Tom Davis

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield my 3 remaining minutes to the gentlewoman from Illinois (Mrs. Biggert).

Mr. TOM DAVIS of Virginia. We will see how much time she takes. If the gentleman can see how much time she takes, and then we can give the balance to the gentlewoman from Illinois (Mrs. Biggert). I have a gentleman from our side who wants to speak in favor as well. We will try to accommodate the gentlewoman from Illinois (Mrs. Biggert).

Mr. TOM DAVIS of Virginia. Mr. Chairman, I offer an amendment.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I ask unanimous consent for 1 additional minute on each side.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as I may consume. I just want to say to my friends on the Committee on Science that while we continue to stand in opposition to the creation of new bureaucracy as a way to solve the problems, I think there may be some kind of middle ground, as the gentleman has addressed, and I pledge as we move forward to work with them to try to find a solution to the issue they have identified with this Assistant Secretary for the Office of Science. Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr. Hall).

Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield 1 minute to the gentleman from Nevada (Mr. Porter).

Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, section 978 creates two new Senate-confirmed assistant secretary positions within the Department of Energy. This change would increase the total number of Senate-confirmed assistant secretaries in the Department from six to eight. The Department of Energy has been plagued by management problems for years. Since 1990 GAO has designated contract management at DOE as a high-risk area for waste and mismanagement. A recently released GAO report requested by the Committee on Government Reform confirms that DOE contract management should remain on the GAO high-risk list. Additionally, the DOE Inspector General has reported for years that the Department is not doing enough to protect its facilities and materials from threats to our national security. While the issues that these proposed assistant secretaries would be responsible for no doubt are important issues, adding an additional layer of bureaucracy does not elevate the issue. DOE management will not improve as a result of adding these new layers. In fact, the new position could have the opposite effect by slowing down the decision- making process. In addition to adding more unnecessary bureaucracy to the Department, this section adds to the ranks over 500 positions in the executive branch that go through the cumbersome Senate confirmation process. I have yet to be convinced that requiring positions below the secretary level through the confirmation process in the other body yields better candidates or more effective governmental administration. Our Committee on Government Reform, which has jurisdiction over the Federal civil service and therefore the creation of new layers of bureaucracy, unanimously agreed to strike this section from the energy bill when the committee marked up our provisions last week. Unfortunately, when the broader energy bill was cobbled together before coming to the floor, the provision was not only reinserted, it was added to by creating two new Assistant Secretaries rather than just one. Based on conversations with my colleague that support the creation of these new positions, this is an issue that I pledge to work with them on as the bill moves through the conference. Of the two new proposed positions, one is simply an elevation of a preexisting Senate-confirmed post within DOE, whereas the other is a brand new Senate-confirmed position. For the time being, I urge my colleagues to support this amendment. Mr. Chairman, I reserve the balance of my time.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I ask unanimous consent each side be given 1 additional minute.

Mr. TOM DAVIS of Virginia. The gentlewoman in opposition to the amendment has no time because the gentleman has taken her time. I have 3 minutes remaining. I can give her 2 of my minutes. If the gentleman from California (Mr. Waxman) can give her a couple of minutes, she can make her case against our amendment.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I would ask that maybe the gentleman from California (Mr. Waxman) could yield the gentlewoman from Illinois (Mrs. Biggert) any time that he would have remaining, so that she could make a case.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to support the appointment of Robert P. Kogod as a citizen regent of the Smithsonian Institution. Bob received a B.S. in 1962 from American University located in Washington, DC. He joined the Smith Companies in 1959 where he served as president, chief executive officer and director until 2001. Rob is a member of the boards of directors of Vornado Realty Trust and Archstone-Smith Trust. Bob also serves as President of the Hartman Institute in Jerusalem which is home to the Kogod Institute for Advanced Jewish Research. In 1979, the Kogod School of Business at American University was named in honor of a major gift from the Kogods. Bob and his wife Arlene have demonstrated their deep commitment to James Smithson's vision of the Smithsonian Institution as an establishment for the increase and diffusion of knowledge. The Kogods are renowned philanthropists as well as world-recognized collectors of American crafts, Art Deco and American Art. They are longstanding members of the Smithsonian American Art Museum's American Art Forum and the Archives for American Art. Bob previously has served as a member of the Smithsonian Washington Council and is currently serving as special advisor to Secretary Small on the Patent Office Building renovation project. Mr. Speaker, in closing, I would like to express my support for the appointment of Bob Kogod as a citizen regent of the Smithsonian Institution.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Madam Speaker, I thank the gentleman for yielding me time, and just note that I rise in support of H. Res. 188, honoring the service of America's firefighters. Every day these Americans risk their lives to save others. Three hundred forty-five firefighters died at the World Trade Center, but what is not mentioned is that one-quarter of them were off duty. They were off duty, but those firefighters heard the call they were needed. They risked, and in some cases sacrificed, their lives in order to save others. In America such sacrifices are a daily occurrence. Three times a minute there is a fire call somewhere in the country. Firefighters never know when that call could be their last. This resolution is a very simple way for us to say thank you for the job you do. We honor you. You make a difference every day. I urge its adoption.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 1460, the bill under consideration.

Mr. TOM DAVIS of Virginia. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 1460) to designate the facility of the United States Postal Service located at 6200 Rolling Road in Springfield, Virginia, as the ``Captain Mark Stubenhofer Post Office Building''.

Mr. TOM DAVIS of Virginia. Madam Speaker, I yield myself such time as I may require. Madam Speaker, I rise today in support of H.R. 1460, which I introduced to recognize the bravery and selfless dedication of Captain Mark Stubenhofer. Captain Stubenhofer was born in Fairfax, Virginia, on April 18, 1974. He grew up there in the suburbs of this great capital of freedom, and he was an all-American from the start. Mark delivered newspapers in the morning before school. He worked long after the school day ended doing homework or practicing baseball. He attended West Springfield High School in West Springfield, Fairfax County, and he attended Nativity Catholic Church nearby. He was elected student government vice president at West Springfield and played varsity baseball. After graduation, he went on to Clemson University where he honed his leadership skills through the school's ROTC program. He graduated from Clemson in May of 1996 and immediately began fulfilling his obligation to the Army. Captain Stubenhofer was commissioned as an infantry officer and attended both the elite Airborne and Ranger schools. He went on to serve two tours in Operation Iraqi Freedom. During his first tour in 2003, he helped liberate five Iraqi cities. In his second tour, Captain Stubenhofer served as a company commander for the 1st Battalion, 41st Infantry Regiment, 3rd Brigade, 1st Armored Division. He was awarded numerous medals and honors, among them two Bronze Star Medals, the Purple Heart, the Meritorious Service Medal and two Army Commendation Medals. Madam Speaker, during his final tour of duty, Captain Stubenhofer's third child was born, a daughter he asked his beloved wife Patty to name Hope. As he commented in his last phone conversation to his parents, the reason for the name was that it was hope that brought him to Iraq in the courageous service of his country. Tragically, Captain Stubenhofer never met his daughter Hope. He was killed in combat on December 7, 2004. Madam Speaker, we owe Captain Mark Stubenhofer, and all those who have made the ultimate sacrifice for this country, a debt of gratitude that we can never repay. While we pay homage to fallen heroes like Mark with memorials or post offices, the most fitting tribute is the enduring memory of their lives. As Pericles, the greater orator, builder and general of Athens, said, for to famous men, all the Earth is a sepulcher, and the virtues shall be testified not only by the inscription in stone at home, but by an unwritten record of the mind which more than any monument will remain with everyone forever. Madam Speaker, I urge all my colleagues to forever remember Captain Mark Stubenhofer and to keep a record in our minds and hearts of the great works and sacrifices that all of our sons and daughters of the military continue to make on our behalf. Captain Stubenhofer was one of America's finest. His deeds and sacrifices will forever be remembered by his friends and family and by a grateful community in Springfield, Virginia, who share with me their pride in having his name enshrined on our local post office. I thank the Virginia delegation for their unanimous support of this resolution, and I ask all Members to pass H.R. 1460. Madam Speaker, I reserve the balance of my time.

Mr. TOM DAVIS of Virginia. Madam Speaker, I yield myself such time as I may consume to simply urge all Members to support the passage of H.R. 1460. Madam Speaker, I yield back the balance of my time.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to honor Delegate James H. Dillard for over 21 years of dedicated service to the Commonwealth of Virginia. Delegate Dillard has served as Delegate to the Virginia General Assembly from 1972-1977 and then again from 1980-2005. Delegate Dillard represents the 41st District in central Fairfax County. He served in the United States Navy from 1955 to 1957 and received a B.A. from The College of William and Mary and a M.A. in Political Science from The American University. Delegate Dillard previously served as a Fairfax County teacher and principal and began his political career as a member of the Fairfax Education Association by working to establish a living wage for teachers in the 1960's. His strong interest in education led him to be one of the original architects of the Virginia Standards of Learning. Additionally, he was chief sponsor of legislation placing a guidance counselor in every elementary school, and has been recognized as National Legislator of the Year by the Guidance Counselors Association. As Chairman of the Natural Resources subcommittee of the House Appropriations Committee, Delegate Dillard initiated the largest growth in parks and conservation activities in Virginia's history. Delegate Dillard was the author and chief sponsor of the Virginia Soil and Siltation Act which protects streams and waterways from pollutants. He has also worked behind the scenes to ensure the development of the Leesylvania State Park sailing marina, one of the finest facilities of its kind on the Potomac River and has been recognized as Legislator of the Year by the Chesapeake Bay Foundation. Mr. Speaker, in closing, I would like to extend my best wishes to Delegate Dillard on his retirement from the General Assembly. Through his long and distinguished career Delegate Dillard has touched the lives of countless Virginians. While I know that he will be greatly missed, his retirement is well deserved. I call upon my colleagues to join me in honoring Delegate Dillard and in wishing him the best of luck in all future endeavors.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to commend Reverend Kenny Smith for his exceptional work in the Northern Virginia community as pastor of the First Baptist Church in Vienna, Virginia, and president of the Fairfax County Branch of the NAACP. A native of Atlanta, Georgia, Reverend Smith received a bachelor's degree from the University of Nebraska-Omaha. He continued on to Virginia Union University's School of Theology, where he graduated magna cum laude with a master of divinity degree. Reverend Smith also holds a doctor of ministry degree from Virginia Union University's School of Theology. Reverend Smith serves as pastor of the First Baptist Church of Vienna and as an adjunct professor at the Howard University School of Theology. He is also the immediate former moderator of the Northern Virginia Baptist Association and was elected in June 2003 as Vice President of the Baptist General Convention of Virginia. During his time as pastor of the First Baptist Church, Reverend Smith has been a model of positive influence in the community. His congregation has partnered extensively with Habitat for Humanity and built several houses for needy families, contributing both labor and funds for materials. Through Reverend Smith's leadership, the church adopted Shelter House, a shelter located in Falls Church, Virginia for homeless families. First Baptist Church has provided Shelter House with toys, gifts, funding and other resources for the residents since 1990. Reverend Smith's dedication to his community has been recognized by many awards including the Dean's Pastor's Award from the Howard University School of Theology, the Outstanding Achievement in Religion Award from the Howard University Alumni Club of Northern Virginia, the Religious Affairs Award from the Fairfax County Branch of the NAACP, and the Outstanding Leadership Award from the Northern Virginia Baptist Association. He has also been honored by Horizon Community Outreach Group, Fairfax County Public Schools, Old Dominion Bar Association, and the Fairfax County Human Rights Commission. Reverend Smith has been an invaluable asset to the Northern Virginia community. He deserves to be commended for his work in the community and on his time as president of the Fairfax County Branch of the NAACP. Mr. Speaker, in closing, I would like to express my gratitude to Reverend Kenny Smith for all of his efforts on behalf of Northern Virginia. He has served his community well, truly meriting recognition. I call upon my colleagues to join me in applauding Reverend Kenny Smith's accomplishments and in wishing him the best of luck in all future endeavors.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to congratulate Neal McBride for being recognized as 2005 Citizen of the Year by the Mount Vernon Council of Citizens' Associations. This special honor is truly well-deserved. Mr. McBride has been an active member of the community within the South County region since the late 1980's. He has served as the chair or coordinator for numerous civic groups including the South Run Coalition, South County Schools Alliance, the Laurel Hill Development and Arts Center and the Cold War Museum. In addition, McBride has also served as an officer with the Federation of Lorton Communities and Newington Forest Community Association. He is director-at-large of the Occoquan Watershed Coalition, a member of the Lorton Heritage Society, a Lorton Arts Foundation Advisory panelist and a member of the Laurel Hill Planning Task Force. In 2003, Mr. McBride was honored by the Fairfax County Board of Supervisors with the title of ``Lord Fairfax.'' Mr. McBride, a retired health care management specialist with the U.S. Department of Veterans' Affairs, has lived in South Springfield since 1981. Mr. Speaker, in closing, I would like to express my gratitude to Neal McBride for all of his efforts on behalf of the Mount Vernon area. He has served his community well, truly meriting recognition. I call upon my colleagues to join me in applauding Mr. McBride's past accomplishments and in wishing him the best of luck in all future endeavors.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to honor the Occoquan Watershed Coalition (OWC) of Fairfax County, Virginia. Established in 1994, the Occoquan Watershed Coalition is a nonpartisan, broad-based citizens group that works to improve communication and expand dialogue regarding major issues concerning the Springfield District portion of this environmentally sensitive region. The coalition actively works with the Virginia General Assembly, the Virginia Department of Transportation, and citizen and homeowner associations to protect and improve both the environment and the quality of life of the area's residents. Specific examples of the OWC's efforts include their involvement in the closure of the Lorton Prison Complex and subsequent redevelopment of the area. The coalition also closely monitored numerous transportation decisions including the refurbishment of the Yates Ford Bridge and paving of Yates Ford Road. Mr. Speaker, in closing, I would like to thank the Occoquan Watershed Coalition for 10 years of dedicated service to its community. I call upon my colleagues to join me in applauding the OWC's past accomplishments and in wishing the program continued success in the many years to come.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise this evening in support of S. 686. This legislation would allow either of Terri's parents to bring suit in federal court for the violation of any right under the constitution or laws of the United States relating to ``the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain Ms. Schiavo's life. What we are doing is providing Terri Schiavo the same legal protections that we afford a convicted criminal who has been sentenced to death. A Florida judge has issued an order that will have the effect of ending Ms. Schiavo's life, so the least we can do is allow a federal court to review the matter. If we ensure murderers and rapists the benefit of a federal review, we should do it for this helpless woman. This is a terribly difficult issue for all those involved--not just Ms. Schiavo's parents and siblings, but also her husband. I realize he would prefer Congress stay out of the matter entirely. However, the 14th Amendment states that ``no state shall deprive any person of life . . . without due process of law.'' In this case I believe it is entirely appropriate that we err on the side of caution--all we're doing is seeking a federal review of what has happened in the state courts to ensure that all constitutional rights, all of the basic protections that we afford a criminal, have been afforded to Terri Schiavo as well. As medical technology continues to improve, we are left with many difficult questions--``right to die issues,'' therapeutic cloning and stem cell research issues. These are questions I sometimes doubt we as men and women are truly capable of answering. In these cases the only thing we can do is follow the law, and the law provides for the opportunity for federal review in cases where a person will be put to death. Thus, I believe Terri Schiavo too deserves this opportunity. This entire case hinges on what Terri Schiavo herself would have wanted. I am aware of the cases in Florida state courts and the findings they have reached, both in terms of what they believe Ms. Schiavo would have chosen and the likelihood that new treatments could improve her condition. But in this instance I believe we should be as thorough as possible, which is why I support this legislation.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Speaker, I include the following exchange of letters between Chairman F. James Sensenbrenner, Jr., of the Committee on the Judiciary, Chairman Peter Hoekstra of the Permanent Select Committee on Intelligence and myself. Committee on the Judiciary, House of Representatives, Washington, DC, March 14, 2005. Hon. Tom Davis Chairman, Committee on Government Reform, House of Representatives, Washington, DC. Dear Chairman Davis: In recognition of the desire to expedite floor consideration of S. 384, ``To extend the existence of the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group for two years,'' the Committee on the Judiciary hereby waives consideration of provisions of the legislation within the Committee's Rule X subject matter jurisdiction. Specifically, S. 384 extends the operation of the Nazi War Criminal Interagency Working Group established by Public Law 105-267. Section 3(b) of Public Law 105-267 created certain exceptions for the disclosure of records obtained by the Working Group. Section 3(b)(2)(A) excepts the disclosure of information that would ``constitute a clearly unwarranted invasion of personal privacy.'' This matter falls within the Committee on the Judiciary's subject matter jurisdiction under rule X(l)(l)(5)(``Civil liberties''). Section 3(b)(2)(C) also excepts the disclosure of information that would ``reveal information that would assist in the development or use of weapons of mass destruction.'' This matter falls within the Committee on the Judiciary's subject matter jurisdiction under rule X(l)(l)(19)(``Subversive activities affecting the internal security of the United States''). In addition, section (3)(c) creates an exception to the National Security Act of 1947. This section implicates the Committee on the Judiciary's jurisdiction under rule X(1)(1)(19)(``Subversive activities affecting the internal security of the United States'') Finally, Section 3(3) pertains to the disclosure of records ``related to or supporting any active or inactive investigation, inquiry, or prosecution of the Office of Special Investigations of the Department of Justice.'' This matter falls with the Committee on the Judiciary's subject matter jurisdiction under rule X(l)(l) (``The judiciary and judicial proceedings, civil and criminal.'') S. 384 also extends the operation of the ``Japanese Imperial Government Disclosure Act'' (Public Law 106-567), which expanded the scope of the Working Group to encompass the examination of crimes committed by the Japanese government during World War II. Section 803(b)(1) of this legislation excepts the disclosure of information that would ``constitute a clearly unwarranted invasion of personal privacy.'' This matter falls within the Committee on the Judiciary's subject matter jurisdiction under rule X(l)(l)(5)(``Civil liberties''). Section 803(b)(3) also excepts the disclosure of information that would ``reveal information that would assist in the development or use of weapons of mass destruction.'' This matter falls within the Committee on the Judiciary's subject matter jurisdiction under rule X(l)(l)(10)(``Subversive activities affecting the internal security of the United States''). Finally, Section 803(d) pertains to the disclosure of records ``related to or supporting any active or inactive investigation, inquiry, or prosecution of the Office of Special Investigations of the Department of Justice.'' This matter falls with the Committee on the Judiciary's subject matter jurisdiction under rule X(l)(l) (``The judiciary and judicial proceedings, civil and criminal''). The Committee on the Judiciary takes this action with the understanding that the Committee's jurisdiction over these provisions is in no way altered or diminished. I would appreciate the inclusion of this letter and your response to it in the Congressional Record during consideration of S. 384 on the House floor. Thank you for your consideration in this matter. Sincerely, F. James Sensenbrenner, Jr., Chairman.

Mr. TOM DAVIS of Virginia

Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, let me address my friends on the other side, because they are aware of our traffic problems in Northern Virginia where we have tried to get infusions of money to take care of the second-largest traffic jams in the country, and we have arrived at something called the HOT lanes, these high-occupancy toll lanes that we are looking at for a public-private cooperation that we would use along the Beltway and possibly I-66. This is a partnership. The Federal Government will fund part of it, but there is just not enough money in the highway bill, or at least we have not been able to get enough money out of the highway bill, if the gentleman would help on that there would be no need for this amendment, to build these extra lanes. We have the private sector coming in and building the lanes, and then the users do the tolls on the lanes, and that is how we lay asphalt. Because there is not enough money at the State, local, and Federal levels to lay enough asphalt on these lanes; and so we are using tolls in some of these areas. The current bill contains several provisions that make it difficult for us to collect tolls on the interstate highway without trying to decide how much money people make, and there is almost a means testing into who uses them. It is very, very difficult to determine how much you are going to collect to get your bonds, what percent are low income and what percent are high income, and so we basically knock that out of the current language in this legislation. I support the provisions that allow the high-occupancy tolls, but I am concerned about the requirement for States to establish procedures to permit low-income individuals to pay reduced tolls. These are user fees. These are not taxes. This requirement would impose unmanageable requirements on those States who would otherwise like to make use of these tolling provisions, and in our case it is the only way we can lay down new pavement. The Commonwealth of Virginia now seeks to use toll provisions to finance several important projects, including widening of the Capital Beltway, adding HOT lanes to I-95, and adding dedicated truck lanes on I-81 in the Shenandoah Valley. The Capital Beltway HOT lane proposal, which would greatly benefit my constituents, as an example, is a public-private partnership. In addition, the I-81 partnership is another example. These partnerships are increasingly important as Virginia and, I think, other States in the Union grapple with massive infrastructure needs that are not met, even though this bill will help toward our final results. In this instance, the ability of tolls on a HOT lane to pay for construction has been determined by cost-benefit analysis, which would be skewed by some users not paying the full toll. As we look for these public-private partnerships to take over construction of some road projects, it is important not to set a precedent for eliminating or reducing tolls which could affect bond financing. In addition, the cost of a bureaucracy to administer a reduced-toll program would add tremendously to the cost of operating a toll facility and I believe would provide a strong disincentive for private investment. The existence of automated tolling technologies does not address the issue. The most fundamental question is how the Department of Transportation would determine the income. It seems to me this would be extraordinarily problematic and would make tolling an impractical option. Tolls are user fees, not taxes. There are currently no tolling facilities in the country that provide an income-based discount. Furthermore, no other highway-user expenses are regulated by the Federal Government to require discounts based on income: not the gas tax, not the price of automobiles, and not the price of auto insurance. Why do we single out tolls? Finally, I want to make clear that while I do not think that income- based tolling is a viable solution, my amendment would not stop anybody from doing it. The Governor of Virginia does not think it is practical, but the Governor of another State might have another view, and that flexibility would remain in this legislation if my amendment passes. Frankly, I would be interested in seeing how a State might implement income-based tolling. But this provision would amount to a considerable mandate upon the States, a mandate I do not believe we should add to their already full plate with growing transportation infrastructure needs. This just takes some of the flexibilities we are trying to employ outside the box now off the table. So, Mr. Chairman, I would hope the House would adopt this amendment. Mr. Chairman, I reserve the balance of my time.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield 30 seconds to the gentleman from Virginia (Mr. Moran), my colleague and friend from Northern Virginia.

Mr. TOM DAVIS of Virginia. Mr. Chairman, I offer an amendment.