Floor Statements

Mr. Speaker, as the telecommunications industry takes leaps and bounds in pushing the innovation envelope, it is almost impossible for the Federal Government to keep pace. In fact, it is often times a detriment for the Government to preemptively legislate on an issue before we can either define it or grasp its impact. What we can do is to remove barriers to entry that currently exist, paving the way for new entrants to offer services benefiting this Nation.

The legislation before us here today is a step in the direction of more choice and lower costs for American consumers. A national cable franchise will streamline the current process and allow faster entry into the marketplace for non-traditional cable providers providing real choice for all of our constituents.

In my home State of Indiana, legislation was enacted earlier this year, streamlining the process by which cable providers could offer service. Already, investment is coming to the heartland--millions of dollars is being plugged into our economy by companies laying fiber, offering different services, leading to more jobs in Indiana. Let's also talk about the smaller companies in my district, and across Indiana, who now are free from barriers to entry so they can begin to offer cable services to compete with larger companies.

Who is the winner in the end? Our constituents, our economy, our innovators. I thank Chairman Barton and Chairman Upton for their leadership on this issue.

Mr. Chairman, I commend Chairman Barton and Chairman Upton for their leadership, along with my colleague, Mr. Rush, from Chicago, and others.

This came out of the subcommittee 27-4, a majority of the minority Democrats of the full committee supported this legislation. So this is an overwhelmingly bipartisan piece of legislation that is very exciting for the American people because it outlines the principles of free, open, market competition. It continues to spawn the technological renaissance that will benefit consumers and lower price.

We are talking about things today that weren't even around when we did the Telecommunications Act of 1996. Telephony? IPTV? We didn't even know those terms. As a matter of fact, when compression technology came along, we thought the future in 1996 was about voice. We got it wrong. It is about voice, video, and data, and that is what we have today on these cell phones.

So when we talk about delivering of video services, the landscaped has changed. Congress has to change. We need to get out of the way. We need to deregulate. If you have to regulate, do so on parity and be technologically neutral.

I commend the chairman.

I do not support the Markey amendment.

Mandated neutrality standards do nothing more than squelch innovation, stifle competition and undermine broadband deployment.

Anytime the government attempts to legislate a ``potential'' problem it ends up either, at best in years of litigation, and at worst with a regulatory framework that does nothing to help this country.

Currently, at great expense, large and small companies across the country have invested billions of dollars to lay fiber in an effort to provide wanted services to their consumers. Any attempt for government to then restrict their ability to potentially charge for the use of these pipelines acts as a disincentive to continue to deploy, or maintain current access.

Even now, consumers choose different tiers of access to the Internet--I don't see how it can be fair to charge the same rate to one consumer who merely wants to use the internet for sending and receiving emails and another who is actively downloading a multitude of songs, videos, and television shows. The same goes for web sites that demand the use of large amounts of data, such as a video sharing site, or a music download site. In an effort to provide the fastest and most efficient service, should we be blind to those who paid and labored to place the fiber in the ground?

It seems inequitable and counterintuitive to the pro-market principles from which this nation has benefited.

Mr. Speaker, I move to suspend the rules and concur in the Senate amendment to the bill (H.R. 5037) to amend titles 38 and 18, United States Code, to prohibit certain demonstrations at cemeteries under the control of the National Cemetery Administration and at Arlington National Cemetery, and for other purposes.

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

Mr. Speaker, I rise this evening in great anticipation that we will pass H.R. 5037, as amended, and send the Respect for America's Fallen Heroes Act to the President for his signature by Memorial Day.

Each family of the United States military now attends to their loved ones funeral with a wrenching worry that it will be met possibly with a protest or a demonstration. With the approach of our Nation's annual day of remembrance, it is altogether fitting that we approve this bill to protect the sanctity of our military funerals at our national cemeteries and Arlington National Cemetery.

H.R. 5037, as amended, reflects a compromise agreement with the Senate that would prohibit demonstrations taking place within 150 feet of a road, pathway or other routes of ingress or egress from the national cemeteries and Arlington National Cemetery 60 minutes before and 60 minutes after the military funeral.

On May 9 the House voted 408-3 to pass H.R. 5037, thus demonstrating overwhelming bipartisan support for protecting military funerals. This bill does not unconstitutionally draw distinctions on what demonstrations are and are not allowed based on the content of the speech. It would not interfere with the VA Secretary's existing ability to regulate on VA property other conduct that is not specifically referenced in this legislation.

Penalties associated with the violations of this legislation are fair and proportionate. A violation would be a class A misdemeanor under title 18 of the United States Code and result in fines of up to $100,000 and imprisonment of not more than one year or both. The penalty balances proportionality with the need for deterrence that has been demonstrated in outrageous disruptions that we as a Nation can no longer tolerate.

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

Mr. Speaker, I yield 7 minutes to the gentleman from Michigan (Mr. Rogers), a fellow comrade of mine, a former Army captain.

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

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

H.R. 5037, as amended, is well-considered legislation that carefully follows the United States Supreme Court and the Federal Circuit Court of Appeals precedents.

We have worked also cooperatively with the White House on this bill, and I would like to specifically thank Alex Mistri for his hard work. I thank the chief sponsors of the bill, Mr. Rogers of Michigan and Sylvestre Reyes of Texas, my comrade in arms, and Joe Baca, a veteran, Jeff Miller of Florida, as well as our colleagues in the United States Senate, namely, Senators Graham and Chambliss, Senator Frist, Senator Vitter, Jim Inhofe, Larry Craig, the ranking member Daniel Akaka, for working with all of us to ensure that families contending with this most painful of tragedies does not face the sights and sounds of hateful disruption.

I also want to take this moment to thank Chairman James Sensenbrenner and the ranking member, John Conyers, of the House Judiciary Committee and Chairman Steve Chabot and Ranking Member Jerry Nadler on the Subcommittee on the Constitution for their cooperation and assistance on the bill's drafting and the constitutional considerations.

I agree with the comment earlier of Mr. Rogers of Michigan that the Founders created this bicameral legislature to make things very difficult and challenging. When you look back, the Committee on Veterans' Affairs, we conducted our hearing back on April 6. We brought this legislation, after careful consideration, to the floor on May 9. It was sent over to the Senate. They worked their magic. They improved the bill. We bring it back and adopt it; and, hopefully, the President signs this into law Memorial Day. That is good work. That is the bipartisan cooperation that we have, and it is necessary to move veterans legislation.

I also want to take this moment to thank the National Commander Jeff Brown of the Patriot Guard Riders. These are individuals that saw an injustice and said that we will not permit people to dance on sacred ground and we will not wait for the government to act. We will defend these families and set the standards of dignity in our country with regard to military funerals.

I thank them. They have over 33,000 riders on motorcycles. When one of our soldiers falls, they grab the guidon and the American flag and they take on a mission, and the mission is to protect these military families.

Well, it is also now our responsibility to help these Patriot Riders to set forth a law so that they will not interfere with our VA national cemeteries and Arlington National Cemetery. This is the right thing to do.

So I ask my colleagues to support this legislation to preserve the sanctity of our patriots' funerals at our national cemeteries and Arlington and to ensure that the only sound echoing over a grieving family are the bugler's notes, calling upon us to remember a life well- lived and a Nation well-served.

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

Mr. Speaker, I offer this statement in support of S. 1235, as amended, the Veterans' Housing Opportunity and Benefits Improvement Act of 2006.

Working together with the Senate Committee on Veterans' Affairs, we have reached a compromise that will provide significant improvements in veterans' benefits, for those who have served this country and for those who will follow in their footsteps.

Under title one, this bill will increase the flexibility enjoyed by the Adapted Housing Grant Program and the Native American Home Loan Program. I commend Mr. Boozman and Ms. Herseth for their leadership in originally introducing these provisions, in H.R. 3665 and H.R. 1773, respectively.

As they return home to convalesce from medical care, many injured or wounded servicemembers spend time in a family member's home before returning to their own home. This legislation authorizes the Department of Veterans Affairs to equip a family member's home with necessary adaptive equipment. Further, it provides a partial adaptive housing allowance grant of between $2,000 and $14,000 to accomplish that adaptation.

This bill also helps Native American veterans and their families by making it easier for them to own their own home. We do that by making permanent a housing loan pilot program for Native American veterans and extend eligibility for Native American loans to non-native American veterans who are spouses of a Native American and who have a meaningful interest in the property under tribal law. We also increase the maximum loan amount available on tribal lands from $80,000 to the maximum limit used for Freddie Mac loans, now over $417,00.

Finally, under title one, we authorize the Secretary of Veterans Affairs to prescribe annual rate adjustment caps for VA's hybrid adjustable rate mortgage loans, thus bringing these ARMs into line with the mortgage industry and enhancing their value on the secondary market.

Mr. Speaker, title two of the bill would migrate some of the sunsetted President's National Hire Veterans Committee duties to the Veterans' Employment and Training Service of the Assistant Secretary of Labor. Further, to improve employer outreach, the bill modifies membership and duties to the Department of Labor's newly named Advisory Committee on Veterans Employment, Training and Outreach.

Title two also reauthorizes the Homeless Veterans Reintegration Program for fiscal years 2007 through 2009, retaining the maximum authorization of $50 million per year. Winning the fight against homelessness means finding homeless veterans good jobs, and that is what this program, managed by the Department of Labor, is intended to do. It is therefore a critical component of our program to end chronic homelessness among veterans.

Members of the Reserve and National Guard today play roles of unprecedented importance in our national security and must be accorded commensurate protections.

In provisions originally introduced by H.R. 2046, which I sponsored, title three of the bill increases job security among veterans by improving the Servicemembers' Civil Relief Act, SCRA, and the Uniformed Services Employment and Reemployment Rights Act, USERRA. Servicemembers who are activated and drop their commercial health insurance are now entitled to reinstatement of that policy upon their return from active duty. This bill prohibits premium increases after reinstatement other than such increases charged by that insurer for other policy holders similarly covered.

Some reservists choose to enroll in TRICARE before they are activated, for example in anticipation of activation; and S. 1235 as amended preserves their reinstatement rights under the provision detailed in the preceding paragraph, even if they ultimately do not serve on active duty.

Section 301 of the bill would, until September 30, 2011, double to 2 years the provision of Servicemembers' Group Life Insurance coverage free of charge when a member is rated totally disabled at separation. From October 2001 forward, the limit will be 18 months of free SGLI coverage.

Former prisoners of war experience great hardships that often manifest themselves in ailments years after interment. Section 401 of the bill would codify the VA's June 2005 regulation that added heart disease and ensuing complications, as well as stroke, to those diseases presumptively service-connected for former prisoners of war who were captive for at least 30 days.

Outreach to veterans is a perennial criticism leveled at VA by the Congress. Veterans cannot access benefits they don't know about. This bill will increase accountability by causing outreach activities to be collected into a discrete chapter of title 38, facilitating management and oversight of outreach and require VA to prepare a biennial outreach plan and report to Congress on its performance of that plan every two years.

Mr. Speaker, I commend and thank Ranking Member Lane Evans, Chairman Boozman, Chairman Miller, Ranking Member Berkley, and Ranking Member Herseth for their work bringing in this legislation to the Congress an ultimately to the cause of service to our veterans. I also recognize my counterpart, Senator Larry Craig, chairman of the Senate Committee on Veterans' Affairs, and Ranking Member Akaka, for their leadership on this important legislation.

Mr. Speaker, today marks the change of command for one of the finest Chiefs ever to command the United States' Army Reserve. James Ronald Helmly, born 25 September 1947, to John James Helmly and Geneva Maxine Slover, grew up in Savannah, Georgia. Ron Helmly attended high school in Savannah, where he enrolled in the Junior ROTC program. He did very well academically in school and played football and baseball. Though he had an academic scholarship, he found he missed military structure (from ROTC) and took the West Point entrance examination. Circumstances prevailed that saw Helmly leave Armstrong State College and enlist in the Army in 1966, attending Basic Training at Fort Gordon, Georgia. He completed his Advanced Individual Training at Fort Leonard Wood, Missouri, and transferred to the Infantry Officer Candidate School at Fort Benning, Georgia, because of the delay in getting a slot in the Engineer officer program. Following school, he received his commission as a second lieutenant and went on to complete the Basic Airborne course.

In September 1967, Helmly joined Company B, 3d Battalion (Airborne), 187th Infantry, 101st Airborne Division, at Fort Campbell, Kentucky, as a platoon leader and then went to Vietnam where he says the experience shaped the outlook of his entire life and gave him a fundamental love of soldiers. His Vietnam experience provided him with essential lessons about the need for good leadership and selecting people of good character and disposition, as well as professional preparedness in positions of leadership. He learned the importance of soldiers and leaders having self-confidence and training to standard. Helmly continued to serve on Active Duty from 1966 to 1973 in a variety of company- and battalion-level assignments, to include another tour in Vietnam with the 101st Airborne Division and command of an infantry company in Panama. It was during his time on active duty that Helmly met Maria Glasbrenner, the daughter of a retired Army sergeant major. They married on 6 March 1970, just before Helmly left for his second tour in Vietnam. They have two daughters and three grandchildren.

As an Army Reserve Soldier, Lieutenant General Helmly has held logistics and operations positions in the 87th Maneuver Area Command and the 81st Army Reserve Command (ARCOM). He commanded the 352nd Maintenance Battalion in Macon, GA, and the 449th Area Support Group in Forest Park, GA. He was also the Deputy Chief of Staff for Training and the Deputy Chief of Staff for Personnel of the 81st ARCOM.

He served as the Deputy Chief, Army Reserve, Washington, DC, from June 1995 to June 1999. From June 1999 to August 1999, he served as the commander of the joint task force conducting Operation PROVIDE REFUGE at Fort Dix, NJ. Until taking command of the 78th Division in May 2001, he was the Military Assistant, Manpower and Reserve Affairs (Individual Mobilization Augmentee), Office of the Assistant Secretary of the Army, Washington, DC, from October 1999 to May 2001.

LG James R. Helmly was confirmed by the U.S. Senate for promotion to lieutenant general and appointment as the Chief, Army Reserve, March 21, 2002. He took command of the U.S. Army Reserve Command on May 3, 2002, and became the Chief, Army Reserve, on May 25, 2002. His promotion to three-star rank was effective on May 25, 2002.

During his tenure as Chief of the Army Reserve he managed the mobilization of more than 147,000 Army Reserve soldiers in support of the Global War on Terror. General Helmly increased Reserve units and soldiers' readiness by having developed a progressive and cyclic training strategy that prioritized resources and managed readiness levels, improved facilities, adapted training to ever changing battlefield conditions, and streamlined Command and Control of the Army Reserve Forces.

His military education includes the Infantry Officer Basic and Advanced Courses, the Command and General Staff College, the Armed Forces Staff College and the Army War College. He has a bachelor's degree in liberal studies from the State University of New York in Albany.

Among his numerous awards and decorations are the Distinguished Service Medal, Legion of Merit with one Oak Leaf Cluster, Bronze Star with Valor Device and three Oak Leaf Clusters, Meritorious Service Medal with silver Oak Leaf Cluster, Army Commendation Medal with four Oak Leaf Clusters, Combat Infantryman Badge, Parachutist Badge, Army Staff Identification Badge and Ranger Tab. He was inducted into the Infantry Hall of Fame in 1996. General Helmly will continue his fine tradition of success as he begins his assignment in Islamabad, Pakistan, as the Chief Office of Defense Representative.

Mr. Chairman, I would like to thank the good work of Chairman Walsh and my good friend Chet Edwards on the bill. I have never questioned the sincerity of both of you in your service for my comrades and the men and women who wear the uniform. I appreciate your service.

I appreciate the advocacy also of the previous speaker, but I also have to disagree with some of her words in context because I think what we have done here is put together a pretty good bill.

Also, at the same time, I have to turn to the administration and express my appreciation to them to send one of the largest increases of any Department once again to Congress. I think it reflects our commitment to care for the veterans who need us most. It also ensures the seamless transition from military to civilian life and to provide our veterans with economic opportunities. At a time when most Federal spending will see very few increases, this spending increase for veterans will rise another 10 percent for fiscal year 2007.

After the budget shortfall that I identified last summer, I commend VA Secretary Nicholson for taking the challenge presented last year as we examined the concerns with regard to VA's budgeting process within the model that is used. Secretary Nicholson took ownership of the fiscal year 2007 budget, and it appears that improving the integrity of the process has born fruit with this legislation.

I would also note that that responsibility did not rely solely upon the Secretary. We can demand accountability of others, but we also have to demand accountability to ourselves. So what I did was I also changed the process here in Congress and said for a long time we would take the counsel and advice from military service organizations and veterans service organizations and we receive that counsel after we put together the budget, and it had been done that way for decades. Now, does that even pass the straight face test? Does that even pass common sense? I think the answer is no.

So what we did was we changed the process on how we receive the testimony from our veterans organizations and military service organizations. Before that decision was made, I met with most of them at Carlisle Barracks in Pennsylvania at a veterans summit, and then the decision was made to sever the joint hearings and receive their testimony as soon as we received the President's budget and before we put together the budget use and estimates, extremely important.

So let me share with all my colleagues that this is something that has never been done before. This right here is the testimony of 19 veterans service organizations and military service organizations that was received prior to the formulation of the budget. What a radical thing to do. It only makes sense to do this. So I am really pleased, and as a matter of fact, it is reflected in what Chairman Walsh has been able to put together, and I have such deep respect for Chairman Walsh and what he has done here.

The other thing I would like to do is I agree with the gentleman from Texas

(Mr. Edwards) commending the leadership of Chairman Walsh on mental health. I also want to share and enlighten my colleagues with something we are dealing with.

In the VA, we are dealing with the consequences of many of these roadside bombs, and when I say the consequences, let me pause, and once again, I am going to applaud you again. When we created the four polytrauma centers, the ones in Palo Alto, Minneapolis, Tampa and Richmond, these polytrauma centers are caring for the traumatic brain injuries. These wounds that we are dealing with are so much different from wounds from other wars. The American people have placed such demand upon us, and rightfully so, to do all we can to care for the men and women who are serving us, and what do we do? We reach into the Treasury and we do everything to protect the torso. We have them in their body armor. We bought them a new helmet. That helmet is strapped on. The soldier then takes the body armor, they flip it up, they have got on the helmet, the roadside bomb explodes.

Now, typically in an explosion the torso will absorb part of the blast; but right now, we have protected the torso. So when the force comes in and hits the torso, the force goes up, and it disseminates, but that which goes up hits them in the face and goes up into the helmet and cannot escape. So as it goes up into the helmet and cannot escape, we now have more traumatic brain injury than ever before.

I am enlightening all my colleagues to this because I want to work with Mr. Edwards and the chairman because I think what we need to do is redesign a new helmet. We need to design a helmet that can have some type of vent system with regard to this force, at the same time not compromise the integrity of the helmet.

Will you join me in this one? We need to do this because when you visit our polytrauma centers and all the traumatic brain injury and the eye injuries that we are receiving, you will have your maxillofacial damage, but some of that can be taken care of. But these brain injuries are very severe, and so we need to look at this helmet, and I want to work with both of you to do that.

I also want to comment on, we are on the authorization side. You are ahead of us here, and we are working on the construction budget, and we have a tremendous challenge in front of us. I want to work with you.

On the construction side of this, it has been 15 years since we have built a VA hospital. So a lot of the institutional knowledge on how to build VA hospitals is no longer there, and this spending $625 million for 170 beds, wow, is a lot of money. So our challenge is we have got Las Vegas and we have got Denver, we have got Orlando, New Orleans and Charleston, South Carolina. As we examine this collaborative effort between a medical university and a VA and how we could share facilities, as we were working on that, then Katrina hits. So then we say, okay, we can leverage that perhaps in New Orleans, and that is what is being done right now between the VA and LSU.

But I want to work with both of you as we move on the construction budget and I commend you.

Mr. Speaker, June marks the retirement of a great leader in our military ranks, Lieutenant General Daniel James III. General James is a distinguished graduate of the University of Arizona's Reserve Officer Training Corps program. In June 1969, General James completed Undergraduate Pilot Training and was assigned to Cam Ranh Bay Air Base, South Vietnam, as a forward air controller and O-1 pilot. A command pilot with a demonstrated career of exceptionally meritorious service, General James has over 4,000 hours in fighter and trainer aircraft, two Distinguished Flying Crosses, and more than 500 combat hours. His distinguished flying career includes the T-39, T-37, T-38, O-1E, F-5E, F-4 (C, D, E) and F-16A aircraft.

General James has excelled at every level of service including squadron flight commander in the 182nd Tactical Fighter Squadron (Aggressor Squadron) at Nellis Air Force Base, Nevada, and commander of the 149th Operations Group, Kelly Air Force Base, Texas. In November 1995, General James was appointed by Governor George W. Bush as the Adjutant General of the State of Texas. A Texas native, he served in this capacity until being named as the Director, Air National Guard in June 2002.

His exceptionally meritorious service has resulted in not only recognition within traditional military circles, but within the civilian community as well. He has received a wide range of civilian awards; including the Garvey-Woodson Award, Black United Fund of Texas (1995), Outstanding Service Award, Texas STARBASE Executive Advisory Board (1995-1996), Benjamin D. Foulois First Flight Award, Air Force Association--Texas (1997), Central Texas Combined Federal Campaign Community Service Award, Texas (1997-1998), Honored Patriot Award, Selective Service System (1998 and 1999), Commendation for Military Service, Joint Session of the Texas Legislature (1999) and the Palmetto Patriot Award, South Carolina (1999). He has served as the Chairman of the Greater Austin Quality Council and on the Board of Directors of the Greater Austin Chamber of Commerce.

General James' military service culminates with his assignment as Director, Air National Guard, and Vice Chief, National Guard Bureau, Virginia, from June 3, 2002, until June 2, 2006. General James served during one of the most challenging periods of any previous director of the Air National Guard. His outstanding achievements and dynamic leadership and initiative resulted in the development of a bold strategy for Air National Guard relevance in the 21st Century. His VANGUARD Engagement Strategy was the impetus for Air National Guard transformation, ensuring it would remain ``Ready, Reliable and Relevant . . . now more than ever.'' During his period as the Director, Air National Guard members flew over 200,000 sorties and more than 600,000 hours in support of the Global War on Terrorism, including well over 50 percent of the fighter, tanker and airlift sorties for Operation Noble Eagle while postured for Air Sovereignty Alert at 16 of 17 sites; provided almost one-third of the fighter sorties in Operation Enduring Freedom; provided over one-third of the fighter and tanker sorties for Operation Iraqi Freedom. Air National Guard crews supported 75 percent of the tanker sorties and over 60 percent of the airlift sorties in other theaters.

This service included humanitarian, disaster relief and civil support. The Air National Guard support to Hurricane Katrina was unprecedented. Over 3,000 sorties flown, more than 11,000 passengers evacuated and in excess of 11,000 tons of cargo was moved in a 4-day period. One thousand four hundred forty-three lifesaving rescues were directly attributed to ANG personnel and General James' leadership.

General James will retire and reside in Mount Vernon, Virginia, on June 2, 2006, with his wife, Mrs. Dana Marie James, and their son, Daniel Steven James.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5037) to amend titles 38 and 18, United States Code, to prohibit certain demonstrations at cemeteries under the control of the National Cemetery Administration and at Arlington National Cemetery, and for other purposes.

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

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

Mr. Speaker, I rise today in support of well-considered legislation that will protect the sanctity of military funerals at national cemeteries and will protect the privacy of grieving families as they bury their precious loved ones who died in the service of our country.

The first to rise, however, were the principal individuals in an organization called the Patriot Guard Riders, members of which are in Washington today. The Patriot Riders have two goals: to show respect for fallen heroes, their families and their communities; and to protect the mourning family and friends from interruptions created by any protestor or group of protestors. We owe them our deep sense of thanks and gratitude.

Mr. Speaker, this bill was jointly referred to the Committee on Judiciary, who waived consideration of the bill, and I will insert my letter requesting the waiver and Chairman Sensenbrenner's letter in the Congressional Record at this point.

House of Representatives,

Committee on Veterans' Affairs,

Washington, DC, April 25, 2006.

Hon. F. James Sensenbrenner, Jr.

Chairman, Committee on Judiciary, House of Representatives,

Washington, DC.

Dear Chairman Sensenbrenner: In order to expedite

consideration of H.R. 5037, the ``Respect for America's

Fallen Heroes Act,'' the Committee on Veterans' Affairs

requests that the Committee on the Judiciary waive

consideration of the bill. As you know, H.R. 5037 was

referred to the Committee on the Judiciary in addition to the

Committee on Veterans' Affairs. The Committee on Veterans'

Affairs acknowledges the jurisdiction of the Committee on the

Judiciary over portions of this legislation, particularly

section 3, which provides for criminal penalties under title

18 of the United States Code.

The Committee on Veterans' Affairs would not construe a

waiver of consideration as a waiver of jurisdiction by the

Committee on Judiciary over the subject matter contained in

this or similar legislation, and the Committee on Veterans'

Affairs would fully support any request by you seeking an

appointment to any House-Senate conference on this

legislation. I will place a copy of your reply letter in the

Congressional Record during consideration of the bill on the

House floor.

I very much appreciate the cooperation by you and your

staff in this matter.

Sincerely,

Steve Buyer,

Chairman.

Mr. Speaker, I would like to inform the body that the Congressional Budget Office has determined that implementing H.R. 5037 would have no significant cost to the Federal Government, and it has no intergovernmental mandate as defined by Federal law.

Mr. Speaker, I yield 4 minutes to the gentleman from Michigan (Mr. Rogers), a former captain in the United States Army and former FBI agent, who has worked closely with this legislation.

Mr. Speaker, I yield 3 minutes to the gentleman from Ohio (Mr. Chabot), the chairman of the Subcommittee on the Constitution.

Mr. Chairman, I yield 1 minute to the gentleman from Minnesota (Mr. Kennedy).

Mr. Speaker, I yield 1 minute to the gentlewoman from Michigan (Mrs. Miller).

Mr. Speaker, I yield 1 minute to the gentleman from Maryland (Mr. Bartlett).

Mr. Speaker, I yield 1 minute to the gentleman from Georgia (Mr. Gingrey).

Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Minnesota (Mr. Gutknecht).

Mr. Speaker, will the gentleman yield?

Mr. Speaker, and my colleagues, I want to thank the gentleman from Texas. It is a pleasure to have worked with you. We are colleagues on the Veterans' Affairs Committee, and I appreciate your service over the years. But you and I haven't had a chance specifically to work on a bill. And I have enjoyed my associations with you. And the cause is right. The spirit of the country is right. They want us to set the standards of dignity, and you recognized that early on and championed this cause in a bipartisan fashion. And it says a lot about who you are. I think it is because you know who you are, and that makes this is a pretty easy process. For that I want to thank the gentleman.

Mr. Reyes, you probably share the very same sense I do when you see the Patriot Guard Riders. And you know, one thing I want to comment to you, that I am proud about them, not only for taking an individual initiative, but also for their restraint.

I do recall what it was like when I came back from the first gulf war, and we buried a friend, and we stood there in our military uniforms, so proud of our service. At the same time we were grieving, and we were also moved that one of the finest of our unit was killed, and it was so powerful to all of us. And it was also yet so private and personal to all of us, given what we had just gone through on behalf of a country.

And as I reflect upon that moment, I could not imagine someone from the outside, based on some other reason or rationale and their own image, would interrupt that moment in time for us. And I think a lot of these Patriot Guard Riders also share that very same feeling I have. And I just want to compliment their restraint; because I could tell you, it would be hard, it would be really hard, if I were in the family, if I were one of the family members and this was happening, I would want to go over there and take matters into my own hands. But you know what? People haven't done that. And I am really proud of some of the families and the Patriot Guard Riders themselves.

So we are not only setting the standards of decency. We are also setting the standards for criminal conduct so everybody is well behaved. But I just want to thank the gentleman.

I am glad and pleased that you and Mr. Rogers took this initiative. But at the same time it is a sad commentary that we actually have to come to the House floor and create a law in title XVIII to do this. We shouldn't have to be doing this. So when people say you are regulating speech again, well, nobody really wants to do that. We have such respect for the first amendment. But at the same time there is a significant government interest here and that deals with our decency that you spoke of in setting those standards.

And also the case law that you cited. The Supreme Court has been very clear to give us that ability to do just that, as Mr. Chabot had also testified to before our committee.

But it is unfortunate we have to be here to do that. But we cannot permit the repugnant acts of a few to define the character of America.

Mr. Speaker, when I rose in March to tell this body of the outrageous acts committed against one grieving family in Indiana, I said that the great virtue of the American character is our compassion. It is our compassion and human decency that represents the very best of our Nation.

I had a task to perform and that was very similar to many of my colleagues in this body, and that is, when we get the word that someone from our congressional districts has died in the service of our country. So it is an easy call to make, but it is a difficult conversation to have.

And I remember calling the mother of Sergeant Ricky Jones in Kokomo, Indiana, and when I spoke with her and said, Ma'am, is there anything that I can do for you or the family, she said, You can't believe what this has been like. And I said, Well, I have two children. You are right. I can't believe that. She said, No, no, you don't understand, and then began to convey to me that, When I had heard that Ricky had died, I began receiving family and friends to the home. They would also call on the telephone. The phone rang. I thought it was going to be either family or friend, and she picked up the phone and the voice on the other end said, I am glad your son is dead. He deserved to die, and hung up the phone. She was shocked and appalled. And she recovered from that.

About an hour later the phone rings again and it is another voice on the other end of the phone that said, I am glad your son is coming home in a body bag. I am glad he is dead, and hangs up the phone.

Later, someone had egged their family home twice. And then they put trash all over their yard in the middle of the night. And all this was done while the body of Sergeant Ricky Jones was being transported back to Indiana.

I was pleased that the Deputy Secretary of Veterans Affairs, Gordon Mansfield, and the Under Secretary for Memorial Affairs, Bill Turk, came to Indiana to stand with this family, with myself, and also the Governor of Indiana was also present. But for Gordon Mansfield to have made that trip was very meaningful because Gordon Mansfield is a highly decorated combat veteran from Vietnam who is a paraplegic. He is in a wheelchair from his combat wounds. And for him to also have been so disturbed by what happened, for him to travel to Indiana to be with that family says so much about Gordon Mansfield and the leadership that he gives at the Department of Veterans Affairs.

I was pleased. It was the first time I had ever seen the Patriot Guard Riders. Hundreds of them were there. And that is why, Mr. Reyes, that I spoke about their restraint, because when you see them, you are not sure what's about to happen here. These are some pretty tough guys.

And one thing that I recall from that experience that was very intriguing was that many of them were also Vietnam veterans. Not all of them were Vietnam veterans, and not all of them were even veterans. Some of them were not. They are patriots.

And Sergeant Ricky Jones is the son of an Air Force Vietnam veteran; so these Vietnam era veterans, they know exactly what it was like when they came home.

Mr. Speaker, I ask unanimous consent for an additional 5 minutes.

They know exactly what it was like when they came home, and they were not going to permit this to occur to their son or daughter; but they were going to set those standards. And so for that reason, and many others, I am so proud of the Patriot Guard Riders.

We have before us an opportunity to make a clear expression of that compassion and decency on behalf of those who are passing their darkest hours and on behalf of all Americans who would give them peace during that difficult journey.

Mr. Speaker, I would like to thank the chief sponsors of this bill, Mr. Rogers of Michigan, Silvestre Reyes of Texas, and Jeff Miller of Florida. Together they have done their due diligence to ensure that the legislation will withstand any judicial scrutiny.

I would like to thank Kingston Smith and Mary Ellen McCarthy, counsel of the Veterans' Affairs Committee; Paige McManus of the Veterans' Affairs Committee for their work on the bill; as well as Andy Kaiser of Congressman Rogers' staff.

I would also like to thank, of the Judiciary Committee staff: Paul Taylor, Hillary Funk and Mike Volkov.

Mr. Speaker, I urge my colleagues to unanimously support H.R. 5037.

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

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

Mr. Speaker, I ask that all Members may have 5 legislative days in which to revise and extend their remarks and to include extraneous material on H.R. 5037.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3829) to designate the Department of Veterans Affairs Medical Center in Muskogee, Oklahoma, as the Jack C. Montgomery Department of Veterans Affairs Medical Center.

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

(Mr. BUYER asked and was given permission to revise and extend his Remarks.)

Mr. Speaker, Jack C. Montgomery, a Cherokee from Oklahoma, was one of five Native Americans who were awarded the highest military honor in the 20th century, the Medal of Honor, and a first lieutenant with the 45th Infantry Division, the Thunderbirds.

On February 22, 1944, near Padiglione, Italy, Montgomery's rifle platoon was under fire by three echelons of enemy forces when he single-handedly attacked all three positions, taking prisoners in the process. As a result of his valor, Lieutenant Montgomery's actions demoralized the enemy and inspired his men to defeat the enemy forces.

In addition to being awarded the Medal of Honor, Lieutenant Montgomery was also awarded the Silver Star, the Bronze Star Medal and the Purple Heart with an Oak Leaf Cluster. On his release from the Army after World War II, Mr. Montgomery began a career with the Veterans Administration in Muskogee, Oklahoma, where he remained in service for most of his life.

It is appropriate that we name the VA Medical Center in Muskogee for this American hero who not only served his country in wartime, but also continued his service to this Nation through his work in the Veterans Administration.

Mr. Montgomery is survived by his wife, Joyce; and it is our hope to have this legislation passed by the Senate and signed by the President in a timely manner. This legislation is cosponsored and supported by the entire Oklahoma delegation and also has the support of the State's major veterans service organizations.

Mr. Speaker, I particularly would like to thank my colleague, Mr. Boren, who represents the Second Congressional District of Oklahoma, for introducing this most appropriate legislation.

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

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

Mr. Speaker, I would like to thank the gentleman from Maine (Mr. Michaud). He serves as ranking member of the Subcommittee on Health for the House Veterans Affairs Committee. His heart is right, and he does his homework.

You have got the right demeanor. I appreciate your leadership.

Mr. Speaker, I urge all Members to give favorable consideration to H.R. 3829, a bill to honor a true American hero.

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

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

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 matter on H.R. 3829.

Mr. Chairman, this budget with regard to the funding of VA is derived from what I call the crucible of hard lessons. I chose to leave the Veterans' Affairs Committee to examine the budget modeling issues for the VA.

A budget shortfall was exposed last summer. VA Secretary Nicholson and OMB, to their credit, stepped up to the

plate, taking accountability for a flawed budgetary process. Their improved use of timely data, methodology, and balanced policy expectations are reflected in the President's budget request for the

Mr. Speaker, I would like to thank both of my colleagues for the remarks that they have made, and share with them I wish they had an opportunity to meet this man, a remarkable human being, who was very humble, like many of his generation.

Mac Lawrence, if you were to ask Mac what was it like when you hit the beach at Omaha, and the only thing to protect you was the Red Cross on your sleeve, because he had no weapon and his only concern was to take care of his comrades, and there were many to take care of on that day.

When I asked Mac, Tell me, what was it like? I asked him that question because I was asked to give the radio address to the Nation on the 50th anniversary of Normandy, so I wanted to talk to some soldiers that actually had been on the beach that day and fought at Normandy. As he described that day to me, he wept. He said, Steve, I am one of the lucky ones. Many of the survivors of that battle, that is how they considered themselves, very lucky and very fortunate.

Mac came from humble beginnings in rural Indiana. He was morally centered. He was steeped in values, and received a pretty strong heritage from those who had come before him.

Some say that the measure of a man is the depth of the footprint that he leaves behind. I would say that Mac Lawrence left a deep footprint in the community of Francesville, not only as a war hero, but also as a community leader and as a teacher.

When you think of someone who just came out of the experience of freeing Europe from tyranny, he returns home, and what does he do, he wants to give back to his community and to serve his community in other manners. That is exactly what he did.

So yes, he was admired by his students; but he was also a very strict disciplinarian. One thing that his students remember is that principles mattered to this man. When I think about Mac, this is an individual of ordinary beginnings who, like many of his generation, were called upon to do extraordinary acts. They make the extraordinary very common.

This is a remarkable individual. I want to thank my colleague, Mr. Chocola. Francesville is in Mr. Chocola's congressional district, and I want to thank him for joining me in this legislation. I appreciate Senator Lugar also taking up this cause in the United States Senate.

Here in the House, we do this often, to name a post office on behalf of someone who makes a difference and can be exemplary as a leader, so when some young lady or young man or boy visit the post office might say, who was Mac Lawrence, and we have an opportunity to then describe who Mac Lawrence is and to set the principles for them on how to lead their life. That is what Mac did for those who knew him in Francesville, Indiana. I thank both gentlemen for bringing this bill to the floor and ask Members to support it.

Special thanks to the chairman, Tom Davis, and the ranking member, Henry Waxman, for reporting this legislation from the Government Reform Committee by unanimous consent on the first of February. Congressman Chocola and I introduced H.R. 4346 in November of last year to honor Malcolm Lawrence with the naming of a post office in Francesville, IN. Today we consider S. 2064, companion legislation to our bill, which was introduced in the Senate by Senator Richard Lugar.

Like many Post Office naming bills, we have the opportunity to honor a local hero by placing his name on an important community meeting place. Mac left an impression on not only his own community but on a country.

Some say the measure of a man is the depth of the footprint he leaves behind. Malcolm Melville Lawrence, known as ``Mac,'' left a deep footprint on the community of Francesville as a war hero, community leader, and a teacher.

Born on a farm in Wheatfield, IN, Mac attended Purdue University on scholarship where he pursued a degree in Vocational Agriculture, Education, and Science. Despite being denied acceptance into the ROTC program at Purdue, Mac was drafted 5 months after graduating from college and immediately called to Fort Benjamin Harrison in Indianapolis to serve his country.

It may be insufficient to say Mac simply did his duty. He landed on the beaches of Normandy on June 6, 1944, with so many other young men from the greatest generation, with nothing to protect him but the red cross on his sleeve. He worked tirelessly to save the lives of his comrades at great risk to his own life. Mac served as a medic alongside the 1st Battalion, 18th Regiment of the 1st Infantry Division and was awarded the Silver Star for valor, two Purple Hearts, and two Bronze Stars during five campaigns in World War II.

After the war, Mac and his wife Phyllis moved to Francesville, IN, where he began teaching at Francesville High School in 1946. Mac was beloved by his students for his patience, remembered for his discipline and dedication to his craft, teaching everything from vocational agriculture to industrial arts. He finished as an administrator after more than 30 years in education.

Mac was the kind of person every community needs. Whether it was his service to his country or community, Mac asked nothing in return. He served on the library board, was active in Future Farmers of America, and participated in 4-H for 25 years. He was an exemplary citizen of the Francesville community and deserves this honor bestowed to him. Though he left this world on July 8, 2004, his legacy lives on.

I welcome the opportunity to further honor Mac Lawrence with the naming of the Francesville Post Office, the Malcolm Melville ``Mac'' Lawrence Post Office. Leading by quiet example while he was living, Mac deserves resounding recognition after death. I strongly urge the adoption of this legislation.

Mr. Speaker, I applaud the March 6 Supreme Court Decision in favor of the Solomon Amendment. This decision brings resolution to a period of time in which students seeking military careers have been denied equal access to their career of choice due to the political climates and cultures of the institutions in which they receive their education.

My commendation goes to the United States Supreme Court's prudent action in siding with Congress to uphold this vital legislation. Even in this time of great sacrifice when our men and women in uniform are engaged in defeating the forces of tyranny and terror, some have neither masked nor disguised their loathing of the American military. A blatant disregard and violation of the basic principles of free speech and right to association has been demonstrated by these institutions. I feel it pertinent to add that Congress never asked for anything other than equal access for military recruiters. We simply ask the same access as that given to any other employer.

It has been argued that the less fortunate carry the burden of military service.

This decision of the Supreme Court in fact levels the playing field. It guarantees students at higher educational institutions have equal access to military service for our great nation. This decision could not have come at a more important time. Today's cultural tone places so much emphasis on receiving benefits rather than on service to our country. A lack of military recruiters on campus would only continue to erode the consciousness of the people about the pride of military service and our obligation in defense of America. I would be remiss not to mention that such access to military recruiters is a cornerstone of our successful all-volunteer force.

Colleagues, our Constitutional obligation was clearly laid out. Article I, Section 8 of the Constitution states, ``that Congress shall have the power to . . . raise and support Armies, . . . to provide and maintain a Navy, . . . and to provide for organizing, arming and disciplining the Militia.'' I once again commend the Supreme Court in helping us uphold the Constitution of the United States of America.

Mr. Speaker, I come to the House to address a national virtue, to address the proper tone and tenor of a Nation. It is outrageous, appalling and indecent for an American citizen to commit crimes and perversions against a family grieving at the loss of their son.

Army Sergeant Rickey Jones, along with three of his comrades, was killed in Baghdad. With his body in transport to Kokomo, Indiana, someone has egged his family's home and left harassing phone calls that said, ``I'm glad your son is dead.''

My colleagues, a great virtue of the American character is our compassion. It is how we care for each other in good times and in difficult times.

It is our compassion and human decency that represent the very best of our Nation. So to condemn these despicable acts, I ask all of you to rise and join me in a moment of silence to extend to all families who have sacrificed in the name of freedom.

Thank you and Godspeed.

Announcement By the Speaker Pro Tempore