Floor Statements

Mr. Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 725) to protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes.

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

(Mr. RAHALL asked and was given permission to revise and extend his remarks.)

On January 19, 2010, the House passed H.R. 725 under suspension of the rules. This bill, introduced by our colleague from Arizona, Mr. Ed Pastor, would improve prosecution of unlawful misrepresentation and counterfeiting of American Indian jewelry, pottery, baskets, rugs, and other items under the Indian Arts and Crafts Act of 1990.

H.R. 725 would authorize any Federal law enforcement officer to conduct an investigation of an offense involving the sale of any good that is misrepresented as an Indian-produced good or product that occurs within the United States.

On June 23, 2010, the Senate passed H.R. 725 by unanimous consent without changes to the House-passed text. However, the Senate did add the language of the Tribal Law and Order Act of 2010 introduced by Senator Dorgan. The House counterpart is H.R. 1924, sponsored by our colleague and valued member of the Natural Resources Committee, Representative Herseth Sandlin.

In addition, the Senate included provisions from H.R. 1333, which was introduced by Mr. Grijalva. H.R. 1333 passed the House by voice vote on September 30, 2009, and would permit tribal governments to use display fireworks for ceremonial and other purposes.

Despite the Federal responsibilities to protect Indian communities, the violent crime rate on reservations is 2\1/2\ times the national average. Amnesty International estimates that more than one in three Native women will be raped in their lifetimes. The Tribal Law and Order Act addresses these critical tribal public safety and justice issues by establishing accountability measures for Federal agencies responsible for investigating and prosecuting reservation crime and by providing tribes with additional tools to combat crime locally.

Among other vital improvements to existing law, the Tribal Law and Order Act would, one, require the Department of Justice to maintain data on criminal declinations and share evidence with tribal justice officials when a case is declined; number two, authorize tribes to increase sentencing authority for up to 3 years in certain situations; number three, provide tribal police with greater access to criminal history databases such as the National Crime Information Center; and, four, mandate that Indian Health Service and Bureau of Indian Affairs officials provide documents and testimony in prosecutions before tribal courts.

In short, the Tribal Law and Order bill would address the profound public safety needs and provide the additional law enforcement and criminal justice resources sorely needed on Indian reservations across the country.

I want to commend our colleague, the gentleman from Arizona (Mr. Pastor), for his hard work and dedication to this legislation. I also thank Ms. Herseth Sandlin for her efforts for championing the tribal law and order portion of the bill. Both Members are addressing long- standing problems in Indian Country, and I ask my colleagues to support its passage.

I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentleman that has helped bring this legislation to the floor of the House, the gentleman from Arizona (Mr. Pastor).

(Mr. PASTOR of Arizona asked and was given permission to revise and extend his remarks.)

Mr. Speaker, one of the main movers of this legislation is the gentlelady from South Dakota (Ms. Herseth Sandlin). She has been a tremendous help on our Committee on Natural Resources on all issues but especially those affecting Indian Country, and Indian Country can be very proud of the friend they have in Stephanie Herseth Sandlin.

I yield 5 minutes to the gentlewoman.

Mr. Speaker, I join in thanking the chairman of the House Judiciary Committee, Chairman John Conyers, for his help on this legislation. In particular, I want to thank the subcommittee chairman on Crime, Terrorism, and Homeland Security, the gentleman from Virginia, Bobby Scott.

I yield 4 minutes to the gentleman from Virginia (Mr. Scott).

I thank the gentleman for yielding, and I respond to him that he is correct.

Public Law 280 has been a mixed bag for both the tribes and the States. The States that are subject to Public Law 280 possess authority and responsibility to investigate and prosecute crimes committed on reservations, but, because of subsequent court decisions that sharply limited the extent of Public Law 280's grant of civil jurisdiction to affect the States, these States have almost no ability to raise revenue on Public Law 280 lands.

And to the extent that tribal governments retained concurrent jurisdiction over crimes committed by Indians on these lands, such authority is currently limited to no more than 1 year for any one offense. As such, residents of reservations subject to Public Law 280 have to rely principally on sometimes underfunded State and local law enforcement authorities to prosecute reservation crimes.

The phrase in section 201 that jurisdiction ``shall be concurrent among the Federal Government, State government and, where applicable, tribal governments'' is intended to clarify that the various State governments that are currently subject to Public Law 280 will maintain such criminal authority and responsibility.

In addition, this provision intends to make clear that tribal governments subject to Public Law 280 maintain concurrent criminal authority over offenses by Indians in Indian country where the tribe currently has such authority.

Nothing in this provision will change the current law of criminal jurisdiction for State or tribal government. It simply seeks to return criminal authority and responsibility to investigate and prosecute major crimes in Indian country to the United States where certain conditions are met.

Mr. Speaker, I am happy to yield 2 minutes to another member of our Natural Resources Committee, Representative Dale Kildee, a classmate of mine and a gentleman who co-chairs the Native American Caucus. Certainly Indian country has a true, true friend in this gentleman from Michigan (Mr. Kildee).

Mr. Speaker, I yield 30 seconds to the distinguished gentleman from Virginia (Mr. Moran), the chairman of the Interior Subcommittee on Appropriations.

Mr. Speaker, may I inquire as to the time I have remaining?

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

I appreciate my good friend, the gentleman from Washington's, comments about the other body. However, every now and then some blaze of wisdom or light strikes over there and they do see their way to doing something that is good. And when they do it, you have to give them credit for it. What else can you say?

H.R. 725, as amended, would mark the most significant stride forward in improving the public safety in Indian Country in a generation. Swift passage is not only critical to addressing the problem of unchecked violence in Indian Country, but also to ensuring that the United States meets its solemn trust obligations to tribes.

Mr. Speaker, in conclusion, I thank Members on both sides of the aisle and our staffs, as well, who have worked cooperatively and in a bipartisan fashion. And I thank the Members of the other body as well for that light that they have seen--on this particular issue anyway.

I urge my colleagues to support passage of the legislation.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I move to suspend the rules and pass the bill (S. 1053) to amend the National Law Enforcement Museum Act to extend the termination date.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to include extraneous material on the bill under consideration.

I yield myself such time as I may consume.

Mr. Speaker, the 106th Congress authorized the National Law Enforcement Officers Memorial Fund to establish the National Law Enforcement Museum on a site selected here in the District of Columbia. The authority to begin construction, however, will expire in November of this year, and the project has yet to break ground. S. 1053 will extend the sunset date for 3 years.

Given the enormous sacrifices made by the men and women who work in law enforcement in order to protect our safety and well-being, this is obviously a worthy project, and we support extending its authorization so this museum proposal may continue moving forward. I urge my colleagues to support this bill.

I reserve the balance of my time.

I yield back the balance of my time.

Mr. Speaker, American Manufacturing has long been the pride of our Nation and the core of our success. American cars, textiles, steel, aircraft, timber and other industries formed a secure base from which we could provide for our own, with quality materials and support for a strong export economy. However, the erosion of this manufacturing base, with more jobs going overseas, through trade policies and our own government failing to ``Buy American,'' has led us to a point of crisis.

We are taking steps to right this ship and return us to a place of strength in manufacturing. H.R. 4380, the U.S. Manufacturing Enhancement Act, MTB, is one of the most important actions Congress can take to preserve and expand good American jobs. H.R. 4380 cut the costs of doing business in the United States and boost American manufacturing exports. U.S. manufacturers large and small can use the MTB's tariff suspension provisions to obtain raw materials, proprietary inputs and other products that are not available in our Nation. This reinvestment is critical, as the manufacturing sector has been disproportionately harmed by this recession. According to the Bureau of Labor Statistics, manufacturing employment has fallen by 2.1 million jobs since December of 2007.

I also strongly support Representative Lipinski's bill to establish a Manufacturing Strategy Board and Task Force with a goal of focusing more attention on manufacturing and coordinating government's efforts to ensure our Nation's competitiveness. The manufacturing sector generates two-thirds of our exports and employs millions of Americans. Equally as important is our ability to support our national defense and to sustain American infrastructure with American products. If we are going to improve our manufacturing base we must back our words with a step-by-step plan and solid goals to reach our vision of a return to the solid American manufacturing base.

This manufacturing strategy goes hand in hand with the newly-formed Buy American Caucus, of which I am a member, that focuses Congressional efforts to promote American jobs; reclaim American leadership in manufacturing; support small businesses; and close loopholes in current law to ensure that the federal government is purchasing American-made products.

Regardless of political party, we must work together as Americans to invest in our country's long term future and create high-paying jobs. Right now, American men and women who are willing to work are still having trouble finding jobs. As Members of Congress, we owe it to our constituents to ensure that jobs created with the assistance of government funding are American jobs and that the benefits go to the American people.

We must inspire continued demand for American products to create a rebirth of our state and nation as the manufacturing world leader. This effort must start with buying American products here at home, especially by Federal agencies, followed by a well thought-out strategy and all the small steps we can take to lower the costs of manufacturing in the U.S. I encourage the Administration and the Congress to press forward to require a national manufacturing strategy and to institute Buy American policies wherever and whenever possible.

Madam Speaker, last week, a great tradition in my native West Virginia, Lemonade Days, marked a sweet milestone--its 200th serving of free lemonade--and I am proud to offer this salute to it.

The historic Lemonade Days was born in Bluefield, West Virginia in 1939, when the late Edward H. Steel dreamed up the idea of serving free lemonade to the town residents whenever the temperature reached above the 90-degree mark. It wasn't until three years later, in 1941, when the first free cup of lemonade was served, as the temperature didn't hit the required 90-degrees until then.

According to a recent editorial in the local newspaper, the Bluefield Daily Telegraph, it took a historic 71 years for the city to serve 200 servings of free lemonade, and there have been at least 35 summers on record, in which the temperature never reached 90-degrees. Bluefield, West Virginia, has since received the moniker ``Nature's Air- Conditioned City,'' as the temperature in this beautiful town rarely reaches this old faithful temperature.

The free lemonade tradition in Bluefield is tried and true. It has endured challenges from cooler than normal summer months with no free lemonade servings, a lemon and sugar shortage during World War II, a strike by the lemonade lassies and several friendly controversies over the temperature reading and whether or not the town thermometer is or isn't accurate. Yet the tradition-- 200 cups later--is still flourishing--whenever the temperature hits of course.

And what better place than Bluefield, West Virginia, to carry on a celebrated tradition that's as sweet as the people who live there? Nestled deep in the Appalachian Mountains, the Bluefield area of southern West Virginia is home to a magnificent coal story. Most of the towns in Mercer County were built due to the thriving coal operations when Bluefield emerged as the corporate center of these coalfields. Many shops, businesses and activities flourished around the activity of the busy rail yard. The striking architecture of the city was built in the 1920's and reflects the optimism and confidence of that area.

Eight of the areas downtown buildings are listed on the National Register of Historic places and locals and tourists bask in the hunt for old treasures in the town's antique and specialty shops.

Mercer County is home to several cultural art centers, theatres and galleries and boasts of a Natural Gravity Switching Rail yard; the Eastern Regional Coal Archives; Chicory Square, which houses 25 uniquely painted trains; a Railroad Museum, home to over 100 railroad lanterns, exhibits, and railroad artifacts, photographs and artwork; the last remaining structure from the Civil War, the McNutt House; Mercer County War Museum; Historic Bramwell, home to coal barons' old mansions, a train depot and many unique shops; two minor league baseball teams, the Bluefield Orioles (farm team for the Baltimore Orioles) and the Princeton Rays (the farm team of Tampa Bay); and the Coal Heritage Trail Interpretive Center in Bramwell, which houses relics and exhibits of West Virginia's truly inspiring coal story.

Locals and visitors may also enjoy three of southern West Virginia's most beautiful state parks--Camp Creek, Pinnacle Rock and Pipestem--as well some of the country's best ATV trails, hiking and biking trails, fishing and boating. There truly is something for everyone in Bluefield and in Mercer County West Virginia.

On behalf of all the residents of Bluefield in my native Mountain State who enjoy this wonderful tradition, Lemonade Days, I salute this historic sweet milestone and encourage anyone who hasn't visited this community to plan their next summer vacation in our ``Nature's Air- Conditioned City.''

Madam Speaker, I bring to my colleagues' attention today Jamie Oliver, who has been nominated for an Emmy for his television series, ``Jamie Oliver's Food Revolution,'' which focused on the children of Huntington, West Virginia. Mr. Oliver highlighted the importance of a community's dedication to improving their kid's health through what they eat and fostering cooperative partnerships with the Cabell County School District, a community kitchen, and by working with families one-on-one to reach their goal.

Jamie Oliver's show helped Cabell County School District transform their meals to include more fresh foods, which is helping our children to improve their health from an early age.

As our nation faces an obesity epidemic, we need to encourage every effort to improve the meals served in our schools. ``Jamie Oliver's Food Revolution'' did just that--and Cabell County School District is continuing to implement his program. Mr. Oliver is a leader in the fight against obesity and I am thankful that he and his staff were able to share their lessons with West Virginia.

To support the efforts begun by ``Jamie Oliver's Food Revolution,'' I am also currently drafting legislation that would create a grant program for school districts, like Cabell County, that seek to improve the health of their students by implementing a nutrition program that provides healthier, less-processed foods to their students.

If federal funds can provide the funding boost school districts need to provide healthier foods, I want to make sure we can set aside those funds to encourage these great initiatives. Studies show a healthier diet promotes the physical well being and academic development of our young people. I believe in the program's potential to pave the way to more nutritious menus in our schools, across W. Va. and the nation.

West Virginia has been at the forefront of efforts to improve school nutrition for the past five years--in fact It was the first state to implement many of the recommendations of the Institute of Medicine, which exceed the current national standards for school nutrition. Mr. Oliver's show continued this effort and definitely made an impact on the entire region and I believe our children will be better for it.

I offer my sincere congratulations to Jamie and wish him the best of luck at the Emmys in August.

Madam Speaker, today, I introduce the School Enhancement of America's Talented Students Act, a bill to create a competitive grant program for schools that are striving to combat obesity and improve nutrition in our schools.

One-third of America's youth are now overweight or obese, and it's getting worse. We need to act now as a nation to prevent not only a health crisis, but God forbid these kids be called to our national defense years from now. How prepared will we be to defend our shores? We were caught ill prepared before. We established national child nutrition programs, now it's time to keep them working. It is a fact that our Nation's schools now provide over half the calories our children consume through breakfast and lunch programs. We can feed our kids better by simply shifting the recipes our schools use to fresh vegetables and fruits and other healthier alternatives. Healthy habits formed early, last lifetimes. As families grow healthier, our country prospers. Obesity can bankrupt the health of a nation easier than the most complex far-reaching Wall Street scam. Obesity creates a complex formula of inter-related secondary deadly health risks. We are blessed that we can turn the tide.

This bill creates a competitive grant program for school districts that seek to improve the health of our students by implementing a nutrition program that provides healthier meals. The grant program would give priority to states with the highest obesity rates of at least 30

percent for adults and children and where at least 50 percent of the students are eligible for free or reduced lunch. These states, including my home state of West Virginia, face a steep climb in the battle against child obesity. This grant program will help implement initiatives that will improve the health of the students.

``Jamie Oliver's Food Revolution'' was in fact a revolution of recipes for Cabell County Schools in Huntington, West Virginia, where the schools adopted meal plans using more fresh ingredients. I applaud Cabell County Schools for its innovative program, partnering with Mr. Oliver, and continuing with their own ingenuity and hard work. They are leading the way as we all seek to improve the lives and futures of our kids and grandkids. I want to ensure that other Congressional districts confronting similar circumstances have the opportunity to implement a program that encourages fresh foods in school meals.

As Congress moves towards improving the nutrition of school meals through the Child Nutrition Reauthorization, I urge my colleagues to support this program to give our schools an opportunity to serve healthier foods and begin to reduce childhood obesity.

Madam Speaker, today I rise on behalf of all of America's Veterans and proudly introduce the Commerce for Defenders Act of 2010-- a bill to create a Veteran Owned Small Business Preference in the Surface Transportation authorization--SAFETEA-LU, and set the precedent for continuing this important preference in the upcoming authorization.

For more than two hundred years, brave Americans have answered the call to serve our Nation at home and abroad, and my fellow West Virginians have long been among the first to report for duty.

Our Nation's veterans are true American patriots. Theirs is a proud story of service, sacrifice, and uncommon acts of heroism. They make each of us so very proud.

Aristotle said, ``Men acquire a particular quality by constantly acting a particular way . . . you become just, by performing just actions . . . brave by performing brave actions.''

We owe an enormous debt of gratitude to, and have great respect and deep admiration for, the 23 million men and women across America, who wore a military uniform in service to these great United States.

Madam Speaker, for 34 years I have been privileged to represent the people of southern West Virginia, and it is with humble sincerity I say, our Nation's veterans are never far from my mind.

There are 170,783 Veterans in my State of West Virginia--51,500 in my Congressional District alone--and that number is growing every day.

I am disheartened that our Veterans--the Defenders of our Freedom and American Way of Life--have given so much to their fellow Americans; yet, they face many hardships in their return to civilian life.

In a Nation such as ours, it is a stunning reality that today our brothers and sisters who have served around the globe to preserve democracy and promote freedom, are struggling with life in their home towns. Our Veterans returning from Iraq and Afghanistan are currently faced with a 21 percent unemployment rate.

Creating a Veterans' preference in the Transportation sector is very simple. It seeks to give America's veterans an opportunity advantage in the contracting process for their service to our country--a means to attach importance and to acknowledge our fellow Americans who have put their life on the line to preserve our way of life.

The propensity of this bill is at the same enormous and reasonable.

The number of Veteran owned businesses available to contract in the transportation construction industry would be quite small in comparison to the potential $500 billion authorization bill proposed by Chairman Oberstar. However, for Veterans who have returned home from deployment; who are trying to put their life and families back on track; who have been plunged into the extremely competitive marketplace--creating this preference is the very least we can do and will make a difference for many, many veterans.

There is an exponential effect created by this preference, as Veterans are known to hire other Veterans--spreading the potential benefit beyond prime contractors on to subcontractors and employees, as well as those who provide products and services to them--such as truck drivers, mechanics, surveyors and repair technicians, landscapers, bricklayers, carpenters, and concrete and masonry suppliers--and the list goes on.

The bill will not burden states with verification processes, as the Veterans Administration already has Veteran Owned Small Business registration process in place. The law that created this existing database requires the Secretary of Veterans Affairs to make the database available to all federal departments and agencies and to notify each department and agency of the availability of the database. To ensure a Veteran Owned Small Business is eligible a state would simply check that the business is registered with the Veterans Administration--saving time and money for all involved.

This bill does not interfere with Disadvantaged Business Enterprise (DBE) contracting goals currently ensconced in federal transportation law--in fact, it is my hope that the many women and minority veteran's small business owners will benefit from this opportunity. This Veterans preference would not create any new eligibility requirements for the DBE program and it would not infringe upon the importance that Congress has repeatedly placed on the DBE program.

Madam Speaker, from the battlefield to the marketplace, our veterans--America's patriots--exemplify sacrifice and commitment to duty.

I urge my colleagues to vote for The Commerce for Defenders Act of 2010--so that we may respectfully and gratefully fulfill our duty to support our Veterans--and, in one small part, to acknowledge the great sacrifice so many have so willingly made for all of us.

Madam Speaker, as we all know, the country and our State of West Virginia has lost a true public servant. He was a dear friend to many of us. He was an individual who defended our Constitution and an individual who truly had the best interests of the American people in mind every day.

I would ask that the House take a moment of silent prayer on behalf of the late Honorable senior Senator from West Virginia, Robert C. Byrd.

Mr. Speaker, I first commend the gentleman from Pennsylvania (Mr. Critz) for his invaluable support in helping us bring this resolution to the floor today. I know that it is a special recognition to a special group of people. I do support the heroic efforts of our West Virginia National Guard and our local responders and would urge all of my colleagues to support the pending resolution, H. Res. 1153.

I have personally visited with the National Guard members mentioned herein and the local responders and members of the Bartow, Frank, and Durbin communities' Volunteer Fire Departments in Pocahontas County a couple months ago. On Thursday, February 18, 2010, earlier this year, the heroic actions of West Virginians brought about the highly successful rescue of 17 military personnel who were on board a U.S. Navy helicopter participating in the Operation Southbound Trooper X annual military exercise, which went down in deep, snow-covered, and very rugged terrain in Pocahontas County, West Virginia.

The remarkable rescue was an outstanding and highly coordinated effort on the part of many highly trained professionals as well as private citizens, who worked under very difficult conditions to reach the crew and personnel on board the aircraft, many of whom had been injured in the crash. West Virginians are the best neighbors for whom you could ever wish. It is a truth that has been proven time and again. This historic rescue effort was, thankfully, a rare event, but it was not at all out of character for our State of West Virginia. In fact, it was merely illustrative of the best of our State.

The swift response, the astounding skills and abilities, the enormous courage, and profound determination of all those involved in the rescue operation, from those who serve in and lead our West Virginia National Guard to our local fire, rescue, law enforcement, and first responder units, and the countless volunteers, families, and neighbors nearby, most certainly made the difference between life and death. While no expression of gratitude would ever be sought for such selfless acts, the hope that one good turn deserves another never dims with our West Virginians.

On behalf of my fellow West Virginians and on behalf of my colleague from the neighboring congressional district, Representative Shelley Moore Capito, we are pleased to support H. Res. 1153, to honor these good deeds and to illuminate them as a beacon for others. I would ask that my fellow Members join in support of this resolution. I, again, thank the gentleman from Pennsylvania (Mr. Critz) for his invaluable support as well.

Mr. Speaker, I offer a privileged resolution and ask for its immediate consideration.

Mr. Speaker, I yield the customary 30 minutes to the gentlewoman from West Virginia (Mrs. Capito).

General Leave

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

Mr. Speaker, I am honored to yield 1 minute to the gentlewoman from California (Ms. Pelosi), the Speaker of the House.

Mr. Speaker, I yield 1 minute to the distinguished majority leader of the House of Representatives, the gentleman from Maryland (Mr. Hoyer).

Mr. Speaker, it's my honor to yield such time as he may consume to the distinguished chairman of our House Appropriations Committee, the gentleman from Wisconsin (Mr. Obey).

Mr. Speaker, I am proud to yield 2 minutes to the gentleman from Washington, Mr. Norm Dicks, the distinguished chairman of our Defense Subcommittee on Appropriations and a classmate of mine.

Mr. Speaker, I yield 2 minutes to the gentlewoman from Ohio (Ms. Kaptur), a member of the Appropriations Committee as well.

Mr. Speaker, it is now my deep honor to yield to a close personal friend and fellow member of our congressional delegation from West Virginia, Mr. Alan Mollohan. Mr. Mollohan chairs the subcommittee on Appropriations on Commerce, Justice, Science and related agencies. He has served on many conferences with the late Senator Byrd as well. And I know Senator Byrd often said he had two sons, and that would be Alan and myself.

I'm very honored to yield such time as he may consume to Alan Mollohan.

How much time do I have remaining, Mr. Speaker?

I yield myself such time as I may consume.

Mr. Speaker, the gates of heaven opened wide early yesterday morning. West Virginia lost a faithful son, the Senate lost a father's watchful eye, and I lost my mentor and close friend.

I extend my prayers and thoughts to Senator Byrd's daughters, to his grandchildren and great grandchildren, to all his family, and to his staff, especially many of whom have been with him for so long. Sadly but surely, we will not see the likes of Robert C. Byrd pass our way again.

He came from humble beginnings. A virtual orphan, he was sent to be reared in the coalfields of our beloved State of West Virginia, enduring the depths of the Great Depression. But he was wealthy beyond belief with richness of values, all instilled in him by his adoptive parents.

A self-taught butcher, a welder, a Sunday school teacher, a student, a self-disciplined scholar with straight A's with 21 credit hours in his first semester of college, a young man still, he wanted to serve. Armed with little more than determination and a fiddle, he successfully entered politics. ``Byrd by name, Byrd by nature, let's send Byrd to the legislature.'' How often he would fiddle that with a tin cup at the end of his fiddle, raising his first campaign funds. I recall, because my late father was the treasurer for those early campaigns of Senator Byrd.

But thus began what would become an unprecedented legislative service. Marshaling sharp focus, unwavering diligence, and old- fashioned hard work, old-fashioned hard work, he rose to remarkable heights of rank and responsibility to service to the Lord, to service to our State and our Nation as well. Yet Senator Byrd always remained true to his own essential nature. He never got above his raisin'.

He could mix with kings and queens and Presidents, and while doing that he never forgot from whence he came, and he always remained deeply proud of his roots. He often remarked he would just as soon be eatin' beans and cornbread and onions and sippin' buttermilk in the hills and hollers of West Virginia as having lavish dinners with kings and queens around the world.

I recall working for him in the Senate Democratic Cloakroom in 1972. During that time, a young man from Delaware by the name of Joe Biden was elected to the United States Senate. Within a month or two after Senator-elect Joe Biden's ascension to the United States Senate, he lost his first wife in a tragic, tragic car wreck. Senator Byrd turned to me and said, Nick, do you mind if we took a drive up to Wilmington, Delaware, so that we can pay our respects to Senator Biden's wife? I said, Sure.

I drove the car. It was a cold, rainy night, late November that 1972. We arrived in Wilmington. We arrived at the funeral home to face a long, long, winding line that was waiting out in the rain to pay their respects. Senator Biden heard we were in that line and sent word out he wanted us to come up and immediately get up front and come inside where it was warm. Senator Byrd said, no, he would not use his office, he would not use his prestige or power to jump in front of anybody already in line in front of him. So we stood in that cold rain, waiting to pay our respects to Senator-elect, at that time, Joe Biden's first wife.

The only individual to serve in both houses of the West Virginia Legislature and the U.S. Congress, Senator Byrd also achieved the distinction of holding more elective leadership offices in the United States Senate than anyone in the body's history. His Senate service is the body's longest.

Combined with his tenure in the House, Senator Byrd holds the distinction of serving in Congress longer than anyone else. His achievements and his unrivaled archive of accomplishments were the result of one sole purpose, to serve others. And he never tired of trying to find ways to help a little more, to do a little better.

Striving for the next rung was, for Senator Byrd, a lifelong pursuit. He was forever setting goals. And he challenged himself, his staff, his colleagues, all of us to meet or exceed those goals.

And you know one other remarkable feature about Robert C. Byrd. He made political contests, as bitter as they may seem at the time, the foundation for future and lasting friendships. Recall, for example, as I know the gentleman in the chair, Mr. Dicks, can recall very well, Senator Byrd's one-vote victory over the late Senator from Massachusetts, Ted Kennedy, whose son Patrick was just here on the floor.

Perhaps many considered that a bitter contest. But what did Senator Byrd use it for? To establish a lasting and

true friendship with Senator Ted Kennedy from Massachusetts, as we all know who passed shortly before Senator Byrd, and for whom Senator Byrd had nothing but the utmost and kindest words of praise, and truly defined a friendship that perhaps has not been in American politics for some time.

This was a defining quality and a wellspring of immeasurable joy that irrigated ever greater horizons for Senator Byrd. His penchant for setting records and then breaking his own was the inevitable result, but ultimately, we are the ones who reaped the greatest benefit.

In his later years, when anyone questioned age as somehow detrimental to service, Senator Byrd reveled in ticking off the names and ages of the ancients in the Old Testament and their continued service to the Lord: Moses was 120, Senator Byrd would say; Noah lived to be 960; Methuselah at 969 years old; and he would call out, While I am but a spry 85.

At 92, with the longest record of service in Congress well established, Senator Byrd enjoyed public service so much that it is possible he also had the longest, happiest life on record. If only we could have captured the energies produced by his immense job satisfaction. If only we could package them and share them with others.

Senator Byrd was cautious about the use of superlatives. He felt they were tossed around too casually, and although I do not doubt that he is now grimacing a bit at me for saying this, the fact is it is just not possible to speak about Senator Byrd without using superlatives: longest serving, hardest working, most revered, best loved. And the list goes on and on. Yes, he was passionate about people. He was passionate about politics. He was caring. He was all concerned about the lives of all of us in West Virginia.

As we all know, we go through personal trials and tribulations in our family--the loss of a loved one, sibling problems, loss of a job. Senator Byrd, when he was physically able, would so surprisingly show up in West Virginia offering that comforting arm around the shoulder and always telling those afflicted with tragedy to keep the faith in God, to don't let them get you down, keep plugging along. Senator Byrd himself, who never had a bad word to say about anybody despite some of the words that were said about him, was forever the true gentleman.

Many in this body had their own personal remembrances of Senator Byrd. He touched so many of us, encouraged us, taught us, even argued with us. And I can recall the last time perhaps, except for the miners' memorial that he attended this past April in honor of our 29 fallen coal miners, the only time before that he was probably in his home area of Raleigh County, Beckley, West Virginia, was a dinner in which he was a surprise guest that honored yours truly. And my wife, Melinda, and I fixed up our house, and my wife even set up the ``big daddy suite'' in our home in West Virginia. That big daddy suite is still there waiting, as it always was, for Senator Byrd to pay a surprise visit.

We are all better for the life of Senator Robert Byrd. We owe him generous helpings of gratitude and admiration, and we shall all miss him.

Again, to Senator Byrd's family, we offer our prayers, our never- ending thanks for the fact that they shared Senator Byrd's extraordinary life with a grateful State and a grateful Nation.

Now, our former senior Senator, our late senior Senator is indeed with his beloved wife, Erma, who was always a twinkle in his eye. For 69 years, they were married before her passing some 5 years ago. The Senator is with his beloved Erma, smiling down upon all of us.

We say thank you, Senator Byrd. Thank you for all you've given our great State. Thank you for all you have given our Nation, because we shall miss you.

Mr. Speaker, I yield back the balance of my time.

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 5481) to give subpoena power to the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, as amended.

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill under consideration.

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

Madam Speaker, last month President Obama issued Executive Order 13543 establishing the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling. The measure we are considering today, introduced by our colleague, Representative Lois Capps, would authorize the commission to issue subpoenas, if necessary, to gather information and compel testimony.

With it, we are giving the commission some teeth. The commission should be demanding and receiving a full and fair accounting to carry out its important mission. Without subpoena power, the commission runs the risk of allowing BP to write its own history of what happened in the gulf.

As amended, H.R. 5481 includes language worked out with the Justice Department to ensure that any commission subpoena does not interfere with any present or future criminal investigation or prosecution or civil litigation involving the United States.

I want to commend the bill's sponsor and a valued member of our Committee on Natural Resources, Representative Lois Capps, a valued member not only on our Resources Committee but in this body who has experienced oil spills in her history as many of our colleagues are today. Having lived through the Santa Barbara oil spill which was in her congressional district in 1969, Representative Capps has a deep understanding and a commitment to oil spill prevention and mitigation.

Madam Speaker, H.R. 5481 is just one of a number of actions that this Congress will need to take to help gather information on the causes of the BP Deepwater Horizon disaster and develop safety and environmental measures to prevent such a disaster from occurring again.

I urge my colleagues to support the passage of H.R. 5481, a commonsense bill that will help shed some light on what happened the night of this tragic explosion.

I reserve the balance of my time.

Madam Speaker, I yield myself 30 seconds.

I appreciate the gentleman's listing and submitting for the Record the backgrounds of this commission appointed by the President. I will not at this time, although I almost feel compelled to, ask for submission into the Record the financial and political background of the Federal judge that just issued a decision against the administration's moratoria this week, but I won't do that; nor the fact that the commission had some 150 scientists at their disposal as well, but I won't submit their backgrounds and history at this time.

Instead, I will yield 5 minutes to the gentlewoman from California (Mrs. Capps).

Madam Speaker, I yield 5 minutes to the gentleman from Massachusetts (Mr. Markey).

Madam Speaker, I yield 2 minutes to the gentleman from New Jersey (Mr. Holt), a member of our Committee on Natural Resources.

Madam Speaker, I yield 2 minutes to the gentlewoman from California (Mrs. Capps), the sponsor of the pending resolution.

Madam Speaker, I reserve the balance of my time.

I yield back the balance of my time, Madam Speaker.

Madam Speaker, on that I demand the yeas and nays.

Madam Speaker, on the evening of Tuesday, May 18, 2010, I was unavoidably delayed and not present to vote on the following bills:

H.R. 2288--Endangered Fish Recovery Programs Improvement Act (Rep. Salazar--Natural Resources) rollcall No. 273.

H.R. 4614--Katie Sepich Enhanced DNA Collection Act of 2010 (Rep. Teague--Judiciary) rollcall No. 274.

H. Res. 1327--Honoring the life, achievements, and contributions of Floyd Dominy (Rep. Smith (NE)--Natural Resources) rollcall No. 275.

In the event I was present, I would have voted ``aye'' on all of them.

Mr. Speaker, I thank the distinguished chair of the Rules Committee for yielding to me, and I certainly want to commend her for bringing this resolution to the floor and for the manner in which she has spoken from personal knowledge of the troubles and trials and tribulations, that is, that we go through in coal country, as she hails from coal country herself.

Mr. Speaker, I do want to commend, as well, the chairman of our Education and Labor Committee, Mr. George Miller, within whose jurisdiction the Mine Safety Health Administration resides. Mr. Miller is certainly a true champion of our coal miners and one who has coal mine health and safety deep in his bones. He will be traveling to our district in southern West Virginia on Monday to have a hearing to

listen to family members or those who lost loved ones at UBB in that horrific tragedy on April 5.

I also wish to commend the House of Representatives in a bipartisan fashion for the very swift action in which the House passed a resolution after this tragedy commending those 29 fallen miners and expressing condolences to their families. We continue to work with the family members to help them through what is a difficult process known as healing and trying to get by in life now without their loved ones.

This resolution is to grant the Committee on Education and Labor deposition authority as part of the committee's oversight activities relating to coal mine health and safety. While I am not a member of the Education and Labor Committee, the disaster which took place on April 5 at the Upper Big Branch mine in Raleigh County, West Virginia, claiming the lives of 29 men, occurred in the congressional district of which I am honored to represent.

This resolution reflects the seriousness with which the House of Representatives takes the issue of coal mine health and safety, the loss of these 29 brave souls, and the grief of their families and friends.

The UBB mine disaster was the worst in our Nation, as the gentlelady from New York, the chair of the Rules Committee, has stated, the worst disaster in our coal mines in our Nation since 1970.

It follows in the wake of the Sago mine disaster in 2006, which claimed 12 lives; the Darby mine disaster was also in 2006, which claimed 12 lives; and Crandall Canyon mine disaster in 2007, which claimed nine lives. While Congress responded in 2006, again under the very capable leadership of the Education and Labor Committee chairman, Mr. Miller, with the enactment of what is referred to as the MINER Act, the focus then was on emergency response.

In the wake of the UBB disaster, it is now entirely appropriate that we investigate coal mine health and safety matters further. And the committee on Education and Labor is the appropriate forum for that to take place.

I again commend Chairman George Miller and his ranking member, Mr. John Kline, for pursuing a responsible course in the conduct of this, their oversight responsibilities. I do urge the adoption of the resolution. And I would note and thank the ranking member of the Rules Committee, Mr. Dreier, as well for the bipartisan support that he and members of the Rules Committee and on the minority side are giving this particular resolution, although they are trying to of course hijack it for other purposes.

Mr. Speaker, I ask unanimous consent that votes for the remainder of the day be limited to 5 minutes.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 2499.