Floor Statements

Mr. Speaker, I rise today to speak to H.R. 2 and the State Children's Health Insurance Program in general. Like many of my colleagues, I have been supportive of the underlying legislation. However, the way in which the underlying legislation has

been brought forward under a closed rule is unforgiveable. This is simply just one more example of the majority taking away the right of the minority to offer any type of substantive amendment or change to the legislation.

Let's review what has occurred this year with the Rules process. First, the majority has seen fit to remove the minority's ability to offer a motion to recommit a bill promptly, taking away a right that even Speaker Joe Cannon sought to guarantee to the minority. Additionally, as the first order of business, the majority decided to include two closed rules for H.R. 11--Lilly Ledbetter Fair Pay Act, and H.R. 12--Paycheck Fairness Act. Now, as their third order of business, the House Rules Committee and the Democratic Majority has decided to once again close off debate and reject the minority's request to be able to offer even one amendment.

Mr. Speaker, the fact is that this legislation was debated in the last Congress and the majority knows the minority has substantive and strong concerns regarding the way in which the underlying legislation will be implemented. This is a process that should be bipartisan. It is a program that has received bipartisan support in the past. It is a program that should be able to be genuinely debated. Why, in this time of dramatic political change, where the American people have demanded bipartisanship, is the majority closing off any and all debate?

Mr. Speaker, the underlying legislation represents an expansion of the SCHIP program that undermines its original purpose. By expanding the level of coverage to 300 percent of the Federal Poverty Level, FPL, this legislation goes far beyond the objective of covering low income families and now will cover some families who can even be subject to the Alternative minimum tax. This will eventually cause middle class families to be competing with the poor for coverage for their children, functionally turning it into another middle class entitlement program.

Furthermore, while this bill expands coverage for children, it does much more. It now begins to cover childless adults, it contains provisions to expand coverage to low-income parents, and creates an Express Lane Enrollment Option for states. The Express Lane Enrollment Option is, perhaps, one of the most egregious provisions in the bill. It will functionally allow states to insure children who come from families making 330 percent of the Federal poverty level.

Also, let's take a look at how the majority derives the money to pay for this radical expansion of health insurance. First, they increase the tobacco tax. However, the majority ignores the fact that increasing this tax almost always lowers the level of smoking, thus causing a delta between estimated and actual revenues to be derived from this tax increase. Additionally, the majority has seen fit to cut SCHIP funding in the final budget year, using this as a workaround so that it complies with the PAYGO budget requirements.

Mr. Speaker, while the original SCHIP has been supported on a bipartisan basis, this legislation is neither bipartisan, nor fair. It certainly cannot be seen to be in accord with our new President-Elect's position that we should work in a bipartisan manner.

Mr. Speaker, with this in mind, I would encourage all members to vote against the rule, and the underlying legislation. There is no way that this Rule can be considered anything but an exercise in raw, crass one- sided partisanship. Vote against the return of an imperial Congress, and vote against this rule.

I thank the gentleman for yielding.

Madam Speaker, everybody in this Chamber knows the right political vote on this package. The easy thing to do is vote ``no'' and hope the bill passes. Every Member knows there is no political upside to supporting this legislation.

It's also easy to say that something must be done--but something else. Well, we all have our own preferred

plans, Madam Speaker. The only problem is none of them get 218 votes.

I know my colleagues on both sides of the aisle are struggling to do the right thing. Lyndon Johnson used to say, ``Doing the right thing isn't hard; knowing the right thing to do is.'' This is certainly one of those occasions, Madam Speaker. But I am convinced unless we act, the stock market will take a nose dive, economic activity will freeze, credit markets will dry up, people will lose their jobs.

The real question is: Are we willing to gamble the jobs, the life savings, the retirement accounts, the homes and the businesses of the people we represent? Are we willing to risk the global, political, and social turmoil that will come if we have a prolonged recession or depression in the United States? Frankly, Madam Speaker, I am not.

Madam Speaker, everyone in this room knows the right ``political'' vote on this package. The easy thing to do is to vote no and hope the bill passes. Every member knows there is no political upside in supporting this bill.

It is also easy to say, ``something must be done--but not this.'' We all have our own schemes. Certainly I have my own five-point ``Tom Cole plan.'' I would suspend mark-to-market accounting rules, purchase preferred stock in institutions to protect the taxpayer, institute a private insurance program, limit executive compensation in companies that get Federal help, and raise the FDIC insured bank deposits from $100,000 to $250,000. There is only one problem with my plan, Madam Speaker, it cannot get 218 votes in this Chamber.

Madam Speaker, I know that my colleagues on both sides of this issue want to do ``the right thing.'' However, as Lyndon Johnson used to say, ``doing the right thing isn't hard, knowing the right thing to do is.'' I have struggled over whether passing this bill is the right thing to do. I do know that if it fails the stock market will take a nose dive, credit will freeze up and economic activity will grind to a halt. Some believe in time the markets will stabilize and correct themselves. I hope they are right.

The real question is are we willing to gamble the jobs, life savings, retirement accounts, the homes and the businesses of the people we represent? And are we willing to risk the global political and social turmoil that will surely occur if there is a severe and prolonged recession or depression in the United States? Frankly, Madam Speaker, I am not.

Madam Speaker, I am from Oklahoma, a state that has had more than its share of economic hardship over the years. My grandparents and parents lived through the Great Depression. They dealt with the hard times at home and the wars abroad that it spawned. My family and I lived through the 1980s when a banking and real estate collapse devastated Oklahoma's economy. I saw my State's per capita income fall from 98 percent to 79 percent of the national average. I saw hundreds of banks close, thousands of businesses fail, and countless families lose their life's savings. I do not intend to let that happen again for the sake of political popularity, ideological purity, or legislative perfection.

Madam Speaker, passing this bill is no substitute for long to structural reforms, appropriate legislative oversight, and the establishment of suitable levels of accountability and transparency in our financial markets. Those are issues we must confront in the next Congress. However, inaction in the face of the current turmoil in the markets is not an acceptable option. In fact, it is a huge gamble.

Madam Speaker, I know I will be haunted by this vote for the rest of my political life. I know I will have to explain it again and again to my friends. And I will be forced to defend it in every election against my opponents. And I know, having made this vote, I will have to make other tough votes to reform our economic and political systems. However that is far better than the lost jobs, the foreclosed homes, the depleted savings, the broken businesses, the devastated lives, and the dangerous world that I believe will be the consequences of a failure to act.

Madam Speaker, I will vote for this bill not because I wish to, but because I have to for the good of the people I represent. I trust that each of my colleagues will cast their vote in the same spirit, and I truly believe they will. There are no good choices here--but positive action is the right choice.

Madam Speaker, I come here in support of H.R. 5335, which would amend the National Trails System Act to provide for the inclusion of new trail segments, land components, and campgrounds associated with the Trail of Tears National Historic Trail. First, I would like to thank my colleague from Tennessee, Congressman Wamp, for sponsoring this important legislation. As an Oklahoman, this legislation is significant to my district, where many of my constituents are descendants of those who survived the Trail of Tears. However, as the only Native American currently serving in Congress this bill is also personally important to me, as my ancestors were forcibly relocated from Mississippi to Oklahoma through the Trail of Tears, though not one of the routes originally documented in the original Historic Trail. Of the dozens of tribes that call Oklahoma home today, very few are originally from the area. Virtually all of the tribes in Oklahoma experienced the tragedy of the forced relocation process.

Mr. Chairman, when the Trail of Tears Historic Trail was created by Congress in 1987, it designated two main routes taken by the Cherokee during the removal process. Historically, many routes used during removal were not well documented at the time and were not included in the designation. Since that time, researchers have identified other routes taken by Native Americans during the relocation process. A feasibility study, ordered by Congress and released in September 2007, did find additional trail segments. This bill, pursuant to the feasibility study, adds additional land components, round up routes and water routes to the Trail of Tears Historic Trail. I am happy to be an original co-sponsor of this legislation.

Not only will these additional designations help to raise awareness about this tragic chapter of our Nation's history, but will provide many across Indian country with better access to their past and collective history. The Trail of Tears crystallized the idea of race as a determining factor in American public policy and documents the first federally legislated forced removal of Native people from traditional homelands. The physical route of the Trail of Tears National Historic Trail and historic sites associated with the Trail and removal reflect the lifestyles of Native people at the time of removal, the harshness of the journey West and their remarkable adaptation to new surroundings. Thousands of Native Americans in Oklahoma and elsewhere will be able to visit these sites and identify with their ancestors' desperate journey westward.

Madam Speaker, though this bill calls awareness to one of the most tragic events in our Nation's history, it also is ultimately a story of survival. The tribes that were relocated have once again established themselves and remain strong. This achievement only helps exemplify the astonishing fortitude of American Indians.

Again, I thank Congressman Wamp for introducing this crucial legislation. As the only Native American currently serving in Congress, I am proud to support the intention of this bill and I urge Members to vote for its passage.

Madam Speaker, pursuant to the Republican Leadership standards on earmarks, I am submitting the following information for publication in the Congressional Record regarding earmarks I received as part of H.R. 2638, The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009:

Requesting Member: Congressman Tom Cole.

Bill Number: H.R. 2638.

Account: RDT&E.

Legal Name of Requesting Entity: ``Amethyst Research Inc.''.

Address of Requesting Entity: 2610 Sam Noble Parkway, Ardmore, OK 73401.

Description of Request: An earmark of $2,500,000 for advanced infrared systems development. Specifically, $1,748,250 is for research, development, testing and evaluation; $614,250 is for research equipment lease, and $137,500 is for building lease. This project has the support of key officials within the Department of Defense and within the U.S. suppliers of key defense-related technologies to the U.S. Government. This request is consistent with the intended and authorized purpose of the ONR, RDTE, N account. While not required to do so, the State of Oklahoma and the host community City of Ardmore have committed non- federal dollars toward this national priority. The return on investment to DoD for enhanced research funding is significant. ARI's research is projected to reduce by a factor of five the DoD cost for high performance IRFPAs. ARI's defect characterization technology alone is estimated to result in $5,000,000 of DoD savings over five years and $100,000,000 over 10 years. Infrared Materials Laboratories are overcoming the technical/financial barriers preventing use of less expensive silicon substrates for high performance IRFPAs. All major U.S. infrared houses

are cooperating with key aspects of this program. Results will be shared defense-wide. This research will: (1) dramatically lower the cost of high-performance IR, (2) create a stable, domestic supply of wafers for IRFPA array fabrication at all major U.S. infrared houses, and (3) put superior technologies into the hands of the U.S. warfighter more quickly.

Requesting Member: Congressman Tom Cole.

Bill Number: H.R. 2638.

Account: RDT&E, DW.

Legal Name of Requesting Entity: Oklahoma State University, University Multispectral Laboratories.

Address of Requesting Entity: 500 West South Ave., Ponca City, OK 74601.

Description of Request: Earmark is for the University Multi-spectral Laboratory UML/National Unmanned Aerial Vehicle/Systems (UAS) Test Center Facility to be located adjacent to Fort Sill, Oklahoma.

Funds will be executed as indicated below:

1. Runways/Taxiways (70 x 1,000 feet): $400,000.

2. New Hangar and Work Shops: $100,000.

3. Building Improvements: $100,000.

4. Water/electric: $50,000.

5. Tracking Equipment: $150,000.

6. Communications Equipment: $100,000.

7. Site Surveillance and Security: $100,000.

8. JFTE and RF Test Equipment: $100,000.

9. Employee Hires (Year 1): $1,300,000.

Requesting Member: Congressman Tom Cole.

Bill Number: H.R. 2638.

Account: Other Procurement, Army.

Legal Name of Requesting Entity: Stanley Associates.

Address of Requesting Entity: 111 SW ``C'' Ave., Lawton, OK 73501.

Description of Request: Earmark is for Call For Fire Trainer II/Joint Fires and Effects Trainer System. In 2007, the United States Joint Forces command rated JFETS the best simulator for training of Joint Terminal Attack Controllers (JTACs) among all of the armed services. JFETS is a leading edge, immersive, virtual reality training simulation at Ft. Sill, Oklahoma. It trains joint observers prior to deployments worldwide with particular emphasis on Afghanistan, and Iraq. The Army and Marine Corps are the most frequent users of JFETS. Joint special operations units and Air Force JTACs are determining how to integrate JFETS into their training. This immersive simulation has unsurpassed realism by incorporating photorealistic graphics, advanced audio capabilities, and multiple stimuli for the joint observer. Perhaps JFETS' greatest asset is its ability to train students to make sound decisions in a multitasked, combat-like environment. The joint observer must be able to prioritize and action numerous battlefield requirements simultaneously. The simulation is scalable in that the environment can be somewhat forgiving or it can saturate the student. Rather than the traditional, sterile observation post in which indirect fires are adjusted onto a fixed target, JFETS dynamically presents a complex situation which requires engagement of multiple moving targets and immediate tactical decision making. Joint observers with combat experience in Afghanistan and Iraq have unequivocally commended JFETS' realism and versatility. The project is scalable and accordingly funds will be expended in the following manner:

1. Salaries & Wages: $1,715,788.

2. Materials & Supplies: $552,010.

3. Travel: $24,163.

4. Subcontracts: $1,993,753.

5. Fees: $214,286.

Requesting Member: Congressman Tom Cole.

Bill Number: H.R. 2638.

Account: Operations & Maintenance, Air Force.

Legal Name of Requesting Entity: Veracity Technology Solutions.

Address of Requesting Entity: 2701 Liberty Parkway, Suite 311, Midwest City, OK 73110.

Description of Request: Earmark is for Advanced Ultrasonic Inspection of Aging Aircraft Structures. This project will enable the Air Force to deploy advanced ultrasonic inspection techniques that may dramatically reduce (by a factor of ten) the time required to inspect aircraft for defects. In order to continue operational readiness, the Air Force has identified numerous critical depot level NDI inspections that must be conducted and monitored for continued operation. These inspections can involve the detection of material losses as small as 0.030 inches in multi-layer, tapered, metallic structures. Presently, this is a labor intensive process requiring some disassembly and visual inspection of each metallic surface. The inspection process not only removes the aircraft from service for an extended period of time which negatively impacts readiness, but also adds significantly to Air Force maintenance costs. In addition, the deployment of this ultrasonic inspection technology will provide significantly improved identification and characterization of defects. This can be accomplished with little risk, as the technology is adapted from ultrasonic array technologies and medical grade imaging techniques that have been successfully implemented in the medical industry for many years. Funds will be expended in the following manner:

(1) $500,000 to deploy an integrated wing inspection system whose feasibility has been demonstrated through successful Small Business Innovation Research (SBIR) Phase I and II projects and;

(2) $750,000 to support additional proof of concept projects working in tandem with the KC-135 program office. Specifically, this funding will be used for the technical personnel, facilities, and equipment required to develop and deploy this technology.

Requesting Member: Congressman Tom Cole.

Bill Number: H.R. 2638.

Account: RDT&E, Army.

Legal Name of Requesting Entity: Institute for Creative Technologies.

Address of Requesting Entity: 13274 Fiji Way, Marina Del Ray, CA 90292.

Description of Request: Earmark is for the Joint Fires & Effects Trainer System. JFETS at Fort Sill, Oklahoma, a collaborative effort between the University of Southern California Institute for Creative Technologies and the United States Army Field Artillery School, has grown to three fully functional prototype training installations since its inception in 2003. Short of combat, JFETS creates a realistic, stressful, and demanding experience for soldiers undergoing training in the synchronization of fires and effects. To date more than 5,000 soldiers have been trained in the JFETS Urban Terrain Module, the Open Terrain Module, and the Close Air Support Module.

In FY07, the Joint Close Air Support Executive Steering Committee recommended that JFETS be certified to replace CAS Type 1 and Type 2 used for maintaining Joint Terminal Attack Control currency. JFETS is scheduled to transition from a university research prototype to a deployed training system with both government and commercial support at the end of GFY08 as a Program of Record within the United States Army.

Funds will be expended as follows:

1. $1.5 MM for ICT research on IOTA and Terrain pipeline.

2. $0.5 MM for subcontractor.

Requesting Member: Congressman Tom Cole.

Bill Number: H.R. 2638.

Account: RDT&E, Army.

Legal Name of Requesting Entity: Core Dynamics.

Address of Requesting Entity: 2275 Research Blvd., Rockville, MD 20850.

Description of Request: Earmark is for Freeze Dried Blood Technology Clinical Research. Initial R&D has proved that red blood cells can be successfully frozen, effectively producing freeze dried blood. Initial Research indicates that they can be reconstituted with sterile water and successfully transfused. Clinical research is now required to determine if this process can be replicated in large amounts and if the resultant, reconstituted blood retains viability once introduced into the bloodstream. Research indicated to investigate methods to freeze dry blood is outlined in the 2008 RDT&E Budget for applied research PE 0602787A--Medical Technology.

All funds will be used to complete the small-scale development and initiate the Small Volume In Vivo Survival testing beginning the process for FDA Submission of the freeze dried RBC product.

I thank my good friend from West Virginia for yielding so graciously.

Mr. Speaker, it is with great pleasure that I rise today in support of H.R. 4544, the Code Talkers Recognition Act, which would award the Congressional Gold Medal to Native American Code Talkers who assisted the allied powers in World War I and World War II to deceive and confuse our enemies in both conflicts. It's a particular personal pleasure to me, Mr. Speaker, because not only am I a Native American, Chickasaw, but my ancestry is both Choctaw and Chickasaw. My great grandfather had both tribes in his veins. And it's a wonderful treat for me to be able to participate in this.

I would also first like to thank my dear friend and colleague, Mr. Boren, who introduced this legislation and without whose hard work this bill would simply not be here today. He has worked hard and tirelessly to honor a group of Americans that deserve recognition. And I appreciate it so much, my dear friend.

To date only the famous Navaho Wind Talkers have received this prestigious award, and it's only right and proper, Mr. Speaker, that Congress finally recognize all of the Code Talkers that dedicated their service to the United States of America. As an Oklahoman and as the only Native American currently serving in Congress, I am very happy to be here before you today to participate in awarding this honor to these fine individuals and their tribes.

Native Americans have a long, complex and honorable relationship with the United States military. Native Americans have fought against and with the United States military throughout the entire history of our country. And despite the often egregious policies of our government towards Indian country, thousands of Native Americans from dozens of tribes have helped protect our homeland. Indeed the first allies of the United States in the Revolution were the Oneida tribe. There was the Seneca present with Grant when he accepted the surrender of Robert E. Lee. As a matter of fact Robert E. Lee called him the only real American present at the ceremony. And of course in the Plains wars in the West, Indians fought on both sides of the conflict. Indeed our first President, General Washington, once commented the only way to defeat Native Americans was to be allied with Native Americans against other Native Americans because they were formidable and elusive foes.

Over the course of American history, Native Americans have demonstrated outstanding valor on the battlefield. And they have consistently received awards and commendations for their outstanding service. Historically Native Americans have the highest record of service per capita of any ethnic group or demographic group in our country. There are currently over 190,000 Native American veterans.

Mr. Speaker, this legislation awards the congressional medal to 13 individual tribes whose members assisted in this effort of defending our country. By using Native languages that were unidentifiable to the enemy forces in Europe and in the Pacific, the Code Talkers contributed to the victory of allied powers in both the First and the Second World Wars. Without their efforts it is clear that we would have lost countless additional lives and wars would have dragged on longer than necessary. Though most Native Americans did not even have United States citizenship in the First World War, there were a few. My tribe actually did. And we were pretty good negotiators. And most Oklahoma tribes got theirs a little bit ahead. But most tribes and most members who served in our Armed Forces were not citizens. They volunteered their service to defend their country despite that lack of citizenship.

It is estimated that more than 12,000 American Indians and about 600 Oklahoma tribal members served the United States military in the First World War. Despite the fact that most in the United States considered their heritage and their language to be obsolete in the first decade of the 20th century, these individuals volunteered for their country and helped turn the tide in one of the bloodiest wars in human history.

In 1917 a group of eight Choctaw serving in the Army's 36th Infantry Division trained to use their language in code. They helped the American Expeditionary Force win several key battles

in the final big push of the war. Other tribes continued to be recruited into the service of our country in later conflicts. Almost immediately after the Japanese attacked Pearl Harbor and the United States entered the Second World War, the Army recruited members of the Comanche Nation, located in my district, to assist the Allied Forces. Throughout the war other tribes were also recruited to carry out these efforts. And throughout that conflict, the Axis powers could neither decipher the codes based on Native language nor significantly undermine efforts to communicate in that language. The use of these languages significantly improved the tactical efforts of the Allied powers. These efforts were certainly remarkable, Mr. Speaker, and the contribution of these men clearly deserves to be recognized by Congress.

Mr. Speaker, Native American Code Talkers of the First and Second World War are true American heroes without whose efforts our troops would have certainly suffered greater casualties and would have certainly experienced slower progress in their efforts to end these conflicts. For too long our country has failed to recognize the efforts made by these great Native American citizens. It is time that we acknowledge and honor the contributions and service of these Native Americans who dedicated their service to our country by awarding them the Congressional Gold Medal.

I urge Members to honor these courageous men and their tribes and vote ``yes'' on H.R. 4544.

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

Let me begin on a personal note. I just want to say what a great pleasure it is for me, Mr. Speaker, to manage this bill and the series of bills with my good friend from Guam whom I sit on the House Armed Services Committee with and the Natural Resources Committee with and whom I've been to Iraq three times with. I know of nobody that cares more about our military and men and women in uniform than my good friend from Guam, so it's wonderful to be with her in this particular venue today.

Mr. Speaker, I rise today in support of House Resolution 1200, a resolution authored by Congresswoman Betty Sutton of Ohio. This resolution commends a large group of selfless and dedicated people, many of whom are volunteers, in organizations that provide support to the families and children of the deployed members of the Armed Forces, as well as to servicemembers themselves.

Our military families face extraordinary demands and stresses, Mr. Speaker, and challenges related to the service of their loved ones. To ease these burdens, military support groups provide a variety of crucial services ranging from financial and employment assistance to counseling and community support.

These military support groups take on various forms, whether they be Federal, State and local government efforts, or whether they are the many nonprofit, charitable and private efforts that have continuously and unselfishly supported the members of our Armed Forces and their families ever since September 11, 2001.

Among the approximately 1.8 million family members of the 1.3 million active duty personnel, the needs are many and supporting those needs is a matter of military readiness.

The support challenge is made more complex because virtually all the families of the National Guard troops and reservists reside in civilian communities spread across this Nation. Yet numerous agencies, Mr. Speaker, and groups have taken on the challenge to provide help and support, particularly during extended periods of mobilization and deployment.

Our military forces could not have sustained the stress of repeated deployments and combat without the outstanding assistance, dedication and outstanding work over the years of these military support groups.

Let me add on a personal note, if I may, Mr. Speaker, my grandfather and father were both career military personnel. And like many people in this Chamber, I have many members of my family, uncles, cousins, my own brother, who served at various points in the military. All of them would tell you that they have received valuable support for both themselves and their families repeatedly from private and charitable groups that are designed to support the men and women that wear the uniform of the United States. Our citizens do that, not simply because it's the expedient thing to do, but because it's the right thing to do, and it's an expression of the appreciation of the American people for the men and women who sacrifice to defend them that these sorts of contributions take place. Today's resolution is a fitting way to celebrate and thank such organizations.

I urge my colleagues to support House Resolution 1200.

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

Mr. Speaker, I would like to yield such time as he might care to consume to my good friend from Georgia (Mr. Price).

Mr. Speaker, I will try to be brief.

I want to, again, commend my good friend from Guam and say in the opportunities we've had to travel abroad I notice how fervently she seeks out servicemen and women from her country and with what great warmth and gratitude she's always received. And it's a reminder of what an exceptional place she represents and what exceptional people have chosen her from amongst themselves to defend them here.

I want to also express my personal appreciation for the types of groups, again, that were singled out in this resolution by our good friend, Ms. Sutton. Frankly, we all could sit here and name many, many groups in our respective districts that put American men and women in uniform ahead of everything else. I want to mention just one, if I might, Mr. Speaker.

In my home State of Lawton, Oklahoma, is where Fort Sill is located. It's the home base of the field artillery. And Fort Sill has a very unique organization called literally the Armed Services YMCA of Lawton/ Fort Sill. It, for decades, has performed support services for family. Every year there is a huge breakfast and, frankly, a community drive to solicit private dollars to support its efforts to help men and women in uniform and service families.

And I've heard repeatedly, as I go down to these, instances where families would show up from deployment desperately needing things; you know, perhaps young families not able to furnish the apartments they were in, needing support. That support's always given generously by fellow soldiers, but more importantly, even by the men and women of Lawton, Oklahoma.

Again, I commend my colleagues for bringing this resolution. I urge its support.

I yield back the balance of my time.

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

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

Mr. Speaker, I rise today to commend a great Oklahoman and American patriot, whose unceasing support for the men and women in our armed services has been a hallmark of his career. Country music star Toby Keith was born and raised in my hometown of Moore, Oklahoma, and is now a resident just south of us in Norman, Oklahoma, and has made it his mission as an entertainer to keep our troops entertained and to boost their morale as they serve this Nation in some of the most dangerous, remote places on the planet.

This resolution outlines Mr. Keith's commitment to our troops and encourages other entertainers to take into consideration Toby Keith's deep commitment to boosting the morale of our Nation's soldiers when supporting USO operations.

As many of you know, Mr. Speaker, Toby Keith is one of the most successful country music stars of the last two decades. His songs not only appeal to a wide variety of listeners but are also critically acclaimed.

On a personal note, I'll tell my friend on the other side of the aisle, he's actually a very good Democrat. But like all of us, I think he's an American and I'm proud to say an Oklahoman, far ahead of being affiliated with any political party.

Despite his fantastic success as a performer, I'm here to highlight the work Mr. Keith has done for the United Service Organizations. Since the founding of USO in 1941, thousands of celebrities have taken time out of their lives to visit service men and women who sacrifice their lives for the cause of freedom. These shows not only help to boost morale among our troops but also help to connect our Armed Forces to America when they are far from home, Mr. Speaker.

Since before the United States entered the Second World War, the USO has been the bridge between the American public and the U.S. military. These performances also remind the troops that we are all eternally grateful for the work they do.

Today, the USO delivers its programs and services at more than 130 locations around the world. More recently, the USO opened centers in Kuwait, Qatar and Afghanistan to support service members participating in Operations Enduring and Iraqi Freedom. The organization relies on over 25,000 volunteers, and servicemembers and their families visit USO centers 5.3 million times a year, Mr. Speaker.

Country music personalities have always been an essential element of the USO's entertainment. In the early years, performers like Gene Autry, another notable Oklahoman--actually Gene Autry, Oklahoma, is in my district as well, Mr. Speaker--Patsy Cline, and many other acts from the Grand Ole Opry have traveled around the world to entertain our troops. Today, performers like Neal McCoy and Lee Ann Womack have all gone to Iraq to entertain our troops. However, few celebrities have visited our troops fighting the war on terror in Iraq and Afghanistan with as much fervor and frequency as Toby Keith.

Mr. Speaker, Toby Keith has made six USO tours, including entertaining over 135,000 U.S. service personnel in Iraq, Afghanistan, Cuba, Germany, Belgium, Kosovo, Italy, and Africa. In fact, he has volunteered to perform at some of the most dangerous and remote locations in the Persian Gulf, including forward operating bases with populations of as few as 50 servicemembers that require Apache escort helicopters to reach. In many of these cases, these places and the garrisons literally haven't had entertainment in many, many months.

The USO also noted in our discussions with them, Mr. Speaker, that Toby's brought back valuable insight from forward deployed troops, including things they would request from the USO and the American public. As a result, the USO has developed a program called USO Delivered, which includes transportable USO centers for remote areas.

On April 28, 2008, while performing in one of these dangerous locations, Kandahar, Afghanistan, mortar fire disrupted one of Mr. Keith's concerts. Instead of packing up and going home, Toby Keith returned to the stage to finish the show. This attitude, that all troops no matter where they are stationed deserve our support, is what makes Toby Keith an exemplary patriot, and all entertainers should, and I'm sure do, take a good lesson from his dedication to our men and women in uniform.

Mr. Speaker, Mr. Keith's visits to the USO are not only places where he deserves recognition for supporting our troops. He also freely provides tickets to military personnel for all of his shows in the U.S., and servicemembers showing military ID are allowed to eat and drink for free at his restaurants. Toby Keith also reflects his deep admiration for the troops in his hit song ``American Soldier'' which hails the work that our Armed Forces do to protect us all on a daily basis.

Mr. Speaker, at a time when the thousands of Americans question the merits of our missions in Iraq and Afghanistan, it is essential that our service men and women know that we support their dedication to America, regardless of our political disagreements at home. Toby Keith has been a stalwart supporter of our troops throughout his career and deserves our recognition and our appreciation. Regardless of one's opinion on our involvement in Iraq and Afghanistan, supporting our men and women overseas is certainly something that all Members of this body encourage and support.

Mr. Speaker, I urge Members to vote ``yes'' on House Resolution 1255 and honor a true patriot.

I reserve the balance of my time.

Mr. Speaker, I want to recognize for such time as she may consume my distinguished colleague from Washington (Mrs. McMorris Rodgers).

Mr. Speaker, I have no further speakers and simply want to thank the gentlelady from Guam for working with me on this bill. It's personally important since I have the great honor of representing Toby Keith, and he is, indeed, a great American and certainly somebody in Oklahoma we're very proud of.

Mr. Speaker, I yield back my time.

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

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

Mr. Speaker, I rise in support of House Concurrent Resolution 390, as amended, which honors the 28th Infantry Division for serving and protecting the United States of America.

I am honored to pay tribute to the current and former members of the 28th Infantry Division, the Keystone Division, who have steadfastly and courageously defended and served this great country on our own shores and in distant lands.

With roots that date back to the Continental Army, the 28th Infantry Division fought valiantly in several campaigns during World War I, earning the title ``Iron Division'' from General John J. Pershing.

Again, during World War II, victory was won in hard-fought battles in places like the Huertgen Forest on the western front and in the Battle of the Bulge because of the tenacity and the perseverance of the brave soldiers of the 28th Infantry Division. These battles earned them another title, Bloody Buckets, this time given to them by German forces because of the fury of the 28th Infantry Division assaults.

More recently, the 28th Infantry Division has participated in Operation Desert Storm, deployed troops to oust the Taliban in Afghanistan, and has played a vital role in the successes of Operation Iraqi Freedom. Closer to home, Mr. Speaker, the Division has responded in the aftermath of natural disasters to provide aid and comfort to fellow Americans during hurricanes, blizzards and devastating floods.

It is important to note that the soldiers of the Division have distinguished themselves by earning 10 Medals of Honor, four Legions of Merit, and 258 Silver Stars for their outstanding service to the Nation.

Sadly, Mr. Speaker, the valiant service of the 28th Infantry Division has not come without enormous sacrifice. Throughout its history, the members of the Division have paid the price to ensure our freedom. Still today there are over 2,600 soldiers from the 28th Infantry Division missing in action in both world wars of the 20th century.

Mr. Speaker, if I did not also pay tribute today to the incredible families of these brave soldiers, who waited at home while their loved ones answered our Nation's call, I would be remiss. The entire Nation owes the soldiers and veterans of the 28th Infantry Division and their families a debt of gratitude. We are all proud of their service. Therefore, Mr. Speaker, I strongly urge all Members to support this resolution.

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

Mr. Speaker, I want to make a few brief remarks on the issue of energy because we seem to discuss that. And I have no further speakers at that point and I will be prepared to yield back to my friend from Guam.

Mr. Speaker, I think today in the discussion of three bills we've seen a terrifically orderly process of cooperation between the two sides as we have come together to honor and recognize Americans who have distinguished themselves in service to our country and in service to one another. And it's been a process that I think ought to epitomize all of our openings. Our problem, unfortunately, is we don't always have that process in this House.

We've known for many, many years that we had a very serious energy crisis. I believe former Secretary of the Treasury, John Connelly, first pointed that out as long ago as 1970 when we were importing about 24 percent of petroleum from overseas. Former President Carter called it the moral equivalent of war that we confront and deal with this crisis in the late 1970s. And there certainly have been fitful efforts by both sides of the aisle, Mr. Speaker, to try and come to grips with this problem over the years, but we all know we have not done it successfully. And I think perhaps that's because we have not done it together.

I would point to the efforts of two of our colleagues on both sides of the aisle, Mr. Abercrombie from Hawaii and Mr. Peterson from Pennsylvania, who have tried to work together to formulate a bipartisan solution to parts of this vexing problem as an example that all of us on both sides ought to follow, Mr. Speaker. I think if we did, we would do better. And I think we could come up with legislation that would genuinely make a difference because nothing is more important, aside from our physical security, than our economic security. And I think we all recognize we're at the point, Mr. Speaker, that that security is threatened by an overdependence on foreign energy.

We can go a long way, we can do a lot together. Sometimes when we work together we do do extraordinary things. So I would challenge the House that in the coming week, when we discuss this important issue, that that's, indeed, how we proceed, we bring bills to the floor, we have open debate, and we try to find common ground with one another.

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

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Madam Speaker, I submit the following:

Requesting Member: Tom Cole (OK-4).

Bill Number: H.R. 6599.

Account: Military Construction, Air Force.

Legal Name of Requesting Entity: Tom Cole (OK-4).

Address of Entity: Tinker AFB, 7751 1st St, Tinker AFB, OK 73145.

Description of Request: This $5,400,000 addition to the Air Force MilCon Account will accelerate from within the FYDP the realignment of Air Depot Street at Tinker Gate. This project is fully executable in the next fiscal year, is within the FYDP, supported by the base commander, is a base priority, and has a parametric cost estimate associated with it. The existing roadway alignment poses a safety issue and does not satisfy the Anti-Force/force protection requirements. It is not in compliance with the Manual on Uniform Traffic Control Devices--extreme congestion during morning and afternoon peak traffic flows presents significant driver safety issues as exits are made from a major Interstate onto the entrance to Tinker AFB. The project also provides for a new Pass and Identification building consolidating all operations at the 24-hour gate.

Madam Speaker, I rise today to speak on behalf of the resolution honoring The Gaining Early Awareness and Readiness for Undergraduate Program. I would also like to thank Mr. Fattah for introducing this bill. He has been a wonderful advocate for the GEAR UP program.

Madam Speaker, The Gaining Early Awareness and Readiness for Undergraduate Program (GEAR UP) is designed to increase the number of low income students who are prepared to enter and succeed in postsecondary education. Over the last ten years, this program has met with unprecedented success. As we all know, postsecondary education contributes to the well-being of individuals and their communities and helps to build a more vibrant, open-minded and stronger society. The GEAR UP staff members work with students to help them create personal accounts that allow them to explore colleges and careers, discover ways to plan and pay for college, and apply for colleges online. Even more significantly, students participating in GEAR UP programs have a high school graduation rate almost ten points above other low-income students who are not in the program.

While the GEAR UP program across the nation has met with tremendous achievement, I would like to draw attention to my home state of Oklahoma which has been one of the front runners in GEAR UP programs. Oklahoma began this program in 1999, making it one of the oldest GEAR UP Programs in the nation. Since Oklahoma has one of the strongest GEAR UP programs in the country, other educators from other states regularly visit Oklahoma to learn about new and innovative ways to implement the program. So far, the efforts have served over 31,000 students throughout the state.

Madam Speaker, as a result of GEAR UP, participation in Postsecondary Education has increased 10 percent over the last 10 years overall in the state, and there has been a dramatic increase in participation by minority students. The number of African American students going to college in Oklahoma is up 41 percent, Native Americans attending college has increased 55 percent, and the number of Hispanic students attending college is up 80 percent! These figures are just amazing.

Also, fewer students in Oklahoma are taking remedial courses during their first year of college. In fact, Oklahoma has one of the lowest remediation rates in the nation. The GEAR UP Program has also significantly increased the number of students enrolled in Oklahoma's Promise scholarship program which targeted at low income students. Participation in the scholarship program is up 50 percent since 2005.

In addition to the overall state grant, Oklahoma's universities and local school districts have 8 GEAR UP partnership grants. These partnership grants serve local school districts and have over $10 million in funding annually from a combination of state and federal dollars that will go towards Oklahoma's educational system.

Madam Speaker, one of these partnership schools, Eastern Oklahoma State College, hosted a summer camp for students enrolled in the program. The camp is designed to establish a positive direction for the students' future and encourage them to make positive decisions. Recently, our office received literally hundreds of letters from Middle and early High School students detailing their experiences with the GEAR UP summer camp. These low-income youth all detailed that they fully enjoyed the programs that GEAR UP guided and that some are now considering college a an option. The vast majority of these letters said that the students would participate again and hope to continue GEAR UP through high school.

The results of GEAR UP are clear. This program has helped thousands of students reach college over the last ten years, and I urge my colleagues to vote for this resolution commending its marked success.

Mr. Speaker, while I appreciate the remarks of my colleague from Massachusetts, as the only Native American currently serving in this Congress, I would like to clarify a few of his assertions.

As you know, the Federal Government's relationship with Indian tribes over the first couple hundred years of our history was tragic. Continually, it was the policy of the Federal Government to not only exclude Indians from American society through broken treaties, but also to completely eradicate their culture. It would be nothing short of a tragedy for this Congress to carry on that policy.

During the early 19th century, the Cherokee did hold slaves, like thousands of other individuals throughout America at the time. Of course, there is no justification for such a barbaric practice. When the U.S. Government forced the tribe to relocate on the Trail of Tears, to Oklahoma in the 1830s, many slaves accompanied the Cherokees on this journey. After the Civil War, though the Government did not sign any official treaties with the Confederacy, the Federal Government did sign a Treaty with the Cherokee Nation. The Treaty of 1866 states that all the Freedmen and their descendants should retain the rights of Native Cherokees. At no point did this treaty use ``citizenship'' as the fulfillment of that provision. However, the important point is that the Cherokees honored this treaty and even exceeded the terms by amending their Constitution of 1866 to grant Freedmen, members of other tribes and inter-married whites tribal citizenship. The Cherokee have not failed to keep their part of the bargain.

Even so, Mr. Speaker, this 1866 treaty, which my colleague from Massachusetts insists the Cherokee have broken, was actually broken by the United States several times. For example, the Curtis Act of 1898, The Five Tribes Act, The Dawes Act, and the Enabling Act of the State of Oklahoma all violated the Federal Government's side of the Treaty of 1866. More significantly, however, this Treaty was once again rendered moot, in 1902 when Congress passed a law that fully changed the nature of tribal citizenship in its entirety and eliminated tribal citizenship across the board. Furthermore, the Dawes Commission, which was assigned to change tribal land into Indian allotment land removed the Freedmen from the Cherokee, but still gave them separate allotment land.

When the Cherokee Nation decided to reconstitute itself in 1975, it did so with a new Constitution and a new vision to return to its roots--a family of descendants of Indians. The Cherokee could make this decision because they were unconstrained by the Article IX obligation of the past. It was now up to the Cherokees to begin an era of Federal policy that promoted self-determination under the leadership of President Richard Nixon.

Furthermore, Mr. Speaker, the courts have continually recognized that one of an Indian tribe's most basic powers is the authority to determine its own citizenship, for they are independent political authorities. That being said, the Cherokee have one of the smallest blood quantum requirements in Indian Country. To be a citizen of the Cherokee Nation, an individual has to simply prove that they have only one Indian ancestor on the Dawes Rolls of 1906. To that end, the Cherokees are one of the most racially diverse tribes in the Nation, with thousands of African-American members. Because of the pending court litigation, the Cherokee have allowed the Freedmen to retain the benefits of tribal membership and have even hired genealogists to assist this group in finding an ancestor on the Dawes Rolls.

Mr. Speaker, it disturbs me that some in this Congress would accuse this tribe of breaking a treaty that was made long before the Federal Government eliminated the Cherokees as a tribe altogether. Their story, like most tribes throughout the Nation, is one of astonishing perseverance and determination. To limit Federal funding on the grounds that the Cherokees have supposedly broken a treaty that was in fact abrogated by official Government policy is absolute ridiculous. Congress should allow this issue to be settled in tribal and Federal court. It should not impose opinions on the Cherokee Nation. To do so violates tribal sovereignty, ignores history, and misuses and abuses legislative authority. The Cherokees have not broken their treaties with the United States. It is the United States that has consistently violated its treaties with the Cherokee Nation.

Mr. Speaker, on Thursday, July 24, 2008, I missed rollcall votes 525 and 526.

I request that the Congressional Record reflect that had I been present and voting, I would have voted as follows:

Rollcall vote 525: ``Nay'' (On the Rule providing for the consideration of H.R. 6578);

Rollcall vote 526: ``Nay'' (On Calling the Previous Question on the Rule providing for H.R. 5501).

personal explanation

Madam Speaker, on Wednesday, July 16, 2008, I missed the rollcall vote No. 507, had I been present and voting, I would have voted as follows:

Rollcall vote No. 507: ``nay'' (On Passage of H.R. 415 to amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the Commonwealth of Massachusetts as a component of the National Wild and Scenic Rivers System).

Offered By: Mr. Cole of Oklahoma

Amendment No. 1: Add at the end the following new title: