Jimmy Duncan

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I ask unanimous consent to assume the time of the gentleman from Minnesota (Mr. Gutknecht).

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, regardless of how one feels about the Terri Schiavo case, and regardless of whether one is a liberal or a conservative, everyone should be concerned that the judiciary seems to be setting itself up as a type of superlegislature. Our Founding Fathers clearly did not mean for the judicial branch to be superior to or more powerful than the legislative and executive branches. A Member of the other body, former State supreme court justice, the gentleman from Texas (Mr. Cornyn), made some very serious charges on the floor of the Senate Monday. He said, ``It causes a lot of people great distress to see judges use the authority they have been given to make raw political or ideological decisions.'' He added that ``sometimes the Supreme Court has taken on this role as a policymaker rather than an enforcer of political decisions made by elected representatives of the people.'' The reason people on both sides of the political spectrum should be concerned about this judicial power grab is that the political pendulum swings. Sometimes conservatives control legislative bodies; sometimes liberals do. Would liberals someday want conservative judges overruling their legislation? The Schiavo bill was very narrowly drawn to apply to just that case at the request or insistence of more liberal Members of both the House and Senate. Then some liberals in the media, in Congress, and in the courts criticized the bill as being too narrowly drawn. One judge, showing great arrogance, even scolded the Congress for acting, issuing a bitter non-judicial type of an opinion. I served for 7\1/2\ years as a circuit court or State trial court judge in Tennessee. I have great respect for the legal profession and the judiciary. When I attended George Washington University's law school in the early 1970s, I took a course in legislative law. We were taught then that the courts were not legislatures. They were not to be political bodies, and they were to give great deference to the actions of the Congress and the State legislatures. In fact, we were taught, through a great amount of case law, that the primary role of the courts was to try to determine legislative intent, not to try, whenever possible, to overrule it anytime judges might disagree for personal and/or political reasons. The intent of the Congress was clear in the Schiavo case, with the bill passing the House 203 to 58 with strong support from both bodies and by unanimous agreement in the Senate. Are we now to have some type of judicial dictatorship? Thomas Jefferson, in a letter written in September of 1820, said this, responding to the arguments that Federal judges should be the final interpreters of the Constitution: ``You seem to consider the Federal judges as the ultimate arbiters of all constitutional questions, a very dangerous doctrine, indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have with others the same passions for the party, for power, and the privilege of the corps. Their power is the more dangerous, as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal.'' A quote from Thomas Jefferson. Alexander Hamilton, writing many years ago in Federalist Paper No. 81, said: ``To avoid all inconveniences, it will be safest to declare generally that the Supreme Court shall possess appellate jurisdictions that shall be subject to such exceptions and regulations as the national legislature may prescribe. This will enable the government to modify this in such a manner as will best answer the ends of public justice and security.'' All judges are elected or appointed through a political process, yet many do not like to admit this either to themselves or to others. So they sometimes go to extremes and bend over backwards to prove how nonpolitical they are. They leap at the opportunity to rule against a political defendant or show their power by overturning a political decision by Congress or some other legislative body. Federal judges in particular are not only unelected; they are, as a practical matter, almost totally unaccountable. Thus they have very great power, which is very easy to abuse. For most of the history of this country, Federal judges exercised this power with great restraint, giving great deference to legislative bodies. For many years now, however, we have had far too many judges who have lost their humility and have not shown this same restraint. In the process of trying to show how nonpolitical and above politics they are, they have ironically become more political than ever before. This has become so common that now a majority of people in this country have become upset with government by the Judiciary instead of by coequal legislative and executive bodies. We are going down a dangerous path, Mr. Speaker, and one that was clearly not intended by our Founding Fathers or the Constitution they gave us. We are supposed to have a government of, by, and for the people, not one that ignores clear legislative intent and becomes one that is only of, by, and for the courts and of, by, and for very political and power-hungry judges.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, today I would like to honor one of the finest men I have ever known and a long-time family friend, Tutt Bradford. Tutt served as publisher of The Daily Times in Maryville, Tennessee, from 1955 until 1985. He was a highly respected voice for Blount County and an advocate for its residents throughout those three decades and continues to contribute to the paper's opinion pages on a regular basis. Tutt's peers long ago recognized him as one of East Tennessee's greatest journalists. They rewarded him with a coveted spot on the Southern Newspaper Publishers Association Board from 1968 until 1970 and then elevated him to President of the Tennessee Press Association in 1974. In addition to tremendous achievements in the field of journalism, Tutt can also claim many accomplishments within his community. Among other endeavors, he has served on the boards of countless charitable organizations, promoted higher education, and worked to improve the quality of life among all East Tennesseans. Tutt's contributions to his community have been recognized on numerous occasions. The United Way of Blount County recently named its endowment program in his honor, and he is a past recipient of the University of Tennessee's Volunteer of the Year Award. The National Society of Fund-Raising Executives even named Tutt its Outstanding Philanthropist of the Year in 1991. The complete list of Tutt's awards could fill several pages in the Record, so I will not attempt to list them all. Needless to say, however, he is a man of strong character and great compassion who represents the values of Blount County remarkably well. The East Tennessee Chapter of the Society of Professional Journalists will pay tribute to Tutt June 18 when he serves as the honoree at this year's Front Page Follies. The annual event provides funding for communications scholarships by inviting local elected officials, journalists, and other community leaders to roast a guest of honor. I would like to call the attention of my colleagues and other readers of the Record to a recent Daily Times article regarding the 2005 Front Page Follies and a true Blount County treasure, Tutt Bradford. Journalists to Honor Bradford [From the Daily Times, Feb. 16, 2005] The 2005 Front Page Follies will honor Tutt Bradford, retired publisher of The Daily Times and a community leader who led and supported many causes in the area. Bradford was publisher of The Daily Times from 1955 to 1985. Prior to that, he was publisher of the Bristol (Va.) Herald-Courier and the Cleveland Daily Banner. He was a member of the Southern Newspaper Publishers Association Board from 1968 to 1970 and was president of the Tennessee Press Association in 1974. ``The East Tennessee Chapter of the Society of Professional Journalists is very proud to honor Tutt Bradford for his many accomplishments in the field of journalism,'' said Chapter President Dorothy Bowles. ``Equally impressive is the dedicated service that Tutt has given and continues to give to Tennesseans.'' Bradford was a member of the University of Tennessee Development Council from 1980 to 1983 and served on the board of Maryville College from 1974 to 1979 and from 1981 to 2003. He served on the boards of the Knoxville Symphony Orchestra, Knoxville Museum of Art, Thompson Cancer Survival Center, Lakeshore Mental Hospital, the Tennessee Technology Foundation, the Boys Club Foundation, the Blount Hearing and Speech Foundation, and the Blount Library Foundation. He was president of the Blount County Industrial Development Board from 1970 to 1972. Bradford has received many honors and awards. He was recipient of the Distinguished Service Award of the Bristol Junior Chamber of Commerce, and he received the Sequoyah Literacy Award from the Tennessee Historical Commission. Junior Achievement named him to the East Tennessee Business Hall of Fame in 1990. In 1994, the University of Tennessee named him Volunteer of the Year. The National Society of Fund-Raising Executives named Bradford Outstanding Philanthropist of the Year in 1991. He was president of the Blount County Chamber of Commerce in 1960 and president of the Kiwanis Club in Maryville in 1967. The Follies are scheduled for 6 p.m., Saturday, June 18, at the Knoxville Convention Center. The annual roast of newsmakers is sponsored by the East Tennessee Chapter of the Society of Professional Journalists and raises funds for communications scholarships at the University of Tennessee-Knoxville and Pellissippi State Technical Community College. This year's skits and songs will feature Vols football coach Phillip Fulmer in ``The People's Court,'' state Sen. Tim Burchett and his ``shadow,'' ``Hysteric Preservation'' highlighting Cherokee Country Club, and a legal battle royal with Knox County Mayor Mike Ragsdale, Sheriff Tim Hutchison, and Commissioner Wanda Moody. Local TV anchors and meteorologists will add their special brand of fun to the event.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, the World Trade Organization has now ruled the State of Utah cannot ban Internet gambling within its own borders. The WTO said if the ban was enforced, Utah would be impeding the rights of the small nations of Antigua and Barbados. Who would have ever thought that Antigua and Barbados would have more control over what goes on in Utah than the people of Utah themselves do? This is ridiculous. What have we come to? Utah State Representative Sheryl Allen commented on this ruling saying, ``It's not just gambling. The States are losing their authority in a lot of areas.'' Where are those people now who told us that membership in the WTO would not cause any loss of U.S. sovereignty? Mr. Speaker, we had plenty of free trade before the WTO even existed, and we could do so again. At the very least, we should renegotiate the terms of our membership to allow our States to prohibit Internet gambling if they wish to do so.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, a couple of weeks ago, the U.S. Supreme Court heard oral arguments in the case of Kelo v. City of New London, a Connecticut eminent domain case which I think is one of the most important cases it will hear certainly during this term of court and for the future of this Nation. Nationally syndicated columnist Jeff Jacoby wrote a column about this on February 28, and he quoted Scott Bullock of the Institute for Justice. Listen to what Scott Bullock said, ``Every home, church or corner store would produce more jobs and tax revenue if it were a Costco or a shopping mall. If State and local governments can force a property owner to surrender his land so it can be given to a new owner who will put it to a more lucrative use, no home or shop in America will ever be safe again.'' Jeff Jacoby asks, ``But can government kick people out of their homes or businesses simply to make way for new development?'' No one gets concerned about the taking of property unless it is their property being taken. But this is getting to a very dangerous point in this country today. The whole history of eminent domain has been in large part taking land from the poor for the use and benefit of the rich and our government bureaucrats. Government at all levels in this country now owns or controls half the land and continuously wants more. You can never satisfy government's appetite for money or land. On top of this, government at all levels is continually putting more and more restrictions on the land that remains in private ownership. If this trend continues, Mr. Speaker, housing prices will continue to skyrocket. New homes will be built on much smaller pieces of land, and more young families will be crowded into high-rise apartments or townhouses. A very important part of the American dream, home ownership, will slowly fade away for many young people. Huge parts of East Tennessee, my home area, have been taken over the years from poor or lower-income families who would be rich today if they still had their land. Columnist Thomas Sowell recently wrote about what he called the ``misuse of the power of eminent domain'' and how government was taking property from working class people. Columnist Sowell said this, ``Those who are constantly denouncing greed almost never apply that term to what the government does, no matter how unconscionable it may be, as the routine misuse of eminent domain has become with its Robin-Hood-in- reverse redistribution of wealth.'' Many people do not realize how important private property is to our freedom and our prosperity. As I said a few minutes ago, the Federal Government now owns or controls over 30 percent of the land and State, and local governments and quasi-governmental entities now own another 20 percent. Half the land is in some type of public ownership, and government at all levels keeps taking more and more and putting more and more restrictions on the land that is still private. Richard W. Rahn, a senior fellow at the Discovery Institute, wrote recently, ``Government-owned land is removed from the tax base, so it not only costs everyone to maintain it, but the government also loses tax revenue. When land is removed from private use by government ownership or unreasonable use restrictions, it reduces the supply of land, thus driving up housing prices.'' Because of government taking or restricting use of land, more and more people are being forced on to smaller and smaller areas or developments. You can never satisfy government's appetite for land or money, and we desperately need to elect more people at all levels who will pledge to stop taking private property. As I have said, it is just impossible to satisfy government's appetite for land, and over the last 40 years or so, governments at all levels have been taking private property at a very alarming rate. Private property is an extremely important element for both our freedom and our prosperity. It used to be that eminent domain was used mainly to take private property for public use. Now, according to a column in the nonpartisan National Journal, condemning private property for private use is a booming national business. The magazine gave several examples, including the taking of Randy Bailey's 27-year-old brake shop in Mesa, Arizona, for a new chain store. This is happening in thousands of places all over the Nation. Jonathan Rauch wrote in the National Journal, ``In the last decade, it has become common for city leaders to define blighted as not developed as nicely as we would prefer or not developed by the people we would prefer. But property is held sacrosanct in America not to protect the rich and powerful, who always make out all right, but to protect the poor from the predations of the rich and powerful.'' He quoted in his column an official of the Institute for Justice, a law firm trying to protect private property owners, as saying ``this is now a major nationwide problem.'' Once again, I will say, I hope we elect more people to Federal, State and local offices who will stop taking so much private property. It sounds good for a politician to create a park, but then when that land is taken off the tax rolls, the taxes for everybody else have to keep going up. We are doing this at a very, very alarming rate, and we need to at least cut back on this. We cannot take care of all the national parks and State parks and local parks that we have in this country today, and we need to stop taking more, or we are going to ruin our economy, and we are going to take away an important part of the freedom that we have in this Nation.

Mr. DUNCAN

Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume. Let me just close by, first of all, thanking the gentleman from Illinois (Mr. Davis) for his words and especially thanking our colleague from North Carolina (Mr. McIntyre) for his great leadership on this legislation. I thank you for your noting the origins of the great game of golf in Scotland. As one who loves golf, and you mentioned golf jokes, I might just tell you that when I come in from playing golf and people ask me how I did, I just tell them unbelievable, and they can take it anyway they want to then. I think this is important legislation, and I will tell you why. There are very few countries that have as close ties as the United States and Scotland. We have mentioned many of those ties and much of that heritage here today. But until this day and until this legislation, those close ties between Scotland and the United States have not been recognized in any way by the United States House of Representatives. And so I urge my colleagues to support this very important resolution.

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

Mr. DUNCAN. Mr. Speaker, I yield such time as she may consume to the gentlewoman from Michigan (Mrs. Miller).

Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, H. Res. 41 expresses the sense of the House of Representatives regarding ``National Tartan Day.'' This is a resolution for which I have the privilege to be the primary Republican sponsor, and the primary sponsor on the Democratic side has been the gentleman from North Carolina (Mr. McIntyre). Each year, thousands of Americans of Scottish origin recognize April 6 as Tartan or Clan Day. Next month many events around the country will commemorate National Tartan Day at churches, festivals, and other social gatherings. In March 1998, the Senate designated April 6 of each year as National Tartan Day because that is the date the Declaration of Arbroath was drafted. The House no longer permits establishments of commemorations, but I am pleased to support National Tartan Day and salute all Americans who will observe this day. The consideration of this resolution also provides an opportunity to review an important time in world history. In 1296, King Edward the First of England invaded Scotland. The following year, Robert the Bruce responded by leading Scots in a revolt to regain their sovereignty. Members may remember Robert the Bruce as the leader who continued the Scottish rebellion after his comrade-in-arms William Wallace's death, as portrayed in the movie ``Braveheart.'' After years of conflict, the outmanned Scottish soldiers, led by Robert the Bruce, who had since been crowned King of Scotland, overcame the English at the Battle of Bannockburn in 1314. This battle was the culmination of Robert's struggle for Scottish independence. Afterwards, the Declaration of Arbroath was written and completed on April 6, 1320, most likely by the monks of Arbroath Abbey on behalf of the Scottish barons and nobles. The declaration was a letter, in Latin, sent to Pope John the 22nd because the Pope had yet to recognize Scottish independence. The declaration affirmed Scotland's determination to maintain its independence. Ultimately, the Pope was swayed by the Scottish appeal, and King Edwards, III, recognized King Robert and the independence of Scotland in 1328. The Declaration of Arbroath is undeniably the most important document in Scottish history, but it is also widely viewed as greatly influencing the American Declaration of Independence in 1776. Members can also see Scottish-American influence throughout the history of our great Nation. Thirty-five U.S. Supreme Court justices have been of Scottish descent. Nearly half of the Secretaries of the U.S. Treasury, and one-third of the Secretaries of State have been of Scottish origin. Nine of the signers of the Declaration of Independence were directly or indirectly descended from the Scots. And nine out of 13 Governors of the newly created United States were Scot or of Scottish descent. The 2000 census reported that almost 5 million Americans are of Scottish heritage, and 4.3 million of Scots-Irish descent. Madam Speaker, almost everyone who settled my home area of east Tennessee was of Scottish or Scots-Irish origin. The Scots-Irish were originally the poorest people in Scotland. Then they moved to Ireland and became the poorest people there. Then the Scots-Irish moved to the United States and became the poorest people here. They seem to have a knack for it. Scottish-Americans, however, also have a knack for working hard to preserve their ancestry and heritage. There are more than 200 organizations through the United States that honor Scottish heritage. In my district, the Scottish Society of Knoxville recently held its annual Robert Burns Night when they honored Scotland's most celebrated poet. Each year in Gatlinburg, right outside my district, Scottish- Americans from all over the country gather for the Gatlinburg Scottish Festival Games, or better known as Highland games. Festivities include throwing the battle axe, the kilted mile, and highland wrestling. Highland games like these are held all over the Nation. A few years ago, the airline magazine ``World Traveler'' of Northwest Airlines profiled my Scottish ancestry. In that interview I told them one cannot get much more Scottish than having the name Duncan, being Presbyterian, and having most of one's relatives coming from Scott County, Tennessee. Madam Speaker, I am proud of my Scottish and Scots-Irish heritage. I am pleased to join with the gentleman from North Carolina (Mr. McIntyre) in support of House Resolution 41. I thank him for offering this measure and urge its adoption. Madam Speaker, I reserve the balance of my time.

Mr. DUNCAN. Madam Speaker, I move to suspend the rules and agree to the resolution (H. Res. 41) expressing the sense of the House of Representatives that a day should be established as ``National Tartan Day'' to recognize the outstanding achievements and contributions made by Scottish-Americans to the United States.

Mr. DUNCAN. 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. Res. 41.

Mr. DUNCAN

Mr. DUNCAN. Mr. Chairman, I thank the gentleman from Wisconsin for yielding me this time, and I appreciate his recognition of my home area of East Tennessee. Native Tennesseans are more likely to tell you they are from East Tennessee or West Tennessee or Middle Tennessee than they are the State of Tennessee, and I am very proud of my section. Mr. Chairman, I rise in strong support of this very important legislation which will improve our transportation infrastructure and create millions of jobs. Our chairman, the gentleman from Alaska (Mr. Young) and subcommittee chairman, the gentleman from Wisconsin (Mr. Petri), as well as our ranking members, the gentleman from Minnesota (Mr. Oberstar) and the gentleman from Oregon (Mr. DeFazio), all good friends of mine, are to be commended for their great leadership on this bill. Mr. Chairman, this is the biggest jobs bill that we will vote on in this Congress. Every day, when we are travelling, we see men and women working on our highways and mass transit systems. By increasing our investment in transportation and infrastructure, we are increasing our investment in American jobs. In fact, the U.S. Department of Transportation estimates that every additional $1 billion invested by the Federal Government in transportation creates over 47,000 new jobs. While many of us would have liked to have seen a larger bill brought to the House Floor for consideration, this legislation will do so many good things. I also want to stress the importance of maintaining and improving our system of ground transportation in this country. No member of the Committee on Transportation and Infrastructure wants to pave over every inch of this country. However, if we are going to reduce congestion, improve safety and have a system where goods can be transported to market quickly and efficiently, we are going to have to make an investment and have to make improvements in our infrastructure. I believe the investment that this bill makes will help reduce congestion on our Nation's highways. One of our leading national magazines said recently that ``congestion costs the Nation about $67 billion a year. Americans waste 3.6 billion hours and 5.7 billion gallons of gas sitting in traffic, all at an average cost of $1,160 per commuter year.'' We also need to improve the safety of our roads so that we can save lives. Every 4 months, more deaths occur on our highways than have occurred in all aviation accidents since the Wright Brothers started flying over 100 years ago. I know some people have expressed their concerns about increasing the funding for transportation and infrastructure. However, we are now spending billions of dollars on terrorism due to the actions of just 19 terrorists in 2001. I believe we should do everything we can to protect this country from terrorism, but I also believe you can go overboard on almost anything. The very respected National Journal publication has pointed out that we are thousands of times more likely to die in an automobile accident than by an act of terrorism. We are currently spending billions and billions, hundreds of billions of dollars in other countries, through all kinds of foreign aid and activities. The funding contained in this bill comes from American highway users and should be spent here in this country. I do not have anything against helping other countries. However, I believe we can only continue to do this if we remain economically strong in this Nation. One of the keys to our economic growth in this country is to have a reliable system of transportation. I am urging my colleagues to support this bill. If you believe in job growth, safer highways, economic stimulation, cleaner air, less congestion and a strong America, then you should vote for this bill. Mr. Chairman, this is a bill that helps the economy, it helps the environment, and it saves lives. I do not see how we could do any better than that.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I rise today to pay tribute to a fellow Tennessean, but a man whom I never had the privilege of meeting. Samuel Francis was a nationally syndicated newspaper columnist and a leading voice of traditional conservatism. He passed away several days ago, just after the Congress had gone into recess, at the too-young age of 57 from complications after heart surgery. No two people, not even husbands and wives or best friends, agree on everything; and I did not always agree with Sam Francis. But I admired his courage. He was politically incorrect on almost everything, which made him right on most things, but also very controversial. He was a leading critic of neo-conservatives, Big Government conservatives who really are not very conservative at all. Raised in Chattanooga, Tennessee, Dr. Francis had a bachelor's degree from Johns Hopkins and master's and Ph.D. degrees from the University of North Carolina. Sam Francis did not believe in world government and multiculturalism. He was a patriotic American who put his own country first and was a brilliant and brave writer.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I was disappointed to learn that China is drafting an anti-secession law, aimed at annexing Taiwan. The Taiwanese people are very concerned with China's action and understandably so. China has long presumed that it and Taiwan are unified. However, the reality is, since 1949, they have been two nations existing side by side with neither having control over the other. The proposed law also assumes that the only outcome of cross-strait negotiation is annexation of Taiwan by China. This would deny the 23 million people of Taiwan the right to decide their own future and would go against the intentions of the Taiwan Relations Act. Many believe, if enacted, the law would be used to justify the legal basis for the Chinese government to punish anyone speaking or acting against the reunification of Taiwan and China. Moreover, Chinese leaders might that this law permits the use of force against Taiwan if China considers Taiwanese leaders to be engaging in separatist activities. Clearly, China is seeking to unilaterally change the status quo in the Taiwan Strait. If enacted, this law would destroy any good feelings the Taiwanese people might have gained for China through increasing economic interdependence. It would also make them less willing to sit down and discuss their future with China. In the end, military tension in the Taiwan Strait will rise, affecting regional peace and stability. This is not in the best interests of either Country. Mr. Speaker, we should all speak out against China's proposed law. It is a bad law with potentially serious consequences.

Mr. DUNCAN

Mr. DUNCAN. Madam Speaker, I rise in strong support of this resolution, and I want, first of all, to commend the gentleman from Colorado (Mr. Hefley) for introducing this resolution. The Boy Scouts emphasize God and family and country, and I will tell the Members this: there are many fine charitable religious and civic organizations in this country, but I do not see how there could be any that are finer than the Boy Scouts of America. I spent 7\1/2\ years as a criminal court judge before I came to Congress, trying felony criminal cases. I was told on the first day that I was judge that 98 percent of the defendants in felony cases came from broken homes. I went through 10,000 cases in that time, and I read thousands of times reports saying defendant's father left home when the defendant was 2 and never returned, defendant's father left home to get a pack of cigarettes and never came back. And I know that many outstanding people come from broken homes, but I also know that there are many young boys growing up in this country today without a good male role model in their lives. In fact, I remember one Friday afternoon going to National Airport after one of the horrible school shootings that we had in another part of the country where a junior high school boy had shot up a school, and the national head of the YMCA was on the CBS national news saying that children were being neglected in this country today like never before. I do not know if that is true and I hope it is not, but certainly it is an epidemic-type problem that the Boy Scouts are in the forefront of working against, of fighting, of trying to make sure that boys are growing up with good male role models and are growing up with good guidance in their lives and are not being neglected as never before like the national head of the YMCA said. Also, the gentleman from Colorado mentioned the ACLU. I know in the lead case brought by the ACLU, they received $690,000 in legal fees and $160,000 in court costs, $950,000 from the taxpayers. The gentleman from Indiana (Mr. Hostettler) has introduced a bill to not make the taxpayers pay those types of legal fees. We should pass that type of bill. But above all, the first good start is to pass this resolution, and I urge my colleagues to support this resolution and express our very strong support for one of the most outstanding organizations in this country today, the Boy Scouts of America.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, this month, the McMinn County, Tennessee Soil and Water Conservation District will celebrate its 50th anniversary. This milestone is much more than a birthday. It is a celebration of a voluntary conservation program that has involved more than 30,000 farmers, and other land users. This program has benefited thousands of East Tennesseans by implementing flood prevention plans, creating recreation areas, and putting many other soil conservation projects in place. I have enjoyed working with the McMinn County Social and Water Conservation District in the sixteen years I have served in the House. My father also worked closely with this program when he served in this seat from 1964 to 1988. Mr. Speaker, let me again congratulate the McMinn County Soil and Water Conservation for fifty years of excellent service to east Tennessee. I have enclosed a written history of the program that I would like to call to the attention of my fellow members and other readers of the Record. The History of the McMinn County Soil Conservation District The McMinn County Soil Conservation District was founded on December 28, 1954, The original charter members were Rex Moses, Clarence Miller, Carl D. Stager, J. G. Wilson, and J. K. Pickens. Conservation Districts are local government subdivisions established under state law to carry out a program for the conservation, use and development of soil, water and related resources. In 1972, The McMinn County Soil Conservation District, along with nine other sister districts, took an active part in the drive to establish the ten county Southeast Tennessee Resource Conservation and Development Districts. We met with other SCD Boards several times in making and submitting an application to the Secretary of Agriculture for and RC&D project. This project was approved and funded in September 1972. The Board asked for and received active support on this project from the County Council, City Governments, Farm Bureau, Chamber of Commerce, and others interested in the resources of McMinn County. The Sweetwater Creek Watershed District was organized in 1958 by local landowners with the help of the three sponsoring organizations--McMinn, Monroe, Loudon Soil Conservation Districts. A flood prevention plan for the Cities of Sweetwater and Philadelphia and all the low-lying land along the Sweetwater Creek from its origin in McMinn County to the outlet at the Tennessee River in Loudon County was completed in 1970. Sweetwater Creek Watershed Program is a local project with technical and financial assistance from the United States Department of Agriculture. The principal problems were floodwater and sediment damage to agricultural lands, industrial, commercial and residential properties and roads. There are 37,460 acres in this watershed. With the help of the sponsoring districts the watershed board requested funding from the three counties and the City of Sweetwater for operational and maintenance expenses in the amount of $6,600.00 annually. Funding was provided in 1974. Congress authorized funding for the Sweetwater Creek Watershed Project in July 1972. Without the help of the Honorable John Duncan, Sr., the project would not have been funded. The McMinn Board of Supervisors asked the County Council to budget $600 per year for maintenance of dams on the Sweetwater project. The council was very happy to comply with this request. Four flood retarding structures have been completed in McMinn County, channelization for the creek in the City of Philadelphia, and 9 miles of clearing and snagging of the creek between the Cities of Sweetwater and Philadelphia. The construction on the first flood retarding structure begins in October 1975. In 1989 the fourth flood retarding structure was completed. This was the final phase of the project for federal funding. The total cost of the work was 4.6 million dollars. Benefits to the area have been substantial. The Cities of Sweetwater and Philadelphia have not been flooded since the structures were built and the channelization complete. Every year the watershed board maintains the flood retarding structures and the channel. The retarding structures are mowed annually; any trees removed from the embankment, and eroding areas are seeded. The channel is inspected and cleared of any fallen trees, logs or trash that may cause problems. Sand bars are removed from the channel. Benefits to the area have been substantial. The Cities of Sweetwater and Philadelphia have not been flooded since the structures were built and the channelization completed. Preventing damage to the agricultural, industrial, commercial and residential properties has saved millions of dollars. The McMinn County Soil Conservation started Tree Day in March 1972. We gave away 10,000 white pines which were donated by Bowater. The District requested the assistance of the City of Athens to distribute the trees in 19--. Later, Arbor Day and the State Forest Service absorbed Tree Day. Citizens National Bank joined the District and City in sponsoring this event, which continues today. The County Council requested the District assist in planning and implementing a nine-acre recreation area at the County Landfill. The District supplied tuff-cote Bermuda sprigs for the ball fields and supervised planting and land grading. The District Board assisted in three seminars on landfill operations, and site selection at the request of the County Council, for visiting county officials, schools, health departments, etc. In 1982, the Chestuee Creek Special ACP Demonstration Area was co-sponsored by the Soil Conservation District. Approximately thirty-five thousand (35,000) acres of land in the McMinn County Soil Conservation District is within this watershed. At a dedication ceremony held in April, over 500 people from East and Middle Tennessee attended to close out this project. The Board of Supervisors was very proud to have had a part in the success of the Chestuee Creek project. This project brought over $1,250,000 in federal funds to the area. Many conservation practices were installed by local farmers, which they would not have otherwise been able to accomplish. The District signed a Memorandum of Understanding with McMinn County in March 1983. The Memorandum spells out the responsibilities of both parties in our joint conservation efforts. The district has been able to lead the state in many areas of conservation application because of the support of our County and City officials. The commitment to the conservation effort by these groups makes the job much easier and satisfying. The orphan strip mines continued to be a problem in the county. The District completed an inventory of these mines in 1984. Special funds were requested to reclaim these areas through a Special ACP funding for critical area treatment. We are awaiting approval of this project. Our Conservation District was pleased to have our local nominee named as a Five Star Farmer by TVA for outstanding soil conservation accomplishment. Lowry Dougherty won the award for the excellent progress to controlling erosion on his 240-acre dairy farm. In 1984, the Upper Oostanaula Creek Specal ACP Demonstration Area was co-sponsored by the Soil Conservation District. Approximately twelve thousand acres of land in the McMinn County Soil Conservation District is within this watershed. This is the second national project that has been approved for McMinn County. The Board of Supervisors was very proud to have had a part in the success of the Oostanaula Creek Project which brought over one million dollars in federal funds to the area. Many conservation practices were installed by local farmers, which they would not have otherwise been able to accomplish. Work was started on the Flood Hazard Study on Oostanaula Creek in October 1987, A series of public hearings were held in November and survey work has proceeded on schedule. The final plan was completed and ready for funding by September 1988. In 1987, a group of volunteer conservationists formed an ``Earth Team'' to assist the McMinn Soil Conservation District with their conservation programs. The members included Hugh ``Doc'' Lamb, J. Neal Ensminger, Harold ``Prof'' Powers, Herbert ``Dick'' Williams, F. W. Adsit, Rex Moses, Charles Engle, E. H. Looney, Clarence Streetman, and Ginger Wheeler. The McMinn ``Earth Team'' was the first recipients to receive state and national recognition for their volunteer efforts in conservation, They were cited by the National Association Conservation Districts for their exemplary volunteer efforts to attain conservation goals. They were honored at the NACD National meeting in February 1988 at Little Rock, Arkansas. The ``Keep McMinn Beautiful'' committee was formed as a direct result of the Earth Team. Some of the projects carried out by the Earth Team were: I. Conservation Education Program a. Conducted conservation school camps for city and county schools. b. Presented programs to civic and garden clubs. c. Contacted farmers to explain the provisions of the Farm Bill. d. Developed a forest information program for area woodlot owners. e. Assisted with conservation tours, meeting, etc. II. Water Quality Concerns a. Conducted an extensive public awareness campaign on the water quality problems in McMinn County. b. Developed a slide presentation on roadside litter and dumps. c. Assisted the county in locating suitable landfill sites. III. Formed a Speakers Bureau a. Sent out brochures to civic, school, and church groups on conservation speakers available for programs. IV. Conservation Application a. Located farm boundaries on maps. b. Compiled list of Highly Erodible Land (HEL). c. Assist with layout of strip cropping, animal waste systems and waterways d. Gather information on soil loss for SL-1 referrals. e. Contact farmers concerning sodbuster-swampbuster provisions of Farm Bill. In 1993, The Tennessee Department of Conservation and Environment published a list of all streams in Tennessee, which have water pollutants. Oostanaula Creek was identified as having pollutants nitrogen and pathogen. Best Management Practices were installed and cost shared through funds received from the Tennessee Department of Agriculture with the help of the Southeast Tennessee Resource Conservation and Development. Water Quality practices included stream fencing to prevent livestock having direct access to the creek, stream crossing, alternative livestock watering systems, conservation buffers strips and animal waste management systems The Farm Bills bring many programs under Conservation Compliance. To participate and receive benefits from USDA is voluntary to the farmer. The District strives to make program participation clientele friendly and manageable to the farmers as it can, while meeting conservation goals. In 1993, 484 landowners received assistance from Field Office staff. To date, 23,546 acres of highly erodible land were identified with 20,996 acres under conservation plan, and 13,084 acres plan applied and on the ground. The ACP program had 171 referrals. There were 25 LTA's, 13 Farm Bill Status Reviews, 1 569 compliance investigation, and 7 water quality complaints were investigated. The McMinn County Water Quality assisted the Tennessee Department of Health & Environment with investigations of citizen complaints involving water pollution from animal waste and dairy operations waste, poultry operations waste, mining runoff, and disposal of dead animals Investigations were conducted of numerous potential groundwater pollution problems (wells and springs in the county), Through these investigations, samples were collected to be analyzed by private laboratories. The test results were then analyzed and possible solutions were recommended. Local industry and utility districts with potential groundwater problems were assisted. The County Board of Education was assisted with assessment of periodic well water sampling requirements to comply with State Regulations. Well water samples were collected for determination of lead in drinking water from several homes in response to requests. The laboratory determination results were then analyzed and citizens advised as to further action. Also, assistance was given in determing aquatic weed problems and treatment was recommended for several farm ponds. Consultation was provided for two established watershed districts in response to water quality assessment needs. Sites for drinking water sampling were selected and samples collected to establish the need for extension of Riceville water lines to additional areas in the county. The Water Qualify Office responded to many requests for information and questions concerning appropriate authority for assistance.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I rise today to recognize Home & Garden Television on the occasion of its tenth anniversary. I am proud to say that HGTV calls Knoxville, Tennessee, home. HGTV was born of humble beginnings in East Tennessee and over the years has grown to be one of the most successful cable networks in existence today. It is one of four networks owned by the E.W. Scripps Company. Ross Bagwell, Sr., a television production innovator, created the network that would become HGTV. A creative genius, he started Cinetel Productions in 1973 and produced many different shows. In 1994, Mr. Bagwell sold Cinetel to the Scripps Company, and soon after, HGTV was born. The E.W. Scripps Company President and CEO Kenneth Lowe, the founder of HGTV, led the network to an explosion in popularity. Ken spurred the creation of the Scripps Networks division and played an instrumental role in the development of Scripps' other networks, the Food Network, Do It Yourself (DIY), and Fine Living. Scripps Networks is a great corporate citizen in my District and a large employer of a skilled and creative workforce. Mr. Speaker, I want to congratulate Ken Lowe and all of the employees of Scripps Networks and especially HGTV on the occasion of its tenth anniversary. Our Country would be a much better place today if there were more good corporate citizens here like the E.W. Scripps Company.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I thank the gentleman for yielding. I would like to also congratulate all of the Red Sox, but I especially would like to congratulate my longtime friend Johnny Pesky. Johnny Pesky, at the age of 85, still dresses out every day with the Red Sox. Nobody loves the Red Sox more than Johnny Pesky, a longtime player, coach, manager, broadcaster, one of the most popular figures in all of New England. I had the privilege as an 11 and 12-year-old boy of serving as his batboy for the Knoxville Smokies minor league baseball team and got to know him starting in 1959. He has had me right in the dugout at Fenway Park. I know that no one is more excited or happy over these great events of the last few weeks than my friend Johnny Pesky. I would like to offer a special congratulations to a really fine man and great American, Johnny Pesky.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I rise to pay tribute and honor to two of our retiring colleagues, Congressman Phil Crane and Congressman Bill Lipinski, two of the finest men I have ever known. I first met Phil Crane in 1966 when he spoke to a conservative student group at the University of Tennessee and a few years later invited him to speak to my law school class at George Washington University. Phil Crane was one of the early national leaders of the modern-day conservative movement, a highly-respected professor, author and legislator. His life has been a true inspiration to countless numbers of young people all across this Nation. Bill Lipinski served as my Ranking Member for the entire 6 years I chaired the Subcommittee on Aviation. I said then that I do not believe any Chairman and Ranking Member got along or worked together better than Bill Lipinski and I did. Bill Lipinski never forgot where he came from. I have always considered him to be a master politician in the very best sense of the word and the epitome of what a Congressman who truly serves his constituents should be. I will miss seeing these two men on such a regular basis, but this Nation is a better place today because of the service of two gentlemen from Illinois, Phil Crane and Bill Lipinski.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, in yesterday's Congress Daily published by the National Journal, there was an article stating that some of the Nation's largest high-tech companies are pushing for a big increase in the H-1B visa program. This is the program that grants visas to so- called skilled foreigners such as computer specialists, engineers, and technical medical researchers. This program already allows 65,000 foreigners each year to come in and take some of the best jobs this country has to offer. Now, these giant corporations are waging what Congress Daily described as an ``intense lobbying'' campaign to get 30,000 to 40,000 more of these foreign workers, and this goes on every year and has undoubtedly let in hundreds of thousands or even more over the last several years. This, of course, is on top of the many millions of illegal aliens we already have here, probably at least double or triple the ten million illegals the government estimates are here based on what I have read and heard and seen. I realize the H1-B program is a way to get here legally, and I do commend those involved for at least going through the proper legal channels. But over the last 16 years since I have been in Congress, I have had many parents and grandparents bring me their college graduate children or grandchildren who cannot find good jobs. And these are good-looking young people with very good grades. All over this country there are many thousands of college graduates who cannot find good jobs so they work as waiters and waitresses and go to graduate school or more often law school. Sometimes people with masters degrees or even PhDs are having trouble finding good jobs. Our unemployment is low, but our underemployment is terrible. Yet we bring in many thousands more foreign workers each year while we continue to send huge numbers of good jobs to other countries with our astounding $1 million-a-minute trade deficit. Many years ago I read that our government estimated that half the people of the world wanted to come here to live. Consistent with that I read in the last few months that half of the people in the world have to get by on $2 or less a day and do not have a second pair of shoes. We simply cannot take 3 billion more people in to this Nation, especially over a short period of time. Already our schools and hospitals are overrun with illegal immigrants in areas near our borders. God has blessed every nation in this world with either natural beauty and natural resources and usually both that could make those countries rich if they had a free market, free enterprise system. However, all over this world people have fallen for the myth that government can solve all problems, and they have either voted in or had governments forced on them that were liberal, left-wing or socialist. And all over this world all big government has done is to ruin economies and wipe out the middle class. Big government means a few elite rulers at the top, a huge underclass, usually near starvation, and almost no middle class. Today with many of our trade and immigration policies, our own big government is slowly wiping out our own middle class to try to benefit a small number of huge multi-national companies. The big giants are growing bigger in large part because of government favoritism, government contracts, tax breaks, free land. Big government, though, really only helps extremely big business and the bureaucrats who work for the government. Everyone else gets the crumbs or the shaft. There really cannot be such a thing as big government conservatism. That is an oxymoron. Only in a very small government, truly free market system does the little man or a person without great capital have a real chance. Big government liberalism, while always claiming to help the little guy, has actually been the best friend extremely big business has. And this proposed expansion of the H1-B program is just another example of this big government, big business duopoly that is in the long run bringing down American small business and our great middle class.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I ask unanimous consent to take the time of the gentleman from North Carolina (Mr. Jones).

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, to find out how chaotic, how messed up the situation in Iraq is, all you need to do is read the front page of yesterday's Washington Post. The top headline said, ``Trouble Spots Dot Iraqi Landscape.'' The subhead read: ``Attacks erupting away from Fallujah.'' The story says: ``The fighting started in Mosul 2 days after U.S. tanks entered Fallujah. Armed men appeared in a sudden tide on a main street in Iraq's third largest city, a wide avenue where so many American convoys had been ambushed that locals nicknamed it `Death Street.' ``At 11 a.m. Thursday, the target was an armored SUV. Witnesses said that after its Western passengers were chased into a police station, the driver was burned alive atop the vehicle as the attackers shouted, `Jew!' The city of 1.8 million people then devolved into chaos. Thousands of police officers abandoned their precinct houses. The governor's house was set alight. Insurgents took the police chief's brother, himself a senior officer, into his front yard and shot him dead. ``By Sunday, the dawn of a 3-day festival celebrating the end of Ramadan, control over sections of the city remained in doubt. In streets emptied by fear and gunfire, insurgents battled hundreds of Iraqi National Guard reinforcements dispatched by the interim government to quell an uprising that was at once largely expected and disquieting.'' This is a story about fighting in Mosul. U.S. troops have taken control of Fallujah, but the insurgents have simply moved out to fight alongside supporters in several other Iraqi cities. At least 38 additional U.S. troops have been killed and at least 320 more wounded in this most recent fighting. Fortune magazine, Mr. Speaker, in its November 25, 2002 edition, a couple of months before the war started, had an article entitled ``Iraq--We Win--What Then?'' The Fortune article said: ``A military victory could turn into a strategic defeat. A prolonged, expensive, American-led occupation could turn U.S. troops into sitting ducks for Islamic terrorists.'' How right this article was. James Webb, a hero in Vietnam and President Reagan's Secretary of the Navy, wrote in The Washington Post before the war: ``The issue before us is not whether the United States should end the regime of Saddam Hussein but whether we as a Nation are prepared to occupy territory in the Middle East for the next 30 to 50 years.'' Secretary Webb was strongly opposed to such an occupation. Charley Reese, the very popular conservative columnist, wrote, again before the war: ``Just let the United States try to occupy the Middle East, which will be the practical result of a war against Iraq, and Americans will be bled dry by the costs both in blood and treasure.'' A few months ago, our own government took a poll and found that 92 percent of Iraqis regard us as occupiers rather than liberators. These people really do not appreciate what we have done for them. No one can legitimately criticize our troops, and I certainly would not. They are simply following orders and doing a great job. But when people say we made a mistake going in there but now that we are there we have to stay, we have to get the job done, that is like saying we know we are going the wrong way down the interstate, but we have to keep going anyway. I think you get off at the next exit. We should announce to the world that we have done far more than any other nation has done for another country in the history of the world. We have spent almost $200 billion, more than 90 percent of the money and casualties have been American, but we really cannot help any more until Iraqis stop killing our young soldiers and stop blowing each other up. That is what we should announce. For those who say Iraq would go into chaos if we leave, they should read yesterday's Washington Post. The chaos is already there. Columnist Georgie Anne put it best: ``Critics of the war against Iraq have said since the beginning of the conflict that Americans, still strangely complacent about overseas wars being waged by a minority in their name, will inevitably come to a point where they will see they have to have a government that provides services at home or one that seeks empire across the globe.''

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I have no other additional speakers, I urge passage of this bill, and I yield back the balance of my time.

Mr. DUNCAN

Mr. DUNCAN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4232) to redesignate the facility of the United States Postal Service located at 4025 Feather Lakes Way in Kingwood, Texas, as the ``Congressman Jack Fields Post Office''.

Mr. DUNCAN

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