Floor Statements

Mr. Speaker, I thank the gentlewoman for yielding me time, and I thank my colleagues for their assistance in getting this piece of legislation to the floor, and I hope it will successfully pass with very little difficulty.

Mr. Speaker, I rise in strong support of the legislation, of course, but I do want to remind individuals, and I will be quick, because I know it has been a long evening and people have a lot of business, but I think Judges Vela and Garza deserve 1 minute of praise and recognition.

In 1961 when Judge Garza was first appointed, he was the first, as has already been pointed out, Mexican American Hispanic to be appointed to the Federal bench. It was the same year that my father was elected and he was the first Hispanic from Texas to have been elected to this House.

At that time, it was such a great celebration for all of us, but the truth was, we knew that they were the first, but we did not know they were not going to be the last. Things have not turned out that way, thank God.

But truly, to honor their legacies, I had the great benefit of being counseled and mentored and lectured to by both Judge Vela and Judge Garza when I was a State district judge in Texas, and I know the lessons that they imparted are still with me today, and they would reverberate today in this Chamber if they had an opportunity to meet with us, members of that other branch of government, the legislative branch, they would remind us of that incredible but very important balance and separation of powers. And their legacies will only be recognized and their contributions will only be recognized to the extent that the other two branches of government, the executive and the legislative, understand their service in the context of this wonderful, wonderful concept that we have here in the United States, in our democracy, three equal branches of government, checks and balances and separation of powers.

So I know if they were here today, they would say, ``Charlie, let us do our job. Let us go ahead and review what needs to be reviewed.''

It is the collective wisdom of that branch of government that really gives this Nation great guidance, as well as the leadership in this House and the leadership in the White House.

So to judges Vela and Garza, to their families, proper recognition tonight, but hopefully that in the future we honor their memory and their hard work by respecting the work that they did within the context of this wonderful framework called the United States of America.

Mr. Speaker, I wish to express my strong support for passage of S. 1301, the Video Voyeurism Prevention Act. I wish to thank Chairman Oxley, Senator DeWine, Senator Schumer, as well as Chairman Sensenbrenner and Ranking Member Conyers for their work on this legislation.

Mr. Speaker, unfortunately video voyeurism has become a rapidly growing national problem. With the development of the Internet and miniature camera technology, anybody can now readily invade the privacy of another by secretly videotaping or photographing others and putting those compromising images on the Internet. We all regularly see pop up advertisements on the Internet for new miniature camera technology. Undoubtedly this technology is being used by many ``Peeping Toms'' to spy on others. It is time that Congress takes a stand against the growing misuse of these new technologies.

S. 1301, the Video Voyeurism Act makes it illegal for anyone on federal property to capture an improper image of another under circumstances that clearly violates the privacy of that individual. It is my hope that this legislation will spur individual states to follow suit and update their criminal codes to ensure that their citizens are similarly protected from video voyeurism in areas under state jurisdiction.

Mr. Speaker, every American has a fundamental right to privacy that should be protected from intentional, unwanted incursion. S. 1301, the Video Voyeurism Prevention Act takes an important step towards updating our nation's privacy protections for a new generation of video and camera technology. I support passage of this legislation.

Mr. Chairman, I would like to bring the House's attention to the important issue of election reform funding in H.R. 5025, the fiscal year 2005 appropriations bill for the Departments of Transportation and Treasury, and independent agencies.

Late last year, the four members of the U.S. Election Assistance Commission were finally confirmed and able to begin their work to provide election assistance grants and guidelines to the states. Since they assumed office and the Commission began its work in earnest, it has provided over $1.5 billion to the states to meet the requirements of the Help America vote Act (HAVA) for the development of innovative election technology, pilot programs to test election technology, and programs to promote youth involvement in elections.

I am very pleased that in the past two years, we in Congress have provided most of the funds promised for implementing the Help America vote Act. There remains, however, an unpaid balance of $800 million. I am disappointed that this bill does not pay off that balance. While some may say that the funds we have already appropriated for election reform grants has not been spent, and therefore more funds are not necessary at this time, I would argue that now that we have a functioning EAC, we can expect the pace of grants provided to the states to increase sharply.

I am very encouraged that this bill contains funding needed by the EAC to become fully operational. In particular, I support the bill's appropriation of $10 million for the EAC's operating expenses and $5 million for research authorized by HAVA. I hope that these funding provisions will receive wide support from my colleagues and remain intact as this bill works its way through the legislative process.

The EAC is currently understaffed and stretched thin to fulfill its mission. With the funds provided by this bill, the EAC will be able to more quickly provide states with their election assistance grants, and fulfill other mandates of the Help America Vote Act. These are critical to restoring the trust in our elections that was so greatly damaged by the deficiencies in our electoral system exposed by the 2000 general election. One of the most important functions of the EAC that this bill will fund is the development of voting system guidelines that states are waiting for in order to make important decisions about which voting systems to acquire. These guidelines will be developed in consultation with the National Institute of Standards and Technology and the technical Guidelines Development Committee, and will also result in a national program to test, certify, and decertify voting system.

HAVA created many new requirements in election administration, and many states are looking toward the EAC for guidance on how to implement these requirements, such as provisional voting, voting information requirements, implementation of identification provisions, and implementation the statewide computerized voter registration databases. With the operating funds included in this bill, the EAC will be able to provide such guidance and states will in turn be able to appropriately spend the election assistance grants they have received so far.

Other important EAC functions that this bill funds are audit and oversight responsibilities to ensure that states are appropriately administering their grants and submitting relevant reports required by

Mr. Speaker, I thank the gentleman from Alaska (Chairman Young), the ranking member, the gentleman from Minnesota (Mr. Oberstar), the gentleman from Ohio (Mr. LaTourette), and the gentlewoman from the District of Columbia (Ms. Norton) for bringing this bill to the floor.

I could go over all of Hippo's accomplishments, and I say ``Hippo'' with the greatest affection and respect. Few people ever referred to him by formal title because he would not have it. And if he were alive and we were honoring him in this fashion today, he would probably be a little humbled and embarrassed.

Mr. Speaker, I will keep my remarks brief, but a man of the caliber and decency of Hippo Garcia deserves a couple of minutes to recognize his true contribution. Members have heard of his professional accomplishments, his sacrifices and contributions to the legal profession, to the city and the State and to this country, but I would like to bring out the human side of Hippo, that he was probably one of the most decent human beings one could ever meet.

He was a mentor and second father to many young San Antonio lawyers. I had the privilege of practicing before him when he was a county court law judge, a State district court judge, and then he moved to the Federal level. Many of us sought counsel with Hippo, a brave and wise man. We all had our first trials in Hippo's court. My first nonjury trial, which I lost, my first jury trial, which I also lost, come to think of it; but somehow it was a learning experience for everyone.

In the era of determinative sentences, mandatory guidelines, Hippo was an individual that still had a great deal of compassion and understanding and exercised that kind of discretion in such a responsible manner to make all of us proud.

Many people say the last thing we want is a liberal activist judge. I am here to tell Members that Hippo Garcia was a liberal activist judge. And what I mean by that is, his rulings always exhibited a liberal dose of humanity and decency and compassion. He was an activist, no doubt, and that activism was in the pursuit of justice.

Mr. Speaker, I wish to thank everyone who made this possible. Of course, the building we are naming is right across from the Alamo, which is a fitting location, so that everyone that passes by there will always remember the great sacrifices of the defenders of the Alamo, and look up and see Hippo's name on the Federal Building and remember the great contributions of a great man by the name of Hipolito Garcia.

Mr. Speaker, I thank the gentleman. It is a pleasure joining the gentleman on such an important topic. It may be late at night, as someone observed, but I think most American families, they are used to staying up late right before April 15. And as a matter of fact, people get extensions, so I think there will be other late nights because no one is going to go through 10,000 pages looking for the answer unless they have a lawyer or an accountant.

The Democrats do not have a monopoly on this particular issue. What I do believe we have is a sincere interest in doing something about it. A very distinguished colleague of ours who happens to have a seat on the other side of the aisle recently stated, ``We have been here long enough. We had better deliver a simplified Tax Code. I think this should be a centerpiece of reform for congressional Republican candidates. Instead of tax cuts, we should be talking tax simplification.''

Now, those are words. They were in the majority. They could make it happen. But it is not happening. So wherein lies the problem? It is all talk.

Let me read something to you which I have always found interesting. I cut this article out 2 years ago because I thought it was so incredibly demonstrative of plain words lacking real intention and action. We were looking at that time, or the administration was looking for a commissioner to head the Internal Revenue Service. They hired a firm, a head-hunting firm to proceed with the search. This was the ad.

``Our firm has been awarded the assignment by the Department of Treasury through Secretary O'Neill and a Presidential oversight board to identify possible candidates to become the Commissioner of Internal Revenue Service. From this list the Secretary will recommend to the President individuals for his nomination to the United States Senate for confirmation.''

This is the part that I enjoy. ``The individual does not need to have any in-depth exposure to the tax system or code.'' They need not understand the problem. They need not understand the code. But what was the most important thing the administration was looking for? Here it is. ``As an appointee of the President, he or she is expected to fully support the President's position and his administration's position.''

You are going to get your marching orders from the administration, which means you are not going to simplify anything. I think someone said earlier tonight that the President may be viewing as his base those individuals that find aid and comfort in 10,000 pages of complex legislation, that does not inure to the benefit of the average American.

Speakers before me pointed out I think a real basic tenet in our democracy. Everybody will do their own fair share, including the payment of taxes.

According to the Treasury Department, actual corporate income tax revenues fell 36 percent from fiscal year 2000 to 2003, 3 years, 36 percent drop.

From 1996 to 2000, 95 percent of corporations paid than less 5 percent of their income in taxes. From 1996 to 2000, 60 percent of U.S.-based corporations paid no corporate tax at all. Among large corporations, those with sales of more than $50 million or assets of at least $250 million, 33 to 45 percent paid no taxes. Do you know why? Therein, somewhere in those 10,000 pages, we allowed this to exist today.

Warren Buffet declared, ``If class warfare is being waged in America, my class is clearly winning.''

This is not an anti-business message. The Democratic Party and the policies and agenda and philosophy is pro-business. All we can ask is that everyone carry an equal burden and make their equal contribution. That is not so unfair. That is as American as anything that exists in any political philosophy.

The leader touched on what is happening within the IRS and how his hands are tied because of obviously fiscal constraints and policy. The IRS says that its number of corporate audits has declined because of the explosive growth in tax shelters which allow

companies to take advantage of complex tax code provisions. In other words, the increasingly complex tax code has made it more difficult for the IRS to go after corporate tax evaders. In the meantime, middle class families remain open and increasing targets for the audits.

To quote David Keating, of the conservative National Taxpayers Union, ``If we had simpler tax laws, it would be simpler for taxpayers to follow and simpler for the IRS to enforce and administer.''

I recognize we are running out of time, but to give my colleague a clear example of what we have contained in those 10,000 pages, unknown to most of the average taxpayers is section 179. What is section 179? I am going to read you from an article that appeared in the Washington Post on September 26, 2003.

This is a sales representative for Hummer of Alaska. You know what Hummer is, the huge car. Allow me to introduce you to a fabulous opportunity, he writes in a prominent letter, a tax loophole so big you can drive a Hummer H2 through it. Imagine being able to purchase the number one large, luxury SUV in America today and receive a deduction for the entire purchase amount from your taxes this year. How is this possible, the salesman asks? Thanks to the Bush administration's recent economic stimulus package, small businesses and the self-employed are eligible to deduct the entire purchase cost of new equipment up to $100,000 the year of the purchase.

Now, we need to remind our colleagues, these provisions are supposed to help farmers and small business owners buy equipment to transport merchandise and haul equipment. No matter.

The letter continues: The Hummer H2 qualifies for this IRS section 179 deduction by its gross vehicle weight of over 6,000 pounds. Cars and medium-sized SUVs do not qualify for this deduction. If you are seriously considering acquisition of a new vehicle, step up to the vehicle that can take you where you want to be, financially and otherwise.

It does not stop there, because I will tell my colleague, you can go out and buy a Porsche SUV for about $90,000, and it will qualify for section 179 in those 10,000 pages that some taxpayer gets to write off in that 1 year to drive that luxury vehicle.

I do want to remind my colleagues that someone on the Democratic side has introduced legislation to correct that. It will never see the light of day because we are not in the majority. That is what we are talking about. We have already talked about the different tax breaks for families that they could figure out.

Taxpayers overpay their taxes by an estimated $1 billion a year because they fail to claim itemized deductions. How many taxpayers actually go through the trouble of figuring the code out so they can itemize? About one-third of taxpayers who are eligible for the earned income tax credit which is designed to help the working poor fail to claim it because it is too complicated. It is so complicated that tax preparers are responsible for nearly 70 percent of the errors and overclaims on returns. The people that are supposed to know the business cannot figure it out.

I will leave you with one thought. Time is money. Simplification does translate into savings and responsibility and sharing the tax burden equally. Time is money, and I say this to the American taxpayer. It is your time and it is your money, and you deserve a heck of a lot better treatment.

Mr. Speaker, I rise today in recognition of Laura Dominguez, a very special young woman whose life can teach us all about the power of perseverance and love. Laura is a bit quiet until you get to know her, but once you do, you find that she is smart, witty, and brave. You also learn of her loving family: her parents, Rosie and Abel, and her older brother Abel Aaron.

In July 2001, Laura and her brother were driving home from summer school. There was an oil slick in the road that made the car uncontrollable. Laura broke her neck at the C-6 level, qualifying her as a quadriplegic. At that time, doctors told her that she would never walk again. Laura was undaunted by this prognosis.

Ever since that day, Laura and her family have demonstrated an unbelievable amount of fortitude and perseverance. They have consulted with a number of spinal cord specialists with the hope of watching Laura walk again. Laura spent six months in St. Louis and one year in California so that she could receive the best treatment available. It was in California that the Dominguez family learned of a surgery being done in Portugal in which tissue from one's sinus area is transplanted into the spinal cord at the injury sight. In March 2003, Laura traveled to Portugal and became the tenth person in the world, and only the second American, to undergo this surgery.

By July 2003, 70% of the lesion in Laura's spinal cord looked like normal spinal cord tissue. Since that phenomenal surgery, Laura has also regained feeling down to her hip level and she has begun to regain some feeling and movement in her legs. Now Laura, once seen as a lost cause by some members of the medical community, has regained her ability to stand with the use of a walker.

Laura is in Washington, D.C., today to share her story, so that we may put a face to the abstract debates that occur in Congress regarding the benefits of stem cell research. Laura is also a living symbol of hope for the more than 200,000 people in the United States who are living with a spinal cord injury. Her story demonstrates the seemingly unattainable feats that can be accomplished when one has faith in oneself, and the unwavering love and support from family and friends.

I wish Laura and her family many blessings as she continues to push her body and her mind to overcome her physical challenges.

Mr. Chairman, I think in any debate, whether it is this amendment or any other amendment, I do not think we should ever question any Member's commitment or dedication to the war on terror. The funding that is sought in this particular amendment will not jeopardize our effort on the war on terrorism, and I think we need to start off with that understanding so we remain focused on the true intent of this particular amendment, and that is the very lifeline or lifeblood to small businesses in securing loans.

Small businesses already operate at great disadvantage. They do not get the same deductions as big corporations. They cannot go and establish their headquarters offshore and abroad to avoid paying taxes. This is all about the American dream. This is all about sweat and toil and commitment to this great capitalist system that makes this great democracy the great democracy that we have today.

We will never support democracy without a strong economy. I look at this as the greatest investment we can possibly make. We have to remain focused on the true intent of this particular amendment. These will be loans

that are being made because of the funding in the guarantee. These are loans that would not be made otherwise. This is not a subsidy to banks. It is about risk, and there is nothing wrong with taking risk into consideration. We make that accommodation which makes money and capital available to the small businesses, the very strength of our economy, which lends credence, which lends viability to this great democracy. This is what it is all about, and I would hope everyone in this Chamber when we vote today will support small businesses throughout this country.

Mr. Speaker, on rollcall Nos. 25, 26, and 27, had I been present, I would have voted ``yes.''

Mr. Speaker, I rise today in recognition of a very special woman, Mary Jessie Gonzalez Roque, known by her friends as ``Susie.'' Susie is a valued employee of mine who is retiring after thirty-three years of dedicated service to the federal government. I would like to take this opportunity to acknowledge this important milestone in her life, and to also express my appreciation for the impact she has made on the lives of the constituents of the 20th District of Texas.

Susie's parents immigrated to the United States from Mexico before she was born so that they might have a piece of the American dream. They raised Susie, their first born, and her four siblings in San Antonio. Susie exhibited her value of education throughout her elementary, high school, and college careers. She parlayed this love of education and her skill of helping others into a job as a teacher at Burbank High School in San Antonio during the 1970-1971 academic year.

In 1971, Susie obtained a summer job in the District Office of my father, former U.S. Congressman Henry B. Gonzalez. She was hired full- time to handle casework for the 20th District of Texas and her summer job turned into a thirty-three year career.

Susie has expressed pride in working for my father, a notable figure in Texas and U.S. politics. He was celebrated in San Antonio as being a man who gave a voice to those who could not speak for themselves. Susie was vital to my father's efforts in this endeavor because she worked in close contact with people

who could not navigate through the often convoluted systems of federal bureaucracies by themselves.

I was blessed to be elected to represent the 20th District of Texas in 1998. Like my father before me, I recognize the value of providing good constituent services to those whom I represent. Therefore, I hired Susie to continue in her casework position so that she could continue to provide important services for constituents. Her many accomplishments led me to promote her to be my District Office Director.

In the five and one-half years that Susie has worked for me, she has proven herself invaluable to me, my staff, and the constituents of the 20th District of Texas. She assists people with a wide variety of problems that they experience with federal government agencies, and sometime state and local agencies. These problems include, but are certainly not limited to, immigration cases, military matters, housing problems, health and social services inquiries, and federal workers compensation claims.

I am sincerely proud to count myself among those who have had the opportunity to know and work with Susie. Her steadfast dedication to her job has had an impact on many individuals' lives. Also, her knowledge and skills have enabled those of us who have worked with her to do our jobs better. I wish her many blessings and the very best for her retirement. She will be greatly missed.

Mr. Speaker, I rise today in recognition of the retirement of Ruby Lehrmann, Chief United States Probation Officer for the Western District of Texas. I would like to take this opportunity to acknowledge Ruby's long and prestigious career, as well as the countless contributions she has made to her community.

Ruby's professional life reflects hard work, determination, and commitment that began during her college years at Sam Houston State University, where she earned both her Bachelor of Arts and Master of Arts in the field of Health Education. During her undergraduate studies, Ruby was a summer intern with the Goree Unit of the Texas Department of Corrections. Through this internship experience, Ruby began to lay the foundation for her impressive career.

After obtaining her Master's degree, Ruby continued a steady climb up the ranks in the Texas Department of Corrections until she became Assistant Warden for the Goree Unit. In September of 1975, this remarkable woman became the first female U.S. Probation Officer for the Western District of Texas. She was then promoted to Deputy Chief United States Probation Officer in 1983 and was named Chief United States Probation Officer for the Western District of Texas in January of 1995.

Throughout her admirable career, Ruby has always maintained her commitment to education. She has served as an adjunct professor for St. Mary's University and Our Lady of the Lake University. In this capacity, Ruby has shared her knowledge and experiences with others in order to help them achieve success as she has. She has also served as a co-chairman and mentor for Burnet Elementary school in the San Antonio Independent School District.

Ruby's dauntless commitment to her community has been very impressive. She has contributed to San Antonio through volunteer service for many organizations, including the San Antonio Conservation Society and the United Way. In addition to these activities, Ruby is also deeply involved in her church, Concordia Lutheran. There, she has served on a number of committees and has been a coach and a Sunday School teacher.

I deeply appreciate Ruby's many contributions to the Texas Department of Corrections, the U.S. District Court for the Western District of Texas, and the city of San Antonio. Her dedication to her career and the humanitarianism she consistently exhibits in her community have made Ruby a role model for all of us. I am proud of Ruby's accomplishments and I wish her continued happiness and success upon her retirement.

Mr. Speaker, on rollcall No. 231, had I been present, I would have voted ``yes.''

Mr. Speaker, on rollcall Nos. 229 and 230, I was delayed due to inclement weather and was unable to attend. Had I been present, I would have voted ``yes''.

Mr. Speaker, on rollcall no. 153, 154, 155, I was not present due to inclement weather in Texas which delayed my arrival in Washington. Had I been present. I would have voted ``yea.''

Mr. Speaker, I rise on this day during Teacher Appreciation Week in recognition of a very special person, Clyde Lehmann. Mr. Lehmann has been selected to receive the 2004 Milken National Educator Award.

The Milken National Educator Award is a very prestigious award that acknowledges quality teachers, and highlights how they are required to ensure the academic success of America's students. It is bestowed upon K-12 teachers in recognition of demonstrated excellence in teaching. Awardees are chosen based upon their: Exceptional educational talent as evidenced by outstanding instructional practices in the classroom, school and profession; outstanding accomplishments and strong long- range potential for professional and policy leadership; and engaging and inspiring presence that motivates and impacts students, colleagues and the community.

Mr. Lehmann has certainly earned such an award. As a Latin teacher at Northside Health Careers High School, he uses creativity to keep his students interested in learning. He accomplishes this by using poetry, performance, song, and even travel to pique students' interest in his classes.

His unfaltering dedication to the achievement of his students is reflected in their impressive academic successes--a large number of Mr. Lehmann's students have earned gold and silver medals at National Latin competitions. He has demonstrated his interest in and passion for Latin through his teaching. This passion has seemingly been contagious--four of his former students have become Latin teachers.

Mr. Lehmann has demonstrated his devotion to Latin by engaging in related activities outside of the classroom. This teacher's devotion to his realm of study has led him to sponsor the Health Careers Latin Club which, with one hundred members, is one of the largest organizations on campus. Along with his wife, Mr. Lehmann has organized summer tours of ancient sites in Rome for his students. Additionally, he also has twice served as the president of the San Antonio Classical Society.

I am very proud of Mr. Lehmann and his professional accomplishments. Nothing is more important in one's life than education. I am pleased to acknowledge a man whose knowledge, commitment, drive, and enthusiasm have clearly been a meaningful, positive influence on his students' lives.

Mr. Speaker, on rollcall Nos. 118, 119, 120, had I been present I would have voted ``yes.''