J.D. Hayworth

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, I thank my colleague from California, and I would be remiss if I did not take a portion of this time to thank him for his stewardship and his time as chairman of the Ways and Means Committee. While we are in a period where we move to complete the 109th Congress and we look ahead, it is worth noting that what has passed is prologue, and indeed, as we have just come through a campaign where the cry has been for bipartisanship, for consensus, I commend one of the procedures, or one of the provisions, that is included in this legislative vehicle of extenders for tax considerations, and that is, the extension of the solar and fuel cell investment tax credits. Why do we offer this? Well, because there is support for alternative forms of energy and, in particular solar power, from all America. Eighty-two percent of Republicans, 77 percent of Democrats, 87 of Independents say we need to find alternative forms of energy. Mr. Speaker, for over a decade, I have been honored to represent the people of Arizona, more specifically, the eponymously nicknamed Valley of the Sun. But from Maine to Montana, from Arizona to Alaska to Alabama, across the country we need to utilize alternative forms of energy such as solar energy, such as fuel cell technology, and this provision does so. We extend it for an additional year. Were it up to me, I would like to see it for a full decade, but as we know, as my good friend, the late John Rhodes, our former House Republican leader, used to say, ``Politics is the art of the possible.'' Today with this legislation, though some are troubled by process, we have a chance to produce results. I ask you to join us in passing this legislation and extending solar and fuel cell investment tax credits.

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, I thank my friend from Indiana for an overly generous introduction and one that I will cherish and agree with wholeheartedly. I would also be remiss, as I was listening to his statements earlier and as he very generously offered a sports analogy and spoke of the ``Sultan of Swat,'' the great bambino, George Herman Ruth, for purposes of full disclosure, at least I have lost the Ruthian dimensions here in my midsection, although I have maintained the skinny legs but, alas, not the ability to hit the long ball besides in a metaphorical fashion here on the floor. Mr. Speaker, despite that generous introduction, for purposes of full disclosure, we should point out that to put it delicately, I was involuntarily retired from this body. One who served here before, a great gentleman, Stan Parris of Virginia, when I first met him, he said, ``J.D., I retired from the Congress because of ill health. I said, ``Oh, really?'' He said, ``Yeah. The voters of my district got sick of me.'' So perhaps, again, to be perfectly candid, there was some of that at work as well. And my friend from Minnesota who preceded me here in the well, along with my friends from Indiana and from Oklahoma, offered varying perspectives, but they are variations on the same theme: What a great honor it is to serve in the people's House. And many take their leave in different fashion. History notes that the great Davy Crockett of Tennessee, when informed of his election loss by members of the press, invited those gentlemen from the fourth estate to visit a ``nether region'' as he instead would head for Texas, as the gentleman from Texas remembers. And again to be perfectly candid, Mr. Speaker, we would be less than human, we would be less than honest if at times during this difficult period of transition we were not tempted to offer the recommendations of Mr. Crockett to those, although I hasten to add to my friends from the Lone Star State I shan't be following them to Texas. And hopefully should I return to the media, Mr. Speaker, I won't be sent to those other nether regions, come to think of it. There is a saying, Mr. Speaker, that we laugh to keep from crying, and it is not my intent to launch into an overly maudlin remembrance tonight in this valedictory. And while I appreciated my friend from Oklahoma talk about the principles of self-government, I fear that some will hear these remarks and say, well, you have got the first part right because it turns out being about self. Not entirely, but, again, it should be noted that those of us who come here and serve, Republican, Democrat or independent, from across this country do share one basic characteristic: None of us suffer from a shortage of self- esteem. And during my time here, Mr. Speaker, I have seen incredible things. Yes, I will talk policy. I will get to that, but given my reputation according to Washingtonian Magazine as only the second biggest windbag in Congress, I am bucking tonight to go a little further afield. Now, in all sincerity, Mr. Speaker, I have seen on this floor and in this institution acts of incredible kindness. I have also seen acts of unspeakable pettiness. I have seen policies embraced with foresight and vision, and I have seen actions taken that have wreaked of the expedience of the nanosecond. I have seen the great and good. I have seen the bad and ugly. In short, Mr. Speaker, I have seen here in the people's House the full range of the human experience. Mr. Speaker, my colleagues, that again reaffirms the genius of our Founders in naming this institution the House of Representatives, because just as so many have come from so many different walks of life, we have seen representative behavior that has been of incredibly high standards, and to be candid, we have seen other less desirable traits. But stop and think about what our Founders have wrought. Understanding, as my colleague from Oklahoma talked about, what separated this new experiment in this new world from the monarchies of Europe, from other governments instituted among men, the notion that our Creator endowed us with rights and we the people voluntarily conferred power, political power, on the government; that first God, through the freedoms granted us, gave us that ability to voluntarily confer power on this government. And in this constitutional republic, Article I, Section 1, ``All legislative powers herein granted shall be vested in a Congress of the United States.'' And in the initial inception of this particular institution, in the inception of our founders, one constitutional office directly accountable to the people, decided by popular vote, and given the fact that events could change a mechanism through a fairly short term of 2 years so that the body politic could make those changes representative of their change in priorities and their change in outlook. And despite all the flaws and the foibles and the pitfalls and pratfalls of the human experience, it has worked remarkably well. Whether the disappointment voiced by one Davy Crockett and others in other ways finishing second in elections, again, a euphemism for losing elections, we have put aside personal disappointment to give thanks that here we settle questions with balance, not bullets. And as we reflect on all the talk that we have heard during the course of the campaign that there should be a new bipartisanship, a new nonpartisanship, for purposes of full disclosure, let us understand that many items and many actions pass through this institution through unanimous consent, but on major questions, it is inevitable that free people will have different perspectives. And it is well and it is good and it is proper for a free people to freely debate and discuss and advocate different positions, and here with this marvelous mechanism of representation, the people decide. My friend from Oklahoma spoke of bringing the kitchen table in. Mr. Speaker, I would offer another room in the house. Mr. Speaker, in essence, this hallowed Chamber is America's living room. And here we gather to discuss the challenges we face as a people. And we have our arguments and we have our times of agreement, and despite many challenges and many disappointments, somehow we get it done. Mr. Speaker, one word in closing. I would be remiss if I did not thank my family. My wife, Mary; my kids, Nicole, Hannah, and John Micah; my parents; so many who have given me much such support. My colleagues who join me here in this Congress with the new majority. But most of all, the people of Arizona, who for 12 years gave me the opportunity to represent them in the Congress of the United States. I do not know what is next, but I do appreciate the words of the Prophet Jeremiah: ``For I have plans for you,'' sayeth the Lord, ``plans to prosper you, not to harm you. Plans to give you hope and a future.'' Mr. Speaker, my colleagues, public service is not always defined by public office. And for all the American people, let us join in a prayer that the future of our republic will forever remain bright.

Mr. HAYWORTH

Mr. HAYWORTH. Madam Speaker, I rise this morning in remembrance of a great American and great Arizonan, Bob Goldwater. If the last name sounds familiar, it should. The brother of Arizona's favorite son, Bob Goldwater labored alongside his brother in the family business in Phoenix, Goldwater's Department Store, and Bob was his own unique contributor to his brother Barry's political success and to the continued success of Goldwater's Department Store. Bob Goldwater possessed a laconic wit. Madam Speaker, in my first campaign for public office, I was honored to have Bob Goldwater and former Governor Jack Williams, and the former Republican leader of this House, John J. Rhodes, cosponsor an event for me in the White Mountains of Arizona. This was at a time when I aspired to represent the Sixth Congressional District, an area in square mileage almost the size of the Commonwealth of Pennsylvania, and so to get from suburban Phoenix up to the White Mountains was quite an undertaking that was made a bit more difficult by an incredible thunderstorm because this was during what we call the monsoon season in the summertime in Arizona. The late great Governor Williams, a former broadcaster, was a stickler for time. The event was supposed to start at 7 p.m. I blew in the door at 7:05. There stood Governor Williams and Leader Rhodes and brother Goldwater. Governor Williams said, ``Hayworth, 7:00; it's 7:05,'' to which Bob Goldwater replied, ``Oh, heck, keep your shirt on, Jack, booze isn't going to spoil.'' At the memorial service for his brother Barry, Bob Goldwater spoke not only of Barry Goldwater, the public servant, but of Barry, his brother. He reminisced how both he and Barry played for their church in a youth basketball league and how Barry suggested that the jerseys they wore should bear the letter ``P.'' Bob recalled that he asked Barry why, and Barry responded, ``You know, Bob, P for `Piscopalian.''' Perhaps a function of age and time, but the passing of other noteworthy Arizonans would bring Bob Goldwater into the public eye and he, above all other Arizonans, could deliver a heartfelt, humorous, poetic and practical remembrance. I don't have those abilities here today, but I just felt compelled in a moment perhaps of personal indulgence but perhaps more accurately a moment of official reflection, to bring notice to the passing of Bob Goldwater, bring insight into the very human and humorous way he described others. And also, to make this note: To my knowledge, Bob Goldwater never ran for public office, although he hailed from an Arizona family synonymous with public service. A lesson that has been impressed upon me through the years and especially in recent days is this fact, that public service is not always defined by public office, that it is what a person does in his fellowship of faith, in his community, in his business that can distinguish that person, a good lesson to remember in these days, a lesson typified by the life and times of Bob Goldwater. Madam Speaker, those of us who knew Bob count ourselves not lucky but blessed to have a man who championed the success of his brother politically but added immeasurably to the lives of Arizonans in terms of commerce and public service, and as the father of our Phoenix Open. Rest in peace, Bob Goldwater, you won't be forgotten.

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, the incidence of autism is rapidly growing. By some estimates, one out of every 166 children born today will be diagnosed with autism. And science has not yet been able to determine a cause or treatment for autism. Efforts to treat children with autism have resulted in children being subject to chelation, hyperbaric chambers, massive allergy therapies, and restrictions in diet, to name a few. So many treatments, yet few have real scientific proof behind them and none has proven effective. With such a great number of children affected by autism, we need to find the cause and also a cure! To assist in these efforts, the people of Arizona are raising awareness through such events as the Lake Pleasant Bar-b-que Cook-off. The people of Lake Pleasant, Arizona will host Autism Speaks, a national organization that raises awareness about autism and is actively searching for the causes of and a cure for autism. Events like these are crucial to raising awareness about the prevalence of and lack of information on autism. I applaud organizations like Autism Speaks for raising awareness of autism and the need for more scientifically- based information.

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the two bills just considered.

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume. H.R. 4545 authorizes the Secretary of the Interior, in cooperation with the Los Angeles and San Gabriel Rivers Watershed Council, to participate in the design, planning, and construction of a water recharge demonstration project in Southern California. To meet the needs of future population growth in this arid region, capturing stormwater runoff and recharging groundwater could substantially increase local water supplies. I urge my colleagues to support this bill. Mr. Speaker, I reserve the balance of my time.

Mr. HAYWORTH. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4545) to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the Los Angeles County Water Supply Augmentation Demonstration Project, and for other purposes, as amended.

Mr. HAYWORTH. Likewise, Mr. Speaker, with that note of unanimity, being from a water-challenged State the gentlewoman from California spoke of earlier, I would simply like to say I likewise have no additional speakers. I yield back the balance of my time.

Mr. HAYWORTH. Mr. Speaker, I reserve the balance of my time.

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank my friend from New Jersey for visiting us in Arizona from time to time. I would also note that President Raphael Bear of the Fort McDowell Yavapai community worked very hard on this, coming to see me personally and giving great testimony here on July 12. Mr. Speaker, I have no additional speakers, would urge passage of this legislation and yield back the balance of my time.

Mr. HAYWORTH. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, S. 2464, or the Fort McDowell Indian Community Water Rights Settlement Revision Act, is companion legislation to H.R. 5299, a bill I introduced on May 4 of this year. This legislation codifies an important agreement struck between the Fort McDowell Yavapai Indian Community and the Department of the Interior through the Bureau of Reclamation and will provide a financial savings to both parties involved. The House Resources Committee held a legislative hearing on H.R. 5299 on July 12 of this year, at which time both the tribe and the Bureau of Reclamation expressed their strong support for this bill. This agreement represents the last step to full implementation of the Fort McDowell Indian Community Water Rights Settlement Act of 1990. The 1990 Act requires the Department of the Interior to comply with all applicable environmental laws throughout implementation of the Act and to bear the cost of mitigation associated with that compliance. Subsequently, the Secretary removed 227 acres originally included in the settlement as a result of review conducted under the National Environmental Policy Act. The Department of the Interior acknowledges that it has not yet complied with its obligation to provide and develop adequate replacement land for the tribe. The Department currently estimates the cost of developing the 227 acres lost through the NEPA process at $5.6 million. Mr. Speaker, the agreement before us today provides for the cancellation of the Department's obligation to supply the 227 replacement acres currently estimated at the aforementioned $5.6 million in exchange for the tribe being granted loan forgiveness on a 50-year, no-interest loan extended to the tribe as part of the 1990 Act. The Congressional Budget Office estimates the worth of this 50- year loan at $4 million. Mr. Speaker, this bill makes sense. It saves the Fort McDowell community money. It saves American taxpayers money. I urge its swift passage. Mr. Speaker, I reserve the balance of my time.

Mr. HAYWORTH. Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 2464) to revise a provision relating to a repayment obligation of the Fort McDowell Yavapai Nation under the Fort McDowell Indian Community Water Rights Settlement Act of 1990, and for other purposes.

Mr. HAYWORTH

Mr. HAYWORTH. Would the gentleman let me attempt to answer the question?

Mr. HAYWORTH. Madam Speaker, I am not a custodian of the hearing record in the United States House of Representatives, any more than the gentleman is, no matter the----

Mr. HAYWORTH. Madam Speaker, will the gentleman yield?

Mr. HAYWORTH. Madam Speaker, I thank the chairman of the Judiciary Committee for the recognition. I come to the well of the House to politely but profoundly take issue with my friend from Mississippi. You see, party labels do not ensure unanimity any more than trying to cast the challenge we confront as a people through a partisan prism. I come to the floor of this House to reiterate the basic concern confronting us. The problem we are dealing with at the border is not a Democratic problem. It is not a Republican problem. It is an American problem. And, Madam Speaker, I politely take issue with my friend from Mississippi when he says a comprehensive approach is needed. The trouble with that notion is that despite the goodwill and best intentions of many, regardless of party affiliation, so-called comprehensive reform subordinates the first and most basic responsibility of government, protection of our citizens to an economic exception of amnesty and special considerations for noncitizens. To this provision before the House today, which I am proud to bring forward, again from bipartisan concerns, as noted earlier in another debate, the chairman of the Rules Committee mentioned that it was bipartisan, the senior Senator from his State happens to be a Democrat, working with the chairman of the Rules Committee, a Republican; my junior Senator from my State, working with me on this because it is an American problem. The chairman pointed out that there is currently a hole in the law as genuine as some of the holes in our border. We have to criminalize the financing and construction of border- crossing tunnels that currently serve as smuggler subways and actually promote illegal access to our country. The chairman delineated the threat. Now we see contraband, we see narcotics brought through these tunnels, but the real question before this House and before the American people is this: If narcotics can be smuggled, what of a weapon of mass destruction? Just as assuredly as the House passed the fence bill last week and the other Chamber takes it up in the coming days to move forward, believe me, there will be intense and renewed interest in using subterranean facilities. We must pass this bill today as part and parcel of what the American people are calling for, and they are calling for enforcement first. Pass this legislation. Let's get this done.

Mr. HAYWORTH. Equally as valid as any committee hearings held in Washington, D.C., no matter the jurisdiction?

Mr. HAYWORTH. Madam Speaker, I would answer his question with an interrogative of my own. Is the gentleman aware of the extensive hearings held this summer by many different Members of the House outside Washington, D.C.----

Mr. HAYWORTH. Madam Speaker, will the gentleman yield?

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, my colleagues, I rise in strong support of the rule and the legislation. Let me start with this observation. With all due respect to my colleague from Massachusetts, it is never a sham when we come to the people's House with legitimately different points of view to be articulated. That is the strength of our constitutional Republic. And to my other friend from Massachusetts managing the rule for the other side, let me respectfully suggest that this is not a Republican problem or a Democratic problem, it is an American problem. Now, with the preceding speaker, I take great exception to the notion that somehow this is a masquerade. I appreciate the delineation of process, and following that logic, let's make this point. What we do in process is prioritize. I, for example, have a provision in the underlying legislation that deals with outlawing the tunnels, which is not a crime, believe it or not. This is a reasonable and necessary action. This is a reasonable and necessary action to be taken. My friend from Texas got up and spoke about a bill that had passed through the Senate dealing with a fence. The problem was that in the final bill passed by the Senate, there was a provision to ask for the Mexican Government's permission to have such a fence. Clearly that doesn't sit well with the American people. Although my friends lament taking the hearings to the people out of Washington, D.C., it is exactly what we should have done. We have heard from the people. Support the rule and the legislation. Let's make these tunnels illegal, let's strengthen the border, and we can do it for America, not for either political party.

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, I rise today in strong support of this legislation, and listened to the assessment offered by my good friend from Mississippi. Yes, it is the political season. Yes, the description is one that is offered almost reflexively, to which we could answer with I believe the fairer characterization of ``obstructionism.'' And, really, perhaps that is a theme that should be pursued with reference to our borders. The graffiti is strewn on the wall at our international border in Nogales. ``Borders are scars upon the earth,'' it reads. No, Mr. Speaker and my colleagues, borders are not scars upon the earth. They are reasonable and necessary lines of political demarcation between nation states to ensure the sovereignty and security of those nation states in the post-9/11 world. It is absolutely necessary that we move to secure our borders. And as the poet wrote, ``good fences make good neighbors.'' Because, Mr. Speaker, this far exceeds the notion of a fence and mere physical, not to mention debate obstruction. This brings to bear technology necessary to secure the border. Now, much has been said about process already, and it will no doubt continue. But I think it is the duty of the people's House to time and again take this case to the other body on this Hill and to make clear to the American people, Republicans, Democrats, Independents, Libertarians, and vegetarians, that as Americans we understand this basic truth: When you have got a hole in your roof, the first thing you do is patch the hole. Let us move forward with an effective fence. Support this legislation.

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, it is a ritual of the school year where millions of American students return to class and offer an essay entitled, ``What I Did on My Summer Vacation.'' Mr. Speaker, for a special group of 11-, 12- and 13-year-olds from the Fifth Congressional District of Arizona, it is quite a daunting challenge, because, Mr. Speaker, that select group of young men, nicknamed The Dawgs, the all-stars of Ahwatukee's Little League advanced all the way to the Little League World Series in Williamsport, Pennsylvania. This special team went out as winners. They won their final game but due to a rule for a tie-breaker had the unfortunate experience of not advancing. In fact, of the nine teams that won two games at Williamsport, sadly only the team from Ahwatukee did not advance. But they are more than exceptions, Mr. Speaker; they are true champions, not only the best in the west but a team that went out winners in Williamsport. Mr. Speaker, I include in the Record the roster of this team and their championship season and would remark as I close, Mr. Speaker, with the observation that they have now entered the history of this House as well as the history of the Little League World Series. Roster for Ahwatukee Dawgs #18 Michael Anderson, #16 Eric Camarillo, #3 Shaun Chase, #5 Max Harden, #9 Justin Hyden, #44 David Hulls, #11 Connor Kelly, #25 Sam Kingery, #17 Scott Kingery, #14 Chase Knox, #7 Ryan Modi, and #10 Hunter Rodriguez. Overall Record: 4 Tournaments, 22-2. Record in Williamsport: 2-1. Dawgs vs. Lemont, Illinois 1-0 (Win); Dawgs vs. Columbus, Georgia 4-1 (Loss); and Dawgs vs. Staten Island, New York 4-1 (Win).

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, it is interesting to hear the level of Orwellian ``newspeak'' emanating from our friends on the left. We are now told that a reasonable, rational compromise that includes many commonsense ideas is somehow legislative extortion. We hear that a compromise that provides an increase in the minimum wage is paired with other policy initiatives that somehow make it a poison pill. Isn't it interesting the lexicon offered by the left? If it is a compromise forged by conservatives that somehow actually, ironically delivers on an issue for which my friends on the left believe they have ownership, why, that is a poison pill. Oh, and conveniently omitted when we hear the bold relief, including the impugning of our motives for moving forward on this, conveniently omitted, are the policy initiatives championed in bipartisan fashion: the work opportunity tax credit, the earned income tax credit, those extenders that are part of this that actually help those working to get ahead. It is a very interesting occurrence we see here tonight. ``Curiouser and curiouser,'' said Alice. It is not Wonderland, and this legislation may not be perfect, but it is not the glum, dour air of apocalyptic fate that the left would portray it as. It is a positive move, raising the minimum wage, extending tax relief, and revising tax policy.

Mr. HAYWORTH. Mr. Speaker, will the gentleman yield?

Mr. HAYWORTH

Mr. HAYWORTH. Mr. Speaker, I thank my colleague from Michigan for his hard work as part of the conference, and I rise in strong support of the Pension Protection Act. I listened with great interest to the criticisms offered from the other side of the aisle, especially my friends from New Jersey and California, and indeed, it is somewhat reminiscent of the initial evaluation by a Hollywood agent of a young actor. The shorthand note was, ``can't sing, can't act, dances a little.'' And of course, it turned out to be the great Fred Astaire. Now, with all due respect to Mr. Astaire and his song and dance, the song and dance offered by the other side, the criticisms, when you take a look, focus on process, not policy. Indeed, my friends from New Jersey and Maryland readily concede that there are many desirable policies in this bill, reforming the outdated single employer defined benefit pension plans. We heard the chairman of the committee say not only was there a letter from General Motors but also from the United Auto Workers, and yet we hear the process is somehow terribly flawed and that even within the airline industries some airlines are treated differently. Mr. Speaker, the different airlines are reacting differently to the concerns they face. It is not some sort of vast conspiracy with malice aforethought to pick winners and losers. It comes from different responses from the businesses involved. No, a clear level look at what we are doing says that this is, in fact, precisely the bill at this time. As to the process, we heard mention made of the other body. We are mindful that there are those who aspire to become part of the other body, but Mr. Speaker, without impugning any action, although I know we have changed the rules, the fact is a lot of folks basically want to blow up this agreement. We need this bill. It is a good bill. Vote for it.