Bill Jenkins

Mr. JENKINS

Mr. JENKINS. Thank you, Chairman Sensenbrenner, for yielding this time. Mr. Speaker, H.R. 5120, which is incorporated into section 202 of S. 1785 has drawn bipartisan sponsorship from 23 of our colleagues in the House. I introduced this measure because I believe it is both good patent policy and sound health care policy. It corrects an inequity in the patent law and will encourage important innovation in medical research, precisely the purpose that Congress sought to accomplish in enacting the Hatch-Waxman Act. In the patenting process, there are several examples of relief that are available for late filings, late payments and deficient filings. By enacting section 202 of S. 1785, we are continuing to promote the basic purpose of Hatch-Waxman, and we are strengthening Hatch-Waxman. It is important to do this so that our Nation will continue to lead the way in medical research, and so that patients will not be denied promising new innovative developments. Mr. Speaker, I include for the Record letters from medical practitioners and consumer groups from across this country supporting this legislation. Included are letters from the Cleveland Clinic Foundation Heart Center, the Emory University Healthcare Heart Center, and the University of California Los Angeles Medical Center Cardiology Section. Their credentials and their views are impressive. They emphasize the health care advantages of this measure, particularly its effect on opening up new advantageous avenues of medical research to prevent and treat stroke. The Carlyle Fraser Heart Center at Crawford Long Hospital, Athens, GA, June 15, 2006. Congressman John Lewis, House of Representatives, Washington, DC. Dear Representative Lewis: I received a phone call today from Clive Meanwell, Chief Executive Officer of The Medicines Company, regarding H.R. 5120, relating to the patent restoration provisions of the Hatch-Waxman law. I am the Director of Interventional Cardiology at Emory Crawford Long Hospital and have been on the faculty of Emory University School of Medicine for thirteen years. I am also the President of the Greater Atlanta Division of the American Heart Association (AHA), and a medical reporter for FOX-5 television. The major focus of my profession is the care of patients with advanced and complex cardiovascular disease, particularly those undergoing interventional procedures (commonly known as stents) of the arteries of their heart and elsewhere in the body. I am writing in support of H.R. 5120 because I understand that, if it passes, the anticoagulant drug Angiomax may become eligible for patent term restoration. This would allow for further investment in clinical development. Angiomax is a critically important product which is used in the overwhelming majority (thousands) of the interventional procedures at Emory. Angiomax is an important therapy because it provides safe, effective, and cost-effective anti coagulation during interventional procedures. In addition, several Emory physicians have performed extensive research on Angiomax. Emory was one of the leading U.S. centers in a recent trial studying this product. I am perhaps one of the Nation's leading experts and researchers in this area and have lectured internationally and published extensively in this area. Within the last month, we submitted approximately twenty individual research abstracts on Angiomax to the American Heart Association and Transcatheter Cardiovascular Therapeutics national meetings. Our research shows that Angiomax provides equal efficacy to other drugs, costs less, is easier to use, and causes less risk of bleeding complications. Bleeding complications have been shown to increase mortality and are particularly common in patients who are: elderly, female, African-American, and those with kidney disease, anemia, and high blood pressure. I have attached two of our abstracts highlighting the consequences of bleeding complications. These types of patients make up the majority of the patients at our institution. Better outcomes and a reduction in healthcare costs with Angiomax is what we want for the patients of our community. But that is only part of the story. Patent term restoration for Angiomax is important because preliminary experience suggests that Angiomax may be useful in preventing and treating stroke but more studies are needed. Stroke is the Nation's number one cause of disability and third leading cause of death. Over 700,000 Americans suffer strokes each year--one every 45 seconds; over 165,000 die and many thousand more are disabled for life. I know that you are aware that Georgia is part of the high-risk ``stroke belt''. In my capacity with the AHA, one of our major initiatives is reducing the risk of stroke. Unfortunately, the blood thinning and clot-busting agents currently utilized to treat stroke patients can cause dangerous side effects, including intracranial bleeds (as was seen so vividly with Israeli Prime Minister Sharon). Angiomax may be useful in the prevention and treatment of strokes with fewer bleeding side effects. But the very costly and time-consuming clinical trials (which Emory will likely be involved with) which will be needed to explore this and other promising new uses (such as patients undergoing open-heart surgery) will not be feasible unless patent term restoration under the Hatch- Waxman Act is available to the drug's developer. It is vital that H.R. 5120 be enacted so that research in stroke is undertaken to evaluate the use of Angiomax in the treatment and prevention of this debilitating disease. I would be happy to discuss this matter further with you at your convenience. Very truly yours, Steven V. Manoukian, M.D., Director, Interventional Cardiology, Emory Crawford Long Hospital, Emory University School of Medicine.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I would like to recognize the outstanding humanitarian service and contribution made by Rotarian William T. (``Bill'') Sergeant on the occasion of his retirement from his position as Chairman of the International PolioPlus Committee of The Rotary Foundation of Rotary International--a committee that develops Rotary's policies and strategies to achieve polio eradication. Since the inception of Rotary's International PolioPlus Committee in 1994, Bill Sergeant, a retired Colonel, has served tirelessly as the General leading the efforts of Rotary's army of 1.2 million volunteers in the war against polio. A member of the Rotary club of Oak Ridge, Tennessee for more than 50 years, Bill Sergeant held many leadership positions in Rotary, including Rotary International Vice-president, Director, and Foundation Trustee, before assuming leadership of PolioPlus, Rotary's flagship program. Bill Sergeant has traveled to countries on 6 continents to participate in polio eradication activities, represented Rotary International at strategic meetings, and promoted the cause of global polio eradication and ensured its prominence among the Rotary world as Rotary's highest priority. Through his integrity, acumen and keen observation, Bill Sergeant quickly earned the respect of peers in the other three spearheading organizations: the World Health Organization, UNICEF, and the U.S. Centers for Disease Control and Prevention; thereby strengthening the efficacy of this unique public/private collaborative effort for the ultimate benefit of the children of the world. Under Bill Sergeant's leadership, Rotary established criteria for the strategic use of PolioPlus grant funds, launched the PolioPlus Partners program to provide supplemental support for critical polio eradication activities, and established international advocacy to ensure sufficient political and financial public sector support for global polio eradication efforts. During his tenure as Chairman of Rotary's International PolioPlus Committee, three regions of the world have been certified polio-free and only four countries remain with endemic transmission of polio. Bill Sergeant has demonstrated, through his exemplary, single-minded dedication to the goal of a polio-free world, that one man can make the world a better place through commitment, determination, and a great deal of heart. Mr. Speaker, I ask you and our fellow representatives to join me in recognizing Bill Sergeant for his outstanding leadership and service in support of the goal of a polio-free world--a goal which the United States Government shares.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I was not present to cast my votes on rollcall votes 34 through 38 earlier today, March 9, 2006. Had I been present, I would have voted ``aye'' on the Chabot amendment--rollcall 34, ``aye'' on the Hooley amendment--rollcall 35, ``no'' on the Paul amendment--rollcall 36, ``aye'' on the Rehberg amendment--rollcall 37, and ``aye'' on final passage of H.R. 2829--rollcall 38.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I rise today to honor the contributions of a man who has made a significant presence on the business landscape of Tennessee, Virginia, and Kentucky. In 1954, Jack C. Smith made a decision to get into the grocery business in his hometown of Grundy, Virginia. It is a simple story of a man at the age of 29 who saw a need for his community, worked with his family to find the necessary startup capital, and started a grocery store that has not only survived, but thrived and has become a fixture in the region. The following excerpt from the book The Grocer and his Dream--The Story of Jack Smith and KVAT Foods tells the story: Jack Curtis Smith was born August 21, 1925 in Grundy, VA, deep in the coal mining region of Buchanan County. He was the only child of Curtis and Elizabeth Belcher Smith. The nation was on the verge of World War II when Jack graduated from Grundy High School in 1942 and set his sights on a military career. Specifically, he wanted to be in the Navy and he wanted to become an officer. On Flag Day, June 14, 1944, Jack Smith was sworn in as a midshipman at the U.S. Naval Academy in Annapolis, Maryland. Jack graduated in June, 1947 as an electrical engineer. Jack and Judy Smith were married in a formal military ceremony at the Naval Academy Chapel, September 20, 1947. ``We had the crossed swords, everything,'' Jack recalls. In Spring, 1954, Jack Smith was back in his picturesque hometown of Grundy, VA after 10 years in the Navy. Jack and his young family had just finished an exhausting trek from California to the mountains of southwest Virginia where he expected to help his cousin Ernest Smith open several new Ben Franklin variety stores. ``When I got back to Grundy I went to see my cousin Ernest and said, ``Well, I'm ready to go to work,'' Jack explains. ``Then Ernest told me he didn't think his planned expansion was going to work out.'' Ernest Smith had operated a successful Ben Franklin store in Grundy for several years and was in the market to purchase several additional stores in the area. The deal, however, didn't pan out and Jack Smith suddenly found himself with a wife, two young daughters and no job. ``As luck would have it, mother sent me to the store one day. It was just a little A&P with two checkouts and one of those never opened. I got the groceries I needed, and then had to stand in line for 45 minutes. I got back home and told my family, `I think I've found me something to do. What this town needs is a good supermarket.' '' The idea was sound. Grundy did, indeed, need a good supermarket. The question was how Jack could pull it off. He talked with his father, Curtis Smith, a successful local businessman; his uncle Earl Smith, who was Buchanan County treasurer; and his cousin Ernest and they agreed that opening a modern supermarket in Grundy made a lot of sense from a business standpoint. Earl Smith put up some land he owned as his part of the deal and the other three agreed to borrow $60,000 each to match the value of the land. Thus the original four stockholders of the budding grocery business were Jack Smith, his father, Curtis; his uncle, Earl Smith; and his cousin, Ernest. ``So, here I am, 29 years old. I don't know a thing about the grocery business and we've all borrowed money to open a supermarket that I don't know a thing about running,'' Jack says. ``Course, Ernest was thinking all the time,'' Jack continues. ``He's heard of a company called Piggly Wiggly because there were Piggly Wiggly stores all around southwest Virginia. So he contacted the Piggly Wiggly Corporation while we started ground preparation on our store site. In a few days two representatives from Piggly Wiggly, field representative George Fox and Tommy Thompson, vice president in charge of the Piggly Wiggly factory that made store fixtures, came to Grundy and we showed them what we had in mind.'' ``They said, `This looks good. It looks real good. Now what we need is to have you fellows come down to our factory in Jackson, Tennessee and we'll design you a store.' '' The partners quickly hammered out a franchise agreement with Piggly Wiggly and the grocery chain's design division laid out the new supermarket and supplied the fixtures. ``Our fixtures were a little different,'' Jack recalls. ``Everyone else had white in those days but ours were color coded for different departments. I had the most beautiful store anybody ever saw.'' The Grundy Piggly Wiggly, with 8,800 square feet of space, opened for business on November 17, 1955. It was located on Route 83 North. Although he had never dreamed of becoming a grocer, Jack Smith was now in the grocery business, an enterprise that would consume his energies for the next half century. Mr. Speaker, KVAT Food Stores, Inc. will soon be opening its 92nd store in Vansant, Virginia. The date of the opening will be November 17, 2005, 50 years to the day of the opening of its store in Grundy. With 92 stores in Southeast Kentucky, Southwest Virginia, and Northeast Tennessee, the KVAT stores, operating under the name Food City, are pillars of their local communities. In addition, their success has been shared back with the communities they serve. Food City is well known with its programs like Apples for the Students, in which the company has donated over seven million dollars in equipment to schools in their three state service region. In addition, Food City also partners with farmers in Southwest VA and Northeast TN to bring local produce to its customers which helps local farmers and satisfies customer demand. Finally, Food City shares its success with its employees. In fact, the company now has 16 percent of its ownership held by its associates, a number expected to continually rise with its profit sharing plans. KVAT and Food City deserve recognition at their 50 years of service and success, and I know that the congressional delegation of this region join me in honoring the vision of Jack Smith and celebrating all of those who have worked so hard to see its success over the last 50 years.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, on rollcall Nos. 436, 437 and 438 I was in a room in the Longworth building and the bell did not ring. I was unaware of votes occurring. Had I been present, I would have voted ``nay'' on rollcall No. 436 and ``yea'' on rollcall Nos. 437 and 438.

Mr. JENKINS

Mr. JENKINS. Mr. Chairman, I have a point of order.

Mr. JENKINS. Mr. Chairman, I make a point of order against what was left unprotected by H. Res. 341 in section 565 that begins on page 113, line 26, through page 114, line 10, for the reason that it violates rule XXI, clause 2, which prohibits legislative language in a general appropriations bill.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, on rollcall Nos. 324 and 325 I was detained by business in my district. Had I been present, I would have voted ``aye'' on both.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I rise today to pay tribute to Mrs. Margit Worsham, a resident of the First Congressional District of Tennessee. Mrs. Worsham is being recognized for her extraordinary efforts by the Tennessee General Assembly, and I would appreciate having the opportunity to recognize her efforts here in the United States House of Representatives as well. Margit, along with her husband Earl, has been a tireless contributor to Sevier County, Tennessee. Through her efforts she has been directly involved and/or responsible for raising over $2,500,000 in benefits to aid those in need. Margit has served as the Sevier County United Way Chairman, breaking fundraising records during her tenure. She has also served in a variety of capacities within the community; serving as Board Chair of the Sevier County Arts Council, Board Member of the Gatlinburg Gateway Foundation, Board member of Leadership Sevier, member of the Gatlinburg First and Lasting Impressions Committee, Board Member of the Sevier County Bear & Boar Club, and the Sevier County Representative on the Nine Counties One Vision organization. On top of that, Margit has also served as an organizing member of Gatlinburg's Fourth of July Parade, Taste of Autumn event, Vision Conference, and the Leadership Sevier Graduation Event. While those missions should be enough to keep Margit fully occupied, she also serves with several conservation groups working to protect the Great Smoky Mountains National Park and the Atlantic Salmon. When asked to describe her personality, a fellow volunteer remarked that her enthusiasm, friendliness, positive attitude, and energy made her a natural leader. It was also noted that Margit never delegates a job she is not willing to do herself, and never asks for contributions until and unless she has done so herself. Mr. Speaker, residents like Margit Worsham are the reason many local communities flourish. Margit, and thousands like her, contributes so much time and effort to ensure that important causes and important people continue to be assisted or protected. We should always recognize these valuable personal assets to our local communities, and I ask that the House join me in honoring this remarkable woman.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, a significant majority of Americans believes that current immigration levels need to be reduced, according to consistent polling results over the last decade. This country currently admits about one million new legal immigrants every year. An undetermined number come in illegally. Realistically, it will take several years to produce the comprehensive reforms that are needed. However, there is something that we can do now to improve the situation. In 1990, immigration laws were changed to include a new diversity lottery program. The premise of this new program was to encourage more immigration from nations that were not already sending large numbers to the United States. Unfortunately, the current format for this lottery program are subject to fraud and abuse and leave our nation exposed to those who may seek to do harm on American soil. Under this program, any applicant that applies under the current setup for this program may be chosen at random and given the status of a permanent resident simply based upon luck. We already have a tragic example of the potential for danger with the story of Hesham Mohamed Ali Hedayet, the gunmen who killed two people at the Los Angeles International Airport in July of 2002. The investigation of this shooting revealed that the gunman had been in the U.S. illegally, but his wife won the visa lottery. This enabled the husband to apply for permanent status and remain in the country to commit his crimes. There are also a number of stories of fraud and abuse that have been identified by the Inspector General of the State Department. Duplicate applications, identity fraud, and forged documents have been found to be commonplace in these reviews, leaving our national security at risk. The current diversity visa program does a disservice to our immigration policy and to those immigrants who have moved through the more traditional process that allows them to lawfully reside in this country. Combining this with the clear threats to our national security, it is imperative that we take steps to reform this dangerous program. Legislation has been introduced that I have cosponsored, H.R. 775, the Security and Fairness Enhancement for America Act, which would eliminate the visa lottery program. The House Immigration Subcommittee has held a hearing on the proposal, and we should continue efforts to move it promptly through the legislative process.

Mr. JENKINS

Mr. JENKINS. Mr. Chairman, I rise in strong opposition to this amendment.

Mr. JENKINS

Mr. JENKINS. I thank the gentleman for yielding me this time. Mr. Speaker, I strongly support H.R. 4520 for many reasons. Number one, it protects American jobs. In addition, it brings some measure of relief to a segment of our economy that has been under assault for a long period of time. Lawsuits, actions and inactions of our government have put hardworking tobacco farm families in peril and threaten the economic well-being of rural communities in many States. This will help prevent an economic train wreck in those areas that have depended on this crop as a mainstay of their economy longer than we have been a Nation. In addition, it will help, in my honest opinion, to satisfy the mandate of the fifth amendment to our Constitution that no property will be taken without just compensation. Finally, Mr. Speaker, it will address a great inequity that has existed since 1986. It restores the State sales tax exemption for Federal income tax. I urge my colleagues to support this legislation. Mr. Speaker. I strongly support H.R. 4520 and I commend the chairman and the Committee on Ways and Means for bringing to the House this legislation to protect American jobs and to bring fairness to a segment of our agricultural economy and a section of our Tax Code. Assessments totaling billions of dollars are being assessed against exported American goods by the World Trade Organization--threatening tens of thousands of American jobs--unless the Congress responds with remedial measures. This is the remedial action that will provide protection for those jobs for thousands of Americans. In addition it brings some measure of relief to a segment of our economy that has been under assault for a long period of time. Lawsuits--actions and inactions of our government have put hardworking tobacco farm families in peril--and threaten the economic well being of rural communities in many States. This will help prevent an economic train wreck in those areas that have depended on this crop as a mainstay of their economy longer than we have been a nation. In addition it will help--in my opinion--to satisfy the mandate of the fifth amendment to our Constitution--that no property will be taken without compensation. Finally, Mr. Speaker, it will address a great inequity that has existed since 1986. In that year the ability to claim as a deduction on our Federal income tax an amount that was paid in State sales tax was taken away. Many states rely on sales tax as their principle source of revenue and do not have a State income tax. State income tax is still a valid deduction on a Federal income tax return--but not State sales tax. H.R. 4520 restores sales tax as a deduction. If H.R. 4520 becomes the law of the land it will alleviate the existence of this inequity that many have never been able to understand. I urge my colleagues to support this legislation.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, steadfast leadership, eternal optimism, profound faith, inspirational articulation, fierce patriotism: when America needed these qualities in a leader, President Ronald Reagan stepped in to fill the void. We come here to the Congress today to celebrate and honor the life of a man whose will forever be etched in history as one of the greatest leaders of the 20th Century. The stories have been told so often by those of us who supported President Reagan over the years that they seem mundane, almost like a fictional novel or a movie script. High taxes, a struggling economy, a need for international stature and respect, and low morale affected the nation. At that time, a man who had come from the most humble beginnings stepped up to offer his vision for America. Washington politics tend to bring a variety of characters to the capital city, and Ronald Reagan was the unlikeliest of candidates: a child of a transient family with little income. He dreamed of being a writer or an artist, became a sports broadcaster, then a Hollywood actor, later a union leader, even later a governor, and finally a President. His political affiliation would change over the course of a lifetime, but his core belief system remained essentially unchanged. Throughout his life, Ronald Reagan believed America is capable of great things and its people could and would lead the way if left unburdened by taxation and regulation. President Reagan also had an insatiable thirst to let the rest of the world enjoy the gifts of freedom and liberty. The ``shining city on the hill'' would be the beacon for the rest of the world. Often dismissed or underestimated by political opponents, President Reagan had the most valuable weapon in the political arsenal: a bond with the people. Even in the face of his political defeats, it was the support of the American public that sustained and invigorated him. In 1980, a nation in need of change selected Ronald Reagan to restore the shine to a tarnished America. Over the course of two terms, President Reagan revolutionized the Republican Party and changed the political atmosphere in a way still being felt today. He did what he said he would do. He lowered taxes, igniting an economic boom that reverberates to this day. A more streamlined tax code was authored. Regulatory burdens were challenged. Our armed forces were restored and then strengthened. The threatening scourge of communism was confronted in a way that America's enemies had not anticipated. Not only did President Reagan turn to face this menace, he out-argued his opponents and used the tools of freedom and democracy to win a war few thought could be won without the use of massive weaponry. After achieving these monumental victories, one would think that perhaps President Reagan's ego would match the size of his victories. Nothing, however, was further from the truth. President Reagan always gave the credit to the American people and American ideals. He treated his job as a valuable temporary loan from the American people, a loan that should be respected and returned with dutiful appreciation. He left the office of the Presidency with a poignant farewell from the Oval Office: We've done our part. And as I walk off into the city streets, a final word to the men and women of the Reagan revolution, the men and women across America who for eight years did the work that brought America back. My friends: We did it. We weren't just marking time. We made a difference. We made the city stronger. We made the city freer, and we left her in good hands. All in all, not bad, not bad at all. Truer words have never been spoken, as President Reagan left Washington having achieved the triad of goals he was elected to accomplish in eight short years: improving the economy, restoring American prestige internationally, and reestablishing the confidence of the American psyche. Just a few years later, his quiet exit from public life was as graceful as his exit from the White House. Ronald Reagan's well documented final battles with Alzheimer's disease were fought with the same conviction and courage that his many public battles were fought. We all knew the ``long goodbye'' would eventually knock at the door. And, while we sadly mourn our loss today and send our deepest sympathy to Nancy and the rest of the Reagan family, we can also take solace in and celebrate one last Reagan victory: the ``Great Communicator'' now has been welcomed to a place where his faculties are restored, his great skills have been returned to him, and he probably smiles down on us as a grateful America says ``Thank you, Mr. President'' once again.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I rise today to request that the House join me in recognizing the centennial celebration of the B'Nai Sholom Congregation, located in Blountville, Tennessee. Since the turn of the 20th century, members of the Jewish community in Upper East Tennessee and Southwest Virginia have been meeting together to celebrate and worship. In 1904, the B'Nai Sholom Congregation was founded, and its earliest members worshipped in Bristol until 1957, when the congregation moved to its current home in Blountville. B'Nai Sholom means ``sons of peace,'' and the congregation has grown over the years as the region has developed. With the diversity of our region, and the makeup of the synagogue's membership changing over the years, B'Nai Sholom has developed a variety of ideological practices. The strength of the congregation comes through its unity in faith and the Jewish heritage. Today, B'Nai Sholom continues to be the center of worship for the Jewish community in the region. It continues to be successful because of the hard work, dedication, and spirit of the families who make up the congregation today. They carry on the fine traditions of the wonderful people who started the congregation many years ago, mindful of the importance of having a center of worship where families can join to celebrate, learn, and worship. B'Nai Sholom is certainly worthy of our praise as they celebrate their centennial year in 2004. The congregation is a credit to our district in East Tennessee and to the Jewish community throughout the world. I know that the Members of the House will join with me in congratulating B'Nai Sholom on its 100th anniversary and wish them continued success and prosperity for many years to come.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I rise today to ask my colleagues to join me in recognizing the week of April 19th as National Primary Immune Deficiency Diseases Awareness Week. Primary immune deficiency diseases (PIDD) are genetic disorders in which part of the body's immune system is missing or does not function properly. The World Health Organization recognizes more than 150 primary immune diseases which affect as many as 50,000 people in the United States. I am familiar with primary immune deficiencies because of a young man in my district, Matt Seals, who was born with an extremely rare PIDD called X-linked Agammaglobulinemia (XLA), a genetic disorder that prevents his body from producing B-cell antibodies that protect him from infections. Matt experienced difficulty and delay in diagnosis of his primary immune deficiency disease. Despite the recent progress in PIDD research, the average length of time between the onset of symptoms in a patient and a definitive diagnosis is 9.2 years. Those who remain undiagnosed may suffer repeated and serious infections and possibly irreversible damage to internal organs. That is why it is critical to raise awareness about these illnesses with the general public and health care community. I want to commend the Immune Deficiency Foundation for its leadership in the areas of education and support, and I am proud to join them in recognizing the week of April 19th as National Primary Immune Deficiency Diseases Awareness Week.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I rise in support of this rule. This legislation appears to me to be a compromise that is filled with positive aspects of the give and take of the legislative process and saturated with the element of common sense that both sides to this controversy say that they strive to achieve. In one aspect that has already been mentioned, it penalizes the adjudicated intentional violator of the law and the intentional tort feasor and precludes him from escaping the consequences of his act by hiding behind the provisions of the bankruptcy act. I think this is entirely proper, because the bankruptcy act was never intended to protect anyone in this situation. At the same time, it protects the innocent who are simply exercising their constitutional rights, who are lawfully assembled or expressing their freedom of speech. I urge my colleagues to vote for the rule and to vote for the conference report.

Mr. JENKINS. Mr. Speaker, I rise in support of the rule for the consideration of H.R. 333, the Bankruptcy Abuse Prevention and Consumer Protection Act. This legislation appears to be a compromise that is filled with positive aspects of the give and take involved in the legislative process and saturated with the element of comment sense that both sides to this controversy say that they strive to achieve. Today, I rise to discuss one aspect that has been mentioned frequently on the floor today. The compromise language agreed to be the conference committee penalizes the adjudicated intentional violator of the law and the intentional tortfeasor and precludes him from escaping the consequences of this act by hiding behind the provisions of the bankruptcy act. This is entirely proper because the bankruptcy act was never intended to protect anyone in this situation. At the same time, it protects the innocent who are simply exercising their constitutional rights--who are lawfully assembled or exercising their freedom of speech. We should remember that this legislation is the product of years of hard work by the Judiciary Committee in both the House and Senate. This legislation answers a plea from across our land to address a serious weakness that exists in our system of providing relief to those who are overwhelmed by financial burdens. I urge my colleagues to vote in favor of the rule.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I rise in support of this resolution. The preamble of this resolution sets out in detailed chronological order the obligations that were imposed upon and accepted by the regime of Saddam Hussein as the result of a United Nations-sponsored ceasefire in 1991. They were clear obligations for Saddam Hussein to end his nuclear, biological, and chemical weapons programs and the means to deliver them and to end his support for international terrorism. I have heard no one deny the existence of these obligations. I have heard no credible denial of their breach. Since our country has been attacked by terrorists and we continue to be threatened, at least in part, due to the breach of these obligations, it becomes the duty of the President and this Congress to chart a course of action that will protect our country and all its citizens. This resolution in my opinion charts such a course. It provides that the President is authorized to use the Armed Forces as he deems necessary and appropriate to defend the national security of the United States, and, secondly, to enforce all relevant United Nations Security Council resolutions regarding Iraq. In the final analysis, it boils down to a matter of judgment, whether we should vote ``yes'' or ``no.'' My judgment is unless I vote ``yes,'' I have failed to meet the obligation that I have to the more than 630,000 men, women and children who constitute the First Congressional District of Tennessee who are at risk today because of the failures of Saddam Hussein. Is there any question in anybody's mind what the votes of any of those brave leaders who founded or helped perpetuate our Nation would be? Leaders like President Washington, President Lincoln, President Truman, or President Eisenhower, all who demonstrated during their time in office the good judgment to chart and the courage to complete a difficult course. Can we not agree all of us in this Chamber that mankind would have been spared terrible agony and death if the judgment of Winston Churchill had been heard and heeded and adopted as a course of action in the 1930's? The eyes of all our great leaders of the past and the eyes of all who have laid down their lives for our freedom are upon us today to see if we are proper stewards of the freedom and the opportunities that they afforded us with their sacrifices. This decision is vital, not only to the future of Americans, but to the future of the world community and to all who would throw off the yoke of tyranny and oppression and escape the horrors of chemical, bacteriological, and nuclear warfare. If we are forced to action following this resolution, and it is everybody's hope that we will not be, it will be easier in proportion to our accord for those who represent us on the battlefield. Mr. Speaker, I urge passage.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I thank the gentleman from Nebraska (Mr. Osborne) for yielding time to me. Mr. Speaker, I appreciate very much the subcommittee and the committee in their favorable consideration of this bill, and in recommending it for passage. The gentleman from Nebraska (Mr. Osborne) has explained the provisions of this bill very well, and he pointed out that in planning this project, that it was discovered that the Secretary of the Interior had power to issue permits for other utilities, but not for natural gas, and that power has been given to the Secretary of the Interior on a case-by-case basis in the case of other national parks across this land. All of these lines will be laid underground. The lines will be all under a road, and there will be no diminution in the natural beauty of this great national park. As we know, this is the most visited national park in the country. There is substantial growth on all sides of this national park, in all of the border areas. The passage of this legislation will allow that growth to be clean growth. The Senate has passed this legislation, and we will appreciate the favorable consideration in the House of Representatives.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I was not present to cast my votes on rollcall votes 247 through 257 on June 21 24, and 25, 2002. Had I been present, I would have voted ``no'' on rollcall 247. I would have voted ``aye'' on rollcall votes 248 through 257.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I was not present to cast my votes on rollcall votes 230, 231, and 232 on June 17, 2002. Had I been present, I would have voted ``aye'' on rollcalls 230, 231, and 232.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I was not present to cast my votes on rollcall vote Nos. 171, 172, and 173 on May 20, 2002. Had I been present, I would have voted aye on rollcall Nos. 171, 172, and 173.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, as our nation continues to heal the wounds from the losses suffered on September 11, 2001, I have personally received numbers of phone calls, e-mails, and letters from East Tennesseans offering suggestions, words of support, and prayers for all Americans dealing with this tragedy. Mr. Jerry White, a teacher from Hampton, Tennessee composed a song titled ``Freedom Didn't Fall.'' In addition, Dr. Charles L. Walter from Johnson City, Tennessee enclosed a hymn titled ``When Sudden Terror Tears Apart.'' Having been moved by these musical compositions, I wanted to share these lyrics with the Congress in order that others may read these uplifting and comforting words. Freedom Didn't Fall--Mr. Jerry White We took a mighty hit that day, brothers hear the call. Buildings crumbled to the ground, but freedom didn't fall. Today our hearts are heavy, we share the grief you bear. Evil bounds through the world, we've turned to God in prayer. America must be strong this hour, rays of hope through perils and fright, A light of love for freedom, shining brightly through the night. Innocent souls passed on that day, they are martyrs to the cause. We must be devoted to fight and never stop to pause. It will be hard to find the enemy to fight. This may be the final chance for the whole world to unite. We must stand firm to eradicate evil from our home, And stand as models to the world no matter where we roam. Why did this happen here, we ask? The answer's plain to see. They terrorize for naught, but strike fear in you and me. These were evil deeds, the acts of evil men. We must resolve and affirm that this will never occur again. Firemen, policemen, volunteers have answered freedom's call. Dedicated sacrifice in this land of sacred law. The heroes in the plane of Air Flight Ninety-Three, Have set the tone of sacrifice for all of us to see. Yea, we took a mighty hit today, now Americans hear the call Buildings crumbled to the ground, but freedom didn't fall!

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I was not present to cast my votes on rollcall Nos. 93, 94, and 95 on April 16, 2002. Had I been present, I would have voted ``aye'' on rollcall 93, 94, and 95.

Mr. JENKINS

Mr. JENKINS. Mr. Speaker, I rise today to ask the Congress to honor the memory of Master Sgt. Jefferson Donald ``Donnie'' Davis, an American hero. Master Sgt. Davis was killed in action in Afghanistan on December 5th while participating in Operation Enduring Freedom. He was a member of the Army's 5th Special Forces Group stationed at Fort Campbell, Kentucky. Yesterday, Master Sgt. Davis was buried with full military honors near his birthplace in Watauga, Tennessee. He had made a career out of the military, serving in Korea, the Middle East during Operation Desert Storm, Somalia, and Afghanistan. It is the ultimate sacrifice when a soldier dies for his country. We are able to enjoy the freedoms we have today because of men like Master Sgt. Davis and the hundreds of thousands of Americans who have given their lives in the fight for American principles over the past 225 years. Master Sgt. Davis knew the particular risks of being a Green Beret and gladly accepted them. He was aware of the immediate dangers faced by those men, the elite fighting soldiers that this country depends upon in times of crisis. Time and time again, Master Sgt. Davis answered the call of his country, left his family and home, and served with distinction wherever he was sent. Master Sgt. Davis was a professional soldier, a man who had earned the respect of his fellow soldiers, and he was remembered fondly by all whom had come to know him over the 39 years of his life. He was also remembered locally as the kind of young man that every parent wants his or her son to be like. I know I speak for the entire Congress when I extend sympathies to Master Sgt. Davis' wife Mi Kyong, his children Cristina and Jesse, his parents Lon and Linda, and the rest of his family and friends who are grieving during this difficult time. When the terrorists struck our country, our President made the difficult but appropriate decision to respond with our military. Throughout history, in any conflict involving American troops, Tennesseans have volunteered to serve. They have fought and died in every corner of the world to protect freedom. Master Sgt. Davis answered the call of his country, and his death will forever inscribe his name on the roll of heroes who have made the ultimate sacrifice, giving their life in order to protect the lives of others. His efforts should remind us all that the liberties we enjoy do not come without a price. Let us always remember these costs, and always remember Master Sgt. Jefferson Donald Davis.