Shelley Capito

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to recognize the March-Westin Company of Morgantown, West Virginia and the St. James Catholic Church for their exceptional achievement in the field of occupational safety and health. Incorporated in 1984, the March-Westin Company is a full-service engineering and general contracting firm located in Morgantown, WV. March-Westin has worked on over 600 projects throughout West Virginia, establishing themselves as one of the best firms in all of West Virginia. After a rigorous review by the Occupational Safety and Health Administration, OSHA, March-Westin has been awarded the agency's approval as a Star participant in their Voluntary Protection Program, VPP. Since 1982, this demanding award has been given to fewer than 1,000 worksites across the Nation and I am pleased to recognize March- Westin and the St. James Catholic Church for their work in receiving this award. In fact, this exemplary small construction company had no employee injuries or illnesses during the qualifying period for the program. VPP sites serve as a model for what can be accomplished through a commitment to workplace safety, as these sites achieve a level of worker protection that goes far beyond compliance with already strict government regulations. In Charles Town, WV, the March-Westin Company is constructing a 55,000 square foot, old style church which includes a parish hall, library, classrooms, a chapel, bell tower, and a kitchen. This $10 million project will serve not only as a model for workplace safety but also as a wonderful place for worship and a welcome addition to the eastern panhandle of West Virginia. In closing, I want to again commend the March-Westin Company, the St. James Catholic Church, and the Wheeling-Charleston Catholic Diocese for their commitment to workplace health and safety and ask my colleagues here in Congress to join me in recognizing their efforts.

Mrs. CAPITO

Mrs. CAPITO. Madam Speaker, October is Breast Cancer Awareness Month. In West Virginia alone, 270 women will lose their lives to breast cancer in 2005 while an estimated 1,410 new cases will be diagnosed. The impact of breast cancer goes well beyond the individual to impact her family, her friends, as well as change the path in life the woman is leading. Regular breast self-examinations, mammograms, and regular visits with a doctor give a woman her greatest chance for overcoming breast cancer. These reasons are why women, especially women over 50 and women who have a history of breast cancer, should visit their doctor regularly. My husband Charlie lost his mother and his aunt to breast cancer over 30 years ago. Since that time advancements in treatment and educational efforts have increased the 5-year survival rate to 98 percent if the cancer is found and treated before it spreads. As this Republican-led Congress continues its commitment to fund research efforts, we must also continue efforts to educate women and ensure they have access to proper health care. We owe it to thousands of women, and their families, we have lost to breast cancer. We owe it to ourselves and our daughters for their futures.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I thank the gentlewoman from Florida (Ms. Ginny Brown-Waite) for yielding to me, and for her steadfast support of women's issues, and particularly the reauthorization of the Violence Against Women Act. She has been a leader in this area and, as she said, she legislates from the heart on this issue. I appreciate her and all of the bipartisanship that has been shown in the reauthorization of this bill. In the 5 years since the Violence Against Women Act of 2000 was enacted, we have made remarkable gains towards stopping domestic and sexual violence. But the Violence Against Women Act is due to expire at the close of September and it is time for Congress to renew its commitment. Since its inception in 1994, VAWA funding has provided tremendous resources and protections for victims of domestic violence and sexual assault in my home State of West Virginia and nationally. Violence against women programs provide increased training for police, prosecutors, and court officials, and greatly improves the response of the criminal justice system to victims of domestic violence and sexual assault. These programs have been successful at providing victims with emergency shelters, hotlines, and supportive services. In my hometown of Charleston, West Virginia, we have a domestic violence shelter that is run very well by the YWCA of Charleston, West Virginia. It is professional, it is safe, and it is that harbor for women and families who are subjected to the violence that occurs in so many of our families and in domestic situations. Due to the Violence Against Women Act's worthy accomplishments, many more victims are now referred for services, and demand has steadily risen for the services provided by the grants. The Violence Against Women Act has helped transform the perception of domestic abuse as a situation that should be dealt with in the home. It has moved it to a serious crime that should be addressed in the courtroom. What used to be considered a family matter is now a crime. This bill is a crucial part of this perception change. At issue now is more than just a reauthorization. Rather, Congress has an opportunity to make a statement by expanding and improving VAWA Acts passed in 1994 and 2000. This year's reauthorization builds on the successes, just what we want to see when we are reauthorizing legislation; to find out what is working, build on that, and remove those elements of a law that maybe are not working or not working as we had thought they might. Reauthorization of VAWA will improve the help victims receive from the Department of Justice in several ways. One of its more important provisions gives grants to States to ensure victims have better access to trained attorneys and lay advocacy services, such as the one at the YWCA in Charleston, West Virginia. This means grief-stricken victims of violence, stalking and sexual assault will receive vital professional support in the moment they need it the most. This support can make all the difference in the time of tragedy. Domestic violence, unfortunately, strikes everywhere, among the rich, the poor, within urban and rural communities. As a West Virginian, I have been especially sensitive to the needs of rural communities. That is why I am pleased that the reauthorization of VAWA will expand assistance to rural areas through amendments made to the rural domestic violence and child abuse enforcement assistance program. The Department of Justice is authorized to award 3-year grants for education, training, and services to combat violence against women in rural areas. All told, $50 million in funding each year from 2006 to 2010 is authorized and will go to VAWA programs that address rural domestic violence, dating violence, and sexual assault. And when it comes to grants that address sexual assault, rural communities are guaranteed to receive a minimum of 25 percent of the funds allotted. In addition, when we reauthorize VAWA, the Federal Government will be sending a strong message to the criminals who have committed violence against women. Reauthorization will permit the doubling of applicable penalties for repeat Federal domestic violence offenders. This bill also addresses the accessibility of funding and program dollars for colleges. As the mother of a college student, a young woman college student, I know that the area of sexual assault and dating violence is something that is ever present on the mind of every mother of a young daughter in college. So this bill recognizes that and will help strengthen our institutions to deal with this problem. This October will be the 19th annual Domestic Violence Awareness Month. I cannot wait for the day we no longer need a month to recognize domestic violence. For years, we in Congress have told women that domestic violence is not their fault and is no cause for shame. I believe we have the opportunity this year to redouble our efforts, to say that domestic violence is not just the victim's problems, it is America's problems. That means we in Congress must demonstrate to all Americans that it is incumbent on us as a Nation to stop this violence. This year, let us usher in Domestic Violence Awareness Month by reauthorizing the Violence Against Women Act.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today in support of the creation of a select bipartisan committee to investigate the preparation for and response to Hurricane Katrina. As representatives, we are elected by the American people, and it is our duty to ensure that the numerous Federal agencies of which we have oversight and that we fund on an annual basis serve the taxpayers efficiently and effectively, and I think from the images that we have seen and from the reports from that area of the country, we have had serious problems. This is a job best performed by the elected leaders of the United States. We are charged with the responsibility of oversight. We can be trusted by our constituents to find the truth. To those who are critical of the makeup of this committee, I say to them, the United States Congress has responded in similar fashion 41 times, most recently with the formation of the Select Committee on Homeland Security in 2002 and 2003. Mr. Speaker, we must form this bipartisan committee quickly so that the Members from both sides of the aisle can begin the vital task of finding the problems that plagued the response to Hurricane Katrina on the local, State and Federal levels. If we fail to act expeditiously and devolve into finger pointing and bickering, we are putting other areas of our Nation at greater risk. Mother Nature will not wait for the United States Congress to act.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 440 and ask for its immediate consideration.

Mrs. CAPITO. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Hastings), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only. Mr. Speaker, House Resolution 440 is a modified open rule that provides for full consideration of H.R. 889, the Coast Guard and Maritime Security Act of 2005. The rule provides 1 hour of general debate equally divided and controlled by the chairman and ranking member of the Committee on Transportation and Infrastructure. The rule waives all points of order against consideration of the bill and makes in order only those amendments that are preprinted in the Congressional Record or are pro forma amendments for the purpose of debate. H.R. 889 was reported by voice vote from the Committee on Transportation on May 17, 2005. The bill provides for the reauthorization of Coast Guard activities for the coming fiscal year. H.R. 889 has the strong bipartisan support from members of the Transportation Committee, and I want to thank the gentleman from Alaska (Mr. Young) and the gentleman from Minnesota (Mr. Oberstar) for again bringing legislation to the floor that has support from both sides of the aisle. The Coast Guard is critical to our defense against terrorism and our response to natural disasters. Along the gulf coast, the Coast Guard rescued thousands of people from flooded areas in the aftermath of Hurricane Katrina. Many of these people were saved in daring rescue attempts from rooftops or trees. We all mourn the loss of life caused by Hurricane Katrina, and we do not yet know what the final death toll will be. It is clear, however, that the loss of life would have been much greater without the heroic efforts of the U.S. Coast Guard. The U.S. Coast Guard has the primary responsibility of securing ports from our oceans to inland rivers and has the job of providing maritime security across the country. Given the added responsibility of the Coast Guard in the post-September-11 world, we must ensure that the agency has the adequate personnel to maintain their readiness for both homeland security and for response to natural disasters. It is clear that the Coast Guard faces many challenges in the homeland security and rescue missions. The GAO noted earlier this year that some stations need additional boats or staff to meet Coast Guard readiness standards and goals. This legislation maintains a force of 45,500 personnel and authorizes funding for Integrated Deepwater Systems and for sustaining legacy vessels. The bill also requires a report to Congress on the implementation of the Integrated Deepwater Program that is modernizing the Coast Guard's fleet. These actions will allow the Coast Guard to continue to meet its mission to protect the public and our economic interests in the Nation's ports and waterways. I would like to thank the Coast Guard and all of the many members of the Coast Guard, retirees and volunteers who have worked with the Coast Guard in heroic efforts surrounding Hurricane Katrina. Their ongoing efforts and their ongoing energy that is providing the ability to rebuild and refortify that wonderful part of our country are to be congratulated. I would like to thank the leaders of the Transportation and Infrastructure Committee for bringing this legislation to the floor and hope that my colleagues will join me in support for the rule and the underlying bill. Mr. Speaker, I reserve the balance of my time.

Mrs. CAPITO. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, I urge all of my colleagues to support this fair rule and the bipartisan legislation which provides critical funding to improve our Nation's coasts and ports. I think it is very timely that we are addressing this legislation today because the Coast Guard has done an exemplary job in rescuing the many victims of Hurricane Katrina; and we need to ensure, as my colleague has said, that they have the necessary resources to continue their mission. I believe all Members should be able to support this rule and the underlying legislation. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution. The previous question was ordered.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to honor the accomplishments of a friend and fellow West Virginian, Hersha Arnold, who recently was given the prestigious Jerry Maldavir Award by the American Cancer Society. Hersha has been a tireless advocate for public awareness about the risks of cancer, prevention, serving cancer survivors, and many other activities. She has been a leader in her local community, the State of West Virginia and the South Atlantic region for the American Cancer Society. In addition to her efforts for the American Cancer Society, Hersha has been a diligent volunteer for several causes including running a camp for children with cancer and serving as a strong leader for other State initiatives. Hersha is a wonderful leader in her community and an invaluable asset to the efforts of improving cancer awareness in the State of West Virginia. We need more people like Hersha to attain the goal of eradicating cancer by 2015. It is with great pride that I am able to recognize my friend and fellow West Virginian for her significant contributions.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today to honor the accomplishments of a friend and fellow West Virginian, Dr. Elizabeth Spangler. On August 27, 2005, Dr. Spangler became the first woman to take office as President of the West Virginia State Medical Association. Prior to her installation, Dr. Spangler held other leadership roles within the State Medical Association including Vice President and Vice Speaker for the Association's House of Delegates. Dr. Spangler first began her career in health care as a graduate from Mercy Hospital School of Nursing in Springfield, Massachusetts. After practicing as a registered nurse for 23 years, she earned her medical degree from the Marshall University School of Medicine, and then completed her residency in internal medicine at the West Virginia University School of Medicine, Charleston Division. In 1989, after 8 years as a primary care provider and medical director at Health Right Clinic of Charleston, Dr. Spangler was named medical director of medical affairs at Charleston Area Medical Center. She has held other medical management positions including medical director of the School Health Services Home Health Agency; Vice President of Clinical Affairs for outpatient services at CAMC, and interim Chief Medical Officer at Carelink Health Plus. Finally, in 1999, she was named Vice President for Medical Affairs and Chief Medical Officer for CAMC. Dr. Spangler's list of accomplishments has grown over the years to include fellowship in the College of Medical Quality and membership in the American College of Physicians, the American College of Physician Executives, and the American Medical Association. Dr. Spangler continues to be a distinguished leader in the medical community and a rolemodel for women in West Virginia and across the nation. She is a devoted contributor to her community and her state. Dr. Spangler is to be highly commended for her accomplishments and West Virginia is fortunate to have her as a leader in the health care community.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, it is with a heavy heart that I rise today to show compassion and readiness to work with our neighbors who are in crisis. I represent a State, West Virginia, that has had numerous flooding disasters. Collectively, we will do everything we can to help those in need. The number one priority now is the families and children who are affected. The photos from these areas are gut wrenching, and I am sure we are just beginning to hear the heartbreaking stories. Our responses must be quicker and stronger. I know our compassion as a Nation is incredible and we are frustrated by the enormity of this crisis. As West Virginians, we have been helped time and time again. Like those affected in this disaster action, we are hardworking, country- loving, patriotic, respectful citizens. We now wish to return our compassion to those in need. Our State has started fund drives, deployed utility professionals, our National Guard, and other means of help. We will continue. Our hearts are joined in prayer to those who need prayers the most, to give them the strength and the willpower to rebuild and go on. We will stand together to recover and rebuild the lives and the cities. This is the nature of our country and its people. It is with a heavy heart that I rise today to show compassion and readiness to work to help our neighbors who are in crisis. I represent a state, West Virginia, that has had numerous flooding disasters and collectively we will do everything that we can to help those in this devastating situation. The number one priority right now is the welfare of the families and children in their time of need. The photos from the area are gut- wrenching and we have only just begun to hear the heart breaking stories of the destruction of lives and properties. Our responses must be quicker and stronger as we reach out to the despair. I know that our compassion as a nation is incredible and we are frustrated by the enormity of the crisis. The funding we provide today will be significant but will only take us so far. In recent disasters around this Nation we have seen the worst of destruction that can come from both man and from nature: but the best of society. We have seen the power of this Nation when it comes together to assist those in need. In the coming hours and days, we have got to press forward to help in every way. As West Virginians, we have been helped time and again. Like those affected in this disaster, we are hard working, country loving, patriotic, respectful citizens. We now wish to return our compassion in your hour of need. Our State has started fund drives, deployed utility professionals, sent our National Guard and other means of help. We will continue. Our hearts are joined in prayers to give those in need the strength and willpower to rebuild and go on. To that end, the Red Cross and the Salvation Army need our support to continue their efforts on the ground. We are grateful to those who are on the ground from all emergency organizations in the Gulf Coast area to assist those who have been affected. We will stand together to recover and rebuild the lives and cities. That is the nature of this country and its people.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I ask unanimous consent for the immediate consideration of House Resolution 399.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I thank my colleague from the Committee on Rules for yielding me time. Mr. Speaker, I rise in strong support of the rule and the Domenici- Barton Energy Conference Report because it is the national energy strategy that our Nation has waited on for decades. This legislation will ensure adequate energy supply for consumers, help to drive down energy costs, and provide jobs in the energy industry. I would like to highlight one facet of it as particular importance to me and my State. Coal provides thousands of jobs in West Virginia and produces the energy needed by customers across the country. This bill contains a number of provisions to support clean coal technology that will allow coal to continue to provide for the Nation's energy needs while also protecting our environment. First, I am pleased that the conference report includes a 20 percent tax credit for new Integrated Gasification Combined Cycle facilities. IGCC facilities are on the cutting edge of new energy technology. Other tax credits for Industrial Gasification and Advanced Combustion will also further the use of clean coal. The bill also allows for power plants to amortize the cost of air pollution controls over 7 years, an important step towards cleaning up existing coal-fired facilities. The Clean Coal Power Initiative, a 9 year, $1.8 billion program to demonstrate advanced coal technologies, created by this bill, will allow us to develop the next generation of clean, efficient coal use. The Energy Policy Act is good for West Virginia coal, West Virginia jobs, and great for our Nation's economy and energy security. I hope my colleagues will join me in support of the rule and the underlying bill.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I move that the House do now adjourn.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I thank the gentleman for yielding me time. Mr. Speaker, I rise today in strong support of the Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2005, commonly referred to as the HEALTH Act. If it seems like you have seen me speaking on this before, that is because I have. The House of Representatives has done their part and passed this much-needed legislation several times during my service in Congress. It is my sincere hope that the other body will answer the call of millions of Americans who have been impacted with the loss of their doctor and help rein in an out-of-control medical liability system. I am very optimistic we can achieve this goal, primarily because my home State of West Virginia has passed very similar legislation. If West Virginia's Legislature and Governor can put politics aside and work for the common good, then this Congress should be able to do the same. Five years ago the medical liability climate in West Virginia reached a fevered pitch. Countless physicians, especially specialists, were beginning to leave the State, their home State, because of the prohibitively high cost of insurance premiums. Our largest trauma center was forced to close because of lack of physicians. Many of these physicians were orthopedists, OB-GYNs, and neurologists, and for a rural State with already limited access to specialists, this was a critical blow to health care accessibility. Individuals throughout the State were extremely concerned about the ability to find a doctor, keep a doctor, and about the doctor that they love and trust leaving the practice of medicine. Thankfully, the leaders in West Virginia enacted sensible reforms that have stabilized our healthcare delivery system. As a matter of fact, the hospitals in West Virginia have said one of the biggest benefits to this legislation, very similar to the legislation we have today, is that it stabilized the situation so they can now recruit and retain physicians in the State of West Virginia. The HEALTH Act is needed on a Federal level because other States have not had the success of my State. This act puts in common-sense reforms to the tort system. I urge all to support the rule and to realize that this approach, which is similar to California's approach and West Virginia's approach, can work successfully and can be passed in a bipartisan way.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I rise today in strong support of this rule and underlying postal reform legislation. I commend the gentleman from Virginia (Chairman Davis) and the ranking member, the gentleman from California (Mr. Waxman), along with the much heralded sponsor of this bill, the gentleman from New York (Mr. McHugh), for working in a bipartisan manner that has twice allowed this bill to be reported from committee by a unanimous vote. Now, I have only been here 5 years, and like my colleague from Washington, DC, says, she feels like every year it is painstakingly making its way through the process. And even in the 5 years since I have been here, I know how important this bill is, and I am so pleased that we are at the point we are today. I am pleased to be a cosponsor of H.R. 22 because of its importance to businesses, postal employees, and all of us who have mail delivered to our homes or our businesses. This legislation has provisions that will allow the Postal Service to operate more efficiently and would require that it focus primarily on its main focus, which is delivering the mail. H.R. 22 helps enable mailers to partner with the Postal Service to reduce the cost of mailings, providing an efficiency to the Postal Service, and helping businesses to save money that can be invested in jobs and job growth. The bill is a good idea for postal employees for a lot of different reasons, one of which is because it returns the responsibility for the military service portion of postal retiree benefits back to the government and corrects overpayments by the Postal Service to the Civil Service Retirement System. In short, the bill provides the changes necessary to keep the Postal Service operating. It is so important to all of us every day. I mean, I know at certain times in my life I felt like if I did not see my friendly mailman or mailwoman at my door, I felt like I did not have a friend in the world. So let us keep the Postal Service operating without the hefty rate increases that would inevitably come with the status quo. This bill means a great deal to very many people. After so many years of work, I congratulate all of those intimately involved. I urge my colleagues to join me in support of the rule and the underlying bill.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I thank my friend and colleague on the Committee on Rules, the gentleman from Utah (Mr. Bishop), for yielding me this time; and I rise today in support of the rule and the underlying legislation, the Small Business Health Fairness Act. Mr. Speaker, a trip to the doctor should not bust the family budget. Too many of America's small business employees go without health insurance or pay a big chunk of their paycheck for health care. This House has acted on four separate occasions in a bipartisan way to pass reforms that will allow small business owners to provide their employees with affordable health insurance options, yet our efforts to help reduce the ranks of the uninsured has not gone forward. This crucial legislation allows small business owners to have similar purchasing power for health insurance as large corporations. The creation of association health plans will permit small business owners to band together through a trade association or other method to purchase health insurance for them and their employees. The ability to provide health insurance is critical for our small businesses to remain competitive. Mr. Speaker, workers are frustrated with paying the high cost of health care. Congress needs to finish this job and pass association health plans into law. I urge my colleagues to support the rule and the underlying legislation.

Mrs. CAPITO

Mrs. CAPITO. Mr. Speaker, I thank my colleague on the Rules Committee for yielding me this time, and I would like to say this is a good debate not only that we are having right now but that we will have throughout the day on a very important act, that being the USA PATRIOT Act. I rise today in support of the rule and the underlying legislation. The USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 provides America with the necessary tools to protect our homeland from terrorist threats while maintaining our cherished freedoms. I would like to say in discussion on what occurred in the Rules Committee, the minority asked that we extend the debate on the PATRIOT Act to 2 hours, and we are going to be seeing that later this afternoon. I think the PATRIOT Act is debated every day in the Halls not only of Congress but workplaces, certainly law enforcement officers; and I think all of us are trying to strike that balance between protecting personal liberties and protecting the homeland. Times have changed. In this bill that we are about to consider, we will be considering an amendment that I am putting forth. The amendment that I wish to address is extremely timely today, unfortunately, for those living in Great Britain in that it will reform the wrecking trains statute of 1940 to impose greater penalties for those who seek to terrorize individuals on mass transportation, particularly trains. We are seeing this morning the news out of London that another attack has been orchestrated, although I did not see the details of exactly who and what is accountable for that. But it sends shivers down the spine, I think, of every American knowing the pain and suffering that is going on in London as we speak. It is important in this amendment that I am going to be offering to realize that current legal practices are not punitive enough to be any kind of a deterrent to anybody who is considering a massive or a large attack on trains or mass transportation. So I think we can agree that more stringent penalties would be in order. I support this rule, I support the debate that we are going to see going forth, and I support the reauthorization of the PATRIOT Act.

Mrs. CAPITO

Mrs. CAPITO. Mr. Chairman, I yield myself such time as I may consume. I would like to respond to the gentleman from Virginia (Mr. Scott). I appreciate his comments. The mandatory minimums in this amendment do not apply to threats or conspiracies. A person found guilty of a threat or conspiracy could face a sentence up to 20 years. A 30-year mandatory sentence is required for someone who attacks a train carrying nuclear fuel and high-level radioactive waste. Quite frankly, I think that is extremely appropriate and severe, and what we are trying to do here is create these statutes as a deterrent. Certainly I agree we need to put money into port security around the Nation, and we are doing that; but we need to go at this problem of terrorism with a full frontal attack. I would like to say when we considered this, this amendment has been around for about a year. We considered it last year and the gentleman from Virginia (Mr. Scott) asked that we consider it in the PATRIOT Act and that is what we are dealing with today. So I think it is appropriate. Mr. Chairman, I reserve the balance of my time.

Mrs. CAPITO. Yes. This is the identical amendment that was considered last year in October, and it was also passed in the House Intelligence Reauthorization Act that we passed. So this amendment has been considered several times in this House.

Mrs. CAPITO. Mr. Chairman, will the gentleman yield?

Mrs. CAPITO. Reclaiming my time, I thank the gentleman for his support. Mr. Chairman, I reserve the balance of my time.

Mrs. CAPITO. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, millions of Americans travel to work, school and other activities aboard trains, buses, planes, and other forms of mass transportation. Our railways are also a primary method of shipping raw materials and manufactured goods across the country. The openness of our rail and mass transportation network makes it a target for terrorists who would attack our Nation. The network is also a target for people to make empty threats or disable on-track materials. These actions put rail employees and passengers at risk. Threats and sabotage against railways also harm interstate commerce by causing delays on important transportation corridors. Richard Reid, now known as the Shoe Bomber, actually had a charge against him dismissed because current law does not explicitly define an airplane as a vehicle for the purpose of prosecuting. This amendment would change that and bring updated and uniform protections to all forms of railroad carriers and mass transportation providers. My amendment establishes penalties of up to 20 years for a person who knowingly wrecks, derails, or sets fire to a rail or mass transportation vehicle or knowingly disables on-track equipment or signals. The same penalty applies for conspiracy or threats against a rail or mass transportation system. The penalty is increased with life imprisonment with death-penalty eligibility if an attack results in the death of a person. My amendment allows the courts to consider an attack against a train carrying hazardous materials as an aggravated circumstance. The amendment includes a 30-year minimum sentence for an attack on a train carrying high-level radioactive waste or spent nuclear fuel. I first offered this amendment last October in the wake of the terrorist attack against the rail system in Madrid. The House passed this amendment on the 9/11 Commission Implementation Act, but it was removed in conference with the Senate. The tragic attacks on London on July 7 and another attack there earlier today have demonstrated again the dangers facing rail and transit systems in the U.S. and throughout the world. We must not wait for another attack here at home to modernize our criminal penalties for attacks and sabotage against our transportation system.

Mrs. CAPITO. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would say in closing this has been considered in the past. It has passed. It passed on a voice vote last October. I think in view of what is happening to the mass transit systems around the world, we have heard a lot of hue and cry about helping to protect our mass transit systems in this country. And I think by making standard criminal penalties, we are going a step in the right direction to use these penalties as a deterrence to terrorism on our mass transit and rail systems. I urge passage of the amendment.

Mrs. CAPITO. Mr. Chairman, I demand a recorded vote.

Mrs. CAPITO. Mr. Chairman, I offer an amendment. The Acting Chairman. The Clerk will designate the amendment.