Floor Statements

Mr. Speaker, I ask unanimous consent that the Committee on Energy and Commerce be discharged from further consideration of the bill (H.R. 5419) to amend the National Telecommunications and Information Administration Organization Act to facilitate the reallocation of spectrum from governmental to commercial users; to improve, enhance, and promote the Nation's homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 services, to further upgrade Public Safety Answering Point capabilities and related functions in receiving E-911 calls, and to support in the construction and operation of a ubiquitous and reliable citizen activated system; and to provide that funds received as universal service contributions under section 254 of the Communications Act of 1934 and the universal service support programs

established pursuant thereto are not subject to certain provisions of title 31, United States Code, commonly known as the Antideficiency Act, for a period of time, and ask for its immediate consideration in the House.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 5419.

Mr. Speaker, I rise today for two reasons: First, to support S. 150, ``The Internet Tax Nondiscrimination Act,'' and, second, to clarify a mischaracterization of a provision of S. 150 that has appeared in the media and perhaps in the minds of some of my colleagues concerning the affect of S. 150 on Voice over Internet Protocol or VoIP.

First, I support passage of S. 150 and commend my colleagues in both the House and the Senate for working vigorously to forge a compromise that addresses, albeit in a temporary fashion, the most important issue we face today concerning what's been termed the ``digital divide''-- bridging the gap between those who have Internet access and those who do not by protecting such access for all Americans from overburdensome taxation by a multiplicity of State and local governments that would directly and substantially inhibit the growth and expansion of this still relatively young technology. This bill extends until November 2007 the current moratorium that prohibits States, or their political subdivisions, from taxing Internet access or imposing multiple or discriminatory taxes on electronic commerce. Both houses of Congress also compromised on the treatment of States who had been taxing Internet access even before 1998 when Congress passed the Internet Tax Freedom Act. The grandfathered status of those States to continue taxation of Internet access will be extended for 3 more years under S. 150. While I support the compromise we are voting on today because it accomplishes our intent to prohibit State and local taxation of Internet access in the interim, I still firmly believe that we should permanently prohibit State taxation of Internet access in the future. However, I do look forward to working with our State, county, and city leaders in the future to address the broader issue of taxation of goods and services over the Internet. Everyone recognizes that the Internet knows no borders, domestically or globally, and we should treat it as such by permanently prohibiting an estimated 30,000 different jurisdictions nationwide from imposing taxes on Internet access and stifling this innovative technology that has become not only a useful informational, educational, and recreational technology for most Americans but also an economical necessity for our business community.

Second, and more importantly for my purposes as the lead sponsor in the House of H.R. 4129, the ``VoIP Regulatory Freedom Act of 2004,'' S. 150 as passed by the Senate contains a provision specifying that Voice- over-Internet-Protocol (``VoIP'') services are not covered by the moratorium. That provision states:

Mr. Chairman, I rise today to support the Amendment being offered by Mr. Barton, Chairman of the House Energy and Commerce Committee. First, I would like to thank Chairman Barton for his leadership on this issue. I agree with Chairman Barton that H.R. 10 is not the vehicle by which to effectively transition this precious public spectrum to public safety and valuable commercial and non-licensed uses. In order to address all issues and concerns, we must take a comprehensive approach and develop a comprehensive solution so that our first responders receive all the tools they need and the American people receive the unimaginable benefits of digital technology. The Senate proposal is the wrong approach and I hope we will work to accomplish our goal in a more all-inclusive process focusing on all broadcast issues. We cannot effectively address the digital transition piece by piece. I look forward to working with Chairman Barton on this very important issue in order to find a date that is appropriate and achievable in order to effectively transition to that new and exciting digital age of television that will promote public safety, encourage innovation, create jobs, and benefit all Americans.

Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 741) to amend the Federal Food, Drug, and Cosmetic Act with regard to new animal drugs, and for other purposes.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on S. 741.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise today to highlight a problem faced by livestock and food animal producers, animal and pet owners, zoo and wildlife biologists, and animals themselves, as well as to present a policy remedy that can lead to a solution for this often unnoticed threat.

We face a severe shortage of approved animal drugs for use in minor animal species. These include sheep, goats, game birds, ranched deer, rabbits and all fish and shellfish. A similar shortage of pharmaceutical medicines exist for major animal species for diseases that occur infrequently or which only occur in limited geographic areas. These species include horses, cattle, dogs, cats, swine, and others. Millions of animals go either untreated for illnesses or treatment is delayed, due to the lack of availability of these minor use drugs. This produces not only unnecessary animal suffering, but could also pose a serious threat to human health, while undermining our agricultural industry.

An unhealthy animal left untreated can spread disease through an entire stock of its fellow species, resulting in severe economic losses and hardships to our farmers and ranchers. Ultimately, these costs are passed on to consumer food costs.

One example that is reported in my home State of Mississippi is the catfish industry, the fifth largest agricultural sector in my home State. Every year, they lose approximately $60 million attributable to minor diseases for which drugs are not available to treat aquaculture and catfish. In this industry alone, we have approximately 800 different species, yet the industry has only six drugs approved for use in treating aquaculture diseases. It creates tremendous economic hardship and animal suffering within the industry.

Restricted market opportunity, low profit margin, and the requirement of massive capital investment prevents the economic feasibility of drug manufacturers in pursuing research, development, and government approval for medicines used in minor species and infrequent conditions and diseases.

As a sponsor of this bill, or one similar to the one we introduced in the House, it is an honor today to resolve this issue with the passage of S. 741, the Minor Use and Minor Species Act, or affectionately referred to as the MUMS Act. This legislation will allow companies the opportunity to develop and approve minor use drugs which are of vital interest to a large number of animal industries. Our legislation incorporates the major proposals of the FDA's Center for Veterinary Medicine to increase the availability of drugs for minor animal species and rare diseases in major species.

The Animal Drug Availability Act of 1996 required the Food and Drug Administration to provide Congress with a report describing administrative and legislative proposals to improve and enhance the animal drug approval process for minor uses and minor species of new animal drugs. This report by FDA delivered to Congress in December of 1998 laid out nine proposals. Tonight, eight of these FDA proposals require statutory changes, and this bill before us reflects those changes called for in the report. Today's MUMS Act creates incentives for animal drug manufacturers to invest in product development and obtain FDA marketing approvals. Furthermore, it creates a program very similar to the successful Human Orphan Drug Program that over the past 20 years has dramatically increased the availability of drugs to treat rare human diseases.

Mr. Speaker, besides providing benefits to livestock producers and animal owners, this measure will develop incentives in sanctioning programs for the pharmaceutical industry, while maintaining and ensuring public human health. This measure is supported by the Food and Drug Administration, the American Farm Bureau, the Animal Health Institute, the American Veterinary Medical Association, and virtually every organization representing all genres of minor animal species. This is vital legislation which will fill a great need in the animal health world.

S. 741 will alleviate much animal suffering. It will promote the health and well-being of minor animal species, while increasing and protecting human health. It benefits pets and provides the emotional security of the pets and their owners. It will provide greater health security to various endangered species of aquatic species, and it will reduce economic hardships and risks to farmers and ranchers.

This is a commonsense piece of legislation which will benefit millions of Americans, from our farmers to our pet owners. I call on all of my colleagues in the House to support S. 741, and I take personal privilege to thank my staff who have worked on this, John Rounsaville and Cade King. They have worked hard and worked effectively to bring this bill to passage in the House, to passage in the Senate, and to the President's signature soon.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

I want to commend the gentlewoman from New York for all of her hard and good and effective work and that of her staff. It is a great accomplishment after a long path to get to this place, both on the allergens and on the MUMS. I am glad that we could find a coalition that could make something during a difficult Congress actually pass, and we will send this to the President. It will be signed, and we can celebrate soon.

So I thank the gentlewoman for her good and hard work and the gentleman from Pennsylvania (Mr. Greenwood) and the gentleman from Texas (Mr. Barton) and the gentleman from Michigan (Mr. Upton) and many from the committee. Again, my staff, Cade King and John Rounsaville, I wish that they could be here with us tonight to celebrate.

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. Speaker, I rise today to introduce the Arthritis Prevention, Control, and Cure Act of 2004.

The prevalence of chronic diseases in the U.S. has become the most significant public health problem of our current day. It is estimated that by the year 2020, 157 million Americans will suffer from some chronic illness. Whether it is asthma, diabetes, heart disease or arthritis, these conditions are costly to our health care system and erode quality of life.

With more than 100 different forms, arthritis is one of the most widespread and devastating conditions in the United States. Nearly 70 million, or one in every three, American adults suffers from arthritis or chronic joint symptoms, and nearly 300,000 children live with the pain, disability and emotional trauma caused by juvenile arthritis. In some cases, the disease causes deformity, blindness and even death. As the number one cause of disability in the United States, arthritis is a painful and debilitating chronic disease affecting men, women and children alike--arthritis has no boundaries. Simple, daily tasks like brushing teeth, pouring a cup of coffee and even just getting out of bed become excruciating obstacles for millions of people with the disease.

The costs associated with arthritis are immense. The disease results in 750,000 hospitalizations, 44 million outpatient visits and 4 million days of hospital care every year. The estimated total costs of arthritis in the U.S., including lost productivity exceeds $86 billion.

Arthritis is an overwhelming and debilitating hardship for countless families. While the current impact of the disease is quite astounding, there is much that can be done to prevent and control arthritis. Despite myths that inaccurately portray this illness as an old persons' disease, some forms of arthritis, such as osteoarthritis, can be prevented with weight control and other precautions. More broadly, the pain and disability accompanying all types of arthritis can be minimized through early diagnosis and appropriate disease management.

The goal of this legislation is to lessen the burden of arthritis and other rheumatic diseases on citizens across our Nation, like my constituent, Alfred Price of Brandon, Mississippi. Mr. Price has suffered from rheumatoid arthritis for more than 49 years and has shown me over the years the damaging effects of the disease to his body.

In recent years, increasing effective research into the prevention and treatment of arthritis has led to measures that successfully

reduce pain and improve the quality of life for millions who suffer with this disease. Cooperative efforts at every level have led to the development of a National Arthritis Action Plan, with emphasis on public health strategies to make timely information and medical care much more widely available across the country. This legislation would develop a National Arthritis Education and Outreach Campaign to educate health-care professionals and the public on successful self-management strategies for controlling arthritis.

To ensure greater coordination and intensification of federal research efforts, this legislation would create a National Arthritis and Rheumatic Diseases Summit to look at challenges and opportunities related to arthritis research within all the agencies of the Department of Health and Human Services.

For the 300,000 children who are affected by this disease, this legislation expands and intensifies research for juvenile arthritis at the National Institutes of Health through the creation of planning grants for innovative research. It also creates incentives to encourage health professionals to enter the field of pediatric rheumatology through the establishment of education loan repayment and career development award programs. These incentives would help to address the severe shortage of these specialists in our country, so that all children will have greater access to physicians trained in state-of- the-art care for arthritis.

Mr. Speaker, we need to make the necessary investments in the fight against arthritis--our nation's number one cause of disability. This legislation will improve the quality of life for large numbers of adults and children and avoid thousands of dollars in medical costs for each patient. I urge all my colleagues from both sides of the aisle to support this legislation and enact it in a timely manner so millions of Americans, like Mr. Price, can live life with more hope and less pain.

Mr. Speaker, forty years ago this Sunday, members of the Ku Klux Klan committed a terrible crime against three young men in Neshoba County. It was a crime against them, a crime against equality, and a crime against freedom. As we remember the killings of James Chaney, Andrew Goodman and Michael Schwerner during the 1964 Freedom Summer in Mississippi, I'd like to take the opportunity to share with you the statements of that community today in 2004. These statements represent a call by community leaders; a tri-racial commission of blacks, whites, and Choctaws; and city and county elected officials to seek justice and forgiveness for these crimes of the past. Like the rest of the country, Mississippi still has much work to do concerning racial reconciliation, but I believe we have come further and are more committed to racial harmony than many other states. But I will let this Neshoba County community speak for itself:

First is the Philadelphia Coalition's Resolution for Justice. This tri-racial coalition led by Leroy Clemons and James E. Prince III is leading the call for justice in this community, and organizing the events affiliated with the 40th Anniversary Memorial this weekend.

The Philadelphia Coalition's Resolution for Justice: Statement Asking

for Justice in the June 21, 1964 Murders of James Chaney, Andrew

Goodman and Michael Schwerner

Forty years ago, on June 21, 1964, three young men, James

Chaney, Andrew Goodman and Michael Schwerner, were murdered

in Neshoba County by members of the Ku Klux Klan.

The state of Mississippi has never brought criminal

indictments against anyone for these murders--an act of

omission of historic significance. There is, for good and

obvious reasons, no statute of limitations on murder. This

principle of law holds that anyone who takes the life of

another person for any reason not provided by law is never

immune from prosecution, no matter how remote in time.

With firm resolve and strong belief in the rule of law, we

call on the Neshoba County District Attorney, the state

Attorney General and the U.S. Department of Justice to make

every effort to seek justice in this case. We deplore the

possibility that history will record that the state of

Mississippi, and this community in particular, did not make a

good faith effort to do its duty.

We state candidly and with deep regret that some of our own

citizens, including local and state law enforcement officers,

were involved in the planning and execution of these murders.

We are also cognizant of the shameful involvement and

interference of state government, including actions of the

State Sovereignty Commission, in thwarting justice in this

case.

Finally, we wish to say to the families of James Chaney,

Andrew Goodman and Michael Schwerner, that we are profoundly

sorry for what was done in this community to your loved

ones. And we are mindful of our responsibility as citizens

to call on the authorities to make an effort to work for

justice in this case. Continued failure to do so will only

further compound the wrong.

We, the undersigned, call on those in authority to use

every available resource and do all things necessary to bring

about a just resolution to this case.

The Philadelphia Coalition.

Next comes the resolution by the Neshoba County Board of Supervisors, the elected leadership of this community on the county level.

Neshoba County Board of Supervisors' Resolution

Forty years ago, on June 21, 1964, three young men, James

Chaney, Andrew Goodman, and Michael Schwerner, were murdered

in Neshoba County.

The State of Mississippi has never brought criminal

indictments against anybody for these murders. There is for

good and obvious reason, no statute of limitations on murder.

This principal of law holds that anyone who takes the life

of another person for any reason not provided by law is never

immune from prosecution, no matter how remote the time.

With firm resolve and strong belief in the rule of law, we

call on the appropriate authorities to make every effort to

seek justice in this case.

We regret that history will record that the authorities did

not make a good faith effort to do its duty and we call on

the people in authority to make an effort to seek justice in

this case.

Finally, we wish to say to the families of James Chaney,

Andrew Goodman, and Michael Schwerner that we regret what was

done in this community to your loved ones.

We, the undersigned, call on those in authority to use

every available resource and do all things necessary to bring

about a just resolution to this case.

By: James Young, President, Neshoba County Board of

Supervisors.

The leadership of the City of Philadelphia, the county seat and population center of Neshoba County, has also passed a resolution in support of this seeking of justice.

City of Philadelphia's Resolution: Resolution Asking for Justice in the

June 21, 1964 Murders of James Chaney, Andrew Goodman and Michael

Schwerner

Forty years ago, on June 21, 1964, three young men, James

Chaney, Andrew Goodman, and Michael Schwerner, were murdered

in Neshoba County.

The State of Mississippi has never brought criminal

indictments against anybody for these murders. There is for

good and obvious reasons, no statute of limitations on

murder. This principal of law holds that anyone who takes the

life of another person for any reason not provided by law is

never immune from prosecution, no matter how remote the time.

With firm resolve and strong belief in the rule of law, we

call on the appropriate authorities to make every effort to

seek justice in this case. We regret that history will record

that the authorities did not make a good faith effort to do

its duty and we call on the people in authority to make an

effort to seek justice in this case.

Finally, we wish to say to the families of James Chaney,

Andrew Goodman, and Michael Schwerner that we regret what was

done in this community to your loved ones.

We, the undersigned, call on those in authority to use

every available resource and do all things necessary to bring

about a just resolution to this case.

By: Rayburn Waddell, Mayor; Janice Payne, Alderwoman at

Large; Joe Tullos, Alderman, Ward I; Roy White, Alderman,

Ward 2; Ronnie Jenkins, Alderman, Ward 3; and, Bobbie

Jackson, Alderwoman, Ward 4.

The Community Development Partnership is Neshoba County and Philadelphia's chief economic development organization and represents the interests of many businesses, financial institutions and companies in the region.

Community Development Partnership's Resolution

Resolution Asking for Justice in the June 21, 1964 Murders

of James Chaney, Andrew Goodman and Michael Schwerner.

Forty years ago, on June 21, 1964, three young men, James

Chaney, Andrew Goodman, and Michael Schwerner, were murdered

in Neshoba County.

The State of Mississippi has never brought criminal

indictments against anybody for these murders. There is, for

good and obvious reasons, no statute of limitations on

murder. This principle of law holds that anyone who takes the

life of another person for any reason not provided by law is

never immune from prosecution, no matter how remote the time.

With firm resolve and strong belief in the rule of law, we

call on the appropriate authorities to make every effort to

seek justice in this case. We regret that history will record

that the authorities did not make a good faith effort to do

their duty and we call on the people in authority to make an

effort to see justice in this case.

Finally, we wish to say to the families of James Chaney,

Andrew Goodman, and Michael Schwerner that we regret what was

done in this community to your loved ones. We the

undersigned, call on those in authority to use every

available resource and do all things necessary to bring about

a just resolution to this case.

By: Brenda Mills, Chairwoman of the Board; and David

Vowell, President.

This Mississippi Band of Choctaw Indians have long represented an integral part of this community and has created a model of economic and community revitalization and development. Today they have moved from poverty to prosperity and are an integrated part of both the community and this call for justice.

Letter From the Tribe of Mississippi Choctaw Indians

Dear Friends and Neighbors: Forty years ago, three

communities, white, black, and Choctaw, lived in Neshoba

County separated by fear, ignorance, and bigotry.

Although all of us were Neshoba Countians, Mississippians,

and Americans, living together in a relatively small

geographic region, we lived apart in our separate communities

seeking protection and self-preservation among our own kind.

Mainly what we knew of one another was to be wary. Being a

small community many of us did interact and often

positively, but mutual respect, honor, and acceptance were

indeed not commonalities shared between us.

Being forced apart, we were often denied the opportunity to

learn from one another's differences and to gain from each

other's strengths. Forty years ago, three young men who

ignored the walls of separation between our communities were

sacrificed to the fears and hatreds that long simmered

throughout our country. Forever since, Neshoba County has

been associated with an act of infamy. However, those three

that we lost, live among us today.

While it is right to mourn them, we honor them more when we

celebrate their lives for the positive changes they provided

to all of us.

Today white, black, and Choctaw still live together in

Neshoba County. We also work together, transact business

together, learn together, worship together and play together.

While we have not eliminated fear, ignorance, or bigotry,

we have surpassed those constraints and are prospering

together.

While we continue to maintain our separate communities, we

do so now not to, but because we choose to in order to

preserve our unique cultural identities.

Now, forty years later, we come together with ease, and as

equals not just to remember the trauma of the past, but more

importantly, to admire our present, and plan our future

together. All of our communities have changed for the better,

we have an economy that is flourishing, our people are

working and prospering, with the Tribe alone providing more

than 9,000 jobs. When we work together and support one

another, good things happen.

On behalf of The Mississippi Band of Choctaw Indians, I

commend Philadelphia Coalition for its efforts to celebrate

our unity.

Sincerely,

Phillip Martin,

Tribal Chief.

Mr. Speaker, today at the request of this community, federal and state law enforcement officials are actively studying the potential of reopening this case to bring any remaining murderers to justice. The purpose is not to reopen old wounds, but to bring closure and healing to those wounds by providing the remedy of justice.

This weekend, I will participate in events in Neshoba County memorializing the deaths of three men who sought equality, justice and civil rights. We will remember the past, take stock of the present, and work for the future. We are a better Mississippi today, we will be still better tomorrow. I commend this community for showing leadership and embracing justice and look forward to working with all the citizens of Neshoba County as we continue to move forward both socially and economically. Thank you, Mr. Speaker.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3658) to amend the Public Health Service Act to strengthen education, prevention, and treatment programs relating to stroke, and for other purposes, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this legislation and to insert extraneous material on the bill.

Mr. Speaker, I yield myself such time as I may consume.

As one of the sponsors of this bill and serving on the Committee on Energy and Commerce, I would like to begin by commending all those who have worked to bring this legislation to the House floor. I would like to extend a special thanks to my colleague and sponsor, the gentlewoman from California (Mrs. Capps), as well as Committee on Energy and Commerce Chairman, the gentleman from Texas (Mr. Barton); subcommittee chairman, the gentleman from Florida (Mr. Bilirakis); subcommittee ranking member, the gentleman from Ohio (Mr. Brown), and committee staff for their tireless efforts to move this important legislation.

As a personal point of privilege, I would like to commend my staff Mary Mills Lane and before her Jason Dedwylder for their long and good work on this legislation.

Despite significant advances in the diagnosis, treatment and prevention, stroke remains the Nation's No. 3 killer and a leading cause of long-term disability. According to the American Heart Association, on the average every 45 seconds someone in the United States has a stroke. Every year 700,000 Americans suffer a stroke, and 164,000 lose their lives. My home State of Mississippi ranks seventh highest in terms of death rates from stroke. Approximately 2,000 individuals in Mississippi alone lost their lives to stroke in 2000.

Not only are individuals losing their lives, but today 4.7 million Americans are stroke survivors, and as many as 30 percent are permanently disabled, requiring extensive and costly care. It is expected that strokes will cost the Nation $53.6 billion in 2004, including $33 billion in direct costs and $20.6 billion in indirect costs.

Prompt treatment of patients experiencing stroke can save lives and reduce disability, yet thousands of stroke patients do not receive the care they need.

Additionally, most Americans cannot identify the signs of stroke, and even emergency medical technicians are often not taught how to recognize and manage the symptoms. Even in hospitals, stroke patients often do not receive the care that could save their lives.

The STOP Stroke Act is the first step to removing these barriers to quality stroke care in order to save lives and reduce disability.

This legislation addresses a number of significant barriers to quality stroke care, including low public awareness, lack of necessary infrastructure, low awareness among medical professionals and a lack of adequate data collection.

This bill authorizes a national public information campaign to educate the public about stroke, how to reduce risk, recognize the warning signs and seek emergency treatment as soon as symptoms occur.

This legislation also authorizes the Paul Coverdell Stroke Registry and Clearinghouse to collect data about the care of acute stroke patients and foster the development of effective stroke care systems.

The clearinghouse will serve as a resource for States seeking to design and implement their own stroke care. It will help build systems to collect, analyze and disseminate information and will build on the efforts of other communities to establish similar systems.

The STOP Stroke Act will provide grants for public and nonprofit entities to develop and implement continuing education programs and the use of new diagnostic approaches, technologies and therapies for the prevention and treatment of stroke.

Finally, this bill authorizes a telehealth stroke treatment pilot project to support States' efforts to develop comprehensive networks to improve stroke prevention, treatment and rehabilitation. These grants will allow States to identify stroke centers, improve communications networks that bring stroke care to rural areas and decrease response time.

The time has come for a bill to stop the incidences, the high rates of stroke. This bill is past due. We are in a situation where stroke rates are on the rise, and we must now act to address the issues that are going to help us match resources with the growing need to prevent and treat this devastating illness.

I look forward to working with my colleagues in the Senate to properly move similar legislation that previously passed by unanimous consent in the last Congress. I urge my House colleagues to vote for this bill.

And as a point of personal privilege, I want to commend all of this work, my own work, to the memory of my grandparents, my mama and papa, my papa suffered from a stroke, and all those family members all across this country who have lost someone to a stroke and have watched their family care and love those who have been affected. I hope that this can help provide the resources and the information as all the country comes together to help those, first to prevent stroke and to care for those who have been the victims of stroke.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield such time as he may consume to the gentleman from Georgia (Mr. Burns).

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. Speaker, I ask unanimous consent to have my name removed as a cosponsor of H.R. 857.

Mr. Chairman, I rise in opposition to the Kennedy amendment and in support of the common-sense and consensus and bipartisan committee mark that wisely and reasonably and with common sense postpones the next round of BRAC for 2 years.

This week, I went to Walter Reed Hospital, and I met with Mississippians who have been the victims of IEDs as they drove their Humvees, as they

served their country, and I asked this question: Do we want to spend $5 billion more over the next 5 years to close bases or do we want to give the young men and women who are serving in Afghanistan and Iraq today the body armor and the Humvee armor that they need to protect themselves so that their legs and their ability to walk and to go through rehab will be avoided for other men and women? It is a clear choice of priorities.

The world has changed since 9/11. BRAC was called for before 9/11. We are now at war; we need all resources for that effort. We need to wisely wait for the realignment internationally before we choose how to go forward with the transformation domestically. This is a wise course, a reasonable course for a 2-year delay.

Mr. Speaker, a dedicated member of my staff has moved on to another phase of his career here in Washington DC, but I would like to take a moment to honor his service to my office and to the people of my district in Mississippi.

It was the Summer of 1998 when Jason Dedwylder first joined my team as an intern. Showing hard work, the will to learn and initiative, he came back to my staff in the Fall of 2000 to serve first as a Legislative Correspondent and then my Legislative Assistant. He worked on many issues in my office, but I am especially proud of the work he did in education and health care.

He assisted schools and Head Start centers in my district secure greater funding. He helped shepherd teachers and principals through the No Child Left Behind reforms. When my constituents called and wrote with questions about our nation's education priorities and how our policies would impact Mississippi, Jason was always ready to discuss their concerns and answer their questions.

Jason worked many hours with me on the Energy and Commerce Committee as we crafted the landmark Medicare Act of 2003 that provided a prescription drug benefit to America's seniors. He was there as we introduced our provisions early in the process that addressed the needs of Mississippi's rural health providers to treat seniors who could otherwise not seek medical care. He was there while we built a self- injectible pilot program to reduce the costs to the Medicare system by expanding choice for seniors with afflictions like arthritis. He was even there that night when we finally passed the Medicare Act. I walked out of the Capitol that morning with Jason as the sun rose on a new day for American seniors.

Quitman--Jason's hometown in Clarke County, Mississippi--should be proud of him. He graduated from Quitman High School and then after earning a Bachelor of Science in Political Science at Mississippi State University, he came to Washington DC and made an impact not only on his family and friends back home, but on Americans across the nation. He learned the intricacies of policy and politics and added to his education a Masters in Public Policy from The George Washington University.

As Jason moves into the private sector, our office will miss his experience, knowledge, and skills, but I know he will continue to work for smart, positive policy that will benefit our nation.

Jason Dedwylder left a formative mark on the shape and operation of my office. We will not forget his good nature and considerate dedication to his work. I thank him for his service to this office and to Mississippi.

Mr. Speaker, I would like to salute a student at Mississippi State University who has demonstrated athletic excellence this year and distinguished himself in the ranks of college basketball not only in my state, but across the country.

Mississippi State's SEC Player of the Year, Lawrence Roberts, is the first Bulldog player since Rickey Brown (1979-80) to average a double- double for an entire season. Roberts completed the 2003-04 campaign as the SEC's No. 7 scorer (16.9 points per game) and second-leading rebounder (10.1 rebounds per game). Roberts also finished the year ranked fifth in the league in field-goal percentage (51.9%). With an SEC-leading 16 double-doubles on the season, the 6-foot-9, 235-pound Roberts ranks fourth nationally among active NCAA Division I players with 38 career double-doubles. The former University of Baylor transfer and Houston, Texas native has averaged 16.3 points (1,400 career points) and 9.5 rebounds (821 career rebounds) per contest during his three-year, 86-game collegiate career.

This season, Roberts helped lead Associated Press SEC Coach of the Year Rick Stansbury's eighth-ranked Bulldogs to a 26-4 overall record and league-best 14-2 SEC mark en route to claiming the school's first outright SEC regular-season championship since 1962-63. This year's State squad also made school history by appearing in a fourth consecutive postseason tournament and earning a third straight NCAA Tournament berth.

Roberts' teamwork benefited the entire Bulldogs squad. But his skill on the court distinguished him individually, and he has been recognized for his achievements. The accolades continue to roll in.

In addition to being named the SEC Player of the Year, Roberts is the first Associated Press All-American First Team selection from a Mississippi Division I school since fellow Bulldog Bailey Howell in 1958-59. In addition to earning a slot on the gold standard of postseason teams, Roberts has also garnered first-team all-America recognition this season by both the National Association of Basketball Coaches (NABC) and United States Basketball Writers Association (USBWA).

He adds first-team national honors by the Sports Illustrated.com and College Insider.com Web sites as well as by the Adolph F. Rupp Award committee. Roberts has also collected second-team all-America accolades by the Basketball Times publication and ESPN.com.

Roberts has been named a top five finalist for the 28th Annual John R. Wooden Award along with Stanford's Josh Childress, Chris Duhon of Duke, Jameer Nelson of Saint Joseph's, and Connecticut's Emeka Okafor. Roberts becomes Mississippi State's first-ever Wooden Award All- American, which dates back to the 1976-77 hoops campaign.

Bulldog fans will wait till mid-June to see whether Roberts will return for his senior year or enter the NBA draft. This young man has time to make that decision and consider his opportunities, but fans in Mississippi will be watching him either way, either on the collegiate court or in the professional arena.

Mr. Speaker, it has been four decades since Mississippi State University stood atop the Southeastern Conference as the undisputed solitary men's basketball champion. The Bulldogs, under the leadership of Coach Rick Stansbury--the Associated Press SEC Coach of the Year--did so this year with a 25-2 regular season record and a 14-2 record in the SEC that propelled them into the top five ranking in the national AP poll.

It was the 1962-1963 season when MSU won a previous solitary SEC championship. Six head coaches and 41 years later, the Bulldogs did it again in a nail-biting come-from-behind victory over the Alabama Crimson Tide. The Bulldogs were down in the second half by 18 points against the University of Alabama, one of two teams to defeat MSU during the regular season. During the last second, under intense defensive pressure, senior All-SEC guard Timmy Bowers made a 14-foot jump shot to tie the game, sending it into overtime. Then again, in the final second of overtime, Bowers made another jumper to earn a Bulldog victory of 82-81.

MSU has had champion basketball teams in the past, some shared, all notable.

Season, Record, SEC, Notable:

1958-59, 24-1, 13-1, opened SEC play with only loss to

Auburn.

1960-61, 19-8, 11-3, lost three games only by a combined 12

points.

1961-62, 24-1, 13-1, shared title with Kentucky, only loss

to Vanderbilt.

1962-63, 22-5, 12-2, lost to Loyola (Chicago) in NCAA

Mideast regional.

1990-91, 20-9, 13-5, shared title with LSU; lost to Eastern

Michigan in NCAA East regional.

2003-04, 25-2, 14-2, became fourth SEC team to win all

eight road league games; lost to Xavier in NCAA second round.

The future looks bold for the Maroon and White. Seniors Timmy Bowers and versatile Branden Vincent will be missed, and though the NBA is courting junior center Lawrence Roberts (the reigning SEC Player of the Year), MSU will field a solid team in 2005. Juniors Shane Power and Winsome Frazier, senior Marcus Campbell, and sophomore Gary Ervin all look to be explosive scorers next year on the court and across the conference. Added to these quality players are sophomore center Wesley Morgan and freshman guard Dietric Slater plus Ontario Harper, a medical red shirt, as well as three top signees: Charles Rhodes from Lanier High School in Jackson, Mississippi; Jerrell Houston from Memphis, Tennessee; and Jamall Edmondson from Meridian Community College.

This year, Mississippi State earned the second seed position in the NCAA Basketball Tournament Atlanta Regional. While they were eliminated by Xavier during the second round of play, the Bulldogs have played a terrific season. An SEC title, a final record of 26-4 and 14-2 in the SEC, undefeated during regular season on the road; these have stirred a fire among MSU fans that will continue to burn into next year.

The pride of the Bulldogs extends not just from Starkville, home of Mississippi State University, but across the state. I hope Congress will join me in congratulating this team and Coach Stansbury--wishing them all the best fortune in the future both personally, and as representatives of MSU.

Mr. Speaker, the United States Army reserves the Bronze Star for soldiers who distinguish themselves through heroic or meritorious achievement or service. The Army has awarded this, its fourth highest honor for military personnel, to three generations of the Mitchell Family. I rise today to honor their service to this nation.

First Sergeant David Mitchell and his son Sergeant Brian Mitchell recently returned from active duty in Iraq. For their achievements and dedication to our nation's military, they have both been awarded the Bronze Star. They are the second and third generations of this family respectively to earn this medal, following in the steps of David's father R.L. Mitchell. David is a native of Calhoun City and Brian lives in Forest, in the heart of my district.

The Mitchells are part of the thirty-two members of the Mississippi National Guard recently decorated with the Bronze Star for their service in Operation Iraqi Freedom; all but one from the 223rd Combat Engineer Battalion based in West Point, Mississippi. The other, Raymond resident Lt. Col. Ellis Riser is of the 168th Engineer Group in Vicksburg.

While in Iraq under the constant threat of attack from Iraqi militants and foreign terrorists, the Mitchells conducted engineering projects, secured the operations of our military's computer operations and even helped Iraqi schools.

David Mitchell received the award on his birthday and said, ``As a father, it makes me real proud to serve my country and have my son by my side.'' In addition to Brian, another of David's sons also serves in the Army. I am proud, as a Congressman, that we have patriotic and dedicated men in Mississippi serving our nation and that they instill these characteristics as part of a family tradition.

Brian Mitchell told his hometown newspaper, the Scott County Times, ``I joined in part because of the G.I. Bill and the education benefits but there was also a family tradition. I also wanted to serve my country.'' Brian said family is important to him and his unit became a second family to him. His family back at home, his wife Stacy and his children Dusty, Katie, and Alex all missed him, and their grandfather David. Just as they are, I'm glad Brian and David are home after fulfilling their missions.

These men, and many men with them, are heroes and I'm proud not only they are recognized for their achievements as American military men, but also that they have shown the tradition of Mississippi values to their fellow servicemen, and across the world to the people of Iraq. Honor is earned; not given. Mr. Speaker, the Mitchells have earned this honor.

Mr. Speaker, I rise today to introduce the ``VoIP Regulatory Freedom Act of 2004,'' in conjunction with my colleague in the United States Senate, Mr. Sununu, who will be introducing the companion version of this bill in that Chamber today.

This act will grant regulatory freedom to a new and exciting technology known as voiceover-Internet-protocol, or VoIP, by prohibiting the imposition of unnecessary federal, state and local regulation in order to allow this emerging technology to grow and develop. VoIP has flourished and prospered thus far because of the relatively hands-off approach taken by regulators and concomitantly the effectiveness and robust nature of the competitive marketplace. In order to ensure the continued success of this new technology, and the concurrent benefits which it delivers to the American consumer, we must prevent the wholesale or even piecemeal application of outdated regulations.

VoIP is the technology that allows voice communications to be converted into ``packets'' and transported with data over an IP network, such as the public internet or a privately managed IP network, to the desired location using IP addressing. The end result is a more innovative and technologically-advanced service to the consumer, while also the most efficient and cost-effective method by which to communicate.

Because VoIP is predominantly interstate in nature, the bill provides for a prohibition of state and local regulation and taxation of the application. This in no way implies that states and localities do not play a very important role in our federalist system as it relates to telecommunications policy. Rather, because of the unique attributes of this technology, including its mobility in some instances, a general inability to decipher the actual origination of calls in other instances, and the irrelevant treatment of area codes when assigning numbers, it would be deleterious to impose a patchwork of 50 different sets of regulatory regimes on such a nascent and far-reaching technology.

Having said all that, I do recognize that there are specific types of VoIP applications that have the capability to send calls to or receive calls from the public switched telephone network (``PSTN''), which I refer to as ``connected VolP applications.'' By sending and receiving calls to the PSTN, providers of connected VoIP applications will have to assume some obligations, such as (1) some type of interprovider compensation; (2) contribution to the Universal Service Fund; (3) compliance with law enforcement access; and (4) industry consensus on social obligations such as 911 service, disability access, reliability and security.

First, in light of the capability to send calls to or receive calls from the PSTN, the bill recognizes an obligation on the part of providers of connected VoIP applications to compensate others for the use of their facilities and equipment on the PSTN through some sore of interprovider compensation, which will be determined by the Federal Communications Commission. When making this determination, the

FCC must take into account the differing geographic markets, especially the rural areas, which make up our country. The FCC will also be required to include a transition period, to allow the providers to adequately adjust to a new regime of compensation.

Second, by sending and receiving calls to the PSTN, providers of connected VoIP applications will be required to contribute to the overarching national goal of universal access to and affordable telephony for all Americans. When deciding upon the best methodology by which to assess such providers, the FCC will consider a variety of contribution methodologies. However, the main goal in applying USF to connected VoIP application providers is ensuring that the Fund is sustainable over the long term, and the FCC must seek to maximize to the greatest extent possible contributions into the Fund.

Under both scenarios, the bill will require the FCC to complete a rulemaking within 6 months to decide how such providers will meet their obligations. While this bill only addresses a small sliver of the overarching deficiencies associated with the universal service fund and the interprovider compensation regime, I intend to propose new legislation in the next few weeks that will tackle both issues head on and require a definitive conclusion to these perplexing problems.

Third, because of all the potential capabilities of this technology, we would be hard-pressed not to allow access by law enforcement. Especially in the day and age in which we live, including this time of war, we must always be thinking of our overall national security. Therefore, the bill would require the FCC to examine the technologically feasibility of requiring law enforcement access to such technology. If and when the FCC determines that it is technologically feasible and reasonable to do so, providers of connected VoIP applications will then be required to comply with law enforcement. While this may be somewhat burdensome on the industry, the value of our security far outweighs any burden which may be imposed. Security of our citizens will always be our number one priority.

In sum, the ``VoIP Regulatory Freedom Act of 2004'' bill will provide certainty in an area of the telecommunications industry that is significantly changing the way people communicate with one another. By establishing a new regime for this constantly-evolving technology, separate and apart from the outdated and archaic statutes and regulations applicable to traditional circuit-switched telephony, I believe we are laying the necessary groundwork for a new era of telecommunications.

Mr. Speaker, I look forward to working with you and other members of the House, as well as our colleagues in the Senate, to achieve a bipartisan consensus on this most important initiative.