Luis Fortuño

Mr. FORTUNO

Mr. FORTUNO. Mr. Speaker, the Civil Rights Act of 1964 explicitly protects the rights of faith-based organizations to exercise their civil liberties and take religion into account in their hiring practices. Actually, when faith-based groups hire employees on a religious basis, they are actually exercising their civil liberties. Faith-based organizations cannot be expected to sustain their religion mission without the ability to employ individuals who share the tenets and practices of their faith, because it is that faith that motivates them to serve their neighbors in trouble. I can tell the Members about this. In my home district of Puerto Rico, I see this all the time. Actually, on the Head Start program in the San Juan metropolitan area, it has been run for years by the Catholic Church. Are we going to tell the Catholic Church whom they can hire and not hire for the good job they are doing? That is exactly what we are trying to do here. Actually, it will make it very difficult, make them liable for hiring practices when, in fact, what they are doing is that they are giving back to society in the way that no government entity can actually give back in the way that these religious organizations are giving back. So essentially going back to my basic argument, since 1964 we have recognized this right of the religious organizations that are involved in these faith-based activities. We cannot turn back actually from what we did in 1964 by trying to impose new rules that will simply impair their capacity to handle what they are handling today in such an able way.

Mr. FORTUNO

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

Mr. FORTUNO. Madam Speaker, I yield myself such time as I may consume. S. 264, sponsored by Senator Daniel Akaka and supported by our Hawaii colleagues in the House, authorizes the Secretary of the Interior to undertake three water projects in the State of Hawaii. Although surrounded by water, the Hawaiian islands are not immune to water scarcity issues. In fact, parts of Hawaii have very limited potable water supplies due to natural and population factors. The projects authorized in this legislation will help Hawaii better manage its scarce water resources. Each project will serve a different purpose through desalting, recycling or other water supply technologies. The Federal cost-share of these projects will not exceed 25 percent. I urge my colleagues to support this bill. Madam Speaker, I reserve the balance of my time.

Mr. FORTUNO. 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 S. 264, the bill under consideration.

Mr. FORTUNO. Madam Speaker, I move to suspend the rules and pass the Senate bill (S. 264) to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize certain projects in the State of Hawaii.

Mr. FORTUNO

Mr. FORTUNO. Madam Speaker, I have no additional speakers, and I yield back the balance of my time.

Mr. FORTUNO. Madam Speaker, I move to suspend the rules and pass the Senate bill (S. 276) to revise the boundary of the Wind Cave National Park in the State of South Dakota.

Mr. FORTUNO. Madam Speaker, I yield myself such time as I may consume. S. 276, introduced by Senators Tim Johnson and John Thune of South Dakota, is the companion bill to H.R. 546, introduced by the gentlewoman from South Dakota (Ms. Herseth), my committee colleague. S. 276 would authorize the expansion of Wind Cave National Park located in the famous Black Hills of South Dakota. The boundary adjustment would allow for the protection of such archaeological sites as a 1,000-year-old buffalo jump. I urge adoption of the bill. Madam Speaker, I reserve the balance of my time.

Mr. FORTUNO. 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 S. 276, the bill under consideration.

Mr. FORTUNO

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

Mr. FORTUNO. Madam Speaker, I yield myself such time as I may consume. H.R. 539 would designate approximately 10,000 acres in the Caribbean National Forest as a component of the National Wilderness Preservation System. This bipartisan proposal is supported by the people of Puerto Rico, the administration and a number of national organizations. The legislation will ensure that this special land will be available for my children and for all the children of Puerto Rico for generations to come. The El Toro Wilderness will be one of our Nation's most significant wilderness areas. Located 25 miles east of San Juan, the forest is biologically rich and diverse. The Caribbean National Forest ranks number one among all national forests in the number of species of native trees with 240. In addition, the Caribbean National Forest has a wide variety of orchids and over 150 species of ferns. There are over 100 species of vertebrates in the forest. Of particular note is the endangered Puerto Rican parrot. At the time Columbus set sail for the New World, there were approximately one million of these distinctive parrots. Today, there are under 50. This rich diversity will be protected through wilderness designation, and El Toro will be the only tropical rainforest wilderness in our national forest system. The future of the Caribbean National Forest is of the utmost importance to my constituents. For Puerto Ricans, the Caribbean National Forest is more than a national forest. It is an integral part of our lives. The Spanish Crown proclaimed much of the current Caribbean National Forest as a forest reserve in 1824. President Theodore Roosevelt reasserted the protection of the Caribbean National Forest by designating the area as a forest reserve over 100 years ago. The real history of the Caribbean National Forest, however, predates those recent actions. The prehistoric Taino Indians considered the area a holy place and named it after an Indian spirit, Yuquiye, which means ``Forest of Clouds.'' Today, it is called, ``El Yunque.'' The importance of El Yunque continues to modern times. The forest is a key component of Puerto Rico's everyday life and economic vitality. El Yunque and the proposed El Toro wilderness area are a crucial source for the lifeblood of Puerto Rico, fresh water. The forest receives up to 240 inches of rainfall each year, more than 100 billion gallons of it. This water is crucial for our people and our future. It provides clean drinking water to over 800,000 residents and ensures adequate water for our economic viability. In closing, I would like to thank the gentleman from California (Chairman Pombo) and the gentleman from Oregon (Mr. Walden), the gentleman from West Virginia (Ranking Member Rahall) and the gentleman from Colorado (Mr. Udall) and the committee staff for their support and fine work on this measure. I urge my colleagues to join with me in supporting the passage of H.R. 539. Madam Speaker, I reserve the balance of my time.

Mr. FORTUNO. 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. 539, the bill under consideration.

Mr. FORTUNO. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 539) to designate certain National Forest System land in the Commonwealth of Puerto Rico as components of the National Wilderness Preservation System, as amended.

Mr. FORTUNO

Mr. FORTUNO. Mr. Speaker, today it is my special privilege to render tribute to a great American and a great Puerto Rican on the 148th commemoration of his birth. Dr. Jose Celso Barbosa was born in Bayamon, Puerto Rico on July 27, 1857, when Puerto Rico was still a colony of Spain. In 1876 he traveled to the United States to continue his studies, and in 1880 he graduated from the University of Michigan with a degree in medicine, first in his class and valedictorian of a very distinguished medical graduating class that included the Mayo brothers of Mayo Clinic fame. Dr. Barbosa was the first Puerto Rican to graduate from the prestigious University of Michigan. Upon returning to Puerto Rico, Dr. Barbosa dedicated himself to his private medical practice, became a professor of medicine at one of the institutions of higher learning in Puerto Rico, and made his first incursion in political issues, becoming a firm defender of negotiating increased autonomy for Puerto Rico from Spain. With the change in sovereignty in 1898, in which Puerto Rico was ceded to the United States after the Spanish-American War, Dr. Barbosa envisioned the Federalist system of the United States as the ideal solution to the colonial problem of Puerto Rico, declaring himself an advocate of admitting the Island as a state of the Union. With that lofty purpose in mind, he formed the Republican Party of Puerto Rico on July 4, 1899. Dr. Barbosa was the founder of the newspaper ``El Tiempo'', for which he wrote numerous articles in defense of his goal to have Puerto Rico become a state of the Union. When the United States allowed for the formation of a Senate at the local level in 1917, Dr. Barbosa was elected as a member of that legislative body. He was reelected in 1920. During his stint in the Senate, Dr. Barbosa introduced legislation allowing for trial by jury and introducing the writ of ``Habeas Corpus'' within the Judicial Penal System of Puerto Rico. After a distinguished career as a doctor, teacher, politician, and humanitarian, Dr. Barbosa passed away on September 21, 1921, without reaching his dream of having Puerto Rico become a State of the Union, but proud to have become a citizen of the United States in 1917. On statehood for Puerto Rico, Dr. Barbosa said: ``Puerto Rico aspires to reach all the rights granted by U.S. Citizenship, in the same method, in the same manner, under the same form, and under the full integrity as the one enjoyed by the residents of any of the regions that are called States of the American Union. To that we aspire, that is what we want, that is what we shall have.'' On the political relationship between Puerto Rico and the United States, Dr. Barbosa made the following statement: ``We want, and we ask, for equality. Not colonialism or protection. Since the American Flag first waved over Puerto Rico, those have been the ideals that we have defended.'' Dr. Barbosa's lifelong dream was to have Puerto Rico admitted as a State of the Union. I share that dream, and I find no better way of honoring him today, than to pledge to pursue his goal, to the best of my ability, of having Puerto Rico become an integral part of this great Nation.

Mr. FORTUNO

Mr. FORTUNO. Mr. Speaker, I am quite pleased to have the opportunity today to address my colleagues and argue all to support the four OSHA bills that are being discussed today. At this point I would like to particularly address the importance of H.R. 742. This bill narrows the target to a very specific goal, fairness. By permitting small employers to defend themselves against OSHA's superior litigation position when they believe that they are right, we are both creating consciousness about the values and needs of occupational security and health among employers and simultaneously promoting responsibility to our regulatory agency at the moment of acting. Reality is that many small businesses simply do not have the resources to compete against OSHA's team of legal experts and are forced to ``surrender'' just because of the economic burden that litigating a case will have on their company. It is not a matter of having a strange or poor case. It all comes down to the amount of time and money that litigating represents for them. We cannot allow our regulatory agencies such as OSHA to take advantage of their superior position and by doing so affect an important part of our national economy. I personally have been informed by the Puerto Rico Chamber of Commerce that the main frustration among small employers is the unfair advantage that OSHA has when pursuing litigation against a small company even when the case is without merit or on shaky legal ground. But, in fact, it is not news. Congress clearly recognized this problem when it passed the Equal Access to Justice Act. Still, this act just does not work when it comes to OSHA law. In 2003, OSHA collected over $82 million in penalties; but in 12 of the last 20 years, OSHA's total EAJA awards have been less than $10,000. This simply does not make sense in light of all of the complaints that we hear from our small business constituents. We have to promote a level playing field for all. That should be our motive. The message that we have to make clear to the small businesses is, if you need to, you can fight OSHA and win, and your victory will involve no burden. Mr. Speaker, no one wants OSHA to be using taxpayer money to pay attorneys' fees instead of enforcing the law. That is not the purpose of this bill. But we do care to ensure that OSHA will think twice before pursuing expensive and time-consuming litigation in cases with no merit.

Mr. FORTUNO

Mr. FORTUNO. Mr. 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. 481, the bill under consideration.

Mr. FORTUNO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H.R. 481, introduced by the gentlewoman from Colorado (Mrs. Musgrave) would authorize the Secretary of the Interior to hold 1,465 acres in trust, thereby allowing the National Park Service to formally establish the Sand Creek Massacre National Historic Site. The Park Service has worked in partnership with the State of Colorado, the Cheyenne tribe, and the Arapaho tribe to establish this site which was originally authorized in 2000 and recognizes the national significance of the Sand Creek Massacre in American History. Mr. Speaker, I reserve the balance of my time.

Mr. FORTUNO. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Mr. FORTUNO. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 481) to further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000, as amended.

Mr. FORTUNO

Mr. FORTUNO. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H. Con. Res. 152.

Mr. FORTUNO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H. Con. Res. 152 was introduced by my colleague, the gentleman from Connecticut (Mr. Simmons), and commemorates Mystic Seaport, the Museum of America and the Sea, in recognition of its 75th year. Mystic Seaport was founded in 1929 to preserve, protect, and honor the legacy of America's great tradition and culture. Mystic Seaport is the largest maritime museum and fourth largest history museum in the Nation and attracts more than 300,000 visitors annually. The mission of Mystic Seaport is to create a greater awareness and deeper appreciation of America's relationship to the sea and to highlight the impact of that relationship upon us as individuals and as a Nation. Both the gentleman from Connecticut (Mr. Simmons) and I represent districts in which maritime activities play an important role in the lives of many of our constituents and are an important part of the history of our States. I urge my colleagues to support this resolution and join in celebrating this 75-year milestone for Mystic Seaport. Mr. Speaker, I reserve the balance of my time.

Mr. FORTUNO. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time

Mr. FORTUNO

Mr. FORTUNO. Mr. Speaker, today, Puerto Rico grieves the loss of one of our most famous and talented writers, Enrique Laguerre. Born in Moca, Puerto Rico, on July 15th, 1905, Laguerre devoted his life to enrich society by creating literature and promoting the development of theatrical studies. His work as a playwright has taken root on the lives of three generations in our Island and the Hispanic community in general, with masterpieces like ``La Llamarada'', ``La Resaca'' and ``El Laberinto''. In 1975, the Puerto Rico Institute of Culture decorated him with the National Literature Award; in 1985, the Puerto Rico Humanities Foundation declared him the Humanist of the Year; and as recent as in 1999, he was nominated for the Nobel Prize in Literature. Enrique Laguerre, novelist, essayist, playwright, professor, poet and critic, is in fact one of the foundations of Puerto Rico's literary history. At 99 years of age, Laguerre says farewell to all of us, leaving an invaluable legacy to be cherished by future generations. As I mentioned, Puerto Rico grieves the loss of Laguerre, but we are also very thankful to the Almighty for the opportunity of having among us someone with such sensitivity and devotion towards the arts, humanities and society. May God have him in his glory . . . rest in peace, Enrique Laguerre.

Mr. FORTUNO

Mr. FORTUNO. Mr. Speaker, tomorrow the United States Court of Appeals for the First Circuit will hear the case of Gregorio Igartua-de la Rosa, et al., vs. United States of America. This landmark case deals with the right of U.S. citizens who reside in Puerto Rico to vote for the President and Vice President of the United States. The right to vote for those who govern us is a hallmark of the democratic principles on which our Nation was founded. Universal and equal suffrage is not only a core value of this Nation's political system, but has been recognized by the international community as a fundamental civil right. Despite this broad consensus in favor of the right to vote, U.S. citizens who reside in Puerto Rico have for 88 years been denied the right to vote for the U.S. Government officials who make and administer the Federal laws to which they are subject. Take special heed of the fact that this discriminatory and undemocratic state of affairs does not just apply to Puerto Ricans, who are U.S. citizens by virtue of having been born in a U.S. territory, but to any U.S. citizen who becomes a resident of Puerto Rico. To clearly illustrate this point, if President George Herbert Bush, our 41st President, had chosen to retire in Puerto Rico instead of Texas, he would not have been able to vote for his son, our current President, George W. Bush. If any of my colleagues who are listening to me today and who are my colleagues in the 109th Congress elected to move to Puerto Rico after they retire from Congress, they would not be able to vote for the President of the United States. This separate and less-than-equal class of U.S. citizenship for residents of Puerto Rico has placed the 4 million U.S. citizens who are residents of Puerto Rico in an indefinite denial of equal national citizenship, particularly at a time of national sacrifice in the cause of global democracy and freedom, where Puerto Ricans have contributed equally, many even making the ultimate sacrifice. It is not my intention to dictate what the Court of Appeals for the First Circuit will decide. As a lawyer, I have always been respectful of the separation between the legislative and judicial branches of government, but I trust that the court will do us justice. I invite all of my fellow Members of this 109th Congress to monitor the court's decision because, in so doing, they will be exposed to the fact that the central problem facing the citizens of Puerto Rico is that they have been denied their most basic rights of self- determination, not by court decisions, but by congressional inaction. In 1899, the United States first entered into a treaty which provided that the civil rights and political status of the residents of Puerto Rico shall be determined by the Congress. A full century has passed, but Congress still has not implemented any political resolution procedure that will enable residents of Puerto Rico to determine their form of self-government under a non-colonial, non-territorial alternative. As most of my colleagues know, I am a firm believer in statehood for Puerto Rico, but I fully respect the right of my countrymen to freely choose the status choice of their preference, be it as a State of the Union, an independent Republic, or as a Republic associated with the United States. The important element has to be that all viable alternatives be non- colonial and non-territorial in nature. Until this process of free self-determination is completed, Congress will not have fully discharged its responsibility.

Mr. FORTUNO

Mr. FORTUNO. Mr. Chairman, I would like to thank the gentleman from Alaska (Chairman Don Young) and the gentleman from Minnesota (Ranking Member Oberstar), as well as the gentleman from Wisconsin (Mr. Petri), the chairman of the subcommittee, and the gentleman from Oregon (Ranking Member Mr. DeFazio) for their leadership in moving this legislation so quickly through this Congress. As the name implies, TEA-LU is a bequest of the highest degree to our Nation. TEA-LU will have a positive impact on the Nation's economy through the creation of millions of new jobs in the transportation sector and other related industries. It will bring the highway and transit systems to a higher level as we continue to travel into the 21st century. In my district, TEA-LU means an injection of infrastructure monies needed to integrate our transportation systems and alleviate problems of traffic congestion and road safety, while spurring economic development on the island. TEA-LU will take Puerto Rico to a new level of transportation based on an integrated transportation system. Tren Urbano, the bus system, trolleys, and our ferries will all integrate to promote public transportation, reducing the problem of traffic congestion. For Puerto Rico, TEA-LU means the completion of an important highway project that will become one of the only two highways crossing Puerto Rico from north to south. It means the completion of a highway system that will cover the perimeter of the island. it also means promoting economic development across the board. It means giving access to towns and rural communities that, without the funding made available in TEA- LU, would remain isolated. It means losing less lives to traffic accidents. It means moving Puerto Rico forward at a faster pace. On behalf of the 4 million U.S. citizens of Puerto Rico whom I have the great honor to represent, I thank again the gentleman from Alaska (Chairman Don Young) and my colleagues on the Committee on Transportation and Infrastructure for this great legacy.