John Mica

Mr. MICA

Mr. MICA. Mr. Speaker, I yield myself such time as I may consume. Again, I want to thank the gentlewoman from Illinois for her work and also the gentleman from Pennsylvania (Mr. Kanjorski) for his efforts in preparing House Concurrent Resolution 461. I urge my colleagues to support this resolution.

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

Mr. MICA

Mr. MICA. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4046) to designate the facility of the United States Postal Service located at 555 West 180th Street in New York, New York, as the ``Sergeant Riayan A. Tejada Post Office,'' as amended.

Mr. MICA. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 4046, the bill under consideration.

Mr. MICA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, tonight I rise in support of H.R. 4046. This measure designates a postal facility in New York city as the Sergeant Riayan Tejeda Post Office. Each member of the New York State delegation cosponsored this tribute to one of America's fallen heroes. On April 11, 2003, 26-year-old Sergeant Riayan Tejeda of the 3rd Battalion, 5th Marines, was tragically killed in combat in Baghdad. He was a true American hero, despite not being a United States citizen. Riayan was born in the Dominican Republic and moved with his family to the United States as a child. From the time he first arrived in America, he dreamed of becoming a United States marine. Upon graduation from high school in upper Manhattan, he enlisted in the Marine Corps where he served for some 8 years. Sergeant Tejeda worked hard as a soldier, and he became the best sniper in his regiment. He proudly served in Thailand, South Korea, the Philippines, Australia, East Timor and Iraq. Sergeant Tejeda never earned United States citizenship during his life but he was awarded posthumously that citizenship of this great Nation. Sergeant Tejeda is survived by a mother, a father, and two young daughters, ages 3 and 6. Riayan Tejeda loved being a marine. He loved America. For these reasons and for his service and for his patriotism to his adopted native homeland, I urge my colleagues to join me in honoring Sergeant Riayan A. Tejeda by naming this post office after this hero. Mr. Speaker, I wish to thank the distinguished gentleman from New York, the sponsor of H.R. 4046, for honoring this tremendously brave young man. Mr. Speaker, I reserve the balance of my time.

Mr. MICA. Mr. Speaker, I yield myself such time as I may consume in concluding. Mr. Speaker, tonight we rise to recognize another fallen hero, one not a native of the United States, a native of the Dominican Republic, but someone who gave his life in service to this Nation, someone who gave his life so that others may live in freedom. This is a small token of recognition by the Congress to name this post office in New York after Sergeant Riayan Tejeda, but it is an important recognition of his service. It is also important to recognize that he did love this country and that posthumously he was made a citizen of the United States. So, on behalf of the New York delegation, on behalf of the sponsor, the gentleman from New York (Mr. Rangel), it is my honor to present to the House this resolution naming the Sergeant Riayan Tejeda Post Office again in New York. I urge passage of this resolution. Mr. Speaker, I yield back the balance of my time.

Mr. MICA

Mr. MICA. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5147) to designate the facility of the United States Postal Service located at 23055 Sherman Way in West Hills, California, as the ``Evan Asa Ashcraft Post Office Building''.

Mr. MICA. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 5147, the bill under consideration.

Mr. MICA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased to support this legislation sponsored by the distinguished ranking member of the Committee on Government Reform, the gentleman from California (Mr. Waxman). Upon enactment of H.R. 5147, this post office will forever carry the name of Evan Asa Ashcraft. Evan Asa Ashcraft was an army sergeant with the 101st Airborne Division. Mr. Speaker, Sergeant Ashcraft was killed in Iraq on July 24, 2003, when his convoy came under attack from Iraqi militants. Sergeant Ashcraft led a division that took part in the assault in northern Iraq that killed Saddam Hussein's sons Uday and Qusay. Evan was 24 years old. All Americans, and those who knew this young man, have felt a terrible loss. Evan's family said that the West Hills, California, native had planned to join the Los Angeles Police Department on his scheduled discharge from the Army in what would have been January of 2004. His father-in-law, LAPD Lieutenant Loren Farell said the following after Evan passed away, and I quote: ``He was a good soldier. He would have made a great cop. As for the rest of us, Evan, you are a hero to all of us and you are a hero to your country.'' Those are the words of Mr. Farell. Lieutenant Farell's poignant words speak for all Members of the House tonight. Evan Ashcraft was a proud American soldier and his toils simultaneously helped to liberate a nation from oppression and defend the world from tyranny. Evan is survived by his loving wife, Ashley. Once again, Mr. Speaker, I urge the pass of this legislation tonight to honor one of our fallen heroes, Evan Ashcraft. Mr. Speaker, I reserve the balance of my time.

Mr. MICA. Mr. Speaker, I yield myself such time as I may consume to conclude. Mr. Speaker, tonight we have recognized three heroes who lost their lives in service to this Nation. It is a small token of appreciation that this Congress extends to recognize these heroes. One was not a citizen of this country, a native of the Dominican Republic, who we honored with citizenship after he gave his life in service to this country. Evan Asa Ashcraft is being recognized with H.R. 5147. Each of these are precious lives and each of these are a great sorrow and loss for their families. We must think and reflect upon all of these heroes, some from my district. And I have attended some of those funerals, consoled some of the loved ones who lost their sons. Tonight we do recognize again three heroes who served this Nation and we wonder about the greatness of this Nation, how men and women can go forth and their families can sacrifice them in causes that sometimes seem remote. I remember speaking to a high school graduation class in central Florida. A young man in that class went in service to this Nation and was murdered 2 years later by terrorists in Khobar Towers, Brian McVeigh, who I never forget, and many other young men and women who have lost their lives both in combat and by accident in service to this Nation in Iraq. I think of those who lost their lives to remove a thug and a drug dealer from Panama. I think of those who lost their lives in Europe and Kosovo, in that region of the world, to restore stability. And I think how great these American heroes are that not only allow us to live in freedom, with liberty and a system of justice, but to let others have that potential across the globe. Sometimes it succeeds and sometimes it does not, but they have given their full measure and their families have given their loved ones so that others may have even the potential of enjoying the freedoms that we Americans take for granted. So tonight we have honored three American heroes, and, finally tonight I ask the House to pass H.R. 5147 and name a post office building in honor of Evan Asa Ashcraft.

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

Mr. MICA

Mr. MICA. Madam Speaker, I rise in support of H.R. 2457, the Castillo de San Marcos National Monument Preservation and Education Act; Castillo de San Marcos National Monument Boundary Adjustment Act of 2004. The Castillo de San Marcos National Monument is the oldest existing permanent seacoast fortification in the continental United States. This is not only a unique National Park, but also a national treasure. This 16th Century fortress is the most complete and unique historic fortification in the United States. The star-shaped fort, surrounding moat, and earthworks were constructed between 1672-1756 to protect Spanish territory in Florida and the shipping routes along the Florida coast. This National Monument was the focus of the struggle between Great Britain and Spain for regional supremacy during the 17th and 18th centuries. It was also the site of a British garrison during the American Revolution, and was last employed for defensive purposes in 1898 during the Spanish-American War. Madam Speaker, more than 1.5 million tourists visit this National Monument each year. This 16th Century fortress, that has never been conquered, is straining under modern day requirements to accommodate its growing visitors' population. I have been working with the Colonial St. Augustine Preservation Foundation, the City of St. Augustine and the National Park Service to improve and expand educational resources and public accommodations at the Castillo de San Marcos National Monument. As you can imagine, adapting a 4-century old structure with adequate public facilities, meeting handicap and disability standards, and visitor educational facility standards are not an easy task. H.R. 2457 authorizes Federal funding for both museum, educational and visitor facilities to compliment and serve this 16th Century fortress without destroying a historic structure. For the first time, this legislation appropriately authorizes federal funds to construct a visitor and educational resource center for the Castillo de San Marcos National Monument. Not only will this new visitors center assist the fort in maintaining its historical integrity, but it will accommodate visitors' needs and provide a great educational experience. In addition to this bill, the National Park Service is expected to complete a General Management Plan in the following months which will include design, planning and construction options at a required facility at the National Monument. This legislation will properly authorize a long overdue major infrastructure improvement for the National Park Service. Finally, this bill will preserve for future generations this historic fortress and will add to the enjoyment and education of both visitors and local citizens. I would like to thank Chairman Radanovich for his support of this bill. I also would like to thank House Resources Committee Chairman Richard Pombo for his support of this much needed measure. Madam Speaker, I urge the passage of H.R. 2457.

Mr. MICA

Mr. MICA. Mr. Chairman, I raise a point of order against page 16, line 13, through line 20. This provision violates clause 2 of rule XXI. It changes existing law and, therefore, constitutes legislating on an appropriations bill in violation of the House rules.

Mr. MICA. Mr. Chairman, I move to strike the last word. Mr. Chairman, I will not take the 5 minutes, but just very briefly in response, I did start out the consideration of this bill with the point that the Committee on Transportation and Infrastructure has certain prerogatives, and that is what we wanted to exercise tonight. This House of Representatives works under a set of rules, and that rule is our charter of jurisdiction; and if we go outside of the rules or outside of the committee's jurisdiction and get into other areas, we can create chaos. Each of the points of order that have been, in fact, raised, that I have raised, tonight deal with the charter that is set forth of responsibilities for conduct of legislative business of this House, and each of those have been ruled on by the Chair in a favorable manner. I chose to propose a narrow scope in some of the limitations and some of the points of order that have I raised because we want programs to continue; and quite frankly, they are going to continue. I did not choose to expand them to wipe out these programs. So I think some of the accusations that have just been made are not accurate. We are concerned about essential air service. We are concerned about airlines that may be going out of business, although I do not support the government underwriting losing-business propositions. I do support health care for everyone and am concerned about those who may lose their benefits if businesses go out of business, but that is not the intent of this. We have a set of rules by which we operate, by which the Committee on Transportation and Infrastructure can operate. I cannot get up here and appropriate money. I would love to have that power. These are some of the most powerful people in the United States of America. The chairman of the full committee I respect from Florida; the gentleman who controls a lot of the transportation agenda and appropriations, the gentleman from Oklahoma (Mr. Istook). All are honorable individuals and doing their job. I am trying to do my job on behalf of the 70-plus members of the Committee on Transportation and Infrastructure and do it in a responsible fashion.

Mr. MICA. Mr. Chairman, I stand and graciously and humbly raise a point of order against section 123 on page 22, line 20, through page 23, line 2. This provision clearly violates clause 2 of rule XXI. It does, in fact, change existing law; and, therefore, it constitutes legislating on an appropriations bill, which is in clear violation of House rules.

Mr. MICA. Mr. Chairman, I raise a point of order against section 125 on page 23, line 14, through line 22. This provision violates clause 2 of rule XXI. It changes existing law and, therefore, constitutes legislating on an appropriations bill, in clear violation of House rules.

Mr. MICA. Mr. Chairman, I raise a point of order against section 127.

Mr. MICA. Mr. Chairman, I raise a point of order against section 127 on page 24, line 5 through line 12. This provision clearly violates clause 2 of rule XXI. It changes existing law by addressing funds in other acts and therefore constitutes legislating on an appropriations bill in violation of House rules.

Mr. MICA

Mr. MICA. Mr. Chairman, I believe that we want to raise the point of order against a phrase. Again, the point of order which we want to raise against is the phrase, ``to be derived from the airport and airway trust fund,'' beginning on page 5, line 24, and ending on line 25.

Mr. MICA. Mr. Chairman, I raise a point of order.

Mr. MICA. Mr. Chairman, I thank the gentleman for yielding me this time. I just want to say that the Subcommittee on Transportation, Treasury and Independent Agencies has done an outstanding job of bringing this legislation before the House of Representatives, and it is during some very difficult times with some constraints. I am going to be here representing the Committee on Transportation and Infrastructure, raising some points of order, not to object to specific actions the subcommittee has taken; I think they have been well-intended on behalf of the appropriators, but to offer and preserve some of the integrity of the authorization process on behalf of the full committee, the gentleman from Florida (Mr. Young), myself, and other subcommittee chairs. So again, it is a process of give and take, but we do know the constraints the gentleman has worked under, and we have to preserve the integrity of our jurisdiction. And I think that is important in this legislative process. So I congratulate the gentleman from Oklahoma and the staff on the fine job they have done, and we will offer these in that light.

Mr. MICA. Mr. Chairman, I raise a point of order against the phrase, ``to be derived from the airport and airway trust fund,'' beginning on page 5, line 24 and ending on line 25. This provision violates clause 2 of rule XXI. It changes existing law and, therefore, constitutes legislating on an appropriations bill in violation of House rules.

Mr. MICA. Mr. Chairman, just to that point, I do not believe that the gentleman would have the ability to expand. I thought that would be my prerogative in this case.

Mr. MICA. Mr. Chairman, I raise a point of order.

Mr. MICA. Mr. Chairman, I raise a point of order against the phrase, ``of which $6,002,000,000 shall be derived from the airport and airway trust fund,'' beginning on page 6, line 13 and ending on line 14. This provision violates clause 2 of rule XXI. It changes existing law and, therefore, constitutes legislating on an appropriations bill in violation of House rules.