administration has not fully im- moval proceedings. Immigrants are better pre- sources should instead be directed toward plemented the law. pared to accept their removal earlier in the im- identifying and deporting terrorist elements in Additionally, the Administration has pro- migration hearing process when they have our country. posed no new funding to install inline baggage learned from organizations not affiliated with In addition, although both the Patriot Act of screening machines beyond the currently ap- the government that they have exhausted their 2001 and the Intelligence Reform Act of 2004 proved eight airports, and Congress has again immigration relief options. called for increases in specific areas such as decided to only fund the existing programs at I am also pleased that the report contains border agents, customs and immigration in- 75 percent, rather than the contractually language I requested to improve the quality spectors, immigration investigators, as well as agreed to amount of 90 percent. This creates assurance standards at our ports of entry. The for additional detention beds, this bill fails to an additional burden that our cash-strapped Committee urges Customs and Border Protec- meet the established border enforcement communities can ill-afford. tion to consider expanding the use of video- benchmarks—by 500 border patrol agents (25 In closing, Mr. Chairman, I will support this tape systems to record interactions between percent short), 600 immigration investigators bill to provide critical resources to help make potential asylum seekers and border patrol (75 percent short), and 4,000 detention beds our country safer. However, fully addressing agents at our ports of entry. These tapes (50 percent short). these and other critical national security con- should be reviewed and retained for a suffi- I am also concerned with the decrease in cerns requires resources that the Administra- cient period of time to ensure that asylum funding that the Bureau of Citizenship and Im- tion simply did not propose and which the Re- seekers are treated equally and with fairness migration Services has continued to receive publican majority did not provide in this bill. at any one of our ports of entry. since the creation of the Department of Home- While this bill is an improvement over the Ad- The bill once again includes language I land Security. This bureau is charged with ministration’s request, critical homeland secu- drafted to prevent the Department of Home- processing thousands of work authorization land Security from moving forward with the un- rity needs will still go unmet. and citizenship applications for immigrants in necessary and potentially dangerous privatiza- f our country and yet this bill includes only $120 tion of key immigration officers at the Bureau million for this important agency. This de- U.N. PEACEKEEPING REFORM: of Citizenship and Immigration Services. crease in resources simply does not make SEEKING GREATER ACCOUNT- These officers are responsible for handling sense given that over the last 4 years, the Bu- ABILITY, INTEGRITY AND EF- classified information used to prevent fraud reau of Citizenship and Immigration Services FECTIVENESS and the exploitation of our immigration laws. I continuously fails to meet its 6 month goal for am thankful that this inherently governmental processing citizenship applications. These work will continue to remain the responsibility HON. CHRISTOPHER H. SMITH backlogs send the wrong message to our Na- OF NEW JERSEY of trained and experienced federal employees directly accountable to the Department and tion’s immigrants who are eager to become IN THE HOUSE OF REPRESENTATIVES not to the bottom line of a private company. full participants in our society, but must wait Wednesday, May 18, 2005 years before their citizenship applications can The report also includes language which I Mr. SMITH of New Jersey. Mr. Speaker, requested to address concerns about Customs be reviewed and processed. Mr. Chairman, I earlier today I chaired the third in a series of and Border Protection employees who were hope that before we send this bill to the Presi- hearings of my Subcommittee on Africa, Glob- required to participate in a six-day twelve dent we will appropriate the funds necessary al Human Rights, and International Oper- week basic training, but who were not fully to once and for all resolve the backlog prob- ations, on the topic of reform at the United Na- compensated for all of their days of work. The lems which have plagued this agency for tions, and the second hearing we are holding report directs the Commissioner of Customs years. on peacekeeping reform. and Border Protection to report on the number I am disappointed that this bill’s report ex- On March 1st, just 12 weeks ago, my com- of employees who were not compensated and presses support for expedited removal and mittee met to examine credible evidence of also on the steps the department is taking to recommends its expansion. Expedited removal gross sexual misconduct and exploitation of resolve the problem. means that Customs and Border Protection of- refugees and vulnerable people by U.N. Finally, the report directs the Transportation ficers can immediately deport individuals they Security Administration to report on the status do not believe have a true case for asylum. peacekeepers and civilian personnel assigned of their efforts to issue regulations for basic This year, a federally funded study issued by to the U.N. peacekeeping mission in the security training for flight attendants. I am the U.S. Commission on International Reli- Democratic Republic of Congo. Human rights pleased we are keeping TSA accountable to gious Freedom on the impact of expedited re- groups and the U.N.’s own internal investiga- this task, and I look forward to the timely com- moval on asylum seekers found that expedited tions had uncovered over 150 allegations pletion of this report. removal procedures are not being applied against Mission personnel, typically involving However, Mr. Chairman, despite the fact evenly across the country. The report found peacekeepers’ sexual contact with Congolese that this Homeland Security Appropriations bill that where an asylum seeker enters our coun- women and girls, some as young as 11–14, in addresses several of the issues I raised in try, the country they come from, and which of- exchange for food or small sums of money. hearings and increases funding levels in cer- ficer conducts their brief interview, impacts the Further, the U.N. had struggled to deal with tain accounts, I am concerned that this year’s decision on whether an individual is allowed to similar sexual exploitation and abuse allega- bill continues the practice of underfunding sev- see an asylum officer or is deported without tions in recent years in Sierra Leone, Liberia, eral homeland security recommendations as further review. Before expedited removal is ex- and Guinea, as well as on the European con- well as the initiatives and programs mandated panded, as the bill’s report recommends, Con- tinent in Kosovo and Bosnia. Yet despite by Congress to ensure our Nation’s security. gress should require the Department of Home- many well-meaning gestures, there had not As one of the largest cities and metropolitan land Security to provide evidence that Cus- been one successful prosecution of U.N. civil- areas in the country, Los Angeles is consid- toms and Border Protection is making ian or military personnel, either in the Congo ered to be one of the most ‘‘at risk’’ areas for progress in resolving the current and serious or elsewhere. terrorist attacks. For this reason, I am dis- problems associated with expedited removal. At that hearing, the United Nations made appointed that this bill provides only a slight Lastly, I am concerned by the Administra- available Assistant Secretary General for increase of $15 million over last year’s funding tion’s seeming indifference toward protecting Peacekeeping Operations, Dr. Jane Holl Lute for Urban Area Security Initiative grants com- critical infrastructure, such as ports, transit and to brief the Subcommittee on steps the U.N. pared to the $405 million increase requested railroad facilities, and chemical plants. Not Secretariat and Department of Peacekeeping in the President’s budget. Protecting our most only have critical assessments not been com- Operations were taking to address the prob- vulnerable cities and towns is extremely costly pleted, but the Administration has consistently lem. As Members of this Subcommittee may and causes tremendous hardship on local underfunded or unfunded important infrastruc- recall, Dr. Lute declared, ‘‘. . . The Blue Hel- governments. We must ensure that they re- ture security programs. met has become black and blue through self- ceive the adequate funding to keep our most For example, although Congress continues inflicted wounds of some of our number and vulnerable cities secure. to fund aviation security and provides $30 mil- we will not sit still until the luster of that Blue

VerDate Aug 04 2004 06:11 May 20, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A18MY8.071 E19PT1 May 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1027 Helmet is restored.... It is unacceptable. It and promptly implement them. It was my de- being implemented, either by the U.N. or by is simply unacceptable. The United Nations sire that the hearing stimulate the same sense troop contributing nations? peacekeepers owe a duty of care to the peo- of commitment and urgency at the U.N. to un- In this regard, I have introduced legislation, ple we serve. We owe this duty of care to the dertake broader reforms in peacekeeping. The Trafficking Victims Protection Reauthor- member states who place their trust in us Peacekeeping has changed significantly ization Act of 2005, H.R. 972, which contains when they send us to a mission. We owe this since the creation of the United Nations and duty of care to the aspirations and hopes for the first peacekeeping missions, which were several provisions specifically targeted at pre- the future that everyone has when they invest largely limited to ‘‘traditional’’ nonmilitary func- venting trafficking in persons, sexual exploi- a peacekeeping mission in places like the tions, such as monitoring of cessation of hos- tation, and abuse by military personnel and in Congo. It will be stamped out.’’ tilities agreements, deployment of observer peacekeeping operations. H.R. 972 would re- Since that time, I am pleased to report that missions, and the maintenance and patrol of quire the State Department to certify to Con- I am seeing signs of real change in the way borders. With the end of the Cold War, the gress, before it contributes U.S. logistical or the United Nations goes about peacekeeping, number of peacekeeping missions ballooned, personnel support to a peacekeeping mission, certainly in the area of preventing human as the Security Council deployed 20 new mis- that the international organization has taken rights abuses. Investigations into allegations of sions between 1988 and 1994. Tasks of appropriate measures to prevent the organiza- sexual exploitation and abuse involving 96 peacekeepers have also evolved and now in- tion’s employees, contractors, and peace- peacekeeping personnel have been com- clude more complex assignments such as na- keeping forces from engaging in trafficking in pleted, with 66 military personnel repatriated tion-building, protection of vulnerable popu- persons or committing acts of illegal sexual on disciplinary grounds. On the civilian side, 3 lations, and establishment and maintenance of exploitation. The provision builds on two prior U.N. staff have been dismissed; 6 others are security in post-conflict environments. laws I have authored to combat trafficking in undergoing disciplinary process; and 3 have Our collective memories are still painfully persons and reduce sexual exploitation, the been cleared. Missions have put into place a sharp in recalling the peacekeeping fiascos of Trafficking Victims Protection Act of 2000 and broad range of measures to prevent mis- Bosnia, Rwanda and Somalia. Thankfully we the Trafficking Victims Protection Reauthoriza- have some notable successes to balance the conduct, from establishing focal points and tion Act of 2003. telephone hotlines to requiring troops to wear picture out, in which stability was restored and uniforms at all times. substantial contributions made towards eco- Other measures in this bill to combat sexual Moreover, the Fourth Committee of the U.N. nomic and political development, in U.N. mis- exploitation and trafficking in persons by mili- General Assembly on April 18th unanimously sions in Kosovo, Sierre Leone and East Timor. tary and peacekeepers are: Amending the endorsed the reform proposals of the Special What these examples illustrate is the impor- U.S. Uniform Code of Military Justice to pro- Committee on Peacekeeping Operations, tance of getting the mandate ‘‘right,’’ matching hibit the use or facilitation of persons trafficked which include: training on standards of con- the mission to the mandate, ensuring ade- for sex or labor; Establishing a Director of duct; development of established units for quate staffing and funding, and providing for a Anti-Trafficking Policies in the Office of the peacekeeping rather than those assembled on transition to a sustained peace. Secretary of Defense; Reporting of steps an ad hoc basis; commitments by all troop U.S. officials have endorsed Secretary Gen- taken by the U.N., OSCE, NATO and other contributing countries to pursue investigations eral Annan’s proposal for a Peacebuilding international organizations to eliminate involve- and prosecutions of peacekeeping personnel Commission and Support Office to undertake ment of its personnel in trafficking; Requiring for credible instances of sexual allegation and post-conflict transition and coordinate donor certification that safeguards are in place to abuse; creation of a database to track allega- assistance and activities. But has a global prevent military and civilian personnel from tions and ensure that prior offenders are not audit of existing peacekeeping missions ever trafficking or committing acts of sexual exploi- been conducted to review mandates and right- rehired; organization, management and com- tation before a U.S. contribution to a peace- size missions? Has there been an examination mand responsibility to create and maintain an keeping mission is made. environment that prevents against sexual ex- of whether peacekeeping tasks could be ploitation and abuse; establishment of a pro- outsourced to professional private security In conclusion, the progress since our last fessional and independent investigative capac- companies to perform tasks more cost-effec- hearing is encouraging, but we are only at the ity assistance to victims; and development of tively or deploy into difficult situations where beginning of the necessary reform process. a model MOU for troop contributing countries Member States have demonstrated a reluc- What comes out at the other end I hope will to encompass these recommendations. tance or inability to go? What are we doing to be a United Nations equipped for the unique The General Assembly must now act on widen the donor support base for peace- challenges of this new century, with peace- these recommendations, providing the nec- keeping missions? And finally, what should the keeping leading the way for reforms in other essary financial and political support to fully United States do if necessary reforms are not vital areas.

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