Floor Statements

Mr. Speaker, I rise today to salute Snowshoe Resort and its adaptive skiing program's extensive commitment to enabling disabled persons to enjoy the recreation of alpine sports.

The Snowshoe Resort adaptive skiing program, under the direction of Dave Begg, has been very active in providing opportunities for a wide range of disabled persons and has seen continued growth over the past decade. The program uses certified Professional Ski Instructors of America, trained in adaptive skiing, to teach many disabled persons to ski, including those with spinal cord injuries, amputations, cerebral palsy, sight and hearing impairments, traumatic brain injury, and development disorders.

Snowshoe has worked in cooperation with the Challenged Athletes of West Virginia organization to improve the quality of life for persons with disabilities through outdoor sports and recreation. This organization has sponsored training events at Snowshoe for the adaptive skiing program and is actively involved in creating other outdoor recreational opportunities for disabled persons for not only their enjoyment, but also as part of a rehabilitation process.

The program also works extensively with veterans of past wars and those returning from our current conflicts abroad, for which this program should be commended for providing our soldiers with ample opportunity to continue a healthy lifestyle through outdoor recreation.

Each student who enters into the program is worked with on a one-on- one basis by a professional instructor as well as with help from one of the many volunteers who come to assist the program. There is a multitude of equipment for the adaptive skiers to choose from when they hit the slopes, so that they may find what they feel is the most comfortable to use while skiing.

The adaptive skiing program at Snowshoe has continually provided a venue for disabled persons to maintain an active and healthy lifestyle, and I wish to honor them for this. I implore my fellow members to join me in honoring Snowshoe Mountain Resort and also to encourage all ski resorts to follow the example of Snowshoe Mountain in promoting the equal opportunity for all disabled persons to participate in sports.

Mr. Speaker, I rise today to honor Rotary International for reaching its' 100th Anniversary, and for the monumental amount of achievements it has accomplished within its' time.

Rotary Club was first founded in 1905 by Paul Harris, an attorney, in Chicago Illinois with the interest of organizing a booster club, which then expanded to Rotary International in 1922, and has grown to include over 1.2 million members in more than 31,000 clubs that span the globe in 166 countries. The Rotary District in my own Congressional District has 32 clubs within it that include some 1509 members.

In my home district, Anthony K. Blankenship, the District Governor Elect of District 7550, has set a superb example for all business leaders in the area by serving on his local chamber of commerce and as the Ohio Valley Automotive Aftermarket Association's vice chair. He has also served in many capacities for the Matewan Rotary Club, including President.

Each year the local Rotary District sponsors a Group Study Exchange to foster peace and understanding between nations that sends four Non- Rotarian business people and one Rotarian to a paired foreign nation to experience a different culture and way of life. This past year the 7550 District sent a member and four business professionals to Great Britain and has plans to send another entourage to Australia this year.

Rotary International has encouraged and fostered the ideal of service as a basis of worthy enterprise, and thus adopted the 4-Way Test, formulated by its' own Herbert Taylor, who developed a standard code of ethics for businesses.

The Rotary Foundation has been instrumental in funding many worthwhile service projects that have improved the lives of people across the globe by promoting world understanding and peace through humanitarian, educational, and cultural programs. The Rotary clubs in my district, led by the Beckley Rotary club, recently secured a $300,000 grant to build a clinic in India.

Rotary International has enacted the Polio-Plus program that has collected over $500 million, contributed tens of thousands of volunteer man-hours, inoculated over 2 billion children since 1985 with the polio vaccine, and is slated to eradicate polio globally by December, 2005.

Rotary has been actively involved in creating a peaceful world by fostering peace initiatives that have created Rotary Centers for International Studies at world-renowned universities in an effort to educate and train Rotary World Peace Scholars in conflict resolution, peace studies, and international relations. In fact, a West Virginia native of St. Albans was one of the first graduates of this program.

Many students have excelled and benefited under the Rotary Youth Exchange, which funded by the Ambassadorial Scholarships, has become the international community's largest privately funded international scholarships program. The Matewan Rotary Club ensures each year that two local high school students will receive a scholarship to further their higher education goals.

I wish to honor today and hope that my colleagues will join me in honoring Rotary International for continually striving to promote the ideal of service as an integral part of enterprise, and a sustained effort to maintain high ethical standards while promoting peaceful initiatives around the globe.

Mr. Speaker, in my capacity as the ranking Democratic member of the Resources Committee, I would like to register my strong support of H.R. 62, to create the office of chief financial officer for the territory of the U.S. Virgin Islands.

This Chamber passed similar legislation in the 108th Congress because of the tireless and tenacious efforts of Mrs. Christensen. Today, we are bringing up this legislation early in the Congress hoping the Senate will act on it expeditiously.

The financial condition of the Virgin Islands remains in trouble. Skyrocketing deficits coupled with inadequate fiscal controls have left the local government struggling to provide basic services to the people of the Virgin Islands.

Just last week, the U.S. Department of Education issued an order to the Virgin Islands Government to hire an independent contractor to manage approximately $35 million in annual grants because the local government did not have a financial system in place to adequately account for the grants. Regrettably, this recent order was not the first of its kind by one of our Federal agencies levied against the local Virgin Islands Government.

Clearly, the lack of financial accountability and the potential for financial insolvency of the territory did not occur overnight. Nevertheless the introduction of this measure, by the distinguished representative of the Virgin Islands, Donna Christensen, continues to be met with controversy and opposition from many local political leaders.

Donna Christensen has made it clear that this legislation is something that she would rather not have to do, but the circumstances of her territory have made the choices for her. She is a brave woman for fighting for what she believes is in the best interest of her constituents and for her island and she should be commended.

Virgin Islands history will tout this legislation as a turning point in the fundamental approach that the territory handles its financial affairs.

I have said it before, and I will say it again today: When the next chapter in Profiles in Courage is written, it will be about the gentlelady from the Virgin Islands, Donna Christensen.

I urge my colleagues to support favorable passage by this body of

Mr. Chairman, I rise today to voice my support for the transportation bill currently before us. TEA-LU was crafted as the result of bipartisan compromise, which is the tradition of the Transportation Committee.

I congratulate Chairman Don Young, Ranking Member Oberstar, Chairman Tom Petri and Ranking Member Peter DeFazio for bringing this bill to the floor. I also congratulate the staffs on both sides of the aisle for their hard work.

While I know I speak for many of us who would have preferred an increased funding level--more in line with the needs of our country this bill serves as a good first step as we move to reauthorize TEA 21.

Investment in transportation is one of the wisest decisions this Congress can make. For every $1 billion spend on infrastructure, 47,500 new jobs are created. That is certainly welcome news in my home state of West Virginia.

Transportation funding also spurs economic growth and development. Goods and services are delivered more quickly and efficiently, which benefits both the producer and the consumer.

In West Virginia, we have tied transportation investment to technology and tourism. New and improved roads allow for the tourism industry to thrive and the seeds of enhanced technology to be planted. In sum, transportation investment is a win-win for southern West Virginia.

As a member of the Committee, I know how hard our Chairmen and Ranking Members have worked to bring this bill to the floor. I urge my colleagues to support the underlying bill.

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

Sequential Votes Postponed In Committee Of The Whole

Mr. Speaker, it is with great sadness that I discuss the life of the late Congresswoman Tillie Fowler. I knew Tillie during the eight years she served in the House of Representatives and remember vividly her strong work as a member of the House Transportation Committee. I join my colleagues in mourning her loss.

Tillie Fowler was born into a family with a tradition of leadership and service. Her father was a member of the Georgia legislature for 44 years. He urged her to go to law school because he had seen widowed women during the Depression unable to get a job and earn a decent living.

Following her graduation from law school, she worked as a House aide and as a general counsel in the White House Office of Consumer Affairs.

As Vice Chairwoman of the House Republican Conference--number 5 in House leadership--she represented her constituents well and with distinction. She was a tireless advocate for a strong national defense, which was natural for her because her district was in the midst of several naval installations. Out of Congress she sustained her interest in the Armed Forces by serving on several influential panels. As always, she brought passion and professionalism to these difficult tasks.

I had occasion to work with her as a member of the Transportation Committee. I remember her as cordial and gracious, but always intensely passionate about the needs of her constituents. These traits helped her get the nickname ``Steel Magnolia.''

I join my colleagues in mourning the death of Tillie Fowler. She was a strong leader and good friend to all of us. On behalf of the people of the Third District of West Virginia, I extend condolences to her husband Buck and two daughters, Tillie and Elizabeth.

Mr. Speaker, I wish to discuss the Administration's proposed budget cuts to Amtrak.

I want to be clear from the very beginning: if the Administration's proposed cuts go into effect, Amtrak will not survive. And, in many cases, the millions of people who depend on Amtrak's services will be left with no reliable means of rail transportation. This would result in a serious problem for rail passengers, and represents a tremendous misjudgment by this Administration.

The Administration has made clear its position on Amtrak. The result of their cuts to Amtrak would ``lead to the elimination of operations.'' I am concerned that the ``elimination of operations'' would result in a significant hardship for the people of southern West Virginia, and Amtrak riders everywhere.

Practically speaking, the millions of passengers who depend on Amtrak's services would be stranded. Those who can afford a car or plane ticket would descend on our already heavily congested roads and airports. Those without the means to purchase an airline ticket or pay for the ever-increasing price of gasoline--and those in rural communities without direct access to airline or highway travel--would be left twisting in the wind.

In West Virginia alone, Amtrak served nearly 51,000 passengers in 2004. Two of the largest cities in the 3rd Congressional District, Huntington and Hinton, represent nearly half that total with nearly 24,000 riders. In addition, Amtrak pumped $3.7 million into the state's economy--which helped foster job creation and economic development opportunities for West Virginians. The economic impact of Amtrak on my state, and states throughout the country, cannot be overlooked.

Importantly, Amtrak is making great strides to improve itself from within. Capital investment is up substantially; a new and detailed five-year plan has been developed; unprofitable services have been eliminated; and significant overhauls and needed maintenance operations have been undertaken. And Amtrak's ridership has, and continues to, increase.

I urge this House, this Congress and this Administration to recognize the improvements Amtrak is making, the need Amtrak fills for millions of Americans and the importance of Amtrak on America's transportation infrastructure.

Mr. Speaker, I thank the gentleman from California for yielding me this time, and I thank him for his help on this resolution.

I thank as well the gentleman from Illinois (Mr. Hyde), the chairman of the full committee; the gentlewoman from Florida (Ms. Ros-Lehtinen), subcommittee chairwoman; and especially the gentleman from California (Mr. Issa) for his invaluable help in drafting this resolution. I thank the gentleman from Illinois (Mr. LaHood), the gentleman from Michigan (Mr. Dingell), the gentleman from Louisiana (Mr. Boustany), my initial co-sponsors, for their quick action as well following the events of Monday morning this week.

Mr. Speaker, both of my grandfathers were born in Lebanon. It is a heritage

of which I am proud. I am proud as well about the relationship between our two countries. I am proud of the Lebanese people. I am proud of the contributions that the Lebanese society has given to not only America but to the world and vice versa. We can look across all sectors of American life, cultural, educational, medical, and see examples of where our two people have worked closely for the betterment of humankind. And that relationship is strong. It has been strong over decades and decades, and it will continue to be strong.

I have traveled Beirut a number of times. I was there at the height of the Israeli bombardment in July/August of 1982. I have been in Lebanon at the height of the fighting, at the height of the hostage taking. I have been in Lebanon in peaceful times. Recently, I have seen the reconstruction and the beauty that has returned and the safety and security that has returned to that city and most all of the country. And that has made me proud of the land of my grandfathers. It has made me proud of the Lebanese people, the dedication they have.

They have been through a lot, there is no doubt about it. The civil war took its toll on the country. During that time, we saw Lebanon serve as the chessboard for many outside foreign forces to play their power games upon the land of Lebanon. The government was weak then. They could not control their borders. They could not control the outside forces that came into Lebanon to play their deadly, deadly games.

But in 1990 that civil war came to an end. It came to an end with the tremendous help of the former Lebanese prime minister, he was not prime minister at that time, Rafik Hariri. He was born in Lebanon but raised and made most of his fortune in Saudi Arabia. He represented that country as well as Lebanon in bringing the various militias together to end the civil war in the early 1990s time frame. He also used his personal wealth to rebuild that country, as has already been stated on the floor today.

Solidaire, the reconstruction company that rebuilt downtown Beirut, did it in a fashion that much of ancient history was preserved at the same time that Beirut looked forward to the future. And it was done in a way that had to reconcile many factions within Beirut itself. So Rafik Hariri spent not only his personal fortune in this rebuilding, but he put his life on the line for his native country of Lebanon.

The fate that he suffered this past Monday morning is a fate that no human being on the face of the Earth should suffer. It was a criminal act; it was a heinous act of terrorism from those who do not have the courage to work through the political systems or differences. I do not know who is to blame. Certainly there are enough outside forces in the region that once again are looking at Lebanon to play their ugly, deadly games. It is well known Rafik Hariri's background with the Saudi royal family. They have enemies in the region. Certainly we know that al Qaeda would use every chance to strike at the Saudi royal family.

Much has been said about the Syrian influence. Syria is a neighborly Arab country, a brotherly country to Lebanon; and it certainly has its interest in that country, as two neighbors always will have.

But that is beside the point today. As the gentleman from Illinois (Mr. LaHood) said today, we honor the legacy and the presence of a man who was huge in Lebanon, but huge in the world as well. He was a friend to many in this country, including the current occupant of the White House. When Rafik Hariri would come to Washington, D.C., he was received with respect, and he was received with hospitality by many of my colleagues and by many around this country.

So today to his widow, to his sisters and brothers, to his children, we extend our deepest sympathy; and we know that his presence is big in Lebanon and around this world and is big in this Congress of the United States because he had many friends here, and we pay our respects to him today.

Mr. Speaker, it is with deep regret that I announce the loss of a true pioneer of whitewater rafting in southern West Virginia. Jon Dragan, dubbed the ``Father of Whitewater Rafting,'' passed away on Saturday at the young age of 62.

Jon came to Fayette County West Virginia in 1964 to explore our wonderful rivers, the New and the Gauley. By 1968 he had opened the first commercial whitewater rafting company on the New River and the rest is history.

It was my great pleasure to work with him in my early years as a Congressman to establish the New River Gorge as a National River and part of the National Park system in 1978. His efforts in the process were instrumental and the end result has been a lasting wonder for southern West Virginia.

Throughout his career he continued to take part in exciting whitewater adventures, all while finding time to help out the community. He was a true public servant to West Virginia, and he leaves behind many people who were glad to know him, many fond memories and a great whitewater rafting industry.

Whitewater rafting is a huge part of the economy in southern West Virginia. It is one of the many wild, wonderful things that bring tourists to West Virginia and the entire industry was started by Mr. Dragan. We owe a great debt to him for all of his hard work and he will forever be remembered in Fayette County and across Southern West Virginia.

Madam Speaker, it is indeed a high honor for me to rise today to introduce our guest chaplain, the Reverend David F. Allen, Pastor of the Welcome Baptist Church, located in my Third Congressional District in my hometown of Beckley, West Virginia.

Pastor Allen was born and raised in Greenstown, West Virginia, and is one of eight children raised by his mother, a single parent. He was educated in the Fayette County public school system and holds several teaching certificates and certifications through the National Baptist Convention.

Pastor Allen received his call to the preaching ministry at the age of 14, and since that time he has actively pursued his calling. He has been the Pastor of Welcome Baptist Church for the past 12 years.

Pastor Allen is the Vice Moderator and District Missionary of the Winding Gulf District Association. He has served as Supply Minister to many area churches and does extensive work in the evangelistic field.

Pastor Allen is also the founding Bishop of Tsidkenu Ministries, a State-chartered outreach ministry. In addition, Pastor Allen is the President of the Christian Ministers Alliance of Beckley, West Virginia, and vicinity.

He is married to Gloria J. Allen, who is with us today, and they are the proud parents of five children and grandparents to five grandchildren. Pastor Allen states that he is a God-called, spirit- filled preacher of God's Word.

Madam Speaker, again it is an honor for me to introduce and welcome to the U.S. House of Representatives the Reverend David F. Allen, Pastor of the Welcome Baptist Church in Beckley, West Virginia, to deliver our opening prayer. Thank you.

Mr. Speaker, is nothing sacred in this Administration's budget? At a time when our greatest generation is relying more and more on the VA to provide health services and our newest veterans are returning from Iraq and Afghanistan, the White House is proposing to slash their benefits and force them to pay ever increasing premiums. What happened to keeping promises to our nation's veterans?

With the constantly rising cost of health care, the proposed funding falls well short of what is needed for our veterans. These veterans paid their service to our Nation and they earned a lifetime of health care coverage--we promised it to them. Now, as the President wants to spend trillions of dollars to privatize Social Security, he also wants to break that promise and make veterans pay for their healthcare again!

The absurdity of this would be laughable if it weren't such a serious and disturbing proposal.

Thomas P. Cadmus, the National Commander of the American Legion sees and understands the absurdity of this as well. He said, and I quote:

``It is incomprehensible that our veterans will pay for the shortfall in VA health-care funding from their own pockets as tax dollars flow out the back door of America.''

And these tax dollars aren't just flowing out the back door of America in additional foreign aid funding, they are also flowing out the front door in the form of tax cuts for the wealthiest one percent of our Nation.

We have the money to keep our promise to our veterans and I urge the White House to reevaluate the budget and make the changes needed to reinforce the promise to our veterans.

I am also enclosing a press release from The American Legion which I submit for the Record to accompany my remarks.

Legion Leader Says Proposed Budget Reaches Deep Into Veterans' Pockets

WASHINGTON, February 7, 2005.--The leader of the nation's

largest military veterans organization reacted strongly to

the effects that President Bush's budget plan will have on

veterans. He called it a smoke screen to raise revenue at the

expense of veterans.

``This is not acceptable,'' said Thomas P. Cadmus, national

commander of the 2.7 million-member American Legion. ``It's

nothing more than a health care tax designed to increase

revenue at the expense of veterans who served their

country.''

Cadmus was referring to the portion of the proposed budget

that would double the co-payment charge to many veterans for

prescription drugs and would require some to pay a new fee of

$250 a year to use their own their own health care system.

``Is the goal of these legislative initiatives to drive

those veterans paying for their health care away from the

system designed to serve veterans?'' Cadmus asked. ``The

President is asking Congress to make `health care poaching'

legal in the world's largest health care delivery system.''

``When the President first came to Washington, among his

first official acts was to triple the prescription co-payment

from $2 to $7,'' Cadmus said. ``Once again, the President

wants to double the co-payment and fortunately, Congress has

wisely rejected that proposal. Making veterans pay for timely

access to quality health care is wrong.''

This is the third year in a row the President has attempted

to establish an enrollment fee for those veterans making co-

payments and third-party reimbursements to the VA.

``Many of these veterans are Medicare-eligible and already

paying the federal government for their part A and B

coverage, so why should they have to pay an additional

enrollment fee? VA can't even bill Medicare,'' Cadmus said.

``Other veterans with private health insurance make co-

payments and then VA is reimbursed for services. Again, why

should they be forced to pay an additional $250 to go to VA

medical facilities?''

``During my visits to VA hospitals, I have not run into

Bill Gates, Donald Trump, or Ross Perot seeking care. I see

mostly veterans--many on small fixed incomes--trying to make

ends meet and exercising their very best health care

option.'' Cadmus observed.

``Veterans' health care is an ongoing expense of war,'' he

added. ``You don't thank veterans for serving their country

and then tell them, `By the way, better not get wounded or

you'll have to pay extra for your health care.' This is

offensive to every veteran in America. That is why this

government must move VA health care out from under the

umbrella of discretionary spending to mandatory spending,''

Cadmus stressed.

The American Legion has requested a $3.5 billion increase

in health care spending in FY 2006. The President is

proposing $9.5 billion in foreign aid, about $2.1 billion

more than the current level.

``As young Americans in uniform battle terrorism in Iraq

and Afghanistan, as well as 119 other countries, it is

incomprehensible that our veterans will pay for the shortfall

in VA health care funding from their own pockets as tax

dollars flow out the back door of America,'' Cadmus said.

``We reminded the President of our position on veterans'

health care needs during his campaign and I personally

testified on the issue on Capitol Hill last September,''

Cadmus added. ``Our budget request is very realistic when you

consider the Secretary has slammed the door in the face of

hundreds of thousands of veterans eligible, but currently

forbidden from seeking quality care from VA.''

``The current appropriations process is broken and is not

adequately funding VA medical care,'' Cadmus said.

``President George W. Bush's Task Force to Improve Health

Care Delivery for Our Nation's Veterans on May 26, 2003,

identified the mismatch between demand and funding as a major

obstacle in meeting the nation's commitment to veterans. The

American Legion and nine other veterans' organizations

believe the answer lies in changing VA health care funding

from discretionary to mandatory appropriation.''

``No active-duty service member in harm's way should ever

have to question the nation's commitment to veterans. This is

the wrong message at the wrong time to the wrong

constituency.

Mr. Speaker, regardless of the fact that the Federal Government holds land in trust for the American people, sadly it appears that what the people own, the people may not necessarily ever get to use.

Last year, I informed this House of the case of two tiny islands in the western Carribean. It is a story worth repeating.

Navassa and Desecheo islands have interesting histories, but I doubt most Americans even know they exist, let alone that the islands are, in fact, part of our very own country.

The story of Navassa Island is a classic tale of American capitalism. It came to be part of America in the late 1800's through the mining and sale of petrified bird guano, yes, guano, as fertilizer. It is also the site of one of our Nation's early, ugly labor disputes. Over time, guano went out of fashion, but the outpost served a new purpose for 80 years, as a light source to guide ships through the islands of the Caribbean. In 1996, with the advent of new technologies, the lighthouse went dark. The property, however, remained part of the U.S.

Eventually that island and Desecheo Island, a former military training range, were incorporated into the National Wildlife Refuge system. The designation rightfully recognizes the unique qualities of the two islands, which are rich in uncommon plant and animal life. But, in turn, it has also led to their being essentially fenced off from the people who own them, the American public. For in fact, today, the Fish and Wildlife Service bars legal access to these two islands apparently under any circumstance.

That might be the end of the story, were it not for a group of Ham radio operators, who, after having been granted special use access to these public lands for 20 years, were suddenly denied permission to visit the islands to broadcast.

Indeed, for no sensible reason, the Fish and Wildlife Service, the same agency that had been granting access to these radio operators, arbitrarily reversed course and denied permits for a non-controversial recreational activity that had been approved for two decades of responsible and uneventful public use.

Not only did the agency cut off these broadcasters, it did so even after they agreed to assume all liability, to submit to any regulation or permit condition, and even to pay all administrative, management and travel costs for the Federal agency to remove all financial and logistical hurdles.

It has also come to my attention recently that Ham radio operators have also been denied access to the Farallon National Wildlife Refuge located off the California coast 28 miles from San Francisco, even though this refuge allows access by special use permits. Moreover, there are eight broadcast antennae already on one of the islands that provide radio communications and the transmission of weather and seismic information to the mainland.

This is an instance of outrageous administrative arrogance to deny permits for a recreational use that has been shown to be harmless to fish and wildlife. Public recreation at our National Wildlife Refuges is as much a part of the history of Refuge System as the critters themselves.

The Secretary of the Interior has been given congressional authority to grant special use permits for just such circumstances, when a public use is not incompatible with the purpose of the refuge. Yet, for some reason that escapes me, this Secretary will not budge. In the case of these two islands, the Secretary's discretionary powers amount to guano.

Such hubris cannot be allowed to stand unchallenged. Along with my colleague, the chairman of the Resources Committee, Richard Pombo, I am introducing today legislation to address this deplorable situation and to restore the public's right of access to its Federal public lands. The liberation of Navassa and Desecheo Islands begins today.

This legislation would accomplish two main goals. First, it would require the Fish and Wildlife Service to provide public access, use of, and recreational opportunities to resolve this particular dispute. Second, the legislation would require the Service to establish at least one period of time each year for public access to each refuge.

Of great importance to me, language authorizing the Service to specify use periods and to attach reasonable permit restrictions in order to protect resources and public safety should provide adequate flexibility to balance the competing interests of resource protection and public recreation.

Another benefit of this legislation will be to help harmonize existing use policies at these refuges with three other remote refuges in the Pacific, Baker Island, Johnson Island and Jarvis Island. These three refuges, all accessible by way of special use permits, show plainly that controlled public recreational access is possible even at extremely remote and fragile refuges.

In fact, the ham radio operators were successful in securing a permit to visit Baker Island as recently as 2002. In fairness, the same access should be provided to Navassa Island and Desecheo.

I am fully aware of the Service's need to balance public access with the Refuge System's overall ``wildlife first'' mission.

The Service cannot, however, be allowed to selectively choose to implement those parts of its authority it favors but ignore those requirements to provide for public recreation which are clearly stated in existing law.

I urge members to support this important legislation.

Mr. Speaker, I cannot begin to guess how many times throughout my years of service in this institution I have heard my colleagues stand on this floor and pay homage to America's workers. I could probably paper these walls a dozen times over with the copies of speeches delivered here that have praised American working families for their contributions to our economy and our culture.

Patriotism, fairness, loyalty, a belief in hard work--these are just some of the qualities I have heard so accurately ascribed to America's working families. They are certainly traits deserving of public admiration. But I believe that they are also qualities that deserve to be preserved and maintained by Congress, because these are the threads that form the fabric of American life.

Today, the quality of life and the core values of America's working families are under siege, again, and the work of Congress faces unraveling. In particular, I raise the matter of a court decision last fall that knocked loose a core underpinning of the Coal Act.

In horrendous decisions, a federal judge thumbed his nose at Congress, and its work to ensure that the federal promise to America's miners would be kept. In a wrong-headed decision, that court placed in jeopardy the health care of thousands of elderly and ill retired miners and their spouses. The case involved Horizon Natural Resources--the nation's fourth

largest coal company--which had gone to court to seek a way out of its obligations to its workers.

This was not so much a matter of a company whose tills were empty and whose assets were gone. It was, more precisely, a matter of a company that wanted the books to look better for prospective buyers who could scoop of the existing mines and processing facilities free of the weight of Coal Act obligations.

So Horizon went to court and asked a judge to let it use bankruptcy loopholes to circumvent its legal duties to its workers under the Coal Act. The company, quite plainly, wanted a seal of approval to turn its back on the men and women who had devoted their lives to it. Then, in September, almost inconceivably, the judge gave Horizon the final nod. It was OK, it was ruled, for an American company to so devalue the American worker and to go around the intent of Congress. Horizon could merely dump its obligations, and go along its merry way.

It is not just the workers of Horizon who will suffer. In turn, the cost of the benefits legally owed by Horizon have been thrown onto already financially strained benefits plans. Consequently, Horizon and the courts, have sent a shock wave that jeopardizes the health care benefits of thousands of other retirees and beneficiaries. The weight of those obligations cannot long be managed in the current scenario. And if other companies follow suit, collapse will only be hastened. The need for a fix is urgent.

I have, therefore, joined with Senator Rockefeller in introducing legislation intended to address this court decision. My bill will make it clear that the benefits and obligations mandated by the Congress through the Coal Act cannot be modified by the bankruptcy courts. It will, as well, prevent additional companies from trying to circumvent the Coal Act through bankruptcy, while leaving others, who play by the rules, holding the bag.

I am all too familiar with the struggles of working men and women in our country. I have always believed that a fair day's labor deserves a fair day's wages. I believe, too, that a company has certain obligations to a faithful worker who has devoted his life to laboring for the good of the company. It has been here, in the halls of Congress, where these beliefs have found refuge in the form of legislation, such as the Coal Act. The bill I introduce today reaffirms a federal promise made to America's coal miners and helps to fulfill the duty of Congress to America's working families.

Mr. Speaker, today I am introducing legislation to restore the prohibition on the commercial sale and slaughter of wild free-roaming horses and burros.

My legislation is necessary because of 36 lines that were hidden away in the recently enacted Consolidated Appropriations Act that overturned more than 30 years of national policy on the protection and management of wild free-roaming horses and burros. This backdoor legislative maneuver, enacted without public notice, will make these animals available to the highest bidder for processing into commercial products.

We need to stop this senseless and inhumane policy change before it can be carried out.

This body needs to be reminded of the public outcry, much of it from the voices of children across the United States, that sparked Congress in 1971 to pass the Wild Free-Roaming Horses and Burros Act (Public Law 92-195). That law established as national policy ``that wild free- roaming horses and burros shall be protected from capture, branding, harassment, and death; and to accomplish this they are considered in the area where presently found, as an integral part of the natural system of the public lands.'' Just as importantly, the law directed that ``no wild free-roaming horse or burros or its remains may be sold or transferred for consideration for processing into commercial products.''

It has been illegal for the past 33 years to sell or transfer wild horses and burros for processing into commercial products because many Americans abhor the thought. They would be aghast to know that these animals now can and will be slaughtered so their meat can be offered on menus in France, Belgium and Japan.

The 1971 Act directed the Bureau of Land Management (BLM) and the Forest Service to enforce the law on public lands. Unfortunately, these agencies, especially the BLM, have not lived up to the task. Reports of the Government Accountability Office and the Inspector General, as well as newspaper exposes, have outlined numerous instances where the BLM has failed to properly manage these animals.

Instead of addressing these long-term and widespread management problems, we have just seen the enactment of a quick and dirty fix. Now under the guise of ``managing'' these living symbols of the American West, the agency will be permitted to allow the slaughter of animals that they had been previously charged with protecting.

What makes this slaughter provision all the more senseless is that humane alternatives exist and federal agencies have the authority to carry out such humane actions as adoption, sterilization, relocation, and placement with qualified individuals and organizations. To suggest that an acceptable solution to a federal agency's management shortcomings is commercial slaughter is an irresponsible approach to our public lands and the wildlife that roam them.

A public outcry has again begun across the United States over the change in law that now allows the commercial sale and slaughter of wild free-roaming horses and burros. We need to act before it is too late for thousands of these animals. I am pleased to introduce my legislation today with my colleague from Kentucky Mr. Whitfield. I urge my other colleagues to support this bill so that we may have the prompt restoration of a just and humane policy for wild free-roaming horses and burros.

Mr. Speaker, I rise today to pay tribute to a woman who had a very distinguished career as a State extension specialist in the State of West Virginia Mrs. Tanner Johnson Livisay. Mrs. Livisay was a retired State extension specialist and associate professor at West Virginia University and was a resident of Princeton, West Virginia. Mrs. Livisay graduated in 1923 from the former Douglas High School in Huntington, West Virginia and later went on to earn her Bachelor of Science degree in home economics from West Virginia State College in 1927. She then taught in Jefferson and Wyoming counties for the next 14 years. Mrs. Livisay earned her Masters degree from West Virginia University and completed further studies at Merrill Palmer Institute in Detroit, Michigan, University of Michigan, University of Cincinnati, Cornell University and Colorado State University. In 1941, Mrs. Livisay began her work as a home demonstration agent in West Virginia. Her territory included Mercer, McDowell and Cabell counties in my district. She organized home and garden clubs, 4-H clubs, and established the West Virginia State Farm Homemakers Council, under the auspices of West Virginia State College, West Virginia University and the U.S. Department of Agriculture. She was the district home demonstration agent and became program development leader. After 27 years in the Extension Service, Mrs. Livisay retired as a specialist in child development and human relations. A personal account of the work of the West Virginia Extension Service for African-Americans is recorded in the book, ``Reaching Out with Heart and Hands--The Memories of An Extension Worker,'' written by Mrs. Livisay in 1994.

A diamond soror and life member, Mrs. Livisay was initiated into Nu Chapter of Alpha Kappa Alpha Sorority Inc. in 1925. She was a charter member of Epsilon Delta Omega Chapter in Beckley, West Virginia and at the time of her death, she was a member of Eta Iota Omega Chapter, in Inkster, Michigan. Mrs. Livisay, was the proud mother of four children, Carolyn L. McGhee, Marilyn L. Stewart, Jackson P. Livisay, Jr. and Osborne Livisay.

Mr. Speaker, I am honored today to pay tribute to the late Mrs. Tanner Johnson Livisay, for her many accomplishments and achievements and the legacy she leaves for her family and the great State of West Virginia, and in particular, my third congressional district.

Mr. Speaker, l have always believed that, in America, hard work leads to reward. I grew up in a family that inspired me by example to work hard, to be fair, and to be loyal. They are values worth instilling in future generations. They are concepts that, I believe, set our Nation apart and above the rest of the world.

Increasingly, however, these American ideals are being swept aside in the corporate chase for the almighty dollar, and it does not bode well for the future of our country.

In recent months, the media in my State have been running stories about a series of court cases concerning Horizon Natural Resources--the Nation's fourth largest coal company. The once robust company was ailing financially and it was seeking protection through the bankruptcy codes. It is the kind of story that might normally engender sympathy. But how this company went about trying to protect itself wipes away any semblance of pity.

Horizon went after its employees, current and past. It went after their benefits, including their health care. In a cold and callous act, Horizon Natural Resources went to court and asked a judge to allow it to abandon its obligations to those men and women who had labored long and hard in the mines and coal-processing facilities to earn an honest living for themselves and the boys in suits.

In a final, appalling decision in September, a federal judge gave the ``all clear'' to Horizon to use bankruptcy loopholes to turn its back on its workers. Armed with that decision, Horizon took years of the hard work and the loyalty of thousands of employees and their families and heartlessly tossed it all out the courtroom window.

As a result, Horizon's mines and coal-processing facilities are enabled to continue to operate under new names, but its employees and retirees have suffered egregious losses, including, for some, the loss of their promised health care.

Such court decisions, to my mind, do not even vaguely resemble justice. They make a mockery of the word. Moreover, they thwart the intent of Congress when enacting the Coal Act which was supposed to guarantee those health care benefits.

As a result of its courtroom victories, Horizon is not only permitted to chuck its obligations to ensure certain benefits for its own employees, it is able to dump its liabilities on already financially strained benefit plans that provide for thousands of other retirees and their beneficiaries. Benefit plans, I might add, that are largely being financed by other coal companies.

As such, the Horizon ``bankruptcy'' decision resulted in several bad decisions that may have long-term, far-reaching implications for benefits and employer obligations under the Coal Act, including the level of benefits that are required to be provided. In handing down such a poorly considered decision, one federal judge set off a domino effect that will also cost numerous companies that are playing by the rules.

This is exactly the type of egregious corporate behavior the Coal Act sought to address. It is wrong. It goes against the American grain. It turns on its head the ideals of hard work and loyalty and fairness.

This series of court decisions cannot be allowed to stand. In response, today I, along with West Virginia Senator Jay Rockefeller, are introducing legislation to seek a remedy to this situation. Our bill will make clear that the benefits and obligations mandated by the Coal Act cannot be modified by the bankruptcy courts. It will prevent other companies from attempting to skirt the Coal Act through bankruptcy, and help to provide more stability to already over-burdened benefit plans and those families who depend on them.

Moreover, our bill will send a message that financial bankruptcy is not an excuse for moral bankruptcy, and that loyalty and hard work are worthy ideals still valued in America today.