[Congressional Record Volume 155, Number 105 (Tuesday, July 14, 2009)]
[House]
[Pages H8046-H8048]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PORT CHICAGO NAVAL MAGAZINE NATIONAL MEMORIAL ENHANCEMENT ACT OF 2009

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1044) to provide for the administration of Port Chicago 
Naval Magazine National Memorial as a unit of the National Park System, 
and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1044

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Port Chicago Naval Magazine 
     National Memorial Enhancement Act of 2009''.

     SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION, PORT CHICAGO 
                   NAVAL MAGAZINE, CALIFORNIA.

       (a) Transfer Required; Administration.--Section 203 of the 
     Port Chicago National Memorial Act of 1992 (Public Law 102-
     562; 16 U.S.C. 431; 106 Stat. 4235) is amended by striking 
     subsection (c) and inserting the following new subsections:
       ``(c) Administration.--The Secretary of the Interior shall 
     administer the Port Chicago Naval Magazine National Memorial 
     as a unit of the National Park System in accordance with this 
     Act and laws generally applicable to units of the National 
     Park System, including the National Park Service Organic Act 
     (39 Stat. 535; 16 U.S.C. 1 et seq.) and the Act of August 21, 
     1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). Land transferred 
     to the administrative jurisdiction of the Secretary of the 
     Interior under subsection (d) shall be administered in 
     accordance with this subsection.
       ``(d) Transfer of Land.--The Secretary of Defense shall 
     transfer a parcel of land, consisting of approximately 5 
     acres, depicted within the proposed boundary on the map 
     titled `Port Chicago Naval Magazine National Memorial, 
     Proposed Boundary', numbered 018/80,001, and dated August 
     2005, to the administrative jurisdiction of the Secretary of 
     the Interior if the Secretary of Defense determines that--
       ``(1) the land is excess to military needs; and

[[Page H8047]]

       ``(2) all environmental remediation actions necessary to 
     respond to environmental contamination related to the land 
     have been completed in accordance with the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.) and other applicable laws.
       ``(e) Public Access.--The Secretary of the Interior shall 
     enter into an agreement with the Secretary of Defense to 
     provide as much public access as possible to the Port Chicago 
     Naval Magazine National Memorial without interfering with 
     military needs. This subsection shall no longer apply if, at 
     some point in the future, the National Memorial ceases to be 
     an enclave within the Concord Naval Weapons Station.
       ``(f) Agreement With City of Concord and East Bay Regional 
     Park District.--The Secretary of the Interior is authorized 
     to enter into an agreement with the City of Concord, 
     California, and the East Bay Regional Park District, to 
     establish and operate a facility for visitor orientation and 
     parking, administrative offices, and curatorial storage for 
     the National Memorial.''.
       (b) Sense of Congress on Remediation and Repair of National 
     Memorial.--
       (1) Remediation.--It is the sense of Congress that, in 
     order to facilitate the land transfer described in subsection 
     (d) of section 203 of the Port Chicago National Memorial Act 
     of 1992, as added by subsection (a), the Secretary of Defense 
     should remediate remaining environmental contamination 
     related to the land.
       (2) Repair.--It is the sense of Congress that, in order to 
     preserve the Port Chicago Naval Magazine National Memorial 
     for future generations, the Secretary of Defense and the 
     Secretary of the Interior should work together to develop a 
     process by which future repairs and necessary modifications 
     to the National Memorial can be achieved in as timely and 
     cost-effective a manner as possible.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Washington (Mr. Hastings) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, H.R. 1044 provides that the Port Chicago 
Naval Magazine National Memorial be managed as a unit of the National 
Park System. Currently the area is managed as an affiliated site by the 
National Park Service.
  On July 17, 1944, 320 men were killed in an explosion at the Port 
Chicago Navy ammunition loading base in the San Francisco Bay area. 
This was the largest homeland disaster during World War II.
  Of the dead, 202 were African American enlisted men who were assigned 
to moving ammunition, a highly dangerous job for which they had not 
received adequate training. Fearful of another explosion, 258 of their 
surviving fellow sailors refused to work without more training. In 
response, the Navy charged 50 men with mutiny, and all were convicted.
  The public outrage over the unjust convictions was a key factor in 
the Navy's 1946 decision to end race-based assignments and President 
Truman's 1948 order to integrate all of the Armed Forces.
  In 1992, Congress designated the Port Chicago Naval Magazine National 
Memorial. The pending measure furthers that commitment by providing 
that the Port Chicago Naval Magazine National Memorial be managed as a 
unit of the National Park System, a change that acknowledges the actual 
role the NPS is playing on the ground in maintaining and interpreting 
the memorial.
  The sponsor of this measure, Education and Labor Committee Chairman 
George Miller, has worked tirelessly with the Army and the Navy, as 
well as the National Park Service, to move this legislation forward. 
Chairman Miller is to be commended for his hard work on this bill.
  I support H.R. 1044 and urge its adoption by the House today.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, I rise to support H.R. 1044, but I do regret that sadly 
so many of the men who are being memorialized by this legislation are 
not alive to witness this action today. Time has robbed us of many who 
survived the explosion. We should all be thankful that the Almighty 
blessed us with men like those who sacrificed in so many ways at the 
Port Chicago magazine.
  Mr. Speaker, I support this legislation.
  I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I submit for the Record the following 
exchange of letters between the Committee on Natural Resources and the 
Committee on Armed Services concerning H.R. 1044.

                                         House of Representatives,


                                  Committee on Armed Services,

                                    Washington, DC, June 22, 2009.
     Hon. Nick J. Rahall II,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Nick: On February 12, 2009, H.R. 1044 was introduced 
     and referred to the Committee on Armed Services for a period 
     to be subsequently determined by the Speaker, for 
     consideration of such provisions as fall within the 
     jurisdiction of the Committee.
       Our Committee recognizes the importance of H.R. 1044 and 
     the need for the legislation to move expeditiously. 
     Therefore, while we have a valid claim to jurisdiction over 
     this legislation, the Committee on Armed Services will waive 
     further consideration of H.R. 1044. I do so with the 
     understanding that by waiving further consideration of the 
     bill, the Committee does not waive any future jurisdictional 
     claims over similar measures. In the event of a conference 
     with the Senate on this bill, the Committee on Armed Services 
     reserves the right to seek the appointment of conferees.
       I would appreciate the inclusion of this letter and a copy 
     of your response in the Congressional Record during 
     consideration of the measure on the House floor.
           Very truly yours,
                                                      Ike Skelton,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Natural Resources,

                                    Washington, DC, June 23, 2009.
     Hon. Ike Skelton,
     Chairman, Committee on Armed Services,
     Washington, DC.
       Dear Ike: Thank you for your willingness to expedite floor 
     consideration of H.R. 1044, a bill to provide for the 
     administration of the Port Chicago Naval Magazine National 
     Memorial as a unit of the National Park System.
       I appreciate your willingness to waive rights to further 
     consideration of H.R. 1044, even though your Committee has a 
     jurisdictional interest in the matter and has received an 
     additional referral. Of course, this waiver does not 
     prejudice any further jurisdictional claims by your Committee 
     over this legislation or similar language. Furthermore, I 
     agree to support your request for appointment of conferees 
     from the Committee on Armed Services if a conference is held 
     on this matter.
       This exchange of letters will be inserted in the 
     Congressional Record as part of the consideration of H.R. 
     1044 on the House floor. Thank you for the cooperative spirit 
     in which you have worked regarding this matter and others 
     between our respective committees.
       With warm regards, I am
           Sincerely,
                                                Nick J. Rahall II,
                         Chairman, Committee on Natural Resources.

  At this time, Mr. Speaker, I would like to introduce the gentleman 
from California, the sponsor of this legislation, Mr. Miller, to take 
as much time as he may consume.
  Mr. GEORGE MILLER of California. I thank the gentlewoman and chair of 
the subcommittee for yielding me this time and for bringing this bill 
to the floor at this time.
  I rise in strong support of the Port Chicago Naval Magazine National 
Memorial Enhancement Act of 2009.
  It is fitting that we are taking up this legislation today, as this 
week marks the 65th anniversary of the munitions explosion at the Port 
Chicago Naval Magazine facility in California, a disaster that killed 
more than 300 people and wounded hundreds more. Port Chicago was the 
site of the worst home front disaster of World War II, and it was a 
turning point in American history.
  When sailors were ordered to resume work a few weeks, or even sooner, 
after the deadly explosion, white sailors were given time off to grieve 
and to deal with the aftermath of the explosion. Black sailors were 
ordered to go back to work immediately, and most of them refused to 
return to work to their dangerous assignments until such time as 
supervision, training, and working conditions could be improved and 
they could be told why that explosion took place.
  In response, the Navy charged 50 men with conspiring to mutiny. All 
were convicted. The majority of the men killed at Port Chicago and all 
those

[[Page H8048]]

convicted of mutiny were African Americans.
  The injustice and the legal battles that followed strongly influenced 
the Navy's move toward desegregation in 1945, and President Truman's 
1948 executive order desegregating the Armed Forces and guaranteeing 
``equality of treatment and opportunity for all persons in the armed 
services without regard to race, color, religion or national origin.''
  When this bill becomes law, the National Park Service will be able to 
budget for the memorial's needs, and an interpretive center authorized 
here will allow veterans, students, and other visitors to learn about 
Port Chicago even if they can't access the site all of the time, which 
is located currently within the Concord Naval Weapons Station.
  This legislation was approved by the House last year as part of the 
National Defense Authorization Act earlier this year, and I want to 
thank the Committees on Natural Resources and Armed Services for 
helping to expedite its consideration again today.
  In particular, I want to recognize Chairwoman Madeleine Bordallo for 
managing this legislation here today; Chairman Rahall of the Natural 
Resources Committee for its timely consideration and presentation to 
the floor; Doc Hastings, ranking member of the Natural Resources 
Committee; Chairman Raul Grijalva of the National Parks, Forests, and 
Public Lands Subcommittee, Rob Bishop, ranking member of that 
subcommittee; Chairman Ike Skelton of the Armed Services Committee; 
John McHugh, former member of Armed Services; and Buck McKeon, who now 
holds that position on the Armed Services Committee.
  I also want to thank the staff for the two committees, including 
Leslie Duncan, David Watkins, and David Sienicki, and Ben Miller, my 
legislative director.
  I urge all my colleagues to support H.R. 1044.
  Again, I would like to thank the gentlewoman for yielding me this 
time.

                              {time}  1430

  Mr. HASTINGS of Washington. I have no more speakers on my side, and 
if the gentlelady is the last speaker on that side, I yield back the 
balance of my time.
  Ms. WATERS. Mr. Speaker, I rise today in strong support of H.R. 
1044--The Port Chicago Naval Magazine National Memorial Enhancement Act 
of 2009. I would like to thank my colleague from California, 
Congressman George Miller, for offering this resolution and for his 
lengthy and dedicated work to ensure that history records the real 
story of the bravery and heroism of those injured and killed at Port 
Chicago on July 17, 1944.
  On that day, 320 sailors and civilians were killed when munitions 
caches being loaded onto ships at Port Chicago, California, 
accidentally detonated. In addition, 390 sailors and civilians were 
injured in the explosion. The vast majority of the dead and injured 
were enlisted African Americans serving our country during World War 
II.
  Following the accident, when servicemen protested the dangerous 
process of loading munitions and the apparent lack of interest or will 
to remedy the process, the men were court-martialed for being 
``mutinous'' and sentenced to prison terms. The group came to be known 
as ``The Port Chicago 50.''
  This accident happened during a time when segregation in all aspects 
of American life still raged in our country. Even men who put their 
lives on the line for our country were not spared from the effects of 
racism. Not surprisingly, both the ensuing reparations for family 
members and the shameful trial of these men were loaded with racial 
overtones.
  The least we can do then is to upgrade the status of the Memorial 
erected in honor of those killed at Port Chicago to that of a National 
Park, so that we can direct appropriate Federal funds to repair and 
maintain the Memorial.
  In addition, I hope we can take the additional step of exonerating 
these men and expunging their criminal records. In the meantime, let's 
honor the fallen of Port Chicago by supporting H.R. 1044.
  I again thank my colleague, Mr. Miller, for offering this bill.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support this bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 1044, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________