Nathan Deal

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Mr. Speaker, I ask unanimous consent to give my special order in the place of the gentleman from North Carolina (Mr. Jones).

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Mr. Speaker, last Saturday, I attended a birthday party in Ellijay, Georgia. It was not an ordinary birthday party. The honoree, Lieutenant Noah Harris, was not physically present. He had been killed in Iraq the week before. But his spirit engulfed all of us as we celebrated the life of this extraordinary young man. I first met Noah Harris several years ago when he served as an intern in my Washington office. I had been told that he was something special, and after meeting him, I certainly knew that was true. To become a State wrestling champion, an outstanding football player, the leading actor in his school drama and a Presidential Scholar requires someone special. To be a friend to people from all walks of life, to excel in everything that he undertook, to dare to dream big dreams takes someone special. After September 11, 2001, Noah Harris, who was a senior, in his senior year in college at the University of Georgia, wanted to join the Army ROTC program. He was told that that was normally too late to qualify, but because of his outstanding credentials, he was accepted and was later commissioned as a second lieutenant. As we attended the ceremony and listened to his commanding officer who told a story of the fact that he had understood that this young man was the captain of the cheerleader squad at the University of Georgia, he decided to pick on him for hand-to-hand combat, not knowing until the day of his funeral that he had been the State wrestling champion. Needless to say, this champion wrestler soon taught his commanding officer with a wink and a smile that you just do not pick on cheerleaders. In Iraq, Lieutenant Noah Harris was proud of what he and his buddies were doing. He loved the children of Iraq. And he soon started distributing Beanie Babies to them. His niece, in her school back in the States, started a program to raise money to buy Beanie Babies to send to Noah, and he would distribute them to the children in Iraq. That program continues today. To lose your only son a few days before his 24th birthday is a heavy burden for any parent. But last Saturday, Lucy and Rick Harris celebrated the life of their son with friends who had known Noah as he was growing up. We were given replicas of his dog tag and a special sticker that I hold now. I am told that it translates, ``We all love Iraq.'' His mother says that Noah would say the words and the Iraqis would laugh probably because of his Southern accent. As I approached Ellijay, Georgia last Saturday, there were yellow ribbons on both sides of the road as far away as 20 miles out. It was a time for a small rural community in the mountains of north Georgia to celebrate the life of a unique young man. They had watched him grow up. They had celebrated his achievements, and they were part of the mold that had shaped his life, and they were proud. We all were proud to have been touched by Noah Harris. His spirit will live on in the lives of all of us. To his parents, Lucy and Rick Harris, I extend my appreciation for the example that they have set and for the service their son gave to our country. Noah Harris is a true patriot. His courage, his self- discipline, and his compassion should be the standard for all of us. His was a life well lived. May his soul rest in peace.

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Mr. Chairman, I offer an amendment.

Mr. DEAL of Georgia. Mr. Chairman, I yield myself such time as I may consume. The amendment specifically excludes international narcotics control, and law enforcement money would not be subject to being withheld. That answers one of the concerns of the chairman. I do not know all the countries, but I can tell you some. Mexico, no sentence of life imprisonment or greater; Costa Rica, no sentence of more than 50 years; Spain, no life sentence; Venezuela, any sentence over 30 years; and Portugal, any sentence over 20 years. Now, I gave the hypothetical of a 4-year-old girl raped and murdered and suspects fleeing over the border. In my county, this past weekend, a 4-year-old girl, about 3 feet tall, weighing less than 40 pounds, was brutally raped and murdered. The only suspect, the chief suspect, is now thought to have fled back across to Mexico. This is an individual who was deported from the United States less than 2 years ago and now is being sought again. There is no way that our district attorney will be able to prosecute that case unless we agree that we are going to reduce it to substantially less than an American citizen would be charged with under the same circumstances. I withdrew an amendment very similar to this last year in deference to the chairman and upon the assurances that the State Department would work to change the situation as it relates to Mexico. There has been no change. Mr. Chairman, they may say that they are proud of extraditing 30 individuals last year to the United States, but in any district attorney's office in Southern California alone, they can tell you of hundreds of murder cases where extradition has not been achieved. And so I urge the adoption of the amendment.

Mr. DEAL of Georgia. Mr. Chairman, I demand a recorded vote.

Mr. DEAL of Georgia. Mr. Chairman, I would inquire as to how much time remains for me.

Mr. DEAL of Georgia. Mr. Chairman, I reserve the balance of my time.

Mr. DEAL of Georgia. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, the amendment that I have at the desk relates to the growing problem of lack of extradition of criminals who committed violent offenses in the United States and then flee across our borders and are not able to be returned by way of extradition. This is a growing problem. It is a problem for a country such as ours that now has an estimated 11 million people illegally in our country. Mexico to our south has become a point of refuge. Many of the individuals who are committing these offenses are committing them and immediately fleeing to their home country of Mexico. Some are not quite so quick. Some are offenses such as the one we have heard in a previous amendment as it relates to the killing of a police officer in the line of duty, but it is a growing concern for all of the citizens of the States of this country and one that I think we need to begin to point a finger at. This amendment says that if you refuse to extradite for an offense that would have a life imprisonment or less, then if funds flow through the State Department, those funds would be withheld if they are refusing to extradite. Let me give my colleagues a scenario. Let us assume that you have two men who rape and brutally murder a 4-year-old child. One is a citizen of the United States. The other one is a citizen of Mexico who is illegally in the country. Both flee across the border to Mexico. The district attorney or the prosecutor in the circuit indicts them, and of course, in those kind of cases, they face either life imprisonment or, in some cases, capital punishment. Mexico will extradite the United States citizen back here. They will not extradite the Mexican citizen back unless the prosecutor agrees to lower the offense to a crime that would be less than a life sentence. Now, that is a hypothetical case. I will allude to the facts as they now exist in my community in a few minutes. Mr. Chairman, I yield 2 minutes to the gentleman from Iowa (Mr. King), my colleague.

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Mr. Chairman, I commend the following comments and questions, posed by the National League of Families of American Prisoners and Missing in Southeast Asia, to my colleagues as they consider relations between the aforementioned organization and the Defense POW/Missing Persons Office. I also ask that you note my June 20, 2005 floor colloquy with Mr. Young on this subject. Congressional Requests Prime Minister of Vietnam is visiting the U.S. June 21. The focus seems to be on economics, trade and religious rights. What about accountability? 1. Vietnam is NOT cooperating in ``full faith''. We have never had access to the Central Highlands since the War was over where hundreds of our Americans are Missing--no chance to interview witnesses who are dying who might have valuable information on crash and grave sights plus documents. 2. Two U.S. war ships have been allowed to come into Vietnamese ports but never a salvage ship that could recover remains from known crash sights off the coast. We have offered to make this an educational venture but denied access. Accountability should be a priority especially in a time of war--not just rhetoric but action. The families should be treated with respect. Why does Jerry Jennings, head of the Defense POW/MIA Office still have a job? He has been under investigation for sexual harassment and hostile environment charges by his staff + alleged misappropriation of government funds. He has tried for over a year to undermine the family organizations. Three groups have released a vote of No Confidence in Jerry and his leadership staffers. The league is very concerned over policy being pursued by the office assigned the responsibility within the Defense Department, headed by DASD Jerry Jennings. The President in 2002 and Secretary of State in 2004 defined criteria expected of Vietnam, namely unilateral actions that Vietnam should take to be fully cooperative, including on cases of Americans missing in Laos and Cambodia controlled by Vietnamese forces during the war. These pertain to unilateral provision of relevant archival records from ALL ministries and unilateral repatriation of remains that can't be recovered in the field with joint operations, for example Last Known Alive (LKA) cases where Americans were captured on alive on the ground in immediate proximity to hostile forces. If dead, their remains should be readily available to the Vietnamese, but could be sensitive in view of the many years withheld on manner of death, readily determined by the experts at CIL. We'd appreciate your reading this ``End-of-Year Policy Assessment,'' prepared at our request by our Policy Adviser Richard Childress, a retired U.S. Army COL who served on President Reagan's NSC staff as Director Political Military, then Director for Asian Affairs from 1981--1989 League is not interested re-fighting the war or placing blame; we just want answers for the families, not recriminations, on all possible cases, and we base our expectations on USG intelligence and logic. We're also deeply concerned over Mr. Jennings' handling of the U.S.-Russia Joint Commission on POW/MIA Affairs, a presidential commission that has been reduced in stature and effectiveness, despite having extremely talented staff within DPMO, the Joint Commission Support Directorate, or JCSD. The league has great confidence in JCSD's abilities, plus has been working hard to get active Senate and House replacements for vacancies or positions held by inactive Members of the House and Senate. We just succeeded in convincing Senator Saxby Chambliss to accept the Senate Republican position, but the Democrat Senator position is held by Senator John Kerry who has not participated at all in plenary or internal U.S. sessions. The House Democrat position is held by Rep. Lane Evans, but we understand his tragic illness impeded active participation, and we need active committed Members to signal the Russians that the U.S. is serious. Recently, Mr. Jennings' was reportedly appointed by the White House to assume the role of U.S. Chairman, an appointment that is too low level and without the prestige required for the Russian Government to take it seriously; they stated this fact to U.S. officials. Mr. Jennings was the Commissioner representing DOD, and that was fine, but he is not the appropriate level to be a Presidential Envoy serving as U.S. Chairman; thus, we also oppose him in this second position. The League has received countless complaints from DPMO staff members and we are VERY concerned about internal disruption, even implosion, of this organization that would not exist if were not for the League's efforts over the years that raised the priority. We've been informed that there are at least six official complaints against Mr. Jennings for hostile workplace environment, including one for sexual harassment, that are now under investigation by the DOD Inspector General's office. Our Executive Director Ann Mills Griffiths was interviewed a couple of weeks ago, and the Chairman of the Korea/Cold War Families of the Missing was reportedly being called today; we strongly oppose Mr. Jennings continuing as DPMO Director, his third position. Our objections to Mr. Jennings are focused 1st on policy weaknesses and the manner in which he develops policy without substantive interagency integration and dismisses Vietnam's ability to provide answers, 2nd on his hostility toward the families, and 3rd his attempts to take total control of our annual meetings AND operations of the Joint POW/MIA Accounting Command and all DOD-related organizations. Mr. Jennings plan is increasing DPMO control over operations, and he has several senior personnel assigned to this task, already having published an innocuous-sounding Strategic Plan, but the real agenda is fussy in its portrayal. Close attention by Congress is his greatest fear, as careful scrutiny would reveal greater intrusion into operations, inappropriate behavior toward DPMO staff and employees, mismanagement of tax-payer funds allocated for the POW/MIA accounting effort, implementing plans to circumvent GS guidelines and attempts to subvert the League and other nonprofit, humanitarian organizations. Our Board of Directors unanimously voted NO CONFIDENCE in DASD Jennings and the current leadership of DPMO; we are joined by unanimous vote of the Korea/Cold War Families of the Missing Board of Directors, headed by Irene Mandra, New York. Both have provided our separate views to Dep. Sec. of Defense Paul Wolfowitz and Assistant Secretary, International Security Affairs, Peter Rodman, as has The Chosin Few, the organization of Korean War veterans who survived the horrible battles at the Chosin Reservoir; their vote was straightforward--to seek Mr. Jennings' removal. DPMO staff were directed to revise their charter documents to ensure that DPMO is the sole USG organization to negotiate with foreign governments, speak to Congress, the media, the veterans' community and the families on the issue, take control of all field operations worldwide, and to find a way to control and take over all annual meetings of POW/MIA families. They cite one provision of the DOD regulations pertaining to the ethics code to back their plan to take control of the League's annual meetings, but ignore the provision that allows all DoD elements to respond to invitations to participate in non-government conferences and events, as they routinely do for the Legion, VFW, DAV and countless other community groups, never seeking to control them, or their agenda and program. In S. 1245/H.R. 2996, the Defense Authorization Bill of 1983, Congress amended 157 of title 10, U.S. Code, to ``authorize the Sec. of Defense to provide transportation for next-of-kin of certain persons who are unaccounted for to attend annual national meetings sponsored by the National League of Families of American Prisoners and Missing in Southeast Asia. That authorization was amended by the 107th Congress to include the Korea/Cold War families by noting families of American military and certain civilians unaccounted for since the end of World War II, are entitled to DOD transportation to attend the annual meetings (plural). When we raised this to Assistant Secretary for International Security Affairs Peter Rodman, Mr. Jennings, who had joined the meeting, stated that ``Congressional intent is irrelevant.'' For the past year, the League has endured repeated attempts by Mr. Jennings and his immediate front-office staff to take total control of our annual meetings, not only the agenda during which the briefings are presented, but even selecting the hotel, setting the date, and holding Congressionally- authorized transportation as leverage to force the League to accede to DPMO's demands. Mr. Jennings has now gone too far, insisting on total control, contracted with another hotel in Crystal City, set the date one day earlier, has distributed his plan to all Vietnam War POW/MIA families and given instructions to the Military Services about transportation. For the good of the issue and our system of checks and balances, as well as unity in pursuing answers from what are mostly communist-controlled countries, Mr. Jennings' control mentality must stop. The League and the Korea/Cold War Families of the Missing have called for his removal, or resignation, in the best interest of the issue, the families and the USG, particularly DPMO employees, but also JPAC and other operational organizations and the Military Service Casualty Offices.

Mr. DEAL of Georgia

Mr. DEAL of Georgia. I thank the chairman again. I ask that upon completion of this report that it be submitted to the House Committee on Appropriations, the House Committee on Armed Services, and that it be made available to the personal offices of all members of the POW/MIA congressional caucus.

Mr. DEAL of Georgia. I yield to the gentleman from Florida.

Mr. DEAL of Georgia. Mr. Chairman, I move to strike the last word. Mr. Chairman, I wish to enter into a colloquy with the chairman of the subcommittee on the subject of the Defense POW/Missing Persons Office. It has come to my attention, Mr. Chairman, that the Defense POW/ Missing Persons Office, the DPMO, has received complaints from such groups as the National League of Families of American Prisoners and Missing in Southeast Asia and the organization of Korea/Cold War Families of the Missing. In particular these groups object to the DPMO's action in the following areas: one, the manner in which they have developed policy without substantive interagency integration and dismiss Vietnam's ability to provide answers; two, their hostility towards the POW/MIA families; three, their attempt to take total control of the League of Families' annual meetings and operations of the Joint POW/MIA Account Command; four, the use of the COIN Assist fund as a leveraging mechanism to control agenda of the League of Families. I specifically ask that a report be completed assessing the level of cooperation and interaction between the Defense POW/Missing Persons Office with the National League of Families of American Prisoners and Missing in Southeast Asia and the Organization of Korea/Cold War Families of the Missing and all other members of those organizations, particularly with respect to compliance with all applicable provisions of law. Further, I ask that the report be included in the Statement of Managers to accompany the conference report for this bill, H.R. 2863.

Mr. DEAL of Georgia. I thank the chairman. I would ask unanimous consent to insert certain documents into the Record. These documents represent and outline the various frustrations and concerns of the National League of Families of American Prisoners and Missing in Southeast Asia and should be considered and addressed by the Office of the Secretary of Defense and their report. I believe this report must reflect a comprehensive study of DPMO's guidance and policy initiatives. I am particularly concerned that the concerns of the National League of Families be seriously addressed. A report that merely waxes over such differences as a ``family feud'' would not be found acceptable.

Mr. DEAL of Georgia. I yield to the gentleman from Florida.

Mr. DEAL of Georgia. I yield to the gentleman from Florida.

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Mr. Chairman, I yield myself such time as I may consume.

Mr. DEAL of Georgia. Mr. Chairman, I yield 1 minute to the gentlewoman from Texas (Ms. Eddie Bernice Johnson).

Mr. DEAL of Georgia. I yield to the gentlewoman from Texas.

Mr. DEAL of Georgia. Yes, I can give the gentlewoman that assurance. I am sympathetic to the issue that she is concerned with. Our committee is more than willing to work with my colleague and her staff to try to coordinate that. We simply do not think that we ought to have grants that are duplicative of other programs that are there. For example, the Noble Training Center in Alabama, which I am sure the gentleman from Mississippi may be familiar with, has a specialized hospital that is engaged in training health professionals for this specific purpose. We simply think that we should coordinate the grants and that the Department of Health and Human Services is the appropriate agency to coordinate these grant programs. If the gentlewoman would be so kind as to withdraw her amendment, I can assure her that I and the members of our Subcommittee on Health will be glad to work with her to try to achieve the goals that she has in mind with this amendment.

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Mr. Speaker, as a member of the Committee on Energy and Commerce, the Committee that has jurisdiction over the issue of Medicaid, I would like to talk about that subject for just a minute, the most expensive health care program we have in this country, costing over $300 billion last year alone. The question is, where are the Governors on this issue? Sure, every Governor would like to have more Federal dollars. But the truth is that they are telling us they cannot really afford, in a matching program as Medicaid, the money that we are providing in many instances now. That is why a Democratic Governor of Tennessee is having to cut over 323,000 recipients off the Medicaid rolls. That is why the same pattern is being repeated in other States. What would they rather have more than more money or a normal growth pattern? They want reform. The only way we are going to get reform of the Medicaid system is to pass this budget resolution. Why does it need reform? Every State is now spending more on their contribution to Medicaid than they are spending on elementary education and on secondary education. It is on a road to disaster. The Comptroller General tells us that. Governors say it is something that is going to melt down and take all of their State budgets unless we have reform. If you want to go home and explain to your Governor and to your people why you voted against an opportunity to reform the most expensive part of their State budget, then vote against the budget resolution. If you want to vote for reforms that will include increasing personal responsibility which, when your hospitals tell you that over half of their emergency room visits are for nonemergency reasons, and that the majority of those are Medicaid recipients, simply because there is no personal responsibility built in the program, and you want that to be the status quo, then vote against the budget resolution. If you want what every Governor is saying, on a Democrat and Republican basis together, if you want reform of this program, vote for the budget resolution.

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Madam Speaker, I thank the gentleman for yielding me this time. As I look across the aisle, I see some of my colleagues who work with me on the Committee on Energy and Commerce, and I truly believe that all of us want to do what is right. We want to find a solution. The fact is that the issue is one that on a bipartisan basis Governors say has to be dealt with. In fact, as recently as only over a week ago, Governor Mark Warner, a Democrat Governor of Virginia, who is the chairperson of the Governors' Association, National Governors' Association, made this comment: ``We are on our way to a meltdown.'' That is the message that we hear repeatedly when we talk with Governors. And the reason is that the cost of Medicaid to States has now exceeded the cost of both elementary and secondary education in their State budgets, and they need relief. The relief that they seek in the current system is to come to Washington and ask for a waiver. And repeatedly, Governors come and say to us at the Federal level, the program that you have in place is too rigid. It does not allow us the flexibility to deal with the problems that we face in our State to give the best health care to our citizens. So they are asking for waivers. I, for one, and I commend the gentleman from Iowa (Chairman Nussle) for his efforts in this regard; I believe that now is the appropriate time for us to give the Governors that relief. I think that relief should come in the form of changing the program. I had a Governor recently who said his approach to it is to ask the question, if you were drafting Medicaid today, would it look like what it looks like now? And everybody agrees it would not. So I think this is an opportunity, one that we should not allow to be bypassed, one that we should work cooperatively across the aisle here in this body, as the Governors are working in a bipartisan fashion of their own. The gentleman from Iowa (Chairman Nussle) alluded to some points that the Governors have agreed to on a bipartisan basis, and certainly those are very significant. The score that I see now is about $8.6 billion on the score that I have seen on the parts that they have agreed to. I think there will be more. I think we will hear some very innovative suggestions from the Governors, and I think that if we work together and put aside our partisanship and try to do what is not only best for the citizens we represent in our congressional districts, but what our Governors do in our respective States and, working together, we will arrive at a solution.

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Madam Speaker, today I pay tribute to a close personal friend, a mentor, a dedicated public servant and a respected attorney, Robert E. ``Bob'' Andrews of Gainesville, Georgia. Bob was many things to many people: a devoted husband who was always concerned about Katherine's welfare; a proud father whose home and office were decorated with pictures of his children; a decorated war hero who remained a patriot in the defense of freedom; a skilled attorney whose advice and counsel were sought by many; a legislator who brought leadership and insight to the Georgia General Assembly. But, above all, he was a caring and compassionate southern gentleman. Bob Andrews was a man of faith. His faith in God was the earnest money for his blessings of family, friends and health. His faith in himself was the manifestation of a purpose-centered life. Bob liked to laugh. He could always tell a funny story from his early years as a practicing attorney when the courtroom was the focal point for community entertainment. It was in that environment that he honed his skills in cross-examination and oral argument. Bob was a true student of the law, who loved and respected its discipline. His library table was always piled high with appellate reports that reflected his meticulous attention to the details of his profession. He valued knowledge, political dialogue and common courtesy. Bob Andrews was a kind person. In a profession that is often noted for its viciousness, Bob was an attorney whose most severe rebuke of someone would come when he would wrinkle up his nose and simply say, ``He just should not have done that.'' As the passage of years and declining of health took its toll on his mobility, he never lost his sharp mind, except on one occasion when I visited him for a second time at the hospital. I commented that this was a different room than on my prior visit. Bob laughed and said that all hospital rooms looked the same to him. I am thankful that he did not have to spend more time there. The psalmist described a blessed man, in part, is one who is like a tree planted by the rivers of water, that bringeth forth fruit in his season. Bob Andrews was a blessed man who, in turn, blessed us as he shared the fruits of his labor and allowed us to learn and grow in the shade of his branches. If God allows lawyers into heaven, and I believe he does, Bob Andrews is there regaling the saints with his exploits and humorous commentary on his passage through this life; and God must be smiling as he listens to a good man who did his best.

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Madam Speaker, I ask unanimous consent to claim the time of the gentleman from Indiana (Mr. Chocola).

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Mr. Speaker, I would like to commend the Leadership in the House and Senate for working together for a rapid compromise on legislation to allow for the relief of the parents of Terri Schiavo, and I rise today to support the bill. Terri Schiavo's struggle to live has been emotionally trying for anyone who has followed the case, let alone the incomprehensible emotions being faced by her family and caretakers who are directly involved. I, presumably like most Members of Congress, hoped to see the issue of Terri Schiavo resolved without Congressional intervention. While I do not feel it is the role of Congress to make medical decisions in the case of Terri Schiavo, I do feel it is our role to ensure her parents' opportunity to fight for their own daughter's life before a Federal court. Moreover, I feel whenever there is doubt and question and disagreement as to what a person in Terri's condition would want for herself, government must always protect one's right to live. I continue to pray for Ms. Schiavo and her family, and for the strength they need to endure this emotional trauma. Every life is worthy of protection, and given the circumstances surrounding this case, I support the efforts being taken to save her life.

Mr. DEAL of Georgia

Mr. DEAL of Georgia. Mr. Speaker, I inadvertently missed rollcall vote 52 on the final passage of H.R. 841, ``Continuity in Representation Act.'' Had I been present, I would have voted ``aye.''