July 19, 2006 CONGRESSIONAL RECORD — HOUSE H5419 surely we can find better things to do with our REMOVAL OF NAME OF MEMBER (1) the successful completion of the Space time as a congress than bash the courts. AS COSPONSOR OF H.R. 3044 Shuttle Discovery’s STS–121 mission; and Why then is something as arbitrary as a bill (2) its pioneering work in space exploration Mr. CONYERS. Mr. Speaker, I ask which is strengthening the Nation and bene- that would strip our Federal courts of their au- unanimous consent to remove my thority to hear an issue that the highest court fitting all Americans. name from cosponsorship of H.R. 3044. The SPEAKER pro tempore. Pursu- in our land has never spoke on at the top of The SPEAKER pro tempore. Is there ant to the rule, the gentleman from our list of ‘‘things to do’’? Need I remind my objection to the request of the gen- California (Mr. CALVERT) and the gen- colleagues that the Supreme Court has never, tleman from Michigan? since the inclusion of the words ‘‘under God’’ There was no objection. tlewoman from Texas (Ms. JACKSON- LEE) each will control 20 minutes. into the Pledge of Allegiance back in 1954, f discussed or ruled on its constitutionality? The Chair recognizes the gentleman Why then do we need this legislation at all? ANNOUNCEMENT BY THE SPEAKER from California. Why then do we need to offer this legislation PRO TEMPORE GENERAL LEAVE now? It is our rights as individuals that are at The SPEAKER pro tempore. Pursu- Mr. CALVERT. Mr. Speaker, I ask stake right now—not the sanctity and preser- ant to clause 8 of rule XX, the Chair unanimous consent that all Members vation of the Pledge. will postpone further proceedings may have 5 legislative days to revise I urge my colleagues to vote ‘‘no’’ on this today on motions to suspend the rules and extend their remarks and to in- amendment. on which a recorded vote or the yeas clude extraneous material on H. Con. Mr. NADLER. Mr. Chairman, how and nays are ordered, or on which the Res. 448, the concurrent resolution now much time do I have left? vote is objected to under clause 6 of under consideration. The CHAIRMAN. The gentleman rule XX. The SPEAKER pro tempore. Is there 1 from New York has 1 ⁄2 minutes. RECORD votes on postponed questions objection to the request of the gen- Mr. NADLER. Mr. Chairman, I will will be taken later today. tleman from California? not use the 11⁄2 minutes. I will simply f There was no objection. say that this amendment is dangerous Mr. CALVERT. Mr. Speaker, I yield for the same reason that the bill is COMMENDING NASA ON COMPLE- myself such time as I may consume. dangerous. We should not say, in the TION OF THE SPACE SHUTTLE’S Mr. Speaker, today I rise in hearty case of this amendment, to someone SECOND RETURN-TO-FLIGHT MIS- support of H. Con. Res. 448, which com- who is a plaintiff in a court in a pend- SION mends the National Aeronautics and ing case, we are going to shut the Mr. CALVERT. Mr. Speaker, I move Space Administration for its successful courthouse door in your face because to suspend the rules and agree to the completion of the space shuttle’s sec- we are afraid the Supreme Court might concurrent resolution (H. Con. Res. 448) ond return-to-flight test mission. issue a decision. It has not done it yet, commending the National Aeronautics NASA gave the United States a birth- but we are afraid the Supreme Court and Space Administration on the com- day present and the best fireworks might issue a decision that we disagree pletion of the Space Shuttle’s second show imaginable with the breathtaking with. We do not trust the courts. We do Return-to-Flight mission. launch of the Discovery mission, also not agree with them. Never mind that The Clerk read as follows: known as STS–121, on the Fourth of George Bush has appointed two new H. CON. RES. 448 July this year. members of the Court. We still do not Whereas, on July 4, 2006, the National Aer- The shuttle Discovery spent nearly 13 agree with it, and, therefore, we are onautics and Space Administration per- days in orbit, 9 of which were spent going to try to strip them of their ju- formed a successful launch of the Space docked to the international space sta- risdiction. Shuttle Discovery; tion. During the 18th shuttle mission Whereas this mission, known as STS–121, That way strips the protection of our to the international space station, the liberties from us. We need the courts to marks the second Return-to-Flight mission; Whereas the crew of the Discovery con- STS–121 crew members delivered over protect our liberties. Our constitu- 28,000 pounds of equipment and supplies tional rights can only be vindicated by sisted of Colonel Steve Lindsey, Commander Mark Kelly, Piers Sellers, Ph.D, Lieutenant and transported one additional crew the courts stepping in when the polit- Colonel Mike Fossum, Commander Lisa member to the station for a 6-month ical branches of government violate Nowak, Stephanie Wilson, and Thomas stay. The astronauts also performed the rights of unpopular minorities. Reiter; three successful space walks to test That is what the courts have done Whereas the STS–121 mission tested Space equipment and to conduct mainte- Shuttle safety improvements, building on throughout our history, and we need nance. that protection to continue. And that findings from Discovery’s flight last year, in- cluding a redesign of the Space Shuttle’s Ex- This Discovery mission is an essen- is why this bill is not only subversive tial building block for the Vision for of our constitutional rights, but uncon- ternal Tank foam insulation, in-flight in- spection of the shuttle’s heat shield, and im- Space Exploration to the Moon, Mars, stitutional. proved imagery during launch; and Beyond. NASA is already fast at The bill ought to be defeated. The Whereas the STS–121 mission re-supplied work on preparation for the next shut- amendment ought to be defeated. the International Space Station by deliv- Mr. Chairman, I yield back the bal- tle launch, with a window that begins ering more than 28,000 pounds of equipment on August 28, just a little more than a ance of my time. and supplies, as well as added a third crew The CHAIRMAN. The question is on member to the International Space Station; month away. This mission will resume the amendment offered by the gen- Whereas, due to the overall success of the the assembly of the international space tleman from Missouri (Mr. AKIN). launch and on-orbit operations, the mission station with the delivery of two truss The amendment was agreed to. was able to be extended from 12 to 13 days, sections and a set of solar arrays. Mr. AKIN. Mr. Chairman, I move allowing for an additional space walk to the NASA Administrator Mike Griffin, that the Committee do now rise. two originally scheduled; the Discovery crew, and the men and The motion was agreed to. Whereas the success of the STS–121 mis- women of NASA deserve accolades Accordingly, the Committee rose; sion is a tribute to the skills and dedication from the American public for a suc- and the Speaker pro tempore (Mr. of the Space Shuttle crew, the National Aer- cessful STS–121 mission and for effec- onautics and Space Administration, and its MARCHANT) having assumed the chair, industrial partners; tively reviving America’s space pro- Mr. LATOURETTE, Chairman of the Whereas all Americans benefit from the gram to the heights of its glory. These Committee of the Whole House on the technological advances gained through the astronauts represent the best of hu- State of the Union, reported that that Space Shuttle program; and mankind. As the President stated upon Committee, having had under consider- Whereas the National Aeronautics and the return of the Discovery crew on ation the bill (H.R. 2389) to amend title Space Administration plays a vital role in Monday: ‘‘Your courage and commit- 28, United States Code, with respect to sustaining America’s preeminence in space: ment to excellence have inspired us all, Now, therefore, be it the jurisdiction of Federal courts over Resolved by the House of Representatives (the and a proud Nation sends its congratu- certain cases and controversies involv- Senate concurring), That it is the sense of lations on a job well done. America’s ing the Pledge of Allegiance, had come Congress that the National Aeronautics and space program is a source of great na- to no resolution thereon. Space Administration be commended for— tional pride.’’

VerDate Aug 31 2005 07:11 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19JY6.REC H19JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5420 CONGRESSIONAL RECORD — HOUSE July 19, 2006 b 1415 So allow me to close by simply say- more than 100 high definition, digital, I urge the passage of H. Con. Res. 448. ing that this was unique not only be- video and film cameras assessed wheth- Mr. Speaker, I reserve the balance of cause of its launch on July 4th, but be- er any debris comes off the external my time. cause of the new culture of safety; be- tank during the shuttle’s launch. Ms. JACKSON-LEE of Texas. Mr. cause I questioned whether this launch Mr. Speaker, the success of STS–121 Speaker, I yield myself such time as I should go forward in light of the safety is a tribute to the skills and dedication may consume. engineer’s comments and the con- of all NASA employees, especially the Mr. Speaker, I thank the distin- troversy before the launch. But now, in Space Shuttle Discovery crew of Colo- guished chairman and ranking member the new culture of safety, NASA vetted nel Steve Lindsey, Commander Mark of the full committee and the chairman those concerns and NASA continued to Kelly, Piers Sellers, Ph.D., Lieutenant and ranking member of the sub- vet them throughout the launch. They Colonel Mike Fossum, Commander committee, Mr. PAUL of Texas, Mr. did an extensive review of the space Lisa Nowak, Stephanie Wilson and BOEHLERT and Mr. CALVERT, and those shuttle before reentry. This pronounces Thomas Reiter. of us enthusiastically in support of this that we are ready, we are ready to take I would like now to close with a par- very, very important resolution. on the responsibility, and we are ready ticular quote that is very pertinent for I would like to first of all acknowl- to accept risk but not without every what we are doing here with this reso- edge the human factor, and that is to attention to safety. lution. This comes from a famous au- call out the names of COL Steve So I would simply say to my col- thor of the last century, who might Lindsey, CDR Mark Kelly, Piers Sell- leagues, I ask enthusiastically that we have been one of the most famous, who ers, Ph.D., LTC Mike Fossum, CDR support this resolution. wrote a book that many Members of Lisa Nowak, Stephanie Wilson and Mr. Speaker, I ask unanimous con- this Congress may well have read. The Thomas Reiter, congratulations to sent that the gentleman from North interesting thing about this quote, it these very expert, profound and com- Carolina (Mr. MILLER) be able to man- comes from an individual who was not mitted Americans, brave Americans, age the rest of my time. much in favor of big government. As a and to really congratulate their efforts The SPEAKER pro tempore. Is there matter of fact, she was in favor of very, and the STS–121; to commend, as I objection to the request of the gentle- very limited government, and she in- said, my colleague from Texas, for al- woman from Texas? troduced the ideas of libertarianism to lowing us today to acknowledge how There was no objection. millions of Americans. important this launch is. Mr. CALVERT. Mr. Speaker, I am But nevertheless, it just happened It was launched safely and it reen- happy to yield 4 minutes to the gen- that NASA was her favorite govern- tered safely. In addition, STS–121 was tleman from Texas (Mr. PAUL), the au- ment agency, and therefore after the the 115th shuttle station, and the 18th thor of this resolution and a great sup- Moon landing in 1979 she wrote very fa- to visit the space station, on which we porter of the great work of NASA. vorably about NASA, which in some left a very new member of the able (Mr. PAUL asked and was given per- ways contradicted her philosophy, but space station family. This particular mission to revise and extend his re- it also spoke to the tremendous bril- launch had a special emphasis because marks.) liance and success of the Moon explo- it was launched on July 4th, the Na- Mr. PAUL. Mr. Speaker, I thank the ration program. tion’s birthday. What a spectacular gentleman for yielding. That author that I want to quote is event. Mr. Speaker, I am pleased to sponsor the author of Atlas Shrugged, Ayn I would simply say in addition to its H.Con.Res 448, a resolution com- Rand, who wrote this shortly after the launch, the important work that was mending the people of the National Moon landing in 1969. And although done, the important space exploration Aeronautics and Space Administration this is written in praise of the Moon that was done by two of the members for the latest mission of the Space landing, it applies to all those individ- of the team, two crew members, Piers Shuttle Discovery, and I thank the uals who participated in STS–121. Sellers and Mike Fossum, ventured Science Committee and the House lead- The quote goes this way: ‘‘Think of outside the Space Shuttle three times ership for their assistance in bringing what was required to achieve that mis- on space walks. I remember as a child this resolution to the floor. sion. Think of the unpitying effort; the the amazing experience that one would Successfully launched on July 4th, merciless discipline; the courage; the see and envision as the initial space this mission, known as STS–121, marks responsibility of relying on one’s judg- launches began, and then subsequently the second mission of the return-to- ment; the days, nights and years of un- as we saw the space walks that began, flight sequence. STS–121 originally was swerving dedication to a goal; the ten- but then to be able to acknowledge scheduled to perform just two space sion of an unbroken maintenance of a when one astronaut stepped first on walks. However, due to the overall suc- full, clear mental focus and honesty. It the Moon. cess of the launch, the mission was ex- took the highest, sustained acts of vir- During the first space walk, they pre- tended from 12 days to 13 days, allow- tue to create in realty what had only pared the international space station’s ing for an additional space walk. been dreamt of for millennia.’’ railcar for restoration and successfully Among the tasks that were per- I encourage all my colleagues and all tested whether the combination of the formed on this mission are tests of Americans to join me in commending space shuttle’s robotic arm and orbital shuttle safety improvements to build NASA for completing this mission and boom sensor system could be a plat- on findings from Discovery’s flight last all of NASA’s work. form to make repairs. year, including a redesign of the shut- Mr. MILLER of North Carolina. Mr. During the second space walk, they tle’s external fuel tank’s foam insula- Speaker, I yield 5 minutes to the gen- restored the station’s mobile transport. tion, inflight inspection of the shut- tleman from Texas (Mr. AL GREEN). On the third space walk, Sellers and tle’s heat shield, improved imagery Mr. AL GREEN of Texas. Mr. Speak- Fossum tested methods of repairing a during launch, and the ability to er, I rise today in support of the resolu- damaged orbiter. launch a shuttle rescue mission. The tion, and I rise, Mr. Speaker, to make Let me just simply say as we look at external tank, which underwent work note of the heroes in our society and all of the work, Mission Specialist during the mission to reduce foam loss, the heroines in our society. Thomas Reiter remained in the inter- performed well this time, especially As I do so, I am reminded of a state- national space station and he was the early in the flight. ment that calls to our attention the backup. Stephanie Wilson from my The STS–121 mission also bolstered notion that a great person or great community, as many of you know, the the international space station by people will always rise to the occasion, astronauts live in Houston, let me also making a key repair and delivering and our astronauts have truly risen to pay special tribute to Stephanie Wil- more than 28,000 pounds of equipment the occasion. They are making it pos- son, the second African American and supplies, as well as adding a third sible for us to travel not only to the woman to go into space. Lisa Nowak crew member to the space station. planets, but also to the stars and be- added to this pool of outstanding STS–121 was NASA’s most photo- yond. They have truly risen to the oc- women. graphed mission in shuttle history, as casion.

VerDate Aug 31 2005 07:11 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19JY6.REC H19JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 19, 2006 CONGRESSIONAL RECORD — HOUSE H5421 However, just as a great person will Mr. MILLER of North Carolina. Mr. that ability to look at the shuttle and always rise to the occasion, it takes an Speaker, I yield myself such time as I figure out its current status, its cur- even greater people to make the occa- may consume. rent condition is one that is critical to sion, and I want to salute as well the Mr. Speaker, I regret that there are successful safe future flights. many persons, some of whom are non- no NASA facilities in my district. We There were many high-definition dig- descript, who help make it possible for are available if NASA has the need of ital, video and film cameras docu- a great people to rise to the occasion: additional facilities. menting the launch and the climb into the janitors who work as a part of this Mr. Speaker, I rise in strong support orbit, and they did help determine team, all of the contractors and sub- of this resolution. As the adult who sat whether the shuttle had experienced contractors who are a part of this transfixed as a child in my elementary any damage and whether there were team. Every person associated with school classroom and watched as we any concerns with return to Earth such this effort deserves to be commended launched first Alan Shepard, then Gus as the tragedy that came upon the Dis- for the outstanding job that has been Grissom and then John Glenn into covery. done. space, and sat and watched transfixed They also performed inspection of So today we celebrate not only those each time we put human beings into the shuttle heat shield while in space. who rise to the occasion, but also those space, it is a remarkable accomplish- And on their third space walk during who make the occasion. ment. I feel as much in awe of the crew the mission, they tested different tech- Mr. CALVERT. Mr. Speaker, I re- of STS–121 as I felt as a small child in niques for inspecting and repairing the serve the balance of my time. watching those first Mercury flights. reinforced carbon segments that pro- Mr. MILLER of North Carolina. Mr. It is an accomplishment that re- tect the shuttle’s nose cone and the Speaker, I yield 3 minutes to the gen- quires great skill, and, as we have been right leading edge, again, an important tleman from Ohio (Mr. KUCINICH). painfully reminded on two occasions, it safety concern because of the Dis- Mr. KUCINICH. Mr. Speaker, I thank is one that still requires great physical covery tragedy. the gentleman. courage. This is not a safe under- The crew also delivered 28,000 pounds Mr. Speaker, I rise to congratulate taking. It cannot be made safe. It re- of equipment and supplies to the inter- the crew and all of the NASA employ- quires great physical courage for the national space station and repaired a ees on the successful completion of crew to fly into space to pursue space rail car on the international space sta- their mission, known as STS–121, the travel as they do. tion. It is also a remarkable accomplish- second return-to-flight mission. The Through this successful launch and ment for the team of employees at mission serves as another example of the technological advances that the NASA who remained on the ground and the historic accomplishments of each crew made while in space, we can look for all the contractors as well, the of NASA’s centers. forward in the not-too-distant future team at the National Aeronautics and I am proud to say that the NASA to the complete assembly of the inter- Glenn Research Center in Cleveland, Space Administration. The crew of the STS–121, again, I national space station. Ohio played an essential role in the Mr. Speaker, it also increases, the know that Mr. CALVERT has already mission. Over the last year, NASA successful mission increases, the likeli- said who they were, Colonel Steve Glenn’s researchers and scientists have hood that we can keep the Hubble Lindsey, Commander Mark Kelly, Piers worked to improve the safety of the space telescope in service, perform nec- Sellers, Ph.D., Lieutenant Colonel shuttle. essary repairs as well as routine main- Mike Fossum, Commander Lisa Nowak, Glenn’s supersonic 8 by 6 foot wind tenance, to the extent that you can Stephanie Wilson and Thomas Reiter, tunnel was used to make detailed call that routine maintenance. specifically launched into orbit above measurements of the ways in which the Mr. Speaker, the flights of the Dis- the Space Shuttle Discovery, the sec- shuttle would be affected by the ab- covery showed that the team of NASA ond return-to-space flight after the dis- sence of what is called the protu- employees and contractors still have aster, the tragedy of a few years ago. berance air load ramps, PAL. The PAL the right stuff or still are deserving of ramp is used to smooth the airflow b 1430 our awe and admiration, as the awe over the exterior cables and fuel lines. Colonel Lindsey said after landing and admiration I felt as a child for The information gained from the tests STS–121 that there were two goals for those first Mercury astronauts. was used to decide to fly without the the mission. The first was to complete Mr. Speaker, there being no further PALs, which is the biggest aero- the return-to-flight tasks begun with speakers, I yield back the balance of dynamic change in the history of the the first return-to-flight mission in my time. space shuttle. July of 2005 by flying an improved ex- Mr. CALVERT. Mr. Speaker, I yield Glenn has also been part of a team ternal tank and testing shuttle repair myself such time as I may consume. testing NOAX, a material designed to procedures while in orbit, which appar- Once again, I want to congratulate the fill spaces in the shuttle’s surface. On ently is considerably more difficult crew, the NASA team, the contractors the third space walk, shuttle astro- than conducting those repairs in a ga- for the successful completion of STS– nauts tested the compound’s perform- rage bay or in a bay. 121. We look forward to future success ance during the intense heat of re- The second goal was to prepare the as we continue our journey exploring entry. Early indications are that the international space station for future the unknown and to do things that re- experiment went very well. assembly and to boost the number of quire skill, technical expertise, cour- Glenn also has experiments in the people living on the space station from age, and the will to succeed. international space station that will two to three. Mr. Speaker, I have no further re- further the safety of human presence in Both of those goals were successfully quests for time, and I yield back the outer space. For example, this mission completed by the mission. For the first balance of my time. began an experiment on the space sta- time since 2003, the international space The SPEAKER pro tempore. The tion that will improve the detection of station now has three members. Euro- question is on the motion offered by fire in a microgravity environment. pean Space Agency astronaut Thomas the gentleman from California (Mr. NASA is deserving of thanks and con- Reiter joined Russian Pavel CALVERT) that the House suspend the gratulations from Congress. I support Vinogradov and American Jeff Wil- rules and agree to the concurrent reso- this resolution. I thank Congressman liams. lution, H. Con. Res. 448. PAUL for offering it, and I want to In addition to those goals, the crew The question was taken. thank all of my colleagues who have was able to make never-before-seen The SPEAKER pro tempore. In the been supportive of this program and high-resolution images of the shuttle opinion of the Chair, two-thirds of who understand its relationship to the during and after the July Fourth those present have voted in the affirm- future of our Nation and the future of launch, making that mission the most ative. the world. photographed in the shuttle mission. Mr. CALVERT. Mr. Speaker, on that Mr. CALVERT. Mr. Speaker, I re- And the tragedy a few years ago has I demand the yeas and nays. serve the balance of my time. reminded us, or should remind us, that The yeas and nays were ordered.

VerDate Aug 31 2005 07:11 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H19JY6.REC H19JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5422 CONGRESSIONAL RECORD — HOUSE July 19, 2006 The SPEAKER pro tempore. Pursu- title, and interest in and to, and the right to Mt. Soledad Veterans Memorial Pro- ant to clause 8 of rule XX and the immediate possession of, the Mt. Soledad tection Act. Since 1954, a 29-foot cross Chair’s prior announcement, further Veterans Memorial in San Diego, California, has stood atop Mt. Soledad in San as more fully described in subsection (d). proceedings on this question will be (b) COMPENSATION.—The United States Diego, California, memorializing the postponed. shall pay just compensation to any owner of sacrifices of American soldiers during f the property for the property taken pursuant World War I, World War II, and the Ko- to this section, and the full faith and credit rean conflict. MESSAGE FROM THE PRESIDENT of the United States is hereby pledged to the This beautiful and historic memorial payment of any judgment entered against A message in writing from the Presi- cross was erected and is maintained by the United States with respect to the taking a private organization, the Mt. Soledad dent of the United States was commu- of the property. Payment shall be in the nicated to the House by Mr. Sherman amount of the agreed negotiated value of the Memorial Association, with the per- Williams, one of his secretaries. property or the valuation of the property mission of the city of San Diego. awarded by judgment and shall be made from Over the years, the memorial asso- f the permanent judgment appropriation es- ciation has added many elements to MT. SOLEDAD VETERANS tablished pursuant to section 1304 of title 31, this memorial, including over 1,700 MEMORIAL PROTECTION ACT United States Code. If the parties do not granite plaques commemorating indi- reach a negotiated settlement within one vidual servicewomen and men on con- Mr. HUNTER. Mr. Speaker, I move to year after the date of the enactment of this centric walls, bollards, pavers, and a suspend the rules and pass the bill Act, the Secretary of Defense may initiate a flag pole proudly flying the American (H.R. 5683) to preserve the Mt. Soledad proceeding in a court of competent jurisdic- flag. The memorial cross now is fully Veterans Memorial in San Diego, Cali- tion to determine the just compensation integrated as a centerpiece of the fornia, by providing for the immediate with respect to the taking of such property. (c) MAINTENANCE.—Upon acquisition of the multifaceted Mt. Soledad Veterans Me- acquisition of the memorial by the Mt. Soledad Veterans Memorial by the morial. It is without question a world- United States, as amended. United States, the Secretary of Defense shall class war memorial, dedicated to all of The Clerk read as follows manage the property and shall enter into a those, regardless of race, religion or H.R. 5683 memorandum of understanding with the Mt. Soledad Memorial Association for the con- creed, who have served our armed serv- Be it enacted by the Senate and House of Rep- tinued maintenance of the Mt. Soledad Vet- ices. resentatives of the United States of America in erans Memorial by the Association. In 1989, a single plaintiff brought suit Congress assembled, (d) LEGAL DESCRIPTION.—The Mt. Soledad against the city of San Diego because SECTION 1. FINDINGS. Veterans Memorial referred to in this sec- he stated he was offended by the sight Congress makes the following findings: tion is all that portion of Pueblo lot 1265 of of the cross. The district court found (1) The Mt. Soledad Veterans Memorial has the Pueblo Lands of San Diego in the City that presence of this memorial cross proudly stood overlooking San Diego, Cali- and County of San Diego, California, accord- fornia, for over 52 years as a tribute to the ing to the map thereof prepared by James violated the California Constitution’s members of the United States Armed Forces Pascoe in 1879, a copy of which was filed in guarantee of free exercise and enjoy- who sacrificed their lives in the defense of the office of the County Recorder of San ment of religion without discrimina- the United States. Diego County on November 14, 1921, and is tion or preference and ordered the re- (2) The Mt. Soledad Veterans Memorial known as miscellaneous map No. 36, more moval of the display. was dedicated on April 18, 1954, as ‘‘a lasting particularly described as follows: The area The city of San Diego, like other mu- memorial to the dead of the First and Sec- bounded by the back of the existing inner nicipalities faced with similar court or- sidewalk on top of Mt. Soledad, being also a ond World Wars and the Korean conflict’’ ders, endeavored in good faith to divest and now serves as a memorial to American circle with radius of 84 feet, the center of veterans of all wars, including the War on which circle is located as follows: Beginning itself of the memorial property by sell- Terrorism. at the Southwesterly corner of such Pueblo ing it to a private party who could (3) The United States has a long history Lot 1265, such corner being South 17 degrees choose to display the memorial cross. and tradition of memorializing members of 14′33″ East (Record South 17 degrees 14′09″ In this case, however, the Ninth Cir- the Armed Forces who die in battle with a East) 607.21 feet distant along the westerly cuit Court of Appeals found that the cross or other religious emblem of their line of such Pueblo lot 1265 from the inter- method of sale violated the California faith, and a memorial cross is fully inte- section with the North line of La Jolla Sce- Constitution’s ban on aid to sectarian nic Drive South as described and dedicated grated as the centerpiece of the multi-fac- purposes. On May 3, 2006, the district eted Mt. Soledad Veterans Memorial that is as parcel 2 of City Council Resolution No. replete with secular symbols. 216644 adopted August 25, 1976; thence North court ordered the city of San Diego to (4) The patriotic and inspirational sym- 39 degrees 59′24″ East 1147.62 feet to the cen- comply with the original injunction. bolism of the Mt. Soledad Veterans Memo- ter of such circle. The exact boundaries and The city has appealed that order to rial provides solace to the families and com- legal description of the Mt. Soledad Veterans the Ninth Circuit Court of Appeals, and rades of the veterans it memorializes. Memorial shall be determined by survey pre- the United States Supreme Court Jus- (5) The Mt. Soledad Veterans Memorial has pared by the Secretary of Defense. Upon ac- tice Anthony Kennedy has stayed en- quisition of the Mt. Soledad Veterans Memo- been recognized by Congress as a National forcement of the order pending the out- Veterans Memorial and is considered a his- rial by the United States, the boundaries of the Memorial may not be expanded. come of that appeal. torically significant national memorial. In 2004, the United States Congress (6) 76 percent of the voters of San Diego The SPEAKER pro tempore. Pursu- supported donating the Mt. Soledad Memo- ant to the rule, the gentleman from designated the Mt. Soledad Veterans Memorial a National Veterans Memo- rial to the Federal Government only to have California (Mr. HUNTER) and the gen- a superior court judge of the State of Cali- tleman from North Carolina (Mr. rial and authorized the Federal Gov- fornia invalidate that election. ernment to accept the donation of the BUTTERFIELD) each will control 20 min- (7) The City of San Diego has diligently utes. memorial from the city of San Diego. pursued every possible legal recourse in The voters of San Diego passed, by an order to preserve the Mt. Soledad Veterans The Chair recognizes the gentleman from California. overwhelming 76 percent, a ballot Memorial in its entirety for persons who measure providing for the donation. have served in the Armed Forces and those GENERAL LEAVE persons who will serve and sacrifice in the Mr. HUNTER. Mr. Speaker, I ask But in response to a complaint by the future. unanimous consent that all Members same lone plaintiff, a San Diego Coun- SEC. 2. ACQUISITION OF MT. SOLEDAD VETERANS have 5 legislative days within which to ty superior court judge invalidated the MEMORIAL, SAN DIEGO, CALI- revise and extend their remarks on the citywide referendum as violating the FORNIA. legislation under consideration. California Constitution. (a) ACQUISITION.—To effectuate the purpose The SPEAKER pro tempore. Is there The vast majority of the citizens of of section 116 of division E of Public Law 108– objection to the request of the gen- the city of San Diego favor finding a 447 (118 Stat. 3346; 16 U.S.C. 431 note), which, way to keep the Mt. Soledad Memorial in order to preserve a historically significant tleman from California? war memorial, designated the Mt. Soledad There was no objection. intact, even if that means giving up Veterans Memorial in San Diego, California, Mr. HUNTER. Mr. Speaker, I yield ownership of the parkland property on as a national memorial honoring veterans of myself such time as I may consume. which it is located. the United States Armed Forces, there is Mr. Speaker, today I rise to ask my A 1994 ballot measure authorizing the hereby vested in the United States all right, colleagues’ support for H.R. 5683, the sale of the property also passed with 76

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