John Mica

Mr. MICA

Mr. MICA. Mr. Chairman, if the gentleman will yield, I have no objection to that.

Mr. MICA. Mr. Chairman, we agree with that amendment and urge its adoption.

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

Mr. MICA. Mr. Chairman, I raise a point of order against page 11, line 13, beginning with in ``for grants,'' through page 11, line 18, ending with ``United States Code.'' This provision violates clause 2 of Rule XXI. It provides an appropriation not supported by authorization in violation of House rules.

Mr. MICA. Mr. Chairman, how far would that strike through, to what line and page?

Mr. MICA. Mr. Chairman, through page 12, line 15?

Mr. MICA

Mr. MICA. Mr. Chairman, I raise a point of order against the phrase ``notwithstanding any other provision of law,'' on page 16, line 4. This phrase 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. MICA. Madam Speaker, I rise in support of H.R. 2457, the Castillo de San Marcos National Monument Preservation and Education Act. It is also entitled the Castillo de San Marcos National Monument Boundary Adjustment Act of 2004. I thank the gentleman for taking me out of order at the beginning as sponsor of this legislation to explain it for a second and speak in support. 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 historic fortification in the United States. The star-shaped fort, surrounding moat, and earthworks were constructed between 1672 and 1756 to protect Spanish territory in Florida and the shipping routes along the coast. This National Monument was the site of a British garrison during the American Revolution and was last employed for defense 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, while it has never been conquered in battle, is straining under the 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 this national park site. As Members can imagine, adapting a four-century old structure with adequate public facilities, meeting handicap and disability standards and visitor educational facility requirements is not an easy task. This bill authorizes funding for both the museum, education and visitor center facilities to compliment and serve this important 16th century structure. For the first time, this legislation appropriately authorizes the use of Federal funds to construct this visitor center and educational resource center for the Castillo de San Marcos National Monument. Not only will this new visitor center assist the fort in maintaining its historical integrity, but it will also accommodate visitors' needs and provide a great educational experience. The Park Service is expected to complete a general management plan in the following months which will include design, planning and construction options at the facility. This legislation will properly authorize a major infrastructure improvement for our National Park Service. Finally, this bill will preserve for future generations this historic site, and will add to the enjoyment and education for both visitors and local citizens. Madam Speaker, I thank the gentleman from California (Mr. Radanovich), the gentleman from California (Chairman Pombo), and others on both sides of the aisle for their help in pushing this legislation forward and urge its adoption.

Mr. MICA

Mr. MICA. Mr. Speaker, I thank the gentleman for yielding me this time. I want to spend a second and also echo my appreciation to the gentleman from Florida (Chairman Young), to both sides of the aisle, for bringing forward this legislation; to the leadership of President Bush and his administration, who have acted, in advance of both this latest storm and the previous storm we had; for the leadership, the fantastic assistance provided Governor Bush. He has just been on the job working day and night. And I would be remiss if I did not mention all of the local officials. I represent some six counties, and many of those people have been through two disasters now, and they have worked nonstop. So, again, my congratulations. This money that we are sending from Washington is part of the great strength of our Nation, part of the strength of a Federal system, and it is the people's money, the taxpayers' money. And when we have a need, it is appropriate that we do provide assistance from the country to an area that is hard hit, whether it is Florida; Richmond, Virginia; or other parts of the Nation. So it is one of the great strengths of our Nation and our people. Finally, I want to say that Florida is open for business. I chair the Aviation Subcommittee. All of our major airports are open. I want to thank Marion Blakey, the head of FAA, she worked nonstop, and Woody Woodward, our national airports administrator, to make certain that Florida, which depends on travel and aviation, is open for business. But we are open for business. There are some pockets in the southwest and some in the southeast, but our major attractions are open. All of our interstates and our roads, I have reports back as a member of the Committee on Transportation and Infrastructure, are open. And we want people to do us a favor by not canceling their plans to visit Florida. We will dust ourselves off. We will clean up a bit. But people can help Florida by not canceling their plans, but coming to Florida. We are open for business, and we will prevail.

Mr. MICA

Mr. MICA. Mr. Speaker, on that I demand the yeas and nays.

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

Mr. MICA. Mr. Speaker, I yield myself such time as I may consume. To close here, Mr. Speaker, first of all, I want to thank both the gentleman from New York (Mr. Israel) and the gentleman from Oregon (Mr. DeFazio) for their work. This is not a partisan issue. This is an issue in the best interest of this Nation. We have done things to make the traveling public who use aviation, which is so important to the economy of this Nation, safe. We have secured cockpit doors. We have air marshals on board. We have trained pilots to arm and defend their aircraft. So we have taken measures, and I think even passengers who fly would never knowingly allow an aircraft to be overtaken. So the threat is not that type of threat that we faced September 11, and we know terrorists are always looking one step ahead to do damage to us. So this is an important complement to what the administration has done. We have a $160 million research and development program to expedite producing defensive systems that can be used on commercial aircraft, and that is important. It gives us one more means of defense against a great terrorist threat. Will we be able to put these on every aircraft? No. Are we able to put an air marshal on every aircraft? No. Does this cost us money? Yes, it is going to cost us money. But stop to think of the cost of one commercial airline being blown out of the sky by a shoulder-launched missile. Eleven percent of our gross domestic product, the entire economy of this country, is really directly related and indirectly related to our aviation industry, jobs by the millions. And since September 11, we hear 3 million jobs. I guarantee that we could find 1\1/2\ to 2 million jobs that were lost just in aviation by the loss of four commercial aircraft. So we have lessons to learn, and I have brought to the floor, in closing, the Kenya missile attack in November of 2002 in Mombasa. Not one, but two shoulder-launched missiles were launched on that date against an Israeli commercial charter aircraft; and this was also timed with a ground attack where people were killed, but hundreds would have perished had they been successful here. This is in Kenya on another continent. However, even more recently, this is a DHL commercial airliner that left Baghdad in November, 2003, and was hit. So far, we have been lucky. So far, we have been fortunate. This aircraft also survived this terrorist attack. But we know there are more of these shoulder-launched missiles available on the open market than ever before. So the provision of the gentleman from New York (Mr. Israel) helps in getting international cooperation. And again I thank the gentleman from Oregon (Mr. DeFazio) for putting a broad-based measure together that will fill in the gaps to provide us one more layer of protection against a potential terrorist attack. Mr. Speaker, I insert in the Record at this point an exchange of letters between the gentleman from Alaska (Mr. Young), chairman of the Committee on Transportation and Infrastructure, and the gentleman from Illinois (Chairman Hyde) regarding H.R. 4056. House of Representatives, Committee on International Relations, Washington, DC, June 21, 2004. Hon. Don Young, Chairman, Committee on Transportation and Infrastructure, House of Representatives, Rayburn House Office Building, Washington, DC. Dear Mr. Chairman: I have reviewed the text of H.R. 4056, the ``Commercial Aviation MANPADS Defense Act of 2004,'' as ordered reported from the Committee on Transportation and Infrastructure on May 12, 2004. The Committee on International Relations has jurisdiction under Rule X over certain provisions of this bill contained in Section 3, International Cooperative Efforts and Section 5, Programs to Reduce MANPADS. Recognizing your wish that the House of Representatives consider this critical bill as soon as possible, and noting the continued strong spirit of cooperation between our Committees, I will forego seeking a sequential referral of H.R. 4056 for the Committee on International Relations. However, waiving the Committee on International Relations' right to a referral in this case does not waive the Committee's jurisdiction over any provision in H.R. 4056 or similar provisions in other bills. In addition, I ask that you support my request to have the Committee on International Relations represented on the conference on this bill, if a conference is necessary. Finally, I ask that you include this letter in the Congressional Record during the debate on this bill. I appreciate your leadership and cooperation on this bill, and I look forward to working with you to ensure that H.R. 4056 is enacted into law soon. Henry J. Hyde, Chairman.

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

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

Mr. MICA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 4056, which is entitled the Commercial Aviation MANPADS Defense Act. Again, MANPADS stands for man- portable air defense systems. It is also an acronym for shoulder- launched missiles. There are two significant threats to commercial aviation today: first of all, there is the threat of explosives carried on board a civil aviation aircraft; and then there is the second significant threat which is shoulder-fired missiles. The legislation before us tonight addresses one of those issues, the growing terrorist MANPADS threat. It addresses four different problems that we face with this threat. First of all, most of the Members may be aware that the administration has launched, with Congress' urging, an extensive research and development program, and that program has been expedited to develop a shoulder-launched missile defensive system to put on our commercial aircraft. But the number one problem that we face even if we finish the research and development of that system today, the defensive system, is putting that system on an aircraft and getting it certified. So the first front and first problem that this bill addresses is an expedited FAA certification of an antimissile system that is currently being developed. The second part of this comprehensive piece of legislation deals with increasing multinational treaties and agreements to stem MANPADS and shoulder-launched missile proliferation. We know and we have been told even with the conflict in the Middle East that there are a great number of MANPADS available on the world market. We must do everything possible to stop the proliferation of them, and this encourages multinational treaties and agreements. And, third, encouraging MANPADS market acquisition. This is a buy- back program. This legislation also requests the administration and those involved in buy-back programs to continue and expand those programs. And then the fourth part about this is that we know that these defensive systems that we can put on aircraft are a good step forward, we know that multilateral agreements and cooperation will bring MANPADS out of the market and we know that the buy-back program will work, but we still are at risk and we know that these systems even when fully developed do not cover us for all types of attack and the fourth part of this legislation promotes ground-based systems. So we look at another protective layer in the threat that we face. While it may be difficult to attack domestic aviation in light of the current security measures that we have put in place, the availability of MANPADS weapons of terror is still a great cause for concern. This has been demonstrated repeatedly, most recently by the November 2002 attack in Kenya, by the 2003 attack on the DHL plane in Baghdad, and also most recently in August of 2003 by the arrest in New York City of three men accused in a plot to smuggle shoulder-fired missiles into the United States. Last year at the direction of Congress, DHS began an aggressive research and development program to assess the viability of an antimissile technology for use in commercial aviation passenger aircraft. The administration's current $100 million research and development program and efforts to work through issues unique to our commercial aviation system and our commercial aircraft, I am pleased, are making very significant progress. We expect to have a recommendation on the viability, feasibility, and costs associated with these systems sometime next year. After that, these systems will need to be expeditiously FAA-certified for installation on our commercial aircraft. It is also necessary, I have said, that we keep these destructive weapons out of the hands of terrorists. Other alternatives to protect our airlines and our airports must also be explored. That is why I, along with the gentleman from Oregon (Mr. DeFazio) and the gentleman from New York (Mr. Israel), introduced H.R. 4056. This bill now is an interim solution and an interim measure addressing, again, problems that we face with this threat. It encourages continued actions to reduce the number of these weapons that are available to those who would do us harm. We have worked closely with the Committee on International Relations and the gentleman from Illinois (Chairman Hyde) to strengthen and clarify the provisions in the legislation dealing with international cooperative efforts. This bill makes clear that the administration must take additional steps to reduce the security risks created by shoulder- launched missile systems. It also encourages strong international diplomatic and cooperative efforts to limit the proliferation of these MANPADS as well as the continuation of our programs, as I have said, that would help us reduce the number of shoulder-launched missiles worldwide. The bill also requires the FAA to expedite their airworthiness certification of the missile defense systems for our commercial aircraft. Finally, H.R. 4056 requires the Department of Homeland Security to report back to Congress within a year on the vulnerability assessment reports they are conducting at our airports throughout the United States and on how they are responding to the General Accounting Office's recommendations to prevent the proliferation of MANPADS. I want to take this opportunity to thank the gentleman from Oregon (Mr. DeFazio) and also the gentleman from New York (Mr. Israel) for their hard work on this bill. I also want to thank Transportation and Infrastructure Chairman Don Young and International Relations Chairman Henry Hyde for their cooperation and work. This measure takes several important steps in dealing with the MANPADS terrorist threat. It is a good bill, it is a bipartisan bill; and therefore I urge passage and adoption of H.R. 4056, as amended. Mr. Speaker, I reserve the balance of my time.

Mr. MICA. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4056) to encourage the establishment of both long-term and short- term programs to address the threat of man-portable air defense systems (MANPADSs) to commercial aviation, as amended.

Mr. MICA

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. 4056.

Mr. MICA

Mr. MICA. Madam Speaker, I come before the House tonight as a Member of Congress concerned about the impending Presidential race and particularly concerned about the Vice Presidential nominee chosen this week by the Democrat nominee for President. I am very concerned, Madam Speaker, because the choice that has been made is a divider rather than a uniter, and I think we are about to engage in a debate that will determine who will lead us for the next 4 years. I am very concerned that someone has been chosen that has talked about two Americas, and that is a great concern to me, the framing of this debate around two Americas. Quite frankly, Madam Speaker, I am concerned about two Americas. I am concerned about giving access and a platform to the trial lawyers in America, a stage and the ability to launch their efforts, which is unprecedented in the history of our Republic. I see two Americas. A lot of trial lawyers, attorneys are my best friends, but I see an America with a few trial lawyers who have benefited greatly and substantially financially, and I see an America in which the rest of us have paid and are paying every day for what those trial lawyers have done to our society and our country. This is a very serious issue because we are going to decide in this campaign if we continue to let trial lawyers have two Americas, where a few benefit, and then we all pay. I do not know any American that has been paying lower hospital bills or lower medical care costs. And if we look at the root of the higher costs, it is because of the system that has evolved. A few are suing, and a few are benefiting. I am very concerned about what I see for health care costs and, in manufacturing, the jobs that have been driven out of this country. I come from the business sector. I am so pleased I am not in business because of the threat of lawsuits today. Everything we do in our society now, the cost is dramatically affected; not just prescription drugs or health care, access to health care, but also manufacturing, our ability to compete in the world. Sometimes we compete on a wage basis, but when we look at lawsuits, I will give two examples. One, the only bill that we overrode when President Clinton was in office was one in which we attempted to do something about civil aircraft manufacturing. We were losing it in the United States, and we had lost most of it. We did override a veto, and we did restore some civil aviation manufacturing. However, we have lost all regional jet manufacturing, lost 50 percent of the large aircraft manufacturing. If we look around the States, North Carolina, the South, the North, Ohio, we see manufacturing closing down, because we would not want to manufacture in the United States when we can take that activity outside the United States. Another example is Orlando Helicopter, in my own backyard in central Florida. It does not exist anymore. They moved to South America and China. Why? Because of liabilities. So I see two Americas. I see an America where we may have a great opportunity for people to get health care at affordable costs, I see opportunity where we can expand jobs and have great economic opportunity, but I do not see it with, unfortunately, the Democratic nominee who is being brought forth. What concerns me, too, having just survived 2 years ago a $5 million unprecedented election by a contestant who was a trial lawyer who spent $5 million to oust me from office, I see that same onslaught of funds coming in to try to capture the second highest office in our land. I see two Americas, and I see one that does concern me.

Mr. MICA

Mr. MICA. Madam Speaker, the Democrats have chosen a trial lawyer as their vice presidential nominee. Now that is just what this country needs, a trial lawyer in the second most powerful position in the United States. That is just what America needs, a well-positioned trial lawyer who can make certain we sue more health care providers, sue more hospitals and drug companies. That is just what America needs, a trial lawyer who can ensure we sue more manufacturers and corporations. If trial lawyers have not driven our health care costs out of sight and our job overseas, we need to give them a better platform to finish the job. Let us be frank, Madam Speaker, America needs a trial lawyer at the helm like Custer needed another Indian at Big Horn. However, there might be a bright side to having more trial lawyers in Washington, since the courts have given terrorists the right to have their own lawyers. At least now we will have something positive for more trial lawyers to do here.

Mr. MICA

Mr. MICA. Mr. Speaker, I would like to pay tribute to a good friend, a community leader, a wonderful wife and mother, and devoted American, Jackie Mallory. Jacqueline Altman Mallory of New Smyrna Beach, Florida died June 23, 2004, in Port Orange, Florida. She was born in Homestead, Florida on August 27, 1936. She was a graduate of New Smyrna Beach Senior High School. She received a degree in early childhood elementary education in 1957 from Florida State University. She was a member of the Delta Gamma sorority and was a member of the theater dance group. She taught school in Boston, Massachusetts and Sanford, Florida. In 1974, Jackie earned a nursing degree from Daytona Beach Community College and worked as a registered nurse. Active in civic affairs, Jackie was on the Board of the Southeast Volusia Hospital District at the time of her death. She also served in that capacity under Governor Bob Martinez. Recently, a building at Bert Fish Medical Center was designated to be named in her honor. She was a member of the Smyrna Yacht Club; a member and past president of the Southeast Volusia Republican Club; a former member of the Volusia County Republican Executive Committee; a former board member of the Visiting Nurses Association, the Volusia/Flagler Red Cross, and the Space Coast Lung Association. She was active in numerous American Cancer Society Fund Raisers; was on the founding committee for the Atlantic Center for the Arts and Images; and was a cheerleading coach for the Southeast Volusia Athletic Association. She was a member of St. Paul's Episcopal Church. She is survived by her husband, Peter, a son, Peter and his wife Sherri of Panama City; a daughter, Betsy Visconti and her husband Joseph of Titusville; a brother, Vernon Altman and his wife Mary Lee of Palo Alto, California; a sister, J'neese Strozier and her husband Thomas of Miami and New Smyrna Beach; and two grandchildren, Mallory Marie Pumphrey of Titusville and Mary Christine Mallory of Panama City. Florida and the New Smyrna Beach area have lost a community leader. The Mallory Family has lost a loved one. I have lost a special friend whom it has been my honor and privilege to know.

Mr. MICA

Mr. MICA. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4226) to amend title 49, United States Code, to make certain conforming changes to provisions governing the registration of aircraft and the recordation of instruments in order to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, known as the ``Cape Town Treaty,'' as amended.

Mr. MICA. Mr. Speaker, I yield myself the balance of my time to close. Mr. Speaker and my colleagues, again I ask your support in the passage today of H.R. 4226 as amended. As you heard, this is an implementation technical bill that will implement provisions of the Cape Town Treaty. As you heard in my previous comment and the comments of the gentlewoman from California, this legislation will, in fact, aid our aviation industry which has been, again, so hard hit during the past 2\1/2\ years. This will not only create jobs in Long Beach, California, but Washington and dozens of other States that produce major aircraft in the United States and also assist us to sell engines which are produced in the United States, I believe in Ohio, but not only from Ohio will there be a good results from the implementation of this treaty, but across the United States where additional parts are produced. So it aids manufacturing, it aids the job creation. And we urge also the other body to act expeditiously in the passage of this legislation so that the full benefits in effect of the Cape Town Treaty when fully implemented can be realized. So, again, I urge adoption of H.R. 4226. Mr. Speaker, I yield back the balance of my time.

Mr. MICA. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the Cape Town Treaty was signed by the United States on May 9, 2003, and referred to the United States Senate for ratification at the end of that year. The Senate will most likely consider ratification of the treaty in the next month or so. Now, this action by the House today of course will not approve the Cape Town Treaty. That responsibility does lie with the other body. However, this bill takes an action to conform United States law for proper implementation of that treaty, and that is why this action today is important. The Cape Town Treaty is vital to international commerce. It will bring the uniformity of modern commercial finance laws, already in place in the United States, to international transactions involving aircraft and also aircraft engines. This uniformity will both greatly reduce the risks associated with aircraft and engine sales abroad, and it will also help to bring improved and newer aircraft, it will help bring them to many areas of the world that desperately need them. The job of the Subcommittee on Aviation since I have become chairman and, even more importantly, since September 11, 2001, is to aid this industry that has been ailing. If we look at what happened since September 11, many folks refer to some 3 million jobs lost in this industry, and I can almost stand here with certainty and guarantee that half of those 3 million jobs, 1.5 million were directly related to the aviation industry. This bill is one more step in helping to revitalize that shaky industry that we have seen since September 11. The Cape Town Treaty seeks to establish an international registry where parties having an interest in aircraft or in aircraft engine can register that interest at an international level to ensure that they remain protected. The treaty enjoys strong bipartisan support and is also supported by the U.S. aviation industry, as well as our key government Departments, including our State Department, Department of Transportation, and Department of Commerce. In order to fully implement the treaty and its accompanying protocol, the administration has proposed to allow the Federal Aviation Administration's Civil Aviation Registry to be the United States' so- called ``entry point'' to the international registry for relevant actions. This is a minor, but important, change in United States law, because it will ensure that upon ratification, the Cape Town Treaty and its aircraft protocol can be fully implemented. That is exactly what H.R. 4226, the Cape Town Treaty Implementation Act, proposes to do. This is important legislation, again, that will help an industry that is still recovering from the tragic events of September 11. In closing, I would like to thank Ambassador Ed Stimpson. Ed Stimpson is the ambassador to ICAO, which is the International Civil Aviation Organization. That international headquarters is located in Montreal, and Ed Stimpson does a great job in representing United States aviation interests on that international body. So I wish to thank him for bringing the need to implement this needed legislation before the House of Representatives and also his leadership in trying to help revitalize our industry, both that produces large aircraft and also that produces aircraft engines. So again, I say thank you to Ed Stimpson, our ambassador, for his leadership on this issue. I also join with the full committee chairman, the gentleman from Alaska (Mr. Young); the ranking member, the gentleman from Minnesota (Mr. Oberstar); and the Subcommittee on Aviation ranking member, the gentleman from Oregon (Mr. DeFazio), in urging immediate passage of this bipartisan bill. Mr. Speaker, I reserve the balance of my time.

Mr. MICA

Mr. MICA. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on H.R. 4226, as amended.

Mr. MICA

Mr. MICA. Mr. Speaker, it is my pleasure to congratulate Delta Airlines on the 75th anniversary of the airline's first passenger flight, June 17th, 1929. Delta has a long and storied history in aviation development in America. Starting as a small crop-dusting business in Monroe, Louisiana under the name of Huff Daland Dusters in 1923, C.E. Woolman and his associates acquired it in 1928. A company secretary came up with the name Delta after the airline's location near the Mississippi River's outlet to the Gulf of Mexico. By 1929 the company had its first passenger plane. Seventy-five years ago today, a Delta Airlines plane carried passengers for the first time from Monroe to Dallas, Texas. While competitors faltered during the Great Depression, Delta survived by teaching flying as well as providing maintenance and hangar rentals to other airlines at its Monroe base. Delta won a bid for a federal postal contract in 1934, giving the airline a route from Charleston, South Carolina to Fort Worth, Texas. As the airline grew Delta split the route into two parts--eastbound to Charleston and westbound to Dallas and Fort Worth, later linking them up in Atlanta. With this route and passenger service as reliable sources of income, Delta grasped the opportunity to evolve into one of the most successful airline companies in the United States. Today Delta serves 209 domestic cities in 46 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, as well as 48 international cities in 32 countries. As Chairman of the Subcommittee on Aviation, I am pleased to recognize Delta's great contribution to the transportation industry.