Scott McInnis

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to pay tribute to Gay Cappis and thank her for her extraordinary contributions as County Clerk for San Miguel County. Her life-long dedication to both her job and the people of San Miguel County is matched only by the level of integrity and honesty with which she has conducted herself each and every day while at her post. She will always be remembered as an employee with the utmost dedication and talent, and will continue to be known as a leader in her community. As she celebrates her retirement, let it be known that I, along with each and every person with whom she has worked and the people of San Miguel County, are eternally grateful for all that she has accomplished in her more than 50 years of public service. Gay worked in the San Miguel County office for over 24 years, beginning as a typist at the age of 19 for County Clerk Shelly Clark. Gay was later appointed Deputy County Clerk by Mollie Rae Carver in 1964. She was then appointed County Clerk in 1970 and has run successfully for this important position to this day. For over 50 years, Gay has selflessly given her time, energy and unrelenting commitment to the people of San Miguel County. Although we are sad to lose her services, we are happy that she will now have more time to travel and relax with her husband George and enjoy her well deserved retirment. Mr. Speaker, it is clear that Gay Cappis is a woman of unparalleled dedication and commitment to both her professional endeavors and the people of her community. It is her unrelenting passion for each and every thing she does, as well as her spirit of honesty and integrity with which she has always conducted herself, that I wish to bring before this body of Congress. She is a remarkable woman, who has achieved extraordinary things in her career and for her community. It is my privilege to extend to her my congratulations on her retirement and wish her the best in her future endeavors.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, it is with profound sadness that I pay tribute to a local hero whose life-long pursuit of improving and enriching the lives of others is an inspiration to us all. Lud E. Washington recently died just short of both his 88th birthday and his 50th wedding anniversary to his wife Marguerite, but his life was one of immense fulfillment and a source of endless joy for those who knew and loved him. As his family mourns the loss, I believe it is appropriate to remember Lud and pay tribute to him for his contributions to his community, his state and his country. Lud was a true pioneer who fought courageously to break down racial barriers and open doors for future generations of African-Americans and minorities. He gave his time and energy to those who needed him most. He began his career by running the all African-American Lincoln Home, which served as a boarding house for African-Americans of all ages who were in need of a caretaker and mentor. He dedicated his life to ensuring that no child grew up without the proper guidance, love, or care. Lud believed that he could, by offering his help to one child at a time, have a dramatic impact on an entire community. Lud was the first African-American foreman at the Pueblo Army Depot, breaking down barriers that enabled others who followed him to attain increasingly higher-ranking positions within the military. He, along with long-time friend Linc Wilson, led Pueblo's first and only all African-American Boy Scout Troop in the late 1940's, an undertaking that served as an indispensible resource for the young African- Americans of the Pueblo community. By fostering a spirit of leadership, camaraderie and cooperation, the Troop helped provide the positive reinforcement that so many children had previously not been able to find elsewhere. Lud's efforts and courage in the face of long odds are a testament to his indestructible and benevolent human spirit. Mr. Speaker, we are all terribly saddened by the loss of Lud Washington, but take comfort in the knowledge that our grief is overshadowed only by the legacy of courage, selflessness and love that Lud left with all of us. His life is the very embodiment of all that makes this country great, and I am deeply honored to be able to bring the attention of this body of Congress to his life. Lud Washington will be deeply missed by his family, his friends and the entire community.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I am going to move to another subject, but I will be happy to yield to the gentleman if he wants to conclude.

Mr. McINNIS. I thank the gentleman from Arizona. The gentleman is correct. These biologists lied. There is no way around it. These were Federal employees who lied. They have admitted to their lie. They planted evidence. The purpose for which they planted this evidence was to alter the National Lynx Survey. They wanted to alter it in such a way, in my opinion, that they wanted to show the existence of an endangered species in a forest, which in fact no previous evidence has been found that that possibly endangered species had habitat in that area. That is the whole intent. Now, what they are saying today is they just wanted to test the laboratory. You can imagine, to my colleague from Arizona, if you put a gun in your belt and walked through the metal detector at the airport and then explain to the officers that captured you, I just wanted to test your metal detector, that is why I walked through with a gun. Or a cop who plants evidence who says I just wanted to test the laboratory, the crime lab, to see if they could find that I planted the evidence and not the poor suspect who could face years in prison, point number one. The second point I would make with the gentleman is, the gentleman speaks of the national media. Can we imagine what the national media would be doing with this story if, in fact, the facts were reserved. If, in fact, somebody had gone in and actually taken a live lynx or taken evidence out of the forest so that it appeared that no endangered species existed in that area, to me, that would be completely intolerable. But it would be on the front page of, certainly, The New York Times and certainly The Washington Post and certainly the Miami Herald and all of the papers in Massachusetts and Connecticut. This story is being brushed aside in some camps. It is our responsibility. I say to my colleague from the State of Arizona, under the subcommittee of which I am chair and of which the gentleman is an active member, it is our responsibility, regardless of the Robin Hood mystique that may be placed by some media outlets on these individuals, it is our responsibility to make it known that Federal biologists have a fiduciary responsibility, which has been violated through their lies, which they have admitted to, through their planting of evidence, which they have admitted to, and have them answer to the consequences of their actions. I yield to the gentleman.

Mr. McINNIS. Mr. Speaker, I would point out to the gentleman, we have heard a lot of discussion about the Enron Corporation and a lot of attention has been paid to the Enron Corporation, and the shredding, not only at Enron, but Arthur Andersen, the shredding of evidence. They are there destroying evidence. In this particular case which, by the way, could impact hundreds of thousands of people, evidence was not shredded, it was created, falsely created and then planted as to affect the result of the study. So I appreciate the gentleman. What I intend to do here is read for the Record, unless the gentleman has any further comments, I would like to read for the Record a letter issued by the chairman of the whole committee and myself as chairman of the Subcommittee on Forest and Forest Health, a letter sent to the Secretary of the Department of Agriculture and to the Secretary of the Interior. ``Dear Secretaries: ``We are alarmed and outraged by the findings of a recent Forest Service investigation regarding the lynx recovery survey, which concluded that hair samples from Canadian lynx had been illicitly ``planted'' on three known occasions by officials in the U.S. Forest Service, the U.S. Fish and Wildlife Service, and the Washington State Department of Fish and Wildlife. While we commend the Forest Service and the Fish and Wildlife Service for investigating the matter and bringing it to Congress's attention, we believe the investigation's findings raise other fundamental issues and questions that have not yet been satisfactorily answered. Notably, it calls into question the very credibility and the integrity of broader lynx surveys. Given the extraordinary impact that the lynx recovery program will have on the management of national forests throughout the West and around the Nation, the Forest Service and the Fish and Wildlife Service should immediately resolve these outstanding issues. ``First, we believe that simply reassigning culpable individuals is a grossly inadequate punishment, given the magnitude of this offense. While the investigation may, in fact, be correct in concluding that these incidents do not rise to the level of criminality, a finding we reserve judgment on until we have the opportunity to thoroughly review the facts and the relevant laws, these offenses minimally amount to professional malfeasance of the highest order. Whatever the reason, these individuals appear and have admitted to knowingly and willfully planted false evidence that, if unexposed, would have had immense implications on any number of management decisions. Even if not criminal, again, an issue we reserve judgment on, this unethical behavior runs afoul of even the most lackadaisical standard of professional conduct. As such, we believe these individuals should be terminated immediately if their guilt is verifiable. We have every confidence that if a Federal employee buried or otherwise concealed legitimate evidence pointing to the existence of a lynx on a national forest, their termination would be swift and sure. This incident should be treated no differently. Federal land managers simply cannot be allowed to obstruct a process of this size and this consequence with relative impunity. ``Second, we believe the nature of these improprieties dictates an immediate and a thorough review of all of the data acquired during the course of the lynx survey. A December 13 Forest Service memo to Congress detailing this incident asserts that survey coordinators feel the integrity of the overall lynx sampling effort is being maintained. But the memo offers nothing to support those findings. Has the Forest Service attempted to independently verify the scientific authenticity of previously identified lynx samples found in other regions? Can the Forest Service and the Fish and Wildlife Service say with any level of certainty that any other lynx samples were not planted in a similar manner? If the answer to either of these questions is no, how can the Forest Service and Fish and Wildlife Service guarantee Congress and the public that the national lynx recovery effort is grounded in science rather than in the fraudulent behavior of some unscrupulous field officers. ``Ultimately, the credibility of the lynx survey is now hanging by a thread. The Forest Service and the Fish and Wildlife Service have an obligation to demonstrate the propriety of other samples before it uses the lynx survey to make sweeping land management decisions. ``As your internal audit of this situation moves forward, we intend to ask the General Accounting Office to conduct its own parallel probe of these incidents. In addition, at this time we are planning on holding oversight hearings before the Forests and Forest Health Subcommittee early next year,'' that is this year, ``to ensure that this unfortunate occurrence is satisfactorily remedied.'' The reason I read this into the Record is, one, I wanted the letter submitted for the Record, as the gentleman from Arizona mentions, but I also want to point out that this notes several of the points that the gentleman has brought up. The gentleman has stated, I think in explicit terms, exactly what the concern is we have here, and that is, we have to depend on credibility. We cannot risk having scientists who make these kinds of decisions planting the evidence. It is not right. It is a lie. It ought to face the consequences. Mr. Speaker, I will include for the Record at this time the aforementioned letter. December 17, 2001. Ann M. Veneman, Secretary, Department Agriculture, Washington, DC. Gale A. Norton, Secretary, Department of Interior, Washington, DC. Dear Secretary Veneman and Secretary Norton: We were alarmed and outraged by the findings of a recent Forest Service investigation regarding the lynx recovery survey, which concluded that hair samples from Canadian lynx had been illicitly ``planted'' on three known occasions by officials in the Forest Service, the U.S. Fish and Wildlife Service and the Washington State Department of Fish and Wildlife. While we commend the Forest Service and the Fish and Wildlife Service for investigating the matter and bringing it to Congress' attention, we believe the investigation's findings raise other elemental issues and questions that have not yet been satisfactorily answered. Notably, it calls into question the very credibility and integrity of the broader Canada lynx survey. Given the extraordinary impact that the lynx recovery program will have on the management of national forests throughout the West and around the nation, the Forest Service and the Fish and Wildlife Service should immediately resolve these outstanding matters. First, we believe that simply reassigning culpable individuals is a grossly inadequate punishment given the magnitude of this offense. While the investigation may in fact be correct in concluding that these incidents do not rise to the level of criminality--a finding we reserve judgment on until we have the opportunity to more thoroughly review the facts and relevant laws--these offenses minimally amount to professional malfeasance of the highest order. Whatever the reason, these individuals appear to have knowingly and willfully planted false evidence that, if unexposed, would have had immense implications on any number of management decisions. Even if not criminal--again, an issue we reserve judgment on--this unethical behavior runs afoul of even the most lackadaisical standard of professional conduct. As such, we believe these individuals should be terminated immediately if their guilt is verifiable. We have every confidence that if a federal employee buried or otherwise concealed legitimate evidence pointing to the existence of a lynx on a national forest, their termination would be swift and sure. This incident should be treated no differently. Federal land managers simply cannot be allowed to obstruct a process of this side and consequence with relative impunity. Second, we believe the nature of these improprieties dictates an immediate and thorough review of all the data acquired during the course of the lynx survey. A December 13 Forest Service memo to Congress detaining this incident asserts that ``survey coordinators feel the integrity of the overall lynx sampling effort is being maintained,'' but the memo offers nothing to support these ``feelings.'' Has the Forest Service attempted to independently verify the scientific authenticity of previously identified lynx samples found in other Regions? Can the Forest Service and the Fish and Wildlife Service say with any level of certainty that other lynx samples were not ``planted'' in a similarly surreptitious manner? If the answer to either of these questions is no, how can the Forest Service and the Fish and Wildlife Service guarantee Congress and the public that the national lynx recover effort is grounded in science, rather than in the fraudulent behavior of unscrupulous field offers. Ultimately, the credibility of the lynx survey is now hanging by a thread. The Forest Service and the Fish and Wildlife Service have an obligation to demonstrate the propriety of other samples before it uses the lynx survey to make sweeping land management decisions. As your internal audit of this situation moves forward, we intend to ask the General Accounting Office to conduct its own parallel probe of these incidents. In addition, at this time we are planning on holding oversight hearings before the Forests and Forest Health Subcommittee early next year to ensure that this unfortunate occurrence is satisfactorily remedied. Sincerely, Scott McInnis, Chairman, Subcommittee on Forests and Forest Health, Committee on Resources. Jim Hansen, Chairman, Committee on Resources. Announcement By The Speaker Pro Tempore

Mr. McINNIS. I thank the gentleman from Arizona. I might point out to my colleagues here, what we are talking about has implications for millions of people. When you close down a forest in the West, remember that in the West we have huge quantities of public lands. In the East you have very little public land. In fact, in many of your States your public lands are the lands where the county courthouse sits. Oh, we have the Shenandoah Park and the Florida Everglades, but for the most part in the East you have no public lands. In the West we are totally and completely dependent upon public lands. All of our power, our highways, our lifestyle, our recreation, our farms, our ranches, our water, everything is fully dependent upon the Federal lands. There are ways that you can shut us off. There are ways that you can shut down human existence in the West. One of them is through these endangered species. There has been a much higher priority given to endangered species, as you know, than human species on a number of occasions. In some cases I think there is some justification for that. But under these circumstances, what has happened is if you found evidence of a lynx, and in fact that endangered species never existed in that particular area, or the habitat is not in existence, but because of planted evidence, because Federal employees lied, hundreds of thousands of people who depend on the public lands or thousands and thousands of people who have private lands that are impacted by the endangered species, and remember, endangered species regulations do not just apply to public lands, they apply to private lands, their lives could be affected in a very negative fashion, a loss of huge value of their holdings or their lifestyles or their work. So the ramifications of planting this evidence are just as serious as if a cop came into the gentleman from Arizona's office and planted a bag of cocaine and then turned you in. You can imagine the public outcry for your resignation because they found cocaine in your office. The ramifications are huge. And it is same thing here. The ramifications of this false and planted information are devastating if deployed in the way that these biologists intended.

Mr. McINNIS. Reclaiming my time from the gentleman from Arizona, the answer to that is yes, they remain as employees of the Federal Government, in good standing, by the way, I might add. Number two, the Forest Service, to this point in time we have not been able to secure from them information as to what other studies these particular biologists have been involved in. Because of the fact of the deeds that these biologists have committed, the admitted deeds of planting evidence in hopes of having a conclusion reached that lynx existed in these particular forests, because of the seriousness of these charges, it is my opinion that we should look at any work that these people have done to see whether or not they have also planted evidence in those cases. As the gentleman from Arizona will recall, a few months ago in the City of Los Angeles they had a bad cop and he planted or fabricated evidence in many, many cases. They had to reopen every case that cop ever had his fingerprints on to see whether in fact, and, unfortunately, they found out he had, to find out if in fact that officer had altered evidence in those cases. That is exactly what needs to happen here. But, unfortunately, the Forest Service thought it was appropriate just to counsel these employees, pat them on the back and tell them that they were bad boys and bad girls and they should behave more properly in the future and let it go at that. Had we not found out about it, frankly, I am afraid we would see that alteration or planting of evidence would then be seen as somewhat of an acceptable practice with very little punishment by the controlling agency.

Mr. McINNIS. At this point in time, reclaiming my time from the gentleman from Arizona, I should say the Forest Service, or the Department of Interior, or the Division of Wildlife in the State of Washington, none of these agencies were forthcoming in advising the United States Congress, more specifically the committees that have direct responsibility over these issues, advising us that in fact false evidence had been planted in a very critical study and it altered or could have altered the results of that study. So that information was not provided. We dug that information out. However, once the information was located or provided to us, then I can tell you the new head of the Department of Agriculture, Ann Veneman, the head of the National Forest Service and the Secretary of Interior have been very cooperative. To the extent they have not yet given us those names, I am going to get those names and I am going to release them to the public. I think the public has a right to know the bad cop. In Los Angeles they put that name out real quickly, because they wanted people who dealt with this cop to know they had a bad cop. We need to know this here, too. But to this point in time, they have been cooperative, the heads of the agencies. We have not, in my opinion, found that same form of cooperation at lower levels. In other words, we are finding a great deal of resistance obviously by the biologists themselves. They know they are in a lot of hot water and so on. So, yes, we have had cooperation. We have a number of investigators in the field and we hope in our subcommittee hearing which is coming up to pull out further cooperation if it is not forthcoming.

Mr. McINNIS. Mr. Speaker, I appreciate the gentleman from Arizona. I would also say to the gentleman that there are a couple of other subjects here I intend to discuss, and I would invite the gentleman to participate as well, because I know the gentleman from Arizona has some very strong feelings. First of all, let me tell my colleagues that in the last few days, I cannot believe what I have been reading, but I have been reading in world press and national press and even local press about some question of the treatment of our prisoners, the al Qaeda prisoners that we are now holding in Cuba. I cannot believe this. These are people whose entire cause is to destroy our society; and frankly, they did a pretty good job of it. Four or 5,000 people, they murdered them. That is what it was. In cold blood, regardless of their nationalities, regardless of their faith, regardless of whether they were military or nonmilitary; we all know what I am talking about on September 11. These people declared war against the United States of America. And now, as prisoners in Cuba, I can assure my colleagues that, one, they have better clothing than they have ever had. They have all been provided with their religious book, the Koran, so that they can study that if they wish. They are being fed better than they were being fed in probably years. They are receiving better health care than they have ever received in their home countries that they came from. This is how we treat our prisoners. We are giving these people treatment that I would say if it were in reverse, first of all, they said very clearly what they were going to do with American prisoners. At the very beginning, the leaders of the Taliban said that they looked forward to a fight with America because they wanted to capture some young American soldiers and they were going to skin them alive. Skin them alive and ship the corpses back to us. That is what they were going to do with their prisoners. Now, the International Red Cross, which plays holier than thou, which, by the way, ought to clean up their own books, in my opinion, thinks that they have some kind of overriding legal jurisdiction to condemn the United States in the treatment of these prisoners in Cuba. These people are nasty people. Of course we do not allow them to sit down with their fellow prisoners and communicate. Of course we have them in handcuffs and shackles. Of course we put them in orange outfits so that if they were to escape, they are much more easily identified. Of course we do not put them in Nikes so that they cannot. It is like any other prisoners, we put them in sandals or, in some cases barefoot, so that if they were to attempt an escape, they cannot move very far. I am astounded at the political spin that is being put on by some of these media outlets that somehow the United States has shirked its responsibility to these prisoners and to these detainees. As we know, they are not prisoners of war, because we know what the International Red Cross would like us to do, and that is to declare that these detainees in Cuba are declared prisoners of war. Because once they are declared prisoners of war under the Geneva Convention, all they have to tell us is their name, rank, and serial number or whatever identification. That is it. They do not have to tell us about any upcoming terrorist attacks. And as we can see now, with Johnny Walker, the gentleman who, well, excuse me, I mistakenly referred to Mr. Walker as a gentleman. He is a war criminal, in my opinion. But the fact is, we now see some of the national media starting to put a spin, and some of the liberal organizations putting a spin on this that this Johnny Walker should have been advised in the battlefield, right after they killed that American CIA agent, that young man with a family, by the way, right after they killed him, that when they captured this Johnny Walker, they should have advised him that he had the right to see an attorney, that he needs to know anything he says could be used against him in a court of law. They wanted Miranda rights on the battlefield. That is where this political spin is going. We have every right to question those detainees in Cuba to determine where the next terrorist attack is coming from. As the gentleman knows, just this morning it was revealed to the American people that one of the detainees has advised us that the embassy in Yemen has been targeted for an attack on the embassy, and they have now evacuated the embassy. We would not get that information if it were up to the International Red Cross. I am astounded by the behavior of the International Red Cross. I yield to the gentleman from Arizona to add to this.

Mr. McINNIS. Mr. Speaker, I thank the gentleman from Arizona. I might add that I, too, agree with the gentleman about presumption of innocence in regards to whether or not a crime has taken place. But I should note that there is no presumption of innocence because these parties have made an admission of guilt as far as misdoing in the responsibilities and the fiduciary duties of their job, as the gentleman knows. This is not an allegation we are making from the House floor about some biologists at the Forest Service. I know on the House floor allegations are made or that we want to investigate here or we want to investigate there. The facts are clear: These employees planted evidence. They have admitted to planting evidence. The whistleblower is how we first found out about it. The Forest Service has disciplined, unfortunately, just by simply counseling. Any other job in America they would have been fired, and, frankly, I think criminal charges would have been filed by the local district attorney. But in this particular case the Forest Service counseled them and then kept it quiet. We only broke this loose about a month ago.

Mr. McINNIS. Mr. Speaker, I am anxious to be back here with my colleagues. There are a number of different issues that we face in this upcoming year. One of the issues that I want to talk about this afternoon, and I am going to talk about a number of different things, but one of the things that is very important to me is the credibility of Federal studies. I want to give all of my colleagues on both sides of the aisle a very sad example of evidence that has been planted, planted evidence, just like in a criminal case where a police officer goes into the home of a suspect and plants a bag of marijuana. It is an effort to lie. That is what it is. It is lying about the evidence. That is exactly what has happened. On a Federal study that was recently undertaken on three separate occasions, we had Federal employees who planted evidence in an effort to alter the result of a study involving an endangered species, the lynx. Let me go into a little more detail on the facts and let my colleagues determine for themselves, is this the way that we ought to run a so-called unbiased, fair study? And you ask the question and you answer the question: Should biologists, who have an agenda, go in and be involved and be allowed to make the decisions or be the ones who handle the evidence when they have obviously a biased agenda as to how that study ought to turn out? The facts are this. In this country we undertook years ago the Endangered Species Act. It is an important act. It does a lot of important things. But as any act that has been enacted into law, there is always somebody who finds abuse, and there are always serious questions and questions as to whether or not what the intentions of that act really were. Under the Endangered Species Act, we look out there for species, whose species are threatened or they are endangered. As we see those species, we go out and do studies. Or if we think species exist, we go out and we do studies to protect their habitat, to protect the area in which they live; we have actually seen one or two successful programs out of the Endangered Species Act; for example, the bald eagle. The bald eagle, that species and the preservation of that species, was approached with credible science. Science is an important part of the preservation of these species. The science that is put forward must be credible. It has got to be truthful. You lose credibility regardless on which side of the aisle you are on, regardless of which side of the issue you are on, you lose credibility if you plant evidence. You lose credibility if you lie. You cannot do that. You have got to be truthful. Regardless of what those results of that study come out to be, you must be truthful. Here is what happened. We had seven people involved. Several of those people were employees of the Federal Government. They were scientists. They were biologists. They were professionals. As chairman of the Subcommittee on Forests and Forest Health, which oversees the responsibility of this and answers to the full Committee on Resources, as chairman of that committee, we depend very heavily upon the assessment and the findings of these biologists. These people are hired as professionals. These people are hired with academic credentials. Unfortunately, in this case we had some biologists who had a different agenda. We had some scientists who had a different agenda. We had some wildlife State employees who had a different agenda. They were so driven by their agenda that they felt it was necessary to plant evidence. What evidence did they plant? One of the endangered species which we are looking very carefully at, we are determining whether it should be listed as endangered and what areas it should be listed as endangered, is the lynx. It looks very much like your household cat, bigger, more like a bobcat. In fact, the species is related to the bobcat, the lynx and the bobcat. What happened was these scientists and these biologists, these are your employees, they work for us, for the Federal Government. They work for the people of this Nation. They do our work, to go out and determine what are the facts--just the facts, ma'am--what are the facts. These biologists were assigned to undertake a lynx study in two forests to determine whether or not there was any kind of proof of the habitat of lynx in these particular areas. This is very controversial, because if lynx were found to exist in these areas, very severe conditions are placed upon these forests. Very severe conditions, restrictions on use. For example, if you had a ski area, my district in Colorado has all the ski areas in Colorado. If you had a lynx found on a ski area, you could shut the ski area down. You could shut down all the timber industry. You could shut down bike riders, mountain bikers. You could shut down people on the river. You could virtually shut the entire thing down for hundreds, maybe thousands, maybe hundreds of thousands of square miles. So finding the evidence of these things is a very critical element in our assessment to determine whether or not these severe restrictions should be put into place. What do these biologists do? What do these Federal Government employees who have a fiduciary relationship to the people for whom they work, which are the people of the United States of America, what do they do? They go out, they secure some lynx hair and they plant lynx hair in different spots in the forests. Then they go out and, oh, they discovered the lynx hair that they planted and they submit that to the lab for the lab to determine whether or not it is lynx hair. They planted the evidence. That is exactly what they did. Their full intent was for that study to conclude that lynx existed in these forests, and therefore the natural consequence of that finding was that restrictions would be placed on these forests. How did we find out about this? How did we find out about the lynx? The way we found out about it, we had a whistleblower. It is not because these biologists came forward and said, look, as they are now saying, all we really wanted to do was test the laboratory. Let me ask you, how credible would you find a police officer who planted evidence in a suspect's house and later on in the courtroom said, ``Well, the only reason I planted evidence was to see whether the crime lab could determine that I planted it and that the suspect really didn't have that bag of marijuana. That is why I did that.'' How credible would you find that? How credible do we find these biologists' story that the whole reason they planted this lynx hair in the forests was to test the laboratory? In fact, their lies, their planting of evidence, has hurt the credibility and endangers the fundamental honesty of the National Lynx Survey. I have had people that are very active environmentalists that are on fire about this. It hurts their cause. It hurts everybody's cause to have Federal employees go in and plant evidence. It is like a bad cop. Who suffers the most from bad cops? Sure, the suspect, but good cops. Good cops suffer when they have got a bad cop. Good biologists suffer when you have got a bad biologist, biologists who will plant information with the full intent to provide misleading information, to sway the conclusion of a supposedly verifiable study. This is very, very damaging, what has occurred. I note that my good colleague from the State of Arizona, a very active member on the committee, very involved in this revelation that has come up as a result of a whistleblower, by the way, not the biologists coming and telling us, telling the lab, oh, by the way, we were just testing the lab. As a result of somebody who was leaving the government, retired, on the day of their retirement they could not live with it anymore, they revealed to the Forest Service, hey, you know what, we kind of cheated a little, we planted lynx hair out there in the forest so that the laboratory would say that there was evidence of lynx habitat. By the way, do you know what the Forest Service did? If you were a cop, you would be in jail, by the way. What the Forest Service did was simply take these biologists off that particular study, will not give the names of these biologists, and gave them counseling, counseling for this kind of an offense that undermines the entire credibility of the National Survey. Back to my colleague from Arizona, I appreciate the fact that he has joined me today and I intend to yield him time to further discuss what the ramifications of planted evidence on the National Lynx Survey are. With that, Mr. Speaker, I yield to the gentleman from Arizona such time as he may consume.

Mr. McINNIS. Mr. Speaker, I thank the gentleman. Mr. Speaker, I want to wrap this up very quickly by saying to the gentleman from Arizona (Mr. Hayworth), your points are very valid. The United States will do it alone if it is necessary. But the reason the United States will not have to do it alone is because our friends and our neighbors and our acquaintances in Europe know that these acts of terrorism could be committed against them as well. The International Red Cross is completely naive about the realities of what they are trying to do and the spin they are trying to put this thing on. I say I am gravely disappointed in the International Red Cross which, frankly, at times in the past has enjoyed a good reputation. The National Red Cross has had their reputation tarnished with their Victims Fund, as the gentleman from Arizona (Mr. Hayworth) knows. Now we have the International Red Cross trying to put on a spin. I want to move quickly and I would be happy to yield the gentleman a few minutes. We have about 9 minutes remaining. I would like to talk about this upcoming session. I noted that the previous speaker spoke about bipartisanship on the education bill. I was proud of that. We got a good bill out of here. We used bipartisanship. But there are some issues of which there are fundamental differences; and the fact that we cannot reach bipartisan support on some of these issues reflects the fundamental belief that some of us have. The fundamental belief of which I am speaking, which we are going to address here in the next few weeks, is the Democratic Party desire to raise taxes in this recession and the Republican desire to cut the taxes. Not raise taxes in this situation. One of the leading speakers for the Democratic Party said just last week that the death tax, a tax which has no rational basis in our taxing system, the death tax was only put into our system to punish people who had been successful in our society, to punish the families, the Rockefellers and the Fords back around the turn of the last century; that is why this thing was placed into effect. Now, as you know, if you own a truck, a dump truck, a pickup and a bulldozer you are now in the death tax range. The leading Democratic spokesman said we should continue the death tax and we should immediately increase taxes by not allowing the people the tax cuts they have been promised in a recessionary period. As the gentleman from Florida (Mr. Foley) said earlier on on this very House floor, he made the statement that President Kennedy, in the recession that President Kennedy faced, said this is not the time to raise taxes. This is time to put money in the pockets of consumers, the people that earn it. It is not our money. We take it from our citizens. We bring it here, and the citizens much more effectively spend that money. This is a policy disagreement. Do not let people sugar coat it by telling you we ought to be bipartisan; we ought to agree to raise your taxes, America. Or maybe sugar coat it and not call it a tax raise. But really, we will not give you the tax reductions you deserved. In other words, it is going to Safeway with a coupon that says you get 25 cents off Cheerios, and when you get there, Safeway says, well, we will not honor the coupon anymore. So we did not really raise the price of Cheerios by 25 cents, but we will not honor the coupon we just gave you. That is not what Safeway does. Safeway is a good store, but you get the point. I will yield the balance of my time, which is probably about 4\1/2\ minutes or so, for the gentleman to make comments about this tax issue.

Mr. McINNIS. Mr. Speaker, I think it is important to note and repeat again, this is not the time to raise taxes. And I urge those members of the Democratic Party who are active in the party leadership structure to counsel those members of the party not to raise taxes. This hurts all American people in a recessionary period. This is not the time for the Democrats to raise taxes on the American people. We are in a recession. Those dollars need to stay in the pockets of our citizens.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to pay tribute to Leonard Gregory and thank him for his extraordinary contributions to both the Pueblo Chieftain and the greater community of Pueblo, Colorado. Len's life-long dedication to the pursuit of excellence as a columnist and editor at the Pueblo Chieftain is matched only by the level of integrity and honesty with which he has conducted himself each and every day in that pursuit. He will always be remembered as an employee with the utmost dedication and talent, and will continue to be known as a leader in his community. As he celebrates his retirement, let it be known that it is a great loss not only for the paper, but also for a town that has relied on him for his wisdom and insight throughout his extraordinary tenure. As a 38-year employee at the Pueblo Chieftain, Len's dedication, work ethic and unparalleled skill as a newsman ensured his unfettered rise through the ranks of the organization. He began his career in 1964 as a composing room employee, and then transferred to the newsroom in 1972 as a courthouse and general assignment reporter. In 1988, he was promoted from city editor to managing editor, and in 1999 was promoted to executive editor, where he oversaw the newsroom operation, served on the editorial board and represented the newspaper in the Pueblo community. Since he began writing for the Chieftain, Len has distinguished himself as much more than an average employee. He has received numerous awards from the Colorado Press Association and the Colorado Associated Press Editors and Reporters for his column, which he began writing in 1979. He was named outstanding Alumnus by the University of Southern Colorado Alumni Association, and Newspaper Person of the Year by the Southern Colorado Press Club. Len's distinguished service and dedication is not limited to his professional endeavors, as he has proven himself an active leader within the community as well. He is currently a member of a number of organizations, including the Pueblo School District 60 Foundation Board, the University of Southern Colorado's Foundation Board and President's Advisory Council, and the Holy Family Parish Finance Council. Mr. Speaker, it is clear that Len Gregory is a man of unparalleled dedication and commitment to both his professional and philanthropic endeavors. It is his unrelenting passion for each and every thing he does, as well as his spirit of honesty and integrity with which he has always conducted himself, that I wish to bring before this body of Congress. Len Gregory is a remarkable man, who has achieved extraordinary things in his career and in his community, and I would like to extend to him my congratulations on his retirement and wish him the best in his future endeavors.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, it is with a solemn heart that I would like to pay tribute to the life and memory of cattleman James E. Christiansen, who recently passed away in Westminster, Colorado on January 12, 2002. Jim will always be remembered for his dedication and commitment to preserving our western culture and lifestyle. His passing is a great loss for the residents of Colorado who relied on Jim for his knowledge and wisdom in times of hardship and prosperity. Jim served the citizens of Eaton and Westminster, Colorado for over forty years. He began his service as a salesman with a local phone company in 1959. During this time he also entered the profession of ranching, where he became a cattleman and raised his livestock in the region for the next forty years. He served his community as a member of the Colorado State Fair Board, Roundup Riders of the Rockies, Scottish Rite, and was a member of Centennial Masonic Lodge #326 in Omaha, Nebraska. Jim later brought his personal, sales, and ranching experience to the Colorado State Capitol. There he served his community as an independent lobbyist, promoting issues and creating legislation for many people, businesses, and associations. Among those he helped are the Cattlemen's Association, the Colorado Association of Life Underwriters, the Colorado Rural Electric Association, the Fire & Police Pension Association, and various companies throughout the state and region. Mr. Speaker, Jim's long service to Colorado clearly deserves the recognition of this body of Congress, and this nation. It was always known that his greatest passion was his love and dedication to his family. His wife Margaret, daughter Carol Tveitmoe, six stepchildren, and three grandchildren survive Jim. It is with a solemn heart that we say goodbye and pay our respects to a patriarch of our community. James E. Christiansen dedicated his life to Colorado, and he will be greatly missed.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to recognize an outstanding individual from the State of Colorado. For over twenty years, Jim Evans has selflessly contributed his time and energy to the Associated Governments of Northwest Colorado, and as he celebrates his twentieth anniversary, I would like to thank him for his dedication and time served. As a member of the AGNC, Jim has been successful in bringing growth and prosperity to the northwest region. The organization was originally created to secure tax dollars and federal funds for the five northwest counties and to ensure the funds are properly distributed throughout the region. To achieve this goal, the AGNC created several programs to help distribute and secure funding. These programs include increasing coal production revenues, establishing tax credits for beginning businesses, providing regional planning and technical assistance grants, and the distribution of an oil shale trust fund to the counties of the region Jim has played a key role for the AGNC by drafting the legislation for the Mineral Leasing Distribution Formula Amendment. This effort by the AGNC increased available energy impact funds in the region by more than $23 million. Jim has also been a vital contributor to the area's aging programs, notably insuring the continuation of nutrition programs, transit opportunities, home care, legal services, and senior ombudsman services. Through Jim's and the AGNC's efforts, over $7 million has been put toward funding the programs. Mr. Speaker, Jim Evans and the AGNC have been instrumental in encouraging the harmonious relationships between the counties and cities of the northwest county region. Through the tireless efforts of its members and people like Jim, northwest Colorado enjoys the prestige and influence it wields in the state today. Their work and dedication to improving the lives of Colorado residents certainly deserves the recognition of this body of Congress. Thanks for all your hard work Jim, and good luck in your future endeavors.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to congratulate a young student from my district whose hard work and dedication has been rewarded with a great opportunity from the Governor of Colorado. Christina DeMaris of Alamosa, Colorado, was recently awarded the Governor's Opportunity Scholarship, and as she celebrates her achievement, I would like to commend her for her determination and self-sacrifice in achieving this honor. Christina is a sophomore at Northeastern Junior College located in the city of Sterling. After a long, and no doubt difficult process, Christina was selected as a recipient of the Governor's Scholarship. This scholarship will provide her with free tuition to the Colorado college of her choice, allowing her the opportunity to pursue a higher education degree within five years. This is a great program provided by my state's chief executive to promote higher education throughout the state. Mr. Speaker, the diligence and commitment demonstrated by Christina DeMaris certainly deserves the recognition of this body of Congress, and this nation. Christina's achievement serves as a symbol to aspiring college bound students throughout Colorado, and indeed the entire nation. Her reward is proof that hard work and attention to your studies can lead to assistance in achieving your goals. This scholarship program is one of the many ways that we, as legislators, can ensure that our future generations are guaranteed the opportunity to improve their lives through the resources of education. Congratulations Christina, and good luck in your future endeavors.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to honor James and Joanne Hanson for their many years of devotion to each other as they celebrate their 50th wedding anniversary. They were married the same year that they met each other, in 1951, and have lived a wonderful and very fruitful life together. James and Joanne met while both working at Ryan Aeronautical in San Diego, California. James was a test pilot and Joanne was a draftswoman. During the Korean War, James returned to the Navy as a flight instructor in Florida and then relocated to St. Louis, Missouri to take a job working for McDonnell Aircraft. This gave the Hanson family the difficult task of trying to start and raise a family while being moved between California and Missouri several times. As a result of the moves, Joanne attended many different schools focusing her studies in a number of different areas. Joanne opted against her potential career in journalism to pursue her passion for art. Painting and drawing proved to be very fulfilling for Joanne. She also stayed very involved in the lives of the their three daughters: Kate, Christine, and Carrie. Following James' retirement, the loving couple was able to spend more time pursuing mutual goals and hobbies. Together, they became substitute teachers and raced their Arabian horses, eventually breeding and raising other Arabian horses. The late 1980's and 1990's sparked civic involvement for the Hanson family. Joanne was elected as the Committee Woman for her county's Republican Party in Missouri, and later ran for State Representative. Upon moving to Chimney Rock, Colorado, James, along with his friend Wayne Bergman, founded the OPHOP organization. OPHOP, ``Old People Helping Old People,'' provides services for elderly members of the community. More recently, James and Joanne have aided in state and local political campaigns. Mr. Speaker, it is a wonderful privilege and honor to salute the 50th anniversary of James and Joanne Hanson and recognize the exceptional life they have led together. It is with excitement and admiration that I wish them many more great years of happiness.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to recognize an outstanding individual from Silverton, Colorado and thank her for her dedication and hard work in the community. Karla Safranski has brought much needed economic growth to Silverton and to the Southwest Colorado region. I would like to mention several of her accomplishments before this body. Karla's efforts to inspire economic growth have been spearheaded through the San Juan 2000 organization. This organization is responsible for providing loans for startup businesses as well as providing affordable housing for the residents of San Juan County. As the past President and current Board Member, Karla has been instrumental in leading the successful organization to its present position and statute. Her dedication is impressive considering Karla, along with husband Ken, spend a great deal of their time operating their own successful business in the community, ZE-supply. As a result of Karla's and her colleagues' efforts, the community of Silverton has experienced a significant increase in economic growth. San Juan 2000 has raised money and gathered support throughout the region to develop affordable industrial and commercial business space. The group has worked side by side with county leaders, private landowners, city officials, elected officials, and various organizations throughout the area to stimulate economic growth. The organization's and Karla's efforts have led to the creation of a strong year-round economy in the Silverton area. Mr. Speaker, to reward Karla's efforts, she was recently named Economic Development Leader of the Year by the Region 9 Economic Development District. The district provides various economic services to several counties and Indian tribes in Southwest Colorado. This is quite an accomplishment and I am extremely proud to represent the City of Silverton and residents like Karla Safranski. Keep up the hard work Karla and good luck to you and your husband Ken in your future endeavors.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to recognize a representative of the American spirit and drive, Mariano Apraiz. Mariano is a Spanish resident, who after living in America for over thirty years, will take his oath and become a citizen of the United States. The ceremony will take place in Denver, Colorado on Friday, December 14. The reason I bring Mariano's name to bear is to tell his story of determination to become an American. Mariano came to this country to find a new way of life and experience new opportunities in the world. He found work as a miner, rancher, and eventually he found a position in the local school district. Now at the age of 55, Mariano has enjoyed a successful life in this country and I praise him for his determination and courage to live his dream. Mr. Speaker, when asked why he wants to gain citizenship, he simply replies, ``I want to vote.'' I think this statement speaks volumes for the pride Mariano has in his new country. He wants to be part of the process, he wants to participate in civic responsibility, and he wants to make a difference. He has grown to love this nation and in these difficult and trying times, he truly is a symbol of American pride and spirit. Mr. Speaker, Mariano's patriotism and love for America will culminate as he is sworn in as an American citizen. I am proud of Mariano Apraiz for his determination and courage. His lifelong goal will be reached and therefore, he deserves the recognition of this body of Congress.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to pay tribute to the life and memory of Raymond A. Youngren, Jr., who recently passed away in Beulah, Colorado on January 9, 2002. Raymond, known as Ray, will always be remembered as a dedicated leader and rancher in the community. His passing is a great loss for a community that relied on Ray for his gentle nature and kind disposition. Ray was a native Coloradan, born on the family ranch in 1933. He attended his local high school, graduated from Pueblo Junior College, and then he went on to serve four years in the United States Air Force. Upon completion of his service in the armed forces, Ray returned to his home and the ranch industry. To complement his western heritage and lifestyle, Ray competed in rodeo with much success for over thirty years. -Ray was always ready to serve his fellow residents with compassion and integrity throughout his life. He began his service as a cattle rancher and later went on to serve as postmaster. He was also a member of the County Planning Commission for over twenty years. In this capacity he was responsible for ensuring long range planning and compressive development plans throughout Pueblo County. Ray further dedicated his time and energy as a member of the 2010 County Commission's Task Force, whose mission was to investigate the viability of mixing city and county government. Mr. Speaker, Raymond A. Youngren, Jr.'s service to his community and his fellow citizens certainly deserves the recognition of this body of Congress, and this nation. It has always been known that his greatest passion was his love and devotion to his family. Wife Yvonne, sons Jay and Justin, daughter Julie, and four grandchildren survive Ray. It is with a solemn heart that we say goodbye and pay our respects to a patriarch of the Pueblo community. He dedicated his life to the city of Beulah and Pueblo County, and will be greatly missed.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to recognize a retiring icon of the Colorado media community. For over forty years, Fred has dazzled and charmed Colorado readers with his witty intellect and supercharged rhetoric that has resulted in a large and loyal following of political minded readers around the state. Fred began his life in journalism as an undergraduate at Colorado State University in the late 1950's. After graduation, he went on to receive his Masters in Journalism in 1963 from the prestigious Medill School of Journalism at Northwestern University. In June of that year, Fred went to work with the Denver Post, and began a career that would last almost four decades. As a journalist, Fred covered many issues concerning Colorado, most notably politics and government, a topic he covered for The Post for over twenty-five years. He also wrote for the editorial page and his weekly columns were features every Friday guaranteeing to inform Coloradans of breaking political events around the nation. In addition to his duties, Fred also found time to serve his profession in the pursuit of journalistic excellence. His goal to ensure ethics in journalism was demonstrated in his service to the Society of Professional Journalists. He has served as society President, co-authored the Society's Code of Ethics, and served as Chairman and Co-Chair of the SBJ's National Ethics Committee. Mr. Speaker, Fred Brown's accomplishments and dedication to excellence in journalism certainly deserve the recognition of this body of Congress. Fred serves as a symbol for aspiring journalists and political patrons throughout Colorado and the nation. I would personally like to thank Fred for his commitment to ethics in journalism and his diligence in informing the public of our nation's governmental proceedings. Congratulations Fred, and good luck in your future endeavors.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, it is truly a privilege to take this opportunity to pay tribute to Kari Distefano, a woman whose competitive spirit and unrelenting will has taken her to the top of her field as a runner, and distinguished her as one of this country's greatest athletes. Her incredible accomplishment of being named U.S.A. Track and Field's top women's mountain runner of the year is a testament not only to her incredible natural abilities, but to her unparalleled work ethic and indomitable human spirit. This incredible honor is the manifestation of a life-long passion, and could not have been bestowed upon a more deserving individual. In September of 2001, Kari competed in the World Mountain Running Trophy Race in Udine, Italy, finishing with the top U.S. rank, and placing 21st overall in a field that included competitors from over 30 countries. She has been named an alternate for the United States Track and Field Team, and recently broke a course record at the 37-kilometer Grand Junction Rim Rock Run. Her training grounds are the hills of Telluride, Colorado, but she has proven that her dominance extends far beyond these local hills. Mr. Speaker, it is quite clear that Kari is a person of unparalleled dedication and commitment to her life-long pursuit of running at a world-class level. It is not only her incredible talent, but her unrelenting passion for competition and her unconquerable human spirit that I wish to bring before this body of Congress. She is a remarkable woman who has reached extraordinary heights in her pursuit of excellence in athletics and in life. It is my distinct pleasure to honor her today, and wish her the best of luck in all of her future endeavors. You have truly made this country proud.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to recognize Thomas Moore of Grand Junction, Colorado and thank him for his service to this country. Thomas began his service to our nation as a sailor, joining the Navy at a young age to travel and experience the world. Early in his service, Thomas participated in a moment that would change the world and bring this nation into war. The moment was Pearl Harbor on December 7, 1941. Thomas was assigned to the battleship USS Maryland on that December morning. He was serving as a hospital apprentice, learning the skills to assist surgeons in operating procedures. As his ship, along with other ships, were bombed and torpedoed in the harbor, Thomas was thrust into a position to save men's lives. He spent the next several days assisting the wounded with their battle injuries and doing what he could to ease the shock and pain of U.S. sailors. As a result of the attack that day, twelve U.S. ships were sunk, beached, or destroyed by Japanese action. The U.S. armed forces suffered heavy casualties losing 2,400 men to enemy action and 1,100 casualties as a result of enemy fire. This nation was given no choice but to declare war on Japan and thus enter World War II. Thomas, like many other servicemen and women, would know the horrors of war for the next four years. Mr. Speaker, as we remember the 60th anniversary of Pearl Harbor let us also remember the recent victims of our nation's quest for freedom. The attacks on this country September 11 again have plunged us into war. As we fight to redeem our fallen friends let us also pay tribute to the soldiers throughout our nation's history who gave their lives to protect our way of life. It's dedicated men like Thomas Moore to whom we should pay homage and thank for his service to this nation.

Mr. McINNIS

Mr. McINNIS. Mr. Speaker, I would like to take this opportunity to recognize the new President of the University of Southern Colorado, Ronald Applbaum. The University and the community of Pueblo are fortunate to have Dr. Applbaum join their extended family. As he prepares for his new post, I would like to recognize several of his academic achievements and wish him the best of luck when he takes his new post in July. Dr. Applbaum was selected to head the University based on his impressive academic resume and past successes he has enjoyed in other higher education institutions. He was one of three finalists considered for the position in a selection process that lasted just three months. Upon reaching the finalist category, it became an easy board decision to name Dr. Applbaum to the University's top post. The doctor was selected trusting that he can continue to lead the University of Southern Colorado to the prominence and stature that the educational institution maintains today in the State of Colorado. Dr. Applbaum has enjoyed a long and distinguished career in higher education. He has served in numerous academic positions for several colleges and universities throughout the country. He received a bachelors and masters degree in speech communication from California State University and later a doctorate in the field from Pennsylvania State University. He served as the Vice President of Academic Affairs for the University of Texas-Pan American and Dean of the School of Humanities for Long Beach State. His rise to USC's top post began with a term as president of Westfield State College in Massachusetts, and serving as the President of Kean University in New Jersey since 1996. Mr. Speaker, it is my pleasure to welcome Dr. Ronald Applbaum to Pueblo and the University of Southern Colorado. The community is truly fortunate to gain this new and distinguished leader. I would like to further welcome his family to the area and look forward to meeting them in the coming year. Congratulations on your latest achievement, Dr. Applbaum, and welcome to your new home. I am confident when I say the commitment to higher education is strong with leaders such as yourself and I am assured you will continue to perform great work!