E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, THURSDAY, APRIL 27, 2006 No. 48 House of Representatives The House met at 9 a.m. lic for which it stands, one nation under God, We welcome Pastor Don Borling and The Reverend Don Borling, Pastor, indivisible, with liberty and justice for all. his family, and we thank him for open- All Saints Lutheran Church, Orland f ing our House today in prayer. Park, Illinois, offered the following WELCOMING THE REVEREND DON f prayer: BORLING O God of goodness and grace, it’s an- RECESS other day and maybe just an ordinary (Mr. NUSSLE asked and was given The SPEAKER. Pursuant to the moment. permission to address the House for 1 order of the House of Tuesday, April 25, We are here in the very heart and minute.) 2006, the House will stand in recess sub- soul of our Nation, a place committed Mr. NUSSLE. Mr. Speaker, first of ject to the call of the Chair to receive always to the very goodness and power all let me acknowledge and welcome so the former Members of Congress. of the human spirit, a spirit binding us many of our former colleagues back to Accordingly (at 9 o’clock and 12 min- together in a world that is too often di- the House Chamber here today. We wel- utes a.m.), the House stood in recess vided by things that really should come you. We thank you for your many subject to the call of the Chair. bring us together: our diversity, our years of service, and we look forward f varied colors and religions, our cul- to the opportunity to renew old friend- tures and backgrounds. ships. RECEPTION OF FORMER MEMBERS O Lord of all life, we call You by Mr. Speaker, I rise to welcome our OF CONGRESS many names, we worship You in styles guest chaplain here today, Don The Speaker of the House presided. and ways that reflect the humanity Borling, who is the pastor of All Saints The SPEAKER. On behalf of the with which You create us, we debate Lutheran Church in Orland Park, Illi- House, I consider it a high honor and and we argue, we vote and we com- nois. He has been the pastor there for distinct personal privilege to have the promise, we come together in this sa- over 30 years. You might wonder why a opportunity of welcoming so many of cred Chamber with so much at stake, guy from Iowa is introducing a min- our former Members and colleagues as with so many people counting on us ister from Illinois. Well, when I went to may be present here for the occasion. and needing the very best of what we high school there, this was my home We all pause to welcome you. have to offer. church. It is still my parents’ home I want to say personally, good morn- Please watch over us today. What we church. Don has been a good friend for ing. On behalf of the House of Rep- do here is sacred. Please give us the hu- many years. It is a pleasure to be able resentatives, I am pleased to welcome mility and grace to live up to our call- to welcome him and his wife, Jude; his back all of you. It is always good to see ing. son, Quinton; and his extended family so many familiar faces, and for me who Amen. who are here today. has been here 20 years, even a few unfa- f For many years Don has taught me miliar faces. I see my former leader, I THE JOURNAL and so many members of our church on see people who I have served with, so the south side of the Chicagoland area many people I have come into Congress The SPEAKER. The Chair has exam- about the living God that is with us with and have continued to serve this ined the Journal of the last day’s pro- here today, that is in our hearts, in our Nation well. I am especially glad to see ceedings and announces to the House minds, is in the great moments of a my friend from the great State of Mis- his approval thereof. Pursuant to clause 1, rule I, the Jour- Chamber like this where we come to- souri and your president, Jake nal stands approved. gether with the spotlight of history Buechner. Jack, I know of the loss of and the television cameras, but also your dear wife, Nancy, this year after a f the kind of God that is there in the courageous fight with cancer. I just PLEDGE OF ALLEGIANCE small moments, when no one is watch- want to let you know on behalf of all of The SPEAKER. Will the gentleman ing and when it really matters. He has us in the House of Representatives, our from Iowa (Mr. NUSSLE) come forward taught us not only about the God that thoughts and prayers are with you and and lead the House in the Pledge of Al- we worship on Sundays but the God your family. legiance. that needs to be there every day, Mon- Matt McHugh is a worthy choice for Mr. NUSSLE led the Pledge of Alle- day through Saturday, in our lives. He the Distinguished Service Award, and I giance as follows: has been a minister to me; but he has would like to extend my sincere con- I pledge allegiance to the Flag of the also been a mentor, he has been a gratulations to Matt. Matt served in United States of America, and to the Repub- brother, he has been a friend. the House while I was here, a great

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.000 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1856 CONGRESSIONAL RECORD — HOUSE April 27, 2006 Member from New York. During his Thomas W. Ewing (Illinois) Our finances are sound. We support tenure, he was a valuable member of Harold Ford (Tennessee) all our activities via three income several committees, including the Ap- Louis Frey, Jr. (Florida) sources: membership dues, program- Benjamin A. Gilman (New York) propriations Committee and what has William Grant (Florida) specific grants and sponsorships, and been called the Arms Control and For- William Goodling (Pennsylvania) our annual fund-raising dinner. In addi- eign Policy Caucus. Since leaving the Margaret Heckler (Massachusetts) tion, we have had the good fortune to House, Matt has continued his efforts Dennis M. Hertel (Michigan) receive a bequest from Frieda James, to improve our Nation and our world. Peter Hoagland (Nebraska) the widow of the late Benjamin Frank- George J. Hochbrueckner (New York) He has served as vice president at Cor- William J. Hughes (New Jersey) lin James, a five-term Republican from nell University and currently serves as Robert W. Kastenmeier (Wisconsin) Pennsylvania. counsel to the president of the World David S. King (Utah) During the presidency of my es- Bank. He is also chairman of Bread for Ernest Konnyu (California) teemed predecessor, Larry LaRocco of the World, a group that fights to end Peter Kyros (Maine) Idaho, the association established its hunger in this world. Romano L. Mazzoli (Kentucky) first endowment fund. The goal of the Matthew F. McHugh (New York) Meetings like this are more than just Richard Dale Nichols (Kansas) fund is to ensure the financial viability a chance to catch up with old friends. Howard W. Pollock (Alaska) of the Former Members Association, It is a time when you, our more sea- Larry Pressler (South Dakota) for not just this coming year but for soned Members, can offer some words William R. Ratchford (Connecticut) many years to come. We envision a of advice and maybe even tell us a few John J. Rhodes, III (Arizona) time when investment earnings of the things that maybe we’re doing right. Patricia Schroeder (Colorado) endowment fund can be used to supple- Richard Schulz (Pennsylvania) Trust me, you’re in a room full of law- David E. Skaggs (Colorado) ment the association’s budget during makers and we love to hear what we’re Jim Slattery (Kansas) lean years, a safety net to guarantee doing right. Dennis A. Smith (Oregon) that tough economic times will not Seriously, though, I am also glad to Lawrence J. Smith (Florida) shut down this association. Many of see this group and hear about all the Stephen J. Solarz (New York) our members have made contributions great things that you continue to do R. Lindsay Thomas (Georgia) to this fund, and we thank them for for our Nation. This organization Mr. SLATTERY. The Chair is pleased their kind generosity. serves a valuable purpose. You spread to announce that there are 39 former Mr. Speaker, the U.S. Association of the good news about the importance of Members of Congress that have re- Former Members again has had a very our democratic government. And I un- sponded to their names here today. successful, active, and rewarding year. derstand that you have a new project The Chair at this time would recog- We have continued our work serving as that you are undertaking in coopera- nize the distinguished gentleman from a liaison between the current Congress tion with some of our international the State of Missouri, the Honorable and legislatures overseas. We have cre- partners, the International Election Jack Buechner, the president of our as- ated partnerships with highly re- Monitors Institute. sociation. spected institutions in the area of de- Again, I want to thank you once Mr. BUECHNER. Thank you, Mr. mocracy building. We have had many again for the work that you continue Speaker pro tem, and all of you for of our members involved in election to do on behalf of the American people. being with us this morning. We are es- monitoring missions worldwide. We I want to thank you for coming. Per- pecially grateful to Speaker HASTERT again sent dozens of bipartisan teams sonally, I want to say that as all of us for taking the time from his busy of former Members of Congress to uni- who get up in years and have served 20 schedule to greet us and give us his versity campuses here in the United years or so in this place, we don’t al- warm welcome. States and abroad as part of our Con- ways look forward to becoming former It is always an honor and a privilege gress to Campus Program. I am there- Members, but we know that we will be. to return to this magnificent institu- fore pleased to now report on the pro- I want to look forward to say I appre- tion. We revere it and we have shared gram work of the U.S. Association of ciate the welcome that you have given so many memorable experiences here Former Members of Congress. everybody that has left these Halls and that I think it is indelibly inked into When I stood at this podium 1 year look forward someday to joining your our psyches. Service in Congress is ago to present our association’s activi- ranks myself. both a joy and a heavy responsibility. ties to the Congress, I announced that Thank you, God bless you, and have a Whatever your party affiliation, we we were in the process of creating an great day. have great admiration for those who election-monitoring organization to The Chair now recognizes the Honor- continue to serve here, serve their train former legislators in this impor- able Jim Slattery, vice president of the country, serve their constituency in tant aspect of democracy building. I association, to take the chair. this rather unique institution. We am very pleased to report today that in Mr. SLATTERY (presiding). Thank thank all of you who have served and the past year we have cofounded the you, Mr. Speaker. It’s great to see you. all those who continue to serve, and we International Election Monitors Insti- On behalf of the association, we cer- thank those who are here for giving us tute, an organization jointly adminis- tainly wish you good health and con- the opportunity to report on the activi- tered by the U.S. Association of tinued wonderful service to our coun- ties of the U.S. Association of Former Former Members, the Canadian Asso- try, also. It’s great to see you, Mr. Members of Congress. This is our 36th ciation of Former Parliamentarians, Speaker, and thank you. annual report to Congress. and the Association of Former Mem- The Clerk will now read the roll of Mr. Speaker, I ask unanimous con- bers of the European Parliament. We the former Members of Congress. sent that all Members be permitted to have joined in the drafting of initial The Clerk called the roll of the revise and extend their remarks. by-laws of the institute, and later this former Members of Congress, and the Mr. SLATTERY. Without objection, week we will select four members of following former Members answered to so ordered. our association to join four Canadians their names: Mr. BUECHNER. Our association is and four Europeans as the first board FORMER MEMBERS OF CONGRESS PARTICIPATING nonpartisan. It has been chartered by of directors of this exciting new ven- IN 36TH ANNUAL SPRING MEETING THURSDAY, Congress, but receives absolutely no ture. APRIL 27, 2006 funding from Congress. We have a wide I will now yield to our association’s William Alexander (Arkansas) variety of domestic and international secretary, Dennis Hertel of Michigan, Glen Browder (Alabama) programs which several other Members to give more details about this associa- James T. Broyhill (North Carolina) and I will discuss briefly. Our member- tion program. Jack Buechner (Missouri) ship numbers 550; and our purpose is to Mr. HERTEL. I want to thank the Bill D. Burlison (Missouri) Beverly B. Byron (Maryland) continue, in some small measure, the gentleman from Missouri for giving me James K. Coyne (Pennsylvania) service to country which began during the opportunity to report on the Inter- Ron DeLugo (Virgin Islands) our terms in the House of Representa- national Election Monitors Institute Joseph J. Dioguardi (New York) tives and the Senate. and the other advances our association

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.002 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1857 has made in this field. The goal of the ceived an invitation from this inter- Our team went to 110-some polling institute is to train former legislators national body to send former Members places. This was the IRI team. There from the three associations in proper of Congress as U.S. delegates on their were others. I think probably over a standards of election monitoring. We election monitoring missions. thousand polling places were visited on have adopted the U.N. Code of Conduct One partnership of which we are espe- election day. Everybody came away For Election Observers and will train cially proud is with the House of Rep- with the almost unanimous impression our members to be objective and im- resentatives. DAVID DREIER and DAVID that the election itself was handled ca- partial monitors of elections. PRICE head up the House Democracy pably, professionally, and well. It is clear what a crucial role elec- Assistance Commission, and former That is the good news. The bad news tion monitors can play in furthering Members of Congress will serve with is that as soon as the polls closed, the true democracy across this globe. In current Members of Congress on de- ballot boxes all disappeared and didn’t addition, former legislators offer such mocracy-strengthening missions all reappear for another 4 weeks. We were a unique and unparalleled experience over the world, not just for elections pretty well assured about ballot box se- in this field that really no other group but after, to do democracy-building. In curity, and I heard very little to indi- of people can match. To then couple addition, we will lend some of our ex- cate that in that 4-week period of time this with a truly international under- pertise and experience to panels for anything happened to the ballot boxes. taking that involves former parliamen- legislators from newly emerging de- But Afghanistan is such a far-flung tarians from the United States, Can- mocracies as they learn the nuts and place and it is so primitive that it took ada, and Europe is a very exciting and bolts of a representative democracy. virtually 3 weeks to gather all the bal- groundbreaking idea. I am pleased that These are all very exciting develop- lots in a central place where they could our association has created this new ments for this association, and I am ex- be counted. entity and through it will send well- tremely pleased to be a part of this un- The most impressive thing that I trained election observers around the dertaking, and I am so very proud of came away with aside from the fact world. We will not only monitor on the former Members who give of their that this country with no electoral his- tory at all handled an election very ca- election day, but even preceding the time with no compensation whatsoever pably was a meeting that our team had election will have teams in place to ob- to be away from their families, to trav- with 10 female candidates for the par- serve how the actual campaign is being el to all ends of the globe for these ac- liament. The new Afghan Constitution conducted. tivities, to be gone from home for 10 requires that 25 percent of the par- Earlier this year we had the chance days, 2 weeks, to report back and to liament be filled with ladies, females. to apply this model to the parliamen- continue to monitor those activities. tary elections in Ukraine where we had During the past year, we also placed We sat and listened to these candidates international observer teams in-coun- some of our association members on for 2 hours. Of the 10, five were profes- sionals: four doctors and one registered try for both the campaign and the ac- election monitoring missions organized nurse. The other five were people who tual election. I proposed this commis- by the International Republican Insti- had run a shop someplace or did rugs or sion after the Ukraine election in No- tute and the National Democratic In- stayed home. Their stories about living vember a year and a half ago. We had stitute. under the Taliban were chilling, scary. over 90 former Members, Republicans I now yield to my colleague Jay Their stories about their intense desire and Democrats as always, who partici- Rhodes of Arizona to report on his ex- to take part in the new Afghanistan pated in the lead-up and in that elec- perience monitoring the election in Af- was thrilling. We watched the women tion in November which was over- ghanistan. vote on election day. They voted in turned because of what the election ob- Mr. RHODES. Thank you, Dennis. It is a pleasure to be with you this morn- great numbers. That was the most im- servers had seen and reported. So we portant, I think, experience that I made a difference in that country for ing and to just share with you very briefly an experience that I had moni- came away with from having been democracy. there, was the dedication on the part of We also had after that November toring the parliamentary elections in the new leadership in Afghanistan to election for the December election, Afghanistan in September of last year. include women, and to include them in former Members come over the Christ- I was invited to join a monitoring team a meaningful way. by the International Republican Insti- mas holidays to be away from their I have a great deal of hope that de- families, but to fight for democracy as tute. Frankly, I was invited to join on mocracy in Afghanistan is going to election observers for that final elec- fairly short notice and I hesitated, be- take hold. It is not going to be easy. tion in the Ukraine also. Funding for cause we’re all busy people, but my The Taliban is not dead. But I think this venture came from the U.S. Agen- wife said to me, How can you possibly that the dedication of those people cy for International Development via a think about passing up an opportunity that we were able to interact with in grant to the U.S. Ukraine Foundation. like this? And I said, Well, you know, the week that I was there indicate to I personally had the chance to spend that makes a lot of sense, so I said, me that this is a place where it can election day in Kiev and be an offi- Yes, I will go to Afghanistan. happen. cially accredited observer of Ukraine’s One of the things I have to tell you is Dennis, thank you very much. election this year. being in Afghanistan is a very inter- Mr. BUECHNER. Reclaiming my I recommend our Web site for a de- esting experience, but getting to Af- time, I want to thank Dennis and Jay tailed report of our missions. What we ghanistan is likewise a very interesting for those reports. have seen is that there are issues; and experience. It’s a long way from any- Mr. Speaker, since its founding, the as much as our people are well-trained place. Also, speaking of places like Af- U.S. Association of Former Members of and politically aware, we want to pre- ghanistan, security is an interesting Congress has played an important role pare them and those members from the proposition, but I can tell you it is in fostering dialogue between the lead- EU and the Canadian Parliament for more difficult to get out of Dulles Air- ers of other nations and the United whatever surprises might come during port than it is to get into Afghanistan. States. We have arranged more than the election period. The country is absolutely beautiful, 450 special events at the United States In addition to creating the Inter- but it is really a tough place. Kabul is Capitol for delegations from over 80 national Election Monitors Institute, one of the most poverty-stricken places countries and the European Par- our association during this past year I have ever seen in my experience. But liament. We have hosted meetings for created partnerships with some of the to sum it all up, the Afghans, with individual members of parliaments and key institutions in this field. For ex- very, very little history of democracy parliamentary staff. We have organized ample, we teamed with IFES and suc- and very, very little history of con- approximately 50 foreign policy semi- cessfully applied to the U.S. Agency for ducting elections, conducted in what nars in about a dozen countries involv- International Development to become was the unanimous opinion of virtually ing more than 1,500 former and current one of their approved organizations to all the international observers a very, parliamentarians, and we have con- receive democracy-building grants. We very good, well-run, capable election. I ducted over 20 study tours abroad for also partnered with OSCE and have re- personally went to 16 polling places. Members of Congress.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.003 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1858 CONGRESSIONAL RECORD — HOUSE April 27, 2006 The association serves as the secre- House and the French toast was taken are now being governed out of Brussels. tariat for four legislative liaison pro- off the menu and French fries, and Ger- One of those policy areas under the EU grams which bring current Members of many seemed to, although it had the domain is agriculture, which was ex- Congress together with their col- same position, not receive the same amined in detail with experts during a leagues in the parliaments of Germany, amount of sort of verbal pummeling. panel discussion in Brussels. In addi- Mexico, Japan and the most recent ad- The German Ambassador said, quite tion, seminar participants attended dition, Turkey. The Congressional candidly, that the study group had de- meetings with NATO officials in Brus- Study Group on Germany, which is our veloped a rapprochement between sels. A visit with American soldiers at largest and most active exchange pro- Members of the House and the Senate the Landstuhl military hospital, which gram involving the U.S. Congress and and their counterparts in the Bundes- is usually the first destination for the the parliament of another country, is tag so that there were phone commu- wounded from Iraq, occurred at the end our flagship international program of nications and e-mail communications, of the annual seminar. the association. It is a bipartisan orga- and there was a lot of political under- A report about the activities of the nization with approximately one-third standing that went on, where a mem- Congressional Study Group on Ger- of the Members of Congress, both ber who stands for election in Germany many would be incomplete without House and Senate, participating. The was talking to Members who stand for thanking its financial supporters. First Congressional Study Group on Ger- election over here, even though their and foremost one needs to thank Craig many serves as a model for all other politics were not necessarily the same. Kennedy and the German Marshall study groups under the umbrella of the You could have a Social Democrat in Fund of the United States because association. Germany meeting with a Republican without him and his foundation, the For over 20 years, the Congressional here, or vice versa. You could have a study group could not function at its Study Group on Germany has been a member of the Free Democrats in Ger- present level of activity. Also, one forum for lawmakers from Germany many talking to a very liberal Demo- must not forget former Member Tom and the United States to communicate crat over here. Coleman of Missouri who chairs, as I on issues of mutual concern. The study And the idea was that there was com- said, the business advisory council to group was founded in 1983 as an infor- munication and there was an under- the study group. His tremendous dedi- mal group and was established as a for- standing. I think that that is the great- cation in raising much-needed funds to mal organization in 1987. The primary est thing that we can do with these support the administrative side of the goal of the study group is to establish other parliaments is create an atmos- study group has been essential. He has a forum for communication between phere of understanding. That under- put together a group of companies that Members of Congress and their coun- standing goes a long way toward cre- deserve our gratitude for giving their terparts in the German Bundestag. On- ating better relationships; and, for that aid and support to the administrative going study group activities include matter, it makes our Members better aspects of this program. Current BAC conducting a Distinguished Visitors Members. The Federal Republic of Ger- members are Allianz, BASF, Program at the United States Capitol many is one of our most important al- DaimlerChrysler, Deutsche Telekom, for guests from Germany, sponsoring lies, and the study group has been in- DHL Americas, EDS, Eli Lilly, Luft- annual seminars involving Members of strumental in helping to cement trans- hansa, RGIT, SAP, Siemens, and Volkswagen. Congress and the Bundestag, providing Atlantic ties over the years. Modeled after the Congressional information about participants in the The most visible activity of the Study Group on Germany, the associa- Congress-Bundestag Youth Exchange group is its Distinguished Visitors Pro- tion established a Congressional Study Program to appropriate Members of gram. That brings high-ranking Ger- Group on Turkey at the beginning of Congress, and organizing a senior con- man elected officials to Capitol Hill to 2005. Turkey, one of our strategic al- gressional staff study tour to Germany meet with Members of Congress. In lies, is situated at the crossroads of each year. 2005, the Study Group on Germany or- many important challenges for the 21st The Congressional Study Group on ganized briefings for Members of Con- century: peace in the greater Middle Germany is funded primarily by the gress with the then German Ambas- East, the expansion of the European German Marshall Fund of the United sador to the United States, Wolfgang Union, and the transformation of States. Additional funding to assist Ischinger; member of the Bundestag, NATO. The Study Group on Turkey with administrative expenses is re- Minister President Gunther Oettinger; brings current Members of Congress to- ceived from a group of corporations Minister President Roland Koch; and a gether with their legislative counter- whose representatives serve on a busi- group of newer Bundestag members. parts in Turkey, government officials ness advisory council to the study The highlight of each programming and business representatives in Turkey group. The business advisory council is year is the Congressional Study Group and serves as a platform for all partici- chaired by former Member Tom Cole- on Germany’s annual seminar. Every pants to learn about U.S.-Turkish rela- man of Missouri, who served as the year, the study group brings approxi- tions firsthand. chairman of the Congressional Study mately eight Members of Congress to- Thanks to funding from the Eco- Group on Germany in the House in gether with German legislators for sev- nomic Policy Research Institute, a 1989. The study group has established eral days of focused discussion on a think tank established by the Turkish itself as the most productive means of predetermined agenda. The parliamen- business association TOBB, the Ger- communication between the U.S. Con- tarians usually are joined by several man Marshall Fund of the United gress and the German Bundestag. To Members of the Congress and Bundes- States, and a group of corporate spon- date, 163 Members of Congress belong tag officials of the two federal govern- sors, the Study Group on Turkey has to the Congressional Study Group on ments, think tank and foundation rep- started a Distinguished Visitors Pro- Germany: 34 Senators and 129 House resentatives, and members of the Ger- gram in Washington. This program in- Members. man American corporate community. volves events for Members of Congress Let me just interject a little anec- The 2005 annual Congress-Bundestag such as roundtable discussions or dote, and that is, when the Iraq war seminar took place in Berlin; Brussels, breakfast/luncheon panels featuring commenced and there were the atti- which was an acknowledgment of the visiting dignitaries from Turkey. Re- tudes in Europe, and particularly Ger- part that the EU played especially in cent guests include then-Turkish Am- many and France chose not to partici- trade issues; and Frankfurt from bassador to the United States Logoglu; pate as Germany had, for instance, in March 18 to March 24, 2005. This pro- the EU Ambassador to the United Afghanistan, Members of our Congress gram included high-level meetings States, John Bruton; Turkish Prime were contacted by or contacted their with representatives of the German Minister Erdogan; Speaker of the Bundestag counterparts. The French Government, the European Union and Grand National Assembly of Turkey Ambassador, who had just come to the NATO. For the first time the Congres- Arinc; and current Turkish Ambas- United States, inquired of the German sional Study Group on Germany spent sador to the United States Sensoy. Ambassador why was it that France part of the annual seminar in Brussels, The Congressional Study Group on was beaten about on the floor of the as I said, because many policy areas Turkey also conducts an annual U.S.-

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.005 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1859 Turkey seminar. The seminar is a though this is obviously a very impor- CONGRESS TO CAMPUS PROGRAM week-long conference for U.S. Members tant and timely issue of mutual con- REPORT TO THE ANNUAL MEETING OF THE U.S. of Congress to discuss areas of mutual cern. The Congressional Study Group ASSOCIATION OF FORMER MEMBERS OF CON- concern with their legislative counter- on Mexico is a unique organization in GRESS—APRIL 27, 2006 parts from Turkey. The 2005 U.S.-Tur- that it serves as a bipartisan forum for Introduction key seminar took place from May 28 to U.S. legislators from both the House of The Congress to Campus Program address- June 3 and included stops in Istanbul Representatives and the U.S. Senate to es a significant shortfall in civic learning and Ankara. The members of the dele- engage in issue-specific dialogue with and engagement among the country’s young gation met with high-level representa- Mexican elected officials and govern- people of college age. It combines traditional tives, including Speaker of the Grand ment representatives so the two coun- educational content about American govern- National Assembly of Turkey Arinc; ment and politics (especially Congress) with tries’ political decision-makers receive a strong message about public service, all de- Turkish Prime Minister Erdogan; the a comprehensive picture of the issues livered by men and women who have Minister of State for the Economy, Ali revolving around U.S.-Mexico rela- ‘‘walked the walk.’’ The Program sends bi- Babacan; Turkish Foreign Minister tions. partisan pairs of former Members of Con- Abdullah Gul; and the Chief of the The study group also replicates this gress—one Democrat and one Republican—to Turkish General Staff, General Ozkok; forum for senior congressional staff. visit college, university and community col- and Minister of Defense Gonul. Topics Topics such as border security, trade lege campuses around the country. During that the participants discussed in- and narcotics trafficking are just a each visit, the Members conduct classes, cluded the U.S.-Turkish military alli- sample of the subjects pertinent to the hold community forums, meet informally with students and faculty, visit high schools ance; Turkey’s relationship with its bilateral relationship with Mexico. The and civic organizations, and do interviews neighbors, including Armenia and Congressional Study Groups on Ger- and talk show appearances with local press Syria; economic issues; trade and many, Turkey, Japan and Mexico are and media. human rights. examples of how the Former Members In the summer of 2002, the Board of Direc- Because of the Congressional Study Association can provide an educational tors of the U.S. Association of Former Mem- Group on Turkey, Members of Congress service to current Members, their bers of Congress (Association) engaged the were able to interact with their Turk- staffs and aid in the foreign relations Center for Democracy & Citizenship (CDC) at ish counterparts and learn more about of this country. Let me also add that the Council for Excellence in Government to help manage the Congress to Campus Pro- the vital relationship between the two the association has enjoyed a highly gram (Program) in partnership with the countries. The U.S. Association of productive working relationship with Stennis Center for Public Service (Stennis). Former Members of Congress is pleased the French embassy, in particular our CDC and Stennis, with the blessing of the to add the study group to its portfolio relationship with the French Ambas- Association, have worked together since to of international programs. It is certain sador, his Excellency Jean-David increase the number of campuses hosting to attract great interest in Washington Levitte. This has led to the creation of Program visits each year, to expand the pool and in Ankara. The next U.S.-Turkey the Former Members Committee on of former Members of Congress available for seminar is scheduled to take place in France, which brings former Members campus visits, to develop new sources of funding, to raise the profile of the Program November of this year. of Congress together with current and its message in the public and academic The association also serves as the members of the French National As- community, and to devise methods of meas- secretariat for the Congressional Study sembly and their friendship societies. uring the impact of the program at host in- Group on Japan and the Congressional We have had very interesting discus- stitutions. Study Group on Mexico. Founded in sions on foreign policy and trade, and Quantity and Quality of Program Visits 1993 in cooperation with the East-West we thank Ambassador Levitte for the This is the fourth year under the current Center in Hawaii, the Congressional numerous times he has hosted our as- program management. In the 2005–2006 aca- Study Group on Japan is a bipartisan sociation for roundtable discussions demic year, the Program sponsored twenty- group of 71 Members of the House and and panel presentations. six events involving twenty-nine colleges Senate with an additional 36 Members Mr. Speaker, of course not all of our and universities around the country and the having asked to be kept informed on activities are international in nature. world. [See Attachment 1—Roster of ’05–’06 study group activities. The Congres- One of the most gratifying programs Academic Year Visits & Participants.] These sional Study Group on Japan arranges visits took former Members to universities, involving this association and its mem- service academies, colleges and community opportunities for Members of Congress bers is the Congress to Campus Pro- colleges in seventeen states and three coun- to meet with their counterparts in the gram. This is a bipartisan effort to tries. Over the past four years, former Mem- Japanese Diet in addition to organizing share with college students throughout bers have visited over 120 colleges and uni- discussions for Members to hear from the country our unique insight on the versities during campus visits in the U.S. American and Japanese experts about work of the Congress and the political and around the world speaking to nearly various aspects of the U.S.-Japan rela- process more generally. Our colleague 40,000 students in the process. tionship. In the past year, featured from Colorado, David Skaggs, has been We have found college and university par- guests have included Japanese Ambas- ticipation in the Program to be cyclical in managing this program for the associa- nature. While the numbers were down slight- sador to the United States Ryozo Kato; tion for the last 4 years as a project of ly this academic year, applications and ex- Under Secretary of State for Political his Center for Democracy and Citizen- pressed interest from host institutions indi- Affairs R. Nicholas Burns; and former ship at the Council for Excellence in cate that the 2006–2007 academic year will Senior Director for Asian Activities at Government, in partnership with the likely be Congress to Campus’ most produc- the National Security Council, Michael Stennis Center for Public Service. tive year ever. The average number of visits Green. I now yield to David to report on the for fall semesters has been 13 over the last The Congressional Study Group on program. three years; a number already surpassed by Japan is funded by the Japan-U.S. Mr. SKAGGS. Thank you, Mr. Presi- applications and requests for visits from Friendship Commission. I am also glad dent, I appreciate your yielding the schools for this coming fall. We continue to fine-tune the content and to say that our member, the former time, and I am proud to be able to re- substance of Program visits based on feed- Speaker of this House, Thomas Foley, port to our colleagues about the Con- back from Members and host professors. The has made himself available at least on gress to Campus Program activities for Program asks visiting Members and host two occasions to discuss the issues of this past academic year, 2005–2006. As professors to complete an evaluation of each concern and his Japanese counterpart the gentleman from Missouri indi- visit. As the result of those evaluations, we has joined him at some of these meet- cated, this is a partnership between my encourage host schools to include nearby ings for a rare insight of diplomat to organization and the Stennis Center colleges and universities in Congress to Cam- diplomat. for Public Service in Mississippi. I pus visits and to schedule a broad scope of Last but not least, the association classes and activities for the former Mem- would ask unanimous consent that a bers. We will continue to make changes in administers a Congressional Study full report on the activities of the pro- response to the suggestions of participating Group on Mexico. U.S.-Mexican rela- gram be submitted for the RECORD. former Members and host faculty. tions are a priority and not merely set Mr. SLATTERY. Without objection, The Program asks host schools to insure against the backdrop of immigration, so ordered. contact with at least 250 students over the

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We expect this relationship unique story about representative democ- ing to help with the expansion of the Con- to continue and lead to support for future racy and their special call to public service. gress to Campus Program for this academic Congress to Campus visits to colleges and A draft schedule of events is prepared in year including the Cultural Affairs Office of universities in Canada. advance of each campus visit and reviewed the U.S. Embassy in Canada (visit specific) In past years, the program has sponsored by staff to assure variety as well as sub- and the Eccles Centre for American Studies stance. There is a conference call before each at The British Library and the Cultural Af- campus visits to Germany and China, as trip with Members and the responsible cam- fairs Office of the U.S. Embassy in the well. pus contact person to review the revised United Kingdom (visit specific). While Sten- Program Outreach and Publicity schedule and iron out any remaining prob- nis’ commitment to the Program is ongoing, lems. Members also receive CRS briefing ma- funding from the other organizations is The continuing interest on the part of col- terials on current issues and background in- being provided on a year by year basis. The leges and universities in hosting Congress to formation on government service opportuni- effort to find new sources of funding for Con- Campus visit is the result of a multi-faceted ties prior to each visit. gress to Campus is a continuing challenge. outreach effort. Association leadership and Recruiting Member Volunteers for Campus Vis- Host schools are expected to cover the cost numerous former Members, as well as staff its of Members’ on-site accommodations and at CDC and Stennis, have made many per- local travel and to make a contribution to The success of the Program obviously de- sonal contacts on behalf of the Program. In cover a portion of the cost of administering addition, CDC Executive Director and former pends on Members’ participation. With trav- the Program. A suggested amount of con- el back and forth, Members end up devoting Member David Skaggs has made a number of tribution is determined according to a slid- public presentations in behalf of Congress to about three days to each campus visit. This ing-scale based on an institution’s expendi- is a priceless contribution of an extremely Campus and informational material has been tures per pupil [see Attachment 2—Applica- emailed directly to all members of the valuable resource. tion Form]; a waiver is available to schools Each year Members of the Association are APSA’s Legislative Studies and Political Or- that are not able to pay the scale amount. ganizations & Parties Sections, as well as to surveyed again to solicit information regard- Several schools received a full or partial ing their availability for and interest in a many other college and university organiza- waiver in 2005–2006. Still, school contribu- tional contacts. Program campus visit. Using responses to tions produced several thousand dollars in these surveys and direct contact with a num- support of the program. Additional funding Campus press and media at host institu- ber of former Members, CDC developed a pool sources will be necessary if the Program is tions are offered access to visiting Members. of just over one hundred available former to continue at current levels. Each host institution is also encouraged to Members, and some forty participated in vis- International Initiative make commercial print and broadcast media its this year. A ‘‘bench’’ of one hundred was interviews a part of each Congress to Cam- Congress to Campus made its first inter- deep enough to fill the openings during the pus visit’s schedule. national visit in October 2003 to the United current academic year, but more will be Kingdom. An earlier Association study tour needed to meet the demands of future aca- Conclusion had laid the groundwork for the visit and demic years. Association Members are en- had established a relationship with Philip Interest in Congress to Campus remains couraged to complete and return the survey John Davies, Director, Eccles Centre for strong in the academic community. Associa- they will receive this summer and then to be American Studies at The British Library and tion Members participating in campus visits ready to accept assignments to one of the the U.S. Embassy’s Cultural Affairs Office. are enthusiastic about the value of the Pro- fine institutions of higher education the pro- The success of that initial visit in 2003 has gram and the rewards it brings to all who are gram will serve next year. led to visits to the United Kingdom in 2004 involved in those visits. The Program could Funding Sources and 2005 with another planned for fall of 2006. be expanded further on domestic and inter- In addition to the generous contribution of This academic year the Program developed national levels if funding uncertainties can money and staff time made each year by the a relationship with the U.S. Embassy in Can- be addressed.

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VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.003 H27APPT1 hmoore on PROD1PC68 with HMHOUSE Insert offset folio 35/10 here EH27AP06.008 April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1869 Mr. SKAGGS. Over the last 4 years, pated and you want an uplifting experi- and the time of the people of our Na- the Congress to Campus Program has ence, go out to the Congress to Campus tion. I am also very pleased that my visited over 120 campuses around the Program and meet with these young former colleague from New York, Matt country and really around the world. people. As an educator for 22 years be- McHugh, is being honored today. Con- As most of the people here in the fore I came here, of course, it just gives gratulations to you, Matt. Thank you Chamber know, this is a program that me a great opportunity to get up in for the time. exists because of the volunteer time front and wax eloquently about every- Mr. SKAGGS. Thank you. that our former Member colleagues are thing that I don’t know anything about Thank you, Mr. Speaker. I yield back willing to donate to the program. A Re- and then respond eloquently. the balance of my time. publican and a Democrat spend a cou- As I tell them every time they ask a Mr. BUECHNER. Thank you, David. ple of days on campuses around the question, I’ll do the same as I always And thank you, George and Bill, for country and just as the association is did in town meetings. No matter what your very astute observations. dedicated to the promotion of democ- the question is that you ask, whatever Mr. Speaker, there are several other racy abroad, this program helps build it was that I wanted to say this night, activities of the U.S. Association of democracy here at home. Its purposes I’m going to say whether it has any Former Members which deserve to be are to educate this generation of col- relevance whatsoever to the question highlighted today. One certainly is our lege students and actually some of you asked. So if you want an uplifting annual Statesmanship Award Dinner. their faculty as well about how our experience, go and serve on the Con- It has been chaired so exceptionally government works and in particular gress to Campus Program. over the last few years by Lou Frey of how this Congress works, and, sec- Mr. SKAGGS. I thank the gentleman Florida. I would like to now yield to ondly, to encourage them to consider for his remarks and for his participa- the gentleman from Florida, Mr. Frey, spending some of their careers in pub- tion. to comment on the dinner that was lic service. I would like to yield to another stal- held this past March. We hope that by having a Republican wart in the program, the gentleman If I may reclaim my time for just a and a Democrat demonstrate that on from New York, Mr. Hochbrueckner. second, we have a visitor here. We have most things there is more agreement Mr. HOCHBRUECKNER. I thank the the chairman of the, we always say, than disagreement for members of the gentleman for yielding the time, and I the powerful Rules Committee, the two major parties that we can also lend my words of support to what the gentleman from California, DAVID communicate some message about how gentleman has just mentioned. The DREIER. we really solve problems in our polit- Congress to Campus Program is a great Would the gentleman like to address ical process. This program is only pos- program because it gets you out there the organization? sible because of the generous donation with real kids, real people; and it is a Mr. DREIER. What do you think? of very precious time on the part of our tremendous outreach program that cer- Mr. BUECHNER. I think you should. colleagues, over 50 of whom partici- tainly should be encouraged. I was very Mr. DREIER. Thank you very much, pated in the program this year. I would fortunate to visit Rhode Island College Jack. Let me begin by extending con- like to call on two of them to give us with Jan Meyers and also Fitsburg, gratulations to our friend Matt, and a little bit of a snapshot of the experi- Massachusetts, their college with Greg you all are obviously absolutely bril- ences they have had both this year and Laughlin. As was pointed out, there are liant in choosing to honor him. As I in the recent past. really two goals of the program. The look around this Chamber, I can’t tell I first would like to yield to the gen- first is to promote careers in govern- you how much I wish many of you were tleman from Pennsylvania, Mr. Good- ment service and secondly to provide back. I can’t tell you which ones ex- ling. an insider view of how does govern- actly, but there are more than a few of Mr. GOODLING. I thank the gen- ment really work. You would be sur- you that I wish were back for many, tleman for yielding. prised at some of the questions that many, many different reasons. First of all I want to thank the Sten- you do get from the kids in terms of I want to thank Jack and Jim and nis Center, Former Members Associa- various things we do, how it works, and David. As I listened to George tion, and David’s leadership in giving what the inside view is. Hochbrueckner and Bill Goodling talk me the opportunity to lift my spirits Of course as you know as former about the Congress to Campus Pro- when I’m depressed after reading head- Members, we will tell most because gram, I couldn’t help but think about lines in the local newspapers and The we’re open. We don’t have an ax to the fact that you all have been so inti- Washington Post and the New York grind. We’re willing to share. I think mately involved and supportive of a Times, you name it, because it is a lift- it’s a very educational program for the program that is taking place today ing experience to go out there and ex- students. By the way, at Rhode Island, right here in the Capitol, and that is change with thousands of students all I was pleased that they actually ex- the development of our House Democ- across this country. I have had the op- panded the program, so not only did we racy Assistance Commission. A year portunity to go to northern Idaho, to speak to the usual political science and ago this month, we unveiled this bipar- northern Florida, to Amherst, U.S. other classes but also they had a forum tisan commission that Speaker Naval Academy and Frostburg State for high school students, and then they HASTERT and Minority Leader PELOSI University. I am sure in most instances took us off to the local media. came together to form, I think it may I have gained more than they have So it is a real good opportunity to have been the last time they met, but gained from my presence, but we give get the message out that people in gov- the fact is they came together to form them the opportunity to dig in deeply ernment are real people who happen to this commission which is designed to as to just how this Congress works. We have fallen into this very important build on the fact that there are so don’t tell them everything, of course, position through various mechanisms. many emerging democracies all over but we are very frank. It is a great ex- We are just ordinary people serving our the world. perience. If you become depressed, as I fellow people and we get there in a va- We right now are hosting delegations said, as I do occasionally and wonder riety of ways. That is the kind of thing from Macedonia, the Republic of Geor- whether there is a future for this coun- I think that gets expressed to the stu- gia, Indonesia and the newest country try, go out and meet with these young dents. on the face of the Earth that was es- people. As was pointed out over the last 4 tablished in 1999, East Timor. The idea The greatest experience, I guess, was years, the program has visited 120 cam- behind this, of course, as so many of to sit in the dining room with 5,000 of puses, and we have addressed over you know, was to create over and the brightest and best young men and 40,000 students, 9,000 alone just in this above the National Endowment for De- women at the Naval Academy and then past year. So it is a great program. If mocracy and the Democratic Institute exchange with them in their class- you have participated already, thank and the Republican institute, it was to rooms. It sent bumps up and down my you very much. I know you appreciate build direct parliament-to-parliament spine just being there. So I would en- it, as Bill does. If you haven’t, please relationships with these new democ- courage you, if you haven’t partici- consider it. It is well worth your time racies.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.007 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1870 CONGRESSIONAL RECORD — HOUSE April 27, 2006 Now, I often quip that after they see tion, which is good. And we have on our as vegetarian leftist. I had never heard us in operation, they may want to go trip to France got to be friends with a that before, but I think what they were back to totalitarianism in their coun- French count whose family goes back trying to say is that she wasn’t too far tries, but frankly many have been able to William the Conqueror. He has a on either side. She appointed 10 women to benefit greatly from having spent chalet over there. He has donated it to of the 20 to her Cabinet and she ap- last week in the States, in congres- the association. Maybe something we pointed 10 of the opposite party to it. I sional districts, in congressional of- should have known in the Congress, or think she has got an incredible chance fices, meeting with chambers of com- learned, we sold it twice for the same to continue to move Chile forward. merce, the media, a wide range of other amount of money. Denis de Kergorlay The only ominous part that we saw groups and this week here in Wash- is the gentleman’s name. He has be- was China. China has signed an agree- ington. At noon today, we are having come one of our biggest supporters of ment to take 70 percent of their copper our farewell gathering for these parlia- the association. We get a nice amount for the next 5 years. Of course that is mentarians and we are also going to be of money for it, and everybody is their biggest export. The other inter- expanding this into a number of other happy. It has been a good dinner, and it esting part is of the profits from cop- countries. I am going to be going to has been really our biggest fund-raiser per, 10 percent by their statute goes di- Kenya and Liberia and Lebanon. Obvi- because our dues don’t amount to all rectly to the military. As you move ously, we are going to focus on Afghan- that much, and we need that money to around Chile, you will see cultural cen- istan and Iraq. help run these various programs we ters that are there now. English is a I simply wanted to come by to ex- have talked about. second language, but now Chinese is a press my appreciation to the many of We talked about the Congress to third language; and I would suggest to you who have gotten involved in this Campus Program. One of the com- you that Chile, this is just the tip of very important issue. Obviously, you plaints that we got early on is, gee, the iceberg with what is going on have the opportunity to take a little this is great, we learn all these things, throughout South America with Chile. more time in working on this. But it is but why don’t you write it down. Why We have written a report about it. If critical for us to do it. don’t you put something down about you want to get a hold of Pete on that, Congratulations. It is great to see all this. It is not in a textbook. So I we can give you a more detailed report you all. Thanks very much for includ- said, okay, we’ll write it down. And we on Chile. ing me. Thanks, Jim. did. With the help of 38 of our members Just a couple of other things. Matt, Mr. SLATTERY. Chairman DREIER, in the House and Senate we wrote a congratulations to you. It is certainly let me just say that we deeply appre- book called Inside the House. Univer- well deserved. We are so pleased that ciate your leadership in this commis- sity Press published it. It is being used your family is here to see you honored sion work, and we commend the work now in a number of schools. I was just as you should be. The other thing I of Speaker HASTERT and Minority told now it is being used in the Ukraine have to say is that, Jack, you have Leader PELOSI, and we know that you as one of the texts over there. Obvi- been through some terrible tough have given invaluable leadership to ously, it has had an impact and thanks times. You have our respect and our this commission. to so many of you who participated. admiration and our affection for what Mr. DREIER. DAVID PRICE is the That’s the good news. The bad news you have gone through and also for the ranking member. He has worked very is that we’re getting complaints that fact that you have continued to give hard. they want something more written. So great leadership to this association Mr. SLATTERY. And Congressman we are attempting to write a second even in the darkest days. Thank you PRICE of North Carolina, we are aware book on the political rules of the road very much, Mr. President, for what you of his participation, also. We look for- and how they apply to life. I have sent, have done. ward to working with you. Use us. I don’t know, a lot of letters and some I yield back the balance of my time. Thank you. of you so many times you’re sick and Mr. BUECHNER. Thank you, Lou, Lou? tired of it, but we have had over 200 and and I thank you for your kind personal Mr. FREY. Thank you, Mr. Speaker. some responses from people. My rules remarks. I have been asked to talk about two or are pretty simple of life and politics. Mr. Speaker, the association has three things briefly. The first is our Number one, don’t get in a fight with a some other wonderful things that we Statesmanship Award Dinner. As you guy who buys ink by the carload and have done. I want to thank Lou for the are aware, when I was chairman, I had the second is, and I have been married work, obviously, that he has done, the an idea about 9 years ago to do it. I’m close to 50 years and this rules applies invaluable leadership. But we would trying to figure out how to get out of in politics and at home, if you’ve got to like to highlight a few of the other ac- running the dinner. But this is the explain, you’re in trouble. Those are tivities. Just so the people up in the ninth one, and it is very successful my two rules of life. gallery understand who we are, we are now. We have institutionalized it We have got some very interesting former Members of Congress. One day a thanks to the hard work of so many ones, and we are trying to put that year, the Speaker is good enough to people. I think we had over 400 people book together which hopefully will add allow this Chamber to be used for us there this year. As you know, we auc- to what we’re doing. It will probably be for our annual report back to the Con- tion off some memorabilia. It’s a fun another year before we get done. It is gress of the things that we have been dinner. It has become a Washington in- not an easy thing to do, the toughest allowed to do in our facility as former stitution, really. being getting help from you all. I am Members. For your memory, our first award re- asking you again, those of you who In October of last year, the associa- cipient was Dan Glickman. We had Lee haven’t, please send in your paragraph tion hosted a fall meeting in Kansas Hamilton, Lynn Martin, Norm Mineta, or page about what your particular City, Missouri. We brought together a Vice President CHENEY, Secretary rules are. number of former Members and their Rumsfeld. Probably the greatest one, The third thing I was asked to talk spouses and spent a long weekend in they are all great, but the World War II about is a trip to Chile that 14 of us my beloved home State. Our main generation one was just incredible. took within, I guess, the last month, focus was to go to the Truman memo- Talk about chills going up and down month and a half. I had been down rial library in Independence. We had you. Bob Dole, Sam Gibbons, John there during the Pinochet days when the great opportunity to listen to Glenn, George McGovern, and Bob people were disappearing and it was former Member of Congress Ken Michel all talked. It was just an incred- really a dicey time and a dicey place. I Hechler of West Virginia who started ible experience. Then we had John hadn’t been there in 25 years. I was his career as an adviser to President Breaux and, of course, just recently shocked. It is the jewel of South Amer- Truman. It was a great but an informal Chris Cox was our honoree. ica. It is free. It has a free press. It has way of connecting with old friends and We have a lot of people helping. For democratic institutions that are in have the association represented in a instance, Dan Glickman still helps there. They have elected a new Presi- place other than Washington. We have with an auction item from his associa- dent who is described by some people had a golf tournament, picnics, a

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.008 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1871 Christmas party for the first time in viding excellent guidance and support served in Congress and who have passed 2005. I guess you have to call it a holi- throughout the year. In addition, we away since our report last year. They day party. The association benefits tre- benefit greatly from the wonderful are: mendously from the efforts and leader- work of our auxiliary, led so ably by Robert Badham of California, ship of many people. Debi Alexander. J. Glenn Beall, Jr. of Maryland, Mr. SLATTERY. Mr. President, Mr. Speaker, to administer all these Albert Henry Bosch of New York, might I interrupt you for just a mo- programs takes a staff of dedicated and Clair Callan of Nebraska, ment? enthusiastic professionals. We ex- Ronald Cameron of California, Mr. BUECHNER. I yield back to the panded our team from three to four Caroll Campbell, Jr. of South Caro- Speaker. full-time employees during 2005, an- lina, Mr. SLATTERY. I would like to just other sign of how active and successful Elford Cederberg of Michigan, acknowledge the presence of the distin- a year it has been for the association: William Dorn of South Carolina, guished minority leader, the gentle- Maya Yamazaki, our program officer; John Erlenborn, past president of woman from California. If Congress- Rebecca Zylberman, who is the mem- this association, of Illinois, woman PELOSI would like to give greet- ber relations manager; Sudha David- J. James Exon of Nebraska, ings, we certainly will welcome that. Wilp, the program director; and Peter Joseph Karth of Minnesota, Congresswoman PELOSI. Weichlein, executive director. Would Hastings Keith of Massachusetts, Ms. PELOSI. Thank you very much. you all stand and have the members Richard Kelly of Florida, So what’s this, a Democrat in the give you a round of applause. John Lesinski of Michigan, Speaker’s chair? This is a very friendly This has been a great 2 years. I have Eugene McCarthy of Minnesota, group. been honored to be in this position as John McFall of California, Good morning to all of you. Jack, the president. You have heard some Donald McGinley of Nebraska, thank you for your leadership and the comments about the loss of my wife Lloyd Meeds of Washington, good work of the Former Members As- who is going to be honored tomorrow John Monagan of Connecticut, sociation. Jim, it is wonderful to see and remembered at the auxiliary Gaylord Nelson of Wisconsin, you there. It is wonderful to see all of luncheon. I am sorry she is not here James Jerrell Pickle of Texas, also you here. today to conclude my term. known as Jake, Thank you for coming. Thank you In addition to all the programs and Bertram Podell of New York, for your ongoing interest. You know projects we reported on today, in addi- Charles Porter of Oregon, that we consider you on both sides of tion to keeping all contact information William Proxmire of Wisconsin, the aisle intellectual resources to us in about former Members of Congress as Edward Roybal of California, the Congress. We also quote you. We current and up to date as possible, in Dan Schaefer of Colorado, build upon your good work. It is just addition to identifying grant-giving in- James Scheuer of New York, really a source of great encouragement stitutions to fund programs such as the Stanley Tupper of Maine, to us that you continue to have the in- study groups, in addition to all that Richard Vander Veen of Michigan. terest to come back to this place. and more, our staff has organized and I ask all of you, including the visi- All of us who have ever served here executed that office move I spoke to. tors in the gallery, to rise for a mo- who have had the privilege of stepping We are now on K Street, but we are not ment of silence as we pay our respect onto this floor and represent the Amer- lobbyists, so that works okay. We are to the memory of these citizens. ican people, what a great privilege. It in a bigger space. Thank you. I yield to the gentleman from Michi- is a banner of honor for life. I come Mr. Speaker, as you know each year gan. here on behalf of the House Democrats the association presents a Distin- Mr. HERTEL. I just want to thank on to bring you greetings, to welcome you guished Service Award to an out- behalf of all the association members standing public servant who is a former here, to thank you for being an ongo- you, Jack, for all the work that you ing source of inspiration to us, and also Member of Congress. The award rotates have done for making this organization between parties, as do our officers. to say that, as I have said before, all of so effective. There is so much that we us who serve here consider ourselves Last year we presented the award to an can talk about that the members have outstanding Republican, former Sen- colleagues of people that we never even volunteered their time internationally ator Dan Coats. This year, we are very served with before because we have all and around this Nation at college cam- pleased to be honoring a remarkable shared this great honor. puses. Every program has increased so Democrat, a remarkable public serv- On their behalf, I am privileged to much, the funding for these programs ant, former Representative Matt say what a privilege it is for us to call has increased, the volunteer support, McHugh of the State of New York. you colleague. I am glad that we are the members’ time, because of you, the Matt McHugh represented the 27th and also joined by our distinguished minor- dedication you have given this associa- 28th Congressional Districts of New ity whip, Democratic whip, I always tion, all the time that you have given York in the United States Congress use the name Democratic, Democratic it, even through these most, most dif- from 1975 to 1992. He served on a wide whip STENY HOYER of Maryland. I see ficult times. I just want to thank you so many friends here again on both on behalf of the association and give range of congressional committees, in- sides of the aisle. I look forward to our heartfelt best to you and your son cluding Appropriations, Intelligence, chatting with you individually but also Charlie. Standards of Official Conduct, Vet- look forward to what comes from your Mr. BUECHNER. I thank the gen- erans’ Affairs, Agriculture and Inte- meeting here. It will be very important tleman. rior. He chaired the Arms Control and to us. Mr. Speaker, we are very pleased to Foreign Policy Caucus and the Demo- Thank you again for being here. have with us today several former leg- cratic Study Group. Mr. SLATTERY. Thank you, Leader islators from our neighbor to the His colleagues dubbed him ‘‘the con- PELOSI. It is great to see you. north, Canada. It gives me great pleas- science of the House.’’ One of his last Mr. BUECHNER. I thank the gentle- ure to welcome Patrick Gagnon, Fred congressional duties was to preside woman for her kind remarks. Mifflin, Barry Turner, and the Rev- over a bipartisan panel set up to inves- I want to thank my fellow officers of erend Canon Derwyn Shea, all former tigate abuses of the House Bank that the association for their energy, dedi- members of the Canadian Parliament. gripped the House in the early 1990s cation and invaluable counsel during Would you four please stand so we can and brought discredit unfortunately my 2 years as president: Jim Slattery, give you a round of applause. We are upon this House. His post-congres- who is in the chair as the Speaker pro honored that you have made the trip to sional career includes serving as vice tem; Jay Rhodes, who spoke earlier; join us today and by doing so reaffirm president at Cornell University and Dennis Hertel and Larry LaRocco, who the great relationship that our organi- being counsel to the president of the is the president emeritus. Let me also zations have. World Bank. If you ask him his most thank the members of our board of di- Mr. Speaker, it is now my sad duty to challenging, yet gratifying, experience rectors and our counselors for pro- inform the House of those people who after leaving Congress, I am sure he

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.009 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1872 CONGRESSIONAL RECORD — HOUSE April 27, 2006 will tell you it is the 2 years he was brings us together for a variety of rea- Mr. BUECHNER. At this time, Mr. president of the Association of Former sons. We get to see old friends. We re- Speaker, I would like to yield back to Members of Congress. flect upon some of the experiences we the Chair for some closing remarks. Matt McHugh personifies what a shared together here. We learn some- Mr. SLATTERY. Thank you, Mr. Member of Congress ought to be be- thing new about what is happening in President. First of all, let the Chair cause of his integrity, his willingness the world today. But most importantly again congratulate Matt McHugh. It is to work with Members from both sides the programs of the association give us great to see Alanna here today and the of the aisle for the good of the country, a chance to continue to serve in some McHugh family. We welcome you. and because of his dedication to the small measure the institution that we Matt, let me just say that I don’t think ideals of deliberative representation. I do love and that is so important to the anyone who I had the honor of serving would like Matt to come forward here. lifeblood of this country, the Congress. with brought greater credit to this in- This plaque that we are going to We are able in some small measure to stitution than you. I always viewed present to Matt is inscribed as follows: increase public awareness of how im- you as someone, and I am sure this The 2006 Distinguished Service Award portant Congress remains to the coun- view was shared by your colleagues on is presented by the U.S. Association of try. We have heard many of the pro- both sides of the political aisle, as Former Members of Congress to the grams described this morning, some of someone who went to work every day Honorable Matthew F. McHugh for his which serve that purpose very well but here trying to not only make the deci- long and illustrious career in the House none more important, I think, than the sions that you thought were best for of Representatives, and for his laudable Congress to Campus Program. I know the people of New York and the people efforts as counsel to the president of many of you have participated in those of this country. That sense of duty and the World Bank. During his entire ca- campus visits that have been already commitment to our country was deeply reer in public service, Matt McHugh described. Bill Goodling and I went to- admired by all of us who had an oppor- exemplified the highest standard of in- gether recently to Amherst College, tunity to serve with you. To sum up, I tegrity, dignity, and intellect. He in- and as always we were really touched would just say that you are a public spired those serving with him and left by how impressive the young genera- servant in the finest sense of the word. a legacy for those serving after him. tion is, idealistic, bright. We are honored to know you. We are His beloved State of New York sent to But at the same time given the kind honored to recognize you here today. Congress one of the best and brightest of coverage that government and poli- Matt McHugh, good luck to you. ever to walk these hallowed Halls of tics gets today and the other distrac- Before we wrap up today, I would the Capitol and his former colleagues tions and pressures young people have also like to again associate myself with applaud and salute him for his distin- in their lives, there is a real risk that the remarks of others made here today guished and dignified service. many of them will not really take a about Jack Buechner and his dedicated Mr. MCHUGH. Thank you very much. real serious interest in public service. service to this association. Jack, with- Thank you, Jack, for your very gra- Of course, that would be a great trag- out your leadership over the last 2 cious remarks and for this recognition. edy for the country because clearly the years and your dedication to the objec- Thanks to all of you for being here future of the country rests with them. tives of this association, we would not this morning. We want to thank you, It rests with young people like my own have seen the progress that we have Jack, and the officers and staff for the granddaughter who is here today who seen with the Congress to Campus Pro- great work that you do in leading the is going off to college in the fall. And gram. We would not have seen the association and in making those pro- so the Congress to Campus Program progress that we have also seen with grams that we heard about this morn- gives us a chance to reach out to those our efforts in the global democracy ing work so well. On a personal note, I young people to explain why public building work and the election-moni- also want to say on behalf of my wife, service is important and rewarding, to toring efforts around the world. We Alanna, and myself how much we ad- demonstrate among other things that recognize you for your dedicated lead- mire you and, as the Speaker said, our Republicans and Democrats who serve ership through a most difficult and thoughts and prayers are with you and together can actually talk and discuss painful personal ordeal and time in Charlie during these very tough times. your life. We have the deepest respect I also want to express appreciation to issues thoughtfully and constructively, and to encourage them to really engage for you. We thank you from the bottom my wife and my family, some of whom of our hearts for all you have done to are here in the gallery this morning. in public service and community serv- ice when their school days are over. advance the goals of the Association of As we all know, politics is an exhila- Former Members of Congress. Jack, rating, serious profession with a lot of I think we can be grateful to our as- sociation for giving us that oppor- good luck to you, my friend. We look rewards and satisfactions along the forward to your further participation way. But most of those rewards go to tunity, not only in the Congress to Campus Program but in many other in the work of the association. Jack the candidate and the officeholder and Buechner, let’s give him another round precious few go to the spouse and the ways as well. I know that we are very limited on time. We are almost ready of applause. family. They make enormous contribu- The Chair again wishes to thank all tions, but they are very seldom recog- to abandon the Chamber, so I would like to close simply by thanking all of of those former Members that are here nized. So today is a day to say thank today and give you all another oppor- you to Alanna and to my family for you for your work with the association, for your continuing service to the Con- tunity to record your presence if you their patience and understanding and did not do that at the beginning of the support at all times in my life, but es- gress and the country, for the recogni- tion that you have given me today, and events here today. The Chair also wish- pecially during those very hectic polit- es to thank all the former Members of ical years that we are all so familiar for being with us to share this very special moment. the House for their presence. with. I am advised that the House will re- As I said, I am grateful for this rec- Thank you so much. convene 15 minutes after the bells ring. ognition, but I am very much aware Mr. BUECHNER. Matt, we also are Accordingly (at 10 o’clock and 27 that the honor could as easily go to presenting you with a scrapbook filled minutes a.m.), the House continued in anybody sitting here. As I look around with letters of congratulations and lit- recess. the Chamber, I see so many people who tle notes and memorabilia from your have contributed so much to our coun- good friends from across the years that f try and to the Congress. One of the you have served with in this Congress, b 1055 great things about our association is just another additional measure of our that it gives us an opportunity to con- respect for you and the compassion AFTER RECESS tinue to serve an institution that we that you have always held for the peo- The recess having expired, the House love. I see so many of you who have ple of the great country and your dis- was called to order by the Speaker pro done that, during your years here and trict. tempore (Mr. THORNBERRY) at 10 afterwards as well. The association Mr. MCHUGH. Thanks so much, Jack. o’clock and 55 minutes a.m.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.011 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1873 ANNOUNCEMENT BY THE SPEAKER SIMPLE QUESTION taxpayer be given full value for the bil- PRO TEMPORE (Ms. FOXX asked and was given per- lions of dollars of oil and gas taken The SPEAKER pro tempore. The mission to address the House for 1 from public lands. Chair will entertain up to five 1-minute minute and to revise and extend her re- f speeches per side. marks.) b 1100 f Ms. FOXX. Mr. Speaker, along with the rising gas prices over the last few LONE STAR VOICE: BILLY MINX RAILROAD TO NOWHERE weeks, we have also seen the rise of (Mr. POE asked and was given per- (Mr. PITTS asked and was given per- Democratic demagoguery. For the mo- mission to address the House for 1 mission to address the House for 1 ment, though, I would like the Demo- minute.) minute and to revise and extend his re- crats to put aside this demagoguery Mr. POE. Mr. Speaker, another Lone marks.) and answer a simple question: What Star voice from my district. Billy Minx Mr. PITTS. Mr. Speaker, the Presi- have you done to help lower gas prices? in Channelview, Texas, e-mailed me on dent this week threatened to veto the I know that House Republicans have Tuesday. This is what he had to say emergency supplemental spending bill been working hard to lower the cost of about those illegally in America: currently under consideration in the gasoline over the mid- and long term. ‘‘In the recent immigration protests; Senate, and rightfully so. We have passed the Gasoline for Amer- the first protests showed the true in- Members of the other body have been ica’s Security Act which increases U.S. tent of the mass of these illegal immi- busy adding billions of dollars in non- fuel supply by encouraging new refin- grants. The overwhelming majority of emergency pork to this emergency eries, bans price gouging, promotes the flags were Mexican flags. These spending bill, and the price tag is sim- conservation. people are loyal to Mexico. I have a ply unjustifiable. House Republicans have also passed neighbor down the street who is a natu- One particularly egregious earmark the Energy Policy Act which allows ralized U.S. citizen from Mexico, and seeks $700 million in Federal funds to new domestic oil and gas exploration he flat out told me if the U.S. and Mex- move a railroad track that has just and development, increases conserva- ico were at war with each other, he been repaired at the cost of $250 mil- tion, and embraces new fuel choices. would fight for Mexico. lion. Supporters of the project say the That is what the Republicans have ‘‘We may be a Nation of immigrants, rail line needs to be moved because it done. The Democrats, on the other but the majority of Americans were is vulnerable to hurricane damage. Yet hand, have opposed building new refin- born here and their parents were born the proposed new location is just a eries, have opposed drilling in ANWR here. My great, great, great, great, short distance inland and was greatly and, in fact, voted against both of great Grandfather John C. Hale was damaged by Katrina last year. these bills. killed at the Battle of San Jacinto in The real reason supporters want this Mr. Speaker, Republicans have 1836 defeating Santa Anna and Mexico newly repaired rail line moved is to worked hard to address America’s en- (and thus making Texas an inde- make room for a casino gambling de- ergy needs. And the Democrats? Well, I pendent country). He is one of nine velopment along the gulf coast. think we have our answer. They have Texans buried there on the battlefield. Mr. Speaker, relocating a newly up- not done much. ‘‘Now my elected officials want to dated rail line to an equally vulnerable f simply hand Texas back to Mexico. It’s area simply to make room for casino a traitorous act what is about to hap- gambling is not an emergency. The ENERGY POLICY pen in this Congress. I pray you will taxpayer should not have to pick up (Mr. BLUMENAUER asked and was not be an accomplice.’’ the tab for this railroad to nowhere. given permission to address the House Mr. Speaker, Congress has an obliga- I urge the President to stand by his for 1 minute.) tion to prevent the illegal colonization veto threat unless pork like this is re- Mr. BLUMENAUER. Mr. Speaker, of this Nation. moved from the bill. there is no small amount of irony that And that’s just the way it is. f Republicans are now rushing to inves- f tigate high gas prices and professing REPUBLICAN NOTE TO LOBBYISTS themselves to be on the side of the con- BUSH RX DRUG TAX: EIGHTEEN (Mr. EMANUEL asked and was given sumer. DAYS UNTIL TAX TAKES EFFECT permission to address the House for 1 What is important is not what they (Mr. GENE GREEN of Texas asked minute.) have said in the last couple of days, but and was given permission to address Mr. EMANUEL. Mr. Speaker, inves- what they have done for the entire the House for 1 minute and to revise tigators have recently uncovered a let- time they have been in power here in and extend his remarks.) ter from the Republican leadership to Washington, D.C. It is outrageous that Mr. GENE GREEN of Texas. Mr. special interest lobbyists. the same people who are now decrying Speaker, if House Republicans really Dear Lobbyists, high gas prices were lavishing billions want to help America’s seniors, they How do I love thee? of dollars in subsidies on the same oil would join us in reversing a proposal in Let me count the ways. industry a few months ago, despite al- the Republican prescription drug plan I love thee to the depth of thy oil ready bloated profits. that would penalize any senior who wells, for thou shall have $14.5 billion In the 1990s the Republicans even chooses a private drug plan after May to drill them. passed legislation that forbade the De- 15. I love thee to the heights of thy drug partment of Transportation to even As this calendar shows, we have 18 profits, study higher fuel efficiency, something days left. If House Republicans do not For the Medicare bill gives you $139 that would significantly reduce de- support our efforts to extend the dead- billion in profits. mand today. line until the end of the year, millions I love thee for thy golf courses, pri- And they have expressed no outrage of seniors will face a prescription drug vate jets and retirement jobs. that the American taxpayer is being tax that they must pay every month I love thee for thy donations, liba- cheated out of fair payment for the oil for the rest of their lives. tions and vacations. and gas that is being taken from public Over 14 million seniors still have not For now we must part, and I call it lands by these same large companies. chosen a plan. Some are frustrated, reform. There are real solutions. Invest in confused by dozens of plans they have But remember, in December, once we conservation, the only way to reduce to choose from. Others have heard the get past November, immediate dependence on expensive horror stories of seniors not having ac- The travel ban expires, and I’ll meet foreign oil now. Shift the billions of cess to drugs they were promised or you at the tees. dollars in oil and gas companies to re- seniors being overcharged for some of Yours forever, cause I can’t quit you, newable and alternative energy their medication. Some of these sen- The Republican Congress. sources, and insist that the American iors will eventually want to choose a

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.013 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1874 CONGRESSIONAL RECORD — HOUSE April 27, 2006 plan, but they should not be forced into who have the greatest influence over PROVIDING FOR CONSIDERATION making that tough decision by May 15. children: their parents. The bill pro- OF H.R. 4975, LOBBYING AC- It is time House Republicans stand vides grants to combat underage drink- COUNTABILITY AND TRANS- up and support America’s seniors. Re- ing in our communities and establishes PARENCY ACT OF 2006 ject the President’s prescription drug a report card to track States’ efforts. Mr. DREIER. Mr. Speaker, by direc- tax. And as we mark off another day on I encourage my colleagues to help tion of the Committee on Rules, I call the calendar, Republicans only have 18 stop underage drinking by sponsoring up House Resolution 783 and ask for its days to make the right decision. the STOP Act and passing it into law. immediate consideration. f The Clerk read the resolution, as fol- f ASK THE LIBERALS WHY WE ARE lows: H. RES. 783 PAYING HIGHER PRICES AT THE ENFORCE OUR IMMIGRATION PUMP Resolved, That at any time after the adop- LAWS tion of this resolution the Speaker may, pur- (Mrs. BLACKBURN asked and was (Mr. KELLER asked and was given suant to clause 2(b) of rule XVIII, declare the given permission to address the House House resolved into the Committee of the permission to address the House for 1 for 1 minute and to revise and extend Whole House on the state of the Union for minute.) her remarks.) consideration of the bill (H.R. 4975) to pro- Mr. KELLER. Mr. Speaker, I rise Mrs. BLACKBURN. Mr. Speaker, our vide greater transparency with respect to today to urge our government to start lobbying activities, and for other purposes. constituents are asking exactly the enforcing our immigration laws deal- The first reading of the bill shall be dis- right question: Why are gas prices so ing with alien smuggling. pensed with. All points of order against con- high? It is a felony, punishable by a min- sideration of the bill are waived. General de- Well, I will tell you. There are liberal imum of 3 years in prison, to bring an bate shall be confined to the bill and shall Members of this body for the past three not exceed one hour equally divided and con- alien into the United States for finan- decades that have voted to prevent do- trolled by the Majority Leader and the Mi- cial gain. These alien smugglers, also mestic exploration for oil. They have nority Leader or their designees. After gen- called ‘‘coyotes,’’ get approximately also worked to make it virtually im- eral debate the bill shall be considered for $1,500 per illegal immigrant smuggled amendment under the five-minute rule. In possible to build new refineries, and into the U.S. lieu of the amendments recommended by the they have succeeded. We have not built On my recent trip to the Mexico bor- Committees on the Judiciary, Rules, and a new refinery in this country since der, Border Patrol agents in California Government Reform now printed in the bill, 1976. the amendment in the nature of a substitute told me they have arrested the same This week we have watched the consisting of the text of the Rules Com- coyotes 20 times, but they are not pros- Democrats stand around wringing their mittee Print dated April 21, 2006, modified by ecuted. The pathetic failure of the U.S. hands about high gas prices and blam- the amendment printed in part A of the re- attorney in San Diego to prosecute port of the Committee on Rules accom- ing every Republican in sight. But this alien smugglers who have been arrested panying this resolution, shall be considered is not a partisan issue, it is an Amer- 20 times is a demoralizing slap in the as adopted in the House and the Committee ican issue, and people need to know the face to Border Patrol agents who risk of the Whole. The bill, as amended, shall be truth is in the voting. their lives every day. This U.S. attor- considered as the original bill for the pur- Last year we passed the GAS Act pose of further amendment and shall be con- ney has, however, recently prosecuted with not a single Democratic vote in sidered as read. Notwithstanding clause 11 of someone for selling a Mark McGwire the House. Not one. That bill would rule XVIII, no further amendment to the baseball card with a forged signature. have streamlined the overly burden- bill, as amended, shall be in order except Here is a tip: Stop worrying about those printed in part B of the report of the some permitting and regulatory work baseball cards and start worrying Committee on Rules. Each further amend- that goes into getting a refinery. It about our national security and enforc- ment may be offered only in the order print- would have made price gouging a Fed- ing our immigration laws. ed in the report, may be offered only by a eral crime. The bill got no liberal sup- Member designated in the report, shall be port here in the House. Now it is in the considered as read, shall be debatable for the f Senate. time specified in the report equally divided Americans have only to ask the lib- and controlled by the proponent and an op- PRICE GOUGING erals why they are paying so much at ponent, shall not be subject to amendment, the pump. (Mr. LYNCH asked and was given and shall not be subject to a demand for divi- permission to address the House for 1 sion of the question in the House or in the f Committee of the Whole. All points of order minute.) UNDERAGE DRINKING against such further amendments are Mr. LYNCH. Mr. Speaker, today waived. At the conclusion of consideration of (Ms. ROYBAL-ALLARD asked and around the country we see rising prices the bill for amendment the Committee shall was given permission to address the for American consumers at the pump rise and report the bill, as amended, to the House for 1 minute and to revise and and for heating costs at home. As the House with such further amendments as may extend her remarks.) price of gas has doubled, profits for Big have been adopted. The previous question Ms. ROYBAL-ALLARD. Mr. Speaker, Oil and gas companies have tripled, and shall be considered as ordered on the bill and April is Alcohol Awareness Month. while at the same time American fami- amendments thereto to final passage with- out intervening motion except one motion to Therefore, I want to highlight the cri- lies’ incomes have remained stagnant. recommit with or without instructions. sis of underage drinking in this coun- Instead of additional handouts to big SEC. 2. In the engrossment of H.R. 4975, the try. oil companies, we need to take steps to Clerk shall— Every month 11 million youth be- keep gas prices down. Simply put, we (1) add the text of H.R. 513, as passed by tween the ages of 12 and 20 drink alco- need to crack down on price gouging. the House, as new matter at the end of H.R. hol. Each day over 5,000 kids under the The Democrats have a good idea on 4975; (2) conform the title of H.R. 4975 to reflect age of 16 take their first drink. Re- this one. Congressman STUPAK from Michigan has an anti-price-gouging bill the addition of the text of H.R. 513 to the en- search has shown that these kids are grossment; significantly more likely than those that will not only address the issue of (3) assign appropriate designations to pro- who do not drink to become alcoholics, price gouging, but will also give Fed- visions within the engrossment; and use marijuana, and try cocaine. eral agencies the authority to pros- (4) conform provisions for short titles with- Alcohol is also known to impact ado- ecute oil companies engaged in such in the engrossment. lescent brain development and increase practices involving gasoline, home SEC. 3. After passage of H.R. 4975, it shall risk-taking behavior that results in at heating oil, and natural gas. be in order to take from the Speaker’s table least nine teenage deaths a day. That is why I urge the Republican S. 2349 and to consider the Senate bill in the House. All points of order against consider- To address this crisis, I sponsored the leadership to do the right thing. Bring ation of the Senate bill are waived. It shall STOP Act, which makes permanent the this legislation to the floor. The Amer- be in order to move to strike all after the en- national antiunderage drinking media ican people cannot afford to wait any acting clause of the Senate bill and to insert campaign, which is directed at those longer, and this Congress needs to act. in lieu thereof the provisions of H.R. 4975 (as

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.015 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1875 engrossed pursuant to section 2 of this reso- of 2006. This legislation aims to uphold H.R. 4975 enhances disclosure with re- lution). All points of order against that mo- the highest standards of integrity when gard to Members who seek jobs in the tion are waived. If the motion is adopted and it comes to Congress’s interaction with private sector. The bill requires more the Senate bill, as amended, is passed, then outside groups. This legislation focuses it shall be in order to move that the House transparency during employment com- insist on its amendment to the Senate bill on transparency and accountability. pensation negotiations to avoid the and request a conference with the Senate b 1115 perception and possibility of unethical thereon. behavior. It makes it harder to abuse the rules This legislation takes a tough line on The SPEAKER pro tempore. The gen- and easier to enforce them. It focuses, tleman from California (Mr. DREIER) is privately funded travel by banning it Mr. Speaker, on bright lines of right for the remainder of the 109th Con- recognized for 1 hour. and wrong and tough consequences for Mr. DREIER. Mr. Speaker, for the gress. Many privately funded trips are crossing those lines. serious, educational, and valuable. purpose of debate only, I yield the cus- With every single provision, we are Some are not. We need to arrive at re- tomary 30 minutes to the gentlewoman erring on the side of integrity. We are form that allows Members to get out from New York (Ms. SLAUGHTER), pend- focusing on the need for the highest from under the Capitol dome, while at ing which I yield myself such time as I level of integrity. And with every sin- the same time draw the line on trivial may consume. During consideration of gle provision, we take an approach of junkets. this resolution, all time yielded is for the more information the better. the purpose of debate only. Specifically, lobbyists will be re- There are strong opinions on this Mr. Speaker, as we all know very quired to file their disclosure forms provision. Many Democrats, including well, a few recent disgraceful scandals more often, with more detail and on- those with whom I serve on the Rules involving members of both political line. Committee, do not want a travel ban. parties have cast a pall over the Amer- This bill fulfills the public’s right to But there is widespread agreement that ican people’s faith in their Congress. know who is seeking to influence Con- the current system is ripe for abuse The actions of a few have undermined gress. Putting lobbyist disclosure re- and needs to be tightened. In fact, our effectiveness and shaken the trust ports on the Internet will empower vot- there is a strong bipartisan amendment of our constituents. ers and improve oversight much more to address this issue, and again we will Bold, responsible, commonsense re- effectively than adding pages to the al- have a very rigorous debate and a num- form of our current lobbying and ethics ready thick book of rules. Unlike ber of amendments that will be consid- laws is clearly needed. We owe it to our today, when lobbyist reports are hard ered that will address concerns like the constituents. We owe it to ourselves. to find and hard to follow, this bill will issue of travel. We owe it to this institution. This is make the information easy to access, Another important piece of this re- not a partisan issue. Let me say once easy to search and easy to sort on the form package concerns pensions of again, Mr. Speaker, this is not a par- Web. former Members convicted of specific tisan issue. It is an issue that goes to We have also added tough con- crimes committed while serving in the integrity of the United States Con- sequences for not playing by the rules. Congress. gress, and every single Member has a The penalties for lobbyists who fail to Mr. Speaker, under this bill, if Mem- stake in it. disclose have been doubled from $50,000 bers commit crimes, such as bribery or When Speaker HASTERT and I kicked to $100,000, and a criminal penalty pro- fraud, they lose the government’s con- off the effort for lobbying and ethics vision has been added. Knowingly and tributions to their congressional pen- reforms in January, we promised an ex- willfully failing to comply with the sion. Taxpayers should not be forced to haustive and bipartisan process. Mr. provisions of the act could result in up subsidize the retirement of former Speaker, that is exactly what has hap- to 3 years in prison. Members who are convicted of crimes. pened. Members were asked for their And because these reports are only Finally, because one of the primary suggestions. All ideas were thrown on meaningful if they contain accurate in- aims of this legislation is to increase the table. And, Mr. Speaker, every idea formation, we have increased over- accountability, we have greatly en- was considered. In fact, we had hoped sight. The House Inspector General will hanced ethics training for staff and to have this bill on the floor earlier, perform random audits of reports and Members. Our aim is for everyone to but we were determined not to short- is empowered to refer violations by lob- know and understand the rules and the circuit debate and this process. We byists to the Department of Justice for guidelines. Member and staff famili- wanted every idea and every provision prosecution. arity with ethics requirements will go to be fully and carefully deliberated. H.R. 4975 also reforms the earmark a long way toward making sure rules At the Rules Committee we con- process by building on the procedural are not broken in the first place. ducted three original jurisdiction hear- reforms being implemented by the Ap- Mr. Speaker, this legislation is the ings. We heard from 12 outside expert propriations Committee, reforms, Mr. product of intensive study and delib- witnesses, and we took testimony from Speaker, that under the leadership of eration. It is bold; it covers a lot of many Members. The bill moved Chairman JERRY LEWIS have seen a re- ground; and it restores balance to a through regular order, and five dif- duction of earmarks by 37 percent. system that has and was being abused. ferent committees held markups. As it stands now, earmarks can be We have done all of this while mak- Mr. Speaker, this entire process has added to bills anonymously and with- ing sure that we protect the first been thorough, deliberate, and bipar- out debate. This fuels public mistrust amendment right of every American to tisan. It has included a tremendous and encourages inflated spending in petition their government. Input from amount of input from Members on both Congress. This bill requires sponsors of constituents and advocates is essential sides of the aisle, from our constitu- earmarks to be listed in appropriations for effective governing, and I am con- ents, and from experts on this institu- bills. It also allows a point of order to fident that as we seek to level the play- tion and from a number of outside or- be brought against appropriation bills ing field and facilitate open govern- ganizations. We have followed a legis- and conference reports that do not in- ment, we have not undermined the con- lative path that is fitting for our goal clude a list of earmarks and their spon- stitutionally protected right for the of enhancing the integrity of this great sors. Mr. Speaker, if a Member feels public to interact with their elected institution. And, Mr. Speaker, I want strongly enough about a proposed ear- leaders. to express my appreciation to my mark, they need to be willing to attach Mr. Speaker, as with all legislation Democratic colleagues and to my Re- their name to it. that reaches the floor, compromises publican colleagues for their involve- I have to say, Mr. Speaker, that I feel have been made along the way that re- ment and their input that they have very strongly about this, and I will not flect the will of both Democrats and had in this process. be supportive of a conference report Republicans. Every attempt to address Today we will consider the result of that comes back on this issue that does Members’ concerns has been made over this nearly 4-month-long, bipartisan not include broad earmark reform, in- the past 4 months. I should also note reform effort, H.R. 4975, the Lobbying cluding not only appropriations, but that this rule will provide the oppor- Accountability and Transparency Act the authorizing process as well. tunity for, as I said, further debate on

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.005 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1876 CONGRESSIONAL RECORD — HOUSE April 27, 2006 amendments that deal with some of the tion is a sham. It won’t do anything to of significant amendments, including larger issues that have been brought reduce influence peddling in Wash- 20 of the 21 amendments submitted by forward. ington or to purge this body of the cor- Democrats. They wouldn’t allow our Now, despite this outreach and at- ruption that has infected it so deeply. tougher substitute on the bill to even tempt to find consensus, I am fully I know we are going to hear much be considered, which means, frankly, aware that some misgivings about spe- more on this later, but what I really that half of the country is cific provisions remain. I would simply want my fellow Americans to focus on disenfranchised in this debate today ask each Member to look at the bill as right now is something just as telling and we are only able to debate this hol- a whole and answer these questions: as the contents of this bill, and that is low sham of a reform bill. Does this bill increase transparency? the process by which it was created. So I ask my friends in the majority, Does it increase accountability? Does As I and my Democratic colleagues what kind of reform is that? What con- it put more information in the hands of have said again and again throughout clusions are you asking the American the American people? Does it protect the entire Congress, a corrupt legisla- people to draw from this kind of behav- the first amendment right of citizens tive process produces corrupt legisla- ior? When you don’t even allow the to petition their government? And does tion. If bills are written and changed body to consider and debate alternative it strengthen the integrity of the behind closed doors, then there will be approaches to reforming Congress, United States Congress? no way to know what is hidden in what are you hiding from? When you I am absolutely convinced that the them. If amendments to bills are re- subvert our democratic process and at answer to every single one of those jected, not because of their contents, the same time pretend to be the party questions is an overwhelming ‘‘yes.’’ but because of the party they come of reform, how can you possibly expect This bill is a vast improvement over from, then democracy will have been us to trust you any longer? When your the status quo. denied. leadership doesn’t even have faith in Mr. Speaker, today, Members of the If the Members of the body are com- the legislative process, how can the House can show that our desires for mitted to undermining the two-cen- American people have faith in them? meaningful reform and for upholding turies-old rules of the House, they are Lobbyists are not the reason our Con- the integrity of Congress are stronger also intent on undermining the will gress no longer works for working than partisan divisions and political and the needs of the citizens of this Americans. Congress is the problem. calculations. We have the opportunity country. And so it has been with this No lobbyist can get into the room un- and we have the duty to turn our rule, and with this bill. less a Member allows it. voices for reform into votes for reform. When the bill faced an original juris- I urge my colleagues to vote for an We heard so much in January about diction markup on April 5, Democrats reform that was coming. But here we ethical and effective Congress that is presented numerous amendments to it worthy of the public trust. I urge sup- are, 4 months later, doing exactly the in an attempt to actually give it some port for the rule and the underlying same thing and producing exactly the substance, and all of these amendments legislation. same result: bad bills passed through a Mr. Speaker, I reserve the balance of were defeated on a party-line vote. broken House; bills just like this one, During its markup, the Judiciary my time. that have a catchy name but don’t de- Ms. SLAUGHTER. Mr. Speaker, I Committee was the only body that liver what they promise; bills that yield myself such time as I may con- adopted any bipartisan amendments on aren’t written for the people of the Na- sume. this legislation. Democrats success- tion, but rather for special interests. Mr. Speaker, after an interminable fully introduced amendments in the No wonder the American people are era of scandal, this Congress was given Judiciary Committee requiring lobby- so angry. Their congressional leader- the greatest opportunity in a genera- ists to disclose more of their activities, ship is so clearly out of touch. Every tion to change the way business is done such as fund-raisers for candidates and member of the majority should be in Washington. We were given a chance parties that they fund honoring Mem- ashamed of this bill today. At least to truly make a difference and to do bers of Congress. then you will have something in com- something lasting. We were given the But the bill we thought we had when mon with the American people that chance to help the citizens of this Na- we left for recess 2 weeks ago is not the you profess to serve. tion believe in their government once one we saw when we came back. Most Mr. Speaker, I reserve the balance of again. of the amendments accepted by the Ju- my time. But that chance has been squandered, diciary Committee had mysteriously Mr. DREIER. Mr. Speaker, I am because this Congress has failed. And disappeared while we were away. The happy to yield 2 minutes to my col- in so doing, the hypocrisy and cynicism one that survived was done away with league, the gentleman from California displayed today by the majority of the last night, a self-executing rule. The (Mr. ROYCE). House will be neither missed nor for- majority decided to do this on their Mr. ROYCE. Mr. Speaker, I thank the gotten by the American people. own, without telling anyone and while gentleman for yielding. We have before us the Lobbying Ac- nobody was looking. It was an indefen- Mr. Speaker, I rise in support of the countability and Transparency Act of sible abuse of power. rule. This legislation, while not per- 2006. It is supposed to be a reform bill. My Democrat colleagues and I also fect, is a step in the right direction. But you can’t be bold enough to reform offered a substitute to this bill that ad- What it does is begin to draw brighter if you don’t muster the courage to ad- dressed the many errors it is silent on. lines for Members and for staff and for dress the problems. Among its many components, our leg- lobbyists and the public. It increases The corruption of this Republican-led islation would establish a new Office of oversight, and it increases account- Congress is beyond debate. The Amer- Public Integrity to audit and to inves- ability. ican people don’t trust it anymore. tigate compliance with lobbying disclo- The bill also addresses earmarks. Too Fewer than 30 percent approve the job sure rules, because it doesn’t matter if often earmarks are placed in legisla- it is doing. The only remaining ques- you have transparency if no one is en- tion at the behest of lobbyists, many tion was how the members of the lead- forcing the rules and making sure that times at the last minute to avoid scru- ership were going to respond, how com- they comply. tiny. This bill would require that lists mitted were they going to be to re- It would have prevented special in- of earmarks in legislation be made forming their bankrupt philosophy of terest provisions from being added into public before votes on bills or con- government? bills in the dead of night by requiring ference reports, and that any Member This rule and this bill give us the all- all legislation to be made public 24 could bring a point of order against the too predictable answer to this burning hours before it is voted on. list of earmarks and subject it to a 30- question: This leadership doesn’t want Last night in the Rules Committee, minute debate. reform, and they just aren’t going to my Republican friends had one last allow it. chance to open up the process and b 1130 As virtually every outside observer allow some real debate on the bill. But Reform would be meaningless with- has noted in recent days, this legisla- in typical fashion, they blocked a host out changes in the way earmarks are

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.018 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1877 handled. We need fiscal restraint. We makers. It gets to a legislative process VACATING ORDERING OF YEAS need common sense when it comes to that has lost the transparency, ac- AND NAYS ON H. CON. RES. 357 the budget. countability and deliberation that are AND H. CON. RES. 349 The future of all Americans depends at the core of the American system. Mr. DREIER. Mr. Speaker, I ask on an economy free of crippling defi- The failure to abide by basic rules unanimous consent that the ordering cits, free of crippling tax hikes, and and norms has contributed, I believe, of the yeas and nays be vacated with free of a skyrocketing national debt. to a loss of sensitivity among many respect to the motion to suspend the The extent of which earmarks unneces- Members and leaders about what is and rules and adopt H. Con. Res. 357, and sarily burden the American taxpayers what is not appropriate. Three-hour the motion to suspend the rules and is unprecedented. Last year’s earmarks votes, 1,000-page-plus bills sprung on adopt H. Con. Res. 349, to the end that amounted to nearly $100 for every man, the floor with no notice, conference re- the Chair put the question de novo on woman and child in America. ports changed in the dead of night, self- each. While lobbying reform is necessary to executing rules that suppress debate The SPEAKER pro tempore. Is there preserve the integrity of our govern- along with an explosion of closed rules objection to the request of the gen- ment, earmark reform is vital to our are just a few of the practices that tleman from California? long-term fiscal well-being. Bringing have become common and are a distor- There was no objection. earmarks to the light of day will pro- tion of regular order, and yet this bill mote fiscal responsibility, and it is does not even address any of those f going to promote more effective gov- issues. SUPPORTING THE GOALS AND ernment as well. I would say to my colleagues on the IDEALS OF NATIONAL CYSTIC FI- So, Mr. Speaker, I rise in support of other side of the aisle, if you want to BROSIS AWARENESS MONTH the rule for lobbying reform. show some bipartisanship, if you want The SPEAKER pro tempore. The Ms. SLAUGHTER. Mr. Speaker, I to promote a process that has some in- question is on the motion offered by yield 3 minutes to the gentleman from tegrity, this should be an open rule. All the gentleman from Florida (Mr. Massachusetts (Mr. MCGOVERN). Members should have an opportunity STEARNS) that the House suspend the Mr. MCGOVERN. Mr. Speaker, this is to come here and offer amendments to rules and agree to the concurrent reso- a sad day for the United States House this bill to improve the quality of de- lution, H. Con. Res. 357. of Representatives. This rule, quite liberations on this House floor. They The question was taken; and (two- frankly, is an insult to every single should be able to come and to offer thirds having voted in favor thereof) Member of this body. This rule should amendments to clean this place up. the rules were suspended and the con- be open, and instead this rule is typi- This rule is an outrage. Of all of the current resolution was agreed to. cally restrictive. This rule should be bills that we have considered here, if A motion to reconsider was laid on defeated. any one of them deserves an open rule, the table. The underlying bill, contrary to what it is this. This is about the rules that f you have heard here today, is not a re- govern this House. Vote ‘‘no’’ on this flection of bipartisan deliberation, be- rule. AUTHORIZING USE OF CAPITOL cause the truth is that deliberation is Mr. DREIER. Mr. Speaker, I with- GROUNDS FOR THE GREATER all but dead in this House. What every- draw the pending resolution. WASHINGTON SOAP BOX DERBY one knows, and this leadership does not The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The want to acknowledge, is that there is a BONNER). The resolution is withdrawn. question is on the motion offered by direct connection between the corrup- the gentleman from Pennsylvania (Mr. tion that has become so commonplace f SHUSTER) that the House suspend the and the breakdown of the deliberative PRINTING OF PROCEEDINGS HAD rules and agree to the concurrent reso- process. lution, H. Con. Res. 349. The sweetheart deals for special in- DURING RECESS The question was taken; and (two- terests, liability protection for big Mr. DREIER. Mr. Speaker, I ask thirds having voted in favor thereof) drug companies, tax breaks for big oil unanimous consent that the pro- the rules were suspended and the con- companies at a time when these com- ceedings had during the recess be print- current resolution was agreed to. panies are gouging Americans at the ed in the CONGRESSIONAL RECORD and A motion to reconsider was laid on pump, they get slipped into bills with- that all Members and former Members the table. out the knowledge of the majority in who spoke during the recess have the f this House, Democrat and Republican. privilege of revising and extending Why? Because the Rules Committee their remarks. PROVIDING FOR CONSIDERATION regularly waives the rules that re- The SPEAKER pro tempore. Is there OF H.R. 4975, LOBBYING AC- quires that Members have at least 3 objection to the request of the gen- COUNTABILITY AND TRANS- days to review the legislation. tleman from California? PARENCY ACT OF 2006 They waive the rules that allow us to There was no objection. Mr. DREIER. Mr. Speaker, by direc- read the bill before it comes to the tion of the Committee on Rules, I call floor. Conference committees meet in f up House Resolution 783 and ask for its secret. Big-ticket items are even put RECESS immediate consideration. into bills after conference committees The Clerk read the resolution, as fol- are closed. You can pass all the rules The SPEAKER pro tempore. Pursu- lows: you want, but if you don’t follow them, ant to clause 12(a) of rule I, the Chair H. RES. 783 what good are they? declares the House in recess subject to Resolved, That at any time after the adop- The Rules Committee did hold a se- the call of the Chair. ries of hearings on this bill, and speak- tion of this resolution the Speaker may, pur- Accordingly (at 11 o’clock and 35 suant to clause 2(b) of rule XVIII, declare the er after speaker expressed their con- minutes a.m.), the House stood in re- House resolved into the Committee of the cerns with the way this House is being cess subject to the call of the Chair. Whole House on the state of the Union for run. And yet the underlying bill does consideration of the bill (H.R. 4975) to pro- nothing to open up the process. The un- f vide greater transparency with respect to derlying bill does nothing to shine lobbying activities, and for other purposes. some light on this corrupt process. b 1541 The first reading of the bill shall be dis- Nothing will change as a result of this pensed with. All points of order against con- bill. Norm Ornstein, the congressional AFTER RECESS sideration of the bill are waived. General de- bate shall be confined to the bill and shall scholar, testified before the Rules Com- The recess having expired, the House not exceed one hour equally divided and con- mittee and he said, the problem goes was called to order by the Speaker pro trolled by the Majority Leader and the Mi- beyond corrupt lobbyists or the rela- tempore (Mr. TERRY) at 3 o’clock and nority Leader or their designees. After gen- tionship between lobbyists and law- 41 minutes p.m. eral debate the bill shall be considered for

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.021 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1878 CONGRESSIONAL RECORD — HOUSE April 27, 2006 amendment under the five-minute rule. In the rule for consideration of this ex- that we prevent registered lobbyists lieu of the amendments recommended by the traordinarily important lobbying and who are former Members of Congress Committees on the Judiciary, Rules, and ethics reform measure. As I began my from having access to the House floor Government Reform now printed in the bill, the amendment in the nature of a substitute remarks, I talked about the fact that and the gym. We, I am very happy to consisting of the text of the Rules Com- over the past 4 months, we have been say, with a strong bipartisan vote, were mittee Print dated April 21, 2006, modified by meeting with outside organizations. We able to make sure that we prevented the amendment printed in part A of the re- have been meeting with Democrats and former Members of Congress who are port of the Committee on Rules accom- Republicans in this House. We have registered lobbyists from having access panying this resolution, shall be considered been meeting with congressional ex- to the floor and to the gym. as adopted in the House and the Committee perts to glean as much information as One of the concerns out there has of the Whole. The bill, as amended, shall be we possibly can from a wide range of been the lack of transparency when it considered as the original bill for the pur- pose of further amendment and shall be con- sources. comes to the campaign contributions sidered as read. Notwithstanding clause 11 of The point I want to make is we began that lobbyists make and the lobbying rule XVIII, no further amendment to the at about 11:00 this morning. I felt at activity that they engage in. That was bill, as amended, shall be in order except that point we had a great deal of input another recommendation that was put those printed in part B of the report of the over the past 4 months since we began forward by the leadership of Democ- Committee on Rules. Each further amend- dealing with this critically important racy 21 and Common Cause. I am very ment may be offered only in the order print- issue which has to do with the credi- pleased that in this legislation we in- ed in the report, may be offered only by a bility of this institution. As we began clude that issue, and we address it to Member designated in the report, shall be considered as read, shall be debatable for the that debate, I thought why don’t we make sure that transparency and ac- time specified in the report equally divided get a little more input; and so for that countability is addressed, and we do and controlled by the proponent and an op- reason, I moved to withdraw the reso- bring this forward. ponent, shall not be subject to amendment, lution, and that is exactly what we did. Could we do more? Of course we could and shall not be subject to a demand for divi- We decided to proceed with more input do more. I hope in conference we will sion of the question in the House or in the from Members on this issue. And hav- be able to address these issues when we Committee of the Whole. All points of order ing gained more information, more move ahead with this. I also want to against such further amendments are input from our colleagues, we are now say that the issue of reporting from waived. At the conclusion of consideration of the bill for amendment the Committee shall reconvening and further considering lobbyists, and it is done right now rise and report the bill, as amended, to the this important measure. under current law on a semiannual House with such further amendments as may You know, the issue of reform is basis, it was the recommendation of have been adopted. The previous question something of which I have been very, the leadership of Democracy 21 and of shall be considered as ordered on the bill and very proud over the years I have been Common Cause that we go from semi- amendments thereto to final passage with- privileged to serve here. The Repub- annual reporting to quarterly report- out intervening motion except one motion to lican Party is the party of reform. We ing. recommit with or without instructions. have led reform initiatives for Con- I know there were a wide range of SEC. 2. In the engrossment of H.R. 4975, the Clerk shall— gress after Congress, and what we are other recommendations that those and (1) add the text of H.R. 513, as passed by doing here today is another indication other organizations made that have the House, as new matter at the end of H.R. of our strong commitment to the issue not been incorporated, but I get back 4975; of reform. to the argument that we have been (2) conform the title of H.R. 4975 to reflect We know that there is a problem of able to take a number of very impor- the addition of the text of H.R. 513 to the en- corruption. We also know that it is not tant issues that have been put forward grossment; a one-party issue. It is a problem that by Democrats and Republicans and in- (3) assign appropriate designations to pro- has existed on both sides of the aisle. I clude them in this legislation. visions within the engrossment; and Would I like to do more? Sure, I (4) conform provisions for short titles with- remember a quote from our very distin- in the engrossment. guished former colleague who served as would like to do more. I hope very SEC. 3. After passage of H.R. 4975, it shall chairman of the Ways and Means Com- much that as we take this bill, passing be in order to take from the Speaker’s table mittee, Dan Rostenkowski, who one it out of this House and go to a con- S. 2349 and to consider the Senate bill in the time said, You know, if everybody is ference with our colleagues in the Sen- House. All points of order against consider- unhappy with a piece of legislation, it ate, that we will be able to do more. ation of the Senate bill are waived. It shall is probably a pretty good bill. I see the distinguished former chair- be in order to move to strike all after the en- And that is exactly what is the case man of the ethics committee Mr. acting clause of the Senate bill and to insert HEFLEY here, and I know he has a num- in lieu thereof the provisions of H.R. 4975 (as right here. I do not know of anyone engrossed pursuant to section 2 of this reso- who is ecstatic with this piece of legis- ber of concerns. I have already told lution). All points of order against that mo- lation. I have read the editorials out him that as we take this first step in tion are waived. If the motion is adopted and there from some of the people who have addressing the issue of moving ahead the Senate bill, as amended, is passed, then provided me with input on this issue. to a conference, I want to address the it shall be in order to move that the House I have listened to Democrats, and I concerns that Members have that have insist on its amendment to the Senate bill will tell you, since January, I could not not heretofore been addressed in this and request a conference with the Senate come to the House floor without a first process in the legislation and do thereon. Democrat coming up to me and saying, that. b 1545 You cannot ban privately funded trav- Now, over the past 4 months we have The SPEAKER pro tempore. The gen- el. We must continue to maintain pri- seen five committees of jurisdiction tleman from California (Mr. DREIER) is vately funded travel. It is critical. And hold hearings and markups on this recognized for 1 hour. yes, I have heard similar statements issue. The Rules Committee, with Mr. DREIER. Mr. Speaker, for the from our side of the aisle. which I am the most familiar, held purpose of debate only, I yield the cus- I mention the fact that there was three original jurisdiction hearings, tomary 30 minutes to the gentlewoman input from outside organizations. Some and we held a markup on this legisla- from Rochester, New York (Ms. have been very critical of this legisla- tion. We had 13 outside witnesses who SLAUGHTER), pending which I yield my- tion, Mr. Speaker. But I am pleased came and provided their recommenda- self such time as I may consume. Dur- that some of the harshest critics of tions to us, and we had input from a ing consideration of this resolution, all this legislation have been able to have wide range of Members as we went time yielded is for the purpose of de- a great deal of input in this legislation. through this process. bate only. I have been very proud to have had I know that our colleagues on the Ju- (Mr. DREIER asked and was given meetings with the leadership of Com- diciary Committee, on the Government permission to revise and extend his mon Cause, Democracy 21 and other or- Reform Committee, Mr. HASTINGS, who remarks.) ganizations. is chairman of the ethics committee Mr. DREIER. Mr. Speaker, it was One of the recommendations that and also has been very involved work- 11:00 this morning that I first called up came to us from Mr. Wertheimer was ing with the Rules Committee on this,

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.006 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1879 and also Mr. EHLERS, chairman of the House because I love this institution, BALART), the very distinguished vice Administration Committee, have all and I love what this institution is sup- chairman of the Rules Committee who worked diligently so we can put to- posed to represent to the American has long been a champion of institu- gether a piece of legislation which will people. tional reform. allow the American people to have a The public wants us to pass signifi- Mr. LINCOLN DIAZ-BALART of greater opportunity to see what it is cant House reform. Instead, this legis- Florida. Mr. Speaker, I thank the that takes place here, to ensure that lation before us, in my humble view, chairman for the time and for his hard the tragic problems of corruption that constitutes consumer fraud work in bringing forth this piece of leg- we have witnessed will never happen masquerading as lobbying reform, and islation today. again. That is our goal. I believe this there are two spectacular examples of The Speaker of the House announced legislation provides bold, strong, dy- that. last January that this difficult subject, namic reforms which will move us in The most egregious example of the difficult but important, and it is dif- the direction towards doing just that. corruption of the process in this House ficult, Mr. Speaker, because any time Mr. Speaker, I reserve the balance of is the way in which conference com- that you deal with institutional re- my time. mittees have been substantially cor- form, you deal with reform of the prac- Ms. SLAUGHTER. Mr. Speaker, I rupted by some of the most powerful tices of Congress, obviously there is yield myself such time as I may con- people in this body. When you have a much tension and controversy and dif- sume. package that does not prevent powerful ficulty. And we are seeing it in the de- I would love to ask my good friend people in this body from adding 30 and bate today, and we are going to con- from California what great insight he 40 pages of new legislation to a con- tinue to see it in the debate today. So did gain in these last 5 hours, and if it ference report without ever having a it is not an easy task. led him to want us to be able to be part vote on the conference report, as hap- But the Speaker in January an- of this input and that you would recon- pened last year on the defense appro- nounced that he was going to deal, and sider turning down a Democrat sub- priation bill, when you have a reform we were going to, pursuant to his in- stitute? bill that still allows that to occur, I do struction and his leadership, deal with Mr. DREIER. Mr. Speaker, will the not think that is much of a reform bill. this issue of further creating trans- gentlewoman yield? This bill ought to require that any parency in this process and in this Ms. SLAUGHTER. I yield to the gen- time any item is inserted in a con- House, this respectable, this House tleman from California. ference report, that that cannot be that needs to be respected because it Mr. DREIER. Mr. Speaker, let me considered by the House unless there is merits it. And yet, obviously, it can be just say again, as we know very well in an open public vote of the conferees be- improved. this institution, listening to Members forehand. That is the way you prevent And Chairman DREIER, pursuant to talking about a wide range of issues is the pharmaceutical industry from the instruction of the Speaker, has a very important thing. We have been being shielded from suit, as happened done tremendous work in listening talking about, over the past few hours, on the defense bill last year at the be- time and again to the concerns of some of the concerns that were raised hest of the majority leader of the other Members on both sides of the aisle and by a number of our Members. body. formulating this piece of legislation Let me also say that with respect to The issue of increasing transparency that is before us today that seeks to be earmarks, this bill purports to deal and accountability is very important, before us based on this rule with which with the problem of earmarks by only and I will say that I believe this pack- we bring it to the floor today. going after appropriations earmarks; age with this excellent rule that we are So I urge all colleagues, first, to real- and yet last year on the authorization coming forward with to allow us to de- ize that their vote on the rule is going bill on highways, there were some 5,000 bate a wide range of issues is the right to be a vote on whether they are seri- earmarks, seven times as many as were thing to do and will provide the best ous about considering lobbying reform. contained in the comparable appropria- structure for our first step as we pre- This is the vote on the record of wheth- tion bill. To not do something about pare to move to a conference with our er or not one is serious about consid- authorizing committee earmarks in the colleagues in the Senate. ering, about dealing with the issue of Ms. SLAUGHTER. Mr. Speaker, I am process is a joke, in my view. lobbying reform, and we will have an sorry it did not lead to input from our And then I would point out, to not lay a glove on the special goodies that opportunity to go on the record. side. We can always talk about how we Mr. DREIER. Mr. Speaker, if the gen- are tucked into tax bills is even more would prefer to do other things. But tlewoman will continue to yield, I outrageous. The 1986 tax bill, for in- perfection is sometimes, Mr. Speaker, would say that input from her side has stance, included 340 separate transition the enemy of progress. This is the real been very important. And, yes, I have rules each benefiting a small set of in- thing, the real vote. If you are for lob- over the past few hours been talking to dividuals and small, ‘‘little’’ businesses bying reform, you will vote for the a number of Democrats who have been like General Motors, Chrysler, Phillips rule. If you are not, even if you have providing recommendations to me as Petroleum and Commonwealth Edison. all sorts of excuses, then you vote well, and I thank my friend. It provided special deals for sports sta- Ms. SLAUGHTER. Mr. Speaker, I diums in Tampa, San Francisco, Den- ‘‘no.’’ I am confident that the majority of yield 3 minutes to the gentleman from ver, Cleveland, and Los Angeles. It pro- this body will vote for this rule so we Wisconsin (Mr. OBEY), the ranking vided a special rule for a millionaire can further consider and further im- member of the Appropriations Com- stockbroker who had the largest pri- prove this important piece of legisla- mittee, who does have some input. vate collection of Rodin sculpture in tion that we bring to the floor today. Mr. OBEY. Mr. Speaker, I want to the Chicago area, and a family listed Ms. SLAUGHTER. Mr. Speaker, I congratulate the gentleman from Cali- by Forbes Magazine as one of the 400 yield 21⁄2 minutes to the gentleman fornia for being able to give that richest in America. speech with a straight face. I really ad- Any bill that allows those kinds of from Arkansas (Mr. SNYDER). Mr. SNYDER. Mr. Speaker, I rise in mire him for it. earmarks to continue is a bill that is opposition to this oppressive, undemo- Mr. DREIER. Mr. Speaker, will the not worthy of the name. It is a joke. It cratic rule, a rule inconsistent with the gentleman yield? is an embarrassment, and I would urge great traditions of the people’s House. Mr. OBEY. I yield to the gentleman that this House get serious and pass So many amendments that were pro- from California. real reform. Mr. DREIER. I was smiling as I pre- posed by good Members of this body sented it. b 1600 were not allowed to be considered Mr. OBEY. Well, I thought you were Mr. DREIER. Mr. Speaker, let me today. And let me give you three exam- gritting your teeth; but, nonetheless, just say that we are, with this package, ples. Number 1, no amendment was al- that is fine. going to implement real reform. lowed to deal with the issue of Mem- Mr. Speaker, let me simply say I I yield 2 minutes to the gentleman bers getting rides on corporate jets. really regret days like this in the from Florida (Mr. LINCOLN DIAZ- Let me put this in perspective for you

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.026 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1880 CONGRESSIONAL RECORD — HOUSE April 27, 2006 with real numbers. Today my wife is 35 light of the fact that those regs come Mr. HEFLEY. I yield to the gen- weeks pregnant. A few weeks ago, I forward there. tleman. priced what does it cost if this happens Mr. SNYDER. Mr. Speaker, will the Mr. DREIER. I thank my friend for in the middle of the night and I need to gentleman yield? yielding, and I would simply say to my try to get home quickly to be with her Mr. DREIER. I yield to the gen- friend that he has brought forward a when she goes into labor: $12,000 on a tleman from Arkansas. wide range of very, very important charter service for me to get home to Mr. SNYDER. Obviously, Mr. Speak- issues, many of which he addressed as Little Rock to be with my pregnant er, me going back to Little Rock, Ar- chairman of the Ethics Committee wife. Do you know what the first class kansas, to be with my wife as she goes himself. And I will, again, as I said in ticket costs with Northwest Airlines? into labor is not a campaign event. my opening remarks, I am very happy $680. So an alternative for me is to call That is not the issue. We are talking to make the commitment that we rec- up one of my good corporate friends about people catching rides for all ognize that this process is the first step and say, can I catch a ride on your kinds of reasons. on our road towards dealing with this, plane? I will give you $680, and neither Mr. DREIER. If I could reclaim my and it is our goal that as we move be- one of us will say, oh, by the way, that time, Mr. Speaker, what I am talking yond this rule to consider the legisla- means you gave me an $11,300 gift. I about is the use of corporate aircraft tion that we get into a House-Senate think that people should be able to ride for campaign events that is handled by conference. on planes. But they should pay the fair the Federal Election Commission. The I am happy to yield my friend an ad- market value. That amendment should Federal Election Commission is the ditional 30 seconds. have been allowed to be discussed and one that promulgates those regula- Mr. HEFLEY. I won’t belabor the brought on the floor. tions, because those corporate aircraft point any more, except to just simply Second, the chairman and I had a dis- are used for campaign events for the say there was a lot of good opportunity cussion at the beginning of this session political process. here, I think, to really strengthen the about my feelings. I had an amendment Mr. Speaker, I yield 2 minutes to the ethics process. And I know there are proposed in the Rules Committee yes- very distinguished former chairman of some who would like to do a commis- terday to greatly restrict the ability of the House Committee on Ethics, my sion to that again. The ethics process former Members who are registered good friend from Ft. Collins, Colorado works. It did work and it worked very lobbyists to be on the floor and partici- (Mr. HEFLEY). well for a long time. It needs to be pate in some of these activities that we Mr. HEFLEY. Mr. Speaker, I don’t tweaked a little bit, and that is what know as the Members dining room and know who left me the $5 up here to buy this bill would do. the parking garage and the gym and all my vote. I am not sure here. I see the majority leader on the floor. these kinds of things. Because here is Mr. DREIER. My recommendation is I would be happy to yield. the issue: when my constituents come that you not touch it. Mr. DREIER. Mr. Speaker, I yield 1 from Arkansas, they have to go Mr. HEFLEY. I will keep my hands minute to the majority leader. through the security. Members who are up here where you can see them. Mr. BOEHNER. I thank my colleague registered lobbyists do not. When my Mr. Chairman, I have enormous re- for yielding, and suggest to my col- constituents come from Arkansas, they spect for you and the committee, and league from California, I am as con- don’t get to go to the Members’ dining you know that I do. But I am not cerned as you and many other Members room. When my constituents come happy with this rule. And I am not on both sides of the aisle that the Eth- from Arkansas they don’t get to roam happy with this rule because I think it ics Committee process is not running through the halls and go in the back doesn’t allow the House to consider the way it should. For the benefit of rooms of the committee rooms. Former real and meaningful ethics reform. this institution, for the responsibility Members who are registered lobbyists Now, you do lobbyist reform. But in of this institution, the Ethics Com- do. terms of the ethics process reform, I mittee should be functioning and My amendment was not allowed on don’t think we really have much of should be enforcing the rules of the the floor to be considered. If you don’t that here. The rule does not allow the House. Unfortunately, one side of the like it, vote against it; but let me have House to consider many of the provi- aisle has decided that they don’t want this discussion. sions that would strengthen the integ- the process to continue. Third, an amendment that deals with rity of the House and help restore pub- Now, the gentleman from Colorado lobbyist-funded meals was not allowed. lic confidence. And I think actually we and I, yesterday, had a conversation An amendment to deal with the ban on are missing an opportunity here. about the ethics process. I am inter- lobbyists-paid meals was not allowed. I introduced a bill, along with Rep- ested in seeing it up and running. I am Are we so dependent on lobbyist-funded resentative HULSHOF, who was my col- interested in working in a bipartisan meals for our lunch money that we league on the Ethics Committee, to way to fix the problems that are there won’t even let an amendment come on strengthen the Ethics Committee in so that it will run for the benefit of the floor of the House? Well, I have got ways not allowed under this rule. Our Members and the institution; and the a solution. I have got $5. I will leave it bill is cosponsored by many Democrats gentleman has my commitment to over here on this podium. If any Mem- and Republicans, and not just Demo- work with him and Members on the ber is so dependent on not having lunch crats and Republicans, but the left and other side of the aisle to make sure money, so dependent on lobbyist-fund- right wing of both parties. So philo- that the ethics process works, because ed meals, take the $5. But let us have sophically it crossed lines too. And yet it is important for the integrity of this a vote on these very important amend- our amendment will not be considered institution. ments. in this rule. I yield to the gentleman. Vote against this rule. It is a bad Our amendment had broad and Mr. HEFLEY. You said one side of rule, undemocratic. sweeping disclosure across the board. the aisle is not interested in the Ethics Mr. DREIER. Mr. Speaker, I yield All gifts over $20 disclosed, all pri- Committee proceeding and working. myself such time as I may consume to vately funded travel disclosed, all lob- There is enough blame to go around, I first congratulate my friend. And I byist registrations, all passengers on have to say. Both sides of the aisles know that he is going to have a won- corporate jets, all Members’ financial have fouled this process up now. And derful baby boy or girl before too ter- disclosure statements, all disclosed on we need to work together to get it back ribly long. the Internet in real-time. Most of this together. The Ethics Committee needs And I will say in response to the is not in the bill. And yet it would to work, and anything we do in the issue of corporate aircraft, that is an allow Members to, our bill that we Ethics Committee reform process has issue that is addressed by the Federal wanted as an amendment, would allow to be bipartisan, or nonpartisan. You Election Commission, and those are Members to continue privately funded can’t have an Ethics Committee that is regulations which are promulgated by travel, which I think is important. partisan, and it has to be nonpartisan. them. And that is the reason that we Mr. DREIER. Would the gentleman So I would like to work with the ma- have not addressed this issue there in yield on that point? jority leader, and I would like to ask

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.029 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1881 that if we are not going to have this as b 1615 mend the chairman of the Rules Com- an amendment to this bill, that we I asked the Rules Committee to con- mittee for his outstanding leadership have the opportunity to have a free- sider 5 reforms that Congressman MEE- and no small amount of perseverance standing bill on the floor in the fore- HAN and I and others had proposed. Cre- and courage in evidence today. seeable future, in the near future, ate an Office of Public Integrity. If you I also speak in commendation of which would encompass much of what I do not think it makes sense, debate it Speaker HASTERT and our leadership have described here. and then explain why. for bringing the Lobbying Account- Mr. BOEHNER. In responding to my Strengthen lobby disclosure require- ability and Transparency Act to the colleague from Colorado, I am inter- ments above what this legislation in- floor in this rule. ested in working in a bipartisan way to cludes. If you do not think it makes After months of scandal and years of come to an agreement on those issues sense, allow the amendment and then deficit spending, we have come to a that are necessary for the Ethics Com- argue against it and vote it down. moment of truth. We will show today mittee to do its job on behalf of Mem- Require disclosure of huge sums on this floor in less than an hour who bers and this institution. And whatever being spent by professional lobby firms in this body is committed to reform I can do to help foster those changes and lobby organizations on grassroots and who is not. and to initiate real action at the Eth- campaigns to stimulate lobbying by This legislation has significant lob- ics Committee, I will do everything I Members of Congress. Allow that bying reforms: enhanced disclosure re- can to work with you to do that. amendment. If you do not think it porting for lobbyists, civil and crimi- Mr. DREIER. Mr. Speaker, I reserve makes sense, argue against it and vote nal penalties for noncompliance, and the balance of my time. it down. imposes a moratorium on privately Ms. SLAUGHTER. Mr. Speaker, if Require Members to pay for charter funded travel. But as we change the Mr. HEFLEY would like more time, I flights they take rather than pay a way lobbyists spend their money, this can yield him another minute. first-class fare. Allow this amendment, Congress also understands that we Mr. HEFLEY. Mr. Speaker, I just lost and if you do not think it makes sense, must change the way we spend the my $5 here. argue against it and vote it down. money of the American people, under- I don’t want to take any more time Enact a true gift ban. If you do not standing that you cannot complain because I know this is going to, we think it makes sense, still allow a de- about the sharks when you are holding need to go ahead and get on with this bate. Debate it, and if you do not think a bucket of chum. This bill contains historic and sig- thing. But I think we do have a serious it makes sense, vote it down. nificant budget reforms. Under the re- opportunity here to do some really Particularly as it relates to charter forms we will consider, Members will good things. And there are some really flights, here we are going to ban Mem- have unprecedented opportunities to good things in this bill. I just don’t bers from potentially flying to deliver challenge so-called earmark spending think it goes far enough if we are real- a commencement address, but we are at every stage of the legislative proc- ly to have the reform kind of package going to say to the leaders on both ess. And we can do more earmark re- that many of us would like to see. sides of the aisle, you can go on a cor- form, applying it to all committees, as Mr. DREIER. If the gentleman would porate jet and only pay the first-class has been suggested, but we dare not do yield, if he has any time left. I will say rate when it will cost that corporation less. Lobbying reform must be married that I agree with exactly what the gen- literally tens of thousands of dollars. I with spending reforms that give great- tleman said. I wish there could have do not understand how we, with a er transparency and accountability to been more in this bill too. But, again, straight face, can say we are cracking the process and the American people. getting input from so many on both down on the abuses of lobbying when we allow the corporations to fund This country longs for a Congress sides of the aisle has been a challenge. that will renew its commitment to fis- Ms. SLAUGHTER. Reclaiming my where our leaders go. The bottom line for me is why can we cal and ethical reform, and this is such time, I would like to say, Mr. Speaker, not have debate and vote on these a moment. This is a moment of truth. that it is all well and good to talk issues and a number of others? I believe I urge all of my colleagues to support about we are going to work very hard we need to defeat the rule and then do the rule for the Lobbying Account- to fix the Ethics Committee, but we what my majority leader and the chair- ability and Transparency Act. are in the 16th month of this term, and man have said: work on a bipartisan Ms. SLAUGHTER. Mr. Speaker, I am I don’t see much action taking place basis on a new bill, on new rules, that pleased to yield 2 minutes to the gen- over there. will allow some debate. tleman from Virginia (Mr. SCOTT). I yield 3 minutes to the gentleman When I was re-elected 10 years ago Mr. SCOTT of Virginia. Mr. Speaker, from Connecticut (Mr. SHAYS). and Republicans took over, I really be- I had an amendment that was adopted Mr. SHAYS. Mr. Speaker, I happen to lieved, Mr. DREIER, that we would be in the Judiciary Committee, and the believe we are losing our moral author- allowed to have debates. Every year I adoption of this rule would eliminate ity to lead this place. It has been over see less and less of it. that amendment. a decade since my party took over the Mr. DREIER. Mr. Speaker, I yield That amendment would have created majority, and I feel like we have for- myself such time as I may consume. just a study of a practice where some gotten how we got here. Republicans Let me say once again that I am very lobbyists appear to be charging per- were united on three common issues, proud of the reform agenda that we centage contingency fees for getting and one of them was reforming Con- have implemented and continue to im- earmarks. Now, when you combine this gress. plement in a wide range of areas in- idea with the K Street Project where It was amazing after the 2004 election cluding institutionally right here on you are supposed to be hiring Repub- we considered repealing the rule re- ensuring that we have a free-flowing lican lobbyists who are supposed to be quiring a Republican leader to step debate on a wide range of issues, a contributing back to the legislators, down if indicted. Next we proceeded to guaranteed motion to recommit, which you can see how ugly a practice this remove the members of our Ethics I know my colleagues will have on this can get. I just asked for a study. Committee who had voted to hold our legislation. And, Mr. Speaker, these kinds of con- former majority leader accountable for Mr. Speaker, I am very pleased to tracts are illegal for agents of foreign his actions. Then we proceeded to yield 3 minutes to the gentleman from governments. They are illegal in some make it more difficult to initiate an Columbus, Indiana (Mr. PENCE), the executive branch lobbying. The Con- Ethics Committee investigation. distinguished chairman of the Repub- gressional Research Service in a I think there is a tendency for power lican Study Committee. memorandum cited these as bad be- to corrupt, and absolute power to cor- (Mr. PENCE asked and was given per- cause they furnish the strongest incen- rupt absolutely. We need bold action, mission to revise and extend his re- tive to the exertion of corrupting and and we need bold reform. Regretfully, marks.) sinister influences to the end that the this bill does not do it, and this rule Mr. PENCE. Mr. Speaker, I thank the desired legislation may be secured, and does not allow us to make it better. gentleman for yielding. And I com- there is a long line of cases in which it

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.031 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1882 CONGRESSIONAL RECORD — HOUSE April 27, 2006 is utterly void against public policy. term temptation to attempt to gain landmark bipartisan reforms and we The CRS memo cites Oliver Wendell partisan advantage is not completely asked that it be included in this legis- Holmes in 1906, saying that it is the negated on this floor. And, Mr. Speak- lation or give us a rule to report it out tendency in such contracts to provide er, my colleagues, we would be naive if as separate legislation? They reject it. incentives towards corruption. An 1853 we thought that it were. They would not give us an opportunity Supreme Court case said that it is an I listened with great interest to my to bring bipartisan legislation to the undoubted principle of the common friend from Virginia, a member of the floor. And then they stand here and law, that it will not lend its aid to en- Judiciary Committee, offer some legal say, we cannot do more because we do force a contract such as this to do an case history, although his amendment not have bipartisan support. But when act which is inconsistent with sound was not germane to this bill. I could we give them a bill on ethics and lob- morals or public policy or which tends point out, just as a citizen, we could bying reform with bipartisan support, to corrupt or contaminate. look at other challenges faced by other they ignore it and will not give us a Mr. Speaker, these kinds of contracts Congresses and other majority in a chance on the House floor. are illegal in 39 States because of their landmark work entitled The Ambition A corrupt mentality governs in corrupting influence. If we are going to and the Power that dealt with the chal- Washington, and there is no better have a bill that suggests it is going to lenges of a previous majority. metaphor for the contempt for reform do something about corruption, what is What is past is prologue. What we that has infected this body than the wrong with at least studying the preva- have an opportunity to do in this treatment that our proposal received. lence of these contracts which do not House today, despite admitted imper- Mr. DREIER. Mr. Speaker, will the appear to be illegal in the Federal Gov- fections, despite the temptation of par- gentleman yield? I would be happy to ernment but everybody knows have a tisanship, is to take a meaningful step yield the gentleman time. corrupting influence? forward for reform. Mr. WAXMAN. If you yield me time, I would hope that we would defeat I listened to constructive criticisms I would be happy to yield to you. the rule so that my amendment, which from those who say the bill does not go Mr. DREIER. Mr. Speaker, I would was adopted in the Judiciary Com- far enough. I listened to other criti- just like to engage in a colloquy with mittee, can be reinserted back into the cisms that perhaps are partisan in na- my friend. bill. ture. But the question before this b 1630 Mr. DREIER. Mr. Speaker, I yield House is will we stand up clearly and I have the greatest respect for him as myself 1 minute. take a step in favor of reform? a fellow Californian. The fact is, Mr. This Member says yes. Let it begin As I listen to critics of this legisla- Speaker, as we look at this issue, will with this rule. Vote ‘‘yes’’ on the rule tion, you would think that the package the gentleman not acknowledge that and ‘‘yes’’ on the legislation and ‘‘yes’’ that we have is a huge step backward. the problem of corruption we face in for real reform. Let me first say to my friend Mr. this town is a bipartisan issue, that it Ms. SLAUGHTER. Mr. Speaker, I SCOTT that his amendment was not crosses party lines and it is not just a yield 21⁄2 minutes to the gentleman germane to the bill, and all of the Republican issue? from California (Mr. WAXMAN). amendments that we have made in Mr. WAXMAN. Mr. Speaker, reclaim- Mr. WAXMAN. Mr. Speaker, I will be order are germane to the bill. We, in ing my time, I certainly think what we blunt. Washington is mired in corrup- fact, used that as a guide in proceeding have seen is a lot of corruption, and tion. In this last year alone, the Vice here. the resolution of how to deal with it President’s Chief of Staff was indicted When one thinks about what has or ought to be bipartisan. We gave you a for obstructing justice. Two of the has not happened, again, this criticism bipartisan proposal, which you would former majority leaders top aides have is leveled towards what is not in the not bring to the House floor. bill, failing to recognize what is in the pled guilty to bribery and conspiracy. Mr. DREIER. Mr. Speaker, I yield 1 bill. And a senior Republican Member of minute to my friend, the gentleman Congress was convicted of accepting This bill doubles the fines for lobby- from Minnesota (Mr. KENNEDY). ists who fail to disclose. It adds the over $1 million in bribes from military Mr. WAXMAN. Mr. Speaker, the gen- possibility of jail time for failing to contractors. Yet this so-called reform tleman from California will not yield comply with the act. It adds oversight legislation, this incrementalism that further to me? to make sure disclosure information is we should accept, is a complete and Mr. DREIER. I yielded twice as accurate, and it gives the public full utter sham. much, 100 percent more, than what the on-line access to disclosure reports, all In my committee, the Committee on gentleman yielded to me. things that are needed and are im- Government Reform, we worked hard Mr. WAXMAN. The gentleman will proved with the passage of this legisla- to pass true reform legislation of the not yield further. tion. executive branch, and on a unanimous The SPEAKER pro tempore (Mr. Mr. Speaker, at this point I am very bipartisan vote of 32–0, we reported leg- HAYES). The House will be in order. pleased to yield 21⁄2 minutes to the gen- islation that would have closed the re- Mr. DREIER. Mr. Speaker, I am tleman from Scottsdale, Arizona (Mr. volving door between K Street and the going to ask the gentleman from Min- HAYWORTH). Federal Government. Our bill would nesota to proceed, and then if my (Mr. HAYWORTH asked and was stop lobbyists like the former Deputy friend from California would like to given permission to revise and extend Interior Secretary from using a high- ask me a question or something, as his remarks.) ranking government position to benefit soon as we are done with the gen- Mr. HAYWORTH. Mr. Speaker, I energy industry clients. It would pro- tleman from Minnesota, I will be happy thank my colleague from California, hibit senior officials, like the former to yield to my friend from California. the chairman of the Rules Committee, Medicare Director, from seeking jobs Mr. KENNEDY of Minnesota. Mr. for the time to speak on behalf of this representing pharmaceutical compa- Speaker, this bill does include many rule. nies while writing prescription drug important provisions, and I am thank- And one of the challenges we con- legislation. Our legislation would have ful for that; but I feel that we have not front in an institution that, yes, has a ended secret meetings between lobby- gone quite far enough in terms of stop- partisan composition and is made up ists and executive branch officials like ping the revolving door from public of, admittedly, imperfect beings is that those that produced the deeply flawed service to K Street. It does not extend there are numerous examples of imper- White House energy plan. And it would the current 1-year ban on Members be- fection and, dare we say, partisanship have promoted open government, coming registered lobbyists. brought to this debate. banned covert propaganda, and given To fix the problems caused by com- But the question in the final anal- national security whistleblowers long peting public and personal interests, ysis, despite the seeming inevitability overdue protection. we must close the revolving door be- of incrementalism, which in itself in But what does the Republican leader- tween Congress and lobbying. That is this case is not fatal or does not flaw ship do when Committee Chairman why I introduced H.R. 4685, to perma- this positive action, is that the short- TOM DAVIS and I jointly proposed these nently ban Members from taking jobs

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.035 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1883 as registered lobbyists. We must make leadership in the wake of the Jack Tragically, the party of Abraham sure there is not the temptation for Abramoff scandal and other recent in- Lincoln is becoming the party of Members of Congress. stances of corruption by public offi- Abramoff. No wonder you have blocked Mr. Speaker, I applaud the things cials is woefully lacking in many re- every effort we have made to inves- that are in the bill. I hope that we can spects; but chief among them, however, tigate this wretched scandal. With all continue to work on this further in the is its failure to address the central the special interest wining and dining, future. weakness and the most corrosive as- what a ‘‘Grand Old Party’’ it is. But it Mr. DREIER. Mr. Speaker, if the gen- pect of the current lobbying rules, and is a grand party for everyone but the tleman would yield, I would simply say that has proven to be this revolving taxpayers, who have to pick up the tab, in response to my friend, as he knows door aspect we have heard so much because corruption is not a victimless very well, we have really gone a long about today, which involves public sec- crime. Ask those who bear the higher way toward making sure there is great- tor congressional folks, employees, price at the gas pump, who bear the er transparency on that issue, so the going over to work for special interest costs as taxpayers of no-bid Halli- so-called ban on lobbying, the cooling- groups. In the most recent instance burton contracts, or the suffering of off period, is made clear with lines that with the Abramoff scandal, we had our seniors from a pharmaceutical bill we draw. I think it is really moving in staffers for the former Republican lead- written for the manufacturers, not for the direction to which my friend has er going over to work for Abramoff. the seniors. referred. However, the need to impose greater This bill represents no right step in Mr. KENNEDY of Minnesota. Mr. restrictions on the flow between key the right direction, no true incre- Speaker, reclaiming my time, I appre- legislative and executive branch pol- mental reform. It is, instead, a phony, ciate the clarity that was put in the icymaking posts and business and lob- contrived maneuver to obstruct gen- bill. bying firms was never more evident uine change, to stop the greed and end Mr. DREIER. Mr. Speaker, at this than during the days following the pas- the culture of corruption that is weak- juncture I would like to yield 30 sec- sage of the Medicare Prescription Drug ening our country. onds to my good friend, the gentleman Act. That was an absolute disgrace. We We have come forward as Democrats from California (Mr. WAXMAN). came to find out that the former chair- with one proposal after another to Mr. WAXMAN. Mr. Speaker, I would man of the House Energy and Com- reach across the aisle and to try to ad- like to ask my good friend why, when merce Committee had taken the top dress this corruption, but at every turn the committee that has jurisdiction job at the pharmaceutical industry’s our hand has been slapped away by over executive branch lobbying has a most powerful trade group only a cou- those who are content with the corrupt unanimous vote on a bipartisan bill to ple of months after he had played an system that is ruining this country and try to stop some of these egregious instrumental role in the bill’s develop- damaging this Congress. problems of the revolving door, why we ment and promotion. Ms. SLAUGHTER. Mr. Speaker, I am couldn’t get it on the floor? We came to find out only days after pleased to yield the balance of my time Mr. DREIER. Mr. Speaker, I would passage of the Medicare act that the to the gentlewoman from California reclaim my time. The SPEAKER pro tempore. Both administration’s chief congressional (Ms. PELOSI), our minority leader. Ms. PELOSI. Mr. Speaker, we are gentlemen will suspend. Thirty seconds negotiator on the bill had landed a job about to vote on a rule for a so-called has been yielded. Please allow the 30 at a top lobbying firm representing lobbying reform bill that The Wash- seconds to expire. drug companies and health care pro- Mr. DREIER. Mr. Speaker, if the gen- viders with major stakes in the legisla- ington Post has said ‘‘is simply a tleman would yield, I would simply say tion. joke.’’ ‘‘Or more accurately,’’ it goes that this measure is designed to deal As has been pointed out, that legisla- on to say, ‘‘a ruse aimed at convincing with lobbying and ethics reform for the tion has a provision that says the Sec- what the leaders must believe is a dolt- first branch of government, the legisla- retary of Health and Human Services ish public that the House has done tive branch; and it is for that reason shall not negotiate lower drug prices something to clean up Washington.’’ A that we have not gotten into the execu- with the pharmaceutical companies. ruse. That is what this is. And to the distinguished Chair of the tive branch issue to which my friend Then one of the chief drafters of the Rules Committee, if you think that referred. bill goes to work for the pharma- Mr. Speaker, may I inquire of the ceutical companies. It weakens our what is being proposed today main- Chair how much time is remaining on credibility as an institution here. Not tains a high ethical standard for this each side. only were seniors robbed, but also I House, either your standards are too The SPEAKER pro tempore. The gen- think that the insurance companies low or you have no interest, no inter- tleman from California (Mr. DREIER) were allowed to greatly benefit as a re- est, in cleaning up the culture of cor- has 81⁄2 minutes remaining, and the sult of this revolving door situation, ruption that the Republicans have in gentlewoman from New York (Ms. and we must correct it. this House of Representatives. Ms. SLAUGHTER. Mr. Speaker, I This Republican leadership so-called SLAUGHTER) has 151⁄2 minutes remain- ing. yield 2 minutes to the gentleman from Lobbying Accountability and Trans- The Chair would remind the House Texas (Mr. DOGGETT). parency Act holds no one accountable that when a Member who controls time Mr. DOGGETT. Mr. Speaker, this and provides little transparency to the yields a specific block of time to an- lobby bill began with grand talk and activities of lobbyists or anyone else. other, that time may not be reclaimed broad promises, and today it is ending It is an embarrassingly trivial response and should not be interrupted by inter- with a whimper. The announcement to the culture of corruption that has jection. was the high watermark. Since then, thrived under the Republican Congress. Mr. DREIER. Mr. Speaker, in light of the Republican strategy has been on And this corruption has a cost to the the fact that I have 81⁄2 minutes re- each of these reforms, let the weak get American people, as others of my col- maining and my colleague from Roch- weaker, and to reject most every leagues have said. This corruption has ester has 151⁄2 minutes remaining, I Democratic proposal that has been ad- come at great cost to the American think it would be probably useful for us vanced, even some like my own that people in terms of prices at the pump, to proceed with hearing some of her ar- had no visible opposition. a Medicare prescription drug bill that guments. So much has been stripped from this does little to lower the cost of spiraling Ms. SLAUGHTER. Mr. Speaker, I am bill that if it remains here another health drug costs, and waste and fraud pleased to yield 2 minutes to the gen- week, there won’t be anything left but in the gulf coast and in Iraq. tleman from Massachusetts (Mr. the name, and the name is certainly This bill is a missed opportunity, a LYNCH). appropriate, The Transparency Act, be- missed opportunity. As House Demo- Mr. LYNCH. Mr. Speaker, I want to cause you can see right through this cratic Leader, I would have hoped that thank the gentlewoman for yielding. bill, that it does not reflect any mean- we could have worked together with Mr. Speaker, the lobbying reform ingful bipartisan reform of a very cor- the leadership of this House of Rep- proposal drafted by the Republican rupt system. resentatives to put forth something

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.038 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1884 CONGRESSIONAL RECORD — HOUSE April 27, 2006 that truly threw up the windows and to sell the seniors down the river? Well, And that is why we get not only bad pulled back the shades to let in the about $2 million a year, if you are the policy, not only corruption in this fresh air. But that didn’t happen be- manager of the prescription drug bill. House, not only a cost of that corrup- cause of this ruse. That is why Americans, middle-income tion to the taxpayer and to the con- Mr. DREIER. Mr. Speaker, would the seniors, will be paying more at the sumer, but we have a ruse of a bill that gentlewoman yield? pharmacy because of the corruption tries to masquerade as reform on this Ms. PELOSI. I wouldn’t even think of that was involved in writing this bill, a House of Representatives. yielding to you. You have all the time bill where the pharmaceutical industry I feel really sad about this. I feel sad in the world. insisted that there be a prohibition in for the American people. They expect I come to this floor with great sad- the bill against the Secretary of HHS and deserve better. And we can give ness. I come here as one who has served for negotiating for lower prices. It was that to them in our motion to recom- on the Ethics Committee for 7 years, at in the bill because the pharmaceutical mit that I talked about earlier. It bans a time when we worked in a bipartisan industry insisted upon it. They had the gifts and travel. It breaks the link. fashion to maintain a high ethical their representatives at the table. It stops the revolving door. It also says standard. I take very seriously our re- America’s seniors did not. Who do you that if you are convicted of a felony in sponsibility to the American people to think came out on top in that bill writ- the performance of your duties as a do their business here, not the business ing? Member of this House, you do not get of the special interests of the lobbyists. We have talked about a time when your pension. You do not get your pen- That is why it is such a pity that we the American taxpayer has the burden sion. And as I said, again, this whole thing really don’t have transparency in this of that, plus paying a price at the about jet travel and the rest, our mo- rule and in this bill, where we can pump because of the corruption in tion to recommit would prohibit cor- come to the floor with an open rule, writing the energy policy for this coun- porate travel for official purposes. So I where all points of view can be consid- try, behind closed doors, refusing to re- hope that our colleagues will under- ered and all positive initiatives can be veal what went into writing that legis- stand that we certainly can do better considered and voted up or down. Let’s lation. leave that up to the debate. and that the American people are We certainly can do better than this. b 1645 watching; that we can present sub- That wouldn’t be difficult. And that legislation, do not take it stantive reforms, some that we should Democrats are offering a motion to from me, the Republican Department be debating today. I can assure my col- recommit that breaks the link between of Energy stated at the time that the leagues that these reforms, that if we K Street lobbyists and the Congress of energy bill proposed and passed by the have these reforms, we will end this the United States. It says it ‘‘bans.’’ It Republicans in this Congress would in- culture of corruption. I also assure you is unequivocal. It is unambiguous. It crease the price at the pump. They said that if the Democrats win the Congress bans gifts and travel from lobbyists it at the time. next year, they will be implemented on and from organizations who employ So not only are the consumers pay- the first day, the first day of the first lobbyists. It prohibits use of corporate ing the price at the pump and an in- session of this next Congress. So let us start fresh with this. The jets for official travel. It just prohibits creased cost in their home heating oil American people, as I say, expect and it. You can’t do it. It shuts down the K and cooling oil as we go into the sum- deserve better. We can clear the slate Street Project, in which lobbying firm mer months; they gave a gift, they, the by rejecting, all-out rejecting this ruse, jobs are traded for legislative favors. American taxpayers, we gave a gift to this pathetic, pathetic little tiny step And it shuts down the revolving door. the oil companies. that is a missed opportunity for a high What a disgrace, this revolving door That same bill that increased the price at the pump that people are now ethical standard and is an excuse to that is spinning so fast. It prohibits keep the culture of corruption that is paying nearly $3 a gallon for, they, Members, senior staff and executive here. those oil companies, those same oil branch officials from lobbying their Mr. Speaker, I urge my colleagues to former colleagues for 2 years after companies got subsidies of $12 billion vote ‘‘no’’ on this rule, and if the op- leaving office. Two years. I think it in the energy bill. They got royalty re- portunity presents itself, to support should be longer, but that is a com- lief, royalty holidays of several more the Democratic motion to recommit. I promise. billion dollars. want to in closing commend the rank- Today, the Republican majority And to make matters worse, in the ing Democrat on the Rules Committee, most recent tax bill that is being pre- brings forth a rule that is itself an Congresswoman SLAUGHTER. She has abuse of power. The Republican Rules pared to come to this floor, they will been a relentless crusader for a high Committee has refused to let this get $5.5 billion more in tax breaks. ethical standard in this House for not House debate bills that 165 Democrats What are they taking the American only lobby reform and all kinds of cosponsored. The Republicans have re- taxpayer for? What are they thinking other reform, but for injecting a level fused to let this House debate even Re- of? It is such an insult to the intel- of civility into how we should have de- publican serious proposals directed at ligence of the consumer and the tax- bate on the floor of the House that re- cronyism and corruption in govern- payer. spects the views of Democrats and Re- ment contracting. The Republicans Wait a minute, at a time of record, of publicans, because we respect the peo- have refused to let this House debate record profits, historic and obscene ple who sent all of us here, not just any serious attempt to end the culture profits, these companies are paying having Republicans heard and Demo- of corruption. enormous fees. The CEO of Exxon is crats blocked out. They call this bill the Lobbying Ac- getting a retirement package of $400 So Congresswoman SLAUGHTER, I countability and Transparency Act? million. Record profits. High subsidies commend you for your leadership. I The Washington Post calls it a joke. from the taxpayer, and high prices at thank you for your courage. I urge our The sad thing is, it is not a very funny the pump, a very raw deal for the colleagues to vote ‘‘no’’ on the rule. joke, because, once again, the Amer- American consumer. Mr. DREIER. Mr. Speaker, I yield ican people are paying the price. All of it born from the culture of cor- myself 30 seconds to say to my dear My colleagues have listed some of ruption in this House of Representa- friend from California, the distin- the abuses of power. Mr. WAXMAN in tives. We must break that link. We are guished minority leader, to whom I am particular talked about what the im- here for the interests of the American happy to yield at any time whatsoever, pact is on the American consumer from people, for the public interest. The Re- that on the issue of prescription drugs, some of those abuses of power. publicans are here for the special inter- we are very proud of the fact that more Imagine that the person managing ests. They are the handmaidens of the than 30 million Americans, many more the bill on prescription drugs left this pharmaceutical industry. They are the than had been anticipated, are today House and soon was representing the handmaidens of the energy companies. saving millions and millions of dollars pharmaceutical industry for $2 million They do not know any other way to do because of the Medicare prescription a year in salary. How much does it cost it. drug package that we put into place.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.041 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1885 On the issue of energy issues, we are something that has been an abuse, and doing, we increased the reporting re- outraged at the increase in gasoline where I have had the good fortune of quirements. We increased the penalties and fuel costs. But I will tell you, I am working with my friends across the for those people who would take advan- really perplexed, because as they decry aisle, Mr. MILLER, Mr. BERMAN. I had tage of the public trust that they are the issue of global warming, you would the opportunity to also work with Mr. given by the voters and by the elec- think that they would be ecstatic at HASTINGS and Mr. LUNGREN, and we torate. the fact that gasoline prices have gone think we have crafted an amendment When it comes to the issues of mak- through the roof. that everybody in this House can be ing sure that we have a functioning But, unfortunately, it is their poli- pleased with. ethics committee, that is the most im- cies, their refusal to pursue ANWR in a That would not have happened with- portant piece of this process, increas- responsible way to deal with the issue out your help, Mr. Chairman, and with- ing the leverage to make sure that that of boutique fuels and to deal with the out your support. Let me conclude by committee is one that is functioning issue of refinery capacity that has been saying, I am very proud to have worked appropriately. a problem. with my friend, the chairman on the So in sum, Mr. Speaker, it is appall- Mr. Speaker, I yield 21⁄2 minutes to a Rules Committee. I appreciate his sup- ing to me that people would say that in very hardworking member of both the port as we have worked through dif- this case, after 4 months of decrying Rules Committee and the Committee ficult issues. the status of things, that nothing is on Ethics, my friend from Oklahoma I know we are at the beginning of a better than disclosure requirements, (Mr. COLE). long debate. I am very confident at the that nothing is better than trans- Mr. COLE of Oklahoma. Mr. Speaker, end of the day we will have a legisla- parency, that nothing is better than I thank the chairman for yielding. tive package that will be a marked im- greater accountability. I rise to support the rule and the un- provement. The foundation upon which this bill derlying bill. And I want to first, Mr. Mr. DREIER. Mr. Speaker, may I in- is crafted is something that every Chairman, commend you. I have quire of the Speaker how much time is Member can go home and talk to their watched this process unfold in front of remaining on each side. constituents about. It is something us as we have worked, as you and the The SPEAKER pro tempore (Mr. that will improve the work of this in- Speaker committed we would, through HAYES). The gentleman from California stitution and begin the process of re- regular order, through five different has 51⁄2 minutes. The gentlewoman storing the public trust in the people’s committees, over 4 months, enter- from New York’s time has expired. Chamber. taining dozens of amendments. Mr. DREIER. Mr. Speaker, I yield 21⁄2 Mr. DREIER. Mr. Speaker, I yield I have watched you struggle with the minutes to a hardworking member of myself the balance of the time. numerous amendments we had, and yet the Rules Committee, the distin- As many of my colleagues have said, try to get them down to a manageable guished chairman of the Republican this has been obviously a challenging level, things that actually counted and Policy Committee, my good friend, the time for us. We are dealing with some made a difference in the legislation gentleman from Florida (Mr. PUTNAM). very serious problems in this institu- that let us debate things. Mr. PUTNAM. Mr. Speaker, I thank tion. They are bipartisan. They cross I have watched as you and the Speak- the chairman for his hard work on this party lines. And that is why the Speak- er and others have tried to craft a bill issue. This is another situation where er and I and others felt very strongly that moved us forward, and indeed this the Democrats were for it before they about the need to do what we can to do bill does move us forward. After all of were against it, before they were for it, what we possibly could to ensure that the smoke and all of the rhetoric and before they were against it again. we reached out to both Democrats and everything is said, the real basic ques- It has been interesting to watch this Republicans and a wide range of indi- tion is simply this: Will we be better debate unfold as fingers have been viduals and outside groups and all for off with or without this bill? There is pointed now since the end of last year recommendations. no question we will be better off with about a culture that they have de- I am happy that many of those issues this bill. We will be more transparent, scribed as being corrupt, and yet here have been addressed, and I think it is we will have more reporting by lobby- they come today to oppose a bill that very important for us to ask each ists, stricter supervision, higher pen- addresses many of the same issues that Member to look at the bill as a whole alties for those who transgress, wheth- they have been screaming about for the and answer these very important ques- er they be those amongst us or others past 4 months. tions: Does it increase transparency? in the lobbying and the political com- The Policy Committee did exhaustive Does it increase accountability? Does munity. work, Mr. Speaker, in bringing to- it put more information in the hands of We have a measure of campaign fi- gether groups of Members to talk the American people? Does it protect nance reform that could be triggered about these issues. Reforming the in- the first amendment right of citizens by this legislation. And indeed as you stitution is among the most important to petition their government? Does it pointed out, Mr. Speaker, this is sim- and also among the most difficult strengthen the integrity of the United ply the first step of a long journey. And issues to do, because everyone involved States Congress? it is very important. I appreciate the has an innate understanding of the Mr. Speaker, I am absolutely con- way that you have dealt with the di- issues that we are dealing with and the vinced that the answer to every single lemma of having some who want to go needs of the House from the perspec- one of those questions is a resounding further than we are able to go, and ac- tive of their particular district. ‘‘yes’’ on every single count. No matter tually enact legislation, and those who There was widespread agreement what some have argued on the other do not want to do anything at all. that disclosure, sunshine, account- side, if they want to maintain the abso- And it is always easiest to take one ability should be the three pillars upon lute status quo, it creates the potential of those two positions, because you are which we build this reform effort. And to continue many of the problems that always right. You never have to answer we did that. When it comes to issues we have faced. for anything. But at the end of the day, like travel, as Mr. COLE has described, the Speaker and the chairman have to who has been a leader in a bipartisan b 1700 craft a package that will pass and will effort to reform those practices, it has Virtually everyone has acknowledged put them in a position to negotiate been a very difficult path, but one that while they may not believe that with the Senate. I think they have which has yielded bipartisan results in this bill goes as far as we would like, done that. the form of the amendment that we this is the first step in a process that I also wanted to highlight just briefly will be considering later. will allow us to join with our col- an amendment that may come up later When it comes to making sure that leagues in the other body to deal in a in this debate, which is indeed bipar- there is an opportunity for the public conference with the measure that I tisan in nature, and which I think to know what goes on in this institu- hope is even stronger than this very takes us in the right direction in ap- tion and what interest groups that are important first step that we are tak- propriately regulating private travel, attempting to lobby the Congress are ing.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.042 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1886 CONGRESSIONAL RECORD — HOUSE April 27, 2006 I think that the vice chairman of the ess—of everything we should be ‘‘reforming.’’ today. This proposal was not made in order Rules Committee Mr. DIAZ-BALART put We get a so-called ‘‘Lobbying Accountability under the rule. Thus, we are faced with the it very well when he said that anyone and Transparency Act’’ that offers neither ac- prospect of passing an incomplete ethics re- who casts a vote against this rule is countability nor real transparency. We get a form package that lacks enhanced enforce- saying no to the issue of reform. No, I minority party—and many Members of the ma- ment. don’t want to proceed with bringing jority—completely shut out of the process I think this is a mistake, and for this reason, about the kinds of institutional once again, their amendments denied, their I must reluctantly oppose this rule. changes that will play a role in enhanc- advice and concerns unheeded. We get a re- Mr. DREIER. Mr. Speaker, I yield ing the level of integrity to which the strictive rule that makes in order just nine out back the balance of my time, and I American people can hold this great of the 74 amendments offered—and only one move the previous question on the res- deliberative body. sponsored by a Democrat without a Repub- olution. We hear everyone talking about re- lican cosponsor—and allows for only one hour The previous question was ordered. form. Voices for reform are out there, of debate on what should be one of the most The SPEAKER pro tempore (Mr. and they are very prevalent in the significant bills we consider all year. HAYES). The question is on the resolu- media, here on the House floor, day This leadership had a real chance to enact tion. after day after day. But in just a few real reform, not for the sake of an aggrieved The question was taken; and the minutes we are going to have the op- minority . . . not for the sake of election-year Speaker pro tempore announced that portunity to transform those voices for politics . . . but for the sake of our institution, the ayes appeared to have it. reform into votes for reform. This is for its integrity and its capacity to govern. In- Ms. SLAUGHTER. Mr. Speaker, on our opportunity. stead, they seem to think they can convince that I demand the yeas and nays. Mr. Speaker, with that I urge an the American people that they’re cleaning up The yeas and nays were ordered. ‘‘aye’’ vote on this rule so that we can our House, when all they’re doing is sweeping The SPEAKER pro tempore. Pursu- move ahead with this very, very impor- our problems under the rug. ant to clause 8 of rule XX, further pro- tant reform effort. Well Mr. Speaker, the American people will ceedings on this question will be post- Mr. PRICE of North Carolina. Mr. Speaker, not be so easily fooled. And I assure you that poned. I’d like to join my colleagues in making a point those of us in this body who want real, com- f that seems to be lost on the leadership of this prehensive reform will not rest until we have House: this is not simply a ‘‘lobbyist problem’’ successfully enacted such a measure. But this MESSAGE FROM THE PRESIDENT we are facing. Ensuring that lawmakers com- is not such a measure. I urge my colleagues to oppose this legislation. A message in writing from the Presi- ply with existing ethics rules and enhancing dent of the United States was commu- lobbyist disclosure requirements are important Mr. HULSHOF. Mr. Speaker, it is with regret that I rise today in opposition to the rule be- nicated to the House by Ms. Wanda goals . . . and even on this measure, . . . the Evans, one of his secretaries. so-called ‘‘Lobbying Accountability and Trans- fore us. The ethics process in this body is broken. In parency Act’’ falls embarrassingly short. f all candor, there is plenty of blame to go What started as a limited but seemingly ear- around as to why we find ourselves in this sit- ANNOUNCEMENT BY THE SPEAKER nest attempt at reform has been progressively uation. We undermine the public’s faith in this PRO TEMPORE hollowed out over the past several weeks in— great institution when we let petty politics you guessed it—closed-door meetings with The SPEAKER pro tempore. Pursu- erode the very processes meant to preserve lobbyists. The result is not surprising. Report- ant to clause 8 of rule XX, proceedings the public’s trust in Congress. will resume on two questions pre- ing requirements for lobbyist-hosted fund- I have met with the Majority Leader on this raisers? Gone. No more bargain rates on cor- viously postponed. issue, and I sincerely believe that he has a Votes will be taken in the following porate jets? Gone. A study to examine lob- genuine desire to have an effective, func- byist employment contracts? Gone. order: tioning Ethics process in the House. I thank Motion to instruct on H.R. 4297; But again, this is not simply a lobbyist prob- him for his willingness to listen, and I hope we lem. House Democrats have tried in earnest to Adoption of House Resolution 783. can perhaps address this issue in the future. The first electronic vote will be con- offer a plan for reform that takes a hard look Having previously served on the Ethics ducted as a 15-minute vote. The second in the mirror and examines what Congress Committee, I firmly believe that the ethics will be conducted as a 5-minute vote. must do to clean up its own house. process can work. For the sake of this institu- My colleagues DAVE OBEY, BARNEY FRANK, tion—it must work. And as we begin consider- f TOM ALLEN and I have introduced a fourteen- ation of the Leadership’s ethics and lobby re- MOTION TO INSTRUCT CONFEREES point plan that would address not only indi- form package, I will say there are some provi- vidual abuses, but also the abuses of the leg- ON H.R. 4297, TAX RELIEF EX- sions in the base bill before us that should ulti- TENSION RECONCILIATION ACT islative process. Our proposal would end the mately be adopted—earmark reform, denying OF 2005 practice of keeping votes held open long Congressional pensions to convicted felons, enough to twist recalcitrant arms into compli- enhanced disclosure and improved ethics edu- The SPEAKER pro tempore (Mr. ance. It would prevent legislation from being cation are common-sense proposals that I KUHL of New York). The unfinished slipped into conference reports without con- would hope that we can all support. business is the vote on the motion to ference approval. It would require House-Sen- That being said, I cannot support this rule. instruct on H.R. 4297 offered by the ate conferences to actually meet and vote. Ethics reform is incomplete absent changes to gentleman from Washington (Mr. And it would give Members of Congress at improve the enforcement of House rules. My MCDERMOTT) on which the yeas and least a full day to examine the contents of any colleague JOEL HEFLEY and I have put forward nays are ordered. legislation we are voting on. legislation to strengthen the ability of the Eth- The Clerk will redesignate the mo- We have testified before the Rules Com- ics Committee to dispense with ethics matters tion. mittee in favor of this comprehensive ap- by expediting the review of these issues and The Clerk redesignated the motion. proach. During Rules Committee markup of insulating committee members and non-par- The SPEAKER pro tempore. The this bill and again during the hearing on the tisan staff from the political pressures that can question is on the motion to instruct. rule last night, numerous amendments were pollute the ethics process. We do this by giv- The vote was taken by electronic de- offered and defeated—mostly on party-line ing the Chair and Ranking Member on the vice, and there were—yeas 190, nays votes—that would have implemented these re- committee subpoena power earlier in the in- 232, not voting 10, as follows: forms. The Democratic Substitute, which was vestigative process and prohibiting the arbi- [Roll No. 109] also denied a fair hearing last night, recog- trary dismissal of Members and technical staff. YEAS—190 nized the need to take a comprehensive ap- We also require ethics education for Members Abercrombie Berkley Brady (PA) proach to lobbying and ethics reform. At each and staff, and we dramatically improve disclo- Ackerman Berman Brown (OH) step in the process, our attempts at genuine, sure associated with gifts and travel. All of Allen Berry Brown, Corrine bipartisan reform were turned away. these common-sense reforms would greatly Andrews Bishop (GA) Butterfield So what did we get instead? It’s no surprise: Baca Bishop (NY) Capps improve the ethics process in the House. Baird Boswell Capuano a bill that could serve as a case study in ev- We sought to offer our legislation as an Baldwin Boucher Cardin erything that is broken in our legislative proc- amendment to the bill we are to consider Becerra Boyd Cardoza

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.045 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1887 Carnahan Jones (OH) Rangel Kingston Northup Sensenbrenner Biggert Granger Osborne Carson Kanjorski Reyes Kirk Norwood Sessions Bilirakis Graves Otter Case Kaptur Ross Kline Nunes Shadegg Bishop (UT) Gutknecht Oxley Chandler Kennedy (RI) Rothman Knollenberg Nussle Shaw Blackburn Hall Pearce Clay Kildee Roybal-Allard Kolbe Osborne Shays Blunt Harris Pence Cleaver Kilpatrick (MI) Ruppersberger Kuhl (NY) Otter Sherwood Boehlert Hart Peterson (PA) Clyburn Kind Rush LaHood Oxley Shimkus Boehner Hastert Petri Conyers Kucinich Ryan (OH) Latham Pearce Shuster Bonilla Hastings (WA) Pickering Cooper Langevin Sabo LaTourette Pence Simmons Bonner Hayes Pitts Costa Lantos Salazar Lewis (CA) Peterson (MN) Simpson Bono Hayworth Poe Costello Larsen (WA) Sa´ nchez, Linda Lewis (KY) Peterson (PA) Smith (NJ) Boozman Hensarling Pombo Crowley Larson (CT) T. Linder Petri Smith (TX) Boustany Herger Porter LoBiondo Pickering Sodrel Cummings Leach Sanchez, Loretta Brady (TX) Hobson Price (GA) Davis (AL) Lee Lucas Pitts Souder Brown (SC) Hoekstra Sanders Pryce (OH) Davis (CA) Levin Lungren, Daniel Platts Stearns Brown-Waite, Hostettler Schakowsky Putnam Davis (FL) Lewis (GA) E. Poe Sullivan Ginny Hunter Schiff Radanovich Davis (IL) Lipinski Mack Pombo Sweeney Burgess Hyde Regula DeFazio Lofgren, Zoe Schwartz (PA) Manzullo Porter Tancredo Burton (IN) Inglis (SC) Scott (GA) Rehberg DeGette Lowey Marchant Price (GA) Taylor (NC) Buyer Issa Reichert Delahunt Lynch Scott (VA) Marshall Pryce (OH) Terry Calvert Istook Serrano Renzi DeLauro Maloney McCaul (TX) Putnam Thomas Camp (MI) Jenkins Reynolds Sherman Dicks Markey McCotter Radanovich Thornberry Campbell (CA) Jindal Rogers (AL) Skelton Dingell Matheson McCrery Ramstad Tiahrt Cannon Johnson (CT) Rogers (KY) Slaughter Doggett Matsui McHenry Regula Tiberi Cantor Johnson (IL) Rogers (MI) Smith (WA) Doyle McCarthy McHugh Rehberg Turner Capito Johnson, Sam Rohrabacher Snyder McKeon Reichert Walden (OR) Edwards McCollum (MN) Carter Keller Royce McMorris Renzi Walsh Emanuel McDermott Solis Castle Kelly Ryan (WI) Melancon Reynolds Wamp Engel McGovern Spratt Chocola Kennedy (MN) Ryun (KS) Eshoo McIntyre Mica Rogers (AL) Weldon (FL) Coble King (IA) Stark Saxton Etheridge McKinney Miller (FL) Rogers (KY) Weldon (PA) Cole (OK) King (NY) Strickland Schmidt Farr McNulty Miller (MI) Rogers (MI) Weller Conaway Kingston Stupak Schwarz (MI) Filner Meehan Miller, Gary Rohrabacher Westmoreland Crenshaw Kirk Tanner Sessions Ford Meek (FL) Moran (KS) Royce Whitfield Cubin Kline Tauscher Shadegg Frank (MA) Meeks (NY) Murphy Ryan (WI) Wicker Culberson Knollenberg Taylor (MS) Shaw Gonzalez Michaud Musgrave Ryun (KS) Wilson (SC) Davis (KY) Kuhl (NY) Thompson (CA) Sherwood Gordon Miller (NC) Myrick Saxton Wolf Davis, Jo Ann LaHood Thompson (MS) Shimkus Green, Al Miller, George Neugebauer Schmidt Young (AK) Davis, Tom Latham Tierney Shuster Green, Gene Mollohan Ney Schwarz (MI) Young (FL) Deal (GA) LaTourette Towns Simmons Grijalva Moore (KS) DeLay Leach Udall (CO) Gutierrez Moore (WI) NOT VOTING—10 Dent Lewis (CA) Simpson Udall (NM) Smith (NJ) Harman Moran (VA) Blumenauer Hastings (FL) Ortiz Diaz-Balart, L. Lewis (KY) Upton Smith (TX) Herseth Murtha Evans Jefferson Paul Diaz-Balart, M. Linder Van Hollen Sodrel Higgins Nadler Fattah Millender- Ros-Lehtinen Doolittle LoBiondo ´ Souder Hinchey Napolitano Velazquez Gilchrest McDonald Drake Lucas Hinojosa Neal (MA) Visclosky Dreier Lungren, Daniel Stearns Holden Oberstar Wasserman b 1727 Duncan E. Sullivan Holt Obey Schultz Ehlers Mack Sweeney Honda Olver Waters Messrs. MARIO DIAZ-BALART of Emerson Manzullo Tancredo Hooley Owens Watson Florida, ROGERS of Alabama, OXLEY, English (PA) Marchant Taylor (NC) Terry Hoyer Pallone Watt INGLIS of South Carolina, LINDER, Everett McCaul (TX) Inslee Pascrell Waxman Feeney McCotter Thomas Israel Pastor Weiner Ms. HART, Messrs. SIMMONS, CAN- Ferguson McCrery Thornberry Jackson (IL) Payne Wexler NON, SOUDER, LAHOOD, and FOLEY Fitzpatrick (PA) McHenry Tiahrt Jackson-Lee Pelosi Wilson (NM) changed their vote from ‘‘yea’’ to Flake McHugh Tiberi (TX) Pomeroy Woolsey Foley McKeon Turner Johnson, E. B. Price (NC) Wu ‘‘nay.’’ Forbes McMorris Upton Jones (NC) Rahall Wynn Mr. FRANK of Massachusetts, Ms. Fortenberry Mica Walden (OR) ROYBAL-ALLARD, Messrs. SPRATT, Fossella Miller (FL) Walsh NAYS—232 GUTIERREZ, and SERRANO changed Foxx Miller (MI) Wamp Franks (AZ) Miller, Gary Weldon (FL) Aderholt Castle Garrett (NJ) their vote from ‘‘nay’’ to ‘‘yea.’’ Frelinghuysen Moran (KS) Weldon (PA) Akin Chabot Gerlach So the motion to instruct was re- Gallegly Murphy Weller Alexander Chocola Gibbons jected. Garrett (NJ) Musgrave Westmoreland Bachus Coble Gillmor Gerlach Myrick Whitfield Baker Cole (OK) Gingrey The result of the vote was announced Gibbons Neugebauer Wicker Barrett (SC) Conaway Gohmert as above recorded. Gillmor Ney Wilson (NM) Barrow Cramer Goode A motion to reconsider was laid on Gingrey Northup Wilson (SC) Bartlett (MD) Crenshaw Goodlatte the table. Gohmert Norwood Wolf Barton (TX) Cubin Granger Goode Nunes Young (AK) Bass Cuellar Graves Goodlatte Nussle Young (FL) Bean Culberson Green (WI) f Beauprez Davis (KY) Gutknecht NAYS—207 Biggert Davis (TN) Hall PROVIDING FOR CONSIDERATION Bilirakis Davis, Jo Ann Harris OF H.R. 4975, LOBBYING AC- Abercrombie Cardin Dicks Bishop (UT) Davis, Tom Hart COUNTABILITY AND TRANS- Ackerman Cardoza Dingell Blackburn Deal (GA) Hastings (WA) Allen Carnahan Doggett Blunt DeLay Hayes PARENCY ACT OF 2006 Andrews Carson Doyle Boehlert Dent Hayworth The SPEAKER pro tempore (Mr. Baca Case Edwards Boehner Diaz-Balart, L. Hefley Baird Chabot Emanuel Bonilla Diaz-Balart, M. Hensarling KUHL of New York). The pending busi- Baldwin Chandler Engel Bonner Doolittle Herger ness is the vote on adoption of House Barrow Clay Eshoo Bono Drake Hobson Resolution 783 on which the yeas and Bass Cleaver Etheridge Boozman Dreier Hoekstra nays are ordered. Bean Clyburn Farr Boren Duncan Hostettler Becerra Conyers Filner Boustany Ehlers Hulshof The Clerk read the title of the resolu- Berkley Cooper Ford Bradley (NH) Emerson Hunter tion. Berman Costa Frank (MA) Brady (TX) English (PA) Hyde The SPEAKER pro tempore. The Berry Costello Gonzalez Brown (SC) Everett Inglis (SC) Bishop (GA) Cramer Gordon Brown-Waite, Feeney Issa question is on the resolution. Bishop (NY) Crowley Green (WI) Ginny Ferguson Istook This is a 5-minute vote. Boren Cuellar Green, Al Burgess Fitzpatrick (PA) Jenkins The vote was taken by electronic de- Boswell Cummings Green, Gene Burton (IN) Flake Jindal vice, and there were—yeas 216, nays Boucher Davis (AL) Grijalva Buyer Foley Johnson (CT) Boyd Davis (CA) Gutierrez Calvert Forbes Johnson (IL) 207, not voting 10, as follows: Bradley (NH) Davis (FL) Harman Camp (MI) Fortenberry Johnson, Sam [Roll No. 110] Brady (PA) Davis (IL) Hefley Campbell (CA) Fossella Keller Brown (OH) Davis (TN) Herseth Cannon Foxx Kelly YEAS—216 Brown, Corrine DeFazio Higgins Cantor Franks (AZ) Kennedy (MN) Aderholt Bachus Bartlett (MD) Butterfield DeGette Hinchey Capito Frelinghuysen King (IA) Akin Baker Barton (TX) Capps Delahunt Hinojosa Carter Gallegly King (NY) Alexander Barrett (SC) Beauprez Capuano DeLauro Holden

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.010 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1888 CONGRESSIONAL RECORD — HOUSE April 27, 2006 Holt McNulty Sanchez, Loretta commitments that Members have to- I am sorry. I couldn’t help myself. Honda Meehan Sanders Now, Mr. Leader, the budget. We Hooley Meek (FL) Schakowsky morrow, it is the intention of the ma- Hoyer Meeks (NY) Schiff jority leader to finish the bill under have not voted on a budget yet. And Hulshof Melancon Schwartz (PA) which the rule we just passed on ethics you did not mention it in your sched- Inslee Michaud Scott (GA) and lobbying reform on Tuesday. And ule. Is there any expectation that you Israel Miller (NC) Scott (VA) Jackson (IL) Miller, George Sensenbrenner so the House will convene at 12:30 for might have, Mr. Leader, that the budg- Jackson-Lee Mollohan Serrano morning hour and 2 o’clock for legisla- et might be on the floor either next (TX) Moore (KS) Shays tive business. There will be some sus- week or some week after that? Johnson, E. B. Moore (WI) Sherman pensions. Votes will be rolled until 6:30. I yield to my friend. Jones (NC) Moran (VA) Skelton Mr. BOEHNER. I am hopeful. Jones (OH) Murtha Slaughter On Wednesday and the balance of the Kanjorski Nadler Smith (WA) week, the House will consider H.R. Mr. HOYER. Still? Kaptur Napolitano Snyder 4943, the Prevention of Fraudulent Ac- Mr. BOEHNER. Still. Kennedy (RI) Neal (MA) Solis cess to Phone Records Act. In addition Mr. HOYER. I presume the Appro- Kildee Oberstar Spratt to H.R. 4943, we will do H.R. 4954, the priations Committee, at some point in Kilpatrick (MI) Obey Stark time, will proceed without the budget. Kind Olver Strickland SAFE Port Act, which the Committee Kolbe Owens Stupak on Homeland Security completed yes- Would that be your expectation if we Kucinich Pallone Tanner don’t pass a budget in the near term? terday, and we are continuing to work Langevin Pascrell Tauscher Mr. BOEHNER. I would hope that we with other committees to assure that Lantos Pastor Taylor (MS) would have a budget. Larsen (WA) Payne Thompson (CA) this bill will be ready. I would expect Larson (CT) Pelosi Thompson (MS) Mr. HOYER. Mr. Leader, let me turn this bill to be considered on Thursday. the page here. The other bills that you Lee Peterson (MN) Tierney The committees of jurisdiction have Levin Platts Towns and I have talked about, one in par- Lewis (GA) Pomeroy Udall (CO) also begun to hold hearings on energy, ticular we think is extraordinarily im- Lipinski Price (NC) Udall (NM) and Members should expect votes in portant. I know you feel it is impor- Lofgren, Zoe Rahall Van Hollen the coming weeks addressing America’s Lowey Ramstad Vela´ zquez tant, and that is the pension bill. There Lynch Rangel Visclosky energy needs. That completes my re- are literally millions of Americans and Maloney Reyes Wasserman port on what next week looks like. thousands of companies very concerned Markey Ross Schultz Mr. HOYER. Mr. Leader, could you about the status of the pension con- Marshall Rothman Waters comment perhaps on the Communica- Matheson Roybal-Allard Watson ference. Can you bring us up to date on Matsui Ruppersberger Watt tions Opportunity Promotion and En- whether or not you have any expecta- McCarthy Rush Waxman hancement Act, the Telecom Act. tion that the pension conference would McCollum (MN) Ryan (OH) Weiner I yield to my friend. McDermott Sabo Wexler Mr. BOEHNER. There is a possiblity be completed in the near term and McGovern Salazar Woolsey that the telco bill could get out next come to the floor? McIntyre Sa´ nchez, Linda Wu I yield to my friend. McKinney T. Wynn week. The committee acted. There are Mr. BOEHNER. I appreciate my col- NOT VOTING—10 other committees of interest, and we league for yielding. It is important are working with them. It is too early Blumenauer Hastings (FL) Ortiz that we protect America’s pensions and Evans Jefferson Paul to give a hard commitment that it will that we protect the pension system Fattah Millender- Ros-Lehtinen be up next week. that we have. And having spent some 6 Gilchrest McDonald Mr. HOYER. Reclaiming my time, I years working on this proposal, trust b 1746 thank the gentleman for that informa- me, there is no one wants this finished tion. Of course, there was expectation So the resolution was agreed to. more than me. that we were going to pass the lob- There was some progress last night The result of the vote was announced bying reform act that was offered. We as above recorded. amongst the principals, and I remain are obviously not doing that. You men- optimistic that we will have this fin- A motion to reconsider was laid on tioned that it would be up on Tuesday. the table. ished before the Memorial Day District My question is, is that accurate? I am Work Period. I am hopeful that it will f sure that you would tell the truth, but, be finished before then. But there has PERSONAL EXPLANATION I mean, I want to make that clear. been some movement. There is some Mr. BOEHNER. If the gentleman Mr. JEFFERSON. Mr. Speaker, on the day cooperation with the Senate. And I would yield. have talked to Members on both sides of April 27, 2006, I was unable to vote due to Mr. HOYER. I yield to the majority of the aisle, both the House and Sen- an important prescheduled engagement with leader. ate, that are working together to get the President of the United States for which I Mr. BOEHNER. Let me work with this issue passed. And I am very opti- was granted a leave of absence. I would like you on whether that is actually Tues- mistic. the RECORD to reflect that, had I been present, day or whether we do it first thing Mr. HOYER. Reclaiming my time. I would have voted ‘‘yea’’ on rollcall No. 109, Wednesday morning. Mr. Leader, again, I say this with all and ‘‘nay’’ on rollcall No. 110. Mr. HOYER. I think that is very im- due respect and seriousness. I read in f portant, Mr. Leader, for us to know and the paper today that the conferees met maybe we can work on that because ob- PERSONAL EXPLANATION last night. With all due respect, Mr. viously Members want to speak on Leader, the conferees did not meet last Mr. ORTIZ. Mr. Speaker, due to a family amendments and they would have to night. Apparently, the Republican con- emergency, I was unable to vote during the know whether they have to be back be- ferees met last night. You indicated following rollcall votes. Had I been present, I fore the 6:30 voting if you were going to both sides of the aisle. It is my under- would have voted as indicated below. take it up prior to that. Rollcall No. 109: ‘‘Yes.’’ I yield to my friend. standing, from our conferees, that they Rollcall No. 110: ‘‘No.’’ Mr. BOEHNER. Does the gentleman are not being included in the discus- f want to agree right now that the first sions of the conference. Again, it is our perspective that cuts out about 125 mil- LEGISLATIVE PROGRAM thing, the first order of business on Wednesday morning will be to take up lion Americans that we represent on (Mr. HOYER asked and was given the lobby and ethics reform package? this side of the aisle from discussions permission to address the House for 1 Mr. HOYER. Yes. We have not dis- about an issue that you have worked minute.) cussed that, but I am sure that would very hard on, Members on our side Mr. HOYER. Mr. Speaker, I yield to be fine. have worked very hard on, and that we the majority leader for the purposes of Mr. BOEHNER. If it meets with your all agree is critical to our country and inquiring about the schedule for the approval, I would be happy to do it. to millions of Americans individually. balance of the week and the week to Mr. HOYER. That is acceptable to us. I would hope, Mr. Leader, that you come. We think the bill needs a lot of work, would prevail on the chairman of the Mr. BOEHNER. I thank my colleague and that will give you some more time conference to include our side of the for yielding. Given the hour and the to work on it. aisle in the discussions.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.011 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1889 Mr. BOEHNER. Will the gentleman AMENDMENT PROCESS FOR CON- The Clerk read the title of the con- yield? SIDERATION OF H.R. 4943, PRE- current resolution. Mr. HOYER. We can’t be helpful or, VENTION OF FRAUDULENT AC- The SPEAKER pro tempore. Is there frankly, we can’t know what is going CESS TO PHONE RECORDS ACT objection to the request of the gen- on if we are not in the room. Mr. BISHOP of Utah. The Committee tleman from Georgia? I would be glad to yield to my friend. Mr. FORTENBERRY. Mr. Speaker, I on Rules may meet the week of May 1 Mr. BOEHNER. I appreciate my reserve the right to object. friend yielding. The gentleman has to grant a rule which could limit the (Mr. FORTENBERRY asked and was been involved in a number of con- amendment process for floor consider- given permission to revise and extend ferences himself over his long and dis- ation of H.R. 4943, the Prevention of his remarks.) tinguished career here in the House. Fraudulent Access to Phone Records Mr. FORTENBERRY. Mr. Speaker, in And you realize that at some point, Act. The Committee on Energy and 1872 an outstanding Nebraskan, J. Ster- getting the basic framework or at least Commerce ordered the bill reported ling Morton, began the tradition of some beginning framework together and filed its report with the House on Arbor Day to encourage tree planting. amongst the principals, the committee March 16. One hundred years later, another out- Chairs, is essential before bringing Any Member wishing to offer an standing Nebraskan, John Rosenow, other Members into this. amendment should submit 55 copies of founded the National Arbor Day Foun- The chairman of the conference, Sen- the amendment and one copy of a brief dation to promote Morton’s original ator ENZI, and I have talked about this explanation of the amendment to the goals. Today, I have the pleasure of on several occasions, and I am very Rules Committee in room H–312 of the honoring the fruits of their labor. confident that you, all Members will Capitol by 2 p.m. on Tuesday, May 2, There are over 1 million members of have an opportunity to participate be- 2006. Members should draft their this organization nationwide. cause it has been clear, as it is in all amendments to the text of the bill as These two visionary leaders recog- conferences that I am in, that nothing reported by the Committee on Energy nized that the simple action of plant- is agreed to until everything is agreed and Commerce. ing a tree can protect the environment to. And so the gentleman should have Members should use the Office of and provide resources and beauty for no fears. Legislative Counsel to ensure that generations to come. Thanks to their Mr. HOYER. Mr. Leader, I hope that their amendments are drafted in the efforts and inspiration, today America is accurate. I understand that in any most appropriate format and should is a much greener, healthier, and more conference, the chairman of the con- check with the Office of the Parliamen- beautiful place. Because of their fore- ference ought to take the position that tarian to be certain their amendments sight, people from around the world unless all things are agreed to the con- comply with the rules of the House. enjoy a better quality of life. The ference is not closed on other issues f planting of trees is a great reminder of that might have been tentatively our duty to take responsible actions ADJOURNMENT TO MONDAY, MAY agreed to. But if, frankly, our side of now that will benefit our children and 1, 2006, AND HOUR OF MEETING the aisle is not included, does not have our grandchildren later. the opportunity to put our input into ON TUESDAY, MAY 2, 2006 the issues, very frankly, too often, I Mr. WESTMORELAND. Mr. Speaker, b 1800 have been here a long time. You are I ask unanimous consent that when the As J. Sterling Morton noted, ‘‘Each right, and I have been in a lot of con- House adjourns today, it adjourn to generation of humanity takes the ferences. And those have been real con- meet at noon on Monday next, and fur- Earth as trustees.’’ ferences. They have not been con- ther, that when the House adjourns on The resolution I introduced, House ferences that one side has agreed on, that day, it adjourn to meet at 12:30 Concurrent Resolution 383, supports comes to the conference and says it’s p.m. on Tuesday, May 2, 2006, for morn- the goals and ideals of National Arbor done. ing hour debate. Day and the National Arbor Day Foun- The leader looks at me somewhat dis- The SPEAKER pro tempore. Is there dation. I would like to begin expressing paragingly or at least incredulously objection to the request of the gen- my sincere appreciation to the distin- that there haven’t been such con- tleman from Georgia? guished gentleman from Virginia (Mr. ferences that occurred prior to the There was no objection. DAVIS), the chairman of the Committee leadership of the Republican Party. I on Government Reform; and the distin- f understand what he is saying, but this guished gentleman from California is a pattern, Mr. Leader. We have DISPENSING WITH CALENDAR (Mr. WAXMAN), the ranking member of talked about it on a regular basis. And WEDNESDAY BUSINESS ON the committee, for their help in bring- it is not good for this institution. WEDNESDAY NEXT ing this resolution to the floor. Mr. BOEHNER. Mr. Speaker, will the Mr. WESTMORELAND. Mr. Speaker, This resolution honors National gentleman yield? Arbor Day, which our country will cel- Mr. HOYER. I yield to the leader. I ask unanimous consent that the busi- ness in order under the Calendar ebrate tomorrow. I encourage my col- Mr. BOEHNER. I appreciate the con- leagues and others to join in the cele- cerns raised by my friend from Mary- Wednesday rule be dispensed with on Wednesday next. bration by planting a tree or by taking land, but I need to remind my col- part in Arbor Day activities nation- leagues that the Pension Protection The SPEAKER pro tempore. Is there objection to the request of the gen- wide. By doing so, we can carry on the Act passed right before Christmas with spirit and the tradition of J. Sterling almost 300 votes. There was broad bi- tleman from Georgia? There was no objection. Morton, who once observed, ‘‘Other partisan support for this bill, and it is holidays repose on the past. Arbor Day my intention to maintain that broad f proposes for the future.’’ bipartisan support for an eventual con- SUPPORTING THE GOALS AND I urge support for this resolution. ference report. And the gentleman has IDEALS OF THE NATIONAL Mr. Speaker, I withdraw my reserva- my word that all Members will have ARBOR DAY FOUNDATION AND tion of objection. their opportunity to be engaged in this NATIONAL ARBOR DAY The SPEAKER pro tempore (Mr. conference report. DAVIS of Kentucky). Is there objection Mr. HOYER. Reclaiming my time, I Mr. WESTMORELAND. Mr. Speaker, to the request of the gentleman from appreciate the representation of the I ask unanimous consent that the Com- Nebraska? leader, and I take him at his word. I mittee on Government Reform be dis- There was no objection. have found his word to be good in the charged from further consideration of The Clerk read the concurrent reso- past. I certainly take him at his word, the concurrent resolution (H. Con. Res. lution, as follows: and I thank him for that. 383) supporting the goals and ideals of H. CON. RES. 383 Mr. BOEHNER. It still is. the National Arbor Day Foundation Whereas the National Arbor Day Founda- Mr. HOYER. No doubt in my mind. I and National Arbor Day, and ask for its tion was founded in 1972 and now has nearly am not going to quote Ronald Reagan. immediate consideration in the House. 1,000,000 members;

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.052 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1890 CONGRESSIONAL RECORD — HOUSE April 27, 2006 Whereas John Rosenow, President of the traordinary threat to the national se- the Janjaweed, or any person operating National Arbor Day Foundation, has pro- curity and foreign policy of the United in the states of North Darfur, South vided outstanding leadership of the organiza- States posed by the actions and cir- Darfur, and West Darfur, that is a bel- tion since its founding; cumstances involving Darfur, as de- ligerent, a nongovernmental entity, or Whereas the mission of the National Arbor Day Foundation is to ‘‘inspire people to scribed below. an individual; or plant, nurture, and celebrate trees’’; The United Nations Security Council, —to be responsible for offensive mili- Whereas the National Arbor Day Founda- in Resolution 1591 of March 29, 2005, tary overflights in and over the Darfur tion works to protect and enhance the global condemned the continued violations of region. environment by promoting rainforest preser- the N’djamena Ceasefire Agreement of The designation criteria will be ap- vation, urban and community forestry, and April 8, 2004, and the Abuja Humani- plied in accordance with applicable do- the planting of trees throughout the world; tarian and Security Protocols of No- mestic law, including where appro- Whereas the National Arbor Day Founda- vember 9, 2004, by all sides in Darfur, as priate, the First Amendment of the tion manages the 260-acre Arbor Day Farm to serve as a model of environmental stew- well as the deterioration of the secu- United States Constitution. ardship; rity situation and the negative impact The order also authorizes the Sec- Whereas National Arbor Day Foundation this has had on humanitarian assist- retary of the Treasury, after consulta- distributes more than 8,000,000 trees annu- ance efforts. I also note that the tion with the Secretary of State, to ally through its Trees for America program; United Nations Security Council has designate for blocking any person de- Whereas the National Arbor Day Founda- strongly condemned the continued vio- termined to have materially assisted, tion has worked with the United States De- lations of human rights and inter- sponsored, or provided financial, mate- partment of Agriculture’s Forest Service national humanitarian law in Sudan’s rial, or technological support for, or since 1990, helping to plant nearly 4,000,000 trees in National Forests damaged by fire, Darfur region and, in particular, the goods or services in support of, the ac- insects, or other natural causes; continuation of violence against civil- tivities listed above or any person list- Whereas J. Sterling Morton recognized the ians and sexual violence against ed in or designated pursuant to the need for trees in Nebraska and proposed a women and girls. order. I further authorized the Sec- tree-planting holiday called ‘‘Arbor Day’’ in United Nations Security Council Res- retary of the Treasury, after consulta- 1872; olution (UNSCR) 1591 determined that tion with the Secretary of State, to Whereas it was estimated that more than the situation in Darfur constitutes a designate for blocking any person de- 1,000,000 trees were planted in Nebraska on threat to international peace and secu- termined to be owned or controlled by, the first Arbor Day in 1872; rity in the region and called on Mem- Whereas the observation of Arbor Day soon or acting or purporting to act for or on spread to other States and is now observed ber States to take certain measures behalf of, directly or indirectly, any nationally and in many other countries; against persons responsible for the con- person listed in or designated pursuant Whereas J. Sterling Morton once observed tinuing conflict. The United Nations to the order. The Secretary of the that ‘‘The cultivation of trees is the cul- Security Council has encouraged all Treasury, after consultation with the mination of the good, the beautiful, and the parties to negotiate in good faith at Secretary of State, is also authorized ennobling in man’’; and the Abuja talks and to take immediate to remove any persons from the Annex Whereas National Arbor Day, the last Fri- steps to support a peaceful settlement to the order as circumstances warrant. day in April, will be celebrated on April 28, to the conflict in Darfur, but has con- I delegated to the Secretary of the 2006: Now, therefore, be it Resolved by the House of Representatives (the tinued to express serious concern at Treasury, after consultation with the Senate concurring), That Congress— the persistence of the crisis in Darfur Secretary of State, the authority to (1) supports the goals and ideals of the Na- in UNSCR 1651 of December 21, 2005. take such actions, including the pro- tional Arbor Day Foundation; and Pursuant to IEEPA, the National mulgation of rules and regulations, and (2) requests that the President issue a Emergencies Act, and the United Na- to employ all powers granted to the proclamation calling upon the people of the tions Participation Act (UNPA), I have President by IEEPA and UNPA, as may United States to observe National Arbor Day determined that these actions and cir- be necessary to carry out the purposes with appropriate ceremonies and activities. cumstances constitute an unusual and of the order. All Federal agencies are The concurrent resolution was agreed extraordinary threat to the national directed to take all appropriate meas- to. security and foreign policy of the ures within their authority to carry A motion to reconsider was laid on United States, and have issued an Ex- out the provisions of the order. the table. ecutive Order expanding the scope of The order, a copy of which is en- f the national emergency declared in Ex- closed, was effective at 12:01 a.m. east- BLOCKING PROPERTY OF PERSONS ecutive Order 13067 to deal with this ern daylight time on April 27, 2006. IN CONNECTION WITH THE CON- threat. GEORGE W. BUSH. FLICT IN SUDAN’S DARFUR RE- The order blocks the property and in- THE WHITE HOUSE, April 27, 2006. GION—MESSAGE FROM THE terests in property in the United f States, or in the possession or control PRESIDENT OF THE UNITED BROWNWOOD CHAMBER OF of United States persons, of the persons STATES (H. DOC. NO. 109–101) COMMERCE listed in the Annex to the order, as The SPEAKER pro tempore laid be- well as of any person determined by (Mr. CONAWAY asked and was given fore the House the following message the Secretary of the Treasury, after permission to address the House for 1 from the President of the United consultation with the Secretary of minute.) States; which was read and, together State, Mr. CONAWAY. Mr. Speaker, I rise with the accompanying papers, without —to have constituted a threat to the today to recognize the centennial anni- objection, referred to the Committee peace process in Darfur; versary of the Brownwood Texas Cham- on International Relations and ordered —to have constituted a threat to sta- ber of Commerce. to be printed: bility in Darfur and the region; Brownwood began as a pioneer town To the Congress of the United States: —to be responsible for conduct re- in the 19th century. As the town’s pop- Pursuant to the International Emer- lated to the conflict in Darfur that vio- ulation flourished, the cotton industry gency Economic Powers Act (IEEPA), I lates international law; dominated. With the building of the hereby report that I have issued an Ex- —to be responsible for heinous con- West Texas District Alliance Cotton ecutive Order (the ‘‘order’’) blocking duct with respect to human life or limb Yard and the establishment of the the property of persons in connection related to the conflict in Darfur; Freeman’s Journal, Brownwood became with the conflict in Sudan’s Darfur re- —to have directly or indirectly sup- the center of the Farmer’s Alliance. In gion. In that order, I have expanded the plied, sold, or transferred arms or any 1906, local farmers chartered the scope of the national emergency de- related materiel, or any assistance, ad- Brownwood Commercial Club, later re- clared in Executive Order 13067 of No- vice, or training related to military ac- named the Brownwood Area Chamber vember 3, 1997, with respect to the poli- tivities to the Government of Sudan, of Commerce. cies and actions of the Government of the Sudan Liberation Movement/Army, The Brownwood Chamber is instru- Sudan, to address the unusual and ex- the Justice and Equality Movement, mental in helping the community

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.014 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1891 flourish. In 1940, they negotiated the fighting force in the world, essentially more important than the Congressional home of Camp Bowie, a World War II rationing bullets? Constitution Caucus. training camp for the Army, housing Dahlia Wasfi, a doctor who is half All of us when we came here took an 57,000 soldiers and civilians. After the Jewish and half Iraqi, offered a power- oath to uphold the Constitution of the camp closed, the Chamber created an ful historical analogy. She spoke of her United States. It is one of the greatest industrial park that today houses 3M, mother’s relatives being driven from documents ever written, and one that Kohler, and other corporations which their native Austria to avoid Nazi con- has guided this country and stood us in employ hundreds of people at their centration camps. ‘‘Never again’’ is the good stead over the time that we have Brownwood facilities, greatly contrib- refrain we use when talking about the been a country. uting to the prosperity of the commu- Holocaust. She then spoke of her fa- The Congressional Constitution Cau- nity. ther’s relatives who are ‘‘not living, cus has a statement of its belief: We The Brownwood Chamber continues but dying, under the occupation of this ‘‘will be an effective forum to ensure to serve as a vital organization within administration’s deadly foray in Iraq.’’ that the Federal Government is oper- the community. I congratulate them She went on: ‘‘From the lack of secu- ating under the intent of the 10th on their centennial anniversary, and I rity to the lack of basic supplies to the amendment of our Bill of Rights.’’ am proud to represent Brownwood in lack of electricity to the lack of pota- Those of us on the Congressional Congress. ble water to the lack of jobs to the lack Constitution Caucus are very much f of reconstruction to the lack of life, concerned about the overreaching of liberty, and pursuit of happiness, they the Federal Government. I have spoken SPECIAL ORDERS are worse off now than before we in- on this issue before, but I think it is The SPEAKER pro tempore. Under vaded. ‘Never again’ should apply to important that we continue to high- the Speaker’s announced policy of Jan- them, too.’’ light it for the American people. And I uary 4, 2005, and under a previous order An Iraqi civil engineer named Faiza want to read the 10th amendment: of the House, the following Members also spoke to us. She fled occupied Iraq ‘‘The powers not delegated to the will be recognized for 5 minutes each. last summer after her son, a student, United States by the Constitution, nor prohibited by it to the States, are re- f was detained for several days by the Ministry of the Interior without any served to the States respectively, or to The SPEAKER pro tempore. Under a charges being filed. the people.’’ previous order of the House, the gen- ‘‘He has a beard; so he was a suspect These historic words penned by our tleman from Texas (Mr. POE) is recog- terrorist,’’ she said. Founding Fathers, some of the most in- nized for 5 minutes. Although they said he had com- genious political minds this world has (Mr. POE addressed the House. His mitted no crimes, his family had to pay ever known, set forth an important remarks will appear hereafter in the thousands of dollars to secure his re- principle. The Federal Government Extensions of Remarks.) lease. How is that for the trans- may exercise its specific powers listed f formation of power to freedom? in the Constitution, and the States and IRAQ FORUM Now she and her family are living as the people may exercise all remaining exiles in Jordan, driven away from ev- powers. The SPEAKER pro tempore. Under a erything that was once familiar to Unfortunately, as the authors of the previous order of the House, the gentle- them. But the only other choice was to Constitution have long since passed, woman from California (Ms. WOOLSEY) live in a country whose infrastructure so, too, have many of their foundations is recognized for 5 minutes. has been completely torn down and for our system of government. Between Ms. WOOLSEY. Mr. Speaker, just a never rebuilt. an ever-expanding Federal bureaucracy few hours ago, I heard moving Mr. Speaker, in the name of these that for decades has crept into many testimonials about the impact of the three brave souls, for the sake of facets of traditionally locally con- Iraq war on real people, real families human decency if nothing else, it is trolled government to a Federal judici- and real communities, both American time to end this war, bring our troops ary that time and time again com- and Iraqi. I organized a forum precisely home, and give Iraq back to the Iraqi pletely ignores the intent of the 10th to get beyond the statistics, the strat- people. amendment, the Federal Government egy, and the abstractions, to under- has become wildly inefficient and is f stand the devastating human cost of hemorrhaging tax dollars. The SPEAKER pro tempore. Under a this war. Our caucus will point out that not previous order of the House, the gen- We heard from Charlie Anderson, a only is State and local control over tleman from Pennsylvania (Mr. former marine who suffers from post- programs in line with the Constitution, ENGLISH) is recognized for 5 minutes. traumatic stress disorder and now is a it is a much more cost-effective and ef- (Mr. ENGLISH of Pennsylvania ad- regional coordinator for Iraq Veterans ficient way to provide many domestic dressed the House. His remarks will ap- Against the War. He spoke of the Gov- services to American citizens. It is im- pear hereafter in the Extensions of Re- ernment of the United States having perative that we highlight the need to marks.) failed the men and women it sent to return to a system intended under the war. f reserve clause of the Constitution. He said, ‘‘I was completely untrained And I want to point out several bills and unprepared for what I experienced THE CONGRESSIONAL CONSTITUTION CAUCUS that have been introduced in this ses- in Iraq.’’ sion that are initiatives we hope that He told us, ‘‘In the 7 years preceding Ms. FOXX. Mr. Speaker, I ask unani- will move us forward in this regard. my deployment to the Middle East . . . mous consent to claim the time of the The first one is the Sunset Commission I had not set foot in the desert or had gentleman from Pennsylvania (Mr. legislation. Congressman KEVIN BRADY any training on how to fight or survive ENGLISH). has introduced two bills, both of which there. I had fired my 9-millimeter serv- The SPEAKER pro tempore. Is there would establish a Sunset Commission ice pistol exactly once.’’ objection to the request of the gentle- to review the continued need for execu- And this is the part that blew my woman from North Carolina? tive branch agencies and programs on a mind, Mr. Speaker: Mr. Anderson added There was no objection. regular basis and make recommenda- that after firing his weapon during one The SPEAKER pro tempore. Under a tions to the President to rein in the in- ambush, he said, ‘‘I was told I would previous order of the House, the gentle- evitable mission creep. not be issued replacement ammunition woman from North Carolina (Ms. FOXX) because there was none to be had. My is recognized for 5 minutes. b 1815 platoon sergeant told me ‘do not shoot Ms. FOXX. Mr. Speaker, I am a mem- Federal consent decree legislation, unless your death is imminent . . .’’’ ber of several caucuses here in the H.R. 1229. Congressman ROY BLUNT has Can you imagine that? The mighty House. I am very proud to be so. But introduced this legislation, the Federal United States military, the greatest none of those caucuses, I think, are Consent Decree Fairness Act, that

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.056 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1892 CONGRESSIONAL RECORD — HOUSE April 27, 2006 would level the playing field for State Well, why do we have a refinery Trading Commission, something the and local governments faced with ac- shortage? Actually, that is pretty in- Bush administration doesn’t want to tivist Federal judges that are legis- teresting. Ten years ago, the American do, would drive down the price imme- lating from the bench. Federal consent Petroleum Institute sent a memo to its diately by 25 cents by squeezing out decrees can be an effective judicial members saying, hey, you are not mak- the speculation. tool, but too often activist judges use ing much money with refineries. If you Impose a windfall profits tax on them to lock in policy changes long would facilitate the closing of refin- Exxon-Mobil and others unless and ex- after the State or local official that eries and squeeze down the availability cept they use some of their obscene agreed to the decree has left office. of refinery capacity, you could increase profits to build new refining capacity. H.R. 1229 would make it easier for profits. And then they did. In fact, in That could be exempt from the wind- State and local governments to amend the last decade, through mergers and fall profits tax. Give them a strong in- such decrees. by action of individual corporations, centive to undo this little game they Local control of education. Congress- they have closed 55 refineries in Amer- are playing on the American con- man JOHN CULBERSON has introduced ica. sumers. legislation that would restore State Now they want to blame the environ- Make price gouging a Federal crime. sovereignty over public elementary and mentalists and say there isn’t enough Right now you have to prove two com- secondary education in H.R. 3449. The refinery capacity. Those darn environ- panies colluded, not just one set out to bill would require that a State specifi- mentalists. Guess what? Not one of the price gouge. Change the law. cally authorize operation of any Fed- 55 refineries was closed because of envi- And then OPEC. Remember the President told us he was going to take eral education program for which it ac- ronmental issues. They were closed to on OPEC? He was going to jump on cepts Federal funds, waiving the increase profits. OPEC. He was going to do something State’s rights to act inconsistently The industry has become wildly prof- about their restriction of the supply of with any strings attached to that Fed- itable. Back in 2004, the refiners got 27 oil. We have done nothing. Six of the eral funding. cents on each gallon of gas we bought. OPEC countries are in the World Trade I am proud to be a cosponsor on all Last year, they got 99 cents on each Organization. This President is big on three pieces of this legislation, and in gallon of gas we bought, four times free trade and rules-based trade. They the next few weeks the Congressional higher. That has nothing to do with are breaking the rules. They are vio- Constitution Caucus is going to call at- supply and demand. That is extortion lating all the rules of the WTO. File a tention not only to these bills, but oth- of the American consumer. The Valero Company, now the big- complaint. ers that we are bringing to the atten- To be fair, I asked the last President, gest refiner in America, their chief op- tion of the leadership and the Amer- Mr. Clinton, to file a complaint against erating officer was asked about build- ican people to get us back into compli- OPEC. He was as scared as George Bush ing more refineries, and said, why ance with the Constitution. to file a complaint against OPEC. would we want to do that? We are f It is time to take on the inter- doing very well the way things are. national cartel and the price gouging. The SPEAKER pro tempore (Mr. The President claimed it was envi- We need relief for American consumers DAVIS of Kentucky). Under a previous ronmental restrictions, still does, and now. Stop the price gouging, stop the order of the House, the gentleman from then he offered to allow any oil com- Illinois (Mr. EMANUEL) is recognized for profiteering, and take on this big in- pany to build a refinery on a closed dustry. 5 minutes. military base with no environmental (Mr. EMANUEL addressed the House. restrictions. He had no takers. It is f His remarks will appear hereafter in working exactly the way the American The SPEAKER pro tempore. Under a the Extensions of Remarks.) Petroleum Institute predicted when previous order of the House, the gen- f they recommended the closing of refin- tleman from California (Mr. DREIER) is eries a decade ago. recognized for 5 minutes. STOP OIL COMPANY PROFIT- Now this administration says they (Mr. DREIER addressed the House. His remarks will appear hereafter in EERING AND PRICE GOUGING are not going to go with the windfall the Extensions of Remarks.) Mr. DEFAZIO. Mr. Speaker, I ask profits tax, despite the fact that unanimous consent to take the time of Exxon-Mobil last year had the largest f the gentleman from Illinois (Mr. EMAN- profit of any corporation in history, $36 IN SUPPORT OF FUNDING FOR UEL). billion in one year, $10 million a day. THE FLIGHT 93 MEMORIAL The SPEAKER pro tempore. Is there They were so awash in cash, giving it Mr. RAMSTAD. Mr. Speaker, I ask objection to the request of the gen- back, buying stock back, giving out unanimous consent to claim the time tleman from Oregon? dividends, and $400 million to their of the gentleman from California (Mr. There was no objection. CEO, who wasn’t there very long. It DREIER). The SPEAKER pro tempore. Under a averaged out to a $135,000 pension a day The SPEAKER pro tempore. Is there previous order of the House, the gen- for the time he worked at that com- objection to the request of the gen- tleman from Oregon (Mr. DEFAZIO) is pany. tleman from Minnesota? recognized for 5 minutes. But there is no price gouging or prof- There was no objection. Mr. DEFAZIO. Mr. Speaker, gas is iteering going on here. So the adminis- The SPEAKER pro tempore. Under a bumping 3 bucks a gallon in Oregon, I tration says no windfall profits tax. previous order of the House, the gen- know it is well over $3 a gallon in other They are going to look at gouging. But tleman from Minnesota (Mr. RAMSTAD) parts of the country; and people are they are not going to look into the cor- is recognized for 5 minutes. saying, oh, it is just market forces, porate boardrooms. They are going to Mr. RAMSTAD. Mr. Speaker, I rise supply and demand. go out and look at the corner gas sta- to pay tribute to the fallen American Well, you know, there is no free mar- tions, that are getting record low mar- heroes on United Flight 93, heroes like ket in oil: from the production by the gins as they are squeezed by this non- Tom Burnett, Jr., from Minnesota, who OPEC countries, with the cooperation competitive industry. put country ahead of self on September of Mexico and Russia, where they con- It is past time for Congress to take 11, 2001, as he made the ultimate sac- spire to restrict supply, to the oil com- definitive action. First, Congress rifice. panies themselves, who have created a should subject the trading of oil to the Mr. Speaker, as we all know, Tom black market, that is, a market where same regulations as any other com- Burnett and the other brave American 75 percent of the oil is traded and re- modity. Wipe out the black market in heroes that day overpowered the ter- traded and retraded, driving up the oil where they are jacking up the price. rorist hijackers who sought to crash price for no good reason just to facili- Experts say that one simple step, say- Flight 93 into the United States Cap- tate profits, and then it is delivered to ing oil will be traded like every other itol. America owes all the brave pas- the refineries. We see now that we have commodity, it will be regulated and sengers on Flight 93 a deep debt of a refinery shortage. overseen by the Commodity Futures gratitude for the remarkable bravery.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.061 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1893 And, Mr. Speaker, those of us who Institutes of Health centers around the Strengthening these relationships work here in this building, in this Cap- Nation. and eliminating the duplication and itol, literally owe our lives to the he- The research conducted at these fa- disorganization that results from ad- roes of United Flight 93. cilities, which include several in my ministrative separation of health This week, as family members of the congressional district in New Jersey, is sciences at Rutgers and UMDNJ will go 33 passengers and seven crew of Flight responsible for the continued develop- a long way toward increasing the 93 have been here on Capitol Hill, it is ment of an ever-expanding research scarce flow of Federal research dollars time to say ‘‘yes’’ to funding the Flight base and has contributed to medical to New Jersey. 93 National Memorial plan for the site advances that have profoundly im- By unifying our medical education in Pennsylvania where the plane ulti- proved the length and quality of life for institutions under one umbrella, we mately crashed. Tom Burnett and the millions of Americans. will not only have a better chance of other brave passengers deserve this fit- Over the years, I have vigorously competing for large medical grants and ting memorial, and we should move supported efforts to increase funding contracts, but also attract the best fac- ahead with the project immediately so for NIH, including efforts to double ulty and students from around the Na- the land can be secured. NIH funding in recent years. However, tion. Mr. Speaker, I have been in frequent I am now concerned the President and Furthermore, we will create a strong- contact with Tom Burnett’s parents, House Republicans are abandoning er platform from which new intellec- Tom, Sr., and Beverly Burnett, about their commitment to NIH. Last year, tual property can be generated in close proximity to the largest concentration the site and about the memorial. They they cut overall funding for medical re- of health care companies in the Nation. have long expressed concern that this search, and this year the House Repub- We can reinvigorate the cooperation sacred ground was still in jeopardy of lican budget proposal would only pro- between the medical experts at these purchase by other parties and not prop- vide the same funding for NIH as last year. This would result in an even larg- companies and the academic leaders at erly protected. our new unified medical school. With On that fateful day, on his last phone er cut than last year in which all but these companies already in place right call to his wife, Deena, Tom Burnett three NIH institutes and centers would see their budgets fall for the second in our backyard, just imagine the eco- said, and I am quoting, ‘‘We have got nomic growth that we could foster by to do something. I know we are all year in a row. Mr. Speaker, at a time when Repub- simply bridging all of our health care going to die. There’s three of us who licans are retreating on their commit- academic minds into one institution. are going to do something about it.’’ ment to health research, we must re- Mr. Speaker, I also believe that we Mr. Speaker, that is exactly what main vigilant in demanding the nec- should explore similar consolidation Tom Burnett and the other passengers essary funding to continue plans at other research institutions in of Flight 93 did. They stepped forward groundbreaking research. We must also New Jersey and around the Nation to in an amazing show of patriotism and work to ensure that those entities re- maintain our momentum in the field of self-sacrifice. Now it is time for Con- ceiving NIH funding grants are uti- medical discovery and invention. Our gress to step forward and do something lizing them to the best of their ability. State government in New Jersey has to about it. And I think we must explore ways to explore the possibility of integrating Mr. Speaker, it is absolutely out- consolidate research efforts around the the other medical schools and research rageous to continue to block this me- Nation so that we can eliminate any facilities in New Jersey with nearby in- morial to honor the heroic actions of duplication and maximize every re- stitutions. the passengers of Flight 93. Let me re- search dollar. Mr. Speaker, by combining the best peat that: it is absolutely outrageous In my congressional district, we are of Rutgers and the Robert Wood John- to continue to block this memorial to fortunate to host some of the finest re- son Medical School, I am confident honor the heroic actions of the pas- search and health care institutions in New Jersey will remain a national sengers on Flight 93. It is time for Con- the country that receive NIH grant leader in medical care, education and gress to come together and do what is funding. The city of New Brunswick, research so that we can build a strong- right, just as the passengers of Flight nicknamed the Health Care City, is er State economy, and even more im- 93 did what was right at the cost of home to Rutgers, the State University portantly, improve the health care of all New Jerseyans. their own lives. of New Jersey, Johnson & Johnson, the Mr. Speaker, we should live up to our Robert Wood Johnson University Hos- f commitment now. Flight 93 family pital, and the Cancer Institute of New b 1830 members have passionately explained Jersey, among many other world-class to us again this week why the 1,200 The SPEAKER pro tempore (Mr. facilities. Our State government also DAVIS of Kentucky). Under a previous acres are needed to properly tell the has committed to moving forward with story of Flight 93. Now it is our turn to order of the House, the gentleman from the Stem Cell Institute of New Jersey North Carolina (Mr. MCHENRY) is rec- do our part. New Brunswick. Tom Burnett, Jr., and the other he- ognized for 5 minutes. Crucial to this continued success, (Mr. MCHENRY addressed the House. roes of Flight 93 showed us what brav- however, is ensuring that we have a co- His remarks will appear hereafter in ery is all about. Now we need to step herent structure in place to fully maxi- the Extensions of Remarks.) forward to honor their courageous leg- mize our ability to secure Federal re- acy. We must never forget the ultimate search dollars, corporate investment, f sacrifice made by the passengers and and human talent. PROTESTS IN BELARUS crew of United Flight 93 on September I strongly believe that merging the Mr. SHIMKUS. Mr. Speaker, I ask 11, 2001. Let’s do the right thing. Let’s Robert Wood Johnson Medical School unanimous consent to claim the time do the honorable thing. Let’s support and the School of Public Health with of the gentleman from North Carolina full funding for the Flight 93 memorial. Rutgers University in New Brunswick (Mr. MCHENRY). f is critical to achieving this goal. Al- The SPEAKER pro tempore. Is there though the medical school is now part MAXIMIZING OUR MEDICAL objection to the request of the gen- of the University of Medicine and Den- RESEARCH DOLLARS tleman from Illinois? tistry of New Jersey, it shares many There was no objection. The SPEAKER pro tempore. Under a facilities, faculty, and research respon- The SPEAKER pro tempore. Under a previous order of the House, the gen- sibilities with Rutgers. In fact, it was previous order of the House, the gen- tleman from New Jersey (Mr. PALLONE) once called the Rutgers University tleman from Illinois (Mr. SHIMKUS) is is recognized for 5 minutes. Medical School. recognized for 5 minutes. Mr. PALLONE. Mr. Speaker, for over In addition, the Cancer Institute of Mr. SHIMKUS. Mr. Speaker, I rise a century the Federal Government has New Jersey, a national leader in cancer today to draw attention to the dis- had a strong commitment to bio- care and research, is comprised of fac- turbing reports that I have been hear- medical, behavioral, and population- ulty from the medical school and Rut- ing out of Belarus over the past 24 based research conducted at National gers in nearly equal numbers. hours.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.065 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1894 CONGRESSIONAL RECORD — HOUSE April 27, 2006 Yesterday was the 20th anniversary (Mr. BROWN of Ohio addressed the process has still not begun, with no of the Chernobyl disaster, and also the House. His remarks will appear here- regular hearings, calls for account- day of the first major demonstration after in the Extensions of Remarks.) ability or investigations. The result is against President Lukashenko since f that American troops find themselves the fraudulent elections on March 19. increasingly in the crossfire of warring Early on Wednesday, opposition can- THE WAR IN IRAQ religious groups. Just last weekend didate Aleksander Milinkevich was Ms. DELAURO. Mr. Speaker, I ask eight more U.S. troops lost their lives. brought to police headquarters before unanimous consent to speak out of And the President now says our troops the rally and warned by the KGB the order. will be in the middle of this Iraqi civil consequences of holding the rally and The SPEAKER pro tempore. Is there war at least until 2009. asked to sign a document stating that objection to the request of the gentle- Mr. Speaker, as we go into the fourth he knew what would happen should the woman from Connecticut? year, it is well past time for a firm rally continue. There was no objection. plan to redeploy our troops. This is Mr. Milinkevich boldly refused. And The SPEAKER pro tempore. Under a consistent with the views of our troops, then today around 12 p.m. in Minsk, previous order of the House, the gentle- nearly three-quarters of whom say 2006 Mr. Milinkevich was giving an inter- woman from Connecticut (Ms. is the year to succeed or reassess. It is view to reporters when the police DELAURO) is recognized for 5 minutes. the view of the top U.S. commander in Ms. DELAURO. Mr. Speaker, 1 month showed up and took him to the police Iraq, General George Casey, who told ago the American people stopped to re- station. He was charged with orga- Congress, our troops are ‘‘one of the member the third anniversary of the nizing an unsanctioned rally with re- elements that fuels the insurgency.’’ beginning of the Iraq war. We thought gards to yesterday’s rally in Minsk and So the starting point for new policy first and foremost of the selflessness, is to be serious about making 2006 a received a 15-day sentence. patriotism and heroism by our troops, Also this morning, two other UDF year of transition, and signaling to all our National Guard and Reserves. of the parties in Iraq and the region leaders, Sergiy Kalyakin, the Chair- We also remembered those who have man of the Communist Party, and Al- that they must take responsibility. been wounded in battle, and who need We must hear the advice of our own exander Bukhostov, leader of the our support more than ever. And we Belarusian Labor Party, were sum- military about how to best reduce never forget those whose service meant troop levels without fear of reprisal moned to the City Executive Com- giving their lives for their country. mittee of the Minsk Interior Affairs re- from the administration. We must have Americans are united in this remem- a timetable for a phased reduction of garding their application to hold an- brance, but so, too, Mr. Speaker, do other prodemocratic rally in Minsk on our troops, ensuring a minimal pres- Americans understand that we need a ence within 12 months, with most rede- May 1. They were then taken by police new direction in Iraq, that Congress to the police department and charged ployed by the end of 2006. We must ex- must take up its responsibility and de- pand the training of Iraqi military and with organizing yesterday’s mand that our policy be based on hon- unsanctioned rally in Minsk. Mr. police units, and demand that they be est assessments from our own military. linked to a reduction in American Bukhostov received 15 days in jail, and For too long the U.S. military’s lead- forces. Mr. Kalyakin received 14 days. ership has been ignored and stifled by a And perhaps the most terrible and in- We must establish a contract, as we White House motivated by its own po- did in Bosnia, requiring the key powers timidating incident I have heard of oc- litical and ideological agenda. Indeed, curred yesterday prior to the rally in in the region, including Saudi Arabia when General Eric Shinseki told Con- and Jordan, to be more actively in- Minsk. Prior to a speech at the rally, gress in 2002 that we would need almost opposition activist Anatoly Lebedko volved in security and reconstruction. 400,000 troops to ensure a short and Iraq’s neighbors must understand that was kidnapped, beaten and interro- peaceful occupation, administration of- gated for several hours by members of they have a stake in its success. ficials said he was wildly off the mark We should redeploy our National the KGB, which we can only assume and quickly forced him into retire- Guard to help with homeland security was ordered by the office of President ment. efforts. In coping with disaster, bird flu Lukashenko. Mr. Lebedko was given a Earlier this year, when General or another terrorist attack, our Na- message by these thugs when he was Casey conceded that U.S. forces were tional Guard must be prepared. But a shoved out of the car outside of Minsk. stretched, the Pentagon rushed to issue third of Louisiana’s Guard was in Iraq All they had to say was, we hope you a clarifying statement. And when six during Katrina, slowing relief efforts have drawn the appropriate conclu- former generals who worked closely with deadly consequences. And over 500 sions from this. with Secretary Rumsfeld called for his of my State’s National Guard troops However, the conclusions that I and resignation, the President wasted no are deployed in Afghanistan, because the Belarusian people have drawn is time reiterating his unyielding support the regular Army remains in Iraq in that despite these continued threats for Mr. Rumsfeld. such large numbers. from Lukashenko, the spirit of freedom Mr. Speaker, I wish I had confidence And with respect to Afghanistan, has not died in Belarus. All these peo- that this White House and Secretary of where the Taliban is resurgent since ple wanted to do was hold a peaceful Defense could look beyond their ideo- U.S. troops were diverted to Iraq, we rally to honor those Belarusians who logical agenda to do what is right for should refocus our efforts there and re- died in the Chernobyl accident, and to our national security and our troops, sume our work to stabilize a country come together as a country. but I do not, which is why I believe the that has provided the base for global President Lukashenko may have responsibility to take the lead on Iraq terrorism. tried to stop the rally through these now falls to the Congress. Taken together, this new policy will intimidation tactics, but even if only Yes, Congress was delinquent for too produce a minimal but flexible U.S. one person had shown up despite this long in its oversight responsibilities in troop presence in Iraq within a year. ongoing threat of violence, it means the prosecution of the war, writing That is how we best maintain a strong that freedom lived within the hearts blank checks to the administration military, while making America more and minds of these people, and some- with no requirements for progress or secure. Our troops deserve a Congress day it will come to them again. accountability to the taxpayers, but in that takes its oversight responsibilities I am proud to say, Mr. Speaker, that declaring that 2006 should be a year of seriously, not one that acts as a rubber yesterday in Minsk, thousands of transition in this year’s defense appro- stamp for a White House who is clearly Belarusians rallied in support of free- priation bill, and in finally requiring off track. dom. regular status reports from the admin- Our troops are bearing the burden of f istration, Congress at last showed that our indecision. We owe them a full and The SPEAKER pro tempore. Under a it might be serious about handing over open debate and a new direction. It is previous order of the House, the gen- the security of Iraq to the Iraqi people. not a matter of partisanship, but a tleman from Ohio (Mr. BROWN) is rec- Unfortunately, 4 months into 2006, as matter of patriotism of our country’s ognized for 5 minutes. insurgent violence occurs daily, that stewardship and security.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.068 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1895 The SPEAKER pro tempore (Mr. payers and they need our precious tax This morning the Congress, in a bi- FORTENBERRY). Under a previous order dollars today; not what they were cre- partisan manner, gathered in the Cap- of the House, the gentleman from Indi- ated for 100 years ago or 80 years ago, itol Rotunda, to remember a period of ana (Mr. BURTON) is recognized for 5 but do they deserve our tax dollars history that will resonate forever, and minutes. today? which we must never again see occur. (Mr. BURTON of Indiana addressed The fact of the matter is there is so We grieve for the loss of life, and the the House. His remarks will appear much duplication, there is so much dismissal of humanity. hereafter in the Extensions of Re- waste in this government, and we have Around 280,000 Holocaust survivors marks.) 500-and-some different urban aid pro- live in Israel, constituting 40 percent of the population over age 60. It may f grams, 350 different economic develop- ment programs, more than 100 different seem like time progresses, but the Hol- The SPEAKER pro tempore. Under a job training programs, the war on ocaust remains present and an ongoing previous order of the House, the gen- drugs, multiple programs over about 17 warning. After over 60 years, the Holo- tleman from Michigan (Mr. STUPAK) is different agencies. caust is still a presence, and there are recognized for 5 minutes. It is a terrible waste of tax dollars, living memorials all over the world (Mr. STUPAK addressed the House. and in this day and age when we are dedicated to the memory of those who His remarks will appear hereafter in fighting a war against terrorism, when so cruelly lost their freedom and their the Extensions of Remarks.) we have major deficits, we cannot af- lives and to the continuing education to conquer prejudice, hatred and injus- f ford this type of wasteful government. The SPEAKER pro tempore. Under a tice. Our Constitution requires us to trim I am reminded of the time I spent previous order of the House, the gen- the Federal Government. In fact, with the Holocaust Museum and a Hol- tleman from North Carolina (Mr. Thomas Jefferson, our third President, ocaust Museum family in Houston, JONES) is recognized for 5 minutes. wrote a letter to a friend at that time Texas. Just recently we commemo- (Mr. JONES of North Carolina ad- in his Presidency lamenting the fact rated the bringing over of one of those dressed the House. His remarks will ap- that he was having trouble cutting heinous and horrific rail cars that took pear hereafter in the Extensions of Re- back agencies that had outlived their the Jews in Germany to their death. It marks.) usefulness. is there in Houston for remembrance f So the fight that we have is an his- and an understanding that we should The SPEAKER pro tempore. Under a torical fight. We have actually brought never, never allow that horrific act to previous order of the House, the gen- this bill up to a vote before in the occur again. House. It passed with 272 votes. It did tleman from California (Mr. GEORGE b 1845 MILLER) is recognized for 5 minutes. not move further than that. But I am On April 25, the bustling society of (Mr. GEORGE MILLER of California convinced that by assigning agencies, Israel observed 2 minutes of silence addressed the House. His remarks will there will be no sacred cows, every agency has to justify their existence. while sirens sounded to remember the appear hereafter in the Extensions of Holocaust. Traffic paused, individuals Remarks.) In Texas we have eliminated 44 State agencies, saved over $1 billion. I am stood still on sidewalks, the back- f convinced here at the Federal level, ground then of a robust society waned, and the haunting echo of the sirens FEDERAL SUNSET COMMISSION done right in a bipartisan way with real commitment, we can save tax dol- cried out for relief and justice and ac- The SPEAKER pro tempore. Under a lars. We can make Federal programs knowledgment. previous order of the House, the gen- accountable to taxpayers and save dol- Hundreds of people participated in RADY the March of the Living at the Ausch- tleman from Texas (Mr. B ) is rec- lars. witz-Birkenau concentration camp in ognized for 5 minutes. With that, Mr. Speaker, I yield back, Mr. BRADY of Texas. Mr. Speaker, I Poland. Triumphantly walking through again with thanks to Mr. BISHOP and rise today in support of the Constitu- the infamous gate that still has an om- Mr. GARRETT for leading this caucus at tional Caucus headed by Mr. BISHOP inous dominance over the camp: Arbeit such a key time in our Nation’s his- and Mr. GARRETT, who are determined Macht Frei, Work Will Make You Free. tory. to make sure that government in Memorial services around the coun- Washington and in this country is lim- f try at synagogues, schools, churches, ited to the constitutional role. I appre- The SPEAKER pro tempore. Under a community centers and workplaces ciate their leadership, because that is previous order of the House, the gen- read aloud the names of children who too often forgotten in this Chamber. tleman from Oregon (Mr. BLUMENAUER) perished or reflected on the legacy of One of the pieces of legislation that is recognized for 5 minutes. uprooted families or the meaning of a helps underscore that need is legisla- (Mr. BLUMENAUER addressed the cultural identity after genocide. As we tion to create a Federal Sunset Com- House. His remarks will appear here- walked through the Holocaust Museum mission, legislation I authored 10 years after in the Extensions of Remarks.) in Israel, we were again reminded of ago. the millions of children that died. f The Holocaust’s magnitude of de- I have watched and worked in the struction numbered more than 12 mil- State legislature in Texas to promote, REMEMBERING THE HOLOCAUST lion deaths, including 6 million Jews and here is the benefits of it. What this Ms. JACKSON-LEE of Texas. Mr. and 1.5 million children, more than does is this Commission seeks to abol- Speaker, I ask unanimous consent to two-thirds of European Jewry, and the ish obsolete agencies and eliminate du- address the House and speak out of ramifications of racism, prejudice and plication by putting an expiration date order. stereotyping on a society. on every agency and program where The SPEAKER pro tempore (Mr. We must never, never sit idly by they must justify their existence to GARRETT of New Jersey). Is there objec- while another country or people are taxpayers or face elimination. tion to the request of the gentlewoman suffering. We must never have patience What it does, in practice, is eliminate from Texas? or tolerance or apathy for others who agencies that duplicate each other. There was no objection. will commit crimes against humanity. And the last study showed that Federal The SPEAKER pro tempore. Under a A haunting quote in the United States programs, on average, duplicate five previous order of the House, the gentle- Holocaust Memorial Museum refers to others. So we are wasting money ter- woman from Texas (Ms. JACKSON-LEE) the story of Cain and Abel. The Lord ribly. is recognized for 5 minutes. said, ‘‘What have you done? Listen. As President Ronald Reagan said, the Ms. JACKSON-LEE of Texas. Mr. Your brother’s blood cries out to me closest thing to immortality on this Speaker, I rise today in order to pay from the ground.’’ Earth is a Federal program. Our goal is my respects, and ask my colleagues to The Holocaust forces society and our to end immortality, make sure that join me, in observing Holocaust Re- prosperity to face uncomfortable ques- Federal agencies are responsive to tax- membrance Week. tions such as the responsibilities of

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.071 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1896 CONGRESSIONAL RECORD — HOUSE April 27, 2006 citizenship and the consequences of in- ‘‘The Lord said, ‘‘What have you done? Listen! The size of government has grown tre- difference and inaction and the impor- Your brother’s blood cries out to me from the mendously, we have cause to under- tance of education and awareness. The ground (Genesis 4:11). stand. There is a sense today that a victims of oppression and genocide, The Holocaust forces society and our pos- larger government will meet the re- whether in Germany, whether dealing terity to face uncomfortable questions such as quirements of the citizens today be- with the Armenian people or the people the responsibilities of citizenship and the con- cause one size fits all. We know that in of Sudan, are heard when the world de- sequences of indifference and inaction, and practical life that does not ring true, mands justice and accountability. We the importance of education and awareness. nor does it ring true when we have a must speak for them, those who cannot The victims of oppression and genocide— country today of over 300 million peo- speak for themselves. whether in Germany, whether dealing with the ple and a government that has tried to The Holocaust is a testament to the Armenian people or the people of Sudan—are meet it with one-size-fits-all philos- fragility of democracy. We must reaf- heard when the world demands justice and ophy. firm the fight against prejudice and in- accountability. We see it also in a sense that a gov- tolerance in any form all over the The Holocaust is a testament to the fragility ernment is not like a business. You world, no matter what your religious of democracy. We must reaffirm the fight know, in the private sector, there are background or ethnic background. It is against prejudice and intolerance in any form. certain economies of scale. As a busi- time for the world to link arms against It fills me with grief to know that the leaders ness grows bigger, there are economies intolerance and genocide and fight for of nations can destroy their own—and yet I of scale that makes it more efficient. justice and accountability. hope that we can continue to strengthen the That is not the case with the govern- It fills me with grief to know that means by which we can pursue justice. ment. There are no such economies of the leaders of nations can destroy their f scale. own, and yet I hope that we can Instead, there is a lacking of coordi- MINIMIZE THE FEDERAL strengthen the means by which we con- nation. There is an overlapping of GOVERNMENT tinue to pursue justice. Hope springs agencies, and, again, what we have to eternal, and I hope for us it is of real The SPEAKER pro tempore (Mr. do is look to recent GAO reports that meaning as we fight for justice and FORTENBERRY). Under a previous order just recently came out. This case, in equality and the elimination of geno- of the House, the gentleman from New the case of FEMA, overlapping of the cide. Jersey (Mr. GARRETT) is recognized for agencies, of other agencies, mis- Mr. Speaker, I rise today in order to pay my 5 minutes. management in the agencies, we saw respects, and ask my colleagues to join me in Mr. GARRETT of New Jersey. Mr. that this agency could not deal with observing Holocaust Remembrance Week. Speaker, I rise tonight to, first of all, the circumstances that came before it. This morning, the Congress gathered in the commend the work of a gentleman Our Founding Fathers understood Capitol Rotunda to remember a period of his- from whom we will be hearing shortly, this. Thomas Jefferson realized that as tory that will resonate forever, and which we the gentleman from Utah, for his ef- the government grows, he said, quote, must never again let occur. We grieve for the forts to come to the floor on a regular the natural process of things in govern- loss of life and the dismissal of humanity. basis to lead the charge of the Con- ment is for liberty to yield and for gov- Around 280,000 Holocaust survivors live in stitutional Caucus to return the focus ernment to gain ground. Government Israel, constituting 40 percent of the popu- of this House and also the American has gained ground in too many specific lation over age 60. It may seem like time pro- public on what our Founding Fathers areas, and our liberty has been yield- gresses, but the Holocaust remains present, intended, and that is the basis of this ing. Again, I commend the gentleman and an ongoing warning. country, the U.S. Constitution; and from Texas for his efforts to try to rein After over 60 years, the Holocaust is still a also to rise to commend the work of a in that size of the government. presence, and there are living memorials all Member from Texas who has just pre- I would just make some suggestions over the world dedicated to the memory of viously spoken on his efforts toward as we go forward with that piece of leg- those who so cruelly lost their freedom and that goal and his aim on his legislation islation. What we need to do, I believe, their lives, and to the continuing education to that he spoke to previously just a few is make sure that legislation has some conquer prejudice, hatred, and injustice. moments ago on setting up a Sunset real teeth to it to be able to get the job On April 25th, the bustling society of Israel Commission in order to try to rein in done. We know that there is already observed two minutes of silence while sirens this ever-growing government that we outside organizations that are always sounded to remember the Holocaust. Traffic have today. looking at the Federal Government to paused, individuals stood still on sidewalks, We know this government has been see to it whether it is being efficient or the background din of a robust society waned growing over recent years. If we can go not. and the haunting echo of the sirens cried. back to 1925 when then-President Cal- We need an agency within the Fed- Hundreds of people participated in the vin Coolidge said then, when the gov- eral Government that will have teeth, March of the Living at the Auschwitz-Birkenau ernment was as small as it was at that be able to get the job done. It needs concentration camp in Poland, triumphantly point in time, he said, quote, govern- more than just to analyze it. One of the walking through the infamous gate that still ment is growing, quote, to encumber ways we can do that is to have that has an ominous dominance over the camp: Al- the national government beyond its Sunset Commission have a BRAC-like beit Macht Frei (Albeet Mahkt Fray), Work Will wisdom to comprehend or its ability to formula to it so that way it will be Make You Free. reach alternatives and to advocate for easier for the proposals to come to Memorial services around the country, at the people, end quote. Even then in Congress, just like we did with the synagogues, schools, churches, community 1925, Calvin Coolidge realized the gov- BRAC Commission to have simply an centers, and workplaces, read aloud the ernment had far exceeded the merits up-or-down vote on those agencies that names of children who perished, or reflected the Founding Fathers intended for this are no longer doing their job and those on the legacy of uprooted families, or the country. agencies are just simply not getting meaning of a cultural identity after a genocide. Today we see it as well. Today, of the job done. The Holocaust’s magnitude of destruction course, we have official reports to con- But we have to go a little bit further numbered more than 12 million deaths, includ- firm the same thing. GAO recently than that, because we are not simply ing 6 million Jews and 1.5 million children came out with a report and certified looking at duplication of services and (more than 2/3 of European Jewry), and the and stated that the GAO cannot certify efficiencies. We also have to add one ramifications of prejudice, racism and stereo- the government’s financial records for additional criteria to that BRAC-like typing on a society. We must never, NEVER, the last 8 years in a row. They say commission for the Sunset Commis- sit idly by while another country or people is there are weak accounting practices, sion. That is a very fundamental one, suffering. We must never have patience, or mismeasurements and mismanagement and that is the question, are the agen- tolerance, or apathy, for others who would of assets and liability and costs. We see cies that this Commission is going to commit crimes against humanity. A haunting that today. be looking at, are the agencies doing quote in the United States Holocaust Memorial Why is this that we see this? Because something that they have the legal Museum refers to the story of Cain and Abel: of certain problems in different areas. right to do? That is to say, do they

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.078 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1897 have the constitutional right to do rule our own lives, which is another people of having a Sunset Commission. what they are doing right now? reason why the Constitutional Caucus I appreciate also being here when the You know, it is not enough to say is supporting the creation of this Sun- gentleman from New Jersey Mr. GAR- that it is efficient. It is not enough to set Commission. RETT talks about the Constitutional say that it is not duplicating services The administration actually started Caucus and the effort it is to try to re- someplace else. It has to be legal in this ball rolling several years ago with establish the right and proper balance what it is doing. When Members of the introduction of their Program As- between government; for indeed the Congress come to vote each day on sessment Rating Tool, or PART, the purpose of that is to ensure that the floor, we bring out these little cards, results of which have been the basis of power belongs to people to rule their and we put them in the little slot here. administrative decisions on budget own lives, to States to be in their I think every Member of Congress proposals every year now. The key now sphere of government, and the Federal every time he votes should be asking is to give these recommendations some Government to maintain its balance that question: Is it legal, is it constitu- legislative teeth, which is something and its purpose where it was constitu- tional? And that is exactly what the that the former Director, as well as the tionally designed to be. Sunset Commission should be doing as Budget Director of OMB, has urged us. f well. He wrote, one time, we need to in- The SPEAKER pro tempore. Under a I will just conclude on this, Mr. volve Congress more directly in hold- previous order of the House, the gentle- Speaker. A former Member from years ing agencies and programs accountable woman from New York (Mrs. MALONEY) ago, Barry Goldwater, came to speak for their performance through a Sunset is recognized for 5 minutes. once, and he said that when he came to Commission which provides regular (Mrs. MALONEY addressed the Washington, he did not come to Wash- formal scrutiny of Federal programs. House. Her remarks will appear here- ington to make it more efficient or to This bipartisan Commission would re- after in the Extensions of Remarks.) streamline it. He came to Washington view each Federal program on a sched- f to eliminate it. The Founding Fathers ule established by Congress to deter- The SPEAKER pro tempore. Under a had the exact same idea. They did not mine whether it is producing results previous order of the House, the gen- mean that our Federal Government and should continue to exist. Programs tleman from Georgia (Mr. GINGREY) is should be simply an inefficient govern- would automatically terminate accord- recognized for 5 minutes. ment of exceeding abilities of powers, ing to the schedule, unless the Con- (Mr. GINGREY addressed the House. but should be a limited one by our Con- gress took action to continue them. His remarks will appear hereafter in stitution. That is what the Constitu- Mr. Speaker, I suggest also that one the Extensions of Remarks.) tional Caucus is all about. That is what of the things we might want to do is f the Sunset Commission can do as well. expand it to one other role. Many GENOCIDE IN SUDAN I applaud the Member for advocating States, including mine, have a regu- latory oversight committee, which The SPEAKER pro tempore. Under a that and moving along with that legis- previous order of the House, the gentle- lation. means a committee of the legislative body which meets on a regular basis to woman from California (Ms. WATERS) is f review all rules that are established recognized for 5 minutes. Ms. WATERS. Mr. Speaker, I rise once The SPEAKER pro tempore. Under a and step in where rules established by again to condemn the genocide that is taking previous order of the House, the gen- the bureaucracy become egregious. tleman from Maryland (Mr. CUMMINGS) Let’s face it. All legislative bodies place in Darfur, Sudan and to voice my sup- port for the individuals and organizations is recognized for 5 minutes. are sometimes sloppy. Sometimes we throughout the United States who work tire- (Mr. CUMMINGS addressed the have a grand idea, and then we will em- lessly to stop this crime against humanity. I House. His remarks will appear here- power an agency to implement that would like to recognize the ‘‘Teens Against after in the Extensions of Remarks.) idea. Oftentimes those implementa- Genocide’’ organization—also known as f tions, those rules and regulations, they ‘‘TAG,’’ in particular, for its efforts in Los An- go awry. When there happens to be no- PROPER BALANCE BETWEEN geles, California. body directly accessible or accountable STATE AND FEDERAL POWERS Among many other events, TAG has joined to citizens who can then go to that and with religious, advocacy, and charity groups in The SPEAKER pro tempore. Under a attack and change that rule, well, that the area to organize ‘‘Camp Darfur.’’ Camp previous order of the House, the gen- is when problems develop. That is why Darfur is an ‘‘interactive awareness and edu- tleman from Utah (Mr. BISHOP) is rec- we need to have legislative bodies who cation event that [brings] attention to the ongo- ognized for 5 minutes. could step in and set things right. ing genocide in Darfur and [gives] individuals Mr. BISHOP of Utah. Mr. Speaker, Much of the erosion of States rights the opportunity to discover their own power to Justice Brandeis, as we have talked in our country’s history has come from make a difference.’’ once before, has said States are the unaccountable Federal agencies that On April 7, 2006, Camp Darfur first opened ideal laboratory for democracy, for in- grow and then wrap their arms around in Lennox, California, on the sports field of deed they have the better ability of States and people and don’t ever want Lennox Middle School adjacent to LAX. In ad- being creative, and, if the creation goes to let go. Congress has certainly done dition, TAG organized a rally and brought wrong, can move back from that, from its part to ignore 10th amendment Camp Darfur to Westwood, California last the Federal Government. For indeed issues. Courts have also siphoned off Sunday, April 23, 2006. Through candlelight when we try to be creative, and it goes some power. But a slow and insidious vigils, interactive presentations, video, photog- wrong, the entire Nation has an impact encroachment of Federal agencies is raphy, speeches from experts, legislators, and with it. perhaps the worst of these influences. educators, simulated refugee camp exercises, The idea of a Sunset Commission is A Sunset Commission would put us the groups joining TAG are expanding the one which has been experimented on by on the road to solving this. It would awareness of the atrocities taking place in various States, various times for a sev- force every Federal agency to its use- Sudan to bring about peace. It is even more eral or a few years now. As our good fulness, review its own mission, justify significant that teens are undertaking such friend Mr. BRADY from Texas clearly its own existence, or face some kind of mature efforts of advocacy for issues in which said, it has proven effective in cutting elimination. It would also allow a re- they truly believe. away bureaucracy, eliminating ineffi- view of regulations and standards to I applaud these young adults and organiza- cient agencies, letting go of outdated make sure they are logical, legitimate, tions and would like to let the American peo- programs, and also saving the tax- and within the scope of the legislative ple know that Camp Darfur will be brought payers money. empowerment that created them in the from Los Angeles to Washington, DC in the Another way of saying that is this first place. near future. We must offer our continued sup- Commission can make citizens of I appreciate the opportunity being port for these efforts and others in order to America more free, can keep govern- here on the same evening when Mr. bring about action. In fact, this coming Sun- ment within its proper bounds and help BRADY, the gentleman from Texas, re- day, April 30 at 2:00 p.m. in front of the Cap- us to keep more of our own money and introduced his bill to the American itol, the ‘‘Save Darfur Coalition’’ will hold the

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\K27AP7.079 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1898 CONGRESSIONAL RECORD — HOUSE April 27, 2006 ‘‘Rally to Stop Genocide.’’ The murder, rape, uary 4, 2005, the gentleman from Iowa And then right in that recession we and torture that have occurred—and still (Mr. KING) is recognized for 60 minutes saw the September 11 attack on the occur—in Sudan must stop. as the designee of the majority leader. United States, on our financial centers, In July of 2004, the House of Representa- Mr. KING of Iowa. Mr. Speaker, I on the Pentagon, and of course on the tives and the Senate declared that the atroc- very much appreciate the privilege to plane that crashed in the field in Penn- ities occurring in the Darfur region of Sudan address you. In addressing you, I recog- sylvania. And that was an attack, constituted genocide. On September 9, 2004, nize the American people’s ears are again, on our financial centers with an Secretary of State Colin Powell declared that tuned as well. It is a precious right we attempt to cripple our economy. Well, ‘‘genocide has been committed in Darfur, and have, our freedom of speech we have in not only did it hit a difficult hard blow that the government of Sudan and the this country, and we exercise it on the to our economy but, at the same time, Janjaweed bear responsibility.’’ It is estimated floor of this Congress on a regular this Congress made the decision to that 200,000 people were killed by govern- basis, and I appreciate it on both sides spend hundreds of billions of dollars in ment forces and militias from 2003 through of the aisle. homeland security, so we also had to 2004, and an additional 200,000 people died I came to the floor this evening, Mr. spend hundreds of billions of dollars in as a result of the deliberate destruction of their Speaker, to address the energy situa- our Department of Defense funding to homes and livelihoods. tion that we have in the United States carry out this global war on terror. Nevertheless, almost two years later, these of America. We have watched our gas So we increased our spending in de- atrocities continue unabated. The government prices go up to $3 a gallon and more in fense, we created a Department of of Sudan continues to carry out air strikes the last few weeks. There was a time Homeland Security, and we dramati- against civilians in Darfur, and the Janjaweed when it was headed in that direction, cally grew the spending in homeland militias, with the support of the government, and it headed back down again, and security all at the time when our econ- continue to terrorize the people of Darfur. now it is back up, and who knows omy was being compressed and reduced Earlier this year, I traveled to Sudan as part where it is going to stop. We never because of the hit on our financial cen- of a bipartisan congressional delegation led by know where it is going to stop. ters of September 11 and because of the my good friend from California, Minority Lead- The American people are concerned bursting of the dot-com bubble. And er Nancy Pelosi. We visited the camps. As far about this, Mr. Speaker, and they the vision of President Bush was that as the eyes could see, there were crowds of should be. We have debated energy on we had to cut taxes to stimulate the displaced people who had been driven from this floor many, many times, and we economy, and so we did that. their homes, living literally on the ground with have kicked back and forth issue after We did that in two rounds here in little tarps just covering them. It is unconscion- issue that has to do with how we are this Congress, Mr. Speaker. And we able that this should continue. going to provide an adequate energy said today that last year our revenue Our delegation also met with Sudanese Vice supply to keep this economy churning. increase by 141⁄2 percent greater than President Taha. He was unapologetic, he was This economy is churning, Mr. anticipated, and this year it is going to arrogant, and he was uncompromising on their Speaker. It is churning consistently. It be double digits again, greater than an- position in Darfur. Sudanese government offi- has got some really unprecedented ticipated. These tax cuts have worked. cials don’t like the use of the word ‘‘genocide,’’ growth. Ten of the last eleven suc- They have brought us out of this reces- but Vice President Taha admitted that they ceeding quarters have had more than 3 sion that was caused by the bursting of had funded the Janjaweed in order to retaliate percent growth in our gross domestic the dot-com bubble and the September against the rebels of the south who were re- product. That is a growth rate that one 11 attacks. sisting the Sudanese government. has to go back to the early Reagan But into the middle of all of this we There can be no doubt that what is taking years to match. have the energy issue, the energy issue place in Darfur is genocide, and the govern- Yet this growth rate that we have in that has gas prices up to $3 a gallon or ment of Sudan is responsible. There are two this environment, this more than 3 per- more as it becomes closer and closer, million displaced people in camps in Darfur cent growth of our gross domestic potentially, to an energy crisis. Now, and another 200,000 in camps in neighboring product for 10 of the last 11 succeeding someone once asked, what is the solu- Chad. Each month, it is estimated that another quarters, or preceding quarters, is tion to $3 gas? All of America is asking 6,000 people die. matched back to those Reagan years. that question today. What is the solu- On April 5, 2006, the House of Representa- But in those years, we were under high tion to $3 gas? And some wag re- tives passed H.R. 3127, the Darfur Peace and inflation, high unemployment and high sponded, well, $3 gas is the solution to Accountability Act. This bill imposes sanctions interest rates. $3 gas. Now, I am not sure that $3 gas on the government of Sudan and blocks the brings us the answer to this, but I do b 1900 assets and restricts travel for individuals who believe $4 or $5 or $6 gas will bring so- are responsible for acts of genocide, war It was a lot harder to make a predict- lutions to a lot of our energy problems crimes or crimes against humanity in Darfur. I able profit back in those early years in this country and energy problems urged my colleagues to support this bill, which than it is in this environment. Today, around the world. passed the House by an overwhelming vote of this is 3 percent growth-plus. It is more We have been, really, beneficiaries of 416 to 3. This legislation was long overdue. than 3 percent growth, but we are a fairly cheap fuel over the years. We The world stood by and watched the geno- doing this in an environment of rel- have had good access to resources here cide that occurred in Rwanda. The world has atively low interest rates and lower un- in the United States; and our oil com- noted over and over again the atrocities of the employment rates and lower inflation panies, especially American oil compa- Holocaust. Yet we cannot seem to get the rates. So this economy has had perhaps nies, have gone overseas, developed the international community to move fast enough the longest run and been the healthiest oil supplies in the Middle East, for ex- to stop the genocide that is taking place in economic environment I have seen in ample, the Libyan oil fields and the Darfur. my lifetime. Iraqi and Iranian oil fields, and the list The world cannot continue to turn a blind I am thankful President Bush stood goes on. Our American companies have eye to genocide when it is staring us in the up and took the lead after the bursting been integral to the development of the face. We must put an end to these atrocities, of the dot-com bubble, which sent the oil supply that is coming to the United or millions more will die. United States toward a recession. As States today, and that oil is coming Mr. Speaker, I urge my colleagues to en- the dot-com bubble burst, we had spec- out of the ground cheap, and it came to courage and support the work done by advo- ulators that were investing in our new the United States cheap. cacy groups such as Teens Against Genocide technological ability to store and Not very long ago we had gas at a and to continue legislative action to stop these transfer information faster than ever $1.07. I don’t remember anyone in crimes against humanity. before without regard to what that America saying since we have such f value was worth in the marketplace. cheap gas prices, we ought to pay a lit- And so the economy, the dot-com bub- tle extra to these oil companies that ENERGY PRICES IN AMERICA ble burst, and that sent us towards a have invested their capital to go out The SPEAKER pro tempore. Under recession, and some will say in a reces- and drill and explore around the world the Speaker’s announced policy of Jan- sion. so that we have an adequate supply of

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.017 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1899 energy. No, American consumers did I look at what is going on in Iran, for understand that Israel cannot, if they what consumers do: they pumped the example, and the nuclear threat that are going to survive as a nation, sit $1.07 gas in their cars, they drove a lit- they have become. They have clearly back and wait and walk through this tle more, and maybe bought a car that stated to the world over and over diplomatic jungle and allow Iran to burned a little more gas and got a lit- again, we are going to enrich our ura- have a nuclear capability. They cannot tle less mileage than they might have nium, and they claim that they have. wait. And we here in the United States otherwise and looked at that as some- They put on a play where they had must also take a responsibility to thing that was going to go on, cheap dancers dancing around on the stage eliminate a nation’s ability to conduct gas into perpetuity. each with a vile of enriched uranium to a nuclear strike against their neigh- But we know that those situations demonstrate that their 164 centrifuges bors. This cannot be tolerated. have a way of coming home to roost. are now producing this enriched ura- Yet as the world markets look at We are the beneficiaries of an energy nium. And they need dozens and per- this, they understand also the risk that policy that was driven globally by cap- haps hundreds more to be able to there will be some military action ital investment of American oil compa- produce a large enough quantity to someday in Iran. If that action takes nies and the people who invested in produce a bomb. place, and some say when that action those American oil companies. And the But if they are telling the truth takes place, there is a high risk that import oil that was coming in was about their ability to enrich the ura- the oil production out of that region coming in to America cheap. But today nium, and I believe they are; and if between Iran and potentially Iraq it is a different environment. That en- they are telling the truth about their could be shut down. If that is shut vironment has turned. conviction to move forward to develop down, there will be a tremendous im- And as we saw our prices go up dur- a bomb, and I believe they are, then it pact on the energy prices all over the ing Katrina and Rita, when our refin- is just a matter of time. And the time world. eries were shut down, down in the gulf question is whether it is months or That tremendous impact will affect coast, a good number of our platforms years before they get to that point the global prices for oil that are now at were wiped out in the hurricanes in the where they will be able to have a nu- all-time highs and have gone from, not gulf coast and a large percentage of clear weapon. very long ago, $15 a barrel to, the last America’s energy supply was shut It was just announced this morning I checked, $75 a barrel. And you think down during and in the aftermath of that they have purchased the means to how can we have $3 gas? Well, think in Katrina. It took us a while to get back deliver it, a means that would give terms of $75 a barrel and there is 42 gal- on line, and it is going to take us a them as much as a 2,000 mile range if lons in a barrel. When it gets up to $84 while longer to get our production they could put a nuclear warhead on a barrel, if you have 100 percent gas out back up to where it was prior to top of the missiles that they allege and of a barrel, then you would still be at announced today that they have ac- Katrina. Some of the refineries are not $2 just to purchase the crude. Then you quired from North Korea. So this is a back up to speed yet; and some of the would have to go through the refinery serious threat to the world, and not platforms, I understand, are not quite process and peel out the oil and the just the peace of the world. It is a up to speed yet either. diesel fuel and pay for the energy con- threat to the survival of Israel. And So we don’t have the American sup- sumption that it takes to crack out a that, Mr. Speaker, might be another ply of either oil or natural gas coming gallon of gas. But $3 gas is not a price subject; but it is a threat to the entire that we had prior to Hurricane gouge if you are buying the oil at $75 a energy production and delivery system Katrina, and yet there is work to be barrel. of the world. done. We passed some energy bills here I will say, in defense of the oil com- So we have a rogue nation, an evil in the last couple of years. We passed panies, that they have invested their empire, if they are not quite an empire two that I recall. One of them ad- yet, Iran, which is sitting on those capital. They have done the research dressed the situation of not having massive supplies of oil and developing and development. They have done the enough refineries. But in the United nuclear capability because, they claim, field exploration. They have identified States we have not built a new oil re- at least they used to claim, that they their reserves of oil. And when they finery since 1976. Now, that works out need a nuclear capability to generate have done so, that has been their cap- to be 30 years, Mr. Speaker, without electricity in Iran. That an oil-rich na- ital that was invested. They had to in- building a refinery. tion would develop a nuclear capability vest on the prospects of being able to It is true we have expanded some of to generate electricity never was a be- find new oil fields and then expand the ones we had, but we have also shut lievable allegation, especially when their wells into those and set up a dis- down a significant number of those you are considered a nation that tribution system that could come back that we had. Our ability to refine our doesn’t have the ability to refine its to the market. And in this process of oil for our consumption here in the own crude oil for the gas that goes into doing that, they need to make a profit United States has diminished to where the cars they drive around in cities if they are going to have the capital to we cannot meet that demand of refin- like Tehran. do any more exploration. ing all of our own today. And that is an One would think, if they wanted to So I am not one, Mr. Speaker, that important component. It is important move into the future world, they would would say that we should put a wind- we are able to refine all the oil that we do so by building refineries so they fall profit tax on the very people that consume in America, that we produce could refine the crude oil that they are producing the most oil for us, be- and consume in America. That gives us pump out of the ground in Iran, burn cause they are the ones that are con- at least a modicum of independence the gas and the diesel fuel in the na- tributing to the overall supply of en- from the price of foreign oil. tion of Iran, and export a refined prod- ergy. And those that contribute to the So we took some steps here in this uct rather than a crude oil product. overall supply of energy are the ones Congress to site some new refinery lo- But, no, Mr. Speaker, their priorities doing the most to keep the price down, cations and to provide so that we could went towards developing a nuclear ca- Mr. Speaker. build those refineries and get them up pability. So a windfall profits tax acts in the on line. It takes a little while to do It has put the world on notice that opposite direction. If I am Enron, for that. We just initiated that, and along we are at great risk today, and that example, and I made $10-something bil- came Rita and Katrina, and it set us risk is missiles that will soon be aimed lion in a quarter, and if we are making back again. So we find ourselves in this at, if not today, aimed at places like noises from the floor of this Congress situation where our domestic supplies Tel Aviv, probably not Jerusalem right like, way to go, Enron, you produced a have been reduced at the very time away. But the threats to annihilating lot of oil and we know you made some that the threat of violence around the Israel will force them, I think, to take money; we hope you invest that back world has slowed down some of the oil action if there isn’t some other solu- in oil exploration in places in the world supply that is coming through, and it tion. so that there is a supply for us this has diminished the optimism of the in- Well, the energy world is looking at year, next year, a decade from now, a vestor market. this volatile situation in Iran, and they generation from now, so that oil comes

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.086 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1900 CONGRESSIONAL RECORD — HOUSE April 27, 2006 back to the United States and we can been a pollution caused by that gas Mr. Speaker, 38 trillion cubic feet of consume it. We need this energy sup- that came from the drilling. Not off- natural gas on the North Slope of Alas- ply. If we just go out there and starve shore or onshore. ka and 406 trillion cubic feet of natural the goose that lays the golden oil, or We saw natural gas escaping down off gas on the Outer Continental Shelf of golden barrel of crude oil, eventually the gulf coast of New Orleans. As it the United States. That is 406 trillion we will find the prices of crude going bubbled out of the water, only two cubic feet, and a lot has still not been up higher and higher and higher be- things can happen. One is it evaporates properly inventoried. cause there will be less supply. into the air and dissipates. And the So we have this massive supply of So we have done some things in this other is if you strike a match to it, you natural gas. We have seen our natural country that were not very smart, and will burn that gas off. But, Mr. Speak- gas prices go up as many as five times it has been because our hands have er, that is not a pollution to our envi- the retail price. I will say it has gone been tied here and over in the Senate ronment. up five to six times in the last 5 to 6 by environmentalists. It isn’t so much Yet the environmentalists want to years is the best way to describe that. that they are concerned something is block all of the drilling that we can So we are all paying the price of high going to happen to the environment. I possibly provide here in the United natural gas. We are paying a price for have a difficult time looking around States. They want to block it on land higher fertilizer in the Corn Belt. It is the oil fields and finding damage to the and on sea. And if we could find some costing us more to heat our homes, and environment. It is more, I think, just a natural gas in the air, they would try it is costing us a lot more to produce belief system, almost a religion, if you to block that, too. our plastics, which require natural gas There is enough natural gas beneath will, Mr. Speaker, that if you label it in their production. The list of the bur- the nonnational park public lands in green, more than half the Members of den on the economy goes on and on. America to heat every home in this Every component of this economy, this Congress will vote against oil ex- country for the next 150 years, and yet ploration or oil development or energy everything that we sell and buy in there is an environmentalist barrier America, all has an energy component. development. If you label it something into tapping into that natural gas. It takes energy to produce everything green is against, I should say. If you There are 38 trillion cubic feet of nat- that we do, and it takes energy also to label it renewable, then they are for it, ural gas up on the North Slope of Alas- deliver it; that is, the transportation whether it is practical or whether it ka, in the oil fields that we have al- component. So if you are going to isn’t. ready developed, those oil fields that produce a widget, it is going to take We need to do a lot of things in this feed the Alaska pipeline. That is 38 energy to produce the widget, and then country; and when I look around at the trillion cubic feet already developed oil you have to ship it to a warehouse and oil exploration in America, it has di- there. We need to build a pipeline to to a retail outlet. You have to send a minished dramatically. The offshore run that down to the lower 48 States, salesperson, and that takes energy. If drilling in America is almost shut and there is more undiscovered gas up down entirely, and that is for both oil there without a doubt, and it is right you just do this by telephone and over and natural gas. next door to ANWR. the Internet, assuming you can com- Now, we have developed our natural But I mentioned a little earlier the pete that way, that takes energy as gas fields in the Gulf Coast, around delegation from Florida, and with a co- well. New Orleans and the coast of Texas. alition of Democrats and Northeastern Here sits the United States of Amer- But when you go east and start along Republicans, they have blocked all ica, the number one consumer of en- the Mississippi and Florida and Ala- drilling offshore for natural gas and ergy and the number one producer by bama, I need to get those people in oil. But the Outer Continental Shelf, almost every broad measure that there there, you find that the panhandle of that area from the shoreline to 200 is, and we have not provided to produce Florida runs along the Gulf Coast quite miles out, which is where we make an adequate amount of energy in the a ways. But to drill for even natural claim to the mineral rights, out to 200 United States of America when we are gas offshore in Florida, even 199.9 miles miles, the people who are the tourist sitting right on top of it. out offshore has been blocked and trade in Florida are afraid that if Listening to me talk, Mr. Speaker, banned by a coalition of Democrats and someone goes out there to drill a well one would think that I am for drilling Republicans from Florida, a coalition way beyond the line of sight of anyone in ANWR, drilling in the Outer Conti- of Democrats from America, and some sitting on a beach in Florida, the mere nental Shelf; and, Mr. Speaker, I am. I people that have jumped on board there mention of that will, even though it is will go back to ANWR in a little bit, that are northeastern Republicans that beyond the line of sight of people sit- but I want to add that I am for another don’t seem to understand that their ting on a beach in Florida, will keep concept here entirely, and that is we homes need to be heated, their cars people from going on vacation in Flor- need to grow the size of the energy pie. need gas in them, and their factories ida. But on the ANWR issue with the need natural gas. You know, they have to burn some- crude oil aspect of this, the environ- mentalists will say, no, there is not b 1915 thing in their homes to heat them. They have to do something to generate enough oil there to bother to poke a If they are going to produce anything electricity in Florida. I am told, and I hole, so we are just going to block it from a factory standpoint, they need have not verified this to my satisfac- here on this floor. natural gas to fire that. And the food tion or I would tell you that I know it I remember we had a vote here on the that they eat is all grown with nitro- to be factually correct, but concep- floor on an energy bill a couple of years gen, Mr. Speaker, and our nitrogen fer- tually I believe it is, that there are 33 ago. The vote was on whether we would tilizer that is the backbone of our corn- electric generating plants planned for allow drilling in ANWR. The language producing industry in America, 90 per- the State of Florida for this year, and read that they would disturb no more cent of the cost of our nitrogen fer- that 28 of them are natural-gas-fired; than 2,000 acres of ANWR. I read that tilizer is the cost of the natural gas natural-gas-fired electrical generating language, and I think about 2,000 acres that it takes as a feedstock to produce plants sitting in a State that is sur- conceptually. I am from farm country, the natural gas. rounded by natural gas on the Outer and I look at a square section of So as we shut down our exploration Continental Shelf, but we cannot tap ground or a 40 or an 80, whatever it is, and drilling here in the United States into that gas, Mr. Speaker, because and I think in those terms. under the misguided notion that some- someone might find out that we drilled In my mind’s eye when I think 2,000 how we are protecting an environment, a well offshore out of sight of the acres, I think three sections, a little an environment that, let me say, Mr. beaches and not go to Florida to sit on more. But with only 2 minutes left on Speaker, in the history of the world, of the beach. That is the rationale that is the vote, I had Members come to me all of the offshore wells that have been going on. and say, This is drilling in ANWR, and drilled or the onshore wells that have There is no threat to the environ- it is limited to 2,000 acres. You are been drilled for natural gas, I cannot ment, none whatsoever. Historically from Iowa; how much is 2,000 acres? Ex- find a single incident where there has there has been no damage at all. cuse me. How much is an acre? That

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.087 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1901 was the first question. How much is an It turns out there are no roads that ready in it, and in 5 to 6 years that tun- acre? It is 208 by 208 feet, or the same go to these wells. You cannot see the dra is reestablished and grown back. I size as a country school. This list went collector lines that are the smaller saw some of that. It had a little bright- on. I tried to describe it some other pipelines that have to be collecting er green than the older tundra, just ways. None of that seemed to register. this oil from the wells that go to the like new seeding in your lawn has a lit- Well, what is 2,000 acres, they would main terminal, or collection stations tle brighter green than the more estab- ask me. I said, it is not even a big farm before they go to the main terminal. lished seeding of a lawn that has been in Iowa anymore; a little more than av- What you will see from the air if it is there for awhile. But we have not dam- erage, but not big. They seemed to ab- pointed out to you is a work-over pad aged any tundra. Any bit we have has sorb that information, go down and put that is perhaps white rock, limestone been reestablished. their card in and vote ‘‘no’’ on drilling rock. I am not sure what kind of rock The risk to the wildlife is non- in ANWR. That was the information it is up there, but it is piled 2, 3, 4 feet existent. That has always been a farce. and research that seemed to be a decid- above the Arctic tundra. It is perhaps The caribou herd that is on the North ing factor. 50 feet wide, 150 feet long. But it is a Slope that everyone was so concerned They did not want to disturb 2,000 small pad. That is all that designates about was 7,000 caribou back in 1972. acres out of 19.6 million acres, and this where the well is. There is not a der- Today it is over 28,000 caribou that are is just going on the 2,000 acres of the rick sitting there. There is not a pump there. coastal plain itself. You do the calcula- jack sitting there. These are submers- One reporter told me of course there tion, and it turns out to be the 2,000 ible pumps. There is zero clearance, are all those caribou, the pipeliners acres just of ANWR. Not even doing the and there is nothing that sticks up out shot all of the wolves. Well, I guess you calculation of all of Alaska, but just of of the ground. That pad is there so in can reach a long way to make an argu- ANWR is 0.01 percent. That is 1/100th of the wintertime, if they need to work on ment if that is what you want to make, 1 percent of the ANWR region. Of the a well, if a pump fails or they want to Mr. Speaker; but, no, the pipeliners did 19.6 million acres that is the ANWR re- do some maintenance, they build an ice not shoot all of the wolves. I was signed up to go up there. It was gion, that is all that would be dis- road in the wintertime. turbed to pull out of it this massive It is easy to come by ice in the win- a difficult contract that one had to supply of oil that I happen to have on tertime in that country. They send the agree to. this chart. trucks out, they pull the truck over on b 1930 Now, this is the reserve that is the pad, set up the work-over rig, pull They sent only men up there into ANWR. All of U.S. proven reserves the pump out, fix the pump or replace that region back in 1972. And there total a little more than 21 billion bar- it and drop it back down in, trip the were some pretty tough rules that one rels of oil. When we add ANWR to this, pipe in, hook it back up, and they are had to live by. One of them was no al- it adds another 10.4 billion barrels of good to go. They have quite a few cohol. The other one was no guns. The oil. That adds another 50 percent to the months of the year that they can work other one was no gambling, and the supply, and this piece up here would go there, but they do not go into that re- other one was no women. So you know almost off the charts. If you can add gion and work during the period of with those kinds of restraints on there, half again to the U.S. oil supply, why time when it is a thaw. So it is a very they had to pay a lot of money to get wouldn’t you do that? environmentally friendly oil field on people to go up there and work, and If anyone went up to the North Slope the North Slope. they did. It was a good-paying job then. of Alaska and would see where we de- ANWR would be even more environ- But no guns was part of it. They didn’t veloped the oil fields and see where we mentally friendly because we have the want violence to erupt up there in the set up the Alaska pipeline and pump ability to directionally drill. So we can camps. So with no guns it is kind of that oil down here for years now, and set up on one of those pads, set the hard to shoot all the wolves. In fact, it that began in 1972. Yes, 1972 is when the drill rig out, and we can drill out in di- is kind of hard to shoot a wolf anyway construction began. So we are 34 years rections in a radial pattern, however if you are busy trying to make a living into this. We have been delivering oil the geology directs it to be drilled, and and working seven days a week as was for 30-plus years down here to the pull a lot of oil into one location with- scheduled there. United States, and we have had a spill out having to go set up a pad here and And so the caribou herd now has gone of a tanker. We have had a couple of a rig there and without having to dis- from 7,000 to 28,000 head and the envi- small spills on the ground, all cleaned turb some tundra. ronment, if it were damaged at all, if up. I have not heard the news about it Mr. Speaker, while I am on the sub- there was any proof of it all, you can being anything else. It has been a good, ject of disturbed tundra, I would add bet we would have heard about it on sound environmental approach that also that I saw some tundra that had the floor of this Chamber, Mr. Speaker. came up there in Alaska, and they cre- been disturbed, and we are told by the But we did not. And we didn’t hear ated a lot of the science and tech- environmentalists that it cannot be re- about it because there hasn’t been sig- nology. The environmental compat- established. Once you put a track in nificant damage. ibility has been developed up there. the tundra, with a bulldozer or a truck And so here we have a north slope oil If you look at the North Slope of or a caribou, that that track is there in field that is winding down, and a pipe- Alaska, the identical topography of perpetuity; that it never comes back line coming down from Alaska that ANWR, it is right next door, what I see again; that it is such a fragile environ- needs to have oil in it. If it doesn’t con- up there is you have to show somebody ment that any damage to any plant tinue to have oil in it, eventually, if it where the oil fields are. The oil fields life, any depression that would be sits empty, it will degrade. And if sits on the North Slope of Alaska, people pushed into the thawed surface of the empty very long, it will degrade to the are thinking they are going to go there tundra is there almost forever. point where it has to be replaced. looking for pump jacks sitting there Well, if that is the case, I do not It is to our interest to keep oil flow- pumping, and maybe see an oil derrick, know how they can tolerate allowing ing through that for a lot of reasons. and maybe they are thinking of oil caribou to walk across that country be- One is just to keep the pipeline up so spilling out of the pipe. They do not see cause they definitely put tracks in that it doesn’t degrade and require us it as a neat, green, environmentally there and leave those tracks behind at some point to either replace it or friendly region. them. Mother Nature has a way of re- simply demolish it or abandon it. But But on the trip up there to the North covering from these things. the other reason is we sit here with an Slope when we flew over those North The president of the corporation that ability to add another 50 percent to our Slope oil fields, and I have worked in represents the city of Kaktovik up in overall American supply of crude oil, the oil fields, I looked down, and they ANWR right on the shore of the Arctic half again more; this 21 billion going to said, we are over the oil fields now. I Ocean told me that they have reestab- 31.4 billion, up to the top of the chart, said, I do not see them; can you point lished tundra. They will go out there Mr. Speaker. And we are watching this them out to me? They had to point and drag it smooth. They can seed it. exploration of U.S. oil diminish, dimin- them out to me. Actually, the soil has seed that is al- ish, diminish because of regulations,

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.089 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1902 CONGRESSIONAL RECORD — HOUSE April 27, 2006 because of environmentalist concern, minds me of a story that Steve Simms is the energy that we supply in Amer- because of limitations on the U.S. of Idaho told years ago, I believe from ica. It is not our consumption. That is going out and leasing larger tracts of this floor, perhaps, Mr. Speaker, and a different chart. But the domestic sup- regions to be explored, particularly off- that is the story about, shortly after ply. And it is broken out here, as you shore. We lease them a small tract in- our Constitution was ratified in the can see. Of all the energy that we sup- stead of a large tract. And so if a com- post-1789 era, we didn’t have crude oil ply, that we produce here, 10.8 percent pany goes out and leases a tract for oil at that time. We were using whale oil of the BTUs are crude oil; 2.3 percent of exploration, and they are looking at to light the lamps in our houses, and the BTUs are natural gas. Nuclear is 8.1 their competition that has surrounded that is what we read by. And so Ameri- percent. Our hydroelectricity is kind of them with their leases, and they all cans were sensitive to the price of frozen in place. We haven’t been able to speculate and get a little grid here and whale oil. And the whalers went out expand that in 30 or more years, but 2.7 a little grid there, if you are sitting from places like Nantucket and percent. Biomass is a growing compo- there and you have got a grid that is brought the whales in and extruded the nent of this, matches our hydro- maybe, say, 5 miles by 5 miles, and I oil, processed the oil off the whales, electricity at 2.7 percent. The geo- am just pulling a number out here, and and then packaged that up and sold thermal has a tremendous potential for your neighbors are all around you like that around the country. You buy a lit- us, and that technology is growing, I a checkerboard, if you drill down and tle bit of whale oil, bring it in your think, significantly and dramatically you find a massive supply of oil, the house, fill your little container in your 3⁄10 of 1 percent is all. Our solar is 6⁄100 people that are your neighbors are lamp, light the wick on your lamp and of a percent, a very small sliver, and going to capitalize on that without the then you could read into the night. But that has good potential too, although risk that you have taken to do the that price of whale oil went up and up it will take a while and a lot of capital. wildcat exploration in that area. They and up due to scarcity of whales. And our wind, 1⁄10 of 1 percent. That will realize, well, there is an oil find in So Congress met and they had a bill also is a very much growing supply of that section. And they will set down before them that suggested that they energy. Our coal, we have been burning around you and drill the oil, and they would cap the price of whale oil, Mr. more and more coal, 23 percent. And will be able to take advantage of the Speaker. And so they had an intense this natural gas, 18.7 percent. So we things that you have learned by taking debate here on the floor of Congress. have a couple of different components the risk as a single oil company. And the question was, should we limit here, the natural gas and our crude oil So the incentive to put millions and the price of whale oil so that people again at 10.8 percent billions of dollars into oil exploration can continue to afford to be able to buy This is, Mr. Speaker, this illustra- is diminished significantly because the the whale oil to light their lamps? tion, this is the energy pie. The size of opportunity to capitalize a good find What they did, Mr. Speaker, was they this circle demonstrates the overall has been diminished because of us leas- came to their senses. And the debate fi- supply of BTUs, or British thermal ing smaller tracts of land. Not so in a nally won out that, no, they would let units, of energy that we produce here lot of other parts of the world where the price of whale oil go up because if in this country. Now, our alternatives there are large areas that are leased it went up, there would be people who become this. Energy prices are high. out to large oil companies, and they would use some alternative fuels. Some And of these different kinds of energy can go in there and drill and come up of them would just simply blow out the that I have talked about, the price of with a find, and that returns then for light and go to bed and get up with the crude oil has gone up dramatically. them because they can continue to de- chickens in the morning. But those The price of natural gas has gone up velop an entire field of oil. that had to pay more would find an- dramatically, both of those being, of Australia, for example. I happen to other alternative. course, the hydrocarbons. know of some drilling that goes on Well, so the price of whale oil contin- Then the rest of these supplies, coal down there in the Bass Straits between ued then to go up. And not very many has gone up too. The freight on that Tasmania and Australia and high cur- years after that, oil was discovered in coal has gone up dramatically in some rents there and thousand feet deep Pennsylvania. And you can guess what cases. But overall, if you put more water, American companies down there happened then, Mr. Speaker, to the crude oil into the market, someone drilling for oil, not drilling here in the price of whale oil. Once oil was discov- will decide, well, I am going to gen- United States, not drilling up in ered in Pennsylvania, there was a erate electricity with diesel fuel, for ANWR, not drilling offshore of the ready supply, a tremendous amount of example. So they will decide if crude United States because regulations, en- oil available, and far more oil than oil is cheaper, they might generate vironmental concerns, small leases, all they really had a use for in those more electricity with crude oil. And those things have shut down the incen- years. And so it became very cheap to this size, this percentage of the overall tive for exploration in America. So our light some of that Pennsylvania oil. pie gets a little bigger. If the price of highly competent, highly technical, And the price of whale oil then dropped natural gas goes up, there will be peo- highly capitalized American oil compa- clear out the bottom because the de- ple that will decide, well, I am going to nies are exploring everywhere else that mand disappeared because an alter- go over here to this coal alternative. they possibly can in the world, and native source of energy was discovered And I happen to know of a case where they are contributing to our oil supply, underground in Pennsylvania. natural gas has gone so high that they and we should be grateful that that That is how supply and demand are building an ethanol production helps keep the price down. works. And there will be other alter- plant that is going to burn coal to gen- Now, if there is actually price natives of energy that are developed if erate the heat, rather than use the nat- gouging, and if there is actually a level we provide for competition to help ural gas which we have done in the rest of ethical corruption, yes, we need to drive this and help us come up with so- of those that I am aware of. find that, and we need to use the law to lutions. Now, as we look at this, we have also enforce it. But if it is supply and de- So I want to talk about a solution the subject matter that comes up of mand and people are working above here, Mr. Speaker. And this I consider biodiesel and also ethanol, those two board, a windfall profits tax on our oil to be a picture that gets us started on big pieces. And I will talk about those companies will work against the inter- the solution. I have said for a long a little bit too. But our overall mis- ests of the United States. It will ulti- time, Mr. Speaker, that we can talk sion, we need to understand, is this: we mately diminish the supply of energy about one component of energy or an- need more energy in this country. We here in the United States and perhaps other component of energy. But there need to grow the size of the energy pie. in the world, and it will ultimately is an overall demand for energy in We need to make this circle a lot big- raise the price of gas, not lower the quadrillion BTUs, and we should meas- ger than it is today. When we have price of gas. ure our overall supply and consump- more BTUs that are available, the sup- We have got to have more energy in tion of energy in quadrillion BTUs. ply will lower the cost of our energy. this country, not less energy in this And this is kind of how it is broken up Supply and demand, whether it is country. This supply and demand re- today in the U.S. domestic supply. This whale oil versus Pennsylvania crude

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.091 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1903 oil, or whether it is this more com- that is a by-product that comes out of Belt and build out ethanol production plicated equation that we have today, the ethanol production. And that goes all the way across the Midwest and as the overall supply, if we can increase off to the feed lots to be fed to live- far south as they can compete in the it, we will lower the overall cost of en- stock. corn production down there, and then, ergy. Then there is also CO2, a by-product on top of that, continue to build our Now, some will be more competitive. that also gets marketed for an indus- biodiesel production facilities out. The Some will be less competitive. And as trial market. So we capture almost ev- five that are in my district, that can go technology develops, it will change erything in there. And the corn comes to 10 or 12 or 13 plants within the next that as well. But growing the size of in. And then out of that corn we take, 4 to 5 years. I actually expect it will go the energy pie is an essential thing for make the ethanol out of the starch; there. And the biodiesel production us here in America. We need to work and we send the protein to the feed lot that we produce, every time we do on it every way we can. And that is in the form of dried distillers grain, that, it shuts off another shipment of why I say we need to drill in ANWR. and capture the CO2 as a by-product crude oil into the United States from We need to drill in the Outer Conti- and market that in the industry; and the Middle East. nental Shelf, both places, for gas and that process goes over around and But I would say grow the size of the for oil. around again. energy pie. Change the size, the propor- We need to expand our ethanol and Now, you have University of Cali- tion of the pieces. Let us shrink this our biodiesel dramatically. And we fornia Berkley and another institution piece, 10.8 percent of crude oil. Let us have been doing that, especially in my joined together, or at least had concur- shrink this piece of natural gas, but let district. And I am quite grateful and rent reports that said that the produc- us grow the supply of natural gas dra- proud of the work that has been done tion of ethanol takes several times matically so we can afford to grow it if there. The industry essentially has more energy to produce than you actu- we need to and save our fertilizer in- been developed, home grown. We ally get out of a gallon of ethanol. dustry, which is very close to have all looked at ADM and Cargill and would been pushed out of the United States b 1945 like to have had them taking the lead because we are unwilling to develop on ethanol production in America, and And I looked at that. I did not actu- our natural gas supplies. So we put they have producing ethanol for quite ally read the study. It was not worth Hugo Chavez in a situation where he some time. They are actually, at least my trouble to do that. And I wondered could potentially be controlling the one, and perhaps both, building a new why anybody would go to UC Berkeley food supply in the United States by plant or two around the country, per- to get some answers on ethanol when controlling the fertilizer that is made haps more than that. But they didn’t you could come to the Iowa State Uni- down there out of the natural gas that jump into this with the idea that they versity or the University of Iowa or they have. Now, thankfully, we have were going to create a market and then University of Northern Iowa or some some U.S. companies that are set up in supply that market of ethanol or bio- Minnesota institutions where we have Trinidad, Tobago, and as long as that diesel. experience with ethanol, where we ac- would remain stable, they will be able And so, seeing the vision of this, and tually understand what goes on there, to supply us fertilizer there more reli- watching the brain child grow from and we can give you some empirical ably and more stably than they would within the region of the country that I data on the cost of the energy to have out of Venezuela. come from, I happen to have shook the produce ethanol. But then, as I said, expand the coal, hand of the man who pumped the first So I began to ask those questions, expand the biodiesel, expand the geo- gallon of ethanol in the United States and one of them is how much energy thermal. Expand the solar to the ex- of America the other day, State Sen- does it take to produce a gallon of gas- tent that it is economically feasible to ator Thurmond Gaskill from Corwith, oline from crude oil? And it works out do that. We are continuing to expand Iowa. And I know they worked on that that if you are going to measure the the wind. That is a renewable resource. for years and years before they could BTUs, for the BTUs that would be in a And as our technology goes forward, we get to the point where they could pump gallon of gasoline, you only get eight- get a lot better return out of our cap- the first gallon of ethanol. tenths that much out of it when you ital investment there. This biomass, of And now, in this congressional dis- process and crack that out of crude oil. course, is ethanol and biodiesel. trict that I represent, we are sitting So does it take a gallon of gas to The hydroelectricity, I would love to there either in production for ethanol, produce a gallon of gas? No. It takes a build a few more dams in America, but under construction or on the planning gallon of gas to produce 80 percent of a I just cannot see a way that we can stages and soon going into construc- gallon of gas is the way they would cal- crack that environmentalist nut at tion, we will be at, by the end of next culate that. this point. But at least maintain this, year, 14 ethanol production facilities in And ethanol works out far better. expand it if we can, because that is a the 5th Congressional District, the Once the corn is at the plant, and you renewable resource. It is as clean as western third of Iowa. We will be at have that in storage, and you process any energy that you get. least five biodiesel production facilities that through, if you consume the quan- Our nuclear capability, Mr. Speaker, in the same district in those 32 coun- tity of BTUs that are in a gallon of it is amazing to me that it has been ties. ethanol, you will produce 3 gallons of over 30 years, that I know of, that we Now, those 14 plants will pretty much ethanol with it. Just a skosh less than have at least begun the construction have the whole region, then I will say that, but the numbers are coming right on a new nuclear production facility in polka dotted with those locations at 3. the United States. Those facilities are where they can draw the maximum So the return on energy is far more coming off line, and some of them are amount of corn to those plants. And we efficient to produce ethanol than it is starting to reach the end of their life. have an ability perhaps to go up to, I to produce gas even out of crude oil. We need to develop more nuclear en- will say, a third or maybe even as And all the energy has a composition ergy, generate more electricity with much as a half, half of our corn crop component like that. It costs some- nuclear. It is safe technology. It is the going into ethanol. But the balance of thing to put it into a commodity that safest technology from a statistical that comes back in the form of feed. So one can transfer, put into a tank and basis than anything that we produce in you will see a truck come in to an eth- efficiently get a burn. America. You cannot generate elec- anol plant with a load of corn on it, So, Mr. Speaker, the goal here is let tricity out of diesel fuel or natural gas and he will go through and dump that us lower our energy prices in America or coal with as low an accident rate as load of corn in the pit; and while he is by growing the size of the energy pie. you have out of the nuclear, Mr. sitting there dumping that load of Let us expand the utilization of our Speaker. So I would say expand this corn, as it is being augured out, right clean-burning coal technology. We percentage of nuclear. in the next bay you will see a truck have an almost unlimited supply of Reduce the natural gas for electrical pulling in to load a load of DDGs, dried that. Let us dramatically expand our energy, but expand it for fertilizer pro- distillers grain, high-protein feed stock ethanol. Let us take the entire Corn duction so our food supply is up, and

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.092 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1904 CONGRESSIONAL RECORD — HOUSE April 27, 2006 that fertilizer production feeds the bio- Grow the size of the energy pie, Mr. tivities that are going on there, the mass. And when the biomass goes from Speaker. Do this for our economy and elections that have taken place, coun- corn and soy diesel and the other parts do this for America’s security. And do try after country has had an election of the biomass that produces diesel fuel so with the idea in mind that the or a power change that has shifted to the cellulosic version, which we are places in the world where we are buy- more towards Marxism, away from 5 to 6 years away from becoming an ef- ing our oil are far too volatile for us to freedom. And China is involved in the fective means of producing ethanol, bet our economic future on. Panama Canal. They are invested down then our fertilizer supply out of nat- Now, I have another chart here that there, and we also have Castro who is ural gas becomes an essential compo- helps illustrate that. It is really not all starting to drill for oil 45 miles off- nent to our biomass up here. And one of the countries that we purchase oil shore of Cuba. And if you remember, day not very far down the line, I want from, Mr. Speaker, but it tells us a few from the lowest part of Florida to to see the size of this pie grow dramati- things. What I see missing on this Cuba, it is 90 miles. So not having cally. chart are countries like Iraq, Iran, looked at the map, at least by those And I will be putting together a for- Saudi Arabia, the large oil-producing statistics, he has cut the distance to mula for this, Mr. Speaker, as time countries. But it tells us what is going the United States in half, tapping into goes by and bringing it to the floor of on in Libya, 36 billion barrels of oil. oil that we ought to be tapping into, at this House and advocating to the Mem- And then here we are with ANWR at least very close to that same kind of bers of this Congress how important it 10.4-, a third of the reserves of Libya. region that is there. is for us to grow the size of the energy And some of the other countries here: How come we cannot, Mr. Speaker, pie and to change the proportions of The Congo, a small amount; Nigeria, a look at this overall picture and realize the pieces of this pie so that there is a large supply, not that stable a place to that if we only do a little bit at a time, future for the economy in America. We be, but there is a lot of oil there, and I if we only decide we are going to open can do a lot of it with renewable fuels. think their reserves might have been up a little bit of the lease down there And the efficiencies that we have pro- discovered some more since this chart near the Panhandle of Florida and drill vided there, another one that is false was made. for a little natural gas down there be- information that seems to come from Here is the United States with a re- cause the pressure on the prices are so other parts of the country is that we spectable reserve of oil, 21.9 billion bar- high that we have to act like we are cannot get very much ethanol out of a rels. But we can add that to 10.4- here doing something, so we let a bit of bushel of corn. Well, I do not know out of ANWR. It takes us up here in drilling come in. And that little bit of anybody who is producing ethanol at this stratosphere in the area of Libya. drilling is the equivalent of just taking least in Iowa today that is not getting It does not take us into the levels of the lid off the pressure cooker just for 23⁄4 gallons out of a bushel of corn, and countries that are not on this chart, an instant. So the pressure goes down, that number is creeping up as our en- three, four, five countries that have but the heat is still on, and the pres- zymes get better, our efficiency gets more oil than this, and they are not sure will increase again. If we take the better. And we will be able to adapt to listed here, Mr. Speaker. But what this lid off a little bit every time, it is not the cellulosic as well. tells us is if we go buy our oil from Ni- enough to affect the markets. It is not This region that I have the profound geria, it is unstable, and we work for enough to affect the market to the honor and privilege to represent in the their stability. point where we are going to see lower Upper Midwest is a region that when Australia’s supplies are far lower energy prices. So energy prices creep the pioneers came, they settled, they than one might think, although there up. We only do this incrementally. turn the sod over, and they set up their is more discovery going on there all We must be bold, Mr. Speaker. We farms, and they raised livestock and along. must dramatically expand our ethanol row crop and hay, and they were in the Any of these other countries, Indo- production. We must dramatically ex- business of raising food and fiber for nesia, Egypt, think about the stability. pand our biodiesel production. Amer- America. And that is the case from Brazil, for example, they do not have ica’s farmers have stepped up to the Canada down to the gulf coast, coast to all that much. plate with this. They are increasing coast. The agriculture communities in Kazakhstan is a pretty good friend to their overall production of their grain. America were always in the business of us. There is a pipeline now being put They have invested capital so that raising food and fiber. together from Kazakhstan and into they can produce ethanol and produce But today we are in the business of China, and so a lot of that oil is going biodiesel. raising food, fiber, and energy, and I to go into China. There is the China re- Let me add one more thing to this live in now an energy export center serves there, 18.3 billion. And China is misinformation that has been going on where 5 years ago there was not much increasing their consumption of oil at around America, that the reason that sign of any of this energy production. a rate seven times the increase that we gas is high because we have ethanol re- When you drove along, if you saw some are here in the United States. So at the quirements in some of the gas that steam along the skyline, you would as- rate they are going, they will be the have just come on recently, and that sume that it was smoke from a fire world’s largest consumer of energy the high price of ethanol is the reason somewhere, and you would wonder why down the line somewhere. that gas has gone up by 50, 60, 70 cents it had not been put out. Today you will But I cannot find too many places a gallon or whatever that number see the vapors going up. Some people along on this list where I think I would might be. think it is smoke. It is the cleanest of rather trust the future of the economy Let me point out that ethanol is 10 water vapor coming out of the ethanol of America to them and the lack of sta- percent of a gallon of gasoline, and the plants, and we recognize them on the bility there than I would trust the fu- spot market for ethanol, the highest I horizon: Well, there is an ethanol plant ture of America to an energy-inde- have seen is $2.50 a gallon. But you are there, there is one over there. And in pendent America. only putting in 10 percent; so in 1 gal- between there are hundreds and hun- We can get there, Mr. Speaker. We lon of gas, there is only going to be 1/ dreds of wind chargers sitting on the need to work to get there, and we have 10 of that in there. So 1/10 of $2.50, you ridges. the formula to do that. And many of have to spread that across the whole An energy export center in western the countries that we are purchasing gallon of gasoline is my point, Mr. Iowa, a place where we have never been oil from today are countries also that Speaker. And it is not possible to take able to drill a successful oil well, but it are working against our national inter- 1/10 of a gallon, add it to 9/10 of a gal- will not be long before we will be pro- ests. And Venezuela, for example, is lon, and raise the price anywhere near ducing far more energy out of that re- taking an ever-more-hostile position, the extent that is being alleged. gion than we are getting out of some of teaming up with Fidel Castro. And the So it is not the price of ethanol that the oil fields across the United States. funding that is coming from that oil is is driving up the price of gas, it is the In fact, today I believe we are pro- helping to fund Castro and Cuba, and it instability in the world. It is the lack ducing a lot more energy out of eth- is funding subversive activities all over of building refineries. It is the lack of anol and the biodiesel. South America. If we look at the ac- vision in an overall energy pie, Mr.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.093 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1905 Speaker. And I urge strongly and pow- pacify the country in the months after threat, then the most likely delivery erfully for this Congress to step out the invasion has led to a protracted vehicle is not a missile, it is a crate, boldly, grow the size of this energy pie, fight against Baathists and Islamic in- and why are we not doing more to se- reduce the cost of energy, dramatically surgents and increasing sectarian vio- cure those materials that al Qaeda has drive our economy, and take care of lence that has claimed more than 2,300 said they want?’’ our security well into the future. American lives and wounded thousands Osama bin Laden, who has called it a f more. religious duty of Muslims to obtain the At home we have wasted valuable bomb and use it against the United b 2000 time in making real strides to safe- States, who wants an American Hiro- MILITARY IN THE 21ST CENTURY guard the Nation from terrorist attack. shima, at the pace it is going it is The SPEAKER pro tempore (Mr. Most significantly, we have failed to going to take years, if not decades, to FORTENBERRY). Under the Speaker’s reckon with the Achilles heel of our secure the nuclear material in the announced policy of January 4, 2005, national security, our reliance on for- former Soviet Union, and this makes the gentleman from California (Mr. eign oil to supply our energy needs. our Nation at risk of calamity. SCHIFF) is recognized for 60 minutes as Clearly, Americans want and deserve If you think the debates we have now the designee of the minority leader. change. Last month, Members of our over civil liberties and national secu- Mr. SCHIFF. Mr. Speaker, our most party from both the House and the rity are difficult, imagine the world important duty as Members of Con- Senate unveiled a comprehensive blue- after a nuclear detonation here in this gress is to ensure our Nation’s secu- print to better protect America and to country or against our troops in the rity. National security is the single- restore our Nation’s position of inter- theater. All of that debate would be most essential purpose of government. national leadership. Our plan, the moot. This Nation would be a very dif- All of the other blessings of our liberty Democratic plan, is called Real Secu- ferent Nation. It would be one we flow from it, our strength and vitality rity. It was devised with the assistance would not recognize. It would certainly as a people depend upon it and, our of a broad range of experts, former not be one we would want to live in. economy and our way of life are rein- military officers, retired diplomats, All efforts must be made to deal with forced by it. law enforcement personnel, homeland this threat, and too little has been A strong, bipartisan tradition has security experts and others, who helped done. Precious little has been done, and been at the core of America’s national identify key areas where current poli- time is not on our side. security policymaking for much of our cies have failed and where new ones We must redouble our efforts to stop history. A succession of American were needed. nuclear weapons development in Iran Presidents, from Woodrow Wilson to In a series of six Special Orders, my and North Korea. Too often the admin- Franklin Roosevelt to Harry Truman colleagues and I will share with the istration’s policy in this area has been to John F. Kennedy, guided this Nation American people our vision for a more on-again off-again, as if we can only through two world wars and some of secure America. Two weeks ago, we focus on Iran right now and we can the tensest days of the Cold War. Their discussed the plan as a whole and laid take our focus off North Korea, where 6 leadership was based on asserting out the five pillars that make up that months ago we could focus on North America’s power in a way that ad- plan. I would like to go over some of Korea to the exclusion of Iran, or we vanced the ideals of our Founders and these in summary before we turn to the couldn’t focus on either while we were which made America a beacon to mil- pillar that we will discuss tonight. focusing on Iraq. lions of people who were suffering These five pillars of security are the The reality is we must continually under fascism and communism. creation of a 21st century military, the focus on all of the above, and we must Most importantly, these men knew successful prosecution of the war on marshal the international community the limits of any one nation’s ability, terror, a more successful strategy to to stop this weapons program in Iran and they saw the wisdom of marshal- provide real homeland security, a way and in North Korea. Only through sus- ling our strengths with that of other forward in Iraq, and the securing of en- tained and vigorous and dedicated ef- freedom-loving people, and they lis- ergy independence for the United forts to pressure Russia, to pressure tened to the counsel of these allies States of America. China and to bring that world commu- abroad and Members of both parties One of the pillars of our Real Secu- nity together do we have a chance to here at home. rity plan focuses on the war on terror. stop that nuclear weapons development Harry Stimson, who served as Frank- It devises a strategy to destroy al in Iran and North Korea. lin Roosevelt’s Secretary of War Qaeda and finish the job in Afghani- Let me turn to one of the other pil- throughout the Second World War, was stan. It would have us double our spe- lars of our Real Security plan dealing a Republican. Harry Truman cooper- cial forces and improve our intel- with homeland security. In the weeks ated with a Republican Congress to ligence-gathering processes. It would to come, we will be going through the pass the Marshall Plan and the Truman eliminate terrorist breeding grounds. It details of this pillar, which involves Doctrine, which were instrumental in would use preventive diplomacy and implementation of the 9/11 Commission rebuilding postwar Europe and halting bring new international leadership, recommendations. We support the im- Soviet expansion. recognizing that we are strongest when mediate implementation of those rec- But unlike these giants of the 20th we cause the world to join us in a ommendations. century, who put the Nation’s security cause. The 9/11 Commission, probably no before chauvinism or partisanship, the Secure loose nuclear materials by other commission in the last half cen- current administration has too often 2010, this is one of the greatest tury has done a more valuable job, a believed that it had all the answers and vulnerabilities we have. You might re- more bipartisan job of analyzing the did not need to pay attention to the call in the debate between Senator vulnerabilities of the United States ideas of others. KERRY and President Bush both ac- and making good, strong and sound This refusal to listen to other voices knowledged that the number one recommendations about what we can and excessively partisan and ideolog- threat facing the country was that of do to address them, many of which af- ical approach has resulted in an Amer- nuclear terrorism. In fact, when we had fect this body. In fact, it is an irony ica that is more isolated than it should testimony in the Nonproliferation Sub- not lost to anyone here, or shouldn’t be and less safe than it needs to be. committee, I asked Jim Woolsey, be: those recommendations of the 9/11 Around the world, among nations that former director of the CIA, what was Commission that affect how we orga- should be our strong allies, we are the most likely suspect if a nuclear nize our business in the Congress are often seen less as a force for good in weapon went off tomorrow in New the last to have been implemented. the world, and this has jeopardized the York, Los Angeles or Washington? He Most of them have not been imple- cooperation that we need in the war on thought about it for a moment and mented. terror. then he said, ‘‘al Qaeda.’’ But a great many of their rec- In Iraq, a stubborn refusal to commit I said, ‘‘I think that is exactly right. ommendations are being ignored at our enough troops to save the lives and But if al Qaeda is the number one peril, and, indeed, what I was talking

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.094 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1906 CONGRESSIONAL RECORD — HOUSE April 27, 2006 about a moment earlier, in terms of inexcusable. We saw on 9/11 the com- maintain order that allowed the insur- dealing with the loose nuclear mate- munication problems we had. The fact gency to get out of hand, who has been rials in the former Soviet Union, this that we have not dealt with that prob- held accountable? Who has been held was something that the 9/11 Commis- lem still years later is beyond com- accountable for these errors? sion paid great attention to and is one prehension. And I ask my colleague, Mr. INSLEE of the great deficiencies in our re- Finally, we have to invest in public from Washington State, do you know sponse to their recommendations. We health to safeguard Americans. You what the answer to me was? should put those recommendations into might recall it was just a few weeks b 2015 effect now. Under the Real Security ago the burning issue in the Nation was Mr. INSLEE. I do, actually. There is plan, that is exactly what we will do. the avian flu. It still ought to be a only one person that the Bush adminis- Another pillar: part of this pillar of burning issue in the Nation. Yet we tration has fired involving Iraq policy. homeland security is screening all con- saw when this was at the top of the There is one single person. And that tainers and cargo. Again, if the threat news how unprepared we are. person was General Shinseki, who was to this country comes in the near term, We are still unprepared. That hasn’t right about Iraq. in the near term, in a crate and not on changed. The issue may have fallen out He had the huge error in this admin- a missile, then why aren’t we investing of the top of national news. It hasn’t istration of being truthful, forthright more in that portal technology to keep fallen out of the tomorrow of the na- and accurate when he said we needed nuclear material out of this country, tional dangers facing this country. 400,000 to 500,000 troops to provide secu- to keep a nuclear weapon out of this Those are not even man-made disas- rity in Iraq so it would not degrade country, to keep a radiological weapon ters. into anarchy as it has done. out of this country? Terrorists purposely attempting to And as a result of that, the Presi- Why is it in terms of cargo coming in spread a biological pathogen, perhaps dent, in the way they do this with the through our airports that when you go at multiple locations in the United military, effectively fired him. He is to the airport to get on a flight and States at the same time, imagine the the only person who the Bush adminis- you have to take your shoes off and havoc that would ensue. Are we pre- tration has removed from office in your belt off and you have to be pared? We are not nearly as prepared as Iraq, not the people really responsible wanded down, that at the same time in we must be. for the problem at Abu Ghraib, not the the cargo hold of that plane, where half Let me turn to another pillar of the Secretary of Defense, not Paul of the cargo on most passenger jets is Real Security plan, that dealing with Wolfowitz who came to us and told us commercial, it is not your luggage, it Iraq. The Real Security plan proposes the incredible falsehood that this is commercial cargo, 98 percent of that that 2006 be a year of transition to full whole operation was going to be paid cargo or thereabouts is never screened Iraqi sovereignty, that we have a re- for, because Iraq was going to pump for explosives? So you have to take off sponsible redeployment of U.S. forces, more oil, and it would not cost a penny your shoes, yes; but you could ship a that we work harder to promote Iraqi to the American taxpayers. And you bomb the size of a small piano in a political compromise to unite the know how many billions of dollars now crate, and it may never be inspected country. the taxpayers have suffered. for explosives. We saw this week that we had a None of those people who have gotten That doesn’t make sense. That is a change in the position of prime min- almost every single thing wrong in Iraq real deficiency that has to be ad- ister, and that is hopeful and we all that you can imagine. If you were dressed. We cannot afford to wait until hope that leads to the formation of a going to design a train of errors, mis- there is a calamity. Terrorists don’t unity government. But those hopes judgment, inefficiency, incompetence, need to fly planes into our buildings to have too often been disappointed. We acceptance of outright fraud in the destroy the economy of this country. It must ensure that within the next 30 contracting procedure, it would be hard would be enough to destroy that plane days that government is stood up, and to design a more inept train of abuses in mid-flight. We simply cannot afford it is a government that is representa- than this one, yet this President has to take these risks, and we must screen tive of Sunnis, Kurds and Shiites that sat there and done nothing. all containers and cargo. the Iraqi people will defend. Now, I have to admit he has not said The job at our ports is an even more Ultimately, if the Iraqis choose civil they have done a heck of a job. He has difficult challenge, but it is one that war, if they choose to murder each not used that language. But he has can be met. It can be met through a other in large numbers, there is not failed to hold anybody accountable. homeland security plan that is tough, much that we can do to stop it. But if And one of the things that I am very that is smart, and where the priorities they decide to be one country, if they pleased that you have been a leader on, match the nature of the risk. That is decide as one country to take on the is holding the administration account- exactly what we have to do in home- foreign jihadists and the terrorists, able for this, is accountable for U.S. land security. We have to prioritize, that is a fight they can win and a fight tax dollars. what are the greatest risks facing the we can help them win. But if they are You know, there was a Democrat, country, and that is where we need to determined to squander this oppor- Harry Truman, during World War II, devote our greatest resources. tunity, if they don’t form this unity who convened the Truman Commission We need to safeguard our nuclear and government, then they have to under- in the U.S. Senate, and he insisted that chemical plants, which still have not stand that the patience of the Amer- during war time, even during war time, been adequately safeguarded. ican people is running out. it is important to not allow the abuse We can’t outsource our security of We must encourage our allies and of U.S. taxpayer dollars. And he fer- our ports or airports or mass transit to others to play a more constructive role reted out some of the fraud and abuse other interests. We have to train and in Iraq, and we must hold the Bush ad- in military contracting that was going equip first responders. I had a group of ministration accountable. We had a on in World War II even when our first responders from my district in to hearing in the International Relations whole Nation was in jeopardy, in an ex- visit with me today from the cities of Committee on Iraq this week. It was istentialistic sense was in jeopardy, Burbank and Glendale and other parts one of the first hearings we have had in but he still said we need to be careful of Los Angeles to talk about their lack years on Iraq. with these dollars. of interoperable communications I asked the panel, which included top We have had umpteen billions of dol- equipment. They can’t talk to each level DOD, Department of Defense, and lars disappear into the sands of Iraq other across the cities. They are start- top level Department of State officials, with nothing to show for it, no mean- ing to be able to. They are patching I asked them, given the history of I ingful reconstruction, but tens of bil- this system together. think fairly well-recognized mistakes lions of dollars gone. We have seen But here we are, years after 9/11. Can in the prosecution of the war, of multiple GAO reports, Inspector Gen- it be that our emergency responders course, the failure to find WMD, the eral reports. still can’t talk with each other, don’t standing down of the Iraqi Army, the We have seen multiple contractors, have that capability? That is simply failure to bring enough troops in to many of whom have been very closely

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.096 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1907 aligned with this administration; there to any movies or watching any tele- framers set up a couple branches of is no secret about that. What we are vision, because it was full of Ds and Fs. government, so that when one branch saying as Democrats is real simple. The most amazing part that is impor- was not doing the job, which right now The U.S. Congress needs to do its job to tant, I represent the area in Seattle, is the executive, Congress can act. ferret out these abuses, find the people we have a huge port. And when I tell Mr. SCHIFF. If I can interrupt the responsible, relieve them from duty, people that despite this bipartisan Re- gentleman, this has, I think, precisely and hold these contractors responsible publican and Democrat recommenda- been the problem. It has been a shared to the American taxpayers. That is not tion to do screening of all of our con- responsibility. There has been the fail- too much to ask. tainers coming in, of radiological ma- ure of the executive to act promptly on This Congress has been a lap dog. It terials, either a dirty bomb, the mak- the 9/11 Commission recommendations has been a see-no-evil, hear-no-evil ings of a dirty bomb, or worst case sce- that have put us at risk, and most group, while one of the greatest abuses nario, a fission bomb coming in probably, I agree with you 100 percent, of the American taxpayer ever hap- through our containers, and we know most prominently that risk is some- pened in the sands of Iraq, despite the the proliferation that has gone on in thing coming in through our ports or tragic loss, which of course is a thou- the last few years, when you report to on the back of a truck across the bor- sand times worse of our men and people that despite that foreknowledge, der that has nuclear material in it. women in Iraq. the administration can only tell us a That is, I think, the chief threat that So the Democratic Real Plan for Se- tiny little percentage of those are we face. curity is that it is the job of Congress screened for radiological material, that But it is a shared responsibility, be- to hold the administration accountable is a sorry state of affairs. And there is cause we here in Congress have done to the American people, and the Amer- no excuse for that failure. We have had nothing about that. Because there has ican taxpayer, and we will do that job a bipartisan consensus, at least on the not been oversight of the executive; the at the right moment. So I am glad that commission, to get that job done. And majority has been allergic to doing oversight. I am on the investigations you have brought this issue up. the job simply has not been done. Mr. SCHIFF. I thank the gentleman. And the administration has had its and oversight subcommittee of the This was precisely the nature of the eye off the ball of this major league International Relations Committee. testimony in the committee. When I We have had 6, 8, 10 hearings. The threat. This is the big threat, by the asked that question of the witnesses, majority of them I believe have been way, at least in my estimation, and I who has been held accountable, it was on what, are they on overseeing prob- think of the 9/11 Commission, of a dirty really quite remarkable what hap- lems within our own government? No. bomb or some day a fission product pened. There was an incredible silence They have been on the United Nations. coming into this country. That is the as the witnesses looked at me and then When you do not want to oversee what real threat. you are doing, what do you do, you looked at each other, and then looked By the way, it is probably 1,000 times at me, and then looked at each other. oversee the United Nations. more likely to be delivered in a con- And it seemed like an eternity before Now, admittedly the U.N. has got tainer coming through Los Angeles or anyone could respond. plenty of problems and is in desperate And I said, your silence speaks vol- Seattle or Boston or Gulfport, than need of reform, but that cannot be the umes. To me, and I expressed this to coming in from 10 miles up in space in sole area of our oversight. We have had the committee, the only one who has an ICBM that none of these countries hearings in the subcommittee on Iraq, been held accountable was General have, at least at the moment. That is as our chairman recently pointed out. Shinseki, and he was accountable for where the real threat is. You know what it was on? How bad a But, instead, the administration has speaking the truth. man Saddam Hussein was. As I said at Now you mentioned the Truman been off spending billions of dollars on the outset of the hearing, I think we Commission, and I was thinking about the Star Wars Project, and refuses to can stipulate that Saddam Hussein was just the same thing when I was men- do more than 3 or 4 percent of the con- a horrible man, was a tyrant, was a tioning just a few moments ago that as tainers, which is a known threat, which dictator, was guilty of crimes against part of our homeland security pillar we is a known vector of radiological mate- humanity. That is not in dispute. intend to implement the recommenda- rial; and they refuse to act. But what we ought to be overseeing tions of the 9/11 Commission. That is unconscionable. We Demo- is whether we are implementing the And probably not since that Truman crats intend to implement a bipartisan 9/11 Commission recommendations that Commission have we had a group of approach to this, which is what was in make us safe; we ought to be inves- former Members and elected officials, this 9/11 Commission. And people can tigating the Inspector General’s anal- experts on national security, come to- look it up. It is on the Internet. You ysis that $9 billion in reconstruction gether and had such a credible work can look at the report card. You know, funds in Iraq is unaccounted for. We product that was so deserving of our I thought, I was hopeful after that re- ought to be looking into, this is some- respect, attention, and implementation port card came out that the President thing that has really troubled me, I as the 9/11 Commission, not since the would get his Cabinet together and raised it with the Secretary of Defense Truman Commission. Would you agree? hold that report card and say, what is during our briefings, how is it that we Mr. INSLEE. I certainly will. I will going on here? This is absurd. I am continue to have problems with equip- point out that Democrats do not claim President of the United States, the ment and material to protect our to be the sole source of genius and wis- most powerful Nation in the world, and troops. dom in America. Republicans have we are getting Fs on securing our How is that possible? I mentioned to great ideas too, and they did in the 9/11 ports, when we have got the technology the chairman of Armed Services that if Commission, chaired by ex-Senator to do this. this was a problem of production, my Kean of New Jersey, a Republican. He I thought that he would do that. In- constituents would line up around the was one of the co-chairs of the commis- stead, you know what he did? He block to work on up-armoring vehicles, sion. walked around handing out Medals of provide state-of-the-art body armor. A group of Republicans and a group Freedom to Paul Wolfowitz who got There was no lack of will. But none of Democrats got together and did an every decision you could possibly of the country, other than those people evaluation on what this country really imagine wrong on Iraq. He told his in uniform and their families, have needs to do. And they have since then, homeland security people they are been asked to sacrifice at all. And we they have made their recommenda- doing a great job, when 95 percent of are desperate I think around the coun- tions, have issued this score card to the cargo is not screened coming into try to make a sacrifice to be part of evaluate the administration’s perform- our ports. That is not a heck of a job. the greater good and the greater effort ance to see whether those bipartisan And he has failed to respond to that re- protecting the country. We have not recommendations have been imple- port from this again bipartisan com- been asked to do it. The Congress has mented. mission in any way that I can fashion. not asked. The President has not And if it was your son or daughter’s That is one of the reasons Congress asked. We have not done the oversight score card, the kid would not be going needs to act. There is a reason the to even ask the hard questions.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.098 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1908 CONGRESSIONAL RECORD — HOUSE April 27, 2006 And so we are a Nation at risk. A Na- And we know that many of those re- billion a year, and he is committing tion that is not as well prepared as it gimes have been playing footsie with al less than 18 hours of what we are should be, and as it really must be. Qaeda and various other groups. We spending in Iraq to try to disarm our Mr. INSLEE. Well, I would agree know that our money we are spending enemies. That is not a wise strategy. with you. You have to ask, why has is going to arm our enemies, and so we We need a significant energy plan to this happened? And I think it comes believe what we need in this country is solve this problem. from an attitude of unbridled rose-col- an energy independence program that We have it in the new Apollo energy ored glasses and feel-good politics. The is not just rhetorical, but is real. And project, H.R. 2828, that I have intro- administration wanted to have a war I was pleased to have the President duced and others. That is a bold step, we could all just kind of feel good give us some rhetoric during his State leap for mankind that we will get this about, not have any personal sacrifice of the Union speech. job done. So I am happy that the associated with it, not have any con- Democrats have embraced real policies b 2030 cern on our tax policy about that what- and not just rhetoric. soever. He said, we have an addiction to oil. Mr. SCHIFF. I have to take my hat It was feel-good politics, and the atti- Well, welcome to the land of recogni- off to my colleague from Washington, tude is that we try to all feel good over tion, Mr. President. We have been wait- because no one has led more consist- here, and the only people who would be ing 6 years, but, nevertheless, it is good ently and more strongly on this issue suffering are the men and women in to hear the rhetoric. But the problem than you have. Iraq. That is a wholly irresponsible is we are not seeing the reality. Before our caucus had a strategy way to fight a war, and that is what The week he talked about breaking jointly that we have put forward before has gone on. our addiction to oil, he fired 100 sci- the President came forward, JAY INS- I wonder if I can address a little dif- entists at our renewable lab in Boulder, LEE was there, and you have been just ferent issue of our Real Security plan, Colorado. When the press suggested the most powerful advocate for years and that is what I like about the ag- that seemed somewhat inconsistent, for an Apollo-like project to bring gressiveness of the Democratic Real those pink slips were pulled back, and about energy independence. Security plan, because as you know, those scientists were back on the job. Let me touch on the first point you you have been a leader on this, we But we think we need something as made, and then I want to go a little bit Democrats feel we need to be aggres- bold as John F. Kennedy about in the more into energy independence and sive in disarming our enemy. 1960s, we need an Apollo project, we are talk about some of the other pillars, The most effective effort is offensive. going to go the moon, we will invest in and then get to the pillar we are going And we want to be offensive, not mean- the capital and wisdom and technical to focus on this evening. ing disliked, but offensive in being ag- brilliance in this country. We are going You mentioned that the priority has gressive and assertive to disarm our to take a big step forward, one big step to be placed on securing this nuclear enemies. And I want to mention two for man, one giant leap for mankind. material in the former Soviet Union. I ways, one short and one not so short. We need now a giant leap in energy agree with you exactly. When you look The short way we want to disarm our policy in this country to depend on the at what is preventing al Qaeda from enemies, we want to make sure that technical prowess of this country, be- detonating a nuclear weapon on our they cannot get access to fissionable cause Kennedy knew, and he stood soil, you might look at the difficulty of materials, which frankly are as loose right behind you right there. We are in getting the material in the country. and insecure tonight as we speak; it is an historic place here. He stood there Well, that is not very difficult. Un- roaming around places around middle March 9, 1961, and he said, we are going fortunately, as we have discussed, we Eastern Europe, the former Soviet to go to the Moon. That was an amaz- don’t have the portal technology en- Union, which is still secured with ing point. Our rockets were blowing up gaged to the degree that we need it, maybe a bicycle lock. I pay more at- on the launch pad. We had launched a tention to my Chinelli bicycle than and how would you get a nuclear weap- little softball into orbit. We hadn’t some of these old failed States in the on in the country? Well, I like to quote even invented Tang yet. middle part of Europe to fissionable the chancellor of UCLA, Chancellor A lot of people thought that was an material. Carnesale, who says, well, you could And we need to secure that. And as absurdly ambitious goal, but he under- smuggle it in a bail of marijuana. That numerous reports have indicated, the stood a central tenet of the American is one way you could get it in. That is executive branch of this government character is that when challenged, we sort of the magnitude of the problem of has failed to secure the number one respond, number one. Number two, we keeping it out. That is a tough strat- threat to this country, which is that are the greatest tinkers since, you egy at the border. fissionable material. And we will get know, whoever in Space 2001 invented Well, then, you might ask, what that job done. We will make the invest- the bone as a weapon. We are the peo- about the technology? Maybe it is ment it takes to do that, because that ple that can invent our way out of this. tough to actually build the mechanics has got to be an extremely high pri- We need to make the investments to of the bomb. But that is not hard ei- ority for this country. do that. If you look at what the Presi- ther. That is a 50-year-old technology. So one way you disarm your oppo- dent has done in his budget, it is a pa- Cal Tech is in my district. I bet I could nent is you take away their fissionable thetically insufficient commitment to pick any two Cal Tech students and material that is laying around all over this goal. We got so far two words from they could design a crude nuclear the world right now. And we will get the President. We got energy independ- weapon for me using information on that job done. ence. the Internet. But the second thing is even bigger. We got two words, but we have no What is the obstacle? Is it the will of We need to disarm our enemy from funds to do the job from him, no bold al Qaeda? It is not the will, as Osama their financial resources to attack us, strategic challenge, no commitment to bin Laden has talked very plainly and that means that we have got to be science, no commitment in our aca- about the imperative to bring about an energy independent and stop sending demic institutions. You look at the American Hiroshima. I think those our dollars to the Middle East. We have money, he came out, and I was listen- writings and those speeches he has got to start sending them to Middle ing carefully to the State of the Union given are basically his own Mein Western farmers rather than Middle address. He had this bold rhetoric and Kampf, and we ignore that at our own Eastern sheiks, in this regard. he said, therefore, I am committing a peril. Because of that $3-plus, one of my few million dollars to this project. He So if it is not lack of will or the lack staffers paid $3.35 this morning, that has committed to this budget for of technological prowess or the lack of $3.35 gallon, a good part of that goes to biofuels less than we spend in Iraq in ability to get it into the country, the the CEO of Exxon, who just walked about 18 hours. That is what we have question is why hasn’t al Qaeda away with $400 million in a bonus pack- committed to this project. brought this off? The answer is, it is age, and the rest, a lot, goes to the We have men over there fighting a hard to get the material. It is still hard Middle East to arm our enemies. war now for 3-plus years at about $80 to get the material. That is the only

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.099 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1909 real prevention we have. You know ing to the Department of Energy, this increasing safety, I might add, while something? It is just not hard enough. is the Bush’s own governmental agen- increasing safety for 5 years in this It is just not hard enough. cies, will increase our imports of oil country. Then those policies were As you point out, some of this mate- from the Middle East. I want to say stopped under a Republican President. rial is secured with a chain link fence that again because I think it is very, The fact of the matter is that had we and a night watchman and a bike lock. very important. continued on that path, if we had sim- Some of it is more secure. But much of The President, in his State of the ply continued to improve the efficiency it is in the form of highly enriched ura- Union Address, said, I want to break of our cars, as we did for those 5-year nium at research reactors. Some are our addiction to Middle Eastern oil. periods, today you and I would not be defunct or stockpiled. It is all too ac- That is the White House, the President having this discussion because we cessible. We cannot wait for a disaster. of the United States. The Department would have been free of Middle Eastern Turning to your second point, one of of Energy, which works for him pre- oil today. That is the opportunity cost the pillars of the real security plan is sumably, their analysis of his policies that we experience when we got off this the energy independence by 2020, which have concluded that the imports from bandwagon at doing smart things in would eliminate our reliance on Middle imported oil from the United States energy. East oil and all of the distortions that will increase after full implementation I just point this out; you know, we accompany our foreign policy as a re- by a significant amount. I don’t have have a history of success in this. We sult of that dependence. It would in- the number off the top of my head, but just need the policies to get it done. crease production of alternative fuels I was shocked at how much they would Mr. SCHIFF. Well, you pose an inter- in America, promote hybrid and flex- increase when I looked at this report, esting question. How can the adminis- fuel vehicle technology and manufac- under their policies. tration’s policy, which is dubbed a ‘‘re- turing. It would enhance energy effi- Why is that? First off, to me it takes duce our dependence on foreign oil,’’ be ciency and conservation incentives. a little chutzpah to talk about it up a policy which, if you actually play it I believe exactly what you do. We are there and out there in the real world out over the years, will increase our the American people. We are the best have a policy that will increase your importation of foreign oil? I can only entrepreneurs and inventors anywhere imports. But why is it such a grand say, because this is Washington. in the world. This isn’t like where we failure? Well, it is because they refused This is the same place where 3 weeks were in terms of putting a man on the to do the things that we know that ago the majority announced its deficit Moon. It is not like we were when we works. reduction package, which was, I don’t had to embark on the Manhattan You know, we know it works. Brazil know, $30- or $40 billion in spending Project. We are so much farther along is now energy independent. Last week, cuts, and about $70- or $80 billion in tax on this goal technologically. A lot of actually, they achieved total domestic cuts, which more than offset the spend- these technologies are already in exist- energy independence. The way they did ing cuts. So the net effect was increas- ence. it principally was to develop a biofuels ing the national debt, and that was a It is a question of making sure that industry. They didn’t mess around. The deficit reduction plan? I guess if that is they are made better and that they are President of Brazil didn’t just give a deficit reduction plan, then the ad- made much more use of, would be a some nice speech and say, I believe we ministration’s energy plan is subject to large part of the solution. It is not that are going to break our addiction to oil. the same logic. we can imagine these technologies; He actually did some policies. Mr. INSLEE. We have seen some they are out there, many of them. It is What they did is they made sure that pretty amazing rhetorical epiphanies just the lack of will and the lack of consumers in Brazil when they bought here in this Chamber. For the last year leadership, and it is having a crippling a car would have a car that would burn Democrats on three separate occasions effect on our economy now with gas either gasoline or ethanol. They freed have attempted to pass a bill to make prices at the pump, on our foreign pol- Brazilian consumers to make sure that sure that the Federal Trade Commis- icy, and I just want to thank you again you get to decide what you burn, not sion has the explicit authority to in- for your tremendous leadership on this the oil companies and not the auto- vestigate and punish price gouging by issue. mobile manufacturers. They insisted the oil and gas industry. We wanted to Mr. INSLEE. Well, I appreciate your that every consumer when you buy a make it real clear that we wanted that words, but in a sense it is easy in con- car, you get a flex-fuel vehicle that can investigation, and even when there is a trast to brand X. If you look at the en- burn either gas or ethanol. lack of complicity, where there is price ergy bill that the Republican-con- When they did that, that imme- manipulation, that should be shut trolled Congress that was promoted by diately created an enormous demand down. I think Americans are with us this President, it is hardly a secret for an ethanol industry. Without sub- 100 percent on that. Three times we that this President had substantial his- sidies for the Brazilian government, tried to pass that. The Republicans tory in the oil and gas industry, and it boom, 40 percent, 6 years later, 40 per- blocked us every single time. would not be surprising if that affected cent of all the transportation in Brazil Now, last week I heard the Speaker decisions, just like the secret meetings is run on ethanol, which does not feed of the House say, we demanded an in- that the Vice President had when he the Middle East and the sheiks, has vestigation of price gouging in the oil designed the energy independence. In zero emissions of global warming gases, and gas industry. Welcome, I guess; the secret meetings the President has because it is circular, it has no net in- better late than never. But we will see always refused to tell us about, I doubt crease of global warming gases. if we really get that law passed here. It that they were hatching a plot to cre- Brazil achieved that not because they will be interesting. We heard the press ate biofuels and energy independence are smarter than we are, not because conference. If we had the vote, we from the oil and gas industry. I suspect they have better natural resources could have done that today. It will be that was not a discussion, had we been than we do. We have got the Midwest, interesting to see. a fly on the wall to listen to what they we have got Microsoft, we have got Mr. SCHIFF. I think this is part and were talking about. Maybe they were Intel, we have got Google. You know, parcel of the broader problem, where talking about a way to increase the they have got some smart people, too. there is a lack of accountability, there profits of the oil and gas industries But what they had was leadership that is a lack of responsibility. The reality that led to $3 a gallon of gas and the had actual policies rather than just is that our friends in the majority have largest profits of any corporation in rhetoric. That is what we need. been in the majority now for years. the solar system history in this quar- The second thing I just want to point They control this body, they control ter in the oil and gas industry. Maybe out, we have had experience in achiev- the Senate, they control the White that is what happened. Can’t be sure. ing this in the United States. It was House, they have got a pretty favorable But in any event, the policy that this during the late 1970s. We improved the Supreme Court, and there has been not Republican-controlled Congress came efficiency of our cars by over 60 percent only inaction on energy independence, out with that was promoted by the in 5 years. We were on a path of dou- but actually we have lost ground and President of the United States, accord- bling the efficiency of our cars while are moving in the wrong direction.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.100 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1910 CONGRESSIONAL RECORD — HOUSE April 27, 2006 There is really only one party to blame antees our troops, active, reserve, re- all of them I talked to, said one thing: and one party responsible for that fail- tired, and our veterans and their fami- I want to get back to my unit as soon ure. lies receive the pay and health care, as possible. Mr. SCHIFF. Just to interrupt for a b 2045 the mental health services and other benefits they have earned and deserve. second. I visited our troops in that And for several years the blame was Finally, we will strengthen the Na- very same hospital, as well as here in all placed on the Clinton administra- tional Guard in partnership with the Bethesda at Walter Reed. That is ex- tion. Everything that was going on Nation’s Governors to ensure it is fully actly what they told me also. They just years after the Clinton administration manned, equipped and, available to want to get back to their unit. These was the fault of the Clinton adminis- meet missions at home and abroad. young people, and they are so young, tration. But at some point you have to Building this 21st-century military that is the most striking thing when take responsibility when you are in the begins with the acknowledgment that you meet them in the field. They are so leadership. When you are in the major- we are in a new era with a new set of committed, it just can’t help but take ity, you have to take responsibility. challenges and threats distinct from your breath away. Let us take the pillar that we wanted those we faced in the Cold War. Our Mr. INSLEE. Whatever you think of to highlight tonight, and that is the colleagues on the other side of the aisle the Iraq operation, whatever you think 21st century military, the part of our delight in accusing our party of having of the strategy, I think anybody who Real Security plan that would a pre- 9/11 mindset. But their steward- met these people would be incredibly strengthen our military and that would ship of the Nation’s defenses makes it proud and reach one bipartisan conclu- rebuild a state-of-the-art military; that clear that it is the majority that has sion, that they deserve the best that would ensure that we have the world’s been living in the past. America can provide. best equipment and training; that will We need a military that is highly mo- And you have to ask the question: provide accurate intelligence and a bile, self-sustaining, and capable of op- Have they gotten the best that Amer- strategy for success; that would bring erating in small units. On the one ica could provide? And the answer is a about a new GI Bill of Rights for the hand, our ability to use air power has resounding no, they have not. They 21st century, and that will strengthen extended our global reach and allows have not gotten the personal body the National Guard. us to engage enemies without large armor, they have not gotten the ar- Let me talk briefly about a couple of numbers of ground troops being em- mored Humvees, they have not gotten those items, and then I would love to ployed, as was the case in Kosovo and basic equipment, on occasion, that we hear your thoughts as well. In poll Afghanistan. On the other hand, the have talked about. The National Guard after poll, the American people have war on terror, ongoing operations in in particular has been shorted some demonstrated they have more faith in Iraq and the increasing need for Amer- important equipment. They simply the military than in any other public ican forces to play a stabilizing role as have not gotten the best that America institution in this country. I have been peacekeepers and peace enforcers de- can provide. to Iraq three times, I have been to Af- mands the sustained commitment of And when you ask the administra- ghanistan twice, I have met with our American forces. tion, Donald Rumsfeld, why we sent troops there and have spent a lot of Our friends in the majority used to these people in, not in cardboard, but time with military personnel here and deride these types of operations as na- essentially thin-skinned Humvees with around the world and other places, and tion-building. But in a post-9/11 world, no protection, his answer was, and I am that confidence in the troops is well we cannot allow states to fail and be- paraphrasing, well, we didn’t know placed. America does have the finest come havens for Islamists and other anybody was going to be shooting at us military in the world. radicals to plot attacks against us. in the rear. We have the armor up in In Iraq and Afghanistan, our soldiers, Clearly, we need to increase the size of front. But, geez, the guys in the rear? our sailors, our airmen and marines the active-duty Army and Marine Who could have imagined that an Iraqi have done everything we have asked of Corps. would be unhappy that a Western occu- them and more. But since 9/11, our Na- These are just some of the steps we pation army of 150,000 people roaming tion’s Armed Forces have become over- will take. There are others I want to through might be unhappy about that, extended. We have had recruiting goals highlight, but I will be happy to yields and might be shooting at our people, that have not been met, forcing the to my colleague from Washington. and might be doing improvised explo- armed services to enlist less qualified Mr. INSLEE. I just want to preface sive devices? That was beyond our com- men and women. my comments about the strategies and prehension. Because of the poor planning by the tactics, about the people we have in Just like it was beyond their com- administration, many units are on Iraq and Afghanistan. I think any dis- prehension that the levees could be their second and third tours in Iraq and cussion needs to center on them, at the topped during Katrina. Those two fail- Afghanistan, and Army and Marine point of the spear, at our request. ures of obvious common sense I think Corps personnel still don’t have ade- When I think about these issues, I have to go down in the top 10 of ineffec- quate body armor and sufficiently ar- think about the soldiers I met in tive, incompetent, uncaring, rank mis- mored vehicles to the degree they Landshtul, Germany, just before takes, and that is too easy a word to should. Thanksgiving, where most of our badly use, in American history. Levees won’t We are committed to ensuring that wounded go after they leave Iraq. We be topped and people won’t be shooting the United States military remains have an amazing medical system, at us back in the streets of Baghdad for second to none and, more importantly, which I am happy about, taking care of the years we were going to be there. committed to building the Armed our men and women. By the time they That was the working assumption of Forces to confront the threats of the get to Germany, a lot of them are con- Donald Rumsfeld and the President of 21st century. The Real Security plan, scious, and so I had a chance to meet the United States when they sent our which I went over, has these elements these folks. I met a couple of young troops into harm’s way. that will rebuild the state-of-the-art men from Bremerton, Washington, just I can’t think of a possible excuse for military by making the needed invest- south of my district, both of whom had that bone-headed assumption. As a re- ments in equipment and manpower so very severe injuries. Their legs were up sult, our people aren’t coming home, a we can project power to protect Amer- and pins were sticking out and tubes lot of them. And the anger I feel is ica wherever and whenever necessary. coming every which way. One guy had matched by a lot of my constituents Second, we will guarantee our troops both arms shattered, up and attached who feel this way, whether they are for have the protective gear, equipment, to pieces of metal. They were very seri- or against the Iraq war. They deserve and training they need and are never ously injured guys. I just wanted to say better than they are getting. sent to war without accurate intel- thank you to them and asked if there And the Democrats are going to in- ligence and a strategy for success. was any way we could help them. sist that when our people go into ac- Third, we will enact a GI Bill of I asked both, What do you have in tion they are going to be fully Rights for the 21st century that guar- mind? And both of them said, in fact equipped, and we will not go in there

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.101 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1911 with sort of a hallucination that it is have had some difficulty in having as And this is why we need a change. We going to be like the film clip of the many alliances around the world as we need a change that will, as you say, Champs Elysees in 1944. They should need in this war on terrorism. bring the world together in a great have anticipated that. So I wanted to We are certainly experiencing that in cause. Because in the end, this fight we get that off my chest. Iran right now, when we are trying to have with terrorism unites us. It is an But I want to say one thing about in- rally the world on a sanction policy attack on civilization. telligence, if I can. against Iran, and we are not getting as Mr. SCHIFF. If I can add one thing, much cooperation as we should. And, b 2100 before you do, and that is one of the frankly, one of the reasons is that the And was it Ben Franklin who said, things that really concerns me, and rest of the world is not particularly ‘‘We have to hang together or we shall here again is the failure of us in this pleased that the President refused to all hang separately’’? body to do the oversight we should, to work with the rest of the world in Iraq. Mr. INSLEE. I don’t think it was have the majority support that over- So what I would say about the Demo- Yogi Berra. sight, and that is have we moved as cratic approach to intelligence is there Mr. SCHIFF. I thank the gentleman quickly as we can, as quickly as this are two things we believe are the most from Washington for his great work. great Nation can to provide the tech- effective in intelligence work, or at f nology to defend against these impro- least two things we are vastly short in: vised explosive devices that have taken electronic surveillance, very impor- HOUSE BILLS AND JOINT RESOLU- so many Americans lives? I think the tant, and we can talk more about that TIONS APPROVED BY THE PRESI- answer is, no, we have not done all we in a minute; but we have to boost the DENT can. We have not moved as fast as we human intelligence, the number of ef- The President notified the Clerk of could. fective agencies that have penetrated the House that on the following dates I know certainly in Congress, when these cells around the world and can he had approved and signed bills and these questions have come up, we work with other governments in that joint resolutions of the following titles: haven’t gotten the answers, I think, to regard. February 3, 2006: go home to our constituents and say Two, we have to rally the world to a H.R. 4659. An Act to amend the USA PA- every rock is being turned over, every global alliance that is against us. And TRIOT ACT to extend the sunset of certain effort is being made, every resource is when we have a chief executive officer provisions of such Act. being expended to make sure we are that tells the rest of the world to go February 10, 2006: protected against the IEDs. I think fish on Iraq and global warming and on H.R. 4519. An Act to amend the Public there is more we could be doing. the land mine treaty, and you name it, Health Service Act to extend funding for the And the L.A. Times had an analysis it doesn’t make you a very effective operation of State high risk health insurance pools. recently of a promising new technology rallier of troops. And that is a problem. February 15, 2006: and the frustration of those that have Mr. SCHIFF. And this is precisely H.R. 4636, An Act to enact the technical been working on this program about the problem. When we discuss where we and conforming amendments necessary to how difficult it is to get that tech- are in the rest of the world, what our implement the Federal Deposit Insurance nology actually out into the field. That standing is in the world, and some of Reform Act of 2005, and for other purposes. is inexcusable. If there is promising our colleagues on the other side of the February 18, 2006: technology, it needs to be fast-tracked, aisle will pejoratively say, well, we H.R. 4745. An Act making supplemental ap- and it needs to be put to immediate don’t care about the court of public propriations for fiscal year 2006 for the Small Business Administration’s disaster loans use. opinion, we are not in this to be pop- program, and for other purposes. The fact that we would lose a single ular. Well, it is true we are not in this March 9, 2006: life because of the failure of the richest to be popular. But when we alienate H.R. 3199. An Act to extend and modify au- Nation on Earth to provide the body the rest of the world, it has a real cost thorities needed to combat terrorism, and armor, the up-armored vehicles, or the to us in terms of our own security. for other purposes. technology to defeat the IEDs is just We are dependent, like it or not, on March 14, 2006: inexcusable. information about al Qaeda’s oper- H.R. 4515. An Act to designate the facility Mr. INSLEE. Well, I agree. And I ations from other nations. If we can’t of the United States Postal Service located want to, if I can, talk about intel- get their cooperation, that affects our at 4422 West Sciota Street in Scio, New York, as the ‘‘Corporal Jason L. Dunham ligence for a moment because I think security. If we communicate to the rest Post Office’’. that in the nature of the warfare we of the world that we don’t care about March 16, 2006: are involved in with terrorism, intel- their priorities, when we go to them H.R. 32. An Act to amend title 18, United ligence, if not everything, is most of about ours, when we go to them about States Code, to provide criminal penalties our ability to stop a terrorist attack. North Korea or Iran or Iraq, how can for trafficking in counterfeit marks. What I want to point out is that we we expect a warm and ready and wel- March 20, 2006: have an enormous shortfall of coming response? We can’t. And that H.R. 1287. An Act designating the facility HUMINT, or human intelligence. We puts us more at risk. of the United States Postal Service located at 312 East North Avenue in Flora, Illinois, have an enormous shortfall of human So this has had real consequences. as the ‘‘Robert T. Ferguson Post Office agents around the world. And Demo- When I consider where we were in the Building’’. crats have committed to ramping up world’s estimation and the kind of co- H.R. 2113. An Act to designate the facility that capability in this country because operation we could get pre-9/11, and I of the United States Postal Service located we recognize that in the new threat en- look now, when it should be that much at 2000 McDonough Street in Joliet, Illinois, vironment we have, the new threat is greater given what took place on 9/11, as the ‘‘John F. Whiteside Joliet Post Office much more likely to come from an al but it is that much more problematic Building’’. Qaeda ring personally delivered by a because these world leaders, even if H.R. 2346, An Act to designate the facility of the United States Postal Service located taxi cab and bus than it is by an ICBM they wanted to help us, and many of at 105 NW Railroad Avenue in Hammond, from some particular other place on them do, because they recognize the Louisiana, as the ‘‘John J. Hainkel, Jr. Post the planet. threat to themselves from terrorism as Office Building’’. You wonder why this administration well, but if our Nation is that unpopu- H.R. 2413, An Act to designate the facility is not ramping up the human intel- lar, or our chief executive is that un- of the United States Postal Service located ligence around the globe. There are a popular and politically they can’t af- at 1202 1st Street in Humble, Texas, as the couple of reasons. One, is they would ford to do it, that is a real problem. ‘‘Lillian McKay Post Office Building’’. rather put the money in the Star Wars When people are running for office in H.R. 2630. An Act to redesignate the facil- projects by the tens of billions of dol- foreign capitals of our allies on a plat- ity of the United States Postal Service lo- cated at 1927 Sangamon Avenue in Spring- lars. That is number one. And number form of who will be most opposed to field, Illinois. as the ‘‘J.M. Dietrich North- two, frankly, because this President the United States policy, that is a east Annex’’. worked so ineffectively with the rest of problem for our security. It is not H.R. 2894, An Act to designate the facility the world leading up to Iraq that we about popularity; it is about security. of the United States Postal Service located

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K27AP7.103 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1912 CONGRESSIONAL RECORD — HOUSE April 27, 2006 at 102 South Walters Avenue in Hodgenville, April 11, 2006: gency Management Agency for carrying out Kentucky, as the ‘‘Abraham Lincoln Birth- H.R. 1259. An Act to award a congressional the national flood insurance program. place Post Office Building’’. gold medal on behalf of the Tuskegee Air- March 24, 2006: H.R. 3256, An Act to designate the facility men, collectively, in recognition of their S. 1184. An Act to waive the passport fees of the United States Postal Service located unique military record, which inspired revo- for a relative of a deceased member of the at 3038 West Liberty Avenue in Pittsburgh, lutionary reform in the Armed Forces. Armed Forces proceeding abroad to visit the Pennsylvania, as the ‘‘Congressman James April 13. 2006: grave of such member or to attend a funeral Grove Fulton Memorial Post Office Build- H.J. Res. 81. A joint resolution providing or memorial service for such member. ing’’. for the appointment of Phillip Frost as a cit- S. 2363. An Act to extend the educational H.R. 3368. An Act to designate the facility izen regent of the Board of Regents of the flexibility program under section 4 of the of the United States Postal Service located Smithsonian Institution. Education Flexibility Partnership Act of at 6483 Lincoln Street in Gagetown, Michi- H.J. Res. 82. A joint resolution providing 1999. gan, as the ‘‘Gagetown Veterans Memorial for the reappointment of Alan G. Spoon as a April 11, 2006: Post Office’’. citizen regent of the Board of Regents of the S. 2116. An Act to transfer jurisdiction of H.R. 3439. An Act to designate the facility Smithsonian Institution. certain real property to the Supreme Court. of the United States Postal Service located April 20, 2006: S. 2120. An Act to ensure regulatory equity at 201 North 3rd Street in Smithfield, North H.R. 4979. An Act to amend the Robert T. between and among all dairy farmers and Carolina, as the ‘‘Ava Gardner Post Office’’. Stafford Disaster Relief and Emergency As- handlers for sales of packaged fluid milk in H.R. 3548. An Act to designate the facility sistance Act to clarify the preference for federally regulated milk marketing areas of the United States Postal Service located local firms in the award of certain contracts and into certain non-federally regulated on Franklin Avenue in Pearl River, New for disaster relief activities. milk marketing areas from federally regu- York, as the ‘‘Heinz Ahlmeyer, Jr. Post Of- f lated areas, and for other purposes. fice Building’’. f H.R. 3703. An Act to designate the facility SENATE BILLS AND JOINT RESO- of the United States Postal Service located LUTIONS APPROVED BY THE LEAVE OF ABSENCE at 8501 Philatelic Drive in Spring Hill, Flor- PRESIDENT By unanimous consent, leave of ab- ida, as the ‘‘Staff Sergeant Michael Schafer Post Office Building’’. The President notified the Clerk of sence was granted to: H.R. 3770. An Act to designate the facility the House that on the following dates Mr. ORTIZ (at the request of Ms. of the United States Postal Service located he had approved and signed bills and PELOSI) for today after 4:30 p.m. on ac- at 205 West Washington Street in Knox, Indi- joint resolutions of the Senate of the count of a family emergency. ana, as the ‘‘Grant W. Green Post Office following titles: Ms. ROS-LEHTINEN (at the request of Building’’. February 8, 2006: Mr. BOEHNER) for today on account of a H.R. 3825. An Act to designate the facility death in the family. of the United States Postal Service located S. 1932. An Act to provide for reconcili- at 770 Trumbull Drive in Pittsburgh, Penn- ation pursuant to section 202(a) of the con- f current resolution on the budget for fiscal sylvania, as the ‘‘Clayton J. Smith Memorial SPECIAL ORDERS GRANTED Post Office Building’’. year 2006 (H. Con. Res. 95). H.R. 3830. An Act to designate the facility February 27, 2006: By unanimous consent, permission to of the United States Postal Service located S. 1989. An Act to designate the facility of address the House, following the legis- at 130 East Marion Avenue in Punta Gorda, the United States Postal Service located at lative program and any special orders Florida, as the ‘‘U.S. Cleveland Post Office 57 Rolfe Square in Cranston, Rhode Island, heretofore entered, was granted to: shall be known and designated as the ‘‘Holly Building’’. (The following Members (at the re- H.R. 3989, An Act to designate the facility A. Charette Post Office’’. March 6, 2006: quest of Ms. WOOLSEY) to revise and ex- of the United States Postal Service located tend their remarks and include extra- at 37598 Goodhue Avenue in Dennison, Min- S. 1777. An Act to provide relief for the vic- nesota, as the ‘‘Albert H. Quie Post Office’’. tims of Hurricane Katrina. neous material:) H.R. 4053. An Act to designate the facility March 9, 2006: Ms. WOOLSEY, for 5 minutes, today. of the United States Postal Service located S. 2271. An Act to clarify that individuals Mr. EMANUEL, for 5 minutes, today. at 545 North Rimsdale Avenue in Covina, who receive FISA orders can challenge non- Mr. DEFAZIO, for 5 minutes, today. California, as the ‘‘Lillian Kinkella Keil Post disclosure requirements, that individuals Mr. PALLONE, for 5 minutes, today. who receive national security letters are not Office’’. Mr. BROWN of Ohio, for 5 minutes, required to disclose the name of their attor- H.R. 4107. An Act to designate the facility today. of the United States Postal Service located ney, that libraries are not wire or electronic Mr. STUPAK, for 5 minutes, today. at 1826 Pennsylvania Avenue in Baltimore, communication service providers unless they Ms. DELAURO, for 5 minutes, today. Maryland, as the ‘‘Maryland State Delegate provide specific services, and for other pur- Lena K. Lee Post Office Building’’. poses. Mr. GEORGE MILLER of California, for H.R. 4152. An Act to designate the facility March 13, 2006: 5 minutes, today. of the United States Postal Service located S. 449. An Act to facilitate shareholder Mr. BLUMENAUER, for 5 minutes, at 320 High Street in Clinton. Massachusetts, consideration of proposals to make Settle- today. as the ‘‘Raymond J. Salmon Post Office’’. ment Common Stock under the Alaska Na- Mr. CUMMINGS, for 5 minutes, today. tive Claims Settlement Act available to H.R. 4295. An Act to designate the facility Mrs. MALONEY, for 5 minutes, today. missed enrollees, eligible elders, and eligible of the United States Postal Service located Ms. WATERS, for 5 minutes, today. at 12760 South Park Avenue in Riverton, persons born after December 18, 1971, and for Ms. JACKSON-LEE of Texas, for 5 min- Utah, as the ‘‘Mont and Mark Stephensen other purposes. Veterans Memorial Post Office Building’’. March 20, 2006: utes, today. H.J. Res. 47. A joint resolution increasing S. 1578. An Act to reauthorize the Upper (The following Members (at the re- the statutory limit on the public debt. Colorado and San Juan River Basin endan- quest of Mr. GARRETT of New Jersey) to March 23. 2006: gered fish recovery implementation pro- revise and extend their remarks and in- H.R. 1053. An Act to authorize the exten- grams. clude extraneous material:) sion of nondiscriminatory treatment (nor- S. 2089. An Act to designate the facility of Mr. GINGREY, for 5 minutes, today. the United States Postal Service located at mal trade relations treatment) to the prod- Mr. SHIMKUS, for 5 minutes, today. ucts of Ukraine. 1271 North King Street in Honolulu, Oahu, Mr. GARRETT of New Jersey, for 5 H.R. 1691. An Act to designate the Depart- Hawaii, as the ‘‘Hiram L. Fong Post Office ment of Veterans Affairs outpatient clinic in Building’’. minutes, today. Appleton, Wisconsin, as the ‘‘John H. Brad- S. 2320. An Act to make available funds in- Ms. FOXX, for 5 minutes, today. ley Department of Veterans Affairs Out- cluded in the Deficit Reduction Act of 2005 Ms. ROS-LEHTINEN, for 5 minutes, patient Clinic’’. for the Low-Income Home Energy Assistance May 2. March 24, 2006: Program for fiscal year 2006, and for other f H.R. 4826. An Act to extend through De- purposes. cember 31, 2006, the authority of the Sec- March 23, 2006: ADJOURNMENT retary of the Army to accept and expend S. 2064. An Act to designate the facility of Mr. INSLEE. Mr. Speaker, I move funds contributed by non-Federal public en- the United States Postal Service located at that the House do now adjourn. tities to expedite the processing of permits. 122 South Bill Street in Francesville, Indi- April 1, 2006: ana, as the Malcolm Melville ‘‘Mac’’ Law- The motion was agreed to; accord- H.R. 4911. An Act to temporarily extend rence Post Office. ingly (at 9 o’clock p.m.), under its pre- the programs under the Higher Education S. 2275. An Act to temporarily increase the vious order, the House adjourned until Act of 1965, and for other purposes. borrowing authority of the Federal Emer- Monday, May 1, 2006, at noon.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.018 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1913 EXECUTIVE COMMUNICATIONS, Protection Agency, transmitting the Agen- Act of 2006,’’ pursuant to D.C. Code section 1- ETC. cy’s final rule—National Emission Standards 233(c)(1); to the Committee on Government for Hazardous Air Pollutants: Hydrochloric Reform. Under clause 8 of rule XII, executive Acid Production [EPA-HQ-OAR-2002-0057; 7049. A letter from the Chairman, Council communications were taken from the FRL-8055-6] (RIN: 2060-AM25) received April of the District of Columbia, transmitting a Speaker’s table and referred as follows: 4, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to copy of D.C. ACT 16-352, ‘‘District Depart- 7029. A letter from the Principal Deputy the Committee on Energy and Commerce. ment of Transportation DC Circulator Tem- Associate Administrator, Environmental 7039. A letter from the Principal Deputy porary Amendment Act of 2006,’’ pursuant to Protection Agency, transmitting the Agen- Associate Administrator, Environmental D.C. Code section 1-233(c)(1); to the Com- cy’s final rule—Emamectin; Pesticide Toler- Protection Agency, transmitting the Agen- mittee on Government Reform. 7050. A letter from the Chairman, Council ance [EPA-HQ-OPP-2005-0212; FRL-7765-4] re- cy’s final rule—Idaho: Incorporation by Ref- of the District of Columbia, transmitting a ceived April 4, 2006, pursuant to 5 U.S.C. erence of Approved State Hazardous Waste copy of D.C. ACT 16-346, ‘‘Closing of a Por- 801(a)(1)(A); to the Committee on Agri- Management Program [FRL-8055-7] received tion of a Public Alley in Square 5230, S.O. 04- culture. April 4, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); 9922, Act of 2006,’’ pursuant to D.C. Code sec- 7030. A letter from the Principal Deputy to the Committee on Energy and Commerce. tion 1-233(c)(1); to the Committee on Govern- Associate Administrator, Environmental 7040. A letter from the Principal Deputy Associate Administrator, Environmental ment Reform. Protection Agency, transmitting the Agen- 7051. A letter from the Chairman, Council Protection Agency, transmitting the Agen- cy’s final rule—Pyraclostrobin; Pesticide of the District of Columbia, transmitting a cy’s final rule—PM2.5 De Minimis Emission Tolerances [EPA-HQ-OPP-2004-0292; FRL- copy of D.C. ACT 16-351, ‘‘Closing of Public 7772-8] received April 4, 2006, pursuant to 5 Levels for General Conformity Applicability Alleys in Square 743N, S.O. 04-12457, Act of U.S.C. 801(a)(1)(A); to the Committee on Ag- [EPA-HQ-OAR-2004-0491; FRL-8055-3] (RIN: 2006,’’ pursuant to D.C. Code section 1- riculture. 2060-AN60) received April 4, 2006, pursuant to 233(c)(1); to the Committee on Government 7031. A letter from the Principal Deputy 5 U.S.C. 801(a)(1)(A); to the Committee on Reform. Associate Administrator, Environmental Energy and Commerce. 7052. A letter from the Chairman, Council Protection Agency, transmitting the Agen- 7041. A letter from the Principal Deputy of the District of Columbia, transmitting a cy’s final rule—Novaluron; Pesticide Toler- Associate Administrator, Environmental copy of D.C. ACT 16-350, ‘‘Washington Metro- ance [OPP-2005-0525; FRL-7756-8] received Protection Agency, transmitting the Agen- politan Area Transit Authority Fund Act of April 4, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); cy’s final rule—National Emission Standards 2006,’’ pursuant to D.C. Code section 1- to the Committee on Agriculture. for Hazardous Air Pollutants: General Provi- 233(c)(1); to the Committee on Government 7032. A letter from the Principal Deputy sions [EPA-HQ-OAR-2004-0094; FRL-8055-5] Reform. Associate Administrator, Environmental (RIN: 2060-AM89) received April 4, 2006, pur- 7053. A letter from the Chairman, Council Protection Agency, transmitting the Agen- suant to 5 U.S.C. 801(a)(1)(A); to the Com- of the District of Columbia, transmitting a cy’s final rule—FD&C Blue No. 1 PEG De- mittee on Energy and Commerce. copy of D.C. ACT 16-345, ‘‘Government Facil- rivatives; Exemptions from the Requirement 7042. A letter from the Principal Deputy ity Security Amendment Act of 2006,’’ pursu- of a Tolerance [EPA-HQ-OPP-2005-0486; FRL- Associate Administrator, Environmental ant to D.C. Code section 1-233(c)(1); to the 7765-1] received April 4, 2006, pursuant to 5 Protection Agency, transmitting the Agen- Committee on Government Reform. U.S.C. 801(a)(1)(A); to the Committee on En- cy’s final rule—Approval and Promulgation 7054. A letter from the Chairman, Council ergy and Commerce. of Air Quality Implementation Plans; Penn- of the District of Columbia, transmitting a 7033. A letter from the Principal Deputy sylvania; Redesignation of the Hazelwood copy of D.C. ACT 16-349, ‘‘New Columbia Associate Administrator, Environmental SO2 Nonattainment and the Monongahela Community Land Trust 20th and Channing Protection Agency, transmitting the Agen- River Valley Unclassifiable Area to Attain- Streets, N.E. Tax Exemption Act of 2006,’’ cy’s final rule—National Emission Standards ment and Approval of the Maintenance Plan; pursuant to D.C. Code section 1-233(c)(1); to for Hazardous Air Pollutants for Industrial Correction [PA209-4302; FRL-8055-8] received the Committee on Government Reform. Process Cooling Towers [EPA-HQ-OAR-2004- April 4, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); 7055. A letter from the Chairman, Council 0004; FRL-8054-1] (RIN: 2060-AK16) received to the Committee on Energy and Commerce. of the District of Columbia, transmitting a April 4, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); 7043. A communication from the President copy of D.C. ACT 16-344, ‘‘Advisory Commis- to the Committee on Energy and Commerce. of the United States, transmitting notifica- sion on Sentencing Amendment Act of 2006,’’ 7034. A letter from the Principal Deputy tion that an executive order has been issued pursuant to D.C. Code section 1-233(c)(1); to Associate Administrator, Environmental blocking additional persons in connection the Committee on Government Reform. 7056. A letter from the Chairman, Council Protection Agency, transmitting the Agen- with the national emergency declared in Ex- of the District of Columbia, transmitting a cy’s final rule—National Emission Standards ecutive Order 13338 of May 11, 2004, con- copy of D.C. ACT 16-342, ‘‘Closing of a Por- for Magnetic Tape Manufacturing Operations cerning actions of the Government of Syria, tion of a Public Alley in Square 1030, S.O. 02- [EPA-HQ-OAR-2003-0161; FRL-8054-2] (RIN: pursuant to 50 U.S.C. 1701; (H. Doc. No. 109- 2103, Act of 2006,’’ pursuant to D.C. Code sec- 2060-AK23) received April 4, 2006, pursuant to 100); to the Committee on International Re- tion 1-233(c)(1); to the Committee on Govern- 5 U.S.C. 801(a)(1)(A); to the Committee on lations and ordered to be printed. ment Reform. 7044. A letter from the Assistant Secretary Energy and Commerce. 7057. A letter from the Assistant Adminis- 7035. A letter from the Principal Deputy for Legislative Affairs, Department of State, trator, Bureau for Legislative and Public Af- Associate Administrator, Environmental transmitting the Department’s report to fairs, Agency for International Development, Protection Agency, transmitting the Agen- Congress on Arms Control, Nonproliferation transmitting in accordance with the Federal cy’s final rule—Amendments to Vehicle In- and Disarmament Studies completed in 2004, Activities Inventory Reform Act of 1998 spection Maintenance Program Require- pursuant to 31 U.S.C. 1113 note; to the Com- (FAIR Act), the Year 2005 A-76 Inventory of ments to Address the 8-Hour National Ambi- mittee on International Relations. Commercial Activities for FY 2004; to the 7045. A letter from the Chairman, Council ent Air Quality Standard for Ozone [EPA- Committee on Government Reform. HQ-OAR-2004-0095; FRL-8054-3] (RIN: 2060- of the District of Columbia, transmitting a 7058. A letter from the Chief Human AM21) received April 4, 2006, pursuant to 5 copy of D.C. ACT 16-348, ‘‘Non-Health Re- Captial Officer, Corporation for National and U.S.C. 801(a)(1)(A); to the Committee on En- lated Occupations and Professions Licensure Community Service, transmitting a report ergy and Commerce. Amendment Act of 2006,’’ pursuant to D.C. pursuant to the Federal Vacancies Reform 7036. A letter from the Principal Deputy Code section 1-233(c)(1); to the Committee on Act of 1998; to the Committee on Govern- Associate Administrator, Environmental Government Reform. ment Reform. Protection Agency, transmitting the Agen- 7046. A letter from the Chairman, Council 7059. A letter from the Chairman, Council cy’s final rule—National Emission Standards of the District of Columbia, transmitting a of the District of Columbia, transmitting a for Gasoline Distribution Facilities (Bulk copy of D.C. ACT 16-354, ‘‘Oak Hill Construc- copy of D.C. ACT 16-343, ‘‘Financial Institu- Gasoline Terminals and Pipeline Breakout tion Streamlining Temporary Amendment tions Deposit and Investment Act of 2006,’’ Stations) [EPA-HQ-OAR-2004-0019; FRL-8054- Act of 2006,’’ pursuant to D.C. Code section 1- pursuant to D.C. Code section 1-233(c)(1); to 5] (RIN: 2060-AK10) received April 4, 2006, pur- 233(c)(1); to the Committee on Government the Committee on Government Reform. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Reform. 7060. A letter from the Assistant Secretary mittee on Energy and Commerce. 7047. A letter from the Chairman, Council for Administration and Management, De- 7037. A letter from the Principal Deputy of the District of Columbia, transmitting a partment of Labor, transmitting the Depart- Associate Administrator, Environmental copy of D.C. ACT 16-353, ‘‘Triangle Commu- ment’s annual report for FY 2005, summa- Protection Agency, transmitting the Agen- nity Garden Equitable Real Property Tax rizing data and analysis of complaints filed cy’s final rule—Ethylene Oxide Emissions Exemption and Relief Temporary Act of for the past five fiscal years and how the De- Standards for Sterilization Facilities [EPA- 2006,’’ pursuant to D.C. Code section 1- partment is working to fulfill the require- HQ-OAR-2003-0197; FRL-8054-6] (RIN: 2060- 233(c)(1); to the Committee on Government ments of the Act, pursuant to Public Law AK09) received April 4, 2006, pursuant to 5 Reform. 107-174, section 203 of Title II; to the Com- U.S.C. 801(a)(1)(A); to the Committee on En- 7048. A letter from the Chairman, Council mittee on Government Reform. ergy and Commerce. of the District of Columbia, transmitting a 7061. A letter from the Secretary, Depart- 7038. A letter from the Principal Deputy copy of D.C. ACT 16-347, ‘‘Low-Emissions ment of Transportation, transmitting in ac- Associate Administrator, Environmental Motor Vehicle Tax Exemption Amendment cordance with Section 647(b) of Division F of

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\L27AP7.000 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1914 CONGRESSIONAL RECORD — HOUSE April 27, 2006 the Consolidated Appropriations Act, FY port on Acquisitions Made from Foreign partment’s final rule—Safety Zone; Upper 2004, Pub. L. 108-199, the Department’s report Manufacturers for Fiscal Year 2005’’ in ac- Mississippi River Mile Marker 791.2 to Mile entitled, ‘‘Report to Congress on the Fiscal cordance with Section 641 of Division H of Marker 791.7, Red Wing, MN [COTP St. Year (FY) 2005 Competitive Sourcing Ef- the Fiscal Year 2005 Consolidated Appropria- Louis-05-024] (RIN: 1625-AA00) received March forts’’; to the Committee on Government Re- tions Act, Pub. L. 108-447; to the Committee 16, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to form. on Government Reform. the Committee on Transportation and Infra- 7062. A letter from the Chairman, Federal 7074. A letter from the Chairman, Ten- structure. Housing Finance Board, transmitting a copy nessee Valley Authority, transmitting the 7084. A letter from the Chief, Regulations of the Board’s No Fear Act Report for FY Authority’s Annual Performance Report for and Administrative Law, USCG, Department 2005, pursuant to Public Law 107-174; to the FY 2005, in accordance with the require- of Homeland Security, transmitting the De- Committee on Government Reform. ments of the Government Performance and partment’s final rule—Safety Zone; Upper 7063. A letter from the Director, Office of Results Act of 1993; to the Committee on Mississippi River Mile Marker 790.7 to Mile Management, Federal Housing Finance Government Reform. Marker 791.3, Red Wing, MN [COTP St. Board, transmitting the Board’s 2005 Annual 7075. A letter from the Director, Tennessee Louis-05-025] (RIN: 1625-AA00) received March Report on the Use of Category Ratings to fill Valley Authority, transmitting the report in 16, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to positions, pursuant to 5 U.S.C. 3319; to the compliance with the Government in the Sun- the Committee on Transportation and Infra- Committee on Government Reform. shine Act for Calendar Year 2005, pursuant to structure. 7064. A letter from the General Counsel, 5 U.S.C. 552b(j); to the Committee on Govern- 7085. A letter from the Chief, Regulations Government Accoutability Office, transmit- ment Reform. and Administrative Law, USCG, Department ting the information required pursuant to 7076. A letter from the Chief, Regulations of Homeland Security, transmitting the De- the annual reporting requirement set forth and Administrative Law, USCG, Department partment’s final rule—Safety Zone; Tampa in Section 203 of the ‘‘Notification and Fed- of Homeland Security, transmitting the De- Bay, FL [COTP Tampa 05-099] (RIN: 1625- eral Employee Antidiscrimination and Re- partment’s final rule—Safety Zone; Upper AA00) received March 16, 2006, pursuant to 5 taliation Act of 2002’’ (NoFear), Pub. L. 107- Mississippi River Mile Marker 179.2 to Mile U.S.C. 801(a)(1)(A); to the Committee on 174, for Fiscal Year 2005; to the Committee Marker 180.0, St. Louis, MO [COTP St. Louis- Transportation and Infrastructure. on Government Reform. 05-019] (RIN: 1625-AA00) received March 16, 7086. A letter from the Chief, Regulations 7065. A letter from the Chairman, Inter- 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Administrative Law, USCG, Department national Trade Commission, transmitting in Committee on Transportation and Infra- of Homeland Security, transmitting the De- accordance with Section 645 of Division F, structure. partment’s final rule—Safety Zone; Tampa Title VI, of the Consolidated Appropriations 7077. A letter from the Chief, Regulations Bay, FL [COTP Tampa 05-100] (RIN: 1625- Act, FY 2004, Pub. L. 108-199, the Commis- and Administrative Law, USCG, Department AA00) received March 16, 206, pursuant to 5 sion’s report covering fiscal year 2005; to the of Homeland Security, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on Committee on Government Reform. partment’s final rule—Safety Zone; Illinois Transportation and Infrastructure. 7066. A letter from the Chairman, Merit River Mile Marker 162.3 to Mile Marker 162.7, 7087. A letter from the Senior Vice Presi- Systems Protection Board, transmitting the Peoria, IL [COTP St. Louis-05-017] (RIN: 1625- dent, Communications, Tennessee Valley Board’s report entitled, ‘‘Designing an Effec- AA00) received March 16, 2006, pursuant to 5 Authority, transmitting a copy of the tive Pay for Performance Compensation Sys- U.S.C. 801(a)(1)(A); to the Committee on Authority’s statistical summary for Fiscal tem,’’ pursuant to 5 U.S.C. 1204(a)(3); to the Transportation and Infrastructure. Year 2005, pursuant to 16 U.S.C. 831h(a); to Committee on Government Reform. 7078. A letter from the Chief, Regulations the Committee on Transportation and Infra- 7067. A letter from the Administrator, Na- and Administrative Law, USCG, Department structure. tional Aeronautics and Space Administra- of Homeland Security, transmitting the De- 7088. A letter from the Assistant Secretary tion, transmitting pursuant to the provi- partment’s final rule—Safety Zone; Missouri for Legislative and Intergovernmental Af- sions of the Federal Activities Inventory Re- River Mile Marker 422.0 to Mile Marker 423.5, fairs, Department of Homeland Security, form (FAIR) Act of 1998 (Pub. L. 105-270) and Atchison, KS [COTP St. Louis-05-020] (RIN: transmitting notification that the Depart- OMB Circular A-76, Performance of Commer- 1625-AA00) received March 16, 2006, pursuant ment has created the Critical Infrastructure cial Activities, the Administration’s FY 2005 to 5 U.S.C. 801(a)(1)(A); to the Committee on Partnership Advisory Council (CIPAC); to inventory of commercial activities per- Transportation and Infrastructure. the Committee on Homeland Security. 7079. A letter from the Chief, Regulations formed by federal employees and inventory 7089. A letter from the Secretary, Depart- and Administrative Law, USCG, Department of inherently governmental activities; to the ment of Energy, transmitting the Depart- of Homeland Security, transmitting the De- Committee on Government Reform. ment’s report to Congress on a plan for the 7068. A letter from the Archivist of the partment’s final rule—Safety Zone; Upper development of fusion energy, in compliance United States, National Archives and Mississippi River Mile Marker 840.0 to Mile with Sections 972(a) and (b) of the Energy Records Administration, transmitting a re- Marker 840.4, ST. Paul, MN [COTP St. Louis- Policy Act of 2005; jointly to the Committees port on a proposed archival depository for 05-021] (RIN: 1625-AA00) received March 16, on Energy and Commerce and Science. the Presidential records and other historical 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7090. A letter from the Assistant Secretary materials of the Nixon administration, pur- Committee on Transportation and Infra- for Legislative Affairs, Department of Home- suant to 44 U.S.C. 2112; to the Committee on structure. land Security, transmitting the Depart- Government Reform. 7080. A letter from the Assistant Secretary ment’s report on the threat from act of ter- 7069. A letter from the Director, Office of for Legislative and Intergovernmental Af- rorism to U.S. ports and vessels operating National Drug Control Policy, transmitting fairs, Department of Homeland Security, from those ports, pursuant to 46 U.S.C. app. the Office’s FY 2006 through FY 2012 Stra- transmitting the report on the results of a 1802; jointly to the Committees on Transpor- tegic Plan; to the Committee on Government demonstration project involving the imple- tation and Infrastructure and Homeland Se- Reform. mentation of the Crew Endurance Manage- curity. 7070. A letter from the Office of the Dis- ment System (CEMS) on towing vessels, pur- 7091. A letter from the Secretary, Depart- trict of Columbia Auditor, transmitting a re- suant to Public Law 108-293, section 409; to ment of Homeland Security, transmitting port entitled, ‘‘Letter Report: Advisory the Committee on Transportation and Infra- notification of the change in the title of the Neighborhood Commission 7D Unauthorized structure. Check Activity’’; to the Committee on Gov- 7081. A letter from the Chief, Regulations office and position of the Under Secretary of ernment Reform. and Administrative Law, USCG, Department Emergency and Preparedness and Response 7071. A letter from the Chairman, Securi- of Homeland Security, transmitting the De- with the title, ‘‘Under Secretary for Federal ties and Exchange Commission, transmitting partment’s final rule—Safety Zone; Missouri Emergency Management,’’ pursuant to Pub- a report about the Commission’s activities in River, Mile 732.0 to Mile 732.6, Sioux City, IA lic Law 107-296, section 872; jointly to the FY 2005 to ensure accountability for anti- [COTP St. Louis-05-022] (RIN: 1625-AA00) re- Committees on Transportation and Infra- discrimination and whistleblower laws re- ceived March 16, 2006, pursuant to 5 U.S.C. structure and Homeland Security. lated to employment, pursuant to Public 801(a)(1)(A); to the Committee on Transpor- f Law 107-174, section 203 of Title II; to the tation and Infrastructure. Committee on Government Reform. 7082. A letter from the Chief, Regulations REPORTS OF COMMITTEES ON 7072. A letter from the Administrator, and Administrative Law, USCG, Department PUBLIC BILLS AND RESOLUTIONS Small Business Administration, transmit- of Homeland Security, transmitting the De- Under clause 2 of rule XIII, reports of ting a copy of the Administration’s Fiscal partment’s final rule—Safety Zone; Upper committees were delivered to the Clerk Year 2005 Notification and Federal Employee Mississippi River, Mile 335.5 to Mile 336.5, La Anti-Discrimination and Retaliation (No Grange, MO [COTP St. Louis-05-023] (RIN: for printing and reference to the proper FEAR) Act Annual Report, pursuant to Pub- 1625-AA00) received March 16, 2006, pursuant calendar, as follows: lic Law 107-174, section 203; to the Committee to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. POMBO: Committee on Resources. on Government Reform. Transportation and Infrastructure. H.R. 3418. A bill to amend the Reclamation 7073. A letter from the Commissioner, So- 7083. A letter from the Chief, Regulations Wastewater and Groundwater Study and Fa- cial Security Administration, transmitting and Administrative Law, USCG, Department cilities Act to authorize the Secretary of the the Administration’s report entitled, ‘‘Re- of Homeland Security, transmitting the De- Interior to participate in the Central Texas

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\L27AP7.000 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1915 Water Recycling and Reuse Project, and for H.R. 5218. A bill to amend the Internal Rev- 1996 to authorize the Secretary of the Inte- other purposes; with an amendment (Rept. enue Code of 1986 to provide that oil and gas rior to enter into cooperative agreements 109–442). Referred to the Committee of the companies will not be eligible for the effec- with any of the management partners of the Whole House on the State of the Union. tive rate reductions enacted in 2004 for do- Boston Harbor Islands National Recreation Mr. POMBO: Committee on Resources. mestic manufacturers; to the Committee on Area, and for other purposes; to the Com- H.R. 4013. A bill to amend the Reclamation Ways and Means. mittee on Resources. Projects Authorization and Adjustment Act By Mr. SENSENBRENNER (for himself By Mr. LINCOLN DIAZ-BALART of of 1992 to provide for conjunctive use of sur- and Mr. SMITH of Texas): Florida: face and groundwater in Juab County, Utah H.R. 5219. A bill to amend title 28, United H.R. 5228. A bill to require representatives (Rept. 109–443). Referred to the Committee of States Code, to provide for the detection and of governments designated as State Sponsors the Whole House on the State of the Union. prevention of inappropriate conduct in the of Terrorism to disclose to the Attorney Mr. POMBO: Committee on Resources. Federal judiciary; to the Committee on the General lobbying contacts with legislative H.R. 4686. A bill to reauthorize various fish- Judiciary. branch officials, and for other purposes; to eries management laws, and for other pur- By Ms. GINNY BROWN-WAITE of Flor- the Committee on the Judiciary, and in addi- poses; with an amendment (Rept. 109–444). ida: tion to the Committee on International Re- Referred to the Committee of the Whole H.R. 5220. A bill to establish the Veterans lations, for a period to be subsequently de- House on the State of the Union. Advisory Committee on Certification, termined by the Speaker, in each case for Mr. TOM DAVIS of Virginia: Committee on Credentialing, and Licensure; to the Com- consideration of such provisions as fall with- Government Reform. H.R. 5112. A bill to pro- mittee on Veterans’ Affairs. in the jurisdiction of the committee con- vide for reform in the operations of the exec- By Mr. BRADLEY of New Hampshire cerned. utive branch (Rept. 109–445). Referred to the (for himself and Mr. BASS): By Mr. ENGLISH of Pennsylvania (for Committee of the Whole House on the State H.R. 5221. A bill to amend title 38, United himself, Mr. DOYLE, Mr. ACKERMAN, of the Union. States Code, to enhance services provided by Ms. EDDIE BERNICE JOHNSON of Texas, Mr. SENSENBRENNER: Committee on the Vet Centers operated by the Secretary of Ms. KILPATRICK of Michigan, Mr. Judiciary. House Resolution 724. Resolution Veterans Affairs, to clarify and improve the CONYERS, Mr. DEFAZIO, Mr. honoring Leonidas Ralph Mecham, Director provision of bereavement counseling by the DELAHUNT, Mr. EMANUEL, Mr. EVANS, of the Administrative Office of the United Department of Veterans Affairs, and for Mr. FITZPATRICK of Pennsylvania, States Courts and Secretary of the Judicial other purposes; to the Committee on Vet- Mr. HINCHEY, Mrs. JOHNSON of Con- Conference of the United States (Rept. 109– erans’ Affairs. necticut, Mrs. MCCARTHY, Mr. 446). Referred to the House Calendar. By Mr. CASE: GEORGE MILLER of California, Mr. f H.R. 5222. A bill to amend the Native MORAN of Virginia, Mr. MURTHA, Mr. American Languages Act to provide for the OLVER, Mr. PALLONE, Mr. PLATTS, PUBLIC BILLS AND RESOLUTIONS support of Native American language sur- Mr. ROTHMAN, Ms. SCHAKOWSKY, Mr. Under clause 2 of rule XII, public vival schools, and for other purposes; to the SCHIFF, Mr. SHAYS, Mr. SIMMONS, Mr. bills and resolutions were introduced Committee on Education and the Workforce. SMITH of New Jersey, Mr. TOWNS, Mr. and severally referred, as follows: By Mr. CONYERS (for himself, Mr. UDALL of Colorado, Mr. VAN HOLLEN, WEXLER, Mr. GRIJALVA, Mr. SANDERS, Mr. WELDON of Pennsylvania, Mr. By Mr. LANTOS (for himself, Mr. TOM Mr. MCDERMOTT, Ms. SCHAKOWSKY, BERMAN, Mr. BRADY of Pennsylvania, DAVIS of Virginia, Mr. CUMMINGS, Mr. Mr. STARK, Mr. CAPUANO, Ms. MCCOL- Mr. ISRAEL, Mr. SABO, and Ms. HART): VAN HOLLEN, Mr. MCDERMOTT, Mr. LUM of Minnesota, Ms. BALDWIN, Mr. H.R. 5229. A bill to amend the Animal Wel- DOGGETT, Mr. GRIJALVA, Mr. OWENS, HONDA, Mrs. MALONEY, Mr. VAN fare Act to ensure that all dogs and cats used Mr. WEXLER, Mr. MORAN of Virginia, HOLLEN, Mr. FARR, and Ms. LEE): by research facilities are obtained legally; to Mr. BRADY of Pennsylvania, Mr. JEF- H.R. 5223. A bill to establish the National the Committee on Agriculture. FERSON, Mr. KUCINICH, Mr. WOLF, Mr. Commission on Surveillance Activities and By Mr. FOSSELLA (for himself, Mr. UDALL of Colorado, Ms. KILPATRICK of the Rights of Americans; to the Committee FEENEY, Mr. PAUL, Mr. LIPINSKI, Mrs. Michigan, Mr. CONYERS, Mr. SNYDER, on Intelligence (Permanent Select), and in JO ANN DAVIS of Virginia, and Mr. Ms. BORDALLO, Mr. PAYNE, Mr. addition to the Committee on the Judiciary, SHADEGG): BISHOP of Georgia, Mr. CLYBURN, Mr. for a period to be subsequently determined H.R. 5230. A bill to amend the Internal Rev- SCOTT of Virginia, Ms. MILLENDER- by the Speaker, in each case for consider- enue Code of 1986 to allow a credit against MCDONALD, Mr. CAPUANO, Mrs. ation of such provisions as fall within the ju- tax for qualified elementary and secondary CHRISTENSEN, Mrs. MCCARTHY, Ms. risdiction of the committee concerned. education tuition; to the Committee on EDDIE BERNICE JOHNSON of Texas, Mr. By Mrs. CUBIN: Ways and Means. TAYLOR of Mississippi, Mr. SERRANO, H.R. 5224. A bill to designate the facility of By Mr. ISSA (for himself, Mr. TOM Mr. FATTAH, Mr. BOYD, Mr. CARDIN, the United States Postal Service located at DAVIS of Virginia, Mr. HUNTER, Mr. Mr. TOWNS, Ms. NORTON, Mr. FOLEY, 350 Uinta Drive in Green River, Wyoming, as SOUDER, Mr. CALVERT, Mrs. BONO, and Mrs. MALONEY, Mr. RUPPERSBERGER, the ‘‘Curt Gowdy Post Office Building’’; to Mr. KELLER): Mr. MEEKS of New York, Mr. the Committee on Government Reform. H.R. 5231. A bill to limit Federal court ju- HASTINGS of Florida, Ms. WATSON, By Ms. DEGETTE (for herself, Mr. risdiction over certain suits pertaining to Mr. GUTIERREZ, Mr. SCOTT of Georgia, BECERRA, Mr. CASTLE, Mr. CUMMINGS, the application of a price threshold in deter- Mr. CLAY, and Mr. BERMAN): Mr. DAVIS of Alabama, Mr. DAVIS of mining the volume for which suspension of H.R. 5216. A bill to require the establish- Illinois, Mr. GUTIERREZ, Mr. royalties applies to certain offshore oil and ment of a national database in the National HAYWORTH, Mr. HINOJOSA, Mr. HONDA, gas leases; to the Committee on the Judici- Archives to preserve records of servitude, Mr. JACKSON of Illinois, Ms. JACKSON- ary. emancipation, and post-Civil War recon- LEE of Texas, Ms. KILPATRICK of By Mr. KANJORSKI: struction and to provide grants to State and Michigan, Mrs. NAPOLITANO, Mr. H.R. 5232. A bill to direct the Secretary of local entities to establish similar local data- OWENS, Mr. REYES, Ms. LINDA T. the Interior to initiate and complete an eval- bases; to the Committee on Government Re- SA´ NCHEZ of California, Ms. SOLIS, Ms. uation of lands and waters located in North- form. WATERS, Mr. WELDON of Pennsyl- eastern Pennsylvania for their potential ac- By Mrs. MCCARTHY (for herself, Mr. vania, and Mr. WU): quisition and inclusion in a future Cherry SCHWARZ of Michigan, Mr. BISHOP of H.R. 5225. A bill to amend the Public Valley National Wildlife Refuge, and for New York, Ms. JACKSON-LEE of Health Service Act to prevent and cure dia- other purposes; to the Committee on Re- Texas, Mrs. MALONEY, and Ms. betes and to promote and improve the care of sources. BORDALLO): individuals with diabetes for the reduction of By Ms. KILPATRICK of Michigan: H.R. 5217. A bill to authorize the Secretary health disparities within racial and ethnic H.R. 5233. A bill to make funding for the of Homeland Security to award competitive minority groups, including the African- housing choice voucher program of the De- grants to units of local government for inno- American, Hispanic American, Asian Amer- partment of Housing and Urban Development vative programs that address expenses in- ican and Pacific Islander, and American In- more reliable and predictable at the local curred in responding to the needs of undocu- dian and Alaskan Native communities; to level, and for other purposes; to the Com- mented immigrants; to the Committee on the Committee on Energy and Commerce. mittee on Financial Services. the Judiciary, and in addition to the Com- By Ms. DEGETTE (for herself and Mr. By Mr. LARSON of Connecticut (for mittees on Energy and Commerce, and Fi- MARKEY): himself, Mr. MCDERMOTT, Mr. HIN- nancial Services, for a period to be subse- H.R. 5226. A bill to repeal certain tax provi- CHEY, Mr. ALLEN, Ms. HOOLEY, Mr. quently determined by the Speaker, in each sions of the Energy Policy Act of 2005; to the GRIJALVA, Ms. DELAURO, Mr. HONDA, case for consideration of such provisions as Committee on Ways and Means. Mr. NADLER, and Ms. LEE): fall within the jurisdiction of the committee By Mr. DELAHUNT (for himself, Mr. H.R. 5234. A bill to amend the Internal Rev- concerned. MARKEY, and Mr. MCGOVERN): enue Code of 1986 to repeal certain tax incen- By Mr. MCDERMOTT (for himself and H.R. 5227. A bill to amend the Omnibus tives for oil companies; to the Committee on Mr. LARSON of Connecticut): Parks and Public Lands Management Act of Ways and Means.

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By Ms. LEE: mittee on Small Business, for a period to be Mr. HINCHEY, Mr. SWEENEY, Mr. KUHL H.R. 5235. A bill to direct the President to subsequently determined by the Speaker, in of New York, Ms. KAPTUR, Mr. WYNN, enter into an arrangement with the National each case for consideration of such provi- Mr. STRICKLAND, Mr. REYNOLDS, Mrs. Academy of Sciences to evaluate certain sions as fall within the jurisdiction of the KELLY, Ms. MCCOLLUM of Minnesota, Federal rules and regulations for potentially committee concerned. and Mr. GENE GREEN of Texas): harmful impacts on public health, air qual- By Ms. NORTON: H.R. 5250. A bill to amend the Public ity, water quality, plant and animal wildlife, H.R. 5243. A bill to authorize the Secretary Health Service Act regarding early detec- global climate, or the environment; and to of Health and Human Services to establish a tion, diagnosis, and treatment of hearing direct Federal departments and agencies to dental education loan repayment program to loss; to the Committee on Energy and Com- create plans to reverse those impacts that encourage dentists to serve at facilities with merce. are determined to be harmful by the Na- a critical shortage of dentists in areas with By Mrs. WILSON of New Mexico: tional Academy of Sciences; to the Com- a high incidence of HIV/AIDS; to the Com- H.R. 5251. A bill to amend the Internal Rev- mittee on Energy and Commerce, and in ad- mittee on Energy and Commerce. enue Code of 1986 to encourage the use of al- dition to the Committees on Transportation By Ms. ROYBAL-ALLARD (for herself, ternative fuel vehicles, and for other pur- and Infrastructure, Resources, and Agri- Ms. WATSON, Mrs. NAPOLITANO, Mr. poses; to the Committee on Ways and Means. culture, for a period to be subsequently de- BECERRA, Ms. SOLIS, and Mr. WAX- By Mr. AKIN (for himself, Mr. HEFLEY, termined by the Speaker, in each case for MAN): Mr. DUNCAN, and Mr. FEENEY): consideration of such provisions as fall with- H.R. 5244. A bill to revitalize the Los Ange- H.J. Res. 84. A joint resolution proposing in the jurisdiction of the committee con- les River, and for other purposes; to the an amendment to the Constitution of the cerned. Committee on Transportation and Infra- United States to limit the power of Federal courts to force a State or local government By Mr. LEWIS of Georgia (for himself, structure. to levy or increase taxes; to the Committee Mr. HULSHOF, Mr. CLEAVER, Mr. JEF- By Mr. SANDERS (for himself, Mr. on the Judiciary. FERSON, Mr. HASTINGS of Florida, Mr. CONYERS, Mr. MCDERMOTT, Mr. By Mrs. MCCARTHY (for herself, Mr. GRIJALVA, Mr. TOWNS, Mrs. MCCAR- GRIJALVA, Mr. HINCHEY, and Mr. PLATTS, Mr. GEORGE MILLER of Cali- THY, Mr. SERRANO, Mr. MARSHALL, SHERMAN): fornia, Ms. DELAURO, Mr. TOWNS, Mr. Mr. DELAHUNT, Mr. BROWN of Ohio, H.R. 5245. A bill to designate the facility of WEXLER, Ms. KILPATRICK of Michigan, Mr. BERMAN, Mr. CLAY, Mr. the United States Postal Service located at 1 Mr. KENNEDY of Rhode Island, Mr. MCDERMOTT, and Mr. SCHIFF): Marble Street in Fair Haven, Vermont, as H.R. 5236. A bill to establish an Unsolved the ‘‘Matthew Lyon Post Office Building’’; to LEWIS of Georgia, Mr. SANDERS, Mrs. Crimes Section in the Civil Rights Division the Committee on Government Reform. MALONEY, Mr. HINOJOSA, Ms. WOOL- of the Department of Justice, and an Un- By Mr. SHAW (for himself and Mr. SES- SEY, Mr. OWENS, Mr. KILDEE, Mr. solved Civil Rights Crime Investigative Of- SIONS): DAVIS of Illinois, Mr. FARR, Mr. fice in the Civil Rights Unit of the Federal H.R. 5246. A bill to amend title XVIII of the MOORE of Kansas, Ms. ESHOO, Mr. Bureau of Investigation, and for other pur- Social Security Act to restore financial sta- GRIJALVA, and Ms. LEE): H. Con. Res. 395. Concurrent resolution poses; to the Committee on the Judiciary. bility to Medicare anesthesiology teaching supporting the goals and ideas of a National By Mr. MARKEY: programs for resident physicians; to the Child Care Worthy Wage Day; to the Com- H.R. 5237. A bill to seek the inclusion of Committee on Energy and Commerce, and in mittee on Education and the Workforce. certain requirements of the International addition to the Committee on Ways and By Mr. FRANKS of Arizona (for him- Health Regulations of the World Health Or- Means, for a period to be subsequently deter- self, Mr. SMITH of New Jersey, Mrs. ganization as obligations under the World mined by the Speaker, in each case for con- JO ANN DAVIS of Virginia, Mr. WOLF, Trade Organization; to the Committee on sideration of such provisions as fall within Mr. TANCREDO, and Mr. PASTOR): Ways and Means, and in addition to the Com- the jurisdiction of the committee concerned. By Mr. SMITH of New Jersey (for him- H. Con. Res. 396. Concurrent resolution ex- mittees on International Relations, and En- pressing the sense of the Congress that the ergy and Commerce, for a period to be subse- self and Mr. LANTOS): H.R. 5247. A bill to provide assistance for United States should address the ongoing quently determined by the Speaker, in each problem of untouchability in India; to the case for consideration of such provisions as the Museum of the History of Polish Jews in Warsaw, Poland; to the Committee on Inter- Committee on International Relations, and fall within the jurisdiction of the committee in addition to the Committees on Financial national Relations. concerned. Services, Government Reform, and Edu- By Mr. STUPAK (for himself, Mr. DIN- By Mrs. MCCARTHY: cation and the Workforce, for a period to be GELL, Mr. LARSON of Connecticut, Mr. H.R. 5238. A bill to amend title XVIII of the subsequently determined by the Speaker, in NADLER, Mrs. MCCARTHY, Mr. HIN- Social Security Act to eliminate adjust- each case for consideration of such provi- CHEY, Mr. BAIRD, Mrs. NAPOLITANO, ments in Medicare payments for imaging sions as fall within the jurisdiction of the Mr. CHANDLER, Ms. SCHWARTZ of services made by section 5102 of the Deficit committee concerned. Pennsylvania, Mr. TIERNEY, Mr. INS- Reduction Act of 2005; to the Committee on By Mrs. MCCARTHY (for herself, Mr. LEE, Ms. MCKINNEY, Mr. ALLEN, Mr. Energy and Commerce, and in addition to OSBORNE, Mrs. TAUSCHER, Ms. GRANG- AL GREEN of Texas, Mr. DEFAZIO, the Committee on Ways and Means, for a pe- ER, Ms. SOLIS, Ms. ROS-LEHTINEN, and Mrs. CAPPS, Mr. PASCRELL, Mr. riod to be subsequently determined by the Mr. ACKERMAN): Speaker, in each case for consideration of DOGGETT, Mr. RUPPERSBERGER, and H. Res. 784. A resolution commending and such provisions as fall within the jurisdic- Mr. BISHOP of New York): supporting Radio Al Mahaba, Iraq’s first and tion of the committee concerned. H.R. 5248. A bill to regulate over-the- only radio station for women; to the Com- By Mr. MCHUGH: counter trading of energy derivatives; to the mittee on International Relations. H.R. 5239. A bill to amend the Internal Rev- Committee on Agriculture. By Mr. LANGEVIN (for himself and By Mr. TERRY (for himself, Mr. CROW- enue Code of 1986 to increase the credit for Mr. BARTON of Texas): certain alternative motor vehicles assembled LEY, Ms. HARRIS, Mr. FEENEY, Mr. H. Res. 785. A resolution honoring the lives in the United States; to the Committee on HOLT, Mr. OSBORNE, Mr. and achievements of Christopher and Dana Ways and Means. FORTENBERRY, Mr. ROGERS of Michi- Reeve; to the Committee on Energy and By Mr. MCHUGH: gan, Mr. WALDEN of Oregon, Mr. Commerce. H.R. 5240. A bill to amend the Internal Rev- GREEN of Wisconsin, Mr. DAVIS of Il- By Mr. RYUN of Kansas (for himself, enue Code of 1986 to suspend the excise tax linois, Mr. MANZULLO, Mr. MEEKS of Mr. TANCREDO, Mr. MCCAUL of Texas, on highway motor fuels when average United New York, Mr. PENCE, Mr. MCCOTTER, Mr. MCCOTTER, Mr. SCHWARZ of States retail gasoline prices exceed $2.75 per and Mr. SOUDER): Michigan, Mr. DOOLITTLE, and Mr. gallon; to the Committee on Ways and H.R. 5249. A bill to amend the Foreign As- FOLEY): Means. sistance Act of 1961 to require recipients of H. Res. 786. A resolution condemning the By Mr. MCINTYRE: United States foreign assistance to certify recent election of the Iranian Ambassador to H.R. 5241. A bill to amend the Water Re- that the assistance will not be used to inten- the United Nations to the position of Vice- sources Development Act of 1976 to allow the tionally traffic in goods or services that con- chair of the United Nations Disarmament Secretary of the Army to extend the period tain counterfeit marks, and for other pur- Commission; to the Committee on Inter- during which the Secretary may provide poses; to the Committee on International national Relations. beach nourishment for a water resources de- Relations. By Ms. SOLIS: velopment project; to the Committee on By Mr. WALSH (for himself, Mr. RYUN H. Res. 787. A resolution expressing the Transportation and Infrastructure. of Kansas, Mrs. CAPPS, Mrs. MCCAR- sense of the House of Representatives that By Mr. NEUGEBAUER: THY, Ms. SCHAKOWSKY, Mr. all workers deserve fair treatment and safe H.R. 5242. A bill to amend title 44 of the MCDERMOTT, Mr. JEFFERSON, Mr. working conditions, and honoring Dolores United States Code, to provide for the sus- WAXMAN, Mr. PALLONE, Mr. EHLERS, Huerta for her commitment to the improve- pension of fines under certain circumstances Mr. MCHUGH, Mr. KING of New York, ment of working conditions for farm worker for first-time paperwork violations by small Mr. BOEHLERT, Mr. PASTOR, Mr. families and the rights of women and chil- business concerns; to the Committee on Gov- FOLEY, Mr. MCNULTY, Mr. FARR, Mr. dren; to the Committee on Education and ernment Reform, and in addition to the Com- BACHUS, Ms. MILLENDER-MCDONALD, the Workforce.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\L27AP7.100 H27APPT1 hmoore on PROD1PC68 with HMHOUSE April 27, 2006 CONGRESSIONAL RECORD — HOUSE H1917 ADDITIONAL SPONSORS H.R. 3949: Mr. KLINE and Mr. ABERCROMBIE. H.R. 5015: Mr. UDALL of Colorado and Mr. H.R. 3964: Mr. FRANK of Massachusetts, Mr. GRIJALVA. Under clause 7 of rule XII, sponsors CASE, and Mr. HONDA. H.R. 5022: Ms. DEGETTE, Mrs. CAPPS, Mr. were added to public bills and resolu- H.R. 4005: Mr. STRICKLAND and Mr. UDALL EMANUEL, Mr. LARSEN of Washington, and tions as follows: of Colorado. Mr. AL GREEN of Texas. H.R. 34: Mr. OXLEY. H.R. 4033: Mr. CHABOT and Mr. H.R. 5037: Mr. CAMPBELL of California, Mr. H.R. 65: Mr. OXLEY, Mr. GERLACH, Mr. BLUMENAUER. PETERSON of Pennsylvania, Mr. GARY G. MIL- WOLF, and Mr. TAYLOR of North Carolina. H.R. 4082: Mr. HOLT. LER of California, Mr. TAYLOR of North Caro- H.R. 161: Mr. REYES and Mr. RANGEL. H.R. 4121: Mr. CARTER. lina, Mr. BACHUS, Mr. FOLEY, Mr. BACHUS, H.R. 226: Mr. WALSH. H.R. 4156: Mr. BECERRA. Mr. FOLEY, and Mr. OXLEY. H.R. 503: Mr. INGLIS of South Carolina and H.R. 4157: Miss MCMORRIS, Mr. CAMPBELL H.R. 5056: Mr. COLE of Oklahoma. Mr. BARRETT of South Carolina. of California, Mr. LUCAS, and Mr. COLE of H.R. 5058: Ms. SCHAKOWSKY and Mr. CON- H.R. 550: Ms. HARMAN. Oklahoma. YERS. H.R. 691: Mr. LEWIS of Kentucky. H.R. 4197: Mr. BERMAN. H.R. 5072: Mr. KING of Iowa, Mr. LATHAM, H.R. 699: Mr. MILLER of North Carolina, H.R. 4217: Mr. STEARNS. and Mr. LEWIS of Kentucky. Ms. SLAUGHTER, Mr. BOUSTANY, and Ms. WA- H.R. 4236: Mr. COSTA. H.R. 5099: Mr. CARDOZA. TERS. H.R. 4298: Ms. DELAURO and Mr. ENGEL. H.R. 5100: Mr. SENSENBRENNER, Mr. ISRAEL, H.R. 709: Mr. HAYWORTH. H.R. 4315: Mr. BISHOP of Georgia, Mr. and Mrs. JONES of Ohio. H.R. 759: Mr. PRICE of North Carolina. KUCINICH, Mr. GUTKNECHT, and Mr. NUSSLE. H.R. 5104: Mr. BILIRAKIS, Mr. BOYD, Ms. H.R. 765: Mr. RAMSTAD. H.R. 4341: Mr. BOYD, Mr. BARROW, and Mr. CORRINE BROWN of Florida, Ms. GINNY H.R. 857: Mr. CLAY. NUSSLE. BROWN-WAITE of Florida, Mr. CRENSHAW, Mr. H.R. 865: Mr. JOHNSON of Illinois, and Ms. H.R. 4357: Mr. KUHL of New York. LINCOLN DIAZ-BALART of Florida, Mr. MARIO BERKLEY. H.R. 4366: Mr. LINCOLN DIAZ-BALART of DIAZ-BALART of Florida, Mr. FEENEY, Mr. H.R. 892: Mr. GENE GREEN of Texas. Florida. FOLEY, Ms. HARRIS, Mr. HASTINGS of Florida, H.R. 944: Mr. MANZULLO. H.R. 4371: Mr. PRICE of North Carolina. Mr. KELLER, Mr. MACK, Mr. MEEK of Florida, H.R. 964: Mrs. KELLY. H.R. 4465: Mr. PRICE of North Carolina and Mr. MICA, Mr. MILLER of Florida, Mr. PUT- H.R. 974: Mrs. TAUSCHER. Mr. DAVIS of Illinois. NAM, Ms. ROS-LEHTINEN, Mr. SHAW, Mr. H.R. 1237: Mr. MURPHY and Mr. GERLACH. H.R. 4479: Mr. CAPUANO, Mr. SERRANO, Mr. STEARNS, Ms. WASSERMAN SCHULTZ, Mr. H.R. 1498: Mr. BISHOP of Georgia. OBEY, Mr. HONDA, and Mrs. LOWEY. WELDON of Florida, Mr. WEXLER, and Mr. H.R. 1522: Mrs. MALONEY. H.R. 4542: Mr. ROSS and Mr. SCHIFF. YOUNG of Florida. H.R. 1561: Mr. WELDON of Pennsylvania. H.R. 4547: Mrs. JO ANN DAVIS of Virginia. H.R. 5106: Mr. EHLERS, Mr. PRICE of North H.R. 1697: Mr. BISHOP of Georgia, Mr. H.R. 4562: Mr. SCHIFF, Ms. WATSON, Mr. Carolina, Mr. DAVIS of Illinois, and Ms. ZOE HOLDEN, and Mr. HINOJOSA. BROWN of Ohio, Mr. GERLACH, Mr. HONDA, Ms. LOFGREN of California. H.R. 1709: Mrs. BIGGERT. MATSUI, Mr. PAYNE, Mr. UDALL of New Mex- H.R. 5113: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 1798: Mr. KUCINICH, Mr. NADLER, Mr. ico, Mr. BISHOP of Georgia, Mr. BLUMENAUER, fornia, Ms. WOOLSEY, Mr. LEVIN, Mrs. GRIJALVA, and Mr. DOGGETT. Mrs. CHRISTENSEN, Mr. CUELLAR, Mr. MALONEY, and Mr. DAVIS of Illinois. H.R. 1861: Mr. FOSSELLA. DOGGETT, Mr. FILNER, Mr. GRIJALVA, Ms. H.R. 5114: Mr. SMITH of Washington, Mr. H.R. 1994: Ms. BERKLEY. HERSETH, Ms. KILPATRICK of Michigan, Mr. BONILLA, Mr. GINGREY, Mr. FEENEY, Ms. H.R. 2070: Mr. MORAN of Virginia, Mr. NEAL LYNCH, Mrs. NAPOLITANO, Mr. OWENS, Mr. FOXX, Mr. BARRETT of South Carolina, Mrs. of Massachusetts, Mr. HONDA, Mr. WYNN, Mr. UDALL of Colorado, Mr. WYNN, and Mr. CUBIN, and Mr. MORAN of Kansas. MARKEY, Ms. WATSON, Mr. MCNULTY, Mr. ETHERIDGE. H.R. 5115: Mr. RAMSTAD. CLAY, and Mr. DOYLE. H.R. 4574: Mr. MCDERMOTT. H.R. 5120: Mr. FRANK of Massachusetts. H.R. 2177: Mr. CALVERT. H.R. 4597: Mr. PASTOR, Mr. MORAN of Vir- H.R. 5129: Mr. SHADEGG, Mr. UPTON, and H.R. 2178: Mr. MCNULTY. ginia, and Mr. SCHIFF. Mr. MILLER of Florida. H.R. 2350: Mr. WALDEN of Oregon. H.R. 4622: Mr. BISHOP of Georgia and Ms. H.R. 5131: Mr. CASTLE and Mr. DOGGETT. H.R. 2410: Mr. BERMAN, Mr. LEVIN, Mr. CORRINE BROWN of Florida. H.R. 5134: Mr. CASE. MOORE of Kansas, Mrs. TAUSCHER, Mr. PAUL, H.R. 4623: Mr. RAMSTAD, Mr. UDALL of New H.R. 5136: Mr. EDWARDS and Mr. LUCAS. and Ms. ZOE LOFGREN of California. Mexico, Ms. HARRIS, Ms. LEE, Mrs. MALONEY, H.R. 5139: Mr. DAVIS of Illinois. H.R. 2421: Mr. ROSS. Mr. GRIJALVA, Mr. DOYLE, Mr. GERLACH, Mr. H.R. 5140: Mr. DAVIS of Illinois. H.R. 2498: Mr. JOHNSON of Illinois. VAN HOLLEN, Mr. BRADY of Pennsylvania, H.R. 5141: Mr. EMANUEL and Mr. DAVIS of H.R. 2683: Mr. DAVIS of Illinois and Mr. Ms. BERKLEY, and Mr. GUTKNECHT. Illinois. MEEKS of New York. H.R. 4666: Ms. MCCOLLUM of Minnesota. H.R. 5142: Mr. EMANUEL and Mr. DAVIS of H.R. 2727: Mr. PRICE of North Carolina. H.R. 4681: Mr. DAVIS of Illinois, Mr. TAN- Illinois. H.R. 2828: Mr. DOGGETT and Ms. SCHWARTZ NER, Mr. EHLERS, Ms. BORDALLO, Mr. H.R. 5150: Mr. PALLONE. of Pennsylvania. BOUSTANY, Mr. MCCRERY, Mr. CLEAVER, Mr. H.R. 5159: Mr. MACK, Mr. BARTON of Texas, H.R. 2943: Mr. AKIN. JEFFERSON, Mr. LEWIS of Kentucky, Mrs. Mr. GERLACH, Mr. KINGSTON, Mr. BEAUPREZ, H.R. 2962: Mr. PLATTS. DAVIS of California, Mr. MCKEON, and Mr. Mr. SIMPSON, Mr. CONYERS, Mr. MORAN of H.R. 3096: Mr. MCHUGH and Mr. FATTAH. GOODLATTE. Virginia, Mr. RAMSTAD, Mr. ROHRABACHER, H.R. 3173: Mrs. MALONEY. H.R. 4726: Mr. RAHALL. Mr. GRAVES, Mr. DUNCAN, Mr. FOSSELLA, Mr. H.R. 3278: Mr. GEORGE MILLER of Cali- H.R. 4727: Mr. MARSHALL. CALVERT, Mr. SANDERS, Mr. WAXMAN, and fornia. H.R. 4737: Mr. FATTAH. Mr. BURTON of Indiana. H.R. 3326: Mr. CASE. H.R. 4755: Mr. GRIJALVA, Mr. ETHERIDGE, H.R. 5166: Mr. LINCOLN DIAZ-BALART of H.R. 3358: Mr. AKIN. Mrs. DAVIS of California, Ms. HARMAN, and Florida, Mr. MICA, and Mr. THORNBERRY. H.R. 3385: Mr. BURGESS. Mr. PEARCE. H.R. 5170: Mrs. JOHNSON of Connecticut, H.R. 3401: Mr. JENKINS and Mrs. MYRICK. H.R. 4761: Mr. CALVERT, Mr. GOODE, and Mr. ISSA, Mr. CULBERSON, Mr. DOOLITTLE, H.R. 3478: Ms. EDDIE BERNICE JOHNSON of Mr. MCHUGH. Mrs. CAPITO, Mr. HERGER, Mr. BARTLETT of Texas. H.R. 4774: Mr. SHERWOOD. Maryland, Mr. BARRETT of South Carolina, H.R. 3544: Mr. CONYERS. H.R. 4775: Mrs. EMERSON and Mr. Mr. WAMP, Mr. MARCHANT, Mr. WESTMORE- H.R. 3559: Mr. CARTER, Mr. BOUSTANY, Mr. MELANCON. LAND, Mr. FRANKS of Arizona, Ms. HART, and KING of New York, Mr. ALEXANDER, Mr. COLE H.R. 4794: Mr. DAVIS of Illinois. Mr. BARTON of Texas. of Oklahoma, and Mr. LUCAS. H.R. 4859: Mr. COLE of Oklahoma. H.R. 5182: Mr. WALSH, Mr. ADERHOLT, Mrs. H.R. 3579: Ms. KAPTUR and Mr. SMITH of H.R. 4894: Ms. GINNY BROWN-WAITE of Flor- EMERSON, Mr. MCINTYRE, Mr. BOOZMAN, Mr. New Jersey. ida. SKELTON, Mr. COBLE, and Mr. STARK. H.R. 3628: Mr. PETRI. H.R. 4922: Mr. YOUNG of Alaska. H.R. 5201: Mr. GINGREY, Mr. MURPHY, Mr. H.R. 3762: Mr. CASTLE. H.R. 4923: Mr. KENNEDY of Rhode Island and BRADLEY of New Hampshire, and Mr. BART- H.R. 3779: Mr. FATTAH. Mr. FRANK of Massachusetts. LETT of Maryland. H.R. 3791: Mr. STRICKLAND. H.R. 4946: Mr. GINGREY and Mr. BROWN of H.R. 5206: Mr. ABERCROMBIE, Mr. WALSH, H.R. 3917: Mr. FATTAH. South Carolina. Mr. TERRY, and Mr. OLVER. H.R. 3936: Ms. SLAUGHTER, Mr. CARDIN, Ms. H.R. 4954: Mr. COSTA. H.R. 5208: Mr. ENGLISH of Pennsylvania. MATSUI, Mr. WYNN, Mr. BAIRD, Mr. NADLER, H.R. 4956: Mr. FATTAH and Mr. DAVIS of Il- H.R. 5212: Mr. DOGGETT and Ms. SOLIS. Mr. SMITH of Washington, Mrs. NAPOLITANO, linois. H. J. Res. 73: Mr. THOMPSON of California. Mr. CHANDLER, Ms. ROYBAL-ALLARD, Mr. H.R. 4961: Mr. MURPHY and Mr. PLATTS. H. Con. Res. 55: Mr. MARCHANT. COSTA, Mrs. MALONEY, Mr. HOLT, Mr. H.R. 4962: Mr. KUHL of New York. H. Con. Res. 57: Mr. FATTAH. BUTTERFIELD, Mr. AL GREEN of Texas, Mr. H.R. 4967: Mr. DAVIS of Kentucky. H. Con. Res. 172: Mr. ISSA. DINGELL, Mr. FARR, Mr. HASTINGS of Florida, H.R. 4976: Mr. OTTER and Ms. HARMAN. H. Con. Res. 318: Mr. SIMMONS. Mr. DOGGETT, Mr. PRICE of North Carolina, H.R. 4980: Mr. PRICE of Georgia, Mr. PRICE H. Con. Res. 340: Mr. MARSHALL. Mr. RUPPERSBERGER, Ms. LEE, and Mr. MEEK of North Carolina, Mr. GOODE, and Mr. EMAN- H. Con. Res. 346: Ms. EDDIE BERNICE JOHN- of Florida. UEL. SON of Texas and Mr. KING of New York.

VerDate Aug 31 2005 04:36 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.023 H27APPT1 hmoore on PROD1PC68 with HMHOUSE H1918 CONGRESSIONAL RECORD — HOUSE April 27, 2006 H. Con. Res. 348: Mr. COBLE, Mr. DUNCAN, Petition 12, April 26, 2006, by Mr. EDWARD Congress, notified the Clerk of the Mrs. JONES of Ohio, Mr. LARSON of Con- J. MARKEY on the bill H.R. 4263 was signed House that on the following dates, he necticut, Ms. SOLIS, Mr. BACA, and Mr. LEWIS by the following Members: Edward J. Mar- had approved and signed bills of the key, Peter A DeFazio, James L. Oberstar, of Georgia. following titles: H. Con. Res. 363: Mr. DAVIS of Illinois. Eddie Bernice Johnson, Robert A. Brady, H. Con. Res. 367: Ms. GRANGER. James P. Moran, Grace F. Napolitano, and January 5, 2006: H. Con. Res. 368: Mr. BRADY of Pennsyl- Jerrold Nadler. H.R. 3402. An Act to authorize appropria- vania, Ms. SCHWARTZ of Pennsylvania, Mr. f tions for the Department of Justice for fiscal BROWN of South Carolina, Mr. FOLEY, and years 2006 through 2009, and for other pur- Mr. BISHOP of Georgia. DISCHARGE PETITIONS— poses. H. Con. Res. 380: Mr. MILLER of Florida. ADDITIONS OR DELETIONS January 6, 2006: H. Con. Res. 383: Mr. GERLACH. The following Members added their H.R. 1815. An Act to authorize appropria- H. Con. Res. 392: Mr. MCNULTY, Mr. GENE names to the following discharge peti- tions for fiscal year 2006 for military activi- GREEN of Texas, Mr. GARY G. MILLER of Cali- tions: ties of the Department of Defense, for mili- fornia, Mr. LEWIS of California, Ms. ZOE tary construction, and for defense activities Petition 6 by Mr. ABERCROMBIE on LOFGREN of California, Mr. ANDREWS, Mr. of the Department of Energy, to prescribe House Resolution 543: Timothy H. Bishop, LINDER, Mr. TERRY, Mr. MURPHY, Mr. POR- military personnel strengths for such fiscal John F. Tierney, Jim McDermott, Louise TER, and Mr. SHIMKUS. year. H. Res. 116: Mr. DICKS, Mr. CARDIN, and Ms. McIntosh Slaughter, Joe Baca, James L. Oberstar, Gary L. Ackerman, Jane Harman, January 10, 2006: ZOE LOFGREN of California. H.R. 972. An Act to authorize appropria- H. Res. 149: Mr. DAVIS of Illinois. Elito L. Engel, and David R. Obey. Petition 7 by Ms. HERSETH on House Res- tions for fiscal years 2006 and 2007 for the H. Res. 316: Ms. SOLIS, Mr. SENSENBRENNER, olution 568: Benjamin L. Cardin, Barney Trafficking Victims Protection Act of 2000, Mr. HOLDEN, and Mr. WAMP. Frank, Bill Pascrell, Jr., Doris O. Matsui, and for other purposes. H. Res. 635: Mr. JACKSON of Illinois and Mr. John T. Salazar, Allyson Y. Schwartz, John FATTAH. H.R. 2017. An Act to amend the Torture W. Olver, Stephen F. Lynch, Rahm Emanuel, H. Res. 638: Mr. ISSA. Victims Relief Act of 1998 to authorize ap- Gregory W. Meeks, Lloyd Doggett, Vic Sny- H. Res. 666: Mr. DAVIS of Kentucky. propriations to provide assistance for domes- der, Artur Davis, Jim Davis, Adam Smith, H. Res. 729: Mr. ISSA and Ms. HARRIS. tic and foreign programs and centers for the Jerry F. Costello, Melvin L. Watt, James L. H. Res. 730: Mr. HALL. treatment of victims of torture, and for Oberstar, Jim Costa, Chaka Fattah, David H. Res. 773: Mrs. SCHMIDT, Mr. BROWN of other purposes. Scott, Howard Coble, Ed Case, and Doris O. South Carolina, Mr. BISHOP of Georgia, Mrs. H.R. 3179. An Act to reauthorize and amend Matsui. the Junior Duck Stamp Conservation and DAVIS of California, Mrs. MALONEY, Mr. Petition 10 by Ms. HERSETH on House Design Program Act of 1994. OWENS, Mr. ROTHMAN, Ms. WASSERMAN Resolution 585: Adam Smith. SCHULTZ, Mr. WEINER, Mr. WYNN, Mr. WILSON H.R. 4501. An Act to amend the Passport of South Carolina, Mr. SHAYS, Mr. ACKER- f Act of June 4, 1920, to authorize the Sec- MAN, Mr. CROWLEY, Mr. HASTINGS of Florida, PROCEEDINGS OF THE HOUSE OF retary of State to establish and collect a sur- Mr. MCNULTY, Mr. MICHAUD, Mr. PALLONE, REPRESENTATIVES AFTER SINE charge to cover the costs of meeting the in- Mr. VAN HOLLEN, Mr. NORWOOD, Mr. HOLT, DIE ADJOURNMENT OF THE creased demand for passports as a result of and Mr. KUHL of New York. 109TH CONGRESS FIRST SESSION actions taken to comply with section 7209(b) H. Res. 780: Mr. CARDIN, Mr. BROWN of Ohio, of the Intelligence Reform and Terrorism and Mr. CROWLEY. Prevention Act of 2004. H. Res. 781: Mr. HAYWORTH. BILLS APPROVED BY THE PRESI- H.R. 4637. An Act to make certain tech- f DENT AFTER SINE DIE AD- nical corrections in amendments made by the Energy Policy Act of 2005. DISCHARGE PETITIONS JOURNMENT January 11, 2006: Under clause 2 of rule XV, the fol- The President, subsequent to sine die H.R. 4340. An Act to implement the United lowing discharge petition was filed: adjournment of the 1st Session, 109th States-Bahrain Free Trade Agreement.

VerDate Aug 31 2005 04:26 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A27AP7.031 H27APPT1 hmoore on PROD1PC68 with HMHOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, THURSDAY, APRIL 27, 2006 No. 48 Senate The Senate met at 9:30 a.m. and was period for the transaction of morning I wish to comment on another very called to order by the President pro business for up to 30 minutes, with the important issue. We have so many tempore (Mr. STEVENS). first half of the time under the control things going on today and over the of the majority leader or his designee, course of the week, with a focus on en- PRAYER and the second half of the time under ergy, with a lot of work being done not The PRESIDENT pro tempore. To- the control of the Democratic leader or on the floor but in committees and in day’s prayer will be offered by our his designee. working groups and task forces to ad- guest Chaplain, Reverend Francis H. f dress the skyrocketing prices of gaso- Wade, of St. Alban’s Parish in Wash- line. We have a pensions conference re- RECOGNITION OF THE MAJORITY ington, DC. port on the way, and a tax increase LEADER The guest Chaplain offered the fol- prevention act conference report is un- lowing prayer: The PRESIDENT pro tempore. The derway. Let us bow our heads before the Lord. majority leader is recognized. Our God and King, You have taught f f us that those to whom much is given JUDICIAL NOMINATIONS much is required. Open our minds to an SCHEDULE Mr. FRIST. Mr. President, there is awareness of the riches of this good Mr. FRIST. Mr. President, today we another issue we have made slow land—its material wealth, its moral will start with a 30-minute period of progress on recently that we need to heritage, its legacies of courage and morning business. Therefore, shortly accelerate and that is the judicial nom- generosity. Open our eyes to the treas- after 10 a.m., we will return to the con- ination process. Throughout my time ure that is the people of this land, their sideration of the supplemental appro- as leader, I have done my very best to hopes and fears, their homes and fami- priations bill. We now have approxi- stand on the principle of having fair lies, their histories and potential. Open mately 13 amendments pending. One of up-or-down votes for each of the judi- our hearts to the intangibles of justice those has been divided into 18 divi- cial nominees. I believe it is our re- and peace, dignity and joy, trust and sions; therefore, that amendment could sponsibility, our constitutional duty, forbearance. require up to 18 votes before we dispose grounded in the advice and consent Bless this Senate and all who bear of it. the responsibility of governance with Needless to say, we will have rollcall clause of section 2 of the Constitution, the lively sense of stewardship and ac- votes throughout the day as we work and it is reinforced by over 200 years of countability so that what You have our way through these amendments. At Senate history; it is a duty we have in made precious in this Nation will flour- this point, there appears to be an the Senate. I compliment the body on ish and be Your resource for the full- unending flow of amendments and we the two Justices who were confirmed— ness of life for all people of every land. will gauge our progress at the end of a Chief Justice, an associate Justice, Amen. business today. I want Members to and all the district court judges who f have the opportunity to offer amend- were confirmed. In the coming weeks, we need to continue building on this PLEDGE OF ALLEGIANCE ments, but at some point it may be necessary to file a cloture motion to progress, as with all the rest of the The PRESIDENT pro tempore led the ensure that we finish this emergency issues coming before us. We will con- Pledge of Allegiance, as follows: supplemental sometime next week. firm new nominees to fill vacancies on I pledge allegiance to the Flag of the In the meantime, I encourage Sen- the Federal bench. United States of America, and to the Repub- ators to work with the managers to As we all know, we need our courts to lic for which it stands, one nation under God, have judges who are well-qualified, indivisible, with liberty and justice for all. schedule their amendments, and per- haps there will be an opportunity for mainstream judges, who demonstrate f some of the votes to be accepted with- the highest integrity, and who will RESERVATION OF LEADER TIME out the need for floor debate or a vote. practice judicial restraint and will re- The PRESIDENT pro tempore. Under I will have a brief statement on an- spect the rule of law and the Constitu- the previous order, the leadership time other issue, unless the Democratic tion. is reserved. leader wants to comment on the sched- After consulting with Chairman ule. We are going to have a busy day. I SPECTER, Senator MCCONNELL, and f ask our colleagues to be cooperative. many of my colleagues, I am pleased to MORNING BUSINESS This is a supplemental emergency bill announce that in the coming weeks we The PRESIDENT pro tempore. Under and we need to proceed efficiently— will move forward on the nomination the previous order, there will now be a with patience but efficiently. of Brett Kavanaugh to the DC Circuit

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S3635

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VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3636 CONGRESSIONAL RECORD — SENATE April 27, 2006 Court of Appeals. I will make every ef- SUPPLEMENTAL APPROPRIATIONS of St. Alban’s Church for almost 40 fort to see that he gets a vote before We look forward to the supplemental years, from the late 1920s and 1930s all the Memorial Day recess. appropriations bill being finished. We through World War II. President Bush nominated Mr. have a lot of amendments. At this Our colleagues might recall that one Kavanaugh on July 25, 2003, 3 years stage, we have had very few quorum of our dearest Members of the Senate, ago. He has been waiting for that up- calls. I am somewhat disappointed that the former Senator from Missouri, Mr. or-down vote on the floor of the Senate we have this situation before us today. Danforth, was an ordained Episcopal since that time. That is almost 3 years I believe the committee did some very minister and he also preached occa- ago. That is a long enough time for us good work—the Appropriations Com- sionally at St. Alban’s Church. Dr. to bring that nomination forward to mittee—in bringing this matter to the Wade went to the Citadel, and from the floor and to act on that nomina- floor. I wish we had a vote. I think there he went to the Virginia Episcopal tion. He is a graduate of Yale College when it is all over, that is what it will Seminary, where my uncle also grad- and Yale Law School, and he is also a wind up being, anyway. I hope Senator uated. For 17 years, he tended to the former Supreme Court clerk. He has COBURN, for whom I have the greatest ministry of those in the great State of sterling credentials. Most of us have respect, when he sees the first few West Virginia. What a privilege for Dr. studied his record. votes, will get the idea how things are Wade and me this morning to have a Mr. Kavanaugh has a broad range of moving along and maybe we won’t have few moments with our highly esteemed experience as a prosecutor, as a lawyer to have all those votes. colleague, the senior Senator from in private practice, and as a trusted As I understand it, at this time, there West Virginia, Mr. BYRD. counsel and adviser to President Bush. are about 30 votes in order at this I thank my colleagues and I thank Throughout his entire career, Brett stage. We have to dispose of those. Senator LAUTENBERG and Mr. Maxwell Kavanaugh has demonstrated the fair- There are people over here on this side of his staff, who worked to make this minded temperament and intellectual waiting to offer amendments, none of memorable occasion for so many pos- prowess that is needed to serve as a which are dilatory in nature and all of sible today. Federal appellate judge. which are dealing with the situation in I yield the floor. There will be a lot more to say about Iraq, our military generally, with vet- The PRESIDENT pro tempore. The him in the coming weeks. We will talk erans. We have amendments that peo- Senator from Oklahoma is recognized. about that nomination. For now, I urge ple wish to offer dealing with the en- f my colleagues to refocus on the nomi- ergy situation we find in America. ENERGY POLICY nation process and make sure it will So I hope today we can figure out a work fairly. I want to be able to ap- way to get through this situation. I ap- Mr. INHOFE. Mr. President, it is my proach the process and dignify it in a preciate very much the majority leader understanding we have 15 minutes civil way, rejecting the obstruction and recognizing, as he has for the last few equally divided. I ask the Chair, after 6 personal attacks that have arisen on weeks, that we have an event over the minutes has elapsed, to advise me. the floor in times past. Let’s embrace weekend, a retreat in Philadelphia. We First, let me say there is nothing the principle of a fair up-or-down vote. understand that. new to the problem we have had in this It is right to do for the nominees—to The point I am making is that on country by not having an energy pol- treat them in a dignified way—and for this side we understand the importance icy. I can remember when Don Hodel the American people, who depend on of this bill. We wish it had not been was Secretary of Energy and later Sec- fairminded judges to resolve disputes part of an emergency appropriation in retary of the Interior. We had a dog- and interpret our laws. the original budget. We have to play and-pony show where we went around I yield the floor. the cards we are dealt. We will do ev- the country during the Reagan admin- istration and tried to talk about how f erything we can to move this forward in what we believe is a dignified man- serious this was—the fact that our de- RECOGNITION OF THE MINORITY ner. pendence upon foreign countries, or our LEADER The PRESIDENT pro tempore. The ability to fight a war, was not an en- The PRESIDENT pro tempore. The Senator from Virginia is recognized. ergy problem, it was a national secu- Democratic leader is recognized. Mr. WARNER. Mr. President, I ask if rity problem. f I might have the privilege of intro- We found the message didn’t sell. I ducing the visiting pastor who gave the was critical of the Reagan administra- JUDICIAL NOMINATIONS morning prayer before the Senator tion. Later on, when the first Bush ad- Mr. REID. The distinguished major- from Oklahoma speaks. ministration came along, I thought, ity leader is right, we confirmed two Mr. INHOFE. Mr. President, I have surely, out of the oil patch he would Supreme Court Justices. I think they no objection if the majority is going to want to have an energy policy, but he were dignified debates. I think the have the first half of the 15 minutes didn’t either. And during the Clinton committee did a good job in preparing immediately following the Senator’s administration, he did not. When the the Senate for those two Supreme introduction. second George Bush came into office, Court nominations. We have also ap- f the first thing he did was say we are proved 29 lower court nominations. All going to have an energy policy. Keep in nominees have been considered by the REVEREND FRANCIS H. WADE mind that our dependency at that full Senate in this Congress and have Mr. WARNER. Mr. President, it is a time, when I was active around the been confirmed. The minority recog- wonderful privilege for me to introduce country with Don Hodel, was 36 to 37 nizes what rights we have. We will con- to our colleagues Rev. Frank Wade, percent. Now we are up to twice that. tinue to recognize what those rights who most recently is the rector at St. It is much worse now than it was be- are, and certainly we have not abused Alban’s Church. I want to say upfront fore. any of those rights. We don’t intend to. that this great pastor married me and We are in the middle of our second We will perform our constitutional my wife Jeanne some 2 years ago. It gulf war and people should realize what role. was a real experience. It was so mag- a threat this is. I chair the Environ- I say to the majority leader he is nificent in that we counseled with ment and Public Works Committee, right, Mr. Kavanaugh had a hearing, him—even though both of us are well which has most of the jurisdiction over but that was more than 2 years ago. I into adulthood—and received his guid- many energy issues, and certainly the think one of the things that should be ance for some weeks prior to that beau- air issues. I remember making every considered is whether the Judiciary tiful ceremony, which was held in the effort to get drilling on ANWR. The Committee should update that. There Washington Cathedral. That is a site— distinguished President pro tempore have been a lot of things going on deal- St. Alban’s and the Washington Cathe- has spent his life trying to get produc- ing with the situation in Iraq in which dral—where I have spent so much of tion in the northern part of his State. he was involved. That is a subject for my life. Preceding Dr. Wade was my It is something that would resolve the discussion at a later time. uncle, Charles Tinsley Warner, rector problem.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3637 Yesterday, on this floor, one of the What I am saying is—and I know I As the Senator from Oklahoma men- Senators on the Democratic side said it am down to 1 minute, Mr. President— tioned, we had a vote in the Environ- would take 10 years before we would it doesn’t seem to matter to the Demo- ment and Public Works Committee on see any of that production. I don’t be- crats whether we are trying to do legislation that would allow us to ex- lieve that is true. But if it were true, I something with fossil fuels, trying to pand our refinery capacity. It was remind my colleagues that on Novem- do something with oil and gas, trying blocked by a party-line vote. One Re- ber 20, 1995, we passed in both Cham- to do something with clean coal tech- publican voted with the Democrats, bers drilling in ANWR, and President nology, or trying to do something with but the Democrats voted as a party en Clinton vetoed the bill. We would have nuclear energy. It always is killed bloc against expanding refinery capac- it today. We would not be having this right down party lines. Now the crisis ity. problem. is here, and we are going to have to That is something, too, that we need I suggest also that there is one other face it. to get done. I believe there would be a facet that has not been talked about I yield the floor. majority of Senators in the Senate who enough, and that is, we could have all The PRESIDENT pro tempore. The would be in favor of that, just as there the production, all the exploration in Senator from South Dakota is recog- is a majority of Senators who are in the world, but if we don’t have the re- nized. favor of exploring on the North Slope fining capacity, it doesn’t do any good. Mr. THUNE. Mr. President, as Ameri- of Alaska and in favor of offshore pro- We were at 100 percent refining ca- cans go to the gas pump to fill up their duction. But the rules of the Senate pacity even before Katrina. This is a gas tanks with gasoline, they are met have been used repeatedly—repeatedly, serious problem. In our committee, we with a very harsh economic reality. We Mr. President—to block the clear will marked up a refinery bill, a very so- have higher gas prices in this country. of the majority when it comes to add- phisticated bill, very moderate. It We don’t have enough supply in this ing to supply so we can lessen the cri- would allow those cities where they country. Of course, we have lots of de- sis that we face in this country, put- had closed military bases to use those mand, and demand continues to grow ting more supply out there to bring closed military bases along with EDA not only in the United States but that cost of gasoline, that cost of pe- grants to establish refineries. It is around the world. troleum down. We have run into con- something that would enhance our re- As the Senator from Oklahoma said, stant obstruction in the Senate from finery capacity and give us new refin- we have been trying to take steps now our colleagues on the Democratic side eries, and it was killed right down for a decade to address this issue of of the aisle. party lines. Every Democrat voted shortage of supply. As consumers look So as consumers look at what they against it. at the prices they are facing today and are facing today, it is important they I will read what one of the papers, the fact that we, for the past decade, begin to apply pressure to their leaders the Topeka Capital Journal, said: have really, for all intents and pur- in the Senate and the House to take poses, done nothing to lessen our de- Politics played a crucial role in Democrat steps that should have been taken a opposition. If gas prices are high next year— pendence on foreign sources of energy long time ago and for which there is a or to add to energy resources we have This is next year now— clear majority of support in the Senate in this country, that reality is starting for exploration in Alaska, for building the GOP will be blamed. . . . to take root. I think people are real- additional refinery capacity, for off- Even though it is the Democrats who izing that now for the very first time, shore production—for all these things are responsible for it. So we have those and they are taking the steps they can that would add to the supply. problems that are looming at the same to curb demand. They are carpooling, Having said that, I also believe it is time. buying more fuel-efficient vehicles, not too late to do the right thing, and I will say this: Democrats did offer probably walking more than they used I have introduced bipartisan legisla- an alternative when they killed the re- to. I think consumers are doing what tion with Senator OBAMA from Illinois finery bill. All eight Democrats on the they can on their side of the equation that would help increase the use of re- Environment and Public Works Com- to try to address the demand issue. newable fuels to help meet the energy mittee, the committee I chair, voted in We have a profound supply issue that crisis, that would allow fuel retailers favor of an alternative that would put has been complicated by a decade of to defray the cost of installing E–85 the Environmental Protection Agency obstruction in the U.S. Congress when pumps and other alternative fuel tanks in charge of siting, constructing, and it comes to increasing that supply. We at gas stations. Currently, only about operating oil facilities. In other words, have tried for the past decade—I was a 600 gas stations in the country have E– socializing that particular sector of our Member of the House of Representa- 85 pumps. This would give many more economy, which is something they ap- tives for three terms and now as a Americans access to this alternative parently believe Government can oper- Member of the Senate. We have had the fuel and reduce our dependency on for- ate better than people. opportunity to vote on numerous occa- eign energy. It is not true. When we had the sions to explore and produce oil on the There is more we can do. The Presi- LIHEAP program, I had an amendment North Slope of Alaska. There is some- dent needs to push our oil-supplying that would have improved the permit- where between 6 and 16 billion barrels countries to increase production to ting process for ethanol plants, as well of oil on the North Slope of Alaska. help ease this supply crisis. as oil refineries and coal liquid facili- There would be 1 million barrels a day Later today, I will introduce legisla- ties. Again, killed right down party in the pipeline if, when in 1995 the Con- tion that will provide immediate and lines. gress acted, the President had acted short-term relief to American con- I guess what I am saying is, we go and signed legislation into law that sumers. I will introduce legislation through this and we see what is hap- would have allowed us to take advan- called the Gas Price Reduction Act of pening, and it is always down party tage of that rich resource right here in 2006 that will provide that relief. It will lines when we try to enhance our abil- America. suspend the gas tax in its entirety for ity to have natural gas. Ask farmers We have tried on countless occasions the remainder of this summer, until anywhere in America what is causing to add to supply. We have offshore pro- September 30, the period when Ameri- the cost of fertilizer to go up. It is a duction. Why is it that Cuba can cans need the relief the most over the shortage of natural gas. produce oil off the coast of Florida but course of the summer months, when At the same time, we had an oppor- we can’t? We have to do something to they are doing most of their traveling. tunity to do something in Massachu- help ourselves, and for the past decade It calls for the elimination of the setts. Two Congressmen from Massa- we have been blocked at every turn by current 18.4-cents-per-gallon Federal chusetts, FRANK and MCGOVERN, put a our colleagues on the other side of the gas tax on gasoline, relief that Ameri- provision in the Transportation bill aisle, by the Democrats in the Senate cans will feel when they fill their gas that blocks the construction of an al- and in the House, from being able to tanks. The lost revenues will be reim- ready-approved liquefied natural gas get into the resources in the State of bursed by temporary suspension of a facility. Alaska and other places. number of tax credits and royalty

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3638 CONGRESSIONAL RECORD — SENATE April 27, 2006 waivers received by oil corporations. TRIBUTE TO LTG WILLIAM J. General Lennox has implemented and The increased revenue to the Federal LENNOX intensified opportunities for cultural Government from this suspension of Mr. REED. Mr. President, I rise exposure and expanded semesters tax breaks and incentives will be used today to recognize the accomplish- abroad to countries such as China, Rus- to reimburse the Federal Treasury and ments of LTG William J. Lennox, sia, Spain, and Chile. the highway trust fund dollar for dollar United States Army, Superintendent of In the summer of 2005, he himself for lost revenue from the suspension of the United States Military Academy at traveled to the People’s Republic of the gasoline tax. The temporary sus- West Point. General Lennox is retiring China to strengthen ties with edu- pension of the tax credits and waivers on the June 30, after 35 years of active cators and government officials and will remain in place until the resulting military service. I have known General improve the opportunities for ex- revenue stream has fully reimbursed Lennox for many years. His military changes. His has increased the number the Treasury. career exemplifies a soldier who always of foreign students by 74 percent, an As we see skyrocketing gas prices sought and achieved excellence. initiative that promises to build lan- around the country, it is time for this After graduating from West Point in guage and cultural skills, as well as Congress to act. It is time for the 1971, General Lennox served in a wide lasting relationships with our allies American consumer to realize some re- variety of assignments in the field ar- across the globe. lief. When crude oil is selling for $73 a tillery. He served as a Forward Ob- General Lennox also realized the im- barrel, it seems to me that many of server, Executive Officer, and Fire Sup- portance of the physical infrastructure these incentives and tax credits that port Officer in the 1st Battalion, 29th of the Academy to the ultimate success are in place for research, development, Field Artillery, and as Commander, of the cadets. His capital improve- exploration, and even drilling costs for Battery B, 2d Battalion, 20th Field Ar- ments have changed the face of the his- the oil companies could be used to off- tillery, in the 4th Infantry Division at toric post for the better. He planned set a reduction in the gasoline tax that Fort Carson, CO. He was the Operations and began building a $120 million li- will bring immediate relief to hard- Officer and Executive Officer for the 2d brary learning center and science com- working consumers who are facing Battalion, 41st Field Artillery, in the plex that is architecturally compatible higher and higher costs for the fuel 3d Infantry Division in Germany. He with the granite buildings from pre- they need to get to work, to do their returned to Fort Carson to command vious centuries, and he completed con- jobs. the 5th Battalion, 29th Field Artillery, struction of the $95 million physical de- I look forward to engaging in the de- in the 4th Infantry Division and also velopment center. bate about what we can do here and commanded the Division Artillery in To provide the margin of excellence now, but I have to say that in the long the 24th Infantry Division at Fort necessary to maintain the U.S. Mili- term, steps should have been taken a Stewart, GA. tary Academy’s status as a tier I uni- decade ago to add to supplies in this General Lennox also served in a num- versity, LTG Lennox completed a $150 country. It is never too late to do the ber of staff positions including a White million fund raising campaign with right thing. We need to be moving for- House Fellowship, as the Special As- over $220 million. The funds from pri- ward to make sure America is energy sistant to the Secretary of the Army, vate sources enabled further improve- and as the Executive Officer for the independent, that America’s future is ments in the academic, athletic and Deputy Chief of Staff for Operations energy secure. So we have to rely less military programs. and less on foreign countries around and Plans. General Lennox also recognized that Additionally, General Lennox served the world from which we derive today the United States Military Academy as the Deputy Commanding General about 60 percent of our energy supply. was part of a larger community. From and Assistant Commandant of the U.S. That is an untenable situation to be in. the outset of his tenure, he sought the It is something that should have been Army Field Artillery Center; the Chief of Staff for III Corps and Fort Hood; comments and insights of graduates, addressed. We tried to address it for the Academy, and the members of the years. There is majority support for the Assistant Chief of Staff, CJ–3, at Combined Forces Command/United surrounding neighborhood, whenever many of these proposals that would in- appropriate, to give them a closer iden- crease supply in this country today, States Forces Korea; the Deputy Com- manding General, Eighth United States tification with and support for the in- but we continue to run into obstruc- stitution and ultimately its decisions. tion in the Senate. I hope that will end Army and Chief of Legislative Liaison. General Lennox is not only a soldier, LTG Lennox leaves a notably im- so we can address this incredibly im- however, he is also a scholar. After proved Academy in terms of leadership, portant crisis and issue to the Amer- West Point, he continued his education facilities, and finances. The military, ican people. at Princeton University, receiving a academic, physical and moral/ethical I yield back the remainder of my development programs at the Academy time. master’s degree and a doctorate in lit- erature. He was first in his class at have never been stronger and more The PRESIDENT pro tempore. There connected to the Army. General Len- is 2 minutes remaining for the major- Fort Leavenworth’s Command and General Officer’s School. He also com- nox has set the course for officer edu- ity. cation into the first half of the new The Senator from Alabama. pleted the Senior Service College Fel- lowship at Harvard University. century. f In June 2001, General Lennox became Bill Lennox is an extraordinary sol- CHANGE OF VOTE the Superintendent of the U.S. Mili- dier. He combines great intellect, great Mr. SHELBY. Mr. President, on roll- tary Academy, and took the helm of character and great dedication. He is call vote 99 yesterday, I voted nay. It one of the Nation’s premier institu- also an extraordinary man. Together was my intention to vote yea. There- tions of higher learning. Managing with his wife, Anne, he has raised three fore, I ask unanimous consent that I be 7,000 people and $250 million budget per sons, Andrew, Matthew, and Jonathan, permitted to change my vote since it year on the 16,000-acre campus, he pro- who have continued the Lennox tradi- will not affect the outcome. vided strategic direction for the aca- tion of service. He and Anne have been The PRESIDENT pro tempore. With- demic, military, athletic and values a remarkable example of husband and out objection, it is so ordered. programs. wife in service to the Army and in serv- The Senator from Rhode Island. During his tenure, his key accom- ice to the Nation. And anyone who has Mr. REED. Mr. President, I would plishments not only preserved but even enjoyed the warm embrace of their like to proceed in morning business on enhanced the prestige of the Military friendship, treasures their company the Democratic time. Academy. General Lennox oversaw up- and their kindness. The PRESIDENT pro tempore. With- grades to the core liberal arts program The motto of West Point is ‘‘Duty, out objection, it is so ordered. There is while sustaining the fourth-ranked un- Honor, Country.’’ Throughout its his- 11⁄2 minutes remaining for the major- dergraduate engineering program in tory, West Point has been guided by ity. the country. Today, only Harvard, leaders who exemplify and live out that The Senator is recognized on his Princeton, and Yale produce more great credo. LTG William Lennox is time. Rhodes scholars than West Point. such a leader. He leaves a proud and

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3639 enduring legacy as the 56th Super- McCain/Ensign amendment No. 3617, to The PRESIDING OFFICER. The intendant of the United States Mili- strike a provision providing $6 million to clerk will report. tary Academy. sugarcane growers in Hawaii, which was not The assistant legislative clerk read Mr. President, I yield the floor. included in the Administration’s emergency as follows: supplemental request. The Senator from Pennsylvania [Mr. f McCain/Ensign amendment No. 3618, to strike $15 million for a seafood promotion SANTORUM] proposes an amendment num- AMENDMENT NO. 3665 strategy that was not included in the Admin- bered 3640, as modified. Mr. WYDEN. Mr. President, I rise to istration’s emergency supplemental request. The amendment is as follows: propound a unanimous consent request. McCain/Ensign amendment No. 3619, to On page 253, between lines 19 and 20, insert Late last night, right before the Senate strike the limitation on the use of funds for the following: the issuance or implementation of certain adjourned, I offered an amendment to DEMOCRACY PROGRAMS AND ACTIVITIES IN IRAN rulemaking decisions related to the interpre- SEC. 7032. (a) Congress makes the following roll back the oil royalty payments that tation of ‘‘actual control’’ of airlines. the companies get unless prices come findings: Warner amendment No. 3620, to repeal the (1) The people of the United States have down or there is a supply disruption. requirement for 12 operational aircraft car- long demonstrated an interest in the well- We didn’t have an opportunity to de- riers within the Navy. being of the people of Iran, dating back to Warner amendment No. 3621, to equalize bate it at any length. This morning I the 1830s. authorities to provide allowances, benefits, ask unanimous consent that Senator (2) Famous Americans such as Howard Bas- and gratuities to civilian personnel of the kerville, Dr. Samuel Martin, Jane E. Doo- KYL and Senator LIEBERMAN be added United States Government in Iraq and Af- little, and Louis G. Dreyfus, Jr., made sig- at this time as cosponsors of my ghanistan. nificant contributions to Iranian society by amendment. Coburn amendment No. 3641 (Divisions II furthering the educational opportunities of The PRESIDENT pro tempore. With- through XIX), of a perfecting nature. the people of Iran and improving the oppor- Vitter amendment No. 3627, to designate out objection, it is so ordered. tunities of the less fortunate citizens of Iran. the areas affected by Hurricane Katrina or Mr. BYRD. Mr. President, what is the (3) Iran and the United States were allies Hurricane Rita as HUBZones and to waive order of the Senate business? following World War II, and through the late the Small Business Competitive Demonstra- 1970s Iran was as an important regional ally The PRESIDENT pro tempore. The tion Program Act of 1988 for the areas af- of the United States and a key bulwark Democrats have 8 minutes 48 seconds; fected by Hurricane Katrina or Hurricane against Soviet influence. the majority has 1 minute 26 seconds. Rita. (4) In November 1979, following the arrival f Vitter/Landrieu amendment No. 3626, to in- crease the limits on community disaster of Mohammed Reza Shah Pahlavi in the ORDER OF PROCEDURE loans. United States, a mob of students and ex- Vitter amendment No. 3628, to base the al- tremists seized the United States Embassy Mr. BYRD. Madam President, I ask location of hurricane disaster relief and re- in Tehran, Iran, holding United States diplo- unanimous consent notwithstanding covery funds to States on need and physical matic personnel hostage until January 1981. the previous order that has been en- damages. (5) Following the seizure of the United tered into for this morning, that I be Vitter modified amendment No. 3648, to ex- States Embassy, Ayatollah Ruhollah Kho- recognized for not to exceed 40 minutes pand the scope of use of amounts appro- meini, leader of the repressive revolutionary priated for hurricane disaster relief and re- movement in Iran, expressed support for the at this time. actions of the students in taking American The PRESIDING OFFICER (Ms. MUR- covery to the National Oceanic and Atmos- pheric Administration for Operations, Re- citizens hostage. KOWSKI). Without objection, it is so or- search, and Facilities. (6) Despite the presidential election of May dered. Wyden amendment No. 3665, to prohibit the 1997, an election in which an estimated 91 (The remarks of Mr. BYRD pertaining use of funds to provide royalty relief. percent of the electorate participated, con- to the introduction of S.J. Res. 35 are trol of the internal and external affairs of The PRESIDING OFFICER. The Sen- the Islamic Republic of Iran is still exercised printed in today’s RECORD under ator from Oregon. ‘‘Statements on Introduced Bills and by the courts in Iran and the Revolutionary Mr. WYDEN. Parliamentary inquiry: Guards, Supreme Leader, and Council of Joint Resolutions.’’) What is the pending business? Guardians of the Government of Iran. f The PRESIDING OFFICER. The (7) The election results of the May 1997 pending amendment is the Wyden election and the high level of voter partici- CONCLUSION OF MORNING amendment numbered 3665. pation in that election demonstrate that the BUSINESS Mr. WYDEN. Madam President, I ask people of Iran favor economic and political The PRESIDING OFFICER. Morning unanimous consent to speak on my reforms and greater interaction with the business is now closed. United States and the Western world in gen- amendment, which is the pending busi- eral. f ness, after the Senator from Pennsyl- (8) Efforts by the United States to improve vania offers his amendment, which I relations with Iran have been rebuffed by the MAKING EMERGENCY SUPPLE- am told is going to take around 5 min- Government of Iran. MENTAL APPROPRIATIONS FOR utes or thereabouts. I propound a unan- (9) The Clinton Administration eased sanc- THE FISCAL YEAR ENDING SEP- imous consent request we go back to tions against Iran and promoted people-to- TEMBER 30, 2006 my pending amendment and I be recog- people exchanges, but the Leader of the Is- The PRESIDING OFFICER. Under nized next to speak on it after the Sen- lamic Revolution Ayatollah Ali Khamenei, the Militant Clerics’ Society, the Islamic Co- the previous order, the Senate will re- ator from Pennsylvania has had a alition Organization, and Supporters of the sume consideration of H.R. 4939 which chance to offer his amendment and Party of God have all opposed efforts to open the clerk will report. speak for about 5 minutes. Iranian society to Western influences and The assistant legislative clerk read The PRESIDING OFFICER. Without have opposed efforts to change the dynamic as follows: objection, it is so ordered. of relations between the United States and A bill (H.R. 4939) making emergency sup- The Senator from Pennsylvania. Iran. plemental appropriations for the fiscal year AMENDMENT NO. 3640, AS MODIFIED (10) For the past two decades, the Depart- ending September 30, 2006, and for other pur- (Purpose: To increase by $12,500,000 ment of State has found Iran to be the lead- poses. ing sponsor of international terrorism in the the amount appropriated for the Broad- world. Pending: casting Board of Governors, to increase (11) In 1983, the Iran-sponsored Hezbollah Harkin/Grassley amendment No. 3600, to by $12,500,000 the amount appropriated terrorist organization conducted suicide ter- limit the compensation of employees funded for the Department of State for the De- rorist operations against United States mili- through the Employment and Training Ad- mocracy Fund, to provide that such tary and civilian personnel in Beirut, Leb- ministration. funds shall be made available for de- anon, resulting in the deaths of hundreds of McCain/Ensign amendment No. 3616, to mocracy programs and activities in Americans. strike a provision that provides $74.5 million Iran, and to provide an offset.) (12) The United States intelligence commu- to States based on their production of cer- nity and law enforcement personnel have tain types of crops, live-stock and or dairy Mr. SANTORUM. I thank the Senator linked Iran to attacks against American products, which was not included in the Ad- from Oregon for his indulgence. I call military personnel at Khobar Towers in ministration’s emergency supplemental re- up amendment numbered 3640 and I Saudi Arabia in 1996 and to al Qaeda attacks quest. send a modification to the desk. against civilians in Saudi Arabia in 2004.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3640 CONGRESSIONAL RECORD — SENATE April 27, 2006 (13) According to the Department of (F) supports freedom of the press, freedom (B) Of the amount appropriated by chapter State’s Patterns of Global Terrorism 2001 re- of speech, freedom of association, and free- 4 of title I for other bilateral assistance for port, ‘‘Iran’s Islamic Revolutionary Guard dom of religion. the Department of State under the heading Corps and Ministry of Intelligence and Secu- (3) The President may provide assistance ‘‘DEMOCRACY FUND’’, as increased by para- rity continued to be involved in the planning under this subsection using amounts made graph (1)(B), $12,500,000 shall be made avail- and support of terrorist acts and supported a available pursuant to the authorization of able for democracy programs and activities variety of groups that use terrorism to pur- appropriations under paragraph (7). in Iran. sue their goals,’’ and ‘‘Iran continued to pro- (4) Not later than 15 days before each obli- (3) Of the amount appropriated by chapter vide Lebanese Hizballah and the Palestinian gation of assistance under this subsection, 2 of title 1 under the heading Department of rejectionist groups—notably HAMAS, the and in accordance with the procedures under State and Related Agency, excluding funds Palestinian Islamic Jihad, and the [Popular section 634A of the Foreign Assistance Act of appropriated for Educational and Cultural Front for the Liberation of Palestine-Gen- 1961 (22 U.S.C. 2394–l), the President shall no- Exchange Programs and Public Diplomacy eral Command]—with varying amounts of tify the Committee on Foreign Relations and Programs, $42,750,000 shall be available for funding, safehaven, training and weapons’’. the Committee on Appropriations of the Sen- the Broadcasting Board of Governors for De- (14) Iran currently operates more than 10 ate and the Committee on International Re- mocracy Programs and Activities in Iran. radio and television stations broadcasting in lations and the Committee on Appropria- (4) Of the amount appropriated by chapter Iraq that incite violent actions against tions of the House of Representatives. 4, title 1, $47,250,000 shall be made available United States and coalition personnel in (5) It is the sense of Congress that in order for the Democracy Fund for democracy pro- Iraq. to ensure maximum coordination among grams and activities in Iran. (15) The current leaders of Iran, Ayatollah Federal agencies, if the President provides Mr. SANTORUM. Madam President, Ali Khamenei and Hashemi Rafsanjani, have the assistance under this section, the Presi- this is an amendment to add $25 mil- repeatedly called upon Muslims to kill dent should appoint an individual who lion to the money that the President Americans in Iraq and install a theocratic shall— requested for prodemocracy efforts for regime in Iraq. (A) serve as special assistant to the Presi- Iran within the Iraq-Afghanistan sup- dent on matters relating to Iran; and (16) The Government of Iran has admitted plemental. It is vitally important to pursuing a clandestine nuclear program, (B) coordinate among the appropriate di- which the United States intelligence com- rectors of the National Security Council on understand how important this effort munity believes may include a nuclear weap- issues regarding such matters. is in the face of what we are dealing ons program. (6) It is the sense of Congress that— with in Iran today. (17) The Government of Iran has failed to (A) support for a transition to democracy We have heard lots of talk in the meet repeated pledges to arrest and extra- in Iran should be expressed by United States press about military options, given the dite foreign terrorists in Iran. representatives and officials in all appro- potential nuclear threat from Iran. (18) The United States Government be- priate international fora; This is not a military option; this is a lieves that the Government of Iran supports (B) representatives of the Government of diplomatic option. It is a vitally im- terrorists and extremist religious leaders in Iran should be denied access to all United States Government buildings; portant option. It is an option that Iraq with the clear intention of subverting says we in the United States are going coalition efforts to bring peace and democ- (C) efforts to bring a halt to the nuclear racy to Iraq. weapons program of Iran, including steps to to step forward and provide funding, a (19) The Ministry of Defense of Iran con- end the supply of nuclear components or fuel robust level of funding, for efforts firmed in July 2003 that it had successfully to Iran, should be intensified, with par- through telecommunications as well as conducted the final test of the Shahab-3 mis- ticular attention focused on the cooperation by seeding prodemocracy movements sile, giving Iran an operational inter- regarding such program— within Iran to effect change within the mediate-range ballistic missile capable of (i) between the Government of Iran and the country of Iran so they do not move striking both Israel and United States troops Government of the Russian Federation; and forward with this technology, do not (ii) between the Government of Iran and throughout the Middle East and Afghani- move forward and continue to support stan. individuals from China, Malaysia, and Paki- (b) Congress declares that it should be the stan, including the network of Dr. Abdul terrorism, do not move forward and policy of the United States— Qadeer (A. Q.) Khan; and continue to be a disruptive force in (1) to support efforts by the people of Iran (D) officials and representatives of the Iraq, do not move forward and continue to exercise self-determination over the form United States should— to be a disruptive force in the world, by of government of their country; and (i) strongly and unequivocally support in- having a more prodemocratic regime in (2) to actively support a national ref- digenous efforts in Iran calling for free, this country. erendum in Iran with oversight by inter- transparent, and democratic elections; and What this amendment does is add national observers and monitors to certify (ii) draw international attention to viola- $12.5 million for the Broadcasting the integrity and fairness of the referendum. tions by the Government of Iran of human Board of Governors—again, for public (c)(1) The President is authorized, notwith- rights, freedom of religion, freedom of as- standing any other provision of law, to pro- sembly, and freedom of the press. diplomacy in Iran—as well as $12.5 mil- vide financial and political assistance (in- (7) There is authorized to be appropriated lion for the Iran Democracy Fund. It is cluding the award of grants) to foreign and to the Department of State $100,000,000 to a total of $25 million in addition to the domestic individuals, organizations, and en- carry out activities under this subsection. 75 in the bill. We also authorize using tities that support democracy and the pro- (d) Not later than 15 days before desig- the language from the Iran freedom motion of democracy in Iran. Such assist- nating a democratic opposition organization and support bill. This is a bill that has ance includes funding for— as eligible to receive assistance under sub- strong bipartisan support, close to 60 (A) the Broadcasting Board of Governors section (b), the President shall notify the for efforts to cultivate and support inde- Committee on Foreign Relations and the cosponsors, I think 56 or 57 as of this pendent broadcasters that broadcast into Committee on Appropriations of the Senate date. It is very strongly bipartisan. It Iran; and the Committee on International Rela- is supported by a lot of the groups with (B) cultural and student exchanges; tions and the Committee on Appropriations interests in the Middle East. (C) the promotion of human rights and of the House of Representatives of the pro- We put authorizing language in here civil society activities in Iran; and posed designation. The notification may be to make sure this money is spent in (D) assistance to student organizations, in classified form. conformity with how the Congress labor unions, and trade associations in Iran. (e)(1)(A) The amount appropriated by chap- would wish it to be spent. This is Con- (2) It is the sense of Congress that financial ter 2 of title I for the Broadcasting Board of gress putting its imprimatur on this and political assistance under this section be Governors under the heading ‘‘INTER- supplemental appropriation language provided to an individual, organization, or NATIONAL BROADCASTING OPERATIONS’’ is here- entity that— by increased by $12,500,000. the President has put forward. (A) opposes the use of terrorism; (B) The amount appropriated by chapter 4 Having spoken to Secretary Rice and (B) advocates the adherence by Iran to of title I for other bilateral assistance for the President about this language, one nonproliferation regimes for nuclear, chem- the Department of State under the heading of the reasons they put forward this ical, and biological weapons and materiel; ‘‘DEMOCRACY FUND’’ is hereby increased by money in the supplemental is because (C) is dedicated to democratic values and $12,500,000. of the strong support Congress has supports the adoption of a democratic form (2)(A) Of the amount appropriated by chap- shown both in the House and the Sen- of government in Iran; ter 2 of title I for the Broadcasting Board of ate for the Iran Freedom and Support (D) is dedicated to respect for human Governors under the heading ‘‘INTER- rights, including the fundamental equality of NATIONAL BROADCASTING OPERATIONS’’, as in- Act. We are using this opportunity to women; creased by paragraph (1)(A), $12,500,000 shall provide more direction for the use of (E) works to establish equality of oppor- be made available for democracy programs this fund from the Congress, which I tunity for people; and and activities in Iran. think is vitally important.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3641 In my opinion, today there is no What we have before the Senate is riety of additional approaches, windfall more important foreign policy area truly a bizarre situation. The Senate is profits taxes and the like—and it is than in dealing with the emerging and working on a supplemental spending quite another to be spending billions present threat of Iran. To be very hon- program that is designated as emer- and billions of dollars out the door est, the Congress has done nothing to gency spending because our Govern- when those subsidy payments defy address this issue. We have not stepped ment does not have the money to pay common sense, defy essentially what forward and articulated what our pol- for it. Yet the Senate is still willing to the President of the United States said, icy is within Iran. We do this with this distribute, needlessly, billions of dol- that we ought to get out of the subsidy amendment. We say as a sense of the lars of taxpayer money. business when oil is over $50 a barrel. Senate that we express support for a This program, by the General Ac- That is what I am proposing in this transition to democracy within Iran. counting Office, is designed to lose at a particular amendment. That is language included in this minimum $20 billion. There is litiga- What it comes down to is the U.S. amendment. We make clear statements tion underway with the oil companies Government ought to stop adding about what we intend and what our di- surrounding this program. If that liti- sweetener to the Royalty Relief Pro- rection is, what this money is to be gation is successful, it is possible this gram. At every opportunity over the used for. We provide a broader outline program will cost our Government $80 last few years—and I see the distin- than what is in the current legislation. billion; $80 billion then becomes twice guished Senator in the chair has zeroed I hope this language would be sup- the amount that the distinguished Sen- in on wasteful programs, to his credit, ported. We fence this money within the ator from Mississippi has in the legisla- for a long time—at every opportunity money for the State Department in tion that is considered emergency we have seen this program sweetened this legislation so we are not stealing spending. and sweetened and sweetened, all at money from anywhere else. We are just Experts in and out of Government the taxpayers’ expense. To give the making sure that the $100 million is have said recently this subsidy makes Senate an idea of how out of control spent in this area and we provide more absolutely no sense. For example, from this particular program is, as I under- guidance for the administration to do the other body of the Congress, Con- stand it, the previous Secretary of the so. gressman RICHARD POMBO, the chair- Interior, Secretary Norton, actually I am hopeful this language can be ac- man of the natural resources com- went out and sweetened up the old con- cepted by both sides. As I said before, mittee, is not a person that anyone tracts to provide even more royalty re- this is a bill that has strong bipartisan would call anti-oil in his views about lief at a time when prices, again, were support and this language also has very Government. This is what Congress- way above the threshold that the strong bipartisan support. man POMBO, the chairman of the nat- I thank again the Senator from Or- President of the United States has in- ural resources committee, had to say a dicated we should not be offering sub- egon for his indulgence. little bit ago about royalty relief: I yield the floor. sidies to. There is no need for an incentive. They This is an important debate in this The PRESIDING OFFICER (Mr. have a market incentive to produce at COBURN). The Senator from Oregon. whole question of tax breaks and wind- $70 a barrel. fall profits tax and the like. It is clear- AMENDMENT NO. 3665 Michael Coney, a lawyer for Shell ly going to spark a lot of debate and Mr. WYDEN. Mr. President, the pend- Oil—again, not a place one would nor- differences of opinion among col- ing amendment which I offered last mally look to hear anti-oil rhetoric es- night and discussed briefly with the leagues. poused, said that under the current en- This, in my view, is not even a close distinguished chairman of the com- vironment, we don’t need royalty re- call. When Congressman POMBO from mittee, Senator COCHRAN, is before the lief. the other body, the chair of the natural Senate at this time. It deals with the Even the original author of this pro- most expensive and the most needless gram, the very respected former col- resources committee, says we did not giveaway that taxpayers ladle out to league Senator Bennett Johnston of need this incentive, when we have peo- the oil industry. It is something called Louisiana, essentially the person who ple from Shell Oil saying we do not royalty relief. I will take a few minutes put this whole thing together, thinks need the Royalty Relief Program, when to explain to the Senate how this this program is out of whack. we have the original author of the pro- works. Senator Johnston said: gram, our former colleague Senator The oil companies are supposed to The one thing I can tell you is this is not Bennett Johnston, saying this is not pay royalties to the Federal Govern- what we intended. what he intended, I sure hope that is a ment when they extract oil from Fed- So I come to the Senate today with a wakeup call to the Senate. This is not eral lands. In order to stimulate pro- simple proposition. My proposition is, a close call. duction when the price of oil was royalty relief can only be obtained if it We are going to see, according to the cheap, the Federal Government re- is needed to avert a supply disruption General Accounting Office, a minimum duced the amount of royalty payments or prices drop and there is no incentive of $20 billion head out the door as a re- the companies had to make, certainly a for people to produce in the United sult of this program. logical argument for doing something States. By the way, it was sweetened up also such as that when we are not getting The distinguished Senator in the in the energy conference last year. In the production we need. When prices chair, Senator COBURN, knows a great fact, it was done almost in the dead of are cheap and we do not have incen- deal about the oil business. I want to night because nobody could make a tives, then there is an argument for make sure there are incentives for pro- case for sweetening up this program some kind of royalty relief. But now duction. But the President of the anymore in broad daylight. So essen- that the price of oil has soared to over United States, to his credit, has said tially, with virtually no debate, even $70 a barrel, the discounted royalty you don’t need incentives when oil is last year, in the Energy bill, after the payments amount to a needless subsidy over $50 a barrel. It is at $70 today. previous Secretary of the Interior, Sec- of billions and billions of dollars. (Mr. MCCAIN assumed the Chair.) retary Norton, had kept adding to the Now, to his credit, the President has Mr. WYDEN. Not long ago when the program, the Congress continued to en- essentially said, look, we do not need oil company executives came before rich this program and needlessly of- this huge array of incentives for the oil the Energy and Natural Resources fered these subsidies. industry when the price is over $50 a Committee, I went down the line and Mr. President, I think a little bit of barrel. Now we are looking at $70 a bar- asked them if they needed the various history is in order. Certainly, back in rel. So a program that one could argue tax breaks. To a person, they all said the middle 1990s—this program is, es- on behalf of when the price of oil was no. So now we are seeing a bit of dis- sentially, one that is a decade old—you cheap has lost all its rationale at this cussion about whether all of these tax could make an argument for the Gov- critical time when we, of course, are breaks are needed by people in the oil ernment being involved in an incen- seeing record prices, record profits, and business. tives effort. Certainly, when the price now record royalty subsidies to the It is one thing to talk about new ini- of energy was low and we needed oppor- companies, as well. tiatives—and we will be debating a va- tunities to incentivize production, so

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3642 CONGRESSIONAL RECORD — SENATE April 27, 2006 be it. That was a case where some tar- So the supplemental we are on the floor on more than one occasion, and geted efforts on the part of Govern- floor debating now involves $35 billion. save our citizens’ hard-earned tax dol- ment to stimulate production could The amendment I hope to have adopted lars for more worthy uses. make some sense. today would pick up a significant por- Consumers of this country are al- The Government is now out of the tion of the costs of the supplemental ready paying more at work. They are targeting business. For example, there that have been designated as emer- paying more at home and as they drive are no limits on who gets royalty re- gency spending. everywhere in between. It seems to me lief. The President of the United States If the litigation that is now taking we certainly ought to give them a did not say: Oh, we ought to draw dis- place surrounding this program is suc- break in their personal energy bills be- tinctions between people who get these cessful—and I do not think anyone can fore we continue the operation of a pro- various subsidies. The President of the divine the results of that litigation—it gram that the General Accounting Of- United States said: We don’t need Gov- is possible the Government will be out fice has said will cost taxpayers a min- ernment subsidies when the price of oil $80 billion for this particular program. imum of $20 billion and could end up is over $50 a barrel. That is twice the amount—twice the costing taxpayers $80 billion, if the liti- So what happened, essentially, after amount—of the money this legislation gation over this program is successful. the program got off the ground in the involves. Mr. President, I see other colleagues early 1990s is folks who were supposed Now, colleagues—and I see a number on the floor. I have not had anybody to be watchdogging the program did of Senators on the floor—this is the come to the floor and say they are not do their job. They did not pay at- granddaddy of all the oil subsidies. going to oppose my amendment. If no tention to it. So there was an original This is the biggest and this is the most one does—and I am not going to yield threshold for this program of about $34. unjustifiable of all the breaks. quite at this point—I am anxious—and The price of oil today is $70-plus a bar- By the way, we have had good ideas the chairman of the committee, Sen- rel. They were talking, in the middle coming from colleagues. And probably ator COCHRAN, has been very gracious 1990s, about $34 being the threshold the best single idea—and the distin- in his discussions with me. I am anx- level for the subsidy. guished Senator from Arizona has had ious to go to a vote. I know the Sen- But what happened is, during the an interest in these issues for some ator from Mississippi treats all Mem- Clinton administration, some folks in time—the Senator from Wyoming has the Government agency, the minerals bers fairly, and I have told him I am said, to his credit, he wants to target program, who were supposed to be ready to go to an up-or-down vote on the tax incentives for oil drilling to get watchdogging this program just missed my amendment and get the Senate on more out of existing wells. There is a it. Some have described it as a bureau- record as making sure we save this lot of evidence that perhaps a third of cratic blunder. However you want to money which is being needlessly the oil that is in these existing wells is call it, the reality is, Government, in frittered away. being left behind because we have the middle 1990s, was not doing right No one has come to the floor of the never retooled the tax laws to get more by the taxpayers. The Government Senate to say they object to the from existing wells. should have been watchdogging this amendment. The amendment is very So there are good ideas, Mr. Presi- program. They should have seen there straightforward. It says we are not dent and colleagues, and Senator would be an effort by some in the oil going to have royalty relief unless the THOMAS from Wyoming deserves credit industry to enrich themselves and use President says we have to have it to for one of the best. But I will tell you, the taxpayer to essentially create an avoid a disruption or the price of oil there are some real turkeys out there. incentive that was unjustifiable and in- falls. This is a program which does not And one of them is this existing pro- explicable, if you looked at what we make sense. We ought to save the gram which provides royalty relief are seeing today. Yet the money just money. kept pouring out the doors. where there is no case to do so. This is I, at this point, would like to pro- So what we have is a brandnew sub- an out-of-control program. This is a pound a request to the distinguished sidy—new because it was added during program which has lost its historical chair of the committee. I would be pre- the energy legislation, at a time when moorings. It made sense in 1995, when pared to allow the Senate to move on the price of oil was already above $55 the price of oil was cheap, but it sure to other business if we could agree per barrel. Certainly, the industry can- does not make any sense today. upon a time when there could be an up- not make a claim they need this kind When I asked the executives who or-down vote on my amendment. Would of incentive, as they have said in the came before the Energy Committee re- the distinguished chairman of the com- past. cently—the CEOs of ExxonMobil, Chev- mittee, the Senator from Mississippi, They have been drilling, and drilling ron, Texaco, ConocoPhillips, BP, and give me his thoughts? And can we without this particular incentive. In Shell—I asked them specifically if they enter into an agreement so you can fact, we have seen, fortunately, some needed these new incentives. All of move ahead with the important work increase in drilling and production over them said they did not. you are doing and we can lock in a the past 2 years without this particular So I am offering this amendment time for a vote on my amendment? incentive. There is no doubt in my today that prohibits the Department of Mr. COCHRAN. Mr. President, if the mind, if you look at the record prices Energy from providing any additional Senator will yield, I will be happy to and if you look at the record profits, royalty relief so long as the price of oil respond. the drilling is going to continue if and is above $55 per barrel. That is the The PRESIDING OFFICER. Does the when the amendment I have before the price at which the President said oil Senator from Oregon yield? Senate is adopted. companies do not need incentives to Mr. WYDEN. Mr. President, I am I wish to emphasize, this legislation explore. willing to yield so that the chairman of does give the Bush administration a The amendment, as I have indicated, the committee can respond to my ques- significant amount of discretion in provides an exception in cases where tion. terms of operating the Royalty Relief royalty relief is needed to avoid supply The PRESIDING OFFICER. It re- Program. If the President, if the Sec- disruptions because of hurricanes or quires unanimous consent. The Senator retary of the Interior, for example, de- other natural disasters or if the price from Oregon should request unanimous termines that an absence of royalty re- of oil were to fall. But with oil selling consent. lief would cause a disruption in oil sup- for more than $70 a barrel—way above Mr. WYDEN. Mr. President, I ask ply, they set it aside, go back to the the price for which the President said unanimous consent that the distin- Royalty Relief Program. If the price of incentives were not needed—Congress guished chairman of the committee, oil were to drop precipitously again, ought to stop giving away more tax- Senator COCHRAN, be allowed to re- once more, you can provide oil royalty payer money for unnecessary subsidies. spond to my request, and that after he relief. But when the companies make We ought to prohibit further royalty has completed his response I reclaim record profits, when they charge record relief, use this money to pay down the my time. prices, it seems to me they do not need deficit, as the distinguished Senator The PRESIDING OFFICER. Is there these record amounts of subsidies. from Arizona has suggested on this objection?

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3643 Without objection, it is so ordered. misspoken on this point; the total Is the Senator from Oregon con- The Senator from Mississippi. amount of the supplemental bill is $100 cerned that he is not going to get a Mr. COCHRAN. Mr. President, I will billion. The cost of litigation over this vote on this amendment? Because it be happy to respond to the Senator’s program, if successful, could be $80 bil- seems to me if the amendment is pro- inquiry. Responding to the Senator’s lion. The General Accounting Office es- posed and it is in order, at some point, inquiry, I am not, as manager of the timates that at a minimum, the Gov- after disposing of the pending amend- bill, deciding who offers an amendment ernment is going to be out $20 billion. ments, unless there is something I or what the content of the amendment My amendment alone could pay a sig- don’t understand, the amendment of is or how long the amendment can be nificant portion of what is needed to the Senator from Oregon would then be discussed, whether or not there will be cover this emergency spending legisla- subject to a vote. As the Senator from a tabling motion offered to any amend- tion. Oregon knows, there are several other ment or reaching an agreement with The Government is here talking pending amendments that we think are each Senator as to when a vote would about an emergency spending bill be- important as well, particularly having occur on the amendment. The Senate cause there isn’t the money in order to to do with earmarks. rules control all of those issues. As pay for these essential programs. Yet I note this morning in a Wall Street manager of the bill, I am not going to at a time when we have an emergency Journal-NBC poll, the No. 1 concern of inject myself in trying to manage to spending bill and we don’t have the Americans is earmarks. I find it very the extreme minutiae of the procedures money in order to take care of needs, interesting that they are sick and tired of the Senate the way this bill is con- the Government keeps ladling out bil- of the absolutely incredible stuff we sidered. I think we have rules that are lions of dollars. All I want to do is pre- have loaded into this bill. The Senator here for a purpose. We ought to follow vent what we saw last year in the En- from Oklahoma and I have an amend- the rules. ergy bill. We are now going to do it dif- ment about seafood marketing. The We have other Senators who have of- ferently. We are going to stay here, and Senator from Oregon, I am sure, prob- fered amendments already which are we are going to stay at this discussion ably remembers that last year they pending and were pending before the until the Senate votes up or down as to spent some half a million to paint a amendment of the Senator from Or- whether we want to keep sweetening a giant salmon on a 737. The same money egon. They have a right, and I am not program with billions and billions of would go to that same outfit in this going to do anything that would dollars at a time when there is no com- bill that is supposed to be for the war abridge or infringe upon that right, to monsense reason for this particular in Iraq. call for the regular order at any time. program. I am sorry for the long question. I And the Senate would go back to the I have come to admire the Senator apologize to my friend from Oregon. Is consideration of those earlier amend- from Arizona. We serve together on the it his concern that he will not get a ments. Commerce Committee. I particularly vote on this amendment or that he So I cannot give the Senator any as- appreciate his tenaciousness. He has needs a vote now? Perhaps for the rest surance, except you should be treated taught me an awful lot about it. of us who are waiting to offer amend- like any other Senator; no different Frankly, that is what is needed. Some- ments, he could clarify. I thank the whatsoever. You have the right to talk body has to stay here and stay at this Senator from Oregon for his courtesy. about your amendment, and eventually until we drain this swamp. To contin- Mr. WYDEN. I thank my friend. Be- it will be disposed of in some way. But ually shovel out billions and billions of fore we got into seafood marketing and I am not going to put it ahead, reach dollars, when the President of the the question of earmarks, it seemed to an agreement that it should go ahead United States has said we don’t need me that your point was a very logical one, sometimes too logical for the Sen- of any other issue before the Senate. these incentives when oil is over $50 a This an emergency, urgent supple- barrel, I don’t see how anybody can ate. That is, how do you get a vote mental appropriations bill to fund the argue for the continuation of this pro- around here? What I was asking the war in Iraq, the global war on terror, gram in its current form. distinguished chairman of the com- I said I am not going to chuck the mittee is if we could get agreement to provide the Department of Defense and program in the trash can. All I am have a vote at a time certain or con- Department of State with funds that going to say is, you get royalty relief if ceivably to have my proposal included are needed now to protect the national the price of oil goes down or we need in the next group of amendments to be security interests of our country, and royalty relief to avoid disruptions. voted on. But, yes, I say to the distin- to assist in the recovery from Hurri- That is a straightforward proposition. guished Senator from Arizona, without cane Katrina and other such events. It certainly ensures that we go back to that commitment, I am very much con- That is the business of the Senate. I what was originally contemplated. vinced that we won’t get an up-or-down wish to see it handled in an expeditious Even the authors of this program, peo- vote on this outrageous boondoggle, a way, under the rules of the Senate, and ple such as our former colleague Sen- huge expenditure of many billions of then we wind up the business of the ator Bennett Johnston, are scratching dollars that as recently as the energy Senate on this bill and any amend- their heads and saying: This program is conference, there were no votes. It was ments thereto in a workmanlike way, completely out of control. It makes no done in the middle of the night. It was with fairness to all, Republicans and sense in its current form. snuck in after midnight. Democrats. I don’t see how you can argue some- The reason why: Because nobody was The PRESIDING OFFICER (Mr. thing that at its outset was designed to able to do what I am trying do right COBURN). Under the unanimous consent promote production when prices were here on the floor of the Senate, which agreement, the Senator from Oregon cheap. By the way, a lot of the sponsors is to say, we are going to do this in has the floor. of this legislation always said this pro- broad daylight. If Senators want to Mr. WYDEN. Mr. President, I think gram was cost free. I was amazed to vote in favor of a program that sub- it is going to be a long day because I hear that. sidizes, when we are over $70 a barrel intend to stay here and make the case Mr. MCCAIN. Will the Senator yield and the President of the United States for this outrageous rip-off being elimi- for a question? says we don’t need those subsidies, nated. This is an extraordinary waste Mr. WYDEN. Through the Chair, I then Senators can so vote. of taxpayer money. Colleagues know I ask unanimous consent to have Sen- Mr. MCCAIN. If I may, if the Senator always try to work in a bipartisan way. ator MCCAIN propound his question, will yield for an additional question. I always want to expedite the business and when I have responded, I would be The PRESIDING OFFICER. The Sen- of the Senate. able to reclaim the floor. ator does not require unanimous con- The last time the Senate looked at The PRESIDING OFFICER. Without sent. He retains his time. energy, after midnight, in the middle objection, it is so ordered. Mr. WYDEN. Very good. of the night, there was an effort to Mr. MCCAIN. Mr. President, if the Mr. MCCAIN. My understanding from sweeten this program and add more Senator yields for a question, then he talking to the floor staff, I say to the cost to taxpayers that cannot be justi- maintains the right to the floor. I by Senator from Oregon—and the distin- fied. As I understand it, I may have no means want to deprive him of that. guished chairman can probably help

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3644 CONGRESSIONAL RECORD — SENATE April 27, 2006 out on this—is we have a number of be in court endlessly, as far as I can floor today and say here is why we need amendments in order which are going tell. It was a program that was sweet- the Royalty Relief Program. to be voted on, I think by an agree- ened by the administration, even at a I note that I have been trying to get ment between the two leaders, which is time when the President said you a vote on this particular amendment the general procedure around here. didn’t need added incentives when oil since last night. Not one Senator has Nothing is more outrageous, as the was over $50 a barrel. come to the floor and said that they Senator from Oregon pointed out, than I have mentioned some of the prob- oppose my amendment. I cannot get a these things that are stuffed into con- lems we saw in the previous adminis- commitment for a vote up or down. ference reports. But this isn’t a con- tration. I guess nobody was home And given what has happened with ference report. This is an initial bite at watchdogging the particular program these oil interests and this program, an appropriations bill. I hope that per- there in the minerals department be- that is not acceptable to me, and I can- haps we could work out something so cause they were supposed to have a not imagine that it is acceptable to the we can continue with the amendment threshold in terms of when subsidies American people. process and set a time for votes on all would be dispensed. But what you have We have a supplemental that is going amendments, with the amendment of seen with this particular program is to cost $100 billion. If the litigation is the Senator from Oregon in order fol- how a handful of insiders, very clever successful, we will see the Government lowing the others, as is the normal pro- lobbyists, have been able to get the out of up to $80 billion. The General cedure. Maybe the Senator from Or- Government to give away billions and Accounting Office estimates the min- egon could ask for that again, we could billions of dollars. I don’t understand imum cost of this program will be $20 move forward. We all know that how any Member of the Senate could billion. So at some point, it seems to everybody’s time is limited. go home, face a town meeting in their me, the Senate has to step in and say I thank the Senator for responding to particular community, and make the we are going to have some account- my question. case for having this program in its cur- ability here for taxpayer money; we are Mr. WYDEN. To respond to my friend rent form at this crucial time. Do Sen- not going to sit on our hands when the from Arizona, he is very good at work- ators want to go home, meet with folks money pours out the door. ing out arrangements to get votes on in grange halls and senior centers and In terms of the timeline, there are a these matters that are so important to the like—I just got clobbered on the couple of dates that I think are par- the public interest. Perhaps it is pos- way to a meeting about these prices— ticularly important. In January of 2004, sible, through his good offices, to per- and say, gosh, we have to continue this the Department of the Interior appar- suade Senator COCHRAN and others that royalty relief program? Essentially ently expanded the royalty incen- we can make arrangements. I am not what you have is a multiyear fiasco. tives—the incentives the companies anxious to hold up the time of the Sen- It began in 1995. At that time, with would be getting under this particular ate. By the way, I was here late last the price of energy low, you could program. About a year after that, the night, and I would have been prepared make a case for this particular pro- President of the United States made to vote last night. So this Member was gram. But over the years, and particu- his statement with respect to what prepared to vote last night. I am pre- larly in the last few years with high kind of incentives there should be for pared to vote now. I am prepared to prices, what you have is a situation people in the oil business. He said, as I give up the floor as long as there is a where you have a program mush- have noted today, with oil at $70 a bar- commitment that we get a vote. But rooming in cost, mushrooming in rel, the Government ought to get out the handling of this program is a dis- terms of the toll it takes on taxpayers. of the business. That is the President of the United States. The President grace. The Bush administration has even con- You cannot make an argument for firmed that the Government will lose said we don’t need these incentives. By having no accountability whatsoever billions of dollars in royalties. the way, he made no distinction in at a time when billions and billions of So this argument some have made terms of the kind of companies in- taxpayer dollars are used. That is what that this program costs nothing—we volved. He just said the Government happened during the energy legislation heard that in the energy debate last doesn’t need to be pouring out sub- where in the dead of night, not only year. It is an argument that the Roy- sidies when the price of oil is $70 a bar- rel. was the program preserved, the pro- alty Relief Program costs nothing. The next key date was in the summer gram was sweetened at a time when Now that is contradicted by the Bush of 2005—— the President says you cannot make administration itself, which has indi- Mr. SALAZAR. Mr. President, will the case for these kinds of subsidies. cated that it is going to have to waive the Senator yield for a question? We will continue with this discus- billions and billions of dollars in royal- Mr. WYDEN. I am happy to yield to sion. My door, as always, remains open ties. my colleague for a question and then to colleagues. I would like to think I There is a lawsuit underway, as I continue discussing my amendment. was bipartisan before it became fash- have noted. The lawsuit challenges Mr. SALAZAR. Mr. President, I ionable to be bipartisan. I note that what amounts to one of the few restric- thank my friend from Oregon for yield- Senator KYL is a cosponsor of the legis- tions on the cash drawer the oil compa- ing for this question. I appreciate what lation. Senator LIEBERMAN has joined nies look to, and I gather that the oil my friend brings to this issue in trying on as a cosponsor of the legislation. I companies have a pretty good chance to make sure we are dealing with the remain anxious to work with Senators of prevailing there. So we would see budgetary situation that faces our Na- to get this worked out. even more money shoveled out the door tion in a straightforward manner. I ap- We have been talking a lot about lob- in the days ahead. Some have called preciate his advocacy here this morn- byists. We have had a lobbying reform this program one that was non- ing. bill and the Senate has acted. It was controversial. I will tell you that I My question to my friend from Or- not all I wished it were, but at least it don’t think you can explain this to egon is whether he would be willing to was a beginning. Talk about special in- anybody in broad daylight. That is why yield time for me to simply offer an terests and about the clout of lobby- the actions with respect to sweetening amendment that I could do at this ists, this program is a textbook case of the program were taken in the middle point in time. how a handful of savvy lobbyists can of the night. After the CEOs of all of Mr. WYDEN. Mr. President, I am hotwire the political process and end the major oil companies have come be- under the impression that I cannot up costing taxpayers billions and bil- fore a joint hearing of the Senate En- yield to my friend—I certainly would lions of dollars. The law itself, through ergy and Commerce Committees, say- like to—without in essence losing my the handiwork of all these lobbyists, is ing, in response to my question, that right to stay on the floor. As I said ear- full of confusing language, language they agreed with the President’s posi- lier when we had questions from the that has lent itself to a wide variety of tion that when the price of oil is more Senator from Arizona and others, I interpretations. We are almost running than $55 per barrel, they don’t need in- would very much like to get a time a lawyers full employment program centives to explore for oil and gas, I commitment, because I know the Sen- with this particular initiative. It will wish one Senator would come to the ator has important legislation he

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3645 would like to have considered, and I I am ready to vote now. I am ready to amendment included in the next group also see my friend from Texas, Senator vote as part of a package of amend- of votes, and we will get an up-or-down CORNYN. This is not my favorite way of ments. My understanding is I cannot vote, I would certainly like to save my getting the business of the Senate yield the floor at this time without los- larynx and let the Senate get about its done. But my understanding is I cannot ing my place. I reluctantly have to de- business. give up the floor to another Senator for cline. Mr. COCHRAN. Mr. President, if the purposes of their having consideration Mr. SALAZAR. Mr. President, I ask Senator will yield for a question, with- of their amendments. another question of my friend. All I am out his losing the floor. Reluctantly, I tell my good friend, a attempting to do, as many colleagues Mr. WYDEN. Yes. wonderful addition to the Senate, that here are attempting to do, is put an Mr. COCHRAN. Mr. President, the I cannot do that at this time. I also see amendment on file so we can make Senator asked if I would agree that he our friend from Arizona here. He may them part of the pending business. We could have an up-or-down vote at a spe- be working his magic with the leader- can have a unanimous consent for you cific time or in a certain order. That in ship and the Chair so as to be able to at to yield to me for 2 minutes so I can itself treats the Senator in a way that some point lock in a vote. I would be offer my amendment. Part of that is different from the way every other happy if I could get a commitment that unanimous consent would be that we Senator would be treated under the the Senate would vote on this amend- then go back to the Senator’s amend- rules of the Senate. ment. I would be happy to let col- ment. I think we can get down to at We have opportunities for making leagues proceed for several hours and least offering one more amendment. points of order against an amendment have a chance to do their important I ask the Chair whether I am correct that every Senator has under the rules. work. in my assumption that if there is no Any Senator could move to table the I note once again that not one Sen- objection to my unanimous consent re- Senator’s amendment and get the yeas ator of either political party has come quest, then I can offer my amendment and nays. But he is insisting that his to the floor and said they want to de- and then return the floor to the Sen- amendment be treated different from fend this multibillion dollar program ator from Oregon. that required under the rules in that he in its current form. That is an astound- Mr. WYDEN. Parliamentary inquiry, wants an up-or-down vote and he wants ing thing. I was very pleased to get Mr. President: However much I would it in a certain order. Senator KYL this morning as a cospon- like to do what the Senator from Colo- His amendment was not in the first sor of the legislation, and Senator LIE- rado has suggested, I cannot do that order of business when the Senate BERMAN and others. But what is stun- without losing my place on the floor, is started its work today. There were ning is in this place you can hardly get that correct? other amendments pending. But the The PRESIDING OFFICER. The Sen- everybody to agree to go out and get a Senator, by unanimous consent, pro- ator could do what the Senator from soda pop. Yet in discussing this legisla- ceeded with his offering of an amend- Colorado is talking about by unani- tion, nobody has stood up and said they ment. are going to defend the Royalty Relief mous consent, as long as no other Sen- ator objected to what he was asking. All I am suggesting is, I cannot be Program in its current form. the referee for the duration of the han- Mr. SALAZAR. Mr. President, I ask Mr. WYDEN. So if the Senator from dling of this bill and decide whose my friend if he would yield for another Colorado propounds a unanimous con- amendments get up-or-down votes, question. sent request asking that he be allowed Mr. WYDEN. Once again, as part of to speak for a couple of minutes so as whose amendment can be tabled or a the unanimous consent agreement, I do to be able to offer his amendment, at motion to table can be made, whether yield for a question. the end of those 2 minutes, what he has parliamentary objections can be made Mr. SALAZAR. Mr. President, to my offered is set aside and the business of to proceeding on an amendment. Any friend from Oregon, I ask if he would the Senate would once again be my person can be recognized to debate the object to a unanimous consent request amendment, the Chair is advising that amendment and talk without interrup- on my part to offer an amendment con- that could be done? tion until 60 Senators vote to cut off cerning a fire emergency disaster we The PRESIDING OFFICER. It first debate of that Senator who is talking. are facing across our Nation in the takes unanimous consent for the Sen- So I am not going to make, I can’t West—something that also affects the ator from Colorado to even ask for make, it is not appropriate for me to State of Oregon—and to agree not to unanimous consent while the Senator make rules that, in effect, limit all of object to my unanimous consent re- from Oregon has the floor. the other Senators in the rights they quest to offer this amendment and to Mr. WYDEN. Mr. President, let me have under the rules of the Senate. speak to this amendment for a period say I am going to have staff work with This is just plain and simple. He is of no more than 3 minutes. the Parliamentarian for a bit—my staff asking for special treatment of his Mr. WYDEN. Mr. President, let me and Senator SALAZAR’s staff, and oth- amendment, and I don’t have the power propound this to the Chair. My under- ers—to see if we can address the con- to do that and be fair at the same time standing is if I yield to the distin- cern of the Senator from Colorado. to every other Senator. So that is why guished Senator from Colorado for pur- Maybe we can get a number of Sen- I am not agreeing to the unanimous poses of these unanimous consent re- ators involved in this so we can lock in consent request. I don’t think it is ap- quests, I would lose the opportunity to some actual votes. propriate that I do that. be considered, after he discussed this, I would be very pleased to get a com- His amendment ought to be treated automatically. My understanding is I mitment from the distinguished chair- just like anybody else’s amendment. cannot yield to the Senator from Colo- man of the committee, Senator COCH- But he comes out here after amend- rado without losing my place. Is that RAN, to have my amendment included ments are being set aside at his request correct? in the next group of votes. That is a and offers his amendment and asks The PRESIDING OFFICER. It re- pretty simple request—something that that we agree to vote up or down at a quires unanimous consent to yield for goes on here very often. It seems to me particular time. I have heard from anything but a question. So it could be if we cannot do that, and I am not in- some Senators who have concerns propounded as a unanimous consent re- cluded, then I guess I have to stay at about the amendment. quest that the Senator from Colorado my post here and say that I think the The Energy Committee has jurisdic- would be recognized, followed by the taxpayers ought to get some protection tion of this legislation. I am chairman recognition of the Senator from Or- and we ought to stop the ripping off, of the Appropriations Committee, not egon, as long as no other Senator ob- the persistent plundering of tax rev- the Energy Committee. The Energy jected. enue, at a time when the President and Committee has the right to review any Mr. WYDEN. Again, I tell my friend everybody else says you cannot justify suggested change in current law on from Colorado that this is not my pre- these kinds of incentives. If I can get a matters coming within the jurisdiction ferred choice of doing business in the commitment from the distinguished of their committee, and that is being Senate. I was ready to vote last night. chairman from Mississippi to have my denied by offering this amendment to

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3646 CONGRESSIONAL RECORD — SENATE April 27, 2006 an appropriations bill and then asking of the subsidy business when oil is over the other body of the natural resources the chairman of the Appropriations $50 a barrel. committee, said: You don’t need this Committee to guarantee that there be I have a unanimous consent request incentive. Nobody has ever called Con- an up-or-down vote at a particular ready to go so I can satisfy colleagues. gressman POMBO anti-oil. Even the peo- time. So I can’t agree. I now see the distinguished Senator ple at Shell Oil say you don’t need this The PRESIDING OFFICER. The Sen- from New Jersey is here, the Senator kind of incentive in this climate. ator from Oregon. from Florida is here, and the Senator The Senator from Florida makes a Mr. WYDEN. Mr. President, by way from Pennsylvania is here. There are a good point that there are a variety of of responding to the distinguished lot of folks who would like to have a subsidies that go out to oil companies, Chair, the Senator is not asking for chance to speak, and nothing would but the one that the Senator from special treatment. What we do in the please me more than to let them get Florida is talking about is really small Senate again and again—it is the com- about that business. potatoes compared to what we are mon practice, something that goes on I have not been here as long as the talking about here. I appreciate the every week—is we have debates on distinguished Senator from Mississippi, question. amendments and then Senators have but I have not had an instance such as Mr. STEVENS. Will the Senator those amendments put into a group, this ever happen to me in the Senate yield for a question? and when there has been a group of when I ask: Can I get a chance, as part Mr. WYDEN. Once again, under our amendments put together and all Sen- of a group of amendments, or at some unanimous consent agreement. ators on both sides of the aisle have point, an up-or-down vote, and no ef- Mr. STEVENS. I wonder if the Sen- been notified that there will be votes, forts are being made to work some- ator from Oregon would agree, I have then there are votes. thing like that out. I think it is unfor- heard the comment that the normal That is all that I have asked for. tunate. I am going to have to remain process is for a Senator to offer an There is no request for a specific time. at my post, and colleagues who want to amendment and to have an opportunity Do it at 1, 2, 3. Do it whenever we have ask questions—does the Senator from to get a guarantee of a vote. I am sure, a block of amendments so we can get Florida seek to ask a question?—I will would the Senator agree, that the Sen- on and hear from Senator CORNYN and be able to respond and reclaim my ator’s amendment is subject to an Senator SALAZAR, and I now see the time. amendment? Senator from North Carolina and the Mr. NELSON of Florida. Mr. Presi- Mr. WYDEN. Of course. I will tell my Senator from Pennsylvania here as dent, I ask the Senator to yield for pur- good friend from Alaska, I have been well. poses of a question and that he retain surprised that somebody hasn’t come I don’t understand why we can’t get a the floor. to the floor to speak against my commitment that at some point—what Mr. President, to the Senator from amendment or to second-degree it, or goes on here regularly, that Senators Oregon, I certainly commend him. anything of the sort. I have been here get votes as a group of amendments is Something is out of whack where we since last night, I will say—reclaiming considered—that be done. have a system of payments, royalty or my time—I have been here since last I come back to the point, having had otherwise, or tax credits, otherwise can night discussing this, and no Senator, now considerable amount of discussion, be characterized in the vernacular of Democrat or Republican, has come and that not one Senator has said they the street as giveaways, to an industry opposed the amendment that I am of- want to defend the oil royalty relief in that at this point is reporting their fering. No one has tried to second-de- its current form. I think that is incred- first quarter profits. It is expected gree it. ible. I certainly expected some opposi- today or tomorrow that ExxonMobile I think at this time what I would like tion. I was pleased when Senator KYL will report a profit in excess of $9 bil- to do—— and Senator LIEBERMAN said they lion for 3 months. That is profit for 3 Mr. STEVENS. Will the Senator wanted to be cosponsors. I expected months. That doesn’t include the other yield for another question? people to come on over here and oppose major oil companies. Mr. WYDEN. I will be happy to. it. And I think the reason there is no So I ask the Senator from Oregon, he Mr. STEVENS. Mr. President, I have vocal opposition to this program is ex- has made a proposal—I don’t know if it been trying for 25 years to get a vote actly what we saw in the energy con- is the one that is on the floor right on ANWR. I fully intend to offer ANWR ference committee last year. You can’t now—to eliminate the $1.5 billion give- as an amendment in the second degree defend this program in broad daylight. away. Will the Senator flesh out that to the Senator’s amendment, and then That is why it was sweetened in the particular proposal? I want to help him get a vote. I want to middle of the night. A program that Mr. WYDEN. That is not the amend- help him get a vote right now. That is made no sense, was already a boon- ment that I offer. I will tell the Sen- exactly what I have been waiting to do doggle, got even sweeter with addi- ator that I am trying to roll back the for 25 years. tional sums now going out the door. subsidy program that is the grand- So I serve notice, I will offer an I have noted that if the litigation of daddy of all of them. This is the one amendment in the second degree, the this program is successful, it is pos- that is going to fleece taxpayers the ANWR bill. I do hope we will vote on it sible that the Government will be out a worst. This is the one that the General today. sum close to the entire cost of the sup- Accounting Office says at a minimum The PRESIDING OFFICER. The Sen- plemental program. will cost taxpayers $20 billion. ator from Oregon. So I repeat to the distinguished Sen- So the Senator from Florida, who has Mr. WYDEN. Mr. President, reclaim- ator from Mississippi, nothing would had a great interest in energy policy ing my time, just so we can make sure please me more than to enter into an and serves on the committee, is talking all the dots are connected, I ask unani- agreement to allow others to go for- about something else, but he has made mous consent that my amendment be ward, and my amendment could be the point again that there are a host of voted on during the next group of voted on in exactly the way the Senate these subsidies. But the billion-dollar amendments. customarily does business; that is, program that the Senator from Florida Mr. STEVENS. Reserving the right when we have a block of amendments, is talking about is peanuts compared to object, will that bar my offering of a group of amendments that Senators to what we are talking about here. my amendment on ANWR? Is the have had a chance to discuss and con- What we are talking about here—I amendment still subject to an amend- sider, we would then take a vote. But see the distinguished Senator from ment in the second degree? for some reason, we are not going to do Alaska, Mr. STEVENS, is here. He was, I The PRESIDING OFFICER. There is that with respect to this multibillion- know, a close friend of Senator John- nothing in this agreement that would dollar subsidy program, a program that ston, who was the original author of bar a second-degree amendment. has the Government subsidizing these this program. Senator Johnston has Is there objection? companies through royalties when oil said that he didn’t intend anything Mr. COCHRAN. Reserving the right is $70 a barrel, and the President of the like what this program has turned out to object, Mr. President. I suggest the United States says we ought to be out to be. Congressman POMBO, the chair in absence of a quorum.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3647 The PRESIDING OFFICER. The Sen- that I am anxious to work with all of the fact that this program was sweet- ator from Oregon has the floor. the Senators who are on the floor, and ened—and expensively so—behind, es- Mr. COCHRAN. Further reserving the I am sure there are others hovering sentially, closed doors last year, it right to object. about the Chamber, to get on with the seems to me that at a minimum we The PRESIDING OFFICER. The Sen- business of the Senate. All I want to be ought to have greater openness for this ator from Mississippi. able to do is what I think is pretty cus- program, additional funding for audi- Mr. COCHRAN. Mr. President, I tomary in the Senate, and that is to tors, and that, too, has not been forth- think the Senator from Alaska has pro- get a vote at some point—at the time coming. pounded a question that has not been when we have the next set of amend- So concrete suggestions made by fully answered—at least I didn’t under- ments. But clearly, there are those Senators to better watchdog this pro- stand the answer—to permit him to here who don’t want to allow that. So gram and to protect the billions and offer the amendment he would seek to I think I will just have to persist. billions of taxpayer dollars that are offer to this amendment. So before I One additional area I want to focus needed are highlighted by our chal- yield for that purpose, I want to be as- on, I say to my colleagues, is that I and lenge right here, which is: As we debate sured that the Senator’s rights are pro- others, particularly a bipartisan group an emergency spending bill, a bill that tected on this side of the aisle and that on the Energy Committee, have been is an emergency because the Govern- we are not guaranteeing an up-or-down trying to get an explanation from the ment really doesn’t have the money to vote in so doing on the underlying Interior Department for months and pay for it, we are still seeing billions of amendment. months about what is going on with dollars go out the door needlessly. I don’t want to treat that amend- this program. What we would like to do In addition, the letter from the Sen- ment any differently from any other is see if we could get some account- ators states: amendment that might be offered. ability. We are troubled by the suggestion that That is my concern. Maybe I should A number of Senators wrote back in companies involved in the program have frame that in the form of a parliamen- January to express our concerns. We made differing representations of the costs tary inquiry. I do so inquire of the Par- never got an answer. And what I would to the Securities and Exchange Commission liamentarian. like to do is highlight a few points of and the Department of Interior. The PRESIDING OFFICER. As the the Senators’ concerns because I think, These are both Federal agencies. In Chair said before, there is not anything once again, they go to this point about order for the Congress to carry out its in the unanimous consent request that whether there is going to be some ac- own oversight responsibilities and would stop somebody from offering a countability in a multibillion-dollar probe the magnitude of these discrep- second-degree amendment to the program that has been costly to our ancies, what the Senators asked is for amendment of the Senator from Or- taxpayers. information with respect to oil and gas egon. The Senators said, in a January 24, prices over the last few years. Once Is there objection? 2006, letter: again, it looks to me like a very rea- Mr. STEVENS. Mr. President, again There is a series of steps the Interior De- sonable kind of request, and I want to reserving the right to object, this does partment can take to remedy the flaws with highlight again that when you have an not bar an amendment in the second this program. For example— out-of-control program, when you have degree; is that correct? The letter notes— Senators making practical suggestions Mr. WYDEN. Mr. President, I ask you could reinstate the full audits of the like having better audits, like having unanimous consent to modify my royalty relief program that have been scaled better enforcement of existing laws, amendment. back during the Bush administration. saying we ought to follow up on dis- Mr. STEVENS. I object. Now, as to auditing this program, au- crepancies in the information that is Mr. WYDEN. I ask unanimous con- diting a multibillion-dollar program furnished to the Government, that sent to modify my amendment. that you can’t justify at a time of $70- strikes me as a no-brainer. Every Mem- Mr. STEVENS. I object. a-barrel oil costs, you would think that ber of the Senate should say: Of course, The PRESIDING OFFICER. Objec- having these audits would be pretty we want to watchdog the way these tion is heard. Mr. STEVENS. Mr. President, I re- much a no-brainer. You would say that monies are being spent. peat my parliamentary inquiry. Does the Interior Department, particularly I would like to read a little bit about the Senator’s request—— after they have been criticized by their these disparities in the costs of the The PRESIDING OFFICER. The Inspector General on this particular program. Johnnie M. Burton, Director Chair’s answer is there is nothing in point, would be willing to step up the of the Interior Department’s Minerals the unanimous consent request that audits. They would be willing to take Management Service—I am just going would stop the Senator from Alaska some steps, some concrete steps, to to read from a report, a news report on from offering the second-degree amend- make sure that so many taxpayer dol- it—said the disparities, the differences ment. lars weren’t being wasted. Unfortu- in the information that was furnished Is there objection? nately, that has not taken place. We by the industry ‘‘were mostly the re- Mr. WYDEN. reserving the right to haven’t seen the audits that even the sult of deductions that the regulations object, Mr. President, I am going to Inspector General has called for in the let companies take, reducing the sales withdraw—— program. price they report to the government.’’ Mr. COCHRAN. Mr. President, par- Another step that has been noted by Now let’s just think about that. The liamentary inquiry: How does the Sen- the Senators would require enforce- companies take these deductions; that ator seek to clarify— ment of existing rules for this program, reduces the sales price that is reported The PRESIDING OFFICER (Mr. such as those requiring companies to to the government; and still the De- GRAHAM). The Senator has the right start paying royalties when market partment of Interior won’t step in and to withdraw his unanimous consent re- prices reach a threshold level. Again, say: We are going to try to straighten quest. we have seen no response—no re- out these discrepancies in the informa- Mr. WYDEN. Mr. President, I intend sponse—to practical, concrete sugges- tion about this program. to withdraw my unanimous consent re- tions that Senators have made to make To read further, the Director of this quest at this time, and my staff is sure we get some accountability into program said that she, ‘‘had not known happy to work with Senator STEVENS, this particular program. and could not explain why companies as we have done on so many issues, to I also note that Senators have indi- were reporting higher sales prices to see if we can work something out that cated they would be supportive of legis- their shareholders and to the Securi- is acceptable. lation that would require greater ac- ties and Exchange Commission than to The PRESIDING OFFICER. The countability for this program so that, her office.’’ unanimous consent request is with- in effect, it would be possible for people Once again, that is an extraordinary drawn. to see how it actually works in broad statement, a statement that comes Mr. WYDEN. Mr. President, having daylight. That, too, is probably too from the Director of the Minerals Man- said that, I want to state once again logical, and I would only say that given agement Program. And she wraps it up,

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3648 CONGRESSIONAL RECORD — SENATE April 27, 2006 when she is asked by the news media to here we are, working through lunch- think that is why we ought to discuss respond—and I will quote here from the time on this particular program. it. news reports: I will also tell the Senate with re- I don’t think this is going to harm in I can’t answer because I don’t know. We spect to where we are right now that any way the incentives to produce oil don’t look at SEC filings. We don’t have the amount of the subsidy that is out in this country. We certainly need to enough staff to do all of that. If we were to there today could increase—this is in do that. We are as dependent on foreign do that, then we would have to have more an article from U.S. News and World oil as we were 20 years ago. I person- staff and more budget. You know, there is Report—fivefold. So we are talking ally think getting a new energy policy such a thing as budget constraint, and it has about billions of dollars that go out the is about the most patriotic thing we been real tough, let me tell you. door today, and if the litigation is suc- can do in our country. Getting a new So what we have is the Government cessful, then we will see vast additional energy policy is about as red, white, not even getting the straight story sums going out. and blue as it gets. But you sure don’t about the program. You have Senators In the speech that the President get a new energy policy if you are saying that different representations of made earlier in the week, the Presi- going to keep sweetening, with billions costs by the companies are being given dent, to his credit, said that he really of dollars, a program that doesn’t to the SEC and the Department of Inte- didn’t see the case for subsidies with work, a program that has lacked over- rior, and yet the person who runs the the price of oil well over $70 per barrel. sight, lacked accountability. program says: I don’t know, can’t do it. I don’t see anybody making that argu- By the way, I have mentioned it has Can’t get to the bottom of how a multi- ment. I don’t see anybody making it been bipartisan. I see the distinguished billion-dollar program operates. outside of the Senate. And as I have Senator from Alaska, Senator STE- Mr. President, I say to my col- said over the course of the morning, I VENS. I have highlighted the fact that leagues, this is the granddaddy of all of don’t see anybody making it in the the previous administration, the Clin- the oil subsidy programs. My friend, Senate today. I wish somebody would ton administration, somewhere, some- Senator NELSON from Florida, came to because maybe then we could begin a place in the bureaucracy, was not the floor to talk about a particular real discussion and we could get on watchdogging this program, was not subsidy he was concerned about and with what the Senator from Mississippi watching the threshold that was need- said that the cost of the subsidy was desires, which is to complete his im- ed to ensure that this money would be about $1 billion. That is certainly a lot portant legislation. But we have not used wisely. of money to the people of South Caro- been able to have that kind of debate, By the way, they were talking about lina and the people of Oregon. This pro- nor have we been able to get a commit- $34 a barrel at that time. Now the price gram that I am saying we ought to rein ment to have this amendment come up of oil is over $70 a barrel. The President in and get some accountability over in- as part of a block. of the United States says we don’t need volves, according to the General Ac- About the only thing we know for subsidies when it is over $50 a barrel. counting Office, a minimum—a min- certain is we have a program that is My hope is we can get this Minerals imum—of $20 billion. And, if the litiga- completely out of control, and even the Management Program under control. It tion that surrounds the Royalty Relief original author of the legislation, our needs to be under control. The bill that Program is successful, we would see former colleague, Senator Johnston, came over from the House addresses the cost to the Government be $80 bil- has indicated that. the royalties issue as well. I think it is lion. Under the Energy bill that was time for the Senate to step up. This is I have been at this for several hours. signed into law last summer, the com- a subsidy that is not needed at this No Senator of either political party has panies were given new subsidies in the time. I wish some Member of the Sen- come to the floor and made a case form of reduced royalty fees. The way ate would come to the floor and say, against my amendment. I have been that came about is we did not have any Let me tell you why the subsidy is pretty surprised about it. I was pleased floor votes, we didn’t have extended de- needed. We have three Senators on the to have Senator KYL and Senator LIE- bate as we are having this morning; it floor and certainly a lot of others have BERMAN sign on as cosponsors of my was done after midnight in the con- been coming through at various times, particular effort. But I would sure like ference committee. It was done after but Senator Johnston, who made the to have a dialogue in the Senate with the claim was made that this would case years ago that this program was respect to the program. I think we not cost anybody anything. That is needed in the 1990s—I think Senator have a good handle on how to reform pretty farfetched. The General Ac- STEVENS probably knows the most it. counting Office says it will cost a min- about the history of the program of We would say: You can have royalty imum of $20 billion. any of us—I think Senator Johnston’s payments when you need them. It is The Senate has indicated that we are argument in the 1990s was the gulf not rocket science. It is very straight- concerned about the practices of lobby- coast was hurting. The gulf coast had forward. If the price of oil goes down, if ists. I say to Senators, this is a classic gotten clobbered. Senator Johnston the President of the United States says case. This is one you would write in the and others were concerned about how we are going to have a disruption of textbooks, of how a small group of lob- things were going to go in the future. our oil markets, then you can stay roy- byists can figure out a way—essen- The price of energy had dropped very alty relief. It is not a complicated tially behind closed doors and in the dramatically. The concern of Senator proposition. But all I can conclude is dead of night when people are not ex- Johnston was that you were going to that Senators—we have had a number actly following debate about energy see very little investment unless you of Senators come over and yet nobody policy, after midnight—to work their had changes in the Government’s pol- has said anything against my amend- will. So I am doing something I have icy. ment. That seems to say, well, just not done in the Senate and that is to I know people at that time—I have chew up our day letting this fellow say I am going to stand here and try to seen the press reports—were comparing from Oregon hold forth. do my very best to protect taxpayers. I the Gulf of Mexico to the Dead Sea. We I have not had to do this in my time think it is critical right now, when we are not faced with anything like that. in the Senate. It is not a whole lot of are dealing with emergency spending In fact, the program worked well in fun when you have colleagues and legislation. This program alone uses up those middle 1990s. friends who obviously put in a lot of a decent portion of the tab for this Now we have a very different situa- work, a lot of time into amendments piece of legislation. tion. Now we have a very different cli- that they feel strongly about. I have Colleagues have talked a bit about mate. In fact, those are virtually the asked on several occasions to see if I tax breaks and the like, but we have words that were used by one of the law- could just get an opportunity to have a not had any real discussion before yers from the Shell Oil Company. The vote, up or down, in some kind of fash- today about royalties under the Min- lawyer from the Shell Oil Company ion, at some point when we do the next erals Management Program. That is said we don’t need royalty relief in this block of amendments. But we haven’t what we are talking about here. The kind of environment, in this kind of been able to get that agreement, so House discussed it in its legislation. I climate.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3649 I hope we will get the Senate to dig making some headway on that par- been reported in the press that the Sec- into the merits of this. I have read the ticular point because we are hearing retary of Interior made the incentives comments from news reports, from Senators on both sides of the aisle say more generous by raising the threshold Senator Johnston. Senator Johnston they want to review those tax breaks. prices. Her action allowed drillers to told the press recently: When we had the executives come be- escape royalties in 2005, when prices The one thing I can tell you is this is not fore the Energy Committee, I went spiked to record levels. She also offered what we had intended. right down the row and asked each one to sweeten the contracts that were not Given all of the fuzzy and confusing of them if they needed the tax breaks generous enough, in her opinion. language that was in this program, in the new Energy bill. When it got to Think about that one. She went back what we have seen is the companies, broad daylight, they said they didn’t and offered to sweeten the contracts those that have tried to milk this pro- need those particular tax breaks. So I that she felt were not generous enough, gram in every way possible, have been think we are making some headway. contracts the drillers signed before the able to do it. I was particularly trou- I then went to the Senate Finance new regulations were approved. What bled by some of the changes the Sec- Committee and was able to get a mod- this amendment does is it prohibits the retary of Interior, Secretary Norton, est reduction in the tax breaks the kind of sweetening of the deals for made administratively. But I think the companies would get. That is now in those who are drilling when prices are Senate, in going forward with this dis- the reconciliation bill. I think it is the high. cussion, ought to reflect on some of the only actual cut in tax breaks the com- When prices are high and we have no comments that have been made by peo- panies have gotten in quite some time. threat of disruption, then I am saying ple who I think have been about as sup- I am hopeful that will make its way the Government has to step in and portive of the oil industry as they pos- into the reconciliation legislation. watchdog this program and do a better sibly could be. In the other body, the Senator GRASSLEY and Senator BAUCUS job for the taxpayers. chair of the natural resources com- have been extremely helpful in that re- These are royalty deals which are al- ready laden with sugar. They do not mittee, Congressman POMBO, says: gard. need any further sweetening. What is There is no need for an incentive. They’ve But the first part of the trifecta is es- got a market incentive to produce at $70 a sentially the tax breaks. I am hoping needed in the Senate is for the Senate barrel. we can get Senators of both political to say now we are going to do what has not been done; we are going to step in Think about that comment of Con- parties at a minimum to review them, and protect the taxpayers and the gressman POMBO. Congressman POMBO review them comprehensively—some- is saying there is no need for incentives American people. thing that hasn’t gone on. Yesterday, Under this amendment I am trying to right now. to their credit, Senator GRASSLEY and get up in front of the Senate, the next I wanted to be sensitive in my Senator BAUCUS indicated they would amendment to the fact that things can Secretary of Interior would not be able begin that particular review. to do what was done last year and give change. We always have to deal with The second part of the trifecta is we that in any legislative proposal. What I away more royalty relief when oil have mandatory spending programs. prices are above $55 per barrel. That is said is, look, the President of the That was one that Senator NELSON United States says we could have a what we are all about today. spoke about earlier, one that involves I hope we will have discussion of supply disruption. If the President of $1 billion. other aspects of the oil business. I the United States says, for example, Then we come to the Royalty Relief know that colleagues have amend- that with prices going down we need to Program, which is the big daddy, the ments of a variety of types they wish reinstitute the program, so be it. But granddaddy of all the subsidy pro- to offer. that apparently is not acceptable to grams. That is the one I have said I am But these are the sweetest deals in some here in the Senate so we cannot not going to let the Senate duck any town. They are laden with sugar. They get an opportunity at some point to longer. do not need any further sweetening. get a vote. It appears both the Chair and the And at some point you have to ask, Is But this is high-stakes stuff, folks. ranking minority member have left the the Senate ever going to draw the line This is not small sums of money. Sen- floor. I think that is unfortunate be- and have some real accountability in ator NELSON raised a question that was cause I want to try to work out an ef- this program? important to him about a particular fort to move ahead on this. But I will I have now been speaking about this subsidy program he was concerned continue. for probably close to 3 hours. No Mem- about. It involved $1 billion. But as a Mr. STEVENS. Will the Senator ber of the Senate has spoken in favor of number have noted, if the legal battles yield? running the Royalty Relief Program that are taking place right now about Mr. WYDEN. Again, under our unani- the way it is. I want to repeat that. the Royalty Relief Program are suc- mous consent. After 3 hours of debate and a chance cessful, we are talking about upwards Mr. STEVENS. I am the senior mem- for anybody here in the Senate to come of $30 billion in additional royalty re- ber of the Appropriations Committee and say, Look, I think it is important, lief over the next few years. How much and former chairman, and I will be I think we ought to keep the program more do we need to prod those who happy to work with you to arrange the way it is, nobody in the Senate has care about this to look at reforming consideration of ANWR at any time. come before this distinguished body this particular program? Certainly Mr. WYDEN. I thank the distin- and made the case for this program on they don’t need more incentives to go guished Senator. I know the Senator, the floor of the Senate. out and drill. Nobody needs to prod the having chaired the Appropriations I think that says it all. Nothing oil industry in that regard. We have Committee, is anxious to try to work could better illuminate the history of seen a great deal of effort on the part this out. My door is open to try to do this out-of-control program than the of the Senate to make it attractive to that. If the Senator can do what appar- fact that nobody has opposed it here or be in the energy business. But what I ently we couldn’t get worked out with has opposed my amendment on the am seeking to do, with the support of Senators MCCAIN, SALAZAR, NELSON, floor of the Senate. Senators KYL and LIEBERMAN and I and others, no one will be happier than The way decisions are made with re- know other Senators, is to get this pro- I. spect to this program is like what hap- gram under control, is to have some ac- I want to note exactly what the pened with the conference committee countability. It seems to me what we amendment does. It blocks the Federal in 2005 on the Energy bill. After mid- are faced with is essentially a trifecta Government from sweetening the al- night, when nobody would have a of subsidies. ready sweetheart royalty deals that chance to see what was going on, an ar- First, you have the companies get- are being dispensed under this legisla- gument was made that this doesn’t ting tax breaks. The Joint Tax Com- tion. This is needed because even as the cost any money. A couple of Senators mittee has estimated that the costs of prices have shot up, the previous Sec- were present. They said, You have to those would be in the vicinity of $10 retary of Interior was giving more roy- be kidding. There has been one Govern- billion. I am beginning to think we are alty relief to the companies. It has ment report and audit after another of

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3650 CONGRESSIONAL RECORD — SENATE April 27, 2006 this program. Nobody can say with a tinguished Senator from Arizona who from South Carolina and I were in the straight face that this program costs said that earmarks were the top ques- Congress, there was a judgment made nothing. Yet that was the argument tion he had heard about from citizens. in the middle of the 1990s to say, all made after midnight in the energy con- Like the Senator from South Carolina, right, let us give these companies a ference. So this legislation kept get- I have an enormous amount of respect break. If they go out and take some ting sweeter and sweeter and sweeter. for the Senator from Arizona. But I risk, if they will go out and drill and Billions of dollars are at stake. We think while earmarks are certainly im- take those chances as you do as part of already have record prices. We already portant—and I don’t want to get into the free enterprise system because the have record profits. The question be- some kind of competition about what Government wanted to encourage pro- comes, Are we going to have record is the most important—I can tell you duction at an important time, there royalty payments? everything I am seeing right now is was bipartisan consensus that it be I think it is important now for the that gasoline prices is the issue the done. Senate to draw the line. I want to American people want to address. The author of the program, Senator make sure the Senate is aware of how I want a new energy policy. I am anx- Johnston, our former colleague from my amendment would work. Right now ious to work with colleagues to do so. Louisiana, put together an impressive the oil companies are supposed to pay As I have spoken here on the floor of coalition to get it passed. As I have royalties to the Federal Government the Senate, I would say arguably the quoted Senator Johnston here on this when they extract oil from Federal best idea we have seen in energy as it floor recently, what we have isn’t any- lands. To stimulate production when relates to production comes from our thing close to what was intended. He the price of oil was cheap, the Federal friend from Wyoming, Senator THOMAS, was kind of baffled about the whole Government reduced the amount of who has pointed out that we are prob- thing. He said the whole thing is con- royalty payments the companies had ably not getting a big chunk of the oil fusing. to make. Now that the price of oil has production out of existing wells. It is It is time for the Senate to say that shot up to over $70 a barrel, the dis- an amazing thing; experts in the field on the biggest subsidy program, the counted royalty payments amount to a say we may be losing as much as a one that costs the most, which is going needless subsidy of billions and billions third of what is out there in existing to be greater, as far as I can tell, than of dollars. wells. If you go and get that oil, first, all of the subsidies combined, and if the So the practical effect of all of this is you begin to add to the production that litigation involving this program costs the Senate works on a supplemental all Senators want to encourage but approximately what the whole supple- spending program. It is called an emer- also you do something that is sensible mental costs, this is the program we gency because the Government doesn’t for the environment because you don’t have to deal with. have the money. That is why we are in run the risk of additional environ- I don’t think it passes the smell test this situation today. We have an emer- mental problems. to keep dispensing billions and billions gency. The Government doesn’t have As we have looked at on the Com- of dollars of royalty relief at this time the money, but yet the Senate is still merce Committee under the distin- from the taxpayers’ wallet. This is a willing to look the other way when bil- guished chair, Senator STEVENS, there program that was useful a decade ago. lions and billions of dollars go out the is a lot of new technology in the oil But nobody could say that we need door at a time when the President of business. So it is possible to capture these kinds of incentives at this time. the United States has said you don’t some of the gases that are emitted and Back when they were talking about need subsidies when the price of oil is better protect the environment. There this program in the middle 1990s, the over $50 a barrel. are good ideas for getting a fresh en- price of oil was in the vicinity of $34 or Experts in and out of the Govern- ergy policy and certainly increasing $35 a barrel. That was the threshold ment share my view that this subsidy production. they were talking about at that time. defies common sense. I have described As I have said publicly and privately, Now the price of oil is twice the thresh- the views of the chairman of the nat- I think Senator THOMAS is one of the old that was used back in those days, ural resources committee, Congress- best. But there are also some programs in the 1990s. man POMBO, who talked about what the that make no sense. This one doesn’t. This is a program that it seems to me folks at Shell Oil have said. Former This one is the biggest of them all. If the Senate has to step in and start Senator Johnston wrote this particular the Senate is serious about reining in watchdogging. One of the reasons I program. There isn’t anybody defend- these practices that drain our Treas- have come to the floor of the Senate ing this program in its current form. ury, which is a factor in our having to today is because the Department of the That is the amazing part of this de- come to the floor and ask for emer- Interior won’t even answer questions bate. Nobody has stood up and said, I gency spending programs, then I think from Senators. After there were news want the Royalty Relief Program to we have to tackle this kind of program. reports earlier this year, a number of operate just the way it is. I thought for Government subsidies—sure, you can Senators asked very practical ques- sure we would have some discussion make a case for them when the price is tions. They wanted to know about ad- about this topic. I thought somebody low, when you have to stimulate pro- ditional audits; they wanted to make would actually stand up and oppose duction, and when our economy needs a sure there was an effort to enforce the what I am talking about. Somebody shot in the arm. But billions of dollars law; they pointed out discrepancies in might say, Look, just because you say of royalty relief for the companies with reports on this program; that the Secu- it is the granddaddy of all subsidies these kinds of prices? I don’t get it. I rities and Exchange Commission was doesn’t mean it doesn’t do any good. don’t think it is even a close call. Per- given one set of facts and statistics and But nobody has done that. In the haps that is why we have not seen any- the Department of Interior was given course of speaking at some length body come to the floor and argue on be- another set of facts and statistics. about this particular program, nobody half of doing business this way. Think about that. We now have compa- here in the Senate has said they want My amendment would ensure that nies not even using the same informa- to come to the floor and defend it. I you have royalty relief when it is need- tion the Government has so the Gov- think that tells a whole lot about the ed. When you need royalty relief, under ernment can watchdog the program. situation we are in. this particular amendment—when Then they go over to the person who By the way, I think it says a lot there is a supply disruption or when heads the Minerals Management Office, about whether the Senate is willing to prices fall—you would be able to have which runs this particular program, hold these companies accountable and that relief. But it ought to be targeted. and what that person says is, Gosh, we is going to watchdog the program It ought to be targeted as it was in the don’t know. We don’t have the audi- which costs billions and billions of dol- middle 1990s. That was a period when tors. We can’t keep track of this. We lars. the price of energy was way down. are not people with expertise. I guess I We have all had our phones flooded Parts of our country that could could see that point if it were involving with folks concerned about the price of produce oil were hurting. There was a a small program; in other words, you oil. I heard a discussion from the dis- judgment made before my good friend would be talking about something with

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3651 a modest sum of money, and they said prices at the pump. We have record getting production going in this coun- they did not have enough auditors. profits people constantly read about, try are not ones that drain the Treas- Senators could work on a bipartisan and the CEOs get pensions. Some of the ury of billions and billions of dollars. basis and beef up the program. But it pensions the CEOs are getting come to The good ideas are the kinds of ideas was not an emergency because you sums that are greater than whole com- offered by the distinguished Senator were talking about a much smaller munities, as far as I can tell, in terms from Wyoming, Mr. THOMAS, who talks amount of money. We know the phrase of their pension relief. So citizens hear about getting more production out of a billion here, a billion there starts to about this sort of thing and want to existing wells. That is the kind of add up to real money. Everett Dirksen know what the Congress is doing to thing we ought to be doing to get a new talked about millions; now we are talk- straighten out the priorities. energy policy, a red, white, and blue ing about billions. What this is about, folks, is straight- energy policy that is patriotic. The point is, this is not a small pro- ening out the priorities. I don’t think Frankly, our energy policy does a gram. This is one of the biggest pro- the priorities ought to be to have a great disservice to those who honor us grams, $20 billion minimum. The Gen- minimum of $20 billion used for a roy- by wearing the uniform overseas. I eral Accounting Office says $20 billion alty relief program when the price of know the Senator from South Carolina minimum is involved. If the litigation oil is over $70 a barrel. The priorities has been a great advocate for those surrounding this program is successful, ought to be for the kinds of things the people. When I meet with folks in the it could approach the amount that distinguished Senator from Mississippi military, I say: You have honored us would pay for the entire emergency and his counterpart on the Democratic with your extraordinary service by supplemental program. That is pretty side have been working to get done. We wearing the uniform and putting your amazing. do have emergencies. We have emer- health and the well-being of your fam- One program subsidizing the compa- gencies we have to address. I want to ily on the line. I want to get a new en- nies with royalty relief—and no Sen- see it done. I will tell the Senate when ergy policy so it is less likely that your ator has come to the Senate over the we are subsidizing an amount that kid and your grandkid will be off in the last few hours to defend the operation could possibly come to the full cost of Middle East fighting another war of the program in its current form—one this supplemental, this cries out for where people are saying it is about oil. program can pick up the tab for most the Senate to step in. We owe it to those courageous people of the emergency supplemental. Yet we I am going to do everything I can do who honor our Nation by wearing the cannot get a vote up or down as part of and will continue to try to engage col- uniform to get them a fresh energy pol- any kind of practice that resembles leagues on both sides of the aisle so we icy from ideas such as those offered by what the Senator from South Carolina can do what is necessary to protect the Senator THOMAS. This program is not and this Senator have customarily seen public; that is, essentially reining in a one of them. in the Senate. program that has been driven by a I see one of my cosponsors of this leg- We have a discussion over a batch of small number of lobbyists. A small islation in the Chamber. I am ecstatic amendments. Usually a big batch of number of lobbyists for a small number he has arrived in the Chamber, and I amendments takes a reasonable period of companies has figured out how to yield to him under the unanimous con- of time. I have done this. The Senator make off with the bank. That is essen- sent agreement. from South Carolina has done it scores tially what has happened. We have a Mr. KYL. May I ask my colleague a and scores of times. Then the amend- program that very few know much couple of questions with the under- ment you offer is put into a package of about. standing he retains the floor? other amendments, and there is a vote When it hit the newspapers a few The PRESIDING OFFICER. Without at a time when Senators of both polit- months ago, Senators and others were objection, it is so ordered. ical parties have been notified and all up in arms. It is fair to say very few Mr. KYL. I compliment the Senator Members are aware of what is coming knew a great deal about how the pro- from Oregon for bringing this matter up in the Senate. We cannot do that. gram operated. Those headlines—‘‘Gen- to the attention of the Senate. It is my Somehow, we cannot do that. eral Accounting Office Says Minimum pleasure to cosponsor the amendment I see the distinguished chairman of of $20 Billion Will Be Lost’’—should with the Senator. I also compliment the committee, Senator COCHRAN, has have served as a wake-up call. the chairman of the Committee on Ap- returned. I have propounded a variety After we saw those news reports, Sen- propriations for his patience, his great of different questions to see if we could ators began writing letters, some of patience, and his willingness to work at some point do what is the cus- them bipartisan, saying to the Depart- with everyone and try to get this bill tomary practice in the Senate, which is ment of Interior: Give us the facts to a conclusion. at some point have a vote, at some about the program. They said: We have Let me first ask a couple of questions point that is convenient for all who read all these reports indicating what a to make sure everyone knows exactly want to offer their amendments. As far waste of money, what a colossal waste what we are talking about. It is my un- as I can tell, we are not having any dis- of money this is. Give us the facts. derstanding that back in 1995, the Con- cussions about how to do that. I have The Department of Interior has gress passed something called the not heard any discussions about others stonewalled Senators who are trying to Deepwater Royalty Relief Act designed who want to amend this in some way. get the facts about how the program to encourage the development of new We have, essentially, a one-sided dis- works. The Senators pointed out the sources of energy and that there were cussion. This side would very much discrepancies in the information fur- some mandatory provisions in that act like to see if we can move forward and nished. Senators pointed out there did that required the waiver of the pay- get about the business of the Senate. not seem to be people watching this ment of royalties from Federal land, I have outlined the key questions program and watchdogging it, but still from oil extracted from Federal land. about a program which is a classic ex- no response from the Department of In- The concept was we wanted to encour- ample of what happens when you do terior. age the production of more oil and gas not have the Government So we get to the point, it seems to on these Federal lands and the best watchdogging the taxpayers’ wallet. me, that somebody ought to come to way to do that would be to enable the The money does not fly out of the sky the Senate and describe how an indus- oil companies to keep the revenues and and land in Washington and all of a try that is finding profit everywhere it not pay the Government any royalties. sudden get used for one program or an- looks ought to be given more relief Is that your understanding of the origi- other. This is taxpayers’ hard-earned from the Federal taxpayer. That is nal concept of this legislation? money. what it comes down to. This industry is Mr. WYDEN. The Senator has We have a situation in South Caro- doing exceptionally well. Everyone un- summed it up very well. And at least lina, Oregon, and elsewhere where peo- derstands the importance of energy reduce royalties. ple are getting clobbered at the pump. production. We understand the impor- Mr. KYL. And then what happened They are all up in arms about the cost tance of seeing it produced in the was in the Energy bill we adopted, we of gasoline. We have these record United States. But the good ideas for thought, well, if it was a good enough

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3652 CONGRESSIONAL RECORD — SENATE April 27, 2006 idea then, even though these manda- measure, a great deal of this could be Mr. KYL. So, Mr. President, if I could tory provisions of the act expired in offset if we simply eliminate some of kind of summarize this point, it seems 2001, it would be a good idea to con- the costly taxpayer subsidies such as to me this amendment represents kind tinue them, but the administration at that which is the subject of this of a win-win situation in that we have that time, observing the fact that oil amendment, so that we are in total the opportunity now to save the Amer- prices were going up now, came to the agreement that we have to provide this ican taxpayers a lot of money—money conclusion that the extension of this funding for our military, and that one that is not necessary to stimulate the royalty relief was not necessary and, in way we can help to pay for it is for the production of oil and gas at this time fact, issued its statement of policy on taxpayers to not have to continue this because the price of oil is so high. But the Energy bill on June 14, 2005, saying subsidy, which by all accounts is to- it is also a win in the sense that the the President believes that additional tally unnecessary to produce addi- Senator from Oregon has drafted the taxpayer subsidies for oil and gas ex- tional oil and gas, at least at this time. legislation in such a way that should ploration are unwarranted in today’s Let me ask the Senator further, I we need that ability to stimulate pro- price environment and urges the Sen- don’t know what the crude oil price duction in the future—for example, ate to eliminate the Federal oil and gas was in June of last year when the should we be in a wartime situation subsidy and other exploration incen- President made his statement that this and the President determines we have tives contained in the bill. royalty was simply not necessary, but to do everything we can to produce So when the President made his it probably was somewhere in the more domestic oil—that the authority statement about whether we should ex- neighborhood of half of what it is exists and would continue to exist. The tend this mandatory royalty relief, he today. Maybe the Senator has an idea Senator from Oregon is not eliminating was saying at that time—this was in on that. But the estimates today, I that authority but noting that is one of June of 2005, not quite a year ago; the think—when I last looked at the mar- the protections in his amendment. prices were up but not nearly where ket—were about $72 a barrel. There- So it seems to me that either way we they are now—but even at that level he fore, if it is true the measure was not have protected the American taxpayer, was saying this provision is not nec- necessary a year ago, as lawyers say: a the American consumer, and, of course, essary to encourage more exploration. fortiori, it is not needed today. the American citizen in a time of war. Is that the Senator’s understanding? Does the Senator from Oregon have So it is a little hard to argue there Mr. WYDEN. The Senator is abso- any thoughts on that? could be a bad result from this since at lutely right. It is Congress that kept Mr. WYDEN. Again, I think the Sen- the time you might need this kind of ladling out this money and the Presi- ator has summed it up. The price of oil stimulus, it would be there or at least dent, to his credit, has been making has doubled in the last 5 years. The potentially would be there. the point that these subsidies are not Senator from Arizona asks about last Let me make another point and ask a needed. year. I think, again, speaking off the question. I happened to have been Mr. KYL. Might I ask further, the top of my head, it was somewhere in watching television the other night number that I have of the estimate of the middle sixties somewhere, the price late, and I believe it was the Discovery how much this is going to cost the of oil per barrel. But I think the bot- Channel, watching the drilling off of American taxpayer over the next 5 tom line is, the Senator from Arizona our coast down to the depths of—I have years is $7 billion. Does that number is correct, it is now well over $70 a bar- forgotten how many miles. It was in- comport with what the Senator from rel. And that is vastly higher than the credible. The people on the rigs were Oregon has? amount the President says would war- saying they never dreamed years ago Mr. WYDEN. The General Account- rant an incentive. they could do that, that they would be ing Office has said this program will Mr. KYL. Mr. President, let me ask able to do that. Certainly the Presiding cost, at a minimum, $20 billion. I am another question of the Senator from Officer, being from the State of Lou- looking at the headline of the news- Oregon. isiana, knows a lot more about this paper that ‘‘GAO Sees Loss in Oil Roy- Your amendment does not just wipe than I do. I was impressed with the alties of At Least $20 Billion,’’ but one out this provision that waives royalties ability of these people to explore, to of the calculations has been $7 billion. but, rather, allows for a situation, as I find the oil, and then to be able to drill Mr. KYL. Mr. President, $7 billion understand it, when the price drops to at such great lengths, and to be able to may be a very low estimate. Is $20 bil- a point where maybe some incentive is pull that oil out of the ground in a way lion over a 5-year period? necessary to provide for this produc- that, while very expensive, was still Mr. WYDEN. That is over 25 years. tion. It actually does not eliminate the profitable and could, therefore, con- And the cost, if the litigation that is possibility of that incentive. Is that tribute to the domestic oil production underway is successful, the evidence correct? Could the Senator explain in the United States. indicates that could add up to $80 bil- that? At a time when it does not appear it lion. The entire supplemental is $100 Mr. WYDEN. I am very grateful for is at all necessary to provide this kind billion, so depending on how this litiga- the Senator from Arizona getting into of royalty relief, it seems to me we tion turns out before too long, the this discussion because what I have ought to be taking our hat off to those amount of money involved could be tried to do is ensure we will have roy- who produce this kind of critical prod- close to the cost of the entire supple- alty relief when it is needed. Essen- uct in our society during a time of war. mental. tially one of two conditions would be My understanding, at least from Mr. KYL. Mr. President, I noted that met, and then you could have the roy- some folks I talked to, was that at the Senator said something earlier in alty relief resume. One is, as the Sen- least the companies that were asked his remarks that I thought was very ator from Arizona has said, the price of about this at the time said they did not important in the context of our consid- oil falls and you do need incentive. even need this royalty relief, that they eration of this supplemental appropria- The other, which, in effect, gives the could do this work, that the price of oil tion. We all agree we have to appro- President of the United States the last was such that they could pull it out of priate the funds not only for relief word, is a stipulation that allows the the ground. from the hurricane to States such as President, through the Secretary of the So like the Senator from Oregon, I that of the Presiding Officer, but also Interior, to say—if we need to prevent am a bit mystified about who the folks to ensure that everything our troops a disruption of supply; if the President were who came in, whether it was in need to conduct their activities in the determines we would have a disruption the dead of night or whenever, and ex- war against terror is provided to them of supply at this crucial time when our tended this in the Energy bill. I would and that the bulk of the money in the country is at war—then the President note this is one of the reasons I voted supplemental appropriations bill is of the United States can say: We will against the Energy bill, by the way. I going for that purpose, but that this is resume the Royalty Relief Program be- saw the President’s Statement of Pol- emergency spending we have not offset cause we need this incentive for pro- icy saying we don’t need this provision. in any other way. duction; it is my judgment that with- It was a mystery to me why it re- What the Senator from Oregon has out this Royalty Relief Program we mained. It was clear it was going to pointed out is that actually, in great would have a disruption in supply. cost a lot of money.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3653 The Senator from Oregon has now I think what we have spelled out, as policy sense for the country to begin to quantified how much that is. Again, a result of your thoughtful ques- put it into place in the future. When the estimate I have, over 5 years, is at tioning, is that when relief is needed— you need something like this, fine. But least a $7 billion cost to the taxpayers. either the prices are down or we have a when you do not need it, then don’t At a time when we are looking for rev- threat of disruption—not only are we saddle the taxpayers of the country enues to offset the cost of the war, it going to say we are for the producers, with an expenditure that simply takes seems to me to be a perfect oppor- we are going to back it up, and they money out of their pocket and is not tunity to achieve two good policy ob- will be in a position of being able to se- needed by the producers, who are going jectives: save some money for the cure that royalty relief support. to be producing the oil, in this case, in American taxpayer, avoid the bad pol- I am happy to yield to the Senator any event. icy of subsidizing something that does from Arizona for additional ques- Again, I thank the Senator from Or- not need to be subsidized, but retain tioning. egon. the ability to continue stimulating our Mr. KYL. I thank the Senator. Mr. WYDEN. I thank my friend from domestic production if and when we Mr. President, the Senator from Or- Arizona. need to have such a policy to do so. egon has made a very important point I would also say with respect to this So I commend the Senator from Or- I want to second; that is, at the time issue of relevance, not only would we egon for his work. I am very pleased to this was being debated, I recall the be able to save a significant chunk of cosponsor it. I hope through the proc- Senator for Oregon, in his comments, the tab for this overall emergency sup- esses of the Senate at some point we making the same points I made, which plemental, but the House, the other can get this matter to a vote. were that it is important for us to be body, at page 64 of their bill, talks spe- Again, the distinguished chairman of supportive of American industry being cifically about the Minerals Manage- the committee has left the floor mo- able to do the things we want it to do, ment Service. So we are already seeing mentarily, but I want to commend him but that since we are talking about some concern, at least on the part of for his patience in trying to work out taxpayer dollars, we need to be very the other body, that the Congress all of these things. I suspect somehow careful that if there is some kind of ought to be looking at this program. or other we are going to be able to sit support for industry, that it is very So it is my hope—and you were talk- down and work out a vote on this since well thought out, that it is not open ing about making sure there is an ef- it is pretty hard for me to see where ended, hopefully, it is not mandatory, fort to watchdog this program. Now is any opposition to this amendment that we retain enough flexibility, let’s when you watchdog it because the spig- could come from based upon the fine say, so when the conditions no longer ot is on, and it is gushing taxpayer arguments the Senator from Oregon warrant the support of a particular in- money. It is gushing taxpayer money has made. dustry we will no longer do that. at a time when the Government does So, again, I commend the Senator Now, all of us in this body can have not have it. And the Government’s lack from Oregon. I am very pleased to co- different ideas about when that is ap- of funds has forced the distinguished sponsor this and will work in every propriate. I happen not to be a big fan Senator from Mississippi to come and way I can to bring it to a vote so we of subsidies. Some others may like work on an emergency spending meas- can effect the policy. them a little bit more. But at least the ure because the Government does not Mr. WYDEN. Mr. President, before he Senator from Oregon and I have been have any money. leaves, I hope the Senator can stay a consistent for a long time wanting to So I think that highlights why this is bit longer as well because I so appre- know the facts about whether support so important. And, once again, well ciate his insight and input on this for a particular good cause was nec- into 3 hours of discussion on this, I issue. The Senator from Arizona has been essary with respect to the expenditure want to review for colleagues that we making these points ever since—in the of taxpayer dollars. If it was necessary have not been able to work out an ar- Finance Committee and in the Energy for the national good during a time of rangement to get a chance to vote on Committee we were talking about this war, for example, then I think the con- this as part of a batch of amendments. legislation. And you and I and others sensus is there to always do it. But No Senator has come to the floor to said: Let’s think through now how to what we said is: Is it necessary at this speak against this amendment. No Sen- use scarce taxpayer resources wisely. time? We were talking about a situa- ator, neither political party, has said Let’s take out a sharp pencil and say tion where oil was at least $10 a barrel this amendment is off base. there are going to be some areas that cheaper than it is today. Even the What we just heard from the distin- you set aside, and there are going to be President was saying at that time: guished Senator from Arizona, who sits some areas you promote. This particular subsidy is not nec- on both the Finance Committee and I have been talking about Senator essary. the Energy Committee, is that we need THOMAS’s efforts at some length here So it seems to me that colleagues this. We need this to make sure we today because I think Senator THOMAS who may have supported the bill at the watchdog the use of taxpayer dollars. gets it in terms of what we ought to be time would have no reason not to sup- This program worked in the 1990s. looking at as far as our long-term port our amendment here because this It boosted oil production substan- needs in terms of production. is a very specific and differentiated tially. We were all glad to see it. But The Senator from Arizona said we item. It is not the entire Energy bill; it the fact is, the President says we can should be taking our hat off to people is one very specific little provision. It get the production now without these who produce energy. I certainly second is a provision that will save us a lot of kinds of subsidies when the price of oil that. And I am glad the Senator has money if we can get it amended the is over $70 a barrel. I am hopeful we done that. I want to say I think what way we are talking about doing. And can continue to work—I see the chair- we are trying to do in our amend- its relevance to this supplemental ap- man of the full committee, Senator ment—and you and I and Senator LIE- propriations bill—whatever the ger- COCHRAN, here to get it worked out—so BERMAN in particular—is we are saying maneness provision is—its relevance is that we could do what is customary in not only do we want to be supportive very clear. the Senate, and that is make this verbally of what people are doing to It would be nice if we could offset amendment part of a batch of amend- produce energy in our country, but we some of the spending we are going to ments. want to say, as we have outlined in the have to engage in here to support our I do want the Senate to know a little royalty relief amendment we are talk- troops with real savings. This is an bit about the payment terms of this ing about here, is they can get royalty area where we can achieve real savings program and how this program works relief when it is needed. In other words, because the royalty is simply not need- in terms of royalties and rentals. I will this is not a bunch of verbiage where ed at this time for the purpose that it read a little bit from a Congressional people come over to the floor of the was originally put in the legislation. Research Service report that describes Senate and say: Oh, maybe you will be So this would be consistent with the it. The leases are conditioned upon able to do this; maybe you will be able policy we have talked about for a long payment to the Government of a roy- to do that. time. And I think it makes very good alty of at least 12.5 percent in amount

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3654 CONGRESSIONAL RECORD — SENATE April 27, 2006 or value of oil or gas production that is ergy Assistance Program. That is a Energy bill, that somehow this pro- removed or sold from the leased land. program about which many Senators gram wasn’t going to cost taxpayers Leases subject to rates in effect after have been concerned. Think about any money. Folks said that with a December 22, 1987, generally pay a 12.5- what we could do for the Low Income straight face. They said: No, it is not percent royalty, but this percentage Home Energy Assistance Program if we going to cost people any money. We are can increase if a lease is canceled be- reconfigured the Royalty Relief Pro- going to have to figure out a way to cause of late payments and then rein- gram to one essentially based on need, deal with this issue. stated. The Secretary of Interior also with prices going down, or supply dis- They said: It is not going to cost peo- has the power to reduce the oil royalty ruption being the only factors in mak- ple any money. That statement was on a noncompetitive lease if it is ing a decision about whether to have made by some of the supporters of the deemed to be equitable to do so. the royalty relief. program back in 1995. They said in 1995 Once again, we are talking about We could have plenty of money left this would produce revenue for tax- very favorable terms for the compa- over for deficit reduction, even after payers, and they were concerned that nies. We are talking about noncompeti- helping the Low Income Home Energy people were somehow saying otherwise. tive leases. We are talking about some- Assistance Program. The reality is, this has not been a no- thing I don’t think anybody sees in the The Senator from Mississippi has a cost program. This has been a pricing private sector in Mississippi or Lou- bill that has a number of provisions in program. This is a program that is isiana or Oregon, but yet that is the it I strongly support. But budgets are going to cost the taxpayers billions and way we do business in this particular about choices. As a Senator, I cannot billions of dollars. It is the biggest of program. explain to the people of my State how the programs. I am still struck by the The Congressional Research Service a program like this is going to be run discussion that we had with Senator goes on to say: For oil and gas leases, like business as usual. When billions of NELSON earlier. Senator NELSON was the royalty must be paid in value un- dollars are shoveled out the door, when concerned about a program that cost a less the Department of the Interior independent audits continually site the billion dollars. That is a lot of money specifies that a royalty payment in lack of controls, when the companies to taxpayers, a billion-dollar subsidy. kind is required. Once the royalty has that look to this program give one set Here we are talking about a program been paid, the Secretary is required to of facts to one agency and another set that could go to $80 billion. Senator sell any royalty or gas except when- of facts to another agency, that is un- COCHRAN’s supplemental comes in, I be- ever, in their judgment, it is desirable acceptable. That is what I want to lieve, in the vicinity of $100 billion. De- to retain the same for the use of the change. I guess we will be here on the pending on how the litigation plays United States. floor of the Senate a while in order to out, the amount of money involved That is the heart and soul of how this try and get it worked out. comes to an amount equal to what will program works. The Secretary is given I am reading again from news re- be spent in this emergency supple- this extraordinary waiver authority to ports. The General Accounting Office mental. suspend or reduce rentals and royalties has said that the best case for the This is a subsidy that is more than a under certain conditions. Unfortu- amount of money that would be lost to dubious use of taxpayer resources. This nately, we have seen some problems in the American taxpayer is $20 billion. is a subsidy for which there is no log- terms of the Secretary using that dis- The press has already reported that ical argument at all. We are not seeing cretion. That is one of the reasons I this would involve an instance where low prices. We are not seeing an invest- have come to the floor and raised this energy prices are over what is called ment climate with ominous signs over concern. the so-called threshold in the years it—quite the opposite. We are seeing an Senators know who is getting the ahead. The companies that have sought investment climate in energy that is profits. I have tried to talk about the this have won a huge victory at tax- certainly promising. If we look at trifecta: The profits that are being payers expense. They have won legal stocks and profits and the like, energy made, the mandatory spending that victories in the past. All the more rea- prices have been very high. We are not goes out the door in terms of this pro- son for Congress to step in and estab- talking about crude oil selling for $16 a gram. Then we have the granddaddy of lish some accountability and ground barrel. Back in 1995, that is what they them all, the question of royalty relief. rules. There are prospects that if they were talking about. They were talking What it really comes down to is the win their next lawsuit, we could be about crude oil selling for $16 a barrel. Senate’s saying, after years of deci- spending another $50 or $60 billion over Let’s think about that. In 1995, when sions being made about this program the years ahead on top of the most op- this program was originated, when behind closed doors, we are actually timistic projection for the cost of the there was a discussion about how to going to have a debate about this and program, which would be $20 billion. proceed and move ahead, the price was at some point work out a way to take We are talking about big sums of $16. Now we have prices at over $70 a a vote on it. I don’t think that is an money. barrel. How can one argue that a pro- unreasonable position. I would like to read from a report gram that was conceived at a time This is a program that is out of con- that shows how conservative these when we were talking about prices of trol. This is a program that ensures numbers are. The New York Times under $20 a barrel is needed when the that billions of subsidy dollars will fly said, in an analysis of this program, price of oil is over $70 a barrel? That is out the door, even when the President that the General Accounting Office what we are dealing with here, and says it is not necessary. The price of based its estimate on the assumption that is why I and others want to rein in oil is $70 a barrel plus right now. The that crude oil would sell for about $45 this program. President said hold the line on the sub- a barrel, a level well below what was To furnish all of this royalty relief sidies when it is over $50 a barrel. The then the $66 cost in the futures market. on top of the record profits and on top Royalty Relief Program holds no lines. So these are very conservative projec- of the record cost, I don’t get. I don’t Essentially, the Royalty Relief Pro- tions. I am concerned that with the get how, when you have the industry gram is a wish list for a handful of very General Accounting Office lowballing prospering as it is today, and tax- powerful interests who have figured the cost of the program, the tab to the payers, particularly the middle class, out how, behind closed doors, to have taxpayers will be much greater than feeling the crunch, how do you make their way with the program. This is the anyone has envisioned. the argument that you ought to use sweetest of the sweetheart deals. It I hope Senators will want at some taxpayer dollars this way? needs to change. I would like to see a point to come to the floor and see if we I have introduced tax reform legisla- Senator come to the floor and defend can work out a way to vote, look at tion targeted to the middle class. The the Royalty Relief Program as it is further suggestions and revisions. If reason I have is that the middle class presently constituted. This involves they don’t, we will have to stay at it today is being squeezed as we have billions and billions of dollars. and continue to talk about this issue. never before seen. Certainly, we have For example, think about what we I want to address one of the issues not seen it in the last 50 years. For the could do for the Low Income Home En- that came up in the discussion over the last 50 years, when corporate profits

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3655 have gone up, when you have seen in- to continue as it is, or whether the lost to this particular program, and if creases in productivity, the middle Senate is willing, as I am proposing, to the litigation is successful, it will be class has benefited. We have seen them try to change it and make sure that in- $80 billion. enjoy the fruits of expanded profits and stead of special interests and lobbyists So, again, this is going to come down productivity. We are not seeing that being able to hotwire this whole pro- to choices. I like the kinds of choices today. gram behind closed doors and talk to the distinguished Senator from Wash- The middle-class folks from Mis- people at the Department of Energy, ington, Senator MURRAY, has been sissippi, Louisiana, and Oregon are get- that we stand up for the public. It is all talking about. I think she said we ting shellacked. This bill cannot do ev- about choices. ought to focus on middle-class folks, erything that is needed for the middle At a unique time in our country’s we ought to focus on infrastructure, we class, certainly, but it seems to me history, when we are seeing an extraor- ought to focus on a handful of choices what we can say is the middle-class dinary economic transformation, when in a difficult budgetary climate. But it person should not see their tax dollars the people of Louisiana, Oregon, and is not going to be possible to have the used for a program such as this that is Mississippi are not just competing resources the distinguished Senator totally out of control. I wish to see against somebody down the road and from Washington has been talking middle-class folks get a break. When I we are competing against tough global about if you continue to throw money have my community meetings at markets—those in China and India—I out the door in a wasteful fashion. home—and, like other Senators, I get want to see us change our priorities. I That is what it is all about. This is not very complicated. It has to every part of the State—I have these want to see us pay for this legislation been documented. How the Senate can open meetings and folks can come in. responsibly. essentially stiff the General Account- Almost always the second word is Senator COCHRAN has a bill that in ing Office on its recommendations to ‘‘bill.’’ First, it is medical bill, and many respects, I believe, makes a lot of get some controls on this program is then gas bill, then home heating bill, sense. I am anxious to go forward with beyond me. I guess that is still what then mortgage bill, then tax bill. The his legislation and see, on a bipartisan some wish to do. But I am going to do middle-class folks cannot keep up. basis, how we can deal with the emer- everything I can to prevent it. This So if the Senate keeps this program gency needs of our country. What I am program, as Senator Bennett Johnston going in its current form, as opposed to not willing to do, however, is to look said some time ago, is not what was in- what I am trying to do, which is to re- the other way on this program any tended. Those are not my words. Those configure it, target it to where it is longer. I am not willing to do it. We are not the words of Senator KYL or needed, what will happen when Sen- may have a vote at some point. Maybe Senator LIEBERMAN, my cosponsors of ators go home and middle-class people I will prevail and maybe I will not. this particular effort. Those are the ask them about what is being done? In When I talked to Senator COCHRAN this words of the author of the legislation, effect, what is happening is that tax morning, we were talking about the who hails from the same State as the dollars from middle-class people, at a way the Senate works. The Senator distinguished Senator in the chair. So from Mississippi has always been very time when they need a break and some with the author of the program saying fair in the past. He said: Look, the Sen- relief—they would have to say that es- it wasn’t intended, with people all ate debates and then the Senate has, sentially they go into the coffers of the across the political spectrum saying through its customs and rules, a way to Government and then out they go in you don’t need royalty relief in this ensure that the Senate takes a posi- terms of billions of dollars of royalty particular climate, I wish to see the tion. That is all I am asking. I am ask- relief, when the President of the United Senate take a position up or down as to ing that the Senate do what it custom- States says it is not necessary. That whether this kind of royalty relief is arily does. What we do, as far as I can doesn’t make any sense. needed. This is essentially a debate about pri- tell, practically every single week we If the Senate doesn’t, it seems to me orities. What I think we ought to be are in session—almost every week I what the Senate is saying is we will do doing, especially on this middle-class have been here, we deal with a variety business as usual, in terms of all of issue, where people making $40,000, of issues that come up from Senators these subsidies. In other words, we talk $50,000, $60,000, or $70,000 have been hit in the form of amendments. The a lot about tax breaks and the like and so hard and they are living payday to amendments are debated and then the what we might be doing on some of payday—that is how middle-class folks Senators have an opportunity to have them. This is the biggest subsidy. This get by. They get their paycheck and the Senate go on record on their par- is No. 1. This is the one that counts if they use it until the next one comes ticular amendment as a part of a group we are serious about all of the speeches along. The Federal Reserve said not of measures that are considered. That that are given about cutting back long ago that middle-class people have is not what is going on here. I am curi- needless subsidies to the oil sector. seen virtually no increase in their net ous why. Senator NELSON summed it up very worth over the last 5 years. I wish we would hear from some who well. He was concerned about spending Whose side is the Senate on? Are we possibly oppose the legislation why we a billion dollars in terms of a subsidy on the side of those who want to keep cannot do what is done virtually every program that was ill-advised. I think milking this Royalty Relief Program, week in the Senate, which is to have a Senator NELSON is on track, and I am at a time when it is not needed, at a debate, have a discussion, and then the anxious to find out more about the pro- time when we are seeing record profits Senate makes a judgment on whether a gram he is concerned about. But that is and record costs or are we on the side particular amendment or effort is mer- a tiny fraction of what is at issue. of middle-class folks? I want to be on itorious. So I think if the Senate is concerned the side of middle-class folks. I want to I see the distinguished Senator from about changing our energy policy, at a better protect the use of their tax dol- Washington, who is such a wonderful time of record profits, at a time of lars. This is the most flagrant waste of advocate for the Pacific Northwest. record prices, it cannot duck the big tax dollars I have seen in a long time. She has done extraordinary work, par- ticket items. You cannot say you are That is why no Senator comes to the ticularly on infrastructure, on port se- serious about using taxpayer money floor of this body to defend it. curity, on making sure we have good more prudently and then pass on the This is such an exorbitant expendi- investments in transportation. You programs such as this one at the Min- ture. This is such a waste of taxpayer cannot have big league quality of life erals Management Office that count. In dollars that no Member of the Senate with a little league transportation sys- particular, you should not duck them wants to come to this floor and defend tem. So what we find is when the Sen- when all of the evidence indicates that the way this program is now being run. ator from Washington wants to see the historical rationale for starting That is what it comes down to. Nobody scarce dollars go into infrastructure this program in the 1990s, with low wants to defend it, but somehow we and into port security, and a number of prices and a need to boost production, cannot work out a way to get a vote the valuable areas she has been advo- isn’t present any longer. and to actually see where the Senate cating, we cannot do that because a I see colleagues on the floor. I see my stands on whether this program ought minimum of $20 billion is going to be friend from Colorado, Senator

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3656 CONGRESSIONAL RECORD — SENATE April 27, 2006 SALAZAR. He did extraordinary work in The Senator from Washington. Mrs. MURRAY. Mr. President, I say what was called, I think, the Gang of Mrs. MURRAY. Mr. President, I ask to my colleague that I think the at- 14, I believe, in terms of getting the unanimous consent that the Senator tempt here is that the Senator from Senate to come together on some judi- from Colorado be allowed to call up his Colorado simply would like a few min- cial nominations. Perhaps he can work amendment and offer it, and at the end utes on the floor this afternoon to offer his great talent into finding a way for of that time, to immediately return his amendment. I don’t think he is try- us to move ahead now. Senator MUR- the floor to the Senator from Oregon. ing to supersede the order of any other RAY is also one who is no weak soul in Mr. WYDEN. Reserving the right to amendments. The pending business of terms of parliamentary procedure. I see object, Mr. President. the Senate is the Wyden amendment, two good friends on the floor. The PRESIDING OFFICER. The Sen- so the intent of the Senator from Colo- ator is recognized. I am happy to yield to my friend rado is simply to have a few minutes Mr. WYDEN. I am only stating this under the unanimous consent agree- on the floor to offer his amendment. He ment. reservation to be able to propound a The PRESIDING OFFICER. The Sen- parliamentary inquiry of the Chair. If has been here numerous times through- ator from Colorado is recognized. the unanimous consent request is pro- out the day simply asking for that Mr. SALAZAR. Mr. President, I pounded exactly as the distinguished time, and then we will return to the thank my friend from Oregon for yield- Senator from Washington has so stat- current order of the Senate. ing a few minutes to give him a break ed, would it be possible for the Senator Mr. COCHRAN. Reserving the right so he can take a drink of water and from Colorado to offer his amendment to object. continue his dialog. He raises a very and then the Senate would automati- The PRESIDING OFFICER. The Sen- important point in the argument he cally return to consideration of my ator from Mississippi. has been advancing for the last several amendment? hours. I very much respect his passion The PRESIDING OFFICER. As the Mr. COCHRAN. If that is a unani- on the issue. Chair understands it, the pending mous consent request, I reserve the I request of my friend from Oregon to unanimous consent request would re- right to object to it and make a further enter into a consent to allow at least turn control of the floor to the Senator observation. By this procedure, if the my amendment to move forward, and from Oregon but does not specifically unanimous consent requests—plural perhaps two or three others of col- address the issue of whether his amend- now—are approved, no other Senator leagues who have been waiting in the ment will be the pending amendment. has a right to offer an amendment even wings, with the understanding that Mr. WYDEN. Mr. President, I ask the to the amendment offered by the Sen- upon the offering of those amendments, Senator from Washington to modify ator from Oregon. No one has the right then the floor would return to him. her unanimous consent request so that to move to table the amendment of the Mr. WYDEN. Parliamentary inquiry, at the conclusion of Senator SALAZAR’s Senator from Oregon which establishes Mr. President: I am very anxious to ac- offering his amendment, not only his amendment by the request in a po- commodate the distinguished Senator would I be recognized but that we sition that no other Senator has a from Colorado. I will tell colleagues I would again be dealing with my spe- right to expect. am vastly more interested in accom- cific amendment so I would not lose modating my colleague than anyone the opportunity to come back to my Everybody is governed by the same can imagine at this point. But my un- amendment which is before the Senate rules, but in this instance, the Senator derstanding, and I need to have this after Senator SALAZAR has completed. from Oregon is trying to construct a clarified by the Chair, is that if I were So it would require a unanimous con- situation where he is not under the to do what the distinguished Senator sent modification. same rules. His rule is that he is enti- from Colorado has asked, I would lose Mrs. MURRAY. Mr. President, I so tled to an up-or-down vote without any my opportunity to automatically come modify my unanimous consent request further amendment, without there back to the floor; is that a correct in- that the Senator from Colorado be al- being an opportunity to move to table terpretation? lowed to offer his amendment, and then by any Senator in the Senate. That is Mr. President, I hope it is not be- at the conclusion of his offering that inappropriate. cause I would love to do exactly what amendment, he would set it aside, and That is a modification of the rules the Senator from Colorado has asked. we would return to the pending amend- The PRESIDING OFFICER. It is the without discussion of it and is a bad ment, which is the Wyden amendment, Chair’s understanding that would de- precedent to set. He is governed by the with the floor being under the control pend entirely upon the exact terms of same rules as all Senators are. We of Senator WYDEN. should not make any exception in that. the unanimous consent request and The PRESIDING OFFICER. Is there that a unanimous consent request There has been no cause shown for objection? that. I object. could be so structured to avoid what The Senator from Mississippi. the Senator is talking about. Mr. COCHRAN. Mr. President, reserv- The PRESIDING OFFICER. Objec- Mr. WYDEN. That is probably one of ing the right to object, it is my under- tion is heard. the most encouraging things I have standing of the unanimous consent re- The Senator from Oregon has the heard in hours. quest that this would give the distin- Mrs. MURRAY. Will the Senator floor. guished Senator from Oregon the right from Oregon yield? Mr. WYDEN. Mr. President, I very to have his amendment the pending Mr. WYDEN. If I can respond, just to much regret the action of the distin- business after disposition of the ensure that we are absolutely correct guished Chair of the committee be- amendment of the Senator from Colo- on this point, what I would like to do— cause I am extremely interested in rado. If that is correct, my conclusion and, hopefully, we can work it out in a having the Senator from Colorado be is that we are placing in the hands of matter of minutes—— able to offer his amendment, and I one Senator by this action a decision Mrs. MURRAY. If the Senator from thought that what the Senator from as to what the order of business is of Oregon will yield for a unanimous con- Washington did was very constructive. sent request, Mr. President. the Senate, the order in which amend- The PRESIDING OFFICER. Does the ments can be considered, specifically I repeat, this Senator seeks no spe- Senator from Oregon so yield? these two, and that they have priority cial treatment. I have been trying Mrs. MURRAY. I ask the Senator to over any other motion or action that since last night, when Senators went yield without losing his right to the could be taken by any other Senator home and I came to the floor to offer floor immediately after—— under the rules of the Senate. Under it, to do something that goes on in the Mr. WYDEN. Without losing my that assumption, I am obliged to ob- Senate every single week. I know of no right to the floor immediately after ject. week since I have been in the Senate the question; of course, I yield. The PRESIDING OFFICER. Objec- when the Senate has not done what it The PRESIDING OFFICER. Is there tion is heard. is that I hope to work out very quickly objection? Without objection, it is so The Senator from Washington is rec- so that Senator SALAZAR can offer his ordered. ognized. amendment.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3657 We have debates—mine, Senator Ever since 9:30—and now I guess we the Senate always does, and that is to SALAZAR, and others—and then the var- are about at 2 o’clock—that has been have amendments considered, have ious amendments are clustered to- my interest. It will continue to be my them put in to a batch, and voted. So gether so that at some point the Sen- interest. I simply want to say, because I do have ate goes on record. I haven’t asked for The Senator from Colorado says I the highest regard for the Senator from anything other than that. ought to have an opportunity to take a Mississippi, that I agree with the vast The Senator from Mississippi has breath. I will tell him, I wish it was amount of what he has said, but I do talked about various issues I have not more than one. take exception to the part where I addressed in any way. What I have said Mr. COCHRAN. Mr. President, will asked to be put ahead of other Sen- is, I would like to see the Senate do the Senator yield for a response since ators. I said I am open to working this with my amendment what the Senate he referred to his conversation with out in any way. Frankly, I don’t really does every single week the Senate is in this Senator this morning? care whether it is even in the first session, which is to bring together a Mr. WYDEN. Without losing, again, batch of votes that the Senate would group of amendments. That is all I am my place, of course. take. If we can work it out so it is in asking for and still hope to work out. The PRESIDING OFFICER. Without the second batch of votes, fine by me as I yield to the Senator from Colorado objection, it is so ordered. well. for the purposes of his question. Mr. COCHRAN. Mr. President, the I see now we have the Senator from The PRESIDING OFFICER. The Sen- Senator is correct. The Senator did call New Mexico here who knows more ator from Colorado. me, as he said, and asked if he could about this program than anybody else, Mr. SALAZAR. Mr. President, I get a vote on his amendment, be recog- frankly, on the planet. I am glad he is thank my friend from Oregon. I ask nized to debate his amendment. I said I here, and I hope we can have a discus- him the question as to whether a short am not in the business of picking out sion about this, because I have been period of discussion, perhaps between which Senator can speak first. This is troubled by the fact that we are not the Senator from Oregon and the dis- the Senate. The first Senator who rises having debate about it, and maybe the tinguished chairman from Mississippi when we go in today and says ‘‘Mr. presence of the Senator from New Mex- and the distinguished Senator from President’’ gets recognition and can ico will get us to the point where we Washington may allow us to work out talk about anything that Senator some kind of procedural framework can get to a vote. wants to talk about, for as long as he Senator KYL and I both serve on the where not only the amendment that I or she wants to talk about it, and can committee. Like you, Senator COCH- am proposing to offer is able to be of- offer any amendment to any pending RAN, Senator DOMENICI is very fair. He fered, but in addition to that, Senator amendment, can have the attention of and I have disagreed on loads of issues. MENENDEZ, who has been here waiting the Senate. But that is not my prerog- When I think of Senator DOMENICI, I al- several hours to offer an amendment, ative, it is the Presiding Officer’s pre- might offer his amendment, as well as ways think of fairness—always. That is rogative to recognize Senators. several of my colleagues who are here, what I am interested in, having become I told him I wished him well with his a part of all of this. To me, fairness— including Senator CONRAD and earlier amendment in terms of getting rec- fairness—is when the Senate has a de- Senator BYRD. The suggestion I am making to my ognition, offering it, and talking about bate, and we have had that now for friend from Oregon is if we take a it and proceeding. Go ahead, you don’t many hours, and amendments are breath, we might be able to get perhaps have to get my permission. pulled together in a cluster, and I am That was pretty well the extent of three or four amendments offered on open to being part of the first cluster the Democratic side and three or four the conversation. The fact is that there or the second cluster. And maybe there amendments offered on the Republican are 21 pending amendments that come are other ways to work this out. I side, allowing the Senator from Oregon ahead of the Senator’s amendment. would have been very pleased to have to return back to his amendment as There are 21 in all; 20 come ahead of done what Senator SALAZAR and Sen- the pending business of the Senate. the Senator. His is the last one that ator MURRAY are talking about. Mr. WYDEN. Mr. President, I say to has been presented to the Senate. Would the Senator from New Mexico my friend, I wouldn’t just like to take I can read the list. We have had some like me to yield to him for a question? a breath, I would like to take multiple that have been adopted, some that I yield to the Senator, again, under the breaths at this point. Unfortunately, have failed, and some that are still unanimous consent agreement. what we have been told by the Chair is pending without action by the Senate. The PRESIDING OFFICER. Without that it is not possible to work out some Those Senators have a right to have objection, it is so ordered. kind of format so that at some point, their amendments considered. So he is Mr. DOMENICI. Mr. President, I as part of a batch of amendments, mine asking that we put his amendment to thank the Senator for the kind words. could be considered. the top of the list from 21 to 1 and that I think we are wearing the patience of As to the question the Senator asked no amendment can be offered to his the chairman thin, so we ought to get about working with the distinguished amendment and that it can’t be tabled on with doing what we can. I want to Chair of the committee, I will tell you on a motion of another Senator. That ask the Senator—I want him to take that half an hour before the Senate is not fair to all the other Senators. this fairly and squarely, and when I am came in, I called the distinguished That is not fair to the Senate. That is finished, if you don’t believe what I am Chair of the committee, and I asked why I am unable to agree to give him saying, then I would like very much for that we do exactly what the Senator those rights. you to have your staff go take a look from Colorado said. In other words, I The PRESIDING OFFICER. The Sen- to see if I am right or not. was concerned about just this scenario. ator from Oregon is recognized. First of all, Senator, I think you And so about 9:30 or so, I called the dis- Mr. WYDEN. Mr. President, if I can made a mistake with your amendment. tinguished chair of the committee, reclaim my time, the Senator from I think the amendment is wrong in Senator COCHRAN, and said: I am will- Mississippi is a person of enormous in- that under current law—and what the ing to do somersaults to work this out tegrity. I agree with the vast majority Secretary has done under current law— so as to be fair to all Senators because of what the Senator has said with re- the oil companies will pay more royal- having watched this program grow and spect to our conversation. The only ties than they are going to pay under grow behind closed doors, and watch part I take exception to is I did not ask your amendment. You set a threshold, this sugar-ladened program get sweeter to be put to the head of the line. I have for instance, on oil of $55, if I read your and sweeter over the years, I have seen never asked to be put to the head of amendment correctly. Your staff is all the big decisions made behind the line. I told my friend from Mis- there and they can confirm this: $55. closed doors. So fearing exactly what sissippi that I had offered the amend- The Secretary has already established the Senator from Colorado has talked ment last night, so it was the pending the threshold for oil at $36. So the dif- about, I called the chair of the com- business, and I said, fearing exactly ference is that at $34, they start—that mittee at 9:30 in an effort to try to what we have seen, that I was open to is the break point, and you have made work this out. just about any possible way to do what a mistake in taking it all the way up

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3658 CONGRESSIONAL RECORD — SENATE April 27, 2006 to $55. It shouldn’t be $55 when it is ments and we would agree to what Mr. WYDEN. Mr. President, I want to much lower. It means that the oil com- those six amendments would be, would again highlight that this Senator very panies are going to pay much more at then the chairman of the committee much wants to accommodate the Sen- a much lower level of the price under object to us moving forward with that ator from Colorado and to do exactly existing law than under your amend- kind of a unanimous consent agree- what he is talking about—what I want- ment. ment, understanding that we would be ed to do hours and hours ago, but the So your amendment should not be returning to the amendment of the chair of the committee is the one who adopted. I want to be fair, but I just Senator from Oregon at the end of has objected. I called the chair a half want to tell you it shouldn’t. that? an hour before we went into session, Mr. WYDEN. Is the Senator asking a The PRESIDING OFFICER. Does the knowing that we were really looking at question? Senator propose that as a unanimous the prospects of this kind of gridlock Mr. DOMENICI. I will ask: Do you consent agreement? because I know the decisions about this know that? I started off by asking if Mr. SALAZAR. I do propose that as a multibillion-dollar boondoggle have al- you know that. unanimous consent agreement. ways been made behind closed doors. Mr. WYDEN. I do. And in response Mr. WYDEN. Reserving my right to When I offered this amendment last specifically to the Senator, nothing in object, Mr. President. night, and it was pending when he the amendment says that threshold The PRESIDING OFFICER. The Sen- came in this morning, I knew there was couldn’t be lower. Of course, the ator from Oregon. the potential for this. I called the Sen- threshold should be addressed in a re- Mr. WYDEN. Mr. President, again, ator from Mississippi a half an hour be- sponsible way. All we are saying is that wanting very much to accommodate fore we went into session this morning we are not going to shovel taxpayer the Senator from Colorado, could the in an effort to try to work out what is Chair clarify that if we did what the money out when it is over $55 a barrel. done in the Senate all the time. Senator from Colorado is talking about But nothing in my amendment says I see Senator DODD here who is our exactly as he has so stated, that after the threshold couldn’t be lower, and leader on the Rules Committee and that group of amendments, I believe it that is why it better targets the re- knows vastly more about this than I. was six that the Senator from Colorado sources and would do something about But what I tried to say is let’s do what talked about, we would return to the it. is done in the Senate every single amendment that I am offering being Again, the General Accounting Office week. You consider a big batch of the pending business of the Senate? is not some group with a political ax to amendments, and at some point after The PRESIDING OFFICER. Under both sides have been noticed, then you grind; it is the Government Account- the proposed unanimous consent agree- ability Office, the people we hire as our go to a vote. You go to a vote so that ment of the Senator from Colorado, both sides are aware of what is going auditors who have been talking about after the six amendments are read from all the waste in this program. on. the desk and briefly discussed, the I have also offered here that I As the distinguished chair of the Wyden amendment would remain the committee knows because he has seen wouldn’t even be in the first cluster of pending amendment and the Senator amendments that were considered. So the letter from the Senators, this pro- from Oregon would have the floor. gram is so riddled—so riddled—with that, again, even though my amend- The Senator from Mississippi. ment was pending last night, when we questionable issues, the companies Mr. COCHRAN. Reserving the right don’t even give the same facts to the came in, we could have colleagues get to object, Mr. President, as I under- the first votes. Colleagues would get government. They say one thing to the stand the Senator’s request, this would Securities and Exchange Commission the first votes before my amendment. prevent the Senator from New Mexico But what I am forced to conclude, and and say another thing to the Depart- from offering an amendment to the ment of the Interior, and the Depart- why I am going to stay here and try to amendment offered by the Senator stand up for taxpayers, is that vir- ment of the Interior people say: Well, from Oregon. It would also prevent re- tually nothing is acceptable other than we don’t know what to make of it. turning to the first amendments that what we saw in the Energy Conference So I am very glad the Senator is on were offered and that are the pending the floor, and if the Senator would be agreement where oil royalty relief got business of the Senate; specifically, sweeter for a handful of companies, willing to work with me, I am inter- amendments offered by the Senator after midnight, in the middle of the ested in trying to do what Senator KYL from Oklahoma, Mr. COBURN. night, with no accountability. and I and Senator LIEBERMAN have I understand that he would like to This is a program with a minimum been working on with this bipartisan have his amendments considered and cost of $20 billion. If the litigation in- amendment. But in response to the voted on in the regular order in which volving this program is successful, the particular point made by the chairman they were filed by the Senate. An alter- tab for this program will be $80 billion. of the committee, nothing in this native to the proposal of the Senator That is virtually the amount we are amendment says that the threshold from Colorado is to go to the regular talking about in terms of emergency couldn’t be lower, and obviously it order. But as long as the Senator from spending. needs to be. Oregon has the floor, if he doesn’t ask So the Senate is looking at the bi- I think now the Senator from Colo- for the regular order, no other Senator zarre situation of having an emergency rado is next, and I yield to him. can, as I understand it, because we supplemental because the Government The PRESIDING OFFICER. Without don’t have the floor for that purpose. doesn’t have the money. Yet even objection, it is so ordered. So, again, what the Senator from Or- though we have an emergency supple- Mr. SALAZAR. I thank the Chair, egon is trying to do is to design a situ- mental, we are sending out the door and I thank my colleague from Oregon. ation that benefits him, puts him in billions and billions of dollars that the I would like to ask a question of my priority over all the Senators who have General Accounting Office has deemed friend from Oregon and a question of amendments pending, and provides wasteful. I don’t think that makes the Senator from Mississippi, Mr. that he will get an up-or-down vote on sense. COCHRAN. If we can find an agreement his amendment; that it won’t be sub- I am willing, again, to yield to my that will allow three amendments from ject to any amendment, that it can’t be friend from Colorado. the Democratic side and three amend- tabled. That is not fair. I can’t agree to The PRESIDING OFFICER. The Sen- ments from the Republican side, and that. So I am compelled to object. ator from Colorado. then at the end of those six amend- The PRESIDING OFFICER. Objec- Mr. SALAZAR. Mr. President, I ments being sent to the desk, returning tion is heard. To clarify, the Chair thank my colleague from Oregon for back to your amendment as the pend- would note that the unanimous con- yielding, once again. I would like to ing business of the Senate, is that sent agreement proposed by the Sen- ask a question of the Senator from something that the chairman of the ator from Colorado does not address in Mississippi, if I may. committee would object to? If we were any way votes on any amendments. The PRESIDING OFFICER. Is there to offer a unanimous consent agree- The objection is heard. The Senator objection? Without objection, it is so ment with respect to those six amend- from Oregon. ordered.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3659 Mr. SALAZAR. To my friend from tom is that you have these debates, has said nothing like what we have Mississippi, the unanimous consent re- you have these discussions, and at seen was what he intended. quest that I made earlier would essen- some point the leadership on both sides There are no people arguing on behalf tially allow the work of the Senate to gets together. I see the distinguished of doing business as usual, as I guess continue forward for a brief period of leader, Senator REID, and Senator DUR- some in the Senate want to consider. time while we would have three Repub- BIN. What happens is they get together But all of the independent experts—the lican amendments and three Demo- with Senator FRIST and Senator lawyers for Shell oil company—again cratic amendments to be offered. MCCONNELL after everybody has had a not the first place you look for anti-oil As I understood your statement, you chance to discuss their amendments. kinds of arguments—the lawyers for believe that would then allow my good Then at some point you get in the Shell oil company say you don’t need friend from Oregon to essentially con- queue. this kind of break in this sort of cli- trol the floor throughout his amend- I have enormous respect for the dis- mate. So you have Congressman ment to essentially supersede the other tinguished Senator from Mississippi. POMBO, you have the folks from Shell amendments that are pending—some 21 That is why I called him a half hour be- oil company, you have the author of amendments, as I understand that to fore we even went in today, in an effort the program, Senator Bennett John- be the case. I do not think that was at to try to work this out. He consistently ston—all of them weighing in. all the nature of the unanimous con- says I want to be at the head of the If the litigation that is now under- sent request that I made. line; I want special treatment. way with respect to this program is What I suggested that we would do I don’t want to be at the head of the successful, I would say to colleagues, with my unanimous consent request is line, but I think at some point Sen- the tab for this program could be $80 that we move forward with the filing ators ought to have a place in line. My billion. The emergency supplemental is and then move forward with the pend- amendment was offered late last night $100 billion. So over the life of this pro- ing business of the Senate with six because I stayed here, again antici- gram, it could come to a very signifi- amendments in total. And at that pating the possibility of this. So it was cant fraction of what we need to do in point in time we would return to the pending when we came in. terms of the emergency spending. The amendment of the Senator from Or- So Senators are very clear, I am in- distinguished chair of the committee is egon, without prejudging whether or terested in working out what Senator on his feet, and I am glad to recognize not there is going to be a vote at all on SALAZAR wants to do. I am interested him for a question at this time, keep- the amendment of the Senator from in amendments being clustered as we ing my place here on the floor. Oregon. So I would like clarification traditionally have done in the Senate. Mr. DOMENICI. Senator, first of all, from the chairman of the committee as What I am not willing to do is this: At I don’t quite know how to ask the ques- to what will happen via the unanimous a time of record profits, at a time of tion, but I am going to try. Are you consent request that I previously record costs, I am not willing to sit by aware that the years of 1998 and 1999— made, which was objected to by the while record amounts of royalty relief for 2 full years, all the leases that were chairman of the committee, with re- are handed out while all of the inde- issued had no thresholds in them? Are spect to the pending business that is pendent auditors say it ought to be you aware of that, Senator? currently before the Senate. stopped. Mr. WYDEN. To respond to the chair- Mr. COCHRAN. Mr. President, if the I have read to my colleagues, for ex- man, I am very much aware. It is clear Senator will yield for a response? ample, that in the other body the chair that some of those in the Clinton ad- The PRESIDING OFFICER (Mr. of the natural resources committee, ministration—and I have talked about ALEXANDER). The Senator from Mis- Congressman POMBO—hardly anti-oil, this at some length. Frankly, those sissippi. as our good friend, the chair of our En- omissions by midlevel people in key Mr. COCHRAN. I am happy to inform ergy Committee, knows; Congressman level positions in the Clinton adminis- the Senator that this would disadvan- POMBO has consistently been tration have contributed mightily to tage some 10 Senators who have al- proproduction—Congressman POMBO this problem. If they had been doing ready filed and argued and had their says we don’t need this incentive for their job and been watching this amendments pending for consideration. production. Those are his words, you threshold question, we would not be in You would urge that we have six more don’t need an incentive for production this problem. amendments offered from three Repub- at a time when oil is $70 a barrel. Mr. DOMENICI. Yes. lican and three Democratic Senators Senator DODD and Senator DORGAN Mr. WYDEN. I think the chairman and add those to these and then have a have a variety of approaches they want knows, I believe energy policy has to vote, I guess, on the Wyden amend- to explore with respect to the Tax be bipartisan. We have the distin- ment? Instead of voting on those which Code, and Senators will weigh in, one guished Senator from Tennessee in the we would take up in regular order, if way or another. There is a trifecta of chair. I have been talking to him for we could ask for the regular order? It programs now. There are tax breaks, some weeks on an innovative approach puts you in charge of managing the there is mandatory spending, and there we would like to explore. I want to do business of the Senate, setting prior- is royalty relief, which is the grand- business in a bipartisan way. I think I ities for the amendments that can be daddy of all of these breaks. I do not was bipartisan, frankly, before it even offered when that priority has already see how we can justify sweetening this became fashionable around here. But I been established. sugar-laden giveaway again and again am telling you this has to end. I am I think what we should do is follow and do it behind closed doors. glad the Senator from New Mexico has the regular order. That is all I have I have been out here I guess upwards brought up the point about how we got said from the beginning. But Senator of 4 hours. I sure wish this were not into the situation. WYDEN wanted to come in today, get necessary. I would certainly like to do By the way, during the Clinton years recognized, offer his amendment, and what Senator SALAZAR has been talk- when folks weren’t watchdogging this have an up-or-down vote on it without ing about, which is get an order for program, as I say—the Senator from any other intervening business—no these amendments and all of us find a New Mexico knows a lot more about amendments, no motion to table. I reasonable place in line. But I am not this than I do—the price of oil was $34 don’t know of anybody who has ever going to sit by while taxpayers get a barrel. We were talking about a price gotten a deal like that. fleeced again. I am just not. I may lose that was a fraction of the cost right The PRESIDING OFFICER. The Sen- when it comes time, if we can get one, now. So what you have is a program ator from Oregon. to vote, but until then I am just going that was designed when the price of oil Mr. WYDEN. Mr. President, reclaim- to hold forth. was $16 a barrel. The folks in the Clin- ing the floor, what Senator SALAZAR We have colleagues here. Senator ton administration muffed the ball in and I are both saying is we do not want DODD, for example, knew the author of the middle of 1990 when the price was to be at the head of the line, but we the program very well. Senator Ben- $34 a barrel. Now the President of the want to have a place in the line, which nett Johnston was the author of the United States comes along and says, to is the custom of the Senate. The cus- program. Senator Bennett Johnston his credit, let’s knock off the subsidies

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3660 CONGRESSIONAL RECORD — SENATE April 27, 2006 at a time when the price of oil is more ator from New Mexico, has asked. I truth is, they made the mistakes. They than $50 a barrel. That is what I am would very much like to do it. Perhaps issued them without the right to col- trying to do in this particular amend- we can get our staffs together and per- lect royalties on behalf of the Federal ment. haps work it out. Government. This program made sense in the mid- Mr. DOMENICI. I just heard the Along comes an auditing company dle 1990s, when folks in the oil patch Chair say what it would take for this that finds them and says: Look at were hurting. Probably Senator DODD to be appropriate. I ask unanimous these companies. They are getting remembers a bit of that history. Sen- consent that which he has just articu- away with hundreds of millions of dol- ator Johnston, whom we all respect so lated be the unanimous consent re- lars. Yes, they are. But read their con- much, came to people in the Senate quest before the Senate, and I ask that tracts. They are not obligated to pay and talked about the need for the pro- the Senate grant it. any because the U.S. Government gram. Folks in that part of the country Mr. WYDEN. Reserving my right to messed up. We didn’t obligate them to were hurting, and the price of energy object. pay any. I don’t know what to do about was very low. There was a good argu- The PRESIDING OFFICER. The Sen- that. ment saying there was a role for Gov- ator from Oregon. I can come to the floor and yell and ernment. Mr. WYDEN. Again I think we have cry that we are losing revenue, but I have sat in many hearings with the to be very clear on this. If the Senator these companies are going to have to distinguished chairman of the Energy from New Mexico is granted his unani- gratuitously decide to pay or they do Committee where we talked about the mous consent request and he speaks for not owe it. So we can come down here notion that there is a role for the pri- whatever time he desires—frankly, and talk forever about that. Obviously, vate sector, a role for Government. We probably more power to you if you go the amendment by my good friend from want production. What I have done in longer—if he speaks for whatever time Oregon will do nothing about the leases of 1998–1999, for if you tried to do some- my amendment is say—Senator KYL the Senator from New Mexico desires, and I got a little bit into this—not only does it automatically come back to me thing about them you would be doing are we going to put a lot of verbiage to speak on my pending amendment? nothing. You cannot come to the floor behind the notion that we are going to That is what I am asking the Chair. of the Senate and say leases already support production, what I said is, if The PRESIDING OFFICER. It is the issued upon, which the work has been done upon, which the Government there is any evidence this incentive is Chair’s understanding that the Senator sought not to charge anything, we have needed—the President says we will from New Mexico desires 5 minutes to changed our mind, and we are going to have a disruption of supply—if the speak, and when he is concluded the make them pay. That is not the subject price of oil goes down, bingo, the Gov- floor will be returned to the Senator of his amendment. Read it. It doesn’t ernment can get back into the royalty from Oregon and the pending business will be his amendment, if the unani- purport to do that. That is point No. 1. business. That is what we are trying to Point No. 2, the amendment doesn’t mous consent of the Senator from New do here. do what the Senator says it does. This Mexico is approved without objection. I recall that energy conference com- year, the Secretary—this Secretary— Is there objection? Without objec- mittee, I say to my friend from New stopped royalty relief at $35.86 per bar- tion, it is so ordered. The Senator from Mexico. The decisions were made on rel. The amendment by the distin- New Mexico is recognized for 5 min- this particular provision after mid- guished Senator is talking about $55 a night. I am not even completely sure utes. barrel. He is saying the same thing— Mr. DOMENICI. Mr. President, I say how it came about. I don’t believe I that we will stop royalty relief at $55 to fellow Senators and Senator WYDEN was even in the room. But this time, , instead of $35. Obviously, his amend- the Senate is going to take a position, if you would please lend me your ear ment in today’s market is a malady. It if I have anything to say about it. As because I would like to be helpful. doesn’t do anything. The Secretary has colleagues know, I have had plenty to Mr. WYDEN. Mr. President, par- already one-upped his amendment. The 1 say in the last 4 ⁄2 hours. I very much liamentary inquiry? Secretary has put the relief line at a The PRESIDING OFFICER. The Sen- want this worked out so we can get to lower price per barrel than his amend- the point of a vote. ator will state his inquiry. ment. Did the distinguished chairman want Mr. WYDEN. I wish to be clear that I don’t know, again, what he is trying the floor? what the Senator from New Mexico to do with the amendment. First, he Mr. DOMENICI. Would the Senator asked for was a request to speak for 5 can’t affect the so-called Clinton year yield in a different way, so I could minutes and then we would return to lease which he has been talking about. speak for 5 minutes and return the consideration of my amendment spe- And he deserves to tell the public that floor to you and you lose none of your cifically in its current form, and I the companies have gotten away with a rights? would be recognized to speak on my lot of money there. That is a nice Mr. WYDEN. Let me propound a par- amendment. speech. And it deserves to be given, but liamentary inquiry. I would very much The PRESIDING OFFICER. That is he isn’t fixing that because you can’t like to do what Senator DOMENICI, the correct. Nothing else will be in order fix it. He isn’t fixing the existing leases chair of the Energy Committee, has during the 5 minutes except that. because he is setting a threshold that asked for. If I yield to him to speak for Mr. DOMENICI. Mr. President, I have is higher than the price that the Sec- any amount of time, will I lose my 5 minutes. I would like very much for retary had set, and the price of oil is place to be able, on the pending amend- anybody who is trying to fix this par- higher than both of them. So we are ment, to speak on it? Would the Chair liamentary problem to just listen for a going to collect all the royalties we so advise at this point? minute. can get, and I do not know how we are The PRESIDING OFFICER. The an- First of all, most of the problem that losing anything. swer is yes, unless you ask by unani- has been discussed by the distinguished I don’t know what the speeches are mous consent that the floor be re- Senator in terms of royalties that are about in terms of losing that much turned to you and it is approved with- allegedly not being paid by oil compa- money, nor do I know what the amend- out objection. nies which are indeed drilling success- ment is doing. What I do know is that Mr. WYDEN. Mr. President, my un- fully offshore—most of those have oc- from this point forward the Energy bill derstanding is that puts us in exactly curred during the years of 1999 and 1998. that we passed has some language that the same position as we had with Sen- Let me repeat, there are oil companies could be fixed. ator SALAZAR. I would like to make the which are drilling and would otherwise I have an amendment that fixes it. It same offer to the distinguished chair of owe some kind of royalties, and those makes it permissive. It says the Sec- the committee, because I would very are companies that did business during retary may in the future set these lim- much like to respond positively to his the years 1998 and 1999. They got leases its. The Secretary may in the future request, if we can work with the staffs those years, and mistakes were made. I set the dollar amount from which you to propound a parliamentary request to am not accusing the Clinton adminis- base royalty relief. I have an amend- deal with what the chairman, the Sen- tration because it is Democratic. The ment that I think sooner or later we

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3661 should adopt that says it should not be off of taxpayer money. It is not me who that senior House and Senate negotiators made, but the Secretary shall set these concluded it; the General Accounting had not even discussed it. limits. That is an amendment that I Office has done that. The Shell Oil Mr. Barton’s claim had a long history. For have that I think the good Senator Company says we don’t need this par- more than a decade, lawmakers and adminis- tration officials, both Republicans and from Oregon ought to take. I will give ticular incentive right now. Democrats, have promised there would be no it to him. He ought to put it in instead In the other body, the chairman of cost to taxpayers for a program allowing of his, and he will have solved one of the natural resources committee says companies to avoid paying the government the problems by making it mandatory. you don’t need it. Even the author of royalties on oil and gas produced in publicly I thank you profusely for the 5 min- the bill says it is not working as he in- owned waters in the Gulf. utes which has turned into 71⁄2. I talked tended. But last month, the Bush administration too long, but I thank you for it. But what we saw as a result of the re- confirmed that it expected the government The PRESIDING OFFICER. The Sen- quest of the Senator from Nevada is to waive about $7 billion in royalties over the next five years, even though the industry ator from Oregon. that the Senate is not going to take a incentive was expressly conceived of for Mr. REID. Mr. President, I ask per- position on the granddaddy of all oil times when energy prices were low. And that mission to propound a unanimous con- company subsidies. This is the biggest, number could quadruple to more than $28 bil- sent request. May I propound a unani- folks. This is the one that really lion if a lawsuit filed last week challenging mous consent request? counts. one of the program’s remaining restrictions The PRESIDING OFFICER. Is there I want to respond briefly to the dis- proves successful. objection? Without objection, it is so tinguished chairman of the Energy ‘‘The big lie about this whole program is ordered. Committee, Senator DOMENICI. Senator that it doesn’t cost anything,’’ said Rep- resentative Edward J. Markey, a Massachu- Mr. REID. Mr. President, I ask unan- DOMENICI essentially said a little bit setts Democrat who tried to block its expan- imous consent that amendment No. ago that there were great problems in sion last July. ‘‘Taxpayers are being asked 3665 by the Senator from Oregon be 1998 and 1999 with some in the Clinton to provide huge subsidies to oil companies to made the last amendment in order and administration who weren’t watchdog- produce oil—it’s like subsidizing a fish to that it be subject to no second-degree ging the program. I very much share swim.’’ amendment; that is, when we dispose of the chairman’s view. I talked about How did a supposedly cost-free incentive approximately 31 amendments, there this probably two or three times over become a multibillion-dollar break to an in- would be a vote on his with no second- the course of the morning and early dustry making record profits? The answer is a familiar Washington story degree amendments. afternoon. of special-interest politics at work: the peo- Mr. COCHRAN. Mr. President, I re- Where I take exception with my ple who pay the closest attention and make serve the right to object. friend, however, is he essentially said the fewest mistakes are those with the most First of all, the Wyden amendment the Clinton administration caused all profit at stake. No. 3665, I think, was offered just be- of these problems, and along came Sec- It is an account of legislators who passed a fore the Santorum amendment last retary Norton who cleaned it up. That law riddled with ambiguities; of crucial er- night. The Santorum amendment No. was essentially the argument. rors by midlevel bureaucrats under President 3640 was offered on the subject of Iran. I would like to read verbatim and Bill Clinton; of $2 billion in inducements from the Bush administration, which was in- I am not able to agree to his amend- then enter into the RECORD a discus- tent on promoting energy production; and of ment being voted on without any sion in the New York Times of what Republican lawmakers who wanted to do amendment. So I object. happened under Secretary Norton. even more. At each turn, through shrewd The PRESIDING OFFICER. Objec- While I respect the chairman of the lobbying and litigation, oil and gas compa- tion is heard. The Senator from Or- committee tremendously, I want the nies ended up with bigger incentives than be- egon. Senate to know what happened over fore. Mr. WYDEN. Mr. President, I thank the last few years. Until last month, hardly anyone noticed— the Senator from Nevada for pro- Gale Norton, who stepped down this month or even knew—the real costs. They were ob- pounding that unanimous consent re- as Interior Secretary, moved quickly to scured in part by the long gap between the speed up approval of new drilling permits. time incentives are offered and when new quest because I think now it is clear offshore wells start producing. But law- what has happened in the Senate; that Starting in 2001, she offered royalty incen- tives to shallow-water producers who drilled makers shrouded the costs with rosy projec- is, it will not be possible to get an up- tions. And administration officials consist- or-down vote at any point on rolling more than 15,000 feet below the sea bottom. In January 2004, Ms. Norton made the incen- ently declined to tally up the money they back this outrageous boondoggle that tive far more generous by raising the thresh- were forfeiting. wastes taxpayer money. old price. Her decisions meant that deep-gas Most industry executives say that the roy- My good friend from New Mexico drillers were able to escape royalties in 2005 alty relief spurred drilling and exploration made the point, and I want to kind of when prices spiked to record levels and when prices were relatively low. But the in- dustry is divided about whether it is appro- summarize it because I think we are would probably escape them this year as well. priate to continue the incentives with prices getting close to being able to wind at current levels. Michael Coney, a lawyer down. Continuing to quote: for Shell Oil, said, ‘‘Under the current envi- Mr. REID. Mr. President, will the She also offered to sweeten less generous ronment, we don’t need royalty relief.’’ Senator yield for a question without contracts the drillers had signed before the The program’s original architect said he losing his right to the floor? regulation was approved. was surprised by what had happened. ‘‘The Mr. WYDEN. Of course, I yield to my I ask unanimous consent that this ar- one thing I can tell you is that this is not friend. ticle be printed in the RECORD. what we intended,’’ said J. Bennett John- Mr. REID. Is the Senator’s under- There being no objection, the mate- ston, a former Democratic senator from Lou- isiana who had pushed for the original incen- standing the same as mine, that no rial was ordered to be printed in the tives that Congress passed in 1995. matter how he tried to do all the dif- RECORD, as follows: Mr. Johnston conceded that he was con- ferent proposals which he has made he [From the New York Times, Mar. 27, 2006] fused by his own law. ‘‘I got out the language is not being allowed a vote by the ma- VAGUE LAW AND HARD LOBBYING ADD UPTO a few days ago,’’ he said in a recent inter- jority? Is that your understanding? BILLIONS FOR BIG OIL view. ‘‘I had it out just long enough to know Mr. WYDEN. The distinguished (By Edmund L. Andrews) that it’s got a lot of very obscure language.’’ Democratic leader is exactly right. We WASHINGTON, March 26.—It was after mid- A SUBSIDY OF DISPUTED NEED have done summersaults since last night and every lawmaker in the committee Things looked bleak for oil and gas compa- night. I called the chairman of the room wanted to go home, but there was still nies in 1995, especially for those along the committee, Senator COCHRAN, half an time to sweeten a deal encouraging oil and Gulf Coast. hour before we went in in an effort to gas companies to drill in the Gulf of Mexico. Energy prices had been so low for so long try to work it out. I have been sup- ‘‘There is no cost,’’ declared Representa- that investment had dried up. With crude oil tive Joe L. Barton, a Texas Republican who selling for about $16 a barrel, scores of wild- portive of Senator SALAZAR’s request. was presiding over Congressional negotia- catters and small exploration companies had But what we saw in the last few min- tions on the sprawling energy bill last July. gone out of business. Few companies had any utes is the ball game—you can’t get a An obscure provision on new drilling incen- stomach for drilling in water thousands of vote up or down in the Senate on a rip- tives was ‘‘so noncontroversial,’’ he added, feet deep, and industry leaders like Exxon

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3662 CONGRESSIONAL RECORD — SENATE April 27, 2006 and Royal Dutch Shell were increasingly fo- American energy production when massive In January 2004, Ms. Norton made the in- cused on opportunities abroad. capital and technological risks would other- centives far more generous by raising the ‘‘At the time, the Gulf of Mexico was like wise preclude it,’’ said Representative Rich- threshold prices. Her decision meant that the Dead Sea,’’ recalled John Northington, ard W. Pombo, Republican of California and deep-gas drillers were able to escape royal- then an Energy Department policy adviser chairman of the House Resources Com- ties in 2005, when prices spiked to record lev- and now an industry lobbyist. mittee. ‘‘Absent those criteria, I do not be- els, and would probably escape them this Senator Johnston, convinced that the lieve any relief should be granted.’’ year as well. Gulf’s vast reservoirs and Louisiana’s oil- But in what administration officials said ‘‘These incentives will help ensure we have based economy were being neglected, had ar- appeared to have been a mistake, Clinton ad- a reliable supply of natural gas in the fu- gued for years that Congress should offer in- ministration managers omitted the crucial ture,’’ Ms. Norton proclaimed, predicting centives for deep-water drilling and explo- escape clause in all offshore leases signed in that American consumers would save ‘‘an es- ration. 1998 and 1999. timated $570 million a year’’ in lower fuel ‘‘Failure to invest in the Gulf of Mexico is At the time, with oil prices still below $20 prices. a lost opportunity for the U.S.,’’ Mr. John- a barrel, the mistake seemed harmless. But Ms. Norton’s decision was influenced by ston pleaded in a letter to other lawmakers. energy prices have been above the cutoff the industry. The Interior Department had ‘‘Those dollars will not move into other do- points since 2002, and Interior Department originally proposed a cut-off price for roy- mestic development, they will move to Asia, officials estimate that about one-sixth of alty exemptions of $5 per million British South America, the Middle East or the production in the Gulf of Mexico is still ex- thermal units, or B.T.U.’s, of gas. But the former Soviet Union.’’ empt from royalties. Independent Petroleum Association of Amer- Working closely with industry executives, Walter Cruickshank, a senior official in ica, which represents smaller producers, ar- he wrote legislation that would allow a com- both the Clinton and Bush administrations, gued that the new incentive would have lit- pany drilling in deep water to escape the told lawmakers last month that officials tle value because natural gas prices were al- standard 12 percent royalty on up to 87.5 mil- writing the lease contracts thought the price ready above $5. Ms. Norton set the threshold thresholds were spelled out in the new regu- lion barrels of oil or its equivalent in natural at $9.34. lations, which were completed in 1998. But gas. The coastal waters are mostly owned by Based on administration assumptions officials writing the regulations left those the federal government, which leases tens of about future production and prices, that details out, preferring to set the precise millions of acres in exchange for upfront fees change could cost the government about $1.9 rules at each new lease sale. and a share of sales, or royalties. billion in lost royalties. ‘‘It seems to have been a massive screw- ‘‘There is no cost rationale,’’ said Shirley Mr. Johnston and other supporters argued up,’’ said Mr. Northington, who was then in J. Neff, an economist at Columbia University that the incentives would actually generate the Energy Department. No one noticed the and Senator Johnston’s top legislative aide money for the government by increasing pro- error for two years, and no one informed in drafting the 1995 royalty law. ‘‘It is as- duction and prompting companies to bid Congress about it until last month. tounding to me that the administration higher prices for new leases. Five years later, the costs of that lapse would so blatantly cave in to the industry’s ‘‘The provision will result in a minimum were compounded. A group of oil companies, demands.’’ net benefit to the Treasury of $200 million by led by Shell, defeated the Bush administra- INCENTIVES KEEP GROWING the year 2000,’’ Mr. Johnston declared in No- tion in court. The decision more than dou- Last April, President Bush himself ex- vember 1995, denouncing what he called bled the amount of oil and gas that compa- pressed skepticism about giving new incen- ‘‘outrageous allegations’’ that the plan was a nies could produce without paying royalties. giveaway. The case began as a relatively obscure dis- tives to oil and gas drillers. ‘‘With oil at $50 He won support from oil-state Democrats, pute. Shell paid $3.8 million in 1997 for a Gulf a barrel,’’ Mr. Bush remarked, ‘‘I don’t think Republicans and the Clinton administration. lease and soon drilled a successful well. But energy companies need taxpayer-funded in- Hazel O’Leary, the energy secretary at the the Interior Department denied the company centives to explore.’’ time, said the assistance would reduce Amer- royalty relief, saying that Shell had drilled But on Aug. 8, Mr. Bush signed a sweeping ican dependence on foreign oil and ‘‘enhance into an older field already producing oil and energy bill that contained $2.6 billion in new national security.’’ gas. The decision hinged on undersea geog- tax breaks for oil and gas drillers and a mod- Representative Robert Livingston of Lou- raphy and the court’s interpretation of lan- est expansion of the 10–year-old ‘‘royalty re- isiana, then a rising Republican leader, de- guage in the 1995 law. lief’’ program. For the most part, the law clared that the inducements would ‘‘create A typical field, or geological reservoir, locked in incentives that the Interior De- thousands of jobs’’ and ‘‘reduce the deficit.’’ often encompasses two or three separately partment was already offering for another Many budget experts agree that the rosy leased tracts of ocean floor. Interior Depart- five years. But it included some embellish- estimates were misleading. The reason, they ment officials insisted that the maximum ments, like an extra break on royalties for say, is that it often takes seven years before amount of royalty-free oil and gas was based companies drilling in the deepest waters. a new offshore field begins producing. As a on each field. Shell and its partners argued And energy companies, whose executives result, almost all the costs of royalty relief that limit applied only to each lease. had long contributed campaign funds to Re- would occur outside of Congress’s five-year Perhaps shrewdly, the oil companies sued publican candidates, pushed to block any budget timeframe. the Bush administration in Louisiana, where amendments aimed at diluting the benefits. The push to lock in the royalty induce- Opponents protested that the cost esti- federal courts previously had sided with the ments came primarily from House Repub- mates were wrong, that the incentives industry in spats with the government. licans. The only real opposition came from a amounted to corporate welfare and that The fight was not even close. In January handful of House Democrats, in a showdown companies did not need government incen- 2003, a federal district judge declared that about 1 a.m. on July 25, according to a tran- tives to invest. the Interior Department’s rules violated the script of the session. ‘‘They are going to the Gulf of Mexico be- 1995 law. If the department ‘‘disagrees with Congress’s policy choices,’’ Judge James T. ‘‘It is indefensible to be keeping these com- cause that’s where the oil is,’’ said Rep- panies on the government dole when oil and resentative George Miller, Democrat of Cali- Trimble Jr. wrote, ‘‘then such arguments are best addressed to Congress.’’ gas prices are so high,’’ charged Representa- fornia, during a House debate. ‘‘What we do tive Markey of Massachusetts, who proposed here is not going to change that. We are just What might have been a $2 billion mistake in the Clinton administration suddenly to strip the royalty provisions. ‘‘We might as going to decide whether or not we are going well be giving tax breaks to Donald Trump to give away the taxpayers’ dollars to a lot ballooned into a $5 billion headache under Mr. Bush. and Warren Buffett.’’ of oil companies that do not need it.’’ Mr. Barton, the Texas Republican, brushed Industry executives and lobbyists fanned But even as the Bush administration was losing in court, it was offering new incen- aside the objections. He reassured lawmakers out across Capitol Hill to shore up support that the new provisions would not cost tax- for the program, visiting 150 lawmakers in tives for the energy industry. Mr. Bush placed a top priority on expand- payers anything. October 1995. The effort succeeded. A month ing oil and gas production as soon as he took When Mr. Markey proposed a more modest later, Congress passed Mr. Johnston’s bill. office in 2001. Vice President Dick Cheney’s change—having Congress prohibit incentives A MISSING ESCAPE CLAUSE task force on energy, warning of a deepening if crude oil prices rose above $40 a barrel— To hear lawmakers today, they never in- shortfall in domestic energy production, Republicans quickly voted him down again. tended to waive royalties when energy prices urged the government to ‘‘explore opportuni- ‘‘The only reason they waited until after were high. ties for royalty reduction’’ and to open areas midnight to bring up these issues is that The 1995 law, according to Republicans and like the Arctic National Wildlife Refuge to they couldn’t stand up in the light of day,’’ Democrats alike, was supposed to include an drilling. Mr. Markey said in a recent interview. escape clause: in any year when average spot Gale A. Norton, who stepped down this ‘‘They all expected me to give up because it prices for oil or gas climbed above certain month as interior secretary, moved quickly was so late and I didn’t have the votes. But threshold levels, companies would pay full to speed up approvals of new drilling per- if nothing else, I wanted to get these things royalties instead. mits. Starting in 2001, she offered royalty in- on the record.’’ ‘‘Royalty relief is an effective tool for two centives to shallow-water producers who A ROYALTY-FREE FUTURE? things: keeping investment in America dur- drilled more than 15,000 feet below the sea It is still not clear how much impact the ing times of superlow prices, and spurring bottom. reduced royalties had in encouraging deep-

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3663 water drilling. While activity in the Gulf has prices are, for all leases signed from 1996 the Nation. I want to make sure for increased since 1995, prices for oil and gas through 2000. If suit is successful, govern- those who have been following the de- have more than quadrupled over the same ment projections indicate taxpayers could bate from the beginning that they un- period, providing a powerful motivation, ex- lose more than $28 billion over five years. derstand exactly the issue. perts say. Mr. WYDEN. There we have it, folks. As I understand it, we are talking ‘‘It’s hard to make a case for royalty relief, In essentially the late 1990s—1998–1999— especially at these high prices,’’ said Jack about those private companies that Overstreet, owner of an independent oil ex- as the distinguished chairman of the drill for oil on lands owned by the peo- ploration company in Texas. ‘‘But the oil in- committee has pointed out, the Clinton ple, by the Federal Government, and dustry is like the farm lobby and will have administration dropped the ball. No how much money they will receive for its hand out at every opportunity.’’ question about it. It was costly to tax- drilling oil. I ask the Senator from Or- The size of the subsidies will soar far high- payers. egon, if he could, in the simplest terms, er if oil companies win their newest court But I have just read a recitation of to explain to me how much is at stake battle. how the Secretary of the Interior com- here? How much did the taxpayers pay In a lawsuit filed March 17, Kerr-McGee pounded the problem and how on her Exploration and Production argued that in these royalty payments to those Congress never authorized the government watch the sweetener got even sweeter. who are drilling for oil on land that the to set price cut-offs for incentives on leases The price of oil was still shooting up. people, the Federal Government, owns? awarded from 1996 through 2000. If the com- The price of oil had doubled over the Mr. WYDEN. I thank the Senator pany wins, the Interior Department recently last few years, and she just kept la- from Illinois for his question. We tried estimated, about three-quarters of oil and dling out the sugar. It just kept com- to get into this something like 5 hours gas produced in the Gulf of Mexico will be ing. ago. It is very helpful to have the Sen- royalty-free for the next five years. Then, on top of it, we had the energy ator from Illinois asking exactly the Mr. Markey and other Democrats recently conference agreement between the introduced legislation that would pressure question he has asked. companies to pay full royalties when energy House and the Senate. So on top of the The way this program works is that prices are high, regardless of what their problem that we see stemming from the oil companies are supposed to pay leases allow. the last administration and then Sec- royalties to the Federal Government But Republican lawmakers and the Bush retary Norton sweetening the pot even when they extract oil from Federal administration have signaled their opposi- more, we then had in the energy con- lands. In order to stimulate production tion. ference agreement additions to the roy- when the price of oil was cheap, the ‘‘These are binding contracts that the gov- alty program, additions at a time when Federal Government reduced the ernment signed with companies,’’ Ms. Norton clearly they were not in the public in- recently remarked. ‘‘I don’t think we can amount of royalty payments the com- change them just because we don’t like terest. panies had to make. them.’’ I think we are close to being able to It is my view and the view of all of move ahead in the Senate. I want to the independent experts, including our GIVING AWAY $7 BILLION IN ROYALTIES have some discussion with the floor former colleague in the House, Con- November 1995—Deep Water Royalty Relief manager, the distinguished Senator gressman POMBO, who chairs the Com- Act is passed, allowing companies to avoid from Washington. mittee on Resources, it is the view of paying some royalties on oil and gas pro- But what we have seen in the last few all of these experts across the political duced in deep water in the Gulf of Mexico. minutes as a result of the unanimous spectrum that with the price of oil Bill has bipartisan support. consent request propounded by the soaring to over $70 a barrel, the dis- 1998–99—Interior Department makes big Senator from Nevada is that this Sen- counted royalty payments amount to a mistake on leases awarded in these two ate will not be allowed to vote at any years. The department omits price thresh- needless subsidy of billions and billions olds that would cut royalty relief if oil and time on the granddaddy of all of the of dollars. The General Accounting Of- gas prices rose above about $34 a barrel for subsidies. We have tried to work out fice has estimated that at a minimum crude and about $4 per thousand cubic feet of arrangements to have a vote that it would be $20 billion. There are pro- natural gas. would be fair to both sides. I have pro- jections because there is litigation un- 2000—Interior realizes the error and quietly pounded a variety of requests through derway. adds price thresholds into new leases—but the Chair in an effort to do it. But For some oil companies, even this is the old leases remain valid. somehow for some reason continuing not enough, so they keep litigating and 2001—A vice presidential task force issues this outrageous use of taxpayer money trying to get more and more and more. National Energy Policy recommendations, urging the government to open up more fed- seems to be the big priority around There are estimates that if the litiga- eral lands and waters to oil and gas develop- here. tion is successful, the Government ment to ‘‘explore opportunities for royalty I am staggered. I can’t understand. I would pay $80 billion just in royalty re- reductions.’’ cannot understand why the Senate lief. And that $80 billion would pay a March 2003—U.S. District Court in Lou- would say at a time of record profits, significant fraction of the entire cost isiana knocks down a restriction on the vol- at a time of record prices, it would of this emergency spending bill. ume of royalty-free oil and gas a company want to continue to dispense record Mr. DURBIN. If the Senator will fur- can produce. This effectively doubles or tri- royalty relief. ther yield for a question, so that I un- ples the incentives. Jan. 23, 2004—Interior expands royalty in- The President of the United States derstand it, if I own an oil company centives for deep gas producers, letting them said, to his credit, that we don’t need and I want to drill on somebody else’s avoid royalties if price is below $9.34 per mil- all of these incentives when the price land, in this case the land of the Fed- lion B.T.U.’s—higher than average price to of oil is over $50 a barrel. This program eral Government, I was required to pay date. Decision could cost $1.9 billion in roy- started when the price of oil was $16 a the Federal Government for drilling oil alties over next five years. barrel. that belonged to somebody else that I April 2005—President Bush says no need for As the distinguished Senator from was going to sell, and if the price of oil more incentives. ‘‘With oil at $50 a barrel,’’ New Mexico has indicated, the last ad- was so low that it did not justify drill- he says, ‘‘I don’t think energy companies need taxpayer-funded incentives to explore.’’ ministration muffed it when the price ing, they would appeal, the oil compa- July 25, 2005—House and Senate conferees of oil was $34 a barrel. But Secretary nies would appeal to the Federal Gov- on energy bill vote to extend and slightly en- Norton has made it worse. The energy ernment, saying, we will pay less for hance royalty incentives for oil and gas. conference agreement adds more sugar what we are drilling because the price Bush signs energy bill Aug. 8. on top of it. I wish to see the Senate of oil is so low, thus this royalty pay- February 2006—Interior Department budg- step in and protect the public. ment for drilling oil on Federal Gov- et shows that royalty breaks could cost gov- I see my good friend from Illinois. ernment land. ernment more than $7 billion over next five Mr. DURBIN. Will the Senator yield? Now the tables have turned and the years, even though it expects oil prices to re- Mr. WYDEN. I am happy to yield. price of every barrel of oil brought out main above $50 a barrel. March 17, 2006—Kerr-McGee, a large Gulf of Mr. DURBIN. I ask the Senator from of Federal land is worth $70 to $75 and Mexico producer, sues the federal govern- Oregon, I know he has been on the floor the Senator from Oregon is arguing ment in a test case to receive all deepwater since this morning and I know this why in the world would you give them royalty incentives, regardless of how high issue is of great importance to him and relief from their royalty payments

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3664 CONGRESSIONAL RECORD — SENATE April 27, 2006 when they are making so much money money it could bring back to the tomarily do, we debate a variety of on oil that comes out of Federal lands Treasury for purposes already out- amendments, then we cluster them that we all own. lined—whether it is the LIHEAP pro- into a group, five, six, eight—some- It would seem to me the Senator’s ar- gram or money for education or health times the number will vary—and at gument is that the oil companies, care, whatever it might be, that cur- some point the Senate goes on a vote. which are doing quite well, thank you, rently is going to oil companies that I offered to the chairman of the com- are going to experience a windfall if are doing well and experiencing record mittee to be put in the second or third the price of oil goes up and the amount profits. cluster. I don’t have to go first if col- they have to pay to the Federal Gov- Mr. WYDEN. The Senator asks a very leagues feel strongly about this, but at ernment continues to be discounted or good question. This is the granddaddy, some point it seems to me we ought to lowered. So they want it both ways. this is the biggest subsidy the Govern- say the Senate is accountable, at a They want the consumer to pay more ment gives—to the oil sector. time with record profits and record at the pump and they want the tax- The General Accounting Office, prices, for a program that is the big- payers to receive less for the oil they which did a review of this, indicates gest of them all. That is the Royalty are taking from land they do not even that a minimal projection is $20 billion Relief Program. own. for the cost of the program. If the liti- I am happy to yield further. Am I missing something in this anal- gation is successful, it is up to $80 bil- Mr. DURBIN. I ask a procedural ysis? lion. point for those following this debate. Mr. WYDEN. I think the Senator has What we have is, at a time when mid- I ask the Senator from Oregon, it is said it very well. In a climate such as dle-class folks, the people who are liv- my understanding that what the Sen- this, when prices are high, they get to ing paycheck to paycheck and being ator is doing is consistent with the privatize their gains and socialize their squeezed as hard as they are, at a time Senate rules which allows a Senator to losses. This makes no sense at all. This when our Government ought to be take the floor and offer an amendment. is a program designed for a period when looking at trying to give them a break, As long as he can stand and offer his amendment and speak to it, he con- production was down and the price of give them a bit of help, what we are trols the floor, which is what the Sen- oil was very low. seeing is the middle-class folks have ator from Oregon is doing. Many people What I have tried to do—because I their tax dollars flow into the Federal have seen this depicted in movies and have spent a lot of hours sitting next Government and go out in terms of otherwise, but this is the classic ele- to the distinguished chairman of our royalty relief at a time when the price ment of the Senate procedure, that a committee, the Energy Committee, of oil is vastly above the amount the Senator can insist on his right to have who points out, and correctly so, that President has indicated. It is for that an amendment voted on. Clearly there energy is a volatile part of our econ- reason I felt so strongly about this. is a disagreement in the Senate. Until omy—I made an exception so that if I also point out this is a program that disagreement is resolved, as long the President of the United States says that grew under Secretary Norton. as the Senator from Oregon can stand, there is going to be a supply disruption After the initial mistakes with the pre- if I am not mistaken—he can correct or the price of oil falls back down vious administration, it was added to me if I am wrong—he is asserting his again, bingo, we are back to looking at by the energy conference legislation right as a Senator to do so. royalty relief. between the House and the Senate Mr. WYDEN. I thank my colleague The Senator from Illinois puts it which sweetened the sweetheart deal from Illinois. That is essentially my very well. even more. desire. To drive home the point, I say to the I am saying this is enough. We do not What we have seen, particularly in Senate, particularly the Senator from need record royalty payments on top of the discussion between the distin- Illinois who did great work on the Low- record profits and on top of record guished Democratic leader and the Income Home Energy Assistance Pro- prices. I have said I will draw the line. chairman of the committee, is it is the gram, we could have taken care of the I have not done anything like what I intent of those who oppose this amend- needs of the Low-Income Home Energy have done today in the Senate since I ment that they will not allow a vote. Assistance Program plus have money have been here. I have had the pleasure Not now, not at any point. That is left over for deficit reduction if we of serving with the distinguished Sen- what we have learned as a result of the were to stop this wasteful expenditure ator from Illinois for a long time, going discussion between the distinguished of taxpayer funds. back to the days when I had a full head Senator from Nevada and the distin- Mr. DURBIN. If the Senator from Or- of hair and rugged good looks. I have guished chairman of the committee, egon will yield for a question, through never done anything like this. I regret for whom I have a great deal of respect the Chair, you were suggesting in your this tremendously. But we have to pro- but simply disagree with on this point. amendment we should no longer sub- tect the taxpayers of this country. We have heard people say, I am ask- sidize the extraction of oil by private I am happy to yield if the Senator ing for special treatment, that I want companies from Federal lands when from Illinois has anything further. to go first. That is not the case. I re- they are clearly in a very profitable po- Mr. DURBIN. I will ask the Senator, spect the rights of all Senators. I of- sition. We should no longer ask tax- you are asking for an opportunity to fered the last amendment before the payers to give up royalties which they call your amendment to be voted on up Senate adjourned last night which were entitled to because the oil compa- or down, whether this subsidy to prof- made my amendment pending this nies frankly are doing well and the dis- itable oil companies will continue or morning. I have asked a variety of counted oil was designed for the times whether the money will come back to times now to work something out with when they were doing poorly. the Federal Treasury. Is that your in- Senator SALAZAR and the chairman of If I understand what the Senator is tention in taking the floor? the committee, the chairman from saying, the same oil companies have Mr. WYDEN. That is exactly what I Mississippi, and that is not possible, so been going to court challenging the have been seeking since last night the distinguished Senator from Ne- Federal Government when it comes to when I called the distinguished chair- vada, Senator REID, called the ques- these royalty payments and royalty man of the committee, and what I indi- tion. He basically asked, are we ever discounts, so with all the talk about cated, contrary to what has been said going to get a chance to vote. It is too much litigation, it turns out some in the Senate, I am not seeking any clear we will not. of these oil companies believe litiga- special treatment. I have not been That is very unfortunate. In a few tion is a healthy thing if it protects seeking to be put first in the line. What minutes—my friend from Colorado has their profit margins and protects their I have been seeking is what I have seen been here and has been so patient—I Federal subsidy. virtually every week since I have been will probably take one last crack at If the Senator from Oregon would be in the Senate. seeing if we can protect taxpayers’ in- kind enough to explain to me exactly The distinguished Senator from Illi- terests and see if we can work some- what the impact of his amendment nois is an expert in the rules, and it is thing out to do what the Senate nor- would be on this bill and how much my understanding that what we cus- mally does, which is to cluster these

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3665 amendments. If that is not the case, I So this has been, for this Member of would hope if we are getting to an end could talk until I fell over, frankly, but the Senate, a very unique experience. I of this discussion, which has been on it is clear the folks who are opposed to wish we could get a vote on this the floor now for the last 4 hours, we this do not want to vote in any way, amendment. I think this does a dis- can move forward in some orderly fash- shape, or form. They are saying at a service to the taxpayers of this coun- ion with respect to the consideration of time of record profits, at a time of try. other amendments here on this Thurs- record prices, we ought to keep ladling I wish to mention what it means in day before I know people have to leave. out this money. As the Senator from terms of the globe. I, like all Senators, So it would be my request to the Illinois said, this is on the people’s see the men and women who honor us chairman of the committee that we try land. We are talking about oil compa- every single day by wearing the uni- to come up with some arrangement nies extracting oil not from land they form for our country. They put them- that will allow those Senators who own but from land that belongs to the selves in harm’s way. They risk their have been waiting in the wings to come people of this country. physical health, their mental health, forward and offer amendments, in an So a judgment was made in the 1990s, their well-being, and put their families orderly process to come forward and give energy development a break from at risk because they honor us every offer those amendments in the next few the price of oil, when the price of oil is day by wearing the uniform of the hours. low, when production is down. It made United States. It seems to me the peo- I would ask a question of the chair- sense then. It boosted production in ple who wear that uniform and are man—— those critical times. However, it cer- fighting today on our behalf in Iraq de- Mr. WYDEN. Madam President, re- tainly does not make sense to argue for serve an energy policy that is going to serving the right to object, I do not a program when the price of oil is over make it less likely their kids and their want to give up the floor quite yet. I $70 a barrel and you compare that to grandkids are going to be off in the think the distinguished Senator from what we saw when this program origi- Middle East another time in the next Colorado, through the Chair, has to ask nated; the price of oil was $16 a barrel, few years in a war with implications me the question. a fraction of what people are paying, for oil. To do that, to make our coun- Mr. SALAZAR. Through the Chair, I and production was also down at that try’s energy secure, we have to stop ask permission to ask a question of my time. programs that rip off the taxpayers colleague from Oregon. This comes down to a question of like this Royalty Relief Program. Assuming that in a few minutes or a choices. Whose side are you on? Are Now that I see Senator DOMENICI few hours you give up the floor, which you on the side of the taxpayer in an here, I say to the chairman, I have you currently now claim to make the instance where the General Accounting tried to indicate in the course of the very passionate argument you have Office has documented what a rip-off day that, frankly, one of the best been making for the last 4 hours, would this program has become or are you on things we have been talking about over it be—— the side of a handful of special inter- the last few years comes from a Sen- Mr. WYDEN. Five hours. ests that have figured out a way to ator from your side of the aisle, Mr. Mr. SALAZAR. For the last 5 hours, hotwire this special program that gives THOMAS. Senator THOMAS makes the as you have tried to get a vote on this them such great advantages? important point that we are probably amendment you have offered, would it I wish the case were, as the distin- losing something like a third of all the be in order, then, for us as a Senate to guished chairman of the committee, oil from existing wells, and we don’t come to some kind of an agreement on Senator DOMENICI, has indicated, the have incentives to go and do that drill- how we move forward with the orderly problems were with the Clinton admin- ing from existing wells. processing of additional amendments istration and then the next administra- I have been supporting Senator that go beyond the amendment you are tion cleaned them up, but as I read into THOMAS because I think it is good for offering now? the record, the problem got worse. It production, and I think it is good for Mr. WYDEN. The distinguished Sen- got worse twice. First, as a result of the environment, especially right now, ator from Colorado has not actually the actions by the Secretary of the In- because what we have learned in terms propounded a unanimous consent re- terior; second, as a result of what was of environmental protection is that quest, but it is very much my interest done in the energy conference agree- you can get more out of existing wells, in accommodating the Senator from ment. capturing the gases, what is called se- Colorado. By the way, some of what we heard in questration, in order to protect the en- I think, frankly, colleagues, to re- the energy conference agreement was vironment. peat, for those who are just coming in, just preposterous, not from the Sen- So I want it understood by col- after the discussion between Senator ator from New Mexico, but some in the leagues: One, I want to work in a bipar- REID and the Senator from Mississippi energy conference agreement said: Oh, tisan way; two, I think that arguably and the objection that was made by the this oil royalty program has no cost. It what Senator THOMAS has talked about distinguished chairman of the com- doesn’t cost anything at all. is one of the best new ideas to get a mittee, it is evident that it will not be Now, I do not know how in the world fresh energy policy that is red, white, allowed that there be an up-or-down you argue that when the General Ac- and blue. But I do not see how you are vote on the granddaddy of all of the counting Office and others have talked going to get incentives for the kind of subsidy programs for the oil industry. about billions and billions of taxpayer constructive thing Senator THOMAS has This is the big one. This is the one dollars flooding out the door. But I been talking about if you are shoveling that counts. And the Senate will not, think it shows to what extraordinary money out the door for wasteful pro- as a result of the discussion between lengths some will go to protect this grams like royalty relief. the Senator from Nevada and the Sen- program, which is such an inefficient So I see the Senator from New Mex- ator from Mississippi, be allowing a use of taxpayer dollars. ico is on his feet. I say to the chair- vote on it. I believe that is a bad deal. My goodness, there are a lot of ways man, the distinguished Senator from It is a bad deal for taxpayers. It is a you could use $20 billion to $60 billion. Colorado had asked I recognize him bad deal for our country. I do not be- How do you explain you are trying to first. But let us structure this so the lieve that is the way the Senate ought pay for an emergency spending bill Senator from Colorado can ask his to be doing business. But that is the when the Government does not have question, and then we will structure judgment of the Senate. I respect the the money to cover the emergency this so we can hear from the chairman judgment of the Senate. spending and yet you are still shov- of the committee. And let us now—— eling out billions and billions of tax- The Senator from Colorado. Mr. SALAZAR. Madam President, payer dollars, at a time when the The PRESIDING OFFICER (Ms. MUR- may I ask my colleague from Oregon to President of the United States, to his KOWSKI). The Senator from Colorado. yield a minute of time to me while credit, has said we do not need these Mr. SALAZAR. Madam President, I maintaining his right to the floor? incentives when the price of oil is over thank the Senator from Oregon for Mr. WYDEN. I certainly want to do $50 a barrel? yielding a minute for a question. I that as part of our consent agreement.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3666 CONGRESSIONAL RECORD — SENATE April 27, 2006 I think we are winding down to a close. I have made it clear I am not inter- existing threshold; therefore, it yields The Senator from New Mexico is no ested in being first in line. I am not in- nothing. I don’t know what else we can longer standing, but if he desires to ask terested or committed to being part of do. Why should we let you have a vote a question, I want to give him the op- even the first cluster of votes. That is on that? I am going to offer an amend- portunity to do it. not asking for special treatment. That ment to that, a second-degree amend- Does the Senator from Colorado seek is asking that the Senate do what it ment that is very simple. I ask unani- to ask a question? has done again and again and again. It mous consent that I be allowed to offer Mr. SALAZAR. I seek to ask a ques- is the custom of the Senate but appar- a second-degree amendment. tion and to make a unanimous consent ently will not be the practice that is Mr. WYDEN. Reserving the right to request that following the conclusion followed with respect to this sweet- object—— of your presentation here that we move heart deal that wastes billions of tax- Mr. DOMENICI. I withdraw the re- forward to the consideration of an payer dollars at a crucial time in our quest and yield the floor. amendment I will send to the desk, and country’s history. The PRESIDING OFFICER. The Sen- to establish also that Senator CONRAD Mr. DOMENICI. Will the Senator ator from Oregon has the floor. from North Dakota be given the oppor- yield for a question? Mr. WYDEN. Madam President, I tunity to send an amendment to the Mr. WYDEN. I am happy to yield for would like to respond briefly to the desk and to speak on it, as well as I be- a question. Senator from New Mexico, who I lieve there are Senators on the chair- Mr. DOMENICI. I say to the Senator, thought was going to ask a question. I man’s side who would also like to offer while you have been here many hours, see he is leaving the floor, but I would an amendment, including Senator I have been here a few this afternoon. first say that if the distinguished Sen- COBURN. So hopefully we could come up This is a very unusual setting. You ator from New Mexico thinks what I with some kind of arrangement that al- speak of your rights. We have rights, am proposing is meaningless, I can’t lows us to move forward in an orderly too. You have the floor. We cannot de- figure out why so many people have fashion that can then assure that sev- bate the issue the way things are. If spent so much time and so much effort eral other amendments can be consid- you would like to debate this, I would trying to avoid a vote on it. I don’t get ered yet this afternoon. like to debate it because you have had that. If this is so meaningless and so Mr. COCHRAN addressed the Chair. some free time here to talk about useless, it would seem to me we could Mr. WYDEN. Reserving the right to something that is not so. have disposed of it about 10:15 in the object. I have already asked you once, and I morning. The PRESIDING OFFICER. The Sen- will ask you again—I will ask you It is clear that the reason there has ator from Oregon still has the floor. whether or not—I will ask it a different been all this opposition to the amend- Mr. WYDEN. Thank you, Madam ment is because it really does address a President. way: How much do you think the Con- I am very interested in getting on gressional Budget Office says your key kind of question, and that is sav- with this. I do want to show deference amendment—this great amendment ing taxpayers money. If it were mean- to my good friend, the chair of the full that is going to stop all of this thiev- ingless, we could have gone to a vote hours and hours ago. The people who committee, Senator DOMENICI. So what ery—can you tell us how much it is I would like to do next, before we try going to yield to the taxpayers of the have pushed the hardest for this pro- to finally work this out, is to, again, United States? I will tell you the an- gram have always tried to do it in the consistent with the unanimous consent swer. The Congressional Budget Office shadows. This program was expanded agreement—if the chair of our full En- says zero. after midnight in the energy con- ergy Committee, on which I am proud You understand, this great amend- ference committee. The distinguished to serve, would like to be recognized ment that has been spoken of, this Senator from New Mexico has left the for a question, I would be happy to do process that he has—I don’t know what floor, which is unfortunate because I that. it is. It is an amendment that sets a would like to engage him in a dialog. Mr. DOMENICI. Madam President, I threshold. It sets a threshold that is All that I have sought, as dem- say to the Senator, I have no question higher than the threshold that exists onstrated through Senator REID, is an at this point. I thought the Senator that was already established by the opportunity to vote on this issue. was getting close to a point where he Secretary of the Interior. To once again deal with the key was going to withdraw his amendment, I don’t know how in the world, I ask point the Senator from New Mexico has after which time I was going to speak. the distinguished Senator, that is made, nothing in this amendment says If that is not the case, then we will do going to yield anything to the people of the threshold couldn’t be lower for dis- something else. this country. Maybe you can explain it pensing this money. It simply says we Mr. WYDEN. Reclaiming my time, so to us. I believe it is going to yield zero should set an upper level that reflects the Senate is clear, I have absolutely because the amendment is meaningless what the President of the United no intention of withdrawing my the way it is drawn. It is not a pro- States has said. If this amendment is amendment. But it is evident, as a re- gram. It is not a process. It is an as meaningless as the distinguished sult of the discussion between Senator amendment that sets a new threshold, Senator from New Mexico has said, REID and Senator COCHRAN, that there I say to Senator SALAZAR, a threshold let’s go to a vote. Let’s vote on it and is no inclination or willingness on the that is not even needed because the save taxpayers money. part of some in the Senate for us to do Secretary has already set a threshold The General Accounting Office says what we customarily do, which is to that does more for the taxpayer than this program is going to cost a min- take up these amendments, Senators his amendment. imum of $20 billion. If the litigation is talk about them, and after a number of So I don’t know what we are down successful, it will be $80 billion. While them are talked about, we cluster the here arguing about. I have been wait- I have great respect for the Senator votes, we inform Senators of both po- ing my turn until I cannot wait any from New Mexico, his argument that litical parties, and the Senate is held longer. all of this never costs or saves any- accountable. So I have just violated the rules. I thing is what we have been hearing for I see the distinguished Senator from didn’t ask a question, I gave a speech. years. We were told in the energy con- Virginia here, Mr. WARNER, who, again, I hope you listened. The speech is: The ference agreement between the House has seen many more instances of the Congressional Budget Office says this and the Senate that this program costs Senate trying to work its will than I. grandiose amendment that is going to taxpayers nothing. Backers of this pro- But I would only say, in the time I stop the grandfather of all thievery is gram in the debate between the House have been here, virtually every week going to yield zero dollars to the Treas- and the Senate said with a straight the Senate does what I have been seek- ury of the United States. I assume that face that royalty relief costs taxpayers ing, which is that Senators discuss means that it is not effective, it does nothing. Now we have heard an argu- their amendments, they are then clus- nothing. It does nothing because—I ment that an effort to rein in the cost tered, and at some point the Senate just told you why it does nothing. It of this program is meaningless as well. has a vote. sets a threshold that is higher than the I guess because, once again, we are

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3667 hearing that none of this costs money. to save taxpayers billions and billions am going to be back making this fight It doesn’t save any money. I guess this of dollars on what amounts to the big- again and again, if the people of Oregon program just happens by osmosis. gest giveaway to the oil industry. This are willing. That is not what the General Ac- is the one which really counts. Various Madam President, in deference to my counting Office says. If the litigation other programs are a small fraction of colleagues who have been extraor- involving this Royalty Relief Program the cost of it. I would stay here for as dinarily patient in the course of the is successful and taxpayers are out $80 long as it took, if I thought the other day, while I do not withdraw my billion, the people of this country are side was willing at any point in any amendment, I yield the floor. going to remember this day. They are kind of fashion to allow an up-or-down Mr. REID. Would the Chair rule on going to say that the Senate had a vote on whether we are going to be on the unanimous consent request? chance on a bipartisan basis to do the side of the taxpayers or whether we The PRESIDING OFFICER. Would something sensible, and that is to re- are going to continue to side with the the Senator restate the request? configure this program to ensure that oil companies and protect a program Mr. REID. That we go into a 5- there is royalty relief when it is need- which all the independent auditors say minute quorum call, after which Sen- ed. The legislation says the President is a great waste of money. ator COCHRAN would be recognized. can run the Royalty Relief Program if But what we have seen over the The PRESIDING OFFICER. The Sen- there is any evidence that it would dis- course of the last 51⁄2 hours is that the ator can seek consent for the Senator rupt supply. The amendment says that Senate is not going to be able on this to be recognized after the quorum call if the price goes down, of course, the issue to operate the way it customarily has been called off. He cannot limit the original rationale for this program, does, where you have amendments de- length of the quorum call. royalty relief could be paid. bated and discussed and then they are Mr. REID. I ask unanimous consent This amendment puts in place the clustered for a vote. As summed up by that after the quorum call is termi- kinds of safeguards we need for a the distinguished Senator from New nated, Senator COCHRAN be recognized. changing environment in the energy Mexico, they think something like The PRESIDING OFFICER. Without field. What it doesn’t do is continue to this, once again, doesn’t cost anything, objection, it is so ordered. write blank checks to a handful of spe- when everybody who has looked at it Mr. REID. I suggest the absence of a cial interests who even the author of independently says it is a huge drain of quorum. the program has now described as get- taxpayer money. I want to protect the The PRESIDING OFFICER. The ting something and being part of a pro- middle-class folks and the folks who clerk will call the roll. gram that was different than what he are hurting, whose taxpayer money The legislative clerk proceeded to intended. This is not somebody who is flows in to Government and then flows call the roll. hostile to the program; this is some- out for this program at a time when Mr. SALAZAR. Madam President, I body who wrote the law and said this is the President of the United States has ask unanimous consent that the order not what was intended. said the subsidy is not needed. for the quorum call be rescinded. Mr. REID. Will the Senator yield for I would stay here all through the The PRESIDING OFFICER. Without a question? night if I thought the opponents were objection, it is so ordered. Mr. WYDEN. I am happy to yield. I ever going to allow a vote. It is clear The order was to recognize the Sen- thank the distinguished Senator from they are not. ator from Mississippi. Nevada for coming to the floor earlier We are going to come back to fight Mr. COCHRAN. Madam President, I and trying to get the opportunity for a this another day, just as in the con- appreciate the fact that we are now vote on my amendment. ference agreement, where those special prepared, I assume, to proceed with Mr. REID. Madam President, the interests sweetened the pot. consideration of other amendments on Senator from Oregon has clearly estab- Mr. REID. Will the Senator yield for the emergency supplemental bill, H.R. lished that he will not get a vote on another question? 4939. For the information of Senators this most important amendment. I am Mr. WYDEN. I am happy to yield. who would like to know what the sta- disappointed. There are many dis- Mr. REID. I say to my friend from tus is, we have over 20 amendments appointed Senators. I am sure there are Oregon—an athlete, went to college on that have been filed and are pending millions of disappointed Americans. a basketball scholarship, certainly he before the Senate. A number of those There are a number of Senators here has the stamina to stand as long as have been offered by the Senator from who wish to offer amendments. For necessary—that the point has been Oklahoma, Mr. COBURN, who divided lack of a better way of describing this, made. I, therefore, ask at the end of his amendment No. 3641 into 19 divisions. I reflect back on a time when I was speaking for another 3 minutes that we As I understand the parliamentary sit- doing something similar to the Senator go into a quorum call and when the uation, each one of these divisions is from Oregon, and Senator BYRD was quorum call is called off, Senator COCH- considered under our procedures as a the leader of the Democrats at the RAN then would be recognized. separate amendment and a separate time. Mr. WYDEN. Reserving the right to vote could occur on each. He said to me: Would the Senator object, and it is not my desire to ob- I am further advised that the Senator yield? And I said yes. He said: How ject, I think the point has been made. from Oklahoma would like to call up much longer are you going to talk? So This is a sad day for the taxpayers of some of these amendments and have I reflect back on those days. I told him this country. When folks pull in to the them debated and disposed of. I had a goal that I wanted to make. He gas station tonight and in the days There are other amendments. For ex- said: Fine. Shortly thereafter, we went ahead and they pay these record prices ample, last night there were four filed on to other matters. and they see these record profits, I by the Senator from Louisiana, Mr. I am wondering, because we have hope they may have heard a little bit VITTER, which remain pending. The other Senators on both sides of the of the discussion here today, that while Senator from Arizona, Mr. MCCAIN, aisle to either offer amendments or do they are getting clobbered at the likewise has four amendments pending. some voting, does the Senator have an pump, the taxpayers are spending need- Senator WARNER of Virginia has two idea how much longer he has a right to lessly billions and billions of dollars, amendments pending. The Senator maintain the floor? billions of dollars that are being wast- from Iowa, Mr. HARKIN, has an amend- Mr. WYDEN. I appreciate the Sen- ed, not by my determination but by ment that is pending. The Senator ator’s question, particularly in def- independent auditors. I wish that today from Pennsylvania, Mr. SANTORUM, has erence to colleagues on both sides of we could have done right by all those an amendment. The Senator from Or- the aisle and all the help the distin- middle-class folks and our citizens who egon, Mr. WYDEN, has debated and dis- guished leader has given me through- pull up to the gas station. This is the cussed his amendment at length today. out. I would say that I would stay here big one, folks, in terms of energy sub- These are amendments which are al- all night. I would stay here until they sidies. This is the one with the most ready pending. It is my hope that we literally had to take me off the floor money. This is the one there is no log- can dispose of some of those amend- because I couldn’t stay here any longer ical case for when oil is $70 a barrel. I ments before proceeding to consider

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3668 CONGRESSIONAL RECORD — SENATE April 27, 2006 other amendments. That is my sugges- The PRESIDING OFFICER. The est mountain pine beetle infestation in tion for an orderly procedure that the clerk will report. 20 years, with nearly 1.1 million acres Senate should follow. The legislative clerk read as follows: infested in 2005, compared to 675,000 in I know the Senator from Colorado The Senator from Colorado [Mr. SALAZAR] 2004. The State of Washington is re- has been on the floor from time to time proposes an amendment numbered 3645. porting a mountain pine beetle epi- today indicating that he has an amend- Madam President, I ask unanimous demic, and 554,000 acres are now in- ment he would like to offer. I don’t consent that further reading of the fected, which is a 28-percent increase want to stand in the way of his offering amendment be dispensed with. from the previous year. Meanwhile, my that amendment, but I say this to the The PRESIDING OFFICER. Without State of Colorado has over 1.5 million Senate just to give everyone equal in- objection, it is so ordered. acres that have been infested by bark formation and knowledge of the status The amendment is as follows: beetles. After these infestations come of the bill. We need to proceed to get through a forest, they leave behind en- these amendments disposed of—agreed (Purpose: To provide funding for critical haz- ardous fuels and forest health projects to tire stands of trees—sometimes thou- to or defeated or amended and agreed reduce the risk of catastrophic fires and sands of acres—that are more suscep- to or whatever is the pleasure of the mitigate the effects of widespread insect tible to fire due to the dried-out condi- Senate. I don’t intend to try to limit infestations) tions and increased fuel loads in those Senators in how long they can speak, On page 246, between lines 8 and 9, insert forests. but I hope we will not abuse the rules the following: I believe we must consider this situa- of the Senate to make arguments that HAZARDOUS FUELS AND FOREST HEALTH tion from the point of view of our rural prolong the debate on the supplemental PROJECTS communities throughout the West. appropriations bill. That is the subject SEC. llll. In addition to any other Many of these communities are sur- before the Senate. I hope we can stick funds made available by this Act, there is ap- rounded by already dry forests. These to the subject. propriated to the Secretary of Agriculture, communities are now contending with Having said that, I am happy to yield acting through the Chief of the Forest Serv- insect infestations that are further in- the floor, and we will be glad to work ice, Wildland Fire Management, $30,000,000 creasing the fire danger. When you with other Senators to either work out for hazardous fuels and forest health projects combine these factors, I believe the agreements on amendments, have votes focused on reducing the risk of catastrophic local communities are very right to be on amendments, vote to table amend- fires and mitigating the effects of widespread alarmed and concerned that the ingre- ments, or whatever the pleasure of the insect infestations: Provided, That the amount provided under this heading is des- dients are here for catastrophic fires in Senate may be. the coming fire season. The PRESIDING OFFICER. The Sen- ignated as an emergency requirement pursu- ant to section 402 of H. Con. Res. 95 (109th Just this week, an article in USA ator from Colorado is recognized. Congress), the concurrent resolution on the Today noted that Federal forecasters Mr. SALAZAR. Madam President, I budget for fiscal year 2006. predict the wildfire potential this ask unanimous consent that the pend- Mr. SALAZAR. Madam President, I spring and summer is ‘‘significantly ing business be set aside. higher than normal’’ and that the areas The PRESIDING OFFICER. Is there rise today to offer a very straight- at risk, from Alaska to the east coast, objection? forward amendment to the emergency ‘‘are so far-flung that the Federal Gov- Mr. COBURN. Madam President, re- supplemental appropriations bill before serving the right to object, I have been us. I offer this amendment because we ernment’s more than 20,000 firefighters on the floor for 4 hours today. I filed in the United States, especially in the and fleets of ground and air support amendments, brought them up before western part of the country, are look- could be spread thin if fire danger lin- anybody else brought an amendment ing at a great fire disaster emergency gers long in any area.’’ The Forest Service annually con- up here, other than four prior ones that that requires this Senate in a last ducts hazardous fuels and forest health I brought up. chance to address the issue and do I don’t want to stop anybody from of- something about the fires that will projects. However, the funding avail- fering amendments, but the way we rage across the West in the summer. able to the Forest Service is not living clear them is to debate the ones al- The emergency is created by the ex- up to the commitments made by Con- ready on line. Those of us who have treme threat of wildfires as a result of gress in the Healthy Forests Restora- tion Act. Healthy Forests authorizes amendments that have been out and of- the great droughts we have had as well $760 million a year for hazardous fuels fered, I suggest that the regular order as widespread insect infestations that projects, and Congress has appro- ought to go forward, and as we finish make massive fires a reality across the priated less than $500 million of those those—nobody is planning on cutting West. I am pleased to be joined in this funds per year. The funding is simply that off or trying to limit anybody. amendment by Senator MAX BAUCUS. not keeping up with the increasing With that, I believe the proper thing In the West, the seasonal wildfire po- needs that today have been estimated for us to do would be to go to the reg- tential outlook map shows above-nor- at over $1 billion per year. ular order. mal fire danger in the Western United The PRESIDING OFFICER. Does the My amendment will provide the U.S. States. Arizona, New Mexico, Colorado, Forest Service with an additional $30 Senator object? Utah, Nevada, and Idaho have in- Mr. SALAZAR. Madam President, re- million to conduct critical hazardous creased fire dangers to contend with, as serving the right to object, I, likewise, fuels and forest health projects to re- well as the State of Montana. The out- have been in this Chamber for many duce the risk of catastrophic fires and look also shows Texas, Louisiana, Ala- hours just like the Senator, waiting to to mitigate the effects of widespread bama, Mississippi, Georgia, and Florida get back to the regular order and to insect infestations. allow amendments to come forward to have increased fire risks. While the Private land owners and local gov- and to debate those amendments. I Southeast United States may not have ernments are doing all they can to don’t intend to speak long in offering as much Forest Service land as the combat this problem. They are using my amendment. West, that region has its hands full chainsaws to protect their homes, they I ask unanimous consent that I may cleaning up from the hurricanes. I sup- are spraying trees, and they are devis- offer my amendment, speak on it for no port the supplemental bill for that pur- ing protection plans. They wonder, more than 5 minutes, and then fol- pose, as well as to support our troops in however, if they are not alone in this lowing my presentation, the Senator Iraq and Afghanistan and other places. fight. They wonder if the Federal Gov- from Oklahoma be recognized. At the same time, many western for- ernment is asleep at the wheel in the The PRESIDING OFFICER. Is there ests are facing a force that is leaving face of this potential disaster. objection? thousands upon thousands of acres of This year, we know, could be worse Without objection, it is so ordered. our forests subject to fire in local com- than other years in the West. We must The Senator from Colorado is recog- munity after local community. It is provide emergency funding so that the nized. something I believe the Senate must Forest Service can conduct hazardous AMENDMENT NO. 3645 act on now that we have the oppor- fuels and forest health projects that Mr. SALAZAR. Madam President, I tunity. Montana and northern Idaho, are already approved and are sitting on call up amendment No. 3645. for example, are experiencing the larg- the shelf.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3669 I agree with many colleagues who motional sequence. As a matter of fact, have nothing to do with national secu- have raised legitimate concerns about there is a Louisiana Seafood already in rity, defense, or with the emergency adding spending to this bill that is not existence. Katrina. We already have enough sig- really intended to address an emer- So what we are going to do is take natures on a letter saying we will sus- gency situation. But that is not the and give $15 million to a private entity tain that veto. So we are going to end case with this amendment. This of the seafood producers to spend to in- up doing this. amendment addresses a real imminent crease demand for seafood. That may I think a lot of this is an exercise in threat, and the situation is urgent. We be all right, but that is certainly not futility. People cannot resist the op- must take action now. I am reminded an emergency. It is certainly not some- portunity to come forward where they by the reports of spring fires in Colo- thing that should be in an emergency can be seen offering more and more of rado, where we have seen 13 firefighters bill that isn’t going to be paid for by us the taxpayers’ money for something killed in a fire at Storm King, 135,000 but by our children and grandchildren. that is not an emergency. I only want- acres of land burned in what was called I am not objecting to the fact that ed to say I applaud him for doing this. the Hayman Fire, which consumed a we want to try to increase the demand I think he is being overworked. Hope- large part of four counties of the State for seafood, but if you look at the fully, we will have this solution with of Colorado. facts, the real problem our fisheries are the President’s veto. We should not be I urge my colleagues to support this having, especially with shrimp and in a position where we are having to do amendment. those kinds of things, is with foreign that. I ask unanimous consent that Sen- competition. As you look at the prob- I applaud the Senator for what he is ator MCCAIN and Senator WARNER and lems associated with it, there are more doing. That is my question. Senator LEVIN be added as cosponsors in terms of competition than there are Mr. COBURN. Madam President, re- to the fallen hero amendment, which I in terms of lack of supply. claiming my time, the other point I have offered. It is No. 3643. This is real simple. Why should we be wish to make is the proponents say The PRESIDING OFFICER. Is there subsidizing for one industry what we this is to create a new niche market to objection? Without objection, it is so don’t subsidize for any other industry? reestablish the shrimp sales of the gulf ordered. The National Oceanic and Atmospheric coast. I want to help the gulf coast. I Mr. SALAZAR. Madam President, I Administration is where this money is want to help them recover, but I want ask unanimous consent that Senator going to go. There is nothing in the bill to do it in a way that builds a long- BINGAMAN be added as a cosponsor to to tell them what to do with it. Ac- term, satisfactory, strong fishing in- my amendment on improvised explo- cording to them, ‘‘We have no plans for dustry down there. sive device training. It is No. 3644. how to spend this money.’’ That is We are at an all-time high in the con- The PRESIDING OFFICER. Without what NOAA said. They have no plans. sumption of seafood. Where our shrimp objection, it is so ordered. It is not in the report language or in industry has been hurt is through Mr. SALAZAR. Madam President, the bill. So what will happen is the globalization. The fact is, the real dam- my colleague from Oklahoma is seek- committee will tell them how to spend age done to that industry, besides what ing recognition. I appreciate his cour- the money. We won’t know how it is; it has happened as a result of the hurri- tesy, and I look forward to his debate is not published now. If we don’t make cane, is they are getting beat in the on this amendment. a decision, we are not going to know. world market. The PRESIDING OFFICER. The Sen- Is there going to be oversight? Is I ask the Members of this body to ator from Oklahoma is recognized. somebody going to take a million-dol- think: Do we want to start this, and AMENDMENT NO. 3641, DIVISION II lar salary out of this $15 million? We should we be doing it when cattle Mr. COBURN. Madam President, I don’t know. We don’t have a mecha- prices are down and producing more ask that division II of my amendment nism in place to manage it. That is the beef? Should we do it for the beef pro- No. 3641 be in order at this time. problem. If this had come through an ducers? Should we do it for the chicken The PRESIDING OFFICER. The Sen- authorizing committee, studied by our farmers? In other words, should they ator has a right to ask for the regular peers, and they said this is something not participate in paying for this rath- order with respect to his amendment. in the long-term best interests of our er than everybody else in America pay- Division II is pending. country, then I probably would not be ing for it? Mr. COBURN. Madam President, I raising this issue. But I don’t think I would portend this is something thank the chairman for protecting my that is what has happened here. that is not what we should be doing right to be back on the floor in regular Mr. INHOFE. Will the Senator yield? and it is not just about not wanting to order. But I want to go through again Mr. COBURN. I will be happy to help those people. I want to help them, with the American people what is sup- yield. but I don’t believe this is the way to do posed to be an emergency bill by our Mr. INHOFE. Madam President, I ap- it. This is a small amount of money in own rules: It is a bill that is necessary, preciate the Senator yielding. My fel- this $104 billion-plus bill, but it is a essential, and vital; sudden, quickly low Senator from Oklahoma has done a principle as we walk down the line: coming into being, not building up over yeoman’s job of trying to remind peo- how do we say no to all these other ag- time; it is an urgent, pressing, and ple that this is supposed to be an emer- ricultural interests when we have said compelling need requiring immediate gency supplemental. In every case yes to one. action; it is unforeseen, unpredictable, about which he has spoken, there is I am very worried with the wording unanticipated, and not permanent but nothing emergency about them. in the report language that requires temporary only in nature. I appreciate the fact that he talks the committee to run this rather than This second division of my amend- about going through the authorization requires the bureaucracy to run it ment is an amendment that removes process. We have a process that has when there is no instruction for the bu- $15 million. It is simple. In this bill is been working for some time that has a reaucracy, which means it is not going $15 million for the promotion of sea- lot of checks and balances. I happen to to have sunshine and it is not going to food. Seafood consumption in this chair the Environment and Public have oversight. I think that is part of country is at an all-time high. If you Works Committee. We go through au- our problems with spending as well. look around the country, look on tele- thorization and the appropriators come I see the distinguished Senator from vision, look at magazines—the beef along. Alabama is here. I will be happy to producers do this, but they get no Fed- I applaud him for reminding people yield time to him for debate on this eral money. The pork producers do what is an emergency and what is not. issue. this, but they get no Federal money. Let me remind my fellow Senators that The PRESIDING OFFICER (Mr. The poultry producers do this, but they we have a President of the United CHAFEE). The Senator from Alabama. get no Federal money. The milk pro- States who agrees with the Senator Mr. SHELBY. Mr. President, today ducers do this, but they get no Federal from Oklahoma. The President has said we continue to debate the provisions of money in terms of their promotion. he is going to veto this bill on the H.R. 4939, the bill providing additional They pay individually to have a pro- items that are not emergencies and 2006 supplemental appropriations for

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Therefore, marketing efforts to I support it in the vast majority of devastated fishing industry in the Gulf reassure consumers that the seafood is cases. Earmark reform, for instance, is of Mexico. safe are not wasteful but, rather, essen- something we desperately need in Con- The Senate’s funding recommenda- tial to the efforts to restore this indus- gress, and I strongly supported those tions affecting the gulf coast fishing try. efforts a few weeks ago when they were industry were developed by the States The 2006 supplemental appropriations before us, and I continue to strongly Fisheries Commission and the Gulf of bill, as reported by the Senate Appro- support those efforts. Mexico Fishery Management Council priations Committee, contains signifi- I have no problem with the light of to meet local needs in cooperation with cant funding to address many needs of day being shone on all of these issues Federal partners, including NOAA’s the devastated fishing industry in the and our having to justify all specific National Marine Fisheries Service. gulf coast. I encourage my colleagues spending items. So I compliment him The Gulf of Mexico is home to a sig- to support the bill as reported and op- on his work in general. nificant share of the U.S. fishing indus- pose any amendments that might pro- But it is in that spirit that I stand to try, representing almost 20 percent of pose to strike funding provided for fish- proudly defend this seafood marketing commercial landings and roughly 30 eries assistance. issue and to completely rebut some no- percent of saltwater recreational fish- I yield the floor. tion that it has nothing to do with the ing trips. The 2005 hurricane season The PRESIDING OFFICER. The Sen- hurricanes and nothing to do with an had a major impact on both of these ator from Louisiana. emergency situation. maritime sectors, but it also dev- Mr. VITTER. Mr. President, I, too, Really, what the argument comes astated their shore-based infrastruc- rise in strong support of the fisheries down to is two words, two words that ture, ports, and facilities that commer- and seafood provisions in this supple- we heard on television over and over cial harvesters and fishermen rely on, mental appropriations bill to help a again for weeks after the storm. And such as docks, wharves, processing very important industry simply begin the two words are ‘‘toxic soup.’’ I have to tell my colleagues that the plants, distribution centers, and mari- to get back on its feet on the gulf media coverage after the storm really nas. coast. This is a vitally important in- frustrated me. I grew up in New Orle- Offshore, the hurricanes annihilated dustry, not just for the gulf coast but ans, LA. I was there in Louisiana. Ob- entire oyster beds along the gulf coast for all of America. viously, I represent Louisiana now in which has an immediate and long-term I am very proud of Louisiana and our the Senate. I was living through the impact to the oyster harvesting indus- coastline and our fisheries. We are the devastation and the challenges, and we try. Considering that it will take years largest producer of fisheries in the had a lot of devastation, we had a lot of for many of the oyster beds to rebound, lower 48 States, second only in the challenges, we had a lot of screw-ups the current economic impacts are only country to the home State, of course, by all levels of government, certainly part of the assessment. of the Presiding Officer. So it is a true including State and local. Throughout the gulf coast, over 2,300 national priority in terms of the serv- But the media coverage got a few vessels were federally permitted for ice and the food we yield to the coun- things wrong, too. One of the things shrimping. The Presiding Officer, com- try. they got very wrong was the constant, ing from Alaska, knows a lot about With two hurricanes, our nationally unrelenting for weeks repetition of this fishing boats. The exact number of important fisheries sustained huge term ‘‘toxic soup.’’ To listen to the na- shrimp vessels damaged or destroyed damage. Individual fishermen and their tional media and the way they por- by the 2005 hurricanes is still largely families sustained huge damage. Ves- trayed the situation, all of the city of unknown. However, one only needs to sels, equipment, offloading and proc- New Orleans was covered with toxins visit coastal communities such as essing facilities, and oyster farms will that would leave it virtually uninhab- Bayou La Batre, Gulfport-Biloxi, and take years to recover. Because of this itable for decades to come, and because Empire-Venice to see the over- damage of truly historic proportions, of the toppling of rigs and other local- whelming effects these hurricanes had the administration, through the De- ized events which did occur in the gulf, on the entire fishing-based commu- partment of Commerce, made a dis- there was a toxic soup spreading nities along the gulf coast. With their aster declaration, which is appropriate throughout many areas of the gulf and boats gone and shoreside facilities de- under the law, for fisheries specifically. coastal Louisiana. stroyed, many businesses are having to However, for the first time in history, There were serious and real environ- rebuild literally from the ground up. they did not follow up that disaster mental issues. There were many envi- It is logical to presume that the dam- declaration with a request for certain ronmental issues, dozens, hundreds of age from last year’s hurricanes, cou- emergency funding to meet that dis- localized events, but they were ad- pled with the rise of diesel fuel costs, aster. dressed as quickly and completely as could result in the increase in the per- The work of the full committee in possible by the good national servants centage of fishermen filing for bank- the Senate, led by Senator COCHRAN, of the Coast Guard and many other ruptcy. This bill will stabilize the num- fills that gap by producing an impor- agencies. Although these events were ber of vessels in the fishery and rebuild tant section of this bill devoted for real and serious, they did not create, fishing facilities, allowing fishermen fisheries. I personally thank Senator they did not amount to this toxic soup the opportunity to harvest a greater COCHRAN for filling that gap because, we heard about over and over through proportion of the annual fish crop and again, it is a very real gap. the national media. increase their economic returns. We had a disaster declaration, the Again, the impression that was clear- Finally, I want to touch on the fund- highest ever in terms of fisheries losses ly left over and over was that all of ing that has been included in this bill and devastation in the United States, New Orleans and much of the gulf and for seafood marketing efforts because but we had no corresponding funding much of the gulf coast where fisheries it has been the target of much criti- request from the administration in were harvested was a toxic soup with cism on the floor. I believe this funding light of that disaster emergency dec- life-threatening toxins that would be in is extremely important to the overall laration. This section of the bill, again, the area and seep into the water and effort to restore this industry. We can- is enormously important to meet those seep into the ground and be factors for not deny the fact that many consumers needs. literally decades to come. became increasingly wary of gulf coast I want to turn specifically to the sea- When we have that sort of national seafood following Hurricane Katrina. food marketing section which has been media coverage 24 hours a day, dwell- That is natural. To that end, I believe a particular target of several Members, ing on this theme over and over for

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And that is paign. growing. why an informational campaign ad- AMENDMENT NO. 3626, AS MODIFIED We need to put this issue to rest and dressing, among other issues, that Mr. President, I quickly would like rebuild seafood markets lost due to ‘‘toxic soup’’ claim and the fact that it to address a small bit of housekeeping, these storms. This is critical to the re- is just pure fiction, has no basis in which is to ask unanimous consent to covery process. The five Gulf States es- timate that their fishing industries science, is very necessary for the im- modify language to an amendment I al- have suffered hundreds of millions of mediate health of this industry, and is ready have at the desk, No. 3626, to dollars in lost sales since these hurri- directly related to the emergency situ- take care of a technical matter, and canes. They will not be able to recover ation stemming from the hurricanes. the new language will be delivered to unless they get help in getting this in- I want to compliment several agen- the desk. dustry back on its feet and getting cies such as NOAA that have done im- The PRESIDING OFFICER. Without portant environmental testing and back into the marketplace. objection, it is so ordered. The key issue that the five Gulf other work since the hurricanes and The amendment, as modified, is as which certified that after thousands of State seafood promotion boards face is follows: that once the continuity of product has tests and sampling of water and sea- On page 166, line 12, insert before the colon food from the Gulf of Mexico, that the been lost in any marketplace, sales the following: ‘‘, and may be equal to not often are lost permanently to sub- seafood is absolutely safe to eat. The more than 50 percent of the annual operating States of Alabama and Mississippi and budget of the local government in any case stitute products and reclaiming those Louisiana, along with the U.S. Food in which that local government has suffered markets is a long term challenge. Add and Drug Administration, EPA, NOAA a loss of 25 percent or more in tax revenues the ‘‘toxic soup’’ concerns to the mix and others, have again analyzed hun- due to Hurricane Katrina or Hurricane Rita and the need for marketing is greater dreds of samples of fish and shellfish of 2005’’. than ever at a time when the state sea- from the waters. All of this testing Mr. VITTER. Mr. President, I yield food board budgets are dwindling or ex- across the board also proves that there the floor. pended. I will be brief because I know my col- is no broad-based toxic soup; there is The PRESIDING OFFICER. The Sen- league from Mississippi, and Senator absolutely no danger in terms of that ator from Mississippi. SHELBY from Alabama, who was the au- seafood from the gulf. Mr. LOTT. Mr President, the Gulf But as many thousands of these tests States from Texas to Florida have all thor of this portion of the supple- have been performed, guess what. Hard- been dealt serious blows this past hur- mental, have already covered these issues, and Mr. VITTER did a very good ly a single U.S. consumer has heard ricane season by Hurricanes Katrina, job. Maybe I can contribute to the de- about it. Hardly a single U.S. consumer Rita, Wilma, and Dennis. The needs are bate just by summing up how critical knows about it. So in terms of the via- tremendous across the entire Gulf this is and why this particular amend- bility of the industry, it really doesn’t Coast in the fishing communities ment, even though it involves only $15 matter, all of these tests being done, which were hit hardest and first. Be- million, should be defeated. It is an im- because it is not common knowledge, fore these hurricanes, the gulf pro- duced about 15 percent of the Nation’s portant part of what is going on here. and the word has not gotten out. That First, let me emphasize, again, that domestic wild-caught seafood by is the biggest reason we absolutely from Texas to Florida, throughout the weight and about 20 percent by value. need this informational campaign, this Gulf of Mexico, Hurricanes Katrina, According to a National Oceanic and promotional campaign, again, that is Rita, Wilma, and Dennis have dev- Atmospheric Administration report, directly related to the emergency situ- astated the fishing communities. They these hurricanes shut down, damaged, ation produced by Hurricanes Katrina are an important part of our commu- or destroyed 90–100 percent of the com- and Rita. nities, our economy, and our culture. It mercial docking facilities, repair I would welcome Senator COBURN to is not just because we like to see the shops, ice houses, offloading facilities, put back up on his easel the definition shrimp boats sail off into the sunset or of emergency, the definition that we net makers, recreational marinas, bait see the oystermen out there tonging are supposed to be following for true and tackle shops, and seafood res- for oysters; it is because it is an impor- emergency measures. That definition taurants and retail markets in eastern tant part of the economy. Fifteen per- applies here because of the phe- Louisiana, with similar, if somewhat cent of the Nation’s domestic wild- nomenon I am talking about. That def- reduced, impacts in Mississippi and caught seafood by weight and 20 per- inition is absolutely applicable here be- Alabama. Most of these facilities re- cent of the value comes from the gulf cause we have an emergency situation main closed today, 9 months later. area. It is an area that makes an im- for the immediate future of our gulf On September 9, 2005, Secretary of portant economic contribution. It is an coast fisheries industry, again, that Commerce Gutierrez declared a fish- important part of the seafood industry were devastated by the hurricanes, and eries disaster for the Gulf of Mexico nationally, and it has never been prop- much of the fisheries section of this under the Magnuson-Stevens Act, erly marketed or exploited in the bill goes to that, trying to get proc- which authorizes fisheries disaster as- terms that it should be. We have al- essing plants and boats and docks and sistance in such situations. Of the al- ready had problems with imports being essential equipment back and repaired, most $90 billion in disaster funding ap- flooded into the country in a way that back up and running, and that is im- propriated by the Congress since these undermines the industry, and now we portant. But just as important is the hurricanes, none has been directed at have been hit by these hurricanes. enormous harm that was caused after these fishing communities. I emphasize this, too: that while we the storm by very flawed national On top of the difficulty that gulf fish- have passed some $90 billion—in excess media coverage and a lot of misin- ermen are experiencing in rebuilding of that—for disaster funding as a result formation summarized by those two their ability to catch and process gulf of these hurricanes, none of it, zero, words, ‘‘toxic soup.’’ That is why this seafood, they are also faced with the has gone to these fishermen and to the informational campaign, this pro- hurdle of getting that catch into the fishing industry, for a variety of rea- motional campaign is an emergency national marketplace. sons. situation and is directly related to the One issue that continues to hurt Gulf First of all, it takes time to ascer- hurricanes and absolutely meets every of Mexico fisheries products is the la- tain what the damages are. But when one of the definitions Senator COBURN beling of the coastal Gulf of Mexico you lose it all, when you lose the proc- rightly says we must be guided by. waters by the media as ‘‘toxic soup’’ essing plants, the boats, the whole in- With that, Mr. President, I will close. during the first few months after dustry, it takes time to assess what we But in doing so, I urge all of my col- Katrina. For example, Anderson Cooper have lost and how we are going to re- leagues to please support the very im- of CNN led a Katrina follow-up story pair it, and how do we recover from the

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The board has re- campaign, and it grows and grows and shops, ice houses, offloading facilities, ceived—this Alaska Fisheries Mar- grows. netmakers, the whole thing. keting Board—has received over $30 Today, in the Wall Street Journal, Once you lose that market, it is dif- million from the Federal Government there is a poll. It says: ‘‘Republicans ficult to get it back—maybe impos- since 2003 from similar provisions in sag in new poll.’’ I found it very inter- sible—but we have to make that effort. appropriations bills. Last year, this esting that in describing the poll, in This is an important food, it is an im- board used a half million dollars to pay particular, Americans who don’t ap- portant resource. It is an important Alaska Airlines to paint a giant salm- prove of Congress blame their sour value for the people. And the only way on on a 737. We called it the ‘‘salmon- mood on partisan contention and grid- we are going to get it back is we are 30-salmon,’’ proving that fish do fly, lock in Washington. Some 44 percent going to have to help them repair their thanks to the American taxpayer. call themselves tired of Republicans vessels and to recover the losses they According to a recent survey by Har- and Democrats fighting each other. have had. ris Interactive, 73 percent of all Ameri- Among all Americans, a 39-percent plu- A lot of these, by the way, are mi- cans say they eat seafood at least once rality say the single most important norities. In Biloxi, MS, a lot of these a month, and 47 percent of all Ameri- thing for Congress to accomplish this fishermen are Vietnamese or cans consume more seafood now than year is curtailing budgetary earmarks Slovonians or Frenchmen, but a lot of they did 5 years ago. These record con- benefiting only certain constituents. them are Vietnamese who lost their sumption levels were achieved without I want to repeat that, Mr. President. house, their truck, their boat, their a pricey marketing campaign financed A 39-percent plurality of Americans are livelihood. It would make you cry to by American taxpayers. It appears that sick and tired of the earmarking proc- see these people. This is clearly an area Charlie the Tuna and the Chicken of ess that is going on. Now, when are we where we should provide this help. the Sea mermaid are doing their jobs going to respond to the American peo- So what this particular part would do just fine, without any help from the ple? Everyplace I go, every town hall would be to focus on us regaining the Federal Government. meeting I attend, my constituents tell markets we lost. It is an important Additionally, a recent CRS report me they are sick and tired of this. And, part of the recovery process. The five states: now, according to a Wall Street Jour- gulf States estimate that their fishing The marketability of catch from the gulf nal NBC poll, a 39-percent plurality say industries have suffered hundreds of coast appears little affected by contamina- the single most important thing for millions of dollars in lost sales since tion from storm runoff or consumers’ con- Congress to accomplish this year is the hurricanes. The key issue that the cerns. curtailing budgetary earmarks bene- five gulf States’ seafood promotion Mr. President, let me save the Amer- fiting only certain constituents. boards face is that once the continuity ican taxpayers $15 million right now by This is a graphic example of what the of the product is broken, getting it telling all Americans now to eat sea- American people are sick and tired of. By the way, immigration reform back takes effort and time. And then food. Eat seafood. It is good for you. ranks behind earmarks in congres- we add to that the bad publicity of the There we go. C–SPAN has millions of sional action that is desired by the so-called ‘‘toxic soup,’’ which was an viewers, and they have heard the mes- American people. It concludes by say- exaggeration from the beginning, by sage. So the marketing campaign is ing: the way, we have to overcome that. complete. With the Federal budget def- As a matter of fact, we find that the icit forecasted to reach $477 billion this Americans take dim views of both parties, catch that is possible out there could giving Democrats a positive rating of just 33 year, I doubt the American taxpayer be very good. The problem is we don’t percent and Republicans 35 percent. would approve of Congress spending $15 have the boats to get them. We don’t We are at an all-time low in the fa- have the plants to deal with them when million to promote the consumption of vorable opinion of the American peo- they come in. seafood when Americans are already ple. This is an example. This $15 mil- So I urge my colleagues, if there is consuming record amounts of seafood. lion is a very small but compelling ex- anyplace that we ought to be providing Lastly, the CRS report also found ample of our need to change the way some help, it is the fisheries industry. that prior to Hurricane Katrina, the we do business. If we vote again to It is absolutely a part of the critical re- gulf coast commercial shrimpers had keep this in this bill, we are sending covery, just as much or more so than been losing market share to ‘‘competi- the message to the American people being able to have a way to rebuild tion from less expensive foreign im- that it is business as usual. your home or repair your home. You ports and domestic harvesters for sev- I yield the floor. have to have a job. For these people, eral years.’’ Therefore, this $15 million The PRESIDING OFFICER. The Sen- there are not many other options for marketing campaign seems to be tar- ator from Mississippi. jobs. So I urge the defeat of the amend- geted more toward stemming the suc- Mr. COCHRAN. Mr. President, it is ment. I commend Senator SHELBY and cess of less expensive imports than as- the responsibility of the National Ma- Senator COCHRAN for including this sisting the gulf coast region’s econ- rine Fisheries Service to assure Ameri- language in the bill. omy. cans of the safety and availability of I yield the floor. I ask my colleagues to join me in the seafood from U.S. oceans. The serv- The PRESIDING OFFICER. The Sen- supporting this amendment to strike ice has done extensive environmental ator from Arizona. the fishiest smelling pork in this bill. testing in the gulf, and it has shown no Mr. MCCAIN. Mr. President, I come Let me just make one additional increase in toxicity. The gulf seafood is in support of the amendment. I know comment, if I could. It is clear—it is just as safe as the seafood from Wash- that we don’t have too much time since very clear—that what we have here is a ington State or New England. the distinguished managers would like broken process. Any defense money This amendment strikes the funding to get this bill moving, but let me just that we are taking out should have that could be used for seafood mar- say that this is $15 million to be used, been part of the normal budgetary keting programs that get that informa- and I quote from the bill: ‘‘Seafood pro- process. I want to tell my colleagues tion to the consuming public. The Sen- motion strategy,’’ which is Congress’s that I and others have embarked on an ate should defeat the amendment. attempt to sell consumers pork effort to bring the emergency supple- Mr. President, I was going to move to masquerading as a fish. mental that pays for the Iraq war into table the amendment, but I understand Similar to other appropriations in the normal budgetary process. We have it is OK to have the vote on a voice this bill, this $15 million is not limited been at war for 3 years. This is the vote or show of hands. So I think we to marketing seafood from the gulf fourth year. There is no reason to do are ready to vote. coast region or other areas that were business like this. It bypasses the au- The PRESIDING OFFICER. The Sen- affected by Hurricane Katrina. thorization process, it bypasses any ator from Oklahoma.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3673 Mr. COBURN. Mr. President, I will Mr. BYRD. Mr. President, do I have The growing cost of this abominable agree with the chairman we are almost the floor? war in Iraq must come as a shock to ready. I just wanted to make a couple The PRESIDING OFFICER. The Sen- Americans who were led to expect a of points. ator from West Virginia has the floor. war that could be done on the cheap. Mr. COCHRAN. Wait a minute, I Mr. BYRD. I accede to the request of But we should pause to ask, at a time didn’t yield the floor. I am standing my chairman, but I ask unanimous when our Government is drowning in here. I asked for a vote. consent upon the completion of that red ink, how can it be that spending for I move to table the amendment, and vote I be recognized to offer an amend- the war in Iraq keeps increasing year I ask for the yeas and nays. ment. after year? The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without Passage of this supplemental appro- sufficient second? There is a sufficient objection, it is so ordered. priations bill will mean that Congress second. The question is on agreeing to divi- will have appropriated $320 billion for The question is on agreeing to the sion II of the Coburn amendment. the war in Iraq and the end is not yet Division II of amendment (No. 3641) motion to table division II of amend- in sight; there is no light at the end of was agreed to. ment 3641. the tunnel yet. That is not the end of The PRESIDING OFFICER (Mr. COR- The clerk will call the roll. the story. NYN). Under the previous order, the The President has requested a $50 bil- The assistant legislative clerk called Senator from West Virginia is recog- lion bridge fund for the next Defense the roll. nized. Mr. MCCONNELL. The following Sen- appropriations bill which will inevi- AMENDMENT NO. 3709 ators were necessarily absent: the Sen- tably be followed next year by another Mr. BYRD. Mr. President, just over 3 large emergency supplemental spend- ator from Georgia (Mr. ISAKSON) and years ago the Armed Forces of the ing request. Mark my words, it won’t the Senator from Pennsylvania (Mr. United States were sent to fight a new be too long before spending on the war SANTORUM). war in Iraq. I was against the entry of in Iraq will eclipse 10 times the figure Mr DURBIN. I announce that the our country into that war. At that Secretary Rumsfeld estimated in Janu- Senator from Arkansas (Mrs. LINCOLN) time, many representations were made and the Senator from West Virginia that this war would be quick and that ary of 2003. Talk about being off the (Mr. ROCKEFELLER) are necessarily ab- it would be easy. mark, talk about being wildly off the sent. On the eve of war, our Nation was al- mark. Some measure of sanity has to I also announce that the Senator ready embroiled in a campaign that be brought to the spiralling cost of the from Massachusetts (Mr. KERRY) is ab- sought to portray the invasion of Iraq war. sent due to family illness. as a quick and cheap way to rid the Four times I have offered amend- I further announce that, if present world of Saddam’s regime and his sup- ments to defense spending bills to state and voting, the Senator from Massa- posed chemical weapons. We were told the sense of the Senate that the Presi- chusetts (Mr. KERRY), would vote that the intervention would be as dent should include a full estimate of ‘‘yea.’’ quick as lightning. the cost of the war. I have talked until The PRESIDING OFFICER. Are there We now know that the war plans I am hoarse about the cost of this war. any other Senators in the Chamber de- called for a withdrawal of nearly all Four times I have offered amendments siring to vote? American troops from Iraq by Sep- through defense spending bills to state The result was announced—yeas 44, tember 2003. Yet here we are, 3 years, 1 the sense of the Senate that the Presi- nays 51, as follows: month, and 2 weeks later and 135,000 dent should include a full estimate of [Rollcall Vote No. 100 Leg.] American troops are still in Iraq; 2,383 the cost of the war in his annual budg- YEAS—44 American troops have been killed; et request. And four times the amend- ments have passed with strong bipar- Akaka Domenici Murray more than 17,500 American troops have Allard Durbin Nelson (FL) been wounded. And for what? For what, tisan support—Republicans and Demo- Baucus Gregg Pryor I ask? crats on that side of the aisle and on Bennett Harkin Reed We were told at the time that the re- this side of the aisle—and four times Bond Hatch Reid construction of Iraq would cost the the amendments have been ignored by Boxer Inouye Sarbanes Byrd Kennedy Schumer American taxpayer almost nothing. the White House. Cantwell Landrieu Shelby Former Deputy Defense Secretary Paul The administration’s failure to budg- Clinton Lautenberg Smith Wolfowitz said that we are dealing with et for the war means that neither the Cochran Leahy Snowe Coleman Levin a country—that is, Iraq—that can real- White House nor Congress is making Specter Collins Lott ly finance its own reconstruction and the tough decisions about how to pay Dayton McConnell Stevens Vitter we can do that relatively soon. for the ongoing wars in Iraq and Af- Dodd Mikulski Yet here we are, and the total bill for ghanistan. Dole Murkowski Wyden Iraqi reconstruction being footed by I support the war in Afghanistan. NAYS—51 the American taxpayers is running into Yes. We were invaded. This country Alexander DeMint Lieberman the billions of dollars. We were told at was invaded. This country was at- Allen DeWine Lugar the time that the cost of military ac- tacked, and the enemy was in Afghani- Bayh Dorgan Martinez Biden Ensign McCain tion would be small. Secretary Rums- stan. I was for going after those guys. Bingaman Enzi Menendez feld claimed on January 19, 2003, that But I did not vote for the war in Iraq. Brownback Feingold Nelson (NE) the Office of Management and Budget I said it was wrong. Bunning Feinstein Obama There has been no earnest debate Burns Frist Roberts had come up with a number that is Burr Graham Salazar something under $50 billion for the cost about how wartime spending is to fit Carper Grassley Sessions of that war. Yet here we are and the into the overall budget picture. In- Chafee Hagel Stabenow cost of military operations in Iraq is stead, the administration has relied Chambliss Hutchison Sununu Coburn Inhofe Talent climbing beyond $290 billion. overwhelmingly on emergency supple- Conrad Jeffords Thomas Astoundingly, the cost of the war in mental appropriations requests to fund Cornyn Johnson Thune Iraq keeps increasing. According to a the costs of the ongoing wars. These re- Craig Kohl Voinovich Congressional Research Service report quests are not part of the regular budg- Crapo Kyl Warner released this week, the Iraqi war costs et debate in Congress, and they are NOT VOTING—5 $4.4 billion per month. How about often foisted upon the legislative Isakson Lincoln Santorum that—$4.4 billion per month in fiscal branch with little in the way of jus- Kerry Rockefeller year 2003; $5 billion per month in fiscal tification, which Congress is then The motion was rejected. year 2004; $6.4 billion per month in fis- pressed into passing with a minimum The PRESIDING OFFICER. The cal year 2005; and could reach $8.1 bil- of scrutiny. question is on agreeing to the amend- lion per month during this fiscal year. The reliance on supplemental appro- ment. That is an 84-percent increase in the priations bills is one symptom of a dis- The Senator from West Virginia. cost of the war in just 3 years. ease that has struck Washington, and

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3674 CONGRESSIONAL RECORD — SENATE April 27, 2006 that is the scourge of fiscal irrespon- The PRESIDING OFFICER. Is the The PRESIDING OFFICER. The Sen- sibility. According to data from the Senator sending the amendment to the ator from Louisiana is recognized. Congressional Budget Office, since 2001, desk? Mr. VITTER. Thank you, Mr. Presi- the White House has requested a total Mr. BYRD. I ask for a vote. I hope we dent. of $515 billion in emergency supple- can vote for this amendment. I ask for First, a small bit of housekeeping. the yeas and nays. mental appropriations. That is more AMENDMENT NO. 3628, AS MODIFIED The PRESIDING OFFICER. The than half a trillion dollars that simply Mr. President, I ask unanimous con- does not appear in any of the budget clerk will report the amendment. The legislative clerk read as follows: sent that language revisions be made plans passed by Congress. to my amendment No. 3628, which is al- This dependence—this dependence, I The Senator from West Virginia [Mr. ready at the desk. And those revisions, say—on supplemental appropriations BYRD], for himself, and Mr. CARPER, proposes which are largely technical in nature, dwarfs the requests of prior adminis- an amendment numbered 3709. will be sent up to the desk right now. trations. In fact, the $515 billion of sup- The amendment is as follows: plemental funding requests in the last (Purpose: To express the sense of the Senate Mrs. MURRAY. Mr. President, I re- on requests for funds for military oper- serve the right to object. We want to 5 years is more than 31⁄2 times—more ations in Iraq and Afghanistan for fiscal have a chance to look at those before than 31⁄2 times—greater than all the years after fiscal year 2007) supplemental spending requests from the Senator sends them to the desk. On page 117, between lines 9 and 10, insert Mr. VITTER. That would be fine. the 10 years previous to the current ad- the following: ministration. This is an amendment that has already SENSE OF SENATE ON REQUESTS FOR FUNDS FOR At a time when our country is facing been presented to the minority side. MILITARY OPERATIONS IN IRAQ AND AFGHANI- This is a language revision of that huge deficits as far as the human eye STAN FOR FISCAL YEARS AFTER FISCAL YEAR amendment. can see, it is simply irresponsible for 2007 The PRESIDING OFFICER. Without the administration to continue to SEC. 1312. (a) FINDINGS.—The Senate makes short-circuit the budget process with a the following findings: objection, the amendment is so modi- never-ending series of huge supple- (1) Title IX of the Department of Defense fied. mental appropriations bills. There Appropriations Act, 2006 (division A of Pub- The amendment (No. 3628), as modi- ought to be some fiscal discipline here lic Law 109–148) appropriated $50,000,000,000 fied, is as follows: in Washington, DC, and that means for the cost of ongoing military operations On page 253, insert between lines 19 and 20, that the President ought to budget for overseas in fiscal year 2006, although those the following: funds were not requested by the President. the cost of the wars. The President pre- (2) The President on February 16, 2006, sub- ALLOCATION OF HURRICANE DISASTER RELIEF tends that his budget reduces the def- mitted to Congress a request for supple- AND RECOVERY FUNDS TO STATES icit over 5 years, but he fails to include mental appropriations in the amount of SEC. 7032. (a) In this section the term ‘‘cov- the full cost of the war in Iraq. $67,600,000,000 for ongoing military oper- ered funds’’ means any funds that—— Therefore, Mr. President, I offer an ations in fiscal year 2006, none of which sup- (1) are made available to the Department amendment, once again, to state the plemental appropriations was included in the of Justice, the Department of Interior, the sense of the Senate that the President concurrent resolution on the budget for fis- Department of Labor, the Department of should include in his next annual budg- cal year 2006, as agreed to in the Senate on Education, the Department of Health and et request a full estimate—a full esti- April 28, 2005. Human Services under title II of this Act for hurricane disaster relief and recovery; and mate—of the cost of the ongoing wars (3) The President on February 6, 2006, in- cluded a $50,000,000,000 allowance for ongoing (2) are allocated by that department or in Iraq and Afghanistan. My amend- military operations in fiscal year 2007, but agency for use by the States. ment states that any funds requested did not formally request the funds or provide (b) Notwithstanding any other provision of by the President should be placed in any detail on how the allowance may be law (including title II of this Act)—— regular appropriations accounts, and used. (1) before making covered funds available should be accompanied by a detailed (4) The concurrent resolution on the budg- to any State, the head of the department or justification for those funds. et for fiscal year 2007, as agreed to in the agency administering such funds shall apply The Senate must continue to call for Senate on March 16, 2007, anticipates as an allocation formula for all States that responsible budgeting for the cost of much as $86,300,000,000 in emergency spend- take into consideration critical need and the wars in Iraq and Afghanistan. I ing in fiscal year 2007, indicating that the physical damages to property, equipment, Senate expects to take up another supple- and financial losses; and have appreciated the efforts of the mental appropriations bill to fund ongoing (2) not later than 5 days before making chairman of the Defense Appropria- military operations during fiscal year 2007. such covered funds available to any State, tions Subcommittee. I have appre- (b) SENSE OF SENATE.—It is the sense of the submit a report to the Committees on Appro- ciated that. And I thank Senator STE- Senate that— priations of the Senate and the House of VENS for his work with me on the pre- (1) any request for funds for a fiscal year Representatives on the allocation formula vious four times I have offered this after fiscal year 2007 for ongoing military op- that is being used. erations in Afghanistan and Iraq should be amendment. He is an outstanding AMENDMENT NO. 3668 chairman of a very important sub- included in the annual budget of the Presi- dent for such fiscal year as submitted to Mr. VITTER. Mr. President, I also committee. I am grateful for his past Congress under section 1105(a) of title 31, call up and briefly wish to speak on a support of this amendment on this United States Code; new amendment, which I will also send issue. (2) any request for funds for such a fiscal to the minority side, amendment No. Now, the Senate—I apologize for my year for ongoing military operations should 3668. voice. When I was a boy, there came a provide an estimate of all funds required in The PRESIDING OFFICER. Is there time when my voice changed. Well, it that fiscal year for such operations; objection to setting aside the pending is changing again, apparently. I guess I (3) any request for funds for ongoing mili- amendment? cannot claim to be a boy again. tary operations should include a detailed jus- tification of the anticipated use of such Without objection, it is so ordered. Mrs. BOXER. You are getting young The clerk will report. again, I say to the Senator. funds for such operations; and The legislative clerk read as follows: Mr. BYRD. I am getting young again, (4) any funds provided for ongoing military operations overseas should be provided in ap- I am told. The Senator from Louisiana [Mr. VITTER] propriations Acts for such fiscal year proposes an amendment numbered 3668. The Senate ought to go on the record through appropriations to specific accounts once again in favor of fiscal responsi- set forth in such appropriations Acts. Mr. VITTER. Mr. President, I ask unanimous consent that reading of the bility. With the cost of the war in Iraq Mr. BYRD. Mr. President, I ask for amendment be dispensed with. escalating beyond $320 billion, it is the yeas and nays. time to bring some sanity to the budg- The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without et process. So I urge my colleagues to sufficient second? objection, it is so ordered. support this amendment to tell the There appears to be a sufficient sec- The amendment is as follows: President to budget for the cost of the ond. (Purpose: To provide for the treatment of a wars. The yeas and nays were ordered. certain Corps of Engineers project) Mr. President, I send the amendment Mr. BYRD. Let’s vote. We have voted On page 253, between lines 19 and 20, insert to the desk. on this four times already. the following:

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The following Sen- object, I have 3 minutes’ worth of title I of division B of the Department of De- ators were necessarily absent: the Sen- housekeeping that I would like to get fense, Emergency Supplemental Appropria- ator from Missouri (Mr. BOND), the done on amendments that will make tions to Address Hurricanes in the Gulf of Senator from South Carolina (Mr. the process move faster and offer Mexico, and Pandemic Influenza Act, 2006 DEMINT), the Senator from Georgia (Public Law 109–148; 119 Stat. 2761), the water amendments without debate so they control structure in the vicinity of La (Mr. ISAKSON), and the Senator from can get in the queue. I would like to do Loutre Ridge shall be considered to be an au- Pennsylvania (Mr. SANTORUM). that after Senator BURR, if that is OK thorized operations and maintenance activ- Mr. DURBIN. I announce that the with the Senator from New Jersey. ity of the Corps of Engineers. Senator from West Virginia (Mr. Mr. BURR. Mr. President, if it helps Mr. VITTER. Mr. President, this ROCKEFELLER) is necessarily absent. my colleagues, it will take me 20 sec- amendment does not cost any money. I also announce that the Senator onds to offer this amendment. It does not increase the size or expense from Massachusetts (Mr. KERRY) is ab- Mr. CHAMBLISS. Mr. President, re- of the bill whatsoever. It does, how- sent due to family illness. serving the right to object, I ask the I further announce that, if present ever, add significant language regard- Senator from New Jersey how long and voting, the Senator from Massa- ing an issue that is very important to does he anticipate speaking on his chusetts (Mr. KERRY) would vote coastal Louisiana with regard to coast- amendment? ‘‘yea.’’ al flooding, and that has to do with the Mr. MENENDEZ. About 10 to 12 min- The PRESIDING OFFICER. Are there now infamous Mississippi River Gulf utes. any other Senators in the Chamber de- Outlet, also known as MRGO. Mr. CHAMBLISS. Mr. President, I siring to vote? MRGO is considered by virtually ev- The result was announced—yeas 94, ask unanimous consent that after Sen- eryone to be a real problem, a conduit nays 0, as follows: ator BURR, Senator COBURN be recog- of hurricane storm surge and a conduit nized, then Senator MENENDEZ, and [Rollcall Vote No. 101 Leg.] of saltwater intrusion which has eaten then I be recognized for up to 7 min- YEAS—94 away at our coastal marshland in utes. southeast Louisiana and has produced Akaka Domenici McConnell The PRESIDING OFFICER. Without Alexander Dorgan Menendez increased vulnerability to coastal Allard Durbin Mikulski objection, it is so ordered. storm surge. Allen Ensign Murkowski The Senator from North Carolina. Baucus Enzi Many eyewitnesses and computer Murray AMENDMENT NO. 3713 Bayh Feingold Nelson (FL) models confirm that MRGO contrib- Bennett Feinstein Mr. BURR. Mr. President, I ask unan- uted to enormous destruction caused Nelson (NE) Biden Frist Obama imous consent to set the pending Bingaman Graham by Hurricane Katrina. Hundreds of Pryor Boxer Grassley amendment, and I call up my amend- thousands of acres of coastal lands Reed Brownback Gregg ment, which is at the desk. have also been lost because of the salt- Bunning Hagel Reid The PRESIDING OFFICER. Without Roberts water intrusion invited by MRGO. Burns Harkin objection, it is so ordered. The clerk My amendment, again, would not in- Burr Hatch Salazar Sarbanes will report. crease the funding in the bill. It would Byrd Hutchison Cantwell Inhofe Schumer The assistant legislative clerk read not increase the cost of the bill. It Carper Inouye Sessions as follows: would simply allow for a portion of the Chafee Jeffords Shelby The Senator from North Carolina [Mr. funds already appropriated in the last Chambliss Johnson Smith Clinton Kennedy Snowe BURR] proposes an amendment numbered emergency supplemental for hurricane Coburn Kohl Specter 3713. recovery for the restoration of the Cochran Kyl Stabenow Mr. BURR. Mr. President, I ask unan- banks of MRGO to also be used to begin Coleman Landrieu Stevens imous consent that the reading of the implementation of a water control Collins Lautenberg Sununu Conrad Leahy amendment be dispensed with. structure to block hurricane storm Talent Cornyn Levin Thomas The PRESIDING OFFICER. Without Craig surge from rolling up through MRGO Lieberman Thune Crapo Lincoln objection, it is so ordered. to populated areas. Again, there is Vitter Dayton Lott The amendment is as follows: broad consensus that this needs to be Voinovich DeWine Lugar (Purpose: To allocate funds to the Smithso- done to battle against this vulner- Dodd Martinez Warner Dole McCain Wyden nian Institution for research on avian in- ability. fluenza) In closing, I would simply underscore NOT VOTING—6 my amendment does not score, does On page 238, line 23, strike ‘‘Control and Bond Isakson Rockefeller Prevention, and’’ and insert ‘‘Control and not appropriate any new money. DeMint Kerry Santorum Prevention, $5,000,000 shall be for the Smith- With that, Mr. President, I yield The amendment (No. 3709) was agreed sonian Institution to carry out global and back my time. to. domestic disease surveillance, and’’. Mr. BYRD. Vote. Let’s vote. Vote, Mr. COCHRAN. I move to reconsider Mr. BURR. I yield the floor. Mr. President. the vote. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there Mrs. MURRAY. I move to lay that ator from Oklahoma is recognized. further debate on the amendment by motion on the table. AMENDMENT NO. 3641, DIVISION III, WITHDRAWN the Senator from Louisiana? The motion to lay on the table was Mr. COBURN. Mr. President, I call up VOTE ON AMENDMENT NO. 3709 agreed to. Mr. BYRD. Mr. President, I call for The PRESIDING OFFICER. The Sen- amendment No. 3641, division III, and the regular order with respect to my ator from North Carolina. ask unanimous consent for its with- amendment. Mr. BURR. I call up my amendment drawal. The PRESIDING OFFICER. The Sen- which is at the desk. The PRESIDING OFFICER. Without ator has that right. The PRESIDING OFFICER. Is there objection, it is so ordered. The amendment is now pending. objection to setting aside the pending AMENDMENTS NOS. 3693, 3694, 3695, AND 3697, EN Mr. BYRD. Let’s vote. amendment? BLOC Mr. COCHRAN. The yeas and nays Mr. MENENDEZ. Reserving the right Mr. COBURN. Mr. President, I call up have been ordered. to object, if the Senator from North four amendments to place them in the Mr. BYRD. The yeas and nays have Carolina will agree, I ask unanimous queue. They are the Barak Obama- been ordered. consent that subsequent to his amend- Coburn transparency amendments, four The PRESIDING OFFICER. Is there ment, I be recognized next in order to in order. I ask they be called up. further debate on the amendment? If offer my amendment, and I will have The PRESIDING OFFICER. Without not, the question is on agreeing to the no objection to setting aside the pend- objection, the amendments will be amendment. The yeas and nays have ing amendment. called up en bloc, and the clerk will re- been ordered. The clerk will call the The PRESIDING OFFICER (Mr. port. roll. CHAFEE). Is there objection? The legislative clerk read as follows:

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The Senator from Oklahoma [Mr. COBURN], FINANCIAL TRANSPARENCY IN HURRICANE tities that are based in Louisiana, Mis- for Mr. OBAMA, for himself, proposes amend- RECOVERY CONTRACTING sissippi, Alabama, or Florida or business en- ments numbered 3693, 3694, 3695, and 3697, en SEC. 7032. None of the funds appropriated tities that hire workers who resided in those bloc. by this Act that are made available for relief States on August 24, 2005; Mr. COBURN. Mr. President, I ask and recovery efforts related to Hurricane (C) perform risk assessments of all pro- unanimous consent that the reading of Katrina and other hurricanes of the 2005 sea- grams and operations related to recovery son may be used by an executive agency to from Hurricane Katrina and implement in- the amendments be dispensed with. ternal controls and program oversight based The PRESIDING OFFICER. Without enter into any Federal contract (including any follow-on contract) exceeding $250,000 on risk of waste, fraud, or abuse; objection, it is so ordered. unless the Director of the Office of Manage- (D) oversee all financial management ac- The amendments are as follows: ment and Budget publishes on an accessible tivities relating to the programs and oper- AMENDMENT NO. 3693 Federal Internet website an electronically ations of the Hurricane Katrina recovery ef- (Purpose: To reduce wasteful spending by searchable monthly report that includes an fort; limiting to the reasonable industry stand- electronic mail address and phone number (E) develop and maintain an integrated ac- ard the spending for administrative over- that can be used to report waste, fraud, or counting and financial management system, head allowable under Federal contracts abuse, the number and outcome of fraud in- including financial reporting and internal and subcontracts) vestigations related to such recovery efforts controls, which— conducted by executive agencies, and for (i) complies with applicable accounting On page 253, between lines 19 and 20, insert principles, standards, and requirements, and the following: each entity that has received more than $250,000 in amounts appropriated or other- internal control standards; LIMITS ON ADMINISTRATIVE COSTS UNDER wise made available by this Act, the name of (ii) complies with such policies and re- FEDERAL CONTRACTS quirements as may be prescribed by the Di- the entity and a unique identifier, the total SEC. 7032. None of the funds appropriated rector of the Office of Management and amount of Federal funds that the entity has by this Act may be used by an executive Budget; received since August 25, 2005, the geographic agency to enter into any Federal contract (iii) complies with any other requirements location and official tax domicile of the enti- (including any subcontract or follow-on con- applicable to such systems; and ty and the primary location of performance tract) for which the administrative overhead (iv) provides for— of contracts paid for with such amounts, and and contract management expenses exceed (I) complete, reliable, consistent, and time- an itemized breakdown of each contract ex- the reasonable industry standard as pub- ly information which is prepared on a uni- ceeding $100,000 that specifies the funding lished by the Director of the Office of Man- form basis and which is responsive to the fi- agency, program source, contract type, num- agement and Budget unless, not later than 3 nancial information needs of the Office; ber of bids received, and a description of the days before entering into the contract, the (II) the development and reporting of cost purpose of the contract. head of the executive agency provides to the information; chair and ranking member of the relevant AMENDMENT NO. 3697 (III) the integration of accounting and oversight committees of the Senate and the (Purpose: To improve transparency and ac- budgeting information; and House of Representatives a copy of the con- countability by establishing a Chief Finan- (IV) the systematic measurement of per- tract, any other documentation requested by cial Officer to oversee hurricane relief and formance; Congress, and a justification for excessive recovery efforts) (F) monitor the financial execution of the overhead expense. On page 253, between lines 19 and 20, insert budget of Federal agencies relating to recov- ery from Hurricane Katrina in relation to ac- AMENDMENT NO. 3694 the following: tual expenditures; TITLE VII—EMERGENCY RECOVERY (Purpose: To improve accountability for (G) have access to all records, reports, au- SPENDING OVERSIGHT competitive contracting in hurricane re- dits, reviews, documents, papers, rec- covery by requiring the Director of the Of- SEC. 8001. SHORT TITLE. ommendations, or other material which are fice of Management and Budget to approve This title may be cited as the ‘‘Oversight the property of Federal agencies or which contracts awarded without competitive of Vital Emergency Recovery Spending En- are available to the agencies, and which re- procedures) hancement and Enforcement Act of 2006’’. late to programs and operations with respect On page 253, between lines 19 and 20, insert SEC. 8002. DEFINITIONS. to which the Chief Financial Officer has re- the following: (a) CHIEF FINANCIAL OFFICER.—The term sponsibilities; ACCOUNTABILITY IN HURRICANE RECOVERY ‘‘Chief Financial Officer’’ means the Hurri- (H) request such information or assistance CONTRACTING cane Katrina Recovery Chief Financial Offi- as may be necessary for carrying out the du- cer. SEC. 7032. None of the funds appropriated ties and responsibilities provided by this sec- FFICE.—The term ‘‘Office’’ means the by this Act that are made available for relief (b) O tion from any Federal, State, or local gov- Office of the Hurricane Katrina Recovery and recovery efforts related to Hurricane ernmental entity, including any Chief Finan- Chief Financial Officer. Katrina and the other hurricanes of the 2005 cial Officer under section 902 of title 31, season may be used by an executive agency SEC. 8003. ESTABLISHMENT AND FUNCTIONS. United States Code, and, upon receiving such to enter into any Federal contract (including (a) ESTABLISHMENT.—There is established request, insofar as is practicable and not in any follow-on contract) exceeding $1,000,000 within the Executive Office of the President, contravention of any existing law, any such through the use of procedures other than the Office of the Hurricane Katrina Recovery Federal Governmental entity or Chief Finan- competitive procedures as required by the Chief Financial Officer. cial Officer under section 902 shall cooperate Federal Acquisition Regulation and, as ap- (b) CHIEF FINANCIAL OFFICER.— and furnish such requested information or plicable, section 303(a) of the Federal Prop- (1) APPOINTMENT.—The Hurricane Katrina assistance; erty and Administrative Services Act of 1949 Recovery Chief Financial Officer shall be the (I) to the extent and in such amounts as (41 U.S.C. 253(a)) or section 2304(a) of title 10, head of the Office. The Chief Financial Offi- may be provided in advance by appropria- United States Code, unless the Director of cer shall be appointed by the President, by tions Acts, be authorized to— the Office of Management and Budget spe- and with the advice and consent of the Sen- (i) enter into contracts and other arrange- cifically approves the use of such procedures ate. ments with public agencies and with private for such contract, and not later than 7 days (2) QUALIFICATIONS.—The Chief Financial persons for the preparation of financial after entering into the contract, the execu- Officer shall— statements, studies, analyses, and other tive agency provides to the chair and rank- (A) have the qualifications required under services; and ing member of the relevant oversight com- section 901(a)(3) of title 31, United States (ii) make such payments as may be nec- mittees of the Senate and the House of Rep- Code; and essary to carry out the provisions of this sec- resentatives a copy of the contract, the jus- (B) have knowledge of Federal contracting tion; tification for the procedures used, the date and policymaking functions. (J) for purposes of the Improper Payments (c) AUTHORITIES AND FUNCTIONS.— when the contract will end, and the steps Information Act of 2002 (31 U.S.C. 3321 note), (1) IN GENERAL.—The Chief Financial Offi- being taken to ensure that any future con- perform, in consultation with the Office of cer shall— tracts for the product or service or with the Management and Budget, the functions of (A) be responsible for the efficient and ef- same vendor will follow the appropriate com- the head of an agency for any activity relat- fective use of Federal funds in all activities petitive procedures. ing to the recovery from Hurricane Katrina relating to the recovery from Hurricane that is not currently the responsibility of AMENDMENT NO. 3695 Katrina; the head of an agency under that Act; and (Purpose: To improve financial transparency (B) strive to ensure that— (K) transmit a report, on a quarterly basis, in hurricane recovery by requiring the Di- (i) priority in the distribution of Federal regarding any program or activity identified rector of the Office of Management and relief funds is given to individuals and orga- by the Chief Financial Officer as susceptible Budget to make information about Federal nizations most in need of financial assist- to significant improper payments under sec- contracts publicly available) ance; and tion 2(a) of the Improper Payments Informa- On page 253, between lines 19 and 20, insert (ii) priority in the distribution of Federal tion Act of 2002 (31 U.S.C. 3321 note) to the the following: reconstruction funds is given to business en- appropriate inspector general.

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(2) ACCESS.—Except as provided in para- (4) the extent to which Federal relief funds ment pursuant to section 402 of H. Con. Res. graph (1)(H), this subsection does not provide have been distributed to individuals and or- 95 (109th Congress), the concurrent resolu- to the Chief Financial Officer any access ganizations most affected by Hurricane tion on the budget for fiscal year 2006. greater than permitted under any other law Katrina and Federal reconstruction funds On page 237, between lines 10 and 11, insert to records, reports, audits, reviews, docu- have been made available to business enti- the following: ments, papers, recommendations, or other ties that are based in Louisiana, Mississippi, For an additional amount for the purchase material of any Office of Inspector General Alabama, or Florida or business entities that of new container inspection technology at established under the Inspector General Act hire workers who resided in those States on ports in developing countries and the train- of 1978 (5 U.S.C. App.). August 24, 2005; and ing of local authorities, pursuant to section (3) COORDINATION OF AGENCIES.—In the per- (5) the extent to which internal controls to 70109 of title 46, United States Code, on the formance of the authorities and functions prevent waste, fraud, or abuse exist in the use of such technology, $50,000,000, to remain under paragraph (1) by the Chief Financial use of Federal funds relating to the recovery available until September 30, 2007: Provided, Officer the President (or the President’s des- from Hurricane Katrina. That the amount provided under this head- ignee) shall act as the head of the Office and SEC. 8005. ADMINISTRATIVE AND SUPPORT SERV- ing is designated as an emergency require- the Chief Financial Officer shall have man- ICES. ment pursuant to section 402 of H. Con. Res. agement and oversight of all agencies per- (a) IN GENERAL.—The President shall pro- 95 (109th Congress), the concurrent resolu- forming activities relating to the recovery vide administrative and support services (in- tion on the budget for fiscal year 2006. from Hurricane Katrina. cluding office space) for the Office and the For an additional amount for the imple- (4) REGULAR REPORTS.— Chief Financial Officer. mentation of section 70105 of title 46, United (A) IN GENERAL.—Every month the Chief (b) PERSONNEL.—The President shall pro- States Code, $12,000,000, to remain available Financial Officer shall submit a financial re- vide for personnel for the Office through the until September 30, 2007: Provided, That the port on the activities for which the Chief Fi- detail of Federal employees. Any Federal amount provided under this heading is des- nancial Officer has management and over- employee may be detailed to the Office with- ignated as an emergency requirement pursu- sight responsibilities to— out reimbursement, and such detail shall be ant to section 402 of H. Con. Res. 95 (109th (i) the Committee on Homeland Security without interruption or loss of civil service Congress), the concurrent resolution on the and Governmental Affairs of the Senate; status or privilege. budget for fiscal year 2006. (ii) the Committee on Homeland Security SEC. 8006. AUTHORIZATION OF APPROPRIATIONS. TRANSPORTATION SECURITY of the House of Representatives; There are authorized to be appropriated ADMINISTRATION (iii) the Committees on Appropriations of such sums as necessary to carry out this TRANSPORTATION VETTING AND CREDENTIALING the Senate and House of Representatives; title. and For an additional amount for the imple- SEC. 8007. TERMINATION OF OFFICE. (iv) the Committee on Government Reform mentation of section 70105 of title 46, United of the House of Representatives. (a) IN GENERAL.—The Office and position of States Code, $13,000,000, to remain available Chief Financial Officer shall terminate 1 (B) CONTENTS.—Each report under this until September 30, 2007, of which $250,000 paragraph shall include— year after the date of the enactment of this shall be made available for the Secretary of (i) the extent to which Federal relief funds Act. Homeland Security’s preparation and sub- have been given to individuals and organiza- (b) EXTENSION.—The President may extend mission to Congress of a plan, not later than tions most in need of financial assistance; the date of termination annually under sub- September 30, 2006, with specific annual (ii) the extent to which Federal reconstruc- section (a) to any date occurring before 5 benchmarks, to inspect 100 percent of the tion funds have been made available to busi- years after the date of the enactment of this cargo containers destined for the United ness entities that are based in Louisiana, Act. States: Provided, That the amount provided Mississippi, Alabama, or Florida or business (c) NOTIFICATION.—The President shall no- under this heading is designated as an emer- entities that hire workers who resided in tify the committees described under section gency requirement pursuant to section 402 of those States on August 24, 2005; 8003(c)(4)(A) 60 days before any extension of H. Con. Res. 95 (109th Congress), the concur- (iii) the extent to which Federal agencies the date of termination under this section. rent resolution on the budget for fiscal year have made use of sole source, no-bid or cost- Mr. COBURN. I yield the floor. 2006. plus contracts; and The PRESIDING OFFICER. The Sen- On page 237, line 25, strike ‘‘$132,000,000’’ (iv) an assessment of the financial execu- ator from New Jersey is recognized. and insert ‘‘$232,000,000’’: Provided, That the tion of the budget of Federal agencies relat- amount provided under this heading is des- AMENDMENT NO. 3675 ing to recovery from Hurricane Katrina in ignated as an emergency requirement pursu- relation to actual expenditures. Mr. MENENDEZ. Mr. President, I ant to section 402 of H. Con. Res. 95 (109th (C) FIRST REPORT.—The first report under call up amendment No. 3675 and ask for Congress), the concurrent resolution on the this paragraph shall be submitted for the its immediate consideration. budget for fiscal year 2006. first full month for which a Chief Financial The PRESIDING OFFICER. Without Mr. MENENDEZ. Mr. President, Officer has been appointed. objection, the pending amendments are when Congress adjourned on its 2-week (d) RESPONSIBILITIES OF CHIEF FINANCIAL set aside, and the clerk will report. recess, I heard from many of my con- OFFICERS.—Nothing in this Act shall be con- The legislative clerk read as follows: strued to relieve the responsibilities of any stituents back home in New Jersey Chief Financial Officer under section 902 of The Senator from New Jersey [Mr. MENEN- that they were somewhat shocked to title 31, United States Code. DEZ], for himself, Mr. LAUTENBERG, Mr. find out that one of the most critical INOUYE, Mrs. CLINTON, and Mr. LIEBERMAN, (e) AVAILABILITY OF RECORDS.—Upon re- elements of our security, the ports in proposes an amendment numbered 3675. quest to the Chief Financial Officer, the Of- the Nation, still were subject to such fice shall make the records of the Office Mr. MENENDEZ. Mr. President, I ask vulnerability. available to the Inspector General of any unanimous consent that the reading of Federal agency performing recovery activi- Just this weekend, we received a the amendment be dispensed with. vivid reminder of the threat that still ties relating to Hurricane Katrina, or to any The PRESIDING OFFICER. Without Special Inspector General designated to in- exists when Osama bin Laden released vestigate such activities, for the purpose of objection, it is so ordered. yet another tape threatening to kill in- performing the duties of that Inspector Gen- The amendment is as follows: nocent Americans. eral under the Inspector General Act of 1978 (Purpose: To provide additional appropria- We often talk tough, but then some- (5 U.S.C. App.). tions for research, development, acquisi- times we act weak. And nowhere is tion, and operations by the Domestic Nu- SEC. 8004. REPORTS OF THE GOVERNMENT AC- that concern more urgent than at our COUNTABILITY OFFICE. clear Detection Office, for the purchase of ports where 41⁄2 years after September The Government Accountability Office container inspection equipment for devel- shall provide quarterly reports to the com- oping countries, for the implementation of 11, we still don’t know what is con- mittees described under section 8003(c)(4)(A) the Transportation Worker Identification tained in 95 percent of all of the con- relating to all activities and expenditures Credential program, and for the training of tainers entering this country. That is a overseen by the Office, including— Customs and Border Protection officials on colossal failure, and we are here to (1) the accuracy of reports submitted by the use of new technologies) make sure that Congress takes steps to the Chief Financial Officer to Congress; On page 237, between lines 6 and 7, insert reverse it. (2) the extent to which agencies performing the following: In the collapse of the Dubai Ports activities relating to the recovery from Hur- For an additional amount for the training World deal, the eyes of the Nation were ricane Katrina have made use of sole source, of employees of the Bureau of Customs and no-bid or cost-plus contracts; Border Protection, $10,000,000, to remain riveted on this problem. Most Ameri- (3) whether Federal funds expended by available until September 30, 2007: Provided, cans were shocked to discover that State and local government agencies were That the amount provided under this head- only 5 percent—5 percent—of the con- spent for their intended use; ing is designated as an emergency require- tainers passing through our ports are

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But as we said at the time, consistencies by providing some of the sensitive areas, are properly screened. the proof will be if Congress actually state-of-the-art scanning technologies This is not about randomly excluding steps forward to follow through with used at U.S. ports in countries abroad. people we don’t like from coming in. the funding. While we are on the subject of tech- This is about ensuring that the men The 9/11 Commission told us that to nologies, I have heard from a number and women who are in essential parts prevent a future terrorist attack, we of Federal, State, and local officials of the cargo supply chain cannot be had to think outside the box. But at working at the port in my home State, compromised by interests seeking to our ports, we actually need to think in- Port Elizabeth in Newark, who have harm our Nation’s port. That is where side the container because we need to emphasized the critical need of deploy- the Transport Worker Identification know what is in the containers that ment of the most current detection and Program comes in. enter the country through our ports scanning technologies at U.S. ports. The Maritime Transportation Secu- every day. They are currently using first-genera- rity Act, MTSA, enacted in 2002 re- The bottom line is that we need to tion detection technologies, older tech- quires DHS to supply a worker identi- get on the road to 100 percent scanning nologies noted to be insufficient to fication card that uses biometrics, such and inspections of the containers com- combat newer and more complex secu- as fingerprints, to control access to se- ing into this country, and we need to rity threats. cure areas of ports or ships. The TSA get there sooner rather than later. Cargo volume at that port alone is was supposed to issue those credentials That is why this amendment requires expected to double by 2020. Space at to more than 6 million maritime work- the administration to provide Congress most ports is at a premium. Access to ers in August of 2004. It is April of 2006 and the American people with a clear freight is extremely difficult. Cargo and nearly 2 years down the line, and plan, with specific yearly benchmarks containers are often stacked end to end there is still no nationwide port worker to achieve 100 percent inspections of and door to door. We have to give Fed- credential program. If this was such a priority, such a containers. eral, State, and local law enforcement critical part of our security, why The Appropriations Committee took and Homeland Security officials near- hasn’t it happened? The GAO report a big step forward by approving Sen- term access to technologies that make back at the end of 2004 said that TSA ator BYRD’s amendment to spend $648 their jobs feasible. We cannot send didn’t have a plan for managing this million to strengthen inspections, fund them out to fight a war with sticks and project. Guess what else they said new radiation portals and cargo con- stones. would happen without that plan. Fail- tainer systems, and add money for The complexity and vulnerability of ure to develop such a plan places the local port security grants. That is a the cargo container transport process program at higher risks of cost over- only makes the need for robust tech- dramatic improvement over the other runs, missed deadlines, underperform- nologies that much more important. body’s bill which did nothing to add ad- ance. Missed deadlines—that obviously My amendment, therefore, also pro- ditional funding for port security. has happened. Cost overruns, I But I believe we need to do more. To vides $100 million for Domestic Nuclear wouldn’t doubt it. And I suppose the protect our ports at home, we have to Detection Office research and develop- jury is still out on ‘‘underperform- inspect containers abroad, before they ment. We have not sufficiently focused ance.’’ They concluded that each delay arrive in our ports, our towns, and our on creating second-generation tech- of the program to develop a credential cities. We must also ensure that for- nologies for nonintrusive inspections card postpones enhancements to port eign ports, especially those ports in which the private sector is unlikely to security and complicates port stake- less prosperous countries, are safe and develop. It is time for that to change. holders’ efforts to make the appro- secure because this cargo comes to our Our technologies are only as good as priate investment decisions regarding ports as well. the people operating them. That is why security infrastructure. The amendment, therefore, provides we also have included $10 million for Just this week, Homeland Security $50 million to help those countries that CBP training. That amendment would Secretary Chertoff announced that may not have the wherewithal to provide $10 million to train CBP offi- DHS will finally begin background achieve the latest cargo scanning tech- cers so they can utilize new tech- checks on port workers as a precursor nologies because without that kind of nologies and processes to improve port to a nationwide rollout of this long- support, those ports could remain the security. awaited port worker credential pro- weakest link in our international port It actually takes six such officers gram by the fall of 2006. I am glad they security chain. We have to make sure alone to safely operate one vehicle and are finally getting around to doing they do not become the easy targets cargo inspection unit. Right now at this. for terrorists looking for lax security Port Elizabeth in Newark, they operate But there is one problem, and that is practices. four of those mobile units and two sta- that they lack fiscal 2006 funding to I listened a lot to those in the ship- tionary ones. That is 36 officers dedi- implement the rollout. So we better ping industry, and officials have stated cated solely to operating one scanning hope that DHS has put some money that the Container Security Initiative technology. Those officers need to be away in its coffers to pay for this big operated by Customs and the Border trained before they can operate those event. It is probably not wise to bank Patrol is highly dependent on the will- units. on a timely passage of the 2007 spend- ingness of a foreign port to participate Cargo volume is forecast to increase. ing bill in time to provide DHS with in the program and to effectively im- We want to see that in the context of the funds they need for that rollout. plement security measures. But even if our trade and economy, but terminal We can certainly hope that is the case, a foreign port is prepared to partici- operators are extending commercial but I wouldn’t want to jeopardize a pate and to implement security meas- hours to accommodate that increased rollout of a critical program by bank- ures, they may lack the funding to pro- cargo volume. We have to make sure it ing on something that may or may not cure the technologies and to hire and moves quickly and safely. Doing so not happen in time. train adequate personnel to do so. only requires effective modern tech- That is why this amendment also al- In compounding this potential secu- nologies but also a sufficient number of lows DHS to have the funds necessary rity gap, the shipping industry has well-trained staff to operate the scan- on an urgent, near-term basis, so that noted there is inconsistency among ning and detection equipment. That is we can finally, 2 years later, get to U.S. ports in the way they operate. So going to require additional officers to where we need to be. if there are already operational incon- be on the job for extended hours and Let me close by reminding us all that sistencies among U.S. ports, one can even on the weekends. strengthening security at our ports is

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3679 not going to be cheap. Given the budg- But we check every airline passenger make sure people would not have to etary challenges we face, we under- for weapons. We do not just look at an wait. So I am sure we can work some- stand it is a difficult choice. But an at- airline passenger’s ticket and say ‘‘OK, thing out. tack on one of our ports would not only on paper, this guy looks fine.’’ Mrs. MURRAY. Mr. President, I cause a tremendous toll in loss of life, That is the Bush administration’s amend my unanimous consent request, but it would also shut down a port and current idea of port security—just a and I would ask for 1 minute for myself all of the economic activity it gen- simple look at the paperwork. in the intervening time. erates. Mr. President, we need to check con- The PRESIDING OFFICER. Without Just in my home State of New Jersey tainers for WMDs. The amendment of objection, it is so ordered. alone, with the third largest port in my friend, Senator MENENDEZ, will give Mr. CHAMBLISS. Mr. President, the country, the mega port of the east us the tools we need to do this. It will what is the pending business? coast, 200,000 jobs, $25 billion of eco- adequately protect our ports, our econ- The PRESIDING OFFICER. The nomic activity, that is what is at omy and our lives. pending amendment is the Menendez stake, in addition to the lives. I urge my colleagues to support the amendment. If we could roll back the clock 10 Menendez amendment. AMENDMENT NO. 3702 years and spend a few billion dollars to The PRESIDING OFFICER. The Sen- Mr. CHAMBLISS. Mr. President, I raise the levees in New Orleans to be ator from Georgia. ask unanimous consent that the able to withstand a category 5 hurri- Mr. CHAMBLISS. I yield to the Sen- Menendez amendment be set aside and cane, we could have saved hundreds of ator from Washington. that I be allowed to call up amendment lives, as well as the billions of dollars Mrs. MURRAY. I appreciate that. Mr. No. 3702. more that it would take to rebuild that President, I rise to ask for a unani- The PRESIDING OFFICER. Without city. I don’t want our country to look mous consent agreement so we can set objection, it is so ordered. back in hindsight a few years from now in order the speakers that we have left The clerk will report. with the realization that had we spent on our side. I see you have several on The assistant legislative clerk read the necessary dollars now to improve your side as well, so perhaps we can as follows: the security at our ports, we could work together to do this. But we have The Senator from Georgia [Mr. CHAM- have prevented a major terrorist at- remaining Senator CONRAD, who would BLISS], for himself and Mr. ISAKSON, proposes an amendment numbered 3702. tack. like 7 minutes; Senator LEVIN who Who among us would be satisfied in would like 2 minutes; Senator SCHUMER Mr. CHAMBLISS. Mr. President, I the aftermath of an attack that we did would like 5 minutes, and I would like ask unanimous consent that the read- not take the steps that we could have 1 minute to offer an amendment on be- ing of the amendment be dispensed in order to prevent such an attack be- half of Senator HARKIN. If we could set with. cause we were unwilling to make the in order a time on those, we would be The PRESIDING OFFICER. Without commitment to do so? That is the happy to go back and forth with the objection, it is so ordered. The amendment is as follows: choice the Congress faces for the secu- Members on your side who would like rity of our country. It is an essential to speak. (Purpose: Relating to the comprehensive re- Mr. ALLARD. Mr. President, if the view of the procedures of the Department one that we need to make right now, of Defense on mortuary affairs) and this amendment offers that oppor- Senator from Washington will yield, I would ask that on this side, following On page 253, between lines 19 and 20, insert tunity. the following: the Democratic speaker, whoever that Mr. President, I yield the floor. COMPREHENSIVE REVIEW ON PROCEDURES OF is, that I be allowed to speak, and then Mr. LAUTENBERG. Mr. President, I THE DEPARTMENT OF DEFENSE ON MORTUARY rise in support of the Menendez amend- following me would be Senator CORNYN, AFFAIRS ment to adequately fund port and con- and that there be an intervening—since SEC. 7032. (a) REPORT.—As soon as prac- tainer security. we are switching sides back and forth, ticable after the completion of the com- Our ports are vulnerable to a ter- I assume that you would have some- prehensive review of the procedures of the rorist attack. We know this. body to put in the queue. So I would Department of Defense on mortuary affairs, We only inspect about 5 percent of ask that you modify your unanimous the Secretary of Defense shall submit to the the shipping containers that enter our consent request. congressional defense committees a report country. Mrs. MURRAY. Mr. President, I on the review. (b) ADDITIONAL ELEMENTS.—In conducting Terrorists could smuggle themselves, would be happy to modify my unani- the comprehensive review described in sub- traditional weapons, and nuclear or mous consent request to say that fol- section (a), the Secretary shall also address, chemical weapons into a harbor. lowing the Senator from Georgia, Sen- in addition to any other matters covered by From there, they could potentially ator CONRAD be recognized for 7 min- the review, the following: launch an attack even more dev- utes, that Senator ALLARD then be rec- (1) The utilization of additional or in- astating than 9/11. ognized, Senator LEVIN for 2 minutes, creased refrigeration (including icing) in In my home State of New Jersey— Senator CORNYN for whatever time he combat theaters in order to enhance preser- vation of remains. where we lost some 700 victims on 9/ asks for, Senator SCHUMER for 5 min- (2) The relocation of refrigeration assets 11—Federal officials have identified the utes, and then Senator BYRD. further forward in the field. 2-mile stretch between Port Newark The PRESIDING OFFICER. Is there (3) Specific time standards for the move- and Newark Liberty International Air- objection? Without objection, it is so ment of remains from combat units. port as the most dangerous target in ordered. (4) The forward location of autopsy and the United States for terrorism. Mrs. MURRAY. Mr. President, if my embalming operations. But port security is not just a local colleagues would advise how much (5) Any other matters that the Secretary concern. Our ports are essential to the time they have so we can let our Sen- considers appropriate in order to speed the flow of goods and commodities in our ators know when to be on the floor so return of remains to the United States in a national economy, and vital to our we can move things along more quick- non-decomposed state. (c) ADDITIONAL ELEMENT OF POLICY ON CAS- military; 95 percent of all goods im- ly. Can the Senators from Texas and UALTY ASSISTANCE TO SURVIVORS OF MILI- ported into this country arrive by ship. Colorado tell us how much time they TARY DECEDENTS.—Section 562(b) of the Na- Mr. President, this administration’s want? tional Defense Authorization Act for Fiscal mishandling of the Dubai Ports deal Mr. ALLARD. I want 1 minute to Year 2006 (Public Law 109–163; 119 Stat. 3267; has highlighted the fact that our ports offer an amendment and then another 10 U.S.C. 1475 note) is amended by adding at are still vulnerable. one I want to call up. I think I can get the end the following new paragraph: We need a way to ensure that 100 per- that accomplished within 7 minutes, so ‘‘(12) The process by which the Department cent of the containers coming into our I request 7 minutes. of Defense, upon request, briefs survivors of military decedents on the cause of, and any country are WMD-free. Mr. CORNYN. Mr. President, I need investigation into, the death of such mili- The Bush administration has said about 20 minutes, but I would be will- tary decedents and on the disposition and that we can’t check all containers com- ing to work with the other side if there transportation of the remains of such dece- ing into the U.S. for WMD’s. are short-time speakers, to try to dents, which process shall—

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3680 CONGRESSIONAL RECORD — SENATE April 27, 2006 ‘‘(A) provide for the provision of such brief- assigned to the 1st Battalion, 108th ensures that the Department provides ings by fully qualified Department per- Armor Regiment, serving in Iraq last updates to the family whenever new in- sonnel; summer. Sergeant Saylor’s humvee formation becomes available. ‘‘(B) ensure briefings take place as soon as was part of a six-vehicle convoy and Mr. President, the unimaginable grief possible after death and updates are provided in a timely manner when new information ran off the road into a canal early on and sorrow that a family experiences becomes available; the morning of August 15, 2005, near when their soldier makes the ultimate ‘‘(C) ensure that— Mahmudiyah, Iraq, and Sergeant sacrifice should not be made even more ‘‘(i) such briefings and updates relate the Saylor drowned along with two of his distressing by not allowing the family most complete and accurate information fellow soldiers. an opportunity to say their final good- available at the time of such briefings or up- Due to several factors, Sergeant bye. I strongly commend the Saylor dates, as the case may be; and Saylor’s body reached an advanced family for their courage and strength ‘‘(ii) incomplete or unverified information state of decomposition before it was re- in sharing their family’s experience is identified as such during the course of turned to the United States, and the such briefings or updates; and and their comments relative to this ‘‘(D) include procedures by which such sur- Saylor family was unable to view Ser- process with us so that we in the U.S. vivors shall, upon request, receive updates or geant Saylor’s remains at his funeral. I Congress can work to ensure that other supplemental information on such briefings think we can all understand the extent military families do not have to go or updates from qualified Department per- to which this added to the grief of the through the same thing. sonnel.’’. Saylor family and can sympathize with Mr. President, I urge my colleagues Mr. CHAMBLISS. Mr. President, this them and any other family in this situ- to support the amendment. bill that we are debating today will ap- ation and commit ourselves to doing AMENDMENT NO. 3714 propriate somewhere in the neighbor- our absolute best to ensure that this Mrs. MURRAY. Mr. President, I ask hood of $70 billion for ongoing oper- does not happen again. unanimous consent to set aside the ations in Iraq, Afghanistan, and the The process and policies related to pending amendment in order to call up War on Terrorism. This money is im- how we treat the remains of our fallen HARKIN amendment No. 3714. portant to ensure that our military has heroes and how we communicate and The PRESIDING OFFICER. Without the resources necessary to win this war interact with their survivors deserves objection, it is so ordered. and continue to be the best equipped, the absolute highest priority that we The clerk will report. best trained, and best led military in can give. It is extremely unfortunate The assistant legislative clerk read the world. However, there is another that survivors are ever unable to view as follows: side to this war on terrorism that the remains of their family members The Senator from Washington [Mrs. MUR- doesn’t deal with money. It deals with and, therefore, unable to say their final RAY], for Mr. HARKIN, proposes an amend- something more important than goodbye and obtain the sense of closure ment numbered 3714. money, and that is people. that we all know is so important in Mrs. MURRAY. Mr. President, I ask We are sending our young men and these situations. It is also the case unanimous consent that the reading of women overseas to faraway places to that on occasion, survivors have been the amendment be dispensed with. fight and win this war. These men and given incomplete or inaccurate infor- The PRESIDING OFFICER. Without women are the most important part of mation relative to what happened to objection, it is so ordered. this war—more important than any their family members and how their re- The amendment is as follows: tank, any humvee, any airplane, or any mains were handled after they died. (Purpose: To increase by $8,500,000 the ship that we will buy with the money This is also extremely unfortunate and amount appropriated for Economic Sup- that we will appropriate through the adds grief to an already grieving fam- port Fund assistance, to provide that such bill that we are debating today. ily. funds shall be made available to the United I have been to visit our young men The amendment that Senator ISAK- States Institute of Peace for programs in and women fighting in Iraq on four dif- SON and I have proposed calls on the Iraq and Afghanistan, and to provide an ferent occasions. I have gone on these Department of Defense to improve offset) trips with the intention of seeing first- their current policy related to mor- On page 126, between lines 12 and 13, insert hand what is happening in the theater tuary affairs, how the remains of serv- the following: and to say thank you to the men and icemembers are handled, and how the UNITED STATES INSTITUTE OF PEACE PROGRAMS women, with their boots on the ground, military communicates with survivors IN IRAQ AND AFGHANISTAN with the hope of encouraging our serv- relative to their deceased family mem- SEC. 1406. (a) The amount appropriated by icemembers who are on the front lines bers. This amendment will ensure that this chapter for other bilateral assistance in this global war on terrorism. But as we are doing absolutely everything we under the heading ‘‘ECONOMIC SUPPORT FUND’’ is hereby increased by $8,500,000. all of us who have gone to visit our sol- can to ensure the remains of our fallen (b) Of the amount appropriated by this diers overseas find, we are the ones heroes receive the respect and care chapter for other bilateral assistance under who wind up being encouraged and in- they deserve, and that their family re- the heading ‘‘ECONOMIC SUPPORT FUND’’, as spired by them. We are encouraged by ceives the best treatment, as well as increased by subsection (a), $8,500,000 shall be their professionalism, their maturity, the most timely, accurate information made available to the United States Insti- their commitment, and their courage possible. tute of Peace for programs in Iraq and Af- to do the job that our country has Specifically, this amendment calls on ghanistan. asked them to do. the Department of Defense to improve (c) Of the funds made available by chapter However, we all know that some of policies related to refrigeration of re- 2 of title II of division A of the Emergency Supplemental Appropriations Act for De- these brave men and women do not re- mains in theater, the specific time fense, the Global War on Terror, and Tsu- turn. Some of our soldiers, sailors, air- standards for movement of remains, as nami Relief, 2005’’ (Public Law 109–13) for men, and marines have given their well as examine the feasibility of for- military assistance under the heading lives in this global war on terrorism. ward locating autopsy and embalming ‘‘PEACEKEEPING OPERATIONS’’ and available These men and women are, in the full- operations from the continental United for the Coalition Solidarity Initiative, est sense of the words, fallen heroes States to theater, and modify any $8,500,000 is rescinded. who have given the greatest sacrifice other factors that could possibly short- AMENDMENT NO. 3621 possible so that we in this country, as en the time line for returning soldiers Mr. WARNER. Mr. President, I un- well as the Iraqi people, the Afghan in a nondecomposed state. derstand from the managers that people, and people in less fortunate This amendment also calls on the De- amendment No. 3621 has been agreed to parts of the world than the United partment to improve their policies for on both sides. First, let me describe States, can live in a world that is safe communicating with family members this amendment. and free from terror. to ensure family members are briefed Mr. President, today we are holding SGT Paul Saylor was one of these he- by fully qualified Department of De- expectations that a new unity in gov- roes. Sergeant Saylor was from Bre- fense personnel, that any partial or ernment in Iraq will soon be com- men, Georgia, and was a member of the unverified information that families pleted. It has been long awaited. I have Georgia National Guard’s 48th Brigade, are provided is identified as such, and just completed. I think, my seventh

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3681 trip there with Senator LEVIN and In my view, this represents impor- The administration, at their initia- other Members of the Senate. We had a tant forward momentum, which has tive, asked OMB to draw up the legisla- delegation of six. been long awaited. The new leadership tion, which I submit today in the form During the course of our inspection in Iraq is making commitments to of an amendment. visit, it was repeatedly brought to our complete cabinet selection and take I hope this will garner support across attention that there was a desperate other actions to stand up a unity gov- the aisle—Senator CLINTON has cer- need for additional civilians from the ernment. This is a pivotal moment in tainly been active in this area, as have Department of Energy to work on the that critical period many of us spoke others—and that we can include this on power systems, the oil, and from the about after the December elections. We the supplemental appropriations bill. Department of Justice to work on the must be steadfast and demonstrate a The urgency is now, absolutely now. civil justice system; from the Depart- strong show of support for Iraq’s Every day it becomes more and more ment of Health, Education and Welfare emerging government. critical that the message of 11 million to work on the health situations. And I For 3 years now the coalition of mili- Iraqi voters in December not be si- have been working with members of tary forces have, from the beginning, lenced. We want a government, a uni- the administration, and, indeed, the performed with the highest degree of fied government stood up and oper- President himself on two occasions has professionalism, and they and their ating. To do that, this emerging Iraqi stressed the importance of encouraging families have borne the brunt of the Government, will utilize such assets as more civilians within our civil struc- loss of life, injury, and separation. we can provide them from across the ture to go over and help this govern- In hearings of the Armed Services entire spectrum of our Government. ment fully establish itself, exercise the Committee this year, with a distin- Our troops have done their job with the responsibilities of sovereignty, and to guished group of witnesses, and based coalition forces. move forward. on two—and I say this most respect- Now it is time for others in our Fed- There need to be modest corrections fully and humbly—personal conversa- eral work force to step forward and add made to the existing law to enable the tions I have had with the President of their considerable devotion and exper- Secretaries and heads of the agencies the United States and, indeed, the Sec- tise to make the peace secure in those to provide certain benefits, induce- retary of State, I very forcefully said nations so the lands of Iraq and Af- ments, and other situations with their to each of them that we need to get the ghanistan do not revert to havens for respective individual employees in the entirety of our Federal Government en- terrorism and destruction. I know hopes that they can quickly give up gaged to a greater degree. many in our exceptional civilian work- the security of their neighborhoods and The Department of Defense concurs. I force will answer this noble call in the life today and join the brave men and was struck by the 2006 QDR which so name of free people everywhere. women of the Armed Forces in, hope- aptly states that: I have sent a letter to the Chief of fully, completing in a shorter period of Success requires unified statecraft: The Staff at the White House in this regard ability of the U.S. Government to bring to on March 15, and I ask unanimous con- time this task to provide for full sov- bear all elements of national power at home ereignty in Iraq. sent it be printed in the RECORD. and to work in close cooperation with allies There being no objection, the mate- Many civilian agencies and depart- and partners abroad. rial was ordered to be printed in the ments already have provisions to pro- I would add that General Abizaid, RECORD, as follows: vide pay, allowances, benefits, and gra- when he appeared before our com- tuities in danger zones. However, oth- mittee this year, stated in his posture UNITED STATES SENATE, COMMITTEE ON ARMED SERVICES, ers do not. This amendment applies to statement: those currently without such authori- Washington, DC, March 15, 2006. We need significantly more non-military Mr. ANDREW H. CARD, Jr., ties. personnel * * * with expertise in areas such Over the past few months, the Presi- Chief of Staff, The White House, as economic development, civil affairs, agri- Washington, DC. dent has explained candidly and frank- culture, and law. DEAR MR. CARD: Over the past few months, ly, what is at stake in Iraq and Afghan- I fully agree. I along with 5 other the President has candidly and frankly ex- istan. The free nations of the world Senators heard the same sentiments plained what is at stake in Iraq. I firmly be- must be steadfast in helping the people from our field commanders and diplo- lieve that the success or failure of our efforts of these nations to attain a level of de- matic officials during at trip to Iraq in Iraq may ultimately lie at how well the mocracy and freedom of their own and Afghanistan last month. next Iraqi government is prepared to govern. For the past 3 years, the United States and choosing. The United States has a talented and our coalition partners have helped the Iraqi It is vital to the security of the magnificent Federal work force whose people prepare for this historic moment of American people that we help them skills and expertise are in urgent need self-governance. succeed such that their lands never in Iraq and Afghanistan. We must pro- Our mission in Iraq and Afghanistan re- again become the breeding ground or vide our agency heads with the tools quires coordinated and integrated action haven for terrorism as was Afghanistan they need to harness these elements of among all federal departments and agencies for Osama bin Laden and Al Qaeda. national power at this critical time. of our government. This mission has re- We have seen how terrorists and in- I have spoken about this publicly on vealed that our government is not ade- previous occasions. I have written to quately organized to conduct interagency op- surgents in Iraq have failed to stop erations. I am concerned about the slow pace Iraq’s democratic progress. each cabinet secretary asking for a re- of organizational reform within our civilian They tried to stop the transfer of view of their current and future pro- departments and agencies to strengthen our sovereignty in June 2004; grams to support out Nation’s goals interagency process and build operational They tried to stop millions from vot- and objectives in Iraq and Afghanistan, readiness. ing in the January 2005 elections; and I have spoken to the President In recent months, General Peter Pace, They tried to stop Sunnis from par- about this. USMC, Chairman, Joint Chiefs of Staff, and ticipating in the October 2005 constitu- The aim of this bill is to assist the General John Abizaid, USA, Commander, tional referendum; United States Government in recruit- United States Central Command, have em- They tried to stop millions from vot- phasized the importance of interagency co- ing personnel to serve in Iraq and Af- ordination in Iraq and Afghanistan. General ing in the December 2005 elections to ghanistan, and to avoid inequities in Abizai stated in his 2006 posture statement form a permanent government under allowances, benefits, and gratuities to the Senate Armed Services Committee that constitution; and among similarly-situated United that ‘‘we need significantly more non-mili- In each case, they failed. States Government civilian personnel. tary personnel * * * with expertise in areas Just in the past few days, there have It is essential that the heads of all such as economic development, civil affairs, been significant, encouraging develop- agencies that have personnel serving in agriculture, and law.’’ ments toward forming a unity govern- Iraq and Afghanistan have this author- Strengthening interagency operations has ment in Iraq. Clearly, the efforts of ad- become the foundation for the current Quad- ity with respect to allowances, bene- rennial Defense Review (QDR). The QDR so ministration officials and congres- fits, and gratuities for such personnel. aptly states that ‘‘success requires unified sional members in meetings with Iraqi In my conversations with President statecraft: the ability of the U.S. Govern- leaders and parliamentarians have con- Bush and the cabinet officers and oth- ment to bring to bear all elements of na- tributed to these developments. ers, there seems to be total support. tional power at home and to work in close

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3682 CONGRESSIONAL RECORD — SENATE April 27, 2006 cooperation with allies and partners In response, the Navy has implemented costs that are sorely needed to support abroad.’’ In the years since passage of the fundamental changes to fleet deploy- greater priorities, and it levies and un- Goldwater-Nichols Act of 1986, ‘‘jointness’’ ment practices that have increased told burden on the lives of the sailors has promoted more unified direction and ac- total force availability, and it has and their families assigned to the Ken- tion of our Armed Forces, I now believe the time has come for similar changes to take fielded advances in ship systems, air- nedy. place elsewhere in our federal government. craft, and precision weapons that have We in the Congress have an obliga- I commend the President for his leadership provided appreciably greater combat tion to ensure that our brave men and in issuing a directive to improve our inter- power than 4 years ago. women in uniform are armed with the agency coordination by signing the National However, we must consider that the right capability when and where called Security Presidential Directive–44, titled Navy is at its smallest size in decades, upon to perform their mission in de- ‘‘Management of Interagency Efforts Con- and the threat of emerging naval pow- fense of freedom around the world. Pre- cerning Reconstruction and Stabilization,’’ ers superimposed upon the Navy’s viously, we have questioned the steady dated December 7, 2005. I applaud each of the heads of departments and agencies for work- broader mission of maintaining global decline in naval force structure, raising ing together to develop this important and maritime security, requires that we concerns with regard to long term im- timely directive. modernize and expand our Navy. pacts on operations, force readiness, I have sent letters to nearly all cabinet- The longer view dictated by naval and the viability of the industrial base level officials asking for their personal re- force structure planning requires that that we rely upon to build our Nation’s view of the level of support being provided by we invest today to ensure maritime Navy. Accordingly, I am encouraged by their respective department or agency in dominance 15 years and further in the and strongly endorse the Navy’s vision support of our Nation’s objectives in Iraq future; investment to modernize our for a larger, modernized fleet, sized and and Afghanistan. Following this review, I re- quested that they submit a report to me no aircraft carrier force, to increase our shaped to remain the world’s dominant later than April 10, 2006, on their current and expeditionary capability, to maintain seapower through the 21st century. projected activities in both theaters of oper- our undersea superiority, and to de- However, to achieve this expansion ations, as well as their efforts in imple- velop the ability to penetrate the while managing limited resources, it is menting the directive and what additional littorals with the same command we necessary to retire the aging conven- authorities or resources might be necessary possess today in the open seas. tional carriers that have served this to carry out the responsibilities contained in The 2005 Quadrennial Defense Review country for so long. the directive. impresses these critical requirements To this end, Mr. President, I offer I believe it is imperative that we leverage the resident expertise in all federal depart- against the backdrop of the National this amendment which would eliminate ments and agencies of our government to ad- Defense strategy and concludes that the requirement for the naval combat dress the complex problems facing the the Navy must build a larger fleet. forces of the Navy to include not less emerging democracies in Iraq and Afghani- This determination is in whole agree- than 12 operational aircraft carriers. stan. I am prepared to work with the execu- ment with concerns raised by congress I spoke to this amendment 2 days tive branch to sponsor legislation, if nec- as the rate of shipbuilding declined ago. Several colleagues, I know, have essary, to overcome challenges posed by our over the past 15 years. Now we must fi- an interest in it. But here is the situa- current organizational structures and proc- nance this critical modernization, and tion. John F. Kennedy bears one of the esses that prevent an integrated national re- most famous names in naval history. sponse. in doing so we must strike an afford- I look forward to continued consultation able balance between existing and fu- That ship has sailed for 38 years in on this important subject. ture force structure. harm’s way to defend the interests of With kind regards, I am The centerpiece of the Navy’s force this country. That ship has finally Sincerely, structure is the carrier strike group, come to its resting place. It is now JOHN WARNER, and the evaluation of current and fu- berthed in Jacksonville, FL. It has Chairman. ture aircraft carrier capabilities by the been the determination of the Chief of Mr. WARNER. My understanding is Quadrennial Defense Review has con- Naval Operations that its present con- the amendment was introduced by my- cluded that 11 aircraft carriers provide dition—it is a conventionally powered self, I think 2 days ago. There was the decisively superior combat capa- ship—no longer enables that ship to some debate at that time. I know of no bility required by the national defense perform its primary mission, namely opposition to it. strategy. Carefully considering this launching and retrieving aircraft and Therefore, I ask the pending amend- conclusion, we must weight the risk of other associated missions of a carrier. ment be laid aside and that the Senate reducing the naval force from 12 to 11 Its systems have finally worn out. Its consider this amendment. aircraft carriers against the risk of powerplant has worn out. The PRESIDING OFFICER. Is there failing to modernize the naval force. At 38 years of age and the enormous objection? Without objection, it is so Maintaining 12 aircraft carriers investment necessary to bring it ordered. would require extending the service life back—if in fact they could repair it, Is there further debate on the amend- and continuing to operate the USS and there is some doubt as to whether ment? The question is on agreeing to John F. Kennedy, CV–67. even with the expenditure of huge sums the amendment. The compelling reality is that today they could repair it—then the ship The amendment (No. 3621) was agreed the 38 year old USS John F. Kennedy, would have a limited life. to. CV–67, is not qualified to perform her We have known for about 3 or 4 Mr. WARNER. Mr. President, I move primary mission of aviation oper- months about the condition of this ship to reconsider the vote and I move to ations, and she is not deployable with- and the Navy’s intention to retire it. A lay that motion on the table. out a significant investment of re- year or so ago, I and others put in a The motion to lay on the table was sources. Recognizing the great com- law by which we told the Department agreed to. plexity and the risks inherent to naval of Defense that they must maintain a AMENDMENT NO. 3620 aviation, there are very real concerns fleet of 12 carriers. This amendment Mr. WARNER. Mr. President, I wish regarding the ability to maintain the simply amends that law such that that to bring up a second amendment. It re- Kennedy in an operationally safe condi- number is now 11, and thereby allows lates to the Carrier John F. Kennedy. I tion for our sailors at sea. this ship to be retired. ask I be permitted here momentarily In the final assessment, the costs to I would point out to my colleagues, to have this amendment called up. extend the service life and to safely op- quite apart from the fame of this ship, The department of defense has sub- erate and deploy this aging aircraft there are 2,000 sailors in the ship’s mitted its report to the Congress on carrier in the future prove prohibitive company. If you added up all the fam- the Quadrennial Defense Review for when measured against the critical ily members of the total naval family 2005 and, as we are all well aware, in need to invest in modernizing the naval of husbands and wives and children as- the 4 years since the previous Quadren- force. sociated with that ship, it is probably nial Defense Review the global war on Meanwhile, each month that we as high as 5,000 individuals. They must terror has dramatically broadened the delay on this decision costs the Navy be considered, as to their future. Right demands on our naval combat forces. $20 million in operations and manpower now there is no future. They have to

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3683 remain aboard that ship until certain is simply unacceptable, to be running and by closing other tax loopholes and steps are taken to begin to fully deacti- up the debt in these record amounts, miscellaneous offsets of $1 billion. vate it. But not all of them. Most will especially before the baby boomers re- This is the legislation, this is the be transferred to other assignments tire. If the budget that is now stalled amendment. It pays for the war costs— and their families relocated. between the House and the Senate is $74 billion. We are going to see those It is costing the taxpayers $20 million adopted, the debt will go up each and who are serious about being fiscally re- a month to maintain that size of crew every year, $500 billion or $600 billion a sponsible and those who just want to and this ship in Jacksonville, FL. I year, until we reach a debt of $11.8 tril- talk about it. This is an opportunity to think it is the appropriate time the lion. pay for the war costs that should have Senate recognize we must entrust to When this President came into office, been budgeted, that should have been the Chief of Naval Operations, and to the debt was $5.2 trillion. At the end of paid for in the regular order. others, the decision to retire this ship. his first year—we don’t hold him re- I hope my colleagues will support This amendment is for that purpose. I sponsible for the first year because we this amendment. Let’s get serious am the last one to ever want to retire were still operating under the policies about addressing the explosion of debt naval ships, and I have had the experi- of the previous administration—we and deficits in this country. ence as a former Secretary of the Navy, were in surplus. At the end of his first I yield the floor. but I recognize that time comes. It has year the debt was $5.8 trillion. At the The PRESIDING OFFICER. The Sen- come with this famous ship. end of this year it will be $8.6 trillion, ator from Colorado. I do not want this issue to be used in headed for almost $12 trillion. It is Mr. ALLARD. Mr. President, what is a way to detract from the extraor- time we get serious about dealing with the regular order? dinary record of this ship and the the fiscal imbalances in this country. The PRESIDING OFFICER. The Sen- proud name it bears. I hope my col- Here is one of the results of this fis- ator is recognized to offer an amend- leagues will agree to allow this amend- cal policy. It took all these Presidents, ment. ment to be called up for consideration. 42 of them, 224 years to run up $1 tril- AMENDMENT NO. 3701 The PRESIDING OFFICER. Is there lion of debt held by foreigners. This Mr. ALLARD. Mr. President, I call objection to laying aside the pending President in just 5 years has more than up amendment No. 3701 on behalf of amendment? doubled that amount, more than dou- myself, Senator DURBIN, and Senator Mrs. MURRAY. Mr. President, I have bled the amount that 42 Presidents ran MIKULSKI, and ask for its immediate to object at this time. up in terms of foreign debt. consideration. The PRESIDING OFFICER. Objec- The Comptroller General of the The PRESIDING OFFICER. Without tion is heard. United States, Mr. Walker, has warned: objection, the pending amendments are AMENDMENT NO. 3715 Continuing on this unsustainable fiscal set aside. The clerk will report. Mr. CONRAD. Mr. President, I ask path will gradually erode, if not suddenly The legislative clerk read as follows: damage, our economy, our standard of living, unanimous consent to set aside the The Senator from Colorado [Mr. ALLARD] and ultimately our national security. pending amendment and call up for himself, and Mr. DURBIN, and Ms. MIKUL- amendment No. 3715 and ask for its im- Let’s pay for at least the war costs SKI, proposes an amendment numbered 3701. mediate consideration. that are in this underlying amend- Mr. ALLARD. I ask unanimous con- The PRESIDING OFFICER. Is there ment. We can do that much. The emer- sent the reading of the amendment be objection? Without objection, it is so gency provisions, those things that dispensed with. ordered. were unpredictable, maybe we can un- The PRESIDING OFFICER. Without Mr. CONRAD. I also ask unanimous derstand that those things aren’t paid objection, it is so ordered. consent Senator CLINTON be included as for in the underlying amendment. But The amendment is as follows: original cosponsor. the war costs? My goodness, we have (Purpose: To provide funding for critical The PRESIDING OFFICER. Without been at war more than 3 years. These emergency structural repairs to the Cap- objection, it is so ordered. things should have been budgeted for. itol Complex utility tunnels) The clerk will report the amendment. They should have been paid for. That is At the appropriate place, insert the fol- The assistant legislative clerk read what I propose in this amendment. I do lowing: as follows: it in a way that I think is fiscally re- TITLE ll—OTHER MATTERS The Senator from North Dakota [Mr. CON- sponsible. LEGISLATIVE BRANCH RAD], for himself and Mrs. CLINTON, proposes We provide the same offsets as the ARCHITECT OF THE CAPITOL an amendment numbered 3715. Senate-passed tax bill, closing the tax CAPITOL POWER PLANT Mr. CONRAD. I ask unanimous con- gap by shutting down abusive tax shel- ters and providing for other reforms. For an additional amount for ‘‘Capitol sent the reading of the amendment be Power Plant’’, $27,600,000, to remain avail- dispensed with. That raises $19 billion. That includes able until September 30, 2011: Provided, That The PRESIDING OFFICER. Without revoking tax benefits for leasing for- the amount provided under this heading is objection, it is so ordered. eign subway and sewer systems. What a designated as an emergency requirement (The amendment is printed in today’s scam that is. Companies are buying pursuant to section 402 of H. Con. Res. 95 RECORD under ‘‘Text of amendments.’’) foreign sewer systems and depreciating (109th Congress), the concurrent resolution Mr. CONRAD. Mr. President, this is it on their U.S. taxes, and then leasing on the budget for fiscal year 2006. an important amendment. This is an them back to the foreign cities where Mr. ALLARD. Mr. President, this amendment to pay for the war costs those sewer systems exist. What a amendment would provide $27.6 million that are in the underlying legislation. scam. Let’s close it down. to the Architect of the Capitol to make The alternative is to simply stack the We do it by ending loopholes for large emergency repairs to utility tunnels war costs on the debt. I believe these oil companies, which raises $5 billion; that serve the Capitol complex, includ- war costs should have been budgeted requiring tax withholding on Govern- ing asbestos abatement. Unfortunately, for and paid for. Instead, we just keep ment payments to contractors such as this problem has come to our attention putting it on the charge card. Halliburton, withholding that others recently, and it is a serious crisis that I want to put in context our overall are asked to do in our society. Why not can’t wait for the fiscal year 2007 ap- fiscal condition. This looks back to them? We do it by renewing the Super- propriations bill. 2001, when we last had a surplus. Every fund tax so that polluting companies About 2 months ago, the Office of year the deficits have been up, up, and pay for cleaning up toxic waste sites, Compliance filed a complaint with the away. This year they are projecting a which raises $9 billion; ending a loop- Architect of the Capitol due to the con- deficit of $371 billion. But that is the hole that rewards U.S. companies that ditions of these utility tunnels, includ- tip of the iceberg because the fact is move manufacturing jobs overseas ing the possibility of tunnel cave-ins, the deficit is much smaller than the raises $6 billion; repealing the phaseout the presence of unsafe levels of asbes- amount that is being added to the debt. of limits on personal exemptions and tos, inadequate means of emergency This year we now anticipate the debt itemized deductions for very high- egress, and inadequate means of com- will be increased by $654 billion. That wealth individuals raises $28 billion; munications for those who work in the

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3684 CONGRESSIONAL RECORD — SENATE April 27, 2006 utility tunnels. This is the first time workers is not jeopardized. This fund- tions for which citations were issued in the compliance office has filed a com- ing will allow the Architect’s office to 2000, obtain a comprehensive and cred- plaint—a step up from a citation. immediately begin critical design work ible safety assessment that specifically When this issue was brought to our on replacing the ‘‘Y’’ tunnel, which is addresses all hazardous conditions, and attention, Senator DURBIN and I held in the worst condition, including struc- particularly the issues raised by the oversight hearings with the Architect tural repair, egress improvements, as- tunnel employees, develop and imple- and demanded a plan to ensure employ- bestos abatement, and temperature im- ment a plan to remedy the hazardous ees who work in the tunnels are pro- provements. The funding will also ac- conditions and maintain a safe working tected from unsafe levels of asbestos, celerate work on replacing the roof on environment, and address the security fix falling concrete, provide adequate the ‘‘R’’ tunnel and for other commu- concerns these tunnels present. means of egress throughout the tun- nications, structural repairs, and emer- The response I received was that the nels, improve communications for util- gency escape routes. Without this fund- Architect needs additional funds in ity workers, secure the tunnels so only ing, we continue to place these employ- order to make the necessary repairs. authorized employees are given access, ees in life-threatening working condi- This amendment would provide the and review whether tunnel workers are tions. I urge my colleagues to support money needed to make sure that these receiving an appropriate level of envi- this critically needed funding. brave men working in tunnels are safe. ronmental or hazardous duty pay. Ms. MIKULSKI. Mr. President, I rise The tunnel workers should not have to In response, the Architect sent a pre- tonight along with my colleagues Sen- wait another day to be assured of a safe liminary plan for fixing the tunnels ator ALLARD and Senator DURBIN to and secure working environment. They with a price tag that could ultimately speak in support of an amendment we already have waited too long. reach several hundred million dollars. introduced today to the Emergency The PRESIDING OFFICER. Is there Frankly, I was shocked by the mag- Supplemental bill. This amendment further debate? If not, the question is nitude of this problem and the cost es- provides $27.6 million in Federal funds on agreeing to the amendment. timate. I was appalled that this prob- to repair unsafe working conditions in The amendment (No. 3701) was agreed lem was identified by the Office of the tunnels below the Capitol Building. to. Compliance in a citation 6 years ago, This amendment is needed now because Mr. ALLARD. Mr. President, I move and hasn’t been put on a fast track for the Architect of the Capitol has failed to reconsider the vote. addressing the health and safety prob- to ameliorate hazardous conditions Mrs. MURRAY. I move to lay that lems until Senator DURBIN and I asked that exist in the tunnels beneath the motion on the table. for a plan. These are serious problems Capitol. These conditions endanger the The motion to lay on the table was and high levels of asbestos have been health of the tunnel workers and their agreed to. found. families. Something needs to be done, Mr. ALLARD. Mr. President, I have The amendment I am offering today and it needs to be done now. That is one other unanimous consent. I ask includes funds to remediate asbestos, why I am co-sponsoring this amend- unanimous consent that notwith- remove loose concrete, replace the roof ment. standing the Salazar amendment is of a section of one of the tunnels, add I first learned of these horrible condi- now pending I be allowed to send up escape hatches, and improve the com- tions when I received a letter signed by the second-degree amendment to his munications system. 10 members of the tunnel shop that de- amendment No. 3645. We have reviewed the funding esti- tailed the dangerous conditions that The PRESIDING OFFICER. Is there mates with the Government Account- exist in the tunnels, and provided in- objection? Is there objection to sending ability Office. Notwithstanding the formation that some of these condi- up a second degree? fact that some of the estimates are pre- tions have existed for at least 6 years. Mrs. MURRAY. Mr. President, I ob- liminary, they are warranted. I had There is no doubt, many of problems in ject. hoped that we could reprogram funds the tunnels have only worsened during The PRESIDING OFFICER. Objec- from within the Architect’s budget but that period from neglect and further tion is heard. the magnitude of the need is far beyond deterioration. Despite this, no action Mr. ALLARD. Mr. President, I yield what could be found within the Archi- was taken to make sure the workers the floor. tect’s budget. were safe on the job. The conditions The PRESIDING OFFICER. Under I urge the Senate to agree to the are so poor that in 2000 the Congres- the previous order, the Senator from amendment. I ask that it be agreed to sional Office of Compliance issued cita- Michigan is recognized. by a voice vote. tions to the Architect of the Capitol. Mr. LEVIN. Mr. President, I thank Mr. DURBIN. Mr. President, it was Yet, it appears the Architect of the the Presiding Officer and my dear recently brought to our attention by Capitol ignored the citations and did friend from Washington for helping to the Office of Compliance that the util- not make the necessary repairs or take organize the amendment sequence. ity tunnels which carry steam and immediate, effective steps to protect I ask unanimous consent that the chilled water throughout the Capitol these workers. It was clear that these pending amendments be set aside, and I complex are rapidly deteriorating and workers came to me only after all call up No. 3710. are putting the workers who must other recourse failed them. The PRESIDING OFFICER. Without enter these tunnels in extremely haz- In addition, the utility workers in- objection, it is so ordered. ardous and potentially life-threatening formed me that the U.S. Capitol Police AMENDMENT NO. 3710 situations. Falling concrete, the pres- as a matter of policy are not allowed to Mr. LEVIN. Mr. President, I send an ence of asbestos, inadequate egress patrol the tunnels; if it is true that amendment to the desk. routes and a faulty communications U.S. Capitol Police are forbidden from The PRESIDING OFFICER. The system threaten the lives of the utility patrolling the tunnels because of the clerk will report. tunnel employees on a daily basis. Sev- hazardous conditions, then the failure The legislative clerk read as follows: eral of these tunnels are on the verge to address these conditions also has The Senator from Michigan [Mr. LEVIN], of collapse—not only threatening the created a potentially serious security for himself, Ms. COLLINS, and Mr. REED, pro- lives of the workers in the tunnels, but loophole that could endanger all of us poses an amendment numbered 3710. potentially cutting off steam and who work in the Capitol and sur- Mr. LEVIN. Mr. President, I ask chilled water to the entire Capitol rounding buildings. This is unaccept- unanimous consent that reading of the complex. The $27.6 million in emer- able. amendment be dispensed with. gency funding that Senator ALLARD I agree with the workers that some- The PRESIDING OFFICER. Without and I are requesting is critical to allow thing needs to be done, and it needs to objection, it is so ordered. the Architect of the Capitol to expedi- be done now. I have already demanded The amendment is as follows: tiously address the deplorable condi- that the Architect of the Capitol at a (Purpose: To require reports on policy and tions that exist in these utility tunnels minimum take immediate steps to pro- political developments in Iraq) and make the changes necessary to as- tect the employees who work in the On page 126, between lines 12 and 13, insert sure that the health and safety of the tunnels, ameliorate all of the condi- the following:

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3685 REPORTS ON POLICY AND POLITICAL ments to its constitution. Their con- The PRESIDING OFFICER. The DEVELOPMENTS IN IRAQ stitution has some deadlines that are clerk will report. SEC. 1406. (a) REPORTS REQUIRED.—The imposed by them. It is those deadlines The legislative clerk read as follows: President shall, not later than 30 days after which it is critically important be met. The Senator from New York [Mr. SCHUMER] the date of the enactment of this Act and These are not our deadlines. These are proposes amendments numbered 3723 and every 30 days thereafter until a national 3724. unity government has been formed in Iraq not dates we set. These aren’t dates and the Iraq Constitution has been amended which certain things must happen by Mr. SCHUMER. Mr. President, I ask in a manner that makes it a unifying docu- that we are determining. These are unanimous consent that reading of the ment, submit to Congress a report on United dates that the Iraqi Constitution has amendments be dispensed with. States policy and political developments in set up for the completion of a national The PRESIDING OFFICER. Without Iraq. government and for consideration of objection, it is so ordered. (b) ELEMENTS.—Each report under sub- amendments to the Iraqi Constitution. The amendments are as follows: section (a) shall include the following infor- Our amendment says that the Presi- AMENDMENT NO. 3723 mation: dent of the United States should report (Purpose: To appropriate funds to address (1) Whether the Administration has told price gouging and market manipulation the Iraqi political, religious, and tribal lead- to the Congress every 30 days on the progress which is being made in terms and to provide for a report on oil industry ers that agreement by the Iraqis on a gov- mergers) ernment of national unity, and subsequent of the political solution which has to At the appropriate place, insert the fol- agreement to amendments to the Iraq Con- be achieved there, both in terms of a lowing: stitution to make it more inclusive, within government of national unity as well the deadlines that the Iraqis set for them- SEC. ll. MEASURES TO ADDRESS PRICE as consideration of amendments to the GOUGING AND MARKET MANIPULA- selves in their Constitution, is a condition Constitution. It would ask the Presi- TION. for the continued presence of United States (a) FEDERAL TRADE COMMISSION.— military forces in Iraq. dent to report to us as to whether he (1) ADDITIONAL AMOUNT.—For an additional (2) The progress that has been made in the has informed the Iraqis that the con- amount for ‘‘FEDERAL TRADE COMMISSION formation of a national unity government tinued presence of the United States SALARIES AND EXPENSES’’ under the heading and the obstacles, if any, that remain. military forces depends upon their ‘‘RELATED AGENCIES’’ of title V of the (3) The progress that has been made in the meeting the deadlines which they have Science, State, Justice, Commerce, and Re- amendment of the Iraq Constitution to make set for themselves. lated Agencies Appropriations Act, 2006 it more of a unifying document and the ob- It also requires an assessment of the (Public Law 109–108), $10,000,000. stacles, if any, that remain. effect which the formation of or the (2) USE.—Of the amount appropriated for (4) An assessment of the effect that the for- failure to form a unity government and ‘‘FEDERAL TRADE COMMISSION SALARIES AND mation of, or failure to form, a unity govern- the amendment or failure to amend the EXPENSES’’, as increased by paragraph (1), ment, and the amendment of, or failure to $10,000,000 shall be available to investigate amend, the Iraq Constitution, will have on Iraqi constitution would have on the significant transition to full Iraqi sov- and enforce price gouging complaints and the ‘‘significant transition to full Iraqi sov- other market manipulation activities by ereignty, with Iraqi security forces taking ereignty and to the Iraqi forces taking companies engaged in the wholesale and re- the lead for the security of a free and sov- the lead in support of a free and sov- tail sales of gasoline and petroleum dis- ereign Iraq, thereby creating the conditions ereign Iraq, thereby creating the condi- tillates. for the phased redeployment of United tions for the phased redeployment of (b) COMMODITY FUTURES TRADING COMMIS- States forces from Iraq’’ as expressed in the United States forces from Iraq as ex- SION.— United States Policy in Iraq Act (section pressed in our law. (1) ADDITIONAL AMOUNT.—For an additional 1227 of the National Defense Authorization amount for ‘‘COMMODITY FUTURES TRADING Act for Fiscal Year 2006 (Public Law 109–163; That policy was adopted by this Sen- ate last year. Also in the reports that COMMISSION’’ under the heading ‘‘RELATED 119 Stat. 3465; 50 U.S.C. 1541 note)). AGENCIES AND FOOD AND DRUG ADMIN- (5) The specific conditions on the ground, are required, it would mandate that ISTRATION’’ of title VI of the Agriculture, including the capability and leadership of the conditions on the ground be set Rural Development, Food and Drug Adminis- Iraqi security forces, that would lead to the forth by the President and whether tration, and Related Agencies Appropria- phased redeployment of United States those conditions would lead to the tions Act, 2006 (Public Law 109–97), ground combat forces from Iraq. phased redeployment of our ground $10,000,000. Mr. LEVIN. Mr. President, this combat force. It is a reporting require- (2) USE.—Of the amount appropriated for amendment is proposed on behalf of ment. ‘‘COMMODITY FUTURES TRADING COMMISSION’’, Senator COLLINS, Senator REED of In conclusion, this is not the amend- as increased by paragraph (1), $10,000,000 shall be available for activities— Rhode Island, and myself, which re- ment which we referred to last week lates to Iraq. It would require certain (A) to enhance investigation of energy de- because there is no reference in this re- rivatives markets; reports be filed by the President and porting amendment anymore to a (B) to ensure that speculation in those the administration relative to political sense-of-the-Senate resolution. The markets is appropriate and reasonable; and developments that exist in Iraq. We original form of this amendment had a (C) for data systems and reporting pro- have a new prime minister who has reference to a sense-of-the-Senate reso- grams that can uncover real-time market been designated in Iraq. It is an impor- lution. That was ruled not to be in manipulation activities. (c) SECURITIES AND EXCHANGE COMMIS- tant step. It is a useful step toward order by the Parliamentarian. We have, hopefully achieving a government of SION.— therefore, dropped the sense-of-the- (1) ADDITIONAL AMOUNT.—For an additional national unity. However, there are Senate reference. This is now exclu- amount for ‘‘SECURITIES AND EXCHANGE COM- some very critical steps that lie ahead, sively a reporting amendment. We hope MISSION SALARIES AND EXPENSES ’’ under the including the completion of that gov- the Senate will adopt this at the appro- heading ‘‘RELATED AGENCIES’’ of title V ernment of national unity so that the priate time. of the Science, State, Justice, Commerce, Prime Minister-designate can then Again, I thank the Chair and I thank and Related Agencies Appropriations Act, form a government and have that gov- our friends who are trying to keep this 2006 (Public Law 109–108), $5,000,000. ernment approved by the assembly. It sequence and are managing this bill. (2) USE.—Of the amount appropriated for is an important step. It involves the In- ‘‘SECURITIES AND EXCHANGE COMMISSION SAL- We appreciate their courtesies. ARIES AND EXPENSES’’, as increased by para- terior Minister, who is in control of the I yield the floor. graph (1), $5,000,000 shall be available for re- police, the Defense Minister, who is in The PRESIDING OFFICER. The Sen- view and analysis of major integrated oil and control of the Army, the Oil Minister, ator from New York. gas company reports and filings for compli- who controls the nation’s key re- Mr. SCHUMER. Mr. President, I ask ance with disclosure, corporate governance, source—oil—as well as the other min- unanimous consent to lay aside the and related requirements. istries that are involved in any govern- pending amendments. (d) ENERGY INFORMATION ADMINISTRA- ment of national unity. The PRESIDING OFFICER. Is there TION.— It is critically important that the po- objection? (1) ADDITIONAL AMOUNT.—For an additional Without objection, it is so ordered. amount for ‘‘ENERGY INFORMATION ADMINIS- litical process succeed in Iraq and that TRATION’’ under the heading ‘‘DEPARTMENT the pressure be kept on the Iraqis to AMENDMENTS NOS. 3723 AND 3724, EN BLOC OF ENERGY’’ of title III of the Energy and achieve a government of national Mr. SCHUMER. Mr. President, I send Water Development Appropriations Act, 2006 unity, and as well to consider amend- two amendments to the desk en bloc. (Public Law 109–103), $10,000,000.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3686 CONGRESSIONAL RECORD — SENATE April 27, 2006 (2) USE.—Of the amount appropriated for Congress), the concurrent resolution on the Mr. SCHUMER. Mr. President, I will ‘‘ENERGY INFORMATION ADMINISTRATION’’, as budget for fiscal year 2006. be brief and explain the amendments. I increased by paragraph (1), $10,000,000 shall AMENDMENT NO. 3724 thank my friend from Texas and others be available for activities to ensure real- for allowing me to go ahead. time and accurate gasoline and energy price (Purpose: To improve maritime container and supply data collection. security) AMENDMENT NO. 3723 (e) ENERGY SUPPLY AND CONSERVATION.— At the appropriate place, insert the fol- The first amendment is a very simple (1) ADDITIONAL AMOUNT.—For an additional lowing: one. It asks the GAO for a report that amount for ‘‘ENERGY SUPPLY AND CONSERVA- SEC. ll. MARITIME CONTAINER SECURITY. includes a review of the mergers be- TION’’ under the heading ‘‘DEPARTMENT OF (a) MARITIME CONTAINER INSPECTIONS.— tween ExxonMobil, ChevronTexaco, ENERGY’’ of title III of the Energy and (1) IN GENERAL.—Beginning on the date on ConocoPhillips, and other significant Water Development Appropriations Act, 2006 which regulations are issued under sub- mergers in the oil industry that have (Public Law 109–103), $315,000,000. section (d), a maritime cargo container may occurred since 1990, to look at the im- (2) USE.—Of the amount appropriated for not be shipped to the United States from any pact that vitiating the mergers would ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- port participating in the Container Security have on market concentration, market creased by paragraph (1), $315,000,000 shall be Initiative (CSI) unless— available to provide grants to State energy (A) the container has passed through a ra- power, wholesale and retail petroleum offices for— diation detection device; prices, and an assessment of the impact (A) the development and deployment of (B) the container has been scanned using of prohibiting any one company from real-time information systems for energy gamma-ray, x-ray, or another internal imag- simultaneously owning assets in each price and supply data collection and publica- ing system; of the oil industry sectors: exploration, tion; (C) the container has been tagged and refining, and distribution. (B) programs and systems to help discover catalogued using an on-container label, radio To me, very simply put, one of the energy price gouging and market manipula- frequency identification, or global posi- problems—not the only one—we have is tion; tioning system tracking device; and (C) critical energy infrastructure protec- (D) the images created by the scans re- we have allowed the oil industry to be- tion; quired under subparagraph (B) have been re- come too concentrated, letting the No. (D) clean distributed energy projects that viewed and approved by the Office of Con- 1 and No. 2 companies merge because promote energy security; and tainer Evaluation and Enforcement estab- there was a lull in the market at a (E) programs to encourage the adoption lished under subsection (b). given time, and then letting No. 3 and and implementation of energy conservation (2) MODEL.— No. 4 merge. The second largest foreign and efficiency technologies and standards. (A) IN GENERAL.—Except as provided under company, which I think is the sixth (f) GOVERNMENT ACCOUNTABILITY OFFICE.— subparagraph (B), the Secretary of Homeland largest American company, all created (1) ADDITIONAL AMOUNT.—For an additional Security shall model the inspection system too much concentration. I think it is amount for ‘‘SALARIES AND EXPENSES’’ under described in paragraph (1) after the Inte- the heading ‘‘GOVERNMENT ACCOUNT- grated Container Inspection System estab- one of the reasons that these days we ABILITY OFFICE’’ of title I of the Legisla- lished at the Port of Hong Kong. see the price as high as it is. tive Branch Appropriations Act, 2006 (Public (B) NEW TECHNOLOGY.—The Secretary is The prices are sticking. When the Law 109–55), $50,000. not required to use the same companies or spot market goes up, the price imme- (2) USE.—Of the amount appropriated for specific technologies installed at the Port of diately goes up; when the spot market ‘‘SALARIES AND EXPENSES’’, as increased by Hong Kong if a more advanced technology is goes down, the price takes a long time paragraph (1), $50,000 shall be available to available. to go down. When Katrina affected the Government Accountability for the prep- (b) CONTAINER EVALUATION AND ENFORCE- Tennessee, Kentucky, Ohio, and Illi- aration of a report, to be submitted to the MENT UNIT.— nois, and they get most of their oil appropriate committees of Congress not (1) ESTABLISHMENT.—There is established, later than 90 days after the date of enact- within Bureau of Customs and Border Pro- from the gulf, the price goes up the ment of this Act, that includes— tection of the Department of Homeland Se- same amount in California. (A) a review of the mergers between Exxon curity, the Office of Container Evaluation I think it is high time that we re- and Mobil, Chevron and Texaco, and Conoco and Enforcement, which shall receive and viewed these mergers. I don’t know if and Phillips, and other mergers of signifi- process images of maritime cargo containers they can be undone. I don’t know what cant or comparable scale in the oil industry received from CSI ports. the effect would be, but to sit here and that have occurred since 1990, including an (2) AUTHORIZATION OF APPROPRIATIONS.— shrug our shoulders at this recent phe- assessment of the impact of the mergers on— There are appropriated, out of any money in nomenon of mergers doesn’t make (i) market concentration; the Treasury not otherwise appropriated, for (ii) the ability of the companies to exercise the fiscal year ending September 30, 2006, much sense. This amendment asks that market power; $5,000,000, to remain available until ex- a review be done. (iii) wholesale prices of petroleum prod- pended, to hire and train customs inspectors The amendment would also provide ucts; and to carry out the responsibilities described in more funding to the Energy Informa- (iv) the retail prices of petroleum products; paragraph (1). The amount provided under tion Agency to assure accurate, real- (B) an assessment of the impact that viti- this heading is designated as an emergency time collection of price and data sup- ating the mergers reviewed under subpara- requirement pursuant to section 402 of H. ply. I think we are not getting that graph (A) would have on each of the matters Con. Res. 95 (109th Congress), the concurrent kind of accurate information. described in clauses (i) through (iv) of sub- resolution on the budget for fiscal year 2006. The big oil companies like to be paragraph (A); (c) PORT SECURITY SUMMIT.—Not later than shielded behind the wall of conflicting (C) an assessment of the impact of prohib- 90 days after the date of the enactment of iting any 1 company from simultaneously this Act, the Secretary of Homeland Secu- data and interesting jargon. It is too owning assets in each of the oil industry sec- rity shall convene a port security summit easy for them to pull the wool over tors of exploration, refining and distribution, with representatives from the major inter- consumers’ eyes. The EIA is a non- and retail on each of the matters described national shipping companies to address— partisan governmental agency. This in clauses (i) through (iv) of subparagraph (1) gaps in port security; and amendment would allow better infor- (A); and (2) the means to implement the provisions mation to come forward and make sure (D) an assessment of— of this section. that we do the right thing. (i) the effectiveness of divestitures ordered (d) RULEMAKING.— AMENDMENT NO. 3724 by the Federal Trade Commission in pre- (1) DRAFT REGULATIONS.—Not later than 180 venting market concentration as a result of days after the date of the enactment of this The second amendment deals with oil industry mergers approved since 1995; and Act, the Secretary of Homeland Security port security. I know my colleague (ii) the effectiveness of the Federal Trade shall submit, to the Committee on Com- from New Jersey has offered one. I Commission in identifying and preventing— merce, Science, and Transportation of the have been involved in this issue for a (I) market manipulation; Senate and the Committee on Homeland Se- long time, as has he. When I went with (II) commodity withholding; curity of the House of Representatives, draft my friend from South Carolina, Sen- (III) collusion; and regulations to carry out subsection (a) and a ator GRAHAM, to Hong Kong to visit (IV) other forms of market power abuse in detailed plan to implement such regulations. the ports there, I was utterly amazed the oil industry. (2) FINAL REGULATIONS.—Not later than 3 (g) EMERGENCY DESIGNATION.—The years after the date of the enactment of this at the port security system they have. amounts provided under this section are des- Act, the Secretary of Homeland Security It showed that we could have speed ignated as an emergency requirement pursu- shall issue final regulations to carry out sub- both in commerce and security. Their ant to section 402 of H. Con. Res. 95 (109th section (a). checking of containers for nuclear and

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3687 other types of devices, checking in a assistance programs in Iraq that promote work in Iraq. Each organization oper- variety of different ways, and having the long term development of civil society, ates on pins and needles, never know- computers crossmatch those ways is political parties, election processes, and par- ing when their funding for Iraq oper- incredible. liament in that country. ations will dry up. My amendment would require that AMENDMENT NO. 3688 The American non-governmental or- the system we saw—not the specific (Purpose: To provide funding for the covered ganization IFES has been in Iraq since system but what the system does that countermeasures process fund program) October 2003. It has provided technical we saw—be implemented at all con- At the appropriate place, insert the fol- assistance in each of Iraq’s elections so tainer security initiative ports around lowing: far, and it has been asked to provide the world within 3 years. There are 43 SEC. ll. FUNDING FOR THE COVERED COUN- such assistance for regional and pro- CSI ports. They account for 80 percent TERMEASURES PROCESS FUND. For an additional amount for funding the vincial elections scheduled for April of worldwide container traffic. It would Covered Countermeasures Process Fund 2007. be a huge boon to preventing the worst under section 319F-4 of the Public Health It is also preparing for a possible sec- that could befall our country, and that Service Act (42 U.S.C. 247d-6e), $289,000,000: ond referendum on the constitution, is a nuclear weapon be smuggled into Provided, That the amounts provided for and is assisting as well in the enact- our ports. under this section shall be designated as an ment and implementation of legisla- The amendment mandates that every emergency requirement pursuant to section tion governing the operations, of a new 402 of H. Con. Res. 95 (109th Congress): Pro- container pass through the same type election council for local elections. of layered screening system, as at the vided further, That amounts provided for under this section shall remain available Inexplicably, funding will run out in terminal port in Hong Kong. Every until expended. June, and the administration has not container must pass through an ad- Mr. KENNEDY. Mr. President, this yet committed any additional funds. vanced radiation portal, internal imag- amendment No. 3716 provides $96 mil- None of the funds in this supplemental ing system, be tagged and cataloged lion for American non-governmental spending bill are set-aside for it, and with a label, an RRFI, or a GPS device. organizations helping Iraqis to create none of the meager $63 million re- It would make us far more secure. the essential building blocks of democ- quested in the fiscal year 2007 budget The second amendment also requires racy. It also requires the Secretary of for democracy-building is intended for that Homeland Security send to Con- State to provide Congress with its IFES either. Our amendment would gress within 180 days a detailed plan on short and long-term plans to strength- provide $20 million to sustain its de- how to deploy this system. en democracy at the regional, provin- mocracy work in Iraq for the next 18 Those are the two amendments. I cial, and national levels in Iraq. months, through the end of fiscal year look forward to debating them as we Last year, Iraq passed several impor- 2007. move forward. tant milestones on the long road to de- An independent media is also essen- I thank my colleagues from Mis- mocracy. However, as important as the tial to a successful democracy. A U.S. sissippi, Washington, and Texas for two elections and the referendum on non-governmental organization, the their courtesy. the constitution were, they were not International Research and Exchanges I yield the floor. decisive, and it is far from clear that Board, IREX, is working in Iraq to see The PRESIDING OFFICER. The Sen- democracy is being firmly established that the Iraqi people have independent, ator from Washington. in Iraq. professional, high quality news and Mrs. MURRAY. Mr. President, I ask The process of building democratic public affairs information. To create unanimous consent that the pending institutions is different and requires an environment in which a free press amendments be set aside in order that patience in developing effective gov- can flourish, it is also seeking to estab- I may call up the Kennedy amendments ernmental structures, a genuine rule of lish a legal, regulatory, and policy en- numbered 3716 and 3688. law, political parties committed to vironment that supports independent The PRESIDING OFFICER. Is there peaceful means, an active civil society, media. objection? Without objection, it is so and a free press. Constructive inter- IREX’s funding for these important ordered. national engagement is essential as programs is also running out, and it AMENDMENTS NOS. 3716 AND 3688 EN BLOC well in the case of Iraq. For a country will be forced to close its operations Mrs. MURRAY. Mr. President, I send as heavily repressed as long as Iraq, de- this summer, which would pull the rug the amendments to the desk. mocracy will take even longer to take out from under many struggling new The PRESIDING OFFICER. The root. press organizations in Iraq. Our amend- clerk will report. It is far from clear, however, that the ment would provide $6 million to sus- The legislative clerk read as follows: Bush administration has a long-term tain IREX’s democracy work in Iraq The Senator from Washington [Mrs. MUR- strategy—or even a short-term strat- for the next 18 months. RAY], for Mr. KENNEDY, proposes amend- egy—to solidify and continue the In addition, the non-governmental ments numbered 3716 and 3688 en bloc. democratic gains that have been made organization America’s Development Mrs. MURRAY. Mr. President, I ask so far. Foundation provides essential aid to unanimous consent that reading of the American non-governmental organi- support and sustain civil society in amendments be dispensed with. zations such as the National Demo- Iraq. ADF and its partner civil society The PRESIDING OFFICER. Without cratic Institute, the International Re- organizations in Iraq have provided objection, it is so ordered. publican Institute, the National En- training and assistance to thousands of The amendments are as follows: dowment for Democracy, IFES, for- Iraqi government officials at the na- AMENDMENT NO. 3716 merly known as the International tional, regional, and local levels on (Purpose: To provide funds to promote Foundation for Election Systems, the issues such as anti-corruption, trans- democracy in Iraq) International Research and Exchanges parency, accountability, fiscal respon- On page 126, between lines 12 and 13, insert Board and America’s Development sibility, whistleblower protection, and the following: Foundation are well respected in Iraq the development of non-government or- UNITED STATES STRATEGY TO PROMOTE and throughout the world. Each has ganizations. DEMOCRACY IN IRAQ substantial operations in Iraq, and ADF wants to continue its work, but SEC. 1406. (a) Of the funds provided in this their work is essential to the adminis- its funding will end in June. USAID chapter for the Economic Support Fund, not tration’s goal of building a stable de- supports this work and has a contract less than $96,000,000 should be made available mocracy in Iraq. pending, but it doesn’t have the re- through the Bureau of Democracy, Human Yet despite their success so far in sources to do so. Our amendment pro- Rights, and Labor of the Department of helping to promote democracy and the vides $16 million to sustain its work State, in coordination with the United States Agency for International Develop- enormous risks their employees take over the next 18 months. ment where appropriate, to United States by working in the war zone, the admin- Similarly, the National Endowment nongovernmental organizations for the pur- istration has made no long-term com- for Democracy has no clear sense of pose of supporting broad-based democracy mitment to provide funding for their what the future holds for them in Iraq.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3688 CONGRESSIONAL RECORD — SENATE April 27, 2006 Two of the endowment’s core grant- Thousands of Iraqis are working The PRESIDING OFFICER. The Sen- ees—the Center for International Pri- hard, often at great risk to themselves, ator from Texas. vate Enterprise and the Labor Soli- to develop civic groups, participate in Mr. CORNYN. Mr. President, I ask darity Center in Iraq—have important political parties and election, and run unanimous consent that the pending democracy promotion functions. for and serve in political office. The amendments be set aside. Since opening a regional office in dramatic pictures of Iraqis waving The PRESIDING OFFICER. Without Baghdad in October 2003, the Center for their purple fingers after voting in past objection, it is so ordered. International Private Enterprise has elections remind us of the enormous AMENDMENTS NOS. 3722, 3699, AND 3672 EN BLOC worked to build capacity for market stakes. Mr. CORNYN. Mr. President, I call up oriented democratic reform in Iraq. It Progress to avoid civil war and defeat three amendments, 3722, 3699, 3672. has provided training and grant sup- the insurgency is directly related to The PRESIDING OFFICER. The port to approximately 22 Iraqi business progress on democracy-building, and clerk will report. associations and chambers of com- ongoing work on this all-important The legislative clerk read as follows: merce. issue must be a top priority. The Senator from Texas [Mr. CORNYN] pro- The Labor Solidarity Center works We must be clear in our commitment poses amendments numbered 3722, 3699, and directly with Iraqi trade unions to de- to stand by these organizations that 3672 en bloc. velop skills in strengthening inde- are working on the front lines in the Mr. CORNYN. Mr. President, I ask pendent and democratic trade unions. struggle for democracy in Iraq every In addition, the endowment partners unanimous consent that reading of the day. We also need to demonstrate to amendments be dispensed with. with 32 local organizations on the Iraqis and others that we are com- ground in Iraq to promote and sustain The PRESIDING OFFICER. Without mitted to Iraq’s long-term democratic objection, it is so ordered. civil society projects on political devel- development. We need a long-term plan opment, raising awareness of women’s The amendments are as follows: and a long-term strategy that is AMENDMENT NO. 3722 rights, and encouraging the free flow of backed by appropriate resources. information to Iraqi citizens. (Purpose: To provide for immigration President Bush has called for pa- injunction reform) The endowment wants to continue tience in Iraq. He should heed his own working directly with the Iraqi people On page 253, between lines 19 and 20, insert advice. He can’t speak about having pa- the following: and be able to guarantee continuity in tience for democracy in Iraq, and then its democracy grants to Iraqi organiza- TITLE VIII—IMMIGRATION INJUNCTION cut funding for the groups who are as- tions. But no funding is set aside in REFORM sisting so capably in its development. this bill or in the fiscal year 2007 budg- Our financial commitment to the or- SEC. 8001. SHORT TITLE. This title may be cited as the ‘‘Fairness in et for its programs. ganizations at the forefront of the de- Our amendment provides $10 million Immigration Litigation Act of 2006’’. mocracy effort must be strong and un- to sustain the democracy programs of SEC. 8002. APPROPRIATE REMEDIES FOR IMMI- ambiguous. By failure to guarantee the Center for International Private GRATION LEGISLATION. continuity for their programs, we send Enterprise, the Labor Solidarity Cen- (a) REQUIREMENTS FOR AN ORDER GRANTING ter, and the Endowment for Democ- a confusing signal that can only be PROSPECTIVE RELIEF AGAINST THE GOVERN- MENT.— racy’s local partners for 18 months. harmful for this very important effort. We are now spending more than $1 (1) IN GENERAL.—If a court determines that Similarly, the International Repub- prospective relief should be ordered against lican Institute and the National Demo- billion a week for military operations for the war in Iraq. At this rate, it the Government in any civil action per- cratic institute are doing truly impres- taining to the administration or enforce- sive work in Iraq under extraordinarily would take the military less than 1 day ment of the immigration laws of the United difficult circumstances. to spend the $96 million provided in States, the court shall— The International Republican Insti- this amendment for democracy pro- (A) limit the relief to the minimum nec- tute programs in Iraq have focused on motion. Surely, we can commit this essary to correct the violation of law; three principal goals: development of level of funding for democracy pro- (B) adopt the least intrusive means to cor- an issue-based political party system; grams over the next 18 months. rect the violation of law; establishment of the foundation for a Regardless of whether we supported (C) minimize, to the greatest extent prac- ticable, the adverse impact on national secu- more transparent and responsive gov- or opposed the war, we all agree that the work of building democracy re- rity, border security, immigration adminis- ernment; and the emergence of an ac- tration and enforcement, and public safety, tive and politically involved civil soci- quires patience, skill, guaranteed con- and ety. tinuity, and adequate resources. (D) provide for the expiration of the relief The National Democratic Institute It makes no sense to shortchange on a specific date, which is not later than supports a number of democracy pro- Iraq’s political development. We need a the earliest date necessary for the Govern- grams in Iraq as well, with emphasis on long-term political strategy, and we ment to remedy the violation. political parties, governance, civil soci- must back up that strategy with the (2) WRITTEN EXPLANATION.—The require- ety and women’s rights. It has four of- needed resources, if we truly hope to ments described in paragraph (1) shall be dis- achieve a stable, peaceful and demo- cussed and explained in writing in the order fices in Iraq to promote these essential granting prospective relief and must be suffi- building blocks of strong democracy, cratic Iraq. ciently detailed to allow review by another and it works directly with Iraqi part- Our amendment provides the re- court. ners and hundreds of local civic organi- sources necessary to ensure continuity (3) EXPIRATION OF PRELIMINARY INJUNCTIVE zation. in these democracy programs in Iraq, RELIEF.—Preliminary injunctive relief shall Both IRI and NDI want to continue and I urge my colleagues to support it. automatically expire on the date that is 90 to build these essential links between AMENDMENT NO. 3600 days after the date on which such relief is the government and political parties, Mrs. MURRAY. Mr. President, I ask entered, unless the court— in order to enable the government to (A) makes the findings required under unanimous consent that those amend- paragraph (1) for the entry of permanent pro- become more responsive and effective ments be set aside and I ask for the spective relief; and in addressing the needs of Iraq’s people. regular order to consider Harkin (B) makes the order final before expiration Despite the impressive contribution amendment No. 3600. of such 90-day period. of these two Institutes to democracy in The PRESIDING OFFICER. Without (4) REQUIREMENTS FOR ORDER DENYING MO- Iraq, neither is guaranteed future fund- objection, it is so ordered. The amend- TION.—This subsection shall apply to any ing for its programs. The administra- ment is now pending. order denying the Government’s motion to tion’s budget provides only $7.5 million Mrs. MURRAY. There is no further vacate, modify, dissolve or otherwise termi- for each Institute—enough for just two debate on the amendment. nate an order granting prospective relief in months of operating expenses. Our The PRESIDING OFFICER. If there any civil action pertaining to the adminis- tration or enforcement of the immigration amendment provides an additional $22 is no further debate, the question is on laws of the United States. million for each institute’s essential agreeing to the amendment. (b) PROCEDURE FOR MOTION AFFECTING democracy programs in Iraq for the The amendment (No. 3600) was agreed ORDER GRANTING PROSPECTIVE RELIEF next 18 months. to. AGAINST THE GOVERNMENT.—

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(1) IN GENERAL.—A court shall promptly nary, or permanent relief other than com- paragraph (A), or individuals described in rule on the Government’s motion to vacate, pensatory monetary damages. subparagraph (B), of paragraph (1). modify, dissolve or otherwise terminate an SEC. 8003. EFFECTIVE DATE. Mr. CORNYN. Mr. President, on order granting prospective relief in any civil (a) IN GENERAL.—This title shall apply amendment 3722, I ask unanimous con- action pertaining to the administration or with respect to all orders granting prospec- sent that Senator KYL be added as a co- enforcement of the immigration laws of the tive relief in any civil action pertaining to United States. the administration or enforcement of the im- sponsor. (2) AUTOMATIC STAYS.— migration laws of the United States, whether The PRESIDING OFFICER. Without (A) IN GENERAL.—The Government’s mo- such relief was ordered before, on, or after objection, it is so ordered. tion to vacate, modify, dissolve, or otherwise the date of the enactment of this Act. Mr. CORNYN. Mr. President, I know terminate an order granting prospective re- (b) PENDING MOTIONS.—Every motion to va- the hour is getting late, but I appre- lief made in any civil action pertaining to cate, modify, dissolve or otherwise termi- ciate the opportunity to talk a little the administration or enforcement of the im- nate an order granting prospective relief in bit about the impact of Hurricanes migration laws of the United States shall any such action, which motion is pending on Katrina and Rita on the State of automatically, and without further order of the date of the enactment of this Act, shall the court, stay the order granting prospec- be treated as if it had been filed on such date Texas. tive relief on the date that is 15 days after of enactment. As a member of the Committee on the date on which such motion is filed unless (c) AUTOMATIC STAY FOR PENDING MO- the Budget, I am keenly aware of our the court previously has granted or denied TIONS.— fiscal challenges. During the consider- the Government’s motion. (1) IN GENERAL.—An automatic stay with ation of the budget resolution, I had of- (B) DURATION OF AUTOMATIC STAY.—An respect to the prospective relief that is the fered an amendment which would slow automatic stay under subparagraph (A) shall subject of a motion described in subsection the growth of mandatory spending, continue until the court enters an order (b) shall take effect without further order of hopefully to allow a little bit more granting or denying the Government’s mo- the court on the date which is 10 days after tion. the date of the enactment of this Act if the flexibility so we can fund our Nation’s (C) POSTPONEMENT.—The court, for good motion— priorities while we also manage our fis- cause, may postpone an automatic stay (A) was pending for 45 days as of the date cal house. under subparagraph (A) for not longer than of the enactment of this Act; and The amendments I have offered that 15 days. (B) is still pending on the date which is 10 I wish to talk about at this time are (D) ORDERS BLOCKING AUTOMATIC STAYS.— days after such date of enactment. No. 3699 and No. 3672. These amend- Any order staying, suspending, delaying, or (2) DURATION OF AUTOMATIC STAY.—An otherwise barring the effective date of the ments aim to make Texas whole from automatic stay that takes effect under para- the 2005 hurricanes, and it won’t cost automatic stay described in subparagraph graph (1) shall continue until the court en- (A), other than an order to postpone the ef- ters an order granting or denying the Gov- the Federal Treasury a single dime fective date of the automatic stay for not ernment’s motion under section 8002(b). more. They are specifically tailored to longer than 15 days under subparagraph (C), There shall be no further postponement of deal with the needs that are true emer- shall be— the automatic stay with respect to any such gencies in every sense of the word. (i) treated as an order refusing to vacate, pending motion under section 8002(b)(2). Any I need to set the record straight modify, dissolve or otherwise terminate an order, staying, suspending, delaying or oth- about some misperceptions with regard injunction; and erwise barring the effective date of this auto- to the state of my State; in particular, (ii) immediately appealable under section matic stay with respect to pending motions 1292(a)(1) of title 28, United States Code. the impact these two natural disasters, described in subsection (b) shall be an order the worst storms in our Nation’s his- (c) SETTLEMENTS.— blocking an automatic stay subject to imme- (1) CONSENT DECREES.—In any civil action diate appeal under section 8002(b)(2)(D). tory, Hurricanes Rita and Katrina, had pertaining to the administration or enforce- on the State of Texas. AMENDMENT NO. 3699 ment of the immigration laws of the United Although the State was not hit di- States, the court may not enter, approve, or (Purpose: To establish a floor to ensure that States that contain areas that were ad- rectly by Hurricane Katrina, it was sig- continue a consent decree that does not com- nificantly affected by that storm. It ply with subsection (a). versely affected as a result of damage from came in a flood of evacuees fleeing New (2) PRIVATE SETTLEMENT AGREEMENTS.— the 2005 hurricane season receive at least Nothing in this section shall preclude parties 3.5 percent of funds set aside for the CDBG Orleans after Hurricane Katrina. In a from entering into a private settlement program) matter of days, the Texas population agreement that does not comply with sub- On page 200, line 21, insert ‘‘Provided fur- grew by roughly the size of an average section (a) if the terms of that agreement are ther, That as long as $5,200,000,000 is provided U.S. city, some half a million people, not subject to court enforcement other than under this heading no State shall be allo- many of whom you see pictured to my reinstatement of the civil proceedings that cated less than 3.5 percent of the amount right in a picture of the Astrodome provided under this heading:’’ after ‘‘im- the agreement settled. floor where the evacuees were housed (d) EXPEDITED PROCEEDINGS.—It shall be pacted areas:’’. temporarily. It is estimated that at the duty of every court to advance on the AMENDMENT NO. 3672 one point, there were 17,500 people docket and to expedite the disposition of any (Purpose: To require that the Secretary of civil action or motion considered under this Labor give priority for national emergency housed at the Astrodome. It was only section. grants to States that assist individuals dis- one of four megasites in Houston to (e) DEFINITIONS.—In this section: placed by Hurricane Katrina or Rita) house evacuees. Another 4,000 were (1) CONSENT DECREE.—The term ‘‘consent housed at Reliant Arena and 2,300 at decree’’— At the end of chapter 7 of title II, insert (A) means any relief entered by the court the following: Reliant Center. The George R. Brown that is based in whole or in part on the con- NATIONAL EMERGENCY GRANTS Convention Center in downtown Hous- sent or acquiescence of the parties; and SEC. ll. In distributing unobligated funds ton took the remaining people, about (B) does not include private settlements. described in section 132(a)(2)(A) of the Work- 2,800 evacuees. (2) GOOD CAUSE.—The term ‘‘good cause’’ force Investment Act of 1998 (29 U.S.C. I have shown a picture of the city of does not include discovery or congestion of 2862(a)(2)(A)) and appropriated for fiscal year Houston, but this is just one large con- the court’s calendar. 2006 for national emergency grants under centration of the evacuees of Hurricane (3) GOVERNMENT.—The term ‘‘Government’’ section 173 of such Act (29 U.S.C. 2918) (not Katrina. We can show similar pictures means the United States, any Federal de- including funds available for Community- partment or agency, or any Federal agent or Based Job Training Grants under section of evacuation sites and housing sites official acting within the scope of official du- 171(d) of such Act (29 U.S.C. 2916(d)), the Sec- all around the State. It was obviously ties. retary shall give priority to States that— no small feat to take care of the needs (4) PERMANENT RELIEF.—The term ‘‘perma- (1) received national emergency grants of these people who just had their nent relief’’ means relief issued in connec- under such section 173 to assist— homes and their lives taken away from tion with a final decision of a court. (A) individuals displaced by Hurricane them as they previously knew them. (5) PRIVATE SETTLEMENT AGREEMENT.—The Katrina; or I remember shortly after this oc- term ‘‘private settlement agreement’’ means (B) individuals displaced by Hurricane curred there were many people who an agreement entered into among the parties Rita; would stop me here in the Senate, in that is not subject to judicial enforcement (2) continue to assist individuals described other than the reinstatement of the civil ac- in subparagraph (A), or individuals described the hallways of the Senate office build- tion that the agreement settled. in subparagraph (B), of paragraph (1); and ings, around Washington, DC, and else- (6) PROSPECTIVE RELIEF.—The term ‘‘pro- (3) can demonstrate an ongoing need for where and tell me how thankful and spective relief’’ means temporary, prelimi- funds to assist individuals described in sub- grateful they were that the people of

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3690 CONGRESSIONAL RECORD — SENATE April 27, 2006 Texas were so willing to take in their and continue to give to our neighbors reasonable we would receive a modest neighbors at a time of need. in need. 3.5 percent of the funds allocated for The fact is, a large number of the Consider that the parishes of western housing. people who have come to Texas in the Louisiana that were most directly af- With regard to jobs and welfare, cur- wake of Hurricane Katrina are those fected by Hurricane Rita—not rently about 62,000 evacuees are receiv- with some of the greatest needs. That Katrina—were granted a much more fa- ing food stamps from the State of was true where they lived previously— vorable Federal-State cost-sharing Texas allotment. Of these, 97 percent many of them in Louisiana—and ratio of 90 percent Federal to 10 per- are from Louisiana. Sixty-one percent among the people were those with the cent State versus the 75/25 that was of the food stamp recipients stated in a greatest needs in our country in gen- granted to Texas. The counties in poll that they expected to return to eral. This shows thousands of people in southeastern Texas were denied that their State within 3 months. Yet not- Houston and elsewhere who were in same benefit, even though their dam- withstanding their response to the poll, wheelchairs. This man has a cane, and age was similar and they suffered a they remain in Texas, and we must many of these individuals had special similar impact. The only difference we provide for them. Texas Workforce needs. They were not necessarily able- are talking about here is on which side Commission has worked diligently to bodied when they came to the State. of the Sabine River these counties were process more than 60,000 unemploy- This obviously has put an incredible located. ment claims from Louisiana. Yet there strain on Texas’s local support systems I am in no way minimizing the devas- are thousands more who will need em- in the midst of this flood, a flood of hu- tation and destruction that affected ployment training skills as they re- manity. places such as New Orleans and Mis- main in our State. This hurricane and the subsequent sissippi, Alabama, and elsewhere. They One of the amendments I have offered hurricane, Hurricane Rita, went have suffered tremendously. But the directs the Secretary of Labor to straight up the Sabine River between people of Texas have experienced their prioritize States that have taken in Texas and Louisiana. I still remember share of destruction, as well. So I take Hurricane Katrina and Rita evacuees talking to one of the computer sci- this opportunity for a few moments to when distributing the remainder of fis- entists who had actually modeled the provide my colleagues with a sum- cal year 2006 national emergency potential impact on the State if Hurri- mary, a snapshot of the current situa- grants. cane Rita had not taken a right-hand tion in Texas nearly 9 months after I note that Senator HUTCHISON has turn and gone up right through south- half a million evacuees flooded our joined me as cosponsor. I ask unani- east Texas. He said that if a category 4 State. mous consent that she be added as a hurricane hit Houston, there would be Based on FEMA registrations, an es- cosponsor to that amendment. a minimum of $80 billion in additional timated 450,000 to 490,000 Katrina evac- The PRESIDING OFFICER. Without uees currently remain in Texas. Ap- property damage. Thank goodness that objection, it is so ordered. proximately 5,900 are individuals with did not happen, and thank goodness Mr. CORNYN. With regard to health essential needs that I mentioned a mo- there was no loss of life on a massive care to help accommodate the large in- ment ago, those who are mentally or scale. But that was primarily because flux of people to Texas, my State was physically disabled, frail, or otherwise of the evacuation of the city of Hous- given a waiver by the Centers for Medi- require special care. Approximately ton and the fact that Mother Nature care and Medicaid Services that allows 286,000 of the evacuees are still housed decided to spare Houston a direct hit the State to reimburse providers who in Texas hotels. Approximately 130,000 while it took a right-hand turn incurred costs for uncompensated of them are in rental housing. Only straight up the Sabine River between health care. Evacuees at any income 27,000 housing units are now even avail- level who did not have insurance cov- Texas and Louisiana. able to the Texas Department of Hous- The coast, private property, critical erage were provided medically nec- ing and Community Affairs. essary health care through this waiver. infrastructure, and millions of lives Many Texas communities were hit were devastated by the storm. As this with a one-two punch: first, providing Texas provided evacuees health care, picture indicates—and I am sure the shelter to half a million Katrina evac- long-term care, prescription medicines, Senator from Mississippi and other uees and then suffering enormous dev- and medical transportation through Senators from other States directly af- astation from Hurricane Rita them- two programs, Medicaid and the Un- fected can identify with the devasta- selves. Funds are needed to provide compensated Care Program. Those not tion we see here—this is just one exam- housing assistance to Texas residents eligible for the Medicaid Program but ple of the devastation in southeast whose homes were damaged by Hurri- who had incomes below a certain cutoff Texas caused by Hurricane Rita. cane Rita and to assist the nearly were provided coverage under the Un- In light of these two unprecedented 400,000 residents of Louisiana, Mis- compensated Care Program. events, Texas counties that were most sissippi, and Alabama who continue to I next will talk about education. This seriously affected need help, like the reside in Texas, albeit on a temporary chart depicts an evacuee, a young lady other affected regions of our country basis. who is showing up for elementary that are more visible. I am sorry to Unfortunately, Texas only received school. There were 45,099 Katrina evac- say, notwithstanding all of the good $74.5 million of the $11.5 billion made uees enrolled in Texas on October 13. work that has been done by the Federal available in the community develop- Today, there are still about 36,000 Government, the reimbursements now ment block grants in last year’s De- Katrina children in our public schools range in the hundreds of thousands of fense appropriations bill. The Depart- alone. The photo next to me depicts dollars, but Texas has not been made ment of Housing and Urban Develop- one of the many such centers that were completely whole as a result of these ment has estimated that more than quickly established at conference cen- hurricanes. 27,000 homes in southeast Texas and ters and temporary shelters to register I am deeply troubled by reports I 75,000 homes throughout the State were children who had evacuated to our have received from some that there is a damaged or destroyed while thousands State. Each of these children rep- widespread perception that Texas is of businesses suffered heavy damage re- resents a cost of about $7,500 a year for doing just fine and that we somehow sulting in more than $1 billion in loss. the State of Texas to educate. managed to absorb half a million peo- I have offered an amendment that en- Furthermore, approximately 5,000 ple, including their needs for housing, sures Texas and all other States af- Katrina evacuees are currently en- food, security, health care, education, fected by hurricane devastation receive rolled in Texas public universities and and employment, just to name a few, no less than 3.5 percent of the $5.2 bil- colleges. I give special credit to Texas and that somehow some people still be- lion included in the bill for CDBG. institutions of higher education that lieve that Texas should have no special I note that Senator LANDRIEU, from took in students and faculty from need for additional Federal assistance, Louisiana, is one of the consponsors of other States with limited reimburse- no need to make the State whole or to that amendment. ment. have restored to us a reasonable por- Considering Texas has taken in al- This massive evacuation, this wave tion of the resources we willingly gave most half a million evacuees, it seems of humanity, also has had an impact on

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3691 crime in our State. According to a re- SEC. 1312. (a) The amount appropriated by TITLE —— cent news article, evacuees have been this chapter under the heading ‘‘OPERATION DISASTER MANAGEMENT AND victims of or accused of committing 39 AND MAINTENANCE, DEFENSE-WIDE’’ and MITIGATION available for Cooperative Threat Reduction of the 235 murders in Houston since EMERGENCY MANAGEMENT PERFORMANCE is increased by $8,000,000. GRANTS last September, according to Houston’s (b) Of the amount appropriated by this police chief, Harold Hurtt. In the chapter under the heading ‘‘OPERATION AND For an additional amount for necessary ex- month of January, Houston saw a 34- MAINTENANCE, DEFENSE-WIDE’’ and available penses for ‘‘Emergency Management Per- percent rise in felonies over the pre- for Cooperative Threat Reduction, as in- formance Grants’’, as authorized by the Na- vious year. This city had 800 officers creased by subsection (a), $44,500,000 shall be tional Flood Insurance Act of 1968 and the retire in the past 2 years; it recently deposited in the Former Soviet Union Threat Flood Disaster Protection Act of 1973 (42 Reduction Account and shall remain avail- U.S.C. 4001 et seq.), the Robert T. Stafford moved 100 officers working in city jails Disaster Relief and Emergency Assistance to high-crime areas while also signifi- able until September 30, 2008. (c) The amount made available under sub- Act (42 U.S.C. 5121 et seq.), the Earthquake cantly increasing overtime. It is no section (a) is designated as an emergency re- Hazards Reductions Act of 1977 (42 U.S.C. 7701 small thing to reallocate those re- quirement pursuant to section 402 of H. Con. et seq.), and Reorganization Plan No. 3 of sources which are already stretched Res. 95 (109th Congress), the concurrent reso- 1978 (5 U.S.C. App.), $130,000,000, to remain thin. lution on the budget for fiscal year 2006. available until expended: Provided, That the total costs in administering such grants Texas has given generously of its re- Mrs. MURRAY. Mr. President, this sources to our neighbors during a time shall not exceed 3 percent of the amounts amendment, which is offered by Sen- provided in this heading: Provided further, of need. That is something we will con- ator LUGAR and Senator OBAMA, re- That the amount provided under this head- tinue to do and that we are enormously stores full funding for the President’s ing is designated as an emergency require- proud of. I have made a commitment to supplemental request for the Nunn- ment pursuant to section 402 of H. Con. Res. the people of my State that I will do Lugar programs, at a total cost of $8 95 (109th Congress), the current resolution on all I can to ensure that the affected million. This amendment will allow up- the budget for fiscal year 2006. communities are reimbursed for the grades to Russian nuclear warhead FLOOD MAP MODERNIZATION FUND cost of providing care to victims of storage facilities to be completed on For an additional amount for ‘‘Flood Map Katrina and that those affected by time. Modernization Fund’’ for necessary expenses Hurricane Rita will receive fair treat- The House-passed bill contained full pursuant to section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et ment as they also face the daunting funding for the Nunn-Lugar programs. task of rebuilding their lives. seq.), $50,000,000, and such additional sums as This amendment would square us with may be provided by State and local govern- This shown here is another picture. the House level. Here again, I am sure the Senator from ments or other political subdivisions for This amendment has 34 cosponsors— cost-shared mapping activities under section Mississippi recognizes this kind of dev- 10 Republicans, 23 Democrats, and 1 1360(f)(2) of such Act, to remain available astation, with cars turned on end as a Independent. until expended: Provided, That the total result of the force of the storm in My understanding is that this costs in administering such funds shall not southeast Texas. I am talking now amendment has been cleared on both exceed 3 percent of the amounts provided in this heading: Provided further, That the about Hurricane Rita again. sides of the aisle. I ask that it be con- When the good people of my State amount provided under this heading is des- sidered by voice vote and adopted at signed up for helping their neighbors, ignated as an emergency requirement pursu- this time. they were in it for the long haul. We ant to section 402 of H. Con. Res. 95 (109th The PRESIDING OFFICER. The Sen- Congress), the current resolution on the will continue to support the evacuees ator from Mississippi. budget for fiscal year 2006. who come to our State, even as we Mr. COCHRAN. Mr. President, the NATIONAL PREDISASTER MITIGATION FUND work to recover ourselves from Hurri- amendment has the support of this side cane Rita. But I am here to make sure For an additional amount for ‘‘National of the aisle, and we join in the request Predisaster Mitigation Fund’’ for the pre-dis- we have the tools and the resources of the Senator from Washington. aster mitigation grant program pursuant to necessary to do the job right. title II of the Robert T. Stafford Disaster Re- Mr. President, I yield the floor. The PRESIDING OFFICER. If there is no further debate, the question is on lief and Emergency Assistance Act (42 U.S.C. The PRESIDING OFFICER (Mr. 5131 et seq.), $100,000,000, to remain available ALLEN). The Senator from Washington. agreeing to the amendment. until expended: Provided, That grants made The amendment (No. 3599) was agreed AMENDMENT NO. 3599 for pre-disaster mitigation shall be awarded Mrs. MURRAY. Mr. President, I ask to. on a competitive basis subject to the criteria unanimous consent that the pending Mrs. MURRAY. I move to reconsider in section 203(g) of the Robert T. Stafford Disaster Relief and Emergency Assistance amendment be set aside. the vote, and I move to lay that mo- tion on the table. Act (42 U.S.C. 5133(g)), and notwithstanding The PRESIDING OFFICER. Without section 203(f) of such Act, shall be made objection, it is so ordered. The motion to lay on the table was agreed to. without reference to State allocations, Mrs. MURRAY. Mr. President, I call quotas, or other formula-based allocation of up amendment No. 3599 and ask for its AMENDMENT NO. 3708 funds: Provided further, That the total costs immediate consideration. Mrs. MURRAY. Mr. President, on be- in administering such funds shall not exceed The PRESIDING OFFICER. The half of Senator BYRD, I call up amend- 3 percent of the amounts provided in this clerk will please report. ment No. 3708 and ask for its imme- heading: Provided further, That the amount The legislative clerk read as follows: diate consideration. provided under this heading is designated as an emergency requirement pursuant to sec- The Senator from Washington [Mrs. MUR- The PRESIDING OFFICER. Without tion 402 of H. Con. Res. 95 (109th Congress), RAY], for Mr. LUGAR, for himself, Mr. OBAMA, objection, the clerk will report the the current resolution on the budget for fis- Mr. DOMENICI, Mr. LEVIN, Mr. HAGEL, Mr. amendment. cal year 2006. REED, Mr. CHAFEE, Mr. DODD, Mr. ALLEN, Mr. The legislative clerk read as follows: SEC. —001. Notwithstanding any other pro- BAYH, Mrs. BOXER, Mr. AKAKA, Mr. LAUTEN- vision of this Act, the amount provided for BERG, and Mr. DURBIN, proposes an amend- The Senator from Washington [Mrs. MUR- ‘‘Diplomatic and Consular Programs’’ shall ment numbered 3599. RAY], for Mr. BYRD, proposes an amendment numbered 3708. be $1,172,600,000. Mrs. MURRAY. Mr. President, I ask Mrs. MURRAY. Mr. President, I be- unanimous consent that reading of the Mrs. MURRAY. Mr. President, I ask lieve we have no other amendments amendment be dispensed with. unanimous consent that reading of the The PRESIDING OFFICER. Without amendment be dispensed with. Senators want to offer on our side to- objection, it is so ordered. The PRESIDING OFFICER. Without night. The amendment is as follows: objection, it is so ordered. I ask our colleagues on the other side (Purpose: To increase by $8,000,000 and de- The amendment is as follows: if they have any further amendments posit in the Former Soviet Union Threat (Purpose: To provide additional amounts for to offer tonight. Reduction Account the amount appro- emergency management performance The PRESIDING OFFICER. The Sen- priated for Cooperative Threat Reduction) grants, and for other purposes) ator from Mississippi. On page 117, between lines 9 and 10, insert At the appropriate place, insert the fol- Mr. COCHRAN. Mr. President, let me the following: lowing: thank all Senators for the cooperation

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3692 CONGRESSIONAL RECORD — SENATE April 27, 2006 we received during today’s consider- ering which would make communities while still addressing the truly press- ation of amendments to H.R. 4939, the impacted by Dennis eligible for relief. ing needs that are out there. emergency supplemental appropria- Further, I note the House did not in- I suggest the absence of a quorum. tions bill. We have taken up a lot of clude similar language and urge my The PRESIDING OFFICER. The amendments to the bill, and we have colleagues in the Florida delegation to clerk will call the roll. heard a lot of debate. We know this fight to keep the Senate provision in- The assistant legislative clerk pro- will continue probably on into next tact during conference. ceeded to call the roll. week before we complete action on the Mr. BURNS. Mr. President, I wish to Mr. FRIST. Mr. President, I ask bill. But we look forward to consid- take a moment this afternoon and dis- unanimous consent that the order for ering any suggestions that Senators cuss this supplemental and the need to the quorum call be rescinded. The PRESIDING OFFICER. Without have for improving the legislation. We restore some fiscal responsibility to would just as soon they did not spend a objection, it is so ordered. this body. America has had some big Mr. FRIST. Mr. President, I had lot of time finding ways to improve the challenges thrown at it over the last 5 hoped we could have made further bill. But we think we made good years 9/11, the war on terror, and Hurri- progress on the emergency supple- progress today. cane Katrina and those challenges have We thank all Senators and especially mental bill. Unfortunately, today we required some commitment from the were only able to dispose of two Senator MURRAY for her help in man- Federal Treasury. I accept that. But amendments with rollcall votes—only aging the bill today. Senator BYRD, the Congress can not continue to spend ranking Democrat, the senior Demo- two amendments. I am disappointed without restraint, and this administra- that the Senator from Oregon pre- crat, on the committee, has been a tion can not continue to rely on the friend for a long time, and I have ap- vented us from voting on some of the use of emergency supplementals to cir- amendments that had been in the preciated his help and counsel and ad- cumvent the congressional budget vice and assistance as well. queue, in line, and ready for votes. process. Having said that, we know this is an I know of nothing further to come be- When the President sent his budget fore the Senate, so we will await the emergency bill, supplemental emer- request for fiscal year 2007 up to Con- gency spending. Time is of the essence. advice of the leader before any further gress, the administration indicated action is taken. Tomorrow there is a retreat on the that Congress should expect some other side of the aisle, and therefore we Mr. NELSON of Florida. Mr. Presi- emergency supplemental requests as dent, Florida was hit by four hurri- will not be able to make further well. On February 16, the administra- progress. For that reason, I will send a canes in 2005, a devastating year for tion asked for $92.2 billion in emer- killer storms. Starting with Delmis in cloture motion to the desk to ensure gency funding for the war on terror and we can finish this emergency bill at a July, followed by Katrina in August, hurricane recovery. I think we need to Rita in September, and finishing with reasonable time next week. ask some tough questions about budget Wilma in October, when the hurricane CLOTURE MOTION processes and emergency funding re- season finally ended, 39 of Florida’s 67 I now send that cloture motion to the quests. Do all of these dollars truly be- counties had been declared Federal dis- desk. long outside the normal budget and ap- aster areas. In the aftermath, 40,000 The PRESIDING OFFICER. The clo- propriations debate? I support the war roofs were repaired by the Army Corps; ture motion having been presented on terror, and I am sympathetic to the ‘‘Blue Roof’ program and approxi- under rule XXII, the Chair directs the devastation caused by the hurricanes, mately 3,000 temporary trailers were clerk to read the motion. but neither of those events justifies a used as housing for Floridians left The legislative clerk read as follows: blank check from Congress. homeless by the storms. CLOTURE MOTION The President has asked for $92.2 bil- While I am emely appreciative of the We the undersigned Senators, in accord- assistance extended to Florida by this lion, and I think that—at a minimum— ance with the provisions of rule XXII of the we need to work our way back to that Standing Rules of the Senate, do hereby body, today I joined Senators CORNYN number in conference. We need to take move to bring to a close debate on Calendar and HUTCHISON of Texas and Senator a careful look at all of the President’s No. 391, H.R. 4939, the Emergency Supple- LANDRIEU of Louisiana on an amend- requests, as well as the priorities that mental Appropriations Act for Defense, the ment to H.R. 4939, the supplemental ap- Global War on Terror, and Hurricane Recov- propriations bill, which ensures no other Senators have, and make a deci- ery, 2006. State will receive an allocation ofless sion as to whether these provisions are Bill Frist, Thad Cochran, Judd Gregg, than 3.5 percent of the $5.2 billion in- truly emergency needs. Lamar Alexander, Wayne Allard, John- cluded in this bill for disaster Commu- I realize that some of my colleagues ny Isakson, Mitch McConnell, Mel Mar- nity Development Block Grant funds. might take exception to these com- tinez, Orrin Hatch, Kay Bailey ments, since I have pushed for agricul- Hutchison, George Allen, Norm Cole- This is extremely important to the man, Pat Roberts, Richard Shelby, panhandle of Florida because the last tural disaster assistance. I believe the most important component of that Larry Craig, Richard Burr, Robert F. suppemental appropriation bill of fiscal Bennett. year 2006 did not include Hurricane package is the energy assistance pay- ments, to help farmers manage unprec- Mr. FRIST. Mr. President, I ask Dennis. unanimous consent that the live After Dennis made landfall, 27 per- edented increases in the cost of fuel and fertilizer price increases that were quorum be waived. cent or over 12,000 homes were damaged The PRESIDING OFFICER. Without caused in large part by the hurricanes. in Santa Rosa County the same region objection, it is so ordered. decimated by Hurricane Ivan in 2004, Congress has been generous in address- f Escambia County suffered $73.8 million ing gulf coast recovery, but we cannot in damages from Dennis. Franklin address some of the impact while leav- MORNING BUSINESS County’s oyster beds and processing ing others to absorb the full impact of Mr. FRIST. Mr. President, I ask plant were nearly destroyed. Parts of an unforeseeable disaster. Producers unanimous consent that there now be a Wakulla County were left under water have waited and waited, watching one period for the transaction of morning by storm surges of more than 10 feet. I supplemental after another go by with- business, with Senators permitted to have not forgotten Dennis’ victims and out their legitimate concerns being ad- speak for up to 10 minutes each. want them to know I am fighting for dressed. The PRESIDING OFFICER. Without them. Budgets are about priorities—allo- objection, it is so ordered. cating the right amount of money to South Florida will also benefit great- f ly from additional CDBG dollars. With the right places at the right time for total insured losses of $8 billion, Wilma the right reasons. We have limited re- CONGRATULATING CRAIG is ranked the second most expensive sources, and we need to allocate them WILLIAMS hurricane among the eight to strike wisely. I am confident that, working in Mr. MCCONNELL. Mr. President, I Florida during 2004 and 2005. good faith with our colleagues in the rise today to congratulate a distin- I thank the committee for crafting House and the administration, we can guished Kentuckian who has been hon- language in the bill we are now consid- bring the overall dollar figure down, ored with a very distinguished award. I

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3693 understand that philanthropist Rich- no Chicken Little. He is credible, be- and they have shown that not even the ard Goldman got the inspiration for cause he knows what he is talking most recalcitrant despot who uses the the Goldman Environmental Prize about. I listen to Craig, as do my Sen- national army as his own palace guard after reading about the winners of the ate colleagues, because he is so often can withstand the will of the people Nobel Prize, and wondering why there right. when they are prepared to risk their was no equivalent for extraordinary ef- The work Craig and I have done to- lives for freedom. forts to conserve our natural environ- gether is a perfect model for how gov- Today, Nepal begins a new chapter in ment. ernment can and ought to work with its history. The future is far from cer- Now, less than two decades since its the people it serves. Too often, collabo- tain and the road ahead is filled with inception, the Goldman Environmental ration between lawmakers and in- potential pitfalls. But no one can doubt Prize has risen to rival the Nobel as a formed citizens—also known as lobby- the opportunity that this moment of- marker of achievement. Every one of ists, please excuse my language, I know fers, nor the importance of what is at this year’s winners fought to protect that is a dirty word—is portrayed as stake for Nepal. the environment in a way that affected unethical or sleazy. It is up to Nepal’s political parties, the lives of thousands, if not millions, The truth is that the vast majority of whose leaders have too often put their of others, often alone and at great per- people who come to Congress for help own personal ambitions ahead of the sonal cost. All of them have my admi- are people like Craig Williams. They good of the country, to show that they ration. And I am grateful the Goldman have a lot of passion, a lot of knowl- have a practical vision for the future Environmental Prize will continue to edge, and want to persuade the govern- and that they can govern. In a democ- recognize and reward conservationists ment to use its power for their cause. racy that means dialogue, it means tol- who protect the land, and promote the Craig’s cause is just, and his advo- erance, it means compromise, it means well-being of the people who use it. cacy is persuasive. When Craig tells me acting in good faith as representatives All of that said, I speak today for one something, I know it is worthy of con- of the people, it means keeping one’s reason. Craig Williams has been a sideration, and I will be inclined to commitments, and it means being will- friend for over 20 years, and an inspira- move the levers of government to get ing to step aside for the next genera- tion. Craig won this award because he the results he and I want. For 20 years tion when it is their turn. dared to speak out against an immov- I have been happy to do just that. Gov- The Maoists must also recognize that able, hidebound bureaucracy—the De- ernment works because of people like the Nepali people’s foremost desire is partment of Defense—and he won. He is Craig Williams. peace. The Maoists have announced an- proof that, sometimes, David really I ask my colleagues to join me in other cease-fire, which is welcome, but can slay Goliath. This year, he has congratulating Craig Williams on this there is no justification for any return been honored as the North American well-deserved honor. to violence. Too many innocent people recipient of the Goldman Environ- f have died and too many Nepali families mental Prize. have suffered needlessly. It is time for For 20 years, Craig’s vigilance has A TRIBUTE TO THE NEPALI the Maoists to renounce violence and proven invaluable in ongoing efforts to PEOPLE join in a national dialogue to restore ensure the Department of Defense de- Mr. LEAHY. Mr. President, I want to democracy and develop a strategy to stroys its hundreds of tons of chemical speak briefly about recent events in address the root causes of the conflict. weapons as safely and efficiently as Nepal. possible. These deadly materials are As Senators are aware, last February The international community, par- stored at Blue Grass Army Depot, 1 King Gyanendra seized absolute ticularly India, the United States, which is near Craig’s home in Berea, power, dissolved the multiparty gov- Great Britain, China, and the United KY, and at several other locations ernment, and imprisoned his political Nations, also have an important role to across the United States. Thanks to his opponents. He justified his power grab play in supporting Nepal at this crit- activism, we are closer than we ever as necessary to bring peace and democ- ical time. Like Afghanistan, East have been to taking tangible steps to- racy to that impoverished Himalayan Timor, and other unstable countries wards removing these heinous weapons nation that has been in the throes of a emerging from years of conflict, Nepal from the face of the Earth once and for bloody conflict with Maoist insurgents will need technical assistance for the all. for a decade. election of a constituent assembly and Craig’s biggest fans are his neigh- Yet, as many predicted, in the past the drafting of a new constitution. It bors, the people of Madison County, year the Maoists have gained strength will need international monitors of the KY. To them, Craig is an absolute hero. while Nepal’s fledgling democratic in- cease-fire and of the observance of Imagine if you lived just a short dis- stitutions have been badly weakened. human rights by both Maoists and the tance away from over 500 tons of the Finally recognizing that the King’s army. It will need resources to help deadliest materials ever conceived by real purpose was to consolidate his own build the institutions of democracy and man, VX nerve agent. As little as 10 power and take the country back to to hold accountable those on both sides milligrams of VX will kill a human the feudal days of his father, the people of the conflict who are responsible for being. That is about the mass of 10 lost patience. atrocities. grains of sand. If inhaled, death is im- Over the past few weeks, hundreds of During the 5 years of his troubled mediate. thousands of Nepali citizens took to rein, King Gyanendra took Nepal to Too many people have lived for too the streets in a show of defiance and the brink of disaster. He stubbornly ig- long with that mortal threat hanging braved bullets, clubs, and tear gas to nored the pleas of Nepal’s friends. He over them. Thanks to Craig, they can force the King to back down. shamelessly used the army to trample see light at the end of the tunnel. Tomorrow, Nepal’s Parliament will on the people’s cherished rights. He Obviously, Craig is very effective. reconvene and it is expected to begin squandered his opportunity to continue But let me explain why he is so effec- discussion of a date for the election of on the path of his predecessor to nur- tive. First of all, he is tenacious. After a constituent assembly to draft a new ture democracy and help guide Nepal 20 years of commitment to this cause— constitution. Among the key issues to into the 21st century. with little or no pay or recognition—he be addressed is what role, if any, the The Nepali people, 15 of whom gave and the nationwide group of concerned monarchy will have in Nepal’s demo- their lives in the protests, want noth- citizens he founded, the Chemical cratic future. Another necessary step ing less than a democratic future. They Weapons Working Group, are more ac- will be to guarantee the army’s subser- want a government that respects the tive than ever. vience to civilian authority. worth of every Nepali, regardless of the A lot of people come to Congress I wish to pay tribute to the people of family they come from, their eth- every day with dire warnings about Nepal. They have suffered for genera- nicity, religion, gender or profession. It this or that issue. And a lot of them tions from poverty, discrimination, is time for Nepal’s leaders to show that turn out to be Chicken Littles, warning corruption, and repression. Yet they are worthy of the Nepali people’s about a sky that never falls. Craig is through it all they have persevered, confidence and support.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3694 CONGRESSIONAL RECORD — SENATE April 27, 2006 SEVEN YEARS AFTER COLUMBINE this legislation was allowed to expire, Colorado and Oregon immediately passed Mr. LEVIN. Mr. President, last allowing 19 previously banned assault initiatives requiring background checks at weapons, including the TEC–9 handgun gun shows. Today 32 states still do not re- Thursday marked the seventh anniver- quire background checks on gun purchases sary of the tragic Columbine High used by the Columbine shooters, and at gun shows including Washington. School shooting. None of us will forget other firearms with military style fea- The Federal Assault Weapons Ban expired the sight of hundreds of terrified stu- tures to be legally sold again. in 1994 and was not renewed, putting guns dents running out of their high school I have cosponsored legislation to re- like Tec–9s back on the streets. while police and S.W.A.T. team mem- authorize and strengthen the assault In 2005 Congress passed and the president signed into law a measure that, astonish- bers frantically searched for 2 young weapons ban. Last Congress, the Sen- ate adopted an amendment to reau- ingly, provides immunity from prosecution gunmen who, before taking their own for gun manufacturers and sellers. lives, had murdered 12 innocent chil- thorize the assault weapons ban for 10 The National Rifle Association is pushing dren, a teacher, and wounded 2 dozen years. However, like the amendment to hard to pass ‘‘take-your-guns-to-work’’ laws other students. close the gun show loophole, the bill to in all 50 states that would turn companies In the aftermath of the Columbine which the amendment was attached into criminals if they barred guns on their tragedy, I said I would try to make a was later defeated, and despite the fact private property. So far the legislation has that a bipartisan majority of Senators been introduced in 11 states. statement each week on the issue of Seven states have passed legislation that commonsense gun safety to help draw voted to support reauthorizing the ban eliminates a citizen’s duty to avoid a threat, attention to an issue that, unfortu- on assault weapons, the Republican and allow the use of deadly force before nately, continues to go unaddressed. leadership has refused to schedule an- other options when a gun user simply feels Heidi Yewman, who graduated from other vote on the issue. threatened. Columbine High School 13 years before Mr. President, the threat of gun vio- You’ve got to give the NRA credit. It is an the shooting, wrote about her frustra- lence in our schools and communities effective lobbying organization that fights hard for its beliefs and has enjoyed remark- tions and the lack of congressional at- has not diminished. Last week alone, able success in the past seven years. But at tention to this issue in a recent news- as families and friends remembered what price? If only common sense had lobby- paper editorial. As she put it, ‘‘This those who were lost in the Columbine ists. summer I will attend my 20-year high shootings, law enforcement officials A MASSACRE EVERY DAY school reunion, and Topic A will be as apparently thwarted planned Col- Since the Columbine tragedy, 210,000 peo- it has been for the past seven years the umbine-style school shootings in Kan- ple have died in America due to gun vio- massacre and what hasn’t happened sas, Alaska, Mississippi, and Wash- lence, and school shootings continue to since.’’ I will ask that the text of Ms. ington. According to published reports, occur without much notice. Can you even re- Yewman’s editorial be printed in the students in at least two of these small member the names of the schools where kids RECORD. towns had already acquired the guns were shot and killed in the past seven years? One of the things mentioned by Ms. It’s become routine news, sandwiched be- and ammunition necessary to carry out tween the latest from Iraq and the weather. Yewman that hasn’t happened since such an attack. Since 9/11, America has monitored library the Columbine High School shootings Were it not for the courage of the cards, listened in on cell phone calls, tracked is a Federal requirement of a back- students who stepped forward to report fertilizer purchases, and made us take our ground check on the sale of all fire- violent threats from their fellow stu- shoes off before boarding an airplane, but it arms, including those that are sold at dents and the investigative work by has done almost nothing to make it harder gun shows. Under current law, when an law enforcement officials that fol- for either terrorists or criminals to buy individual buys a firearm from a li- guns. We continue to put the right to own a lowed, another community might well Tec–9 over common sense precautions to pro- censed dealer, there are Federal re- have had to face the horror that the tect our nation and our kids. I find such in- quirements for a background check to residents of Littleton, CO, faced 7 years action inexcusable. insure that the purchaser is not prohib- ago. Congress must take up and pass Columbine did mobilize millions of moms ited by law from purchasing or pos- common sense gun safety legislation to across the nation, and a small, vocal minor- sessing a gun. However, this is not the help prevent such tragedies from occur- ity is railing against this country’s gun cul- ture. In March, 32 states received grades of case for all gun purchases. For exam- ring in the future. ple, when an individual wants to buy a D’s or F’s in the Brady Campaign’s 2005 an- I ask unanimous consent that the be- nual report card. Washington state earned a firearm from another private citizen fore-mentioned editorial be printed in D-plus and Oregon got a C-minus because who is not a licensed gun dealer, there the RECORD. they haven’t passed common sense gun laws is no Federal requirement that the sell- There being no objection, the mate- that protect our children and families. Do we er ensure the purchaser is not in a pro- rial was ordered to be printed in the perhaps think that, because our memories hibited category. This creates a loop- RECORD, as follows: have faded, the threat is any less real? Don’t we know that 10 of the 19 school shootings hole in the law, making it easy for [From the Columbian, Apr. 16, 2006] criminals, terrorists, and other prohib- since Columbine happened in the spring? LOCAL VIEW: GUN ADVOCATES IGNORE Didn’t Benjamin Franklin say that the defi- ited buyers to evade background LESSONS OF COLUMBINE nition of insanity is doing the same thing checks and buy guns from private citi- (By Heidi Yewman) over and over and expecting different re- zens. This loophole creates a gateway sults? This summer I will attend my 20-year high to the illegal market because criminals On April 20, 1999 I saw my high school school reunion, and Topic A will be as it has turned into a morgue for innocent teenagers. know they will not be subject to a been for the past seven years—the massacre background check when purchasing I truly thought the carnage would prompt and what hasn’t happened since. some meaningful change. from another private citizen even at a Seven years ago, this Thursday (April 20), I was wrong. gun show. two teenage gunmen massacred 12 students I guess we’re all just hoping that our child, During the 108th Congress, I cospon- and one teacher at my school, Columbine our school isn’t next. But wishing won’t sored an amendment that passed the High in Colorado. That teacher, my high make it so. What we can do is call on our Senate which would have required school basketball coach Dave Sanders, bled legislators to pass a law requiring back- background checks on all firearms sold to death after being shot in the chest; 24 ground checks at gun shows in 2007, legisla- other people were injured. at gun shows. However, when the Sen- tion that we have been trying to pass in It was a terrible, sad day that sparked Washington since Columbine. ate passed the amendment, the Na- massive debate regarding guns and gun laws I wonder if at my 30-year reunion the mas- tional Rifle Association and its allies in the United States. Much discussion also sacre at Columbine High School will still be in the Senate then removed their sup- centered on the nature of high school cliques ‘‘the worst school shooting in U.S. history.’’ port for the underlying bill and it was and bullying, violent movies and video Sadly, I doubt it. games, but mostly on guns like the two shot- defeated. Unfortunately, the Senate f has failed to address this important guns, the assault rifle, and the TEC–9 assault gun safety issue since. pistol that the two troubled kids at Col- WELCOMING HIS EXCELLENCY umbine used to shoot their victims before In the years since the Columbine ILHAM ALIYEV, THE PRESIDENT killing themselves. OF AZERBAIJAN High School shootings, Congress has So what exactly has changed as a result of also failed to renew the 1994 assault all that despair, discussion and debate? Mr. BROWNBACK. Mr. President, the weapons ban. On September 13, 2004, Virtually nothing. Senate recognizes Azerbaijan as a key

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3695 ally in a region of significant impor- a single day goes by without United States to be allowed to do so as tance and a valued partner to the Pyongyang carrying out more reckless per the provisions of the act and appro- United States. Under President Ilham deeds to escalate the crisis or exchang- priate vetting processes. Nothing we Aliyev’s leadership, Azerbaijan has ing hostile threats with Washington, do—not even funding—will produce made important contributions in Iraq, DC. With the six-party talks dissolving more tangible results of improving the Afghanistan, and Kosovo. He supports without any progress, the current nu- human rights of North Koreans than efforts to combat terrorism, speed inte- clear standoff seems poised to con- this gesture that is a long and hallowed gration of Azerbaijan into Western in- tinue, if not deteriorate. Many people part of our history and tradition. We stitutions, and is committed to work- point out, and correctly so, the need are a nation that welcomes those fac- ing with the United States in devel- for more scholarship on the nuclear ing persecution because we not only be- oping democracy and civil institutions threat that North Korea poses not only lieve but practice the principal that in Azerbaijan. to East Asia but also to the world. ‘‘to whom much is given, much is re- President Aliyev is in Washington The sad truth, however, is that amid quired.’’ this week to meet with President Bush, the discussion of regional security and As the security concerns dominate senior Administration officials, and nuclear nonproliferation for South headlines of all United States and key congressional leaders to discuss Korea, Japan, and China, as well as the international news media, the the promotion of democracy, regional war against terrorism for the United sufferings of 22 million North Koreans cooperation, energy security and diver- States, a central part of this issue has are missing from public awareness. It sification, and our Nations’ commit- been neglected: the human rights of is in recognizing this desperate need ment to working closely together to North Koreans. for more awareness of the North Ko- advance freedom, security, and eco- It is hard to imagine a country whose rean human rights that the coalition is nomic independence. citizens endure a worse or more perva- organizing this timely and important Specifically, the Senate welcomes sive abuse of every human right. The event this week. the fact that Azerbaijan is rapidly de- Government prohibits freedoms of North Korean Human Rights Week veloping its national economy, growing speech, press, assembly, association, will provide an opportunity for us to at a rate of about 26 percent annually religion, movement, and more. The learn more about this tragedy that is since 2004, which contributes to the al- draconian penal code stipulates capital occurring right this minute. I com- leviation of poverty and reaching the punishment and confiscation of assets mend the organizers of the week, espe- millennium development goals; is com- for a wide variety of ‘‘crimes against cially the members of the North Ko- pleting the one mbpd Baku-Ceyhan, revolution,’’ including defection, at- rean Freedom Coalition and its many BTC, oil pipeline and Baku-Erzerum, tempted defection, slander of the poli- volunteers who have given so much of SCP, natural gas pipeline, set to in- cies of the state, listening to foreign their time in preparing for this impor- crease energy exports and availability broadcasts, and possessing ‘‘reac- tant event. for the United States and its allies; and tionary’’ printed matter. It is time to shake ourselves off of welcomes encouragement by the Those who escaped political con- shocked disbelief. And it is time to United States to assist the people of centration camps tell stories of horror break out of apathy and ignorance and Azerbaijan in establishing a fully free beyond imagination. Prison guards kill stand up for human rights in North and open democratic system, a pros- newborn babies in front of their moth- Korea. perous free market economy, and its ers. A female prisoner dies after being f rightful place in European and Euro- beaten by prison guards like a soccer NATIONAL VOLUNTEER WEEK Atlantic institutions, including the ball, with her wounds filled with North Atlantic Treaty Organization, maggots. Molten metal is poured on Mr. HARKIN. Mr. President, as we NATO, and World Trade Organization, Christians who refuse to disavow their celebrate National Volunteer Week, I WTO. faith. The open goal of these camps, de- would like to take a moment to recog- The Senate welcomes President taining political dissidents whose loy- nize four individuals for their extraor- Ilham Aliyev upon his first official alty to the party is ‘‘beyond recovery,’’ dinary service to the Everybody Wins! visit to Washington and thanks him for is to eradicate three generations of program in Iowa. coming. their inmates. An estimated 1.5 million As many of my colleagues know, Ev- f prisoners have been killed in the erybody Wins! is a literacy and men- camps. Approximately 200,000 are cur- toring program for elementary school NORTH KOREA FREEDOM DAY rently imprisoned. students. The program gives adults the Mr. BROWNBACK. Mr. President, Those who risk their lives and suc- opportunity to spend one lunch hour a this week the North Korean Freedom ceed in escaping to China to find food week reading with a child in a public Coalition, a bipartisan coalition of and freedom are not better off. The school. It is the ultimate power lunch. NGOs and individuals, will be orga- Chinese Government continues to vio- Eight years ago, Senator JIM JEF- nizing a rally on Capitol Hill at noon late refugees’ rights and repatriates FORDS recruited me to join him as a on Friday, April 28, 2006, in recognition them to North Korea, where they will volunteer for the Everybody Wins! pro- of North Korea Freedom Day. most likely face persecution; North Ko- gram in Washington, DC. The time I Largely through the persistent ef- rean refugees are exploited by those spend at Brent Elementary is the most forts of the coalition and many others around them who threaten to report important and rewarding hour of my across the country, there has been an them to the authorities. The sexual workweek. My experience also con- upsurge of interest in North Korea with slavery of North Korean refugee women vinced me of the need to expand this Americans and particularly the faith in China is an urgent human rights program to Iowa. communities. Members of Congress, issue that has yet to attract the atten- In 2002, Everybody Wins! Iowa was North Korean defectors, NGO leaders tion of the international community. launched. The program began as a from the USA, South Korea, and Japan In 2004, Congress passed and the small pilot program in 3 public schools have been holding rallies, testifying be- President signed into law the North with 15 volunteers. From this modest fore Congress, and personally sharing Korean Human Rights Act. Since pas- beginning, the program has grown, and their stories with others and the press sage, much has been done and various now serves more than 260 students in 11 to help support the plight of North Ko- provisions of the bill have been imple- central Iowa schools. reans and, in particular, the refugees in mented. However, much more remains The success of the Iowa program is China and elsewhere. Thousands will to be done, especially in fully funding due to the dedicated services of many gather to stand up for the freedom, the authorization contained in the bill. individuals. Today, I would like to rec- human rights, and dignity of the North I ask that reports from State Depart- ognize the service of four people who Korean people. ment required by the Act be submitted served as founding members of the Since the Stalinist country disclosed to Congress. More importantly, it is board of directors and who have played several years ago that it had renewed absolutely critical that we allow North a critical role in the development of efforts to develop nuclear weapons, not Korean refugees seeking refuge in the Everybody Wins! Iowa.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3696 CONGRESSIONAL RECORD — SENATE April 27, 2006 Ray Walton was the initial spark to A student of Thomas Jefferson’s after and his brother, Rafiq Aliyev. Because get the program started in Iowa. Ray serving in the Revolutionary War, of his well-known opposition to Rus- recruited the organization’s first exec- James Monroe was an adherent of Mr. sia’s increased influence in Azerbaijan utive director and served as one of the Jefferson’s principles of individual and his pro-Western stance, in addition first volunteers in the program. He also freedom and restrained representative to the antimonopoly initiatives he led served as vice president and later as government, which would guide him prior to his arrest, many fear that Mr. president of the board of directors. His through 50 years of public service. Aliyev’s and his colleague’s arrests leadership and dedication guided Ev- Elected to the Virginia General Assem- were politically motivated. They are erybody Wins! Iowa in those important bly in 1782, Monroe served in the Conti- being held in the pretrial detention early days. nental Congress and in the first United center at the National Security Min- Wilma Gajdel served on the board of Senate before his first two terms as istry, which is notorious for its poor directors for 3 years. She is also the Minister to France. He returned to his conditions and harsh treatment of pris- principal at Monroe Elementary, one of Virginia, and as many students of Mr. oners. Human rights organizations in the three original Everybody Wins! Jefferson have done since, served 4 this country and in Europe have ex- schools. The input of educators is crit- years as a native Governor. pressed concern about the violations of ical to the success of Everybody Wins!, Elected President of the United the due process rights of the detainees and Wilma’s guidance has been invalu- States in 1816, Monroe’s Presidency has in connection with this case. Farhad able. The Everybody Wins! Iowa model long been referred to as the Era of Aliyev is a cardiac patient suffering was developed at Monroe under her Good Feeling. James Monroe helped re- from hypertension and hypertrophy. In careful eye and has been adapted suc- solve longstanding grievances with the a recent fact-finding mission, the cessfully by other schools in central British and acquired Florida from the International League for Human Iowa. Spanish in 1819. James Monroe signed Rights has verified that Mr. Aliyev has Drew Gentsch served as the organiza- the Missouri Compromise that called been denied proper medical care and tion’s first treasurer. In addition, he is for the prohibition of slavery in west- medicine for his heart condition. As re- a volunteer reader at Monroe Elemen- ern territories of the Louisiana Pur- cently as this week, the International tary, the father of two young children, chase, which James Monroe was instru- League for Human Rights has indicated and a busy attorney. Drew has also mental in obtaining. He renounced Eu- that Mr. Aliyev may have undergone served as the chair of the board’s fi- ropean intervention or dominion in the another health crisis and his lawyers nance committee, and he contributed Western Hemisphere with one of our believe he may have suffered a heart many hours as he led the hiring com- Nation’s greatest foreign policy docu- attack. mittee for the board’s first executive ments, the Monroe Doctrine. I urge President Bush and this ad- director. His professionalism and at- In 1820, Monroe achieved an impres- ministration to remind President tention to detail have helped the orga- sive reelection, losing only one elec- Aliyev of Azerbaijan’s obligations be- nization flourish and grow. toral vote, preserving the honor of a fore the international community and B. MacPaul Stanfield is another busy unanimous election for George Wash- the importance of human rights in attorney and father of two. He has ington. Azerbaijan and to request Mr. Aliyev’s served as secretary of Everybody Wins! My own family has strong ties to the immediate release on bail in light of Iowa and is a volunteer reader at Mon- legacy of James Monroe. My wife his need for adequate medical care. The roe. He previously served as chair of Susan and I enjoyed our wedding on case of Mr. Aliyev may be the litmus the organization’s personnel com- the grounds of his home: Ashlawn- test of the Azeri government’s good mittee. Mac held one of the most im- Highland in Charlottesville. In fact, will and commitment to human rights. portant positions on the board as the part of Monroe’s property in Albemarle I ask unanimous consent that recent person responsible for recording the County is now on the grounds of his newspaper articles be printed in the minutes of the meetings and attending teacher’s great institution of learning, RECORD. There being no objection, the mate- to the myriad of other details that go the University of Virginia and is re- rial was ordered to be printed in the into the successful operation of a small spectfully referred to as Monroe’s Hill. RECORD, as follows: nonprofit organization. The life of James Monroe is one that Service on a volunteer board of direc- embodied virtue, honor and commit- [From the Financial Times, Apr. 21, 2006] tors is not easy and requires hours of ment during his accomplished life of AFTER HU, WHO? dedicated service. These four individ- public service. It is fitting that he Busy times at the White House. This week Hu Jintao has been George W. Bush’s uals gave generously of their time and would pass from this Earth on Fourth honoured guest. Next in line is Ilham Aliyev. talents to Everybody Wins! Iowa dur- of July, 1831. It is with sincere admira- After Hu, you might say, who? During the ing its infancy. That service provided a tion that I respectfully ask my col- Chinese president’s stay every word, smile strong foundation for the organization. leagues to recognize James Monroe’s and suppressed grimace has been scrutinised, As they leave the board, I wish to ex- 248th birthday as a reminder of his re- examined and analysed. I am not sure how press my sincere gratitude for their markable and magnificent leadership much we have learnt about the world’s most dedicated and selfless service. for the people of Virginia and the important geostrategic relationship. For his part, the president of Azerbaijan will strug- f United States. gle just to be recognised in the U.S. capital. TRIBUTE TO JAMES MONROE f Yet, strange though it seems, his visit says POLITICAL PRISONERS IN more than does that of Mr. Hu about the di- Mr. ALLEN. Mr. President, I am rection of U.S. foreign policy. pleased today to recognize James Mon- AZERBAIJAN Mr. Aliyev has been leader of the Caspian roe, a Virginia patriot on the 248th an- Mr. PRYOR. Mr. President, as Presi- state for nearly three years. Notionally niversary of his birth and to honor his dent Bush prepares for his meeting elected, in reality he inherited the post from service to our Nation as a soldier, leg- with President Ilham Aliyev of Azer- his father, once a member of the Moscow po- islator and as the fifth President of the baijan, I rise to address important litburo and still revered for rescuing the former Soviet republic from post-communist United States of America. I rise today human rights concerns in that country. collapse. Even now, heroic images of the late to honor his undeniable legacy. Although hundreds of political pris- Haydar Aliyev adorn the streets, offices and James Monroe, born April 28, 1758, oners have been freed due in part to cafes of the capital Baku. Monroe attended the College of Wil- pressure brought by the United States, Ilham, though, presents himself as a thor- liam and Mary, fought with distinction it is believed that as many as 50 polit- oughly modem leader. He is fluent in in the Continental Army, and practiced ical prisoners remain in Azeri jails. English, takes holidays in the south of law in Fredericksburg, VA. As a youth- Prior to the November elections in France and waxes lyrical about his country’s ful politician, he joined the anti-Fed- Azerbaijan, a group of businessmen and Euro-Atlantic destiny. I met him last au- tumn in the presidential palace in Baku. eralists in the Virginia Convention government officials were arrested on Gracious and persuasive, he consciously de- which ratified the Constitution, and charges of planning a coup. Among this fied the stereotypes of the Soviet-style ty- became an advocate of Jefferson prin- group, there were former Minister of rants who continue to rule in much of this ciples. Economic Development Farhad Aliyev, part of the world.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3697 Beneath the well-cut suits, charming man- nationalists do not expect Saudi Arabia, for energy sources and to encourage democratic ner and rhetorical commitment to western example, to abandon autocracy for democ- growth have collided in Azerbaijan. By invit- values, though, lies the same determination racy by the day after tomorrow. Egypt’s ing Mr. Aliyev to the White House, they say, to hang on to power. His election after the Hosni Mubarak might be prodded harder and Mr. Bush has made a choice: oil and location death of his father in 2003 was rigged. So too, the democratic forces in Lebanon given now trump other concerns. albeit marginally less blatantly, were polls greater support, but transformation will Ali Kerimli, leader of the Popular Front of for the country’s national assembly last au- take time. Azerbaijan, noted that when Mr. Aliyev was tumn. Politics and money are inextricably The argument, though, does not work in elected in 2003 in a vote deemed neither free intertwined. Azerbaijan, a clan-based soci- the same way for Azerbaijan. If Mr. Bush’s nor fair, the White House withheld an invita- ety, stands near the top of every inter- words are to mean anything at all, they tion, awaiting improvement by Azerbaijan in national corruption index. must be shown to have substance precisely promoting civil society and recognizing This is where Mr. Bush comes in. Small as in places like this. Of course, the country human rights. it is, Mr. Aliyev’s fiefdom has strategic sig- has strategic significance. It goes without ‘‘It is difficult for Azerbaijan’s democratic nificance. Its geography—the country bor- saying that the west wants its oil. But Amer- forces to understand what changed,’’ said ders Iran, Russia and Georgia as well as the ica’s failures in the Middle East during the Mr. Kerimli, who was beaten by the police as Caspian—puts it in the cockpit of the second half of the last century were based on were several thousand demonstrators during unspoken struggle between Washington and just such so-called realism. a crackdown on a protest over fraudulent Moscow for influence in the former Soviet Now, if it wants to preserve any credi- parliamentary elections last fall. The dem- republics of the Caucasus and central Asia. bility, Washington must be seen to act where onstration had been peaceful until the police Its more immediate military utility has it can. And, in truth, Azerbaijan is one of the rushed in with clubs. ‘‘I think the White House must explain not escaped the Pentagon. Donald Rumsfeld, easiest cases. Its relationship with the west what has happened when three years ago the U.S. defence secretary, is a regular vis- is grounded in mutual dependency. For all Aliyev was not wanted for a reception in the itor to Baku. The air corridor over Azer- that Mr. Aliyev might threaten to turn to- White House, and now he falsifies another baijan is used for U.S. operations in Afghani- wards Moscow, he has no desire to embrace stan and Iraq. Western diplomats say that election and is received,’’ Mr. Kerimli said. Russia. He wants the west’s approval and in- American officials insist nothing has the U.S. has also established listening posts vestment in Caspian oil. He is susceptible, in in the south to eavesdrop on Iran. The Pen- changed, and say Mr. Aliyev has been invited other words, to pressure. for what they call a ‘‘working visit,’’ during tagon has been refurbishing at least one Instead he can expect the White House red former Soviet air base. For his part, Mr. which he will be urged to liberalize his gov- carpet and a few gentle admonitions about ernment and its economy, which is tightly Aliyev, a secular Muslim, supported the top- trying to make the country’s next elections pling of Iraq’s Saddam Hussein. controlled by state officials and clans. a little bit fairer than the last. So who, to Then, of course, there is the oil. The deep ‘‘If we are going to elevate our relationship borrow a phrase, cares? The answer is all waters of the Caspian hold large reserves of with Azerbaijan to something that is quali- oil and gas. Azerbaijan has begun pumping those people and groups in Azerbaijan and tatively different, then there has to be its share through a new pipeline connecting well beyond who had hoped that the U.S. progress on democratic and market re- the fields to the Turkish Mediterranean port president was serious in his commitment to forms,’’ a senior State Department official of Ceyhan. The political message is clear— the advance of freedom and democracy. The said. ‘‘I am sure we will talk in these clear Mr. Aliyev is ready to snub Russia to serve winners are autocrats everywhere. Oh, and, I and blunt terms.’’ the west’s voracious appetite for hydro- suppose, the Teflon-like Mr. Rumsfeld. The United States’ relationship with Azer- carbons. baijan rests on three principal issues: access So why wouldn’t Mr. Bush welcome such a [From the New York Times, Apr. 23, 2006] to energy resources, international security stalwart ally at the White House? The an- AZERBAIJAN LEADER, UNDER FIRE, HOPES U.S. cooperation, and democratic and economic swer is that Mr. Aliyev has consistently VISIT IMPROVES IMAGE change. brushed aside calls from Washington to edge (By C.J. Chivers) On the first two issues, the United States has made clear it is satisfied. Mr. Aliyev has his country closer to freedom and democ- Next week, after years of waiting for an supported new pipelines to pump Caspian hy- racy—and the U.S. president has put the unequivocal nod of Western approval, Presi- drocarbons away from Russia and Iran to spread of political pluralism front and centre dent Ilham H. Aliyev of Azerbaijan will fly Western customers, and provided troops to of his foreign policy. to Washington to be received at the White For Azerbaijan, last autumn’s elections United States-led military operations in Af- House, a visit his administration hopes will were set by Washington as something of a ghanistan and Iraq. lift his stature. test. A few month’s earlier, Condoleezza Azerbaijan also grants overflight rights to Being a guest of President Bush has been Rice, the U.S. secretary of state, had added the American military and is cooperating billed in Mr. Aliyev’s circle as a chance for substance to Mr. Bush’s democratic im- with a Pentagon-sponsored modernization of the 44-year-old president—dogged by allega- pulses. The days of appeasing autocratic a former Soviet airfield that could be used tions of corruption, election rigging and re- leaders in oil-rich Muslim states, Ms. Rice by American military planes. pression of opposition figures—to gain more declared in a much-trumpeted speech in Mr. Aliyev often welcomes foreign delega- international legitimacy. Cairo, were over. The stability this had tions to Baku, the capital, describing in ‘‘We have long waited for this visit,’’ said brought was a cruel illusion. America’s secu- smooth English his efforts to push his nation Ali Gasanov, a senior presidential adviser. rity lay in the promotion of freedom and de- toward Western models of democracy and ‘‘Now it has been scheduled, and we hope mocracy. free markets. There would be incentives as well as pen- that we will be able to discuss global issues.’’ But Azerbaijan has remained undemo- alties. In Mr. Aliyev’s case, I was told by a For President Bush, who has made democ- cratic. No election under Mr. Aliyev or his senior U.S. official, this would include the racy promotion a prominent theme of his late father, Heydar Aliyev, has been judged prestige bestowed by the invitation to the foreign policy, Mr. Aliyev’s visit could prove free or fair by the main international observ- White House he had sought from the outset tricky. ers. Instead, fraud and abuse of state re- of his presidency. The bargain seemed Mr. Aliyev’s invitation arrived during a pe- sources for chosen candidates have been straightforward: the assembly elections riod of increasing diplomatic difficulties be- widespread. would be relatively free and Mr. Aliyev tween the United States and both Russia and Ilham Aliyev’s government maintains a would get his photo opportunity on the Iran, countries that border Azerbaijan. distinctly Soviet-era state television net- White House lawn. As it turned out the poll But while Azerbaijan’s strategic location work and has elevated Heydar Aliyev to the was anything but fair but Mr. Aliyev, de- could hardly be better and its relations with status of a minor personality cult figure. scribed this week by the White House as a the United States have mostly been warm, Moreover, Azerbaijan’s government is ‘‘valued partner’’, still gets his trip to Wash- no leader in the region more fully embodies often described as one of the world’s most ington. the conflicting American objectives in the corrupt. A criminal case now in federal court Wait, I hear those weary foreign policy former Soviet Union than its president. in New York against three international practitioners sigh, the road to democracy in Mr. Aliyev is a secular Muslim politician speculators describes enormous shakedowns this part of the world was never going to who is steering oil and gas to Western mar- and bribes in the late 1990’s at Socar, Azer- travel in a straight line. The geometry was kets and who has given political and mili- baijan’s state oil company. Mr. Aliyev was a always going variable, as was the pace. tary support to the Iraq war. But his admin- Socar vice president at the time. There are far worse than Mr. Aliyev and, in istration has never held a clean election and Last year the Azerbaijani government any event, Mr. Bush intends to tell him has used riot police to crush antigovernment showed signs of paranoia, arresting several straight that he expects more of him in fu- demonstrations. people shortly before the parliamentary elec- ture. Consistency, the argument continues, The invitation, made last week, has raised tion and accusing them of plotting an armed can rarely be more than an aspiration in for- eyebrows in the former Soviet world, where coup. eign policy. It would be a mistake to make Mr. Bush’s calls for democratization have in- Public evidence for the charges has been the pursuit of the perfect the enemy of the creased tensions between opposition move- scarce, and a lawyer for two of the men held possible. ments and the entrenched autocrats. in solitary confinement for months since— Half-true. The most ardent American neo- Opposition leaders have long said the Farhad Aliyev, the former minister of eco- conservatives or European liberal inter- United States’ desires to diversify Western nomics, and his brother Rafiq—has urged

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3698 CONGRESSIONAL RECORD — SENATE April 27, 2006 Congress to raise issues of their treatment The State Department said of Aliyev’s par- NORTH KOREA FREEDOM WEEK when Mr. Aliyev comes to Washington. (The liamentary elections, ‘‘there were major Mr. SANTORUM. Mr. President, as president is not related to the accused men.) irregularities and fraud.’’ Nazarbayev’s elec- American officials say that Azerbaijan has tion was worse. Since then, two of we are in the midst of North Korea been liberalizing slowly, and evolving into a Nazarbayev’s opponents have died or been Freedom Week, I would like to speak more responsible state. But given Mr. murdered in suspicious circumstances. Three to the human rights situation in North Aliyev’s uneven record and the allegations of Aliyev’s foes are being tried this month on Korea. As we continually strive to pro- against him, his visit has raised fresh ques- treason charges, and his biggest rival has tect the freedoms that this country tions about the degree to which American been jailed. holds dear, such as the freedoms of reli- standards are malleable. Aliyev is nevertheless getting everything gion, press, speech and assembly that ‘‘Russian public opinion, when it looks at he might have hoped for from Bush. Aid is are recognized in our Constitution, we the United States policy in Azerbaijan, can- being boosted, the Pentagon is drawing up must also concentrate on spreading not ignore the fact that the United States plans for extensive military cooperation— has a desire not in favor of democracy but in these freedoms to those who do not and there is the White House visit, which the favor of profits and geopolitical domina- enjoy them. As these rights should be 44–year-old Azeri president has craved ever tion,’’ said Sergei Markov, director of the In- enjoyed by all people, not just Ameri- since he took over from his dad three years stitute for Political Studies here and a cans, freedom must extend beyond our ago. If Nazarbayev chooses, he will be next. Kremlin adviser. He has been offered not just a Washington borders to reach those who live in a Mr. Markov and others have noted that the tour but a reciprocal visit by Bush to world unknown to many of us, one that West has penalized Belarus for police crack- Kazakhstan. includes starvation and deprivation of downs after tainted elections last month. all freedoms. North Korea Freedom Why the retreat on the democracy prin- ‘‘This is one of the reasons that Russian Week gives us the opportunity to shed public opinion is very suspicious of United ciple? Azeri observers speculate that Bush States policies in the former Soviet political may want Aliyev’s help with Iran, which is light on the situation inside this op- sphere, and its propaganda about democ- its neighbor and contains a large Azeri eth- pressive regime. racy,’’ Mr. Markov said. nic minority. But administration officials Several years ago in order to help ‘‘Ilham Aliyev will be in the White House tell me a more pressing reason is a rapidly promote freedom throughout the not because he promotes democracy,’’ Mr. intensifying campaign by Russia to restore world, I began the Congressional Work- Markov said. ‘‘He will be in the White House its dominion over former Soviet republics ing Group on Religious Freedom. The because he controls oil.’’ such as Azerbaijan and Kazakhstan—and to purpose of this group is to focus atten- In Armenia, Mr. Aliyev’s invitation has drive the United States out of the region. tion on issues of domestic and inter- also generated interest. Though nominally Bush’s ally in the war national religious freedom. As a group, Armenia fought Azerbaijan over Nagorno- on terrorism, Russian President Vladimir we seek to uphold and help enforce the Karabakh, a wedge of territory within Azer- Putin has cynically exploited Bush’s effort baijan’s boundaries that each country meaning of article 18 of the Universal to promote democracy in Eurasia. His dip- Declaration of Human Rights, which claims. The conflict has been frozen for sev- lomats and media aggressively portray eral years, but Mr. Aliyev’s recent state- states: ‘‘Everyone has the right to free- Washington’s support for free media, civil so- dom of thought, conscience, and reli- ments have often been bellicose. ciety groups and elections as a cover for CIA- ‘‘The visit at this time should not be sponsored coups. Autocrats who stage crack- gion; this right includes freedom to viewed as appreciation of their democratic downs, such as Uzbekistan’s Islam Karimov, change his religion or belief, and free- or other policies,’’ Vartan Oskanian, Arme- are quickly embraced by Moscow, which dom, either alone or in community nia’s foreign minister, said via e-mail. counsels them to break off ties with the U.S. with others and in public or private, to military. State-controlled Russian energy manifest his religion or belief in teach- [From the Washington Post, Apr. 24, 2006] companies are meanwhile seeking to corner ing, practice, worship and observance.’’ RETREAT FROM THE FREEDOM AGENDA oil and gas supplies and gain control over As has been noted by human rights (By Jackson Diehl) pipelines, electricity grids and refineries groups and others, the human rights President Bush’s retreat from the ambi- throughout Eurasia. If they succeed, Russia situation in North Korea is severe. tious goals of his second term will proceed can throttle the region’s weak governments Hundreds of thousands of North Kore- one small but fateful step further this Fri- and ensure its long-term control over energy supplies to Central and Western Europe. ans have fled their country in hopes of day. That’s when, after more than two years survival and in search of a free life. of stalling, the president will deliver a warm In late February Putin arrived in Azer- However, even if they manage to es- White House welcome to Ilham Aliyev, the baijan at the head of a large delegation and cape, they still live in constant fear of autocratic and corrupt but friendly ruler of proceeded to buy everything Aliyev would one of the world’s emerging energy powers, sell, including a commitment to export more repatriation and imprisonment. Presi- Azerbaijan. oil through Russia. Earlier this month he dent Bush has called North Korea’s Here’s why this is a tipping point: At the welcomed Nazarbayev to Moscow, and scored autocratic leader, Kim Jong Il, a ‘‘ty- heart of Bush’s democracy doctrine was the an even bigger success. Not only did the rant’’ who runs ‘‘concentration principle that the United States would aban- Kazakh leader endorse Putin’s plan for a camps.’’ Despite the country being em- don its Cold War-era practice of propping up Moscow-dominated ‘‘common economic bedded in secrecy, unfortunate stories dictators—especially in the Muslim world— space,’’ but he also signed a deal that will of persecution, starvation, and public in exchange for easy access to their energy double Kazakhstan’s oil exports through executions for crossing the border man- resources and military cooperation. That Russia. Despite heavy U.S. lobbying, bargain, we now know, played a major role age to be released to the rest of the Nazarbayev has yet to firmly commit to world. Such actions under this regime in the emergence of al-Qaeda and other ex- sending oil through a rival Western pipeline, tremist anti-Western movements. which begins in Azerbaijan and ends in the are a terrible travesty. To his credit, the reelected Bush made a Turkish port of Ceyhan. While the North Korean constitution genuine stab at a different strategy last year provides for ‘‘freedom of religion,’’ in Azerbaijan and another Muslim country, Putin’s aggressive tactics forced the hand such freedom does not exist. The U.S. Kazakhstan. Both resemble Iran or Iraq half of the administration, which had been hold- ing back its White House invitations in the Commission on International Religious a century ago. They are rapidly modernizing, Freedom said in their 2005 annual re- politically unsettled, and about to become hope of leveraging more steps toward liberal- ization. ‘‘We don’t want to see Azerbaijan port: ‘‘By all accounts, there are vir- very, very rich from oil and gas. tually no personal freedoms in North With both Aliyev and Kazakhstan’s closed off by the Russians, because that will Nursultan Nazarbayev planning elections close off the energy alternative to Russia for Korea and no protection for universal last fall, Bush dispatched letters and senior Europe,’’ one official said. He added: ‘‘If human rights. In pursuit of absolute envoys with a message: Hold an honest vote Azerbaijan falls under Russian influence control of all facets of politics and so- and you can ‘‘elevate our countries’’ rela- there will be no democracy agenda there at ciety, the government under dictator tions to a new strategic level.’’ The implicit all.’’ Kim Jong Il has created an environ- converse was that, should they fail to de- In short, the race for energy and an in- ment of fear in which dissent of any liver, there would be no special partnership— creasingly bare-knuckled contest with Mos- kind is not tolerated. Freedom of no military deals, no aid, no presidential vis- cow for influence over its producers have thought, conscience, and religion or be- its to Washington. caused the downgrading of the democracy Both Aliyev and Nazarbayev made token strategy. It might be argued that the sac- lief remains essentially non-existent, efforts to please Bush. But both dismally rifice is necessary, given the large economic as the government severely represses failed to demonstrate that they were willing and security stakes. But, then, that was the public and private religious activities to liberalize their countries rather than logic that prevailed once before. According and has a policy of actively discrimi- using oil wealth to consolidate dictatorship. to Bush, history proved it wrong. nating against religious believers.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3699 There are a growing number of reports the Nazis’ systematic state-sponsored Ranger Program, the National Park from North Korea refugees that any persecution and murder of 6 million Service is fostering a new constituency unauthorized religious activity inside Jews. In 1945, the U.S. Third Army’s of park stewards. Today the Junior North Korea is met with arrest, impris- 6th Armored Division liberated the Bu- Ranger Program exists in more than onment, torture, and sometimes execu- chenwald concentration camp and the 286 parks, striving to help connect tion by North Korean officials.’’ U.S. Seventh Army’s 45th Infantry Di- youth to national parks and the Na- Furthermore, the U.S. Department of vision liberated Dachau in Germany. tional Park System and helping them State’s 2005 Country Report on Human We reflect in order to remember— gain an understanding of the important Rights Practices sums up North Ko- honoring the dead, pledging never to role of the environment in our lives. rea’s actions by listing documented or forget atrocities of the past, and fight- The Junior Ranger Program encour- alleged human rights abuses over the ing to stop them today. In 2004, then- ages whole families to get involved in years. Such instances include: U.S. Secretary of State Colin Powell learning about, exploring and pro- abridgement of the right to change the told the U.S. Senate Foreign Relations tecting our Nation’s most important government; extrajudicial killings, dis- Committee that genocide has been scenic, historical, and cultural places. appearances, and arbitrary detention, committed in the Sudanese region of Children have great enthusiasm for the including many political prisoners; Darfur. A consistent, widespread, and Junior Ranger Program because it harsh and life-threatening prison con- terrible pattern of atrocities and burn- helps connect them to something big ditions; torture; forced abortions and ing of villages continues as the situa- our country and our shared heritage as infanticide in prisons; lack of an inde- tion in Darfur remains grim. I believe Americans. Additionally, online pendent judiciary and fair trials; denial the U.S. must lead urgent inter- through WebRangers, kids can ‘‘vir- of freedom of speech, press, assembly, national efforts to stop the killing in tually’’ visit the parks at their own and association; government attempts Darfur. We must act immediately, pace in their spare time and when they to control all information; denial of working with the United Nations, are not in the parks. In fact, one of the freedom of religion, freedom of move- NATO, and the African Union to stop events that will take place this year ment, and worker rights; and severe the ongoing violence. We must remain during National Park Week is a vir- punishment of some repatriated refu- focused and never waver in our fight to tual, shared visit to Carlsbad Caverns gees. bring an end to the genocide. National Park, which could involve more than 28 million students. I also want to note President Bush’s f appointment last August of Ambas- Of course, our visits to parks are en- sador Jay Lefkowitz to the position of 2006 NATIONAL PARK WEEK hanced through the interaction we re- Special Envoy for Human Rights in Mr. THOMAS. Mr. President, I think ceive from the people who work in North Korea. The Special Envoy post each of us enjoy walking on a trail, them. During this week, we should also was established under the North Korea learning a little more about our Na- thank the thousands of National Park Human Rights Act, and with this ap- tion’s history, or perhaps paddling a Service personnel, concession and con- tract employees, volunteers of all ages, pointment, signaled the administra- canoe on a lake, river, or stream. Often and others who help to make our sys- tion’s intensified attention to human we take part in these activities in our tem of national parks the envy of and rights in North Korea. I am confident national parks. This week, April 22 to example for the rest of the world. that Ambassador Lefkowitz will con- April 30, is National Park Week, a time when we can recognize all of the 390 As the chair of the National Parks tinue to take steps toward ending Subcommittee, I will continue to see units of the National Park System. North Korea’s suppression of freedoms. that our system of parks retains its As we in the Senate continue to ad- There will be special events going on at high standards. I would encourage each parks throughout the system, and I en- dress the persecution and the fears of you to spend some time in a national courage everyone to seek them out and that North Koreans face, it is my hope park unit, this week and throughout take part in them. that we will do all we can in order to the year. improve the conditions in this com- As I have mentioned before, I have a munist state and to spread the free- special attachment to Yellowstone Na- f doms that we all enjoy. tional Park, the world’s first national SECURING AMERICA’S ENERGY f park, located in Wyoming, my home INDEPENDENCE ACT State. But Yellowstone, Grand Teton DARFUR Mr. SMITH. Mr. President, I rise National Park, the other National today to introduce the Securing Amer- Ms. CANTWELL. Mr. President, Elie Park System units in Wyoming, and ica’s Energy Independence Act of 2006. Wiesel once told us that ‘‘a destruc- those across the Nation, extending This bill is designed to extend the in- tion, an annihilation that only man from Puerto Rico and the Virgin Is- vestment tax credits for fuel cells and can provoke, only man can prevent.’’ lands to Guam and American Samoa, solar energy systems in the 2005 En- Our American heritage calls upon each all remind us of ourselves, where we ergy Policy Act through 2015. of us to stand up, to speak out, and to have been, and perhaps where we will Having reliable, clean energy is fun- act when we witness human rights go in the future. They have been called damental to economic prosperity, our abuses. As a global leader, the United by others the best idea we ever had. national security, and protecting the States has a special and solemn obliga- America’s national parks provide environment. The Energy Policy Act of tion. We must live up to this responsi- people of all ages with a wide range of 2005 encourages homeowners and busi- bility. opportunities to learn more about our nesses to invest in solar energy and This week marked both Armenian country’s natural environment and cul- fuel cell technologies through invest- Remembrance Day and Holocaust Re- tural heritage. The National Park ment tax credits. That law established membrance Day. In the final years of Service provides a variety of programs a tax credit of 30 percent for invest- the Ottoman Empire between 1915 and and activities for children, teachers, ments in fuel cells, capped at $1,000, 1923, the world witnessed the mass kill- and communities designed to foster an and a tax credit of 30 percent for in- ing of as many as 1.5 million Armenian interest in the natural environment vestments in solar systems, capped at men, women, and children. Five-hun- and history and to cultivate a future $2,000. dred thousand survivors were expelled generation of park stewards. However, these credits will expire from their homes. Our U.S. Ambas- The theme for National Park Week after 2 years, and therefore are too sador to the Ottoman Empire Henry 2006 is ‘‘Connecting Our Children to short lived to encourage significant Morgenthau organized and led protests America’s National Parks.’’ This market penetration or to stimulate ex- by foreign officials against one of the theme was chosen because of the vital pansion of manufacturing for solar en- most horrible tragedies of the 20th cen- role children play in the future con- ergy or fuel cell technologies. Installa- tury. servation and preservation of our na- tions of solar energy or fuel cell sys- Sadly and almost unimaginably, tional parks. tems require lead times of a year or more human devastation followed. Through the creation of innovative more, and manufacturing expansion re- Later years witnessed the Holocaust— education programs such as the Junior quires a development schedule of 3 to 4

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3700 CONGRESSIONAL RECORD — SENATE April 27, 2006 years, similar to conventional power- turning to entertainers like Joan Les- H.R. 5020. An act to authorize appropria- plants. Financing of new projects is lie for reassurance about the goodness tions for fiscal year 2007 for intelligence and also more complex than for conven- and strength of our country amid the intelligence-related activities of the United tional powerplants because the lending tremendous stresses and burdens of States Government, the Community Man- agement Account, and the Central Intel- industry is less familiar with these war. Tens of thousands of American ligence Agency Retirement and Disability technologies. servicemen clung to Joan Leslie’s pic- System, and for other purposes. Accordingly, I have proposed to ex- ture as a reminder of the values they The message also announced that the tend the tax credits for an additional 8 were fighting for and the loved ones House has agreed to the following con- years. My legislation also would alter they left behind. Ms. Leslie willingly current resolution, in which it requests the cap on residential solar credits to accepted the responsibility of her role, the concurrence of the Senate: be based on system power, as opposed taking it upon herself to visit the to cost, and would allow the credits to troops at defense plants and Army H. Con. Res. 365. An act urging the Govern- ment of China to reinstate all licenses of Gao be taken against the alternative min- bases. Joan Leslie and other enter- Zhisheng and his law firm, remove all legal imum tax. tainers like her played a pivotal role in and political obstacles for lawyers attempt- As the market for fuel cell and solar the overall war effort, serving as a ing to defend criminal cases in China, includ- technologies continues to grow over- source of comfort and inspiration for ing politically sensitive cases, and revise law seas, long-term incentives are an essen- American soldiers and the rest of the and practice in China so that it conforms to tial tool to spur domestic investment country. Ultimately, they served as a international standards. and job creation. Extending these in- reassurance that our Nation would pre- f centives for residential and business in- vail. ENROLLED BILL AND JOINT vestments in fuel cell and solar energy It is only right that veterans of our RESOLUTION SIGNED technologies will generate quality Nation should honor entertainers like American jobs in manufacturing, con- Joan Leslie, and I take particular pride The message further announced that struction, and installation across the in the fact that the veterans of Con- the Speaker has signed the following United States. necticut have taken a leadership role enrolled bill and joint resolution: Our legislation addresses energy in her tribute. Ms. Leslie not only S. 592. An act to amend the Irrigation independence and environmental con- filled the role of the girl next door on Project Contract Extension Act of 1998 to ex- cerns, as well as job creation, with the the movie screen, but carried it into tend certain contracts between the Bureau of power of American technology and in- her personal life, as well. Her life lives Reclamation and certain irrigation water genuity. I am pleased that Senators contractors in the States of Wyoming and up to her reputation, which is a rare Nebraska. MENENDEZ, LIEBERMAN, SNOWE, JEF- achievement for a public figure. Per- S.J. Res. 28. An act approving the location FORDS, KERRY, CANTWELL, SALAZAR, haps her greatest accomplishments of the commemorative work in the District and CLINTON have joined me as original have occurred outside the public eye, of Columbia honoring former President cosponsors of this legislation. In light as she has dedicated most of her life to Dwight D. Eisenhower. of increasing concerns about the secu- raising her identical twin daughters, The enrolled bill and joint resolution rity and affordability of energy sup- Patrice and Ellen, with her husband, were subsequently signed by the Presi- plies, I urge favorable consideration of Dr. William Caldwell. dent pro tempore (Mr. STEVENS). this bill. Joan Leslie served as a pillar of f f strength when America needed her most. She deserves the thanks of a MEASURES REFERRED ADDITIONAL STATEMENTS grateful Nation for a life of service. I The following bill was read the first commend her for her continued dedica- and the second times by unanimous TRIBUTE TO JOAN LESLIE tion to American servicemen, and con- consent, and referred as indicated: gratulate her, her husband, her chil- ∑ Mr. DODD. Mr. President, I rise H.R. 282. An act to hold the current regime dren, and her other family members on in Iran accountable for its threatening be- today to honor Joan Leslie, a talented this wonderful occasion.∑ actress who served as a source of com- havior and to support a transition to democ- f racy in Iran; to the Committee on Foreign fort and inspiration to millions of Relations. Americans during World War II. On MESSAGES FROM THE PRESIDENT The following concurrent resolution May 14, the U.S. Department of Vet- Messages from the President of the was read, and referred as indicated: erans Affairs in Connecticut will pay United States were communicated to H. Con. Res. 365. Concurrent resolution tribute to Ms. Leslie for her tireless de- the Senate by Ms. Evans, one of his urging the Government of China to reinstate votion to our Nation’s servicemen with secretaries. all licenses of Gao Zhisheng and his law firm, a gala in her honor. remove all legal and political obstacles for f Born Joan Agnes Theresa Sadie lawyers attempting to defend criminal cases Bordel on January 26, 1925, in Detroit, EXECUTIVE MESSAGES REFERRED in China, including politically sensitive MI, Ms. Leslie made her professional cases, and revise law and practice in China As in executive session the Presiding so that it conforms to international stand- debut at age nine. As a child she Officer laid before the Senate messages worked as a model and performed a ards; to the Committee on Foreign Rela- from the President of the United tions. song and dance routine with her two States submitting sundry nominations f sisters before she got her big break in which were referred to the appropriate 1940 when she signed with Warner committees. MEASURES READ THE FIRST TIME Brothers. (The nominations received today are The following bill was read the first Joan Leslie shared the screen with printed at the end of the Senate pro- time: many of the leading actors of her time, ceedings.) starring with Humphrey Bogart in H.R. 5020. An act to authorize appropria- f tions for fiscal year 2007 for intelligence and ‘‘High Sierra,’’ Gary Cooper in ‘‘Ser- intelligence-related activities of the United geant York,’’ and James Cagney in MESSAGE FROM THE HOUSE States Government, the Community Man- ‘‘Yankee Doodle Dandy.’’ In 1943, she At 12:08 p.m., a message from the agement Account, and the Central Intel- became Fred Astaire’s youngest dance House of Representatives, delivered by ligence Agency Retirement and Disability partner, celebrating her 18th birthday Ms. Niland, one of its reading clerks, System, and for other purposes. on the set of ‘‘The Sky’s the Limit.’’ announced that the House has passed f Through these roles, Joan Leslie be- the following bills, in which it requests came known as America’s quintessen- ENROLLED BILL AND JOINT the concurrence of the Senate: RESOLUTION PRESENTED tial ‘‘girl next door.’’ H.R. 282. An act to hold the current regime As Ms. Leslie’s popularity escalated, in Iran accountable for its threatening be- The Secretary of the Senate reported so did America’s involvement in World havior and to support a transition to democ- that on April 27, 2006, she had presented War II. Americans found themselves racy in Iran. to the President of the United States

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3701 the following enrolled bill and joint AD39) received on April 24, 2006; to the Com- entitled ‘‘Airworthiness Directives; Cessna resolution: mittee on Commerce, Science, and Transpor- Model 650 Airplanes’’ ((RIN2120–AA64) (Dock- tation. et No. 2002–NM–332)) received on April 24, S. 592. An act to amend the Irrigation EC–6488. A communication from the Pro- 2006; to the Committee on Commerce, Project Contract Extension Act of 1998 to ex- gram Analyst, Federal Aviation Administra- Science, and Transportation. tend certain contracts between the Bureau of tion, Department of Transportation, trans- EC–6497. A communication from the Pro- Reclamation and certain irrigation water mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- contractors in the States of Wyoming and entitled ‘‘Reservation System for Unsched- tion, Department of Transportation, trans- Nebraska. uled Operations at Chicago’s O’Hare Inter- mitting, pursuant to law, the report of a rule S.J. Res. 28. An act approving the location national Airport’’ ((RIN2120–AI47)(Docket entitled ‘‘Airworthiness Directives; of the commemorative work in the District No. FAA 2005–19411)) received on April 24, Raytheon Aircraft Company Model 290 Air- of Columbia honoring former President 2006; to the Committee on Commerce, planes’’ ((RIN2120–AA64) (Docket No. 2005– Dwight D. Eisenhower. Science, and Transportation. CE–51)) received on April 24, 2006; to the f EC–6489. A communication from the Pro- Committee on Commerce, Science, and EXECUTIVE AND OTHER gram Analyst, Federal Aviation Administra- Transportation. tion, Department of Transportation, trans- EC–6498. A communication from the Pro- COMMUNICATIONS mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- The following communications were entitled ‘‘Revision of Class E Airspace; Holy tion, Department of Transportation, trans- laid before the Senate, together with Cross, AK’’ ((RIN2120–AA66) (Docket No. 05– mitting, pursuant to law, the report of a rule accompanying papers, reports, and doc- AAL–34)) received on April 24, 2006; to the entitled ‘‘Airworthiness Directives; AvCraft uments, and were referred as indicated: Committee on Commerce, Science, and Dornier Model 328–100 Airplanes’’ ((RIN2120– Transportation. AA64) (Docket No. 2002–NM–117)) received on EC–6481. A communication from the Acting EC–6490. A communication from the Pro- April 24, 2006; to the Committee on Com- Director, Office of Sustainable Fisheries, Na- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. tional Marine Fisheries Service, National tion, Department of Transportation, trans- EC–6499. A communication from the Pro- Oceanic and Atmospheric Administration, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- transmitting, pursuant to law, the report of entitled ‘‘Modification of Class E5 Airspace; tion, Department of Transportation, trans- a rule entitled ‘‘Closure of Tilefish Permit Hill City, KS’’ ((RIN2120–AA66) (Docket No. mitting, pursuant to law, the report of a rule Category C to Directed Tilefish Fishing— 05–ACE–31)) received on April 24, 2006; to the entitled ‘‘Airworthiness Directives; Temporary Rule’’ (I.D. No. 032206A) received Committee on Commerce, Science, and Turbomeca Artouste III B, Artouste III B1, on April 12, 2006; to the Committee on Com- Transportation. and Artouste III D Turboshaft Engines’’ merce, Science, and Transportation. EC–6491. A communication from the Pro- ((RIN2120–AA64) (Docket No. 2005–NE–54)) re- EC–6482. A communication from the Acting gram Analyst, Federal Aviation Administra- ceived on April 24, 2006; to the Committee on Director, Office of Sustainable Fisheries, Na- tion, Department of Transportation, trans- Commerce, Science, and Transportation. tional Marine Fisheries Service, National mitting, pursuant to law, the report of a rule EC–6500. A communication from the Pro- Oceanic and Atmospheric Administration, entitled ‘‘Airworthiness Directives; Honey- gram Analyst, Federal Aviation Administra- transmitting, pursuant to law, the report of well International Inc., T5309, T5311, T5313B, tion, Department of Transportation, trans- a rule entitled ‘‘Temporary Rule; Yellowtail T35317A–1, and T5317B Series, and T53–L–9, mitting, pursuant to law, the report of a rule Flounder Landing Limit’’ ((RIN0648– T53–L–11, T53–L–13B, T53–L–13B S/SA, T53 L entitled ‘‘Airworthiness Directives; Airbus AN17)(I.D. No. 121405A)) received on April 12, 13B, T53 L 13B/D, and T53 I 703 Series Model A300 B4–600, B4–600R, and F4–600R Se- 2006; to the Committee on Commerce, Turborshaft Engines’’ ((RIN2120–AA64) ries Airplanes, and Model C4–605R Variant F Science, and Transportation. (Docket No. 2004–NE–01)) received on April Airplanes and Model A310–300 Series Air- EC–6483. A communication from the Acting 24, 2006; to the Committee on Commerce, planes’’ ((RIN2120–AA64) (Docket No. 2005– Deputy Assistant Administrator for Regu- Science, and Transportation. NM–095)) received on April 24, 2006; to the latory Programs, Office of Sustainable Fish- EC–6492. A communication from the Pro- Committee on Commerce, Science, and eries, National Marine Fisheries Service, Na- gram Analyst, Federal Aviation Administra- Transportation. tional Oceanic and Atmospheric Administra- tion, Department of Transportation, trans- EC–6501. A communication from the Pro- tion, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- port of a rule entitled ‘‘Pacific Halibut Shar- entitled ‘‘Airworthiness Directives; The tion, Department of Transportation, trans- ing Plan’’ (I.D. No. 010906A) received on April Cessna Aircraft Company Models 208 and mitting, pursuant to law, the report of a rule 12, 2006; to the Committee on Commerce, 208B Airplanes’’ ((RIN2120–AA64) (Docket No. entitled ‘‘Airworthiness Directives; Airbus Science, and Transportation. 2005–CE–28)) received on April 24, 2006; to the Model A318–100 Series Airplanes, Model A319– EC–6484. A communication from the Acting Committee on Commerce, Science, and 100 Series Airplanes, Model A320–111 Air- Deputy Assistant Administrator for Regu- Transportation. planes, Model A320–200 Series Airplanes, and latory Programs, Office of Sustainable Fish- EC–6493. A communication from the Pro- Model A321–100 Series Airplanes’’ ((RIN2120– eries, National Marine Fisheries Service, Na- gram Analyst, Federal Aviation Administra- AA64) (Docket No. 2005–NM–177)) received on tional Oceanic and Atmospheric Administra- tion, Department of Transportation, trans- April 24, 2006; to the Committee on Com- tion, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule merce, Science, and Transportation. port of a rule entitled ‘‘Fisheries Off West entitled ‘‘Airworthiness Directives; Pacific EC–6502. A communication from the Pro- Coast States and in the Western Pacific; Ha- Aerospace Corporation, Ltd. Model 750XL gram Analyst, Federal Aviation Administra- waii-based Shallow-set Longline Fishery’’ Airplanes’’ ((RIN2120–AA64) (Docket No. tion, Department of Transportation, trans- ((RIN0648–AU41)(I.D. No. 031606D)) received 2005–CE–54)) received on April 24, 2006; to the mitting, pursuant to law, the report of a rule on April 12, 2006; to the Committee on Com- Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Airbus merce, Science, and Transportation. Transportation. Model A300 B2 Series; Model A300 B4 Series EC–6485. A communication from the Pro- EC–6494. A communication from the Pro- Airplanes; Model A300–B4–600 Series Air- gram Analyst, National Highway Traffic gram Analyst, Federal Aviation Administra- planes; Model A300 B4–600R Series Airplanes; Safety Administration, Department of tion, Department of Transportation, trans- Model A300 F4–600R Series Airplanes; Model Transportation, transmitting, pursuant to mitting, pursuant to law, the report of a rule A300 C4–605R Variant F Airplanes; Model law, the report of a rule entitled ‘‘Light entitled ‘‘Airworthiness Directives; Dassault A310–200 Series Airplanes; and Model A310– Truck Average Fuel Economy Standards, Model Falcon 2000 and Falcon 2000EX Air- 300 Series Airplanes’’ ((RIN2120–AA64) (Dock- Model Year 2008 and Possibly Beyond’’ planes’’ ((RIN2120–AA64) (Docket No. 2006– et No. 2005–NM–074)) received on April 24, (RIN2127–AJ61) received on April 24, 2005; to NM–008)) received on April 24, 2006; to the 2006; to the Committee on Commerce, the Committee on Commerce, Science, and Committee on Commerce, Science, and Science, and Transportation. Transportation. Transportation. EC–6503. A communication from the Pro- EC–6486. A communication from the Acting EC–6495. A communication from the Pro- gram Analyst, Federal Aviation Administra- Chief Counsel, Saint Lawrence Seaway De- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- velopment Corporation, Department of tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Transportation, transmitting, pursuant to mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus law, the report of a rule entitled ‘‘Tariff of entitled ‘‘Airworthiness Directives CORREC- Model A330–200 and –300 Series Airplanes, Tolls’’ (RIN2135–AA23) received on April 24, TION; The Cessna Aircraft Company Models Model A340–200 and –300 Series Airplanes, and 2006; to the Committee on Commerce, 208 and 208B Airplanes’’ ((RIN2120–AA64) Model 340–541 and –642 Airplanes’’ ((RIN2120– Science, and Transportation. (Docket No. 2005–CE–28)) received on April 24, AA64) (Docket No. 2003–NM–211)) received on EC–6487. A communication from the Chief, 2006; to the Committee on Commerce, April 24, 2006; to the Committee on Com- Europe Division, Office of International Science, and Transportation. merce, Science, and Transportation. Aviation, Department of Transportation, EC–6496. A communication from the Pro- EC–6504. A communication from the Pro- transmitting, pursuant to law, the report of gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Navigation of Foreign Civil tion, Department of Transportation, trans- tion, Department of Transportation, trans- Aircraft within the United States’’ (RIN2105– mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3702 CONGRESSIONAL RECORD — SENATE April 27, 2006 entitled ‘‘Airworthiness Directives; Airbus Committee on Commerce, Science , and of Policy, Economics, and Innovation, Envi- Model A300 B4–600, B4–600R, and F4–600R Se- Transportation. ronmental Protection Agency, transmitting, ries Airplanes, and Model C4–605 Variant F EC–6513. A communication from the Pro- pursuant to law, the report of a rule entitled Airplanes; and Airbus Model A310 Series Air- gram Analyst, Federal Aviation Administra- ‘‘Pantoea Agglomerans Strain C9–1; Exemp- planes’’ ((RIN2120–AA64) (Docket No. 2004– tion, Department of Transportation, trans- tion from the Requirement of a Tolerance’’ NM–74)) received on April 24, 2006; to the mitting, pursuant to law, the report of a rule (FRL No. 7772–6) received on April 25, 2006; to Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Bom- the Committee on Agriculture, Nutrition, Transportation. bardier Model CL–600–2C10, CL–600–2D15, and and Forestry. EC–6505. A communication from the Pro- CL 600 2D24 Airplanes’’ ((RIN2120–AA64) gram Analyst, Federal Aviation Administra- (Docket No . 2005–NM–198)) received on April f tion, Department of Transportation, trans- 24, 2006; to the Committee on Commerce, NOTIFICATION OF AN EXECUTIVE mitting, pursuant to law, the report of a rule Science, and Transportation. EC–6514. A communication from the Pro- ORDER BLOCKING PROPERTY OF entitled ‘‘Airworthiness Directives; BAE PERSONS IN CONNECTION WITH Systems Limited Model BAe 146–100A and gram Analyst, Federal Aviation Administra- –200A Series Airplanes’’ ((RIN2120–AA64) tion, Department of Transportation, trans- THE CONFLICT IN SUDAN’S (Docket No. 2005–NM–083)) received on April mitting, pursuant to law, the report of a rule DARFUR REGION—PM 46 24, 2006; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; Bom- The PRESIDING OFFICER laid be- bardier Model CL–600–2C10, CL–600–2D15, and Science, and Transportation. fore the Senate the following message EC–6506. A communication from the Pro- CL–600–2D24’’ ((RIN2120–AA64) (Docket No. gram Analyst, Federal Aviation Administra- 2005–NM–158)) received on April 24, 2006; to from the President of the United tion, Department of Transportation, trans- the Committee on Commerce, Science, and States, together with an accompanying mitting, pursuant to law, the report of a rule Transportation. report; which was referred to the Com- entitled ‘‘Airworthiness Directives; Airbus EC–6515. A communication from the Pro- mittee on Banking, Housing, and Model A300 B2 and B4 Series Airplanes’’ gram Analyst, Federal Aviation Administra- Urban Affairs: ((RIN2120–AA64) (Docket No. 2005–NM–016)) tion, Department of Transportation, trans- received on April 24, 2006; to the Committee mitting, pursuant to law, the report of a rule To the Congress of the United States: on Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Meggitt Pursuant to the International Emer- EC–6507. A communication from the Pro- Model 602 Smoke Detectors Approved Under gency Economic Powers Act (IEEPA), I gram Analyst, Federal Aviation Administra- Technical Standard Order (TSO) TSO–CIC hereby report that I have issued an Ex- tion, Department of Transportation, trans- and Installed on Various Transport Category ecutive Order (the ‘‘order’’) blocking mitting, pursuant to law, the report of a rule Airplanes, Including But Not Limited to Aerospatiale Model ATR42 and ATR72 Air- the property of persons in connection entitled ‘‘Airworthiness Directives; BAE with the conflict in Sudan’s Darfur re- Systems Limited Model Avro 146–RJ Air- planes; Boeing Model 727 and 737 Airplanes; planes’’ ((RIN2120–AA64) (Docket No. 2005– McDonnell Douglas Model DC–10–10, DC–10– gion. In that order, I have expanded the NM–084)) received on April 24, 2006; to the 10F, DC–10–15, DC–10–30 and DC–10–30F, DC– scope of the national emergency de- Committee on Commerce, Science, and 10–40, DC–10–40F, MD–10–10F, MD–10–30F, clared in Executive Order 13067 of No- Transportation. MD–11, and MD–11F Airplanes’’ ((RIN2120– vember 3, 1997, with respect to the poli- EC–6508. A communication from the Pro- AA64) (Docket No. 2004–NM–259)) received on cies and actions of the Government of April 24, 2006; to the Committee on Com- gram Analyst, Federal Aviation Administra- Sudan, to address the unusual and ex- tion, Department of Transportation, trans- merce, Science, and Transportation. EC–6516. A communication from the Pro- traordinary threat to the national se- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- curity and foreign policy of the United entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- Model 747-100, 747-100B, 747-200B, 747-200C, 747- States posed by the actions and cir- mitting, pursuant to law, the report of a rule 200F, 747-400F, 747SR, and 747SP Series Air- cumstances involving Darfur, as de- entitled ‘‘Airworthiness Directives; Cessna planes’’ ((RIN2120–AA64) (Docket No. 2005– scribed below. Model 500, 550, S550, 560, 560XL, and 750 Air- NM–101)) received on April 24, 2006; to the planes’’ ((RIN2120–AA64) (Docket No. 2005– The United Nations Security Council, Committee on Commerce, Science, and NM–107)) received on April 24, 2006; to the in Resolution 1591 of March 29, 2005, Transportation. Committee on Commerce, Science, and condemned the continued violations of EC–6509. A communication from the Pro- Transportation. the N’djamena Ceasefire Agreement of gram Analyst, Federal Aviation Administra- EC–6517. A communication from the Pro- April 8, 2004, and the Abuja Humani- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tarian and Security Protocols of No- tion, Department of Transportation, trans- vember 9, 2004, by all sides in Darfur, as entitled ‘‘Airworthiness Directives; Frakes mitting, pursuant to law, the report of a rule Aviation Model G–73 Series Airplanes and entitled ‘‘Airworthiness Directives; BAE well as the deterioration of the secu- Model G–73 Airplanes That Have Been Con- Systems Limited Model BAe 146 and Avro rity situation and the negative impact verted to Have Turbine Engines’’ ((RIN2120– 146-RJ Airplanes’’ ((RIN2120–AA64) (Docket this has had on humanitarian assist- AA64) (Docket No. 2005–NM–256)) received on No. 2002–NM–172)) received on April 24, 2006; ance efforts. I also note that the April 24, 2006; to the Committee on Com- to the Committee on Commerce, Science, United Nations Security Council has merce, Science , and Transportation. and Transportation. EC–6510. A communication from the Pro- strongly condemned the continued vio- EC–6518. A communication from the Pro- lations of human rights and inter- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- tion, Department of Transportation, trans- national humanitarian law in Sudan’s mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Darfur region and, in particular, the entitled ‘‘Airworthiness Directives; Gulf- entitled ‘‘Airworthiness Directives; Airbus continuation of violence against civil- stream Aerospace LP Model Gulfstream 100 Model A321-100 Series Airplanes’’ ((RIN2120– ians and sexual violence against Airplanes; and Model Astra SPX, and 1125 AA64) (Docket No. 2005–NM–060)) received on women and girls. Westwind Astra Airplanes’’ ((RIN2120–AA64) April 24, 2006; to the Committee on Com- United Nations Security Council Res- (Docket No. 2005–NM–120)) received on April merce, Science, and Transportation. 24, 2006; to the Committee on Commerce, EC–6519. A communication from the Chair- olution (UNSCR) 1591 determined that Science , and Transportation. man, National Indian Gaming Commission, the situation in Darfur constitutes a EC–6511. A communication from the Pro- transmitting, pursuant to law, the report of threat to international peace and secu- gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Freedom of Information Act rity in the region and called on Mem- tion, Department of Transportation, trans- Procedures’’ (RIN3141–AA21) received on ber States to take certain measures mitting, pursuant to law, the report of a rule April 25, 2006; to the Committee on Indian against persons responsible for the con- entitled ‘‘Airworthiness Directives; Rolls– Affairs. tinuing conflict. The United Nations Royce plc RB211 Trent 500, 700 and 800 Series EC–6520. A communication from the Prin- Turbofan Engines’’ ((RIN2120–AA64) (Docket cipal Deputy Associate Administrator, Office Security Council has encouraged all No. 2005–NE–49)) received on April 24, 2006; to of Policy, Economics, and Innovation, Envi- parties to negotiate in good faith at the Committee on Commerce, Science, and ronmental Protection Agency, transmitting, the Abuja talks and to take immediate Transportation. pursuant to law, the report of a rule entitled steps to support a peaceful settlement EC–6512. A communication from the Pro- ‘‘Benzaldehyde, Captafol, Hexaconazole, to the conflict in Darfur, but has con- gram Analyst, Federal Aviation Administra- Paraformaldehyde, Sodium dimethyldithio- tinued to express serious concern at tion, Department of Transportation, trans- carbamate, and Tetradifon; Tolerance Ac- the persistence of the crisis in Darfur mitting, pursuant to law, the report of a rule tions’’ (FRL No. 8065–1) received on April 25, in UNSCR 1651 of December 21, 2005. entitled ‘‘Airworthiness Directives; Gulf- 2006; to the Committee on Agriculture, Nu- stream Model GIV–X and GV–SP Series Air- trition, and Forestry. Pursuant to IEEPA, the National planes’’ ((RIN2120–AA64) (Docket No. 2006– EC–6521. A communication from the Prin- Emergencies Act, and the United Na- NM–024)) received on April 24, 2006; to the cipal Deputy Associate Administrator, Office tions Participation Act (UNPA), I have

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3703 determined that these actions and cir- be necessary to carry out the purposes Timothy Anthony Junker, of Iowa, to be cumstances constitute an unusual and of the order. All Federal agencies are United States Marshal for the Northern Dis- extraordinary threat to the national directed to take all appropriate meas- trict of Iowa for the term of four years. security and foreign policy of the ures within their authority to carry Patrick Carroll Smith, Sr., of Maryland, to be United States Marshal for the Western United States, and have issued an Ex- out the provisions of the order. District of North Carolina for the term of ecutive Order expanding the scope of The order, a copy of which is en- four years. the national emergency declared in Ex- closed, was effective at 12:01 a.m. east- By Mr. CRAIG for the Committee on Vet- ecutive Order 13067 to deal with this ern daylight time on April 27, 2006. erans’ Affairs. threat. GEORGE W. BUSH. *Daniel L. Cooper, of Pennsylvania, to be The order blocks the property and in- THE WHITE HOUSE, April 27, 2006. Under Secretary for Benefits of the Depart- terests in property in the United ment of Veterans Affairs for a term of four States, or in the possession or control f years. *Nomination was reported with rec- of United States persons, of the persons REPORTS OF COMMITTEES listed in the Annex to the order, as ommendation that it be confirmed sub- The following reports of committees well as of any person determined by ject to the nominee’s commitment to were submitted: the Secretary of the Treasury, after respond to requests to appear and tes- consultation with the Secretary of By Mr. COCHRAN, from the Committee on tify before any duly constituted com- State, Appropriations: mittee of the Senate. Special Report entitled ‘‘Further Revised —to have constituted a threat to the (Nominations without an asterisk Allocations to Subcommittees of Budget To- were reported with the recommenda- peace process in Darfur; tals from the Concurrent Resolution for Fis- —to have constituted a threat to sta- cal Year 2006’’ (Rept. No. 109–251). tion that they be confirmed.) bility in Darfur and the region; By Mr. ENZI, from the Committee on f —to be responsible for conduct re- Health, Education, Labor, and Pensions, INTRODUCTION OF BILLS AND lated to the conflict in Darfur that vio- with an amendment in the nature of a sub- JOINT RESOLUTIONS lates international law; stitute: —to be responsible for heinous con- S. 1955. A bill to amend title I of the Em- The following bills and joint resolu- duct with respect to human life or limb ployee Retirement Security Act of 1974 and tions were introduced, read the first the Public Health Service Act to expand related to the conflict in Darfur; and second times by unanimous con- health care access and reduce costs through sent, and referred as indicated: —to have directly or indirectly sup- the creation of small business health plans plied, sold, or transferred arms or any and through modernization of the health in- By Mr. DODD (for himself and Mr. related materiel, or any assistance, ad- surance marketplace. DEWINE): vice, or training related to military ac- By Mr. SPECTER, from the Committee on S. 2663. A bill to amend the Public Health tivities to the Government of Sudan, the Judiciary, without amendment: Service Act to establish grant programs to provide for education and outreach on new- the Sudan Liberation Movement/Army, S. 2292. A bill to provide relief for the Fed- eral judiciary from excessive rent charges. born screening and coordinated follow up the Justice and Equality Movement, care once newborn screening has been con- the Janjaweed, or any person operating S. 2557. A bill to improve competition in the oil and gas industry, to strengthen anti- ducted, to reauthorize programs under part in the states of North Darfur, South trust enforcement with regard to industry A of title XI of such Act, and for other pur- Darfur, and West Darfur, that is a bel- mergers, and for other purposes. poses; to the Committee on Health, Edu- ligerent, a nongovernmental entity, or cation, Labor, and Pensions. an individual; or f By Mr. BAUCUS (for himself, Mrs. LIN- —to be responsible for offensive mili- COLN, and Mr. CONRAD): EXECUTIVE REPORTS OF S. 2664. A bill to amend title XVIII of the tary overflights in and over the Darfur COMMITTEES Social Security Act to improve access to region. The following executive reports of pharmacies under part D; to the Committee The designation criteria will be ap- nominations were submitted on April on Finance. plied in accordance with applicable do- 26, 2006: By Mr. BAUCUS (for himself, Mr. mestic law, including where appro- WYDEN, Mrs. LINCOLN, Mr. CONRAD, priate, the First Amendment of the By Mr. INHOFE for the Committee on En- and Mr. JEFFORDS): vironment and Public Works. United States Constitution. S. 2665. A bill to amend title XVIII of the *James B. Gulliford, of Missouri, to be As- Social Security Act to simplify and improve The order also authorizes the Sec- sistant Administrator for Toxic Substances retary of the Treasury, after consulta- the Medicare prescription drug program; to of the Environmental Protection Agency. the Committee on Finance. tion with the Secretary of State, to *William Ludwig Wehrum, Jr., of Ten- By Mr. BURNS: designate for blocking any person de- nessee, to be an Assistant Administrator of S. 2666. A bill to temporarily suspend the termined to have materially assisted, the Environmental Protection Agency. revised tax treatment of kerosene for use in sponsored, or provided financial, mate- *Richard Capka, of Pennsylvania, to be Ad- aviation under the Safe, Accountable, Flexi- rial, or technological support for, or ministrator of the Federal Highway Admin- ble, Efficient Transportation Equity Act: A goods or services in support of, the ac- istration. Legacy for Users; to the Committee on Fi- tivities listed above or any person list- *Nomination was reported with rec- nance. ed in or designated pursuant to the ommendation that it be confirmed sub- By Mrs. BOXER: S. 2667. A bill to revitalize the Los Angeles order. I further authorized the Sec- ject to the nominee’s commitment to respond to requests to appear and tes- River, and for other purposes; to the Com- retary of the Treasury, after consulta- mittee on Environment and Public Works. tion with the Secretary of State, to tify before any duly constituted com- By Mr. VITTER: designate for blocking any person de- mittee of the Senate. S. 2668. A bill to direct the Secretary of termined to be owned or controlled by, f Health and Human Services to require the or acting or purporting to act for or on incorporation of counterfeit-resistant tech- behalf of, directly or indirectly, any EXECUTIVE REPORTS OF nologies into the packaging of prescription person listed in or designated pursuant COMMITTEES drugs, and for other purposes; to the Com- mittee on Health, Education, Labor, and to the order. The Secretary of the The following executive reports of Pensions. Treasury, after consultation with the nominations were submitted: By Mr. REID (for Mr. KERRY (for him- Secretary of State, is also authorized By Mr. SPECTER for the Committee on self and Mr. KENNEDY)): to remove any persons from the Annex the Judiciary. S. 2669. A bill to amend the Omnibus Parks to the order as circumstances warrant. Michael Ryan Barrett, of Ohio, to be and Public Lands Management Act of 1996 to I delegated to the Secretary of the United States District Judge for the South- authorize the Secretary of the Interior to Treasury, after consultation with the ern District of Ohio. enter into cooperative agreements with any Secretary of State, the authority to Brian M. Cogan, of New York, to be United of the management partners of the Boston States District Judge for the Eastern Dis- Harbor Islands National Recreation Area, take such actions, including the pro- trict of New York. and for other purposes; to the Committee on mulgation of rules and regulations, and Thomas M. Golden, of Pennsylvania, to be Energy and Natural Resources. to employ all powers granted to the United States District Judge for the Eastern By Mr. REID (for Mr. KERRY (for him- President by IEEPA and UNPA, as may District of Pennsylvania. self, Mr. KOHL, and Mr. LIEBERMAN)):

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3704 CONGRESSIONAL RECORD — SENATE April 27, 2006 S. 2670. A bill to restore fairness in the pro- mobilized, and for other purposes; to the ADDITIONAL COSPONSORS vision of incentives for oil and gas produc- Committee on Armed Services. tion, and for other purposes; to the Com- By Mr. NELSON of Florida: S. 333 mittee on Finance. S. 2682. A bill to exclude from admission to At the request of Mr. SANTORUM, the By Mrs. BOXER (for herself and Mrs. the United States aliens who have made in- name of the Senator from Georgia (Mr. FEINSTEIN): vestments directly and significantly contrib- CHAMBLISS) was added as a cosponsor of S. 2671. A bill to provide Federal coordina- uting to the enhancement of the ability of S. 333, a bill to hold the current regime tion and assistance in preventing gang vio- Cuba to develop its petroleum resources, and in Iran accountable for its threatening lence; to the Committee on the Judiciary. for other purposes; to the Committee on the behavior and to support a transition to By Mr. REID (for Mr. KERRY): Judiciary. democracy in Iran. S. 2672. A bill to amend the Internal Rev- By Mr. BYRD: S. 350 enue Code of 1986 to provide that oil and gas S.J. Res. 35. A joint resolution proposing companies will not be eligible for the effec- an amendment to the Constitution of the At the request of Mr. LUGAR, the tive rate reductions enacted in 2004 for do- United States to clarify that the Constitu- name of the Senator from South Da- mestic manufacturers; to the Committee on tion neither prohibits voluntary prayer nor kota (Mr. JOHNSON) was added as a co- Finance. requires prayer in schools; to the Committee sponsor of S. 350, a bill to amend the By Mr. THUNE (for himself and Mr. on the Judiciary. Foreign Assistance Act of 1961 to pro- GRAHAM): S. 2673. A bill to temporarily reduce the vide assistance for orphans and other Federal fuel tax through the suspension of f vulnerable children in developing coun- royalty relief for oil production and certain tries, and for other purposes. energy production tax incentives; to the SUBMISSION OF CONCURRENT AND S. 382 Committee on Finance. SENATE RESOLUTIONS At the request of Mr. ENSIGN, the By Mr. AKAKA (for himself, Mr. name of the Senator from Illinois (Mr. INOUYE, Mr. BAUCUS, and Mr. JOHN- The following concurrent resolutions OBAMA) was added as a cosponsor of S. SON): and Senate resolutions were read, and 382, a bill to amend title 18, United S. 2674. A bill to amend the Native Amer- referred (or acted upon), as indicated: ican Languages Act to provide for the sup- States Code, to strengthen prohibitions port of Native American language survival By Mr. NELSON of Nebraska (for him- against animal fighting, and for other self, Mr. CHAMBLISS, and Mr. CRAIG): schools, and for other purposes; to the Com- purposes. mittee on Indian Affairs. S. Res. 448. A resolution supporting the S. 424 By Mrs. BOXER: goals and ideals of ‘‘National Life Insurance S. 2675. A bill to amend title 49, United Awareness Month’’; to the Committee on the At the request of Mr. BOND, the name States Code, to set minimum fuel economy Judiciary. of the Senator from Idaho (Mr. CRAIG) requirements for federal vehicles, to author- By Mr. BROWNBACK (for himself and was added as a cosponsor of S. 424, a ize grants to States to purchase fuel efficient Mr. ROBERTS): bill to amend the Public Health Serv- vehicles, and for other purposes; to the Com- S. Res. 449. A resolution commending the ice Act to provide for arthritis research mittee on Commerce, Science, and Transpor- extraordinary contributions of Max and public health, and for other pur- Falkenstien to The University of Kansas and tation. poses. By Mr. CRAPO (for himself and Mrs. the State of Kansas; to the Committee on LINCOLN): the Judiciary. S. 440 S. 2676. A bill to authorize the Secretary of By Mr. DEWINE (for himself, Mrs. At the request of Mr. BUNNING, the Agriculture to enter into partnership agree- DOLE, Ms. LANDRIEU, Mr. ALLEN, and name of the Senator from Illinois (Mr. ments with entities and local communities Mr. DURBIN): DURBIN) was added as a cosponsor of S. to encourage greater cooperation in the ad- S. Res. 450. A resolution designating June 440, a bill to amend title XIX of the So- ministration of Forest Service activities on 2006 as National Safety Month; to the Com- cial Security Act to include podiatrists the near National Forest System land, and mittee on the Judiciary. as physicians for purposes of covering for other purposes; to the Committee on Ag- By Mr. LUGAR (for himself, Mr. BIDEN, riculture, Nutrition, and Forestry. Mr. LEAHY, Mr. HAGEL, Mr. CHAFEE, physicians services under the medicaid By Mr. SMITH (for himself, Mr. Mr. KERRY, Mrs. FEINSTEIN, Mr. program. MENENDEZ, Mr. LIEBERMAN, Ms. COLEMAN, and Mr. SUNUNU): S. 503 SNOWE, Mr. JEFFORDS, Mr. KERRY, S. Res. 451. A resolution expressing the At the request of Mr. BOND, the name Ms. CANTWELL, Mr. SALAZAR, and support of the Senate for the reconvening of of the Senator from Arkansas (Mrs. Mrs. CLINTON): the Parliament of Nepal and for an imme- S. 2677. A bill to amend the Internal Rev- LINCOLN) was added as a cosponsor of S. diate, peaceful transition to democracy; con- 503, a bill to expand Parents as Teach- enue Code of 1986 to extend the investment sidered and agreed to. tax credit with respect to solar energy prop- By Mr. SCHUMER (for himself and ers programs and other quality pro- erty and qualified fuel cell property, and for Mrs. DOLE): grams of early childhood home visita- other purposes; to the Committee on Fi- S. Res. 452. A resolution recognizing the tion, and for other purposes. nance. cultural and educational contributions of the S. 707 By Mr. GRASSLEY: American Ballet Theatre throughout its 65 S. 2678. A bill to amend title 28, United At the request of Mr. ALEXANDER, the years of service as ‘‘America’s National Bal- States Code, to provide for the detection and name of the Senator from Massachu- let Company’’; considered and agreed to. prevention of inappropriate conduct in the setts (Mr. KENNEDY) was added as a co- By Mr. ALEXANDER (for himself, Mr. Federal judiciary; to the Committee on the sponsor of S. 707, a bill to reduce LIEBERMAN, Mr. GREGG, Mr. FRIST, Judiciary. Mr. CARPER, Mr. VITTER, Ms. LAN- preterm labor and delivery and the risk By Mr. TALENT (for himself, Mr. DRIEU, Mr. BURR, Mr. COLEMAN, Mr. of pregnancy-related deaths and com- DODD, Mr. ALEXANDER, and Mr. COCH- ALLARD, Mr. DEMINT, and Mr. MAR- plications due to pregnancy, and to re- RAN): TINEZ): duce infant mortality caused by pre- S. 2679. A bill to establish an Unsolved Crimes Section in the Civil Rights Division S. Res. 453. A resolution congratulating maturity. of the Department of Justice, and an Un- charter schools and their students, parents, S. 908 teachers, and administrators across the solved Civil Rights Crime Investigative Of- At the request of Mr. MCCONNELL, United States for their ongoing contribu- fice in the Civil Rights Unit of the Federal the name of the Senator from Lou- Bureau of Investigation, and for other pur- tions to education, and for other purposes; considered and agreed to. isiana (Mr. VITTER) was added as a co- poses; to the Committee on the Judiciary. sponsor of S. 908, a bill to allow Con- By Mr. COLEMAN (for himself, Mr. By Mr. LAUTENBERG (for himself, gress, State legislatures, and regu- TALENT, and Mrs. LINCOLN): Mr. MENENDEZ, Mr. INOUYE, and Mrs. S. 2680. A bill to facilitate the increased DOLE): latory agencies to determine appro- use of alternative fuels for motor vehicles, S. Res. 454. A resolution honoring Malcolm priate laws, rules, and regulations to and for other purposes; to the Committee on P. McLean as the father of containerization; address the problems of weight gain, Finance. considered and agreed to. obesity, and health conditions associ- By Ms. CANTWELL (for herself, Mr. By Mr. FRIST (for himself and Mr. ated with weight gain or obesity. BIDEN, and Mr. LEAHY): REID): S. 1147 S. 2681. A bill to amend title 10, United S. Res. 455. A resolution honoring and States Code, to provide for reports on the thanking Terrance W. Gainer, former Chief At the request of Mr. REID, the name withdrawal or diversion of equipment from of the United States Capitol Police; consid- of the Senator from New York (Mrs. Reserve units to other Reserve units being ered and agreed to. CLINTON) was added as a cosponsor of S.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3705 1147, a bill to amend the Internal Rev- rity Act to enhance the Social Security viduals, and individuals who are blind, enue Code of 1986 to provide for the ex- of the Nation by ensuring adequate and for other purposes. pensing of broadband Internet access public-private infrastructure and to re- S. 2321 expenditures, and for other purposes. solve to prevent, detect, treat, inter- At the request of Mr. SANTORUM, the S. 1172 vene in, and prosecute elder abuse, ne- names of the Senator from Ohio (Mr. At the request of Mr. SPECTER, the glect, and exploitation, and for other VOINOVICH), the Senator from Georgia name of the Senator from Michigan purposes. (Mr. CHAMBLISS) and the Senator from (Mr. LEVIN) was added as a cosponsor of S. 2041 Georgia (Mr. ISAKSON) were added as S. 1172, a bill to provide for programs At the request of Mr. REID, the name cosponsors of S. 2321, a bill to require to increase the awareness and knowl- of the Senator from Nevada (Mr. EN- the Secretary of the Treasury to mint edge of women and health care pro- SIGN) was added as a cosponsor of S. coins in commemoration of Louis viders with respect to gynecologic can- 2041, a bill to provide for the convey- Braille. cers. ance of a United States Fish and Wild- S. 2339 S. 1272 life Service administrative site to the At the request of Mr. COBURN, the At the request of Mr. NELSON of Ne- city of Las Vegas, Nevada. name of the Senator from North Caro- braska, the name of the Senator from S. 2154 lina (Mrs. DOLE) was added as a cospon- Indiana (Mr. BAYH) was added as a co- At the request of Mr. OBAMA, the sor of S. 2339, a bill to reauthorize the sponsor of S. 1272, a bill to amend title name of the Senator from Colorado HIV Health Care Services Program 46, United States Code, and title II of (Mr. ALLARD) was added as a cosponsor under title 26 of the Public Health the Social Security Act to provide ben- of S. 2154, a bill to provide for the Service Act. efits to certain individuals who served issuance of a commemorative postage S. 2475 in the United States merchant marine stamp in honor of Rosa Parks. At the request of Mr. SALAZAR, the names of the Senator from New York (including the Army Transport Service S. 2201 (Mrs. CLINTON), the Senator from Illi- and the Naval Transport Service) dur- At the request of Mr. OBAMA, the nois (Mr. DURBIN), the Senator from ing World War II. names of the Senator from Arkansas Massachusetts (Mr. KERRY), the Sen- S. 1648 (Mrs. LINCOLN) and the Senator from ator from Illinois (Mr. OBAMA), the At the request of Mr. DURBIN, the Florida (Mr. NELSON) were added as co- Senator from New York (Mr. SCHUMER) name of the Senator from Washington sponsors of S. 2201, a bill to amend title and the Senator from New Jersey (Mr. (Ms. CANTWELL) was added as a cospon- 49, United States Code, to modify the LAUTENBERG) were added as cosponsors sor of S. 1648, a bill to amend title 49, mediation and implementation require- of S. 2475, a bill to establish the Com- United States Code, to improve the ments of section 40122 regarding mission to Study the Potential Cre- system for enhancing automobile fuel changes in the Federal Aviation Ad- ation of a National Museum of the efficiency, and for other purposes. ministration personnel management American Latino Community, to de- S. 1722 system, and for other purposes. velop a plan of action for the establish- At the request of Ms. MURKOWSKI, the S 2290 . ment and maintenance of a National names of the Senator from Louisiana At the request of Mr. SANTORUM, his Museum of the American Latino Com- (Ms. LANDRIEU) and the Senator from name was added as a cosponsor of S. munity in Washington, DC, and for Montana (Mr. BURNS) were added as co- 2290, a bill to provide for affordable other purposes. sponsors of S. 1722, a bill to amend the natural gas by rebalancing domestic S. 2571 Public Health Service Act to reauthor- supply and demand and to promote the At the request of Mr. CONRAD, the ize and extend the Fetal Alcohol Syn- production of natural gas from domes- name of the Senator from Minnesota drome prevention and services pro- tic resources. (Mr. DAYTON) was added as a cosponsor gram, and for other purposes. S. 2296 of S. 2571, a bill to promote energy pro- S. 1848 At the request of Mr. INOUYE, the duction and conservation, and for other At the request of Mr. BAUCUS, his name of the Senator from Wisconsin purposes. name was added as a cosponsor of S. (Mr. FEINGOLD) was added as a cospon- S. 2643 1848, a bill to promote remediation of sor of S. 2296, a bill to establish a fact- At the request of Mr. BINGAMAN, the inactive and abandoned mines, and for finding Commission to extend the name of the Senator from California other purposes. study of a prior Commission to inves- (Mrs. BOXER) was added as a cosponsor S. 1948 tigate and determine facts and cir- of S. 2643, a bill to amend the Omnibus At the request of Mrs. CLINTON, the cumstances surrounding the reloca- Crime Control and Safe Streets Act of name of the Senator from New York tion, internment, and deportation to 1968 to clarify that Indian tribes are el- (Mr. SCHUMER) was added as a cospon- Axis countries of Latin Americans of igible to receive grants for confronting sor of S. 1948, a bill to direct the Sec- Japanese descent from December 1941 the use of methamphetamine. retary of Transportation to issue regu- through February 1948, and the impact S. CON. RES. 84 lations to reduce the incidence of child of those actions by the United States, At the request of Mr. KYL, the name injury and death occurring inside or and to recommend appropriate rem- of the Senator from Mississippi (Mr. outside of passenger motor vehicles, edies, and for other purposes. LOTT) was added as a cosponsor of S. and for other purposes. S. 2302 Con. Res. 84, a concurrent resolution S. 1955 At the request of Mr. LOTT, the name expressing the sense of Congress re- At the request of Mr. ENZI, the name of the Senator from California (Mrs. garding a free trade agreement between of the Senator from Texas (Mr. COR- FEINSTEIN) was added as a cosponsor of the United States and Taiwan. NYN) was added as a cosponsor of S. S. 2302, a bill to establish the Federal S. RES. 180 1955, a bill to amend title I of the Em- Emergency Management Agency as an At the request of Mr. SCHUMER, the ployee Retirement Security Act of 1974 independent agency, and for other pur- name of the Senator from Utah (Mr. and the Public Health Service Act to poses. BENNETT) was added as a cosponsor of expand health care access and reduce S. 2311 S. Res. 180, a resolution supporting the costs through the creation of small At the request of Ms. COLLINS, the goals and ideals of a National business health plans and through name of the Senator from Connecticut Epidermolysis Bullosa Awareness Week modernization of the health insurance (Mr. DODD) was added as a cosponsor of to raise public awareness and under- marketplace. S. 2311, a bill to establish a demonstra- standing of the disease and to foster S. 2010 tion project to develop a national net- understanding of the impact of the dis- At the request of Mr. HATCH, the work of economically sustainable ease on patients and their families. name of the Senator from Wyoming transportation providers and qualified S. RES. 412 (Mr. ENZI) was added as a cosponsor of transportation providers, to provide At the request of Mr. AKAKA, the S. 2010, a bill to amend the Social Secu- transportation services to older indi- names of the Senator from Virginia

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3706 CONGRESSIONAL RECORD — SENATE April 27, 2006 (Mr. WARNER) and the Senator from (Mr. BINGAMAN) was added as a cospon- DURBIN) was added as a cosponsor of New Jersey (Mr. LAUTENBERG) were sor of amendment No. 3644 intended to amendment No. 3670 intended to be pro- added as cosponsors of S. Res. 412, a be proposed to H.R. 4939, a bill making posed to H.R. 4939, a bill making emer- resolution expressing the sense of the emergency supplemental appropria- gency supplemental appropriations for Senate that public servants should be tions for the fiscal year ending Sep- the fiscal year ending September 30, commended for their dedication and tember 30, 2006, and for other purposes. 2006, and for other purposes. continued service to the Nation during AMENDMENT NO. 3646 f Public Service Recognition Week, May At the request of Mr. SALAZAR, the STATEMENTS ON INTRODUCED 1 through 7, 2006. name of the Senator from Indiana (Mr. BILLS AND JOINT RESOLUTIONS S. RES. 442 BAYH) was added as a cosponsor of At the request of Mr. COLEMAN, the amendment No. 3646 intended to be pro- names of the Senator from Arizona posed to H.R. 4939, a bill making emer- By Mr. DODD (for himself and (Mr. KYL) and the Senator from Mis- gency supplemental appropriations for Mr. DEWINE): souri (Mr. TALENT) were added as co- the fiscal year ending September 30, S. 2663. A bill to amend the Public sponsors of S. Res. 442, a resolution ex- 2006, and for other purposes. Health Service Act to establish grant pressing the deep disappointment of AMENDMENT NO. 3648 programs to provide for education and the Senate with respect to the election At the request of Ms. LANDRIEU, her outreach on newborn screening and co- of Iran to a leadership position in the name was added as a cosponsor of ordinated followup care once newborn United Nations Disarmament Commis- amendment No. 3648 proposed to H.R. screening has been conducted, to reau- sion and requesting the President to 4939, a bill making emergency supple- thorize programs under part A of title withhold funding to the United Nations mental appropriations for the fiscal XI of such Act, and for other purposes; unless credible reforms are made. year ending September 30, 2006, and for to the Committee on Health, Edu- AMENDMENT NO. 3599 other purposes. cation, Labor, and Pensions. At the request of Mr. LUGAR, the At the request of Mr. VITTER, the Mr. DODD. Mr. President, I am names of the Senator from Ohio (Mr. names of the Senator from Alaska (Mr. pleased today to join with my col- VOINOVICH), the Senator from Vermont STEVENS), the Senator from Alaska league Senator DEWINE to introduce (Mr. JEFFORDS), the Senator from Ne- (Ms. MURKOWSKI) and the Senator from legislation to protect the most vulner- vada (Mr. REID), the Senator from Ohio Mississippi (Mr. LOTT) were added as able members of our society: newborn (Mr. DEWINE) and the Senator from cosponsors of amendment No. 3648 pro- infants. Many people know the joy of Maine (Ms. SNOWE) were added as co- posed to H.R. 4939, supra. parenthood. They also know the sense sponsors of amendment No. 3599 pro- AMENDMENT NO. 3650 of worry about whether their kids are posed to H.R. 4939, a bill making emer- At the request of Mr. OBAMA, the doing well, are feeling well, and are gency supplemental appropriations for name of the Senator from Massachu- safe. Nothing is of greater importance the fiscal year ending September 30, setts (Mr. KENNEDY) was added as a co- than the health and well-being of our 2006, and for other purposes. sponsor of amendment No. 3650 in- children. AMENDMENT NO. 3606 tended to be proposed to H.R. 4939, a Thanks to incredible advances in At the request of Mr. SMITH, the bill making emergency supplemental medical technology, it is now possible name of the Senator from Oregon (Mr. appropriations for the fiscal year end- to test newborns for more than 50 ge- WYDEN) was added as a cosponsor of ing September 30, 2006, and for other netic and metabolic disorders. Many of amendment No. 3606 intended to be pro- purposes. these disorders, if undetected, would posed to H.R. 4939, a bill making emer- AMENDMENT NO. 3662 lead to severe disability or death. How- gency supplemental appropriations for At the request of Mr. FEINGOLD, the ever, babies that are properly diag- the fiscal year ending September 30, name of the Senator from Iowa (Mr. nosed and treated can, in many cases, 2006, and for other purposes. HARKIN) was added as a cosponsor of go on to live healthy lives. So newborn AMENDMENT NO. 3626 amendment No. 3662 intended to be pro- screening can literally save lives. At the request of Mr. VITTER, the posed to H.R. 4939, a bill making emer- Frighteningly, the disorders that names of the Senator from Connecticut gency supplemental appropriations for newborn screening tests for can come (Mr. LIEBERMAN) and the Senator from the fiscal year ending September 30, without warning. For most of these Mississippi (Mr. LOTT) were added as 2006, and for other purposes. disorders, there is no medical history cosponsors of amendment No. 3626 pro- AMENDMENT NO. 3665 of the condition in the family, no way posed to H.R. 4939, a bill making emer- At the request of Mr. WYDEN, the to predict the health of a baby based on gency supplemental appropriations for names of the Senator from Arizona the health of the parents. Although the the fiscal year ending September 30, (Mr. KYL) and the Senator from Con- disorders that are tested for are quite 2006, and for other purposes. necticut (Mr. LIEBERMAN) were added rare, there is a chance that any one AMENDMENT NO. 3627 as cosponsors of amendment No. 3665 newborn will be effected a sort of mor- At the request of Mr. VITTER, the proposed to H.R. 4939, a bill making bid lottery. In that sense, this is an names of the Senator from Maine (Ms. emergency supplemental appropria- issue that has a direct impact on the SNOWE), the Senator from Massachu- tions for the fiscal year ending Sep- lives of every family. setts (Mr. KERRY), the Senator from tember 30, 2006, and for other purposes. Fortunately, some screening has be- Louisiana (Ms. LANDRIEU) and the Sen- At the request of Mr. ENSIGN, his come common practice in every State. ator from Mississippi (Mr. LOTT) were name was added as a cosponsor of Each year, over four million infants added as cosponsors of amendment No. amendment No. 3665 proposed to H.R. have blood taken from their heel to de- 3627 proposed to H.R. 4939, a bill mak- 4939, supra. tect these disorders that could threat- ing emergency supplemental appropria- At the request of Mr. SMITH, his en their life and long-term health. As a tions for the fiscal year ending Sep- name was added as a cosponsor of result, about one in 4,000 babies is diag- tember 30, 2006, and for other purposes. amendment No. 3665 proposed to H.R. nosed with one of these disorders. That AMENDMENT NO. 3643 4939, supra. means that newborn screening could At the request of Mr. SALAZAR, the At the request of Mr. GRAHAM, his protect the health or save the life of name of the Senator from Michigan name was added as a cosponsor of approximately 1,000 newborns each (Mr. LEVIN) was added as a cosponsor of amendment No. 3665 proposed to H.R. year. That is 1,000 tragedies that can be amendment No. 3643 intended to be pro- 4939, supra. averted families that can know the joy posed to H.R. 4939, a bill making emer- At the request of Ms. SNOWE, her of a new infant rather than absolute gency supplemental appropriations for name was added as a cosponsor of heartbreak. the fiscal year ending September 30, amendment No. 3665 proposed to H.R. That is the good news. However, 2006, and for other purposes. 4939, supra. there is so much more to be done. For AMENDMENT NO. 3644 AMENDMENT NO. 3670 every baby saved, another two are esti- At the request of Mr. SALAZAR, the At the request of Mr. DORGAN, the mated to be born with potentially de- name of the Senator from New Mexico name of the Senator from Illinois (Mr. tectable disorders that go undetected

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3707 because they are not screened. These to access these resources, States will FBOs, located at the 19,200 airports, infants and their families face the pros- be required to commit to screening for heliports and seaplane bases through- pect of disability or death from a pre- all 29 disorders. out the U.S. Most of these FBOs are ventable disorder. The survival of a Our legislation will also provide $15 very small mom and pop businesses, newborn may very well come down to million for two types of grants. The and they do not have the resources to the State in which it is born, because first seeks to address the lack of infor- comply with the IRS’s ultimate vendor not all States test for every detectable mation available to health care profes- rules. disorder. sionals and parents about newborn The Highway bill provision took ef- The Government Accountability Of- screening. Every parent should have fect last October, with little guidance fice (GAO) released a report in 2003 the knowledge necessary to protect from the IRS on how aviation fuel op- highlighting the need for this legisla- their child. The tragedy of a newborn’s erators should apply the new policy. tion. According to the report, most death is only compounded by the frus- This lack of guidance has created an States do not educate parents and tration of learning that the death was onerous and convoluted process for tax- health care providers about the avail- preventable. This bill authorizes grants ing aviation jet fuel. It also presents an ability of tests beyond what is man- to provide education and training to enormous administrative challenge for dated by a state. States also reported health care professionals, state labora- aviation businesses, the overwhelming that they do not have the resources to tory personnel, families and consumer majority of which have never been en- purchase the technology and train the advocates. gaged in any sort of wrongdoing. staff needed to expand newborn screen- The second type of grant will support This provision was put in the High- ing programs. Finally, even when States in providing follow-up care for way bill with the best of intentions in States do detect an abnormal screening those children diagnosed by a disorder an effort to fight fuel fraud. However, I result, the majority do not inform par- detected through newborn screening. believe that provision has fallen into ents directly. While these families are the fortunate the category covered by the rule of un- Two weeks ago, I visited Stamford ones, in many cases they are still faced intended consequences. Unfortunately, Hospital in my home State of Con- with the prospect of extended and com- the reality is the impact on small avia- necticut to talk to physicians and par- plex treatment or major lifestyle tion businesses far outweighs the in- ents about newborn screening. I was changes. We need to remember that tent. In theory, the provision was put into joined there by Pamela Sweeney. Pam- care does not stop at diagnosis. ela is the mother of 7-year-old Jona- Finally, the bill directs the Centers place to address fuel fraud allegations than Sweeney. At the time of his birth, for Disease Control and Prevention directed at truck drivers filling up with Connecticut only tested for eight dis- (CDC) to establish a national surveil- jet fuel to avoid the 24.4 highway/diesel fuel tax. In reality, jet fuel is consider- orders. He was considered a healthy lance program for newborn screening, ably more expensive than diesel fuel. It baby, although he was a poor sleeper and provides $15 million for that pur- makes no sense to me that a truck and needed to be fed quite frequently. pose. Such a program will help us con- driver would pay at least $1 per gallon One morning in December of 2000, Pam- duct research to better understand more to save 25 cents per gallon in ela found Jonathan with his eyes wide these rare disorders, and will hopefully taxes. open but completely unresponsive. He lead us towards more effective treat- I have heard from many Montana was not breathing and appeared to be ments and cures. providers on this issue and I think I having a seizure. Jonathan was rushed I urge my colleagues to support this can safely say, while the intent was to the hospital where, fortunately, his important initiative so that every new- noble, the impact is far too burden- life was saved. He was later diagnosed born child will have the best possible some. Because of the burden and the with L–CHAD, a disorder that prevents opportunity that America can offer to possible impact on the Airport and Air- Jonathan’s body from turning fat into live a long, healthy and happy life. way Trust Fund I feel it necessary to energy. I ask unanimous consent that the immediately suspend the new tax sys- Despite this harrowing tale, Jona- text of the bill be printed in the tem. I look forward to working with than and his family are extremely for- RECORD. my colleagues to find a more appro- tunate. Jonathan is alive, and his dis- Mr. BURNS. Mr. President, I come to priate way of curbing fuel fraud. order can be treated with a special the floor today to introduce the Avia- Mr. DEWINE. Mr. President, I rise diet. He has experienced developmental tion Fuel Tax Simplification Act. This today to join my colleague Senator delays that most likely could have bill would suspend the new tax system DODD in introducing the Newborn been avoided had he been tested for L– on aviation grade kerosene until we Screening Saves Lives Act of 2006. CHAD at birth. This raises a question. have time to adequately address and This important legislation would Why was he not tested? Why do many study the impacts of such a proposal on help States expand and improve their States still not test for L–CHAD? aviation small businesses and the Air- newborn screening programs, educate The primary reason for this unfortu- port and Airway Trust Fund. parents and health care providers nate reality is the lack of a consensus This bill addresses a problem created about newborn screening, and improve on the federal level about what should in the Highway Bill this body passed follow-up care for infants with an ill- be screened for, and how a screening last year. That bill contained a change ness detected through screening. program should be developed. Fortu- in the collection of fuel taxes for busi- Newborn screening is a public health nately, that is changing. In the Chil- ness and general aviation operators. activity used for early identification of dren’s Health Act of 2000, Senator Prior to the Highway bill passing, jet infants affected by certain genetic, DEWINE and I authored language to fuel intended for noncommercial use metabolic, hormonal and functional create an Advisory Committee on new- was taxed at 21.9 cents per gallon. conditions for which there may be an born screening within the Department Under the new provision, all taxes on effective treatment or intervention. If of Health and Human Services. Last aviation jet fuel are collected at the left untreated, these conditions can year, that Advisory Committee re- diesel fuel rate, which is 24.4 cents per cause death, disability, mental retarda- leased a report recommending that all gallon. After collection at the higher tion, and other serious health prob- States test for a standard set of 29 dis- rate, the operator or ultimate vendor lems. Every year, over 4 million infants orders. Several States, including Con- then has to file a claim with the Inter- are born and screened to detect such necticut, are already well on their way nal Revenue Service, IRS, to be reim- conditions, with an estimated 3,000 ba- to meeting this recommendation. bursed for the 2.5 cent per gallon dif- bies identified in time for treatment. The legislation that we are intro- ference. Once, and only if, the vendor However, the number and quality of ducing today will give states an addi- files the claim do the tax revenues then newborn screening tests performed var- tional helping hand towards meeting get transferred to the Airport and Air- ies dramatically from State to State. the Advisory’s Committee’s rec- way Trust Fund. The Newborn Screening Saves Lives ommendation by providing $25 million For general aviation, most of the en- Act of 2006 aims to remedy these prob- for States to expand and improve their tities that would be the ultimate ven- lems and improve newborn screening newborn screening programs. In order dors are the Fixed Based Operators, for all of America’s newborns.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3708 CONGRESSIONAL RECORD — SENATE April 27, 2006 This legislation is important because acting through the Associate Administrator ‘‘(C) models to evaluate the prevalence of, it provides resources to States to ex- and in consultation with the Advisory Com- and assess and communicate the risks of, pand and improve their newborn mittee, shall award grants to eligible enti- congenital conditions, including the preva- ties to enable such entities to develop and lence and risk of some of these conditions screening programs and encourage deliver educational programs about newborn based on family history; States to test for the full roster of dis- screening to parents, families, and patient ‘‘(D) models to communicate effectively orders recommended by the Advisory advocacy and support groups. The edu- with parents and families about— Committee on Heritable Disorders in cational materials accompanying such edu- ‘‘(i) the process and benefits of newborn Newborns and Children. It is impera- cational programs shall be provided at ap- screening; tive that we test for the full roster of propriate literacy levels. ‘‘(ii) how to use information gathered from disorders. That is why we are intro- ‘‘(B) AWARENESS OF THE AVAILABILITY OF newborn screening; ducing this legislation to provide ade- PROGRAMS.—To the extent practicable, the ‘‘(iii) the meaning of screening results, in- Secretary shall make relevant health care cluding the possibility of false positive find- quate funds to get this program start- providers aware of the availability of the ings; ed. It authorizes $65 million in fiscal educational programs supported pursuant to ‘‘(iv) the right of refusal of newborn year 07 and such sums as may be nec- subparagraph (A). screening, if applicable; and essary for fiscal year 08 through fiscal ‘‘(3) GRANTS FOR QUALITY NEWBORN SCREEN- ‘‘(v) the potential need for followup care year 11 for grants to educate health ING FOLLOWUP.—From funds appropriated after newborns are screened; care professionals, laboratory per- under subsection (h), the Secretary, acting ‘‘(E) information and resources on coordi- sonnel, and parents about newborn through the Associate Administrator and in nated systems of followup care after newborns are screened; screening and relevant new tech- consultation with the Advisory Committee, shall award grants to eligible entities to en- ‘‘(F) information on the disorders for nologies. able such entities to establish, maintain, and which States require and offer newborn I encourage my colleagues to join operate a system to assess and coordinate screening and options for newborn screening Senator DODD and me in co-sponsoring treatment relating to congenital, genetic, relating to conditions in addition to such this important bill. and metabolic disorders. disorders; There being no objection, the text of ‘‘(b) APPLICATION.—An eligible entity that ‘‘(G) information on additional newborn the bill was ordered to be printed in desires to receive a grant under this section screening that may not be required by the shall submit an application to the Secretary State, but that may be available from other the RECORD, as follows: at such time, in such manner, and accom- sources; and S. 2663 panied by such information as the Secretary ‘‘(H) other items to carry out the purpose Be it enacted by the Senate and House of Rep- may require. described in subsection (a)(1) as determined resentatives of the United States of America in ‘‘(c) SELECTION OF GRANT RECIPIENTS.— appropriate by the Secretary. Congress assembled, ‘‘(1) IN GENERAL.—Not later than 120 days ‘‘(2) GRANTS TO ASSIST FAMILIES.—An eligi- SECTION 1. SHORT TITLE. after receiving an application under sub- ble entity that receives a grant under sub- This Act may be cited as the ‘‘Newborn section (b), the Secretary, after considering section (a)(2) may use the grant funds to de- Screening Saves Lives Act of 2006’’. the approval factors under paragraph (2), velop and deliver to parents, families, and SEC. 2. FINDINGS. shall determine whether to award the eligi- patient advocacy and support groups, edu- ble entity a grant under this section. cational programs about newborn screening Congress finds the following: ‘‘(2) APPROVAL FACTORS.— that include information on— (1) Currently, it is possible to test for more ‘‘(A) REQUIREMENTS FOR APPROVAL.—An ap- ‘‘(A) what newborn screening is; than 30 disorders through newborn screening. plication submitted under subsection (b) ‘‘(B) how newborn screening is performed; (2) There is a lack of uniform newborn may not be approved by the Secretary unless ‘‘(C) who performs newborn screening; screening throughout the United States. the application contains assurances that the ‘‘(D) where newborn screening is per- While a newborn with a debilitating condi- eligible entity— formed; tion may receive screening, early detection, ‘‘(i) will use grant funds only for the pur- ‘‘(E) the disorders for which the State re- and treatment in 1 location, in another loca- poses specified in the approved application quires newborns to be screened; tion the condition may go undetected and re- and in accordance with the requirements of ‘‘(F) different options for newborn screen- sult in catastrophic consequences. this section; and ing for disorders other than those included (3) Each year more than 4,000,000 babies are ‘‘(ii) will establish such fiscal control and by the State in the mandated newborn screened by State and private laboratories to fund accounting procedures as may be nec- screening program; detect conditions that may threaten their essary to assure proper disbursement and ac- ‘‘(G) the meaning of various screening re- long-term health. counting of Federal funds paid to the eligible sults, including the possibility of false posi- (4) There are more than 2,000 babies born entity under the grant. tive and false negative findings; every year in the United States with detect- ‘‘(B) EXISTING PROGRAMS.—Prior to award- ‘‘(H) the prevalence and risk of newborn able and treatable disorders that go ing a grant under this section, the Secretary disorders, including the increased risk of dis- unscreened through newborn screening. shall— orders that may stem from family history; SEC. 3. AMENDMENT TO TITLE III OF THE PUBLIC ‘‘(i) conduct an assessment of existing edu- ‘‘(I) coordinated systems of followup care HEALTH SERVICE ACT. cational resources and training programs after newborns are screened; and Part Q of title III of the Public Health and coordinated systems of followup care ‘‘(J) other items to carry out the purpose Service Act (42 U.S.C. 280h et seq.) is amend- with respect to newborn screening; and described in subsection (a)(2) as determined ed by adding at the end the following: ‘‘(ii) take all necessary steps to minimize appropriate by the Secretary. ‘‘SEC. 399AA. NEWBORN SCREENING. the duplication of the resources and pro- ‘‘(3) GRANTS FOR QUALITY NEWBORN SCREEN- ‘‘(a) AUTHORIZATION OF GRANT PROGRAMS.— grams described in clause (i). ING FOLLOWUP.—An eligible entity that re- ‘‘(1) GRANTS TO ASSIST HEALTH CARE PRO- ‘‘(d) COORDINATION.—The Secretary shall ceives a grant under subsection (a)(3) shall FESSIONALS.—From funds appropriated under take all necessary steps to coordinate pro- use the grant funds to— subsection (h), the Secretary, acting through grams funded with grants received under this ‘‘(A) expand on existing procedures and the Associate Administrator of the Maternal section. systems, where appropriate and available, and Child Health Bureau of the Health Re- ‘‘(e) USE OF GRANT FUNDS.— for the timely reporting of newborn screen- sources and Services Administration (re- ‘‘(1) GRANTS TO ASSIST HEALTH CARE PRO- ing results to individuals, families, primary ferred to in this section as the ‘Associate Ad- FESSIONALS.—An eligible entity that receives care physicians, and subspecialists in con- ministrator’) and in consultation with the a grant under subsection (a)(1) may use the genital, genetic, and metabolic disorders; Advisory Committee on Heritable Disorders grant funds to work with appropriate med- ‘‘(B) coordinate ongoing followup treat- in Newborns and Children (referred to in this ical schools, nursing schools, schools of pub- ment with individuals, families, primary section as the ‘Advisory Committee’), shall lic health, schools of genetic counseling, in- care physicians, and subspecialists in con- award grants to eligible entities to enable ternal education programs in State agencies, genital, genetic, and metabolic disorders such entities to assist in providing health nongovernmental organizations, and profes- after a newborn receives an indication of the care professionals and newborn screening sional organizations and societies to develop presence or increased risk of a disorder on a laboratory personnel with— and deliver education and training programs screening test; ‘‘(A) education in newborn screening; and that include— ‘‘(C) ensure the seamless integration of ‘‘(B) training in— ‘‘(A) continuing medical education pro- confirmatory testing, tertiary care medical ‘‘(i) relevant and new technologies in new- grams for health care professionals and new- services, comprehensive genetic services in- born screening; and born screening laboratory personnel in new- cluding genetic counseling, and information ‘‘(ii) congenital, genetic, and metabolic born screening; about access to developing therapies by par- disorders. ‘‘(B) education, technical assistance, and ticipation in approved clinical trials involv- ‘‘(2) GRANTS TO ASSIST FAMILIES.— training on new discoveries in newborn ing the primary health care of the infant; ‘‘(A) IN GENERAL.—From funds appro- screening and the use of any related tech- ‘‘(D) analyze data, if appropriate and avail- priated under subsection (h), the Secretary, nology; able, collected from newborn screenings to

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3709 identify populations at risk for disorders af- mittee’) that are adopted by the Secretary Secretary shall adopt or reject such rec- fecting newborns, examine and respond to and in effect at the time the grant is award- ommendation. health concerns, recognize and address rel- ed or renewed under this section, which shall ‘‘(2) PENDING RECOMMENDATIONS.—The Sec- evant environmental, behavioral, socio- include the screening of each newborn for retary shall adopt or reject any rec- economic, demographic, and other relevant the heritable disorders recommended by the ommendation issued by the Advisory Com- risk factors; and Advisory Committee and adopted by the Sec- mittee that is pending on the date of enact- ‘‘(E) carry out such other activities as the retary and the reporting of results; and’’; and ment of the Newborn Screening Saves Lives Secretary may determine necessary. (2) in subsection (i), by striking ‘‘such Act of 2006 by not later than 180 days after ‘‘(f) REPORTS TO CONGRESS.— sums’’ and all that follows through the pe- the date of enactment of such Act. ‘‘(1) IN GENERAL.—Subject to paragraph (2), riod at the end and inserting ‘‘$25,000,000 for ‘‘(3) DETERMINATIONS TO BE MADE PUBLIC.— the Secretary shall submit to the appro- fiscal year 2007 and such sums as may be nec- The Secretary shall publicize any determina- priate committees of Congress reports— essary for each of the fiscal years 2008 tion on adopting or rejecting a recommenda- ‘‘(A) evaluating the effectiveness and the through 2011.’’. tion of the Advisory Committee pursuant to impact of the grants awarded under this sec- SEC. 5. EVALUATING THE EFFECTIVENESS OF this subsection, including the justification tion— NEWBORN- AND CHILD-SCREENING for the determination. ‘‘(i) in promoting newborn screening— PROGRAMS. ‘‘(e) CONTINUATION OF OPERATION OF COM- ‘‘(I) education and resources for families; Section 1110 of the Public Health Service MITTEE.—Notwithstanding section 14 of the and Act (42 U.S.C. 300b–9) is amended by adding Federal Advisory Committee Act (5 U.S.C. ‘‘(II) education, resources, and training for at the end the following: App.), the Advisory Committee shall con- health care professionals; ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— tinue to operate during the 5-year period be- ‘‘(ii) on the successful diagnosis and treat- There are authorized to be appropriated to ginning on the date of enactment of the New- ment of congenital, genetic, and metabolic carry out this section $5,000,000 for fiscal born Screening Saves Lives Act of 2006.’’. disorders; and year 2007 and such sums as may be necessary SEC. 7. LABORATORY QUALITY AND SURVEIL- ‘‘(iii) on the continued development of co- for each of the fiscal years 2008 through LANCE. ordinated systems of followup care after 2011.’’. Part A of title XI of the Public Health newborns are screened; Service Act (42 U.S.C. 300b–1 et seq.) is ‘‘(B) describing and evaluating the effec- SEC. 6. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND amended by adding at the end the following: tiveness of the activities carried out with CHILDREN. ‘‘SEC. 1112. LABORATORY QUALITY. grant funds received under this section; and Section 1111 of the Public Health Service ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(C) that include recommendations for Act (42 U.S.C. 300b–10) is amended— through the Director of the Centers for Dis- Federal actions to support— (1) in subsection (b)— ease Control and Prevention and in consulta- ‘‘(i) education and training in newborn (A) by redesignating paragraph (3) as para- tion with the Advisory Committee on Heri- screening; and graph (5); table Disorders in Newborns and Children es- ‘‘(ii) followup care after newborns are (B) in paragraph (2), by striking ‘‘and’’ tablished under section 1111, shall provide screened. after the semicolon; for— ‘‘(2) TIMING OF REPORTS.—The Secretary (C) by inserting after paragraph (2) the fol- ‘‘(1) quality assurance for laboratories in- shall submit— lowing: volved in screening newborns and children ‘‘(A) an interim report that includes the ‘‘(3) recommend a uniform screening panel for heritable disorders, including quality as- information described in paragraph (1), not for newborn screening programs that in- surance for newborn-screening tests, per- later than 30 months after the date on which cludes the heritable disorders for which all formance evaluation services, and technical the first grant funds are awarded under this newborns should be screened, including sec- assistance and technology transfer to new- section; and ondary conditions that may be identified as born screening laboratories to ensure ana- ‘‘(B) a subsequent report that includes the a result of the laboratory methods used for lytic validity and utility of screening tests; information described in paragraph (1), not screening; and later than 60 months after the date on which ‘‘(4) develop a model decision-matrix for ‘‘(2) population-based pilot testing for new the first grant funds are awarded under this newborn screening program expansion, and screening tools for evaluating use on a mass section. periodically update the recommended uni- scale. ‘‘(g) DEFINITION OF ELIGIBLE ENTITY.—In ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— this section, the term ‘eligible entity’ form screening panel described in paragraph means— (3) based on such decision-matrix; and’’; and For the purpose of carrying out this section, ‘‘(1) a State or a political subdivision of a (D) in paragraph (5) (as redesignated by there are authorized to be appropriated State; subparagraph (A)), by striking the period at $5,000,000 for fiscal year 2007 and such sums ‘‘(2) a consortium of 2 or more States or the end and inserting ‘‘, including rec- as may be necessary for each of the fiscal political subdivisions of States; ommendations, advice, or information deal- years 2008 through 2011. ‘‘(3) a territory; ing with— ‘‘SEC. 1113. SURVEILLANCE PROGRAMS FOR ‘‘(4) an Indian tribe or a hospital or out- ‘‘(A) followup activities, including those HERITABLE DISORDERS SCREENING. patient health care facility of the Indian necessary to achieve rapid diagnosis in the ‘‘(a) IN GENERAL.—The Secretary, acting Health Service; or short term, and those that ascertain long- through the Director of the Centers for Dis- ‘‘(5) a nongovernmental organization with term case management outcomes and appro- ease Control and Prevention, shall carry out appropriate expertise in newborn screening, priate access to related services; programs— as determined by the Secretary. ‘‘(B) diagnostic and other technology used ‘‘(1) to collect, analyze, and make available ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— in screening; data on the heritable disorders recommended There are authorized to be appropriated to ‘‘(C) the availability and reporting of test- by the Advisory Committee on Heritable Dis- carry out this section— ing for conditions for which there is no exist- orders in Newborns and Children established ‘‘(1) $15,000,000 for fiscal year 2007; and ing treatment; under section 1111, including data on the ‘‘(2) such sums as may be necessary for ‘‘(D) minimum standards and related poli- causes of such disorders and on the incidence each of fiscal years 2008 through 2011.’’. cies and procedures for State newborn and prevalence of such disorders; SEC. 4. IMPROVED NEWBORN AND CHILD screening programs; ‘‘(2) to operate regional centers for the SCREENING FOR HERITABLE DIS- ‘‘(E) quality assurance, oversight, and conduct of applied epidemiological research ORDERS. evaluation of State newborn screening pro- on the prevention of such disorders; Section 1109 of the Public Health Service grams; ‘‘(3) to provide information and education Act (42 U.S.C. 300b–8) is amended— ‘‘(F) data collection for assessment of new- to the public on the prevention of such dis- (1) in subsection (c)(2)— born screening programs; orders; and (A) in subparagraph (E), by striking ‘‘and’’ ‘‘(G) public and provider awareness and ‘‘(4) to conduct research on and to promote after the semicolon; education; the prevention of such disorders, and sec- (B) by redesignating subparagraph (F) as ‘‘(H) language and terminology used by ondary health conditions among individuals subparagraph (G); and State newborn screening programs; with such disorders. (C) by inserting after subparagraph (E) the ‘‘(I) confirmatory testing and verification ‘‘(b) GRANTS AND CONTRACTS.— following: of positive results; and ‘‘(1) IN GENERAL.—In carrying out sub- ‘‘(F) an assurance that the entity has ‘‘(J) harmonization of laboratory defini- section (a), the Secretary may make grants adopted and implemented, is in the process tions for results that are within the expected to and enter into contracts with public and of adopting and implementing, or will use range and results that are outside of the ex- nonprofit private entities. grant amounts received under this section to pected range.’’; and ‘‘(2) SUPPLIES AND SERVICES IN LIEU OF adopt and implement the guidelines and rec- (2) by adding at the end the following: AWARD FUNDS.— ommendations of the Advisory Committee ‘‘(d) DECISION ON RECOMMENDATIONS.— ‘‘(A) IN GENERAL.—Upon the request of a on Heritable Disorders in Newborns and Chil- ‘‘(1) IN GENERAL.—Not later than 180 days recipient of an award of a grant or contract dren established under section 1111 (referred after the Advisory Committee issues a rec- under paragraph (1), the Secretary may, sub- to in this section as the ‘Advisory Com- ommendation pursuant to this section, the ject to subparagraph (B), provide supplies,

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3710 CONGRESSIONAL RECORD — SENATE April 27, 2006 equipment, and services for the purpose of made under this section with existing birth macies have encountered in partici- aiding the recipient in carrying out the pur- defects surveillance activities. pating in the Medicare drug benefit. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— poses for which the award is made and, for The Pharmacy Access Improvement such purposes, may detail to the recipient For the purpose of carrying out this section, any officer or employee of the Department of there are authorized to be appropriated Act would speed up reimbursement to Health and Human Services. $15,000,000 for fiscal year 2007 and such sums pharmacies. The delay that pharmacies ‘‘(B) REDUCTION.—With respect to a request as may be necessary for each of the fiscal have experienced in receiving payment described in subparagraph (A), the Secretary years 2008 through 2011.’’. from drug plans has sent pharmacies shall reduce the amount of payments under all over the country into financial fren- the award involved by an amount equal to By Mr. BAUCUS (for himself, zy. These delays have forced phar- the costs of detailing personnel and the fair Mrs. LINCOLN, and Mr. CONRAD): macies to seek additional credit, dip market value of any supplies, equipment, or S. 2664. A bill to amend title XVIII of services provided by the Secretary. The Sec- into their savings, or worse, as they try the Social Security Act to improve ac- to continue operations. This bill would retary shall, for the payment of expenses in- cess to pharmacies under part D; to the curred in complying with such request, ex- require drug plans to pay promptly. pend the amounts withheld. Committee on Finance. Most claims would be reimbursed with- ‘‘(3) APPLICATION FOR AWARD.—The Sec- Mr. BAUCUS. Mr. President, today I in 2 weeks, making it easier for phar- retary may make an award of a grant or con- am introducing the Pharmacy Access macies to operate. And the bill would tract under paragraph (1) only if an applica- Improvement Act of 2006. impose a monetary penalty on plans if tion for the award is submitted to the Sec- The Medicare prescription drug ben- they paid late. retary and the application is in such form, is efit got off to a bumpy start. As the One of the most common complaints made in such manner, and contains such new benefit was rolled out, the pro- from beneficiaries has been how con- agreements, assurances, and information as gram experienced problems related to fused they are. One source of their con- the Secretary determines to be necessary to its computer system and databases. A carry out the purposes for which the award is fusion comes from the practice of co- lot of those problems have been fixed. to be made. branding. Co-branding is when a drug But a new computer program or new ‘‘(c) BIENNIAL REPORT.—Not later than plan partners with a pharmacy chain February 1 of fiscal year 2007 and of every software could not fix a number of the and then includes the pharmacy’s logo second such year thereafter, the Secretary problems that pharmacists faced. or name on its marketing materials shall submit to the Committee on Energy The Medicare drug benefit made big and identification cards. This is con- and Commerce of the House of Representa- changes to the pharmacy business. tives, and the Committee on Health, Edu- fusing, because it sends the message Transitioning dual eligible bene- cation, Labor, and Pensions of the Senate, a that drugs are available only from that ficiaries from Medicaid to Medicare report that, with respect to the preceding 2 pharmacy. And that is not true. To drug coverage affected the pharmacists fiscal years— help end this confusion, the Pharmacy ‘‘(1) contains information regarding the in- who provide drugs. And pharmacists Access Improvement Act would pro- cidence and prevalence of heritable disorders have experienced problems dealing hibit drug plans from placing phar- and the health status of individuals with with the private drug plans that offer macy logos or trademarks on their such disorders and the extent to which such the new benefit. disorders have contributed to the incidence I have been hearing from pharmacists identification cards and restrict other and prevalence of infant mortality and af- forms of co-branding. fected quality of life; in Montana who are struggling. They are trying to help their patients. But This bill would also require that ‘‘(2) contains information under paragraph pharmacists be paid reasonable dis- (1) that is specific to various racial and eth- they face great difficulty. The success nic groups (including Hispanics, non-His- of the Medicare drug benefit ulti- pensing fees for each prescription that panic whites, Blacks, Native Americans, and mately depends on the pharmacists they fill. Currently, some plans pay no Asian Americans); who deliver the drugs. So we have to dispensing fees. Other plans pay only ‘‘(3) contains an assessment of the extent help them. And we must act now, be- nominal dispensing fees. Pharmacists to which various approaches of preventing fore pharmacists find that they are no are not able to cover their costs of dis- heritable disorders and secondary health pensing drugs. And that puts them at a conditions among individuals with such dis- longer able to provide drugs to Medi- care beneficiaries, or to provide drugs severe disadvantage. It eats up their orders have been effective; margins from non-Medicare business. ‘‘(4) describes the activities carried out at all. under this section; This bill would provide the help that And it is unsustainable in the long-run. ‘‘(5) contains information on the incidence pharmacists need to continue deliv- Some would say that it is too soon to and prevalence of individuals living with ering the Medicare drug benefit. It consider legislation that affects the heritable disorders, information on the would resolve problems that they face Medicare drug benefit. I disagree. The health status of individuals with such dis- every day as they provide Medicare problems that pharmacists are facing orders, information on any health disparities beneficiaries with their drugs. It would are real. And they are not going away. experienced by such individuals, and rec- If we wait a year to consider the Phar- ommendations for improving the health and help ensure that pharmacies remain wellness and quality of life of such individ- open and operable so the drug benefit macy Access Improvement Act, it may uals; can be a meaningful part of bene- be too late for many pharmacists and ‘‘(6) contains a summary of recommenda- ficiaries’ health care. the beneficiaries whom they serve. We tions from all heritable disorders research The Pharmacy Access Improvement have a duty to make the Medicare drug conferences sponsored by the Centers for Dis- Act would do several things to help benefit as strong and robust as it can ease Control and Prevention; and pharmacies. First, it would strengthen be. And the Pharmacy Access Improve- ‘‘(7) contains any recommendations of the ment Act presents an opportunity for Secretary regarding this section. the access standards that drug plans ‘‘(d) APPLICABILITY OF PRIVACY LAWS.—The have to meet. It is important that the us to do just that. I urge my colleagues provisions of this section shall be subject to drug plans contract with broad and far- to support it. the requirements of section 552a of title 5, reaching networks of pharmacies. This United States Code. All Federal laws relat- bill would ensure that the pharmacies By Mr. BAUCUS (for himself, Mr. ing to the privacy of information shall apply that drug plans count in their net- WYDEN, Mrs. LINCOLN, Mr. CON- to the data and information that is collected RAD, and Mr. JEFFORDS): under this section. works provide real access to Medicare ‘‘(e) COORDINATION.— beneficiaries. S. 2665. A bill to amend title XVIII of ‘‘(1) IN GENERAL.—In carrying out this sec- It would also help safety net phar- the Social Security Act to simplify and tion, the Secretary shall coordinate, to the macies to join drug plan networks. improve the Medicare prescription extent practicable, programs under this sec- These pharmacies have served the most drug program; to the Committee on Fi- tion with programs on birth defects and de- vulnerable patients for years. They nance. velopmental disabilities authorized under should be able to continue to do so. Mr. BAUCUS. Mr. President, today I section 317C. Drug plans should not be allowed to ex- am introducing the Medicare Prescrip- ‘‘(2) PRIORITY IN GRANTS AND CONTRACTS.— In making grants and contracts under this clude safety net pharmacies. Excluding tion Drug Simplification Act of 2006. section, the Secretary shall give priority to them does a huge disservice to needy This bill would improve the Medicare entities that demonstrate the ability to co- beneficiaries. This bill would rectify drug benefit by creating simple, under- ordinate activities under a grant or contract the problems that safety net phar- standable benefit packages. It would

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3711 provide extra funds for State coun- feel about the new program, they tell that are best for each individual. And selors who educate Medicare bene- me that it is too complex and con- it would do this while preserving the ficiaries about the drug benefit. And it fusing. ability of insurers to compete in the would strengthen consumer protections Recent focus groups conducted by marketplace. for beneficiaries who enroll. MedPAC, the group that advises Con- Second, the bill would provide extra Medicare drug benefits are critical to gress on Medicare policy, found the funds to State Health Insurance Pro- the health of our Nation’s elderly and same the problem. According to grams through 2010. Putting informa- disabled. In 2003, after years of debate, MedPAC, beneficiaries are ‘‘confused tion on the Internet, television, and a Congress added drug coverage to Medi- by the number of plans, variation in toll-free hotline is not enough. care through passage of the Medicare benefit structure.’’ Third, the bill would stop drug plans Modernization Act, the MMA. I was And a study released by the Kaiser from removing medications or increas- proud to help pass that bill. The law Family Foundation says: ‘‘the absence ing drug costs during the benefit year. was not perfect. But, as I said then, we of any standardization for many fea- Fourth, the bill would prohibit insur- should not let perfection be the enemy tures of drug plan benefit design, and ance agents from engaging in unfair of the good. The MMA can go a long even some of the basic terminology marketing practices that prey on vul- way toward helping those who need it used to describe these plans, adds to nerable people—practices like cold- most. the challenges for beneficiaries’’ and calling seniors. But implementation of the law has ‘‘is likely to make apples-to-apples I believe strongly that Medicare been flawed. The Centers for Medicare comparisons across plans more dif- beneficiaries need prescription drug and Medicaid Services, or CMS, was ficult for consumers.’’ The report coverage. And, if CMS implements it put in charge of ensuring that the pre- ‘‘confirm[ed] the importance of federal correctly, the market-based approach scription drug benefit was fully oper- safeguards . . . to minimize unneces- envisioned in the MMA can deliver those benefits effectively. But a mar- ational by January 1, 2006. The task sary complexity in [the] Medicare pre- ket can work only if the product is well was big. And CMS worked hard to get scription drug plan marketplace.’’ defined and consumers have sufficient it done. Unfortunately, CMS’s efforts The message is coming through loud knowledge of it. As Adam Smith said: have come up short in a few major and clear from constituents, research- ‘‘[Value] is adjusted . . . not by any ac- areas. ers, advocacy groups, and government curate measure, but by the haggling First, CMS made the new program advisers. We need to make the Medi- and bargaining of the market.’’ It’s not needlessly confusing. The law charged care drug benefit more understandable, fair to expect seniors and people with CMS with approving prescription drug straightforward, and transparent. And disabilities to haggle and bargain if the plans. Last April, I urged CMS to ap- that’s what this bill would do. choices are incomprehensible. prove only the plans meeting the high- First, the bill would make choices Some may say that lots of choice is among prescription drug plans more est standards, so that seniors could good. This is true when people buy cars simple and straightforward. It would choose among a manageable number of or toasters. But, as many economists solid offerings. But CMS ignored that require the Federal Department of have shown, the health care market is advice. Health and Human Services to define different. People want to choose their Instead, CMS approved 47 plans in my six types of drug benefit packages that providers and pharmacies. But they do State alone, and more than 1,500 na- insurers could offer. In addition, Medi- not necessarily want to wade through a tionwide. Furthermore, the differences care and insurers would both have to confusing array of plans. between the plans are mind-boggling use uniform language, names, and ter- Some may say that we should hold and difficult to sort out, even for the minology to describe drug benefit off making changes until the market most-savvy consumer. Beneficiaries de- packages. Seniors can reach informed consolidates. But that is both unfair serve better. They must be able to decisions, but they deserve clear op- and unrealistic. With more than 1,500 make apples-to-apples comparisons in tions. plans in the market now, how much order to choose what is best for them. This approach is similar to the one consolidation could really fix the prob- There are other problems in the way Congress took with the Medicare sup- lem of confusion and complexity? Fur- that CMS chose to implement the new plemental market. In 1980, Congress en- thermore, the next enrollment period program. Consumer protections are acted the Baucus amendments to fix is fast approaching, and consumers are weak and inconsistent. The list of marketing abuses and consumer confu- insisting on relief now. drugs covered by plans should not sion with supplemental or Medigap Some may say that enrollment is change in the middle of the year. Plan plans. high, so why tinker with the benefit? formularies should be transparent. And Those reforms required private But look at the numbers. In 2003, CMS patients should be able to request ex- issuers to meet minimum standards said that they expected 19 million ceptions to them using the same proc- and have minimum loss ratios. Ten Americans to sign up for the drug pro- ess and forms, no matter which plans years later, Congress again took up gram. But so far, only 8 million have the patients enrolled in. Medigap reform, passing legislation voluntarily enrolled. In Montana, only Also, CMS terribly underfunded that led to the standardization of 42 percent of people who have a choice State Health Insurance Programs, Medigap policies. This resulted in a about whether to sign up have done so. known as SHIPs. These agencies are limited number of Medigap options, We can do better than that. And with mainly staffed by volunteers who help each with a fixed set of benefits. These passage of the Medicare Prescription educate and advise people about Medi- changes were successful in helping con- Drug Simplification Act, we will. care and the new drug benefit. They sumers to make comparisons and in The MMA tried to balance the needs have held thousands of community strengthening consumer protections. of private plans and beneficiaries. But events and assisted millions of people My colleague and co-sponsor, Senator implementation has tilted that balance across the country. But they struggled RON WYDEN, was instrumental in bring- toward the private firms, rather than to meet demand for help with the new ing about these reforms. And I thank seniors and the disabled. The Medicare drug program. Last week, Montana him for his involvement then and Prescription Drug Simplification Act AARP donated $40,000 of its own funds today. of 2006 would restore the proper bal- to help the Montana SHIP keep enough The bill that we are introducing ance needed to make the drug program staff and volunteers through the May today would build on these lessons and work fairly for people with Medicare. 15 deadline. CMS provided only $7,500 apply them to the Medicare drug ben- for a five-county region in Montana efit. By establishing six standardized By Mr. REID. (for Mr. KERRY (for with an area bigger than Delaware. In types of benefit packages that insurers himself, Mr. KOHL, and Mr. LIE- contrast, CMS spent $300 million for an can offer, the bill would help people to BERMAN)): ad campaign, a bus tour, and a blimp. make apples-to-apples comparisons. It S. 2670. A bill to restore fairness in Yet despite these ads, many seniors would make choices more understand- the provision of incentives for oil and are still confused about the drug ben- able. It would reduce confusion and gas production, and for other purposes; efit. When I asked Montanans how they help beneficiaries make the decisions to the Committee on Finance.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3712 CONGRESSIONAL RECORD — SENATE April 27, 2006 By Mr. REID (for Mr. KERRY): replace with a new domestic manufac- Sec. 9. Rules relating to foreign oil and gas S. 2672. A bill to amend the Internal turing deduction only provided the de- income. Revenue Code of 1986 to provide that duction to industries that benefited Sec. 10. Elimination of deferral for foreign oil and gas extraction income. oil and gas companies will not be eligi- from the export-related tax benefits. ble for the effective rate reductions en- SEC. 2. TERMINATION OF DEDUCTION FOR IN- However, the final product extended TANGIBLE DRILLING AND DEVELOP- acted in 2004 for domestic manufactur- the deduction to include the oil and gas MENT COSTS. ers; to the Committee on Finance. industry. (a) IN GENERAL.—Section 263(c) is amended Mr. REID (for Mr. KERRY). Mr. Presi- This legislation repeals the 2004 man- by adding at the end the following new sen- dent, the Energy Policy Act of 2005 ufacturing deduction for oil and gas tence: ‘‘This subsection shall not apply to contained $2.6 billion over 10 years in companies because these industries any taxable year beginning after the date of suffered no detriment from the repeal the enactment of this sentence.’’. tax breaks for oil and gas companies. (b) CONFORMING AMENDMENTS.—Paragraphs The bill also contained a $1.5 billion of export-related tax benefits. At a (2) and (3) of section 291(b) are each amended fund for an oil consortium that brings time when oil companies are reporting by striking ‘‘section 263(c), 616(a),’’ and in- the total handouts for oil companies to record profits, there is no valid reason serting ‘‘section 616(a)’’. more than $4 billion over ten years. to reward them with a tax deduction. (c) EFFECTIVE DATE.—The amendments These giveaways are on top of at least Many Members of Congress including made by this section shall apply to taxable $6 billion in tax breaks already avail- myself support a windfall profits tax years beginning after the date of the enact- ment of this Act. able to the oil industry through 2009. and providing this deduction to oil and gas companies operates as a reverse SEC. 3. TERMINATION OF PERCENTAGE DEPLE- And these new tax breaks come at a TION ALLOWANCE FOR OIL AND GAS time when the world’s largest energy windfall profits tax. This deduction WELLS. companies are reaping record-setting lowers the tax rate on the windfall (a) IN GENERAL.—Section 613A is amended profits. profits they are currently enjoying. by adding at the end the following new sub- Just this week, President Bush said: Without Congressional action, this section: ‘‘Record oil prices and large cash flows benefit will increase. The domestic ‘‘(f) TERMINATION.—For purposes of any also mean that Congress has got to un- manufacturing deduction is currently taxable year beginning after the date of the enactment of this subsection, the allowance derstand that these energy companies three percent and is schedule to in- for percentage depletion shall be zero.’’. don’t need unnecessary tax breaks like crease to six percent in 2007 and nine (b) EFFECTIVE DATE.—The amendment the write-offs of certain geological and percent in 2010. This means that next made by this section shall apply to taxable geophysical expenditures, or the use of year oil companies that are benefiting years beginning after the date of the enact- taxpayers’ money to subsidize energy from this deduction will see their bene- ment of this Act. companies’ research into deep water fits double and triple in 2010. SEC. 4. TERMINATION OF ENHANCED OIL RECOV- drilling. I’m looking forward to Con- I urge my colleagues to support both ERY CREDIT. gress to take about $2 billion of these the Energy Fairness for America Act (a) IN GENERAL.—Section 43 is amended by adding at the end the following new sub- tax breaks out of the budget over a 10- and the Restore a Rational Tax Rate section: year period of time. Cash flows are up. on Petroleum Production Act of 2006. ‘‘(f) TERMINATION.—This section shall not Taxpayers don’t need to be paying for We owe it to the American people to apply to any taxable year beginning after certain of these expenses on behalf of eliminate tax benefits to the oil indus- the date of the enactment of this sub- the energy companies.’’ try at a time of record profits, record section.’’. Not long ago, we heard the top oil ex- gas prices, and a projected record def- (b) EFFECTIVE DATE.—The amendment ecutives testify before Congress that icit. made by this section shall apply to taxable they don’t need the tax breaks either. I ask unanimous consent that the years beginning after the date of the enact- ment of this Act. Today I am introducing the Energy text of these bills be printed in the SEC. 5. TERMINATION OF CERTAIN PROVISIONS Fairness for America Act and the Re- RECORD. OF THE ENERGY POLICY ACT OF store a Rational Tax Rate on Petro- There being no objection, the bills 2005. leum Production Act of 2006. These were ordered to be printed in the (a) IN GENERAL.—The following provisions bills repeal tax breaks for oil compa- RECORD, as follows: of the Energy Policy Act of 2005 are repealed on and after the date of the enactment of nies, close corporate tax loopholes that S. 2670 this Act: benefit oil companies, and repeal the Be it enacted by the Senate and House of Rep- new domestic manufacturing deduction (1) Section 342 (relating to program on oil resentatives of the United States of America in and gas royalties in-kind). for oil and gas companies. Congress assembled, (2) Section 343 (relating to marginal prop- The Energy Fairness for America Act SECTION 1. SHORT TITLE; ETC. erty production incentives). will repeal provisions approved in the (a) SHORT TITLE.—This Act may be cited as (3) Section 344 (relating to incentives for recent Energy Policy Act, as well as the ‘‘Energy Fairness for America Act’’. natural gas production from deep wells in pre-existing handouts. Instead of pro- (b) AMENDMENT OF 1986 CODE.—Except as the shallow waters of the Gulf of Mexico). viding tax breaks to oil companies, the otherwise expressly provided, whenever in (4) Section 345 (relating to royalty relief Energy Fairness for America Act will this Act an amendment or repeal is ex- for deep water production). pressed in terms of an amendment to, or re- save at least $28 billion for tax payers. (5) Section 357 (relating to comprehensive peal of, a section or other provision, the ref- inventory of OCS oil and natural gas re- This money can then go to provide re- erence shall be considered to be made to a sources). lief to consumers suffering from higher section or other provision of the Internal (6) Subtitle J of title IX (relating to ultra- energy costs as well as investments in Revenue Code of 1986. deepwater and unconventional natural gas efficiency and renewable technologies (c) TABLE OF CONTENTS.—The table of con- and other petroleum resources). that can benefit all Americans. tents for this Act is as follows: (b) TERMINATION OF ALASKA OFFSHORE ROY- The Restore a Rational Tax Rate on Sec. 1. Short title; etc. ALTY SUSPENSION.— Petroleum Production Act of 2006 Sec. 2. Termination of deduction for intan- (1) IN GENERAL.—Section 8(a)(3)(B) of the would repeal the new manufacturing gible drilling and development Outer Continental Shelf Lands Act (43 U.S.C. deduction for oil and gas companies costs. 1337(a)(3)(B)) is amended by striking ‘‘and in Sec. 3. Termination of percentage depletion the Planning Areas offshore Alaska’’. that was enacted by Congress in 2004. allowance for oil and gas wells. (2) EFFECTIVE DATE.—The amendment Congressman MCDERMOTT is intro- Sec. 4. Termination of enhanced oil recovery made by this subsection shall take effect on ducing companion legislation in the credit. and after the date of the enactment of this House. This domestic manufacturing Sec. 5. Termination of certain provisions of Act. deduction was designed to replace ex- the Energy Policy Act of 2005. SEC. 6. TERMINATION OF CERTAIN TAX PROVI- port-related tax benefits that were suc- Sec. 6. Termination of certain tax provisions SIONS OF THE ENERGY POLICY ACT cessfully challenged by the European of the Energy Policy Act of OF 2005. (a) ELECTRIC TRANSMISSION PROPERTY Union. 2005. Sec. 7. Revaluation of LIFO inventories of TREATED AS 15-YEAR PROPERTY.—Section Producers of oil and gas did not ben- large integrated oil companies. 168(e)(3)(E)(vii) is amended by inserting ‘‘, efit from this tax break. Initial legisla- Sec. 8. Modifications of foreign tax credit and before the date of the enactment of the tion proposed to address the repeal of rules applicable to dual capac- Energy Fairness for America Act’’ after the export-related tax benefits and to ity taxpayers. ‘‘April 11, 2005’’.

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(b) TEMPORARY EXPENSING OF EQUIPMENT paid with respect to the taxable year de- (2) CONTRARY TREATY OBLIGATIONS USED IN REFINING LIQUID FUELS.—Section scribed in subsection (a) to the extent such UPHELD.—The amendments made by this sec- 179C(c)(1) is amended— underpayment was created or increased by tion shall not apply to the extent contrary (1) by striking ‘‘January 1, 2012’’ and in- this section. to any treaty obligation of the United serting ‘‘the date of the enactment of the (d) APPLICABLE INTEGRATED OIL COM- States. Energy Fairness for America Act’’, and PANY.—For purposes of this section, the term SEC. 9. RULES RELATING TO FOREIGN OIL AND (2) by striking ‘‘January 1, 2008’’ and in- ‘‘applicable integrated oil company’’ means GAS INCOME. serting ‘‘the date of the enactment of the an integrated oil company (as defined in sec- (a) SEPARATE BASKET FOR FOREIGN TAX Energy Fairness for America Act’’. tion 291(b)(4) of the Internal Revenue Code of CREDIT.— (c) NATURAL GAS DISTRIBUTION LINES 1986) which has an average daily worldwide (1) YEARS BEFORE 2007.—Paragraph (1) of TREATED AS 15-YEAR PROPERTY.—Section production of crude oil of at least 500,000 bar- section 904(d) (relating to separate applica- 168(e)(3)(E)(viii) is amended by striking rels for the taxable year and which had gross tion of section with respect to certain cat- ‘‘January 1, 2011’’ and inserting ‘‘the date of receipts in excess of $1,000,000,000 for its last egories of income), as in effect for years be- the enactment of the Energy Fairness for taxable year ending during calendar year ginning before 2007, is amended by striking America Act’’. 2005. For purposes of this subsection all per- ‘‘and’’ at the end of subparagraph (H), by re- (d) NATURAL GAS GATHERING LINES TREAT- sons treated as a single employer under sub- designating subparagraph (I) as subpara- ED AS 7-YEAR PROPERTY.—Section sections (a) and (b) of section 52 of the Inter- graph (J), and by inserting after subpara- 168(e)(3)(C)(iv) is amended by inserting ‘‘, and nal Revenue Code of 1986 shall be treated as graph (H) the following new subparagraph: before the date of the enactment of the En- 1 person and, in the case of a short taxable ‘‘(I) foreign oil and gas income, and’’. ergy Fairness for America Act’’ after ‘‘April year, the rule under section 448(c)(3)(B) shall (2) 2007 AND AFTER.—Paragraph (1) of sec- 11, 2005’’. apply. tion 904(d), as in effect for years beginning after 2006, is amended by striking ‘‘and’’ at (e) DETERMINATION OF SMALL REFINER EX- SEC. 8. MODIFICATIONS OF FOREIGN TAX CREDIT CEPTION TO OIL DEPLETION DEDUCTION.—Sec- RULES APPLICABLE TO DUAL CA- the end of subparagraph (A), by striking the tion 1328(b) of the Energy Policy Act of 2005 PACITY TAXPAYERS. period at the end of subparagraph (B) and in- is amended by inserting ‘‘and beginning be- (a) IN GENERAL.—Section 901 (relating to serting ‘‘, and’’, and by adding at the end the fore the date of the enactment of the Energy credit for taxes of foreign countries and of following: Fairness for America Act’’ after ‘‘this Act’’. possessions of the United States) is amended ‘‘(C) foreign oil and gas income.’’ (b) DEFINITION.— (f) AMORTIZATION OF GEOLOGICAL AND GEO- by redesignating subsection (m) as sub- (1) YEARS BEFORE 2007.—Paragraph (2) of PHYSICAL EXPENDITURES.—Section 167(h) is section (n) and by inserting after subsection section 904(d), as in effect for years begin- amended by adding at the end the following (l) the following new subsection: ning before 2007, is amended by redesignating new paragraph: ‘‘(m) SPECIAL RULES RELATING TO DUAL subparagraphs (H) and (I) as subparagraphs ‘‘(5) TERMINATION.—This subsection shall CAPACITY TAXPAYERS.— (I) and (J), respectively, and by inserting not apply to any taxable year beginning ‘‘(1) GENERAL RULE.—Notwithstanding any after subparagraph (G) the following new after the date of the enactment of the En- other provision of this chapter, any amount subparagraph: ergy Fairness for America Act.’’. paid or accrued by a dual capacity taxpayer ‘‘(H) FOREIGN OIL AND GAS INCOME.—The (g) EFFECTIVE DATE.—The amendments to a foreign country or possession of the term ‘foreign oil and gas income’ has the made by this section shall take effect on and United States for any period shall not be meaning given such term by section 954(g).’’ after the date of the enactment of this Act. considered a tax— (2) 2007 AND AFTER.—Section 904(d)(2), as in ‘‘(A) if, for such period, the foreign country SEC. 7. REVALUATION OF LIFO INVENTORIES OF effect for years after 2006, is amended by re- or possession does not impose a generally ap- LARGE INTEGRATED OIL COMPA- designating subparagraphs (J) and (K) as NIES. plicable income tax, or subparagraphs (K) and (L) and by inserting (a) GENERAL RULE.—Notwithstanding any ‘‘(B) to the extent such amount exceeds the after subparagraph (I) the following: other provision of law, if a taxpayer is an ap- amount (determined in accordance with reg- ‘‘(J) FOREIGN OIL AND GAS INCOME.—For plicable integrated oil company for its last ulations) which— purposes of this section— taxable year ending in calendar year 2005, ‘‘(i) is paid by such dual capacity taxpayer ‘‘(i) IN GENERAL.—The term ‘foreign oil and the taxpayer shall— pursuant to the generally applicable income gas income’ has the meaning given such (1) increase, effective as of the close of tax imposed by the country or possession, or term by section 954(g). such taxable year, the value of each historic ‘‘(ii) would be paid if the generally applica- ‘‘(ii) COORDINATION.—Passive category in- LIFO layer of inventories of crude oil, nat- ble income tax imposed by the country or come and general category income shall not ural gas, or any other petroleum product possession were applicable to such dual ca- include foreign oil and gas income (as so de- (within the meaning of section 4611) by the pacity taxpayer. fined).’’ layer adjustment amount, and Nothing in this paragraph shall be construed (c) CONFORMING AMENDMENTS.— (2) decrease its cost of goods sold for such to imply the proper treatment of any such (1) Section 904(d)(3)(F)(i) is amended by taxable year by the aggregate amount of the amount not in excess of the amount deter- striking ‘‘or (E)’’ and inserting ‘‘(E), or (I)’’. increases under paragraph (1). mined under subparagraph (B). (2) Section 907(a) is hereby repealed. If the aggregate amount of the increases ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- (3) Section 907(c)(4) is hereby repealed. under paragraph (1) exceed the taxpayer’s poses of this subsection, the term ‘dual ca- (4) Section 907(f) is hereby repealed. cost of goods sold for such taxable year, the pacity taxpayer’ means, with respect to any (d) EFFECTIVE DATES.— taxpayer’s gross income for such taxable foreign country or possession of the United (1) IN GENERAL.—The amendments made by year shall be increased by the amount of States, a person who— this section shall apply to taxable years be- such excess. ‘‘(A) is subject to a levy of such country or ginning after the date of the enactment of (b) LAYER ADJUSTMENT AMOUNT.—For pur- possession, and this Act. poses of this section— ‘‘(B) receives (or will receive) directly or (2) YEARS AFTER 2006.—The amendments (1) IN GENERAL.—The term ‘‘layer adjust- indirectly a specific economic benefit (as de- made by paragraphs (1)(B) and (2)(B) shall ment amount’’ means, with respect to any termined in accordance with regulations) apply to taxable years beginning after De- historic LIFO layer, the product of— from such country or possession. cember 31, 2006. (A) $18.75, and ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— (3) TRANSITIONAL RULES.— (B) the number of barrels of crude oil (or in For purposes of this subsection— (A) SEPARATE BASKET TREATMENT.—Any the case of natural gas or other petroleum ‘‘(A) IN GENERAL.—The term ‘generally ap- taxes paid or accrued in a taxable year be- products, the number of barrel-of-oil equiva- plicable income tax’ means an income tax ginning on or before the date of the enact- lents) represented by the layer. (or a series of income taxes) which is gen- ment of this Act, with respect to income (2) BARREL-OF-OIL EQUIVALENT.—The term erally imposed under the laws of a foreign which was described in subparagraph (I) of ‘‘barrel-of-oil equivalent’’ has the meaning country or possession on income derived section 904(d)(1) of such Code (as in effect on given such term by section 29(d)(5) (as in ef- from the conduct of a trade or business with- the day before the date of the enactment of fect before its redesignation by the Energy in such country or possession. this Act), shall be treated as taxes paid or Tax Incentives Act of 2005). ‘‘(B) EXCEPTIONS.—Such term shall not in- accrued with respect to foreign oil and gas (c) APPLICATION OF REQUIREMENT.— clude a tax unless it has substantial applica- income to the extent the taxpayer estab- (1) NO CHANGE IN METHOD OF ACCOUNTING.— tion, by its terms and in practice, to— lishes to the satisfaction of the Secretary of Any adjustment required by this section ‘‘(i) persons who are not dual capacity tax- the Treasury that such taxes were paid or ac- shall not be treated as a change in method of payers, and crued with respect to foreign oil and gas in- accounting. ‘‘(ii) persons who are citizens or residents come. (2) UNDERPAYMENTS OF ESTIMATED TAX.—No of the foreign country or possession.’’ (B) CARRYOVERS.—Any unused oil and gas addition to the tax shall be made under sec- (b) EFFECTIVE DATE.— extraction taxes which under section 907(f) of tion 6655 of the Internal Revenue Code of 1986 (1) IN GENERAL.—The amendments made by such Code (as so in effect) would have been (relating to failure by corporation to pay es- this section shall apply to taxes paid or ac- allowable as a carryover to the taxpayer’s timated tax) with respect to any under- crued in taxable years beginning after the first taxable year beginning after the date of payment of an installment required to be date of the enactment of this Act. the enactment of this Act (without regard to

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3714 CONGRESSIONAL RECORD — SENATE April 27, 2006 the limitation of paragraph (2) of such sec- windfall profits tax, lowering the tax rate on gether to form ‘‘Mynesha’s Circle’’ to tion 907(f) for first taxable year) shall be al- the windfall profits they are currently enjoy- find solutions to the plague of gang vi- lowed as carryovers under section 904(c) of ing. olence and to help San Bernardino’s such Code in the same manner as if such SEC. 3. DENIAL OF DEDUCTION FOR INCOME AT- young people grow up safe, finish taxes were unused taxes under such section TRIBUTABLE TO DOMESTIC PRO- school, and succeed in life. 904(c) with respect to foreign oil and gas ex- DUCTION OF OIL, NATURAL GAS, OR traction income. PRIMARY PRODUCTS THEREOF. I applaud Mayor Patrick Morris, Po- (C) LOSSES.—The amendment made by sub- (a) IN GENERAL.—Subparagraph (B) of sec- lice Chief Michael Billdt, community section (c)(3) shall not apply to foreign oil tion 199(c)(4) of the Internal Revenue Code of leaders Kent Paxton and Rev. Reggie and gas extraction losses arising in taxable 1986 (relating to exceptions) is amended by Beamon and Robert Balzer, the pub- years beginning on or before the date of the striking ‘‘or’’ at the end of clause (ii), by lisher of the San Bernardino Sun, for enactment of this Act. striking the period at the end of clause (iii) taking up this cause. SEC. 10. ELIMINATION OF DEFERRAL FOR FOR- and inserting ‘‘, or’’, and by inserting after I want to also thank all the other EIGN OIL AND GAS EXTRACTION IN- clause (iii) the following new clause: members of ‘‘Mynesha’s Circle’’ Sheryl COME. ‘‘(iv) the production, refining, processing, Alexander, Betty Dean Anderson, Don- transportation, or distribution of oil, natural (a) GENERAL RULE.—Paragraph (1) of sec- ald Baker, Fred Board, Ruddy Bravo, tion 954(g) (defining foreign base company oil gas, or any primary product thereof.’’. related income) is amended to read as fol- (b) CONFORMING AMENDMENTS.—Section Hardy Brown, Cheryl Brown, Mark and lows: 199(c)(4) of such Code is amended— Katrina Cato, Larry Ciecalone, ‘‘(1) IN GENERAL.—Except as otherwise pro- (1) in subparagraph (A)(i)(III) by striking Stephani Congdon, San Bernardino vided in this subsection, the term ‘foreign oil ‘‘electricity, natural gas,’’ and inserting City Schools Superintendent Arturo and gas income’ means any income of a kind ‘‘electricity’’, and Delgado, Tim Evans, San Bernardino which would be taken into account in deter- (2) in subparagraph (B)(ii) by striking County Schools Superintendent Herb mining the amount of— ‘‘electricity, natural gas,’’ and inserting Fischer, Rialto Schools Superintendent ‘‘(A) foreign oil and gas extraction income ‘‘electricity’’. Edna Herring, Sheriff Rod Hoops, (c) EFFECTIVE DATE.—The amendments (as defined in section 907(c)), or Syeda Jafri, Walter Jarman, Rev. ‘‘(B) foreign oil related income (as defined made by this section shall apply to taxable in section 907(c)).’’ years beginning after December 31, 2005. David Kalke, CSU President Al Karnig, (b) CONFORMING AMENDMENTS.— William Leonard, Sheriff Gary Penrod, (1) Subsections (a)(5), (b)(5), and (b)(6) of By Mrs. BOXER (for herself and DA Michael Ramos, Sandy Robbins, section 954, and section 952(c)(1)(B)(ii)(I), are Mrs. FEINSTEIN): Doug Rowand, Larry Sharp, Ron Stark, each amended by striking ‘‘base company oil S. 2671. A bill to provide Federal co- Tori Stordahl, Heck Thomas, David related income’’ each place it appears (in- ordination and assistance in preventing Torres, Mark Uffer, San Bernardino cluding in the heading of subsection (b)(8)) gang violence; to the Committee on the Police Chief Gary Underwood, and inserting ‘‘oil and gas income’’. Councilmember Rikke Van Johnson, (2) Subsection (b)(4) of section 954 is Judiciary. amended by striking ‘‘base company oil-re- Mrs. BOXER. Mr. President I rise Bobby Vega, and the Sun Reader Advi- lated income’’ and inserting ‘‘oil and gas in- today with my colleague Senator FEIN- sory Board members: Daniel Blakely, come’’. STEIN to introduce a bill to combat Barbara Lee Harn Covey, Mark Henry, (3) The subsection heading for subsection gang violence and honor a young girl Julie Hernandez, Lynette Kaplan, (g) of section 954 is amended by striking from California, Mynesha Crenshaw, Brenda Mackey, James Magnuson, Ju- ‘‘FOREIGN BASE COMPANY OIL RELATED IN- who was killed last year in a tragic lian Melendez, Ernest Ott, Jeffrey COME’’ and inserting ‘‘FOREIGN OIL AND GAS shooting. Pryor, John Ragsdale, Glenda Ran- INCOME’’. dolph, Nora Taylor, and David Torres. (4) Subparagraph (A) of section 954(g)(2) is On November 13, 2005, a gang-related dispute broke out in San Bernardino, I have pledged to do what I can at the amended by striking ‘‘foreign base company Federal level to help San Bernardino. oil related income’’ and inserting ‘‘foreign CA and gunfire sprayed an apartment oil and gas income’’. building, killing 11-year old Mynesha And that is why today I am intro- (c) EFFECTIVE DATE.—The amendments Crenshaw and seriously wounding her ducing ‘‘Mynesha’s Law,’’ with my col- made by this section shall apply to taxable 14-year old sister as they ate Sunday league, Senator FEINSTEIN. ‘‘Mynesha’s Law’’ will create an years of foreign corporations beginning after dinner with their family. the date of the enactment of this Act, and to interagency Task Force at the Federal Imagine the fear and anguish the taxable years of United States shareholders level, including the Departments of family and the community still feel ending with or within such taxable years of Justice, Education, Labor, Health and over this tragedy a young girl, full of foreign corporations. Human Services, and Housing and hope and promise, dead. Her big sister, Urban Development, to take a com- S. 2672 wounded from the same gunfire, prehensive approach to reducing gang Be it enacted by the Senate and House of Rep- though thankfully she subsequently re- violence and targeting resources at the resentatives of the United States of America in covered. Imagine the fear that this Congress assembled, communities in our nation most at could happen again. Our hearts and our risk. The resources will come from SECTION 1. SHORT TITLE. prayers go out to Mynesha’s family and This Act may be cited as the ‘‘Restore a proven existing Federal programs, in- to the entire community, which like so cluding Child Care Block Grants, Head Rational Tax Rate on Petroleum Production many others across the United States, Act of 2006’’. Start, Even Start, Job Corps, COPS, has struggled with gang violence. SEC. 2. FINDINGS. Byrne Grants and other programs the The Congress finds that— Last year, there were 58 homicides in Task Forces chooses. (1) like many other countries, the United San Bernardino, a city of 200,000 east of Communities will be able to apply to States has long provided export-related ben- Los Angeles, and 13 more homicides so the Department of Justices for designa- efits under its tax law, far this year. And just last month, two tion as a ‘‘High-Intensity Gang Activ- (2) producers and refiners of oil and natural men were caught in a gang-related ity Area’’ and then be eligible to re- gas were specifically denied the benefits of crossfire and died in Downtown San ceive targeted assistance from the those export-related tax provisions, Bernardino. This has to stop. It is a Task Force. (3) those export-related tax provisions were waste of life; it is unacceptable. successfully challenged by the European The Task Force will be required to Union as being inconsistent with our trade San Bernardino’s diverse population report annually to Congress on the best agreements, of young people and their families face practices and outcomes among the (4) the Congress responded by repealing the many challenges, but San Bernardino High-Intensity Gang Activity Areas export-related benefits and enacting a sub- also has a vibrant and united commu- and on the adequacy of Federal funding stitute benefit that was an effective rate re- nity, strong leadership, and a desire to to meet the needs of these areas. If the duction for United States manufacturers, come together to improve their city. Task Force identifies any pro- (5) producers and refiners of oil and natural Mynesha Crenshaw’s death galva- grammatic shortfalls in addressing gas were made eligible for the rate reduction nized over 1,000 residents to take to the even though they suffered no detriment from gang prevention, the report will also repeal of the export-related benefits, and streets, demanding change. And some include a request for new funding or re- (6) the decision to provide the effective 40 community and religious leaders, programming of existing funds to meet rate reduction to producers and refiners of public officials, and concerned citizens the shortfalls and the bill authorizes oil and natural gas has operated as a reverse from San Bernardino have joined to- such sums to be appropriated.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3715 In addition to ‘‘Mynesha’s Law,’’ I gang violence through enhanced law enforce- (8) the Gang Resistance Education and am seeking a $1 million appropriation ment and criminal penalties; and Training projects under subtitle X of title III that the city of San Bernardino has re- (6) more Federal resources and coordina- of the Violent Crime Control and Law En- quested to implement a comprehensive tion are needed to reduce gang violence forcement Act of 1994 (42 U.S.C. 13921); through proven and proactive prevention and (9) any program administered by the Office gang intervention and prevention intervention programs that focus on keeping of Community Oriented Policing Services; strategy called ‘‘San Bernardino Gang at-risk youth in school and out of the crimi- (10) the Juvenile Accountability Block Free Schools.’’ The program would nal justice system. Grant program under part R of title I of the fund 10 probation officers to provide SEC. 3. DESIGNATION AS A HIGH-INTENSITY Omnibus Crime Control and Safe Streets Act gang resistance and education training GANG ACTIVITY AREA. of 1968 (42 U.S.C. 3796ee et seq.); to 57,000 students, as well as case man- (a) IN GENERAL.—A unit of local govern- (11) the Edward Byrne Memorial Justice agement and oversight for at-risk ment, city, county, tribal government, or a Assistance Grant Program under subpart 1 of youth. group of counties (whether located in 1 or part E of title I of the Omnibus Crime Con- more States) may submit an application to trol and Safe Streets Act of 1968 (42 U.S.C. I am also requesting a $3 million ap- the Attorney General for designation as a propriation to renovate and equip what 3750 et seq.); and High-Intensity Gang Activity Area. (12) any other program that the Task may be the most important organiza- (b) CRITERIA.— Force determines to be appropriate. tion for at-risk young people in the (1) IN GENERAL.—The Attorney General (d) REPORTING REQUIREMENTS.— area the Boys and Girls Club of San shall establish criteria for reviewing applica- (1) IN GENERAL.—Not later than February 1 Bernardino. tions submitted under subsection (a). of each year, the Task Force shall submit to The Boys and Girls Club is one of the (2) CONSIDERATIONS.—In establishing cri- Congress and the Attorney General a report few safe and supportive places in San teria under subsection (a) and evaluating an on the funding needs and programmatic out- Bernardino where young people can go application for designation as a High-Inten- comes for each area designated as a High-In- sity Gang Activity Area, the Attorney Gen- tensity Gang Activity Area. after school to get help with homework eral shall consider— or play sports with their friends. Many (2) CONTENTS.—Each report under para- (A) the current and predicted levels of gang graph (1) shall include— community leaders believe the Boys crime activity in the area; (A) an evidence-based analysis of the best and Girls Club is one of the best gang (B) the extent to which violent crime in practices and outcomes among the areas des- prevention programs in San Bernardino the area appears to be related to criminal ignated as High-Intensity Gang Activity and has helped many young people stay gang activity; Areas; and in school and out of trouble. (C) the extent to which the area is already (B) an analysis of the adequacy of Federal This tragic shooting of Mynesha engaged in local or regional collaboration re- funding to meet the needs of each area des- Crenshaw symbolizes the struggle that garding, and coordination of, gang preven- ignated as a High-Intensity Gang Activity tion activities; and Area and, if the Task Force identifies any so many communities across the (D) such other criteria as the Attorney United States, like San Bernardino, programmatic shortfalls in addressing gang General determines to be appropriate. prevention, a request for new funding or re- face in combating gang violence and SEC. 4. PURPOSE OF THE TASK FORCE. programming of existing funds to meet such serves as a reminder of the nationwide (a) IN GENERAL.—In order to coordinate shortfalls. problem we face in protecting our chil- Federal assistance to High-Intensity Gang SEC. 5. AUTHORIZATION OF APPROPRIATIONS. dren from senseless violence. I believe Activity Areas, the Attorney General shall There are authorized to be appropriated ‘‘Mynesha’s Law’’ will help the chil- establish an Interagency Gang Prevention such sums as are necessary to meet any dren of San Bernardino, and across our Task Force (in this Act referred to as the needs identified in any report submitted ‘‘Task Force’’), consisting of a representa- under section 4(d)(1). nation, grow up safely so they can tive from— reach their dreams. (1) the Department of Justice; By Mr. AKAKA (for himself, Mr. I ask unanimous consent that the (2) the Department of Education; INOUYE, Mr. BAUCUS, and Mr. text of the bill be printed in the (3) the Department of Labor; JOHNSON): RECORD. (4) the Department of Health and Human S. 2674. A bill to amend the Native There being no objection, the text of Services; and the bill was ordered to be printed in (5) the Department of Housing and Urban American Languages Act to provide for the support of Native American lan- the RECORD, as follows: Development. (b) COORDINATION.—For each High-Inten- guage survival schools, and for other S. 2671 sity Gang Activity Area designated by the purposes; to the Committee on Indian Be it enacted by the Senate and House of Rep- Attorney General under section 3, the Task Affairs. resentatives of the United States of America in Force shall— Congress assembled, Mr. AKAKA. Mr. President, I rise (1) coordinate the activities of the Federal today to introduce a bill that would SECTION 1. SHORT TITLE. Government to create a comprehensive gang This Act may be cited as ‘‘Mynesha’s prevention response, focusing on early child- amend the Native American Languages Law’’. hood intervention, at-risk youth interven- Act, NALA, that was enacted into law SEC. 2. FINDINGS. tion, literacy, employment, and community on October 30, 1990, to promote the Congress finds— policing; and rights and freedom of Native Ameri- (1) with an estimated 24,500 gangs oper- (2) coordinate its efforts with local and re- cans to use, practice, and develop Na- ating within the United States, gang vio- gional gang prevention efforts. tive American languages. Since 1990, lence and drug trafficking remain serious (c) PROGRAMS.—The Task Force shall awareness and appreciation of Native problems throughout the country, causing prioritize the needs of High-Intensity Gang injury and death to innocent victims, often Activity Areas for funding under— languages has grown. Continued action children; (1) the Child Care and Development Block and investment in the preservation of (2) on November 13, 2005, a gang-related Grant Act of 1990 (42 U.S.C. 9858 et seq.); Native languages is needed. I am dispute broke out in San Bernardino, Cali- (2) the Even Start programs under subpart pleased to be joined by my colleagues, fornia, and gunfire sprayed an apartment 3 of part B of title I of the Elementary and Senators DANIEL K. INOUYE and MAX building, killing 11-year old Mynesha Cren- Secondary Education Act of 1965 (20 U.S.C. BAUCUS, as we seek to improve the cul- shaw and seriously wounding her 14-year old 6381 et seq.); tural and educational opportunities sister as they ate Sunday dinner with their (3) the Healthy Start Initiative under sec- available to Native Americans family; tion 330H of the Public Health Services Act (3) this tragic shooting symbolizes the (42 U.S.C. 254c-8); throughout our Nation. struggle that so many communities across (4) the Head Start Act (42 U.S.C. 9831 et Historians and linguists estimate the United States, like San Bernardino, face seq.); that there were more than 300 distinct in combating gang violence, and serves as a (5) the 21st Century Community Learning Native languages at the time of first reminder of the nationwide problem of pro- Centers program under part B of title IV of European contact with North America. tecting children from senseless violence; the Elementary and Secondary Education Today, there are approximately 155 Na- (4) according to the National Drug Threat Act of 1965 (20 U.S.C. 7171 et seq.); tive languages that remain and 87 per- Assessment, criminal street gangs are re- (6) the Job Corps program under subtitle C cent of those languages have been clas- sponsible for the distribution of much of the of title I of the Workforce Investment Act of sified as deteriorating or nearing ex- cocaine, methamphetamine, heroin, and 1998 (29 U.S.C. 2881 et seq.); other illegal drugs throughout the United (7) the community development block tinction. Native communities across States; grant program under title I of the Housing the country are being significantly im- (5) the Federal Government has made an and Community Development Act of 1974 (42 pacted as individuals fluent in a Native increased commitment to the suppression of U.S.C. 5301 et seq.); language are passing away. These

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3716 CONGRESSIONAL RECORD — SENATE April 27, 2006 speakers are not only important in per- out changing our quality of life by in- work jointly with others are a complex petuating the language itself, but also vesting in fuel-efficient cars. patchwork of temporary authorities, serve as repositories of invaluable The Federal Government must set an which have resulted in differing inter- knowledge pertaining to customs and example to the American public by im- pretations and lengthy procedures. Ad- traditions, as well as resource use and proving the Nation’s fleet. Each year, ditionally, the existing authorities management. the Federal Government purchases need enhancements to accommodate The Native American Languages Act 58,000 passenger vehicles. According to today’s resources conservation needs Amendments Act of 2006 would amend the Department of Energy, the average and allow for the delivery of a range of NALA to authorize the Secretary of fuel economy of the new vehicles pur- visitor services and interpretive and Education to provide funds to establish chased for the fleet in 2005 was an abys- educational materials. Native American language nest and mal 21.4 miles per gallon. The Forest Service Partnership En- survival school programs. Nest and sur- In an era, where hybrid cars on the hancement Act will better enable coop- vival school programs are site-based market that can achieve over 50 miles erative work with the Forest Service education programs conducted through per gallon (mpg), that level of fuel by consolidating and providing perma- a Native American language. These economy is unacceptable. nent authority for mutually-beneficial programs have played an integral role Instead, our government needs to agreements with the Forest Service. in bringing together elders and youth purchase fuel-efficient cars, SUVs, and The legislation would also enable visi- to cultivate and perpetuate Native other light trucks. tors to purchase health and safety American languages. My bill would es- This can be done today. I drive a items in remote Forest Service loca- tablish at least four demonstration Toyota Prius that gets over 50 mpg. tions and permit joint facilities and programs in geographically diverse lo- The Ford Escape SUV can get 36 mpg. publications, which benefit the public. cations to provide assistance to nest To have the Federal Government set In fiscal year 2005 alone, the Forest and survival schools and participate in an example for the American public Service entered into more than 3,000 a national study on the linguistic, cul- and to create a larger market for fuel- cooperative agreements that would be tural, and academic effects of Native efficient vehicles, I am introducing the permanently authorized through this American language nest and survival ‘‘Fuel-Efficient Fleets Act of 2006.’’ legislation. These agreements lever- schools. Demonstration programs This legislation would require all aged $37.3 million in Federal funds with would be authorized to establish en- new Federal fleet vehicles to obtain a $32.8 million in private contributions dowments for furthering activities re- minimum miles per gallon based on ve- for a total of more than $70 million lated to the study and preservation of hicle type. The new fuel efficiency worth of mutually-beneficial collabo- Native American languages and to use standards would be as follows: 45 mpg rative successes. In my home State of funds to provide for the rental, lease, for cars, 36 mpg for SUVs, 24 mpg for Idaho, the Forest Service entered into purchase, construction, maintenance, pickup trucks, 20 mpg for minivans, a public-private partnership for the and repair of facilities. and 15 mpg for vans. construction of 1900 feet of new channel As Americans, it is our responsibility The bill establishes a phase-in sched- and associated flood plain on Granite to perpetuate our Native languages ule over 4 years to allow for flexibility Creek. This project restores habitat that have shaped our collective iden- in purchasing new cars. connectivity to approximately 6 miles tity and contributed to our history. Additionally, the bill has a provision of stream. The cooperative work of the For example, during World War II, the to allow the standards to be increased Forest Service, Avista Utilities, the United States employed Native Amer- if technological advances allow fuel Idaho Department of Fish and Game, ican code talkers who developed secret economy to improve. the U.S. Fish and Wildlife Service, and means of communication based on Na- Finally, the bill authorizes $100 mil- 15 volunteers from Trout Unlimited en- tive languages. The actions of the code lion in incentive grants for the States’ abled the leveraging of $60,000 of Forest talkers were critical to our winning fleets to match or exceed the Federal Service funds with $120,000 from the the war and to saving numerous lives. standards. participating partners. My legislation would serve as another I urge my colleagues to support the Collaboration is necessary to bring opportunity for our country to ac- bill. This will be a good step to use less lasting conservation success. The For- knowledge and ensure that our future gasoline in this country. est Service Partnership Act would en- will be enhanced by the contributions hance the ability of the Forest Service of Native language and culture. By Mr. CRAPO (for himself and to partner with other Federal agencies, I urge my colleagues to join me in Mrs. LINCOLN): local communities, tribal governments, supporting this legislation to enhance S. 2676. A bill to authorize the Sec- and other interested parties, and I en- the cultural and educational opportu- retary of Agriculture to enter into courage the commitment to collabo- nities for Native Americans and Native partnership agreements with entities rative conservation by supporting this American language speaking individ- and local communities to encourage legislation. uals. greater cooperation in the administra- tion of Forest Service activities on the By Ms. CANTWELL (for herself, Mrs. BOXER: near National Forest System land, and Mr. BIDEN, and Mr. LEAHY): S. 2675. A bill to amend title 49, for other purposes; to the Committee S. 2681. A bill to amend title 10, United States Code, to set minimum on Agriculture, Nutrition, and For- United States Code, to provide for re- fuel economy requirements for federal estry. ports on the withdrawal or diversion of vehicles, to authorize grants to States Mr. CRAPO. Mr. President, last Au- equipment from Reserve units to other to purchase fuel efficient vehicles, and gust I participated in the White House Reserve units being mobilized, and for for other purposes; to the Committee Conference on Cooperative Conserva- other purposes; to the Committee on on Commerce, Science, and Transpor- tion. The conference reinforced that Armed Services. tation. conservation success can be achieved Ms. CANTWELL. Mr. President, I Mrs. BOXER. Mr. President, I rise by collaboration. Many of the advance- rise today to introduce the National today to introduce a bill that will in- ments in conservation result from the Guard Equipment Accountability Act. crease the fuel economy for our Na- commitment of individuals to work to- I want to thank my colleagues, the tion’s Federal fleet. gether and with local and Federal Senator from Delaware, Senator BIDEN, Americans are facing record high agencies. Cooperative conservation re- and the co-chair of the Senate National gasoline prices at over $3 per gallon. In quires cooperative legislation. Guard Caucus the Senator from some places in my State of California, That is why I rise to introduce the Vermont, Senator LEAHY, who have co- people are paying over $4 per gallon. Forest Service Partnership Act, which sponsored this important piece of legis- Oil is selling for over $75 per barrel. will enhance the ability of the Forest lation. We need to say ‘‘enough is enough.’’ Service to work cooperatively with As a Nation, we have a solemn duty We need to reduce our dependence on local communities. Unfortunately, the to honor, prepare, and properly equip oil and gasoline. We can do this with- authorities for the Forest Service to all of our men and women in uniform.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3717 That includes our Reserves and Na- The National Guard Equipment Ac- Most units had 65 to 79 percent of what tional Guard. countability Act would require a com- they needed. So they started the war The National Guard and Reserves prehensive report about all transferred short. represent an essential element of our equipment. Within 90 days of diverting Second, in 2003 the Army began a pol- national defense, confronting our en- equipment from any reserve unit to an- icy of leaving equipment in Iraq to re- emies in distant lands and responding other reserve unit or to active duty duce transportation costs and to make to threats of terror right here within forces, the Secretary of the Army or sure that those in Iraq would have our own borders. In Washington State, Air Force would be required to report what they needed. The Defense Depart- we face threats from volcanoes, it to the Secretary of Defense. ment estimates that the Army Guard tsunamis, and other natural disasters. The report must also include a plan has left over $1.7 billion worth of equip- The National Guard played a critical to replace equipment to the original ment in Iraq and Afghanistan. role in the emergency response fol- unit. Further, if a reserve unit returns Unfortunately, the Government Ac- lowing the eruption of Mount St. Hel- from abroad but leaves equipment in countability Office has found that the ens. We have relied on the civil re- the theater of operations, the Depart- Army cannot account for over half of sponse capabilities of the Guard to pro- ment of Defense would be required to these items and, even worse, the Army tect our communities from wildfires, provide a replacement plan for equip- has no plan for replacing the equip- floods, and to secure our skies in the ment to facilitate continued training. ment. uncertain hours after 9/11. More re- Finally, my amendment would re- Third, the Army has a huge equip- cently, in the aftermath of Hurricane quire a signed Memorandum of Under- ment bill because the equipment in Katrina, the National Guard responded standing specifying exactly how with- Iraq is being worn out at two to nine with urgency and compassion. drawn equipment will be tracked and times the rate planned for and the There are approximately 30,000 mem- when that equipment will be returned. Army is trying to transform itself into bers of the National Guard currently Given the current equipment situa- a modular force with entirely new and deployed to places like Iraq and Af- tion, my legislation’s provisions are different equipment. ghanistan. About 500 members of the crucial. Our soldiers have chosen to fol- So, I understand why we have equip- Washington National Guard are among low a noble and selfless path. We have ment shortages. What I don’t under- them. a responsibility to give our active stand is why the Secretary of Defense The men and women who serve in the duty, reserve units, and the men and doesn’t have a plan to fix the short- National Guard are making a great women of the National Guard, the very ages. sacrifice, fulfilling a distinct and im- best resources so they may fulfill their In April of 2005, the Department of portant responsibility. And we owe mission as safely and effectively as Defense issued a policy directive that them all of the resources necessary to possible. said every time equipment is taken safely and effectively achieve their We must do so today and everyday from a Reserve unit, a plan had to be mission. for their sacrifice is immense and our Right now, there is simply too much developed within 90 days to replace gratitude is profound. uncertainty and when it comes to that equipment. Mr. BIDEN. Mr. President, first, I maintaining adequate equipment levels It’s been a full year since the policy want to thank Senator CANTWELL for for our National Guard. was made official and yet States across When our Reserves and National her leadership on this issue. This bill is the country are desperately short of Guard are deployed on operations over- a direct result of what we have seen needed equipment and have not seen seas, they are deployed with equipment traveling through our States and over- any plans. from their unit. seas. Our legislation would simply make While serving abroad, their equip- Every time I travel to Iraq and Af- 000 live up to its rhetoric and provide ment becomes integrated with the ghanistan, I am struck by the commit- the plans it has promised. greater mission. As a result, when our ment and professionalism of the men There is more that we need to do to men and women return home their and women of our military. They honor address equipment shortages through- equipment does not often return with America with their service and dedica- out all of our ground forces, but at a them. tion. minimum we should all be able to And too often there is no established What is also noticeable to those of us agree to start by following the current plan or process to replace or even track who have been around for awhile is policy of the Defense Department and that equipment once it’s been left be- that it is impossible to tell who is in make a plan to replace equipment that hind. As a result, too many of our Na- the Guard, the Reserves, or the Active is not being returned to State units. tional Guard units are left under- Duty. equipped—lacking the necessary equip- Unfortunately, when those same By Mr. NELSON of Florida: ment for training or to respond to do- brave men and women return home, it S. 2682. A bill to exclude from admis- mestic civil emergencies. is often to units lacking the most basic sion to the United States aliens who The numbers are clear: According to equipment—radios, trucks, and engi- have made investments directly and the Department of Defense, the Army neering equipment. significantly contributing to the en- National Guard has left more than This is not ‘‘nice to have’’ equip- hancement of the ability of Cuba to de- 75,000 items valued at $1.7 Billion over- ment. It is the essential stuff, the most velop its petroleum resources, and for seas in support of ongoing military op- basic equipment, needed to respond to other purposes; to the Committee on erations. natural disasters or perform homeland the Judiciary. Last October, the Government Ac- defense missions. Mr. NELSON of Florida. Mr. Presi- countability Office found that at the When a governor calls the State Ad- dent, I rise today to respond to the time the Army could not account for jutant-General because there has been comments of several of our Senate col- more than half of all items left behind a major winter storm, severe flooding, leagues. Many of my friends across the and has not committed to an equip- or any natural disaster, that governor aisle have recently spoken about Fidel ment replacement plan, as Department expects the National Guard to have the Castro’s announcement that he plans of Defense (DoD) policy requires. ability to get to the disaster area, as- to begin drilling for oil off the coast of Given the amount of equipment left sist those in need, and communicate Cuba. This means that oil rigs will be behind in total, National Guard Units with State and Federal leaders and operating just 50 miles from the Coast in other States are surely facing a others responding. of Florida and near the Florida Keys similar situation. Today, many State Guard units may National Marine Sanctuary. My col- The provisions of my legislation not be able to do those basic tasks be- leagues argue that if Castro can drill 50 would simply codify provisions of De- cause they do not have the equipment miles from Florida, American compa- partment of Defense policy that are they need. nies must have the right to meet them critical to providing our men and Why not? Three reasons. on the same playing field and beat women in uniform with the protection First, for years the Guard was not them at their own game. This line of and resources they deserve. given all of the equipment it needed. reasoning, however, has several flaws.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3718 CONGRESSIONAL RECORD — SENATE April 27, 2006 Since when have we made any law or mental research, we know better than ‘‘SEC. 402. EXCLUSION FROM THE UNITED STATES set any business or environmental ever that the real value lies in pro- OF ALIENS WHO DIRECTLY AND SIG- NIFICANTLY CONTRIBUTE TO THE standard using Cuba as a model? I am tecting the tourism industry and its ABILITY OF CUBA TO DEVELOP PE- astounded that we would attempt to environmental foundation. I refuse to TROLEUM RESOURCES OFF OF justify our actions by holding up Cas- see the long-standing consensus CUBA’S NORTH COAST. tro’s actions as an example to follow. against drilling off of Florida scrapped ‘‘(a) IN GENERAL.—The Secretary of State The answer to Castro’s outrageous shall deny a visa to, and the Attorney Gen- for the sake of ‘‘keeping up with the eral and the Secretary of Homeland Security proposal to drill 50 miles from Florida Castros.’’ shall exclude from the United States, any is not to kick off a race to see who can And, finally, I would like to draw my alien who the Secretary of State determines set up the most rigs in our precious colleagues’ attention to the grave con- is a person who— coastal waters—the answer is to hit sequences that oil drilling poses not ‘‘(1) is an officer or principal of an entity, back hard and fast to stop Castro from only to America’s beaches and environ- or a shareholder who owns a controlling in- drilling so close to our shores. terest in an entity, that, after the date of the ment, but also to our national inter- enactment of this section, makes an invest- At the same time, it is important to ests and foreign policy. We must do all keep in mind that this debate, at its ment of $1,000,000 or more (or any combina- we can to prevent Castro from drilling tion of investments that in the aggregate heart, is not about Castro. Preventing for oil so close to the shores of Florida. equals or exceeds $1,000,000 in any 12-month drilling off the coast of Florida is Foreign oil companies must not pro- period), that directly and significantly con- about preserving one of America’s most vide the props to support Castro’s re- tributes to the enhancement of Cuba’s abil- important coastlines: a stretch of pre- gime without facing stiff penalties. ity to develop petroleum resources off of cious land and sea where critical envi- Cuba’s north coast; or For all of these reasons, I am intro- ronmental, economic and military as- ‘‘(2) is a spouse, minor child, or agent of a ducing legislation today that will nul- sets overlap. What is truly important person described in paragraph (1). lify the agreement that defines the ‘‘(b) EXEMPTION.—Subsection (a) shall not to understand in this debate is how in- maritime borders between the United apply if the Secretary of State finds, on a extricably linked these three elements States and Cuba. This agreement was case-by-case basis, that the entry into the of our national interest are: environ- negotiated in 1977—a different era— United States of the person who would other- mental protection is critical to the wise be excluded under this section is nec- when oil drilling so close to our shores tourism industry that is the economic essary for medical reasons or for purposes of was not contemplated. The agreement backbone of the southeastern United litigation of an action under title III. draws a line through the middle of the States, and above it all, our military ‘‘(c) DEFINITIONS.—In this section: 90 miles of ocean that separate our two ‘‘(1) DEVELOP.—The term ‘develop’, with re- uses this protected area for essential countries. Without this line, foreign oil spect to petroleum resources, means the ex- land-, air- and sea exercises and test- companies have no legal basis for ex- ploration for, or the extraction, refining, or ing. ploring in waters that are claimed by transportation by pipeline of, petroleum re- Florida, as a community and an eco- sources. both the U.S. and Cuba. We cannot nomic entity, has worked hard, tre- ‘‘(2) INVESTMENT.— allow this agreement—never ratified by mendously hard, to build a $62 billion ‘‘(A) IN GENERAL.—The term ‘investment’ tourism industry employing nearly 1 the Senate—to enable Castro’s fool- means any of the following activities if such million citizens. This industry would hardy exploration for oil in areas so activity is undertaken pursuant to an agree- not exist on such a large, vital scale near to some of the most pristine ment, or pursuant to the exercise of rights under such an agreement, that is entered without the unique and precious envi- waters in our country. The legislation also takes a second into with the Government of Cuba or a ronment that is the beauty and essence nongovenmental entity in Cuba, on or after of our state. Florida is windswept step to further dissuade foreign oil the date of the enactment of this section: beaches, clear blue water, and the companies from exploring for oil so ‘‘(i) The entry into a contract that in- great ‘‘River of Grass’’ itself—the Ever- close to our coastline. It will bar the cludes responsibility for the development of glades. And all of these wonders of na- Secretary of State from granting visas petroleum resources located in Cuba, or the ture are inhabited by some of Amer- to executives of foreign oil companies entry into a contract providing for the gen- ica’s most beautiful and exotic wildlife: who invest in petroleum development eral supervision and guarantee of another person’s performance of such a contract. manatees, crocodiles, panthers and os- off the North coast of Cuba. This legis- lation, an expansion of the landmark ‘‘(ii) The purchase of a share of ownership, preys. We have learned the hard way including an equity interest, in that develop- that failing to protect our environment Helms-Burton law, is a step in the ment. has deadly consequences, consequences right direction. It is only a first step, ‘‘(iii) The entry into a contract providing that will have a stark impact on the but I call on my colleagues to join me for the participation in royalties, earnings, very tourism industry that support so in preventing a tyrannical dictator or profits in that development, without re- many families in our state. In fact, from drilling for oil so close to our gard to the form of the participation. Congress has invested some $8 billion shores. ‘‘(B) EXCEPTION.—The term ‘investment’ does not include the entry into, performance, in restoring this remarkable eco- I ask unanimous consent that the or financing of a contract to sell or purchase system. Now that investment is put at text of the bill be printed in the goods, services, or technology. risk. RECORD. ‘‘(3) PETROLEUM RESOURCES.—The term ‘pe- In January 1969, an explosion at a There being no objection, the text of troleum resources’ includes petroleum and California offshore drilling site caused the bill was ordered to be printed in natural gas resources.’’. (b) EFFECTIVE DATE.—The amendment a 200,000-gallon crude oil spill off the the RECORD, as follows: coast. While small in comparison to made by this section applies to aliens seek- S. 2682 ing to enter the United States on or after the other spills, that incident dealt a dev- date of the enactment of this Act. astating blow to neighboring beaches Be it enacted by the Senate and House of Rep- and aquatic life. As tides brought an resentatives of the United States of America in Congress assembled, By Mr. BYRD: 800-square-mile slick ashore, oil coated S.J. Res. 35. A joint resolution pro- 35 miles of the coastline, blackening SECTION 1. NULLIFICATION OF MARITIME posing an amendment to the Constitu- BOUNDARY AGREEMENT. beaches and killing thousands of birds, tion of the United States to clarify dolphins, seals, fish and other wildlife. Notwithstanding any other provision of that the Constitution neither prohibits law, the Maritime Boundary Agreement Be- A national outcry followed, and tween the United States of America and the voluntary prayer nor requires prayer in sparked a movement that led to legal Republic of Cuba signed at Washington D.C., schools; to the Committee on the Judi- bans on drilling on the Outer Conti- December 16, 1977, shall have no force and ef- ciary. nental Shelf, including the eastern fect after the date of the enactment of this Mr. BYRD. Mr. President, I rise Gulf of Mexico off of Florida. Act. today to introduce an amendment to This wise ban is now at risk—nearly SEC. 2. EXCLUSION OF CERTAIN ALIENS. the Constitution of the United States 40 years after that deadly spill in Cali- (a) IN GENERAL.—The Cuban Liberty and to clarify that the Constitution neither fornia, must we be doomed to repeat Democratic Solidarity (LIBERTAD) Act of prohibits voluntary prayer nor requires the past? After so many years and so 1996 (22 U.S.C. 6021 note) is amended by in- prayer in the public schools of this much additional economic and environ- serting after section 401 the following: country.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3719 On September 25, 1885, an entrancing always be God’s way, His way is the America today. How can this be pos- poem was published in the Glenville only way. Therefore, our way must be sible? Does anyone really believe this Crescent, the local paper in Gilmer His way. We know that life’s most bit- state of affairs is consistent with the County, West Virginia. The poem was ter travails can, at times, sear the intent of the Framers of the Constitu- attributed to Mrs. Ellen Rudell King, human soul, painfully driving good tion? the wife of the Reverend David King, a people to their knees—sometimes I have referenced the religious beliefs man of the cloth who ministered to the through no fault of their own. But we of our Founders many times on the citizens of Glenville, WV. Over time, also know that as long as there is life, Senate floor, but I think it bears re- people learned that the poem may have there is hope, and we know that hard- peating. I think we should not forget been written by the reverend as a gift ship can be endured and in fact dimin- the mindset of those who established to his wife Ellen, his soulmate. Just as ished through the power—the ever our representative democracy, this Re- my beloved Erma was my soulmate the working power—of prayer. We know public. They were not afraid of prayer. West Virginia Reverend David King this. We know it. We know it based on They believed in a Supreme Being, and also had a soulmate, his wife Ellen. experience. they did not hesitate to say so. They Today we recognize that his poem Over these past 5 years, as I watched were proud of their faith. They pro- was a gift not just to his wife Ellen but my childhood sweetheart, my darling claimed it from the rooftops; yes, from also to the State of West Virginia and Erma—my darling Erma, who is in the steeple tops. They did not hang to the Nation. In fact, when the poem heaven now—I watched her fall ill and their heads in shame. was published at the end of the 19th become increasingly frail. But she and Listen. Listen. Listen to what John century, its tone was so melodious, its I prayed for each other. We prayed Adams said. He served as Vice Presi- message so inspiring, it drew the atten- every day. There were many good dent for 8 years under George Wash- tion of a composer named Howard times—many good times—but there ington. He was a member of the Conti- Engle. West Virginians know the story were also times that were difficult. nental Congress. He signed the Dec- of what happened next. Howard Engle Through it all, it was our abiding faith, laration of Independence. In an entry liked the poem so much that he decided Erma’s and mine which we celebrated in his diary on February 22, 1756, John to compose a tune to accompany its in prayer together, which I believe Adams wrote: lyrical verse. In 1961, his musical com- kept us devoted to one another and to Suppose a nation in some distant region should take the Bible for their only lawbook position became the West Virginia God for nearly 69 years, through thick and thin, through good times and hard and every member should regulate his con- State song, known by its title today as duct by the precepts there exhibited. Every ‘‘The West Virginia Hills.’’ Let me read times. Our marriage was literally made member would be obliged in conscience to for the Senators just a few of the stan- in heaven, and I believe its duration temperance, frugality, and industry; to jus- zas of this beautiful song: was God’s answer to our shared prayer. tice, kindness, and charity toward his fellow Oh, West Virginia hills! How majestic and So when I say that I know prayer can men; and to piety, love and reverence toward how grand, with their summits bathed in work miracles and move mountains, I almighty God. . . . What a Utopia, what a glory, like our Prince Immanuel’s land! Is it speak from experience. I am a witness paradise would this region be. any wonder then, that my heart with rapture to the power of prayer. John Adams believed that the Bible thrills, as I stand once more with loved ones But I am not unique. West Virginians could be our only lawbook—think of on those West Virginia hills? have been and always will be a deeply that. What a small but mighty tome. Oh, the West Virginia hills! Where my spiritual and reverent people. In that What about Benjamin Franklin? Was childhood hours were passed, where I often sense, it remains as true today as it he afraid to discuss religion for fear of wandered lonely, and the future tried to was in 1885 that no changes can be no- offending sensibilities? No, heavens no. cast; many are our visions bright, which the future ne’er fulfills; but how sunny were my ticed in those West Virginia hills. When the Congress established a three- daydreams on those West Virginia hills! The Apostle Paul has told us that in man committee, of John Adams, Thom- Oh, the West Virginia hills, how unchanged the face of affliction—in the face of af- as Jefferson, and Ben Franklin, to de- they seem to stand, with their summits fliction—it is our job not to give in to sign a great seal of the United States, pointed skyward to the great Almighty’s discouragement but to proclaim the it was Franklin who suggested that the land! Many changes I can see, which my truth openly and to commend ourselves seal be one of Moses lifting his wand, heart with sadness fills; but no changes can to every man’s conscience before God. dividing the Red Sea, with pharaoh in be noticed in those West Virginia hills. So for people of faith, the question his chariot, overwhelmed by water. His Ah, ah, those West Virginia hills. For remains how best to do this. How do we suggested motto was, ‘‘Rebellion to ty- West Virginians, this song, with its lift our heads from the darkness to the rants is obedience to God.’’ prayerful verse, has always been an up- light—from the darkness to the light? Thomas Jefferson similarly sug- lifting reminder of the memories of our How do we help ourselves and others to gested a Biblical theme, highlighting childhoods, our fervent hopes for a keep the faith? The answer lies in three the children of Israel in the wilderness, bright future, a testament to the beau- simple words: Let us pray. The Gospel, led by a cloud by day and a pillar of ty of our resplendent natural land- St. John 14, verse 13, tells us that we fire by night. These are vivid religious scape, and a source of solace in time of can have this confidence in God: that images that our Founding Fathers pro- trouble. he hears us—yes, that he hears us posed be adopted as enduring symbols Regrettably, since January, West whenever we ask for anything accord- of our representative form of govern- Virginians have had good reason to ing to His will. Not always according ment. seek such solace. As witnessed by all of to our will but according to His will. The Founders did not view these pro- America since this year began, West The importance of prayer throughout posals as repugnant religiosity, some- Virginia has been beset by unspeakable all of the millennia is recognized by thing to be kept under wraps for fear of tragedy. We have lost 18 coal miners— people of faith in nearly every denomi- offending the popular culture. They favorite sons of the West Virginia nation. Now get this: Yet, in America, were creating the culture. hills—in Boone County, in Logan Coun- prayer is increasingly estranged from I have long been opposed to what I ty, in Mingo County, and in Upshur public life. Some are hesitant to pray call the censorship of religion in Amer- County. In the words of our ancient for fear they might offend someone ica. I have said it before. I say it again. sweet song, these tragic events ‘‘our else. How ridiculous, to think that I don’t agree with many of the deci- heart with sadness fills.’’ prayer can be offensive. Offensive to sions that have come down from the But we West Virginians stand strong whom? Nonbelievers? Well, they need courts concerning prayer in the public despite our grief, steadfast in our devo- only close their ears. How sad, really, schools or prohibiting the display of re- tion to one another and to Almighty that we cannot share our faith, par- ligious items in public places. I believe God, from whom all good things come, ticularly in an effort to comfort others, in ruling after ruling some of our from whom all blessings flow. without being accused of offending courts, led by the Supreme Court, have In our Easter season we celebrate the someone or, worse, violating the first been moving closer and closer to pro- belief in both the resurrection of the amendment to the Constitution. hibiting the free exercise of religion in dead and the life of the world to come. Regrettably, that is the unfortunate America, and it chills my soul. Ameri- We know that while our way may not situation that confronts the faithful in cans don’t want religious censorship—

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3720 CONGRESSIONAL RECORD — SENATE April 27, 2006 no. Ours is a religious nation. It may against expressions of religious or spir- Even the Supreme Court in the case not seem so but it is. We are a religious itual beliefs is wrongheaded, destruc- of Lynch v. Donnelly, in 1984, agreed people. We may not seem so at times, tive, and completely contrary to the that the Constitution does not require not all of us, but we embrace religion intent of the illustrious Founders of the complete separation of church and as a people. We draw it close, close to this great Nation. Instead of ensuring state. Instead, it mandates an accom- us. We drape it over us, we draw it freedom of religion in a nation founded modation of all religions and forbids around us, we envelope our families in in part to guarantee that basic liberty, hostility toward any. its protective shield. We will not shun a suffocation or strangulation, if you Let me be clear that what we are it. We will not deny it. We will not run might, of that freedom has been the re- talking about is not a radical depar- from it. We must be free to exercise our sult. The rights of those who do not be- ture. It is simply a reiteration of what religious faith, if we have a religious lieve, and they are few in number who should already be permissible under a faith, whatever it may be. do not believe—the rights of those who correct interpretation of the first The religion clauses of the first do not believe in a Supreme Being have amendment. amendment state: been zealously guarded to the denigra- My resolution does not change the Congress shall make no law respecting an tion—and I repeat, denigration—of the language of the first amendment, and establishment of religion, or prohibiting the rights of those people who do so be- it would not permit any school to advo- free exercise thereof. . . . lieve. cate a particular religious message en- In my humble opinion, too many The Supreme Court has bent over dorsed by the government. My resolu- have not given equal weight to both of backward to prevent the government tion would simply reiterate the Fram- these clauses. Instead, they seem to from establishing religion—which is all ers’ intent that a child should be able have focused only on the first clause right—but it has not gone far enough to utter a voluntary prayer. There is which says ‘‘Congress shall make no and, in fact, our government has fallen absolutely nothing unconstitutional law respecting an establishment of re- far short of protecting the right of all about that. ligion,’’ at the expense of the second Americans to exercise their religion. This resolution seeks neither to ad- vance nor to inhibit religion. It does clause, which says, ‘‘or prohibiting the The free exercise clause of the first not signify government approval of any free exercise thereof.’’ amendment states: Yes, that protects the right of Ameri- Congress cannot make laws that prohibit particular religious sect or creed. It cans to worship as they please. I have the free exercise of religion. does not compel a ‘‘nonbeliever’’ to always believed that this country was Well, it seems to me that any prohi- pray. In fact, it does not require an atheist to embrace or to adopt any reli- founded by men and women of strong bition of voluntary prayer in the public gious action, belief, or expression. It faith whose intent was not to suppress schools violates the right of our school- does not coerce or compel anyone to do religion but to ensure that the govern- children to practice their free religion, anything. And it does not foster any ment favors no single religion over an- and that is not right. Any child should excessive government entanglement other. This principle makes a lot of be free to pray to God of his or her own volition, whether at home, whether at with religion. sense to me; namely, that government This constitutional amendment is itself should seek neither to discourage church, whether at school, period. I am not a proponent of repeatedly neutral. It is nondiscriminatory. It nor to promote religion. We can under- amending the U.S. Constitution. I be- does not endorse state-sponsored stand the outrage of many fine people lieve such amendments should be done school prayer. It simply allows chil- of faith who today decry the nature of only rarely and with great care. How- dren to pray voluntarily, if they wish our public discourse, with its overt em- ever, because I feel as strongly about to do so. It permits children to express phasis on sex, violence, profanity, and this today as I have for more than 40 themselves on the subject of prayer materialism. years, I take this opportunity, once just as anyone is free to express them- In addition, we live today with the again, as I have at least 7 times over selves on any other topic. omnipresent fear of another terrorist the past 44 years, to introduce today a As Justice Scalia recently held: ‘‘A attack, global warming, avian flu, ris- joint resolution to amend the Constitu- priest has as much liberty to pros- ing fuel and health care costs, and a tion to clarify the intent of the Fram- elytize as a patriot.’’ whole panoply of other potential ca- ers with respect to voluntary prayer in The Supreme Court has held that the lamities over which we seem to have schools. establishment clause is not violated so little or no control. Our Nation has Our revered Constitution—this sa- long as the government treats religious every reason to seek comfort through cred document—was conceived by the speech and other speech equally. prayer. Framers neither to prohibit nor to re- This resolution has a valid secular Nearly 44 years ago, on June 27, quire the recitation of voluntary pray- purpose, which is to ensure that reli- 1962—I was here. I was sitting over on er in public schools. Consequently, the gious and nonreligious speech are that side of the Chamber, to my left, in exact language of the resolution that I treated equally, and this secular pur- the back row. Forty-four years ago, on am introducing to amend the Constitu- pose is preeminent. This purpose is not June 27, 1962, 2 days after the U.S. Su- tion simply makes that clear. secondary to any religious objective. preme Court first struck down prayer It states—get this: In one of the more recent cases on in schools, I made the following state- Nothing in this Constitution, including the subject, the Supreme Court, in ment on the Senate floor. I said it any amendments to this Constitution, shall Santa Fe v. Jane Doe, reiterated that then. I say it today. be construed to prohibit voluntary prayer or the religious clauses of the first Thomas Jefferson expressed the will of the require prayer at a public school extra- amendment prevent the government American majority in 1776 when he included curricular activity. from ‘‘making any law respecting the in the Declaration of Independence the state- This resolution is similar to legisla- establishment of religion or prohib- ment, ‘‘All men’’— tion that I introduced or cosponsored iting the free exercise thereof.’’ But by Meaning, of course, women, too— starting in 1962 but more recently in ‘‘no means,’’ the Court held, ‘‘do these ‘‘All men are endowed by their Creator with 1973, 1979, 1982, 1993, 1995, and 1997. commands impose a prohibition on all certain unalienable rights, that among these I believe Members of the Supreme religious activity in our public are life, liberty, and the pursuit of happi- Court have placed exaggerated empha- schools.’’ ness.’’ sis on the Framers’ alleged intent to ‘‘Indeed,’’ the Court ruled, ‘‘the com- Little could Mr. Jefferson suspect erect an absolute ‘‘wall of separation’’ mon purpose of the Religious Clauses is when he penned that line that the time between church and state. I do not to secure religious liberty.’’ would come that the Nation’s highest share that view. Thus, Justice Stevens wrote: Court might rule that a nondenomina- I believe the right of every Nothing in the Constitution as interpreted tional prayer to the Creator of us all, if schoolchild to pray or not to pray vol- by this Court prohibits any public school offered by schoolchildren in the public untarily, if he or she chooses to do so, student from unvoluntarily praying at any schools of America during class peri- is protected by both the free speech time before, during or after the school day. ods, would be unconstitutional. I be- and the free exercise clauses of the U.S. He went on to declare, though, that lieve this ingrained predisposition Constitution. ‘‘the religious liberty protected by this

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3721 Constitution is abridged when the state of a child. Here is what St. Luke tells Whereas individuals, families, and busi- affirmatively sponsors a particular re- us: nesses can benefit from professional insur- ance and financial planning advice, including ligious practice or prayer.’’ Ask and you shall receive; seek and you an assessment of their life insurance needs; So let me reiterate that the resolu- shall find; knock and it shall be opened to and you. For whoever asks, receives; whoever tion I am introducing today addresses Whereas numerous groups supporting life seeks, finds; whoever knocks is admitted. only voluntary student prayer—not insurance have designated September 2006 as What father among you will give his son a state-sponsored speech. ‘‘National Life Insurance Awareness Month’’ snake if he asks for a fish, or hand him a In one of her final rulings on this as a means to encourage consumers to— scorpion if he asks for an egg? If you, with (1) become more aware of their life insur- subject, Justice O’Connor held that the all your sins, know how to give your children ance needs; first amendment expresses our Nation’s good things, how much more will the Heav- (2) seek professional advice regarding life fundamental commitment to religious enly Father give the Holy Spirit to those insurance; and liberty by means of two provisions— who ask him? (3) take the actions necessary to achieve fi- one protecting the free exercise of reli- We must work to be certain that the nancial security for their loved ones: Now gion, the other barring the establish- free exercise clause remains as applica- therefore, be it ment of religion. ble and respected today as it was at the Resolved, That the Senate— ‘‘They were written,’’ she said, ‘‘by time it was conceived by the Framers. (1) supports the goals and ideals of ‘‘Na- the descendants of people who had We must guard its protection so that tional Life Insurance Awareness Month’’; come to this land precisely so that all Americans, including, yes, children, and they could practice their religion free- (2) calls on the Federal Government, little children—suffer little children— States, localities, schools, nonprofit organi- ly.’’ And, ‘‘by enforcing these two retain their right freely to practice zations, businesses, and the citizens of the clauses,’’ she said, ‘‘we have kept reli- their religion. Let us make certain United States to observe the month with ap- gion a matter for the individual con- that every individual, including any propriate programs and activities. science, not for the prosecutor or the child nestled in the West Virginia hills f bureaucrat.’’ or anywhere else in America, can pray SENATE RESOLUTION 449—COM- We should keep it that way. We to God as they please. should keep it that way. We should I ask unanimous consent that the MENDING THE EXTRAORDINARY keep religion a matter for the indi- text of the joint resolution be printed CONTRIBUTIONS OF MAX FALKENSTIEN TO THE UNIVER- vidual conscience. But does keeping re- in the RECORD. ligion a matter for the individual con- There being no objection, the joint SITY OF KANSAS AND THE science mean that a schoolchild must resolution was ordered to be printed in STATE OF KANSAS stand silent, unable to turn to God for the RECORD, as follows: Mr. BROWNBACK (for himself and comfort or guidance in times of trial or S.J. RES. 35 Mr. ROBERTS) submitted the following heartache? No. No. No. Not even our Resolved by the Senate and House of Rep- resolution; which was referred to the Supreme Court has recognized that. resentatives of the United States of America in Committee on the Judiciary: Not every reference to God constitutes Congress assembled (two-thirds of each House S. RES. 449 the impermissible establishment of re- concurring therein), That the following article Whereas Max Falkenstien has served as a ligion. is proposed as an amendment to the Con- broadcaster for the basketball and football Where would we be without recourse stitution of the United States, which shall be programs at The University of Kansas for 60 to prayer? valid to all intents and purposes as part of consecutive years, and will retire after the the Constitution when ratified by the legis- As we know, even the mighty King 2005–2006 men’s basketball season; latures of three-fourths of the several States Whereas Mr. Falkenstien broadcasted his David sought guidance from above. In within seven years after the date of its sub- Psalm, 17, he implores: first men’s basketball and football games for mission by the Congress: the Kansas Jayhawks in 1946, after serving 35 Hear, O Lord, a just suit; attend to my out- ‘‘ARTICLE — months in the Army Air Corps; cry; harken to my prayer from lips without ‘‘Nothing in this Constitution, including Whereas Mr. Falkenstien has received hon- deceit . . . I call upon You for You will an- any amendment to this Constitution, shall ors from— swer me, O God; incline Your ear to me; hear be construed to prohibit voluntary prayer or (1) the College Football Hall of Fame, my word . . . keep me as the apple of your require prayer in a public school, or to pro- which awarded him the Chris Schenkel eye; hide me in the shadows of Your wings. hibit voluntary prayer or require prayer at a Award for Broadcasting Excellence; In our Nation’s Capitol, just off the public school extracurricular activity.’’. (2) the Naismith Memorial Basketball Hall of Fame, which named him the winner of the Rotunda, there is a small room called f the Prayer Room. I was there when it 15th Annual Curt Gowdy Electronic Media SUBMITTED RESOLUTIONS Award; was first dedicated. A small room (3) the Kansas Association of Broadcasters, called the Prayer Room was set aside which awarded him the Distinguished Serv- in 1954 by the 83rd Congress to be used SENATE RESOLUTION 448—SUP- ice Award; for private prayer and contemplation PORTING THE GOALS AND (4) Baker University, which presented him by Members of Congress. The room is IDEALS OF ‘‘NATIONAL LIFE IN- with the Lifetime Achievement Award; and open. SURANCE AWARENESS MONTH’’ (5) The University of Kansas Alumni Asso- Have you ever been there? If you ciation, which awarded him the Ellsworth haven’t, you ought to go to see that Mr. NELSON of Nebraska (for him- Medallion; self, Mr. CHAMBLISS, and Mr. CRAIG) Whereas Mr. Falkenstien is a member of— Prayer Room. I go to it still from time (1) the Kansas Broadcasters Hall of Fame; to time. submitted the following resolution; which was referred to the Committee and The room is open when Congress is in (2) the Kansas Sports Hall of Fame; session though not open to the public. on the Judiciary: Whereas Mr. Falkenstien was the first— The room’s focal point is a stained S. RES. 448 (1) inductee into the Lawrence High School glass window that shows George Wash- Whereas life insurance is an essential part Hall of Honor; and ington kneeling in prayer. Behind him of a sound financial plan; (2) media member of The University of Whereas life insurance provides financial Kansas Athletic Hall of Fame; and are etched these words from Psalm 16:1: security for families by helping surviving Whereas the State of Kansas has been priv- ‘‘Preserve me, o God, for in thee do I members meet immediate and long-term fi- ileged to have the benefit of 60 years of dedi- put my trust.’’ nancial obligations and objectives in the cated service provided by Max Falkenstien What right do we have to take from event of a premature death in their family; to The University of Kansas: Now, therefore, schoolchildren their right to pray a Whereas approximately 68,000,000 United be it voluntary prayer when we preserve, States citizens lack the adequate level of life Resolved, That the Senate— protect, and defend and even create a insurance coverage needed to ensure a secure (1) commends the extraordinary contribu- seperate room to enshrine that same financial future for their loved ones; tions of Max Falkenstien to The University Whereas life insurance products protect of Kansas and the State of Kansas; right to ourselves here in the Senate? against the uncertainties of life by enabling (2) congratulates him for 60 years of out- St. Luke, the apostle, tells us that individuals and families to manage the fi- standing service; such efforts are as much in our own in- nancial risks of premature death, disability, (3) offers the best wishes of the Senate for terest as they are in the best interests and long-term care; his future endeavors; and

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3722 CONGRESSIONAL RECORD — SENATE April 27, 2006 (4) respectfully requests the Secretary of injuries each year. In the United Whereas, in October 2002, King Gyanendra the Senate to transmit a copy of this resolu- States, nearly 43,000 people die each dismissed Prime Minister Deuba; tion to Max Falkenstien. year from motor vehicle crashes, mak- Whereas, in June 2004, after the unsuccess- ful tenures of 2 additional palace-appointed f ing auto fatalities the number one kill- prime ministers, King Gyanendra re- er of those between the ages of 4 and 34. SENATE RESOLUTION 450—DESIG- appointed Prime Minister Deuba and man- Many of these deaths and injuries dated that he hold general elections by April NATING JUNE 2006 AS NATIONAL could be prevented with increased edu- 2005; SAFETY MONTH cation and information on proper pre- Whereas, on February 1, 2005, King Mr. DEWINE (for himself, Mrs. DOLE, cautionary measures. Gyanendra accused Nepali political leaders of failing to solve the Maoist problem, seized Ms. LANDRIEU, Mr. ALLEN, and Mr. The goal of National Safety Month is to raise public awareness about safety absolute control of Nepal by dismissing and DURBIN) submitted the following reso- detaining Prime Minister Deuba and declar- lution; which was referred to the Com- and injury prevention in hopes of re- ing a state of emergency, temporarily shut mittee on the Judiciary: ducing these needless deaths and inju- down Nepal’s communications, detained hun- S. RES. 450 ries. June also is an appropriate month dreds of politicians and political workers, Whereas the mission of the National Safe- to focus our efforts on public safety and limited press and other constitutional ty Council is to educate and influence citi- since the summer season is tradition- freedoms; Whereas, in November 2005, the main- zens of the United States to adopt safety, ally a time of increased accidental in- stream political parties formed a seven- health, and environmental policies, prac- juries and fatalities. party alliance with the Maoists and agreed tices, and procedures that prevent and miti- Throughout the month, the National to a 12 point agenda that called for a restruc- gate human suffering and economic losses Safety Council and other safety organi- turing of the government of Nepal to include arising from preventable causes; zations will urge businesses to increase an end to absolute monarchical rule and the Whereas the National Safety Council their safety standards in the workplace formation of an interim all-party govern- works to protect lives and promote health ment with a view to holding elections for a with innovative programs; and provide information to individuals on injury prevention in all aspects of constituent assembly to rewrite the Con- Whereas the National Safety Council, stitution of Nepal; founded in 1913, is celebrating its 93rd anni- their lives. I look forward to working with other Whereas, since February 2005, King versary in 2006 as the premier source of safe- Gyanendra has promulgated dozens of ordi- ty and health information, education, and Members of Congress and the many nances without parliamentary process that training in the United States; safety organizations to help educate violate basic freedoms of expression and as- Whereas the National Safety Council was the public on the importance of injury sociation, including the Election Code of chartered by Congress in 1953, and is cele- prevention and make our world a safer Conduct that seeks to limit media freedom brating its 53rd anniversary in 2006 as a con- place. in covering elections and the Code of Con- gressionally-chartered organization; I thank my fellow Colleagues for duct for Social Organizations that bars staff Whereas even with advancements in safety their support of this resolution and for of nongovernmental organizations from hav- that create a safer environment for the peo- ing political affiliations; ple of the United States, such as new legisla- their continued dedication to public Whereas King Gyanendra ordered the ar- tion and improvements in technology, the safety. I also would like to thank the rest of hundreds of political workers in Janu- unintentional-injury death toll is still unac- National Safety Council, which cele- ary 2006 before holding municipal elections ceptable; brates its 93rd anniversary in 2006, as a on February 8, 2006, which the Department of Whereas the National Safety Council has leading source of safety and health in- State characterized as ‘‘a hollow attempt by demonstrated leadership in educating citi- formation, education, and training in the King to legitimize his power’’; zens of the United States on how to prevent the United States. Their work is vital Whereas the people of Nepal have been injuries and deaths to senior citizens as a re- peacefully protesting since April 6, 2006, in sult of falls; and makes a difference each and every an attempt to restore the democratic polit- Whereas citizens deserve a solution to na- day. ical process; tionwide safety and health threats; f Whereas on April 10, 2006, the Department Whereas such a solution requires the co- of State declared that King Gyanendra’s operation of all levels of government, as well SENATE RESOLUTION 451—EX- February 2005 decision ‘‘to impose direct pal- as the general public; PRESSING THE SUPPORT OF THE ace rule in Nepal has failed in every regard’’ Whereas the summer season, traditionally SENATE FOR THE RECONVENING and called on the King to restore democracy a time of increased unintentional-injury fa- OF THE PARLIAMENT OF NEPAL immediately and to begin a dialogue with talities, is an appropriate time to focus at- AND FOR AN IMMEDIATE, Nepal’s political parties; tention on both the problem and the solution PEACEFUL TRANSITION TO DE- Whereas King Gyanendra ordered a crack- down on the protests, which has left at least to such safety and health threats; and MOCRACY Whereas the theme of ‘‘National Safety 14 Nepali citizens dead and hundreds injured Month’’ for 2006 is ‘‘Making Our World A Mr. LUGAR (for himself, Mr. BIDEN, by the security forces of Nepal; Safer Place’’: Now, therefore, be it Mr. LEAHY, Mr. HAGEL, Mr. CHAFEE, Whereas the people of Nepal are suffering Resolved, That the Senate— Mr. KERRY, Mrs. FEINSTEIN, Mr. COLE- hardship due to food shortages and lack of sufficient medical care because of the pre- (1) designates June 2006 as ‘‘National Safe- MAN, and Mr. SUNUNU) submitted the ty Month’’; and vailing political crisis; following resolution; which was consid- Whereas King Gyanendra announced on (2) recognizes the accomplishments of the ered and agreed to: April 21, 2006, that the executive power of National Safety Council and calls upon the S. RES. 451 Nepal shall be returned to the people and citizens of the United States to observe the called on the seven-party alliance to name a month with appropriate ceremonies and re- Whereas, in 1990, Nepal adopted a constitu- new prime minister to govern the country in spect. tion that enshrined multi-party democracy under a constitutional monarchy, ending 3 accordance with the 1990 Constitution of Mr. DEWINE. Mr. President, today I decades of absolute monarchical rule; Nepal; join with Senator DOLE, Senator LAN- Whereas, since 1996, Maoist insurgents Whereas the seven-party alliance subse- DRIEU, Senator ALLEN, and Senator have waged a violent campaign to replace quently rejected King Gyanendra’s April 21, DURBIN to submit a resolution to des- the constitutional monarchy with a com- 2006 statement and called on him to rein- ignate June 2006 as National Safety munist republic, which has resulted in wide- state parliament and allow for the establish- Month. This year, the National Safety spread human rights violations by both sides ment of a constituent assembly to draw up a Council has selected ‘‘making our and the loss of an estimated 12,000 lives; new constitution; Whereas the Maoist insurgency grew out of Whereas on April 24, 2006, King Gyanendra world a safer place’’ as its theme for the radicalization and fragmentation of left announced that he would reinstate the Par- National Safety Month. And that is wing parties following Nepal’s transition to liament of Nepal on April 28, 2006, and apolo- certainly a goal we want and need to democracy in 1990; gized for the deaths and injuries that oc- achieve. Whereas, on June 1, 2001, King Birendra, curred during the recent demonstrations, but Public safety in the workplace, in Queen Aishwarya and other members of the did not address the issue of constitutional our homes, and in communities, and on Royal family were murdered, leaving the revision; our roads and highways is a vital chal- throne to the slain King’s brother, the cur- Whereas political party leaders have wel- rent King Gyanendra; comed King Gyanendra’s April 24th an- lenge that we all face. According to the Whereas, in May 2002, in the face of in- nouncement and stated that the first action National Safety Council, more than 20 creasing Maoist violence, Prime Minister of the reconvened parliament will be the million Americans suffer disabling in- Sher Bahadur Deuba dissolved the Par- scheduling of elections for a constituent as- juries and 100,000 people die from their liament of Nepal; sembly to redraft the Constitution of Nepal.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3723 Now, therefore, be it Whereas ABT is committed to bringing to the charter school movement through fa- Resolved, That the Senate— dance to a broad audience and provides expo- cilities financing assistance and grants for (1) expresses its support for the recon- sure to dance to more than 20,000 underprivi- planning, startup, implementation, and dis- vening of the Parliament of Nepal and for an leged children and their families each year; semination; immediate, peaceful transition to democ- Whereas ABT’s award-winning Make a Bal- Whereas charter schools improve their stu- racy; let program and its other outreach initia- dents’ achievement and stimulate improve- (2) commends the desire of the people of tives help to meet the need for arts edu- ment in traditional public schools; Nepal for a democratic system of govern- cation in underserved schools and commu- Whereas charter schools must meet the ment and expresses its support for their nities; student achievement accountability require- right to protest peacefully in pursuit of this Whereas ABT’s Studio Company brings ments under the Elementary and Secondary goal; world class ballet to smaller communities Education Act of 1965 in the same manner as (3) acknowledges the April 24, 2006 state- like— traditional public schools, and often set ment by King Gyanendra regarding his in- (1) Rochester, New York; higher and additional individual goals to en- tent to reinstate the Parliament of Nepal; (2) Stamford, Connecticut; sure that they are of high quality and truly (4) urges the Palace, the political parties, (3) Sanibel, Florida; accountable to the public; and the Maoists to immediately support a (4) South Hadley, Massachusetts; and Whereas charter schools give parents new (5) Winston-Salem, North Carolina; and process that returns the country to multi- freedom to choose their public school, rou- Whereas the Jacqueline Kennedy Onassis party democracy and creates the conditions tinely measure parental satisfaction levels, School at ABT and the ABT’s other artistic for peace and stability in Nepal; and must prove their ongoing success to par- development initiatives provide the highest (5) declares that the transition to democ- ents, policymakers, and their communities; quality training consistent with the profes- racy in Nepal must be peaceful and that vio- Whereas nearly 56 percent of charter sional standards of ABT: Now, therefore, be lence conducted by any party is unaccept- schools report having a waiting list, and the able and risks sending Nepal into a state of it Resolved, That the Senate— total number of students on all such waiting anarchy; lists is enough to fill over 1,100 average-sized (6) calls on security forces of Nepal to exer- (1) recognizes and commends the American Ballet Theatre for over 65 years of service as charter schools; cise maximum restraint and to uphold the Whereas charter schools nationwide serve ‘‘America’s National Ballet Company’’, dur- highest standards of conduct in their re- a higher percentage of low-income and mi- ing which it has provided world class art to sponse to the protests; nority students than the traditional public audiences in all 50 States; (7) urges the immediate release of all polit- system; (2) recognizes that the American Ballet ical detainees and the restoration of full ci- Whereas charter schools have enjoyed Theatre also serves as a true cultural ambas- vilian and political rights, including freedom broad bipartisan support from the Adminis- sador for the United States, by having per- of association, expression, and assembly; tration, Congress, State Governors and legis- formed in 42 countries and fulfilling its rep- (8) urges the Maoists to lay down their latures, educators, and parents across the utation as one of the world’s most revered arms and to pursue their goals through par- United States; and and innovative dance companies; and ticipation in a peaceful political process; and Whereas the seventh annual National (3) recognizes that the American Ballet (9) calls on the Government of the United Charter Schools Week, to be held May 1 Theatre’s extensive and innovative edu- States to work closely with other govern- through 6, 2006, is an event sponsored by cation, outreach, and artistic development ments, including the governments of India, charter schools and grassroots charter programs both train future generations of China, the United Kingdom, and the Euro- school organizations across the United great dancers and expose students to the pean Union, and with the United Nations to States to recognize the significant impacts, arts. ensure a common and coherent international achievements, and innovations of charter approach that helps to bring about an imme- f schools: Now, therefore, be it diate peaceful transition to democracy and SENATE RESOLUTION 453—CON- Resolved, That— to end the violent insurgency in Nepal. GRATULATING CHARTER (1) the Senate acknowledges and com- f mends charter schools and their students, SCHOOLS AND THEIR STUDENTS, parents, teachers, and administrators across SENATE RESOLUTION 452—RECOG- PARENTS, TEACHERS, AND AD- the United States for their ongoing contribu- NIZING THE CULTURAL AND MINISTRATORS ACROSS THE tions to education and improving and EDUCATIONAL CONTRIBUTIONS UNITED STATES FOR THEIR ON- strengthening our public school system; OF THE AMERICAN BALLET THE- GOING CONTRIBUTIONS TO EDU- (2) the Senate supports the seventh annual ATRE THROUGHOUT ITS 65 CATION, AND FOR OTHER PUR- National Charter Schools Week; and YEARS OF SERVICE AS ‘‘AMER- POSES (3) it is the sense of the Senate that the ICA’S NATIONAL BALLET COM- people of the United States should conduct Mr. ALEXANDER (for himself, Mr. appropriate programs, ceremonies, and ac- PANY’’ LIEBERMAN, Mr. GREGG, Mr. FRIST, Mr. tivities to demonstrate support for charter Mr. SCHUMER (for himself and Mrs. CARPER, Mr. VITTER, Ms. LANDRIEU, Mr. schools during this week long celebration in DOLE) submitted the following resolu- BURR, Mr. COLEMAN, Mr. ALLARD, Mr. communities throughout the United States. tion; which was considered and agreed DEMINT, and Mr. MARTINEZ) submitted f to: the following resolution; which was SENATE RESOLUTION 454—HON- S. RES. 452 considered and agreed to: ORING MALCOLM P. MCLEAN AS Whereas American Ballet Theatre (known S. RES. 453 as ‘‘ABT’’) is recognized as one of the world’s THE FATHER OF Whereas charter schools deliver high-qual- CONTAINERIZATION great dance companies; ity education and challenge our students to Whereas ABT is dedicated to bringing reach their potential; Mr. LAUTENBERG (for himself, Mr. dance to the United States and dance of the Whereas charter schools provide thousands MENENDEZ, Mr. INOUYE, and Mrs. DOLE) United States to the world; of families with diverse and innovative edu- Whereas, over its 65-year history, ABT has submitted the following resolution; appeared in all 50 States of the United cational options for their children; which was considered and agreed to: Whereas charter schools are public schools States, in a total of 126 cities, and has per- S. RES. 454 authorized by a designated public entity that formed for more than 600,000 people annu- Whereas Malcom P. McLean is widely rec- ally; are responding to the needs of our commu- nities, families, and students and promoting ognized as the father of containerization; Whereas ABT has performed in 42 countries Whereas the innovative idea of using inter- as perhaps the most representative ballet the principles of quality, choice, and innova- modal containers suitable for rail, truck, and company of the United States, with many of tion; maritime transportation revolutionized and those engagements sponsored by the Depart- Whereas in exchange for the flexibility and streamlined the process of shipping goods, ment of State; autonomy given to charter schools, they are Whereas ABT has been home to the world’s held accountable by their sponsors for im- allowed products to be moved to the market most accomplished dancers and has commis- proving student achievement and for their fi- more quickly, and reduced prices for con- sioned works by all of the great choreo- nancial and other operations; sumers; graphic geniuses of the 20th century; Whereas 40 States and the District of Co- Whereas the use of containerization in Whereas President Dwight D. Eisenhower lumbia have passed laws authorizing charter shipping practices enabled the United States recognized ABT’s ability to convey through schools; to increase international trade by modern- the medium of ballet ‘‘some measure of un- Whereas more than 3,600 charter schools izing and globalizing the economy of the derstanding of America’s cultural environ- are now operating in 40 States and the Dis- United States; ment and inspiration’’; trict of Columbia, serving more than 1,000,000 Whereas Mr. McLean launched numerous Whereas over the years ABT has performed students; successful transportation businesses that repeatedly at the White House, most re- Whereas over the last 12 years, Congress were located in the Port of Newark, New Jer- cently in December 2005; has provided nearly $1,775,000,000 in support sey, including—

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3724 CONGRESSIONAL RECORD — SENATE April 27, 2006 (1) the Pan-Atlantic Steamship Company; tended to be proposed by him to the bill H.R. SA 3693. Mr. OBAMA (for himself and Mr. and 4939, supra. COBURN) submitted an amendment intended (2) Sea-Land Service Incorporated; SA 3673. Mr. INOUYE submitted an amend- to be proposed by him to the bill H.R. 4939, Whereas those businesses were crucial to ment intended to be proposed by him to the supra. the growth of shipping and industry in New bill H.R. 4939, supra; which was ordered to lie SA 3694. Mr. OBAMA (for himself and Mr. Jersey; on the table. COBURN) submitted an amendment intended Whereas the innovations of Mr. McLean SA 3674. Mr. NELSON, of Florida sub- to be proposed by him to the bill H.R. 4939, have enabled businesses to create thousands mitted an amendment intended to be pro- supra. of jobs that provide liveable wages for the posed by him to the bill H.R. 4939, supra; SA 3695. Mr. OBAMA (for himself and Mr. citizens of New Jersey and other citizens of which was ordered to lie on the table. COBURN) submitted an amendment intended the United States; SA 3675. Mr. MENENDEZ (for himself, Mr. to be proposed by him to the bill H.R. 4939, Whereas, on April 26, 1956, the first ship LAUTENBERG, Mr. INOUYE, Mrs. CLINTON, and supra. loaded with goods to be transported from the Mr. LIEBERMAN) submitted an amendment SA 3696. Mr. OBAMA (for himself and Mr. United States in intermodal containers, the intended to be proposed by him to the bill COBURN) submitted an amendment intended Ideal X, set sail from Port Newark under the H.R. 4939, supra. to be proposed by him to the bill H.R. 4939, direction of Mr. McLean; SA 3676. Mr. BENNETT (for himself and supra; which was ordered to lie on the table. Whereas 2006 marks the 50th anniversary of Mr. KOHL) submitted an amendment in- SA 3697. Mr. OBAMA (for himself and Mr. that historic event; tended to be proposed by him to the bill H.R. COBURN) submitted an amendment intended Whereas the Containerization and Inter- 4939, supra; which was ordered to lie on the to be proposed by him to the bill H.R. 4939, modal Institute in Holmdel, New Jersey, has table. supra. planned activities to commemorate that oc- SA 3677. Mr. VOINOVICH (for himself and SA 3698. Mr. BURNS (for himself and Mr. casion; and Mr. DEWINE) submitted an amendment in- ROCKEFELLER) submitted an amendment in- Whereas Mr. McLean was a transportation tended to be proposed by him to the bill H.R. tended to be proposed by him to the bill H.R. pioneer whose remarkable achievements are 4939, supra; which was ordered to lie on the 4939, supra; which was ordered to lie on the worthy of recognition and commemoration: table. table. Now, therefore, be it SA 3678. Mr. MENENDEZ (for himself, Mr. SA 3699. Mr. CORNYN (for himself, Ms. Resolved, That the Senate— LEAHY, Mr. DURBIN, Mr. SARBANES, and Mr. LANDRIEU, Mrs. HUTCHISON, and Mr. NELSON, (1) celebrates the remarkable contribu- LAUTENBERG) submitted an amendment in- of Florida) submitted an amendment in- tions of Malcom P. McLean to the develop- tended to be proposed by him to the bill H.R. tended to be proposed by him to the bill H.R. ment of a new era of trade and commerce in 4939, supra; which was ordered to lie on the 4939, supra. the United States through the table. SA 3700. Mr. DOMENICI (for himself, Mr. containerization of cargo; SA 3679. Mr. SPECTER submitted an GRASSLEY, and Mr. STEVENS) submitted an (2) honors the 50th anniversary of amendment intended to be proposed by him amendment intended to be proposed by him containerization, and recognizes the crucial to the bill H.R. 4939, supra; which was or- to the bill H.R. 4939, supra; which was or- role that containerization has played in the dered to lie on the table. dered to lie on the table. SA 3680. Mr. FEINGOLD submitted an SA 3701. Mr. ALLARD (for himself, Mr. modernization of— amendment intended to be proposed by him DURBIN, and Ms. MIKULSKI) submitted an (A) shipping practices; and to the bill H.R. 4939, supra; which was or- amendment intended to be proposed by him (B) the economy of the United States; and dered to lie on the table. to the bill H.R. 4939, supra. (3) encourages all citizens to promote and SA 3681. Mr. VITTER submitted an amend- SA 3702. Mr. CHAMBLISS (for himself and participate in celebratory activities that ment intended to be proposed by him to the Mr. ISAKSON) submitted an amendment in- commemorate that landmark anniversary. bill H.R. 4939, supra; which was ordered to lie tended to be proposed by him to the bill H.R. f on the table. 4939, supra. SENATE RESOLUTION 455—HON- SA 3682. Mr. BIDEN submitted an amend- SA 3703. Mr. KOHL submitted an amend- ment intended to be proposed by him to the ment intended to be proposed by him to the ORING AND THANKING bill H.R. 4939, supra; which was ordered to lie bill H.R. 4939, supra; which was ordered to lie TERRANCE W. GAINER, FORMER on the table. on the table. CHIEF OF THE UNITED STATES SA 3683. Mr. BIDEN submitted an amend- SA 3704. Mr. THUNE submitted an amend- CAPITOL POLICE ment intended to be proposed by him to the ment intended to be proposed by him to the bill H.R. 4939, supra; which was ordered to lie bill H.R. 4939, supra; which was ordered to lie Mr. FRIST (for himself and Mr. REID) on the table. on the table. submitted the following resolution; SA 3684. Ms. LANDRIEU submitted an SA 3705. Mr. OBAMA submitted an amend- which was considered and agreed to: amendment intended to be proposed by her ment intended to be proposed by him to the to the bill H.R. 4939, supra; which was or- bill H.R. 4939, supra; which was ordered to lie S RES. 455 dered to lie on the table. on the table. Whereas former Chief of Police Terrance SA 3685. Mr. LIEBERMAN submitted an SA 3706. Mr. LEVIN (for himself, Mr. DOR- W, Gainer, a native of the State of Illinois, amendment intended to be proposed by him GAN, Ms. STABENOW, and Mr. CONRAD) sub- had served the United States Capitol Police to the bill H.R. 4939, supra; which was or- mitted an amendment intended to be pro- with distinction since his appointment on dered to lie on the table. posed by him to the bill H.R. 4939, supra; June 3, 2002; SA 3686. Mr. KENNEDY (for himself, Mr. which was ordered to lie on the table. Whereas Chief Gainer had served in various BIDEN, and Mr. LEAHY) submitted an amend- SA 3707. Mr. FRIST submitted an amend- city, state and federal law enforcement posi- ment intended to be proposed by him to the ment intended to be proposed by him to the tions throughout his thirty-eight year ca- bill H.R. 4939, supra; which was ordered to lie bill H.R. 4939, supra; which was ordered to lie reer; and on the table. on the table. Whereas Chief Gainer holds Juris Doctor SA 3687. Mr. KENNEDY (for himself and SA 3708. Mr. BYRD submitted an amend- and Master’s degrees from DePaul University Mr. LEAHY) submitted an amendment in- ment intended to be proposed by him to the and a Bachelor’s degree from St. Benedict’s tended to be proposed by him to the bill H.R. bill H.R. 4939, supra. College, as well as numerous specialized law 4939, supra; which was ordered to lie on the SA 3709. Mr. BYRD (for himself, Mr. CAR- enforcement and security training accom- table. PER, and Mr. LAUTENBERG) proposed an plishments and honors: Now, therefore, be it SA 3688. Mr. KENNEDY submitted an amendment to the bill H.R. 4939, supra. Resolved, That the Senate hereby honors amendment intended to be proposed by him SA 3710. Mr. LEVIN (for himself, Ms. COL- and thanks Terrance W. Gainer and his wife, to the bill H.R. 4939, supra. LINS, and Mr. REED) submitted an amend- Irene, and his entire family, for a profes- SA 3689. Mr. KENNEDY submitted an ment intended to be proposed by him to the sional commitment of service to the United amendment intended to be proposed by him bill H.R. 4939, supra. States Capitol Police and the United States to the bill H.R. 4939, supra; which was or- SA 3711. Mr. NELSON, of Florida sub- Congress. dered to lie on the table. mitted an amendment intended to be pro- SA 3690. Mr. KENNEDY submitted an posed by him to the bill H.R. 4939, supra; f amendment intended to be proposed by him which was ordered to lie on the table. AMENDMENTS SUBMITTED AND to the bill H.R. 4939, supra; which was or- SA 3712. Mr. ALLARD submitted an PROPOSED dered to lie on the table. amendment intended to be proposed to SA 3691. Mr. KENNEDY submitted an amendment SA 3645 proposed by Mr. SALA- SA 3671. Mr. COLEMAN submitted an amendment intended to be proposed by him ZAR (for himself and Mr. BAUCUS) to the bill amendment intended to be proposed by him to the bill H.R. 4939, supra; which was or- H.R. 4939, supra; which was ordered to lie on to the bill H.R. 4939, making emergency sup- dered to lie on the table. the table. plemental appropriations for the fiscal year SA 3692. Mr. FRIST (for himself, Mr. SA 3713. Mr. BURR proposed an amend- ending September 30, 2006, and for other pur- SANTORUM, and Mr. ENSIGN) submitted an ment to the bill H.R. 4939, supra. poses; which was ordered to lie on the table. amendment intended to be proposed by him SA 3714. Mrs. MURRAY (for Mr. HARKIN) SA 3672. Mr. CORNYN (for himself and Mrs. to the bill H.R. 4939, supra; which was or- proposed an amendment to the bill H.R. 4939, HUTCHISON) submitted an amendment in- dered to lie on the table. supra.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3725 SA 3715. Mr. CONRAD (for himself, Mrs. force Investment Act of 1998 (29 U.S.C. For an additional amount for the training CLINTON, and Mr. DODD) proposed an amend- 2862(a)(2)(A)) and appropriated for fiscal year of employees of the Bureau of Customs and ment to the bill H.R. 4939, supra. 2006 for national emergency grants under Border Protection, $10,000,000, to remain SA 3716. Mrs. MURRAY (for Mr. KENNEDY section 173 of such Act (29 U.S.C. 2918) (not available until September 30, 2007: Provided, (for himself, Mr. BIDEN, and Mr. LEAHY)) pro- including funds available for Community- That the amount provided under this head- posed an amendment to the bill H.R. 4939, Based Job Training Grants under section ing is designated as an emergency require- supra. 171(d) of such Act (29 U.S.C. 2916(d)), the Sec- ment pursuant to section 402 of H. Con. Res. SA 3717. Mr. BIDEN submitted an amend- retary shall give priority to States that— 95 (109th Congress), the concurrent resolu- ment intended to be proposed by him to the (1) received national emergency grants tion on the budget for fiscal year 2006. bill H.R. 4939, supra; which was ordered to lie under such section 173 to assist— On page 237, between lines 10 and 11, insert on the table. (A) individuals displaced by Hurricane the following: SA 3718. Mr. BIDEN (for himself and Mr. Katrina; or For an additional amount for the purchase DEWINE) submitted an amendment intended (B) individuals displaced by Hurricane of new container inspection technology at to be proposed by him to the bill H.R. 4939, Rita; ports in developing countries and the train- supra; which was ordered to lie on the table. (2) continue to assist individuals described ing of local authorities, pursuant to section SA 3719. Mr. BIDEN (for himself and Mr. in subparagraph (A), or individuals described 70109 of title 46, United States Code, on the DEWINE) submitted an amendment intended in subparagraph (B), of paragraph (1); and use of such technology, $50,000,000, to remain to be proposed by him to the bill H.R. 4939, (3) can demonstrate an ongoing need for available until September 30, 2007: Provided, supra; which was ordered to lie on the table. funds to assist individuals described in sub- That the amount provided under this head- SA 3720. Mr. NELSON, of Florida sub- paragraph (A), or individuals described in ing is designated as an emergency require- mitted an amendment intended to be pro- subparagraph (B), of paragraph (1). ment pursuant to section 402 of H. Con. Res. posed by him to the bill H.R. 4939, supra; 95 (109th Congress), the concurrent resolu- which was ordered to lie on the table. SA 3673. Mr. INOUYE submitted an tion on the budget for fiscal year 2006. SA 3721. Mr. NELSON, of Florida (for him- amendment intended to be proposed by For an additional amount for the imple- self, Mr. MENENDEZ, Mr. LIEBERMAN, Mr. him to the bill H.R. 4939, making emer- mentation of section 70105 of title 46, United LAUTENBERG, Mr. KERRY, and Mr. REID) sub- gency supplemental appropriations for States Code, $12,000,000, to remain available mitted an amendment intended to be pro- the fiscal year ending September 30, posed by him to the bill H.R. 4939, supra; until September 30, 2007: Provided, That the which was ordered to lie on the table. 2006, and for other purposes; which was amount provided under this heading is des- SA 3722. Mr. CORNYN (for himself and Mr. ordered to lie on the table; as follows: ignated as an emergency requirement pursu- ant to section 402 of H. Con. Res. 95 (109th KYL) proposed an amendment to the bill H.R. On page 246, line 1, strike ‘‘$500,000’’ and all 4939, supra. that follows through line 8 and insert Congress), the concurrent resolution on the SA 3723. Mr. SCHUMER (for himself and ‘‘$1,400,000, to remain available until ex- budget for fiscal year 2006. Mr. REID) proposed an amendment to the bill pended, for assistance with assessments of TRANSPORTATION SECURITY H.R. 4939, supra. critical reservoirs and dams in the State of ADMINISTRATION Hawaii, including the monitoring of dam SA 3724. Mr. SCHUMER proposed an TRANSPORTATION VETTING AND CREDENTIALING amendment to the bill H.R. 4939, supra. structures: Provided, That the amount pro- For an additional amount for the imple- SA 3725. Mr. SMITH (for himself and Mr. vided under this heading is designated as an mentation of section 70105 of title 46, United WYDEN) submitted an amendment intended emergency requirement pursuant to section States Code, $13,000,000, to remain available to be proposed by him to the bill H.R. 4939, 402 of H. Con. Res. 95 (109th Congress), the until September 30, 2007, of which $250,000 supra; which was ordered to lie on the table. concurrent resolution on the budget for fis- shall be made available for the Secretary of SA 3726. Mr. SMITH (for himself and Mr. cal year 2006.’’. Homeland Security’s preparation and sub- WYDEN) submitted an amendment intended mission to Congress of a plan, not later than to be proposed by him to the bill H.R. 4939, SA 3674. Mr. NELSON of Florida sub- September 30, 2006, with specific annual supra; which was ordered to lie on the table. mitted an amendment intended to be SA 3727. Mr. DODD (for himself and Mr. proposed by him to the bill H.R. 4939, benchmarks, to inspect 100 percent of the cargo containers destined for the United LOTT) submitted an amendment intended to making emergency supplemental ap- States: Provided, That the amount provided be proposed by him to the bill H.R. 4939, propriations for the fiscal year ending supra; which was ordered to lie on the table. under this heading is designated as an emer- September 30, 2006, and for other pur- gency requirement pursuant to section 402 of poses; which was ordered to lie on the H. Con. Res. 95 (109th Congress), the concur- TEXT OF AMENDMENTS table; as follows: rent resolution on the budget for fiscal year SA 3671. Mr. COLEMAN submitted an On page 194, between lines 3 and 4, insert 2006. amendment intended to be proposed by the following: On page 237, line 25, strike ‘‘$132,000,000’’ him to the bill H.R. 4939, making emer- RECONSTITUTION AND REPAIR OF SANTA ROSA and insert ‘‘$232,000,000’’: Provided, That the gency supplemental appropriations for ISLAND RANGE COMPLEX AND REPLACEMENT amount provided under this heading is des- the fiscal year ending September 30, OF RANGE BUILDING, EGLIN AIR FORCE BASE, ignated as an emergency requirement pursu- FLORIDA ant to section 402 of H. Con. Res. 95 (109th 2006, and for other purposes; which was SEC. 2806. (a) The amount appropriated by Congress), the concurrent resolution on the ordered to lie on the table; as follows: this chapter under the heading ‘‘MILITARY budget for fiscal year 2006. On page 196, between lines 17 and 18, insert CONSTRUCTION, AIR FORCE’’ is hereby in- the following: creased by $162,000,000. SA 3676. Mr. BENNETT (for himself FEDERAL FUNDING FOR FIXED GUIDEWAY (b) Of the amount appropriated by this and Mr. KOHL) submitted an amend- PROJECTS chapter under the heading ‘‘MILITARY CON- ment intended to be proposed by him STRUCTION, AIR FORCE’’, as increased by sub- SEC. 2901. The Federal Transit Administra- section (a), $162,000,000 shall be made avail- to the bill H.R. 4939, making emer- tion’s Dear Colleague letter dated April 29, able for the reconstitution and repair of the gency supplemental appropriations for 2005 (C–05–05), which requires fixed guideway Santa Rosa Island Range Complex and the the fiscal year ending September 30, projects to achieve a ‘‘medium’’ cost-effec- replacement of a range building at Eglin Air 2006, and for other purposes; which was tiveness rating for the Federal Transit Ad- Force Base, Florida. ordered to lie on the table; as follows: ministration to recommend such projects for (c) The amount made available under sub- On page 135, after line 26, insert the fol- funding, shall not apply to the Northstar section (a) is designated as an emergency re- lowing: Corridor Commuter Rail Project in Min- quirement pursuant to section 402 of H. Con. nesota. Res. 95 (109th Congress), the concurrent reso- WILDLIFE HABITAT INCENTIVE PROGRAM lution on the budget for fiscal year 2006. SEC. 2lll. Funds made available for the SA 3672. Mr. CORNYN (for himself wildlife habitat incentive program estab- and Mrs. HUTCHISON) submitted an SA 3675. Mr. MENENDEZ (for him- lished under section 1240N of the Food Secu- amendment intended to be proposed by self, Mr. LAUTENBERG, Mr. INOUYE, Mrs. rity Act of 1985 (16 U.S.C. 3839bb–1) under sec- him to the bill H.R. 4939, making emer- CLINTON, and Mr. LIEBERMAN) sub- tion 211(b) of the Agricultural Risk Protec- gency supplemental appropriations for mitted an amendment intended to be tion Act of 2000 (Public Law 106–224; 7 U.S.C. the fiscal year ending September 30, proposed by him to the bill H.R. 4939, 1421 note) and section 820 of the Agriculture, 2006, and for other purposes; as follows: making emergency supplemental ap- Rural Development, Food and Drug Adminis- tration, and Related Agencies Appropria- At the end of chapter 7 of title II, insert propriations for the fiscal year ending tions Act, 2001 (Public Law 106–387; 114 Stat. the following: September 30, 2006, and for other pur- 1549A–59) shall remain available until ex- NATIONAL EMERGENCY GRANTS poses; as follows: pended to carry out obligations made for fis- SEC. ll. In distributing unobligated funds On page 237, between lines 6 and 7, insert cal year 2001 and are not available for new described in section 132(a)(2)(A) of the Work- the following: obligations.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3726 CONGRESSIONAL RECORD — SENATE April 27, 2006 SA 3677. Mr. VOINOVICH (for himself States for foreign intelligence purposes the SA 3682. Mr. BIDEN submitted an and Mr. DEWINE) submitted an amend- existence of which has been acknowledged by amendment intended to be proposed by ment intended to be proposed by him President George W. Bush and other Execu- him to the bill H.R. 4939, making emer- to the bill H.R. 4939, making emer- tive Branch officials on and after December gency supplemental appropriations for 17, 2005, any unacknowledged part of the pro- gency supplemental appropriations for gram, and any associated National Security the fiscal year ending September 30, the fiscal year ending September 30, Agency programs or activities. 2006, and for other purposes; which was 2006, and for other purposes; which was ordered to lie on the table; as follows: ordered to lie on the table; as follows: SA 3680. Mr. FEINGOLD submitted At the appropriate place, insert: On page 253, between lines 19 and 20, insert an amendment intended to be proposed SEC. l. SENSE OF THE SENATE ON LEGISLATION the following: by him to the bill H.R. 4939, making REPEALING FOSSIL FUEL ENERGY RICKENBACKER AIRPORT, COLUMBUS, OHIO emergency supplemental appropria- TAX BREAKS. (a) FINDINGS.—The Senate finds the fol- SEC. llll. The project numbered 4651 in tions for the fiscal year ending Sep- section 1702 of the Safe, Accountable, Flexi- tember 30, 2006, and for other purposes; lowing: ble, Efficient Transportation Equity Act: A which was ordered to lie on the table; (1) President Bush stated the following on Legacy for Users (119 Stat. 1434) is amended as follows: April 20, 2005: ‘‘With oil at more than $50 a barrel . . . energy companies do not need tax- by striking ‘‘Grading, paving’’ and all that At the appropriate place, insert the fol- follows through ‘‘Airport’’ and inserting payer-funded incentives to explore for oil lowing: and gas.’’. ‘‘Grading, paving, roads, and the transfer of SEC. . (A) The United States shall rede- ll (2) President Bush stated the following on rail-to-truck for the intermodal facility at ploy U.S. forces from Iraq by December 31st, April 25, 2006: ‘‘Record oil prices and large Rickenbacker Airport, Columbus, OH’’. 2006, maintaining only a minimal force suffi- cash flows . . . mean that Congress has to un- cient for engaging directly in targeted derstand that these energy companies don’t SA 3678. Mr. MENENDEZ (for him- counter-terrorism activities, training Iraqi need unnecessary tax breaks. ’’. self, Mr. LEAHY, Mr. DURBIN, Mr. SAR- security forces, and protecting U.S. infra- (3) The price of a barrel of crude oil re- structure and personnel. BANES, and Mr. LAUTENBERG) submitted cently exceeded $75, and remains above $72. (B) Not later than 30 days after the enact- an amendment intended to be proposed (4) The average price of a gallon of regular ment of this Act, the President shall direct by him to the bill H.R. 4939, making gasoline is currently over $2.90, and exceeds the Secretary of Defense, in consultation emergency supplemental appropria- $3 in many parts of the country. with the Secretary of State, to provide to (5) Since 2001, the median family income tions for the fiscal year ending Sep- Congress a report that includes the strategy has not kept pace with the cost of living, and tember 30, 2006, and for other purposes; for the redeployment of U.S. forces Iraq by the price of a gallon of regular gas has in- which was ordered to lie on the table; December 31st, 2006. The strategy shall in- creased over 100 percent. as follows: clude the following: (1) A flexible timeline for redeployment (6) There have been 2,600 mergers in the oil On page 89, line 9, strike ‘‘$69,800,000’’ and and gas industry in the past decade. insert in lieu thereof ‘‘$129,800,000’’. U.S. forces from Iraq by December 31st, 2006; (2) The number, size, and character of U.S. (7) The profits of the oil and gas industry military units needed in Iraq beyond Decem- reached historic highs last year, including SA 3679. Mr. SPECTER submitted an over $36 billion in profits for Exxon Mobil, amendment intended to be proposed by ber 31st, 2006, for purposes of counter-ter- rorism activities, training Iraqi security the most ever for a single corporation. him to the bill H.R. 4939, making emer- forces, and protecting U.S. infrastructure (8) On March 14 of this year, the Senate gency supplemental appropriations for and personnel; Committee on the Judiciary conducted an the fiscal year ending September 30, (3) A strategy for addressing the regional antitrust oversight hearing on the effect of 2006, and for other purposes; which was implications of redeploying U.S. troops on a oil and gas industry consolidation on con- ordered to lie on the table; as follows: diplomatic, political, and development level; sumer prices, and at that hearing the chief (4) A strategy for ensuring the safety and executives of six major oil and gas compa- On page 253, between lines 19 and 20, insert security of U.S. forces in Iraq during and nies stated under oath that they do not need the following: after the redeployment, and a contingency additional incentives to conduct their busi- PROHIBITION ON USE OF FUNDS FOR DOMESTIC plan for addressing dramatic changes in se- nesses. ELECTRONIC SURVEILLANCE FOR FOREIGN IN- curity conditions that may require a limited (9) The aggregate budget deficit of the TELLIGENCE PURPOSES UNLESS CONGRESS IS number of U.S. forces to remain in Iraq after United States for the period of fiscal years KEPT FULLY AND CURRENTLY INFORMED December 31st, 2006; and 2002 to 2011 is projected to total $2.7 trillion. SEC. 7032. (a) PROHIBITION.—No funds appro- (5) A strategy for redeploying U.S. forces (b) SENSE OF THE SENATE.—It is the sense priated by this or any other Act may be obli- to effectively engage and defeat global ter- of the Senate that the Committee on Fi- gated or expended to carry out the NSA pro- rorist networks that threaten the United nance shall, within 90 days of the date of the gram, or any other program of electronic States. enactment of this Act, report legislation surveillance within the United States for for- that repeals the provisions of, and the eign intelligence purposes, unless each of the SA 3681. Mr. VITTER submitted an amendments made by, subtitle B of title XIII following is met: amendment intended to be proposed by of the Energy Policy Act of 2005. (1) The Select Committee on Intelligence him to the bill H.R. 4939, making emer- of the Senate and the Permanent Select gency supplemental appropriations for SA 3683. Mr. BIDEN submitted an Committee on Intelligence of the House of the fiscal year ending September 30, amendment intended to be proposed by Representatives, and each member of such 2006, and for other purposes; which was him to the bill H.R. 4939, making emer- committee, are kept fully and currently in- gency supplemental appropriations for formed of such program in accordance with ordered to lie on the table; as follows: section 502 of the National Security Act of Beginning on page 161, strike line 17 and the fiscal year ending September 30, 1947 (50 U.S.C. 413a). all that follows through page 162, line 4, and 2006, and for other purposes; which was (2) The Committees on the Judiciary of the insert the following: ordered to lie on the table; as follows: Senate and the House of Representatives are at the Inner Harbor Navigation Canal; and At the appropriate place, insert the fol- kept fully and currently informed of such $80,000,000 shall be used for incorporation of lowing: certain non-Federal levees in Plaquemines program in accordance with section 503 of SEC. ll. RESTORATION OF PHASEOUT OF PER- the National Security Act of 1947 (50 U.S.C. Parish, and in Jefferson Parish in the vicin- SONAL EXEMPTIONS AND OVERALL 413b). ity of Jean Lafitte, into the existing Federal LIMITATION ON ITEMIZED DEDUC- (b) SENSE OF CONGRESS.—It is the sense of levee system: Provided further, That any TIONS IN ORDER TO FUND ONGOING Congress that the Executive Branch should project using funds appropriated under this OPERATIONS IN IRAQ AND AFGHANI- inform the members of the Committees on heading shall be initiated only after non- STAN. the Judiciary of the Senate and the House of Federal interests have entered into binding (a) PERSONAL EXEMPTIONS.—Paragraph (3) Representatives on the NSA program and agreements with the Secretary to pay 100 of section 151(d) of the Internal Revenue any other program described in subsection percent of the operation, maintenance, re- Code of 1986 (relating to exemption amount) (a) in sufficient detail so as to facilitate and pair, replacement, and rehabilitation costs is amended by striking subparagraphs (E) ensure the discharge by such Committees of of the project and to hold and save the and (F). their oversight responsibilities to determine United States free from damages due to the (b) LIMITATIONS ON ITEMIZED DEDUCTIONS.— the constitutionality of Executive Branch construction or operation and maintenance Section 68 of the Internal Revenue Code of actions. of the project, except for damages due to the 1986 is amended by striking subsections (f) (c) NSA PROGRAM DEFINED.—In this sec- fault or negligence of the United States or and (g). tion, the term ‘‘NSA program’’ means the its contractors: Provided further, That (c) EFFECTIVE DATE.—The amendments program of the National Security Agency on $621,500,000 of the amount shall be available made by this section shall apply to taxable electronic surveillance within the United only years beginning after December 31, 2005.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3727 SA 3684. Ms. LANDRIEU submitted (5) A description of any plans of such agen- ment of this Act, and every 90 days there- an amendment intended to be proposed cy to employee, or secure by contract, per- after, the President shall submit to Congress by her to the bill H.R. 4939, making sonnel with speaking, reading, or both a report setting for the determination of the emergency supplemental appropria- speaking and reading proficiency in each President as to whether there is a civil war language identified under paragraph (4) in in Iraq. tions for the fiscal year ending Sep- order to meet the future need of such agency (b) ELEMENTS.—Each report required by tember 30, 2006, and for other purposes; for such personnel as described in that para- subsection (a) shall include the following: which was ordered to lie on the table; graph. (1) The criteria underlying the determina- as follows: (b) COVERED AGENCY DEFINED.—In section, tion contained in such report, including an On page 1, line 1 of the amendment, insert the term ‘‘covered agency’’ means the fol- assessment of— ‘‘as long as $5,200,000,000 is provided under lowing: (A) levels of sectarian violence; this heading’’ after ‘‘That’’. (1) The Department of Defense. (B) the numbers of civilians displaced; (2) The Department of State. (C) the degree to which government secu- SA 3685. Mr. LIEBERMAN submitted (3) The Office of the Director of National rity forces exercise effective control over an amendment intended to be proposed Intelligence with respect to— major urban areas; by him to the bill H.R. 4939, making (A) the Office of the Director of National (D) the extent to which units of the secu- emergency supplemental appropria- Intelligence; and rity forces (including army, police, and spe- (B) each agency under the direction of the tions for the fiscal year ending Sep- cial forces) respond to militia and party Office of the Director of National Intel- leaders rather than to their national com- tember 30, 2006, and for other purposes; ligence. mands; which was ordered to lie on the table; (E) the extent to which militias have orga- as follows: SA 3686. Mr. KENNEDY (for himself, nized or conducted hostile actions against On page 253, between lines 19 and 20, insert Mr. BIDEN, and Mr. LEAHY) submitted United States military forces; the following: an amendment intended to be proposed (F) the extent to which militias are pro- STRATEGIC LANGUAGE SECURITY by him to the bill H.R. 4939, making viding security; and SEC. 7032. (a) ANNUAL REPORTS.—Not later emergency supplemental appropria- (G) the number of civilian casualties as a than six months after the date of the enact- tions for the fiscal year ending Sep- result of sectarian violence. ment of this Act, and annually thereafter, tember 30, 2006, and for other purposes; (2) If in such report the President deter- the head of each covered agency shall submit which was ordered to lie on the table; mines that there is not a civil war in Iraq, a description (in unclassified form) of— to Congress a report setting forth the fol- as follows: lowing: (A) the efforts of the United States Gov- On page 126, between lines 12 and 13, insert ernment to help avoid civil war in Iraq; (1) The number of employees of such agen- the following: cy who speak, read, or both speak and read a (B) the strategy to protect the Armed UNITED STATES STRATEGY TO PROMOTE foreign language, set forth by— Forces of the United States in the event of DEMOCRACY IN IRAQ (A) language in which speaking, reading, or civil war in Iraq; and both speaking and reading proficiency exists; SEC. 1406. (a) Of the funds provided in this (C) the strategy to ensure that the Armed (B) for each employee who speaks, reads, or chapter for the Economic Support Fund, not Forces of the United States will not take both speaks and reads such language pro- less than $96,000,000 should be made available sides in the event of civil war in Iraq. ficiently, the level of speaking or reading through the Bureau of Democracy, Human (3) If in such report the President deter- proficiency, as applicable, and the date such Rights, and Labor of the Department of mines that there is a civil war in Iraq, a de- State, in coordination with the United proficiency was obtained; and scription (in unclassified form) of— States Agency for International Develop- (C) for each such language— (A) the mission and duration of the Armed ment where appropriate, to United States (i) the rank and category of each employee Forces of the United States in Iraq; nongovernmental organizations for the pur- who speaks such language at any level of (B) the strategy to protect the Armed pose of supporting broad-based democracy Forces of the United States while they re- proficiency; and assistance programs in Iraq that promote (ii) the rank and category of each em- main in Iraq; and the long term development of civil society, (C) the strategy to ensure that the Armed ployee who reads such language at any level political parties, election processes, and par- of proficiency. Forces of the United States will not take liament in that country. sides in the civil war in Iraq. (2) The pedagogical capability of such (b) The President shall include in each re- agency with respect to speaking or reading port submitted to Congress under the United Mr. KENNEDY submitted an proficiency in various languages, including— SA 3688. States Policy in Iraq Act (section 1227 of amendment intended to be proposed by (A) the number of full time and part-time Public Law 109–163; 50 U.S.C. 1541 note; 119 instructors in each language; Stat. 3465) a report on the extent to which him to the bill H.R. 4939, making emer- (B) the extent and nature of distance learn- funds appropriated in this Act support a gency supplemental appropriations for ing facilities; short-term and long-term strategy to pro- the fiscal year ending September 30, (C) the extent and nature of field and over- mote and develop democracy in Iraq. The re- 2006, and for other purposes; as follows: seas learning facilities; and port shall include the following: At the appropriate place, insert the fol- (D) the availability and use of textbooks, (1) A description of the objectives of the lowing: dictionaries, audio and video instructional Secretary of State to promote and develop SEC. ll. FUNDING FOR THE COVERED COUN- materials, and online instructional sites and democracy at the national, regional, and TERMEASURES PROCESS FUND. materials. provincial levels in Iraq, including develop- For an additional amount for funding the (3) An estimate of the needs of such agency ment of civil society, political parties, and Covered Countermeasures Process Fund over the next three to five years for per- government institutions. under section 319F–4 of the Public Health sonnel with speaking, reading, or both (2) The strategy to achieve such objectives. Service Act (42 U.S.C. 247d–6e), $289,000,000: speaking and reading proficiency in various (3) The schedule to achieve such objectives. Provided, That the amounts provided for foreign languages, including— (4) The progress made toward achieving under this section shall be designated as an (A) the number of personnel needed with such objectives. emergency requirement pursuant to section speaking, reading, or both speaking and (5) The principal official within the United 402 of H. Con. Res. 95 (109th Congress): Pro- reading proficiency in each such language; States Government responsible for coordi- vided further, That amounts provided for and nating and implementing democracy funding under this section shall remain available (B) the percentage of each rank and cat- for Iraq. until expended. egory of personnel of such agency of which personnel referred to in subparagraph (A) SA 3687. Mr. KENNEDY (for himself SA 3689. Mr. KENNEDY submitted an would consist. and Mr. LEAHY) submitted an amend- amendment intended to be proposed by (4) An identification of the languages for ment intended to be proposed by him him to the bill H.R. 4939, making emer- which such agency currently has a limited to the bill H.R. 4939, making emer- gency supplemental appropriations for current need for personnel with speaking, gency supplemental appropriations for reading, or both speaking and reading pro- the fiscal year ending September 30, the fiscal year ending September 30, 2006, and for other purposes; which was ficiency, but for which such agency could 2006, and for other purposes; which was have an expanded future need for such per- ordered to lie on the table; as follows: sonnel, and an identification of the min- ordered to lie on the table; as follows: At the appropriate place, insert the fol- imum number of personnel with speaking, On page 126, between lines 12 and 13, insert lowing: the following: reading, or both speaking and reading pro- SEC. ll. FUNDING FOR THE COVERED COUN- ficiency in such languages that is required REPORTS TO CONGRESS ON PREPAREDNESS FOR TERMEASURES PROCESS FUND. by such agency to maintain sufficient na- CIVIL WAR IN IRAQ For an additional amount for funding the tional security readiness with respect to SEC. 1406. (a) REPORTS REQUIRED.—Not Covered Countermeasures Process Fund such languages. later than 30 days after the date of the enact- under section 319F–4 of the Public Health

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Service Act (42 U.S.C. 247d–6e), $289,000,000: ‘‘(B) INJURIES, DISABILITIES, ILLNESSES, AND item may not exceed an amount equal to 400 Provided, That no funds appropriated under CONDITIONS.— percent of the amount that applies under this Act or any other provision of law shall ‘‘(i) INSTITUTE OF MEDICINE.—Not later than item (aa). be used to issue a declaration under section 30 days after making a declaration described ‘‘(vi) APPLICATION OF SECTION 2116.—Sec- 319F–3(b) of such Act (42 U.S.C. 247d–6d(b)) in subsection (p)(2), the Secretary shall enter tion 2116(b) shall apply to injuries, disabil- that specifies any countermeasure other into a contract with the Institute of Medi- ities, illnesses, and conditions initially spec- than a vaccine for pandemic influenza: Pro- cine, under which the Institute shall, within ified or revised by the Secretary under vided further, That the amounts provided for 180 days of the date on which the contract is clause (ii), except that the exceptions con- under this section shall be designated as an entered into, and periodically thereafter as tained in paragraphs (1) and (2) of such sec- emergency requirement pursuant to section new information, including information de- tion shall not apply. 402 of H. Con. Res. 95 (109th Congress): Pro- rived from the monitoring of those who were ‘‘(C) RULE OF CONSTRUCTION.—Section 13632 vided further, That amounts provided for administered the countermeasure, becomes (a)(3) of Public Law 103–66 (107 Stat. 646) under this section shall remain available available, provide its expert recommenda- (making revisions by Secretary to the Vac- until expended. tions on the injuries, disabilities, illnesses, cine Injury Table effective on the effective and conditions whose occurrence in one or Mr. KENNEDY submitted an date of a corresponding tax) shall not be con- SA 3690. more individuals are likely (based on best strued to apply to any revision to the Vac- amendment intended to be proposed by available evidence) to have been caused by cine Injury Table made under regulations him to the bill H.R. 4939, making emer- the administration of a countermeasure that under this paragraph. gency supplemental appropriations for is the subject of the declaration. ‘‘(5) APPLICATION.—The Compensation Pro- the fiscal year ending September 30, ‘‘(ii) SPECIFICATION BY SECRETARY.—Not gram applies to any death or injury, illness, 2006, and for other purposes; which was later than 30 days after the receipt of the ex- disability, or condition that is likely (based ordered to lie on the table; as follows: pert recommendations described in clause on best available evidence) to have been (i), the Secretary shall, based on such rec- At the appropriate place, insert the fol- caused by the administration of a covered ommendations, specify those injuries, dis- lowing: countermeasure to an individual pursuant to abilities, illnesses, and conditions deemed to a declaration under subsection (p)(2). TITLE ll—PUBLIC READINESS AND be included in the Vaccine Injury Table ‘‘(6) SPECIAL MASTERS.— EMERGENCY PREPAREDNESS under section 2114 for the purposes described ‘‘(A) HIRING.—In accordance with section SEC. ll01. SHORT TITLE, in subparagraph (A). 2112, the judges of the United States Claims This title may be cited as the ‘‘Responsible ‘‘(iii) PROGRAM GOALS.—The Institute of Court shall appoint a sufficient number of Public Readiness and Emergency Prepared- Medicine, under the contract under clause special masters to address claims for com- ness Act’’. (i), shall make such recommendations, the pensation under this subsection. SEC. ll02. REPEAL. Secretary shall specify, under clause (ii), ‘‘(B) BUDGET AUTHORITY.—There are appro- The Public Readiness and Emergency Pre- such injuries, disabilities, illnesses, and con- priated to carry out this subsection such paredness Act (division C of the Department ditions, and claims under the Compensation sums as may be necessary for fiscal year 2006 of Defense, Emergency Supplemental Appro- Program under this subsection shall be proc- and each fiscal year thereafter. This sub- priations to Address Hurricanes in the Gulf essed and decided taking into account the paragraph constitutes budget authority in of Mexico, and Pandemic Influenza Act, 2006 following goals of such program: advance of appropriations and represents the (Public Law 109-148)) is repealed. ‘‘(I) To encourage persons to develop, man- obligation of the Federal Government. SEC. ll03. NATIONAL BIODEFENSE INJURY ufacture, and distribute countermeasures, ‘‘(7) COVERED COUNTERMEASURE.—For pur- COMPENSATION PROGRAM. and to administer covered countermeasures poses of this subsection, the term ‘covered (a) ESTABLISHMENT.—Section 224 of the to individuals, by limiting such persons’ li- countermeasure’ has the meaning given to Public Health Service Act (42 U.S.C. 233) is ability for damages related to death and such term in subsection (p)(7)(A). amended by adding at the end the following: such injuries, disabilities, illnesses, and con- ‘‘(8) FUNDING.—Compensation made under ‘‘(q) BIODEFENSE INJURY COMPENSATION ditions. the Compensation Program shall be made PROGRAM.— ‘‘(II) To encourage individuals to consent from the same source of funds as payments ‘‘(1) ESTABLISHMENT.—There is established to the administration of a covered counter- the Biodefense Injury Compensation Pro- measure by providing adequate and just com- made under subsection (p).’’. gram (referred to in this subsection as the pensation for damages related to death and (b) EFFECTIVE DATE.—This section shall ‘Compensation Program’) under which com- such injuries, disabilities, illnesses, or condi- take effect as of November 25, 2002 (the date pensation may be paid for death or any in- tions. of enactment of the Homeland Security Act jury, illness, disability, or condition that is ‘‘(III) To provide individuals seeking com- of 2002 (Pub. L. 107–296; 116 Stat. 2135)). likely (based on best available evidence) to pensation for damages related to the admin- SEC. ll04. INDEMNIFICATION FOR MANUFAC- have been caused by the administration of a istration of a countermeasure with a non-ad- TURERS AND HEALTH CARE PRO- covered countermeasure to an individual versarial administrative process for obtain- FESSIONALS WHO ADMINISTER MED- pursuant to a declaration under subsection ing adequate and just compensation. ICAL PRODUCTS NEEDED FOR BIO- (p)(2). ‘‘(iv) USE OF BEST AVAILABLE EVIDENCE.— DEFENSE. ‘‘(2) ADMINISTRATION AND INTERPRETA- The Institute of Medicine, under the con- Section 224(p) of the Public Health Service TION.—The statutory provisions governing tract under clause (i), shall make such rec- Act (42 U.S.C. 233(p)) is amended— the Compensation Program shall be adminis- ommendations, the Secretary shall specify, (1) in the subsection heading by striking tered and interpreted in consideration of the under clause (ii), such injuries, disabilities, ‘‘SMALLPOX’’; program goals described in paragraph illnesses, and conditions, and claims under (2) in paragraph (1), by striking ‘‘against (4)(B)(iii). the Compensation Program under this sub- smallpox’’; ‘‘(3) PROCEDURES AND STANDARDS.—The section shall be processed and decided using (3) in paragraph (2)— Secretary shall by regulation establish pro- the best available evidence, including infor- (A) in the paragraph heading, by striking cedures and standards applicable to the Com- mation from adverse event reporting or ‘‘AGAINST SMALLPOX’’; and pensation Program that follow the proce- other monitoring of those individuals who (B) in subparagraph (B), by striking clause dures and standards applicable under the Na- were administered the countermeasure, (ii); tional Vaccine Injury Compensation Pro- whether evidence from clinical trials or (4) by striking paragraph (3) and inserting gram established under section 2110, except other scientific studies in humans is avail- the following: that the regulations promulgated under this able. ‘‘(3) EXCLUSIVITY; OFFSET.— paragraph shall permit a person claiming in- ‘‘(v) APPLICATION OF SECTION 2115.—With re- ‘‘(A) EXCLUSIVITY.—With respect to an in- jury or death related to the administration spect to section 2115(a)(2) as applied for pur- dividual to which this subsection applies, of any covered countermeasure to file ei- poses of this subsection, an award for the es- such individual may bring a claim for relief ther— tate of the deceased shall be— under— ‘‘(A) a civil action for relief under sub- ‘‘(I) if the deceased was under the age of 18, ‘‘(i) this subsection; section (p); or an amount equal to the amount that may be ‘‘(ii) subsection (q); or ‘‘(B) a petition for compensation under this paid to a survivor or survivors as death bene- ‘‘(iii) part C. subsection. fits under the Public Safety Officers’ Bene- ‘‘(B) ELECTION OF ALTERNATIVES.—An indi- ‘‘(4) INJURY TABLE.— fits Program under subpart 1 of part L of vidual may only pursue one remedy under ‘‘(A) INCLUSION.—For purposes of receiving title I of the Omnibus Crime Control and subparagraph (A) at any one time based on compensation under the Compensation Pro- Safe Streets Act of 1968 (42 U.S.C. 3796 et the same incident or series of incidents. An gram with respect to a countermeasure that seq.); or individual who elects to pursue the remedy is the subject of a declaration under sub- ‘‘(II) if the deceased was 18 years of age or under subsection (q) or part C may decline section (p)(2), the Vaccine Injury Table older, the greater of— any compensation awarded with respect to under section 2114 shall be deemed to include ‘‘(aa) the amount described in subclause such remedy and subsequently pursue the death and the injuries, disabilities, illnesses, (I); or remedy provided for under this subsection. and conditions specified by the Secretary ‘‘(bb) the projected loss of employment in- An individual who elects to pursue the rem- under subparagraph (B)(ii). come, except that the amount under this edy provided for under this subsection may

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3729 not subsequently pursue the remedy pro- most recent domicile with the United of Mexico, and Pandemic Influenza Act, 2006 vided for under subsection (q) or part C. States.’’; and (Public Law 109-148)) is repealed. ‘‘(C) STATUTE OF LIMITATIONS.—For pur- (6) in paragraph (7)— poses of determining how much time has (A) by striking subparagraph (A) and in- SEC. ll03. NATIONAL BIODEFENSE INJURY COMPENSATION PROGRAM. lapsed when applying statute of limitations serting the following: requirements relating to remedies under sub- ‘‘(A) COVERED COUNTERMEASURE.—The term (a) ESTABLISHMENT.—Section 224 of the paragraph (A), any limitation of time for ‘covered countermeasure’, means— Public Health Service Act (42 U.S.C. 233) is commencing an action, or filing an applica- ‘‘(i) a substance that is— amended by adding at the end the following: tion, petition, or claim for such remedies, ‘‘(I)(aa) used to prevent or treat smallpox ‘‘(q) BIODEFENSE INJURY COMPENSATION shall be deemed to have been suspended for (including the vaccinia or another vaccine); PROGRAM.— the periods during which an individual pur- or ‘‘(1) ESTABLISHMENT.—There is established sues a remedy under such subparagraph. ‘‘(bb) vaccinia immune globulin used to the Biodefense Injury Compensation Pro- ‘‘(D) OFFSET.—The value of all compensa- control or treat the adverse effects of gram (referred to in this subsection as the tion and benefits provided under subsection vaccinia inoculation; and ‘Compensation Program’) under which com- (q) or part C of this title for an incident or ‘‘(II) specified in a declaration under para- pensation may be paid for death or any in- series of incidents shall be offset against the graph (2); or jury, illness, disability, or condition that is amount of an award, compromise, or settle- ‘‘(ii) a drug (as such term is defined in sec- likely (based on best available evidence) to ment of money damages in a claim or suit tion 201(g)(1) of the Federal Food, Drug, and have been caused by the administration of a under this subsection based on the same inci- Cosmetic Act), biological product (as such covered countermeasure to an individual dent or series of incidents.’’; term is defined in section 351(i) of this Act), pursuant to a declaration under subsection (5) in paragraph (6)— or device (as such term is defined in section (p)(2). (A) in subparagraph (A), by inserting ‘‘or 201(h) of the Federal Food, Drug, and Cos- ‘‘(2) ADMINISTRATION AND INTERPRETA- under subsection (q) or part C’’ after ‘‘under metic Act) that— TION.—The statutory provisions governing this subsection’’; and ‘‘(I) the Secretary determines to be a pri- the Compensation Program shall be adminis- (B) by redesignating subparagraph (B) as ority (consistent with sections 302(2) and tered and interpreted in consideration of the subparagraph (C); 304(a) of the Homeland Security Act of 2002) program goals described in paragraph (C) by inserting after subparagraph (A), the to treat, identify, or prevent harm from any following: (4)(B)(iii). biological, chemical, radiological, or nuclear ‘‘(3) PROCEDURES AND STANDARDS.—The ‘‘(B) GROSSLY NEGLIGENT, RECKLESS, OR IL- agent identified as a material threat under Secretary shall by regulation establish pro- LEGAL CONDUCT AND WILLFUL MISCONDUCT.— section 319F–2(c)(2)(A)(ii), or to treat, iden- For purposes of subparagraph (A), grossly cedures and standards applicable to the Com- tify, or prevent harm from a condition that pensation Program that follow the proce- negligent, reckless, or illegal conduct or may result in adverse health consequences or willful misconduct shall include the adminis- dures and standards applicable under the Na- death and may be caused by administering a tional Vaccine Injury Compensation Pro- tration by a qualified person of a covered drug, biological product, or device against countermeasure to an individual who was gram established under section 2110, except such an agent; that the regulations promulgated under this not within a category of individuals covered ‘‘(II) is— by a declaration under subsection (p)(2) with paragraph shall permit a person claiming in- ‘‘(aa) authorized for emergency use under respect to such countermeasure where the jury or death related to the administration section 564 of the Federal Food, Drug, and qualified person fails to have had reasonable of any covered countermeasure to file ei- Cosmetic Act, so long as the manufacturer of grounds to believe such individual was with- ther— such drug, biological product, or device has— in such a category.’’; and ‘‘(A) a civil action for relief under sub- ‘‘(AA) made all reasonable efforts to ob- (D) by adding at the end the following: section (p); or tain applicable approval, clearance, or licen- ‘‘(D) LIABILITY OF THE UNITED STATES.—The ‘‘(B) a petition for compensation under this sure; and United States shall be liable under this sub- subsection. ‘‘(BB) cooperated fully with the require- section with respect to a claim arising out of ‘‘(4) INJURY TABLE.— ments of the Secretary under such section the manufacture, distribution, or adminis- ‘‘(A) INCLUSION.—For purposes of receiving tration of a covered countermeasure regard- 564; or compensation under the Compensation Pro- less of whether— ‘‘(bb) approved or licensed solely pursuant gram with respect to a countermeasure that ‘‘(i) the cause of action seeking compensa- to the regulations under subpart I of part 314 is the subject of a declaration under sub- tion is alleged as negligence, strict liability, or under subpart H of part 601 of title 21, section (p)(2), the Vaccine Injury Table breach of warranty, failure to warn, or other Code of Federal Regulations (as in effect on under section 2114 shall be deemed to include action; or the date of enactment of the National Bio- death and the injuries, disabilities, illnesses, ‘‘(ii) the covered countermeasure is des- defense Act of 2005); and and conditions specified by the Secretary ignated as a qualified anti-terrorism tech- ‘‘(III) is specified in a declaration under under subparagraph (B)(ii). nology under the SAFETY Act (6 U.S.C. 441 paragraph (2).’’; and ‘‘(B) INJURIES, DISABILITIES, ILLNESSES, AND et seq.).’’ (B) in subparagraph (B)— CONDITIONS.— ‘‘(E) GOVERNING LAW.—Notwithstanding (i) by striking clause (ii), and inserting the ‘‘(i) INSTITUTE OF MEDICINE.—Not later than the provisions of section 1346(b)(1) and chap- following: 30 days after making a declaration described ter 171 of title 28, United States Code, as ‘‘(ii) a health care entity, a State, or a po- in subsection (p)(2), the Secretary shall enter they relate to governing law, the liability of litical subdivision of a State under whose into a contract with the Institute of Medi- the United States as provided in this sub- auspices such countermeasure was adminis- cine, under which the Institute shall, within section shall be in accordance with the law tered;’’ and 180 days of the date on which the contract is of the place of injury. (vi) in clause (viii), by inserting before the entered into, and periodically thereafter as ‘‘(F) MILITARY PERSONNEL AND UNITED period ‘‘if such individual performs a func- new information, including information de- STATES CITIZENS OVERSEAS.— tion for which a person described in clause rived from the monitoring of those who were ‘‘(i) MILITARY PERSONNEL.—The liability of (i), (ii), or (iv) is a covered person’’. administered the countermeasure, becomes the United States as provided in this sub- available, provide its expert recommenda- section shall extend to claims brought by SA 3691. Mr. KENNEDY submitted an tions on the injuries, disabilities, illnesses, United States military personnel. amendment intended to be proposed by and conditions whose occurrence in one or ‘‘(ii) CLAIMS ARISING IN A FOREIGN COUN- him to the bill H.R. 4939, making emer- more individuals are likely (based on best TRY.—Notwithstanding the provisions of sec- gency supplemental appropriations for available evidence) to have been caused by tion 2680(k) of title 28, United States Code, the fiscal year ending September 30, the administration of a countermeasure that the liability of the United States as provided 2006, and for other purposes; which was is the subject of the declaration. for in the subsection shall extend to claims ordered to lie on the table; as follows: ‘‘(ii) SPECIFICATION BY SECRETARY.—Not based on injuries arising in a foreign country later than 30 days after the receipt of the ex- At the appropriate place, insert the fol- where the injured party is a member of the pert recommendations described in clause lowing: United States military, is the spouse or child (i), the Secretary shall, based on such rec- of a member of the United States military, TITLE ll—PUBLIC READINESS AND ommendations, specify those injuries, dis- or is a United States citizen. EMERGENCY PREPAREDNESS abilities, illnesses, and conditions deemed to ‘‘(iii) GOVERNING LAW.—With regard to all SEC. ll01. SHORT TITLE, be included in the Vaccine Injury Table claims brought under clause (ii), and not- This title may be cited as the ‘‘Responsible under section 2114 for the purposes described withstanding the provisions of section Public Readiness and Emergency Prepared- in subparagraph (A). 1346(b)(1) and chapter 171 of title 28, United ness Act’’. ‘‘(iii) PROGRAM GOALS.—The Institute of States Code, and of subparagraph (C), as they SEC. ll02. REPEAL. Medicine, under the contract under clause relate to governing law, the liability of the The Public Readiness and Emergency Pre- (i), shall make such recommendations, the United States as provided in this subsection paredness Act (division C of the Department Secretary shall specify, under clause (ii), shall be in accordance with the law of the of Defense, Emergency Supplemental Appro- such injuries, disabilities, illnesses, and con- claimant’s domicile in the United States or priations to Address Hurricanes in the Gulf ditions, and claims under the Compensation

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3730 CONGRESSIONAL RECORD — SENATE April 27, 2006 Program under this subsection shall be proc- and each fiscal year thereafter. This sub- not within a category of individuals covered essed and decided taking into account the paragraph constitutes budget authority in by a declaration under subsection (p)(2) with following goals of such program: advance of appropriations and represents the respect to such countermeasure where the ‘‘(I) To encourage persons to develop, man- obligation of the Federal Government. qualified person fails to have had reasonable ufacture, and distribute countermeasures, ‘‘(7) COVERED COUNTERMEASURE.—For pur- grounds to believe such individual was with- and to administer covered countermeasures poses of this subsection, the term ‘covered in such a category.’’; and to individuals, by limiting such persons’ li- countermeasure’ has the meaning given to (D) by adding at the end the following: ability for damages related to death and such term in subsection (p)(7)(A). ‘‘(D) LIABILITY OF THE UNITED STATES.—The such injuries, disabilities, illnesses, and con- ‘‘(8) FUNDING.—Compensation made under United States shall be liable under this sub- ditions. the Compensation Program shall be made section with respect to a claim arising out of ‘‘(II) To encourage individuals to consent from the same source of funds as payments the manufacture, distribution, or adminis- to the administration of a covered counter- made under subsection (p).’’. tration of a covered countermeasure regard- measure by providing adequate and just com- (b) EFFECTIVE DATE.—This section shall less of whether— pensation for damages related to death and take effect as of November 25, 2002 (the date ‘‘(i) the cause of action seeking compensa- such injuries, disabilities, illnesses, or condi- of enactment of the Homeland Security Act tion is alleged as negligence, strict liability, tions. of 2002 (Pub. L. 107–296; 116 Stat. 2135)). breach of warranty, failure to warn, or other ‘‘(III) To provide individuals seeking com- SEC. ll04. INDEMNIFICATION FOR MANUFAC- action; or pensation for damages related to the admin- TURERS AND HEALTH CARE PRO- ‘‘(ii) the covered countermeasure is des- istration of a countermeasure with a non-ad- FESSIONALS WHO ADMINISTER MED- ignated as a qualified anti-terrorism tech- versarial administrative process for obtain- ICAL PRODUCTS NEEDED FOR BIO- nology under the SAFETY Act (6 U.S.C. 441 ing adequate and just compensation. DEFENSE. et seq.).’’ Section 224(p) of the Public Health Service ‘‘(iv) USE OF BEST AVAILABLE EVIDENCE.— ‘‘(E) GOVERNING LAW.—Notwithstanding Act (42 U.S.C. 233(p)) is amended— The Institute of Medicine, under the con- the provisions of section 1346(b)(1) and chap- (1) in the subsection heading by striking tract under clause (i), shall make such rec- ter 171 of title 28, United States Code, as ‘‘SMALLPOX’’; ommendations, the Secretary shall specify, they relate to governing law, the liability of (2) in paragraph (1), by striking ‘‘against under clause (ii), such injuries, disabilities, the United States as provided in this sub- illnesses, and conditions, and claims under smallpox’’; section shall be in accordance with the law the Compensation Program under this sub- (3) in paragraph (2)— of the place of injury. (A) in the paragraph heading, by striking section shall be processed and decided using ‘‘(F) MILITARY PERSONNEL AND UNITED ‘‘AGAINST SMALLPOX’’; and the best available evidence, including infor- STATES CITIZENS OVERSEAS.— (B) in subparagraph (B), by striking clause mation from adverse event reporting or ‘‘(i) MILITARY PERSONNEL.—The liability of other monitoring of those individuals who (ii); the United States as provided in this sub- were administered the countermeasure, (4) by striking paragraph (3) and inserting section shall extend to claims brought by whether evidence from clinical trials or the following: United States military personnel. other scientific studies in humans is avail- ‘‘(3) EXCLUSIVITY; OFFSET.— ‘‘(ii) CLAIMS ARISING IN A FOREIGN COUN- able. ‘‘(A) EXCLUSIVITY.—With respect to an in- TRY.—Notwithstanding the provisions of sec- ‘‘(v) APPLICATION OF SECTION 2115.—With re- dividual to which this subsection applies, tion 2680(k) of title 28, United States Code, spect to section 2115(a)(2) as applied for pur- such individual may bring a claim for relief the liability of the United States as provided poses of this subsection, an award for the es- under— for in the subsection shall extend to claims tate of the deceased shall be— ‘‘(i) this subsection; based on injuries arising in a foreign country ‘‘(I) if the deceased was under the age of 18, ‘‘(ii) subsection (q); or where the injured party is a member of the an amount equal to the amount that may be ‘‘(iii) part C. United States military, is the spouse or child paid to a survivor or survivors as death bene- ‘‘(B) ELECTION OF ALTERNATIVES.—An indi- of a member of the United States military, fits under the Public Safety Officers’ Bene- vidual may only pursue one remedy under or is a United States citizen. fits Program under subpart 1 of part L of subparagraph (A) at any one time based on ‘‘(iii) GOVERNING LAW.—With regard to all title I of the Omnibus Crime Control and the same incident or series of incidents. An claims brought under clause (ii), and not- Safe Streets Act of 1968 (42 U.S.C. 3796 et individual who elects to pursue the remedy withstanding the provisions of section seq.); or under subsection (q) or part C may decline 1346(b)(1) and chapter 171 of title 28, United ‘‘(II) if the deceased was 18 years of age or any compensation awarded with respect to States Code, and of subparagraph (C), as they older, the greater of— such remedy and subsequently pursue the relate to governing law, the liability of the ‘‘(aa) the amount described in subclause remedy provided for under this subsection. United States as provided in this subsection (I); or An individual who elects to pursue the rem- shall be in accordance with the law of the ‘‘(bb) the projected loss of employment in- edy provided for under this subsection may claimant’s domicile in the United States or come, except that the amount under this not subsequently pursue the remedy pro- most recent domicile with the United item may not exceed an amount equal to 400 vided for under subsection (q) or part C. States.’’; and percent of the amount that applies under ‘‘(C) STATUTE OF LIMITATIONS.—For pur- (6) in paragraph (7)— item (aa). poses of determining how much time has (A) by striking subparagraph (A) and in- ‘‘(vi) APPLICATION OF SECTION 2116.—Sec- lapsed when applying statute of limitations serting the following: tion 2116(b) shall apply to injuries, disabil- requirements relating to remedies under sub- ‘‘(A) COVERED COUNTERMEASURE.—The term ities, illnesses, and conditions initially spec- paragraph (A), any limitation of time for ‘covered countermeasure’, means— ified or revised by the Secretary under commencing an action, or filing an applica- ‘‘(i) a substance that is— clause (ii), except that the exceptions con- tion, petition, or claim for such remedies, ‘‘(I)(aa) used to prevent or treat smallpox tained in paragraphs (1) and (2) of such sec- shall be deemed to have been suspended for (including the vaccinia or another vaccine); tion shall not apply. the periods during which an individual pur- or ‘‘(C) RULE OF CONSTRUCTION.—Section 13632 sues a remedy under such subparagraph. ‘‘(bb) vaccinia immune globulin used to (a)(3) of Public Law 103–66 (107 Stat. 646) ‘‘(D) OFFSET.—The value of all compensa- control or treat the adverse effects of (making revisions by Secretary to the Vac- tion and benefits provided under subsection vaccinia inoculation; and cine Injury Table effective on the effective (q) or part C of this title for an incident or ‘‘(II) specified in a declaration under para- date of a corresponding tax) shall not be con- series of incidents shall be offset against the graph (2); or strued to apply to any revision to the Vac- amount of an award, compromise, or settle- ‘‘(ii) a drug (as such term is defined in sec- cine Injury Table made under regulations ment of money damages in a claim or suit tion 201(g)(1) of the Federal Food, Drug, and under this paragraph. under this subsection based on the same inci- Cosmetic Act), biological product (as such ‘‘(5) APPLICATION.—The Compensation Pro- dent or series of incidents.’’; term is defined in section 351(i) of this Act), gram applies to any death or injury, illness, (5) in paragraph (6)— or device (as such term is defined in section disability, or condition that is likely (based (A) in subparagraph (A), by inserting ‘‘or 201(h) of the Federal Food, Drug, and Cos- on best available evidence) to have been under subsection (q) or part C’’ after ‘‘under metic Act) that— caused by the administration of a covered this subsection’’; and ‘‘(I) the Secretary determines to be a pri- countermeasure to an individual pursuant to (B) by redesignating subparagraph (B) as ority (consistent with sections 302(2) and a declaration under subsection (p)(2). subparagraph (C); 304(a) of the Homeland Security Act of 2002) ‘‘(6) SPECIAL MASTERS.— (C) by inserting after subparagraph (A), the to treat, identify, or prevent harm from any ‘‘(A) HIRING.—In accordance with section following: biological, chemical, radiological, or nuclear 2112, the judges of the United States Claims ‘‘(B) GROSSLY NEGLIGENT, RECKLESS, OR IL- agent identified as a material threat under Court shall appoint a sufficient number of LEGAL CONDUCT AND WILLFUL MISCONDUCT.— section 319F–2(c)(2)(A)(ii), or to treat, iden- special masters to address claims for com- For purposes of subparagraph (A), grossly tify, or prevent harm from a condition that pensation under this subsection. negligent, reckless, or illegal conduct or may result in adverse health consequences or ‘‘(B) BUDGET AUTHORITY.—There are appro- willful misconduct shall include the adminis- death and may be caused by administering a priated to carry out this subsection such tration by a qualified person of a covered drug, biological product, or device against sums as may be necessary for fiscal year 2006 countermeasure to an individual who was such an agent;

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3731 ‘‘(II) is— (D) Appropriate medical surveillance for which was ordered to lie on the table; ‘‘(aa) authorized for emergency use under workers exposed to the pandemic influenza as follows: section 564 of the Federal Food, Drug, and virus, including the H5N1 virus. SEC. ll. None of the funds appropriated Cosmetic Act, so long as the manufacturer of (E) Immunization against the pandemic in- or otherwise made available by this Act or such drug, biological product, or device has— fluenza virus, if such a vaccine has been ap- any other Act may be obligated or expended ‘‘(AA) made all reasonable efforts to ob- proved by the Food and Drug Administration in connection with United States participa- tain applicable approval, clearance, or licen- and is available. tion in, or support for, the activities of the sure; and (2) EFFECTIVE DATE.—The emergency United Nations Human Rights Council. ‘‘(BB) cooperated fully with the require- standard issued under paragraph (1) shall SEC. ll. (a) Of the amounts appropriated ments of the Secretary under such section take effect not later than 90 days after the or otherwise made available for the Sec- 564; or promulgation of such standard, except that retary of State for each of fiscal years 2006 ‘‘(bb) approved or licensed solely pursuant the effective date for any requirements for and 2007 to pay the United States share of as- to the regulations under subpart I of part 314 engineering controls shall go into effect not sessed contributions for the regular budget or under subpart H of part 601 of title 21, later than 90 days after the promulgation of of the United Nations, $4,300,000 shall be Code of Federal Regulations (as in effect on the final permanent standard. The provisions withheld from such payment, and shall be the date of enactment of the National Bio- of the emergency temporary standard shall available instead for the purposes described defense Act of 2005); and remain in effect until the final permanent in subsection (b). ‘‘(III) is specified in a declaration under standard is in effect. (b) The purposes referred to in subsection (c) PANDEMIC INFLUENZA PREPAREDNESS paragraph (2).’’; and (a) are the establishment and operation of a PLAN REVISIONS.— (B) in subparagraph (B)— state-of-the-art advanced training skills fa- (1) MINIMAL REQUIREMENTS.—Within 30 days (i) by striking clause (ii), and inserting the cility to rehabilitate injured veterans at after the date of the enactment of this Act, following: Brooke Army Medical Center in San Anto- the Secretary of Health and Human Services ‘‘(ii) a health care entity, a State, or a po- nio, Texas. shall revise the provisions of the pandemic litical subdivision of a State under whose (c) Amounts withheld under subsection (a) influenza plan of the Department of Health auspices such countermeasure was adminis- shall remain available until expended for the and Human Services to conform with the tered;’’ and purposes described in subsection (b). (vi) in clause (viii), by inserting before the minimal worker protection requirements set forth in subsection (b). period ‘‘if such individual performs a func- SA 3693. Mr. OBAMA (for himself and tion for which a person described in clause (2) FINAL STANDARD.—Within 30 days of the Mr. COBURN) submitted an amendment (i), (ii), or (iv) is a covered person’’. promulgation of a final standard under sub- intended to be proposed by him to the SEC. ll05. PREPAREDNESS AND RESPONSE. section (b), the Secretary of Health and bill H.R. 4939, making emergency sup- (a) IN GENERAL.—The Secretary of Labor Human Services shall modify the pandemic and the Secretary of Health and Human influenza plan of the Department of Health plemental appropriations for the fiscal Services shall develop and issue workplace and Human Services to conform with the year ending September 30, 2006, and for standards, recommendations and plans to provisions of the occupational safety and other purposes; as follows: health standard issued by the Secretary of protect health care workers and first re- On page 253, between lines 19 and 20, insert Labor. sponders, including police, firefighters, and the following: SEC. ll06. RELATION TO STATES AND POLIT- emergency medical personnel from work- LIMITS ON ADMINISTRATIVE COSTS UNDER place exposure to pandemic influenza. Such ICAL SUBDIVISIONS RECEIVING FUNDS UNDER SECTION 319 of PHSA. FEDERAL CONTRACTS standards, recommendations and plans shall An award of a grant, cooperative agree- set forth appropriate measures to protect SEC. 7032. None of the funds appropriated ment, or contract may not be made to any workers both in preparation for a potential by this Act may be used by an executive State or political subdivision of a State pandemic influenza occurrence and in re- agency to enter into any Federal contract under any program receiving funds under sponse to an actual occurrence of pandemic (including any subcontract or follow-on con- section 319 of the Public Health Service Act influenza. tract) for which the administrative overhead (42 U.S.C. 247d) unless the State or political and contract management expenses exceed (b) WORKPLACE SAFETY AND HEALTH STAND- subdivision agrees to comply with the stand- the reasonable industry standard as pub- ARDS.— ards issued under section ll05 for pro- lished by the Director of the Office of Man- (1) IN GENERAL.—Within 6 months after the tecting health care workers and first re- date of the enactment of this Act, pursuant agement and Budget unless, not later than 3 sponders from pandemic influenza. to section 6(c) of the Occupational Safety days before entering into the contract, the and Health Act, the Secretary of Labor, in SEC. ll07. PROTECTION OF POULTRY WORKERS. head of the executive agency provides to the (a) IN GENERAL.—Not later than 30 days consultation with the Director of the Na- chair and ranking member of the relevant after the date of the enactment of this Act, tional Institute for Occupational Safety and oversight committees of the Senate and the the Secretary of Health and Human Services, Health, shall develop and issue an emergency House of Representatives a copy of the con- in coordination with the Secretary of Agri- temporary standard for the protection of tract, any other documentation requested by culture, the Secretary of Interior, and the health care workers and first responders Congress, and a justification for excessive Secretary of Labor, shall convene a meeting against occupational exposure to pandemic overhead expense. of experts, representatives of the poultry in- influenza, including avian influenza caused dustry, representatives of poultry workers by the H5N1 virus. Within 6 months after the SA 3694. Mr. OBAMA (for himself and and other appropriate parties to evaluate the issuance of an emergency standard, the Sec- Mr. COBURN) submitted an amendment risks to poultry workers posed by exposure retary of Labor shall issue a final permanent intended to be proposed by him to the to the H5N1 virus, the likelihood of trans- standard for occupational exposure to pan- bill H.R. 4939, making emergency sup- mission of the virus from birds to poultry demic influenza under section 6(b) of the Oc- plemental appropriations for the fiscal workers and the necessary measures to pro- cupational Safety and Health Act. The emer- tect poultry workers from exposure. year ending September 30, 2006, and for gency temporary standard and final perma- (b) REVISION OF PREPAREDNESS PLAN.—Not other purposes; as follows: nent standard shall provide, at a minimum, later than 30 days after the meeting under On page 253, between lines 19 and 20, insert for the following: subsection (a), the Secretary shall revise the the following: (A) The development and implementation HHS Pandemic Influenza Plan to include the of an exposure control plan to protect work- ACCOUNTABILITY IN HURRICANE RECOVERY findings and recommendations of the partici- ers from airborne and contact hazards in CONTRACTING pants in the meeting. conformance with the Guideline for Pro- SEC. 7032. None of the funds appropriated (c) IMPLEMENTATION OF RECOMMENDA- tecting Workers Against Avian Flu issued by by this Act that are made available for relief TIONS.—The Secretary of Health and Human the Occupational Safety and Health Admin- Services, the Secretary of Agriculture, the and recovery efforts related to Hurricane istration March 2004, the Centers for Disease Secretary of Interior, and the Secretary of Katrina and the other hurricanes of the 2005 Control and Prevention Interim Rec- Labor shall take the recommended steps to season may be used by an executive agency ommendations for Infection Control in implement the recommendations of the par- to enter into any Federal contract (including Health-Care Facilities Caring for Patients ticipants in the meeting under subsection any follow-on contract) exceeding $1,000,000 with Known or Suspected Avian Influenza (a). through the use of procedures other than issued May 21, 2004, and the World Health Or- competitive procedures as required by the ganization (WHO) Global Influenza Prepared- SA 3692. Mr. FRIST (for himself, Mr. Federal Acquisition Regulation and, as ap- ness Plan issued April 2005. SANTORUM, and Mr. ENSIGN) submitted plicable, section 303(a) of the Federal Prop- (B) Personal protective equipment, in con- an amendment intended to be proposed erty and Administrative Services Act of 1949 formance with the requirements of 29 CFR (41 U.S.C. 253(a)) or section 2304(a) of title 10, 1910.134 and 29 CFR 1910.132. by him to the bill H.R. 4939, making United States Code, unless the Director of (C) Training and information in conform- emergency supplemental appropria- the Office of Management and Budget spe- ance with the OSHA Bloodborne Pathogens tions for the fiscal year ending Sep- cifically approves the use of such procedures standard under 29 CFR 1910.1030(g). tember 30, 2006, and for other purposes; for such contract, and not later than 7 days

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after entering into the contract, the execu- and ranking member of the relevant over- (1) APPOINTMENT.—The Hurricane Katrina tive agency provides to the chair and rank- sight committees of the Senate and the Recovery Chief Financial Officer shall be the ing member of the relevant oversight com- House of Representatives a copy of the con- head of the Office. The Chief Financial Offi- mittees of the Senate and the House of Rep- tract, the justification for the procedures cer shall be appointed by the President, by resentatives a copy of the contract, the jus- used, the date when the contract will end, and with the advice and consent of the Sen- tification for the procedures used, the date and the steps being taken to ensure that any ate. when the contract will end, and the steps future contracts for the product or service or (2) QUALIFICATIONS.—The Chief Financial being taken to ensure that any future con- with the same vendor will follow the appro- Officer shall— tracts for the product or service or with the priate competitive procedures. (A) have the qualifications required under same vendor will follow the appropriate com- (b) None of the funds appropriated by this section 901(a)(3) of title 31, United States petitive procedures. Act may be used by an executive agency to Code; and enter into any Federal contract (including (B) have knowledge of Federal contracting SA 3695. Mr. OBAMA (for himself and any subcontract or follow-on contract) for and policymaking functions. Mr. COBURN) submitted an amendment which the administrative overhead and con- (c) AUTHORITIES AND FUNCTIONS.— intended to be proposed by him to the tract management expenses exceed the rea- (1) IN GENERAL.—The Chief Financial Offi- bill H.R. 4939, making emergency sup- sonable industry standard as published by cer shall— plemental appropriations for the fiscal the Director of the Office of Management (A) be responsible for the efficient and ef- and Budget unless, not later than 3 days be- fective use of Federal funds in all activities year ending September 30, 2006, and for fore entering into the contract, the head of other purposes; as follows: relating to the recovery from Hurricane the executive agency provides to the chair Katrina; On page 253, between lines 19 and 20, insert and ranking member of the relevant over- (B) strive to ensure that— the following: sight committees of the Senate and the (i) priority in the distribution of Federal FINANCIAL TRANSPARENCY IN HURRICANE House of Representatives a copy of the con- relief funds is given to individuals and orga- RECOVERY CONTRACTING tract, any other documentation requested by nizations most in need of financial assist- SEC. 7032. None of the funds appropriated Congress, and a justification for excessive ance; and by this Act that are made available for relief overhead expense. (ii) priority in the distribution of Federal and recovery efforts related to Hurricane (c) None of the funds appropriated by this reconstruction funds is given to business en- Katrina and other hurricanes of the 2005 sea- Act that are made available for relief and re- tities that are based in Louisiana, Mis- son may be used by an executive agency to covery efforts related to Hurricane Katrina sissippi, Alabama, or Florida or business en- enter into any Federal contract (including and other hurricanes of the 2005 season may tities that hire workers who resided in those any follow-on contract) exceeding $250,000 be used by an executive agency to enter into States on August 24, 2005; unless the Director of the Office of Manage- any Federal contract (including any follow- (C) perform risk assessments of all pro- ment and Budget publishes on an accessible on contract) exceeding $250,000 unless the Di- grams and operations related to recovery Federal Internet website an electronically rector of the Office of Management and from Hurricane Katrina and implement in- searchable monthly report that includes an Budget publishes on an accessible Federal ternal controls and program oversight based electronic mail address and phone number Internet website an electronically searchable on risk of waste, fraud, or abuse; that can be used to report waste, fraud, or monthly report that includes an electronic (D) oversee all financial management ac- abuse, the number and outcome of fraud in- mail address and phone number that can be tivities relating to the programs and oper- vestigations related to such recovery efforts used to report waste, fraud, or abuse, the ations of the Hurricane Katrina recovery ef- conducted by executive agencies, and for number and outcome of fraud investigations fort; each entity that has received more than related to such recovery efforts conducted by (E) develop and maintain an integrated ac- $250,000 in amounts appropriated or other- executive agencies, and for each entity that counting and financial management system, wise made available by this Act, the name of has received more than $250,000 in amounts including financial reporting and internal the entity and a unique identifier, the total appropriated or otherwise made available by controls, which— amount of Federal funds that the entity has this Act, the name of the entity and a unique (i) complies with applicable accounting received since August 25, 2005, the geographic identifier, the total amount of Federal funds principles, standards, and requirements, and location and official tax domicile of the enti- that the entity has received since August 25, internal control standards; ty and the primary location of performance 2005, the geographic location and official tax (ii) complies with such policies and re- of contracts paid for with such amounts, and domicile of the entity and the primary loca- quirements as may be prescribed by the Di- an itemized breakdown of each contract ex- tion of performance of contracts paid for rector of the Office of Management and ceeding $100,000 that specifies the funding with such amounts, and an itemized break- Budget; agency, program source, contract type, num- down of each contract exceeding $100,000 that (iii) complies with any other requirements ber of bids received, and a description of the specifies the funding agency, program applicable to such systems; and purpose of the contract. source, contract type, number of bids re- (iv) provides for— ceived, and a description of the purpose of (I) complete, reliable, consistent, and time- SA 3696. Mr. OBAMA (for himself and the contract. ly information which is prepared on a uni- Mr. COBURN) submitted an amendment Mr. OBAMA (for himself and form basis and which is responsive to the fi- intended to be proposed by him to the SA 3697. nancial information needs of the Office; bill H.R. 4939, making emergency sup- Mr. COBURN) submitted an amendment (II) the development and reporting of cost plemental appropriations for the fiscal intended to be proposed by him to the information; year ending September 30, 2006, and for bill H.R. 4939, making emergency sup- (III) the integration of accounting and other purposes; which was ordered to plemental appropriations for the fiscal budgeting information; and lie on the table; as follows: year ending September 30, 2006, and for (IV) the systematic measurement of per- other purposes; as follows: formance; On page 253, between lines 19 and 20, insert (F) monitor the financial execution of the the following: On page 253, between lines 19 and 20, insert the following: budget of Federal agencies relating to recov- ACCOUNTABILITY IN HURRICANE RECOVERY ery from Hurricane Katrina in relation to ac- CONTRACTING TITLE VII—EMERGENCY RECOVERY tual expenditures; SEC. 7032. (a) None of the funds appro- SPENDING OVERSIGHT (G) have access to all records, reports, au- priated by this Act that are made available SEC. 8001. SHORT TITLE. dits, reviews, documents, papers, rec- for relief and recovery efforts related to Hur- This title may be cited as the ‘‘Oversight ommendations, or other material which are ricane Katrina and the other hurricanes of of Vital Emergency Recovery Spending En- the property of Federal agencies or which the 2005 season may be used by an executive hancement and Enforcement Act of 2006’’. are available to the agencies, and which re- agency to enter into any Federal contract SEC. 8002. DEFINITIONS. late to programs and operations with respect (including any follow-on contract) exceeding (a) CHIEF FINANCIAL OFFICER.—The term to which the Chief Financial Officer has re- $1,000,000 through the use of procedures other ‘‘Chief Financial Officer’’ means the Hurri- sponsibilities; than competitive procedures as required by cane Katrina Recovery Chief Financial Offi- (H) request such information or assistance the Federal Acquisition Regulation and, as cer. as may be necessary for carrying out the du- applicable, section 303(a) of the Federal (b) OFFICE.—The term ‘‘Office’’ means the ties and responsibilities provided by this sec- Property and Administrative Services Act of Office of the Hurricane Katrina Recovery tion from any Federal, State, or local gov- 1949 (41 U.S.C. 253(a)) or section 2304(a) of Chief Financial Officer. ernmental entity, including any Chief Finan- title 10, United States Code, unless the Di- SEC. 8003. ESTABLISHMENT AND FUNCTIONS. cial Officer under section 902 of title 31, rector of the Office of Management and (a) ESTABLISHMENT.—There is established United States Code, and, upon receiving such Budget specifically approves the use of such within the Executive Office of the President, request, insofar as is practicable and not in procedures for such contract, and not later the Office of the Hurricane Katrina Recovery contravention of any existing law, any such than 7 days after entering into the contract, Chief Financial Officer. Federal Governmental entity or Chief Finan- the executive agency provides to the chair (b) CHIEF FINANCIAL OFFICER.— cial Officer under section 902 shall cooperate

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and furnish such requested information or (e) AVAILABILITY OF RECORDS.—Upon re- is amended by striking ‘‘November 19, 2005.’’ assistance; quest to the Chief Financial Officer, the Of- and inserting ‘‘November 30, 2007.’’. (I) to the extent and in such amounts as fice shall make the records of the Office may be provided in advance by appropria- available to the Inspector General of any SA 3699. Mr. CORNYN (for himself, tions Acts, be authorized to— Federal agency performing recovery activi- Ms. LANDRIEU, Mrs. HUTCHISON, and Mr. (i) enter into contracts and other arrange- ties relating to Hurricane Katrina, or to any NELSON of Florida) submitted an ments with public agencies and with private Special Inspector General designated to in- amendment intended to be proposed by vestigate such activities, for the purpose of persons for the preparation of financial him to the bill H.R. 4939, making emer- statements, studies, analyses, and other performing the duties of that Inspector Gen- services; and eral under the Inspector General Act of 1978 gency supplemental appropriations for (ii) make such payments as may be nec- (5 U.S.C. App.). the fiscal year ending September 30, essary to carry out the provisions of this sec- SEC. 8004. REPORTS OF THE GOVERNMENT AC- 2006, and for other purposes; as follows: tion; COUNTABILITY OFFICE. On page 200, line 21, insert ‘‘Provided fur- (J) for purposes of the Improper Payments The Government Accountability Office ther, That as long as $5,200,000,000 is provided Information Act of 2002 (31 U.S.C. 3321 note), shall provide quarterly reports to the com- under this heading no State shall be allo- perform, in consultation with the Office of mittees described under section 8003(c)(4)(A) cated less than 3.5 percent of the amount Management and Budget, the functions of relating to all activities and expenditures provided under this heading:’’ after ‘‘im- the head of an agency for any activity relat- overseen by the Office, including— pacted areas:’’. ing to the recovery from Hurricane Katrina (1) the accuracy of reports submitted by that is not currently the responsibility of the Chief Financial Officer to Congress; SA 3700. Mr. DOMENICI (for himself, the head of an agency under that Act; and (2) the extent to which agencies performing Mr. GRASSLEY, and Mr. STEVENS) sub- (K) transmit a report, on a quarterly basis, activities relating to the recovery from Hur- mitted an amendment intended to be ricane Katrina have made use of sole source, regarding any program or activity identified proposed by him to the bill H.R. 4939, by the Chief Financial Officer as susceptible no-bid or cost-plus contracts; to significant improper payments under sec- (3) whether Federal funds expended by making emergency supplemental ap- tion 2(a) of the Improper Payments Informa- State and local government agencies were propriations for the fiscal year ending tion Act of 2002 (31 U.S.C. 3321 note) to the spent for their intended use; September 30, 2006, and for other pur- appropriate inspector general. (4) the extent to which Federal relief funds poses; which was ordered to lie on the (2) ACCESS.—Except as provided in para- have been distributed to individuals and or- table; as follows: ganizations most affected by Hurricane graph (1)(H), this subsection does not provide On page 253, between lines 19 and 20, insert Katrina and Federal reconstruction funds to the Chief Financial Officer any access the following: greater than permitted under any other law have been made available to business enti- to records, reports, audits, reviews, docu- ties that are based in Louisiana, Mississippi, TITLE VIII—GAS TAX RELIEF AND REBATE ments, papers, recommendations, or other Alabama, or Florida or business entities that Subtitle A—Fuel Tax Holiday Rebate material of any Office of Inspector General hire workers who resided in those States on SEC. 8101. FUEL TAX HOLIDAY REBATE. established under the Inspector General Act August 24, 2005; and (a) IN GENERAL.—Subchapter B of chapter of 1978 (5 U.S.C. App.). (5) the extent to which internal controls to 65 of the Internal Revenue Code of 1986 (re- (3) COORDINATION OF AGENCIES.—In the per- prevent waste, fraud, or abuse exist in the lating to rules of special application in the formance of the authorities and functions use of Federal funds relating to the recovery case of abatements, credits, and refunds) is under paragraph (1) by the Chief Financial from Hurricane Katrina. amended by adding at the end the following Officer the President (or the President’s des- SEC. 8005. ADMINISTRATIVE AND SUPPORT SERV- new section: ignee) shall act as the head of the Office and ICES. ‘‘SEC. 6430. FUEL TAX HOLIDAY REBATE. the Chief Financial Officer shall have man- (a) IN GENERAL.—The President shall pro- ‘‘(a) GENERAL RULE.—Except as otherwise agement and oversight of all agencies per- vide administrative and support services (in- provided in this section, each individual forming activities relating to the recovery cluding office space) for the Office and the shall be treated as having made a payment from Hurricane Katrina. Chief Financial Officer. against the tax imposed by chapter 1 for the (4) REGULAR REPORTS.— (b) PERSONNEL.—The President shall pro- taxable year beginning in 2006 in an amount (A) IN GENERAL.—Every month the Chief vide for personnel for the Office through the equal to $100. Financial Officer shall submit a financial re- detail of Federal employees. Any Federal ‘‘(b) REMITTANCE OF PAYMENT.—The Sec- port on the activities for which the Chief Fi- employee may be detailed to the Office with- retary shall remit to each taxpayer the pay- nancial Officer has management and over- out reimbursement, and such detail shall be ment described in subsection (a) not later sight responsibilities to— without interruption or loss of civil service than August 30, 2006. status or privilege. (i) the Committee on Homeland Security ‘‘(c) CERTAIN PERSONS NOT ELIGIBLE.—This and Governmental Affairs of the Senate; SEC. 8006. AUTHORIZATION OF APPROPRIATIONS. section shall not apply to— (ii) the Committee on Homeland Security There are authorized to be appropriated ‘‘(1) any taxpayer who did not have any ad- of the House of Representatives; such sums as necessary to carry out this justed gross income for the preceding taxable (iii) the Committees on Appropriations of title. year or whose adjusted gross income for such the Senate and House of Representatives; SEC. 8007. TERMINATION OF OFFICE. preceding taxable year exceeded the thresh- and (a) IN GENERAL.—The Office and position of old amount (as determined under section (iv) the Committee on Government Reform Chief Financial Officer shall terminate 1 151(d)(3)(C) for such preceding taxable year), of the House of Representatives. year after the date of the enactment of this ‘‘(2) any individual with respect to whom a (B) CONTENTS.—Each report under this Act. deduction under section 151 is allowable to (b) EXTENSION.—The President may extend paragraph shall include— another taxpayer for the taxable year begin- (i) the extent to which Federal relief funds the date of termination annually under sub- section (a) to any date occurring before 5 ning in 2006, have been given to individuals and organiza- years after the date of the enactment of this ‘‘(3) any estate or trust, or tions most in need of financial assistance; Act. ‘‘(4) any nonresident alien individual.’’. (ii) the extent to which Federal reconstruc- (c) NOTIFICATION.—The President shall no- (b) CONFORMING AMENDMENT.—Section tion funds have been made available to busi- tify the committees described under section 1324(b)(2) of title 31, United States Code, is ness entities that are based in Louisiana, 8003(c)(4)(A) 60 days before any extension of amended by inserting before the period ‘‘, or Mississippi, Alabama, or Florida or business the date of termination under this section. from section 6430 of such Code’’. entities that hire workers who resided in (c) CLERICAL AMENDMENT.—The table of those States on August 24, 2005; SA 3698. Mr. BURNS (for himself and sections for subchapter B of chapter 65 of the (iii) the extent to which Federal agencies Mr. ROCKEFELLER) submitted an Internal Revenue Code of 1986 is amended by have made use of sole source, no-bid or cost- amendment intended to be proposed by adding at the end the following new item: plus contracts; and him to the bill H.R. 4939, making emer- ‘‘Sec. 6430. Fuel tax holiday rebate.’’. (iv) an assessment of the financial execu- (d) EFFECTIVE DATE.—The amendments tion of the budget of Federal agencies relat- gency supplemental appropriations for the fiscal year ending September 30, made by this section shall take effect on the ing to recovery from Hurricane Katrina in date of the enactment of this Act. relation to actual expenditures. 2006, and for other purposes; which was Subtitle B—Price Gouging (C) FIRST REPORT.—The first report under ordered to lie on the table; as follows: this paragraph shall be submitted for the At the appropriate place, insert the fol- SEC. 8201. SHORT TITLE. first full month for which a Chief Financial lowing: This subtitle may be cited as the ‘‘Gasoline Consumer Anti-Price-Gouging Protection Officer has been appointed. SEC. ———. EXTENSION OF REQUIREMENT FOR (d) RESPONSIBILITIES OF CHIEF FINANCIAL AIR CARRIERS TO HONOR TICKETS Act’’. OFFICERS.—Nothing in this Act shall be con- FOR SUSPENDED AIR PASSENGER SEC. 8202. PROTECTION OF CONSUMERS AGAINST strued to relieve the responsibilities of any SERVICE. PRICE GOUGING. Chief Financial Officer under section 902 of Section 145(c) of the Aviation and Trans- It is unlawful for any person to increase title 31, United States Code. portation Security Act (49 U.S.C. 40101 note) the price at which that person sells, or offers

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3734 CONGRESSIONAL RECORD — SENATE April 27, 2006 to sell, gasoline or petroleum distillates to same means, and with the same jurisdiction, (B) not more than $5,000,000 in the case of the public (for purposes other than resale) in, power, and duties as though all applicable any other person. or for use in, an area covered by an emer- terms and provisions of the Federal Trade (2) METHOD OF ASSESSMENT.—The penalty gency proclamation by an unconscionable Commission Act were incorporated into and provided by paragraph (1) shall be assessed in amount while the proclamation is in effect. made a part of this subtitle. the same manner as civil penalties imposed SEC. 8203. JUSTIFIABLE PRICE INCREASES. (c) REGULATIONS.—Not later than 180 days under section 5 of the Federal Trade Com- (a) IN GENERAL.—The prohibition in sec- after the date of enactment of this Act, the mission Act (15 U.S.C. 45). tion 8202 does not apply to the extent that Federal Trade Commission shall prescribe (3) MULTIPLE OFFENSES; MITIGATING FAC- the increase in the retail price of the gaso- such regulations as may be necessary or ap- TORS.—In assessing the penalty provided by line or petroleum distillate is attributable propriate to implement this subtitle. subsection (a)— to— SEC. 8206. ENFORCEMENT BY STATES. (A) each day of a continuing violation shall (1) an increase in the wholesale cost of gas- (a) IN GENERAL.—A State, as parens be considered a separate violation; and oline and petroleum distillates for the region patriae, may bring a civil action on behalf of (B) the Commission shall take into consid- in which the area to which a proclamation its residents in an appropriate district court eration the seriousness of the violation and under section 8202 applies is located; of the United States to enforce the provi- the efforts of the person committing the vio- (2) an increase in the replacement costs for sions of this subtitle, whenever the chief lation to remedy the harm caused by the vio- gasoline or petroleum distillate sold; legal officer of the State has reason to be- lation in a timely manner. (3) an increase in operational costs; or lieve that the interests of the residents of (b) CRIMINAL PENALTY.— (4) regional, national, or international the State have been or are being threatened (1) IN GENERAL.—In addition to any penalty market conditions. or adversely affected by a violation of this applicable under the Federal Trade Commis- (b) OTHER MITIGATING FACTORS.—In deter- subtitle or a regulation under this subtitle. sion Act, the violation of this subtitle is (b) NOTICE.—The State shall serve written mining whether a violation of section 8202 punishable by a fine of not more than notice to the Federal Trade Commission of has occurred, there also shall be taken into $1,000,000, imprisonment for not more than 2 any civil action under subsection (a) prior to account, among other factors, the price that years, or both. initiating such civil action. The notice shall would reasonably equate supply and demand (2) ENFORCEMENT.—The criminal penalty include a copy of the complaint to be filed to in a competitive and freely functioning mar- provided by paragraph (1) may be imposed initiate such civil action, except that if it is ket and whether the price at which the gaso- only pursuant to a criminal action brought not feasible for the State to provide such line or petroleum distillate was sold reason- by the Attorney General or other officer of prior notice, the State shall provide such no- ably reflects additional costs, not within the the Department of Justice, or any attorney tice immediately upon instituting such civil control of the seller, that were paid or in- specially appointed by the Attorney General action. curred by the seller. of the United States, in accordance with sec- (c) AUTHORITY TO INTERVENE.—Upon re- tion 515 of title 28, United States Code. SEC. 8204. FEDERAL AND STATE PROCLAMA- ceiving the notice required by subsection (b), TIONS. the Commission may intervene in such civil SEC. 8208. DEFINITIONS. (a) IN GENERAL.—For purposes of this sub- action and upon intervening— In this subtitle: title— (1) be heard on all matters arising in such (1) ABNORMAL MARKET DISRUPTION.—The (1) the President may issue an emergency civil action; and term ‘‘abnormal market disruption’’ means proclamation for any area within the United (2) file petitions for appeal of a decision in there is a reasonable likelihood that, in the States in which an abnormal market disrup- such civil action. absence of a proclamation under section tion has occurred or is reasonably expected (d) CONSTRUCTION.—For purposes of bring- 8204(a), there will be an increase in the aver- to occur; and ing any civil action under subsection (a), age retail price of gasoline or petroleum dis- (2) the chief executive officer of any State nothing in this section shall prevent the tillates in the area to which the proclama- may issue an emergency proclamation for chief legal officer of a State from exercising tion applies as a result of a change in the any such area within that State. the powers conferred on that officer by the market, whether actual or imminently (b) SCOPE AND DURATION.— laws of such State to conduct investigations threatened, resulting from weather, a nat- (1) IN GENERAL.—An emergency proclama- or to administer oaths or affirmations or to ural disaster, strike, civil disorder, war, tion issued under subsection (a) shall specify compel the attendance of witnesses or the military action, a national or local emer- with particularity— production of documentary and other evi- gency, or other similar cause, that adversely (A) the geographic area to which it applies; dence. affects the availability or delivery gasoline (B) the period for which the proclamation (e) VENUE; SERVICE OF PROCESS.—In a civil or petroleum distillates. applies; and action brought under subsection (a)— (2) STATE.—The term ‘‘State’’ means the (C) the event, circumstance, or condition (1) the venue shall be a judicial district in several States of the United States and the that is the reason such a proclamation is de- which the violation occurred; District of Columbia. termined to be necessary. (2) process may be served without regard to (3) UNCONSCIONABLE AMOUNT.—The term (2) LIMITATIONS.—An emergency proclama- the territorial limits of the district or of the ‘‘unconscionable amount’’ means, with re- tion issued under subsection (a)— State in which the civil action is instituted; spect to any person to whom section 8202 ap- (A) may not apply for a period of more and plies, a significant increase in the price at than 30 consecutive days (renewable for a (3) a person who participated in an alleged which gasoline or petroleum distillates are consecutive period of not more than 30 days); violation that is being litigated in the civil sold or offered for sale by that person that and action may be joined in the civil action increases the price, for the same grade of (B) may apply to a period of not more than without regard to the residence of the per- gasoline or petroleum distillate, to an 7 days preceding the occurrence of an event, son. amount that— circumstance, or condition that is the reason (f) LIMITATION ON STATE ACTION WHILE (A) substantially exceeds the average price such a proclamation is determined to be nec- FEDERAL ACTION IS PENDING.—If the Commis- at which gasoline or petroleum distillates essary. sion has instituted a civil action or an ad- were sold or offered for sale by that person SEC. 8205. ENFORCEMENT BY FEDERAL TRADE ministrative action for violation of this sub- during the 30-day period immediately pre- COMMISSION. title, the chief legal officer of the State in ceding the sale or offer; and (a) VIOLATION IS UNFAIR OR DECEPTIVE ACT which the violation occurred may not bring (B) cannot be justified by taking into ac- OR PRACTICE.—This subtitle shall be enforced an action under this section during the pend- count the factors described in section —03(b). by the Federal Trade Commission as if the ency of that action against any defendant SEC. 8209. EFFECTIVE DATE. violation of section 8202 were an unfair or de- named in the complaint of the Commission ceptive act or practice proscribed under a or the other agency for any violation of this This subtitle shall take effect on the date rule issued under section 18(a)(1)(B) of the subtitle alleged in the complaint. on which a final rule issued by the Federal Federal Trade Commission Act (15 U.S.C. (g) ENFORCEMENT OF STATE LAW.—Nothing Trade Commission under section 8205(c) is 57a(a)(1)(B)). contained in this section shall prohibit an published in the Federal Register. (b) ACTIONS BY THE COMMISSION.—The Com- authorized State official from proceeding in Subtitle C—Tax Provisions mission shall prevent any person from vio- State court to enforce a civil or criminal SEC. 8301. REPEAL OF THE LIMITATION ON NUM- lating this subtitle in the same manner, by statute of such State. BER OF NEW QUALIFIED HYBRID the same means, and with the same jurisdic- SEC. 8207. PENALTIES. AND ADVANCED LEAN -BURN TECH- tion, powers, and duties as though all appli- (a) CIVIL PENALTY.— NOLOGY VEHICLES ELIGIBLE FOR cable terms and provisions of the Federal (1) IN GENERAL.—In addition to any penalty CREDIT. Trade Commission Act (15 U.S.C. 41 et seq.) applicable under the Federal Trade Commis- (a) IN GENERAL.—Subsection (f) of section were incorporated into and made a part of sion Act any person who violates this sub- 30B of the Internal Revenue Code of 1986 is this subtitle. Any entity that violates any title is punishable by a civil penalty of— repealed. provision of this subtitle is subject to the (A) not more than $500,000, in the case of an (b) EFFECTIVE DATE.—The amendment penalties and entitled to the privileges and independent small business marketer of gas- made by this section shall take effect as if immunities provided in the Federal Trade oline (within the meaning of section 324(c) of included in the amendment made by section Commission Act in the same manner, by the the Clean Air Act (42 U.S.C. 7625(c)); and 1341(a) of the Energy Policy Act of 2005.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3735 SEC. 8302. EXCEPTION FROM DEPRECIATION LIM- SEC. 8305. REPEAL OF LIFO METHOD OF INVEN- plug-in hybrid electric vehicles and plug-in ITATION FOR CERTAIN ALTER- TORY ACCOUNTING. hybrid fuel cell vehicles; and NATIVE AND ELECTRIC PASSENGER (a) IN GENERAL.—Sections 472, 473, and 474 (5) to improve the energy efficiency of and AUTOMOBILES. of the Internal Revenue Code of 1986 are re- reduce the petroleum use in transportation. (a) IN GENERAL.—Paragraph (1) of section pealed. (b) DEFINITIONS.—In this section: 280F(a) of the Internal Revenue Code of 1986 (b) CONFORMING AMENDMENTS.— (relating to limitation) is amended by adding (1) BATTERY.—The term ‘‘battery’’ means (1) Section 56(g)(4)(D)(iii) of such Code is an energy storage device used in an on-road at the end the following new subparagraph: repealed. ‘‘(D) SPECIAL RULE FOR CERTAIN ALTER- or nonroad vehicle powered in whole or in (2) Section 312(n)(4) of such Code is re- part using an off-board or on-board source of NATIVE MOTOR VEHICLES AND QUALIFIED ELEC- pealed. TRIC VEHICLES.—Subparagraph (A) shall not electricity. (3) Section 1363(d) of such Code is repealed. (2) ELECTRIC DRIVE TRANSPORTATION TECH- apply to any motor vehicle for which a credit (c) EFFECTIVE DATE.—The repeals made by NOLOGY.—The term ‘‘electric drive transpor- is allowable under section 30 or 30B.’’. this section shall apply to taxable years be- (b) CONFORMING AMENDMENT.—Subpara- tation technology’’ means— ginning after the date of the enactment of (A) a vehicle that— graph (C) of section 280F(a)(1) of the Internal this Act. Revenue Code of 1986 is amended by striking (i) uses an electric motor for all or part of (d) CHANGE IN METHOD OF ACCOUNTING.—In the motive power of the vehicle; and clause (ii) and by redesignating clause (iii) as the case of any taxpayer required by the re- (ii) may use off-board electricity, including clause (ii). peals made by subsection (a) to change its (c) EFFECTIVE DATE.—The amendments battery electric vehicles, fuel cell vehicles, method accounting for its first taxable year made by this section shall apply to property engine dominant hybrid electric vehicles, beginning after the date of the enactment of placed in service after the date of the enact- plug-in hybrid electric vehicles, plug-in hy- this Act— ment of this Act. brid fuel cell vehicles, and electric rail; or (1) such change shall be treated as initi- SEC. 8303. EXTENSION OF ELECTION TO EXPENSE (B) equipment relating to transportation ated by the taxpayer, CERTAIN REFINERIES. or mobile sources of air pollution that uses (2) such change shall be treated as made (a) IN GENERAL.—Section 179C(c)(1) of the an electric motor to replace an internal com- with the consent of the Secretary of the Internal Revenue Code of 1986 (defining bustion engine for all or part of the work of Treasury, and qualified refinery property) is amended— the equipment, including corded electric (3) the net amount of the adjustments re- (1) by striking ‘‘and before January 1, 2012’’ equipment linked to transportation or mo- quired to be taken into account by the tax- in subparagraph (B) and inserting ‘‘and, in bile sources of air pollution. payer under section 481 of the Internal Rev- the case of any qualified refinery described (3) ENGINE DOMINANT HYBRID ELECTRIC VEHI- enue Code of 1986 shall be taken into account in subsection (d)(1), before January 1, 2012’’, CLE.—The term ‘‘engine dominant hybrid ratably over the 20-taxable year period be- and electric vehicle’’ means an on-road or ginning with the first taxable year beginning (2) by inserting ‘‘if described in subsection nonroad vehicle that— after such date of enactment. (d)(1)’’ after ‘‘of which’’ in subparagraph (A) is propelled by an internal combustion (F)(i). Subtitle D—CAFE Standards engine or heat engine using— (b) CONFORMING AMENDMENT.—Subsection SEC. 8401. CLARIFICATION OF AUTHORITY OF (i) any combustible fuel; and (d) of section 179C of the Internal Revenue SECRETARY OF TRANSPORTATION (ii) an on-board, rechargeable storage de- Code of 1986 is amended to read as follows: TO AMEND FUEL ECONOMY STAND- vice; and ‘‘(d) QUALIFIED REFINERY.—For purposes of ARDS FOR PASSENGER VEHICLES. (B) has no means of using an off-board this section, the term ‘qualified refinery’ Section 32902(c) of title 49, United States source of electricity. means any refinery located in the United Code, is amended— (4) FUEL CELL VEHICLE.—The term ‘‘fuel States which is designed to serve the pri- (1) in paragraph (1), by striking ‘‘(1) Sub- cell vehicle’’ means an on-road or nonroad mary purpose of processing liquid fuel from— ject to paragraph (2) of this subsection, the’’ vehicle that uses a fuel cell (as defined in ‘‘(1) crude oil, or and inserting ‘‘The’’; and section 803 of the Energy Policy Act of 2005 ‘‘(2) qualified fuels (as defined in section (2) by striking paragraph (2). (42 U.S.C. 16152)). 45K(c)).’’. Subtitle E—Alternative Fuels (5) INITIATIVE.—The term ‘‘Initiative’’ (c) EFFECTIVE DATE.—The amendments made by this section shall take effect as if SEC. 8501. PRODUCTION INCENTIVES FOR CELLU- means the Advanced Battery Initiative es- included in the amendment made by section LOSIC BIOFUELS. tablished by the Secretary under subsection 1323(a) of the Energy Policy Act of 2005. Section 942(f) of the Energy Policy Act of (f)(1). (6) NONROAD VEHICLE.—The term ‘‘nonroad SEC. 8304. 5-YEAR AMORTIZATION OF GEOLOGI- 2005 (42 U.S.C. 16251(f)) is amended by strik- CAL AND GEOPHYSICAL EXPENDI- ing ‘‘$250,000,000’’ and inserting ‘‘$150,000,000 vehicle’’ has the meaning given the term in TURES FOR CERTAIN MAJOR INTE- for fiscal year 2007, $200,000,000 for fiscal year section 216 of the Clean Air Act (42 U.S.C. GRATED OIL COMPANIES. 2008, and $250,000,000 for each of fiscal years 7550). (a) IN GENERAL.—Section 167(h) of the In- 2009 through 2011’’. (7) PLUG-IN HYBRID ELECTRIC VEHICLE.—The ternal Revenue Code of 1986 (relating to am- SEC. 8502. ADVANCED ENERGY INITIATIVE FOR term ‘‘plug-in hybrid electric vehicle’’ means ortization of geological and geophysical ex- VEHICLES. an on-road or nonroad vehicle that is pro- penditures) is amended by adding at the end (a) PURPOSES.—The purposes of this section pelled by an internal combustion engine or the following new paragraph: are— heat engine using— ‘‘(5) SPECIAL RULE FOR MAJOR INTEGRATED (1) to enable and promote, in partnership (A) any combustible fuel; OIL COMPANIES.— with industry, comprehensive development, (B) an on-board, rechargeable storage de- ‘‘(A) IN GENERAL.—In the case of an inte- demonstration, and commercialization of a vice; and grated oil company described in subpara- wide range of electric drive components, sys- (C) a means of using an off-board source of graph (B), paragraphs (1) and (4) shall be ap- tems, and vehicles using diverse electric electricity. plied by substituting ‘5-year’ for ‘24 month’. drive transportation technologies; (8) PLUG-IN HYBRID FUEL CELL VEHICLE.— ‘‘(B) INTEGRATED OIL COMPANY DESCRIBED.— (2) to make critical public investments to The term ‘‘plug-in hybrid fuel cell vehicle’’ An integrated oil company is described in help private industry, institutions of higher means a fuel cell vehicle with a battery pow- this subparagraph if such company is an in- education, National Laboratories, and re- ered by an off-board source of electricity. tegrated oil company (as defined in section search institutions to expand innovation, in- (9) INDUSTRY ALLIANCE.—The term ‘‘Indus- 291(b)(4)) which— dustrial growth, and jobs in the United try Alliance’’ means the entity selected by ‘‘(i) has an average daily worldwide produc- States; the Secretary under subsection (f)(2). tion of crude oil of at least 500,000 barrels for (3) to expand the availability of the exist- (10) INSTITUTION OF HIGHER EDUCATION.— the taxable year, ing electric infrastructure for fueling light The term ‘‘institution of higher education’’ ‘‘(ii) had gross receipts in excess of duty transportation and other on-road and has the meaning given the term in section 2 $1,000,000,000 for its last taxable year ending nonroad vehicles that are using petroleum of the Energy Policy Act of 2005 (42 U.S.C. during calendar year 2005, and and are mobile sources of emissions— 15801). ‘‘(iii) has an ownership interest (within the (A) including the more than 3,000,000 re- (11) SECRETARY.—The term ‘‘Secretary’’ meaning of section 613A(d)(3)) in crude oil re- ported units (such as electric forklifts, golf means the Secretary of Energy. finer of 15 percent or more. carts, and similar nonroad vehicles) in use (c) GOALS.—The goals of the electric drive For purposes of the preceding sentence, all on the date of enactment of this Act; and transportation technology program estab- persons treated as a single employer under (B) with the goal of enhancing the energy lished under subsection (e) shall be to de- subsections (a) and (b) of section shall be security of the United States, reduce depend- velop, in partnership with industry and insti- treated as 1 person and, in case of a short ence on imported oil, and reduce emissions tutions of higher education, projects that taxable year, the rule under section through the expansion of grid-supported mo- focus on— 448(c)(3)(B) shall apply’’. bility; (1) innovative electric drive technology de- (b) EFFECTIVE DATE.—The amendment (4) to accelerate the widespread commer- veloped in the United States; made by this section shall take effect as if cialization of all types of electric drive vehi- (2) growth of employment in the United included in the amendment made by section cle technology into all sizes and applications States in electric drive design and manufac- 1329 of the Energy Policy Act of 2005. of vehicles, including commercialization of turing;

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3736 CONGRESSIONAL RECORD — SENATE April 27, 2006 (3) validation of the plug-in hybrid poten- (9) advancement of battery and corded (1) consistent with the authority granted tial through fleet demonstrations; and electric transportation technologies in mo- under the Energy Policy and Conservation (4) acceleration of fuel cell commercializa- bile source applications by— Act (42 U.S.C. 6201 et seq.), the Secretary of tion through comprehensive development (A) improvement in battery, drive train, Energy should cease deposits to the Stra- and commercialization of the electric drive and control system technologies; and tegic Petroleum Reserve for a period of not technology systems that are the (B) working with industry and the Admin- less than 6 months; foundational technology of the fuel cell vehi- istrator of the Environmental Protection (2) the Secretary of Energy should con- cle system. Agency— tinue to work toward establishing the infra- (d) ASSESSMENT.—Not later than 120 days (i) to understand and inventory markets; structure necessary to achieve the after the date of enactment of this Act, the and 1,000,0000,0000 barrels of crude oil capacity Secretary shall offer to enter into an ar- (ii) to identify and implement methods of authorized under the Energy Policy Act of rangement with the National Academy of removing barriers for existing and emerging 2005 (42 U.S.C. 15801 et seq.); and Sciences— applications. (3) after the temporary cessation of depos- (1) to conduct an assessment (in coopera- (f) ADVANCED BATTERY INITIATIVE.— its to the Strategic Petroleum Reserve, the tion with industry, standards development (1) IN GENERAL.—The Secretary shall estab- Secretary of Energy should continue to in- organizations, and other entities, as appro- lish and carry out an Advanced Battery Ini- crease the inventory of crude oil in the Stra- priate), of state-of-the-art battery tech- tiative in accordance with this subsection to tegic Petroleum Reserve to work toward nologies with potential application for elec- support research, development, demonstra- meeting the authorized capacity level to en- tric drive transportation; tion, and commercial application of battery hance the energy security of the United (2) to identify knowledge gaps in the sci- technologies. States. entific and technological bases of battery (2) INDUSTRY ALLIANCE.—Not later than 180 Subtitle G—Arctic Coastal Plain Domestic manufacture and use; days after the date of enactment of this Act, Energy the Secretary shall competitively select an (3) to identify fundamental research areas SEC. 8701. SHORT TITLE. that would likely have a significant impact Industry Alliance to represent participants This subtitle may be cited as the ‘‘Arctic on the development of superior battery tech- who are private, for-profit firms, the primary Coastal Plain Domestic Energy Security Act nologies for electric drive vehicle applica- business of which is the manufacturing of of 2006’’. batteries. tions; and SEC. 8702. DEFINITIONS. (3) RESEARCH.— (4) to recommend steps to the Secretary to In this subtitle: (A) GRANTS.—The Secretary shall carry accelerate the development of battery tech- (1) COASTAL PLAIN.—The term ‘‘Coastal out research activities of the Initiative nologies for electric drive transportation. Plain’’ means that area identified as such in through competitively-awarded grants to— (e) PROGRAM.—The Secretary shall conduct the map entitled ‘‘Arctic National Wildlife (i) researchers, including Industry Alliance a program of research, development, dem- Refuge’’, dated August 1980, as referenced in participants; onstration, and commercial application for section 1002(b) of the Alaska National Inter- (ii) small businesses; electric drive transportation technology, in- est Lands Conservation Act of 1980 (16 U.S.C. (iii) National Laboratories; and cluding— 3142(b)(1)), comprising approximately (iv) institutions of higher education. (1) high-capacity, high-efficiency batteries; 1,549,000 acres, and as described in appendix I (B) INDUSTRY ALLIANCE.—The Secretary (2) high-efficiency on-board and off-board to part 37 of title 50, Code of Federal Regula- shall annually solicit from the Industry Alli- charging components; tions. ance— (3) high-powered drive train systems for (2) SECRETARY.—The term ‘‘Secretary’’, ex- (i) comments to identify advanced battery passenger and commercial vehicles and for cept as otherwise provided, means the Sec- technology needs relevant to electric drive nonroad equipment; retary of the Interior or the Secretary’s des- technology; (4) control system development and power ignee. train development and integration for plug- (ii) an assessment of the progress of re- search activities of the Initiative; and SEC. 8703. LEASING PROGRAM FOR LANDS WITH- in hybrid electric vehicles, plug-in hybrid IN THE COASTAL PLAIN. (iii) assistance in annually updating ad- fuel cell vehicles, and engine dominant hy- (a) IN GENERAL.—The Secretary shall take vanced battery technology roadmaps. brid electric vehicles, including— such actions as are necessary— (4) AVAILABILITY TO THE PUBLIC.—The infor- (A) development of efficient cooling sys- (1) to establish and implement in accord- mation and roadmaps developed under this tems; ance with this Act a competitive oil and gas subsection shall be available to the public. (B) analysis and development of control leasing program under the Mineral Leasing (5) PREFERENCE.—In making awards under systems that minimize the emissions profile Act (30 U.S.C. 181 et seq.) that will result in this subsection, the Secretary shall give when clean diesel engines are part of a plug- an environmentally sound program for the preference to participants in the Industry in hybrid drive system; and exploration, development, and production of Alliance. (C) development of different control sys- the oil and gas resources of the Coastal (g) COST SHARING.—In carrying out this tems that optimize for different goals, in- Plain; and section, the Secretary shall require cost cluding— (2) to administer the provisions of this sub- sharing in accordance with section 988 of the (i) battery life; title through regulations, lease terms, condi- Energy Policy Act of 2005 (42 U.S.C. 16352). (ii) reduction of petroleum consumption; tions, restrictions, prohibitions, stipula- and (h) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to tions, and other provisions that ensure the (iii) green house gas reduction; oil and gas exploration, development, and (5) nanomaterial technology applied to carry out this section $300,000,000 for each of fiscal years 2007 through 2012. production activities on the Coastal Plain both battery and fuel cell systems; will result in no significant adverse effect on (6) large-scale demonstrations, testing, and Subtitle F—Strategic Petroleum Reserve fish and wildlife, their habitat, subsistence evaluation of plug-in hybrid electric vehicles SEC. 8601. STRATEGIC PETROLEUM RESERVE. resources, and the environment, and includ- in different applications with different bat- (a) FINDINGS.—The Senate finds that— ing, in furtherance of this goal, by requiring teries and control systems, including— (1) the Strategic Petroleum Reserve, as es- the application of the best commercially (A) military applications; tablished by the Energy Policy and Con- available technology for oil and gas explo- (B) mass market passenger and light-duty servation Act (42 U.S.C. 6201 et seq.), pro- ration, development, and production to all truck applications; vides the United States with an emergency exploration, development, and production (C) private fleet applications; and crude oil supply reserve that ensures that a operations under this subtitle in a manner (D) medium- and heavy-duty applications; disruption in commercial oil supplies will that ensures the receipt of fair market value (7) a nationwide education strategy for not threaten the United States economy; by the public for the mineral resources to be electric drive transportation technologies (2) the Energy Policy Act of 2005 (42 U.S.C. leased. providing secondary and high school teach- 15801 et seq.) strengthened the Strategic Pe- (b) REPEAL.—Section 1003 of the Alaska Na- ing materials and support for education of- troleum Reserve by authorizing a capacity of tional Interest Lands Conservation Act of fered by institutions of higher education 1,000,000,000 barrels of crude oil; 1980 (16 U.S.C. 3143) is repealed. that is focused on electric drive system and (3) as of the date of enactment of this Act, (c) COMPLIANCE WITH REQUIREMENTS UNDER component engineering; the inventory in the Strategic Petroleum CERTAIN OTHER LAWS.— (8) development, in consultation with the Reserve is sufficiently large enough to guard (1) COMPATIBILITY.—For purposes of the Administrator of the Environmental Protec- against supply disruptions during the time National Wildlife Refuge System Adminis- tion Agency, of procedures for testing and period for the temporary cessation of depos- tration Act of 1966, the oil and gas leasing certification of criteria pollutants, fuel econ- its described in subsection (b)(1); and program and activities authorized by this omy, and petroleum use for light-, (4) the cessation of deposits to the Stra- section in the Coastal Plain are deemed to be medium-, and heavy-duty vehicle applica- tegic Petroleum Reserve will add approxi- compatible with the purposes for which the tions, including consideration of— mately 2,000,000 barrels of crude oil supply Arctic National Wildlife Refuge was estab- (A) the vehicle and fuel as a system, not into the market. lished, and that no further findings or deci- just an engine; and (b) SENSE OF THE SENATE.—It is the sense sions are required to implement this deter- (B) nightly off-board charging; and of the Senate that— mination.

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(2) ADEQUACY OF THE DEPARTMENT OF THE to exploration, development, and production and liable for the reclamation of lands with- INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- is that set forth in this subtitle. in the Coastal Plain and any other Federal PACT STATEMENT.—The ‘‘Final Legislative (g) REGULATIONS.— lands that are adversely affected in connec- Environmental Impact Statement’’ (April (1) IN GENERAL.—The Secretary shall pre- tion with exploration, development, produc- 1987) on the Coastal Plain prepared pursuant scribe such regulations as may be necessary tion, or transportation activities conducted to section 1002 of the Alaska National Inter- to carry out this subtitle, including rules under the lease and within the Coastal Plain est Lands Conservation Act of 1980 (16 U.S.C. and regulations relating to protection of the by the lessee or by any of the subcontractors 3142) and section 102(2)(C) of the National En- fish and wildlife, their habitat, subsistence or agents of the lessee; vironmental Policy Act of 1969 (42 U.S.C. resources, and environment of the Coastal (4) provide that the lessee may not dele- 4332(2)(C)) is deemed to satisfy the require- Plain, by no later than 15 months after the gate or convey, by contract or otherwise, the ments under the National Environmental date of the enactment of this Act. reclamation responsibility and liability to Policy Act of 1969 that apply with respect to (2) REVISION OF REGULATIONS.—The Sec- another person without the express written actions authorized to be taken by the Sec- retary shall periodically review and, if ap- approval of the Secretary; retary to develop and promulgate the regula- propriate, revise the rules and regulations (5) provide that the standard of reclama- tions for the establishment of a leasing pro- issued under subsection (a) to reflect any sig- tion for lands required to be reclaimed under gram authorized by this subtitle before the nificant biological, environmental, or engi- this subtitle shall be, as nearly as prac- conduct of the first lease sale. neering data that come to the Secretary’s ticable, a condition capable of supporting (3) COMPLIANCE WITH NEPA FOR OTHER AC- attention. the uses which the lands were capable of sup- TIONS.—Before conducting the first lease sale SEC. 8704. LEASE SALES. porting prior to any exploration, develop- under this subtitle, the Secretary shall pre- (a) IN GENERAL.—Lands may be leased pur- ment, or production activities, or upon appli- pare an environmental impact statement suant to this subtitle to any person qualified cation by the lessee, to a higher or better use under the National Environmental Policy to obtain a lease for deposits of oil and gas as approved by the Secretary; Act of 1969 with respect to the actions au- under the Mineral Leasing Act (30 U.S.C. 181 (6) contain terms and conditions relating thorized by this subtitle that are not re- et seq.). to protection of fish and wildlife, their habi- ferred to in paragraph (2). Notwithstanding (b) PROCEDURES.—The Secretary shall, by tat, and the environment as required pursu- any other law, the Secretary is not required regulation, establish procedures for— ant to section 8703(a)(2); to identify nonleasing alternative courses of (1) receipt and consideration of sealed (7) provide that the lessee, its agents, and action or to analyze the environmental ef- nominations for any area in the Coastal its contractors use best efforts to provide a fects of such courses of action. The Sec- Plain for inclusion in, or exclusion (as pro- fair share, as determined by the level of obli- retary shall only identify a preferred action vided in subsection (c)) from, a lease sale; gation previously agreed to in the 1974 agree- for such leasing and a single leasing alter- (2) the holding of lease sales after such ment implementing section 29 of the Federal native, and analyze the environmental ef- nomination process; and Agreement and Grant of Right of Way for fects and potential mitigation measures for (3) public notice of and comment on des- the Operation of the Trans-Alaska Pipeline, those two alternatives. The identification of ignation of areas to be included in, or ex- of employment and contracting for Alaska the preferred action and related analysis for cluded from, a lease sale. Natives and Alaska Native Corporations the first lease sale under this subtitle shall (c) LEASE SALE BIDS.—Bidding for leases from throughout the State; be completed within 18 months after the date under this subtitle shall be by sealed com- (8) prohibit the export of oil produced of the enactment of this Act. The Secretary petitive cash bonus bids. under the lease; and shall only consider public comments that (d) ACREAGE MINIMUM IN FIRST SALE.—In (9) contain such other provisions as the specifically address the Secretary’s preferred the first lease sale under this subtitle, the Secretary determines necessary to ensure action and that are filed within 20 days after Secretary shall offer for lease those tracts compliance with the provisions of this sub- publication of an environmental analysis. the Secretary considers to have the greatest title and the regulations issued under this Notwithstanding any other law, compliance potential for the discovery of hydrocarbons, subtitle. with this paragraph is deemed to satisfy all taking into consideration nominations re- (b) PROJECT LABOR AGREEMENTS.—The Sec- requirements for the analysis and consider- ceived pursuant to subsection (b)(1), but in retary, as a term and condition of each lease ation of the environmental effects of pro- no case less than 200,000 acres. under this subtitle and in recognizing the posed leasing under this subtitle. (e) TIMING OF LEASE SALES.—The Secretary Government’s proprietary interest in labor (d) RELATIONSHIP TO STATE AND LOCAL AU- shall— stability and in the ability of construction THORITY.—Nothing in this subtitle shall be (1) conduct the first lease sale under this labor and management to meet the par- considered to expand or limit State and local subtitle within 22 months after the date of ticular needs and conditions of projects to be regulatory authority. the enactment of this Act; and developed under the leases issued pursuant to this subtitle and the special concerns of (e) SPECIAL AREAS.— (2) conduct additional sales so long as suf- the parties to such leases, shall require that (1) IN GENERAL.—The Secretary, after con- ficient interest in development exists to war- the lessee and its agents and contractors ne- sultation with the State of Alaska, the city rant, in the Secretary’s judgment, the con- duct of such sales. gotiate to obtain a project labor agreement of Kaktovik, and the North Slope Borough, for the employment of laborers and mechan- may designate up to a total of 45,000 acres of SEC. 8705. GRANT OF LEASES BY THE SEC- ics on production, maintenance, and con- RETARY. the Coastal Plain as a Special Area if the struction under the lease. Secretary determines that the Special Area (a) IN GENERAL.—The Secretary may grant to the highest responsible qualified bidder in SEC. 8707. COASTAL PLAIN ENVIRONMENTAL is of such unique character and interest so as PROTECTION. a lease sale conducted pursuant to section to require special management and regu- (a) NO SIGNIFICANT ADVERSE EFFECT 8704 any lands to be leased on the Coastal latory protection. The Secretary shall des- STANDARD TO GOVERN AUTHORIZED COASTAL Plain upon payment by the lessee of such ignate as such a Special Area the PLAIN ACTIVITIES.—The Secretary shall, con- Sadlerochit Spring area, comprising approxi- bonus as may be accepted by the Secretary. sistent with the requirements of section 8703, mately 4,000 acres as depicted on such map (b) SUBSEQUENT TRANSFERS.—No lease administer the provisions of this subtitle as shall be identified by the Secretary. issued under this subtitle may be sold, ex- through regulations, lease terms, conditions, (2) MANAGEMENT.—Each such Special Area changed, assigned, sublet, or otherwise restrictions, prohibitions, stipulations, and shall be managed so as to protect and pre- transferred except with the approval of the other provisions that— serve the area’s unique and diverse character Secretary. Prior to any such approval the (1) ensure the oil and gas exploration, de- including its fish, wildlife, and subsistence Secretary shall consult with, and give due velopment, and production activities on the resource values. consideration to the views of, the Attorney Coastal Plain will result in no significant ad- (3) EXCLUSION FROM LEASING OR SURFACE General. verse effect on fish and wildlife, their habi- OCCUPANCY.—The Secretary may exclude any SEC. 8706. LEASE TERMS AND CONDITIONS. tat, and the environment; Special Area from leasing. If the Secretary (a) IN GENERAL.—An oil or gas lease issued (2) require the application of the best com- leases a Special Area, or any part thereof, pursuant to this subtitle shall— mercially available technology for oil and for purposes of oil and gas exploration, devel- (1) provide for the payment of a royalty of gas exploration, development, and produc- opment, production, and related activities, not less than 121⁄2 percent in amount or value tion on all new exploration, development, there shall be no surface occupancy of the of the production removed or sold from the and production operations; and lands comprising the Special Area. lease, as determined by the Secretary under (3) ensure that the maximum amount of (4) DIRECTIONAL DRILLING.—Notwith- the regulations applicable to other Federal surface acreage covered by production and standing the other provisions of this sub- oil and gas leases; support facilities, including airstrips and section, the Secretary may lease all or a por- (2) provide that the Secretary may close, any areas covered by gravel berms or piers tion of a Special Area under terms that per- on a seasonal basis, portions of the Coastal for support of pipelines, does not exceed 2,000 mit the use of horizontal drilling technology Plain to exploratory drilling activities as acres on the Coastal Plain. from sites on leases located outside the area. necessary to protect caribou calving areas (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- (f) LIMITATION ON CLOSED AREAS.—The Sec- and other species of fish and wildlife; TION.—The Secretary shall also require, with retary’s sole authority to close lands within (3) require that the lessee of lands within respect to any proposed drilling and related the Coastal Plain to oil and gas leasing and the Coastal Plain shall be fully responsible activities, that—

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3738 CONGRESSIONAL RECORD — SENATE April 27, 2006 (1) a site-specific analysis be made of the (9) Consolidation of facility siting. (b) of section 811 of the Alaska National In- probable effects, if any, that the drilling or (10) Appropriate prohibitions or restric- terest Lands Conservation Act (16 U.S.C. related activities will have on fish and wild- tions on use of explosives. 3121); and life, their habitat, and the environment; (11) Avoidance, to the extent practicable, (2) ensure that local residents shall have (2) a plan be implemented to avoid, mini- of springs, streams, and river system; the reasonable access to public lands in the mize, and mitigate (in that order and to the protection of natural surface drainage pat- Coastal Plain for traditional uses. extent practicable) any significant adverse terns, wetlands, and riparian habitats; and SEC. 8708. EXPEDITED JUDICIAL REVIEW. effect identified under paragraph (1); and the regulation of methods or techniques for (a) FILING OF COMPLAINT.— (3) the development of the plan shall occur developing or transporting adequate supplies (1) DEADLINE.—Subject to paragraph (2), after consultation with the agency or agen- of water for exploratory drilling. any complaint seeking judicial review of any cies having jurisdiction over matters miti- (12) Avoidance or reduction of air traffic- provision of this subtitle or any action of the gated by the plan. related disturbance to fish and wildlife. Secretary under this subtitle shall be filed in (c) REGULATIONS TO PROTECT COASTAL (13) Treatment and disposal of hazardous any appropriate district court of the United PLAIN FISH AND WILDLIFE RESOURCES, SUB- and toxic wastes, solid wastes, reserve pit States— SISTENCE USERS, AND THE ENVIRONMENT.—Be- fluids, drilling muds and cuttings, and do- (A) except as provided in subparagraph (B), fore implementing the leasing program au- mestic wastewater, including an annual within the 90-day period beginning on the thorized by this subtitle, the Secretary shall waste management report, a hazardous ma- date of the action being challenged; or prepare and promulgate regulations, lease terials tracking system, and a prohibition on (B) in the case of a complaint based solely terms, conditions, restrictions, prohibitions, chlorinated solvents, in accordance with ap- on grounds arising after such period, within stipulations, and other measures designed to plicable Federal and State environmental 90 days after the complainant knew or rea- ensure that the activities undertaken on the law. sonably should have known of the grounds Coastal Plain under this subtitle are con- (14) Fuel storage and oil spill contingency for the complaint. ducted in a manner consistent with the pur- planning. (2) VENUE.—Any complaint seeking judicial poses and environmental requirements of (15) Research, monitoring, and reporting review of an action of the Secretary under this subtitle. requirements. this subtitle may be filed only in the United (d) COMPLIANCE WITH FEDERAL AND STATE (16) Field crew environmental briefings. States Court of Appeals for the District of ENVIRONMENTAL LAWS AND OTHER REQUIRE- (17) Avoidance of significant adverse ef- Columbia. MENTS.—The proposed regulations, lease fects upon subsistence hunting, fishing, and (3) LIMITATION ON SCOPE OF CERTAIN RE- terms, conditions, restrictions, prohibitions, trapping by subsistence users. and stipulations for the leasing program VIEW.—Judicial review of a Secretarial deci- (18) Compliance with applicable air and sion to conduct a lease sale under this sub- under this subtitle shall require compliance water quality standards. with all applicable provisions of Federal and title, including the environmental analysis (19) Appropriate seasonal and safety zone thereof, shall be limited to whether the Sec- State environmental law and shall also re- designations around well sites, within which quire the following: retary has complied with the terms of this subsistence hunting and trapping shall be subtitle and shall be based upon the adminis- (1) Standards at least as effective as the limited. safety and environmental mitigation meas- trative record of that decision. The Sec- (20) Reasonable stipulations for protection retary’s identification of a preferred course ures set forth in items 1 through 29 at pages of cultural and archeological resources. 167 through 169 of the ‘‘Final Legislative En- of action to enable leasing to proceed and (21) All other protective environmental the Secretary’s analysis of environmental ef- vironmental Impact Statement’’ (April 1987) stipulations, restrictions, terms, and condi- on the Coastal Plain. fects under this subtitle shall be presumed to tions deemed necessary by the Secretary. be correct unless shown otherwise by clear (2) Seasonal limitations on exploration, de- (e) CONSIDERATIONS.—In preparing and pro- and convincing evidence to the contrary. velopment, and related activities, where nec- mulgating regulations, lease terms, condi- (b) LIMITATION ON OTHER REVIEW.—Actions essary, to avoid significant adverse effects tions, restrictions, prohibitions, and stipula- during periods of concentrated fish and wild- of the Secretary with respect to which re- tions under this section, the Secretary shall view could have been obtained under this life breeding, denning, nesting, spawning, consider the following: section shall not be subject to judicial re- and migration. (1) The stipulations and conditions that (3) That exploration activities, except for view in any civil or criminal proceeding for govern the National Petroleum Reserve- enforcement. surface geological studies, be limited to the Alaska leasing program, as set forth in the SEC. 8709. FEDERAL AND STATE DISTRIBUTION period between approximately November 1 1999 Northeast National Petroleum Reserve- and May 1 each year and that exploration ac- OF REVENUES. Alaska Final Integrated Activity Plan/Envi- (a) IN GENERAL.—Notwithstanding any tivities shall be supported by ice roads, win- ronmental Impact Statement. other provision of law, of the amount of ad- ter trails with adequate snow cover, ice pads, (2) The environmental protection stand- justed bonus, rental, and royalty revenues ice airstrips, and air transport methods, ex- ards that governed the initial Coastal Plain from oil and gas leasing and operations au- cept that such exploration activities may seismic exploration program under parts thorized under this subtitle— occur at other times, if the Secretary finds 37.31 to 37.33 of title 50, Code of Federal Reg- (1) 50 percent shall be paid to the State of that such exploration will have no signifi- ulations. Alaska; and cant adverse effect on the fish and wildlife, (3) The land use stipulations for explor- (2) except as provided in section 712(d), the their habitat, and the environment of the atory drilling on the KIC–ASRC private balance shall be deposited into the Treasury Coastal Plain. lands that are set forth in Appendix 2 of the as miscellaneous receipts. (4) Design safety and construction stand- August 9, 1983, agreement between Arctic (b) PAYMENTS TO ALASKA.—Payments to ards for all pipelines and any access and Slope Regional Corporation and the United the State of Alaska under this section shall service roads, that— States. be made semiannually. (A) minimize, to the maximum extent pos- (f) FACILITY CONSOLIDATION PLANNING.— (c) USE OF BONUS PAYMENTS FOR LOW-IN- sible, adverse effects upon the passage of mi- (1) IN GENERAL.—The Secretary shall, after COME HOME ENERGY ASSISTANCE.—Amounts gratory species such as caribou; and providing for public notice and comment, that are received by the United States as bo- (B) minimize adverse effects upon the flow prepare and update periodically a plan to nuses for leases under this subtitle and de- of surface water by requiring the use of cul- govern, guide, and direct the siting and con- posited into the Treasury under subsection verts, bridges, and other structural devices. struction of facilities for the exploration, de- (a)(2) may be appropriated to the Secretary (5) Prohibitions on public access and use on velopment, production, and transportation of of the Health and Human Services, in addi- all pipeline access and service roads. Coastal Plain oil and gas resources. tion to amounts otherwise available, to pro- (6) Stringent reclamation and rehabilita- (2) OBJECTIVES.—The plan shall have the vide assistance under the Low-Income Home tion requirements, consistent with the following objectives: Energy Assistance Act of 1981 (42 U.S.C. 8621 standards set forth in this subtitle, requiring (A) Avoiding unnecessary duplication of fa- et seq.). the removal from the Coastal Plain of all oil cilities and activities. SEC. 8710. RIGHTS-OF-WAY ACROSS THE COASTAL and gas development and production facili- (B) Encouraging consolidation of common PLAIN. ties, structures, and equipment upon comple- facilities and activities. (a) EXEMPTION.—Title XI of the Alaska Na- tion of oil and gas production operations, ex- (C) Locating or confining facilities and ac- tional Interest Lands Conservation Act of cept that the Secretary may exempt from tivities to areas that will minimize impact 1980 (16 U.S.C. 3161 et seq.) shall not apply to the requirements of this paragraph those fa- on fish and wildlife, their habitat, and the the issuance by the Secretary under section cilities, structures, or equipment that the environment. 28 of the Mineral Leasing Act (30 U.S.C. 185) Secretary determines would assist in the (D) Utilizing existing facilities wherever of rights-of-way and easements across the management of the Arctic National Wildlife practicable. Coastal Plain for the transportation of oil Refuge and that are donated to the United (E) Enhancing compatibility between wild- and gas. States for that purpose. life values and development activities. (b) TERMS AND CONDITIONS.—The Secretary (7) Appropriate prohibitions or restrictions (g) ACCESS TO PUBLIC LANDS.—The Sec- shall include in any right-of-way or ease- on access by all modes of transportation. retary shall— ment referred to in subsection (a) such terms (8) Appropriate prohibitions or restrictions (1) manage public lands in the Coastal and conditions as may be necessary to en- on sand and gravel extraction. Plain subject to section subsections (a) and sure that transportation of oil and gas does

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not result in a significant adverse effect on may submit an application for such assist- (b) ADDITIONAL ELEMENTS.—In conducting the fish and wildlife, subsistence resources, ance to the Secretary, in such form and the comprehensive review described in sub- their habitat, and the environment of the under such procedures as the Secretary may section (a), the Secretary shall also address, Coastal Plain, including requirements that prescribe by regulation. in addition to any other matters covered by facilities be sited or designed so as to avoid (2) NORTH SLOPE BOROUGH COMMUNITIES.—A the review, the following: unnecessary duplication of roads and pipe- community located in the North Slope Bor- (1) The utilization of additional or in- lines. ough may apply for assistance under this creased refrigeration (including icing) in (c) REGULATIONS.—The Secretary shall in- section either directly to the Secretary or combat theaters in order to enhance preser- clude in regulations under section 8703(g) through the North Slope Borough. vation of remains. provisions granting rights-of-way and ease- (3) APPLICATION ASSISTANCE.—The Sec- (2) The relocation of refrigeration assets ments described in subsection (a) of this sec- retary shall work closely with and assist the further forward in the field. tion. North Slope Borough and other communities (3) Specific time standards for the move- SEC. 8711. CONVEYANCE. eligible for assistance under this section in ment of remains from combat units. In order to maximize Federal revenues by developing and submitting applications for (4) The forward location of autopsy and removing clouds on title to lands and clari- assistance under this section. embalming operations. fying land ownership patterns within the (d) ESTABLISHMENT OF FUND.— (5) Any other matters that the Secretary Coastal Plain, the Secretary, notwith- (1) IN GENERAL.—There is established in the considers appropriate in order to speed the standing the provisions of section 1302(h)(2) Treasury the Coastal Plain Local Govern- return of remains to the United States in a of the Alaska National Interest Lands Con- ment Impact Aid Assistance Fund. non-decomposed state. servation Act (16 U.S.C. 3192(h)(2)), shall con- (2) USE.—Amounts in the fund may be used (c) ADDITIONAL ELEMENT OF POLICY ON CAS- vey— only for providing financial assistance under UALTY ASSISTANCE TO SURVIVORS OF MILI- (1) to the Kaktovik Inupiat Corporation this section. TARY DECEDENTS.—Section 562(b) of the Na- the surface estate of the lands described in tional Defense Authorization Act for Fiscal (3) DEPOSITS.—Subject to paragraph (4), paragraph 1 of Public Land Order 6959, to the there shall be deposited into the fund Year 2006 (Public Law 109–163; 119 Stat. 3267; 10 U.S.C. 1475 note) is amended by adding at extent necessary to fulfill the Corporation’s amounts received by the United States as the end the following new paragraph: entitlement under section 12 of the Alaska revenues derived from rents, bonuses, and ‘‘(12) The process by which the Department Native Claims Settlement Act (43 U.S.C. royalties under on leases and lease sales au- of Defense, upon request, briefs survivors of 1611) in accordance with the terms and condi- thorized under this subtitle. tions of the Agreement between the Depart- military decedents on the cause of, and any (4) LIMITATION ON DEPOSITS.—The total investigation into, the death of such mili- ment of the Interior, the United States Fish amount in the fund may not exceed tary decedents and on the disposition and and Wildlife Service, the Bureau of Land $11,000,000. Management, and the Kaktovik Inupiat Cor- transportation of the remains of such dece- (5) INVESTMENT OF BALANCES.—The Sec- poration effective January 22, 1993; and dents, which process shall— retary of the Treasury shall invest amounts ‘‘(A) provide for the provision of such brief- (2) to the Arctic Slope Regional Corpora- in the fund in interest bearing government tion the remaining subsurface estate to ings by fully qualified Department per- securities. sonnel; which it is entitled pursuant to the August 9, (e) AUTHORIZATION OF APPROPRIATIONS.—To ‘‘(B) ensure briefings take place as soon as 1983, agreement between the Arctic Slope Re- provide financial assistance under this sec- gional Corporation and the United States of possible after death and updates are provided tion there is authorized to be appropriated to in a timely manner when new information America. the Secretary from the Coastal Plain Local SEC. 8712. LOCAL GOVERNMENT IMPACT AID AND becomes available; Government Impact Aid Assistance Fund ‘‘(C) ensure that— COMMUNITY SERVICE ASSISTANCE. $5,000,000 for each fiscal year. (a) FINANCIAL ASSISTANCE AUTHORIZED.— ‘‘(i) such briefings and updates relate the most complete and accurate information (1) IN GENERAL.—The Secretary may use SA 3701. Mr. ALLARD (for himself, amounts available from the Coastal Plain available at the time of such briefings or up- Mr. DURBIN, and Ms. MIKULSKI) sub- Local Government Impact Aid Assistance dates, as the case may be; and Fund established by subsection (d) to provide mitted an amendment intended to be ‘‘(ii) incomplete or unverified information timely financial assistance to entities that proposed by him to the bill H.R. 4939, is identified as such during the course of are eligible under paragraph (2) and that are making emergency supplemental ap- such briefings or updates; and directly impacted by the exploration for or propriations for the fiscal year ending ‘‘(D) include procedures by which such sur- production of oil and gas on the Coastal September 30, 2006, and for other pur- vivors shall, upon request, receive updates or supplemental information on such briefings Plain under this subtitle. poses; as follows: (2) ELIGIBLE ENTITIES.—The North Slope or updates from qualified Department per- At the appropriate place, insert the fol- Borough, Kaktovik, and other boroughs, mu- sonnel.’’. lowing: nicipal subdivisions, villages, and any other community organized under Alaska State TITLE ll—OTHER MATTERS SA 3703. Mr. KOHL submitted an law shall be eligible for financial assistance LEGISLATIVE BRANCH amendment intended to be proposed by under this section. ARCHITECT OF THE CAPITOL him to the bill H.R. 4939, making emer- gency supplemental appropriations for (b) USE OF ASSISTANCE.—Financial assist- CAPITOL POWER PLANT ance under this section may be used only the fiscal year ending September 30, for— For an additional amount for ‘‘Capitol Power Plant’’, $27,600,000, to remain avail- 2006, and for other purposes; which was (1) planning for mitigation of the potential ordered to lie on the table; as follows: effects of oil and gas exploration and devel- able until September 30, 2011: Provided, That the amount provided under this heading is At the appropriate place, insert the fol- opment on environmental, social, cultural, lowing: recreational and subsistence values; designated as an emergency requirement TITLE (2) implementing mitigation plans and pursuant to section 402 of H. Con. Res. 95 llll maintaining mitigation projects; (109th Congress), the concurrent resolution GENERIC DRUG APPLICATIONS (3) developing, carrying out, and maintain- on the budget for fiscal year 2006. DEPARTMENT OF HEALTH AND HUMAN ing projects and programs that provide new SERVICES SA 3702. Mr. CHAMBLISS (for him- or expanded public facilities and services to FOOD AND DRUG ADMINISTRATION self and Mr. ISAKSON) submitted an address needs and problems associated with SALARIES AND EXPENSES amendment intended to be proposed by such effects, including firefighting, police, For an additional amount for the Food and water, waste treatment, medivac, and med- him to the bill H.R. 4939, making emer- Drug Administration, Office of Generic ical services; and gency supplemental appropriations for Drugs and related activities, $20,000,000, to (4) establishment of a coordination office, the fiscal year ending September 30, remain available until expended: Provided, by the North Slope Borough, in the City of 2006, and for other purposes; as follows: That the amount provided under this head- Kaktovik, which shall— On page 253, between lines 19 and 20, insert ing shall be applied to the Office of Generic (A) coordinate with and advise developers the following: Drugs and related activities to reduce the on local conditions, impact, and history of number of generic drug applications await- the areas utilized for development; and COMPREHENSIVE REVIEW ON PROCEDURES OF ing action by the Food and Drug Administra- (B) provide to the Committee on Resources THE DEPARTMENT OF DEFENSE ON MORTUARY tion: Provided further, That the amount pro- of the Senate and the Committee on Energy AFFAIRS vided under this heading is designated as an and Resources of the Senate an annual re- SEC. 7032. (a) REPORT.—As soon as prac- emergency requirement pursuant to section port on the status of coordination between ticable after the completion of the com- 402 of H. Con. Res. 95 (109th Congress), the developers and the communities affected by prehensive review of the procedures of the concurrent resolution on the budget for fis- development. Department of Defense on mortuary affairs, cal year 2006. (c) APPLICATION.— the Secretary of Defense shall submit to the (1) IN GENERAL.—Any community that is congressional defense committees a report SA 3704. Mr. THUNE submitted an eligible for assistance under this section on the review. amendment intended to be proposed by

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3740 CONGRESSIONAL RECORD — SENATE April 27, 2006 him to the bill H.R. 4939, making emer- SEC. ll. None of the funds appropriated until expended: Provided, That grants made gency supplemental appropriations for or otherwise made available by this Act or for pre-disaster mitigation shall be awarded the fiscal year ending September 30, any other Act may be obligated or expended on a competitive basis subject to the criteria in section 203(g) of the Robert T. Stafford 2006, and for other purposes; which was in connection with United States participa- tion in, or support for, the activities of the Disaster Relief and Emergency Assistance ordered to lie on the table; as follows: United Nations Human Rights Council. Act (42 U.S.C. 5133(g)), and notwithstanding On page 253, between lines 19 and 20, insert SEC. ll. (a) Of the amounts appropriated section 203(f) of such Act, shall be made the following: or otherwise made available for the Sec- without reference to State allocations, MEDICAL FACILITIES, DEPARTMENT OF retary of State for each of fiscal years 2006 quotas, or other formula-based allocation of VETERANS AFFAIRS and 2007 to pay the United States share of as- funds: Provided further, That the total costs in administering such funds shall not exceed SEC. 7032. (a) AVAILABILITY OF AMOUNT.— sessed contributions for the regular budget 3 percent of the amounts provided in this There is appropriated for the Department of of the United Nations, $4,300,000 shall be heading: Provided further, That the amount Veterans Affairs for the Veterans Health Ad- withheld from such payment, and shall be provided under this heading is designated as ministration for Medical Facilities, transferred to the Department of the Army and available instead for the purposes de- an emergency requirement pursuant to sec- $20,000,000, with the entire amount des- tion 402 of H. Con. Res. 95 (109th Congress), ignated as an emergency requirement pursu- scribed in subsection (b). (b) The purposes referred to in subsection the current resolution on the budget for fis- ant to section 402 of H. Con. Res 95 (109th cal year 2006. Congress), the concurrent resolution on the (a) are the establishment and operation of a state-of-the-art advanced training skills fa- SEC. —001. Notwithstanding any other pro- budget for fiscal year 2006. vision of this Act, the amount provided for cility to rehabilitate injured service persons (b) OFFSET.—The amount appropriated by ‘‘Diplomatic and Consular Programs’’ shall at Brooke Army Medical Center in San Anto- chapter 7 of title II of this Act under the be $1,172,600,000. heading ‘‘NATIONAL AND COMMUNITY SERVICE nio, Texas. (c) Amounts withheld under subsection (a) PROGRAMS, OPERATING EXPENSES’’ is hereby SA 3709. Mr. BYRD (for himself, Mr. shall remain available until expended for the reduced by $20,000,000. CARPER, and Mr. LAUTENBERG) pro- purposes described in subsection (b). posed an amendment to the bill H.R. SA 3705. Mr. OBAMA submitted an SA 3708. Mr. BYRD submitted an 4939, making emergency supplemental amendment intended to be proposed by appropriations for the fiscal year end- him to the bill H.R. 4939, making emer- amendment intended to be proposed by him to the bill H.R. 4939, making emer- ing September 30, 2006, and for other gency supplemental appropriations for purposes; as follows: the fiscal year ending September 30, gency supplemental appropriations for the fiscal year ending September 30, On page 117, between lines 9 and 10, insert 2006, and for other purposes; which was the following: ordered to lie on the table; as follows: 2006, and for other purposes; as follows: At the appropriate place, insert the fol- SENSE OF SENATE ON REQUESTS FOR FUNDS FOR On page 253, between lines 19 and 20, insert lowing: MILITARY OPERATIONS IN IRAQ AND AFGHANI- the following: STAN FOR FISCAL YEARS AFTER FISCAL YEAR TITLE —— REVIEW OF RECONSTRUCTION DESIGN, LAKE 2007 MICHIGAN SHORELINE, ILLINOIS DISASTER MANAGEMENT AND SEC. 1312. (a) FINDINGS.—The Senate makes MITIGATION SEC. 7ll. The District Engineers of the the following findings: Buffalo and Seattle Districts of the Corps of EMERGENCY MANAGEMENT PERFORMANCE (1) Title IX of the Department of Defense Engineers shall use $150,000 of amounts made GRANTS Appropriations Act, 2006 (division A of Pub- available for investigations of the Corps of For an additional amount for necessary ex- lic Law 109–148) appropriated $50,000,000,000 Engineers pursuant to title I of Public Law penses for ‘‘Emergency Management Per- for the cost of ongoing military operations 109–103 (119 Stat. 2247), to conduct an imme- formance Grants’’, as authorized by the Na- overseas in fiscal year 2006, although those diate review of a reconstruction design with tional Flood Insurance Act of 1968 and the funds were not requested by the President. the review based on the standards under sec- Flood Disaster Protection Act of 1973 (42 (2) The President on February 16, 2006, sub- tion 68 of title 36, Code of Federal Regula- U.S.C. 4001 et seq.), the Robert T. Stafford mitted to Congress a request for supple- tions (or a successor regulation), for the por- Disaster Relief and Emergency Assistance mental appropriations in the amount of tion between 54th and 57th Street of Reach 4 Act (42 U.S.C. 5121 et seq.), the Earthquake $67,600,000,000 for ongoing military oper- of the storm damage reduction project au- Hazards Reductions Act of 1977 (42 U.S.C. 7701 ations in fiscal year 2006, none of which sup- thorized by section 101(a)(12) of the Water et seq.), and Reorganization Plan No. 3 of plemental appropriations was included in the Resources Development Act of 1996 (110 Stat. 1978 (5 U.S.C. App.), $130,000,000, to remain concurrent resolution on the budget for fis- 3664; 113 Stat. 302). available until expended: Provided, That the cal year 2006, as agreed to in the Senate on total costs in administering such grants April 28, 2005. SA 3706. Mr. LEVIN (for himself, Mr. shall not exceed 3 percent of the amounts (3) The President on February 6, 2006, in- DORGAN, Ms. STABENOW, and Mr. CON- provided in this heading: Provided further, cluded a $50,000,000,000 allowance for ongoing RAD) submitted an amendment in- That the amount provided under this head- military operations in fiscal year 2007, but tended to be proposed by him to the ing is designated as an emergency require- did not formally request the funds or provide any detail on how the allowance may be bill H.R. 4939, making emergency sup- ment pursuant to section 402 of H. Con. Res. 95 (109th Congress), the current resolution on used. plemental appropriations for the fiscal the budget for fiscal year 2006. (4) The concurrent resolution on the budg- year ending September 30, 2006, and for FLOOD MAP MODERNIZATION FUND et for fiscal year 2007, as agreed to in the other purposes; which was ordered to Senate on March 16, 2007, anticipates as For an additional amount for ‘‘Flood Map much as $86,300,000,000 in emergency spend- lie on the table; as follows: Modernization Fund’’ for necessary expenses ing in fiscal year 2007, indicating that the On page 126, between lines 14 and 15, insert pursuant to section 1360 of the National Senate expects to take up another supple- the following: Flood Insurance Act of 1968 (42 U.S.C. 4001 et mental appropriations bill to fund ongoing CUSTOMS AND BORDER PROTECTION seq.), $50,000,000, and such additional sums as military operations during fiscal year 2007. may be provided by State and local govern- For an additional amount for ‘‘Air and Ma- (b) SENSE OF SENATE.—It is the sense of the rine Interdiction, Operations, Maintenance, ments or other political subdivisions for Senate that— and Procurement’’, $12,000,000, for the North- cost-shared mapping activities under section (1) any request for funds for a fiscal year ern Border airwings in Michigan and North 1360(f)(2) of such Act, to remain available after fiscal year 2007 for ongoing military op- Dakota: Provided, That the amount provided until expended: Provided, That the total erations in Afghanistan and Iraq should be under this heading is designated as an emer- costs in administering such funds shall not included in the annual budget of the Presi- gency requirement under section 402 of H. exceed 3 percent of the amounts provided in dent for such fiscal year as submitted to Con. Res. 95 (109th Congress), the concurrent this heading: Provided further, That the Congress under section 1105(a) of title 31, resolution on the budget for fiscal year 2006. amount provided under this heading is des- United States Code; ignated as an emergency requirement pursu- (2) any request for funds for such a fiscal SA 3707. Mr. FRIST submitted an ant to section 402 of H. Con. Res. 95 (109th year for ongoing military operations should Congress), the current resolution on the provide an estimate of all funds required in amendment intended to be proposed by budget for fiscal year 2006. him to the bill H.R. 4939, making emer- that fiscal year for such operations; NATIONAL PREDISASTER MITIGATION FUND gency supplemental appropriations for (3) any request for funds for ongoing mili- the fiscal year ending September 30, For an additional amount for ‘‘National tary operations should include a detailed jus- Predisaster Mitigation Fund’’ for the pre-dis- tification of the anticipated use of such 2006, and for other purposes; which was aster mitigation grant program pursuant to funds for such operations; and ordered to lie on the table; as follows: title II of the Robert T. Stafford Disaster Re- (4) any funds provided for ongoing military At the appropriate place, insert the fol- lief and Emergency Assistance Act (42 U.S.C. operations overseas should be provided in ap- lowing: 5131 et seq.), $100,000,000, to remain available propriations Acts for such fiscal year

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3741 through appropriations to specific accounts SA 3712. Mr. ALLARD submitted an TITLE VIII—REVENUE PROVISIONS set forth in such appropriations Acts. amendment intended to be proposed to SEC. 8000. AMENDMENT OF CODE; TABLE OF CON- amendment SA 3645 proposed by Mr. TENTS. SA 3710. Mr. LEVIN (for himself, Ms. SALAZAR (for himself and Mr. BAUCUS) (a) AMENDMENT OF 1986 CODE.—Except as COLLINS, and Mr. REED) submitted an to the bill H.R. 4939, making emer- otherwise expressly provided, whenever in amendment intended to be proposed by this title an amendment or repeal is ex- him to the bill H.R. 4939, making emer- gency supplemental appropriations for pressed in terms of an amendment to, or re- gency supplemental appropriations for the fiscal year ending September 30, peal of, a section or other provision, the ref- the fiscal year ending September 30, 2006, and for other purposes; which was erence shall be considered to be made to a 2006, and for other purposes; as follows: ordered to lie on the table; as follows: section or other provision of the Internal On page 126, between lines 12 and 13, insert Strike all after line 2 and insert the fol- Revenue Code of 1986. (b) TABLE OF CONTENTS.—The table of con- the following: lowing: tents for this title is as follows: REPORTS ON POLICY AND POLITICAL REPORT ON FIRE SEASON TITLE VIII—REVENUE PROVISIONS DEVELOPMENTS IN IRAQ SEC. llll. Not later than June 1, 2006, Sec. 8000. Amendment of Code; table of con- SEC. 1406. (a) REPORTS REQUIRED.—The the Secretary of the Interior shall submit to tents. President shall, not later than 30 days after Congress a report that— the date of the enactment of this Act and (1) assesses the projected severity of the Subtitle A—Provisions Relating to Tax every 30 days thereafter until a national pending fire season; Shelters unity government has been formed in Iraq (2) taking into consideration drought, haz- Sec. 8101. Clarification of economic sub- and the Iraq Constitution has been amended ardous fuel buildup, and insect infestation, stance doctrine. in a manner that makes it a unifying docu- identifies the areas in which the threat of Sec. 8102. Penalty for understatements at- ment, submit to Congress a report on United the pending fire season is the most serious; tributable to transactions lack- States policy and political developments in (3) describes any actions recommended by ing economic substance, etc. Iraq. the Secretary of the Interior to mitigate the Sec. 8103. Denial of deduction for interest on (b) ELEMENTS.—Each report under sub- threat of the pending fire season; and underpayments attributable to section (a) shall include the following infor- noneconomic substance trans- mation: (4) specifies the amount of funds that would be necessary to carry out the actions actions. (1) Whether the Administration has told Sec. 8104. Modifications of effective dates of the Iraqi political, religious, and tribal lead- recommended by the Secretary under para- graph (3). leasing provisions of the Amer- ers that agreement by the Iraqis on a gov- ican Jobs Creation Act of 2004. ernment of national unity, and subsequent Sec. 8105. Revaluation of LIFO inventories agreement to amendments to the Iraq Con- SA 3713. Mr. BURR proposed an amendment to the bill H.R. 4939, mak- of large integrated oil compa- stitution to make it more inclusive, within nies. the deadlines that the Iraqis set for them- ing emergency supplemental appropria- Sec. 8106. Modification of effective date of selves in their Constitution, is a condition tions for the fiscal year ending Sep- exception from suspension rules for the continued presence of United States tember 30, 2006, and for other purposes; for certain listed and reportable military forces in Iraq. as follows: transactions. (2) The progress that has been made in the Sec. 8107. Doubling of certain penalties, formation of a national unity government On page 238, line 23, strike ‘‘Control and Prevention, and’’ and insert ‘‘Control and fines, and interest on underpay- and the obstacles, if any, that remain. ments related to certain off- (3) The progress that has been made in the Prevention, $5,000,000 shall be for the Smith- sonian Institution to carry out global and shore financial arrangements. amendment of the Iraq Constitution to make Sec. 8108. Penalty for aiding and abetting domestic disease surveillance, and’’. it more of a unifying document and the ob- the understatement of tax li- stacles, if any, that remain. ability. (4) An assessment of the effect that the for- SA 3714. Mrs. MURRAY (for Mr. HAR- Subtitle B—Provisions to Close Corporate mation of, or failure to form, a unity govern- KIN) proposed an amendment to the bill and Individual Loopholes ment, and the amendment of, or failure to H.R. 4939, making emergency supple- Sec. 8111. Tax treatment of inverted enti- amend, the Iraq Constitution, will have on mental appropriations for the fiscal the ‘‘significant transition to full Iraqi sov- ties. year ending September 30, 2006, and for Sec. 8112. Grant of Treasury regulatory au- ereignty, with Iraqi security forces taking other purposes; as follows: the lead for the security of a free and sov- thority to address foreign tax ereign Iraq, thereby creating the conditions On page 126, between lines 12 and 13, insert credit transactions involving for the phased redeployment of United the following: inappropriate separation of for- eign taxes from related foreign States forces from Iraq’’ as expressed in the UNITED STATES INSTITUTE OF PEACE PROGRAMS income. United States Policy in Iraq Act (section IN IRAQ AND AFGHANISTAN 1227 of the National Defense Authorization Sec. 8113. Treatment of contingent payment SEC. 1406. (a) The amount appropriated by Act for Fiscal Year 2006 (Public Law 109–163; convertible debt instruments. this chapter for other bilateral assistance Sec. 8114. Application of earnings stripping 119 Stat. 3465; 50 U.S.C. 1541 note)). under the heading ‘‘ECONOMIC SUPPORT rules to partners which are cor- (5) The specific conditions on the ground, FUND’’ is hereby increased by $8,500,000. porations. including the capability and leadership of (b) Of the amount appropriated by this Sec. 8115. Denial of deduction for certain Iraqi security forces, that would lead to the chapter for other bilateral assistance under fines, penalties, and other phased redeployment of United States the heading ‘‘ECONOMIC SUPPORT FUND’’, as amounts. ground combat forces from Iraq. increased by subsection (a), $8,500,000 shall be Sec. 8116. Disallowance of deduction for pu- SA 3711. Mr. NELSON of Florida sub- made available to the United States Insti- nitive damages. mitted an amendment intended to be tute of Peace for programs in Iraq and Af- Sec. 8117. Limitation of employer deduction ghanistan. for certain entertainment ex- proposed by him to the bill H.R. 4939, (c) Of the funds made available by chapter penses. making emergency supplemental ap- 2 of title II of division A of the Emergency Sec. 8118. Imposition of mark-to-market tax propriations for the fiscal year ending Supplemental Appropriations Act for De- on individuals who expatriate. September 30, 2006, and for other pur- fense, the Global War on Terror, and Tsu- Sec. 8119. Tax treatment of controlled for- poses; which was ordered to lie on the nami Relief, 2005’’ (Public Law 109-13) for eign corporations established in table; as follows: military assistance under the heading tax havens. On page 253, between lines 19 and 20, insert ‘‘PEACEKEEPING OPERATIONS’’ and available Sec. 8120. Modification of exclusion for citi- the following: for the Coalition Solidarity Initiative, zens living abroad. Sec. 8121. Limitation on annual amounts SATELLITE ALERT FACILITY, CAPE CANAVERAL $8,500,000 is rescinded. which may be deferred under AIR STATION, FLORIDA SA 3715. Mr. CONRAD (for himself, nonqualified deferred com- SEC. 7032. The amount appropriated by the pensation arrangements. Mrs. CLINTON, and Mr. DODD) proposed Military Quality of Life and Veterans Affairs Sec. 8122. Increase in age of minor children Appropriations Act, 2006 (Public Law 109–114) an amendment to the bill H.R. 4939, whose unearned income is taxed for the Air Force for military construction making emergency supplemental ap- as if parent’s income. that remains available for the Satellite propriations for the fiscal year ending Sec. 8123. Taxation of income of controlled Processing Operations Support Facility at September 30, 2006, and for other pur- foreign corporations attrib- Cape Canaveral Air Station, Florida, shall be utable to imported property. made available instead solely for the Sat- poses; as follows: ellite Alert Facility at Cape Canaveral Air On page 253, between lines 19 and 20, insert Subtitle C—Oil and Gas Provisions Station, Florida. the following: Sec. 8131. Extension of superfund taxes.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0655 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3742 CONGRESSIONAL RECORD — SENATE April 27, 2006 Sec. 8132. Modifications of foreign tax credit of the expected net tax benefits that would may include exemptions from the applica- rules applicable to dual capac- be allowed if the transaction were respected, tion of this subsection.’’. ity taxpayers. and (b) EFFECTIVE DATE.—The amendments Sec. 8133. Rules relating to foreign oil and ‘‘(II) the reasonably expected pre-tax profit made by this section shall apply to trans- gas income. from the transaction exceeds a risk-free rate actions entered into after the date of the en- Sec. 8134. Modification of credit for pro- of return. actment of this Act. ducing fuel from a nonconven- ‘‘(C) TREATMENT OF FEES AND FOREIGN SEC. 8102. PENALTY FOR UNDERSTATEMENTS AT- tional source. TAXES.—Fees and other transaction expenses TRIBUTABLE TO TRANSACTIONS Sec. 8135. Elimination of amortization of ge- and foreign taxes shall be taken into account LACKING ECONOMIC SUBSTANCE, ological and geophysical ex- as expenses in determining pre-tax profit ETC. penditures for major integrated under subparagraph (B)(ii). (a) IN GENERAL.—Subchapter A of chapter oil companies. ‘‘(2) SPECIAL RULES FOR TRANSACTIONS WITH 68 is amended by inserting after section Subtitle D—Tax Administration Provisions TAX-INDIFFERENT PARTIES.— 6662A the following new section: ‘‘(A) SPECIAL RULES FOR FINANCING TRANS- ‘‘SEC. 6662B. PENALTY FOR UNDERSTATEMENTS Sec. 8141. Imposition of withholding on cer- ACTIONS.—The form of a transaction which is ATTRIBUTABLE TO TRANSACTIONS tain payments made by govern- in substance the borrowing of money or the LACKING ECONOMIC SUBSTANCE, ment entities. acquisition of financial capital directly or ETC. Sec. 8142. Increase in certain criminal pen- indirectly from a tax-indifferent party shall ‘‘(a) IMPOSITION OF PENALTY.—If a taxpayer alties. not be respected if the present value of the has an noneconomic substance transaction Sec. 8143. Repeal of suspension of interest deductions to be claimed with respect to the understatement for any taxable year, there and certain penalties where transaction is substantially in excess of the shall be added to the tax an amount equal to Secretary fails to contact tax- present value of the anticipated economic re- 40 percent of the amount of such understate- payer. turns of the person lending the money or ment. Sec. 8144. Increase in penalty for bad checks providing the financial capital. A public of- ‘‘(b) REDUCTION OF PENALTY FOR DISCLOSED and money orders. fering shall be treated as a borrowing, or an TRANSACTIONS.—Subsection (a) shall be ap- Sec. 8145. Frivolous tax submissions. acquisition of financial capital, from a tax- plied by substituting ‘20 percent’ for ‘40 per- Sec. 8146. Partial payments required with indifferent party if it is reasonably expected cent’ with respect to the portion of any non- submission of offers-in-com- that at least 50 percent of the offering will be economic substance transaction understate- promise. placed with tax-indifferent parties. ment with respect to which the relevant Sec. 8147. Waiver of user fee for installment ‘‘(B) ARTIFICIAL INCOME SHIFTING AND BASIS facts affecting the tax treatment of the item agreements using automated ADJUSTMENTS.—The form of a transaction are adequately disclosed in the return or a withdrawals. with a tax-indifferent party shall not be re- statement attached to the return. Sec. 8148. Termination of installment agree- spected if— ‘‘(c) NONECONOMIC SUBSTANCE TRANSACTION ments. ‘‘(i) it results in an allocation of income or UNDERSTATEMENT.—For purposes of this sec- Subtitle E—Additional Provisions gain to the tax-indifferent party in excess of tion— Sec. 8151. Loan and redemption require- such party’s economic income or gain, or ‘‘(1) IN GENERAL.—The term ‘noneconomic ments on pooled financing re- ‘‘(ii) it results in a basis adjustment or substance transaction understatement’ quirements. shifting of basis on account of overstating means any amount which would be an under- Sec. 8152. Repeal of the scheduled phaseout the income or gain of the tax-indifferent statement under section 6662A(b)(1) if section of the limitations on personal party. 6662A were applied by taking into account exemptions and itemized deduc- ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For items attributable to noneconomic sub- tions. purposes of this subsection— stance transactions rather than items to which section 6662A would apply without re- Subtitle A—Provisions Relating to Tax ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The gard to this paragraph. Shelters term ‘economic substance doctrine’ means the common law doctrine under which tax ‘‘(2) NONECONOMIC SUBSTANCE TRANS- SEC. 8101. CLARIFICATION OF ECONOMIC SUB- benefits under subtitle A with respect to a ACTION.—The term ‘noneconomic substance STANCE DOCTRINE. transaction are not allowable if the trans- transaction’ means any transaction if— (a) IN GENERAL.—Section 7701 is amended action does not have economic substance or ‘‘(A) there is a lack of economic substance by redesignating subsection (o) as subsection lacks a business purpose. (within the meaning of section 7701(o)(1)) for (p) and by inserting after subsection (n) the ‘‘(B) TAX-INDIFFERENT PARTY.—The term the transaction giving rise to the claimed following new subsection: ‘tax-indifferent party’ means any person or benefit or the transaction was not respected ‘‘(o) CLARIFICATION OF ECONOMIC SUBSTANCE entity not subject to tax imposed by subtitle under section 7701(o)(2), or DOCTRINE; ETC.— A. A person shall be treated as a tax-indif- ‘‘(B) the transaction fails to meet the re- ‘‘(1) GENERAL RULES.— ferent party with respect to a transaction if quirements of any similar rule of law. N GENERAL ‘‘(A) I .—In any case in which a the items taken into account with respect to ‘‘(d) RULES APPLICABLE TO COMPROMISE OF court determines that the economic sub- the transaction have no substantial impact PENALTY.— stance doctrine is relevant for purposes of on such person’s liability under subtitle A. ‘‘(1) IN GENERAL.—If the 1st letter of pro- this title to a transaction (or series of trans- ‘‘(C) EXCEPTION FOR PERSONAL TRANS- posed deficiency which allows the taxpayer actions), such transaction (or series of trans- ACTIONS OF INDIVIDUALS.—In the case of an an opportunity for administrative review in actions) shall have economic substance only individual, this subsection shall apply only the Internal Revenue Service Office of Ap- if the requirements of this paragraph are to transactions entered into in connection peals has been sent with respect to a penalty met. with a trade or business or an activity en- to which this section applies, only the Com- ‘‘(B) DEFINITION OF ECONOMIC SUBSTANCE.— gaged in for the production of income. missioner of Internal Revenue may com- For purposes of subparagraph (A)— ‘‘(D) TREATMENT OF LESSORS.—In applying promise all or any portion of such penalty. N GENERAL ‘‘(i) I .—A transaction has eco- paragraph (1)(B)(ii) to the lessor of tangible ‘‘(2) APPLICABLE RULES.—The rules of para- nomic substance only if— property subject to a lease— graphs (2) and (3) of section 6707A(d) shall ‘‘(I) the transaction changes in a meaning- ‘‘(i) the expected net tax benefits with re- apply for purposes of paragraph (1). ful way (apart from Federal tax effects) the spect to the leased property shall not include ‘‘(e) COORDINATION WITH OTHER PEN- taxpayer’s economic position, and the benefits of— ALTIES.—Except as otherwise provided in this ‘‘(II) the taxpayer has a substantial nontax ‘‘(I) depreciation, part, the penalty imposed by this section purpose for entering into such transaction ‘‘(II) any tax credit, or shall be in addition to any other penalty im- and the transaction is a reasonable means of ‘‘(III) any other deduction as provided in posed by this title. accomplishing such purpose. guidance by the Secretary, and ‘‘(f) CROSS REFERENCES.— In applying subclause (II), a purpose of ‘‘(ii) subclause (II) of paragraph (1)(B)(ii) ‘‘(1) For coordination of penalty with un- achieving a financial accounting benefit shall be disregarded in determining whether derstatements under section 6662 and other shall not be taken into account in deter- any of such benefits are allowable. special rules, see section 6662A(e) mining whether a transaction has a substan- ‘‘(4) OTHER COMMON LAW DOCTRINES NOT AF- ‘‘(2) For reporting of penalty imposed tial nontax purpose if the origin of such fi- FECTED.—Except as specifically provided in under this section to the Securities and Ex- nancial accounting benefit is a reduction of this subsection, the provisions of this sub- change Commission, see section 6707A(e)’’. income tax. section shall not be construed as altering or (b) COORDINATION WITH OTHER UNDERSTATE- ‘‘(ii) SPECIAL RULE WHERE TAXPAYER RELIES supplanting any other rule of law, and the MENTS AND PENALTIES.— ON PROFIT POTENTIAL.—A transaction shall requirements of this subsection shall be con- (1) The second sentence of section not be treated as having economic substance strued as being in addition to any such other 6662(d)(2)(A) is amended by inserting ‘‘and by reason of having a potential for profit un- rule of law. without regard to items with respect to less— ‘‘(5) REGULATIONS.—The Secretary shall which a penalty is imposed by section 6662B’’ ‘‘(I) the present value of the reasonably ex- prescribe such regulations as may be nec- before the period at the end. pected pre-tax profit from the transaction is essary or appropriate to carry out the pur- (2) Subsection (e) of section 6662A is substantial in relation to the present value poses of this subsection. Such regulations amended—

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3743 (A) in paragraph (1), by inserting ‘‘and non- paragraphs (1) and (2), respectively, and by SEC. 8106. MODIFICATION OF EFFECTIVE DATE economic substance transaction understate- adding at the end the following new para- OF EXCEPTION FROM SUSPENSION ments’’ after ‘‘reportable transaction under- graph: RULES FOR CERTAIN LISTED AND REPORTABLE TRANSACTIONS. statements’’ both places it appears, ‘‘(3) LEASES TO FOREIGN ENTITIES.—In the (a) IN GENERAL.—Paragraph (2) of section (B) in paragraph (2)(A), by inserting ‘‘and a case of tax-exempt use property leased to a 903(d) of the American Jobs Creation Act of noneconomic substance transaction under- tax-exempt entity which is a foreign person 2004 is amended to read as follows: statement’’ after ‘‘reportable transaction un- or entity, the amendments made by this part ‘‘(2) EXCEPTION FOR REPORTABLE OR LISTED derstatement’’, shall apply to taxable years beginning after TRANSACTIONS.— (C) in paragraph (2)(B), by inserting ‘‘6662B December 31, 2004, with respect to leases en- ‘‘(A) IN GENERAL.—The amendments made or’’ before ‘‘6663’’, tered into on or before March 12, 2004.’’. by subsection (c) shall apply with respect to (D) in paragraph (2)(C)(i), by inserting ‘‘or (b) EFFECTIVE DATE.—The amendments interest accruing after October 3, 2004. section 6662B’’ before the period at the end, made by this section shall take effect as if ‘‘(B) SPECIAL RULE FOR CERTAIN LISTED AND (E) in paragraph (2)(C)(ii), by inserting included in the enactment of the American REPORTABLE TRANSACTIONS.— ‘‘and section 6662B’’ after ‘‘This section’’, Jobs Creation Act of 2004. ‘‘(i) IN GENERAL.—Except as provided in (F) in paragraph (3), by inserting ‘‘or non- SEC. 8105. REVALUATION OF LIFO INVENTORIES clause (ii), the amendments made by sub- economic substance transaction understate- OF LARGE INTEGRATED OIL COMPA- section (c) shall also apply with respect to ment’’ after ‘‘reportable transaction under- NIES. interest accruing on or before October 3, statement’’, and (a) GENERAL RULE.—Notwithstanding any 2004. (G) by adding at the end the following new other provision of law, if a taxpayer is an ap- ‘‘(ii) PARTICIPANTS IN SETTLEMENT INITIA- paragraph: plicable integrated oil company for its last TIVES.—Clause (i) shall not apply to any ‘‘(4) NONECONOMIC SUBSTANCE TRANSACTION taxable year ending in calendar year 2005, transaction if, as of January 23, 2006— UNDERSTATEMENT.—For purposes of this sub- the taxpayer shall— ‘‘(I) the taxpayer is participating in a set- section, the term ‘noneconomic substance (1) increase, effective as of the close of tlement initiative described in Internal Rev- transaction understatement’ has the mean- such taxable year, the value of each historic enue Service Announcement 2005-80 with re- ing given such term by section 6662B(c).’’. LIFO layer of inventories of crude oil, nat- spect to such transaction, or (3) Subsection (e) of section 6707A is ural gas, or any other petroleum product ‘‘(II) the taxpayer has entered into a set- amended— (within the meaning of section 4611) by the tlement agreement pursuant to such an ini- (A) by striking ‘‘or’’ at the end of subpara- layer adjustment amount, and tiative. graph (B), and (2) decrease its cost of goods sold for such ‘‘(iii) TERMINATION OF EXCEPTION.—Clause (B) by striking subparagraph (C) and in- taxable year by the aggregate amount of the (ii)(I) shall not apply to any taxpayer if, serting the following new subparagraphs: increases under paragraph (1). after January 23, 2006, the taxpayer with- ‘‘(C) is required to pay a penalty under sec- draws from, or terminates, participation in If the aggregate amount of the increases tion 6662B with respect to any noneconomic the initiative or the Secretary of the Treas- under paragraph (1) exceed the taxpayer’s substance transaction, or ury or the Secretary’s delegate determines ‘‘(D) is required to pay a penalty under sec- cost of goods sold for such taxable year, the that a settlement agreement will not be tion 6662(h) with respect to any transaction taxpayer’s gross income for such taxable reached pursuant to the initiative within a and would (but for section 6662A(e)(2)(C)) year shall be increased by the amount of reasonable period of time.’’. have been subject to penalty under section such excess. (b) EFFECTIVE DATE.—The amendment 6662A at a rate prescribed under section (b) LAYER ADJUSTMENT AMOUNT.—For pur- made by this section shall take effect as if 6662A(c) or under section 6662B,’’. poses of this section— included in the provisions of the American (c) CLERICAL AMENDMENT.—The table of (1) IN GENERAL.—The term ‘‘layer adjust- Jobs Creation Act of 2004 to which it relates. sections for part II of subchapter A of chap- ment amount’’ means, with respect to any SEC. 8107. DOUBLING OF CERTAIN PENALTIES, ter 68 is amended by inserting after the item historic LIFO layer, the product of— FINES, AND INTEREST ON UNDER- relating to section 6662A the following new (A) $18.75, and PAYMENTS RELATED TO CERTAIN item: (B) the number of barrels of crude oil (or in OFFSHORE FINANCIAL ARRANGE- the case of natural gas or other petroleum MENTS. ‘‘Sec. 6662B. Penalty for understatements products, the number of barrel-of-oil equiva- (a) DETERMINATION OF PENALTY.— attributable to transactions lents) represented by the layer. (1) IN GENERAL.—Notwithstanding any lacking economic substance, other provision of law, in the case of an ap- (2) BARREL-OF-OIL EQUIVALENT.—The term etc’’. ‘‘barrel-of-oil equivalent’’ has the meaning plicable taxpayer— (d) EFFECTIVE DATE.—The amendments given such term by section 29(d)(5) (as in ef- (A) the determination as to whether any made by this section shall apply to trans- fect before its redesignation by the Energy interest or applicable penalty is to be im- posed with respect to any arrangement de- actions entered into after the date of the en- Tax Incentives Act of 2005). scribed in paragraph (2), or to any under- actment of this Act. (c) APPLICATION OF REQUIREMENT.— payment of Federal income tax attributable SEC. 8103. DENIAL OF DEDUCTION FOR INTEREST (1) NO CHANGE IN METHOD OF ACCOUNTING.— ON UNDERPAYMENTS ATTRIB- to items arising in connection with any such Any adjustment required by this section arrangement, shall be made without regard UTABLE TO NONECONOMIC SUB- shall not be treated as a change in method of STANCE TRANSACTIONS. to the rules of subsections (b), (c), and (d) of accounting. (a) IN GENERAL.—Section 163(m) (relating section 6664 of the Internal Revenue Code of (2) UNDERPAYMENTS OF ESTIMATED TAX.—No to interest on unpaid taxes attributable to 1986, and addition to the tax shall be made under sec- nondisclosed reportable transactions) is (B) if any such interest or applicable pen- tion 6655 of the Internal Revenue Code of 1986 amended— alty is imposed, the amount of such interest (relating to failure by corporation to pay es- (1) by striking ‘‘attributable’’ and all that or penalty shall be equal to twice that deter- timated tax) with respect to any under- follows and inserting the following: ‘‘attrib- mined without regard to this section. payment of an installment required to be utable to— (2) APPLICABLE TAXPAYER.—For purposes of paid with respect to the taxable year de- ‘‘(1) the portion of any reportable trans- this subsection— scribed in subsection (a) to the extent such action understatement (as defined in section (A) IN GENERAL.—The term ‘‘applicable underpayment was created or increased by 6662A(b)) with respect to which the require- taxpayer’’ means a taxpayer which— this section. ment of section 6664(d)(2)(A) is not met, or (i) has underreported its United States in- (d) APPLICABLE INTEGRATED OIL COM- ‘‘(2) any noneconomic substance trans- come tax liability with respect to any item PANY.—For purposes of this section, the term action understatement (as defined in section which directly or indirectly involves— ‘‘applicable integrated oil company’’ means 6662B(c)).’’, and (I) any financial arrangement which in any an integrated oil company (as defined in sec- (2) by inserting ‘‘AND NONECONOMIC SUB- manner relies on the use of offshore payment tion 291(b)(4) of the Internal Revenue Code of STANCE TRANSACTIONS’’ in the heading there- mechanisms (including credit, debit, or 1986) which— of after ‘‘TRANSACTIONS’’. charge cards) issued by banks or other enti- (1) had gross receipts in excess of (b) EFFECTIVE DATE.—The amendments ties in foreign jurisdictions, or $1,000,000,000 for its last taxable year ending made by this section shall apply to trans- (II) any offshore financial arrangement (in- during calendar year 2005, and actions after the date of the enactment of cluding any arrangement with foreign banks, (2) uses the last-in, first-out (LIFO) meth- this Act in taxable years ending after such financial institutions, corporations, partner- od of accounting with respect to its crude oil date. ships, trusts, or other entities), and inventories for such taxable year. SEC. 8104. MODIFICATIONS OF EFFECTIVE DATES (ii) has neither signed a closing agreement OF LEASING PROVISIONS OF THE For purposes of paragraph (1), all persons pursuant to the Voluntary Offshore Compli- AMERICAN JOBS CREATION ACT OF treated as a single employer under sub- ance Initiative established by the Depart- 2004. sections (a) and (b) of section 52 of the Inter- ment of the Treasury under Revenue Proce- (a) IN GENERAL.—Section 849(b) of the nal Revenue Code of 1986 shall be treated as dure 2003-11 nor voluntarily disclosed its par- American Jobs Creation Act of 2004 is 1 person and, in the case of a short taxable ticipation in such arrangement by notifying amended by striking paragraphs (1) and (2), year, the rule under section 448(c)(3)(B) shall the Internal Revenue Service of such ar- by redesignating paragraphs (3) and (4) as apply. rangement prior to the issue being raised by

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the Internal Revenue Service during an ex- stance of aid, assistance, procurement, or ad- ‘‘(m) REGULATIONS.—The Secretary may amination. vice described in subsection (a), each in- prescribe regulations disallowing a credit (B) AUTHORITY TO WAIVE.—The Secretary of stance in which income was derived by the under subsection (a) for all or a portion of the Treasury or the Secretary’s delegate person or persons subject to such penalty, any foreign tax, or allocating a foreign tax may waive the application of paragraph (1) and each person who made such an under- among 2 or more persons, in cases where the to any taxpayer if the Secretary or the Sec- statement of the liability for tax. foreign tax is imposed on any person in re- retary’s delegate determines that the use of ‘‘(3) LIABILITY FOR PENALTY.—If more than spect of income of another person or in other such offshore payment mechanisms is inci- 1 person is liable under subsection (a) with cases involving the inappropriate separation dental to the transaction and, in addition, in respect to providing such aid, assistance, of the foreign tax from the related foreign the case of a trade or business, such use is procurement, or advice, all such persons income.’’. conducted in the ordinary course of the type shall be jointly and severally liable for the (b) EFFECTIVE DATE.—The amendments of trade or business of the taxpayer. penalty under such subsection.’’. made by this section shall apply to trans- (C) ISSUES RAISED.—For purposes of sub- (c) PENALTY NOT DEDUCTIBLE.—Section 6701 actions entered into after the date of the en- paragraph (A)(ii), an item shall be treated as is amended by adding at the end the fol- actment of this Act. an issue raised during an examination if the lowing new subsection: SEC. 8113. TREATMENT OF CONTINGENT PAY- individual examining the return— ‘‘(g) PENALTY NOT DEDUCTIBLE.—The pay- MENT CONVERTIBLE DEBT INSTRU- (i) communicates to the taxpayer knowl- ment of any penalty imposed under this sec- MENTS. tion or the payment of any amount to settle (a) IN GENERAL.—Section 1275(d) (relating edge about the specific item, or or avoid the imposition of such penalty shall to regulation authority) is amended— (ii) has made a request to the taxpayer for not be deductible by the person who is sub- (1) by striking ‘‘The Secretary’’ and insert- information and the taxpayer could not ject to such penalty or who makes such pay- ing the following: make a complete response to that request ment.’’. ‘‘(1) IN GENERAL.—The Secretary’’, and without giving the examiner knowledge of (d) EFFECTIVE DATE.—The amendments (2) by adding at the end the following new the specific item. made by this section shall apply to activities paragraph: (b) DEFINITIONS AND RULES.—For purposes after the date of the enactment of this Act. of this section— ‘‘(2) TREATMENT OF CONTINGENT PAYMENT Subtitle B—Provisions to Close Corporate (1) APPLICABLE PENALTY.—The term ‘‘appli- CONVERTIBLE DEBT.— cable penalty’’ means any penalty, addition and Individual Loopholes ‘‘(A) IN GENERAL.—In the case of a debt in- to tax, or fine imposed under chapter 68 of SEC. 8111. TAX TREATMENT OF INVERTED ENTI- strument which— the Internal Revenue Code of 1986. TIES. ‘‘(i) is convertible into stock of the issuing (a) IN GENERAL.—Section 7874 is amended— (2) FEES AND EXPENSES.—The Secretary of corporation, into stock or debt of a related the Treasury may retain and use an amount (1) by striking ‘‘March 4, 2003’’ in sub- party (within the meaning of section 267(b) not in excess of 25 percent of all additional section (a)(2)(B)(i) and in the matter fol- or 707(b)(1)), or into cash or other property in lowing subsection (a)(2)(B)(iii) and inserting interest, penalties, additions to tax, and an amount equal to the approximate value of ‘‘March 20, 2002’’, fines collected under this section to be used such stock or debt, and (2) by striking ‘‘at least 60 percent’’ in sub- for enforcement and collection activities of ‘‘(ii) provides for contingent payments, section (a)(2)(B)(ii) and inserting ‘‘more than the Internal Revenue Service. The Secretary any regulations which require original issue 50 percent’’, shall keep adequate records regarding discount to be determined by reference to (3) by striking ‘‘80 percent’’ in subsection amounts so retained and used. The amount the comparable yield of a noncontingent (b) and inserting ‘‘at least 80 percent’’, credited as paid by any taxpayer shall be de- fixed-rate debt instrument shall be applied (4) by striking ‘‘60 percent’’ in subsection termined without regard to this paragraph. as if the regulations require that such com- (b) and inserting ‘‘more than 50 percent’’, (c) REPORT BY SECRETARY.—The Secretary parable yield be determined by reference to a (5) by adding at the end of subsection (a)(2) shall each year conduct a study and report to noncontingent fixed-rate debt instrument the following new sentence: ‘‘Except as pro- Congress on the implementation of this sec- which is convertible into stock. vided in regulations, an acquisition of prop- tion during the preceding year, including ‘‘(B) SPECIAL RULE.—For purposes of sub- erties of a domestic corporation shall not be statistics on the number of taxpayers af- paragraph (A), the comparable yield shall be treated as described in subparagraph (B) if fected by such implementation and the determined without taking into account the none of the corporation’s stock was readily amount of interest and applicable penalties yield resulting from the conversion of a debt tradeable on an established securities mar- asserted, waived, and assessed during such instrument into stock.’’. ket at any time during the 4-year period end- preceding year. (b) CROSS REFERENCE.—Section 163(e)(6) ing on the date of the acquisition.’’, and (d) EFFECTIVE DATE.—The provisions of (relating to cross references) is amended by this section shall apply to interest, pen- (6) by redesignating subsection (g) as sub- adding at the end the following: alties, additions to tax, and fines with re- section (h) and by inserting after subsection ‘‘For the treatment of contingent payment spect to any taxable year if, as of the date of (f) the following new subsection: convertible debt, see section 1275(d)(2).’’. ‘‘(g) SPECIAL RULES APPLICABLE TO EXPA- the enactment of this Act, the assessment of (c) EFFECTIVE DATE.—The amendments TRIATED ENTITIES.— any tax, penalty, or interest with respect to made by this section shall apply to debt in- ‘‘(1) INCREASES IN ACCURACY-RELATED PEN- such taxable year is not prevented by the op- struments issued on or after the date of the ALTIES.—In the case of any underpayment of eration of any law or rule of law. enactment of this Act. tax of an expatriated entity— SEC. 8114. APPLICATION OF EARNINGS STRIP- SEC. 8108. PENALTY FOR AIDING AND ABETTING ‘‘(A) section 6662(a) shall be applied with THE UNDERSTATEMENT OF TAX LI- PING RULES TO PARTNERS WHICH ABILITY. respect to such underpayment by sub- ARE CORPORATIONS. (a) IN GENERAL.—Section 6701(a) (relating stituting ‘30 percent’ for ‘20 percent’, and (a) IN GENERAL.—Section 163(j) (relating to to imposition of penalty) is amended— ‘‘(B) if such underpayment is attributable limitation on deduction for interest on cer- (1) by inserting ‘‘the tax liability or’’ after to one or more gross valuation understate- tain indebtedness) is amended by redesig- ‘‘respect to,’’ in paragraph (1), ments, the increase in the rate of penalty nating paragraph (8) as paragraph (9) and by (2) by inserting ‘‘aid, assistance, procure- under section 6662(h) shall be to 50 percent inserting after paragraph (7) the following ment, or advice with respect to such’’ before rather than 40 percent. new paragraph: ‘‘portion’’ both places it appears in para- ‘‘(2) MODIFICATIONS OF LIMITATION ON INTER- ‘‘(8) TREATMENT OF CORPORATE PARTNERS.— graphs (2) and (3), and EST DEDUCTION.—In the case of an expatri- Except to the extent provided by regula- (3) by inserting ‘‘instance of aid, assist- ated entity, section 163(j) shall be applied— tions, in applying this subsection to a cor- ance, procurement, or advice or each such’’ ‘‘(A) without regard to paragraph (2)(A)(ii) poration which owns (directly or indirectly) before ‘‘document’’ in the matter following thereof, and an interest in a partnership— paragraph (3). ‘‘(B) by substituting ‘25 percent’ for ‘50 per- ‘‘(A) such corporation’s distributive share (b) AMOUNT OF PENALTY.—Subsection (b) of cent’ each place it appears in paragraph of interest income paid or accrued to such section 6701 (relating to penalties for aiding (2)(B) thereof.’’. partnership shall be treated as interest in- and abetting understatement of tax liability) (b) EFFECTIVE DATE.—The amendments come paid or accrued to such corporation, is amended to read as follows: made by this section shall apply to taxable ‘‘(B) such corporation’s distributive share ‘‘(b) AMOUNT OF PENALTY; CALCULATION OF years ending after March 20, 2002. of interest paid or accrued by such partner- PENALTY; LIABILITY FOR PENALTY.— SEC. 8112. GRANT OF TREASURY REGULATORY ship shall be treated as interest paid or ac- AUTHORITY TO ADDRESS FOREIGN ‘‘(1) AMOUNT OF PENALTY.—The amount of crued by such corporation, and TAX CREDIT TRANSACTIONS IN- the penalty imposed by subsection (a) shall VOLVING INAPPROPRIATE SEPARA- ‘‘(C) such corporation’s share of the liabil- not exceed 100 percent of the gross income TION OF FOREIGN TAXES FROM RE- ities of such partnership shall be treated as derived (or to be derived) from such aid, as- LATED FOREIGN INCOME. liabilities of such corporation.’’. sistance, procurement, or advice provided by (a) IN GENERAL.—Section 901 (relating to (b) ADDITIONAL REGULATORY AUTHORITY.— the person or persons subject to such pen- taxes of foreign countries and of possessions Section 163(j)(9) (relating to regulations), as alty. of United States) is amended by redesig- redesignated by subsection (a), is amended ‘‘(2) CALCULATION OF PENALTY.—The pen- nating subsection (m) as subsection (n) and by striking ‘‘and’’ at the end of subparagraph alty amount determined under paragraph (1) by inserting after subsection (l) the fol- (B), by striking the period at the end of sub- shall be calculated with respect to each in- lowing new subsection: paragraph (C) and inserting ‘‘, and’’, and by

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3745 adding at the end the following new subpara- scribed in section 162(f)(4) which is involved SEC. 8116. DISALLOWANCE OF DEDUCTION FOR graph: in a suit or agreement described in para- PUNITIVE DAMAGES. ‘‘(D) regulations providing for the realloca- graph (2) shall make a return in such form as (a) DISALLOWANCE OF DEDUCTION.— tion of shares of partnership indebtedness, or determined by the Secretary setting forth— (1) IN GENERAL.—Section 162(g) (relating to distributive shares of the partnership’s inter- ‘‘(A) the amount required to be paid as a treble damage payments under the antitrust est income or interest expense, as may be ap- result of the suit or agreement to which laws) is amended— propriate to carry out the purposes of this paragraph (1) of section 162(f) applies, (A) by redesignating paragraphs (1) and (2) subsection.’’. ‘‘(B) any amount required to be paid as a as subparagraphs (A) and (B), respectively, (c) EFFECTIVE DATE.—The amendments result of the suit or agreement which con- (B) by striking ‘‘If’’ and inserting: made by this section shall apply to taxable stitutes restitution or remediation of prop- ‘‘(1) TREBLE DAMAGES.—If’’, and years beginning on or after the date of the erty, and (C) by adding at the end the following new enactment of this Act. ‘‘(C) any amount required to be paid as a paragraph: result of the suit or agreement for the pur- ‘‘(2) PUNITIVE DAMAGES.—No deduction SEC. 8115. DENIAL OF DEDUCTION FOR CERTAIN shall be allowed under this chapter for any FINES, PENALTIES, AND OTHER pose of coming into compliance with any law AMOUNTS. which was violated or involved in the inves- amount paid or incurred for punitive dam- ages in connection with any judgment in, or (a) IN GENERAL.—Subsection (f) of section tigation or inquiry. 162 (relating to trade or business expenses) is ‘‘(2) SUIT OR AGREEMENT DESCRIBED.— settlement of, any action. This paragraph amended to read as follows: ‘‘(A) IN GENERAL.—A suit or agreement is shall not apply to punitive damages de- scribed in section 104(c).’’. ‘‘(f) FINES, PENALTIES, AND OTHER described in this paragraph if— (2) CONFORMING AMENDMENT.—The heading AMOUNTS.— ‘‘(i) it is— for section 162(g) is amended by inserting ‘‘(1) IN GENERAL.—Except as provided in ‘‘(I) a suit with respect to a violation of paragraph (2), no deduction otherwise allow- any law over which the government or entity ‘‘OR PUNITIVE DAMAGES’’ after ‘‘LAWS’’. (b) INCLUSION IN INCOME OF PUNITIVE DAM- able shall be allowed under this chapter for has authority and with respect to which AGES PAID BY INSURER OR OTHERWISE.— any amount paid or incurred (whether by there has been a court order, or (1) IN GENERAL.—Part II of subchapter B of suit, agreement, or otherwise) to, or at the ‘‘(II) an agreement which is entered into chapter 1 (relating to items specifically in- direction of, a government or entity de- with respect to a violation of any law over cluded in gross income) is amended by add- scribed in paragraph (4) in relation to the which the government or entity has author- ing at the end the following new section: violation of any law or the investigation or ity, or with respect to an investigation or in- inquiry by such government or entity into quiry by the government or entity into the ‘‘SEC. 91. PUNITIVE DAMAGES COMPENSATED BY INSURANCE OR OTHERWISE. the potential violation of any law. potential violation of any law over which such government or entity has authority, ‘‘Gross income shall include any amount ‘‘(2) EXCEPTION FOR AMOUNTS CONSTITUTING and paid to or on behalf of a taxpayer as insur- RESTITUTION OR PAID TO COME INTO COMPLI- ‘‘(ii) the aggregate amount involved in all ance or otherwise by reason of the taxpayer’s ANCE WITH LAW.—Paragraph (1) shall not liability (or agreement) to pay punitive dam- apply to any amount which— court orders and agreements with respect to the violation, investigation, or inquiry is ages.’’. ‘‘(A) the taxpayer establishes— (2) REPORTING REQUIREMENTS.—Section 6041 ‘‘(i) constitutes restitution (including re- $600 or more. ‘‘(B) ADJUSTMENT OF REPORTING THRESH- (relating to information at source) is amend- mediation of property) for damage or harm ed by adding at the end the following new caused by or which may be caused by the OLD.—The Secretary may adjust the $600 amount in subparagraph (A)(ii) as necessary subsection: violation of any law or the potential viola- ‘‘(f) SECTION TO APPLY TO PUNITIVE DAM- tion of any law, or in order to ensure the efficient administra- tion of the internal revenue laws. AGES COMPENSATION.—This section shall ‘‘(ii) is paid to come into compliance with apply to payments by a person to or on be- any law which was violated or involved in ‘‘(3) TIME OF FILING.—The return required under this subsection shall be filed not later half of another person as insurance or other- the investigation or inquiry, and wise by reason of the other person’s liability than— ‘‘(B) is identified as restitution or as an (or agreement) to pay punitive damages.’’. ‘‘(A) 30 days after the date on which a amount paid to come into compliance with (3) CONFORMING AMENDMENT.—The table of court order is issued with respect to the suit the law, as the case may be, in the court sections for part II of subchapter B of chap- or the date the agreement is entered into, as order or settlement agreement. ter 1 is amended by adding at the end the fol- the case may be, or lowing new item: Identification pursuant to subparagraph (B) ‘‘(B) the date specified Secretary. alone shall not satisfy the requirement ‘‘(b) STATEMENTS TO BE FURNISHED TO INDI- ‘‘Sec. 91. Punitive damages compensated by under subparagraph (A). This paragraph VIDUALS INVOLVED IN THE SETTLEMENT.— insurance or otherwise.’’. shall not apply to any amount paid or in- Every person required to make a return (c) EFFECTIVE DATE.—The amendments curred as reimbursement to the government under subsection (a) shall furnish to each made by this section shall apply to damages or entity for the costs of any investigation person who is a party to the suit or agree- paid or incurred on or after the date of the or litigation. ment a written statement showing— enactment of this Act. ‘‘(3) EXCEPTION FOR AMOUNTS PAID OR IN- ‘‘(1) the name of the government or entity, SEC. 8117. LIMITATION OF EMPLOYER DEDUC- CURRED AS THE RESULT OF CERTAIN COURT OR- and TION FOR CERTAIN ENTERTAIN- MENT EXPENSES. DERS.—Paragraph (1) shall not apply to any ‘‘(2) the information supplied to the Sec- (a) IN GENERAL.—Paragraph (2) of section amount paid or incurred by order of a court retary under subsection (a)(1). 274(e) (relating to expenses treated as com- in a suit in which no government or entity The written statement required under the described in paragraph (4) is a party. pensation) is amended to read as follows: preceding sentence shall be furnished to the ‘‘(2) EXPENSES TREATED AS COMPENSATION.— ‘‘(4) CERTAIN NONGOVERNMENTAL REGU- person at the same time the government or Expenses for goods, services, and facilities, LATORY ENTITIES.—An entity is described in entity provides the Secretary with the infor- this paragraph if it is— to the extent that the expenses do not exceed mation required under subsection (a). the amount of the expenses which are treat- ‘‘(A) a nongovernmental entity which exer- ‘‘(c) APPROPRIATE OFFICIAL DEFINED.—For ed by the taxpayer, with respect to the re- cises self-regulatory powers (including im- purposes of this section, the term ‘appro- posing sanctions) in connection with a quali- priate official’ means the officer or employee cipient of the entertainment, amusement, or fied board or exchange (as defined in section having control of the suit, investigation, or recreation, as compensation to an employee 1256(g)(7)), or inquiry or the person appropriately des- on the taxpayer’s return of tax under this ‘‘(B) to the extent provided in regulations, ignated for purposes of this section.’’. chapter and as wages to such employee for purposes of chapter 24 (relating to with- a nongovernmental entity which exercises (2) CONFORMING AMENDMENT.—The table of self-regulatory powers (including imposing sections for subpart B of part III of sub- holding of income tax at source on wages).’’. (b) PERSONS NOT EMPLOYEES.—Paragraph sanctions) as part of performing an essential chapter A of chapter 61 is amended by insert- (9) of section 274(e) is amended by striking ing after the item relating to section 6050T governmental function. ‘‘to the extent that the expenses are includ- the following new item: ‘‘(5) EXCEPTION FOR TAXES DUE.—Paragraph ible in the gross income’’ and inserting ‘‘to (1) shall not apply to any amount paid or in- ‘‘Sec. 6050U. Information with respect to the extent that the expenses do not exceed curred as taxes due.’’. certain fines, penalties, and the amount of the expenses which are includ- (b) REPORTING OF DEDUCTIBLE AMOUNTS.— other amounts.’’. ible in the gross income’’. (1) IN GENERAL.—Subpart B of part III of (c) EFFECTIVE DATE.—The amendments (c) EFFECTIVE DATE.—The amendments subchapter A of chapter 61 is amended by in- made by this section shall apply to amounts made by this section shall apply to expenses serting after section 6050T the following new paid or incurred on or after the date of the incurred after the date of the enactment of section: enactment of this Act, except that such this Act. ‘‘SEC. 6050U. INFORMATION WITH RESPECT TO amendments shall not apply to amounts paid SEC. 8118. IMPOSITION OF MARK-TO-MARKET TAX CERTAIN FINES, PENALTIES, AND or incurred under any binding order or agree- ON INDIVIDUALS WHO EXPATRIATE. OTHER AMOUNTS. ment entered into before such date. Such ex- (a) IN GENERAL.—Subpart A of part II of ‘‘(a) REQUIREMENT OF REPORTING.— ception shall not apply to an order or agree- subchapter N of chapter 1 is amended by in- ‘‘(1) IN GENERAL.—The appropriate official ment requiring court approval unless the ap- serting after section 877 the following new of any government or entity which is de- proval was obtained before such date. section:

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TAX RESPONSIBILITIES OF EXPATRIA- subsection (a), the payment of the additional ‘‘(B)(i) the individual’s relinquishment of TION. tax attributable to such property shall be United States citizenship occurs before such ‘‘(a) GENERAL RULES.—For purposes of this postponed until the due date of the return individual attains age 181⁄2, and subtitle— for the taxable year in which such property ‘‘(ii) the individual has been a resident of ‘‘(1) MARK TO MARKET.—Except as provided is disposed of (or, in the case of property dis- the United States (as so defined) for not in subsections (d) and (f), all property of a posed of in a transaction in which gain is not more than 5 taxable years before the date of covered expatriate to whom this section ap- recognized in whole or in part, until such relinquishment. plies shall be treated as sold on the day be- other date as the Secretary may prescribe). ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR fore the expatriation date for its fair market ‘‘(2) DETERMINATION OF TAX WITH RESPECT PENSION PLANS.— value. TO PROPERTY.—For purposes of paragraph (1), ‘‘(1) EXEMPT PROPERTY.—This section shall ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the the additional tax attributable to any prop- not apply to the following: case of any sale under paragraph (1)— erty is an amount which bears the same ‘‘(A) UNITED STATES REAL PROPERTY INTER- ‘‘(A) notwithstanding any other provision ratio to the additional tax imposed by this ESTS.—Any United States real property in- of this title, any gain arising from such sale chapter for the taxable year solely by reason terest (as defined in section 897(c)(1)), other shall be taken into account for the taxable than stock of a United States real property of subsection (a) as the gain taken into ac- year of the sale, and holding corporation which does not, on the count under subsection (a) with respect to ‘‘(B) any loss arising from such sale shall day before the expatriation date, meet the such property bears to the total gain taken be taken into account for the taxable year of requirements of section 897(c)(2). into account under subsection (a) with re- the sale to the extent otherwise provided by ‘‘(B) SPECIFIED PROPERTY.—Any property spect to all property to which subsection (a) this title, except that section 1091 shall not or interest in property not described in sub- apply to any such loss. applies. paragraph (A) which the Secretary specifies ‘‘(3) TERMINATION OF POSTPONEMENT.—No Proper adjustment shall be made in the in regulations. tax may be postponed under this subsection amount of any gain or loss subsequently re- ‘‘(2) SPECIAL RULES FOR CERTAIN RETIRE- later than the due date for the return of tax alized for gain or loss taken into account MENT PLANS.— imposed by this chapter for the taxable year under the preceding sentence. ‘‘(A) IN GENERAL.—If a covered expatriate which includes the date of death of the expa- ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— holds on the day before the expatriation date triate (or, if earlier, the time that the secu- ‘‘(A) IN GENERAL.—The amount which, but any interest in a retirement plan to which for this paragraph, would be includible in the rity provided with respect to the property this paragraph applies— gross income of any individual by reason of fails to meet the requirements of paragraph ‘‘(i) such interest shall not be treated as this section shall be reduced (but not below (4), unless the taxpayer corrects such failure sold for purposes of subsection (a)(1), but zero) by $600,000. For purposes of this para- within the time specified by the Secretary). ‘‘(ii) an amount equal to the present value graph, allocable expatriation gain taken into ‘‘(4) SECURITY.— of the expatriate’s nonforfeitable accrued account under subsection (f)(2) shall be ‘‘(A) IN GENERAL.—No election may be benefit shall be treated as having been re- treated in the same manner as an amount re- made under paragraph (1) with respect to ceived by such individual on such date as a quired to be includible in gross income. any property unless adequate security is pro- distribution under the plan. ‘‘(B) COST-OF-LIVING ADJUSTMENT.— vided to the Secretary with respect to such ‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- ‘‘(i) IN GENERAL.—In the case of an expa- property. TIONS.—In the case of any distribution on or triation date occurring in any calendar year ‘‘(B) ADEQUATE SECURITY.—For purposes of after the expatriation date to or on behalf of after 2005, the $600,000 amount under sub- subparagraph (A), security with respect to the covered expatriate from a plan from paragraph (A) shall be increased by an any property shall be treated as adequate se- which the expatriate was treated as receiv- amount equal to— curity if— ing a distribution under subparagraph (A), ‘‘(I) such dollar amount, multiplied by ‘‘(i) it is a bond in an amount equal to the the amount otherwise includible in gross in- ‘‘(II) the cost-of-living adjustment deter- deferred tax amount under paragraph (2) for come by reason of the subsequent distribu- mined under section 1(f)(3) for such calendar the property, or tion shall be reduced by the excess of the year, determined by substituting ‘calendar ‘‘(ii) the taxpayer otherwise establishes to amount includible in gross income under year 2004’ for ‘calendar year 1992’ in subpara- the satisfaction of the Secretary that the se- subparagraph (A) over any portion of such graph (B) thereof. curity is adequate. amount to which this subparagraph pre- ‘‘(ii) ROUNDING RULES.—If any amount after ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- viously applied. adjustment under clause (i) is not a multiple tion may be made under paragraph (1) unless ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- of $1,000, such amount shall be rounded to the taxpayer consents to the waiver of any TIONS BY PLAN.—For purposes of this title, a the next lower multiple of $1,000. right under any treaty of the United States retirement plan to which this paragraph ap- ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS which would preclude assessment or collec- plies, and any person acting on the plan’s be- UNITED STATES CITIZEN.— tion of any tax imposed by reason of this sec- half, shall treat any subsequent distribution ‘‘(A) IN GENERAL.—If a covered expatriate tion. described in subparagraph (B) in the same elects the application of this paragraph— ‘‘(6) ELECTIONS.—An election under para- manner as such distribution would be treat- ‘‘(i) this section (other than this paragraph graph (1) shall only apply to property de- ed without regard to this paragraph. and subsection (i)) shall not apply to the ex- scribed in the election and, once made, is ir- ‘‘(D) APPLICABLE PLANS.—This paragraph patriate, but revocable. An election may be made under shall apply to— ‘‘(ii) in the case of property to which this paragraph (1) with respect to an interest in a ‘‘(i) any qualified retirement plan (as de- section would apply but for such election, trust with respect to which gain is required fined in section 4974(c)), the expatriate shall be subject to tax under to be recognized under subsection (f)(1). ‘‘(ii) an eligible deferred compensation this title in the same manner as if the indi- plan (as defined in section 457(b)) of an eligi- ‘‘(7) INTEREST.—For purposes of section vidual were a United States citizen. 6601— ble employer described in section ‘‘(B) REQUIREMENTS.—Subparagraph (A) ‘‘(A) the last date for the payment of tax 457(e)(1)(A), and shall not apply to an individual unless the shall be determined without regard to the ‘‘(iii) to the extent provided in regulations, individual— election under this subsection, and any foreign pension plan or similar retire- ‘‘(i) provides security for payment of tax in ‘‘(B) section 6621(a)(2) shall be applied by ment arrangements or programs. ‘‘(e) DEFINITIONS.—For purposes of this sec- such form and manner, and in such amount, substituting ‘5 percentage points’ for ‘3 per- tion— as the Secretary may require, centage points’ in subparagraph (B) thereof. ‘‘(ii) consents to the waiver of any right of ‘‘(1) EXPATRIATE.—The term ‘expatriate’ the individual under any treaty of the ‘‘(c) COVERED EXPATRIATE.—For purposes means— United States which would preclude assess- of this section— ‘‘(A) any United States citizen who relin- ment or collection of any tax which may be ‘‘(1) IN GENERAL.—Except as provided in quishes citizenship, and imposed by reason of this paragraph, and paragraph (2), the term ‘covered expatriate’ ‘‘(B) any long-term resident of the United ‘‘(iii) complies with such other require- means an expatriate. States who— ments as the Secretary may prescribe. ‘‘(2) EXCEPTIONS.—An individual shall not ‘‘(i) ceases to be a lawful permanent resi- ‘‘(C) ELECTION.—An election under sub- be treated as a covered expatriate if— dent of the United States (within the mean- paragraph (A) shall apply to all property to ‘‘(A) the individual— ing of section 7701(b)(6)), or which this section would apply but for the ‘‘(i) became at birth a citizen of the United ‘‘(ii) commences to be treated as a resident election and, once made, shall be irrev- States and a citizen of another country and, of a foreign country under the provisions of ocable. Such election shall also apply to as of the expatriation date, continues to be a a tax treaty between the United States and property the basis of which is determined in citizen of, and is taxed as a resident of, such the foreign country and who does not waive whole or in part by reference to the property other country, and the benefits of such treaty applicable to resi- with respect to which the election was made. ‘‘(ii) has not been a resident of the United dents of the foreign country. ‘‘(b) ELECTION TO DEFER TAX.— States (as defined in section 7701(b)(1)(A)(ii)) ‘‘(2) EXPATRIATION DATE.—The term ‘expa- ‘‘(1) IN GENERAL.—If the taxpayer elects the during the 5 taxable years ending with the triation date’ means— application of this subsection with respect to taxable year during which the expatriation ‘‘(A) the date an individual relinquishes any property treated as sold by reason of date occurs, or United States citizenship, or

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‘‘(B) in the case of a long-term resident of under subparagraph (C)(ii) after the 30th day ‘‘(ii) VESTED INTEREST.—The term ‘vested the United States, the date of the event de- preceding the distribution. interest’ means any interest which, as of the scribed in clause (i) or (ii) of paragraph ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes day before the expatriation date, is vested in (1)(B). of subparagraph (B)(ii)— the beneficiary. ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A ‘‘(i) OPENING BALANCE.—The opening bal- ‘‘(iii) NONVESTED INTEREST.—The term citizen shall be treated as relinquishing ance in a deferred tax account with respect ‘nonvested interest’ means, with respect to United States citizenship on the earliest of— to any trust interest is an amount equal to any beneficiary, any interest in a trust ‘‘(A) the date the individual renounces the tax which would have been imposed on which is not a vested interest. Such interest such individual’s United States nationality the allocable expatriation gain with respect shall be determined by assuming the max- before a diplomatic or consular officer of the to the trust interest if such gain had been in- imum exercise of discretion in favor of the United States pursuant to paragraph (5) of cluded in gross income under subsection (a). beneficiary and the occurrence of all contin- section 349(a) of the Immigration and Na- ‘‘(ii) INCREASE FOR INTEREST.—The balance gencies in favor of the beneficiary. tionality Act (8 U.S.C. 1481(a)(5)), in the deferred tax account shall be in- ‘‘(iv) ADJUSTMENTS.—The Secretary may ‘‘(B) the date the individual furnishes to creased by the amount of interest deter- provide for such adjustments to the bases of the United States Department of State a mined (on the balance in the account at the assets in a trust or a deferred tax account, signed statement of voluntary relinquish- time the interest accrues), for periods after and the timing of such adjustments, in order ment of United States nationality con- the 90th day after the expatriation date, by to ensure that gain is taxed only once. firming the performance of an act of expa- using the rates and method applicable under ‘‘(v) COORDINATION WITH RETIREMENT PLAN triation specified in paragraph (1), (2), (3), or section 6621 for underpayments of tax for RULES.—This subsection shall not apply to (4) of section 349(a) of the Immigration and such periods, except that section 6621(a)(2) an interest in a trust which is part of a re- Nationality Act (8 U.S.C. 1481(a)(1)–(4)), shall be applied by substituting ‘5 percentage tirement plan to which subsection (d)(2) ap- ‘‘(C) the date the United States Depart- points’ for ‘3 percentage points’ in subpara- plies. ment of State issues to the individual a cer- graph (B) thereof. ‘‘(3) DETERMINATION OF BENEFICIARIES’ IN- tificate of loss of nationality, or ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY TEREST IN TRUST.— ‘‘(D) the date a court of the United States PAID.—The balance in the tax deferred ac- ‘‘(A) DETERMINATIONS UNDER PARAGRAPH cancels a naturalized citizen’s certificate of count shall be reduced— (1).—For purposes of paragraph (1), a bene- naturalization. ‘‘(I) by the amount of taxes imposed by ficiary’s interest in a trust shall be based subparagraph (A) on any distribution to the upon all relevant facts and circumstances, Subparagraph (A) or (B) shall not apply to person holding the trust interest, and including the terms of the trust instrument any individual unless the renunciation or ‘‘(II) in the case of a person holding a non- and any letter of wishes or similar docu- voluntary relinquishment is subsequently vested interest, to the extent provided in ment, historical patterns of trust distribu- approved by the issuance to the individual of regulations, by the amount of taxes imposed tions, and the existence of and functions per- a certificate of loss of nationality by the by subparagraph (A) on distributions from formed by a trust protector or any similar United States Department of State. the trust with respect to nonvested interests adviser. ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- not held by such person. ‘‘(B) OTHER DETERMINATIONS.—For purposes term resident’ has the meaning given to such ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For of this section— term by section 877(e)(2). purposes of this paragraph, the allocable ex- ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- patriation gain with respect to any bene- ficiary of a trust is a corporation, partner- FICIARIES’ INTERESTS IN TRUST.— ficiary’s interest in a trust is the amount of ship, trust, or estate, the shareholders, part- ‘‘(1) IN GENERAL.—Except as provided in gain which would be allocable to such bene- ners, or beneficiaries shall be deemed to be paragraph (2), if an individual is determined ficiary’s vested and nonvested interests in the trust beneficiaries for purposes of this under paragraph (3) to hold an interest in a the trust if the beneficiary held directly all section. trust on the day before the expatriation assets allocable to such interests. ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- date— ‘‘(E) TAX DEDUCTED AND WITHHELD.— payer shall clearly indicate on its income ‘‘(A) the individual shall not be treated as ‘‘(i) IN GENERAL.—The tax imposed by sub- tax return— having sold such interest, paragraph (A)(ii) shall be deducted and with- ‘‘(I) the methodology used to determine ‘‘(B) such interest shall be treated as a sep- held by the trustees from the distribution to that taxpayer’s trust interest under this sec- arate share in the trust, and which it relates. tion, and ‘‘(C)(i) such separate share shall be treated ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE ‘‘(II) if the taxpayer knows (or has reason as a separate trust consisting of the assets TREATY RIGHTS.—If an amount may not be to know) that any other beneficiary of such allocable to such share, deducted and withheld under clause (i) by trust is using a different methodology to de- ‘‘(ii) the separate trust shall be treated as reason of the distributee failing to waive any termine such beneficiary’s trust interest having sold its assets on the day before the treaty right with respect to such distribu- under this section. expatriation date for their fair market value tion— ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In and as having distributed all of its assets to ‘‘(I) the tax imposed by subparagraph the case of any covered expatriate, notwith- the individual as of such time, and (A)(ii) shall be imposed on the trust and each standing any other provision of this title— ‘‘(iii) the individual shall be treated as trustee shall be personally liable for the ‘‘(1) any period during which recognition of having recontributed the assets to the sepa- amount of such tax, and income or gain is deferred shall terminate on rate trust. ‘‘(II) any other beneficiary of the trust the day before the expatriation date, and Subsection (a)(2) shall apply to any income, shall be entitled to recover from the dis- ‘‘(2) any extension of time for payment of gain, or loss of the individual arising from a tributee the amount of such tax imposed on tax shall cease to apply on the day before the distribution described in subparagraph the other beneficiary. expatriation date and the unpaid portion of (C)(ii). In determining the amount of such ‘‘(F) DISPOSITION.—If a trust ceases to be a such tax shall be due and payable at the time distribution, proper adjustments shall be qualified trust at any time, a covered expa- and in the manner prescribed by the Sec- made for liabilities of the trust allocable to triate disposes of an interest in a qualified retary. an individual’s share in the trust. trust, or a covered expatriate holding an in- ‘‘(h) IMPOSITION OF TENTATIVE TAX.— ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- terest in a qualified trust dies, then, in lieu ‘‘(1) IN GENERAL.—If an individual is re- FIED TRUSTS.— of the tax imposed by subparagraph (A)(ii), quired to include any amount in gross in- ‘‘(A) IN GENERAL.—If the trust interest de- there is hereby imposed a tax equal to the come under subsection (a) for any taxable scribed in paragraph (1) is an interest in a lesser of— year, there is hereby imposed, immediately qualified trust— ‘‘(i) the tax determined under paragraph (1) before the expatriation date, a tax in an ‘‘(i) paragraph (1) and subsection (a) shall as if the day before the expatriation date amount equal to the amount of tax which not apply, and were the date of such cessation, disposition, would be imposed if the taxable year were a ‘‘(ii) in addition to any other tax imposed or death, whichever is applicable, or short taxable year ending on the expatria- by this title, there is hereby imposed on each ‘‘(ii) the balance in the tax deferred ac- tion date. distribution with respect to such interest a count immediately before such date. ‘‘(2) DUE DATE.—The due date for any tax tax in the amount determined under sub- Such tax shall be imposed on the trust and imposed by paragraph (1) shall be the 90th paragraph (B). each trustee shall be personally liable for the day after the expatriation date. ‘‘(B) AMOUNT OF TAX.—The amount of tax amount of such tax and any other bene- ‘‘(3) TREATMENT OF TAX.—Any tax paid under subparagraph (A)(ii) shall be equal to ficiary of the trust shall be entitled to re- under paragraph (1) shall be treated as a pay- the lesser of— cover from the covered expatriate or the es- ment of the tax imposed by this chapter for ‘‘(i) the highest rate of tax imposed by sec- tate the amount of such tax imposed on the the taxable year to which subsection (a) ap- tion 1(e) for the taxable year which includes other beneficiary. plies. the day before the expatriation date, multi- ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For ‘‘(4) DEFERRAL OF TAX.—The provisions of plied by the amount of the distribution, or purposes of this paragraph— subsection (b) shall apply to the tax imposed ‘‘(ii) the balance in the deferred tax ac- ‘‘(i) QUALIFIED TRUST.—The term ‘qualified by this subsection to the extent attributable count immediately before the distribution trust’ means a trust which is described in to gain includible in gross income by reason determined without regard to any increases section 7701(a)(30)(E). of this section.

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‘‘(i) SPECIAL LIENS FOR DEFERRED TAX ‘‘(B) DUAL CITIZENS.—Under regulations (2) GIFTS AND BEQUESTS.—Section 102(d) of AMOUNTS.— prescribed by the Secretary, subparagraph the Internal Revenue Code of 1986 (as added ‘‘(1) IMPOSITION OF LIEN.— (A) shall not apply to an individual who be- by subsection (b)) shall apply to gifts and be- ‘‘(A) IN GENERAL.—If a covered expatriate came at birth a citizen of the United States quests received on or after the date of the makes an election under subsection (a)(4) or and a citizen of another country.’’. enactment of this Act, from an individual or (b) which results in the deferral of any tax (d) INELIGIBILITY FOR VISA OR ADMISSION TO the estate of an individual whose expatria- imposed by reason of subsection (a), the de- UNITED STATES.— tion date (as so defined) occurs after such ferred amount (including any interest, addi- (1) IN GENERAL.—Section 212(a)(10)(E) of the date. tional amount, addition to tax, assessable Immigration and Nationality Act (8 U.S.C. (3) DUE DATE FOR TENTATIVE TAX.—The due penalty, and costs attributable to the de- 1182(a)(10)(E)) is amended to read as follows: date under section 877A(h)(2) of the Internal ferred amount) shall be a lien in favor of the ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE Revenue Code of 1986, as added by this sec- United States on all property of the expa- WITH EXPATRIATION REVENUE PROVISIONS.— tion, shall in no event occur before the 90th triate located in the United States (without Any alien who is a former citizen of the day after the date of the enactment of this regard to whether this section applies to the United States who relinquishes United Act. property). States citizenship (within the meaning of section 877A(e)(3) of the Internal Revenue SEC. 8119. TAX TREATMENT OF CONTROLLED ‘‘(B) DEFERRED AMOUNT.—For purposes of FOREIGN CORPORATIONS ESTAB- this subsection, the deferred amount is the Code of 1986) and who is not in compliance LISHED IN TAX HAVENS. with section 877A of such Code (relating to amount of the increase in the covered expa- (a) IN GENERAL.—Subchapter C of chapter expatriation).’’. triate’s income tax which, but for the elec- 80 (relating to provisions affecting more than (2) AVAILABILITY OF INFORMATION.— tion under subsection (a)(4) or (b), would one subtitle) is amended by adding at the (A) IN GENERAL.—Section 6103(l) (relating have occurred by reason of this section for end the following new section: the taxable year including the expatriation to disclosure of returns and return informa- ‘‘SEC. 7875. CONTROLLED FOREIGN CORPORA- date. tion for purposes other than tax administra- tion) is amended by adding at the end the TIONS IN TAX HAVENS TREATED AS ‘‘(2) PERIOD OF LIEN.—The lien imposed by DOMESTIC CORPORATIONS. this subsection shall arise on the expatria- following new paragraph: ‘‘(a) GENERAL RULE.—If a controlled for- tion date and continue until— ‘‘(21) DISCLOSURE TO DENY VISA OR ADMIS- SION TO CERTAIN EXPATRIATES.—Upon written eign corporation is a tax-haven CFC, then, ‘‘(A) the liability for tax by reason of this notwithstanding section 7701(a)(4), such cor- section is satisfied or has become unenforce- request of the Attorney General or the At- torney General’s delegate, the Secretary poration shall be treated for purposes of this able by reason of lapse of time, or title as a domestic corporation. ‘‘(B) it is established to the satisfaction of shall disclose whether an individual is in ‘‘(b) TAX-HAVEN CFC.—For purposes of this the Secretary that no further tax liability compliance with section 877A (and if not in section— may arise by reason of this section. compliance, any items of noncompliance) to officers and employees of the Federal agency ‘‘(1) IN GENERAL.—The term ‘tax-haven ‘‘(3) CERTAIN RULES APPLY.—The rules set CFC’ means, with respect to any taxable forth in paragraphs (1), (3), and (4) of section responsible for administering section year, a foreign corporation which— 6324A(d) shall apply with respect to the lien 212(a)(10)(E) of the Immigration and Nation- ‘‘(A) was created or organized under the imposed by this subsection as if it were a ality Act solely for the purpose of, and to the laws of a tax-haven country, and lien imposed by section 6324A. extent necessary in, administering such sec- tion 212(a)(10)(E).’’. ‘‘(B) is a controlled foreign corporation ‘‘(j) REGULATIONS.—The Secretary shall (B) SAFEGUARDS.—Section 6103(p)(4) (relat- (determined without regard to this section) prescribe such regulations as may be nec- ing to safeguards) is amended by striking ‘‘or for an uninterrupted period of 30 days or essary or appropriate to carry out the pur- (20)’’ each place it appears and inserting more during the taxable year. poses of this section.’’. ‘‘(20), or (21)’’. ‘‘(2) EXCEPTION.—The term ‘tax-haven CFC’ (b) INCLUSION IN INCOME OF GIFTS AND BE- (3) EFFECTIVE DATES.—The amendments does not include a foreign corporation for QUESTS RECEIVED BY UNITED STATES CITIZENS made by this subsection shall apply to indi- any taxable year if substantially all of its in- AND RESIDENTS FROM EXPATRIATES.—Section viduals who relinquish United States citizen- come for the taxable year is derived from the 102 (relating to gifts, etc. not included in ship on or after the date of the enactment of active conduct of trades or businesses within gross income) is amended by adding at the this Act. the country under the laws of which the cor- end the following new subsection: (e) CONFORMING AMENDMENTS.— poration was created or organized. ‘‘(d) GIFTS AND INHERITANCES FROM COV- (1) Section 877 is amended by adding at the ‘‘(c) TAX-HAVEN COUNTRY.—For purposes of ERED EXPATRIATES.— end the following new subsection: this section— ‘‘(1) IN GENERAL.—Subsection (a) shall not ‘‘(h) APPLICATION.—This section shall not ‘‘(1) IN GENERAL.—The term ‘tax-haven exclude from gross income the value of any apply to an expatriate (as defined in section country’ means any of the following: property acquired by gift, bequest, devise, or 877A(e)) whose expatriation date (as so de- inheritance from a covered expatriate after fined) occurs on or after the date of the en- ‘‘Andorra Gibraltar Netherlands the expatriation date. For purposes of this actment of this subsection.’’. Anguilla Grenada Antilles subsection, any term used in this subsection (2) Section 2107 is amended by adding at Antigua and Guernsey Niue which is also used in section 877A shall have Barbuda Isle of Man Panama the end the following new subsection: Aruba Jersey Samoa the same meaning as when used in section ‘‘(f) APPLICATION.—This section shall not Commonwealth Liberia San Marino 877A. apply to any expatriate subject to section of the Principality of Federation of ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE 877A.’’. Bahamas Liechtenstein Saint SUBJECT TO ESTATE OR GIFT TAX.—Paragraph (3) Section 2501(a)(3) is amended by adding Bahrain Republic of the Christopher (1) shall not apply to any property if either— at the end the following new subparagraph: Barbados Maldives and Nevis ‘‘(A) the gift, bequest, devise, or inherit- ‘‘(C) APPLICATION.—This paragraph shall Belize Malta Saint Lucia ance is— not apply to any expatriate subject to sec- Bermuda Republic of the Saint Vincent British Virgin Marshall and the ‘‘(i) shown on a timely filed return of tax tion 877A.’’. Islands Islands Grenadines imposed by chapter 12 as a taxable gift by (4) Section 6039G(a) is amended by insert- Cayman Islands Mauritius Republic of the the covered expatriate, or ing ‘‘or 877A’’ after ‘‘section 877(b)’’. Cook Islands Principality of Seychelles ‘‘(ii) included in the gross estate of the (5) The second sentence of section 6039G(d) Cyprus Monaco Tonga covered expatriate for purposes of chapter 11 is amended by inserting ‘‘or who relinquishes Commonwealth Montserrat Turks and Caicos and shown on a timely filed return of tax im- United States citizenship (within the mean- of the Republic of Republic of posed by chapter 11 of the estate of the cov- ing of section 877A(e)(3))’’ after ‘‘section Dominica Nauru Vanuatu ered expatriate, or 877(a))’’. ‘‘(2) SECRETARIAL AUTHORITY.—The Sec- ‘‘(B) no such return was timely filed but no (f) CLERICAL AMENDMENT.—The table of retary may remove or add a foreign jurisdic- sections for subpart A of part II of sub- such return would have been required to be tion from the list of tax-haven countries chapter N of chapter 1 is amended by insert- filed even if the covered expatriate were a under paragraph (1) if the Secretary deter- ing after the item relating to section 877 the citizen or long-term resident of the United mines such removal or addition is consistent following new item: States.’’. with the purposes of this section.’’. ‘‘Sec. 877A. Tax responsibilities of expatria- (c) DEFINITION OF TERMINATION OF UNITED (b) CONFORMING AMENDMENT.—The table of tion.’’. STATES CITIZENSHIP.—Section 7701(a) is sections for subchapter C of chapter 80 is amended by adding at the end the following (g) EFFECTIVE DATE.— amended by adding at the end the following new paragraph: (1) IN GENERAL.—Except as provided in this new item: ‘‘(49) TERMINATION OF UNITED STATES CITI- subsection, the amendments made by this ZENSHIP.— section shall apply to expatriates (within the ‘‘Sec. 7875. Controlled foreign corporations ‘‘(A) IN GENERAL.—An individual shall not meaning of section 877A(e) of the Internal in tax havens treated as domes- cease to be treated as a United States citizen Revenue Code of 1986, as added by this sec- tic corporations.’’. before the date on which the individual’s tion) whose expatriation date (as so defined) (c) EFFECTIVE DATE.—The amendments citizenship is treated as relinquished under occurs on or after the date of the enactment made by this section shall apply to taxable section 877A(e)(3). of this Act. years beginning after December 31, 2007.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3749 SEC. 8120. MODIFICATION OF EXCLUSION FOR ‘‘(ii) the amount excluded under subsection with the taxable year preceding the com- CITIZENS LIVING ABROAD. (a) for the taxable year, over putation year. For purposes of this subpara- (a) INFLATION ADJUSTMENT OF FOREIGN ‘‘(B) the sum of— graph, the term ‘computation year’ means EARNED INCOME LIMITATION.—Clause (ii) of ‘‘(i) the amount which would be the ten- any taxable year of the participant for which section 911(b)(2)(D) (relating to inflation ad- tative minimum tax under section 55 for the the limitation under paragraph (1) is being justment) is amended— taxable year if the taxpayer’s alternative determined.’’. (1) by striking ‘‘2007’’ and inserting ‘‘2005’’, minimum taxable income were equal to the (b) CONFORMING AMENDMENTS.—Sections and amount excluded under subsection (a) for the 6041(g)(1) and 6051(a)(13) are each amended by (2) by striking ‘‘2006’’ in subclause (II) and taxable year, plus striking ‘‘409A(d)’’ and inserting ‘‘409A(e)’’. inserting ‘‘2004’’. ‘‘(ii) the amount which would be the reg- (c) EFFECTIVE DATE.—The amendments (b) MODIFICATION OF HOUSING COST ular tax for the taxable year if the tax im- made by this section shall apply to taxable AMOUNT.— posed by section 1 were the tax computed years beginning after December 31, 2005, ex- (1) MINIMUM AMOUNT.—Clause (i) of section under paragraph (1). cept that taxable years beginning on or be- 911(c)(1)(B) is amended to read as follows: fore such date shall be taken into account in For purposes of this subsection, the amount ‘‘(i) 16 percent of the amount (computed on determining the average annual compensa- a daily basis) in effect under subsection excluded under subsection (a) shall be re- tion of a participant during any base period (b)(2)(D) for the calendar year in which such duced by the aggregate amount of any deduc- for purposes of section 409A(c)(2) of the Inter- taxable year begins, multiplied by’’. tions or exclusions disallowed under sub- nal Revenue Code of 1986 (as added by such (2) MAXIMUM AMOUNT OF EXCLUSION.— section (d)(6) with respect to such excluded amendments). amount.’’. (A) IN GENERAL.—Subparagraph (A) of sec- SEC. 8122. INCREASE IN AGE OF MINOR CHIL- tion 911(c)(1) is amended by inserting ‘‘to the (d) EFFECTIVE DATE.—The amendments DREN WHOSE UNEARNED INCOME IS extent such expenses do not exceed the made by this section shall apply to taxable TAXED AS IF PARENT’S INCOME. amount determined under paragraph (2)’’ years beginning after December 31, 2005. (a) IN GENERAL.—Section 1(g)(2)(A) (relat- after ‘‘the taxable year’’. SEC. 8121. LIMITATION ON ANNUAL AMOUNTS ing to child to whom subsection applies) is (B) LIMITATION.—Subsection (c) of section WHICH MAY BE DEFERRED UNDER amended by striking ‘‘age 14’’ and inserting 911 is amended by redesignating paragraphs NONQUALIFIED DEFERRED COM- ‘‘age 18’’. PENSATION ARRANGEMENTS. (2) and (3) as paragraphs (3) and (4), respec- (b) TREATMENT OF DISTRIBUTIONS FROM (a) IN GENERAL.—Section 409A (relating to tively, and by inserting after paragraph (1) QUALIFIED DISABILITY TRUSTS.—Section inclusion of gross income under nonqualified the following new paragraph: 1(g)(4) (relating to net unearned income) is deferred compensation plans) is amended by ‘‘(2) LIMITATION.—The amount determined amended by adding at the end the following redesignating subsections (c), (d), and (e) as under this paragraph is an amount equal to new subparagraph: the product of— subsections (d), (e), and (f), respectively, and ‘‘(C) TREATMENT OF DISTRIBUTIONS FROM ‘‘(A) 30 percent of the amount (computed by inserting after subsection (b) the fol- QUALIFIED DISABILITY TRUSTS.—For purposes on a daily basis) in effect under subsection lowing new subsection: of this subsection, in the case of any child ‘‘(c) ANNUAL LIMITATION ON AGGREGATE DE- (b)(2)(D) for the calendar year in which the who is a beneficiary of a qualified disability FERRED AMOUNTS.— taxable year of the individual begins, multi- trust (as defined in section 642(b)(2)(C)(ii)), ‘‘(1) LIMITATION.—If the aggregate amount plied by any amount included in the income of such of compensation which— ‘‘(B) the number of days of such taxable child under sections 652 and 662 during a tax- year within the applicable period described ‘‘(A) is deferred for any taxable year with able year shall be considered earned income in subparagraph (A) or (B) of subsection respect to a participant under 1 or more non- of such child for such taxable year.’’. (d)(1).’’. qualified deferred compensation plans main- (c) EFFECTIVE DATE.—The amendments tained by the same employer, and (C) CONFORMING AMENDMENTS.— made by this section shall apply to taxable (i) Section 911(d)(4) is amended by striking ‘‘(B) is not otherwise includible in gross in- years beginning after December 31, 2005. ‘‘and (c)(1)(B)(ii)’’ and inserting ‘‘, come of the participant for the taxable year, SEC. 8123. TAXATION OF INCOME OF CON- (c)(1)(B)(ii), and (c)(2)(B)’’ exceeds the applicable dollar amount for the TROLLED FOREIGN CORPORATIONS (ii) Section 911(d)(7) is amended by striking taxable year, then such excess shall be in- ATTRIBUTABLE TO IMPORTED PROP- ERTY. ‘‘subsection (c)(3)’’ and inserting ‘‘subsection cluded in the participant’s gross income for (a) GENERAL RULE.—Subsection (a) of sec- (c)(4)’’. the taxable year. tion 954 (defining foreign base company in- (c) RATES OF TAX APPLICABLE TO NON- ‘‘(2) INCLUSION OF EARNINGS.—If— come) is amended by striking ‘‘and’’ at the EXCLUDED INCOME.—Section 911 (relating to ‘‘(A) an amount is includible under para- end of paragraph (4), by striking the period exclusion of certain income of citizens and graph (1) in the gross income of a participant at the end of paragraph (5) and inserting ‘‘, residents of the United States living abroad) for any taxable year, and and’’, and by adding at the end the following is amended by redesignating subsection (f) as ‘‘(B) any portion of any assets set aside in new paragraph: subsection (g) and by inserting after sub- a trust or other arrangement under a non- ‘‘(6) imported property income for the tax- section (e) the following new subsection: qualified deferred compensation plan are able year (determined under subsection (j) ‘‘(f) DETERMINATION OF TAX LIABILITY ON properly allocable to such amount, NONEXCLUDED AMOUNTS.—If any amount is and reduced as provided in subsection excluded from the gross income of a taxpayer then any increase in value in, or earnings (b)(5)).’’. under subsection (a) for any taxable year, with respect to, such portion for the taxable (b) DEFINITION OF IMPORTED PROPERTY IN- then, notwithstanding section 1 or 55— year or any succeeding taxable year shall be COME.—Section 954 is amended by adding at ‘‘(1) the tax imposed by section 1 on the included in gross income of the participant the end the following new subsection: taxpayer for such taxable year shall be equal for such taxable year or succeeding taxable ‘‘(j) IMPORTED PROPERTY INCOME.— to the excess (if any) of— year. ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(A) the tax which would be imposed by ‘‘(3) APPLICABLE DOLLAR AMOUNT.—For pur- section (a)(6), the term ‘imported property section 1 for the taxable year if the tax- poses of this subsection— income’ means income (whether in the form payer’s taxable income were equal to the ‘‘(A) IN GENERAL.—The term ‘applicable of profits, commissions, fees, or otherwise) sum of— dollar amount’ means, with respect to any derived in connection with— ‘‘(i) the taxpayer’s taxable income for the participant, the lesser of— ‘‘(A) manufacturing, producing, growing, taxable year (determined without regard to ‘‘(i) the average annual compensation or extracting imported property; this subsection), plus which— ‘‘(B) the sale, exchange, or other disposi- ‘‘(ii) the amount excluded under subsection ‘‘(I) was payable during the base period to tion of imported property; or (a) for the taxable year, over the participant by the employer described in ‘‘(C) the lease, rental, or licensing of im- ‘‘(B) the tax which would be imposed by paragraph (1)(A), and ported property. section 1 for the taxable year if the tax- ‘‘(II) was includible in the participant’s Such term shall not include any foreign oil payer’s taxable income were equal to the gross income for taxable years in the base and gas extraction income (within the mean- amount excluded under subsection (a) for the period, or ing of section 907(c)) or any foreign oil re- taxable year, and ‘‘(ii) $1,000,000. lated income (within the meaning of section ‘‘(2) the tax imposed by section 55 for such ‘‘(B) BASE PERIOD.—The term ‘base period’ 907(c)). taxable year shall be equal to the excess (if means, with respect to any computation ‘‘(2) IMPORTED PROPERTY.—For purposes of any) of— year, the 5-taxable year period ending with this subsection— ‘‘(A) the amount which would be the ten- the taxable year preceding the taxable year ‘‘(A) IN GENERAL.—Except as otherwise pro- tative minimum tax under section 55 for the in which the election described in subsection vided in this paragraph, the term ‘imported taxable year if the taxpayer’s alternative (a)(4)(B) is made by the participant to have property’ means property which is imported minimum taxable income were equal to the compensation for services performed in the into the United States by the controlled for- sum of— computation year deferred under a non- eign corporation or a related person. ‘‘(i) the taxpayer’s alternative minimum qualified deferred compensation plan, except ‘‘(B) IMPORTED PROPERTY INCLUDES CERTAIN taxable income for the taxable year (deter- that if the election is made after the begin- PROPERTY IMPORTED BY UNRELATED PER- mined without regard to this subsection), ning of the computation year, such period SONS.—The term ‘imported property’ in- plus shall be the 5-taxable year period ending cludes any property imported into the

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United States by an unrelated person if, paragraph (A) the following new subpara- ‘‘(m) SPECIAL RULES RELATING TO DUAL when such property was sold to the unrelated graph: CAPACITY TAXPAYERS.— person by the controlled foreign corporation ‘‘(B) imported property income, and’’. ‘‘(1) GENERAL RULE.—Notwithstanding any (or a related person), it was reasonable to ex- (B) IMPORTED PROPERTY INCOME DEFINED.— other provision of this chapter, any amount pect that— Paragraph (2) of section 904(d), as so in ef- paid or accrued by a dual capacity taxpayer ‘‘(i) such property would be imported into fect, is amended by redesignating subpara- to a foreign country or possession of the the United States; or graphs (J) and (K) as subparagraphs (K) and United States for any period shall not be ‘‘(ii) such property would be used as a com- (L), respectively, and by inserting after sub- considered a tax— ponent in other property which would be im- paragraph (I) the following new subpara- ‘‘(A) if, for such period, the foreign country ported into the United States. graph: or possession does not impose a generally ap- ‘‘(C) EXCEPTION FOR PROPERTY SUBSE- ‘‘(J) IMPORTED PROPERTY INCOME.—The plicable income tax, or QUENTLY EXPORTED.—The term ‘imported term ‘imported property income’ means any ‘‘(B) to the extent such amount exceeds the property’ does not include any property income received or accrued by any person amount (determined in accordance with reg- which is imported into the United States and which is of a kind which would be imported ulations) which— which— property income (as defined in section ‘‘(i) is paid by such dual capacity taxpayer ‘‘(i) before substantial use in the United 954(j)).’’. pursuant to the generally applicable income States, is sold, leased, or rented by the con- (C) CONFORMING AMENDMENT.—Clause (ii) of tax imposed by the country or possession, or trolled foreign corporation or a related per- section 904(d)(2)(A), as so in effect, is amend- ‘‘(ii) would be paid if the generally applica- son for direct use, consumption, or disposi- ed by inserting ‘‘or imported property in- ble income tax imposed by the country or tion outside the United States; or come’’ after ‘‘passive category income’’. possession were applicable to such dual ca- ‘‘(ii) is used by the controlled foreign cor- (d) TECHNICAL AMENDMENTS.— pacity taxpayer. poration or a related person as a component (1) Clause (iii) of section 952(c)(1)(B) (relat- Nothing in this paragraph shall be construed in other property which is so sold, leased, or ing to certain prior year deficits may be to imply the proper treatment of any such rented. taken into account) is amended— amount not in excess of the amount deter- ‘‘(3) DEFINITIONS AND SPECIAL RULES.— (A) by redesignating subclauses (II), (III), mined under subparagraph (B). ‘‘(A) IMPORT.—For purposes of this sub- (IV), and (V) as subclauses (III), (IV), (V), and section, the term ‘import’ means entering, or ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- (VI), and poses of this subsection, the term ‘dual ca- withdrawal from warehouse, for consumption (B) by inserting after subclause (I) the fol- or use. Such term includes any grant of the pacity taxpayer’ means, with respect to any lowing new subclause: foreign country or possession of the United right to use intangible property (as defined ‘‘(II) imported property income,’’. in section 936(h)(3)(B)) in the United States. States, a person who— (2) Paragraph (5) of section 954(b) (relating ‘‘(A) is subject to a levy of such country or ‘‘(B) UNITED STATES.—For purposes of this to deductions to be taken into account) is subsection, the term ‘United States’ includes possession, and amended by striking ‘‘and the foreign base ‘‘(B) receives (or will receive) directly or the Commonwealth of Puerto Rico, the Vir- company oil related income’’ and inserting gin Islands of the United States, Guam, indirectly a specific economic benefit (as de- ‘‘the foreign base company oil related in- termined in accordance with regulations) American Samoa, and the Commonwealth of come, and the imported property income’’. the Northern Mariana Islands. from such country or possession. (e) EFFECTIVE DATES.— ‘‘(C) UNRELATED PERSON.—For purposes of ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— (1) IN GENERAL.—Except as provided in For purposes of this subsection— this subsection, the term ‘unrelated person’ paragraph (2), the amendments made by this means any person who is not a related per- ‘‘(A) IN GENERAL.—The term ‘generally ap- section shall apply to taxable years of for- plicable income tax’ means an income tax son with respect to the controlled foreign eign corporations beginning after the date of corporation. (or a series of income taxes) which is gen- the enactment of this Act, and to taxable ‘‘(D) COORDINATION WITH FOREIGN BASE COM- erally imposed under the laws of a foreign years of United States shareholders within PANY SALES INCOME.—For purposes of this country or possession on income derived which or with which such taxable years of section, the term ‘foreign base company from the conduct of a trade or business with- such foreign corporations end. sales income’ shall not include any imported in such country or possession. (2) SUBSECTION (c).—The amendments made property income.’’. ‘‘(B) EXCEPTIONS.—Such term shall not in- by subsection (c)(1) shall apply to taxable (c) SEPARATE APPLICATION OF LIMITATIONS clude a tax unless it has substantial applica- years beginning after the date of the enact- ON FOREIGN TAX CREDIT FOR IMPORTED PROP- tion, by its terms and in practice, to— ERTY INCOME.— ment of this Act and before January 1, 2007, ‘‘(i) persons who are not dual capacity tax- (1) BEFORE 2007.— and the amendments made by subsection payers, and (A) IN GENERAL.—Paragraph (1) of section (c)(2) shall apply to taxable years beginning ‘‘(ii) persons who are citizens or residents 904(d) (relating to separate application of after December 31, 2006. of the foreign country or possession.’’ section with respect to certain categories of Subtitle C—Oil and Gas Provisions (b) EFFECTIVE DATE.— income), as in effect for taxable years begin- SEC. 8131. EXTENSION OF SUPERFUND TAXES. (1) IN GENERAL.—The amendments made by ning before January 1, 2007, is amended by (a) EXCISE TAXES.—Section 4611(e) is this section shall apply to taxes paid or ac- striking ‘‘and’’ at the end of subparagraph amended to read as follows: crued in taxable years beginning after the (H), by redesignating subparagraph (I) as ‘‘(e) APPLICATION OF HAZARDOUS SUBSTANCE date of the enactment of this Act. subparagraph (J), and by inserting after sub- SUPERFUND FINANCING RATE.—The Hazardous (2) CONTRARY TREATY OBLIGATIONS paragraph (H) the following new subpara- Substance Superfund financing rate under UPHELD.—The amendments made by this sec- graph: this section shall apply after December 31, tion shall not apply to the extent contrary ‘‘(I) imported property income, and’’. 1986, and before January 1, 1996, and after De- to any treaty obligation of the United (B) IMPORTED PROPERTY INCOME DEFINED.— cember 31, 2005, and before January 1, 2015.’’ States. Paragraph (2) of section 904(d), as so in ef- (b) CORPORATE ENVIRONMENTAL INCOME SEC. 8133. RULES RELATING TO FOREIGN OIL fect, is amended by redesignating subpara- TAX.—Section 59A(e) is amended to read as AND GAS INCOME. graphs (H) and (I) as subparagraphs (I) and follows: (a) SEPARATE BASKET FOR FOREIGN TAX (J), respectively, and by inserting after sub- ‘‘(e) APPLICATION OF TAX.—The tax imposed CREDIT.— paragraph (G) the following new subpara- by this section shall apply to taxable years (1) SEPARATE BASKET.— graph: beginning after December 31, 1986, and before (A) YEARS BEFORE 2007.—Paragraph (1) of ‘‘(H) IMPORTED PROPERTY INCOME.—The January 1, 1996, and to taxable years begin- section 904(d) (relating to separate applica- term ‘imported property income’ means any ning after December 31, 2005, and before Jan- tion of section with respect to certain cat- income received or accrued by any person uary 1, 2015.’’ egories of income), as in effect for years be- which is of a kind which would be imported (c) EFFECTIVE DATES.— ginning before 2007and as amended by this property income (as defined in section (1) EXCISE TAXES.—The amendments made Act, is amended by striking ‘‘and’’ at the end 954(j)).’’. by subsection (a) shall take effect on the of subparagraph (I), by redesignating sub- (C) LOOK-THRU RULES TO APPLY.—Subpara- date of the enactment of this Act. paragraph (J) as subparagraph (K), and by in- graph (F) of section 904(d)(3) of such Code, as (2) INCOME TAX.—The amendment made by serting after subparagraph (I) the following so in effect, is amended by striking ‘‘or (D)’’ subsection (b) shall apply to taxable years new subparagraph: and inserting ‘‘(D), or (I)’’. beginning after December 31, 2005. ‘‘(J) foreign oil and gas income, and’’. (2) AFTER 2006.— SEC. 8132. MODIFICATIONS OF FOREIGN TAX (B) 2007 AND AFTER.—Paragraph (1) of sec- (A) IN GENERAL.—Paragraph (1) of section CREDIT RULES APPLICABLE TO tion 904(d), as in effect for years beginning 904(d) (relating to separate application of DUAL CAPACITY TAXPAYERS. after 2006 and as amended by this Act, is section with respect to certain categories of (a) IN GENERAL.—Section 901 (relating to amended by striking ‘‘and’’ at the end of sub- income), as in effect for taxable years begin- credit for taxes of foreign countries and of paragraph (B), by striking the period at the ning after December 31, 2006, is amended by possessions of the United States) is amended end of subparagraph (C) and inserting ‘‘, striking ‘‘and’’ at the end of subparagraph by redesignating subsection (m) as sub- and’’, and by adding at the end the following: (A), by redesignating subparagraph (B) as section (n) and by inserting after subsection ‘‘(D) foreign oil and gas income.’’ subparagraph (C), and by inserting after sub- (l) the following new subsection: (2) DEFINITION.—

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(A) YEARS BEFORE 2007.—Paragraph (2) of (2) CONFORMING AMENDMENTS.— ing ‘‘(other than from petroleum based prod- section 904(d), as in effect for years begin- (A) Subsections (a)(5), (b)(5), and (b)(6) of ucts)’’ after ‘‘coke or coke gas’’. ning before 2007 and as amended by this Act, section 954, and section 952(c)(1)(B)(ii)(I), are (c) EFFECTIVE DATE.—The amendments is amended by redesignating subparagraphs each amended by striking ‘‘base company oil made by this section shall apply to fuel sold (I) and (J) as subparagraphs (J) and (K), re- related income’’ each place it appears (in- after December 31, 2004. spectively, and by inserting after subpara- cluding in the heading of subsection (b)(8)) SEC. 8135. ELIMINATION OF AMORTIZATION OF graph (H) the following new subparagraph: and inserting ‘‘oil and gas income’’. GEOLOGICAL AND GEOPHYSICAL EX- ‘‘(I) FOREIGN OIL AND GAS INCOME.—The (B) Subsection (b)(4) of section 954 is PENDITURES FOR MAJOR INTE- term ‘foreign oil and gas income’ has the amended by striking ‘‘base company oil-re- GRATED OIL COMPANIES. meaning given such term by section 954(g).’’ lated income’’ and inserting ‘‘oil and gas in- (a) IN GENERAL.—Section 167(h) is amended (B) 2007 AND AFTER.—Section 904(d)(2), as in come’’. by adding at the end the following new para- effect for years after 2006 and as amended by (C) The subsection heading for subsection graph: this Act, is amended by redesignating sub- (g) of section 954 is amended by striking ‘‘(5) NONAPPLICATION TO MAJOR INTEGRATED OIL COMPANIES.—This subsection shall not paragraphs (K) and (L) as subparagraphs (L) ‘‘FOREIGN BASE COMPANY OIL RELATED IN- apply with respect to any expenses paid or and (M) and by inserting after subparagraph COME’’ and inserting ‘‘FOREIGN OIL AND GAS incurred for any taxable year by any inte- (J) the following: INCOME’’. ‘‘(K) FOREIGN OIL AND GAS INCOME.—For (D) Subparagraph (A) of section 954(g)(2) is grated oil company (as defined in section purposes of this section— amended by striking ‘‘foreign base company 291(b)(4)) which has an average daily world- ‘‘(i) IN GENERAL.—The term ‘foreign oil and oil related income’’ and inserting ‘‘foreign wide production of crude oil of at least gas income’ has the meaning given such oil and gas income’’. 500,000 barrels for such taxable year.’’. (b) EFFECTIVE DATE.—The amendment term by section 954(g). (3) EFFECTIVE DATE.—The amendments made by this section shall take effect as if ‘‘(ii) COORDINATION.—Passive category in- made by this subsection shall apply to tax- included in the amendment made by section come and general category income shall not able years of foreign corporations beginning 1329(a) of the Energy Policy Act of 2005. include foreign oil and gas income (as so de- after the date of the enactment of this Act, fined).’’ and to taxable years of United States share- Subtitle D—Tax Administration Provisions (3) CONFORMING AMENDMENTS.— holders ending with or within such taxable SEC. 8141. IMPOSITION OF WITHHOLDING ON (A) Section 904(d)(3)(F)(i) is amended by years of foreign corporations. CERTAIN PAYMENTS MADE BY GOV- striking ‘‘or (E)’’ and inserting ‘‘(E), or (J)’’. ERNMENT ENTITIES. (B) Section 907(a) is hereby repealed. SEC. 8134. MODIFICATION OF CREDIT FOR PRO- (a) IN GENERAL.—Section 3402 is amended DUCING FUEL FROM A NONCONVEN- by adding at the end the following new sub- (C) Section 907(c)(4) is hereby repealed. TIONAL SOURCE. (D) Section 907(f) is hereby repealed. section: (a) TAXABLE YEARS ENDING BEFORE 2006.— (4) EFFECTIVE DATES.— ‘‘(t) EXTENSION OF WITHHOLDING TO CERTAIN (1) MODIFICATION OF PHASEOUT.— (A) IN GENERAL.—The amendments made PAYMENTS MADE BY GOVERNMENT ENTITIES.— by this section shall apply to taxable years (A) IN GENERAL.—Section 29(b)(1)(A) is ‘‘(1) GENERAL RULE.—The Government of beginning after the date of the enactment of amended by inserting ‘‘the calendar year the United States, every State, every polit- this Act. preceding’’ before ‘‘the calendar year’’. ical subdivision thereof, and every instru- (B) CONFORMING AMENDMENTS.—Section (B) YEARS AFTER 2006.—The amendments mentality of the foregoing (including multi- made by paragraphs (1)(B) and (2)(B) shall 29(b)((2) is amended— State agencies) making any payment for apply to taxable years beginning after De- (i) by striking ‘‘The’’ and inserting ‘‘With goods and services which is subject to with- cember 31, 2006. respect to any calendar year, the’’, and holding shall deduct and withhold form such (C) TRANSITIONAL RULES.— (ii) by striking ‘‘for the calendar year in payment a tax in an amount equal to 3 per- (i) SEPARATE BASKET TREATMENT.—Any which the sale occurs’’ and inserting ‘‘for cent of such payment. taxes paid or accrued in a taxable year be- such calendar year’’. ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not ginning on or before the date of the enact- (2) NO INFLATION ADJUSTMENT FOR THE apply to any payment— ment of this Act, with respect to income CREDIT AMOUNT IN 2005.—Section 29(b)(2), as ‘‘(A) except as provided in subparagraph which was described in subparagraph (I) of amended by paragraph (1), is amended by (B), which is subject to withholding under section 904(d)(1) of such Code (as in effect on adding at the end the following new sen- any other provision of this chapter or chap- the day before the date of the enactment of tence: ‘‘This paragraph shall not apply with ter 3, this Act), shall be treated as taxes paid or respect to the $3 amount in subsection (a) for ‘‘(B) which is subject to withholding under accrued with respect to foreign oil and gas calendar year 2005 and the amount in effect section 3406 and from which amounts are income to the extent the taxpayer estab- under subsection (a) for sales in such cal- being withheld under such section, lishes to the satisfaction of the Secretary of endar year shall be the amount which was in ‘‘(C) of interest, the Treasury that such taxes were paid or ac- effect for sales in calendar year 2004.’’. ‘‘(D) for real property, crued with respect to foreign oil and gas in- (b) TAXABLE YEARS ENDING AFTER 2005.— ‘‘(E) to any tax-exempt entity, foreign gov- come. (1) MODIFICATION OF PHASEOUT.— ernment, or other entity subject to the re- (ii) CARRYOVERS.—Any unused oil and gas (A) IN GENERAL.—Section 45K(b)(1)(A) is quirements of paragraph (1), extraction taxes which under section 907(f) of amended by inserting ‘‘the calendar year ‘‘(F) made pursuant to a classified or con- such Code (as so in effect) would have been preceding’’ before ‘‘the calendar year’’. fidential contract (as defined in section allowable as a carryover to the taxpayer’s (B) CONFORMING AMENDMENTS.—Section 6050M(e)(3)), and first taxable year beginning after the date of 45K(b)((2) is amended— ‘‘(G) made by a political subdivision of a the enactment of this Act (without regard to (i) by striking ‘‘The’’ and inserting ‘‘With State (or any instrumentality thereof) which the limitation of paragraph (2) of such sec- respect to any calendar year, the’’, and makes less than $100,000,000 of such payments tion 907(f) for first taxable year) shall be al- (ii) by striking ‘‘for the calendar year in annually. lowed as carryovers under section 904(c) of which the sale occurs’’ and inserting ‘‘for ‘‘(3) COORDINATION WITH OTHER SECTIONS.— such Code in the same manner as if such such calendar year’’. For purposes of sections 3403 and 3404 and for taxes were unused taxes under such section (2) NO INFLATION ADJUSTMENT FOR THE purposes of so much of subtitle F (except sec- 904(c) with respect to foreign oil and gas ex- CREDIT AMOUNT IN 2005, 2006, AND 2007.—Section tion 7205) as relates to this chapter, pay- traction income. 45K(b)(2), as amended by paragraph (1), is ments to any person of any payment for (iii) LOSSES.—The amendment made by amended by adding at the end the following goods and services which is subject to with- paragraph (3)(C) shall not apply to foreign oil new sentence: ‘‘This paragraph shall not holding shall be treated as if such payments and gas extraction losses arising in taxable apply with respect to the $3 amount in sub- were wages paid by an employer to an em- years beginning on or before the date of the section (a) for calendar years 2005, 2006, and ployee.’’. enactment of this Act. 2007 and the amount in effect under sub- (b) EFFECTIVE DATE.—The amendment (b) ELIMINATION OF DEFERRAL FOR FOREIGN section (a) for sales in each such calendar made by this section shall apply to payments OIL AND GAS EXTRACTION INCOME.— year shall be the amount which was in effect made after December 31, 2005. (1) GENERAL RULE.—Paragraph (1) of sec- for sales in calendar year 2004.’’. SEC. 8142. INCREASE IN CERTAIN CRIMINAL PEN- tion 954(g) (defining foreign base company oil (3) TREATMENT OF COKE AND COKE GAS.— ALTIES. related income) is amended to read as fol- (A) NONAPPLICATION OF PHASEOUT.—Section (a) IN GENERAL.—Section 7206 (relating to lows: 45K(g)(2) is amended by adding at the end the fraud and false statements) is amended— ‘‘(1) IN GENERAL.—Except as otherwise pro- following new subparagraph: (1) by striking ‘‘Any person who—’’ and in- vided in this subsection, the term ‘foreign oil ‘‘(D) NONAPPLICATION OF PHASEOUT.—Sub- serting ‘‘(a) IN GENERAL.—Any person who— and gas income’ means any income of a kind section (b)(1) shall not apply.’’. ’’, and which would be taken into account in deter- (B) APPLICATION OF INFLATION ADJUST- (2) by adding at the end the following new mining the amount of— MENT.—Section 45K(g)(2)(B) is amended by subsection: ‘‘(A) foreign oil and gas extraction income inserting ‘‘and the last sentence of sub- ‘‘(b) INCREASE IN MONETARY LIMITATION FOR (as defined in section 907(c)), or section (b)(2) shall not apply.’’. UNDERPAYMENT OR OVERPAYMENT OF TAX DUE ‘‘(B) foreign oil related income (as defined (C) CLARIFICATION OF QUALIFYING FACIL- TO FRAUD.—If any portion of any under- in section 907(c)).’’ ITY.—Section 45K(g)(1) is amended by insert- payment (as defined in section 6664(a)) or

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3752 CONGRESSIONAL RECORD — SENATE April 27, 2006 overpayment (as defined in section 6401(a)) of ‘‘(1) such person files what purports to be a such portion as if it were never submitted tax required to be shown on a return is at- return of a tax imposed by this title but and such portion shall not be subject to any tributable to fraudulent action described in which— further administrative or judicial review.’’. subsection (a), the applicable dollar amount ‘‘(A) does not contain information on (2) PRECLUSION FROM RAISING FRIVOLOUS under subsection (a) shall in no event be less which the substantial correctness of the self- ISSUES AT HEARING.—Section 6330(c)(4) is than an amount equal to such portion. A rule assessment may be judged, or amended— similar to the rule under section 6663(b) shall ‘‘(B) contains information that on its face (A) by striking ‘‘(A)’’ and inserting apply for purposes of determining the por- indicates that the self-assessment is substan- ‘‘(A)(i)’’; tion so attributable.’’. tially incorrect; and (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; (b) INCREASE IN PENALTIES.— ‘‘(2) the conduct referred to in paragraph (C) by striking the period at the end of the (1) ATTEMPT TO EVADE OR DEFEAT TAX.— (1)— first sentence and inserting ‘‘; or’’; and Section 7201 is amended— ‘‘(A) is based on a position which the Sec- (D) by inserting after subparagraph (A)(ii) (A) by striking ‘‘$100,000’’ and inserting retary has identified as frivolous under sub- (as so redesignated) the following: ‘‘$500,000’’, section (c), or ‘‘(B) the issue meets the requirement of (B) by striking ‘‘$500,000’’ and inserting ‘‘(B) reflects a desire to delay or impede clause (i) or (ii) of section 6702(b)(2)(A).’’. ‘‘$1,000,000’’, and the administration of Federal tax laws. (3) STATEMENT OF GROUNDS.—Section (C) by striking ‘‘5 years’’ and inserting ‘‘10 ‘‘(b) CIVIL PENALTY FOR SPECIFIED FRIVO- 6330(b)(1) is amended by striking ‘‘under sub- years’’. LOUS SUBMISSIONS.— section (a)(3)(B)’’ and inserting ‘‘in writing (2) WILLFUL FAILURE TO FILE RETURN, SUP- ‘‘(1) IMPOSITION OF PENALTY.—Except as under subsection (a)(3)(B) and states the PLY INFORMATION, OR PAY TAX.—Section 7203 provided in paragraph (3), any person who grounds for the requested hearing’’. is amended— submits a specified frivolous submission (c) TREATMENT OF FRIVOLOUS REQUESTS (A) in the first sentence— shall pay a penalty of $5,000. FOR HEARINGS UPON FILING OF NOTICE OF (i) by striking ‘‘Any person’’ and inserting ‘‘(2) SPECIFIED FRIVOLOUS SUBMISSION.—For LIEN.—Section 6320 is amended— the following: purposes of this section— (1) in subsection (b)(1), by striking ‘‘under ‘‘(a) IN GENERAL.—Any person’’, and ‘‘(A) SPECIFIED FRIVOLOUS SUBMISSION.— subsection (a)(3)(B)’’ and inserting ‘‘in writ- (ii) by striking ‘‘$25,000’’ and inserting The term ‘specified frivolous submission’ ing under subsection (a)(3)(B) and states the ‘‘$50,000’’, means a specified submission if any portion grounds for the requested hearing’’, and (B) in the third sentence, by striking ‘‘sec- of such submission— (2) in subsection (c), by striking ‘‘and (e)’’ tion’’ and inserting ‘‘subsection’’, and ‘‘(i) is based on a position which the Sec- and inserting ‘‘(e), and (g)’’. (C) by adding at the end the following new retary has identified as frivolous under sub- (d) TREATMENT OF FRIVOLOUS APPLICATIONS subsection: section (c), or FOR OFFERS-IN-COMPROMISE AND INSTALL- ‘‘(b) AGGRAVATED FAILURE TO FILE.— ‘‘(ii) reflects a desire to delay or impede MENT AGREEMENTS.—Section 7122 is amended ‘‘(1) IN GENERAL.—In the case of any failure the administration of Federal tax laws. by adding at the end the following new sub- described in paragraph (2), the first sentence ‘‘(B) SPECIFIED SUBMISSION.—The term section: of subsection (a) shall be applied by sub- ‘specified submission’ means— ‘‘(e) FRIVOLOUS SUBMISSIONS, ETC.—Not- stituting— ‘‘(i) a request for a hearing under— withstanding any other provision of this sec- ‘‘(A) ‘felony’ for ‘misdemeanor’, ‘‘(I) section 6320 (relating to notice and op- tion, if the Secretary determines that any ‘‘(B) ‘$500,000 ($1,000,000’ for ‘$25,000 portunity for hearing upon filing of notice of portion of an application for an offer-in-com- ($100,000’, and lien), or promise or installment agreement submitted ‘‘(C) ‘10 years’ for ‘1 year’. ‘‘(II) section 6330 (relating to notice and under this section or section 6159 meets the ‘‘(2) FAILURE DESCRIBED.—A failure de- opportunity for hearing before levy), and requirement of clause (i) or (ii) of section scribed in this paragraph is a failure to make ‘‘(ii) an application under— 6702(b)(2)(A), then the Secretary may treat a return described in subsection (a) for a pe- ‘‘(I) section 6159 (relating to agreements such portion as if it were never submitted riod of 3 or more consecutive taxable for payment of tax liability in installments), and such portion shall not be subject to any years.’’. ‘‘(II) section 7122 (relating to com- further administrative or judicial review.’’. (3) FRAUD AND FALSE STATEMENTS.—Section promises), or (e) CLERICAL AMENDMENT.—The table of 7206(a) (as redesignated by subsection (a)) is ‘‘(III) section 7811 (relating to taxpayer as- sections for part I of subchapter B of chapter amended— sistance orders). 68 is amended by striking the item relating (A) by striking ‘‘$100,000’’ and inserting ‘‘(3) OPPORTUNITY TO WITHDRAW SUBMIS- to section 6702 and inserting the following ‘‘$500,000’’, SION.—If the Secretary provides a person new item: (B) by striking ‘‘$500,000’’ and inserting with notice that a submission is a specified ‘‘Sec. 6702. Frivolous tax submissions.’’. ‘‘$1,000,000’’, and frivolous submission and such person with- (f) EFFECTIVE DATE.—The amendments (C) by striking ‘‘3 years’’ and inserting ‘‘5 draws such submission within 30 days after years’’. made by this section shall apply to submis- such notice, the penalty imposed under para- sions made and issues raised after the date (c) EFFECTIVE DATE.—The amendments graph (1) shall not apply with respect to such made by this section shall apply to actions, on which the Secretary first prescribes a list submission. under section 6702(c) of the Internal Revenue and failures to act, occurring after the date ‘‘(c) LISTING OF FRIVOLOUS POSITIONS.—The Code of 1986, as amended by subsection (a). of the enactment of this Act. Secretary shall prescribe (and periodically SEC. 8143. REPEAL OF SUSPENSION OF INTEREST revise) a list of positions which the Sec- SEC. 8146. PARTIAL PAYMENTS REQUIRED WITH AND CERTAIN PENALTIES WHERE retary has identified as being frivolous for SUBMISSION OF OFFERS-IN-COM- PROMISE. SECRETARY FAILS TO CONTACT TAX- purposes of this subsection. The Secretary (a) IN GENERAL.—Section 7122 (relating to PAYER. shall not include in such list any position compromises), as amended by this Act, is (a) IN GENERAL.—Section 6404 (relating to that the Secretary determines meets the re- abatements) is amended by striking sub- quirement of section 6662(d)(2)(B)(ii)(II). amended by redesignating subsections (c), section (g) and by redesignating subsections ‘‘(d) REDUCTION OF PENALTY.—The Sec- (d), and (e) as subsections (d), (e), and (f), re- (h) and (i) as subsections (g) and (h), respec- retary may reduce the amount of any pen- spectively, and by inserting after subsection tively. alty imposed under this section if the Sec- (b) the following new subsection: (b) EFFECTIVE DATE.—The amendments retary determines that such reduction would ‘‘(c) RULES FOR SUBMISSION OF OFFERS-IN- made by this section shall apply to returns promote compliance with and administra- COMPROMISE.— of tax filed after December 31, 2005. tion of the Federal tax laws. ‘‘(1) PARTIAL PAYMENT REQUIRED WITH SUB- SEC. 8144. INCREASE IN PENALTY FOR BAD ‘‘(e) PENALTIES IN ADDITION TO OTHER PEN- MISSION.— CHECKS AND MONEY ORDERS. ALTIES.—The penalties imposed by this sec- ‘‘(A) LUMP-SUM OFFERS.— (a) IN GENERAL.—Section 6657 (relating to tion shall be in addition to any other penalty ‘‘(i) IN GENERAL.—The submission of any bad checks) is amended— provided by law.’’. lump-sum offer-in-compromise shall be ac- (1) by striking ‘‘$750’’ and inserting (b) TREATMENT OF FRIVOLOUS REQUESTS companied by the payment of 20 percent of ‘‘$1,250’’, and FOR HEARINGS BEFORE LEVY.— amount of such offer. (2) by striking ‘‘$15’’ and inserting ‘‘$25’’. (1) FRIVOLOUS REQUESTS DISREGARDED.— ‘‘(ii) LUMP-SUM OFFER-IN-COMPROMISE.—For (b) EFFECTIVE DATE.—The amendments Section 6330 (relating to notice and oppor- purposes of this section, the term ‘lump-sum made by this section apply to checks or tunity for hearing before levy) is amended by offer-in-compromise’ means any offer of pay- money orders received after the date of the adding at the end the following new sub- ments made in 5 or fewer installments. enactment of this Act. section: ‘‘(B) PERIODIC PAYMENT OFFERS.—The sub- SEC. 8145. FRIVOLOUS TAX SUBMISSIONS. ‘‘(g) FRIVOLOUS REQUESTS FOR HEARING, mission of any periodic payment offer-in- (a) CIVIL PENALTIES.—Section 6702 is ETC.—Notwithstanding any other provision compromise shall be accompanied by the amended to read as follows: of this section, if the Secretary determines payment of the amount of the first proposed ‘‘SEC. 6702. FRIVOLOUS TAX SUBMISSIONS. that any portion of a request for a hearing installment and each proposed installment ‘‘(a) CIVIL PENALTY FOR FRIVOLOUS TAX RE- under this section or section 6320 meets the due during the period such offer is being TURNS.—A person shall pay a penalty of requirement of clause (i) or (ii) of section evaluated for acceptance and has not been $5,000 if— 6702(b)(2)(A), then the Secretary may treat rejected by the Secretary. Any failure to

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make a payment required under the pre- other tax liability when due or to provide re- SMALL ISSUER EXCEPTION TO ARBITRAGE RE- ceding sentence shall be deemed a with- quested financial information) is amended by BATE.—Section 148(f)(4)(D)(ii) (relating to ag- drawal of the offer-in-compromise. striking ‘‘or’’ at the end of subparagraph (B), gregation of issuers) is amended by striking ‘‘(2) RULES OF APPLICATION.— by redesignating subparagraph (C) as sub- subclause (II) and by redesignating sub- ‘‘(A) USE OF PAYMENT.—The application of paragraph (E), and by inserting after sub- clauses (III) and (IV) as subclauses (II) and any payment made under this subsection to paragraph (B) the following: (III), respectively. the assessed tax or other amounts imposed ‘‘(C) to make a Federal tax deposit under (d) CONFORMING AMENDMENTS.— under this title with respect to such tax may section 6302 at the time such deposit is re- (1) Section 149(f)(1) is amended by striking be specified by the taxpayer. quired to be made, ‘‘paragraphs (2) and (3)’’ and inserting ‘‘para- ‘‘(B) NO USER FEE IMPOSED.—Any user fee ‘‘(D) to file a return of tax imposed under graphs (2), (3), (4), and (5)’’. which would otherwise be imposed under this this title by its due date (including exten- (2) Section 149(f)(7)(B), as redesignated by section shall not be imposed on any offer-in- sions), or’’. subsection (b), is amended by striking ‘‘para- compromise accompanied by a payment re- (b) CONFORMING AMENDMENT.—The heading graph (4)(A)’’ and inserting ‘‘paragraph quired under this subsection. for section 6159(b)(4) is amended by striking (6)(A)’’. ‘‘(C) WAIVER AUTHORITY.—The Secretary ‘‘FAILURE TO PAY AN INSTALLMENT OR ANY (3) Section 54(l)(2) is amended by striking may issue regulations waiving any payment OTHER TAX LIABILITY WHEN DUE OR TO PROVIDE ‘‘section 149(f)(4)(A)’’ and inserting ‘‘section required under paragraph (1) in a manner REQUESTED FINANCIAL INFORMATION’’ and in- 149(f)(6)(A)’’. consistent with the practices established in serting ‘‘FAILURE TO MAKE PAYMENTS OR DE- (e) EFFECTIVE DATE.—The amendments accordance with the requirements under sub- POSITS OR FILE RETURNS WHEN DUE OR TO PRO- made by this section shall apply to bonds section (d)(3).’’. VIDE REQUESTED FINANCIAL INFORMATION’’. issued after the date of the enactment of this (c) EFFECTIVE DATE.—The amendments (b) ADDITIONAL RULES RELATING TO TREAT- Act. made by this section shall apply to failures MENT OF OFFERS.— SEC. 8152. REPEAL OF THE SCHEDULED PHASE- occurring on or after the date of the enact- OUT OF THE LIMITATIONS ON PER- (1) UNPROCESSABLE OFFER IF PAYMENT RE- ment of this Act. SONAL EXEMPTIONS AND ITEMIZED QUIREMENTS ARE NOT MET .—Paragraph (3) of DEDUCTIONS. section 7122(d) (relating to standards for Subtitle E—Additional Provisions (a) IN GENERAL.—The Internal Revenue SEC. 8151. LOAN AND REDEMPTION REQUIRE- evaluation of offers), as redesignated by sub- Code of 1986 is amended— section (a), is amended by striking ‘‘; and’’ at MENTS ON POOLED FINANCING RE- QUIREMENTS. (1) by striking subparagraphs (E) and (F) of the end of subparagraph (A) and inserting a section 151(d)(3), and comma, by striking the period at the end of (a) STRENGTHENED REASONABLE EXPECTA- TION REQUIREMENT.—Subparagraph (A) of (2) by striking subsections (f) and (g) of subparagraph (B) and inserting ‘‘, and’’, and section 149(f)(2) (relating to reasonable ex- section 68. by adding at the end the following new sub- pectation requirement) is amended to read (b) EFFECTIVE DATE.—The amendments paragraph: as follows: made by this section shall apply to taxable ‘‘(C) any offer-in-compromise which does ‘‘(A) IN GENERAL.—The requirements of years beginning after December 31, 2005. not meet the requirements of subsection (c) this paragraph are met with respect to an (c) APPLICATION OF EGTRRA SUNSET.—The shall be returned to the taxpayer as issue if the issuer reasonably expects that— amendments made by this section shall be unprocessable.’’. ‘‘(i) as of the close of the 1-year period be- subject to title IX of the Economic Growth (2) DEEMED ACCEPTANCE OF OFFER NOT RE- and Tax Relief Reconciliation Act of 2001 to ginning on the date of issuance of the issue, JECTED WITHIN CERTAIN PERIOD.—Section 7122, the same extent and in the same manner as at least 50 percent of the net proceeds of the as amended by subsection (a), is amended by the provision of such Act to which such issue (as of the close of such period) will adding at the end the following new sub- amendment relates. have been used directly or indirectly to section: make or finance loans to ultimate borrowers, ‘‘(g) DEEMED ACCEPTANCE OF OFFER NOT SA 3716. Mrs. MURRAY (for Mr. KEN- and REJECTED WITHIN CERTAIN PERIOD.—Any NEDY (for himself, Mr. BIDEN, and Mr. ‘‘(ii) as of the close of the 3-year period be- offer-in-compromise submitted under this LEAHY)) proposed an amendment to the ginning on such date of issuance, at least 95 section shall be deemed to be accepted by bill H.R. 4939, making emergency sup- the Secretary if such offer is not rejected by percent of the net proceeds of the issue (as of the close of such period) will have been so plemental appropriations for the fiscal the Secretary before the date which is 24 year ending September 30, 2006, and for months after the date of the submission of used.’’. (b) WRITTEN LOAN COMMITMENT AND RE- other purposes; as follows: such offer (12 months for offers-in-com- DEMPTION REQUIREMENTS.—Section 149(f) (re- promise submitted after the date which is 5 On page 126, between lines 12 and 13, insert lating to treatment of certain pooled financ- the following: years after the date of the enactment of this ing bonds) is amended by redesignating para- UNITED STATES STRATEGY TO PROMOTE subsection). For purposes of the preceding graphs (4) and (5) as paragraphs (6) and (7), DEMOCRACY IN IRAQ sentence, any period during which any tax li- respectively, and by inserting after para- ability which is the subject of such offer-in- graph (3) the following new paragraphs: SEC. 1406. (a) Of the funds provided in this chapter for the Economic Support Fund, not compromise is in dispute in any judicial pro- ‘‘(4) WRITTEN LOAN COMMITMENT REQUIRE- less than $96,000,000 should be made available ceeding shall not be taken in to account in MENT.— through the Bureau of Democracy, Human determining the expiration of the 24-month ‘‘(A) IN GENERAL.—The requirement of this Rights, and Labor of the Department of period (or 12-month period, if applicable).’’. paragraph is met with respect to an issue if State, in coordination with the United (c) EFFECTIVE DATE.—The amendments the issuer receives prior to issuance written States Agency for International Develop- made by this section shall apply to offers-in- loan commitments identifying the ultimate compromise submitted on and after the date ment where appropriate, to United States potential borrowers of at least 50 percent of nongovernmental organizations for the pur- which is 60 days after the date of the enact- the net proceeds of such issue. ment of this Act. pose of supporting broad-based democracy ‘‘(B) EXCEPTION.—Subparagraph (A) shall assistance programs in Iraq that promote SEC. 8147. WAIVER OF USER FEE FOR INSTALL- not apply with respect to any issuer which is MENT AGREEMENTS USING AUTO- the long term development of civil society, MATED WITHDRAWALS. a State (or an integral part of a State) political parties, election processes, and par- issuing pooled financing bonds to make or fi- (a) IN GENERAL.—Section 6159 (relating to liament in that country. agreements for payment of tax liability in nance loans to subordinate governmental installments) is amended by redesignating units of such State or to State-created enti- SA 3717. Mr. BIDEN submitted an subsection (e) as subsection (f) and by insert- ties providing financing for water-infrastruc- amendment intended to be proposed by ing after subsection (d) the following: ture projects through the federally-spon- him to the bill H.R. 4939, making emer- ‘‘(e) WAIVER OF USER FEES FOR INSTALL- sored State revolving fund program. gency supplemental appropriations for ‘‘(5) REDEMPTION REQUIREMENT.—The re- MENT AGREEMENTS USING AUTOMATED WITH- the fiscal year ending September 30, DRAWALS.—In the case of a taxpayer who en- quirement of this paragraph is met if to the extent that less than the percentage of the 2006, and for other purposes; which was ters into an installment agreement in which ordered to lie on the table; as follows: automated installment payments are agreed proceeds of an issue required to be used to, the Secretary shall waive the fee (if any) under clause (i) or (ii) of paragraph (2)(A) is On page 253, between lines 19 and 20, insert for entering into the installment agree- used by the close of the period identified in the following: ment.’’. such clause, the issuer uses an amount of PROHIBITION ON USE OF FUNDS FOR CERTAIN (b) EFFECTIVE DATE.—The amendments proceeds equal to the excess of— PURPOSES IN IRAQ made by this section shall apply to agree- ‘‘(A) the amount required to be used under SEC. 7032. None of the funds made available ments entered into on or after the date such clause, over by title I of this Act may be made available which is 180 days after the date of the enact- ‘‘(B) the amount actually used by the close to establish permanent military bases in ment of this Act. of such period, Iraq or to exercise control over the oil infra- SEC. 8148. TERMINATION OF INSTALLMENT to redeem outstanding bonds within 90 days structure or oil resources of Iraq. AGREEMENTS. after the end of such period.’’. (a) IN GENERAL.—Section 6159(b)(4) (relat- (c) ELIMINATION OF DISREGARD OF POOLED SA 3718. Mr. BIDEN (for himself and ing to failure to pay an installment or any BONDS IN DETERMINING ELIGIBILITY FOR Mr. DEWINE) submitted an amendment

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3754 CONGRESSIONAL RECORD — SENATE April 27, 2006 intended to be proposed by him to the paragraph (1), $25,000,000 shall be available the heading ‘‘FARM SERVICE AGENCY—BIO- bill H.R. 4939, making emergency sup- for the procurement of— ENERGY PROGRAM’’ is hereby increased by plemental appropriations for the fiscal (A) alternative fuel vehicles; $250,000,000. year ending September 30, 2006, and for (B) hybrid vehicles; (B) IMPLEMENTATION OF THE BIOMASS RE- (C) flex-fuel vehicles; and SEARCH AND DEVELOPMENT INITIATIVE.—Of the other purposes; which was ordered to (D) alternative fuel supply and related ve- amount appropriated by chapter 1 of title II lie on the table; as follows: hicle fleet infrastructure. under the heading ‘‘FARM SERVICE AGENCY— On page 117, between lines 9 and 10, insert (b) DEPARTMENT OF ENERGY MATTERS.— BIOENERGY PROGRAM’’, as increased by sub- the following: (1) PROCUREMENT OF ALTERNATIVE FUEL, HY- paragraph (A), $250,000,000 shall be available ASSISTANCE FOR NATO ACTIVITIES IN SUPPORT BRID, AND FLEX-FUEL VEHICLES.— for production incentives for cellulosic OF AFRICAN UNION AND UNITED NATIONS OP- (A) ADDITIONAL AMOUNT.—For an addi- biofuels. ERATIONS TO STOP GENOCIDE IN DARFUR, tional amount for ‘‘DEPARTMENTAL ADMINIS- (d) ENVIRONMENTAL PROTECTION AGENCY.— TRATION DDITIONAL AMOUNT SUDAN ’’ under the heading ‘‘DEPARTMENT (1) A .—For an additional OF ENERGY’’ of title III of the Energy and amount for ‘‘SCIENCE AND TECHNOLOGY’’ of SEC. 1312. (a) Amounts appropriated by this Water Development Appropriations Act, 2006 title III of the Department of the Interior, chapter for the Department of Defense for (Public Law 109–103), $25,000,000, to remain Environment, and Related Agencies Appro- operation and maintenance may be used to available until expended. priations Act, 2006 (Public Law 109–54; 119 provide assistance, including supplies, serv- (B) USE.—Of the amount appropriated for Stat. 499), $25,000,000, to remain available ices, transportation, including airlifts, and ‘‘DEPARTMENTAL ADMINISTRATION’’, as in- until expended. logistical support, to the North Atlantic creased by subparagraph (A), $25,000,000 shall (2) USE.—Of the amount appropriated for Treaty Organization (NATO), and allies be available for procurement of alternative ‘‘SCIENCE AND TECHNOLOGY’’, as increased by working in support of NATO, for activities fuel, hybrid, and flex-fuel vehicles and for re- paragraph (1), $25,000,000 shall be available undertaken to support African Union and lated alternative fuel supply and related for sugar cane ethanol research and develop- United Nations peacekeeping operations to fleet infrastructure. ment. stop genocide in Darfur, Sudan. (2) ADVANCED VEHICLE RESEARCH AND DE- (e) EMERGENCY DESIGNATION.—The (b) The Secretary of Defense shall provide PLOYMENT PROGRAMS.— amounts provided under this section are des- quarterly reports on support provided under (A) ADDITIONAL AMOUNT.—For an addi- ignated as an emergency requirement pursu- subsection (a) to the Committee on Appro- tional amount for ‘‘ENERGY SUPPLY AND CON- ant to section 402 of H. Con. Res. 95 (109th priations, the Committee on Armed Services, SERVATION’’ under the heading ‘‘DEPART- Congress), the concurrent resolution on the and the Committee on Foreign Relations of MENT OF ENERGY’’ of title III of the En- budget for fiscal year 2006. the Senate and the Committee on Appropria- ergy and Water Development Appropriations tions, the Committee on Armed Services, Act, 2006 (Public Law 109–103), $150,000,000, to SA 3721. Mr. NELSON of Florida (for and the Committee on International Rela- remain available until expended. himself, Mr. MENENDEZ, Mr. LIEBER- tions of the House of Representatives. (B) USE.—Of the amount appropriated for MAN, Mr. LAUTENBERG, Mr. KERRY, and ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- Mr. REID) submitted an amendment in- Mr. BIDEN (for himself and SA 3719. creased by subparagraph (A), $150,000,000 tended to be proposed by him to the Mr. DEWINE) submitted an amendment shall be available for advanced vehicle re- bill H.R. 4939, making emergency sup- intended to be proposed by him to the search and deployment programs, including plemental appropriations for the fiscal research and deployment related to accelera- bill H.R. 4939, making emergency sup- year ending September 30, 2006, and for plemental appropriations for the fiscal tion of hybrid vehicle technologies, fuel cell school and transit buses, biodiesel engines, other purposes; which was ordered to year ending September 30, 2006, and for lie on the table; as follows: other purposes; which was ordered to procurement of fuel cells, and vehicle effi- ciency. At the appropriate place, insert the fol- lie on the table; as follows: (3) CLEAN CITIES PROGRAM.— lowing: On page 88, line 7, insert after ‘‘Provided,’’ (A) ADDITIONAL AMOUNT.—For an addi- SEC. ll. ENERGY SECURITY AND INDEPEND- the following: ‘‘That of the funds available tional amount for ‘‘ENERGY SUPPLY AND CON- ENCE. under this heading, not less than $250,000 SERVATION’’ under the heading ‘‘DEPART- (a) DEPARTMENT OF DEFENSE MATTERS.— shall be made available for the establish- MENT OF ENERGY’’ of title III of the En- (1) PROCUREMENT OF HYBRID VEHICLES.— ment and support of an office of a special ergy and Water Development Appropriations (A) ADDITIONAL AMOUNT FOR PROCUREMENT, envoy for Sudan with a mandate of pursuing, Act, 2006 (Public Law 109–103), $350,000,000, to DEFENSE-WIDE.—The amount appropriated by in conjunction with the African Union, a sus- remain available until expended. chapter 3 of title I of this Act under the tainable peace settlement to end the conflict (B) USE.—Of the amount appropriated for heading ‘‘PROCUREMENT, DEFENSE-WIDE’’ is in Darfur, Sudan, assisting the parties to the ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- hereby increased by $25,000,000. Comprehensive Peace Agreement for Sudan creased by subparagraph (A), $350,000,000 (B) PROCUREMENT OF HYBRID VEHICLES.—Of with implementation of the Agreement, pur- shall be available for the Clean Cities Pro- the amount appropriated by chapter 3 of suing efforts at conflict resolution in eastern gram established under sections 405, 409, and title I of this Act under the heading ‘‘PRO- Sudan, northern Uganda, and Chad, facili- 505 of the Energy Policy Act of 1992 (42 U.S.C. CUREMENT, DEFENSE-WIDE’’, as increased by tating, in cooperation with the people of 13231, 13235, 13256), including development of subparagraph (A), $25,000,000 shall be avail- Darfur and the African Union, a dialogue common and voluntary standards that will able for the procurement of— within Darfur to promote conflict resolution accelerate— (i) alternative fuel vehicles; and reconciliation at the grass roots level, (i) the market penetration of flex-fuel, al- (ii) hybrid vehicles; and developing a common policy approach ternative fuel, hybrid and plug-in hybrid ve- (iii) flex-fuel vehicles; and among international partners to address hicles, and related fueling infrastructure; (iv) alternative fuel supply and related ve- such issues: Provided further,’’. and hicle fleet infrastructure. (ii) installation of E–85, biodiesel, and (2) ALTERNATIVE ENERGY GENERATION AND SA 3720. Mr. NELSON of Florida sub- other alternative fuel stations and infra- VEHICLE TECHNOLOGIES.— mitted an amendment intended to be structure. (A) ADDITIONAL AMOUNT FOR RESEARCH, DE- proposed by him to the bill H.R. 4939, (4) BIOMASS RESEARCH AND DEVELOPMENT.— VELOPMENT, TEST, AND EVALUATION, ARMY.— making emergency supplemental ap- (A) ADDITIONAL AMOUNT.—For an addi- The amount appropriated by chapter 3 of propriations for the fiscal year ending tional amount for ‘‘ENERGY SUPPLY AND CON- title I of this Act under the heading ‘‘RE- September 30, 2006, and for other pur- SERVATION’’ under the heading ‘‘DEPART- SEARCH, DEVELOPMENT, TEST, AND EVALUA- TION, ARMY’’ is hereby increased by poses; which was ordered to lie on the MENT OF ENERGY’’ of title III of the En- ergy and Water Development Appropriations $200,000,000. table; as follows: Act, 2006 (Public Law 109–103), $100,000,000, to (B) ALTERNATIVE ENERGY GENERATION AND At the appropriate place, insert the fol- remain available until expended. VEHICLE TECHNOLOGIES.—Of the amount ap- lowing: (B) USE.—Of the amount appropriated for propriated by chapter 3 of title I of this Act SEC. ll. ENERGY SECURITY AND INDEPEND- ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- under the heading ‘‘RESEARCH, DEVELOP- ENCE. creased by subparagraph (A), $100,000,000 MENT, TEST, AND EVALUATION, ARMY’’ , as in- (a) DEPARTMENT OF DEFENSE MATTERS.— shall be available for implementation of the creased by subparagraph (A), $200,000,000 (1) ADDITIONAL AMOUNT FOR PROCUREMENT, Biomass Research and Development Act of shall be available for activities to achieve DEFENSE-WIDE.—The amount appropriated by 2000 (Public Law 106–224; 7 U.S.C. 7624 note). the following: chapter 3 of title I of this Act under the (c) DEPARTMENT OF AGRICULTURE MAT- (i) The development and deployment of en- heading ‘‘PROCUREMENT, DEFENSE-WIDE’’ is TERS.— ergy efficient, renewable, and clean alter- hereby increased by $25,000,000. (1) PRODUCTION INCENTIVES FOR CELLULOSIC native energy generation sources and vehicle (2) PROCUREMENT OF HYBRID VEHICLES.—Of BIOFUELS.— technologies suitable for the missions and the amount appropriated by chapter 3 of (A) ADDITIONAL AMOUNT FOR FARM SERVICE activities of the Department of Defense. title I of this Act under the heading ‘‘PRO- AGENCY—BIOENERGY PROGRAM.—The amount (ii) The establishment of workforce train- CUREMENT, DEFENSE-WIDE’’, as increased by appropriated by chapter 1 of title II under ing and education programs relating to the

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3755 development and deployment of such sources be available for procurement of alternative MENT OF ENERGY’’ of title III of the En- and technologies. fuel, hybrid, and flex-fuel vehicles and for re- ergy and Water Development Appropriations (iii) The development of enhanced domes- lated alternative fuel supply and related Act, 2006 (Public Law 109–103), $25,000,000, to tic production of such sources and tech- fleet infrastructure. remain available until expended. nologies, including activities in concert with (2) ADVANCED VEHICLE RESEARCH AND DE- (B) USE.—Of the amount appropriated for the private sector. PLOYMENT PROGRAMS.— ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- (3) NON-PETROLEUM AVIATION AND BUNKER (A) ADDITIONAL AMOUNT.—For an addi- creased by subparagraph (A), $25,000,000 shall FUELS AND SYSTEMS.— NERGY SUPPLY AND CON- tional amount for ‘‘E be available to make loan guarantees to pro- (A) ADDITIONAL AMOUNT FOR RESEARCH, DE- SERVATION’’ under the heading ‘‘DEPART- mote cellulosic biomass ethanol and im- VELOPMENT, TEST, AND EVALUATION, AIR MENT OF ENERGY’’ of title III of the En- proved treatment of municipal solid waste. FORCE.—The amount appropriated by chapter ergy and Water Development Appropriations LECTRICITY GRID RELIABILITY IMPROVE 3 of title I of this Act under the heading ‘‘RE- Act, 2006 (Public Law 109–103), $150,000,000, to (7) E - SEARCH, DEVELOPMENT, TEST, AND EVALUA- remain available until expended. MENTS.— TION, AIR FORCE’’ is hereby increased by (B) USE.—Of the amount appropriated for (A) ADDITIONAL AMOUNT.—For an addi- $50,000,000. ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- tional amount for ‘‘ENERGY SUPPLY AND CON- (B) NON-PETROLEUM AVIATION AND BUNKER creased by subparagraph (A), $150,000,000 SERVATION’’ under the heading ‘‘DEPART- FUELS AND SYSTEMS.—Of the amount appro- shall be available for advanced vehicle re- MENT OF ENERGY’’ of title III of the En- priated by chapter 3 of title I of this Act search and deployment programs, including ergy and Water Development Appropriations under the heading ‘‘RESEARCH, DEVELOP- research and deployment related to accelera- Act, 2006 (Public Law 109–103), $50,000,000, to MENT, TEST, AND EVALUATION, AIR FORCE’’, as tion of hybrid vehicle technologies, fuel cell remain available until expended. increased by subparagraph (A), $50,000,000 school and transit buses, biodiesel engines, (B) USE.—Of the amount appropriated for shall be available for the development of procurement of fuel cells, and vehicle effi- ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- non-petroleum aviation fuels and bunker ciency. creased by subparagraph (A), $50,000,000 shall fuels and systems that utilize renewable en- (3) CLEAN CITIES PROGRAM.— be available for electricity grid reliability ergy supplies and sources or reduce net (A) ADDITIONAL AMOUNT.—For an addi- improvements. greenhouse gas emissions. tional amount for ‘‘ENERGY SUPPLY AND CON- (8) GRANTS TO STATE ENERGY OFFICES (4) IMPROVEMENT OF FUEL AND ENERGY SUP- SERVATION’’ under the heading ‘‘DEPART- THROUGH THE OFFICE OF ELECTRICITY DELIV- PLY SYSTEMS.— MENT OF ENERGY’’ of title III of the En- ERY AND ENERGY RELIABILITY.— (A) ADDITIONAL AMOUNT FOR RESEARCH, DE- ergy and Water Development Appropriations (A) ADDITIONAL AMOUNT.—For an addi- VELOPMENT, TEST, AND EVALUATION, DEFENSE- Act, 2006 (Public Law 109–103), $350,000,000, to tional amount for ‘‘ENERGY SUPPLY AND CON- WIDE.—The amount appropriated by chapter remain available until expended. SERVATION’’ under the heading ‘‘DEPART- 3 of title I of this Act under the heading ‘‘RE- (B) USE.—Of the amount appropriated for SEARCH, DEVELOPMENT, TEST, AND EVALUA- ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- MENT OF ENERGY’’ of title III of the En- TION, DEFENSE-WIDE’’ is hereby increased by creased by subparagraph (A), $350,000,000 ergy and Water Development Appropriations $10,000,000. shall be available for the Clean Cities Pro- Act, 2006 (Public Law 109–103), $250,000,000, to (B) IMPROVEMENT OF FUEL AND ENERGY SUP- gram established under sections 405, 409, and remain available until expended. PLY SYSTEMS.—Of the amount appropriated 505 of the Energy Policy Act of 1992 (42 U.S.C. (B) USE.—Of the amount appropriated for by chapter 3 of title I of this Act under the 13231, 13235, 13256), including development of ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- heading ‘‘RESEARCH, DEVELOPMENT, TEST, common and voluntary standards that will creased by subparagraph (A), $250,000,000 AND EVALUATION, DEFENSE-WIDE’’, as in- accelerate— shall be available for grants to State energy creased by subparagraph (A), $10,000,000 shall (i) the market penetration of flex-fuel, al- offices through the Office of Electricity De- be available for activities to improve the pe- ternative fuel, hybrid and plug-in hybrid ve- livery and Energy Reliability, in coordina- troleum, fossil fuel, and energy supply sys- hicles, and related fueling infrastructure; tion with the Directorate for Preparedness of tems of the Department of Defense to and the Department of Homeland Security, for achieve one or more of the following: (ii) installation of E-85, biodiesel, and nonpetroleum-dependent or very low-emis- (i) Increased security of such systems. other alternative fuel stations and infra- sion distributed energy projects at critical (ii) Reduction in greenhouse gas emissions structure. facilities to harden infrastructure, strength- attributable to such systems. (4) CLEAN COAL POWER INITIATIVE.— en first responders capabilities, and enhance (iii) Reduction in the costs of energy for (A) ADDITIONAL AMOUNT.—For an addi- emergency preparedness, including $30,000,000 the Department of Defense. tional amount for ‘‘CLEAN COAL TECH- for State energy programs. (5) ENERGY EFFICIENCY.— NOLOGY’’ under the heading ‘‘DEPARTMENT (9) ENERGY EFFICIENCY PROGRAMS.— (A) ADDITIONAL AMOUNT FOR OPERATION AND OF ENERGY’’ of title III of the Energy and (A) ADDITIONAL AMOUNT.—For an addi- MAINTENANCE, DEFENSE-WIDE.—The amount Water Development Appropriations Act, 2006 appropriated by chapter 3 of title I of this (Public Law 109–103), $175,000,000, to remain tional amount for ‘‘ENERGY SUPPLY AND CON- Act under the heading ‘‘OPERATION AND available until expended. SERVATION’’ under the heading ‘‘DEPART- MAINTENANCE, DEFENSE-WIDE’’ is hereby in- (B) USE.—Of the amount appropriated for MENT OF ENERGY’’ of title III of the En- creased by $215,000,000. ‘‘CLEAN COAL TECHNOLOGY’’, as increased by ergy and Water Development Appropriations (B) ENERGY EFFICIENCY.—Of the amount ap- subparagraph (A), $175,000,000 shall be avail- Act, 2006 (Public Law 109–103), $300,000,000, to propriated by chapter 3 of title I of this Act able for the Clean Coal Power Initiative of remain available until expended. under the heading ‘‘OPERATION AND MAINTE- the Department of Energy for large-scale— (B) USE.—Of the amount appropriated for NANCE, DEFENSE-WIDE’’, as increased by para- (i) geologic carbon dioxide sequestration ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- graph (A), $215,000,000 shall be available for demonstrations; creased by subparagraph (A), $300,000,000 activities relating to energy efficiency, of (ii) sequestration-ready gasification dem- shall be available for energy efficiency pro- which— onstrations; grams, including research and development, (i) $200,000,000 shall be available for the (iii) liquid fuels, substitute natural gas, energy conservation standards, State build- procurement and installation of renewable and hydrogen projects related to sequestra- ing code development incentives, appliance and low-emission, clean energy distributed tion-ready plants; and rebates, the public information initiative on electricity generation systems at military (iv) carbon dioxide combustion control energy efficiency, utility efficiency pilot installations and other facilities of the De- demonstrations. projects, Energy Star, industrial programs, partment of Defense; and (5) BIOMASS RESEARCH AND DEVELOPMENT.— State energy programs, and low-income com- (ii) $15,000,000 shall be available for energy (A) ADDITIONAL AMOUNT.—For an addi- munity pilot projects. tional amount for ‘‘ENERGY SUPPLY AND CON- efficiency and renewable energy projects at (10) ULTRA-EFFICIENT AIRCRAFT ENGINE the Pentagon Reservation, and at other mili- SERVATION’’ under the heading ‘‘DEPART- TECHNOLOGY RESEARCH AND DEVELOPMENT.— tary installations and facilities of the De- MENT OF ENERGY’’ of title III of the En- (A) ADDITIONAL AMOUNT.—For an addi- partment of Defense. ergy and Water Development Appropriations tional amount for ‘‘ENERGY SUPPLY AND CON- (b) DEPARTMENT OF ENERGY MATTERS.— Act, 2006 (Public Law 109–103), $100,000,000, to SERVATION’’ under the heading ‘‘DEPART- (1) PROCUREMENT OF ALTERNATIVE FUEL, HY- remain available until expended. MENT OF ENERGY’’ of title III of the En- BRID, AND FLEX-FUEL VEHICLES.— (B) USE.—Of the amount appropriated for (A) ADDITIONAL AMOUNT.—For an addi- ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- ergy and Water Development Appropriations tional amount for ‘‘DEPARTMENTAL ADMINIS- creased by subparagraph (A), $100,000,000 Act, 2006 (Public Law 109–103), $50,000,000, to TRATION’’ under the heading ‘‘DEPARTMENT shall be available for implementation of the remain available until expended. OF ENERGY’’ of title III of the Energy and Biomass Research and Development Act of (B) USE.—Of the amount appropriated for Water Development Appropriations Act, 2006 2000 (Public Law 106–224; 7 U.S.C. 7624 note). ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- (Public Law 109–103), $25,000,000, to remain (6) CELLULOSIC BIOMASS ETHANOL AND MU- creased by subparagraph (A), $50,000,000 shall available until expended. NICIPAL SOLID WASTE LOAN GUARANTEES.— be available for research and development on (B) USE.—Of the amount appropriated for (A) ADDITIONAL AMOUNT.—For an addi- ultra-efficient aircraft engine technology. ‘‘DEPARTMENTAL ADMINISTRATION’’, as in- tional amount for ‘‘ENERGY SUPPLY AND CON- (11) RENEWABLE ENERGY RESOURCE RE- creased by subparagraph (A), $25,000,000 shall SERVATION’’ under the heading ‘‘DEPART- SEARCH AND DEVELOPMENT.—

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(A) ADDITIONAL AMOUNT.—For an addi- be available for Federal energy management SEC. 8002. APPROPRIATE REMEDIES FOR IMMI- tional amount for ‘‘ENERGY SUPPLY AND CON- measures carried out under part 3 of title V GRATION LEGISLATION. SERVATION’’ under the heading ‘‘DEPART- of the National Energy Conservation Policy (a) REQUIREMENTS FOR AN ORDER GRANTING MENT OF ENERGY’’ of title III of the En- Act (42 U.S.C. 8251 et seq.). PROSPECTIVE RELIEF AGAINST THE GOVERN- ergy and Water Development Appropriations (c) DEPARTMENT OF AGRICULTURE MAT- MENT.— Act, 2006 (Public Law 109–103), $150,000,000, to TERS.— (1) IN GENERAL.—If a court determines that remain available until expended. (1) BIOMASS RESEARCH AND DEVELOPMENT prospective relief should be ordered against (B) USE.—Of the amount appropriated for INITIATIVE.— the Government in any civil action per- ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- (A) ADDITIONAL AMOUNT FOR AGRICULTURAL taining to the administration or enforce- creased by subparagraph (A), $150,000,000 RESEARCH SERVICE.—The amount appro- ment of the immigration laws of the United shall be available for research and develop- priated by chapter 1 of title II under the States, the court shall— ment on renewable energy resources, includ- heading ‘‘AGRICULTURAL RESEARCH SERVICE’’ (A) limit the relief to the minimum nec- ing wind, biomass, solar, hydroelectric, and is hereby increased by $100,000,000. essary to correct the violation of law; geothermal resources and renewable energy (B) IMPLEMENTATION OF THE BIOMASS RE- (B) adopt the least intrusive means to cor- resource assessments, including development SEARCH AND DEVELOPMENT INITIATIVE.—Of the rect the violation of law; of potential integrated renewable energy amount appropriated by chapter 1 of title II (C) minimize, to the greatest extent prac- projects. under the heading ‘‘AGRICULTURAL RESEARCH ticable, the adverse impact on national secu- (12) WEATHERIZATION ASSISTANCE GRANTS.— SERVICE’’, as increased by subparagraph (A), rity, border security, immigration adminis- (A) ADDITIONAL AMOUNT.—For an addi- $100,000,000 shall be available for implemen- tration and enforcement, and public safety, tional amount for ‘‘ENERGY SUPPLY AND CON- tation of the biomass research and develop- and SERVATION’’ under the heading ‘‘DEPART- ment initiative. (D) provide for the expiration of the relief on a specific date, which is not later than MENT OF ENERGY’’ of title III of the En- (2) PRODUCTION INCENTIVES FOR CELLULOSIC the earliest date necessary for the Govern- ergy and Water Development Appropriations BIOFUELS.— ment to remedy the violation. Act, 2006 (Public Law 109–103), $225,000,000, to (A) ADDITIONAL AMOUNT FOR FARM SERVICE (2) WRITTEN EXPLANATION.—The require- remain available until expended. AGENCY—BIOENERGY PROGRAM.—The amount (B) USE.—Of the amount appropriated for appropriated by chapter 1 of title II under ments described in paragraph (1) shall be dis- cussed and explained in writing in the order ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- the heading ‘‘FARM SERVICE AGENCY—BIO- granting prospective relief and must be suffi- creased by subparagraph (A), $250,000,000 ENERGY PROGRAM’’ is hereby increased by ciently detailed to allow review by another shall be available for grants under the $250,000,000. court. Weatherization Assistance Program for Low- (B) IMPLEMENTATION OF THE BIOMASS RE- (3) EXPIRATION OF PRELIMINARY INJUNCTIVE Income Persons established under part A of SEARCH AND DEVELOPMENT INITIATIVE.—Of the RELIEF.—Preliminary injunctive relief shall title IV of the Energy Conservation and Pro- amount appropriated by chapter 1 of title II automatically expire on the date that is 90 duction Act (42 U.S.C. 6861 et seq.). under the heading ‘‘FARM SERVICE AGENCY— days after the date on which such relief is (13) RENEWABLE ENERGY REBATES FOR RESI- BIOENERGY PROGRAM’’, as increased by sub- entered, unless the court— DENTIAL AND SMALL BUSINESS APPLICATIONS.— paragraph (A), $250,000,000 shall be available (A) makes the findings required under (A) ADDITIONAL AMOUNT.—For an addi- for production incentives for cellulosic paragraph (1) for the entry of permanent pro- tional amount for ‘‘ENERGY SUPPLY AND CON- biofuels. spective relief; and SERVATION’’ under the heading ‘‘DEPART- (d) ENVIRONMENTAL PROTECTION AGENCY.— (B) makes the order final before expiration MENT OF ENERGY’’ of title III of the En- (1) ADDITIONAL AMOUNT.—For an additional of such 90-day period. ergy and Water Development Appropriations amount for ‘‘SCIENCE AND TECHNOLOGY’’ of Act, 2006 (Public Law 109–103), $125,000,000, to title III of the Department of the Interior, (4) REQUIREMENTS FOR ORDER DENYING MO- remain available until expended. Environment, and Related Agencies Appro- TION.—This subsection shall apply to any (B) USE.—Of the amount appropriated for priations Act, 2006 (Public Law 109–54; 119 order denying the Government’s motion to ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- Stat. 499), $25,000,000, to remain available vacate, modify, dissolve or otherwise termi- creased by subparagraph (A), $125,000,000 until expended. nate an order granting prospective relief in any civil action pertaining to the adminis- shall be available for renewable energy re- (2) USE.—Of the amount appropriated for tration or enforcement of the immigration bates for residential and small business ap- ‘‘SCIENCE AND TECHNOLOGY’’, as increased by plications. paragraph (1), $25,000,000 shall be available laws of the United States. (b) PROCEDURE FOR MOTION AFFECTING (14) RENEWABLE ENERGY PRODUCTION INCEN- for sugar cane ethanol research and develop- ORDER GRANTING PROSPECTIVE RELIEF TIVES.— ment. AGAINST THE GOVERNMENT.— (A) ADDITIONAL AMOUNT.—For an addi- (e) GENERAL SERVICES ADMINISTRATION.— (1) IN GENERAL.—A court shall promptly tional amount for ‘‘ENERGY SUPPLY AND CON- (1) ADDITIONAL AMOUNT.—For an additional rule on the Government’s motion to vacate, SERVATION’’ under the heading ‘‘DEPART- amount for ‘‘OPERATING EXPENSES’’ under MENT OF ENERGY’’ of title III of the En- the heading ‘‘GENERAL SERVICES ADMIN- modify, dissolve or otherwise terminate an ergy and Water Development Appropriations ISTRATION’’ under title VI of the Transpor- order granting prospective relief in any civil Act, 2006 (Public Law 109–103), $50,000,000, to tation, Treasury, Housing and Urban Devel- action pertaining to the administration or remain available until expended. opment, the Judiciary, the District of Co- enforcement of the immigration laws of the (B) USE.—Of the amount appropriated for lumbia, and Independent Agencies Appro- United States. ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- priations Act, 2006 (Public Law 109–115; 119 (2) AUTOMATIC STAYS.— creased by subparagraph (A), $50,000,000 shall Stat. 2482), $25,000,000, to remain available (A) IN GENERAL.—The Government’s mo- be available for renewable energy production until expended. tion to vacate, modify, dissolve, or otherwise incentives. terminate an order granting prospective re- (2) USE.—Of the amount appropriated for (15) RURAL AND REMOTE COMMUNITIES ELEC- lief made in any civil action pertaining to ‘‘OPERATING EXPENSES’’ under paragraph (1), TRIFICATION GRANTS.— $25,000,000 shall be available for the procure- the administration or enforcement of the im- (A) ADDITIONAL AMOUNT.—For an addi- ment of alternative fuel, hybrid, and flex- migration laws of the United States shall tional amount for ‘‘ENERGY SUPPLY AND CON- fuel vehicles, and for related alternative fuel automatically, and without further order of SERVATION’’ under the heading ‘‘DEPART- supply and related fleet infrastructure. the court, stay the order granting prospec- MENT OF ENERGY’’ of title III of the En- (f) EMERGENCY DESIGNATION.—The amounts tive relief on the date that is 15 days after ergy and Water Development Appropriations provided under this section are designated as the date on which such motion is filed unless Act, 2006 (Public Law 109–103), $50,000,000, to an emergency requirement pursuant to sec- the court previously has granted or denied remain available until expended. tion 402 of H. Con. Res. 95 (109th Congress), the Government’s motion. (B) USE.—Of the amount appropriated for the concurrent resolution on the budget for (B) DURATION OF AUTOMATIC STAY.—An ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- fiscal year 2006. automatic stay under subparagraph (A) shall creased by subparagraph (A), $50,000,000 shall continue until the court enters an order be available to make rural and remote com- SA 3722. Mr. CORNYN (for himself granting or denying the Government’s mo- munities electrification grants. and Mr. KYL) proposed an amendment tion. (16) FEDERAL ENERGY MANAGEMENT PRO- to the bill H.R. 4939, making emer- (C) POSTPONEMENT.—The court, for good GRAMS.— gency supplemental appropriations for cause, may postpone an automatic stay (A) ADDITIONAL AMOUNT.—For an addi- the fiscal year ending September 30, under subparagraph (A) for not longer than tional amount for ‘‘ENERGY SUPPLY AND CON- 15 days. 2006, and for other purposes; as follows: SERVATION’’ under the heading ‘‘DEPART- (D) ORDERS BLOCKING AUTOMATIC STAYS.— MENT OF ENERGY’’ of title III of the En- On page 253, between lines 19 and 20, insert Any order staying, suspending, delaying, or ergy and Water Development Appropriations the following: otherwise barring the effective date of the Act, 2006 (Public Law 109–103), $25,000,000, to TITLE VIII—IMMIGRATION INJUNCTION automatic stay described in subparagraph remain available until expended. REFORM (A), other than an order to postpone the ef- (B) USE.—Of the amount appropriated for SEC. 8001. SHORT TITLE. fective date of the automatic stay for not ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- This title may be cited as the ‘‘Fairness in longer than 15 days under subparagraph (C), creased by subparagraph (A), $25,000,000 shall Immigration Litigation Act of 2006’’. shall be—

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3757 (i) treated as an order refusing to vacate, the automatic stay with respect to any such be available for activities to ensure real- modify, dissolve or otherwise terminate an pending motion under section 8002(b)(2). Any time and accurate gasoline and energy price injunction; and order, staying, suspending, delaying or oth- and supply data collection. (ii) immediately appealable under section erwise barring the effective date of this auto- (e) ENERGY SUPPLY AND CONSERVATION.— 1292(a)(1) of title 28, United States Code. matic stay with respect to pending motions (1) ADDITIONAL AMOUNT.—For an additional (c) SETTLEMENTS.— described in subsection (b) shall be an order amount for ‘‘ENERGY SUPPLY AND CONSERVA- (1) CONSENT DECREES.—In any civil action blocking an automatic stay subject to imme- TION’’ under the heading ‘‘DEPARTMENT OF pertaining to the administration or enforce- diate appeal under section 8002(b)(2)(D). ENERGY’’ of title III of the Energy and ment of the immigration laws of the United SA 3723. Mr. SCHUMER (for himself Water Development Appropriations Act, 2006 States, the court may not enter, approve, or (Public Law 109–103), $315,000,000. continue a consent decree that does not com- and Mr. REID) proposed an amendment (2) USE.—Of the amount appropriated for ply with subsection (a). to the bill H.R. 4939, making emer- ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- (2) PRIVATE SETTLEMENT AGREEMENTS.— gency supplemental appropriations for creased by paragraph (1), $315,000,000 shall be Nothing in this section shall preclude parties the fiscal year ending September 30, available to provide grants to State energy from entering into a private settlement 2006, and for other purposes; as follows: offices for— agreement that does not comply with sub- At the appropriate place, insert the fol- (A) the development and deployment of section (a) if the terms of that agreement are real-time information systems for energy not subject to court enforcement other than lowing: SEC. ll. MEASURES TO ADDRESS PRICE price and supply data collection and publica- reinstatement of the civil proceedings that tion; the agreement settled. GOUGING AND MARKET MANIPULA- TION. (B) programs and systems to help discover (d) EXPEDITED PROCEEDINGS.—It shall be (a) FEDERAL TRADE COMMISSION.— energy price gouging and market manipula- the duty of every court to advance on the (1) ADDITIONAL AMOUNT.—For an additional tion; docket and to expedite the disposition of any amount for ‘‘FEDERAL TRADE COMMISSION (C) critical energy infrastructure protec- civil action or motion considered under this SALARIES AND EXPENSES’’ under the heading tion; section. ‘‘RELATED AGENCIES’’ of title V of the (D) clean distributed energy projects that (e) DEFINITIONS.—In this section: Science, State, Justice, Commerce, and Re- promote energy security; and (1) CONSENT DECREE.—The term ‘‘consent lated Agencies Appropriations Act, 2006 (E) programs to encourage the adoption decree’’— (Public Law 109–108), $10,000,000. and implementation of energy conservation (A) means any relief entered by the court (2) USE.—Of the amount appropriated for and efficiency technologies and standards. that is based in whole or in part on the con- ‘‘FEDERAL TRADE COMMISSION SALARIES AND sent or acquiescence of the parties; and (f) GOVERNMENT ACCOUNTABILITY OFFICE.— EXPENSES’’, as increased by paragraph (1), (B) does not include private settlements. (1) ADDITIONAL AMOUNT.—For an additional $10,000,000 shall be available to investigate (2) GOOD CAUSE.—The term ‘‘good cause’’ amount for ‘‘SALARIES AND EXPENSES’’ under and enforce price gouging complaints and does not include discovery or congestion of the heading ‘‘GOVERNMENT ACCOUNT- other market manipulation activities by the court’s calendar. ABILITY OFFICE’’ of title I of the Legisla- companies engaged in the wholesale and re- (3) GOVERNMENT.—The term ‘‘Government’’ tive Branch Appropriations Act, 2006 (Public tail sales of gasoline and petroleum dis- means the United States, any Federal de- Law 109–55), $50,000. tillates. partment or agency, or any Federal agent or (2) USE.—Of the amount appropriated for (b) COMMODITY FUTURES TRADING COMMIS- official acting within the scope of official du- ‘‘SALARIES AND EXPENSES’’, as increased by SION.— ties. paragraph (1), $50,000 shall be available to (1) ADDITIONAL AMOUNT.—For an additional (4) PERMANENT RELIEF.—The term ‘‘perma- the Government Accountability for the prep- amount for ‘‘COMMODITY FUTURES TRADING nent relief’’ means relief issued in connec- aration of a report, to be submitted to the COMMISSION’’ under the heading ‘‘RELATED tion with a final decision of a court. appropriate committees of Congress not AGENCIES AND FOOD AND DRUG ADMIN- later than 90 days after the date of enact- (5) PRIVATE SETTLEMENT AGREEMENT.—The ISTRATION’’ of title VI of the Agriculture, term ‘‘private settlement agreement’’ means ment of this Act, that includes— Rural Development, Food and Drug Adminis- (A) a review of the mergers between Exxon an agreement entered into among the parties tration, and Related Agencies Appropria- that is not subject to judicial enforcement and Mobil, Chevron and Texaco, and Conoco tions Act, 2006 (Public Law 109–97), and Phillips, and other mergers of signifi- other than the reinstatement of the civil ac- $10,000,000. tion that the agreement settled. cant or comparable scale in the oil industry (2) USE.—Of the amount appropriated for (6) PROSPECTIVE RELIEF.—The term ‘‘pro- that have occurred since 1990, including an ‘‘COMMODITY FUTURES TRADING COMMISSION’’, assessment of the impact of the mergers on— spective relief’’ means temporary, prelimi- as increased by paragraph (1), $10,000,000 nary, or permanent relief other than com- (i) market concentration; shall be available for activities— (ii) the ability of the companies to exercise pensatory monetary damages. (A) to enhance investigation of energy de- SEC. 8003. EFFECTIVE DATE. market power; rivatives markets; (iii) wholesale prices of petroleum prod- (a) IN GENERAL.—This title shall apply (B) to ensure that speculation in those ucts; and with respect to all orders granting prospec- markets is appropriate and reasonable; and (iv) the retail prices of petroleum products; tive relief in any civil action pertaining to (C) for data systems and reporting pro- (B) an assessment of the impact that viti- the administration or enforcement of the im- grams that can uncover real-time market ating the mergers reviewed under subpara- migration laws of the United States, whether manipulation activities. graph (A) would have on each of the matters such relief was ordered before, on, or after (c) SECURITIES AND EXCHANGE COMMIS- described in clauses (i) through (iv) of sub- the date of the enactment of this Act. SION.— paragraph (A); (b) PENDING MOTIONS.—Every motion to va- (1) ADDITIONAL AMOUNT.—For an additional (C) an assessment of the impact of prohib- cate, modify, dissolve or otherwise termi- amount for ‘‘SECURITIES AND EXCHANGE COM- iting any 1 company from simultaneously nate an order granting prospective relief in MISSION SALARIES AND EXPENSES ’’ under the owning assets in each of the oil industry sec- any such action, which motion is pending on heading ‘‘RELATED AGENCIES’’ of title V tors of exploration, refining and distribution, the date of the enactment of this Act, shall of the Science, State, Justice, Commerce, and retail on each of the matters described be treated as if it had been filed on such date and Related Agencies Appropriations Act, in clauses (i) through (iv) of subparagraph of enactment. 2006 (Public Law 109–108), $5,000,000. (A); and (c) AUTOMATIC STAY FOR PENDING MO- (2) USE.—Of the amount appropriated for (D) an assessment of— TIONS.— ‘‘SECURITIES AND EXCHANGE COMMISSION SAL- (i) the effectiveness of divestitures ordered (1) IN GENERAL.—An automatic stay with ARIES AND EXPENSES’’, as increased by para- by the Federal Trade Commission in pre- respect to the prospective relief that is the graph (1), $5,000,000 shall be available for re- venting market concentration as a result of subject of a motion described in subsection view and analysis of major integrated oil and oil industry mergers approved since 1995; and (b) shall take effect without further order of gas company reports and filings for compli- (ii) the effectiveness of the Federal Trade the court on the date which is 10 days after ance with disclosure, corporate governance, Commission in identifying and preventing— the date of the enactment of this Act if the and related requirements. (I) market manipulation; motion— (d) ENERGY INFORMATION ADMINISTRA- (II) commodity withholding; (A) was pending for 45 days as of the date TION.— (III) collusion; and of the enactment of this Act; and (1) ADDITIONAL AMOUNT.—For an additional (IV) other forms of market power abuse in (B) is still pending on the date which is 10 amount for ‘‘ENERGY INFORMATION ADMINIS- the oil industry. days after such date of enactment. TRATION’’ under the heading ‘‘DEPARTMENT (2) DURATION OF AUTOMATIC STAY.—An OF ENERGY’’ of title III of the Energy and (g) EMERGENCY DESIGNATION.—The automatic stay that takes effect under para- Water Development Appropriations Act, 2006 amounts provided under this section are des- graph (1) shall continue until the court en- (Public Law 109–103), $10,000,000. ignated as an emergency requirement pursu- ters an order granting or denying the Gov- (2) USE.—Of the amount appropriated for ant to section 402 of H. Con. Res. 95 (109th ernment’s motion under section 8002(b). ‘‘ENERGY INFORMATION ADMINISTRATION’’, as Congress), the concurrent resolution on the There shall be no further postponement of increased by paragraph (1), $10,000,000 shall budget for fiscal year 2006.

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3758 CONGRESSIONAL RECORD — SENATE April 27, 2006 SA 3724. Mr. SCHUMER proposed an SA 3725. Mr. SMITH (for himself and (1) persons or entities, including federally amendment to the bill H.R. 4939, mak- Mr. WYDEN) submitted an amendment recognized Indian tribes, which have experi- ing emergency supplemental appropria- intended to be proposed by him to the enced significant economic hardship as a re- tions for the fiscal year ending Sep- bill H.R. 4939, making emergency sup- sult of Federal fisheries closures or fishing tember 30, 2006, and for other purposes; restrictions; plemental appropriations for the fiscal (2) small businesses including fishermen, as follows: year ending September 30, 2006, and for fish processors, and related businesses serv- At the appropriate place, insert the fol- other purposes; which was ordered to ing the fishing industry including, but not lowing: lie on the table; as follows: limited to, cold storage facilities, ice houses, SEC. ll. MARITIME CONTAINER SECURITY. On page 141, between lines 5 and 6, insert docks, and other related shoreside fishery (a) MARITIME CONTAINER INSPECTIONS.— the following: support facilities and infrastructure; and (1) IN GENERAL.—Beginning on the date on EMERGENCY DISASTER ASSISTANCE (3) State and local governments adversely which regulations are issued under sub- affected by reductions in fish landing fees (a) The Secretary of Commerce shall make section (d), a maritime cargo container may and other fishing-related revenue. a direct payment to the Pacific States Ma- not be shipped to the United States from any (b) Payments authorized by this section rine Fisheries Commission for distribution port participating in the Container Security may be used only in areas declared by the to mitigate the economic losses caused by Initiative (CSI) unless— Governor of a State to be in a state of emer- Federal fisheries restrictions put in place to (A) the container has passed through a ra- gency due to Klamath River basin conditions meet the needs of Klamath River Fall Chi- diation detection device; and limitations on ocean commercial and nook Salmon. The money provided to the Pa- (B) the container has been scanned using sport salmon fishing. gamma-ray, x-ray, or another internal imag- cific States Marine Fisheries Commission (c) Such payments may be made for the ing system; shall be distributed to— purposes described in section 312(a)(2) of the (1) persons or entities, including federally (C) the container has been tagged and Magnuson-Stevens Fishery Conservation and recognized Indian tribes, which have experi- catalogued using an on-container label, radio Management Act (16 U.S.C. 1861a(a)(2)). frequency identification, or global posi- enced significant economic hardship as a re- (d) Not more than 4 percent of such pay- tioning system tracking device; and sult of Federal fisheries closures or fishing ments provided to the Pacific States Marine (D) the images created by the scans re- restrictions; Fisheries Commission for disaster relief dis- (2) small businesses including fishermen, quired under subparagraph (B) have been re- tributions may be used for administrative fish processors, and related businesses serv- viewed and approved by the Office of Con- expenses, and none of such payments may be ing the fishing industry including, but not tainer Evaluation and Enforcement estab- used for lobbying activities or representa- limited to, cold storage facilities, ice houses, lished under subsection (b). tional expenses. Any funds not distributed docks, and other related shore-side fishery (2) MODEL.— by the end of fiscal year 2008 shall be re- support facilities and infrastructure; and (A) IN GENERAL.—Except as provided under turned to the Treasury. (3) State and local governments adversely subparagraph (B), the Secretary of Homeland (e) The Secretary of Commerce shall re- affected by reductions in fish landing fees Security shall model the inspection system quire the Pacific States Marine Fisheries and other fishing-related revenue. described in paragraph (1) after the Inte- Commission to, not later than 6 months (b) Payments authorized by this section grated Container Inspection System estab- after receiving a payment authorized by this may be used only in areas declared by the lished at the Port of Hong Kong. section, and every 6 months thereafter, sub- Governor of a State to be in a state of emer- (B) NEW TECHNOLOGY.—The Secretary is mit to the Secretary of Commerce and the gency due to Klamath River basin conditions not required to use the same companies or Committee on Appropriations of the House and limitations on ocean commercial and specific technologies installed at the Port of of Representatives and the Senate a report sport salmon fishing. Hong Kong if a more advanced technology is (c) Such payments may be made for the listing the persons and entities to whom the available. purposes described in section 312(a)(2) of the payment was distributed and the rationale (b) CONTAINER EVALUATION AND ENFORCE- Magnuson-Stevens Fishery Conservation and for such distributions. MENT UNIT.— (f) For the purposes of the Internal Rev- Management Act (16 U.S.C. 1861a(a)(2)). (1) ESTABLISHMENT.—There is established, (d) Not more than 4 percent of such pay- enue Code of 1986— within Bureau of Customs and Border Pro- ments provided to the Pacific States Marine (1) gross income shall not include any tection of the Department of Homeland Se- Fisheries Commission for disaster relief dis- amount received as a payment or distribu- curity, the Office of Container Evaluation tributions may be used for administrative tion under subsection (a); and and Enforcement, which shall receive and expenses, and none of such payments may be (2) rules similar to the rules of subsections process images of maritime cargo containers used for lobbying activities or representa- (g)(3) and (h) of section 139 of such Code shall received from CSI ports. tional expenses. Any funds not distributed apply with respect to any amount excluded (2) AUTHORIZATION OF APPROPRIATIONS.— by the end of fiscal year 2008 shall be re- under subparagraph (1). There are appropriated, out of any money in (g) There is appropriated to the Secretary turned to the Treasury. the Treasury not otherwise appropriated, for (e) The Secretary of Commerce shall re- of Commerce $81,000,000 to make payments the fiscal year ending September 30, 2006, quire the Pacific States Marine Fisheries under this section for fisheries disaster as- $5,000,000, to remain available until ex- Commission to, not later than 6 months sistance. The amount provided under this pended, to hire and train customs inspectors after receiving a payment authorized by this subsection is designated as an emergency re- to carry out the responsibilities described in section, and every 6 months thereafter, sub- quirement pursuant to section 402 of H. Con. paragraph (1). The amount provided under mit to the Secretary of Commerce and the Res. 95 (109th Congress), the concurrent reso- this heading is designated as an emergency Committee on Appropriations of the House lution on the budget for fiscal year 2006. requirement pursuant to section 402 of H. of Representatives and the Senate a report Mr. DODD (for himself and Con. Res. 95 (109th Congress), the concurrent listing the persons and entities to whom the SA 3727. resolution on the budget for fiscal year 2006. payment was distributed and the rationale Mr. LOTT) submitted an amendment in- (c) PORT SECURITY SUMMIT.—Not later than for such distributions. tended to be proposed by him to the 90 days after the date of the enactment of bill H.R. 4939, making emergency sup- this Act, the Secretary of Homeland Secu- SA 3726. Mr. SMITH (for himself and rity shall convene a port security summit plemental appropriations for the fiscal with representatives from the major inter- Mr. WYDEN) submitted an amendment year ending September 30, 2006, and for national shipping companies to address— intended to be proposed by him to the other purposes; which was ordered to (1) gaps in port security; and bill H.R. 4939, making emergency sup- lie on the table; as follows: (2) the means to implement the provisions plemental appropriations for the fiscal On page 203, strike line 8 and insert the fol- of this section. year ending September 30, 2006, and for lowing: ULEMAKING.— (d) R other purposes; which was ordered to INDEPENDENT AGENCIES (1) DRAFT REGULATIONS.—Not later than 180 lie on the table; as follows: days after the date of the enactment of this ELECTION ASSISTANCE COMMISSION Act, the Secretary of Homeland Security On page 141, between lines 5 and 6, insert ELECTION ASSISTANCE shall submit, to the Committee on Com- the following: For purposes of making discretionary pay- merce, Science, and Transportation of the EMERGENCY DISASTER ASSISTANCE ments to States affected by Hurricane Senate and the Committee on Homeland Se- (a) The Secretary of Commerce shall make Katrina and other hurricanes during the 2005 curity of the House of Representatives, draft a direct payment to the Pacific States Ma- season to restore and replace supplies, mate- regulations to carry out subsection (a) and a rine Fisheries Commission for distribution rials, records, equipment, and technology detailed plan to implement such regulations. to mitigate the economic losses caused by used in the administration of Federal elec- (2) FINAL REGULATIONS.—Not later than 3 Federal fisheries restrictions put in place to tions and to ensure the full participation of years after the date of the enactment of this meet the needs of Klamath River Fall Chi- individuals displaced by such hurricanes, Act, the Secretary of Homeland Security nook Salmon. The money provided to the Pa- $30,000,000: Provided, That any such funds shall issue final regulations to carry out sub- cific States Marine Fisheries Commission shall be used in a manner that is consistent section (a). shall be distributed to— with title III of the Help America Vote Act

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3759 of 2002: Provided further, That the amount tion to the Evidence’’ on Thursday, privilege of the floor for the duration provided under this heading is designated as April 27, 2006, at 2:30 p.m. in Room 226 of my remarks. an emergency requirement pursuant to sec- of the Dirksen Senate Office Building. The PRESIDENT pro tempore. With- tion 402 of H. Con. Res. 95 (109th Congress), out objection, it is so ordered. the concurrent resolution on the budget for Witness List fiscal year 2006. Mr. CHAMBLISS. I ask that a mem- Panel I: The Honorable F. James ber of my staff, Mr. Justin Golshir, be f Sensenbrenner, Jr., United States granted the privileges of the floor dur- AUTHORITY FOR COMMITTEES TO House of Representatives, R–5th Dis- ing the consideration of this amend- MEET trict-WI, Chairman, House Committee ment. COMMITTEE ON ARMED SERVICES on the Judiciary; The Honorable John The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, I ask Conyers, Jr., United States House of objection, it is so ordered. unanimous consent that the Com- Representatives, D–14th District-MI, Mr. CHAMBLISS. Mr. President, I mittee on Armed Services be author- Ranking Member, House Committee on yield the floor. the Judiciary. ized to meet during the session of the f Senate on Thursday, April 27, 2006, at The PRESIDING OFFICER. Without 10 a.m., in closed session, to receive an objection, it is so ordered. EXECUTIVE SESSION operations and intelligence briefing. COMMITTEE ON VETERANS’ AFFAIRS f The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, I ask EXECUTIVE CALENDAR objection, it is so ordered. unanimous consent that the Com- COMMITTEE ON THE JUDICIARY mittee on Veterans’ Affairs be author- Mr. FRIST. Mr. President, I ask Mr. COCHRAN. Mr. President, I ask ized to meet during the session of the unanimous consent that the Senate unanimous consent that the Com- Senate on Thursday, April 27, 2006, to proceed to executive session to con- mittee on the Judiciary be authorized markup the nomination of Daniel L. sider the following nominations on to- to meet to conduct a markup on Thurs- Cooper to be Under Secretary for Bene- day’s Executive Calendar: Calendar day, April 27, 2006 at 9:30 a.m. in Senate fits of the Department of Veterans Af- Nos. 605 through 612, and all nomina- Dirksen Office Building Room 226. fairs; and to hold a hearing titled ‘‘VA tions on the Secretary’s desk. I further Research: Investing Today to Guide ask unanimous consent that the nomi- Agenda Tomorrow’s Treatment.’’ The meeting nations be confirmed, en bloc, the mo- I. Nominations: Norman Randy will take place in room 418 of the Rus- tions to reconsider be laid upon the Smith, to be U.S. Circuit Judge for the sell Senate Office Building at 10 a.m. table, the President be immediately Ninth Circuit; Brett Kavanaugh, to be The PRESIDING OFFICER. Without notified of the Senate’s action, and the U.S. Circuit Judge for the DC Circuit; objection, it is so ordered. Senate then return to legislative ses- Michael Ryan Barrett, to be United SELECT COMMITTEE ON INTELLIGENCE sion. States District Judge for the Southern Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. Without District of Ohio; Brian M. Cogan, to be unanimous consent that the Select objection, it is so ordered. United States District Judge for the Committee on Intelligence be author- The nominations considered and con- Eastern District of New York; Thomas ized to meet during the session of the firmed en bloc are as follows: M. Golden, to be United States District Senate on April 27, 2006 at 2:30 p.m. to IN THE AIR FORCE Judge for the Eastern District of Penn- hold a closed business meeting, The following named officer for appoint- sylvania; Timothy Anthony Junker, to The PRESIDING OFFICER. Without ment in the United States Air Force to the be United States Marshal for the objection, it is so ordered. grade indicated under title 10, U.S.C., section 624: Northern District of Iowa; Patrick SUBCOMMITTEE ON DISASTER PREVENTION AND Smith, to be United States Marshal for PREDICTION To be major general the Western District of North Carolina. Mr. COCHRAN. Mr. President, I ask Brig. Gen. Thomas J. Loftus, 0000 II. Bills: S. 2257, Oil and Gas Industry unanimous consent that the Sub- The following named officers for appoint- Antitrust Act of 2006, Specter, Kohl, committee on Disaster Prevention and ment in the United States Air Force to the DeWine, Leahy, Feinstein, Durbin; S. Prediction be authorized to meet on grade indicated under title 10, U.S.C., section 2453, National Security Surveillance Thursday, April 27, 2006, at 10 a.m., on 624: Act of 2006, Specter; S. 2455, Terrorist Drought. To be major general Surveillance Act of 2006, DeWine, Gra- The PRESIDING OFFICER. Without Brigadier General Chris T. Anzalone, 0000 ham; S. 2468, A bill to provide standing objection, it is so ordered. Brigadier General Kurt A. Cichowski, 0000 Brigadier General Thomas F. Deppe, 0000 for civil actions for declaratory and in- SUBCOMMITTEE ON THE WESTERN HEMISPHERE, junctive relief to persons who refrain Brigadier General Paul A. Dettmer, 0000 PEACE CORPS, AND NARCOTICS AFFAIRS Brigadier General William L. Holland, 0000 from electronic communications Mr. COCHRAN. Mr. President, I ask Brigadier General Ronald R. Ladnier, 0000 through fear of being subject to unanimous consent that the Sub- Brigadier General Erwin F. Lessel, III, 0000 warrantless electronic surveillance for committee on Western Hemisphere, Brigadier General John W. Maluda, 0000 foreign intelligence purposes, and for Peace Corps, and Narcotics Affairs be Brigadier General Mark T. Matthews, 0000 other purposes, Schumer; S. 2292, A bill authorized to meet during the session Brigadier General Gary T. McCoy, 0000 to provide relief for the Federal judici- of the Senate on Thursday, April 27, Brigadier General Stephen J. Miller, 0000 Brigadier General Thomas J. Owen, 0000 ary from excessive rent charges, Spec- 2006, at 2:30 p.m. to hold a hearing on ter, Leahy, Cornyn, Feinstein, Biden; Brigadier General Richard E. Perraut, Jr., Implementing the Western Hemisphere 0000 S. 489, Federal Consent Decree Fairness Travel Initiative. Brigadier General Polly A. Peyer, 0000 Act, Alexander, Kyl, Cornyn, Graham, The PRESIDING OFFICER. Without Brigadier General Douglas L. Raaberg, 0000 Hatch. objection, it is so ordered. Brigadier General Jeffrey A. Remington, 0000 III. Matters: S.J. Res. 1, Marriage Brigadier General Robertus C.N. Remkes, f Protection Amendment, Allard, Ses- 0000 sions, Kyl, Hatch, Cornyn, Coburn, PRIVILEGES OF THE FLOOR Brigadier General Frederick F. Roggero, 0000 Brigadier General Marshall K. Sabol, 0000 Brownback, DeWine. Mr. THUNE. Mr. President, I ask The PRESIDING OFFICER. Without Brigadier General Paul J. Selva, 0000 unanimous consent that Kevin Howard, Brigadier General Richard E. Webber, 0000 objection, it is so ordered. a defense fellow in my office, be grant- Brigadier General Thomas B. Wright, 0000 COMMITTEE ON THE JUDICIARY ed the privilege of the floor for the re- Brigadier General Mark R. Zamzow, 0000 Mr. COCHRAN. Mr. President, I ask mainder of the year. The following Air National Guard of the unanimous consent that the Senate The PRESIDENT pro tempore. With- United States officer for appointment in the Committee on the Judiciary be author- out objection, it is so ordered. Reserve of the Air Force to the grade indi- ized to meet to conduct a hearing on Mr. REED. Mr. President, I ask unan- cated under title 10, U.S.C., section 12203: ‘‘Renewing the Temporary Provisions imous consent that a fellow in my of- To be brigadier general of the Voting Rights Act: An Introduc- fice, Jason Schneider, be granted the Col. Steven Westgate, 0000

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3760 CONGRESSIONAL RECORD — SENATE April 27, 2006 IN THE ARMY MICHELLE K. ZIMMERMAN, which nomina- The PRESIDING OFFICER. Objec- The following named officer for appoint- tions were received by the Senate and ap- tion is heard. ment in the United States Army to the grade peared in the Congressional Record of April f indicated while assigned to a position of im- 5, 2006. portance and responsibility under title 10, IN THE ARMY FILING OF FIRST-DEGREE U.S.C., section 601: PN1418 ARMY nomination of David M. AMENDMENTS H.R. 4939 To be lieutenant general Lind, which was received by the Senate and Mr. FRIST. Mr. President, I ask appeared in the Congressional Record of Lt. Gen. Franklin L. Hagenbeck, 0000 unanimous consent that first-degree The following named officer for appoint- March 27, 2006. PN1419 ARMY nominations (2) beginning amendments to the supplemental be ment in the United States Army to the grade filed at the desk in accordance with indicated while assigned to a position of im- MARY M. SUNSHINE, and ending DEBRA portance and responsibility under title 10, CHAPPEL, which nominations were received rule XXII no later than 2:30 p.m. on U.S.C., section 601: by the Senate and appeared in the Congres- Monday. sional Record of March 27, 2006. To be lieutenant general The PRESIDING OFFICER. Without PN1420 ARMY nomination of Jacqueline P. objection, it is so ordered. Maj. Gen. Michael D. Rochelle, 0000 Allen, which was received by the Senate and The following named officer for appoint- appeared in the Congressional Record of f ment as Assistant Surgeon General/Chief of March 27, 2006. COMMENDING PUBLIC SERVANTS the Dental Corps, United States Army and PN1421 ARMY nominations (7) beginning for appointment to the grade indicated under VALERIE MCDAVID, and ending CATH- Mr. FRIST. Mr. President, I ask title 10, U.S.C., sections 3036 and 3039: LEEN STERLING, which nominations were unanimous consent that the Homeland To be major general received by the Senate and appeared in the Security and Governmental Affairs Col. Russell J. Czerw, 0000 Congressional Record of March 27, 2006. Committee be discharged from further PN1422 ARMY nomination of Charles C. IN THE MARINE CORPS consideration and that the Senate now Dodd, which was received by the Senate and The following named officer for appoint- appeared in the Congressional Record of proceed to S. Res. 412 ment in the United States Marine Corps to March 27, 2006. The PRESIDING OFFICER. Without the grade indicated while assigned to a posi- PN1423 ARMY nominations (2) beginning objection, it is so ordered. The clerk tion of importance and responsibility under ALVIS DUNSON, and ending FRANCIS WIL- will report the bill by title. title 10, U.S.C., section 601: LIAMS, which nominations were received by The legislative clerk read as follows: To be lieutenant general the Senate and appeared in the Congres- A resolution (S. Res. 412) expressing the Maj. Gen. Frances C. Wilson, 0000 sional Record of March 27, 2006. sense of the Senate that public servants IN THE NAVY PN1432 ARMY nominations (13) beginning should be commended for their dedication SOONJA CHOI, and ending MEHDY The following named officer for appoint- and continued service to the Nation during ZARANDY, which nominations were received ment in the United States Navy to the grade Public Service Recognition Week May 1 by the Senate and appeared in the Congres- indicated while assigned to a position of im- through 7, 2006. sional Record of March 30, 2006. portance and responsibility under title 10, PN1438 ARMY nomination of E. N. Steely There being no objection, the Senate U.S.C., section 601: III, which was received by the Senate and ap- proceeded to consider the resolution. To be vice admiral peared in the Congressional Record of April Mr. FRIST. Mr. President, I ask Rear Adm. Nancy E. Brown, 0000 5, 2006. unanimous consent that the resolution NOMINATIONS PLACED ON THE SECRETARY’S IN THE MARINE CORPS be agreed to, the preamble be agreed DESK PN1244 MARINE CORPS nomination of to, and the motion to reconsider be laid IN THE AIR FORCE Sanford P. Pike, which was received by the upon the table. PN1393 Air Force nominations beginning Senate and appeared in the Congressional The PRESIDING OFFICER. Without KRISTINE M. UTORINO, and ending Record of January 31, 2006. objection, it is so ordered. TIWANA L. WRIGHT, which nominations PN1266 MARINE CORPS nomination of The resolution (S. Res. 412) was were received by the Senate and appeared in Jayson A. Brayall, which was received by the agreed to. the Congressional Record of March 13, 2006. Senate and appeared in the Congressional PN1410 Air Force nomination of Rex R. Record of February 1, 2006. The preamble was agreed to. Kiziah, which was received by the Senate The resolution, with its preamble, IN THE NAVY and appeared in the Congressional Record of reads as follows: PN1226 NAVY nomination of Paul W. Mar- March 27, 2006. S. RES. 412 PN1411 Air Force nomination of Maureen quis, which was received by the Senate and Whereas Public Service Recognition Week McCarthy, which was received by the Senate appeared in the Congressional Record of Jan- provides an opportunity to recognize the im- and appeared in the Congressional Record of uary 27, 2006. portant contributions of public servants and March 27, 2006. f PN1412 Air Force nomination of Joseph A. honor the men and women who meet the Weber Jr., which was received by the Senate LEGISLATIVE SESSION needs of the Nation through work at all lev- and appeared in the Congressional Record of The PRESIDING OFFICER. Under els of government; March 27, 2006. Whereas millions of individuals work in the previous order, the Senate will now government service in every city, county, PN1413 Air Force nomination of Daniel J. return to legislative session. McGraw, which was received by the Senate and State across America and in hundreds of and appeared in the Congressional Record of f cities abroad; March 27, 2006. Whereas public service is a noble calling MEASURE READ THE FIRST involving a variety of challenging and re- PN1414 Air Force nominations (2) begin- TIME—H.R. 5020 ning CONSTANCE C. MCNABB, and ending warding professions; AMY L. WALKER, which nominations were Mr. FRIST. Mr. President, I under- Whereas Federal, State, and local govern- received by the Senate and appeared in the stand there is a bill at the desk and I ments are responsive, innovative, and effec- Congressional Record of March 27, 2006. ask for its first reading. tive because of the outstanding work of pub- lic servants; PN1415 Air Force nominations (2) begin- The PRESIDING OFFICER. The ning KENNETH R. FRANKLIN, and ending Whereas the United States of America is a MICHAEL S. PETERS, which nominations clerk will report the bill by title. great and prosperous Nation, and public were received by the Senate and appeared in The legislative clerk read as follows: service employees contribute significantly to the Congressional Record of March 27, 2006. A bill (H.R. 5020) to authorize appropria- that greatness and prosperity; PN1416 Air Force nominations (9) begin- tions for fiscal year 2007 for intelligence and Whereas the Nation benefits daily from the ning PETER L. BARRENECHEA, and ending intelligence-related activities of the United knowledge and skills of these highly trained RALPH M. SUTHERLIN, which nominations States Government, the Community Man- individuals; were received by the Senate and appeared in agement Account, and the Central Intel- Whereas public servants— the Congressional Record of March 27, 2006. ligence Agency Retirement and Disability (1) provide vital strategic support func- PN1417 Air Force nominations (78) begin- System, and for other purposes. tions to our military and serve in the Na- ning DAVID G. ALLEN, and ending DAVID Mr. FRIST. Mr. President, I now ask tional Guard and Reserves; D. ZWART, which nominations were received (2) fight crime and fire; by the Senate and appeared in the Congres- for a second reading and, in order to (3) ensure equal access to secure, efficient, sional Record of March 27, 2006. place the bill on the calendar under the and affordable mail service; PN1437 Air Force nominations (1830) begin- provisions of rule XIV, I object to my (4) deliver social security and medicare ning THOMAS E. BALDWIN, and ending own request. benefits;

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3761 (5) fight disease and promote better health; proceed to the en bloc consideration of an attempt to restore the democratic polit- (6) protect the environment and the Na- S. Res. 451, S. Res. 452, S. Res. 453, and ical process; tion’s parks; S. Res. 454, which are at the desk. Whereas on April 10, 2006, the Department (7) enforce laws guaranteeing equal em- of State declared that King Gyanendra’s ployment opportunities and healthy working The PRESIDING OFFICER. Without objection, it is so ordered. February 2005 decision ‘‘to impose direct pal- conditions; ace rule in Nepal has failed in every regard’’ (8) defend and secure critical infrastruc- Mr. FRIST. Mr. President, I ask and called on the King to restore democracy ture; unanimous consent that the resolu- immediately and to begin a dialogue with (9) help the Nation recover from natural tions be agreed to, the preambles be Nepal’s political parties; disasters and terrorist attacks; agreed to, and the motions to recon- (10) teach and work in our schools and li- Whereas King Gyanendra ordered a crack- braries; sider be laid upon the table, all en bloc. down on the protests, which has left at least (11) improve and secure our transportation The PRESIDING OFFICER. Without 14 Nepali citizens dead and hundreds injured systems; objection, it is so ordered. by the security forces of Nepal; (12) keep the Nation’s economy stable; and The resolutions were agreed to. Whereas the people of Nepal are suffering (13) defend our freedom and advance United The preambles were agreed to. hardship due to food shortages and lack of States interests around the world; The resolutions, with their pre- sufficient medical care because of the pre- Whereas members of the uniformed serv- ambles, read as follows: vailing political crisis; ices and civilian employees at all levels of Whereas King Gyanendra announced on government make significant contributions S. RES. 451 April 21, 2006, that the executive power of to the general welfare of the United States, Whereas, in 1990, Nepal adopted a constitu- Nepal shall be returned to the people and and are on the front lines in the fight tion that enshrined multi-party democracy called on the seven-party alliance to name a against terrorism and in maintaining home- under a constitutional monarchy, ending 3 new prime minister to govern the country in land security; decades of absolute monarchical rule; accordance with the 1990 Constitution of Whereas public servants work in a profes- Whereas, since 1996, Maoist insurgents Nepal; sional manner to build relationships with have waged a violent campaign to replace Whereas the seven-party alliance subse- other countries and cultures in order to bet- the constitutional monarchy with a com- quently rejected King Gyanendra’s April 21, ter represent America’s interests and pro- munist republic, which has resulted in wide- 2006 statement and called on him to rein- mote American ideals; spread human rights violations by both sides state parliament and allow for the establish- Whereas public servants alert Congress and and the loss of an estimated 12,000 lives; ment of a constituent assembly to draw up a the public to government waste, fraud, Whereas the Maoist insurgency grew out of new constitution; abuse, and dangers to public health; the radicalization and fragmentation of left Whereas on April 24, 2006, King Gyanendra Whereas the men and women serving in the wing parties following Nepal’s transition to announced that he would reinstate the Par- Armed Forces of the United States, as well democracy in 1990; liament of Nepal on April 28, 2006, and apolo- as those skilled trade and craft Federal em- Whereas, on June 1, 2001, King Birendra, gized for the deaths and injuries that oc- ployees who provide support to their efforts, Queen Aishwarya and other members of the curred during the recent demonstrations, but are committed to doing their jobs regardless Royal family were murdered, leaving the did not address the issue of constitutional of the circumstances, and contribute greatly throne to the slain King’s brother, the cur- revision; rent King Gyanendra; to the security of the Nation and the world; Whereas political party leaders have wel- Whereas public servants have bravely Whereas, in May 2002, in the face of in- comed King Gyanendra’s April 24th an- fought in armed conflict in defense of this creasing Maoist violence, Prime Minister nouncement and stated that the first action Nation and its ideals and deserve the care Sher Bahadur Deuba dissolved the Par- of the reconvened parliament will be the and benefits they have earned through their liament of Nepal; scheduling of elections for a constituent as- honorable service; Whereas, in October 2002, King Gyanendra Whereas government workers have much dismissed Prime Minister Deuba; sembly to redraft the Constitution of Nepal. to offer, as demonstrated by their expertise Whereas, in June 2004, after the unsuccess- Now, therefore, be it and innovative ideas, and serve as examples ful tenures of 2 additional palace-appointed Resolved, That the Senate— by passing on institutional knowledge to prime ministers, King Gyanendra re- (1) expresses its support for the recon- train the next generation of public servants; appointed Prime Minister Deuba and man- vening of the Parliament of Nepal and for an Whereas May 1 through 7, 2006, has been dated that he hold general elections by April immediate, peaceful transition to democ- designated Public Service Recognition Week 2005; racy; to honor America’s Federal, State, and local Whereas, on February 1, 2005, King (2) commends the desire of the people of government employees; and Gyanendra accused Nepali political leaders Nepal for a democratic system of govern- Whereas Public Service Recognition Week of failing to solve the Maoist problem, seized ment and expresses its support for their is celebrating its 22nd anniversary through absolute control of Nepal by dismissing and right to protest peacefully in pursuit of this job fairs, student activities, and agency ex- detaining Prime Minister Deuba and declar- goal; hibits: Now, therefore, be it ing a state of emergency, temporarily shut (3) acknowledges the April 24, 2006 state- Resolved, That the Senate— down Nepal’s communications, detained hun- ment by King Gyanendra regarding his in- (1) commends public servants for their out- dreds of politicians and political workers, tent to reinstate the Parliament of Nepal; standing contributions to this great Nation and limited press and other constitutional (4) urges the Palace, the political parties, during Public Service Recognition Week and freedoms; and the Maoists to immediately support a throughout the year; Whereas, in November 2005, the main- process that returns the country to multi- (2) salutes their unyielding dedication and stream political parties formed a seven- party democracy and creates the conditions spirit for public service; party alliance with the Maoists and agreed for peace and stability in Nepal; (3) honors those government employees to a 12 point agenda that called for a restruc- (5) declares that the transition to democ- who have given their lives in service to their turing of the government of Nepal to include racy in Nepal must be peaceful and that vio- country; an end to absolute monarchical rule and the lence conducted by any party is unaccept- (4) calls upon a new generation of workers formation of an interim all-party govern- able and risks sending Nepal into a state of to consider a career in public service as an ment with a view to holding elections for a anarchy; honorable profession; and constituent assembly to rewrite the Con- (6) calls on security forces of Nepal to exer- (5) encourages efforts to promote public stitution of Nepal; cise maximum restraint and to uphold the service careers at all levels of government. Whereas, since February 2005, King highest standards of conduct in their re- f Gyanendra has promulgated dozens of ordi- sponse to the protests; nances without parliamentary process that (7) urges the immediate release of all polit- RECONVENING THE PARLIAMENT violate basic freedoms of expression and as- ical detainees and the restoration of full ci- OF NEPAL sociation, including the Election Code of vilian and political rights, including freedom Conduct that seeks to limit media freedom of association, expression, and assembly; in covering elections and the Code of Con- (8) urges the Maoists to lay down their AMERICAN BALLET THEATRE duct for Social Organizations that bars staff arms and to pursue their goals through par- of nongovernmental organizations from hav- ticipation in a peaceful political process; and ing political affiliations; (9) calls on the Government of the United CONGRATULATING CHARTER Whereas King Gyanendra ordered the ar- States to work closely with other govern- SCHOOLS rest of hundreds of political workers in Janu- ments, including the governments of India, ary 2006 before holding municipal elections China, the United Kingdom, and the Euro- on February 8, 2006, which the Department of pean Union, and with the United Nations to HONORING MALCOLM P. McLEAN State characterized as ‘‘a hollow attempt by ensure a common and coherent international the King to legitimize his power’’; approach that helps to bring about an imme- Mr. FRIST. Mr. President, I ask Whereas the people of Nepal have been diate peaceful transition to democracy and unanimous consent that the Senate peacefully protesting since April 6, 2006, in to end the violent insurgency in Nepal.

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S. RES. 452 Whereas 40 States and the District of Co- (2) Sea-Land Service Incorporated; Whereas American Ballet Theatre (known lumbia have passed laws authorizing charter Whereas those businesses were crucial to as ‘‘ABT’’) is recognized as one of the world’s schools; the growth of shipping and industry in New great dance companies; Whereas more than 3,600 charter schools Jersey; Whereas ABT is dedicated to bringing are now operating in 40 States and the Dis- Whereas the innovations of Mr. McLean dance to the United States and dance of the trict of Columbia, serving more than 1,000,000 have enabled businesses to create thousands United States to the world; students; of jobs that provide liveable wages for the Whereas, over its 65-year history, ABT has Whereas over the last 12 years, Congress citizens of New Jersey and other citizens of appeared in all 50 States of the United has provided nearly $1,775,000,000 in support the United States; States, in a total of 126 cities, and has per- to the charter school movement through fa- Whereas, on April 26, 1956, the first ship formed for more than 600,000 people annu- cilities financing assistance and grants for loaded with goods to be transported from the ally; planning, startup, implementation, and dis- United States in intermodal containers, the Whereas ABT has performed in 42 countries semination; Ideal X, set sail from Port Newark under the as perhaps the most representative ballet Whereas charter schools improve their stu- direction of Mr. McLean; company of the United States, with many of dents’ achievement and stimulate improve- Whereas 2006 marks the 50th anniversary of those engagements sponsored by the Depart- ment in traditional public schools; that historic event; ment of State; Whereas charter schools must meet the Whereas the Containerization and Inter- Whereas ABT has been home to the world’s student achievement accountability require- modal Institute in Holmdel, New Jersey, has most accomplished dancers and has commis- ments under the Elementary and Secondary planned activities to commemorate that oc- sioned works by all of the great choreo- Education Act of 1965 in the same manner as casion; and graphic geniuses of the 20th century; traditional public schools, and often set Whereas Mr. McLean was a transportation Whereas President Dwight D. Eisenhower higher and additional individual goals to en- pioneer whose remarkable achievements are recognized ABT’s ability to convey through sure that they are of high quality and truly worthy of recognition and commemoration: the medium of ballet ‘‘some measure of un- accountable to the public; Now, therefore, be it derstanding of America’s cultural environ- Whereas charter schools give parents new Resolved, That the Senate— ment and inspiration’’; freedom to choose their public school, rou- (1) celebrates the remarkable contribu- Whereas over the years ABT has performed tinely measure parental satisfaction levels, tions of Malcom P. McLean to the develop- repeatedly at the White House, most re- and must prove their ongoing success to par- ment of a new era of trade and commerce in cently in December 2005; ents, policymakers, and their communities; the United States through the Whereas ABT is committed to bringing Whereas nearly 56 percent of charter containerization of cargo; dance to a broad audience and provides expo- schools report having a waiting list, and the (2) honors the 50th anniversary of sure to dance to more than 20,000 underprivi- total number of students on all such waiting containerization, and recognizes the crucial leged children and their families each year; lists is enough to fill over 1,100 average-sized role that containerization has played in the Whereas ABT’s award-winning Make a Bal- charter schools; modernization of— let program and its other outreach initia- Whereas charter schools nationwide serve (A) shipping practices; and tives help to meet the need for arts edu- a higher percentage of low-income and mi- (B) the economy of the United States; and cation in underserved schools and commu- nority students than the traditional public (3) encourages all citizens to promote and nities; system; participate in celebratory activities that Whereas ABT’s Studio Company brings Whereas charter schools have enjoyed commemorate that landmark anniversary. world class ballet to smaller communities broad bipartisan support from the Adminis- Mr. ALEXANDER. Mr. President, I like— tration, Congress, State Governors and legis- am pleased that today the Senate (1) Rochester, New York; latures, educators, and parents across the (2) Stamford, Connecticut; passed a resolution to designate the United States; and (3) Sanibel, Florida; week of May 1 through May 6, 2006 as (4) South Hadley, Massachusetts; and Whereas the seventh annual National Charter Schools Week, to be held May 1 National Charter Schools Week. I was (5) Winston-Salem, North Carolina; and joined in offering this resolution by Whereas the Jacqueline Kennedy Onassis through 6, 2006, is an event sponsored by School at ABT and the ABT’s other artistic charter schools and grassroots charter Senators LIEBERMAN, GREGG, FRIST, development initiatives provide the highest school organizations across the United CARPER, VITTER, LANDRIEU, BURR, quality training consistent with the profes- States to recognize the significant impacts, COLEMAN, ALLARD, DEMINT, and MAR- sional standards of ABT: Now, therefore, be achievements, and innovations of charter TINEZ. it schools: Now, therefore, be it One of my last official acts as U.S. Resolved, That the Senate— Resolved, That— (1) the Senate acknowledges and com- Secretary of Education in 1992 was to (1) recognizes and commends the American write a letter to every school super- Ballet Theatre for over 65 years of service as mends charter schools and their students, ‘‘America’s National Ballet Company’’, dur- parents, teachers, and administrators across intendent in America urging them to ing which it has provided world class art to the United States for their ongoing contribu- create charter schools. That year, the audiences in all 50 States; tions to education and improving and Nation’s first charter school had (2) recognizes that the American Ballet strengthening our public school system; opened its doors in St. Paul, Min- Theatre also serves as a true cultural ambas- (2) the Senate supports the seventh annual nesota. I saw charter schools as ways sador for the United States, by having per- National Charter Schools Week; and to remove burdensome rules, regula- formed in 42 countries and fulfilling its rep- (3) it is the sense of the Senate that the people of the United States should conduct tions, and overhead so that teachers utation as one of the world’s most revered could have more opportunities to use and innovative dance companies; and appropriate programs, ceremonies, and ac- (3) recognizes that the American Ballet tivities to demonstrate support for charter their good judgment to help children Theatre’s extensive and innovative edu- schools during this week long celebration in and so parents could have more choices cation, outreach, and artistic development communities throughout the United States. of schools. This was the time when programs both train future generations of S. RES. 454 General Motors’ newest automobile great dancers and expose students to the Whereas Malcom P. McLean is widely rec- plant was a start-from-scratch facility arts. ognized as the father of containerization; making Saturn cars. Al Shanker, the S. RES. 453 Whereas the innovative idea of using inter- late president of the American Federa- Whereas charter schools deliver high-qual- modal containers suitable for rail, truck, and tion of Teachers, said then, ‘‘If we can ity education and challenge our students to maritime transportation revolutionized and have a Saturn plant, why not a Saturn reach their potential; streamlined the process of shipping goods, school?’’ A lot of educators agreed. allowed products to be moved to the market Whereas charter schools provide thousands Today, there are over 3,600 charter of families with diverse and innovative edu- more quickly, and reduced prices for con- cational options for their children; sumers; schools serving more than 1 million Whereas charter schools are public schools Whereas the use of containerization in students in 40 states and the District of authorized by a designated public entity that shipping practices enabled the United States Columbia. Over half of these schools re- are responding to the needs of our commu- to increase international trade by modern- port having waiting lists, and there are nities, families, and students and promoting izing and globalizing the economy of the enough students on these waiting lists the principles of quality, choice, and innova- United States; to fill another 1,100 average-sized char- tion; Whereas Mr. McLean launched numerous ter schools. Whereas in exchange for the flexibility and successful transportation businesses that autonomy given to charter schools, they are were located in the Port of Newark, New Jer- Charter schools play a unique role in held accountable by their sponsors for im- sey, including— public education by offering students a proving student achievement and for their fi- (1) the Pan-Atlantic Steamship Company; variety of options to meet their dif- nancial and other operations; and ferent learning needs and styles. They

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 27, 2006 CONGRESSIONAL RECORD — SENATE S3763 vary in specific mission and focus, but end of eighth grade, MASE students— Charter schools in other parts of the not in their commitment to excellence who were failing or at risk of failing in country also leapt into action to serve and preparing students to succeed. In their previous schools—more than dou- students impacted by Katrina. After return for autonomy and freedom from bled their pass rates on State reading, the hurricane, the high-performing burdensome regulations and policies, math and science tests compared to Knowledge is Power Program (KIPP), they accept strict accountability for their achievement in sixth grade prior in partnership with the Houston Inde- academic and fiscal success. If charter to entering MASE. Last year, MASE pendent School District and Teach For schools fail to educate their students was the second highest performing America, exhibited extraordinary lead- well and meet the goals of their char- school—public or charter—in Memphis, ership by quickly opening a new char- ters, they are closed. and a University of Memphis study ter school in Houston—New Orleans Charter schools are raising student found that MASE seventh graders West College Prep—to serve over 300 achievement. Research shows that scored better on the state math assess- students in grades K–8 displaced by charter school students are more likely ment than similar students in public Hurricane Katrina. to be proficient in reading and math schools. According to KIPP co-founder Mike than students in neighboring tradi- Unfortunately, Tennessee’s highly re- Feinberg, ‘‘When there’s a problem, we tional schools, and that the greatest strictive charter school law does not at KIPP roll up our sleeves and look achievement gains can be seen among create the conditions that would en- for a solution. Together with the African American, Hispanic, and low- able more students to benefit from at- [Houston Independent] District and income students. Research also shows tending schools like MASE. The law re- Teach For America, we hope to provide that the longer charter schools have ceived a grade of C in a recent Center students not only with a safe haven, been in operation, the more they out- for Education Reform study, which but also with a rigorous academic envi- distance traditional schools in student found that higher student achievement ronment. Even if they are not at home, performance. and higher-quality, more viable charter these students will receive a top-notch It is worth noting that not all char- schools are found in States with education with caring, committed ter schools are high-quality, and not stronger charter school laws. teachers.’’ Mr. Feinberg’s comments all are outperforming traditional pub- Strong laws grant the power to ap- exemplify the attitude that motivates lic schools. But charter schools whose prove charter schools to more than one so many in the charter school commu- students don’t perform academically entity, including local school boards, nity—that of doing whatever it takes will close—as they should. It is also State education agencies, colleges and to get the job done. worth noting the impact charter universities, and non-profit organiza- I expect that we will see charter schools are having on their neighboring tions. Strong laws also grant greater schools continue to expand across the traditional public schools. Districts freedom and independence to charter Nation as word of their success with a large number of charter schools schools, guarantee full per-pupil fund- spreads. Four years ago, the President have reported that they are increasing ing, and do not restrict the number of signed into law the No Child Left Be- interaction with parents and creating schools that may open or students who hind Act, which contains several pro- new education programs, many of may enroll. grams that support charter school de- which are similar to those offered by States should take the opportunity velopment, and provides school dis- charter schools. These improvements during National Charter Schools Week tricts with the option of converting benefit all our students, not just those to examine their statutes and ensure low-performing schools into charter who choose charter schools. I am pleased that twelve charter that they create the conditions nec- schools. As we prepare to reauthorize schools have opened in Tennessee since essary to allow high-quality charter No Child Left Behind, we’ll take a close passage of the State’s charter school schools, and thereby options for stu- look at how these programs are per- law in 2002. Ten of these charter dents, to flourish. forming to ensure that the Federal Charter schools are also a key ele- schools are located in Memphis, where Government is doing everything it can ment of the education revival taking they enjoy critical support from local to help create and sustain viable, high- place in New Orleans, where Hurricane school officials, dedicated private part- achieving charter schools. ners, and philanthropic organizations. Katrina dealt a devastating blow to a I commend the charter school stu- Options for Memphis students range school system already plagued by low dents, parents, teachers, community from programs for elementary students achievement and corruption. The city leaders and others who, working to- that stress mastery of reading, math, has a truly historic opportunity to gether, are helping transform our sys- and foreign language skills to middle transform its education system into a tem of public education. I encourage schools focused on health sciences and network of high-performing charter my colleagues to visit a charter school business. High school options include schools that could serve as a model for during National Charter Schools Week charter schools that emphasize science, urban education in the rest of the Na- to witness firsthand the ways in which liberal arts, or visual and performing tion. these innovative schools are making a arts. So far, 25 of 117 public schools have difference in students’ lives and in I had an opportunity to visit one of reopened in New Orleans. 70 percent of their communities. these outstanding charter schools, the these schools are charter schools man- Mr. LAUTENBERG. Mr. President, I Memphis Academy of Science and En- aged by the Recovery School District, rise in support of S. Res 454 honoring a gineering (MASE), which was the first the Orleans Parish School Board, or true transportation pioneer, Malcom charter school established in Ten- the State Board of Education. McLean. His use of the intermodal nessee. MASE provides an academi- New Orleans officials are working shipping container—first used success- cally challenging program to prepare diligently to open more schools to fully in the United States 50 years ago at-risk students for college through an serve students as they return to the yesterday—streamlined the shipping intensive math, science, engineering, city. They have been assisted by a $21 process and set the stage for our and technology curriculum in grades 7– million Federal Charter Schools Pro- modem globalized economy through 9, including the first ninth grade AP gram grant, which helped reopen char- containerization. Biology class in the state. The school ter schools damaged by the hurricanes, Before the age of containerization, was established as an innovative pub- create new charter schools, and expand shipping raw materials and consumer lic/private initiative aimed not only at existing charter schools to accommo- goods was an extremely arduous proc- training a well-educated workforce for date displaced students. I am encour- ess; to transfer goods from a ship to a the city’s rapidly growing bioscience aged that Louisiana continues to re- train, or from a train to a truck, the industry, but also helping students ceive applications to open charter merchandise first needed to be un- excel in a technology-based environ- schools in New Orleans, but more work loaded, sorted, and reloaded. As a truck ment, regardless of the career path needs to be done to ready facilities for driver in 1937, Malcom McLean realized they choose. approved schools to accommodate the that the goods could be shipped more I am impressed by the school’s clear substantial student enrollment pro- cheaply, efficiently, and quickly if record of achievement results. By the jected for this fall. they didn’t need to be unloaded and re-

VerDate Mar 15 2010 00:03 Feb 06, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\2006SENATE\S27AP6.REC S27AP6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3764 CONGRESSIONAL RECORD — SENATE April 27, 2006 loaded into different shipping con- There being no objection, the Senate date, the time for the two leaders be tainers on each leg of a trip. He in- proceeded to consider the resolution. reserved, and the Senate then resume vented a type of container that was du- Mr. FRIST. I ask unanimous consent consideration of H.R. 4939, the Supple- rable and versatile enough to be at- the resolution be agreed to, the pre- mental Appropriations bill. tached to a train, loaded onto a trac- amble be agreed to, and the motion to The PRESIDING OFFICER. Without tor-trailer, and secured to the deck of a reconsider be laid upon the table. objection, it is so ordered. ship; the revolutionary idea created ef- The PRESIDING OFFICER. Without Mr. FRIST. Mr. President, we have ficiencies in the process by making objection, it is so ordered. made some progress on the Iraq supple- loading and un-loading at each step of The resolution (S. Res. 455) was mental bill this week. I thank Chair- the intermodal shipping process obso- agreed to. man COCHRAN for his leadership, for his lete. The preamble was agreed to. patience, and for his hard work. Mr. President, yesterday marked the The resolution, with its preamble, The Senate will not be in session to- 50th anniversary of the Ideal X setting reads as follows: morrow, as I indicated earlier. sail from Port Newark, in my home S. RES. 455 We have a lot to do before we com- State of New Jersey, and bound for plete action on this crucial funding Whereas former Chief of Police Terrance Houston, TX. This historic trip marked W. Gainer, a native of the State of Illinois, bill. In order to make sure that we can the first successful implementation of had served the United States Capitol Police get the bill finished in a timely man- Malcom McLean’s grand idea: it was with distinction since his appointment on ner, I filed cloture a few moments ago. the first time a ship left U.S. loaded June 3, 2002; That cloture vote will occur on Tues- with intermodal containers, 58 in total. Whereas Chief Gainer had served in various day morning. Putting these containers on ships al- city, state and federal law enforcement posi- Senators should expect full days with lowed for great cost savings in ship- tions throughout his thirty-eight year ca- multiple votes next week. ping—as much as 25 percent or more— reer; and I expect cloture will be invoked. Whereas Chief Gainer holds Juris Doctor and the triumphant voyage of the Ideal and Master’s degrees from DePaul University As we all know, there will be a num- X signaled that the exciting new meth- and a Bachelor’s degree from St. Benedict’s ber of other amendments that will be od was indeed practical and worth- College, as well as numerous specialized law dealt with. while. enforcement and security training accom- We will also be voting on Monday at It is nearly impossible to overstate plishments and honors: Now, therefore, be it approximately 5:30. Several district the importance of his innovation. If Resolved, That the Senate hereby honors judges have been reported by the Judi- you enjoy consumer products imported and thanks Terrance W. Gainer and his wife, ciary Committee, and we anticipate from overseas, or from distant areas of Irene, and his entire family, for a profes- voting on at least one of those on Mon- sional commitment of service to the United our own country, you can credit States Capitol Police and the United States day. Malcom McLean’s revolutionary idea Congress. f for making them more affordable. If Mr. FRIST. Mr. President, this Sen- you enjoy fresh produce or baked goods ADJOURNMENT UNTIL MONDAY, ate resolution we just agreed to thanks from your local grocery store, thank MAY 1, 2006, AT 2 P.M. Terrance Gainer, former Chief of the McLean’s innovation for bringing them Mr. FRIST. Mr. President, if there is U.S. Capitol Police. Although I don’t to market more quickly. Container no further business to come before the have a formal statement, I have had an ization surely has made the world a Senate, I ask unanimous consent that opportunity to work with Chief Gainer smaller place by allowing goods from the Senate stand in adjournment under very closely over the last several years. all over the world arrive at their des- the previous order. Although many of those interactions tinations more cheaply and more There being no objection, the Senate, were in routine business, what we re- quickly, and our standard of living in at 7:59 p.m., adjourned until Monday, gard as routine business, at every mo- America has improved markedly in the May 1, 2006, at 2 p.m. ment he stood ready with the Capitol process. Police for any unexpected event. And f Before I was elected to the Senate, I those unexpected, tragic events that I served as commissioner of the Port Au- NOMINATIONS was able to work with him on, led me— thority of New York and New Jersey Executive nominations received by seeing the way he addressed these from 1978 until 1982. I had the oppor- the Senate April 27, 2006: issues, with dignity, with discipline, tunity to get to know Malcom McLean, with a real understanding of what was EXECUTIVE OFFICE OF THE PRESIDENT a singularly focused man, who was suc- at stake—to have a great deal of re- ROBERT J. PORTMAN, OF OHIO, TO BE DIRECTOR OF cessful in nearly all of his pursuits be- THE OFFICE OF MANAGEMENT AND BUDGET, VICE JOSH- spect for him, his approach, his char- UA B. BOLTEN. cause of his strong work ethic and un- acter, his integrity and his profes- matched talent for innovation. While DEPARTMENT OF STATE sionalism. Mr. McLean passed away in 2001, his ROBERT ANTHONY BRADTKE, OF MARYLAND, A CA- It wasn’t too long ago that many peo- REER MEMBER OF THE SENIOR FOREIGN SERVICE, legacy lives on through his widow ple were stranded inside of the Russell CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR Irena McLean and his family, and EXTRAORDINARY AND PLENIPOTENTIARY OF THE Building parking garage for an alarm UNITED STATES OF AMERICA TO THE REPUBLIC OF CRO- through his lasting contributions to in- that went off. I was able to go and talk ATIA. dustry in New Jersey, the United to Chief Gainer about that, as they DEPARTMENT OF HOUSING AND URBAN States, and the entire world. were determining what the etiology of DEVELOPMENT I encourage he Senate to adopt this that alarm was, and I got to see the JAMES B. LOCKHART III, OF CONNECTICUT, TO BE DI- resolution and honor a great American. RECTOR OF THE OFFICE OF FEDERAL HOUSING ENTER- full force of that integrity and that dis- PRISE OVERSIGHT, DEPARTMENT OF HOUSING AND f cipline and that level of sophistication. URBAN DEVELOPMENT FOR A TERM OF FIVE YEARS, VICE ARMANDO FALCON, JR., RESIGNED. HONORING AND THANKING I wish him the best of luck and good NUCLEAR REGULATORY COMMISSION TERRANCE W. GAINER, FORMER fortune as he leaves behind his tremen- DALE KLEIN, OF TEXAS, TO BE MEMBER OF THE NU- CHIEF OF U.S. CAPITOL POLICE dous service here at the Capitol. CLEAR REGULATORY COMMISSION FOR THE TERM OF FIVE YEARS EXPIRING JUNE 30, 2011, VICE NILS J. DIAZ, Mr. FRIST. Mr. President, I ask f TERM EXPIRING. unanimous consent the Senate now ORDERS FOR MONDAY, MAY 1, 2006 IN THE AIR FORCE proceed to the consideration of S. Res. Mr. FRIST. Mr. President, I ask THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 455, which was submitted earlier today. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- The PRESIDING OFFICER. The unanimous consent that when the Sen- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ate completes its business today, it AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION clerk will please report the resolution 601: stand in adjournment until 2 p.m. on by title. To be general The legislative clerk read as follows: Monday, May 1. I further ask that fol- LT. GEN. KEVIN P. CHILTON, 0000 A resolution (S. Res. 455) honoring and lowing the prayer and pledge, the morning hour be deemed expired, the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT thanking Terrance W. Gainer, former Chief IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- of United States Capitol Police. Journal of proceedings be approved to CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE

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AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR TIMOTHY C. COGAN, 0000 601: APPOINTMENT IN THE GRADE INDICATED IN THE UNITED GARY J. EDBERG, 0000 STATES ARMY CHAPLAINS UNDER TITLE 10, U.S.C., SEC- JOHN R. GREGOV, 0000 To be lieutenant general TIONS 531 AND 3064: JOHN J. JERANSKY, 0000 MAJ. GEN. NORMAN R. SEIP, 0000 JOEL N. KOUYOUMJIAN, 0000 To be major ALLEN E. MOELLER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN O. SARGENT, 0000 THOMAS ROTHROFFY, 0000 AS THE SURGEON GENERAL OF THE AIR FORCE AND AP- JOHN B. SABURN, 0000 POINTMENT IN THE UNITED STATES AIR FORCE TO THE THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR JOHN L. SHEA, 0000 GRADE INDICATED WHILE ASSIGNED TO A POSITION OF APPOINTMENT TO THE GRADE INDICATED IN THE ROGER J. SING, 0000 IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, UNITED STATES ARMY JUDGE ADVOCATE GENERAL’S THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT U.S.C., SECTIONS 8036 AND 601: CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant general To be major RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MAJ. GEN. JAMES G. ROUDEBUSH, 0000 BRIAN K. HILL, 0000 To be captain ROBERT T. KINCAID, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KAREN S. EMMEL, 0000 ERIC S. SPRINGS, 0000 MARK J. ENGLEBERT, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CHARLES W. WALLACE, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: DAVID E. FLAHERTY, 0000 IN THE NAVY TIMOTHY R. FOX, 0000 To be major general JOHN G. GRAY, JR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHAWN R. GRENIER, 0000 BRIG. GEN. DANA T. ATKINS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CARL J. GRIM, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: GARY J. HABEN, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be captain JEROME F. HAMEL, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: STEVEN W. HOLLAND, 0000 LANA D. HAMPTON, 0000 WILLIAM H. JACOB, 0000 To be brigadier general ERIC M. KREBS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL L. MCELROY III, 0000 COL. LAWRENCE A. STUTZRIEM, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHARLES L. MINGONET, JR., 0000 IN THE ARMY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: RICHARD W. NEELY, 0000 To be captain JOHN B. PERKINS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GREGORY A. SMITH, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED KEITH E. SIMPSON, 0000 TRACY D. SMYERS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: WILLAM J. SNYDER, 0000 To be major general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LAURA L. VENABLE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY PATRICK L. WARD, 0000 BRIG. GEN. STEPHEN V. REEVES, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ERIC C. YOUNG, 0000 IN THE NAVY To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NORMAN W. PORTER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICER FOR PROMOTION IN RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE UNITED STATES NAVY RESERVE TO THE GRADE IN- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DICATED UNDER TITLE 10, U.S.C., SECTION 12203: To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be rear admiral RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JOHN C. ABBOTT, 0000 To be captain FRANK T. AKERS, JR., 0000 REAR ADM. (LH) SHARON H. REDPATH, 0000 PATRICIA R. ANDERSON, 0000 THE FOLLOWING NAMED OFFICER FOR PROMOTION IN PATRICK M. LEARD, 0000 RONALD J. ATHMANN, 0000 THE UNITED STATES NAVY RESERVE TO THE GRADE IN- KIRBY D. MILLER, 0000 KEVIN D. BRANHAM, 0000 DICATED UNDER TITLE 10, U.S.C., SECTION 12203: DENNY E. BRISLEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LINDA R. BUCHANAN, 0000 To be rear admiral TO THE GRADE INDICATED IN THE UNITED STATES NAVY JEFFREY R. CAMERON, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES T. CANNON, 0000 REAR ADM. (LH) NORTON C. JOERG, 0000 To be captain PETER J. CASO, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM S. CUNNINGHAM, 0000 AS THE JUDGE ADVOCATE GENERAL OF THE UNITED ALBERTO S. DELMAR, 0000 CHARLES C. HULL, 0000 STATES NAVY IN THE GRADE INDICATED UNDER TITLE RAFAEL F. NIEVES, 0000 JODY L. JENNINGS, 0000 10, U.S.C., SECTION 12203: SHELDON D. STUCHELL, 0000 THOMAS D. JONES, 0000 KEITH T. KIRK, 0000 To be judge advocate general of the United THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FRANCIS P. LOSI, 0000 States Navy TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARK T. MAGEE, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: SANDRA L. MAGILL, 0000 REAR ADM. BRUCE E. MACDONALD, 0000 To be captain MARY L. NOWACZYK, 0000 PAUL G. OLKHOVSKY, 0000 IN THE ARMY WAYNE A. ESTABROOKS, 0000 GLEN OTIS, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF SUSAN T. KOROL, 0000 FRANCIS E. PENNISI, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO DAVID A. VOSS, 0000 BARBARA J. PROTACIO, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY MILTON W. WALSER, JR., 0000 DIANE M. SEWARD, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GEORGE H. SMITH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOANNE SMITH, 0000 To be colonel TO THE GRADE INDICATED IN THE UNITED STATES NAVY DEBORAH P. TRADERMILLER, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TERESA S. WHITING, 0000 KENNETH A. KRAFT, 0000 To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED ARMY NATIONAL GUARD OF TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE UNITED STATES OFFICERS FOR APPOINTMENT TO STEVEN M. BRIESE, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOHN P. CAHILLANE, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: LOUANNE DEMATTEI, 0000 To be captain MICHAEL P. LIPSCOMB, 0000 To be colonel JEFFREY H. ROBINSON, 0000 THOMAS L. ADAMS III, 0000 ALFREDO AFONT, 0000 MARK A. BURDT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JANA S. ALLEN, 0000 WILLIAM R. COATS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY KEITH L. ARCHBOLD, 0000 MARK S. LOVEJOY, 0000 RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DAVID E. BAKER, 0000 ROBERT L. PORTER, 0000 To be captain ROBERT L. BALDOCCHI, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR MICHAEL B. BARTLETT, 0000 APPOINTMENT TO THE GRADES INDICATED IN THE CHRISTIAN A. BUHLMANN, 0000 STEVEN C. BAUMWALD, 0000 UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, RICHARD E. CHAMBERS, 0000 RICHARD C. BAYARD, 0000 U.S.C., SECTIONS 531 AND 3064: HAROLD S. DUNBRACK, 0000 CHARLES A. BECKUM, 0000 KEITH W. HEFLIN, 0000 CLAIRE M. BEDFORD, 0000 To be colonel DANIEL V. MACINNIS, 0000 KARL A. BJORK, 0000 MICHAEL E. SADLOWSKI, 0000 MARK S. BOEHLE, 0000 BETTY J. WILLIAMS, 0000 CHRISTOPHER E. ZECH, 0000 CRAIG R. BOMBEN, 0000 To be lieutenant colonel PHILLIP J. BOOS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERNEST E. BOOTH, JR., 0000 MICHAEL S. KOOK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL D. BRANCO, 0000 To be major RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: GREGORY R. BROWN, 0000 To be captain MICHAEL G. BROWN, 0000 JON CAMPI, 0000 SCOTT R. BRYAN, 0000 JAMES M. FEELEY, 0000 BILLY R. ARNOLD, 0000 PETER A. BURKHOUSE, 0000 WILLIAM H. KLOSS, 0000 MICHAEL S. BRADY, 0000 JOSEPH P. BURNS, 0000 HENRY R. LEMLEY, 0000 CHARLES R. FIDLER, 0000 GAIUS L. CADAING, 0000 GARY A. GLASS, 0000 KENNETH W. CAREL, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR JAMES D. HENDRICKS, 0000 JEFFREY R. CARES, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE ALAN S. ICENHOUR, 0000 ROBERT H. CAREY, JR., 0000 UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER MICHAEL T. MCCORD, 0000 SHAWN P. CASSIDY, 0000 TITLE 10, U.S.C., SECTIONS 531 AND 3064: MARK A. MCDOWELL, 0000 CHRISTOPHER S. CHAMBERS, 0000 To be lieutenant colonel BRADLEY C. MEISTER, 0000 WILLIAM W. CLARK, 0000 PETER D. YARGER, 0000 CHRISTOPHER C. COLLINS, 0000 THOMAS F. NUGENT, 0000 ROBERT R. COLLINS, JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN P. CONNELLY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEPHEN J. CONWAY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MARK S. CORDEIRO, 0000 MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 To be captain DANIEL E. CRISP, 0000 AND 3064: DANIEL B. CURRAN, 0000 To be major KIM A. ARRIVEE, 0000 THOMAS P. DALY, 0000 THEODORE E. BERNHARD, 0000 JEANJACQUES A. DARIUS, 0000 MICHAEL F. LORICH, 0000 ARTHUR J. CLARK, 0000 CONRAD D. DAVID, 0000

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RICHARD D. DELPIZZO, 0000 JAMES A. PIERCE, 0000 PN1499 BETTY J. WILLIAMS, 0000 THROUGH HENRY R. RICHARD W. DENDY, 0000 SCOTT F. PIERCE, 0000 LEMLEY, 0000 PAUL F. DESMET, 0000 EDWARD F. PIERSON, 0000 PN1500 THOMAS F. NUGENT, 0000 DAVID A. DEWALD, 0000 ROBERT H. POWERS, 0000 PN1501 MICHAEL F. LORICH, 0000 KEVIN M. DOYLE, 0000 DAVID L. PRICE, 0000 PN1502 BRIAN O. SARGENT, 0000 SHAWN V. DUFFY, 0000 ROBERT E. PRICE, 0000 JOHN K. EINHORN, 0000 HUMILDE S. PRUDENCIO, JR., 0000 f RICHARD H. FAHY, JR., 0000 KIERAN J. PURCELL, 0000 TERESA L. FAIRBANKS, 0000 GERARD L. QUEALLY, 0000 CONFIRMATIONS MARK C. FAVA, 0000 CARLOS R. QUINTANILLA, 0000 MARION FEDORSHAK, 0000 MARC E. RASMUSSEN, 0000 Executive nominations confirmed by GEORGE M. FERRIS, 0000 LINDA O. RATSEP, 0000 TIMOTHY B. FEWSTER, 0000 JOHN D. REESER, 0000 the Senate April 27, 2006: DANIEL L. FINK, 0000 LARRY D. REID, JR., 0000 IN THE AIR FORCE KENT M. FITZGERALD, 0000 DAVID M. REVELLE, 0000 ROBERT P. FLYNN, 0000 RAYMOND R. ROBERTS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES F. FOSSA, 0000 DEREK A. ROBINS, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- KYLE D. FREITAS, 0000 ROBERT A. ROCHFORD, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY L. GAFFNEY, 0000 ANDREW K. ROSA, 0000 DENNIS M. GALLAGHER, 0000 ROBERT D. ROTE, JR., 0000 To be major general PETER M. GAMERDINGER, 0000 RAFIK A. ROUSHDY, 0000 BRIG. GEN. THOMAS J. LOFTUS TERRENCE J. GARBUZINSKI, 0000 KEVIN W. RUDD, 0000 THOMAS P. GEORGE, 0000 SHANNON J. RUZISKA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LUCINDA A. GIERTZ, 0000 CHRISTOPHER A. RYAN, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- LOUIS A. GOMEZ, 0000 THOMAS D. RYAN, JR., 0000 CATED UNDER TITLE 10, U.S.C., SECTION 624: KARL J. GREENE, 0000 GLEN A. SALLER, 0000 MARK R. GREENWOOD, 0000 TODD S. SCHAPLER, 0000 To be major general KRISTEN G. GUARNIERI, 0000 BRYAN M. SCURRY, 0000 BRIG. GEN. CHRIS T. ANZALONE PETER L. GURNEY, JR., 0000 DONALD S. SELVY, 0000 BRIG. GEN. KURT A. CICHOWSKI PATRICIA A. GUTIERREZ, 0000 CHARLES W. SHARKEY IV, 0000 BRIG. GEN. THOMAS F. DEPPE DANIEL T. HABLE, 0000 THOMAS K. SHEIL, 0000 BRIG. GEN. PAUL A. DETTMER STEPHEN R. HALES, 0000 WILLIAM R. SHIVELL, 0000 BRIG. GEN. WILLIAM L. HOLLAND WILLIAM C. HALL, 0000 FRANKLIN C. SMILEK, 0000 BRIG. GEN. RONALD R. LADNIER MICHAEL D. HANSON, 0000 DUNCAN A. SMITH, 0000 BRIG. GEN. ERWIN F. LESSEL III GINA L. HARDEN, 0000 LEON W. SMITH, JR., 0000 BRIG. GEN. JOHN W. MALUDA TERESA M. HARRISON, 0000 RICHARD A. SMITH, 0000 BRIG. GEN. MARK T. MATTHEWS THOMAS K. HARTMANN, 0000 SHANNON R. SOUPISET, 0000 MICHAEL J. HASSIEN, 0000 BRIG. GEN. GARY T. MCCOY STEPHEN R. SPEED, 0000 BRIG. GEN. STEPHEN J. MILLER MICHAEL S. HASTINGS, 0000 RICHARD B. STACK, JR., 0000 RICHARD A. HENDERSON, 0000 BRIG. GEN. THOMAS J. OWEN PETER D. STAMPS, 0000 JAMES L. HERBERG, 0000 BRIG. GEN. RICHARD E. PERRAUT, JR. WILLARD B. STUBBS, 0000 ROBERT M. HERRINGTON, 0000 BRIG. GEN. POLLY A. PEYER DAMIAN D. SUTTON, 0000 WILLIAM B. HIGGINS, 0000 BRIG. GEN. DOUGLAS L. RAABERG RORY N. SUZUKI, 0000 JOHN A. HINCK, 0000 BRIG. GEN. JEFFREY A. REMINGTON BARBARA W. SWEREDOSKI, 0000 JOSEPH C. HOCHWALT, 0000 BRIG. GEN. ROBERTUS C.N. REMKES PAUL M. TANAKA, 0000 ELAINE M. HOGG, 0000 BRIG. GEN. FREDERICK F. ROGGERO MICHAEL T. TAYLOR, 0000 DAVID J. HOLMGREN, 0000 BRIG. GEN. MARSHALL K. SABOL PAIGE K. TERRY, 0000 ERWIN T. HOO, 0000 BRIG. GEN. PAUL J. SELVA JAMES R. THOMAS, 0000 BARRY W. INGOLD, 0000 BRIG. GEN. RICHARD E. WEBBER ROSS B. THOMAS, 0000 PAUL R. INNIS, 0000 BRIG. GEN. THOMAS B. WRIGHT RAYMOND J. TORP, 0000 TERRELL D. ISLEY, 0000 BRIG. GEN. MARK R. ZAMZOW ALBERT TSAI, 0000 LUCINDA L. IVERSON, 0000 NELSON C. TUBBS II, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ALAN L. JACOBS, 0000 MICHAEL G. TWITE, 0000 STATES OFFICER FOR APPOINTMENT IN THE RESERVE MICHAEL W. JENNINGS, 0000 DAVID G. TYLER IV, 0000 OF THE AIR FORCE TO THE GRADE INDICATED UNDER CHRISTOPHER S. JOHANNSEN, 0000 JEAN H. VITE, 0000 TITLE 10, U.S.C., SECTION 12203: JEFFREY A. JOHNSON, 0000 GEORGE M. WAIDELICH, JR., 0000 JOSEPH L. JOHNSON, JR., 0000 WILLIAM F. WARNOCK, JR., 0000 To be brigadier general STEPHEN J. KAROLY, JR., 0000 MARK R. WATERMAN, 0000 PETER W. KEHRIG, 0000 COL. STEVEN WESTGATE CONNIE W. WELLS, 0000 KYLE S. KELLEY, 0000 PETER C. WERP, 0000 IN THE ARMY JAMES P. KENNEDY, 0000 STEPHEN C. WHITAKER, 0000 GLEN D. KRUEGER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DARLENE V. WHITEAKER, 0000 MICHAEL J. KRUEGER, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED GARY D. WHITMAN, 0000 MICHAEL T. KUBINIEC, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DAVID E. WIGLE, 0000 RANDALL B. KULDELL, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: FRANK W. WINGET, 0000 MARK T. LAGIER, 0000 JAMES P. WINKLER, 0000 RAYMOND C. LAHM, 0000 To be lieutenant general JOHN K. WINKLER, 0000 MARK D. LANE, 0000 JOHN R. WOMER, 0000 LT. GEN. FRANKLIN L. HAGENBECK ARTHUR D. LARSON, 0000 MONTY M. WONG, 0000 ANTHONY Y. LAU, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY P. WOOD, 0000 DAVID L. LAUSCH, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED DAVID K. WOODHOUSE, 0000 ROBERT LEE III, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CRAIG M. WOODSIDE, 0000 JAMES LENNON, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JOHN R. YANCIGAY, 0000 JOHN L. LOCKWOOD, 0000 MICHAEL C. YANKOVICH, 0000 THOMAS A. LOGUE, JR., 0000 To be lieutenant general KRISTIN L. YOUNG, 0000 BENJAMIN D. LOLLAR, 0000 MATTHEW A. ZIRKLE, 0000 MAJ. GEN. MICHAEL D. ROCHELLE LEONARD C. LUDWIG, 0000 GEORGE A. MAHON III, 0000 f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THOMAS W. MAROTTA, 0000 AS ASSISTANT SURGEON GENERAL/CHIEF OF THE DEN- BRADLEY S. MARTIN, 0000 QA LIST OF NOMINATIONS TAL CORPS, UNITED STATES ARMY AND FOR APPOINT- KISMINE M. MARTIN, 0000 MENT TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., EDUARDO V. MARTINEZ, 0000 RECEIVED SECTIONS 3036 AND 3039: CHRISTOPHER J. MAXIN, 0000 HOWARD E. MAYFIELD, JR., 0000 EXECUTIVE OFFICE OF THE PRESIDENT To be major general ROBERT A. MCBRIDE, 0000 PN1484 ROBERT J. PORTMAN COL. RUSSELL J. CZERW JULIUS C. MCCALL, 0000 GEORGE E. MCCARTHY III, 0000 DEPARTMENT OF STATE IN THE MARINE CORPS LEE C. MCCLISH, 0000 PN1485 ROBERT ANTHONY BRADTKE ALAN J. MCCOY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES M. MCDONOUGH, JR., 0000 DEPARTMENT OF HOUSING AND URBAN IN THE UNITED STATES MARINE CORPS TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- WILLIAM E. MCHUGH, JR., 0000 DEVELOPMENT DOUGLAS J. MCILRAITH, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., DONALD C. MCMAHON, JR., 0000 PN1486 JAMES B. LOCKHART III SECTION 601: ERIC C. MEYER, 0000 NUCLEAR REGULATORY COMMISSION To be lieutenant general GERALD P. MEYER, 0000 MICHAEL S. MIDGLEY, 0000 PN1487 DALE KLEIN MAJ. GEN. FRANCES C. WILSON JOSEPH E. MILLIGAN III, 0000 JEFFREY N. MOBED, 0000 IN THE AIR FORCE IN THE NAVY PAUL L. MOFFETT, 0000 PN1488 LT. GEN. KEVIN P. CHILTON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES M. MOORE, 0000 PN1489 MAJ. GEN. NORMAN R. SEIP, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED MICHAEL K. MOORE, 0000 PN1490 MAJ. GEN. JAMES G. ROUDEBUSH, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CHERI C. MORRILL, 0000 PN1491 BRIG. GEN. DANA T. ATKINS, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TAMARA E. MORRISON, 0000 PN1492 COL. LAWRENCE A. STUTZRIEM, 0000 MICHAEL H. MOSLEY, 0000 To be vice admiral CATHERINE M. MULE, 0000 IN THE ARMY JAMES P. MURRAY, 0000 REAR ADM. NANCY E. BROWN PN1493 BRIG. GEN. STEPHEN V. REEVES, 0000 STEVEN J. MUSSER, 0000 IN THE AIR FORCE GERALD A. NUNEZ, 0000 IN THE NAVY CARL R. OCONNELL, 0000 AIR FORCE NOMINATIONS BEGINNING WITH KRISTINE GREGORY G. OGILVIE, 0000 PN1494 REAR ADM. (LH) SHARON H. REDPATH, 0000 M. AUTORINO AND ENDING WITH TIWANA L. WRIGHT, JON P. PAPEZ, 0000 PN1495 REAR ADM. (LH) NORTON C. JOERG, 0000 WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CINDY L. T. PAYNE, 0000 PN1496 REAR ADM. BRUCE E. MACDONALD, 0000 AND APPEARED IN THE CONGRESSIONAL RECORD ON RICHARD G. PEDERSON, 0000 IN THE ARMY MARCH 13, 2006. CURTIS E. PENDERGRASS, 0000 AIR FORCE NOMINATION OF REX R. KIZIAH TO BE COLO- MICHAEL W. PHELPS, 0000 PN1497 KENNETH A. KRAFT, 0000 NEL. CHARLES R. PHILBRICK, 0000 PN1498 MARK A. BURDT, 0000 THROUGH ROBERT L. POR- AIR FORCE NOMINATION OF MAUREEN MCCARTHY TO SEAN C. PHINNEY, 0000 TER, 0000 BE COLONEL.

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AIR FORCE NOMINATION OF JOSEPH A. WEBER, JR. TO PEARED IN THE CONGRESSIONAL RECORD ON MARCH 27, ARMY NOMINATION OF CHARLES C. DODD TO BE BE COLONEL. 2006. MAJOR. AIR FORCE NOMINATION OF DANIEL J. MCGRAW TO BE AIR FORCE NOMINATIONS BEGINNING WITH THOMAS E. ARMY NOMINATIONS BEGINNING WITH ALVIS DUNSON COLONEL. BALDWIN AND ENDING WITH MICHELLE K. ZIMMERMAN, AND ENDING WITH FRANCIS WILLIAMS, WHICH NOMINA- AIR FORCE NOMINATIONS BEGINNING WITH CON- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TIONS WERE RECEIVED BY THE SENATE AND APPEARED STANCE C. MCNABB AND ENDING WITH AMY L. WALKER, AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE CONGRESSIONAL RECORD ON MARCH 27, 2006. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE APRIL 5, 2006. ARMY NOMINATIONS BEGINNING WITH SOONJA CHOI AND APPEARED IN THE CONGRESSIONAL RECORD ON AND ENDING WITH MEHDY ZARANDY, WHICH NOMINA- MARCH 27, 2006. IN THE ARMY TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON MARCH 30, 2006. AIR FORCE NOMINATIONS BEGINNING WITH KENNETH ARMY NOMINATION OF DAVID M. LIND TO BE COLONEL. R. FRANKLIN AND ENDING WITH MICHAEL S. PETERS, ARMY NOMINATION OF E. N. STEELY III TO BE COLO- ARMY NOMINATIONS BEGINNING WITH MARY M. SUN- NEL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE SHINE AND ENDING WITH DEBRA CHAPPEL, WHICH NOMI- AND APPEARED IN THE CONGRESSIONAL RECORD ON NATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE MARINE CORPS MARCH 27, 2006. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 27, AIR FORCE NOMINATIONS BEGINNING WITH PETER L. 2006. MARINE CORPS NOMINATION OF SANFORD P. PIKE TO BARRENECHEA AND ENDING WITH RALPH M. SUTHERLIN, ARMY NOMINATION OF JACQUELINE P. ALLEN TO BE BE LIEUTENANT COLONEL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE LIEUTENANT COLONEL. MARINE CORPS NOMINATION OF JAYSON A. BRAYALL AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATIONS BEGINNING WITH VALERIE TO BE MAJOR. MARCH 27, 2006. MCDAVID AND ENDING WITH CATHLEEN STERLING, IN THE NAVY AIR FORCE NOMINATIONS BEGINNING WITH DAVID G. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ALLEN AND ENDING WITH DAVID D. ZWART, WHICH NOMI- AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATION OF PAUL W. MARQUIS TO BE COM- NATIONS WERE RECEIVED BY THE SENATE AND AP- MARCH 27, 2006. MANDER.

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PAYING TRIBUTE TO CAM USHER these folks would most likely forgo health care Baron De Kalb Council No. 1073 of the and end up in our hospital emergency rooms. Knights of Columbus and to offer my thanks HON. JON C. PORTER Health centers are not free clinics. While for the continual dedication it has shown to the health centers do not turn away patients due OF NEVADA southern Brooklyn communities it serves. The to an inability to pay, every patient pays some- Baron De Kalb Council No. 1073 was founded IN THE HOUSE OF REPRESENTATIVES thing based on a sliding scale. This policy im- in 1906 by Ambrose P. Rikeman, who became Wednesday, April 26, 2006 proves both financial and health outcomes, their first Grand Knight. It was founded on the Mr. PORTER. Mr. Speaker, I rise today to ensuring that patients are invested in their principals of charity, unity, fraternity and patri- honor Cam Usher, who is retiring after a long health care and follow the doctor’s orders. otism, principals that have been ingrained in and distinguished career of promoting tourism Another critical feature of the health center the hearts and minds of its members ever in Las Vegas. program is the community board. For approval since. The Council is named for Baron Johann Cam Usher has been working for the Las and funding as a federally-qualified health De Kalb, a courageous and loyal military lead- Vegas Convention and Visitors Authority in a center, a center must have put in place a er whose spirit continues to live on in the lead- multitude of capacities for the past 25 years. board of directors whose membership is at ers of this great Council. Since 2004, Cam has directed sales and mar- least 51 percent comprised of health center The Baron De Kalb Council No. 1073 has keting for the authority’s international offices in patients. While communities may initially view risen from it’s humble beginnings, when a Austria, England, France, Germany, Japan, this aspect of the health center program as a small band of men met in Grand Knight Mexico, and South Korea. Since her career significant hurdle, this requirement ensures Rikeman’s house, to its present day thou- began with the authority in 1980, she has run that community health centers are just that— sands strong membership that meets at the everything from convention and special event grounded in the community. With a community ‘‘Baron-By-The-Sea’’, a property purchased by sales to the authority’s research department board governing the health center, patients the Council in scenic Sheepshead Bay in and the Las Vegas News Bureau. Most re- are assured that all health center policies have 1949. In 1969 members were devastated to cently, Cam has actively recruited new inter- been developed with the needs of patients in learn that a fire had destroyed their ‘‘Baron- national air service in conjunction with mind. It is the complementary nature of these By-The-Sea’’, but no fire could destroy the McCarren International Airport; her efforts requirements that has helped the health center members commitment, dedication and desire have made it easier for travelers to come here program become so effective and enjoy un- to reach ever greater achievements for their to visit from diverse locations. During her ten- precedented bi-partisan support, from both the beloved Council. In 1973 Grand Knight Gus ure, she received a number of accolades, Congress and the Bush Administration. Rogers proudly led his members into the such as being narned to the Travel Agent Despite the accomplishments to date of the newly built ‘‘Baron-By-the-Sea’’, the structure Magazine’s ‘‘Most Powerful Women in Travel’’ health center program, much more work on Nostrand and Emmons Avenues that con- list 3 years in a row. Cam’s professional suc- needs to be done. While the number of health tinues to provide invaluable services to its cesses should not over shadow her philan- centers has increased by 58 percent since members and our southern Brooklyn commu- thropic endeavors; her generosity is pro- 1997, the number of health center patients nity to this day. foundly evident in everything she does, wheth- has increased by 90 percent over the same Therefore, on Behalf of the United States er it is introducing friends to potential clients or period. There is still tremendous need and, House of Representatives, I congratulate the creating job opportunities of local youth. unfortunately, the ranks of the uninsured are Baron De Kalb Council No. 1073 of the Mr. Speaker, I arn proud to honor Cam only growing. Knights of Columbus and all of its past and Usher for her illustrious career and contribu- In the Houston area, we now have nine fed- present members for 100 years of dedication tions to the development of the international erally-qualified health centers, an increase and service to our community. from the four centers we had in our area just tourism industry in Las Vegas. I wish her the f best in her retirement. one year ago. While we have celebrated that achievement, our state of Texas still has the HONORING PETER LOJACONO f largest percentage of uninsured individuals in HEALTH CENTERS RENEWAL the country, and many more health centers HON. BRIAN HIGGINS are needed in our state to meet our growing AMENDMENTS OF 2006 OF NEW YORK need for quality health care that is affordable. IN THE HOUSE OF REPRESENTATIVES HON. GENE GREEN This legislation will help us address that need by ensuring the continued authorization of this Wednesday, April 26, 2006 OF TEXAS important program that has improved the IN THE HOUSE OF REPRESENTATIVES Mr. HIGGINS. Mr. Speaker, this Sunday, health of millions of our constituents. April 30, the Federation of Italian-American Wednesday, April 26, 2006 On a personal note, I would like to thank my Societies of Western New York will hold its Mr. GENE GREEN of Texas. Mr. Speaker, friend, Mr. BILIRAKIS, for all of his work over annual celebration. Following Sunday Mass at I rise today to join my colleague from Florida, the years on behalf of our health centers. He historic St. Anthony of Padua Church in the Mr. BILIRAKIS, in introducing the Health Cen- is a tireless champion of this program, and I shadow of Buffalo City Hall, celebrants will ters Renewal Amendments of 2006. This im- look forward to working with him to make sure gather at Buffalo’s Adam’s Mark Hotel to mark portant legislation will re-authorize the Health that the reauthorization of this program is just this celebration. Center program through fiscal year 2011 and one of the many health care accomplishments At this event, a truly unique person will be enable us to build on the tremendous suc- that will be part of his legacy in Congress. honored with the Association’s God, Family cesses that the health centers have already f and Country award. That person is Peter achieved. TRIBUTE TO THE BARON DE KALB LoJacono, and I am proud, Mr. Speaker, to With 46 million Americans currently living COUNCIL NO. 1073 OF THE rise to honor Peter today. without health insurance, health centers have KNIGHTS OF COLUMBUS Peter LoJacono is a lifelong resident of become a critical feature of our country’s safe- Western New York, having been graduated ty net. Of the more than 14 million Americans HON. ANTHONY D. WEINER from St. Joseph’s Collegiate Institute and, served by health centers, 75 percent are ei- later, from my own alma mater, Buffalo State OF NEW YORK ther uninsured or Medicaid beneficiaries. In College. Peter has taught Italian and Spanish IN THE HOUSE OF REPRESENTATIVES fact, more than 90 percent of health center cli- at Hutchison Technical High School in the Buf- ents have incomes below 200 percent of the Wednesday, April 26, 2006 falo Public School system for 18 years, where federal poverty level. Without health centers to Mr. WEINER. Mr. Speaker, I rise today in he has demonstrated a commitment to his stu- provide quality primary and preventive care, recognition of the 100th Anniversary of the dents that is second to none.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.095 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E630 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 As many people know, Mr. Speaker, Buffalo In 1950, Basie broke up his big band and brating 40 years as a premiere automotive is an area rich in cultural diversity, and Buf- Dr. Bailey became a student at the School of dealer in Southern California. Paul Rusnak falo’s Italian American community is a critical Radio and Television in New York City, receiv- opened his first location in 1959 because he component of that diverse tapestry. Peter’s ing a scholarship from American Broadcasting saw the beginning of a fascination with Euro- leadership within our community is strong, Company. After he wasn’t hired as on-air tal- pean sports cars. serving on the Board of Directors of the Italian ent he tried for technical jobs, also without Over the years, his business grew to include Heritage Festival of Buffalo, where literally luck. Then, he heard about the Moulin Rouge more than 25 different automotive brands, tens of thousands of Western New Yorkers in Las Vegas. Although Las Vegas was highly both domestic and European. From Culver enjoy all things Italian along Hertel Avenue in segregated, the Moulin Rouge Casino and City to Pasadena, Rusnak Automotive Group Buffalo each summer. A longtime member of Hotel was open to all. Dr. Bailey co-produced has centered its market in convenient loca- the Romulus Club and the Knights of Colum- a show with black entertainers that became a tions for our community members. bus, Peter also serves as president of the hit, drawing a hip, interracial crowd. But when A short distance from Art Center College of Buffalo- Torremaggiore Sister Cities Associa- he started this job, he had to use the service Design, where many automotive designers are tion, encouraging the continuation of shared entrance to reach the TV studio. He com- inspired, is the intersection of Orange Grove cultural exchange between Buffalo and its sis- plained and the management decided to and Colorado Boulevard in Pasadena, Cali- ter Italian city. Peter is a faithful communicant change their racist policy. Following his news fornia. This location is where Rusnak show- of St. Anthony of Padua Church in Buffalo, casting career, Dr. Bailey developed a reputa- cases cars such as Jaguar, Porsche, Audi, where he performs in the choir and is a leader tion for starting new ventures. Rolls-Royce, and Bentley in historic buildings within the parish. In 1957, he joined KTNV—Channel 13, that have served as automotive dealerships While Peter’s commitment to his community where he hosted a variety show, and devel- since the turn of the century. The famous Wal- and to his faith is clear; most notable, how- oped Las Vegas’ first dance program for ter M. Murphy Motors and Murphy Co. ever, and almost certainly his most significant teens. In 1961 he also hosted current events Coachworks of Duisenberg fame was housed point of pride, is his family. Peter’s wife talk shows. From 1965 to 1971 Dr. Bailey where Rusnak now displays Porsches. Also, Francine and children Sarina and Marco are began working as a newscaster. In 1958, Dr. the American Institute of Aeronautics and As- his clear pride and joy, and their life remains Bailey began working for gubernatorial can- tronautics has designated the Rolls-Royce full of the richness and wonder that any cou- didate Grant Sawyer. The Legislature of 1961 dealership as one of the nation’s historic aero- ple with a young family could hope to enjoy. established a commission to find out whether space sites—it was the first plant for Aerojet Mr. Speaker, America is a wonderful country discrimination existed. Gov. Sawyer realized a Engineering Corporation, which was the site of where immigrant people who came before us great asset that he had and appointed Dr. Bai- the invention of rocket fuel. populated communities like Buffalo and West- ley as Chairman of the new commission. In The largest automotive mall in the world ern New York, hoping for a better life than the this position he set up a dealers’ school using houses Rusnak/Westlake and BMW, Porsche, one they left behind. My people, coming from loaned gambling tables and space from Al and Audi dealerships. Rusnak Automotive Ireland, did it, and Peter LoJacono’s people Benedict, a Stardust executive. At Dr. Bailey’s Group has received many awards over the did it when they came from Italy. People like suggestion, Benedict recruited managers from years including the first J.D. Powers ‘‘Cus- Peter realize the sacrifice that his forebears other casinos as teachers. Bailey also set up tomer Approved Retailer.’’ But—the best made so that he could live the vaunted Amer- training programs in radio and television jobs, awards have come from the many repeat cus- ican Dream, and his contribution to the com- and other fields. More than 1,000 jobs were tomers who have made Rusnak the number one volume Audi dealer in the Western United munity he lives is can never be overstated. On opened to minorities in 2 years because of his States and the fastest growing Mercedes-Benz behalf of the entire membership of the House efforts. dealer in Southern California. Looking to the of Representatives, I want to thank Peter In 1964 Dr. Bailey opened a club at Miller future, Rusnak now has a new BMW dealer- LoJacono for his ongoing contributions to our and Lexington avenues in West Las Vegas, named ‘‘Sugar Hill.’’ In 1965, Bailey bought ship on the 101 Freeway in Thousand Oaks, community, and I want to thank you, Mr. the riot-damaged West Owens Shopping Cen- California. Speaker, for this opportunity to honor Peter ter and converted it to the Pan-Afro Audito- Mr. Paul Rusnak, his daughter, Liz Rusnak here. rium, which featured great bands, including Arizmendi, Vice President Public Relations, f Sonny Charles and Ray Charles. Bailey also and Rusnak Automotive Group are generous PAYING TRIBUTE TO DR. WILLIAM established the Nevada Economic Develop- supporters of many local charitable organiza- H. BAILEY ment Co., which helped minority businesses tions, including Childrens Hospital Los Ange- get $300 million in government grants over 19 les, Make a Wish of Greater Los Angeles, the HON. JON C. PORTER years. This success led to a job in Washington Pasadena POPS Orchestra, the AIDS Service Center of Los Angeles, Hillsides, Methodist OF NEVADA as Associate Director of the Minority Business Hospital Foundation, the American Red Cross IN THE HOUSE OF REPRESENTATIVES Development Agency. Later, President Bush made him Deputy Director, overseeing and the Ronald McDonald House of Pasa- Wednesday, April 26, 2006 MBDA’s $66 million budget. dena. Mr. PORTER. Mr. Speaker, I rise today to Proud as he is of the civil rights laws he It is my distinct honor to recognize the con- honor Dr. William H. Bailey for his outstanding helped pass, Dr. Bailey believes that today, tributions of Rusnak Automotive Group. I ask career in music and business, but more impor- learning the ropes of business, professions, all members to join me in congratulating Paul tantly for his contributions to the Civil Rights and technology will do the most to improve the Rusnak and his staff for celebrating 40 years movement. On May 2nd of this year Dr. Bailey lives of minorities. He believes that ‘‘education of contributions to the community and auto- will be recognized at the formal dedication of is the light that blinds ignorance’’ and is a motive industry. William H. Bailey Middle School, which is strong advocate for parent participation in f schools, a curriculum that includes fine arts, named in his honor. IN TRIBUTE TO KIRBY GODSEY Dr. Bailey was born Feb. 14, 1927, in De- and preparing all students for college. troit, where his father worked in an auto fac- Mr. Speaker, I am honored to recognize Dr. tory. When his father lost his job during the William H. Bailey on the floor of the House. 1 HON. JIM MARSHALL Depression, the family moved to Cleveland, commend him for his contributions to this OF GEORGIA where Dr. Bailey grew up and learned to sing country and thank him for his continued serv- IN THE HOUSE OF REPRESENTATIVES in church choirs. He finished high school at ice to young students in southern Nevada. Wednesday, April 26, 2006 16, and his musical talent combined with his f Mr. MARSHALL. Mr. Speaker, I rise today in high grades won him a voice scholarship to A TRIBUTE TO RUSNAK honor of Dr. R. Kirby Godsey, of Macon, Morehouse University in Atlanta. While work- AUTOMOTIVE GROUP Georgia, who is retiring after a long, success- ing his way through college by performing in ful tenure as President of Mercer University. I local night clubs, Benny Goodman and John rise to thank Dr. Godsey for his extraordinary Hammond recruited him to sing with Count HON. ADAM B. SCHIFF OF CALIFORNIA wisdom, leadership and grace that blessed not Basie. He then toured the ‘‘Chitlin’ Circuit,’’ IN THE HOUSE OF REPRESENTATIVES only Mercer University and Middle Georgia, performing in black communities of big cities. but me as well. He had three hit records: ‘‘Danny Boy,’’ ‘‘The Wednesday, April 26, 2006 Mr. Speaker, on July 1, 1979, Kirby Godsey Worst Blues I Ever Had,’’ and ‘‘Blue and Sen- Mr. SCHIFF. Mr. Speaker, I rise today to became the 17th president of Mercer Univer- timental.’’ honor the Rusnak Automotive Group in cele- sity. For almost 27 years, Kirby guided Mercer

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.098 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E631 as it grew in prestige and national recognition. Campaign Medal and Republic Vietnam Gal- There is an old saying: ‘‘If you have knowl- U.S. News & World Report has ranked Mercer lant Cross. edge, let others light their candles in it.’’ The as one of the leading institutions in the South Donald is survived by his children, Donald book on the life William B. Welling was com- for 14 consecutive years. The Princeton Re- L. Robb, III, David A. Robb, Daniel L. Robb pleted on April 15, 2006. He can no longer view named Mercer among ‘‘The Best in North and Diana L. Robb, and his wife, Marcia offer advice, make us laugh, or personally America,’’ and USA Today ranked Mercer Robb. pass on his vast wisdom to younger genera- among the Top 10 in three categories for its f tions; however, his indomitable spirit lives on National Academic Achievement Awards for CELEBRATING THE LIFE OF MR. through the countless candles he helped oth- student-athletes. WILLIAM B. WELLING ers to light. Surely that is the mark of a mean- Mr. Speaker, Kirby Godsey’s strong, percep- ingful life. tive, caring, steady and engaging leadership ´ For unyielding service to his country, family, has been critical to Mercer’s success. Without HON. JOSE E. SERRANO friends and community and for being an inspi- him and his commitment to Mercer, I believe OF NEW YORK ration to us all, I ask my colleagues to join me Mercer would not be the University it is today. IN THE HOUSE OF REPRESENTATIVES in bidding a final farewell to a great American, But Mr. Speaker, Kirby Godsey’s beneficial in- Wednesday, April 26, 2006 Mr. William B. Welling. fluence did not end at Mercer’s borders. He Mr. SERRANO. Mr. Speaker, I rise today to f has been a remarkable force for progress in honor the memory of an extraordinary indi- STATEMENT ON H.R. 5020 Macon and Middle Georgia. The lives and vidual who spent his life serving his country projects he touched for the better would be and fellow man. On April 15, 2006, Mr. William too numerous to mention even if I were capa- B. Welling passed away at the age of 82. A HON. EARL BLUMENAUER ble of cataloging them all. Let just a few ex- man of great sincerity, integrity, humility, cour- OF OREGON amples suffice. Under Kirby’s leadership, Mer- tesy, wisdom and charity, Mr. Welling was a IN THE HOUSE OF REPRESENTATIVES cer partnered with the City of Macon and oth- trusted friend and mentor to many and will be Wednesday, April 26, 2006 ers to successfully revitalize and transform the sorely missed by all who had the pleasure of neighborhoods surrounding Mercer’s campus. knowing him. Mr. BLUMENAUER. Mr. Speaker, I opposed Indeed, Kirby Godsey’s Mercer became a A man of many hats, Bill was a historian, the Renzi amendment because, while we all major force for rejuvenating Macon’s central photographer, editor, writer, author and WWII oppose leaks in our intelligence community, business district. And Mercer’s School of Med- Veteran. His love of knowledge coupled with we have learned more about the illegal wire- icine and its School of Engineering were no his strong work ethic helped him to find suc- tapping program, the use of torture and ex- more than dreams before Kirby Godsey’s ten- cess in all of his endeavors. traordinary rendition, and the situation in Iraq ure. Now Mercer-trained physicians provide After honorably serving his country in WWII, from leaks to media outlets than we have from care in underserved rural areas while Mercer Bill returned to the U.S. and earned a degree the administration. While we should do our engineers serve our nation at Warner Robins from Yale University. Upon graduating, he put best to prevent intelligence leaks, we must Air Logistics Center. his many talents to work. His extensive career also ensure that we aren’t being complicit in Mr. Speaker, it is fitting that the CONGRES- included serving as a reporter/aviation editor the cover-up of illegal activities or the manipu- SIONAL RECORD forever include this brief ac- for the Baltimore Evening Sun, account execu- lation of intelligence. knowledgement of the accomplishments of tive for a New York advertising agency, and I also voted against final passage of the In- Kirby Godsey as President of Mercer Univer- chief of technical publicity for the Baltimore Di- telligence Authorization bill because, while it is sity. He will continue to bless those around vision of the Martin Company. He also edited a fine bill, it represents a missed opportunity. him with his uncanny wisdom and grace. Few a quarterly for the North American employees Democrats have tried to address the series of leave such enduringly positive legacies. of the Danish owned Maersk line and regularly intelligence scandals, yet were prevented from f contributed articles to trade and professional doing so by continued abuses of the legisla- media. tive process by the Republican majority. PAYING TRIBUTE TO DONALD Aside from his business career, Bill was rec- f ROBB ognized as a photo historian both in the U.S. and overseas. For five years he edited HOLOCAUST REMEMBRANCE DAY HON. JON C. PORTER Photographica for the American Photographic OF NEVADA Historical Society. This followed the publica- HON. EDOLPHUS TOWNS IN THE HOUSE OF REPRESENTATIVES tion of his Collector’s Guide to Nineteenth OF NEW YORK Century Photographs, which was the first book Wednesday, April 26, 2006 IN THE HOUSE OF REPRESENTATIVES for the photography collecting market pub- Wednesday, April 26, 2006 Mr. PORTER. Mr. Speaker, I rise today to lished in the U.S. He is also the author of honor Donald L. Robb, Jr. retired United Photography in America, The Formative Years Mr. TOWNS. Mr. Speaker, I rise today to States Air Force Major, who passed away on 1839–1900 and East Side Story which was commemorate Yom Hashoah, Holocaust Re- January 11, 2006 in Boulder City, Nevada. privately published on behalf of the Boys membrance Day. I join the Jewish people in Donald was born in Ohio and grew up in Brotherhood Republic of New York. the State of Israel, the United States, and Ohio and Florida. After a few years of college, His strong belief that he had an obligation to across the globe in remembering and honoring He enlisted in the Air Force after he felt the help the youth of his community drove Bill to the 6 million Jews who were brutally murdered call of duty for his country. During his time in spend many years working with the Boys by the Nazi regime during the Holocaust. the military, Donald was stationed at bases in Brotherhood Republic, a youth recreation cen- April 25, 2006 is a day for all people to re- South Carolina, Japan, California, South ter on the Lower East Side. The organization flect upon that most horrific period of history. Korea and Nevada. As Director of Administra- teaches inner city youth the principles of self The Holocaust demonstrated that even a sup- tion for Nellis Air Force Base, Nevada, he su- government and the value of education as a posedly cultured society could tolerate the pervised over 100 personnel. He was the first means to transcend the perils of negative most senseless atrocities. We must keep in such director to receive a ‘‘1’’ rating from the youth activity. The 6 to 18 year old citizens of mind that the Nazi genocide against the Jews Inspector General team. For a total of twenty the Boys Brotherhood Republic (BBR) elect was not perpetrated solely by a lone crazed years Donald served his country as a navi- their own mayor and city council, and admin- individual. It was the carefully considered plan, gator and an administration officer. He re- ister their own police and court systems. years in the works, of a group of genocidal fa- ceived many awards for his dedicated and Under Bill’s guidance these young men be- natics, which won the support of an entire na- outstanding military service, including; the Air came adults, learning how to solve everyday tion. The Holocaust reflected the worst poten- Medal with Oak Leaf Cluster, the Armed problems as responsible committed citizens. tial inherent in human nature for hatred of an Forces Expeditionary Medal with three Oak Mr. Speaker, Bill’s greatest assets in life entire religion simply for existing. Leaf Clusters, the Air Force Outstanding Unit were his intellect and sense of humor. His ex- I am privileged to represent diverse cultures Award, the Combat Ready Medal, the National ceptional ability to pass on knowledge with in Brooklyn. In my district lives a large but Defense Service Medal, the Air Force Lon- constant wit and charm always made him the dwindling population of Holocaust survivors. gevity Service Ribbon with four Oak Leaf ‘‘life of the party’’, leaving all whom he en- Many of these survivors rebuilt their lives with Clusters, the Vietnam Service Medal with six countered feeling not only joyful but more in- nothing more than the shirt on their back. Oak Leaf Clusters, the Republic Vietnam telligent as well. Today, based on the strong foundations of

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.101 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E632 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 those Holocaust survivors, sits the beautiful Once arriving at the shores of America, my TRIBUTE TO MR. REGINALD Jewish communities in my district, including mother—like so many Jews—was hesitant to FOOTMAN Williamsburg, Midwood and Canarsie. These tell her story—hoping that by trying to forget communities represent the best of Jewish life about the war she could move on. But, little by HON. JOSE´ E. SERRANO and have successfully resurrected the Jewish little, we came to know her story and the en- OF NEW YORK community’s wonderful religious heritage from during pain it caused for her and so many oth- IN THE HOUSE OF REPRESENTATIVES the ashes of the Holocaust. Their synagogues, ers. Wednesday, April 26, 2006 yeshivas, kollels, and social service organiza- As we move further and further away from tions, which serve all people of all back- this period of history, those who witnessed Mr. SERRANO. Mr. Speaker, it is with great grounds, would make their ancestors proud. such acts and those of us—who have heard pleasure that I rise today to pay tribute to a On this day, we celebrate their remarkable first-hand accounts become fewer. It is our young man who continues to have a positive achievements in bringing up a generation of duty to pass their stories along so that future impact on the young people of my community Jews who have learned from their parents’ generations can reflect on their courage, valor, through his heart-filled and uplifting music resoluteness the importance of preserving as and heroism. And, it is our obligation to tell about his home borough. Mr. Reginald Foot- much of their tradition as they possibly can. their stories so all of us Jews and non-Jews— man, also known as Barshem, is a recording artist from the Bronx who hopes to steer hip We acknowledge their commitment in the face can heed the lessons of the Holocaust. of unspeakable adversity and their sacrifices Mr. Speaker, I am tremendously grateful for hop back to its roots, providing inspiring mes- so that another generation might carry on their being able to share my family’s experience. I sages over hard-hitting beats. Barshem’s love of languages has helped values. know my mother would be proud to know that him to develop as a lyricist and become the Mr. Speaker, I would like to take this oppor- we are not only paying tribute to those who skillful emcee he is today. He began by writing tunity to recognize the efforts of organizations suffered tremendous pain and hardship, but in my district that have taken extraordinary poetry and small rhymes, but it was not until recalling the Jewish people’s great spirit to his cousin made his first rap record, that steps in servicing and caring for the Holocaust survive, our continued faith in God, and our survivor population: The Metropolitan Council Barshem saw an opportunity for a career. At unwavering belief in freedom and democracy. the young age of 11, he started his own on Jewish Poverty; The United Jewish Organi- f group: ‘‘Energy Posse’’ which evolved into an- zations of Williamsburg; The Council of Jewish other group named ‘‘Alpha Omega.’’ In the Organizations of Flatbush; The Jewish Com- HOLOCAUST MARTYRS AND mid 1990’s, the group became widely known munity Council of Canarsie; The Conference HEROES REMEMBRANCE DAY and performed with other notable artists such of Jewish Material Claims Against Germany; as Jay Z, Lil Kim, Big Pun, and Fat Joe. Peasch Tikvah and all the Bikkur Cholim orga- HON. JOE BACA In the late 90’s, Barshem made his acting nizations. Their selfless work for Holocaust OF CALIFORNIA debut in the movie Above the Rim, working as survivors continues to serve as an inspiration IN THE HOUSE OF REPRESENTATIVES a stand in for the late Tupac Shakur. He to me and it is a great honor to recognize their Wednesday, April 26, 2006 would later accept roles on the television show hard work. Third Watch and a short appearance with Mr. Speaker, I join my colleagues here Mr. BACA. Mr. Speaker, I rise today to com- memorate Yom Hashoah, Holocaust Martyrs Academy Award winner Denzel Washington in today in remembering the Holocaust. Regret- The Manchurian Candidate, but his love for tably, there are still Holocaust deniers today and Heroes Remembrance Day. We pause as a Nation on this day to remember the 6 million hip hop kept him focused on his music. He and it is imperative that we never forget and has written title tracks for movies such as: continue to learn from this unforgettable chap- Jews who perished under Nazi oppression. Between 1938 and 1945, the Nazi govern- Rock the Paint, Marci X, Bull’s Night Out and ter of history. ment systematically attempted to annihilate Full Clip. f the entire Jewish population simply because of After many years of acting and rapping, YOM HASHOAH its religion, culture, and history. Countless Barshem met Allen Boxer, an investment families were torn apart, entire communities banker with whom he partnered to create B&B decimated. Records, LLC. And now, one year after his HON. ALLYSON Y. SCHWARTZ first song was recorded, Barshem & B&B OF PENNSYLVANIA On Yom Hashoah, we not only mourn for Records, LLC are set to release Barshem’s IN THE HOUSE OF REPRESENTATIVES those who lost their lives, we mourn for one of humanity’s darkest times. And we reflect on debut album: Ghettonometry which includes a Wednesday, April 26, 2006 what hatred, ignorance, indifference and preju- hit single dedicated to the borough of the Ms. SCHWARTZ of Pennsylvania. Mr. dice can do to mankind when allowed to breed Bronx. Speaker, I rise today to commemorate Yom unchecked. Throughout his career, record executives Hashoah, Holocaust Martyrs and Heroes Re- Yom Hashoah also marks the anniversary of have pushed Barshem to produce violent and membrance Day. the Warsaw Ghetto uprising of 1943. It is a misogynistic music; however, he has consist- On this day of remembrance, we mourn—as time to reflect on the bravery of those who ently stood his ground and refused to com- a community, as a nation, and as a world—the fought for justice, freedom and for survival in promise his belief that music should empower, 6 million Jews who lost their lives during one the face of torture and oppression. not destroy. Fortunately, his hard work has fi- of the darkest periods of our history. We pray It is fitting then, that this year’s Yom nally paid off and he is set to release an that those still pained and anguished by the Hashoah theme is ‘‘Legacies of Justice,’’ hon- album that he can say he did his way. unimaginable suffering may find peace and oring the Holocaust survivors who stood as Mr. Speaker, I am proud to represent the comfort. And we reflect on what can happen witnesses during the Nuremberg Trials. district that gave birth to hip hop and it is my when the world fails to confront evil, hatred, Their legacy calls on us to never forget the hope that today’s hip hop artists will remember and bigotry. atrocities that occurred and to never again the spirit of self-empowerment that once char- Yom Hashoah is also a time to remember turn our backs on human suffering, regardless acterized this music genre and realize the tre- the individual acts of martyrdom and heroism of where it occurs in the world. They call on mendous positive influence they can have committed during the Holocaust. We recall us to stand for freedom—not only for our- throughout the world. those brave Jewish martyrs in the Warsaw selves but also for all humanity—to fight for I applaud Barshem for staying true to these ghetto armed only with pistols and Molotov those too weak to defend themselves, and to principles and never forgetting his roots in the Bronx. cocktails who repulsed the sophisticated stand vigilant against apathy and hatred. weaponry of the Nazis for one month. We re- Today as we commemorate our Jewish f call those righteous gentiles who risked their martyrs and heroes at the National Rotunda, COMMEMORATION OF HOLOCAUST lives to shelter and protect Jews. And, we re- let us remember our duty to speak out against REMEMBRANCE DAY call those who were forced to leave their suffering and injustice. homeland in search of new lives in unfamiliar We best honor the 6 million who perished at HON. CAROLYN B. MALONEY lands. the hands of hatred by fighting against anti- OF NEW YORK My mother, Renee Perl, was one of the Semitism, racism, sexism, and other forms of IN THE HOUSE OF REPRESENTATIVES many who had to flee their homeland. Forced discrimination that seek to divide us. to start anew at the mere age of 14, she left And we must vow to never allow such trage- Wednesday, April 26, 2006 Austria—alone—spending time in Holland and dies to happen again. For our sake, for our Mrs. MALONEY. Mr. Speaker, I rise in England before arriving in Philadelphia at 16. children’s sake, and for the sake of humanity. honor of Holocaust Remembrance Day, Yom

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.105 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E633 HaShoah, to pay respect to the millions of ON THE ARMENIAN GENOCIDE 91ST ANNIVERSARY OF THE Jews who perished as a result of the Holo- ARMENIAN GENOCIDE caust. Today more than ever, it is important to recall the insanity that swept through Europe HON. CHRISTOPHER H. SMITH and allowed ordinary men and women to be- OF NEW JERSEY HON. JAMES P. McGOVERN come mass murderers or to permit others to OF MASSACHUSETTS turn a blind eye to the killing. We need to re- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES member the six million Jews whose lives were Wednesday, April 26, 2006 cut short because of a concerted effort to an- Wednesday, April 26, 2006 nihilate an entire people. Their deaths were Mr. SMITH of New Jersey. Mr. Speaker, I not the natural result of war and deprivation. rise to join my voice with those of my col- Mr. MCGOVERN. Mr. Speaker, 91 years They were killed intentionally and for no other leagues who once again are commemorating ago, a systematic and deliberate campaign of reason than that they were Jews. We should the Armenian Genocide. On this somber day, genocide was initiated by the Turkish Ottoman also celebrate the brave individuals who shel- we take time to recall the horrors of long ago, Empire against its Armenian population. Be- tered, cared for and protected Jews despite as Armenians are doing all over the world. Be- ginning in 1915, and continuing over the next the danger to themselves. ginning in 1914, over 1.5 million people were It is shocking to find that a mere 61 years eight years, over one and a half million Arme- systematically killed in what historians call the nians were tortured and murdered, and an- later, Iran’s President Mahmoud Ahmadinejad first genocide of the twentieth century, and is openly denying the very existence of the other half million were forced from their home- over half a million Armenians had to leave land into exile. Holocaust. President Ahmadinejad stunned their homeland. the world last December when he made a In his annual April 24th commemoration Knowledge about the Armenian Genocide is speech declaring that the Nazi’s mass murder statement, President Bush once again failed to spreading. Just recently, PBS broadcast an of Jews during World War II was a myth. For- acknowledge this annihilation of a people as extremely detailed and heart-rending examina- eign minister Manouchehr Mottaki affirmed genocide. In a time when the denial of the Ar- tion of the subject. Even in Turkey, where the that Holocaust denial is now the official Iranian government refuses to acknowledge what hap- menian genocide is again on the rise in Tur- government position. ‘‘The words of [Presi- pened or consider accepting any responsibility key—and through its agents, even here in the dent] Mahmoud Ahmadinejad on the Holo- for it, a growing number of historians and United States as witnessed by a federal law- caust and on Israel are not personal opinions, prominent individuals have openly defied An- suit in Massachusetts opposed to our public nor isolated statements but they express the kara to speak truth to power. They include school history curriculum on genocide—Presi- view of the [Iranian] government,’’ Mottaki Orhan Pamuk, the country’s leading writer. dent Bush once again squandered an oppor- said. tunity to demonstrate American courage and In March 2006, at the initiative of Iran’s Su- Turkish officials sought to bring criminal charges against him for ‘‘defaming leadership and speak out with moral clarity on preme Leader Ayatollah Ali Khamenei, state- the issue of genocide. By failing to affirm the run Isfahan University sponsored a conference Turkishness’’ but in the end, thankfully, thought better of it. Armenian Genocide, President Bush insults to ‘re-examine the scientific evidence for the the suffering endured by the Armenian people Holocaust.’ More conferences are expected, Unfortunately, President Bush, in his annual and especially the remaining survivors of the as Iran tries to wrap its insupportable views in message about the Genocide, did not use the genocide, most of whom are now in their 90s. scholarship. Unfortunately, these Iranian lead- word. Once again, terms like ‘‘mass killings’’ ers are giving voice to a view that is becoming and ‘‘forced exile’’ mask the depth of the hor- Luckily, such leadership and courage is not all too common. ror that took place, carefully avoiding the plain lacking among the Armenian-American com- After President Ahmadinejad spoke, the vast truth. In fact, as has been described in numer- munity. Not only do they continue their historic majority of world leaders immediately con- ous newspaper articles, Ambassador John work on the recognition and documentation of demned his irrational claims. UN Secretary- Evans, who was posted in Yerevan, is being the Armenian Genocide, but they are genuine General Kofi Annan urged all UN members to recalled for having the courage to say publicly leaders and partners in efforts to educate ‘‘combat such denial and to educate their pop- that what happened to the Armenians of the Americans about the other genocides of the ulations about the well established historical Ottoman Empire was Genocide. It saddens 20th and 21st Centuries—the Holocaust of facts of the Holocaust, in which one third of me that the U.S. Government would go to World War II, Cambodia, Rwanda and Bosnia, the Jewish people were murdered along with such lengths to deny the undeniable. I would to note some of the most prominent. countless members of other minorities.’’ I be- like to commend Ambassador Evans for his Most recently, the Armenian-American com- lieve we need to take affirmative steps in the bravery—as a career Foreign Service Officer, munity has been actively engaged in bringing United States to make sure that our young he must have known what the consequences to the attention of U.S. and world leaders the people understand the horrors of that evil might be. genocide going on right now in Darfur, Sudan. time. That’s why I introduced the Simon I express solidarity with my colleagues in I would like to honor, in particular, the work of Wiesenthal Holocaust Education Assistance this Congress who called upon President Bush Mr. George Aghjayan, Chairman of the Arme- Act of 2005, to ensure that programs are de- to call the Genocide a Genocide. I hope this nian National Committee of Central Massachu- veloped throughout the country to teach young is the last year when the United States Gov- setts, who has been especially active in edu- people about the millions who died and the ernment will shrink from using the word in its cation and organizing activities about Darfur. terrible repercussions of unfettered hatred. I description of what the Armenians of the Otto- Mr. Aghjayan, who lives in Worcester, Massa- am pleased that Senator MENENDEZ intro- man Empire endured. chusetts, has helped rally interest and support duced a companion bill in the Senate today. on Darfur not only from his own community, As the generations who survived the Holo- Finally, in my annual statements on the Ar- but from college students, religious leaders, caust pass away, we need to make sure that menian Genocide, I often refer to the and genocide survivors. new generations know the horrors of that ter- Nagorno-Karabakh conflict and comment on rible time. We need to make sure that those the status of the talks underway to resolve it. I’m proud to be a member of the House who would deny the existence of the Holo- In the last year, official sources in Yerevan Caucus on Armenian Issues, and to support caust do not have the ability to rewrite history. and Baku, as well as Washington, have occa- the activities taking place today in the U.S. The pain of those who perished at the hands sionally indicated that a deal was close. Congress in memory of the Armenian Geno- of the Nazis is all too real. We have an obliga- Hopes were high for the meeting last month cide. I am more proud, however, to have had tion to remember a time when pure evil swept between Presidents Kocharian and Aliev in the opportunity to meet and learn from the ex- the globe, millions were swallowed up in the Rambouillet, France. Unfortunately, we did not tensive Armenian-American community in cen- gas chambers and the Jewish people were see the desired outcome. tral Massachusetts and from their exemplary nearly wiped out of existence. As Simon I hope that the negotiations will soon suc- community leaders, like George Aghjayan and Wiesenthal said, ‘‘For your benefit, learn from ceed in resolving this painful conflict. An Ar- his wife, Joyce. Through them I have found our tragedy. It is not a written law that the next menia at peace with Azerbaijan would not my own voice and determination to denounce victims must be Jews. It can also be other dampen the painful memories of events in the genocide wherever it is taking place, and to people. We saw it begin in Germany with early twentieth century, but it would offer reas- confront the culture of denial that would erase Jews, but people from more than twenty other surance over the prospects of Armenia in the the historical record of the Armenian Geno- nations were also murdered.’’ twenty-first. cide.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A26AP8.109 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E634 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 PAYING TRIBUTE TO LAMAR Fortunately, many Americans are committed strong San Joaquin Valley agricultural indus- MARCHESE to providing the resources to wage this battle, try. and, with National CF Month approaching, it is In addition to his entrepreneurial spirit—Jack HON. JON C. PORTER important that we recognize the many local re- has also diversified his community interests by OF NEVADA sources to support this important task. serving on various boards throughout the Val- IN THE HOUSE OF REPRESENTATIVES The local chapter of the Cystic Fibrosis ley. These boards include the Westlands Thursday, April 27, 2006 Foundation is an active participant in the na- Water District, the Fresno Metropolitan Mu- tional Great Strides walk to raise funds for CS seum, Channel 18 KVPT—public program- Mr. PORTER. Mr. Speaker, I rise today to research—participants across the country ming, the Clark Museum in Hanford, and the honor Lamar Marchese for his long and distin- have succeeded in raising more than $150 Fresno County Grand Jury. Mr. Woolf has also guished career at Nevada Public Radio. million since 1989. The local chapter will par- been generous in giving back to the commu- When Lamar Marchese moved to Las ticipate in this year’s walk next month at North nity. The following institutions have all bene- Vegas in 1972 he noted the absence of a pub- Park Lake in my district. fited from his philanthropic efforts: CSU Fres- lic radio station. Marchese, his wife Patricia The local CF Foundation office also encour- no, University of Santa Clara, Fresno Metro- and a small group of founding board members ages friends and families of CF patients to politan Museum, Santa Catalina School in incorporated Nevada Public Radio in Decem- provide support for such resources and re- Monterey, Channel 18 KVPT, the Clark Mu- ber 1975 as an independent non-profit cor- search, and the Nicotras have been local lead- seum and Saint Agnes Hospital. Furthermore, poration. Lamar served as Chairman of the ers with Hayden’s Heroes, which is hosting a the agricultural community in Fresno has de- Board while the station was in formation in the ‘‘Dancing with the Pittsburgh Stars’’ event to cided to establish a Jack Woolf Scholarship late 1970s. In late 1978, he resigned from the raise awareness of the disease and support Endowment fund which will be awarded to stu- Board and became a candidate for General local resources, and a local talent-training or- dents pursuing a degree in the College of Ag- Manager. Lamar was hired in this capacity in ganization in my district, the In Tune Studio, is ricultural Sciences and Technology. January 1979. KNPR, the first NPR affiliated also working on an event to support CF re- On behalf of the residents in the San Joa- radio station in Nevada, signed on the air in search. quin Valley, it is with great pleasure that I March 1980 while housed in a janitors’ closet It is through such community efforts that we stand today to laud the efforts of Jack Woolf at the former Silverbowl Stadium on Boulder will understand more about CF and treat this and extend my utmost appreciation for his Highway. Under Lamar Marchese’s leadership disease, and I commend the dedication and contributions and continued loyalty to the com- KNPR has evolved from its humble beginnings tenacity of the local chapter of the CF Founda- munity. at Silverbowl Stadium to a public radio net- tion and, in particular, the Nicotras and their f work that now operates a system of two Las family, for advancing this important cause. Vegas stations, four associate stations in I ask my colleagues in the United States TRIBUTE TO U.S. FAMILY HEALTH Tonopah, Panaca, Lund/Ely and St. George, House of Representatives to join me in recog- PLAN Utah, nine rural translators and a statewide nizing National Cystic Fibrosis (CF) Aware- radio reading service for the blind and hearing ness Month and the Cystic Fibrosis Founda- HON. PETE SESSIONS impaired. tion. It is an honor to represent the Fourth OF TEXAS Mr. Speaker, I am proud to honor Lamar Congressional District of Pennsylvania and a IN THE HOUSE OF REPRESENTATIVES Marchese for his distinguished career and pleasure to salute a worthy cause like the Thursday, April 27, 2006 keen leadership that has allowed public radio Cystic Fibrosis Foundation. in Nevada to thrive. His dedication to providing f Mr. SESSIONS. Mr. Speaker, on this, day a public voice over the airwaves has allowed 25 years ago the U.S. Family Health Plan was untold numbers of people to access a variety IN RECOGNITION OF JACK approved by the U.S. Congress. For the past of radio programs. I wish him the best in his WOOLF’S LIFETIME ACHIEVE- 25 years the U.S. Family Health Plan has pro- retirement. MENTS vided a commitment and service to the Na- f tion’s military health system by caring for our SUPPORTING THE GOALS AND HON. JIM COSTA military families. Through the years, the U.S. IDEALS OF NATIONAL CYSTIC FI- OF CALIFORNIA Family Health Plan has been a valued partner BROSIS AWARENESS MONTH IN THE HOUSE OF REPRESENTATIVES with the U.S. Department of Defense by con- tinuing to serve nearly 100,000 military bene- Thursday, April 27, 2006 SPEECH OF ficiaries today. Mr. COSTA. Mr. Speaker, I rise today to The U.S. Family Health Plan is a proud HON. MELISSA A. HART recognize and honor the lifetime achievements member ofthe TRICARE program. It has dis- OF PENNSYLVANIA of Jack Woolf from Fresno, CA. tinguished itself by consistently earning the IN THE HOUSE OF REPRESENTATIVES For more than 30 years, Jack Woolf and his highest beneficiary satisfaction ratings among Tuesday, April 25, 2006 family have been an integral part of the devel- all TRICARE providers. The plan is adminis- Ms. HART. Madam Speaker, today, as we opment of diversified agriculture on the west tered by some of this Nation’s finest health consider H. Con Res. 357 to support the goals side of Fresno County. He has been an active care institutions, including Johns Hopkins— of National Cystic Fibrosis (CF) Awareness community member who has tirelessly worked Maryland, Brighton Marine Health Center— Month in May, I would like to bring attention to to promote Fresno and the agricultural indus- Massachusetts, Martin’s Point Health Care— such efforts in my district and in western try. Mr. Woolf embarked upon his entrepre- Maine, St. Vincent Catholic Medical Centers— Pennsylvania. neurial career in 1974, with the creation of New York, CHRISTUS Health—Texas, and One such family in my district, the Nicotras, Woolf Enterprises. The business began as a Pacific Medical Centers—Washington State. are doing just that. ‘‘Hayden’s Heroes’’ was simple row crop operation but under Jack’s U.S. Family Health Plan’s roots date back to formed in 2005 by Sam and Rhea Nicotra to watchful eye it grew into a large agricultural 1981 when the Omnibus Reconciliation Act support CF research. The Nicotras’ grandson, business that ultimately branched out into designated 10 public health hospitals as U.S. Hayden Klein, was diagnosed with CF in many agricultural industries. Treatment Facilities to provide care for the 2004, when he was just one week old. The Presently, Woolf Enterprises products in- uniformed services through an agreement with Kleins and their family faced the questions fa- clude tomatoes, garlic, cotton, wheat, alfalfa, DoD. In 1993, that designation evolved into a miliar to many CF patients and their loved wine grapes, almonds and pistachios. In addi- fully at-risk managed healthcare plan named ones about genetic factors, the difficulty in di- tion, Jack Woolf is a partner in several proc- U.S. Family Health Plan. The plan’s popularity agnosing CF and, of course, the challenges in essing plants, an irrigation business and an grew in the regions where it was offered. In treating and managing the disease. agricultural nursery. Mr. Woolf is an individual 1996, the National Defense Authorization Act The Kleins had no history of the disease on who, through hard work and his commitment designated the U.S. Treatment Facilities as either side of the family and, since CF patients to a vision of a better future, has established TRICARE Prime Designated Providers and can look healthy, there is no way to diagnose Woolf Enterprises as a cornerstone in Califor- made the U.S. Family Health Plan a perma- the disease just by looking at him or her. nia’s agriculture industry. By serving in leader- nent part of the military health system. Clearly, cystic fibrosis is stealthy; we have ship positions with various agriculture and Please join me in congratulating the U.S. much to learn about its origins, how to treat it water agencies, Mr. Woolf has been able to Family Health Plan on their 25 years of serv- and, ultimately, how to defeat it. promote his dynamic vision and direction for a ice to our Nation’s military families and for

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.001 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E635 their outstanding contributions to military A TRIBUTE TO EVA MURILLO HONORING AL TROUT, MANAGER health care. OF THE BEAR RIVER MIGRA- HON. JIM COSTA TORY BIRD REFUGE, BOX ELDER f COUNTY, UTAH OF CALIFORNIA PAYING TRIBUTE TO BRUCE IN THE HOUSE OF REPRESENTATIVES HON. ROB BISHOP JAMES Thursday, April 27, 2006 OF UTAH Mr. COSTA. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES HON. JON C. PORTER honor and remember the life of Eva Murillo. Thursday, April 27, 2006 Ms. Murillo was a prominent advocate for vic- OF NEVADA tims and survivors of violent crime in the State Mr. BISHOP of Utah. Mr. Speaker, the Na- tion’s premier refuge, the Bear River Migratory IN THE HOUSE OF REPRESENTATIVES of California. She passed away on April 4, 2005. Bird Refuge, is located just west of my home Thursday, April 27, 2006 Eva Murillo was born on July 29, 1946 in in Brigham City. I rise today in tribute to Mr. Delicias, Chihuahua, Mexico. She came to the Al Trout, who has served as the refuge man- Mr. PORTER. Mr. Speaker, I rise today to ager for the last seventeen years and is now 1 United States at the age of 11 and lived in honor Bruce James, who is retiring after 3 ⁄2 retiring after an illustrious career with the years as the Public Printer of the United Sacramento, California where she became a United States citizen. Ms. Murillo earned her United States Fish and Wildlife Service. States. Al came to Utah and the refuge in 1989, in- B.A. in Liberal Studies from California State Bruce James was appointed by President heriting a rented office with no staff and little University Northridge and upon graduation she Bush to be the Public Printer of the United budget. Al rallied hundreds of volunteers who worked as a Project Coordinator for El States in 2002 and made a commitment to donated nearly seventeen thousand hours of Proyecto, where she helped at-risk youth. In serve three to five years. Bruce is able to labor and raised fifty thousand dollars in cash 1991 a business trip led her to Hanford, Cali- claim many successes during his tenure as to reopen the refuge which had been deci- fornia, where she fell in love with the commu- the Public Printer of the United States, most mated by floods six years earlier. The refuge nity and its small town charm. She imme- notably that he took a government office oper- now covers over seventy four thousand acres diately decided to move her family there. ating at a $35 million-a-year deficit and made of wetlands, marshes, mudflats and open Shortly after her arrival in Hanford, Ms. it profitable, using those profits to reorganize water. Over one hundred varieties of common Murillo worked with Kingsview Community the agency to increase the use of digital tech- and exotic bird species frequent the refuge. Services. It was there that she discovered her nology and the Internet in carrying out its busi- Bird counts during the peek migration months passion to help victims of crime and embarked ness. are up into the millions, from as far away as on a life-filling career. Mrs. Murillo’s advocacy Russia, Central America and the Pacific Is- Mr. Speaker, I am proud to honor Bruce efforts include her twelve years of distin- lands. In 2001, the refuge was designated as James for his distinguished record as head of guished service to the Kings County Victim the Western Hemisphere Shorebird Reserve. the Government Printing Office. In this role as Witness Assistance Program, in which she For his efforts, Al was named Refuge Man- a public servant he served with honor and dig- compassionately pioneered efforts to help ager of the Year in 2001, the Service’s most nity. I wish him the best in his retirement and women in abusive relationships. Ms. Murillo’s prestigious award. with any future endeavors. work ethic proved that working for victims and Al played a key role in the revival of one of survivors of violent crime was more than just the Nation’s oldest refuges, created by an act f a job, but a way to give back to her commu- of Congress in 1928. Al was instrumental in nity. Her uncanny ability to bring people to- TRIBUTE TO BEAVER COUNTY the creation of the Friends of Bear River Ref- gether and her sincere demeanor truly rep- CHILDREN AND YOUTH SERVICES uge, which raised 1.5 million dollars for the resented the 2006 National Crime Victims’ construction of the recently dedicated James Rights Week theme of ‘‘Strength in Unity.’’ V. Hansen Wildlife Education Center, which is HON. MELISSA A. HART On March 26, 2006, Ms. Murillo accepted a destination point for birders throughout the an award from the Soroptimists International OF PENNSYLVANIA world and stands as a testament of Al’s vision, of Hanford for making a difference in her com- determination, and efforts in restoring the Bear IN THE HOUSE OF REPRESENTATIVES munity. An excerpt from the award given to River Migratory Bird Refuge. Ms. Murillo described her as a person with Thursday, April 27, 2006 Thank you, Al, for the air boat tours of the ‘‘true compassion for those she came into refuge and your excellent management of the Ms. HART. Mr. Speaker, I would like to take contact with.’’ refuge—you will be missed! Congratulations this opportunity to recognize the Beaver Coun- To honor the tremendous contribution of on your well-deserved retirement. I extend to ty Children & Youth Services. Mrs. Murillo, the Congressional Victim’s Rights you, your lovely wife, and your three children Caucus has decided to name one of our an- The Beaver County Children & Youth Serv- my best wishes for success in the years that nual victim’s rights awards after her. It will be ices organization helps place children who are lie ahead. called ‘‘The Eva Murillo Unsung Hero Award.’’ victims of child abuse in safe foster homes. f This award will be given to a crime victim/sur- The program has three different areas of serv- vivor who has taken a personal tragedy to tri- PAYING TRIBUTE TO FRIENDS IN ice, which include general protective services, umph over adversity. The honoree is a person THE DESERT teen protective services and substitute care. who has utilized his or her experiences as a On April 27, 2006, the Commissioners of crime victim to promote public education and Beaver County will announce that May 2006 HON. JON C. PORTER awareness, public policy development, or OF NEVADA will be designated as ‘‘Beaver County Foster greater awareness about crime victim’s rights IN THE HOUSE OF REPRESENTATIVES Parent Month.’’ As part of the event, the Bea- and needs. Their efforts result in increased ver County Children & Youth Services will tie help and hope for other victims and survivors Thursday, April 27, 2006 a blue ribbon to a large tree for each child in of crime. Mr. PORTER. Mr. Speaker, I rise today to placement throughout Beaver County. In addi- Eva Murillo is survived by her husband honor the volunteers of Friends in the Desert tion, there will be a large blue ribbon displayed Tomas and three children: Gerald, Jo Ann and for their tireless effort to provide food to the in the courthouse for the duration of Foster Lory. She is also survived by her daughter-in- needy. Parent Month. Protecting children is an impor- law Irma and three grandchildren: Jade, Julian Six days a week, volunteers with Friends in tant issue and I commend the efforts of the and Justine. the Desert feed the homeless of Henderson, staff at the Beaver County Children & Youth Eva Murillo cared deeply about advocating Nevada out of the dinning hall at St. Timothy’s Services. for victims and witnesses of violent crime. Her Episcopal Church. Their efforts not only fill the I ask my colleagues in the United States warm and compassionate personality which in- daily nutritional needs for some of the commu- House of Representatives to join me in recog- spired those around her will be missed deeply nities less fortunate members, but also provide nizing the Beaver County Children & Youth by the people of Kings County. I would like to them with a taste of home cooking, rather than Services and Beaver County Foster Parent extend my deepest condolences to her friends institutional food. The more than 3,000 volun- Month. and family. teers associated with Friends in the Desert

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.004 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E636 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 served more than 20,000 dinners during the of progressive politics and independent rep- land, Maine, and when she was 13, she year. The system used by this non-profit group resentation in Albany. moved to Miami, Florida. harnesses the good intentions of a wide swath Linda first got involved in politics after a dis- Elsa studied at the Universities of Alabama of the Henderson community. Friends in the pute with her landlord more than 20 years and Miami, where she learned to dance and Desert provides a place for the privileged ago. This experience led her to become a studied education and social psychology. She members of society to reach out to those less staunch advocate of tenants’ rights. Through- was married in 1956 to Mel Greenberg, who out her career, Linda has worked with both in- fortunate. would later found the Miami-based Greenberg dividuals and with community groups to se- Mr. Speaker, I am proud to honor the volun- Traurig law firm in 1967. teers of Friends in the Desert for their commit- cure funding and legislation to help low- and ment to helping provide food for the homeless. middle-income residents. A devoted wife and mother of three chil- The sheer size and scope of their operation is As Manhattan Director and Director of Spe- dren—Dianne, Carol, and Michael—Elsa was a testament to their dedication and their efforts cial Projects for the 8th Congressional District, widely-known in South Florida as a thoughtful should be applauded. Linda was instrumental in enacting several ini- and gracious hostess, and, with Mel, a gen- f tiatives to enhance the quality of life for the erous philanthropist and engaged citizen. She residents of my District. Linda has been a re- was for many years an avid classical music TRIBUTE TO RICHARD R. RUBANO, lentless advocate of such community improve- and tennis fan, a political devotee, and a gour- JR. ment projects as the Hudson River Park, the met cook, even picking up the art of 72nd Street subway renovation, various senior macrobiotic cooking after Mel was diagnosed HON. MELISSA A. HART and community centers, local parks, play- with cancer. Elsa and Mel were married for 38 OF PENNSYLVANIA grounds, and green spaces. years. IN THE HOUSE OF REPRESENTATIVES Perhaps Linda’s most significant contribution Elsa now devotes herself primarily to her followed the notorious attacks on the World Thursday, April 27, 2006 family. Invariably, she can be found with her Trade Center in my district on September 11, children and their spouses Steve, Mark, and Ms. HART. Mr. Speaker, I would like to take 2001. Following the attacks, Linda passion- Maria and her grandchildren Arik, Ditty, Dan- this opportunity to recognize the Super- ately fought the Environmental Protection iel, Josh, Brian, Melanie, and Carolina. Elsa intendent of Farrell School District Richard R. Agency to provide adequate clean-up efforts continues to be a refined hostess, now pass- Rubano, Jr. to improve the air quality for those who live ing on her secrets to her family. She has also Mr. Rubano not only serves as the Super- and work in lower Manhattan. The fight is on- taken up knitting, amazing her family and intendent of the schools in Farrell, but also going, but her dedication to the cause may friends with her impressive mastery of the teaches a leadership class to juniors and sen- well save countless lives. Linda also worked craft. Elsa Greenberg continues to be a strong iors in the school district one day a week. The strenuously to compel the Lower Manhattan political enthusiast and is, in short, a patriotic subjects taught in the class vary from speech Development Corporation to free up more citizen—the kind of constituent we all want in preparation to key decisionmaking to job and Federal grant money to aid in the economic our districts. college outlook. This leadership class has be- recovery of small businesses in the area. come very popular among students in the In Albany, Assemblywoman Rosenthal has For her commitment to her family, to her Farrell School District. hit the ground running. Since taking office, she community, and to her nation, it is my privilege Mr. Rubano has been the superintendent of has already introduced significant legislation, to wish Elsa Greenberg a very happy 70th the Farrell School District since 1997. Before sponsored over 40 bills, testified before State birthday. becoming the superintendent, Mr. Rubano agencies, and met with community leaders spent many years as a teacher, then principal. and constituents about the issues facing our f Mr. Rubano has served as a team facilitator neighborhood. She has also been named to for a group of ten who designed new math the Committees on Housing; Corporations, Au- PAYING TRIBUTE TO SIGRID curriculum for grades K–6. He also assisted in thorities and Commissions; Agriculture; Alco- SOMMER writing the district’s Act 178 Professional De- holism and Drug Abuse; and Energy. velopment Plan. Mr. Rubano has dedicated Linda Rosenthal is the kind of public servant his career to bettering the education of young every Member of Congress wants to work HON. JON C. PORTER minds. with. Her selfless dedication to her job, her OF NEVADA I ask my colleagues in the United States fierce protection of my office and my reputa- IN THE HOUSE OF REPRESENTATIVES House of Representatives to join me in recog- tion, and her genuine interest in helping the nizing all of the hard work and time Richard R. greater good, are all a testament to her char- Thursday, April 27, 2006 Rubano Jr. has put in to make the school dis- acter. I am saddened to see her leave my of- trict better. It is an honor to represent the fice after 13 years, but I am also deeply proud Mr. PORTER. Mr. Speaker, I rise today to Fourth Congressional District of Pennsylvania of her. I can’t think of anyone who deserves honor Sigrid Sommer for her wonderful service and a pleasure to salute such a dedicated in- to hold public office more than Linda. to Las Vegas and her commitment to public dividual like Richard R. Rubano, Jr. For her commitment to her neighborhood, international education. f her city, her State, and her Nation, it is my Sigrid Sommer has served with great dis- privilege to congratulate Assemblywoman IN HONOR OF LINDA ROSENTHAL tinction as Germany’s Honorary Consul in the Linda Rosenthal on her record of distinguished ON THE OCCASION OF HER ELEC- Las Vegas area and beyond. She has enjoyed service, and on her recent election, and to join TION TO THE NEW YORK STATE the highest possible respect for her profes- the rest of her constituents in high expecta- ASSEMBLY sional accomplishments, as well as affection tions of her future public service. for her warmth and friendliness, by all those HON. JERROLD NADLER f who have had the privilege of working with IN HONOR OF ELSA GREENBERG her, both in Germany and the United States. OF NEW YORK She has resided in the Las Vegas area for IN THE HOUSE OF REPRESENTATIVES ON THE OCCASION OF HER 70TH BIRTHDAY some 30 years and comes from a distin- Thursday, April 27, 2006 guished family of diplomats and journalists in Mr. NADLER. Mr. Speaker, I rise today to HON. ALCEE L. HASTINGS Germany. She is a fixture in local business, congratulate Linda Rosenthal on the occasion cultural and political affairs and is married to OF FLORIDA another well-respected member of the Las of her election to the New York State Assem- IN THE HOUSE OF REPRESENTATIVES bly. After a lifetime on the Upper West Side, Vegas community, attorney George Golson. more than 2 decades of community activism, Thursday, April 27, 2006 She has received many accolades for her per- and 13 years as my Manhattan District Direc- Mr. HASTINGS of Florida. Mr. Speaker, I sonal and professional accomplishments, most tor and Director of Special Projects, on Feb- rise today to honor Elsa Greenberg on the oc- notably receiving the ‘‘Cross of Merit’’ from the ruary 28th, 2006, Linda was elected to rep- casion of her 70th birthday. Elsa was born German government in 1996. resent the 67th Assembly District. April 25th 1936, in Providence, Rhode Island, Mr. Speaker, I am proud to honor Sigrid Assemblywoman Rosenthal’s dedication to her six minutes after her twin sister Saralee. Elsa Sommer for her personal and professional constituents continues the West Side’s legacy grew up in Brookline, Massachusetts and Port- success. I wish her the best in her retirement.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.009 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E637 TRIBUTE TO CHARLES MOHAN The science of climate change has become at the predecessor company, Loral Corpora- clear and alarming. NASA recently confirmed tion, since 1972. HON. MELISSA A. HART that 9 of the last 10 years have been the Loral Space and Communications designs OF PENNSYLVANIA warmest since modern records began in 1861, and manufactures large, geostationary tele- IN THE HOUSE OF REPRESENTATIVES with 2005 topping the list. Much of this rise communications satellites, and through its can be explained by a 35 percent increase Skynet subsidiary provides a wide range of Thursday, April 27, 2006 over preindustrial levels of carbon dioxide in satellite services. Under Mr. Schwartz’s wise Ms. HART. Mr. Speaker, I would like to take the atmosphere, caused by the burning of fos- leadership, Loral Space and Communications this opportunity to recognize and congratulate sil fuels, deforestation, and industrial produc- has played a central role in the development Charles Mohan for all of his hard work with tion. of the satellite industry and a central role in the United Mitochondrial Disease Foundation, Even if we stopped emitting greenhouse satellite services for our nation. UMDF. gases today, the current levels of carbon diox- Bernard Schwartz is a legend on Wall Street This year the UMDF celebrates its 10th an- ide in our atmosphere will cause the Earth’s and in the defense industry. He is highly re- niversary and the retirement of founder and temperature to reach its highest point since garded for his work in the fields of economic Board Chair, Charles Mohan. Mr. Mohan start- the end of the Ice Age some 9,000 years ago. growth, industrial policy, technology and na- ed the foundation after his daughter, Gina, lost Average global temperatures could rise by 3 tional security. He gives generously of his her courageous struggle with mitochondrial to 10 degrees Fahrenheit by the end of the time, his talents and resources to many orga- disease. The UMDF is headquartered in Pitts- century. This would melt the polar ice caps, nizations to further examine these topics. burgh and has funded more than $3,000,000 causing sea level to rise twenty or more feet, Among his extraordinary contributions are the for research to find a cure for this devastating causing severe worldwide flooding that would endowment of academic chairs for the study disease. put large parts of Florida and California under- of economic policy and international affairs at I ask my colleagues in the House of Rep- water. Warmer weather will also lead to se- New School University and Johns Hopkins resentatives to join me in congratulating vere weather patterns that will contribute to University, as well as establishing a fellowship Charles Mohan for his work with the UMDF. It food shortages, increase the spread and se- program in public policy at the New America is an honor to represent the Fourth Congres- verity of disease, increase the damage and Foundation. He is a Trustee of New York Uni- sional District of Pennsylvania and a pleasure displacement from a range of natural disas- versity Hospitals Center where he established to salute such a dedicated individual. ters, and jeopardize billions of people around the Neurointerventional Radiology Center, and f the world. he funded a distinguished chair in urologic on- In 2005, the economic costs of weather-re- cology at the Johns Hopkins School of Medi- COMMEMORATING EARTH DAY 2006 lated catastrophes have been estimated at cine. He established chairs at the Brookings more than $200 billion. As temperatures rise, Institution and at Tel Aviv University and HON. ADAM B. SCHIFF so will this economic toll. The extinction of mil- founded a Communication Institute at Baruch OF CALIFORNIA lions of plant and animal species presents an- College where he serves as a Trustee. Mr. IN THE HOUSE OF REPRESENTATIVES other priceless and irreversible toll of global Schwartz serves on the Board of the New Thursday, April 27, 2006 warming. York Historical Society, and as Vice-Chair of While some temperature rise is inevitable, the New York Film Society. He is also a Trust- Mr. SCHIFF. Mr. Speaker, Saturday marked most scientists still believe that concerted ac- ee of Third Way and the Democratic Leader- the 36th annual Earth Day, a day set aside for tion can prevent the most apocalyptic con- ship Council. reflection, education, and action on the impact sequences of climate change. The global na- Mr. Schwartz, a graduate of City College of of human beings on our planet. Although it is ture of this challenge creates not only an obli- New York, was awarded an honorary Doc- certainly important to celebrate the rich diver- gation for the U.S., but also an opportunity. By torate of Science by his alma mater. He and sity of nature with our families and commu- conserving the resources we have and devel- his wife live in New York City and have two nities, my greatest hope for the Earth is that oping new, cleaner sources of energy, we will daughters, three granddaughters and one my children’s children will not have to observe reduce our dependence on foreign oil, protect grandson. an Earth Day. Instead, I look forward to a fu- our wilderness, and purify our air, water, and Mr. Speaker, I ask my colleagues to join me ture when concern for the environment is part soil. Taking the lead in improving energy effi- in honoring Bernard Schwartz for his extraor- of each decision our country makes, rather ciency and reducing greenhouse gas emis- dinary leadership and countless contributions than only a matter we address one day each sions will improve our economic security and to our nation’s economy and its well-being. He year on a date set aside to make us consider prosperity today and for generations to come. has taken his citizenship seriously and given the impact we are having on our surroundings. New scientific findings highlight the urgency back to the country he loves so much. We sa- While the front pages of our newspapers of addressing global warming and related en- lute him for his leadership of Loral Space and routinely carry stories on the degradation of vironmental challenges. Fortunately, the inno- Communications, which serves the interests of our natural resources, environmental issues vative and enterprising spirit of the American our country and for his continuing patriotism have yet to rise to a top priority in Congress. people puts us in an ideal position to seize which makes him a national treasure. Nonetheless, the decisions we make today will this opportunity. Together, we can change the f profoundly impact the way we live for years headlines to reflect a more optimistic outlook and generations to come. Indeed, our stew- for our planet while improving our own quality PAYING TRIBUTE TO SIDNEY ardship of the environment is inextricably tied of life. The American people have made it CHAPLIN to our economic security and growth. clear that the environment should be on our This is not news to the American people. agenda every day, not just Earth Day, and I HON. JON C. PORTER Over the last 20 years, more Americans have hope that Congress will heed this appeal. OF NEVADA said that environmental protection is a high f IN THE HOUSE OF REPRESENTATIVES priority for the Nation. Nearly three in five Americans are active in or sympathetic to the TRIBUTE TO BERNARD L. Thursday, April 27, 2006 environmental movement, but most believe the SCHWARTZ Mr. PORTER. Mr. Speaker, I rise today to government has a negative, or at best neg- honor the life of Sidney Chaplin a Las Vegas ligible, impact on these efforts. HON. ANNA G. ESHOO business and civic leader who died this past One area in which the Federal Government OF CALIFORNIA March. has failed to lead is global warming. A recent IN THE HOUSE OF REPRESENTATIVES Sidney Chaplin was a longtime executive Gallup poll found that nearly two-thirds of vice-president and general manager of South- Americans worry about the greenhouse effect, Thursday, April 27, 2006 ern Wine and Spirits of Nevada drew great up from just over half in 2004. Eighty-three Ms. ESHOO. Mr. Speaker, I rise today to personal satisfaction from helping those less percent believe that global warming will be- honor Bernard L. Schwartz, a distinguished fortunate. He was a true philanthropist who come a problem for the U.S. and 57 percent American who retired in March 2006 as Chair- never sought recognition for his good deeds feel it poses a very serious threat to the world. man of the Board and Chief Executive Officer and generosity. During World War II, Mr. And, Mr. Speaker, 68 percent of our fellow citi- of Loral Space and Communications, Inc., Chaplin served in the United States Air Force. zens believe the Federal Government should posts he has held since the company was After his military service for our country, he be doing more to combat it. founded in 1996. He served in the same posts started his working career as an insurance

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.014 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E638 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 salesman in New York City. After that, he has once again helped our military forces fight PAYING TRIBUTE TO NANCY AND began his first job in the wine and spirits in- terrorists in Iraq and Afghanistan so that we JOHN KELL ‘‘IKE’’ HOUSSELS dustry; which became his life long career. This do not have to face them on the streets of career in liquor distribution enabled him to be America. HON. JON C. PORTER exceedingly generous to others. Over the As the Co-Chair of the Congressional Bul- OF NEVADA years he supported a number of religious and garia Caucus, along with Congresswoman IN THE HOUSE OF REPRESENTATIVES charitable groups. Sidney donated his time ELLEN TAUSCHER, I sincerely appreciate our Thursday, April 27, 2006 and resources to Temple Beth Sholom and strong partnership with Bulgaria as a valued eventually became a sponsor of the Shirley member of NATO which hosts today the Mr. PORTER. Mr. Speaker, I rise today to and Sidney Chaplin Lecture Series at the NATO foreign ministers in Sofia including Sec- honor Nancy and John Kell ‘‘Ike’’ Houssels Temple. He was also a longtime supporter of retary of State Condoleezza Rice. and their exemplary record of professional the Lou Ruvo Alzheimer’s Institute and UNL In conclusion, God bless our troops and we achievement and community service. Vino. will never forget September 11th. Nancy Houssels has always been at the Mr. Speaker, I am proud to honor the life forefront of cultural and social philanthropy. and memory of Sidney Chaplin. His profes- f She served, at one time or another, on several sional success and philanthropic dedication boards including: Nevada Ballet Theatre, should serve as an example to us all. COMMEMORATING THE 91ST ANNI- UNLV Foundation, the National Conference of f VERSARY OF THE ARMENIAN Christians & Jews, and Law Vegas Performing GENOCIDE Arts. Mrs. Houssels was also the co-founder TRIBUTE TO GOEHRING FARM OF of the Nevada Dance Theatre in 1972 and has MARION TOWNSHIP served the company as Chair and Co-Chair HON. HOWARD L. BERMAN for 35 years. HON. MELISSA A. HART OF CALIFORNIA John Kell ‘‘Ike’’ Houssel is widely recog- OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES nized as one of the respected and honored IN THE HOUSE OF REPRESENTATIVES Thursday, April 27, 2006 principles in the gaming industry. After grad- uating from West Point and, subsequently, Thursday, April 27, 2006 Mr. BERMAN. Mr. Speaker, I’m honored to Stanford Law School, Mr. Houssel embarked Ms. HART. Mr. Speaker, I would like to take join my colleagues in commemorating the 91st on a career in casino resort hotel ownership this opportunity to congratulate the Goehring anniversary of the start of the Armenian Geno- and management in the 1950s when he be- Farm of Marion Township as it celebrates its cide. came the managing partner of the Showboat, 100th anniversary. Genocide is a very powerful word, and followed by his legendary leadership as presi- The Goehring family began their family farm should be reserved for only the most horrific dent of the Hotel Tropicana and later of the 100 years ago on 88 acres of land in Marion examples of mass killing motivated by a desire Union Plaza Hotel. Township. The original owner of the farm, to destroy an entire people. Mr. Speaker, I am proud to honor both John Goehring, was just 27 years old when he Without a doubt, this term is appropriate to Nancy and John Kell ‘‘Ike’’ Houssels for their started the farm. Brothers, Jim and Ron, now describe the unimaginable atrocities suffered exemplary professional careers and their com- manage over 100 head of cattle and ex- by the Armenian people from 1915 to 1918. mitment to enriching their community. I wish panded acreage on the farm. With a number During this period, more than one million Ar- them the best in their future endeavors. of children to follow in the family foot steps, menians died from starvation or disease on f the farm will surely continue to prosper in the long marches, or were simply massacred by years to come. TRIBUTE TO THE 103RD UNIT OF the Ottoman Turks. The family marked the farm’s 100th anniver- THE SLOVAK GYMNASTIC UNION sary on Saturday, April 8, 2006 with a dinner Some still deny these events, or try to justify SOKOL at Concord United Methodist Church in North them as an extension of war. Sewickley Township. But the debate on this historical issue has HON. MELISSA A. HART been settled. The distinguished International I ask my colleagues in the United States OF PENNSYLVANIA Association of Genocide Scholars, among oth- House of Representatives to join me in con- IN THE HOUSE OF REPRESENTATIVES gratulating the 100th anniversary of the ers, has concluded that it is undeniable. Thursday, April 27, 2006 Goehring farm. It is an honor to represent the Others, including some who accept the his- Fourth Congressional District of Pennsylvania torical facts, say Congress should not pass a Ms. HART. Mr. Speaker, I would like to take and a pleasure to salute such a great family resolution recognizing the Armenian Genocide this opportunity to congratulate the 103rd unit business. because it will irreparably damage our rela- of the Slovak Gymnastic Union Sokol, USA, f tionship with Turkey. located in Farrell, Pennsylvania on its 100th This is a phony argument. anniversary. BULGARIA’S BASES WELCOME U.S. The European Parliament, the Council of The Sokol USA was created as a fraternal MILITARY Europe, and many European countries, includ- benefit society dedicated to providing insur- ing France, Germany and Italy have formally ance and physical fitness programs to men HON. JOE WILSON recognized the Armenian Genocide. and women. The roots of Sokol USA can be OF SOUTH CAROLINA Yet this has not dissuaded Turkey from ac- traced back to Czechoslovakia in 1862. The IN THE HOUSE OF REPRESENTATIVES tively seeking to join the European Union. program was started in New York in 1898. Eight years later, 22 Slovak immigrants found- At some point, every nation must come to Thursday, April 27, 2006 ed the 103rd unit in Farrell, Pennsylvania. terms with the wrongs committed by previous Mr. WILSON of South Carolina. Mr. Speak- They take great pride in the fact that all of generations. er, The Washington Times reported this week their programs are still conducted by volunteer that ‘‘Bulgaria has agreed to open three mili- For Germany, the Holocaust. For South Afri- members, and that they continue to offer tary bases for permanent use by 2,500 U.S. ca, Apartheid. And for our country, slavery and weekly gymnastic classes for all age groups. troops who will be available for combat in the the treatment of Native Americans. On May 20, 2006 Sokol members from the Middle East and other nearby regions.’’ In the same spirit, Turkey should allow—and Farrell area, western Pennsylvania and sur- While this may be the ‘‘first time Bulgaria indeed, encourage—an open and honest dis- rounding states, as well as from their sister has authorized the stationing of foreign forces cussion of the Armenian Genocide. club in the Slovak Republic are expected to on its soil in its 1,325-year history,’’ this is not Adolf Hitler once remarked, ‘‘Who remem- attend the Anniversary Banquet of the Sokol the first time Bulgaria has demonstrated its bers the Armenians?’’ The answer is, we do. USA which will be held at the Radisson Hotel willingness to help our country in the Global And we will continue to remember the vic- in West Middlesex, PA. They will be cele- War on Terrorism. Over 400 Bulgarian troops tims of the Armenian Genocide, and other brating the 103rd units 100 years of service to have bravely served alongside our troops in genocides, because, in the immortal words of the community. Iraq. Defense Secretary Donald Rumsfeld has Spanish philosopher George Santayana, I ask my colleagues in the United States been successful in recruiting allies. By wel- ‘‘Those who cannot remember the past are House of Representatives to join me in con- coming U.S. troops to their bases, Bulgaria condemned to repeat it.’’ gratulating The Slovak Gymnastic Union Sokol

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.018 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E639 USA of Farrell for its 100 years of service. It Mr. Soens learned the value of service at a say, those limits put him at a competitive dis- is an honor to represent the Fourth Congres- very young age, losing his father aboard the advantage, but Herb still managed to receive sional District of Pennsylvania and a pleasure USS Arizona during the Japanese attack on more than 15 percent of the primary vote. to salute such a dedicated organization like Pearl Harbor in 1941. It was this example that Herb also knew the importance of giving Sokol USA. Mr. Soens would follow throughout his life as back to his community and made many chari- f he devoted his time toward the goal of cre- table contributions throughout his life. How- ating a positive environment and future for ever, Herb never sought recognition for his ef- STATEMENT ON HOLOCAUST outdoor recreation in California. forts, but he impacted almost every life in REMEMBRANCE DAY An off-road enthusiast since 1958, Mr. southern Nevada. Every year, during the holi- Soens rode everything from midgets to sprint days, Herb anonymously fed hundreds of HON. GENE GREEN cars and spent some time racing as a com- homeless individuals in Las Vegas. He helped OF TEXAS petitive motorcycle rider. Known for his sense local children with their college expenses, and IN THE HOUSE OF REPRESENTATIVES of humor, friendliness, frankness and energy, he helped people who were down on their Thursday, April 27, 2006 Mr. Soens served in several capacities with luck. No challenge was too great. If Herb the California Off-Road Vehicle Association, Mr. GENE GREEN of Texas. Mr. Speaker, knew you needed help, he was there to pro- the American Motorcyclist Association, the Na- I rise today to observe Yom Hashoah, the Hol- vide it oftentimes unknown to his beneficiaries. tional Off-Highway Vehicle Conservation ocaust Martyrs and Heroes Remembrance I needed help on several occasions, and Herb Council, the Imperial Sand Dunes Rec- Day. was always available. Herb was my friend and The Holocaust was an unprecedented crime reational Area Technical Review Team and I will miss him very much. that took the lives of 6 million Jews, broke the Stakeholders Roundtable for OHV Recre- Mr. Speaker, I am proud to honor the mem- apart families, and wrongfully imprisoned indi- ation in California. Even with these respon- ory of Herb Tobman for his professional suc- viduals subjecting them to tortures, rape and sibilities, Mr. Soens found the time to volun- cesses and distinguished philanthropic record. other horrendous actions. teer hundreds of hours at the Ocotillo Wells His death is a great loss to the community and In 1933, the Jewish population of Europe State Vehicular Recreational Area and as an he will be greatly missed. Nevada is a better stood at over 9 million. Most European Jews ATV Safety Instructor for the State of Cali- place because of Herb. lived in countries that the Third Reich would fornia f Mr. Soens was also heavily involved with occupy or influence during World War II. By TRIBUTE TO DAVE BIANCO 1945, close to two out of every three Euro- the Survivors of Pearl Harbor and the Cali- pean Jews had been killed as part of the Nazi fornia Police Activities League (CalPal) pro- policy to systematically murder the Jews of gram where he served as a mentor to inner- HON. MELISSA A. HART Europe. city and under-privileged children by providing OF PENNSYLVANIA Yom Hashoah serves as a reminder that we the opportunity for them to appreciate the IN THE HOUSE OF REPRESENTATIVES beauty of our desert and the enjoyment of off- must never forget the appalling tragedy of the Thursday, April 27, 2006 Holocaust, and the 6 million Jews who lost road activities. At all times, with all students, Ms. HART. Mr. Speaker, I would like to take their lives. Mr. Soens stressed the responsibility of being It was racism, bigotry, anti-Semitism and safe and treating the land in which they lived this opportunity to recognize Dave Bianco, the general religious intolerance that drove Hitler and played with respect. Project Coordinator, Automated External to pursue the destruction of the Jewish peo- I wish to express to his wife, Jean, his four Defibrillator (AED) program, at St. Margaret ple. To honor the victims who lost their lives children, eight grandchildren and one great Foundation. in the Holocaust, and to ensure that such acts grandchild, my sincerest condolences for their Mr. Bianco, a resident of Hampton Town- never happen again, there must be a con- loss. In a time where the idea of volunteerism ship and an Iraq veteran, has designed the certed effort to fight intolerance and discrimi- is often seen as a burden, Mr. Soens’ dedica- AED program to support a ‘‘heart safe’’ com- nation. tion and service is a reminder to us all that ef- munity. The AED program trains, and places Before I was elected to Congress in 1990, fort rendered toward the benefit of our com- AEDs in places where people tend to con- my family and I and our two children visited munity is the greatest use of our time. gregate like schools, churches, community Dachau in southern Germany. It was important f centers and police and fire departments. AEDs not only for my wife and I, but also for our are designed to reverse Sudden Cardiac Ar- PAYING TRIBUTE TO HERB rest (SCA) which kills 300,000 people annu- children to see what inhumanity mankind TOBMAN could do to itself; not only for our generation ally. The AED program through St. Margaret but for our children and the next generation to Foundation began 1998 and has saved 17 make sure that it never happens again. HON. JON C. PORTER lives, including eight since June 2005. The Mr. Speaker, I join with my colleagues on OF NEVADA Foundation has donated 162 AEDs since 1998 this Yom Hashoah in commemorating those IN THE HOUSE OF REPRESENTATIVES and continues to be the only foundation in the country that provides complimentary AEDs who lost their lives in the Holocaust. Thursday, April 27, 2006 and full-service, diagnostics and repairs. Two f Mr. PORTER. Mr. Speaker, I rise today to AEDs will be donated to Al Zarenko, Director TRIBUTE TO MR. HAROLD SOENS honor the life of Herb Tobman, who passed of Community Services, to be placed in the away this past March. Herb was known as a new community center in Hampton Township. HON. DUNCAN HUNTER successful businessman and a community I ask my colleagues in the United States OF CALIFORNIA leader and his quiet generosity that impacted House of Representatives to join me in recog- IN THE HOUSE OF REPRESENTATIVES the lives of countless Nevadans. nizing Dave Bianco for all of his work for St. Herb was born in the Bronx in 1924. In the Margaret Foundation. It is an honor to rep- Thursday, April 27, 2006 1950s, Herb moved to Las Vegas, where he resent the Fourth Congressional District of Mr. HUNTER. Mr. Speaker, I rise today to opened City Furniture Exchange, the first used Pennsylvania and a pleasure to salute such a recognize the life and community service of furniture store in Las Vegas. The business dedicated individual. Mr. Harold Soens, who recently passed away thrived, and it was a Las Vegas landmark for f at the age of 66 at his home in Santee, Cali- more than 25 years. His success as a busi- fornia. As President of the San Diego Off- nessman led Herb to start Western Cab Com- TRIBUTE TO AN AMERICAN HERO— Road Coalition and the California League of pany in 1965. Herb started with one cab, and MICHAEL J. NOVOSEL Off-Road Voters, Mr. Soens was passionate ended with more than 134 taxicabs and 355 about off-road recreation, devoting his life to- employees. HON. TERRY EVERETT ward working with the community; especially In addition to his business accomplish- OF ALABAMA children. He educated others about the sport, ments, Herb was also an active participant in IN THE HOUSE OF REPRESENTATIVES teaching the value of off-road safety and eti- Nevada politics. In 1986, he ran in the Demo- quette and working to protect the rights of all cratic gubernatorial primary against incumbent Thursday, April 27, 2006 off-road enthusiasts while, at the same time, Richard Bryan. Instead of using his wealth to Mr. EVERETT. Mr. Speaker, I rise today to appreciating the environment with which we fuel his political aspirations, Herb limited con- pay tribute to one of America’s greatest mili- have been blessed. tributions to $10 per individual. Needless to tary heroes, Michael J. ‘‘Mike’’ Novosel, who

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.023 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E640 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 passed away on April 2 at the age of 83 at There is little doubt that Iran is on a mission opment of leadership potential in high school Walter Reed Army Hospital in Washington, to rebuild its nuclear weapons and use that students and the 28th year that the seminars DC. capability to wreak havoc and destruction on are being conducted in Pennsylvania. More- Mike Novosel was a remarkable man who Israel and others throughout the world. over, the Western PA Seminar is a 3-day ranked among the best who ever donned a Without action, we are going to continue to workshop modeled after the World Leadership military uniform. I’m proud to point out that he allow Iran to be a safe harbor for terrorists, Congress and hosts over 70 students from spent much of his life in southeast Alabama see its economy further deteriorate, and see high schools in the western one-third of Penn- where he had a monumental impact on the the Middle East further destabilize. sylvania. mission of the U.S. Army Aviation Center at This bill includes the necessary tools for the I ask my colleagues in the United States Fort Rucker. U.S. to help prevent Iran from pursuing nu- House of Representatives to join me in hon- Born in Pennsylvania in 1922, Novosel clear and other weapons programs, deny them oring the Hugh O’Brian Youth Leadership joined the U.S. Army Air Corps when he was the resources they need to support terrorism, Seminars and their distinguished service in 19. His training eventually took him to Maxwell and stop them from oppressing the Iranian Pennsylvania. It is an honor to represent the Air Force Base where he qualified to fly the people. Fourth Congressional District of Pennsylvania B–29 Superfortress. In 1945, he flew four Pa- f and a pleasure to salute this premier leader- cific combat missions with the 58th Bombard- ship development program. PAYING TRIBUTE TO LTC PHIL ment Wing during the final days of World War f II. But he did not stop there. Novosel com- WAGNER, USMC manded a B–29 as part of a fly-over during IN MEMORY OF ED DAVIS the Japanese surrender ceremony. His military HON. JON C. PORTER career then led him to command the 99th OF NEVADA HON. ELTON GALLEGLY Bombardment Squadron in the Pacific where IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA he served until 1947 when he returned to the Thursday, April 27, 2006 IN THE HOUSE OF REPRESENTATIVES United States as a B–29 test pilot and then joined the Air Force Reserve. Soon after, he Mr. PORTER. Mr. Speaker, I rise today to Thursday, April 27, 2006 was called back to active duty at the Air Com- honor the life of LTC Phil Wagner, U.S. Ma- Mr. GALLEGLY. Mr. Speaker, I rise in mem- mand and Staff School during the Korean war. rine Corps. Phil died at the age of 87 this past ory of my friend, former Los Angeles police But this was all just the beginning for Novosel. February. chief and former California State Senator Ed During the Vietnam war, then Lieutenant Phil Wagner, one of the ‘‘Greatest Genera- Davis. Colonel Novosel volunteered for duty in the Air tion’’ served in World War II and retired from In the days since Ed died Saturday at age Force Reserve. However, he was turned down the Reserves having attained the rank of lieu- 89 in San Luis Obispo, California, many adjec- because of his age. So, he traded his blue suit tenant colonel. Lieutenant Colonel Wagner tives have been thrown around, including his for the uniform of a U.S. Army warrant officer, was a member of the American Legion for 52 moniker of ‘‘Crazy Ed.’’ But Ed Davis was and instead of piloting B–29’s, took the stick of years and served as Post 31’s commander in crazy like a fox. He was tough, intelligent, and a Bell UH–1 Huey. As a ‘‘dust-off’ helicopter 1970–71. He then took over the demanding perhaps most importantly, innovative. pilot, Novosel served two tours in Vietnam, to- job of adjutant, a post he held from 1972– Born and raised in Los Angeles, Ed Davis taling 2,543 missions airlifting 5,600 medical 1997, 25 years, with only one hiatus in 1977. started his police career as a beat cop and evacuees. Amazingly, one of the men he res- He was not only active as a member and ad- never forgot that. One of his many accom- cued was his own son, who, ironically, later ministrator of Post 31, but also of Grace Com- plishments as police chief was the creation of rescued him. In one rescue mission, Novosel munity Church, Boulder City Hospital Board the Los Angeles Police Memorial Foundation braved tremendous enemy fire to rescue no and the BPOE Elks Club. Phil’s dedication to to help families of officers killed in the line of less than 29 men. his fellow veterans and to the community as a duty. His bravery resulted in his receiving the whole is admirable. He also is credited with creating community Congressional Medal of Honor. He returned Mr. Speaker, I am proud to honor the life of policing programs that were at first ridiculed, stateside to instruct the Army’s Golden LTC Phil Wagner. His death is a profound loss then copied across the country. His twenty Knights parachute team at Fort Bragg and for the community. principals of policing are still studied. He used later he taught at the Warrant Officer Career f to tell his officers that good policing means College at Fort Rucker. In 1985, Novosel was HUGH O’BRIAN YOUTH saving a life rather than taking one. But he the last World War II pilot still flying. Fort LEADERSHIP SEMINAR was tough when he needed to be. Perhaps Rucker named its main street ‘‘Novosel Ave- the statement most widely quoted is Ed’s sug- nue’’ for him, and after retirement Novosel re- HON. MELISSA A. HART gestion to hang airliner hijackers at the airport. mained in Enterprise, AL, where he was an He also stood up to city officials over law en- OF PENNSYLVANIA active member of the community until his forcement funding by telling the citizens to IN THE HOUSE OF REPRESENTATIVES death. ‘‘bar your doors, buy a police dog, call us Mr. Speaker, CWO4 Mike Novosel will right- Thursday, April 27, 2006 when we’re available and pray.’’ fully be buried in Arlington National Cemetery Ms. HART. Mr. Speaker, as a alumna of As we all know, innovation is fun, but it’s alongside America’s other great heroes. We Washington and Jefferson College, I am espe- also worthless if it’s ineffective. Ed Davis’ poli- can all be proud of his exemplary record, and cially pleased to recognize that this year’s cies were very effective. While crime in- I extend my condolences to his family. Hugh O’Brian Youth, HOBY, Leadership Sem- creased 55 percent across the country during f inar will be held at Washington and Jefferson Ed’s tenure, it fell 1 percent in Los Angeles. Ed retired from the LAPD in 1978 and ran IRAN FREEDOM SUPPORT ACT College from June 15 to June 18, 2006. The HOBY Leadership Seminars are de- successfully for the State Senate 2 years later. SPEECH OF signed to prepare our country’s high school A year later I ran for the City of Simi Valley sophomores to become effective, ethical lead- City Council. Ed represented Simi Valley for HON. RUSS CARNAHAN ers in their home, schools, workplaces and the 7 years I served as mayor of the city. He OF MISSOURI communities. Selected high school students never tried to impose his will on the city, but IN THE HOUSE OF REPRESENTATIVES from each of the 50 States, the District of Co- was always ready, willing, and able to help the Wednesday, April 26, 2006 lumbia, Canada, Mexico, Korea, Taiwan and city grow and prosper during those years. Mr. CARNAHAN. Madam Speaker, I rise In Israel attend annually and interact with recog- After he retired from the Senate in 1992, Ed strong support today of the Iran Freedom Sup- nized leaders from business, education, the Davis became an elder statesmen to police port Act because this bill shows our undis- arts, government and other professions. These departments and State officials. His innova- puted commitment to addressing the situation discussions are intended to generate opportu- tions live on. in Iran. nities for young people to demonstrate and Mr. Speaker, I know my colleagues will join We have seen the potential effects of inter- develop their leadership abilities when they re- me in honoring Ed Davis’ life and accomplish- national inaction in this type of situation. turn home for the betterment of community ments, and in expressing our condolences to The regional security in the Middle East and country through community service. his wife, Bobbie, his children and grand- cannot be further compromised by an Iranian This year marks the 48th year of out- children, and his many, many friends. God- loose cannon. standing dedication to recognition and devel- speed, Ed.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.028 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E641 RECOGNIZING WORKERS’ cant number of the original experimental flight HOLOCAUST REMEMBRANCE DAY MEMORIAL DAY tests on the U–2 airplane and the SR–71 air- plane at the Nevada Test Site. Because of this HON. BENJAMIN L. CARDIN HON. DARLENE HOOLEY work he was awarded the Distinguished Flying OF MARYLAND OF OREGON Cross. Then later, in 2005, Hank was awarded IN THE HOUSE OF REPRESENTATIVES the Agency Seal Medallion from the Central IN THE HOUSE OF REPRESENTATIVES Thursday, April 27, 2006 Intelligence Agency for his leadership in devel- Thursday, April 27, 2006 oping the U–2. He was also authorized to Mr. CARDIN. Mr. Speaker, I rise today to Ms. HOOLEY of Oregon. Mr. Speaker, wear the Air Medal, the European Area Medal commemorate Yom Hashoah, Holocaust today, on Workers’ Memorial Day, we honor with three Battle Stars, the World War II Vic- Matrys’ and Heroes’ Remembrance Day, the 54 Oregonians and the millions around the tory Medal; the American Medal; the Air Force which memorializes the 6 million Jews mur- world who have died on the job since last Reserve Medal; the AFOUA Medal; the Ko- dered by the Nazis during their campaign of year. These men and women were more than rean War Medal; and the AFLSA Medal with genocide in World War II. We mourn the inno- just workers. They were fathers and mothers, four Brass Oak Leaf Clusters. cent lives lost and vibrant communities de- sons and daughters, friends and co-workers. Hank and his wife moved to Las Vegas, in stroyed while the world shamefully stood si- On this 18th anniversary of the first Work- 1970. They traveled extensively to wherever lent, and honor those heroes of the Warsaw ers’ Memorial Day in 1989, it is important not the fish are biting or the sun is shining. Hank Ghetto who faced certain death when they re- only to remember these people who gave the considered himself a very good fisherman, fused to submit to the Nazi’s planned extermi- ultimate sacrifice, but to recognize the chal- and would want to be remembered as much nation of their community. lenges and dangers facing employees in the for that as his military career. In retirement, To this day, Mr. Speaker, many European workplace. We have made great strides as a Hank was a member of the Society of Experi- countries have failed to right the past wrongs Nation to address the issue of workplace safe- mental Test Pilots and was very active and of the Holocaust by failing to adequately re- ty. The Occupational Safety and Health Act, served as president of the Roadrunners Inter- dress the wrongful confiscation of property by passed on April 28, 1971, has made a huge nationale, an affiliation of employees who the Nazi and communist regimes. These sei- impact on workplace conditions. But we can, were previously associated with the U–2 and zures took place over decades; they were part and we must, do better. SR–71 programs at Area 51. He was also of the modus operandi of repressive, totali- There is always hope for the future and our honorary chairman of the Heroes of the Cold tarian regimes; and they affected millions of communities, our legislators and our busi- War Memorial and organized many military people. The passage of time, border changes, nesses must work together to keep workplace unit reunions. Hank is survived by his wife, and population shifts are only a few of the safety a highest priority. I acknowledge these Millie; two daughters, Gail and Victoria; one things that make the wrongful property sei- brave Oregonians, and look forward to this list son, Jay; and 5 grandchildren. zures of the past such difficult problems to ad- growing ever shorter. dress today. Justo Aguirre, Kurt Bell Heavy, Steven f While I recognize that many obstacles stand Brandt, Michael Breaux, Daniel Buckley, Brook in the way of righting these past wrongs, I do Campbell, Gordon Cecil, Curtis Claflin, How- RECOGNIZING YOM HASHOAH, not believe that these challenges make prop- ard Culver, David DeLacy, Loren Duncan, HOLOCAUST REMEMBRANCE DAY erty restitution or compensation impossible. Thomas Ellsberg, Marty Erickson, Blake Fos- On the contrary, I believe much more should ter, Robert Friedman, Dale Funk, Angel Gon- have been done—and can still be done now— zalez Cacho, Jason Gorman, Matthew Gregg, HON. KENDRICK B. MEEK while our elderly Holocaust survivors are still Rory Hanebrink, Mark Hauser, Harold Haw- OF FLORIDA living. kins, David Henning, Lawrence Hoffman, Mark IN THE HOUSE OF REPRESENTATIVES Today I also want to sound the alarm about Howard, William Jobin, David Johnston, Chris- a disturbing trend that Jews face today: a ris- topher Jones, Brett Kulkarni, William Lanus, Thursday, April 27, 2006 ing tide of anti-Semitism throughout the world. Paul Linck, Terry Little, Donald McCready, Mr. MEEK of Florida. Mr. Speaker, I rise I serve as the Ranking Member of the Com- William McFarlane, Candace Mein, Bryant today to join with my colleagues and with my mission on Security and Cooperation in Eu- Myers, Kristine Okins, Ernest Oleman, Howard constituents in solemn recognition of Yom rope, CSCE, commonly known as the Helsinki Pearsall, Mark Richardson, Gary Richey, Juan Hashoah, a special day on which we mourn Commission. In 2004 I traveled as part of the Rios, Vernon Robbins, Kevin Roberts, David the millions of Jews who perished at the U.S. Delegation, with former Secretary of Rossiter, Robert Smith, Gen Stewart, Joseph hands of Nazi Germany and remember the State Colin Powell, to attend a special con- Sutton, Terry Sutton, Ronald Theus, Bobbi horrific tragedy of the Holocaust. ference in Berlin addressing anti-Semitism, held under the auspices of the Organization Thompson, Brian Tiller, Leobardo Velazquez, This day commemorates the uprising in the for Security and Cooperation in Europe, and Eric Yung. Warsaw Ghetto, in April of 1943, and the self- OSCE. The OSCE is a 55-nation regional se- f less bravery of hundreds of everyday men and curity organization which promotes democracy women who fought courageously against a PAYING TRIBUTE TO LT. COL. and human rights in Europe, Central Asia, and troop of thousands of Nazi soldiers. This day JOHN MEIERDIERCK North America. fomented the resistance movement in ghettos Before traveling to Berlin, I made a point to HON. JON C. PORTER throughout Europe, and it is the inspiration for visit Auschwitz for the first time. I was shocked the National Commemoration of the Days of and stunned to see how efficient the Nazi op- OF NEVADA Remembrance each year in the United States. IN THE HOUSE OF REPRESENTATIVES eration was: they wanted to maximize the This day has special significance for Jews, number of individuals that could be killed. Thursday, April 27, 2006 the main target of Nazi atrocities. I have many Seeing the remains of that factory of intoler- Mr. PORTER. Mr. Speaker, I rise today to constituents who are Holocaust survivors, and ance, hate and death, it reaffirmed how we honor retired United States Air Force Lieuten- many more who lost friends, relatives and must continually stress the importance of ad- ant Colonel John Henry ‘‘Hank’’ Meierdierck, loved ones. We mourn their loss, and honor vancing understanding throughout the OSCE who passed away, in Las Vegas on March 21, their memory and the memory of the 6 million region and the entire world. We must tirelessly 2006, at the age of 84. Jews whose lives were so cruelly, wantonly work to build understanding and respect be- Hank was born April 13, 1921, in Newark, and prematurely ended. We will never forget tween different communities to prevent future New Jersey, the son of John Henry them, and what happened to them. acts of prejudice and injustice. Meierdierck and Ida Getto Meierdierck. Hank At the same time, we must recognize that At the Berlin Conference, I had the privilege married Mildred Marie Giles in 1943. He the same forces that brought about the Holo- of participating as a member of the U.S. dele- served in the U.S. Army Air Corps in World caust continue to exist in the world today. We gation, and I gave the official U.S. statement War II and remained in the U.S. Air Force have seen it in Kosovo and Rwanda, we con- in the session on tolerance. The meeting after the war, amassing over 7,000 flying tinue to see it in Darfur. Let us therefore honor ended with the issuance of the Berlin Declara- hours in more than 50 different aircraft. Hank the innocent victims by recommitting ourselves tion of Action. retired from the USAF as a Lieutenant Colonel to fighting ignorance, bigotry, hatred and, per- The Berlin Declaration laid out a number of in 1964. He then went to work for the CIA at haps most important, ‘‘inaction by people of specific steps for states to take to combat the headquarters, Langley, VA. He did a signifi- good will.’’ rising tide of anti-Semitism, including: striving

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.033 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E642 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 to ensure that their legal systems foster a safe its 33rd year, the WPNI program is one to be COMMEMORATING THE 91ST ANNI- environment free from anti-Semitic harass- envied by any other university in the country. VERSARY OF THE ARMENIAN ment, violence or discrimination; promoting Kent State University and all of northeastern GENOCIDE educational programs; promoting remem- Ohio has benefited enormously from President brance of the Holocaust, and the importance Cartwright’s vision, commitment and leader- HON. CAROLYN B. MALONEY of respecting all ethnic and religious groups; ship—and she will be greatly missed. OF NEW YORK combating hate crimes, which can be fueled In closing, I would like to congratulate Presi- IN THE HOUSE OF REPRESENTATIVES by racist and anti-Semitic propaganda on the dent Cartwright on all of her astounding Thursday, April 27, 2006 Internet; encouraging and supporting inter- achievements during her 15 year tenure as Mrs. MALONEY. Mr. Speaker, as a proud national organizations and NGO’s; and en- President of Kent State University. I wish her member of the Congressional Caucus on Ar- couraging the development of best practices the very best in all of her future endeavors. between law enforcement and educational in- menian Issues, and the representative of a large and vibrant community of Armenian stitutions. f As we commemorate Yom Hashoah, let us Americans, I rise to join my colleagues in the honor the memory of those who perished in IN REMEMBERANCE OF DOUGLAS sad commemoration of the Armenian Geno- the Holocaust by pledging to fight intolerance, HAROLD RITCHIE cide. hate crimes, and violence in our community Today we declare to people living in every and around the world. We shall never be silent comer of our globe that the Turkish and Amer- again. HON. JON C. PORTER ican governments must finally acknowledge f OF NEVADA what we have long understood: that the un- imaginable horror committed on Turkish soil in IN THE HOUSE OF REPRESENTATIVES RECOGNIZING DR. CAROL A. CART- the aftermath of World War I was, and is, an WRIGHT, PRESIDENT OF KENT Thursday, April 27, 2006 act of genocide. STATE UNIVERSITY The tragic events that began on April 24, Mr. PORTER. Mr. Speaker, I rise today to 1915, which are well known to all of us, HON. TIM RYAN honor the memory of Douglas Harold Ritchie, should be part of the history curriculum in of the Las Vegas Sun, who passed away April OF OHIO every Turkish and American school. On that 1, 2006, at the age of 86. IN THE HOUSE OF REPRESENTATIVES dark April day, more than 200 of Armenia’s re- Born February 20, 1920, in Portsmouth, ligious, political and intellectual leaders were Thursday, April 27, 2006 England, Doug was the second eldest child of arrested in Constantinople and killed. Ulti- Mr. RYAN of Ohio. Mr. Speaker, I rise today film distributor Joseph M. Ritchie and his wife, mately, more than 1.5 million Armenians were in recognition of Dr. Carol A. Cartwright, Presi- Jessica. Educated in Dublin, Ireland, Ritchie systematically murdered at the hands of the dent of Kent State University. President Cart- joined the British Army out of high school in Young Turks, and more than 500,000 more wright will be leaving from her position after the late 1930s. were exiled from their native land. serving the Kent State University for 15 nota- During World War II, Ritchie served as a On this 91st anniversary of the beginning of ble years. British officer and saw action on D-Day at Nor- the genocide, I join with the chorus of voices President Cartwright’s commitment to com- mandy. He later served with troops that that grows louder with each passing year. We munity outreach and economic development marched into Germany and liberated prisoner simply will not allow the planned elimination of extends throughout northeastern Ohio. Presi- of war camps. After the war he was trans- an entire people to remain in the shadows of dent Cartwright has a vision to work coopera- ferred to India where he served as a Major in history. The Armenian Genocide must be ac- tively with the surrounding communities to the British Army through the late 1940s. There knowledged, studied and never, ever allowed unite academic, public health, business, and he was witness to the turmoil that resulted in to happen again. community groups for common goals and bet- the separation of India and Pakistan. While I recently joined with my colleagues in the terment. shocked by the violence he witnessed be- Caucus in urging PBS not to give a platform One of the most impressive and lasting tween Hindus from India and Pakistani Mus- to the deniers of the genocide by canceling a achievements of President Cartwright is Kent lims, Doug calmly maintained control. That planned broadcast of a panel which included State’s leadership in pulling together The was a trait that not only helped him in the 1st two scholars who deny the Armenian Geno- North East Ohio Consortium for Bioprepared- Punjab Regiment, but throughout his life. cide. This panel was to follow a documentary ness, focusing on public health preparedness. Leaving the military in 1950 after 11 years, about the Armenian Genocide which aired just The facility addresses health and safety issues Doug came to Las Vegas. His brother-in-law last week. Representative Anthony Weiner through education, research and workforce de- Hank Greenspun, had purchased the Las and I led a successful effort to convince Chan- velopment. Part of the center’s overall mission Vegas Free Press from a group of Inter- nel Thirteen in New York City to pull the plug is to educate the community on issues regard- national Typographical Union members who on these genocide deniers. ing public health hazards, infection control and started the newspaper after being locked out The parliaments of Canada, France and bioterrorism preparedness. The Northeast by the Review-Journal over a wage dispute. Switzerland have all passed resolutions affirm- Ohio Consortium for Biopreparedness is one Hank published his first issue of the Free ing that the Armenian people were indeed of only two bio-safety laboratory training facili- Press on June 21, 1950, and 10 days later re- subjected to genocide. The United States ties in the United States recognized by the named the paper the Las Vegas Sun. In addi- must do the same. I will not stop fighting until Center for Disease Control and Prevention. tion to serving as classified ad manager, Doug long overdue legislation acknowledging the Ar- President Cartwright’s perseverance to ad- became head of Sun promotions in the 1970s menian Genocide finally passes. vance biotechnology research has enabled the and head of public relations in the 1980s. Of course, an acknowledgment of the geno- facility to address public health and protection cide is not our only objective. I remain com- concerns on a local, State and National scale. In 1969 Doug met Brenda Ritchie and they mitted to ensuring that the U.S. Government I would also like to commend President Cart- were married in 1971. The couple would have continues to provide direct financial assistance wright for including the 910th Airlift Wing Com- celebrated their 35th wedding anniversary on to Armenia. Over the years, this aid has mand, University of Akron, Youngstown State April 10. played a critical role in the economic and polit- University, Case Western Reserve, Summa Doug served full-time with the Sun until ical advancement of the Armenian people. I Health Care System, North Eastern Ohio Uni- 1990, the year the paper entered into a joint have joined with my colleagues in requesting versities College of Medicine, and various operating agreement with the Review-Journal, military parity between Armenia and Azer- other organizations in the Consortium. which then took over the selling of classified baijan in the FY07 Foreign Operations Appro- President Cartwright has also strongly sup- ads for both papers. That year, Ritchie and his priations bill. We also have requested an ade- ported the Washington Program in National family moved to California, and he maintained quate level of economic assistance for Arme- Issues, WPNI, which gives Kent State stu- the title of assistant to the publisher until his nia and assistance to Nagorno-Karabakh. dents a real-world appreciation for life and death. On this solemn day, our message is clear: work in the Nation’s capital. Each spring se- Mr. Speaker, it is a privilege to honor Doug- the world remembers the Armenian Genocide, mester, Kent State sends 20 of its top stu- las Ritchie on the floor of the House today. He and the governments of Turkey and the United dents to intern on Capitol Hill, Federal agen- will be remembered as a mild-mannered man, States must declare—once and for all—that cies, associations and other organizations. In dedicated to his family and the community. they do, too.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.037 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E643 ANNIVERSARY OF THE ARMENIAN forefront of its mind. Instead, they’ve learned A TRIBUTE ALPHA PHI ALPHA GENOCIDE that special interests get the first, and some- FRATERNITY ETA NU CHAPTER times the only say, in this House. HON. MARK FOLEY They read in the paper about how some HON. G.K. BUTTERFIELD OF FLORIDA Members pay coach fares, but fly in luxurious OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES corporate jets. IN THE HOUSE OF REPRESENTATIVES Thursday, April 27, 2006 They’ve read reports about a Member who Thursday, April 27, 2006 Mr. FOLEY. Mr. Speaker, Reuters news re- opened up defense contracts to the highest Mr. BUTTERFIELD. Mr. Speaker, I rise cently reported that Turkish Prime Minister briber. And were only caught because a few, today to commemorate the anniversary of the Recep Tayyip Erdogan is ready for a ‘‘political intrepid local reporters were better policemen founding of the Eta Nu Chapter of the Alpha settling of accounts with history’’ provided that than the gridlocked House Ethics Committee. Phi Alpha Fraternity, Incorporated, on the historians would prepare an unbiased study of Because they know their elected represent- campus of East Carolina University that took claims that millions of Armenians were the vic- atives are often forced to vote on legislation place on April 3, 1971. This Fraternity is the tims of genocide under Ottoman rule during that hasn’t been available long enough to first Black Greek organization to be chartered the First World War. read. on a campus where the percentage of African That accounting has already been done. A American enrollment is less than 13 percent. March 7, 2000 public declaration by 126 Holo- What if, after someone signed papers on a Under the direction of eight men, A.A. Best, caust Scholars affirmed the incontestable fact new home, the bank inserted an extra page of J.J. Wise, W.G. Keys, O.T. Faison, C.H.G. of the Armenian Genocide and urged Western regulations into the agreement? And the bank White, J.C. Bryant, J.P. Harrison, and A.D. democracies to officially recognize it. then claimed that the new homeowner’s signa- Moseley Eta Nu was established on the cam- This declaration by foremost scholars from ture was proof they agreed to it? That person pus of East Carolina University. Those per- around the world was adopted at the Thirtieth would be outraged, and justifiably so. sons first initiated into the Eta Nu Chapter Anniversary of the Scholar’s Conference on But last December, during consideration of were known as the Undisputed Truth. The the Holocaust convening at St. Joseph Univer- the fiscal year 2006 defense appropriations members of this Chapter are as follows: David sity, Philadelphia, Pennsylvania, March 3–7, conference report, 40 pages of text were in- Franklin, Gregory Clark, Jerry Congelton, John 2000. The petitioners, among whom was serted into the agreement after conferees had Clark, Tony Sedgewick, Jimmy Louis, Tommy Nobel Laureate for Peace Elie Wiesel, also signed it. This text gave inappropriate immu- Patterson, James Mitchell, Kenneth Ham- called upon Western democracies to urge the nity to makers of avian flu vaccines. It was mond, James Johnson, and Kenneth Wright. government and parliament of Turkey to finally done, quite literally, in the middle of the night. Over the years the Eta Nu Chapter has ex- come to terms with this dark chapter of Otto- Sadly, there was no outrage from my col- celled and raised the bar for others to follow man-Turkish history and to recognize the Ar- leagues on the other side of the aisle. It was and has maintained high standards of scho- menian Genocide. According to this renowned business as usual under this House leader- lastic achievement and service to the commu- gathering, Turkish acknowledgment would pro- ship. nity. Following a brief period of suspension, vide an invaluable impetus to that nation’s de- the Eta Nu Chapter was resurrected in fall mocratization. Yet I must report with deep regret that the 1999 with the initiation of four young men Monday, April 24th marked the 91st anniver- bill before us does nothing to address these known as the Four Knights of Resurrection. sary of the 1.5 million Armenian deaths and issues. At best, the Majority’s proposal only Since returning, members of the Eta Nu Chap- countless exiles in 1915 caused by the Otto- papers over the deep divide between Repub- ter have worked diligently to increase the man Empire. President Bush commented that licans and most Americans on how Congress number of opportunities available to our youth; ‘‘it was a tragedy and should always be re- should conduct itself. they have engaged in relentless efforts toward membered.’’ In the Rules Committee, I offered an the improvement of the campus and the com- In December 2005, French Foreign Minister amendment to allow Members 24 hours to munity as a whole. Michel Barnier announced that Turkey would read legislation before a floor vote on it. It The chapter currently participates in several be expected to recognize the event during EU would seem like exactly the kind of approach community service initiatives; one such meas- accession negotiations. ‘‘This is an issue that that our constituents want. But, the Majority ure is the Jarvis Memorial After School Pro- we will raise during the negotiation process,’’ rejected in Committee mark-up in addition to gram where our youth are nurtured and di- he said. ‘‘We will have about 10 years to do blocking it from coming to the floor for debate. rected on a positive and productive path. so and the Turks will have about 10 years to This Chapter of Eta Nu holds several distin- ponder their answer.’’ I also offered an amendment that would re- guished honors. The current SGA President is If Turkey is prepared to acknowledge the quire a public vote by conferees on all con- a member of this chapter as well as the sec- Armenian Genocide, then its leaders can pro- ference agreements, Again, my amendment ond African American SGA Vice-President. ceed immediately to direct dialogue with its goes to the real abuses that our constituents Further, the first, second, and third African counterparts in Armenia to define a common are concerned about. But again, the Majority American Homecoming Kings of ECU were vision for the future. By so doing, Turkey will rejected it. members of this Chapter. The highest Fra- begin the vital process of preparing its citizens It is perhaps the ultimate irony—and the ternal GPA at ECU for the past 4 out of 5 se- for a more complete and honest assessment highest level of hypocrisy—that the House is mesters were represented by a member of the of the final acts of the Ottoman Turkish state debating a bill intended to increase trans- Chapter, and lastly, the founders of the Black and embracing the new opportunities available parency under a restrictive rule. Democrats Student Union at ECU were members of this to them by gaining possible admittance into have consistently identified abuses of power in Eta Nu Chapter. the European Union. Facing history squarely how this Congress conducts business. And Mr. Speaker, it is my understanding that the will liberate Turkey. now we see those same abuses being used to members of the Eta Nu Chapter at East Caro- f prevent true reform from even being debated lina University are committed to distinguishing in public. themselves as the most exemplary Chapter. I THE NEED FOR REAL REFORM OF ask my Colleagues to join me in wishing the LOBBYING AND CONGRESSIONAL Mr. Speaker, the American people have members of this Chapter the very best with PRACTICES reached their limit with the conduct of this their future endeavors. House. Soon, they may take their ball and bat HON. DORIS O. MATSUI and go home. They’ll tune us out forever. f OF CALIFORNIA Click off C–SPAN. Walk away, disgusted by TRIBUTE TO JUDGE DAVID BIBB the very process that is supposed to represent IN THE HOUSE OF REPRESENTATIVES them. We must enact real reform before its Thursday, April 27, 2006 HON. ROBERT E. (BUD) CRAMER, JR. too late—reform that raises the bar on both OF ALABAMA Ms. MATSUI. Mr. Speaker, the American lobbyists and Members. That is not this bill, IN THE HOUSE OF REPRESENTATIVES people have lost faith in Congress—as seen in and it cannot be this bill under the straight- the dismal 30 percent approval ratings. It dem- jacket laid down in this rule. I urge my col- Thursday, April 27, 2006 onstrates that our fellow citizens believe Con- leagues to reject this rule, reject this bill and Mr. CRAMER. Mr. Speaker, I rise today to gress no longer keeps their interests at the start over. pay tribute to Judge David Bibb, of Morgan

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.041 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E644 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 County, Alabama. Judge Bibb recently retired HONORING COAST GUARD CAPTAIN vidual—Scott Crossfield. Scott was an authen- as Morgan County District Judge on April 21, PETER V. NEFFENGER tic American hero—though he would decline 2006. the applause—who served the Nation with dis- After a successful law career with A.J. Cole- HON. JANE HARMAN tinction as a premier test pilot. With char- man and David Cauthen, Judge Bibb was ap- OF CALIFORNIA acteristic courage and enthusiasm, he carried pointed to the Morgan County District Court in IN THE HOUSE OF REPRESENTATIVES out numerous pioneering test flights during his 1981. He subsequently won election to the Thursday, April 27, 2006 career—flights that significantly advanced the bench in 1982 and he continued to serve in field of aeronautics. Ms. HARMAN. Mr. Speaker, U.S. Coast that capacity until his retirement. It is rare for someone as famous and expert Guard officers are measured by the depth of in his field to come to Congress as a profes- Mr. Speaker, throughout Judge Bibb’s judi- their dedication to protecting our country and sional staff member, but Scott proved to be an cial career, he was well respected in the local its citizens, and by the respect they earn from invaluable resource as well as a tireless advo- community and the entire State of Alabama. the men and women who serve under them. cate for aeronautics research and develop- He was known for being a fair judge who By every measure, CPT Peter V. Neffenger is ment during his years of service to the House worked diligently to uphold the law, making an outstanding commander. Science Committee in the 1980s and early our community an even better place. On April 28th, Captain Neffenger concluded 1990s. He has remained active in the Morgan his accomplished tenure as Commanding Offi- Scott came to the Committee after a wide- County community, serving on numerous advi- cer, Captain of the Port, and Federal Maritime ranging career as a Navy pilot during World sory boards and task forces. Most notably, he Security Coordinator for the U.S. Coast Guard War II; an aerodynamicist, project engineer, is a member of the Morgan County and Ala- Sector Los Angeles-Long Beach. and research test pilot at NACA, the National bama State Bar Associations, the District During his three-year command, he skillfully Advisory Committee for Aeronautics (NASA’s Judge Association, and a member of the Ala- guided over 2,400 active duty, reserve, civil- predecessor agency); as chief engineering test bama Council of Juvenile and Family Court ian, and auxiliary men and women through pilot and director of testing and quality assur- Judges. He has also been a lecturer at the times of dramatic change and increasing re- ance for North American Aviation, one of the Alabama Judicial College and for the Alabama sponsibility. He leaves the nation’s largest port main contractors on the Apollo program; as a Child Support Association. complex better prepared for the daunting se- vice president for research and development Mr. Speaker, on Friday, April 21, Judge curity challenges of the 21st century. of Eastern Airlines; and as senior vice presi- Bibb’s family and friends gathered to celebrate Captain Neffenger has overseen unprece- dent of Hawker Siddley Aviation. his long and distinguished judicial career. I dented security improvements at the Port of Author Tom Wolfe sought to capture the rise, on behalf of everyone in North Alabama Los Angeles-Long Beach. Under his leader- spirit of a test pilot in The Right Stuff, his com- to thank him for his service and join his col- ship, the Coast Guard’s Los Angeles-Long pelling look at the men who flew at Edwards leagues, family, and friends in congratulating Beach Sector conducted over 150 vessel Air Force Base and the Mercury Seven astro- him on a job well done. boardings and over 500 commercial vessel es- nauts. It was a difficult task, because among corts. The Captain led the Sector in several men like Crossfield ‘‘[t]his quality, this it, was f major exercises, including the largest one in never named, however, nor was it talked Coast Guard history. about in any way.’’ In 1960, Scott’s peers in HONORING RUBEN M. GARCIA In his role as Federal Maritime Security Co- the Society of Experimental Test Pilots recog- ordinator, Captain Neffenger spearheaded the nized his incomparability with their highest coordination of federal, state and local agen- honor—the Ivan C. Kincheloe Award—for HON. HENRY CUELLAR cies. He worked with the Federal Bureau of In- ‘‘Outstanding Development and Flight Testing OF TEXAS vestigation, Customs and Border Protection, of the X–15’’. The X–15 is one of three aircraft IN THE HOUSE OF REPRESENTATIVES county and local law enforcement, and others in the National Air and Space Museum that to develop a communications network for law embody Scott’s influence. The Museum hon- Thursday, April 27, 2006 enforcement personnel. ored him with a Lifetime Achievement Award His leadership produced the first Area Mari- Mr. CUELLAR. Mr. Speaker, I rise today to in 2000. time Security Committee, an interagency body honor Mr. Ruben M. Garcia on his 75th birth- Scott is known to the public for flying his that serves as a model for ports around the day and for his remarkable dedication to the Douglas D–558–II Skyrocket at Mach 2—twice nation. Captain Neffenger was a key member City of Laredo, Texas. as fast as sound—on November 20, 1953. of the expert panel that developed the first Na- Ruben M. Garcia was born on April 27th, Equally vital was his knowledge of aeronautics tional Strategy for Maritime Security, and he and his practical experience in the design, de- 1931, to Manuel B. Garcia and Elena established a joint-operations partnership with Montemayor, in Laredo, Texas. He graduated velopment, manufacture and operation of air- the Coast Guard and CBP for daily intel- craft, allowing him to describe the events dur- from Martin High School in 1950 and served ligence and information-sharing within the port his country in the Korean War. After his war- ing flight in the language of his fellow engi- complex. neers. Interviewed by Aviation Week & Space time service, he returned back to Laredo and Captain Neffenger leaves the Port of Los married Helen Ramirez. Technology for a 1988 documentary, Scott Angeles-Long Beach safe and secure. His identified himself as an ‘‘aeronautical engi- Mr. Garcia has admirably served the com- foresight, expertise and courage will be sorely neer, an aerodynamicist, and a designer. My munity of Laredo, Texas, through his member- missed, but his work in Washington as the flying was only primarily because I felt that it ship and work in several civic, social, edu- Chief of Programs and Budget for the United was essential to designing and building better cational, and governmental organizations such States Coast Guard will undoubtedly serve our airplanes for pilots to fly. . . . The opportunity as the Federal Reserve Bank of San Antonio, homeland security interests and make our to be a test pilot . . . is there for all—and Central Power and Light Board, Laredo Junior country safer. probably within the grasp of most. In my mind, On behalf of my constituents and the com- College, Laredo Development Foundation, La- we should divest ourselves of this idea of spe- munities surrounding the port complex, I ex- redo Chamber of Commerce, South Texas Pri- cial people (being) heroes, if you please, be- tend our congratulations to a friend and neigh- vate Industry Council, Laredo International cause really they do not exist.’’ Fair & Expedition. bor, Pete Neffenger, and best wishes for his Wolfe wrote of the Brotherhood of the Right In addition to his community service, Mr. next assignment. Stuff, ‘‘. . . [T]he idea here (in the all-enclos- Garcia was honored as the Laredo Morning f ing fraternity) seemed to be a man should Times Man of the Year in 1974. Since his re- IN MEMORY OF AVIATION have the ability to go up in a hurtling piece of tirement from his family business in the con- PIONEER A. SCOTT CROSSFIELD machinery and put his hide on the line and struction industry, he has dedicated himself to then have the moxie, the reflexes, the experi- raising cattle. For his dedication and hard HON. BART GORDON ence, the coolness, to pull it back in the last work in the ranching industry, he was honored yawning moment—and then to go up again OF TENNESSEE as Rancher of the Year by the Laredo Inter- the next day, and the next day, and every next IN THE HOUSE OF REPRESENTATIVES national Fair and Expedition in 2006. day, even if the series should prove infinite.’’ Mr. Speaker, I am honored to have had this Thursday, April 27, 2006 During his career Scott confronted numerous time to recognize the bravery and dedication Mr. GORDON. Mr. Speaker, I rise today to emergencies: engine flameouts, aircraft control of Ruben M. Garcia. honor the life of a most distinguished indi- failures, an X–15 landing which broke the

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.044 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E645 plane in two—and the day in June 1960 when didn’t leave an instruction manual for the Community Seventh-day Adventist Church in a ground test of the X–15’s rocket engine Flyer, and as Scott told the Experimental Air- Pottstown, Pennsylvania. ended in an explosion that threw the cockpit craft Association’s Sport Aviation magazine, Mr. Speaker, I ask that my colleagues join twenty feet at a speed that exposed Scott to ‘‘[t]hings you would do intuitively as a pilot in me today in honoring Edward and Merle Ford 50 times the force of gravity. any other airplane just don’t work with this on their fifty golden years of love and dedica- Scott wrote in his book, Always Another one.’’ Aviation Week magazine recognized his tion to each other. I hope they will continue to Dawn, ‘‘all I could think of was the possibility contribution by including Scott as Laureate for live in the house Edward built for Merle and of a second explosion that might hurl my part Aeronautics/Propulsion in 2003. that they are blessed with continued joy, of the airplane halfway across Edwards and Scott always had time to fly his plane health, and love. through the main hangar and workshop. In the around the country to share his experiences f cockpit I moved swiftly to do what I could to and love of aviation. He loved speaking to IN RECOGNITION OF THE 2005 ST. prevent this. . . . Immediately afterwards, young people—especially in the Fairfax Coun- CHARLES CRIME STOPPERS . . . we recalled in detail all that we could re- ty elementary school near his home that is member while it was still fresh in our minds. named after him. That honor probably meant These eye-witness accounts, added to the as much to him as receiving the National Aer- HON. KENNY C. HULSHOF miles of telemetry data and the film strips from onautics Association Collier Trophy from OF MISSOURI the three movie cameras, would enable us to President Kennedy, the National Space Club’s IN THE HOUSE OF REPRESENTATIVES establish the cause of the explosion very Wernher von Braun Trophy or his Thursday, April 27, 2006 quickly.’’ Such dedication was critical to cor- enshrinement in the Virginia Aviation Hall of Mr. HULSHOF. Mr. Speaker, I rise today in recting failures, improving performance and Fame, the National Aviation Hall of Fame and recognition of the 2005 St. Charles Crime accomplishing the major goal of NACA, which the International Space Hall of Fame. Stoppers award winners. For those of you not was to infuse the leading edge of aeronautical Scott was one of a kind and all who worked familiar with the program, Crime Stoppers technology into American industry and aircraft. with him were blessed to have the opportunity began 30 years ago in the state of New Mex- The Committee on Science and Technology to do so. I want to express my condolences to ico as a community partnership to help com- was fortunate, when it came time to recruit his family on the sad loss of this amazing bat crime. This community partnership con- Scott, to have Jack Swigert, the pilot of Apollo man. sists of the local authorities, the press and 13, as its chief of staff. Scott and Jack had f area residents. Since its inception, Crime known each other for years and it was Scott Stoppers has expanded to all 50 states, in- who talked Jack into leaving graduate school EDWARD AND MERLE FORD ON cluding the District of Columbia, as well as at the University of Colorado for the astronaut THEIR 50TH WEDDING ANNIVER- worldwide with programs in Canada, Europe, corps. SARY Australia, parts of Southeast Asia and other Scott answered the call to public service locales. In total, there are 1,200 programs and brought his unique abilities and contacts HON. JIM GERLACH worldwide. to a decade and a half of distinguished service OF PENNSYLVANIA Oftentimes, when a crime is committed, on the Committee. When he joined the staff IN THE HOUSE OF REPRESENTATIVES there is generally a witness who has either he had already been a pilot for over 40 years. Thursday, April 27, 2006 seen firsthand the act take place or has During his years of service, Scott was the knowledge that could lead to the arrest of the Committee’s lead staffer both for the Federal Mr. GERLACH. Mr. Speaker, I rise today to perpetrator. Whether it is a mugging, a drug Aviation Administration and for the aeronautics honor Edward and Merle Ford on their 50th deal or an auto theft, someone in the local portion of NASA. The universally high level of wedding anniversary. community has information. The obstacle local respect he garnered opened doors no one Edward and Merle celebrated this wonderful law enforcement face is that many of these else could open. His unique experience and milestone on February 28, 2006 after having tipsters are reluctant to come forward for fear level of knowledge meant that he was on top spent half a century in love and with the of retaliation by these criminals or for other of both the technology and the politics of the shared experiences of family life. Edward Lee personal reasons. agencies he oversaw. Ford was born on July 31, 1929 in Heming- The solution is Crime Stoppers, which pro- In the wake of the Challenger disaster, Scott way, South Carolina. He relocated to Pennsyl- vides witnesses with a safe and anonymous applied himself to an analysis of the Shuttle vania to attend Pine Forge Academy. Prior to way to relay tips, and therefore avoid having orbiter’s braking system as his part of the graduating from Pine Forge, Edward and his to go on the record and fear reprisals. While Committee’s investigation. He wrote that, twin brother, Jesse, were drafted into the Crime Stoppers tips generally do not provide ‘‘ . . . Orbiter landings appear high risk even Army where they served as medics. During his police with the evidence needed to make an under ideal conditions, which seldom occur. time at Pine Forge and while in Germany, Ed- arrest, the information does provide police with Exceptional procedural and skill demands are ward diligently wrote to Merle Elizabeth leads that have ultimately led to a countless placed upon the pilots to nurse the brakes and Cheatham. Merle was born on January 1, number of arrests and prosecutions. Rewards tires through every landing. Landing rules 1934 in Baltimore, Maryland, and like Edward, also help reluctant tipsters to come forward have had increasing constraints imposed that attended Pine Forge Academy. During the with information. hamper operational flexibility and usefulness early days of their romance, letter-writing kept I would like to take a moment to highlight of the Orbiter . . . [I]t is a tribute to the pilots their love alive. the 13 2005 St. Charles award winners. Mi- that they were able to carry such a tender sys- On October 23, 1955, Merle Elizabeth chael Shipley was honored as the Law En- tem so far.’’ When the Shuttle returned to Cheatham and Edward Lee Ford were wed at forcement Officer of the Year. For 14 years, flight in 1988, it did so with a stronger braking the chapel on the grounds of Pine Forge Mike has dutifully served the local community system. The astronauts can thank Scott Academy. The Fords have four children; both as an officer with the St. Charles Police Crossfield every time their drag chute deploys Rhonda, Terry, Dwayne, and Lisa; three Department but also as a mentor and coach to as the Shuttle rolls down the runway. The grandchildren; and three great-grandchildren. the local youth. He may be best known for his Committee, upon his departure in 1993, ex- Merle and Edward have likewise kept their role as head trainer at St. Charles Boxing pressed ‘‘[a]ppreciation for [his] knowledge connection to Pine Forge Academy strong. where he helps kids learn the ‘‘sweet science’’ and experience in aviation and engineering, Merle worked as the Registrar, Secretary to but most importantly stay out of trouble. contributions to sound aviation policies, and the Principal, and Typing Teacher at the Acad- Kimberly Huffman was honored as the foresight to set in motion plans for 21st Cen- emy, while Edward designed and built Crime Stoppers Civilian Employee of the Year. tury aerospace transportation.’’ NASA award- Kimbrough Hall, several of the log cabins, and After completing the police academy and be- ed him the Distinguished Public Service Medal renovated North Hall into the Music Conserv- ginning her work as a police officer, Kim was and the Federal Aviation Administration a Cer- atory. Edward even served as the first presi- devastated to learn that she had been diag- tificate of Appreciation. dent of the Pine Forge National Alumni Asso- nosed with a medical condition that would pre- In 2003, Scott applied his experience at ciation. In 1995, Edward, along with his broth- clude her from fulfilling her day-to-day duties. teaching pilots to a singular purpose. The er Jesse, received the honor of being alumni As a result, Kim resigned as an officer and team chosen to attempt a recreation of Wilbur of the year. In addition to their dedication to began to work as a communications specialist and Orville Wright’s first flight at Kitty Hawk each other and the Academy, the Fords are with the department, where she excelled. Re- asked Scott to train the pilots attempting to get pillars in their church where they serve as cently, Kim was ecstatic to learn that her con- the replica Flyer into the air. The Wrights Head Deacon/Deaconess at the Walnut Street dition had been misdiagnosed and will be able

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.047 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E646 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 to again pursue her dream of becoming a po- Meanwhile, Joseph Kony, believed to be to a study done by the Alan Shawn Feinstein lice officer. Lakwena’s cousin, took up the battle, forming International Famine Center at Tufts Univer- The Neighborhood Block Captains Award a group known as the Lord’s Resistance Army sity, these militias were hurriedly recruited, was presented to Randy and Jan Joeckel for or LRA. The LRA is often said to be deter- poorly screened and incompletely trained. Fur- their work in their neighborhood, Hanover mined to rule Uganda according to the Bible’s thermore, known criminals are part of these Manor. The Joeckel’s have diligently worked 10 Commandments. In reality, this group has militias, which also contain boys and girls less to maintain a safe and crime free neighbor- a philosophy that blends elements of Christi- than 18 years of age. hood by organizing neighborhood watches and anity, Islam and traditional Acholi beliefs into a The Feinstein Center study also reports that community meetings to help keep tabs of de- murderous world view that has terrorized there is a widespread perception among indi- veloping problems. Kony’s own Acholi people and set back devel- viduals and organizations in northern Uganda Jim Trenary Chevrolet was the recipient of opment in the North by years if not decades. that the government has malevolent reasons the 2005 Crime Stoppers Business of the Year Over the last 20 years, as many as two mil- for not ending the war with the LRA. They in- Award. Jim Trenary employees have been ex- lion persons—an estimated 90 percent of the clude revenge against northerners for human tremely active in the local community with var- population of the Acholi area in northern rights abuses under previous governments ious fundraising efforts to help out good Uganda—have been forced into internally dis- and neutralization of political challenge from causes. Jim Trenary Chevrolet has also been placed persons camps. More than 20,000 chil- the North. In the Uganda elections held earlier an invaluable tool to the St. Charles Police dren have been forced to serve as either sol- this year, President Museveni’s main opponent Department by providing cars to be used for diers or sexual slaves for the LRA. Those chil- Kizza Bessigye, won 80 percent of the vote in surveillance and sting operations. dren who have escaped kidnapping by the northern Uganda—a testimony to the govern- The 2005 Crime Stoppers Special Recogni- LRA are forced into the phenomenon known ment’s unpopularity in the North. tion Award was presented to Thomas Benton. as night commuting, in which an estimated Whatever the truth about the Government of After retiring from 20 years of service to the 50,000 children walk miles from the rural Uganda’s war effort, it is certainly a fact that St. Charles Police Department, Thomas be- areas to towns in order to find relative safety not enough is being done to safeguard the en- came the director of security for a local ca- in bus shelters, churches or even on the dangered children of northern Uganda. With sino. Never one to forget his law enforcement streets. all the attention given to the genocide in skills, Thomas was able to help local authori- The impact of this war on Ugandans in the Darfur, a similar crisis in northern Uganda has ties identify two suspects from two different North, as reported by the Civil Society been eclipsed in both attention and resources. bank robberies using casino surveillance tapes Organisations for Peace in Northern Uganda, Just as we have a moral obligation to res- and testimony from casino employees. is almost unbelievable: cue the suffering people of Darfur, we have a St. Charles Suburban Journal reporter —The rates of violent death in northern similar obligation not to ignore the terrorized Jason Lee received the Crime Stoppers Media Uganda are three times higher than those re- population of northern Uganda. If the eyes and Relations Award. Jason’s reporting on area ported in Iraq following the Allied invasion in ears of the world are focused elsewhere, we crime was detailed and thorough and he 2003. must redirect them to Uganda’s distressed helped create awareness for the program by —Each month, nearly 3,500 Ugandans die northern population—especially the children. including Crime Stoppers information in his ar- from easily preventable diseases, extreme vio- Uganda’s future may depend on our efforts. ticles. Jason also proved to be an asset to the lence and torture; Regrettably, the phenomenon of child sol- St. Charles Police Department, as he helped —Each day, 58 children under the age of diers is not one confined to Uganda or Africa. out with leads on certain cases. five die as a result of violence and preventable It is a global tragedy in which as many as The 2005 Citizen Award was presented to diseases. 300,000 children are involved in as many as Renee & Derrick Rivers, Colleen Clifford, John —Three times more children under the age 30 conflicts around the world. As in Uganda, Hanley, Susan & Andy Quinones, Ann Walton, of five die in northern Uganda than in the rest children are used by governments or govern- Ann Grice and Stacey Nelson. All of the Cit- of the country. ment-supported militias and rebel forces such izen Award recipients were actively involved in —One quarter of the children in northern as the LRA. Utilized in everything from combat helping apprehending suspects and thwarting Uganda over ten years of age have lost one to spying to clearing minefields, these children future crimes. And in one particular case, an or both parents. are often killed or maimed, and even those infant’s life was saved by arresting a mother —Half of the nearly two million internally who can escape often find it difficult to re- for child abuse and endangerment. displaced persons in northern Uganda are integrate back into society. They desperately I commend all these recipients and hope my children under the age of 15. need our help. colleagues share in my admiration for the —About a quarter of a million children in To that end, I and some of my colleagues Crime Stoppers. I encourage all Americans to northern Uganda receive no education at all in the House and Senate are planning to intro- learn more about this wonderful partnership. because of displacement and the fact that duce legislation shortly to address the issue of child soldiers. This legislation condemns the f 60% of schools in northern Uganda no longer function due to the war. conscription, forced recruitment or use of chil- THE ENDANGERED CHILDREN OF Because of the war in the North, Uganda dren by governments or paramilitaries in hos- NORTHERN UGANDA has developed a lost generation that has tilities and urges the U.S. Government to lead grown up in dire circumstances with fear and efforts to enforce existing international stand- HON. CHRISTOPHER H. SMITH deprivation as their constant companions. ards to end this horrendous human rights OF NEW JERSEY Nearly half of all children in the northern town abuse. This legislation would deny U.S. military as- IN THE HOUSE OF REPRESENTATIVES of Kitgum are stunted from malnutrition. They likely will never be able to recover what this sistance to 7 of the 26 nations believed to use Thursday, April 27, 2006 war has cost them. children in their military forces: Burundi, Co- Mr. SMITH of New Jersey. Mr. Speaker, There is great concern that the Government lumbia, the Democratic Republic of the Congo, when current Ugandan President Yaweri of Uganda is insufficiently committed to im- Cote d’Ivoire, Paraguay, Sudan and Uganda. Museveni overthrew the murderous regime of proving the situation in northern Uganda. On f the late Milton Obote in Uganda in 1986, at least two occasions when there appeared to RUSSELL KOLB many had hoped that their nation would finally be a chance for peace talks with the LRA— emerge from the nightmares of the Obote and once in 1993 and again in late 2004–2005— Idi Amin regimes. Unfortunately, yet another the Government of Uganda launched HON. JIM GERLACH OF PENNSYLVANIA horror lay ahead for the people of northern offensives that ended any chance of peace IN THE HOUSE OF REPRESENTATIVES Uganda. and yet failed to end the terrorism of the LRA. Many in the Acholi community were alarmed More recently, the indictment of top LRA lead- Thursday, April 27, 2006 at the sudden loss of power when Obote was ers by the International Criminal Court has ef- Mr. GERLACH. Mr. Speaker, I rise today to overthrown, and Alice Lakwena formed the fectively ended further peace efforts. honor Russell Kolb for his 50 years of out- Holy Spirit Movement to fight for the Acholi Because of its inability to end the LRA standing service to the Ridge Fire Company of people. Despite her promises that her fol- threat, the Ugandan government in 2003 East Vincent Township, Chester County Penn- lowers would have immunity from the bullets began encouraging local leaders in northern sylvania and the communities it serves. of the Ugandan army, they were defeated two and eastern Uganda to raise civilian militias to In addition to his active membership in the years later, and she fled to Kenya. help protect civilians. Unfortunately, according Company for 50 years, Mr. Kolb is also a

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.050 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E647 Trustee and President of the Company. During residents and visitors enjoyed numerous forms their contributions to humanity. These trail- his time of service, Mr. Kolb has earned the of recreation in and on the Feather River. blazers are very much deserving of the Wom- love and respect of his fellow citizens for his Now, the construction of Riverbend Park has en’s Empowerment Awards. dedication and commitment to the local com- helped to usher in a new and positive era in munity. the City, punctuated by a renewed focus on [From the New York CaribNews, Apr. 4, 2006] Throughout his tenure, he has been the quality development along the Feather River. I METROPOLITAN COLLEGE OF NEW YORK CELE- lead fundraiser for the Company’s chicken am pleased to commemorate this phase of the BRATES WOMEN’S HISTORY MONTH WITH EM- barbeques, fairs, and annual Thanksgiving tur- development and look forward to future im- POWERMENT AWARDS key raffle. He also serves on the Building and provements along this important natural fea- Metropolitan College of New York (MCNY) Truck Committees, which oversee the pur- ture. celebrated Women’s History Month with the chase of new equipment, building repairs, and Mr. Speaker, today I join with the people of First Annual MCNY Women’s Empowerment major renovations. The countless hours of Oroville, their elected officials, and District Awards for Contributions to Diversity, Edu- service he has provided to the Company and staff as they celebrate the exciting occasion of cation and Public Service on Monday, March community are testament to his passion for dedicating Riverbend Park. As a showcase for 20 in the College’s Student Lounge. The in- volunteerism and exemplary citizenship. the entire region and a safe place for people augural Women’s Empowerment Awards Mr. Speaker, I ask that my colleagues join of all ages, I am sure Riverbend Park and the were bestowed upon New York City Council me today in honoring Mr. Russell Kolb, one of amenities it offers will make a lasting impres- members Yvette Clarke and Inez Dickens Chester County’s and Pennsylvania’s great cit- sion on residents and visitors to the area for and Deputy Manhattan Borough President izen volunteers, for his ceaseless and unself- decades to come. I congratulate area leaders Rosemonde Pierre-Louis. MCNY President ish commitment to the safety and betterment and citizens as they commemorate this mo- Stephen R. Greenwald welcomed the hon- of his local community and fellow citizens. mentous occasion. orees, MCNY students, faculty and guests to the event and MCNY Alumna Lori N. Jones- f f Dessalines, Founder, President, and Center THE DEDICATION OF RIVERBEND METROPOLITAN COLLEGE OF NEW Director for Achievers of New York, Inc. PARK YORK CELEBRATES WOMEN’S Math Center in West Hempstead, Long Is- HISTORY MONTH WITH EM- land, served as Mistress of Ceremonies. HON. JOHN T. DOOLITTLE POWERMENT AWARDS ‘‘We are delighted to honor the achieve- ments of these three outstanding New York OF CALIFORNIA City officials. In some ways, their accom- IN THE HOUSE OF REPRESENTATIVES HON. CHARLES B. RANGEL plishments echo the pioneering work that OF NEW YORK Thursday, April 27, 2006 Audrey Cohen began when she founded the IN THE HOUSE OF REPRESENTATIVES Mr. DOOLITTLE. Mr. Speaker, today I wish Women’s Talent Corps in 1964—the precursor to acknowledge and celebrate a momentous Thursday, April 27, 2006 to Metropolitan College of New York. Each day in the history of the City of Oroville (City), Mr. RANGEL. Mr. Speaker, I rise today to of our honorees represents a model of success for our students and for all New Yorkers,’’ California, a community I have the honor of recognize three outstanding New York City said Mr. Greenwald. representing in the House of Representatives. women: Inez Dickens, Yvette Clarke and On May 5, 2006, local residents will join rep- Rosemonde Pierre-Louis, as the recent recipi- Councilmember Yvette Clarke credited her resentatives from the City, the Feather River ents of the first Annual Metropolitan College of parents’ community activism with moti- Park and Recreation District (District), the New York Women’s Empowerment Awards vating her to become a public servant. She also encouraged the students in the audi- California State Water Contractors, the Cali- and to enter into the RECORD an article from ence, the majority of who were women, to fornia Department of Water Resources (DWR), the New York CaribNews entitled ‘‘Women’s become active in their respective commu- and several other entities to dedicate History Month With Empowerment Awards,’’ nities. Riverbend Park. This dedication is the cul- that salutes their achievements in their fields. mination of a collaborative effort involving nu- These three ladies were truly deserving of the ‘‘I stand on the shoulders of many women merous stakeholders and is a very positive de- accolades bestowed upon them during Na- who serve our City daily on community boards, in block associations, PTAs, tenant velopment for the residents of Oroville and the tional Women’s History Month, at a gala rec- associations—women who are the unsung surrounding areas. ognition ceremony held at Metropolitan Col- heroines of our City. It is on their behalf Enhancements to Riverbend Park have lege on March 20, 2006. that I accept this award,’’ Ms. Clarke noted. been ongoing for the better part of 25 years. March of each year symbolizes Women’s But only now, during the final stages of DWR’s History Month. This time is set aside to honor Council member Inez Dickens departed from her prepared remarks to tell the stu- relicensing of hydroelectric facilities at nearby all women with particular emphasis on the ex- dents a bit about her family history. Her Lake Oroville, are the sparkling visions of local traordinary contributions of women who ac- family left Tulsa, Oklahoma in the 1920’s to officials and residents for this property being tively make a difference in the daily lives of escape the racially motivated violence realized. During the last five years of negotia- others. The three honorees for the Metropoli- against African Americans. In the course of tions with state authorities, local officials made tan College of New York’s Women’s Em- one day, more than 10,000 whites gathered it clear that this project was a priority for the powerment Awards have made notable con- and setting fire to every building standing, community. DWR responded by making tributions to furthering the causes of Diversity, leveled 35 square blocks, murdered, raped Riverbend Park a Special Project as part of Education and Public Service. New York City and robbed, and committed other atrocities the relicensing process and pledged financial Council members Inez Dickens and Yvette against African Americans. They used ma- assistance and personnel to make the im- Clarke, along with the Deputy Manhattan Bor- chine guns and airplanes that dropped nitro- provements sought by the City and District. ough President Rosemonde Pierre-Louis, were glycerin and dynamite in an all out attack While more projects are scheduled, District of- the honorees whose stellar careers and ac- on the African American section of town. ficials have already significantly improved the complishments merited this special recogni- The Dickens family moved first to Canada area by upgrading and restoring public access tion. and then settled in Harlem where to the Oroville Wildlife Area Ponds, placing To quote and agree with the MCNY Presi- Councilmember Dickens’ uncle, then her fa- ther, were among the first African-American Americans with Disability Act compliant rest- dent Stephen R. Greenwald, ‘‘. . . Each of our elected officials in the New York State legis- rooms on site, installing a water well pump for honorees represents a model of success for lature. irrigation and fire suppression, and con- our students and for all New Yorkers.’’ While structing better barriers to deter illegal tres- giving eloquent and sincere award acceptance Deputy Manhattan Borough President passing and dumping. Presently, the 210 speeches each honoree spoke of their values Rosemonde Pierre-Louis encouraged the stu- dents to seek creative ways to be involved in acres that make up Riverbend Park provide and the motivating forces that guided their ca- public service. Stressing the importance of outstanding opportunities for hikers, fishermen, reers. They also stressed the importance of activism, she outlined many of the initia- bird watchers, wildlife viewers, disc golfers, community activism as they encouraged the tives she spearheaded in her role as an attor- and other recreation enthusiasts. audience to step up and make a difference. ney and an advocate for battered and other The Feather River, which runs adjacent to Mr. Speaker, I commend the first Annual women’s issues. She added, with the pride of Riverbend Park, has long been a focal point of Metropolitan College of New York for their de- achievement, that in 2006 she is the first Hai- the Oroville community. Before the construc- cision to select and recognize Inez Dickens, tian American woman to hold a significant tion of the Oroville Dam many years ago, area Yvette Clarke and Rosemonde Pierre-Louis for public appointment in New York.

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STATEMENT ON H.R. 4681 Chairman HYDE expressing concerns regard- ture of a Substitute to H.R. 4681, the Pales- ing the substitute amendment to H.R. 4681 tinian Anti-Terrorism Act of 2006. The bishops’ perspective on this legislation HON. BETTY McCOLLUM states, ‘‘the legislation should provide for the is shaped by two overriding concerns. First, OF MINNESOTA urgent needs of the Palestinian people. A fur- H.R. 4681 should be measured in light of the IN THE HOUSE OF REPRESENTATIVES ther deterioration of the humanitarian and eco- ultimate goal of promoting a two-state solu- Thursday, April 27, 2006 nomic situation of the Palestinian people com- tion that provides security for Israel and a promises human dignity and serves the long viable state for the Palestinians, two states Ms. MCCOLLUM of Minnesota. Mr. Speak- term interests neither of Palestinians nor of living alongside one another in peace. Sec- er, would like to enter into the record my Israelis who long for a just peace.’’ ond, the legislation should provide for the views on a bill that was marked-up in the Mr. Speaker, I am submitting the text of the urgent needs of the Palestinian people. A further deterioration of the humanitarian International Relations Committee on April 6, letter from the Catholic Bishops Conference 2006, H.R. 4681, The Palestinian Anti-Ter- and economic situation of the Palestinian for the record as well. people compromises human dignity and rorism Act of 2006. I wish to extend my sin- In it present form, this bill will not allow serves the long term interests neither of Pal- cere appreciation to Chairman HENRY HYDE NGOs to properly carry out the very assist- estinians nor of Israelis who long for a just for his wisdom and determined effort to tem- ance determined to be necessary by the Sec- peace. per H.R. 4681 to reflect the shared commit- retary of State. It would be my hope that this Mr. Chairman, the bishops are grateful ment of members of the U.S. House to ensure is not an attempt to intentionally make it pro- that the language of the substitute now ac- Israel’s security, combat terrorism and work knowledges the goal of a two-state solution, hibitively difficult for NGOs to fulfill their con- but we remain profoundly concerned that towards a peaceful two-state solution for Israel tracts, thus ensuring suffering and misery some of the provisions of the bill would di- and the Palestinian people. Despite Chairman among the Palestinian people, but rather a rectly undermine this goal. For example, the HYDE’s noblest efforts, I unfortunately believe failure in drafting the bill that can be remedied legislation rightly calls upon Hamas to re- the substance of the legislation as put before as the legislative process proceeds. nounce terrorism, recognize Israel and ac- the committee will not help the U.S. advance The inclusion of the section of the bill tar- cept prior agreements, including the Road our vital interests in the Middle East and geting the United Nations agencies and pro- Map, but then forbids contact with the Pal- therefore I cannot support the bill in its current grams, section 4, is very disappointing and estinian Authority, ‘‘including the Pales- tinian Legislative Council’’ (page 9, lines 15– form. clearly not intended to advance the peace Among our colleagues in the U.S. House, 16) despite the fact that many members of process or the well-being of Israelis or Pal- the Council are not members of Hamas or a there is unanimous intolerance and con- estinians. The United Nations, as a member of Foreign Terrorist Organization and have, in demnation for the Hamas-led government of the Quartet, has a vital role to play in ensuring fact, renounced terrorism, recognized Israel the Palestinian Authority. The refusal of the humanitarian needs are met. To target a and supported past agreements. Similarly, in political leadership of Hamas to recognize the member of the Quartet in such a fashion is a section 7 and 8 the travel and representation State of Israel, renounce violence and ter- clear sign that this bill is intended to under- of officials of the Palestine Liberation Orga- rorism, and agree to previous agreements and mine the Bush administration’s multilateral nization (PLO) in the United States is re- stricted despite the fact that the PLO has re- obligations of the Palestinian Authority is un- leadership. This section has no positive effect acceptable and therefore they must be iso- nounced terrorism, recognized Israel and ne- on the policy goal stated in section 2 of the bill gotiated the prior agreements. These actions lated by the international community. Con- and will likely isolate the U.S. in the future. curtail contact with moderate Palestinian gress should be extending our support for the This entire section of the bill must be re- leaders whose support and cooperation are Bush administration’s current position of lead- moved. crucial for pursuing a two state solution. ing the international community to keep firm There are other aspects of this bill which I The bishops appreciate the steps you have pressure on Hamas until they agree to an disagree with because I believe they harm taken to improve section 3 of the legislation, internationally recognized civilized standard of U.S. interests. Fortunately, some of my re- (e.g., the shortening of notification provi- conduct. At the same time, Congress must sions). However, we remain profoundly con- maining concerns regarding the bill are appro- cerned with the narrow definition of the ex- work with the administration and the inter- priately addressed in S. 2370, as introduced in ception to limitations on aid to Gaza and the national community to avoid a serious humani- the U.S. Senate, which I feel provides the West Bank in subsection (d). Especially tarian crisis among the Palestinian people. President appropriate flexibility to positively given the deepening poverty and unemploy- Unfortunately, instead of advancing the U.S. advance U.S. interests with regard to the Pal- ment in the Palestinian territories, the ex- interests, H.R. 4681 does not recognize the estinian Authority and the peace process. ception ought to include more than the pro- three criteria set forth by President Bush for Finally, my opposition to H.R. 4681 is based vision of services to meet ‘‘basic human engagement with the U.S. H.R. 4681 sets an on policy grounds that reflect my support for a health needs.’’ The basic human needs of the elevated threshold which will make engage- Middle East peace process which will ulti- Palestinian people as they fall into deeper poverty include: ‘‘education, job training, ment nearly impossible even if Hamas does mately yield security and freedom from ter- psycho-social counseling and other humani- agree to recognize Israel, renounce terrorism rorism for the people of Israel and a demo- tarian needs.’’ The bishops’ relief and devel- and agree to abide by all previous agree- cratic, secure and peaceful Palestinian state. opment agency, Catholic Relief Services, re- ments. The policy outcome of H.R. 4681 H.R. 4681, in its current form, will result in no ports that their assistance programs in the would not only isolate Palestinian leaders who greater security or opportunities for peace Palestinian Territories could be severely have been committed to advancing the peace than exist today with current law and the ad- curtailed or ended under the proposed legis- process, have denounced terrorism and are ministration’s present policy course, but may lation. Other reputable, Non-Governmental working with Israel for a permanent two-state in fact have the result of destabilizing the cur- Organizations (NGOs) report similar con- cerns. solution, it will result in the isolation of the rent situation while fueling a humanitarian cri- Another issue related to NGOs is the prohi- U.S. among members of the international sis. It would be my hope that this legislation bition on all contact with the Palestinian community that are working for a peaceful and will be amended and improved as the process Authority (PA). Any organization delivering just solution between Israel and the Palestin- moves forward. Advancing this bill in its cur- assistance in the West Bank and Gaza will ians. rent form undermines U.S. interests, exacer- need to have incidental contact with the PA This bill also places extreme constraints on bates a potential humanitarian crisis and has in order to secure permits and conform to the delivery of humanitarian assistance to the potential long-term negative consequences for legal requirements. This routine, non-sub- stantial contact should not be prohibited. Palestinian people which has the potential for the Israeli people and the Palestinians. In its Attached to this letter you will find some very negative human consequences. Pales- current form, I must oppose H.R. 4681. specific language recommendations that the tinian families and children must not be tar- DEPARTMENT OF SOCIAL DEVELOP- Bishops’ Conference believes would help the geted for deprivation of their basic human MENT AND WORLD PEACE, legislation to meet two important goals sup- needs, but instead treated in a fashion that re- Washington, DC, April 6, 2006. porting a two-state solution to the conflict flects our values and the belief that their lives Hon. HENRY J. HYDE, and alleviating the urgent human needs of are valued. Non-governmental organizations Chairman, Committee on International Rela- the Palestinian people through aid. These (representing many of our faith communities) tions, House of Representatives, 2110 Ray- goals are in the best interests of both Pal- estinians and Israelis who long for a just with significant experience delivering humani- burn House Office Building, Room 2170, Washington, DC. peace. tarian assistance have expressed serious con- DEAR MR. CHAIRMAN: On behalf of the Sincerely yours in Christ, cerns regarding the lack of flexibility in H.R. United States Conference of Catholic THOMAS G. WENSKI, 4681. An April 6, 2006 letter from the United Bishops, I write to express the bishops’ con- Bishop of Orlando, Chairman, States Conference on Catholic Bishops to cerns regarding the Amendment in the Na- Committee on International Policy.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A27AP8.057 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E649 SIR KNIGHT PASQUALE COLLETTI again, and Mr. Williams found himself drawn cipients, who did not previously have cov- into the civil rights movement joining the erage, have enrolled in Part D. These low HON. JIM GERLACH Southern Christian Leadership Conference, numbers are due in large part to the com- OF PENNSYLVANIA SCLC. He was involved in organizational plexity of the system, the number of unfamiliar IN THE HOUSE OF REPRESENTATIVES meetings with Dr. Martin Luther King, Jr., at plans entering the market and the misinforma- Penn Center in Frogmore, South Carolina, and tion initially presented by CMS. Thursday, April 27, 2006 helped mobilize voter registration and partici- This was made very clear to me after many Mr. GERLACH. Mr. Speaker, I rise today to pation in Calhoun and Orangeburg counties. meetings with seniors and persons with dis- honor Sir Knight Pasquale Colletti for his out- His leadership in the African American com- abilities in my district that this is unnecessarily standing service to the Chester County com- munity, led Mr. Williams to form the Calhoun complicated and that CMS was unprepared to munity as the Knights of Columbus’ Past County Branch of the NAACP, and he served deal with its implementation from the outset. Faithful Navigator. The Chester County, Penn- as its president for 12 years. He focused his As Members of Congress, we have all heard sylvania Fourth Degree Assembly #1873 has efforts on working with South Carolina’s first from constituents—both Medicare recipients faithfully served the community and parishes Black Senator since Reconstruction, I. and providers—about the difficulties in enroll- for many generations. Mr. Colletti has received DeQuincey Newman, to improve voter reg- ment and in the accuracy of the payment sys- numerous accolades and awards from the As- istration and economic development in African tem. I even heard from one constituent who sembly and fellow Knights hold him in high es- American communities. was so frustrated by the system that, against teem for the compassion he shows to families Mr. Williams defied threats by the Ku Klux our advice, he has disenrolled completely and with loved ones in military service. Mr. Colletti Klan and even took on the powerful State plans to rely on emergency room care for his extends help, support, and prayers for service- Senator Marion Gressette, and continued his health coverage. That is unacceptable. men and women either before or during de- voter registration drives. Ultimately Senator Coverage decisions are made more difficult ployment or after their return. His leadership in Gressette deputized him as a registrar with by the fact that a beneficiary may only change patriotic causes and community service is in- the power to register people where he met plans once a year, whereas a plan may spirational. He is a true patriot, an exemplary them rather than at the voter registration of- change its coverage options on a whim. Re- citizen, and a pillar of the Chester County fice. He was then appointed to the Calhoun gardless of these complexities, those who do community. County Board of Education and Voter Partici- not enroll by May 15th will be charged a 7 Mr. Speaker, I ask that my colleagues join pation. He served in that capacity for many percent minimum penalty for the rest of their me today in honoring Sir Knight Pasquale years, and was active in many other commu- lives. Medicare beneficiaries should not be Colletti for his leadership, dedication, and love nity organizations. charged for this Administration’s problems. We of country. I hope that Mr. Colletti will continue His dedication to his faith was equally pro- need to extend the deadline for enrollment to undertake his great works on behalf of the found. Mr. Williams joined New Bethany Bap- and in the meantime, go back to the drawing community and County and help Pennsylvania tist Church at the age of 14, and remained an board and write a Medicare prescription drug Fourth Degree Assembly #1873 continue its active member until his passing. He served as plan that makes sense. long history of distinguished community serv- Church Clerk, Sunday School Teacher and The Medicare Part D plan does not provide ice. Superintendent. He became an Ordained Dea- the comprehensive coverage that is needed f con, and finally served as Chairman of the for our seniors and persons with disabilities. Deacon Board until he fell ill before departing This plan appears to be focused on providing TRIBUTE TO HOPE WILLIAMS, JR. this life. profits for HMOs and pharmaceutical compa- Mr. Williams was the patriarch of a wonder- nies, not on improving health care and quality HON. JAMES E. CLYBURN ful family. His married June Miler in August of life for Medicare recipients. Those priorities OF SOUTH CAROLINA 1932, and the two had 18 children. Mr. Wil- are made clear with the provision banning the IN THE HOUSE OF REPRESENTATIVES liams was also the proud grandfather of 56 Secretary of Health and Human Services from negotiating for best price on prescription Thursday, April 27, 2006 grandchildren and great-grandfather to another 45. At the time of his passing, he had eight drugs. Mr. CLYBURN. Mr. Speaker, I rise to pay great-great grandchildren. Recent studies show that by negotiating for tribute to Mr. Hope Williams, Jr., the grandson Mr. Speaker, Hope Williams was a stalwart best price we could save enough money to of slaves, the son of a man wrongfully impris- of the civil rights movement. He was instru- provide coverage for all recipients without a oned, and a civil rights pioneer. This native of mental in helping African-American commu- premium. A comprehensive Medicare drug rural Fort Motte, South Carolina, was a fixture nities in Calhoun County secure their right to benefit focused on seniors would come di- during the civil rights era in his home state, vote, and he was among the unsung heroes in rectly from Medicare, would allow negotiation, and his passing on November 21,2005 left a South Carolina that pave the way for me to be and would allow for re-importation of prescrip- void that will never be filled. elected the first African American to Congress tion drugs when safety standards are met. On June 14, 1910, Mr. Williams was born from South Carolina since Reconstruction. In We can do better, and we must do better. the youngest of 12 children to Hope, Sr., and fact, he was very active in all my political ef- I urge my colleagues to support a deadline ex- Adline Gold Williams during the era of Jim forts until his illness. It was a long road, but tension and comprehensive prescription drug Crow laws. He received only a sixth grade one made easier by the tremendous work and coverage under Medicare. education at Julia Peterkin’s Lang Syne sacrifice of men and women like Hope Wil- f School because a public school education was liams. I encourage you to join me in express- IRAN FREEDOM SUPPORT ACT not available to him and others similarly situ- ing deep gratitude, posthumously, to Mr. Wil- ated. Yet he continued to educate himself be- liams, and to issue that this triumph story is HON. JIM KOLBE yond his formal school years. enshrined in the hollowed halls of Congress. While Mr. Williams was still at home, his fa- OF ARIZONA f ther was snatched and put on a chain gang IN THE HOUSE OF REPRESENTATIVES for defending himself against the assault of a MEDICARE PART D DEADLINE Wednesday, April 26, 2006 local white man. With his mother left to care Mr. KOLBE. Madam Speaker, I rise in sup- for her large family alone, Mr. Williams HON. BETTY McCOLLUM port of the Iran Freedom Support Act. We are stepped up and helped build a new cabin for OF MINNESOTA at a crucial point in U.S. relations with Iran. his family. The house still stands, although IN THE HOUSE OF REPRESENTATIVES The U.S. must insist that they stop the nuclear battered by time. It remains a testament to programs, respect international regulations, Thursday, April 27, 2006 Hope Williams’ legacy of determination and and end harboring of any terrorist or terrorist endurance. Ms. MCCOLLUM of Minnesota. Mr. Speak- funding organizations. During World War II the boundaries of skin er, I rise today to urge Congress and the Bush I support my colleagues in taking up this color temporarily diminished as all young men Administration to extend the May 15th dead- piece of legislation. I urge a yes vote. How- were called to serve. Hope Williams served line for enrollment in Medicare Part D. ever, I believe a few changes and improve- his country by cultivating cotton on a Calhoun The Bush Administration has spent millions ments to the legislation need to be made be- County farm he secured through one of the of taxpayer dollars to promote this complicated fore it is sent to the President. government’s ‘‘Resettlement Administration’’ plan. However, 6 months after enrollment One concern is that section 202 of this bill programs. However, racial tensions rose began, only slightly over half of Medicare re- sanctions companies in the countries who are

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\K27AP8.003 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E650 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 working with us to oppose Iran’s nuclear pro- RECOGNIZING THE 40TH ANNIVER- Free Trade: Guyana and the United States gram. These sanctions have a potential to split SARY OF THE INDEPENDENCE OF were in mutual agreement at the Fourth our allies, aiding Iran, something I’m sure sup- GUYANA Summit of the Americas that the Free Trade porters of this bill would not want to do. Con- Area of the Americas should proceed to be implemented. gress and the President should have a united HON. CHARLES B. RANGEL Good Governance and Governability: Guy- front against Iran and enacting legislation that OF NEW YORK ana’s classification as a Threshold Country threatens that unity is not in our best interests. IN THE HOUSE OF REPRESENTATIVES by the Millennium Challenge Corporation Additionally, Title II urges managers of U.S. underlines its determination to improve its pension plans to divest stocks of companies Thursday, April 27, 2006 performance in ruling justly, investing in that report investments in Iran’s energy sector. Mr. RANGEL. Mr. Speaker, I rise today to people and encouraging economic freedom. These provisions could negatively affect the recognize the 40th anniversary of the inde- Terrorism: Guyana suffered proportion- smooth functioning of U.S. capital markets and pendence of the nation of Guyana from Great ately the heaviest losses in human casualties the savings and investment flows that are es- of any country including the United States Britain and to enter a tribute to the relationship from the 9/11 airplane attacks. Of a popu- sential to economic growth. between Guyana and the United States into lation of 750,000, 25 Guyanese nationals per- We must send Iran a strong signal with a the CONGRESSIONAL RECORD. ished at the World Trade Center and one at united front. I urge passage of this bill be- On May 26, 1966 the people of Guyana re- the Pentagon. cause we must address the very real threat of joiced in their newfound freedom status and HIV/AIDS: Guyana is a beneficiary country the nuclear arms race in the Middle East embarked on their journey of establishing under the PEPFAR (President’s Emergency stemming from Iran’s irresponsible actions. independent statehood. Guyana officially be- Plans for AIDS Relief) Program. The current regime in Iran must be held ac- came a republic on February 23, 1970. The Trafficking in Persons: The 2005 TIP Re- countable for its threatening behavior even as transition to independence was not an easy port which elevated Guyana from a Tier 3 to a Tier 2 country referred to appreciable we support a transition to democracy and tol- one but the people of Guyana persevered and erance in Iran. progress by Guyana in complying with sustained as their nation evolved into a coun- standards for the elimination of trafficking f try of peace and prosperity. in persons. BETHEL AFRICAN METHODIST The Caribbean is a diverse region that in- International Criminal Court: Guyana has EPISCOPAL CHURCH cludes some of the hemisphere’s richest and signed an Article 98 agreement with the poorest nations. Among the 16 independent Unites States. nations of the Caribbean, Guyana sits poised Inter-American Agenda: As a member of HON. JIM GERLACH on the north central coast of South America. the Inter-American System, Guyana shares OF PENNSYLVANIA policies and programs with the United States United States interest in Guyana and other IN THE HOUSE OF REPRESENTATIVES and other states in the hemisphere as set Caribbean nations include economic, political out, for example, in the OAS Charter, the Thursday, April 27, 2006 and security concerns. Guyana has long been Inter-American Democratic Charter, the Mr. GERLACH. Mr. Speaker, I rise today to recognized as a vital partner to the U.S. on Declaration on Hemispheric Security and honor Bethel African Methodist Episcopal security, trade, health, the environment, edu- other Conventions of the Inter-American Church on the occasion of its 135 years of cation, and regional democracy. System. continuing service. Mr. Speaker: In the spirit of friendship and Above all, however, lasting bonds of friend- On April 23, 2006, Bethel African Methodist cooperation I congratulate Guyana on the oc- ship and cooperation between Guyana and Church, the oldest African-American church in casion of their 40th anniversary of independ- the United States have been nurtured and strengthened by our respective people. The Pottstown, Pennsylvania, will celebrate its ence and I enter into the CONGRESSIONAL United States is home to a large Guyanese 135th anniversary. Bethel had a very humble RECORD a statement submitted by the Ambas- Diaspora which makes significant contribu- beginning. While the Church was initiated in sador of Guyana, the Honorable Bayney tions to both Guyanese and American soci- 1869, original members of the Church began Karran. eties. holding worship services for many years in THE TRIBUTE BAYNEY KARRAN, local homes. It was not until 1871 that the As a former British colony Guyana shares Ambassador of Guyana. Church marked its formal founding as an Afri- a similar historical, linguistic, religious and f can Methodist Episcopal Church. During 1871, socio-political heritage with the United the Church also moved into its present and States. Moreover, as a member state of the RECOGNIZING AFRICA MALARIA only sanctuary. Many renovations, upgrades, Organization of American States (OAS), DAY and membership additions have helped the Guyana is a solid partner and ally of the United States at the hemispheric and the Church grow, but members still turn to their wider international levels in advancing mu- HON. BETTY McCOLLUM original roots for strength and stability. tual interests and addressing common chal- OF MINNESOTA Over twenty pastors have served the con- lenges. In remarking upon the status of the IN THE HOUSE OF REPRESENTATIVES gregation of Bethel and their current pastor, bilateral relationship in 2003, President Thursday, April 27, 2006 the Reverend Dr. Vernon Ross, Jr., has George W. Bush stated, ‘‘The United States helped provide both spiritual and community and Guyana enjoy a strong and productive Ms. MCCOLLUM of Minnesota. Mr. Speak- growth. Through his leadership, Bible studies partnership. . . . (The interests of the Guya- er, I rise today to recognize Africa Malaria Day and Sunday school have grown tremendously nese people) and those of the United States and express my support and admiration for and over 100 new members have found a new are closely aligned. . . . Working together to the determined public health officials, NGOs, further our shared goals, we will build ever church home. Bethel has taken the initiative to stronger bonds between our two countries’’. clinicians and communities that are working to create an after-school program, a women’s Those bonds were evident when Guyana, defeat this preventable disease that takes its and men’s ministry, and a program to facilitate aided by the combined efforts of former greatest toll on the pregnant women and chil- Christian education. They have also added a Presidents George H.W. Bush and Jimmy dren of Africa. youth/young adult choice program and ex- Carter to bring about free and fair elections, Each year, 300–500 million people in Africa panded the voice mass choir. In addition to emerged from the clutches of contract malaria. One to three million Africans this growth, the congregation remains focused authoritarianism and returned to the fold of will unnecessarily die, Every thirty seconds an democratic nations in 1992. Guyana has al- African child under the age of five dies. Nearly on its missionary and lay organizations and ways collaborated unstintingly with the has added to its outreach ministry by using United States to combat the scourges which four percent of all maternal deaths annually church vans to stay involved in the commu- pose challenges to democracy, development, are the result of malaria. The battle against nity. human rights, peace and security. malaria is ranked as the second highest global Mr. Speaker, I ask that my colleagues join The following are some useful indicators of disease burden in Africa. me today in honoring Bethel African Methodist Guyana’s level of friendship and cooperation Despite these tragic statistics, there is great Episcopal Church on the wonderful occasion with the United States: hope for beating the disease and reducing the of its 135th anniversary. Bethel African Meth- The Fight Against Drugs: Guyana recently human cost it inflicts. Through contributions extended an invitation to the DEA to open odist Episcopal Church is committed to serv- an office in Guyana after the DEA was made and collaborations of the public and private ing its community and is carrying out its mis- to depart neighboring Venezuela. The United sectors, great strides have been made in the sion to minister to the spiritual needs of the States has responded positively to the invi- fight against malaria. Insecticide treated nets people of the greater Pottstown community in tation. Guyana has also concluded a have been distributed to the vulnerable popu- a most extemporary fashion. Shiprider Agreement with the United States. lations in pilot projects. Another project

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.064 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E651 sprayed residual insecticides inside houses to cipients that art has the power to inspire, to AUTHORIZING PARTICIPATION IN repel mosquitoes from places where people teach and to heal. ENTERPRISE FOR THE AMER- sleep. Successful trials of a pediatric vaccine ICAS MULTILATERAL INVEST- are being carried out, with the hope of a wide- f MENT FUND ly accessible vaccine available in 2010. With- out the dedication of both governments and PROVIDING FOR CONSIDERATION SPEECH OF independent organizations, these amazing ad- OF H.R. 513, 527 REFORM ACT OF HON. JIM KOLBE vances would not have been possible. 2005 OF ARIZONA Mr. Speaker, please join me in calling atten- IN THE HOUSE OF REPRESENTATIVES tion to the plight of millions of families across the African continent, on this 2006 Africa Ma- SPEECH OF Tuesday, April 25, 2006 laria Day, who needlessly get sick and be- Mr. KOLBE. Madam Speaker, I rise in sup- come incapacitated missing school and work HON. BETTY McCOLLUM port of H.R. 4916 authorizing a replenishment and in the worst cases die. The U.S. has right- OF MINNESOTA of the Enterprise Fund for the Americas. ly taken on a global leadership role in pro- The Multilateral Investment Fund (MIF) was IN THE HOUSE OF REPRESENTATIVES viding the financial resources and the scientific created in 1993 as part of the ‘Enterprise for research to minimize malaria’s heavy burden. Wednesday, April 5, 2006 the Americas’ initiative to provide technical as- We must continue to support those working to sistance in Latin American and Caribbean fight this disease and those millions whose Ms. MCCOLLUM of Minnesota. Mr. Speak- countries to stimulate innovation and eco- lives can be immeasurably improved by end- er, I rise today in opposition to the so-called nomic growth. The objective of the fund is to ing malaria’s costly human toll. 527 Reform Act of 2005 (H.R. 513). This legis- use grants and investments to develop micro f lation singles out 527 organizations in an effort enterprises, build worker skills, strengthen en- vironmental management and improve the TRIBUTE TO ELIZABETH O’NEILL to undermine their fundraising and is a direct assault on free speech. functions of financial markets. I’m pleased to VERNER AWARD RECIPIENTS be able to say that the Multilateral Investment This legislation would change the Federal Fund has been a model of reform and trans- HON. JAMES E. CLYBURN Election Campaign Act of 1971 (FECA) to add parency for other multilateral banks of reform OF SOUTH CAROLINA 527 organizations in the definition of political and transparency. The Fund has aggressively IN THE HOUSE OF REPRESENTATIVES committee. If enacted, this bill would suppress embraced transparency in it’s work. It is on Thursday, April 27, 2006 free speech and obstruct the efforts of grass- the front line of change in a development sec- roots organizations to encourage voter partici- tor where indictments of ineffectiveness are Mr. CLYBURN. Mr. Speaker, I rise today to most often heard. congratulate one of my constituents and a pation while doing nothing to address the cul- ture of corruption in Congress. Experience demonstrates that private sector South Carolina government agency for win- development agencies can be a powerful and ning the prestigious 2006 Elizabeth O’Neill I support the Bipartisan Campaign Reform transformative development tool. In Poland Verner Governor’s Award for their contribu- Act (BCRA) of 2002, which established bal- and across central Europe these types of tions to the arts. anced and effective strategies to achieve fairer funds have helped build small and medium Mr. David Sennema of Columbia, South elections. H.R. 513 is an unbalanced measure size businesses, created jobs, changed the Carolina has been selected to receive a Life- that favors corporate trade associations over economic environment and helped establish a time Achievement Award. It is hard to have independent advocates. For example, the bill middle class. Given the rapidly deteriorating lived in South Carolina in recent years and not would provide an unfair advantage to cor- political condition in Latin America, we need have been touched by Mr. Sennema’s talent every arrow in our quiver if we are to dem- and leadership. In his capacity as the first porate interests by allowing them to continue spending unlimited and undisclosed dollars for onstrate to countries in our hemisphere the in- general manager of the Columbia Music Fes- herent value of open market—both political political purposes while subjecting inde- tival Association, he developed and directed and economic. the South Carolina Philharmonic. As the Exec- pendent organizations, like citizens joining to- In the preceding 4 years, Congress provided utive Director of the South Carolina Museum gether to promote voter registration, to con- almost $72 million for the MIF. Although the Commission, he was instrumental in planning tribution limits and source restrictions. U.S. has pledged $150 million over the next and developing the South Carolina State Mu- H.R. 513 also removes all limits on national six years for MIF II, meeting that commitment seum. Mr. Sennema also served as the first and state party spending for Congressional will depend on budget constraints and shifting Executive Director of the South Carolina Arts spending priorities. There are many competing Commission. His career has taken him around candidates in primary or general elections. This section of the bill is an unmasked attack needs in the fiscal year 2007 budget and it will the country to universities and to arts organi- be no different In following budget years. It is, on BCRA and clear evidence of the majority zations, including the National Endowment for however, worth noting that our pledge has le- the Arts. In his retirement, Mr. Sennema con- party’s true intentions in advancing H.R. 513. veraged thus far an additional $352 million tinues to impact the arts in South Carolina by The goal is not reform, but partisan advantage from 36 other countries. serving on boards and commissions and writ- in political fundraising. We need to be innovative in our develop- ing and performing. If we are serious about reform, there are ment work if we are to increase trade and The South Carolina Department of Mental several Democratic proposals that have been build small and medium size businesses. The Health has been chosen for the Elizabeth Enterprise for the Americas Multilateral Invest- O’Neill Verner Governor’s Award in the Gov- put forward to address the real problems fac- ing this Congress. We should be reforming the ment Fund helps to achieve these goals. I ernment category for its Art of Recovery pro- support this legislation. gram. This innovative program enables South Rules of the House in order to provide Mem- f Carolinians living with mental illness to exhibit bers adequate time to review legislation before and sell their artwork. More than 350 artists, a vote. We should also be addressing the ‘‘WOMEN TIME NOW’’ IN THE U.S., who receive care from the South Carolina De- practice of travel on corporate jets and disclo- CARIBBEAN, LATIN AMERICA, partment of Mental Health, have benefited sure of fundraising by lobbyists. Unfortunately, AFRICA AND ELSEWHERE AS FE- from Art of Recovery during the five years the Republicans will not allow a real, com- MALES TAKE OVER since its inception. This program has helped prehensive debate on this critical issue. erase the stigma of having a mental illness, H.R. 513 is the majority party’s cynical and HON. CHARLES B. RANGEL and provided participants with a sense of pride OF NEW YORK underwhelming response and is clearly meant and accomplishment. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask you and my colleagues to distract attention from the real problems of to join me in thanking Mr. Sennema and the corruption. I urge my colleagues to reject this Thursday, April 27, 2006 South Carolina Department of Mental Health bill and vote for a real package of reforms— Mr. RANGEL. Mr. Speaker, I rise today to for their commitment to the arts. As an indi- changes that Congress needs and that Ameri- enter into the RECORD an interesting and spell- vidual or an agency, we learn through these cans expect. binding editorial entitled ‘‘Women Time Now’’ Elizabeth O’Neill Verner Governor Award re- that clearly recognizes the growing number of

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.067 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E652 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 outstanding women who are emerging as In the U.S., which by the way lags Rwanda Mr. Speaker, this legislation is moving leaders throughout the world. I sincerely com- in giving women a larger share of political America in the wrong direction. While other mend the newly elected leaders and admire and parliamentary power outstanding nations around the world are investing in high- women now hold key positions in govern- er education, this Congress has passed a $12 the female leaders from the past who paved ment, the judiciary, on college campuses, the way for this newer group of women elect- civil society, the trade unions, corporate billion cut to student aid—the largest cut to ed officials. It is evident that they are poised America and elsewhere. But as outstanding students ever. That devastating cut, combined to demonstrate their ability to lead their coun- as it sounds, the pace may have been a bit with the effort in this bill to eliminate fraud and tries into the future. too slow and needs to be quickened. abuse protections currently governing financial Portia Simpson-Miller, Jamaica’s first Such outstanding women as Dame Billie aid dollars, clearly show that the Majority has woman Prime Minister and Ellen Johnson- Miller, Barbados’ Senior Minister who has prioritized for-profit education companies over Sirleaf, Liberia’s new President and the first been her country’s Minister of Foreign Af- our students and our future. elected female leader in Africa’s history are fairs and Foreign Trade for a dozen years, In addition, Republicans have included lan- Claris Charles, Grenada’s Minister of Edu- guage to broaden federal influence over col- surfacing to prominence with much support cation, Dame Pearlette Louisy, St. Lucia’s from their countrymen. The term referenced in Governor General, and Pat Bishop of Trini- leges and universities. This bill gives Con- the article to give a sense of the political cli- dad and Tobago who is one of the Caribbean’s gress a role in overseeing daily campus activi- mate in their countries is ‘‘national euphoria’’. most accomplished composers, arrangers and ties, including monitoring classroom discus- This term clearly signifies the exuberance that ethno musicologists are but a few of those sions, reviewing student grades, and setting is felt as these ladies take on the task of run- who come to mind for having changed the curriculum. This sets a dangerous precedent ning their countries. course of government, the trade union move- for what has historically been an issue of aca- While I am overjoyed for the newly elected ment or cultural expression in our part of demic freedom for our higher education sys- the world. female officials, a disturbing part of the edi- tem. Just the other day, Dr. Nigel Harris, Vice It is the American dream to have the oppor- torial addresses the declining number of males Chancellor of the University of the West In- in the U.S. and in the Caribbean who are fail- dies, served notice that in another decade tunity to learn, to work in the career of your ing to take advantage of the educational op- women would be leading the Caribbean in choice, and to succeed. If should not be the portunities that could lead to a more active most spheres of influence. He based that on policy of the United States Government to limit role from men in politics of the future. The the fact that females account for more than the dreams of students. Mr. Speaker, I urge Vice Chancellor of the University of the West 70 per cent of the students on UWI campuses colleagues to reject H.R. 609 and to work for Indies ventured to say that in another decade in Jamaica, Trinidad and Tobago and Bar- legislation that improves access to college and bados. While that’s a source of joy, it’s also increase our ability to compete in the new women will be leading the Caribbean in most a reason to express regret as far as young spheres of influence. Hopefully, opportunities global market. This is a priority for families men are concerned. The male of the species and our communities and should be a priority will continue to exist for all and more young in both the U.S. and the Caribbean are fail- men and women will embrace and seize the ing to take advantage of educational oppor- for our leaders in Washington. opportunity to contribute to the political proc- tunities, thus leaving us all to ask what does f esses in their countries. that tell us about the future? Women, especially Black women around INTRODUCTION OF THE DEDI- Mr. Speaker, I have deep respect for the CATED DENTAL SERVICE FOR fortitude and commitment of the many women the world are seizing every chance they get to make a difference for themselves and soci- HIV/AIDS ACT OF 2006 leaders who are rising to the forefront as they ety. The barriers they have broken down are embark on the mission to bring about positive mind-boggling and are a lesson to all about HON. ELEANOR HOLMES NORTON changes in their countries. I enter this editorial rising to the occasion. OF THE DISTRICT OF COLUMBIA into the RECORD to reiterate the point that That’s not to suggest that the path has IN THE HOUSE OF REPRESENTATIVES women are emerging as leaders throughout been easy or that the future is entirely rosy. the world and this emergence signifies that it They must expect challenges at every step Thursday, April 27, 2006 is truly ‘‘Women’s Time Now.’’ but there is little doubt that they would be Ms. NORTON. Mr. Speaker, I am pleased able to complete the task successful. [From the NY Caribnews, April 4, 2006] today to introduce the Dedicated Dental Serv- f ‘‘WOMEN TIME NOW’’ ice for HIV/AIDS (DDS for HIV/AIDS) Act of ‘‘It’s woman time now, give her a chance.’’ GENERAL DEBATE OF H.R. 609 2006 to establish a loan repayment program Across Jamaica, indeed throughout the for dental school graduates in exchange for Caribbean and in the West Indian Diaspora their agreement to remedy a critical shortage in North America and Europe, both men and HON. BETTY McCOLLUM OF MINNESOTA of dentists for the poor, particularly in areas women are chanting that sentiment. with a high incidence of HIV and AIDS, by Although the words are meant for Portia IN THE HOUSE OF REPRESENTATIVES agreeing to serve such patients. This bill is Simpson-Miller, who in a few days time will Thursday, April 27, 2006 make history in her country by becoming similar to legislation Congress has enacted in Jamaica’s first woman Prime Minister, they Ms. MCCOLLUM of Minnesota. Mr. Speak- the past to encourage other health profes- are also being directed at Liberia’s new er, with great disappointment, I rise to voice sionals, such as physicians, nurses, optom- President, Ellen Johnson-Sirleaf, the first my opposition to H.R. 609, a bill to reauthorize etrists and pharmacists to provide vital serv- elected female leader in Africa’s history, and the Higher Education Act. ices in underserved areas. the newly installed President of Chile, Latin College affordability is the major issue for Howard University professors of dentistry in- America’s first woman head of state and gov- this generation of students and their families. form us that the first indicators of HIV/AIDS in- ernment. Like others in different parts of world, A higher education is increasingly out of reach fection are often oral health problems. Oral Simpson Miller and Johnson Sirleaf, for in- for too many in America and for those who do health problems often not only constitute an stance, have come to office with national eu- attend, the average student debt amount con- important early signal of HIV/AIDS symptoms; phoria serving as the wind beneath their tinues to grow. Many of us know how difficult they also serve as benchmarks for disease wings. It’s up to them to lead their respec- it can be to finance a college education and progression. One of the most serious prob- tive countries into a new and prosperous di- we also know that this education is a key to lems with the spread of HIV/AIDS is the reluc- rection. a successful economic future. tance of people to be tested for such a dis- Simpson-Miller, perhaps the most popular The Higher Education Act is one of the most politician in Jamaica is not the first woman ease, especially in the African American com- to head a Caribbean government. Eugenia important laws governing our Nation’s edu- munity and other big city and rural areas. Ac- Charles, the Prime Minister of Dominica in cation system because its intent is to create cess to dental care, I therefore, is critically im- the 1980s and Janet Jagan, Guyana’s Presi- and improve access to college for millions of portant from the earliest onset, especially in dent in the 1990s, are but two who come students each year. Discussion of this law high impact areas. Access, of course, mini- quickly to mind. In addition, Haiti, the should be focused on changes that will make mizes long term oral health complications for Netherlands Antilles and St. Marteen have college more affordable for all families and patients, but it also provides important link- all had women at the helm. that will increase our global competitiveness. ages to good overall medical care to combat Across the Caribbean, indeed, around the world women are taking charge, enacting Instead the Republican leadership has put for- the disease in the community. new laws, changing old bad habits, reshaping ward legislation that does nothing to increase A recent RAND health study on HIV costs broken countries and companies and bring- the affordability of college and at the same and services found that the vast majority of ing a new sense of order and inspiration that time allows for-profit education companies ac- patients received care at their local AIDS clin- augurs well for the future. cess to limited education dollars. ic, not a primary dentist. Moreover, these

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.071 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E653 disfavored patients must look for service within INTRODUCTION OF H.R. 5216, THE million for the Archivist of the United States to the context of a nationwide drop in dental PRESERVATION OF RECORDS OF preserve, maintain and electronically catalog. school applicants and graduates, and a pro- SERVITUDE, EMANCIPATION, Second, this legislation would also authorize jected 60 percent loss of active dentists due to AND POST–CIVIL WAR RECON- $5 million in grants to be distributed to States, retirement. As a result, the average American, STRUCTION ACT academic institutions, and genealogical asso- ciations to preserve and establish databases especially those with HIV/AIDS, will or already of the important local records of servitude, are having difficulty in obtaining dental care. HON. TOM LANTOS OF CALIFORNIA emancipation, and post-Civil War reconstruc- For HIV/AIDS patients the crisis is palpable. IN THE HOUSE OF REPRESENTATIVES tion currently housed throughout the country. They have even more difficulty than other These grants will ensure that families doing Thursday, April 27, 2006 Americans finding dentists who will accept research in my home State of California or Medicaid or treat patients at reduced cost. Mr. LANTOS. Mr. Speaker, I am delighted anywhere in the country will have access to to introduce H.R. 5216, the Preservation of Some dentists are reluctant to provide care. these treasure troves of genealogical informa- Records of Servitude, Emancipation, and Although only one case of transmission be- tion. Post-Civil War Reconstruction Act. This impor- Mr. Speaker, I am delighted to be joined by tween dentist and patient has been docu- tant legislation will build upon the success of over forty of our colleagues from both sides of mented, problems of access are acute. Many the Freedmen’s Bureau Records Preservation the aisle who are original cosponsors of my patients must travel long distances to find Act of 2000 (P.L. Number: 106–444), which legislation and particularly appreciate the sup- care. Many states do not include dental care passed both the House and the Senate unani- port of my good friends and colleagues, TOM as part of their Medicaid coverage. Patients mously in 2000 and was signed into law in DAVIS, and ELIJAH CUMMINGS, whose assist- often must search for providers such as November 2000. The law required the Archi- ance in drafting this bill has been monumental. schools of dentistry or local community clinics vist of the United States to create a search- I would urge the rest of our colleagues to sup- which receive some funds from the Dental Re- able indexing system to catalogue the geologi- port this legislation and hope that we will be imbursement Program (DRP), administered cal records from the post-Civil War Recon- voting on this bill soon. struction period. through the Ryan White CARE Act. I would also like to call attention to the fol- Based on the immense success of the lowing websites, which will provide genea- My bill would create a loan forgiveness pro- Freedmen’s Bureau Records Preservation Act, logical researchers, as well as people inter- gram for dental school graduates who agree I have joined with my colleagues to introduce ested in the history of African-Americans, a to serve HIV/AIDS populations in areas where follow-up legislation to ensure that those true bounty of useful and meaningful informa- there is a high incidence of such cases, as de- Americans who want to trace their family’s his- tion. fined by the Department of Health and Human tory in our country are not prevented from National Archives Genealogy Website Services. This program is drawn from the doing so because access to records is difficult. (http://www.archives.gov/genealogy/) nurse loan forgiveness program passed by Mr. Speaker, as you are aware, for most NATIONAL PARK SERVICE AFRICAN AMERICAN Congress in 1998. The crisis for the dental Americans, researching their genealogical his- DOCUMENTARY RESOURCES * profession, especially in the distribution of tory involves searching through municipal African American Civil War Memorial, DC dentists in underserved areas, is even greater birth, death, and marriage records—almost all (http://www.nps.gov/afam/index.htm) of which have been properly archived as pub- Booker T Washington National Monument, than for physicians. Dental school graduates VA (http://www.nps.gov/bowa/index.htm) incur an average loan debt of $100,000. lic historical documents. However, African Boston African American National His- Under the guidelines of the program, the sec- Americans in the United States face a unique toric Site, MA (http://www.nps.gov/boaf/ retary of the Department of Health and Human challenge when conducting genealogical re- index.htm) Services is authorized to pay 60 percent of the search due to our Nation’s history of slavery Brown v Board of Education National His- and discrimination. Instead of looking up wills, toric Site, KS (http://www.nps.gov/brvb/ principal and interest on the loans in exchange index.htm) for service for a period of no less than two land deeds, birth and death certificates, and other traditional genealogical research docu- Cane River Creole National Historical years. If a dentist agrees to participate in a Park, LA (http://www.nps.gov/cari/index.htm) ments, African-Americans must often try to third year of service, another 25 percent of the Central High School National Historic identify the name of former slave owners, hop- principal and interest on his loans will be paid. Site, AR (http://www.nps.gov/chsc/index.htm) ing that the owners kept records of pertinent Loan forgiveness programs bring important Dayton Aviation Heritage National Histor- information, such as births and deaths. ical Park (Paul Laurence Dunbar State Me- added value because many recipients remain To compound this difficulty, African-Amer- morial), OH (http://www.nps.gov/daav/ in practice in the area to which they are as- ican genealogists find that most current index.htm) signed. The secretary of HHS is to submit to records of servitude, emancipation, and post- Frederick Douglass National Historic Site, the Congress a report on the program, with in- DC (http://www.nps.gov/frdo/index.htm) Civil War reconstruction are frequently inac- George Washington Carver National Monu- formation including the number of dentists en- cessible, poorly catalogued, and inadequately rolled, the number and amount of loan repay- ment, MO (http://www.nps.gov/gwca/ preserved from decay. While some States and index.htm) ments, the placement location of loan repay- localities have undertaken efforts to collect Maggie L Walker National Historic Site, ment recipients, and the evaluation of the these documents with varying degrees of suc- VA (http://www.nps.gov/malw//index.htm) overall costs and benefits of the program. cess, there has not been any national effort to Martin Luther King Jr National Historic With more than one million Americans with preserve these pieces of public and personal Site, GA (http://www.nps.gov/malu/ history to make them readily and easily acces- index.htm) HIV/AIDS, and over 16,000 in the District of Mary McLeod Bethune Council House Na- Columbia, and its impact among people of sible to all Americans. tional Historic Site, DC (http://www.nps.gov/ color, these health providers need greater at- Mr. Speaker, the Freedmen’s Bureau mamc/index.htm) tention. We are proud of the overworked and Records Preservation Act was an important Natchez National Historical Park, MS first step towards ensuring that many of these (http://www.nps.gov/natc/index.htm) underfunded services that are available in the valuable and important records are appro- New Orleans Jazz National Historical District of Columbia. The Howard School of priately maintained. Without this Act, we run Park, LA (http://www.nps.gov/jazz/index.htm) Dentistry has a long history of providing dental the risk today of losing other critically impor- Nicodemus National Historic Site, KS services to the poor here, and the HU CARES (http://www.nps.gov/nico/index.htm) tant historic documents. Selma to Montgomery National Historic program, provides care for nearly 1,200 pa- The Preservation of Records of Servitude, Trail, AL (http://www.nps.gov/semo/ tients a year. The vital Whitman Walker Clinic, Emancipation, and Post-Civil War Reconstruc- index.htm) the largest provider of comprehensive HIV/ tion Act, tackles this problem in two ways. Tuskegee Airmen National Historic Site, AIDS services in the District and the region First, it would ensure that existing records of AL (http://www.nps.gov/tuai/index.htm) Tuskegee Institute National Historic Site, serves over 1,500 dental patients a year. servitude, emancipation, and post-Civil War reconstruction housed within the federal gov- AL (http://www.nps.gov/tuin/index.htm) * Parks have primary source documents, I urge my colleagues to join with me in es- ernment that include the Southern Claims tablishing this dental loan repayment program museum artifacts, historic structures, land- Commission Records, Records of the Freed- scapes and related resources. Both primary that will meet an immediate and pressing need men’s Bank, Slave Impressments Records, and secondary sources at these sites contain in communities across the country, as we Slave Payroll Records, and Slave Manifests lists of persons, families, institutions and or- have for other professions. would be properly preserved by authorizing $5 ganizations significant in African American

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\A27AP8.074 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E654 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 history. They are a gold mine of research for Faces of Whaling Oral History Project well as the critical role African American African American families. (http://www.nps.gov/nebe/research/faces.pdf) soldiers played in the Civil War and how DATABASES IN AFRICAN AMERICAN HISTORY LESSON PLANS IN AFRICAN AMERICAN HISTORY * their fighting changed general public percep- 1. Civil War Soldiers & Sailors System* Teaching with historic places tion of their abilities. Two American Entrepreneurs: Madam C.J. (http://www.civilwar.nps.gov/cwss/) United An American Success Story: The Pope States Colored Troops, African American Walker and J.C. Penney (http:// House of Raleigh, NC (http://www.cr.nps.gov/ www.cr.nps.gov/nr/twhp/wwwlps/lessons/ Sailors in the Union Navy nr/twhp/wwwlps/lessons/124popehouse/) Meet * This database has the names of the nearly walker/walker.htm) Examine the historic Dr. Manassa T. Pope, an African-American places associated with two of America’s most 180,000 African American soldiers in the doctor and entrepreneur in the early 20th Union Army, USCT. It also has the names famous 20th century businesspeople. century, and learn about his efforts to gain The Vieux Carre´: A Creole Neighborhood in and places of origin (throughout the world) civil rights well before the modern Civil of African American sailors in the Union New Orleans (http://www.cr.nps.gov/nr/twhp/ Rights Movement. wwwlps/lessons/20vieux/20vieux.htm) Exam- Navy. Brown v. Board: Five Communities that 2. National Register Information System ine New Orleans’s distinctive French Quar- Changed America (http://www.cr.nps.gov/nr/ ter, a vibrant reflection of its Creole herit- (National Register of Historic Places) (http:// twhp/wwwlps/lessons/121brown/index.htm) www.cr.nps.gov/nr/*) age, and recall the city’s role in American Learn about the landmark U.S. Supreme westward expansion. * The National Register of Historic Places Court case that declared segregation in pub- has a listing of over 1000 places that are sig- When Rice Was King (http:// lic schools unconstitutional. www.cr.nps.gov/nr/twhp/wwwlps/lessons/3rice/ nificant in African American history, in Chicago’s Black Metropolis: Understanding communities all over the United States. An 3rice.htm) Investigate early rice plantations History through a Historic Place (http:// in Georgetown, South Carolina, to learn how outdated publication describes some 800 of www.cr.nps.gov/nr/twhp/wwwlps/lessons/ these, but the database itself, with some en- rice cultivation transformed the native envi- 53black/53black.htm) Examine the history of ronment and promoted the South’s depend- hancements, would provide significant infor- this ‘‘city-within-a-city,’’ a self-supporting mation on local communities and families. ence on a plantation economy. Recent revi- African-American community that prospered sion to this lesson includes the examination STUDIES IN AFRICAN AMERICAN HISTORY from the late 19th century until the 1930s. of the origins of rice production and the cul- From Canterbury to Little Rock: The African-American History of War of 1812 tural genesis of students’ communities. Struggle for Educational Equality for Afri- Sites (pdf) (http://crm.cr.nps.gov/archive/20-2/ * Teaching with Historic Places is a pro- can Americans (http://www.cr.nps.gov/nr/ 20-2-12.pdf) gram of the National Register of Historic twhp/wwwlps/lessons/crandall/crandall.htm) A History Remembered: Why Were Buffalo Places. Individual Parks also have lesson Understand the magnitude of the struggle in- Soldiers in Yosemite? (http://www.nps.gov/ plans in African American history. yose/nature/articles/buffs.htm) volved in securing equal educational oppor- African American Archeology & History tunities for African Americans and examine TRAVEL ITINERARIES TO AFRICAN AMERICAN (http://www.cr.nps.gov/seac/af-am/ how Prudence Crandall challenged the pre- PLACES index4.htm) vailing attitude toward educating African We Shall Overcome: Historic Places of the African American Heritage in the Golden Americans in New England prior to the Civil Civil Rights Movement (http:// Crescent (http://www.cr.nps.gov/goldcres/cul- War. www.cr.nps.gov/nr/travel/civilrights/) tural/africahome.html) Glen Echo Park: Center for Education and Aboard the Underground Railroad (http:// African American History and Culture Recreation (http://www.cr.nps.gov/nr/twhp/ www.cr.nps.gov/nr/travel/underground/) (http://crm.cr.nps.gov/issue.cfm?volume=20& wwwlps/lessons/24glenecho/24glenecho.htm) Amistad: Seeking Freedom in Connecticut number=02) Trace the evolution of this Maryland site (http://www.cr.nps.gov/nr/travel/amistad/) African American Sailors in the Civil War from a chapter of the Chautauqua move- Asheville, North Carolina (http:// Union Navy (http://www.civilwar.nps.gov/ ment, to a racially segregated amusement www.cr.nps.gov/nr/travel/asheville/) cwss/sailors_index.html) park, to a national park. Atlanta, Georgia (http://www.cr.nps.gov/nr/ Africans and African Americans on James- Iron Hill School: An African-American One travel/atlanta/) town Island 1619–1803 (pdf) (http:// Room School (http://www.cr.nps.gov/nr/twhp/ Aviation: From Sand Dunes to Sonic www.cr.nps.gov/history/online_books/african/ wwwlps/lessons/58iron/58iron.htm) Discover Booms (http://www.cr.nps.gov/nr/travel/avia- african.pdf) how an early 20th-century philanthropist re- tion/) Chattel Slavery at Hampton/Northampton, formed Delaware’s education system for Af- Baltimore, MD (http://www.cr.nps.gov/nr/ Baltimore County (http://www.nps.gov/hamp/ rican-American children. travel/baltimore/) lancaster2.htm) The Liberty Bell: From Obscurity to Icon Historic Charleston’s Religious and Com- Clues to African American Life at Manas- (http://www.cr.nps.gov/nr/twhp/wwwlps/les- munity Buildings (http://www.cr.nps.gov/nr/ sas National Battlefield Park (http:// sons/36liberty/36liberty.htm) Analyze the in- travel/charleston/) www.nps.gov/mrc/exhibit/arch00.htm) fluences that shaped the symbolic meaning James River Plantations (http:// Connections: African-American History of the bell, including why some civil rights www.cr.nps.gov/nr/travel/jamesriver/) and CRM (http://crm.cr.nps.gov/ protestors chose the Liberty Bell as their Lexington, Kentucky (http:// issue.cfm?volume=19 & number=02) symbol for African American equality. www.cr.nps.gov/nr/travel/lexington/) Encountering the Cultural Diversity of the Memories of Montpelier: Home of James Southeastern Louisiana (http:// Lower Mississippi Delta Region (http:// and Dolley Madison (http://www.cr.nps.gov/ www.cr.nps.gov/nr/travel/louisiana/) www.cr.nps.gov/delta/concept05.htm) nr/twhp/wwwlps/lessons/46montpelier/ Puerto Rico and the U.S. Virgin Islands Frankly, Scarlett, We Do Give a Damn: 46montpelier.htm) Visit the Madisons’ plan- (http://www.cr.nps.gov/nr/travel/prvi/) The Making of a New National Park (pdf) tation home and their world of social promi- Raleigh, North Carolina (http:// (http://www.cr.nps.gov/history/categrs/ nence, and explore some contemporary views www.cr.nps.gov/nr/travel/raleigh/) gates.pdf) of slavery. Virginia Main Street Communities (http:// Fugitive Slave Traffic and the Maritime New Kent School and the George W. Wat- www.cr.nps.gov/nr/travel/VAmainstreet/) World of New Bedford (pdf) (http:// kins School: From Freedom of Choice to In- World War II in the San Francisco Bay www.nps.gov/nebe/research/grover.pdf) tegration (http://www.cr.nps.gov/nr/twhp/ Area (http://www.cr.nps.gov/nr/travel/ In Those Days: African American Life Near wwwlps/lessons/104newkent/104newkent.htm) wwIIbayarea/) the Savannah River (http://www.cr.nps.gov/ Learn about the U.S. Supreme Court case Washington, DC (http://www.cr.nps.gov/nr/ seac/ITD/longversion/itd-lg1.htm) that forced the integration of public schools travel/wash/) Racial Desegregation in Public Education and meet the individuals who experienced f in the U.S. (http://www.cr.nps.gov/nhl/ segregation, fought to dismantle the institu- themes/Scanned%20Nominations/ tion, and integrated the public school system HONORING SAM MIRABELLA Desegregation/deseg-education.htm) of New Kent County, Virginia. Slavery and Resistance (http:// The Old Courthouse in St. Louis: Yester- crm.cr.nps.gov/issue.cfm?volume=21 & day and Today (http://www.cr.nps.gov/nr/ HON. JIM DAVIS number=04) twhp/wwwlps/lessons/9stlouis/9stlouis.htm) OF FLORIDA Speeches of Dr. Martin Luther King (http:// Compare two images of St. Louis’s handsome IN THE HOUSE OF REPRESENTATIVES www.nps.gov/malu/documents/resources.htm) Courthouse—as a gathering place for pio- The Black Experience in Natchez 1720–1880: neers heading west and as a dramatic focus Thursday, April 27, 2006 Special History Study (1993) (http:// for Dred Scott’s heroic efforts to free his www.cr.nps.gov/history/online_books/natc/ Mr. DAVIS of Florida. Mr. Speaker, I rise in family from slavery. honor of Sam Mirabella, who embodied the davis.pdf) The Siege of Port Hudson: ‘‘Forty Days ORAL HISTORIES IN THE AFRICAN AMERICAN and Nights in the Wilderness of Death’’ boundless spirit of his native Tampa, Florida COMMUNITY (http://www.cr.nps.gov/nr/twhp/wwwlps/les- and was devoted to serving his community. Oral Histories Capturing Forgotten Mo- sons/71hudson/71hudson.htm) Understand the During his 12 years as a Tampa City Coun- ments in Civil Rights History (http:// importance of the Mississippi River to both cilman, Sam played an important role in im- crm.cr.nps.gov/archive/19-2/19-2-5.pdf) the North and South during the Civil War, as proving our city and helped usher Tampa’s

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\K27AP8.005 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E655 government operations into modem times. And Louis defended his title 25 times in 5 years, Recently, the Princeton Review honored as a charter member of The Tampa Sports knocking out 25 of his opponents. He entered CSUSB in its ‘‘Best in the West’’ rankings and Authority, Sam was instrumental in bringing the Army in 1942 and was used basically as U.S. News & World Report named the univer- Tampa’s first stadium to life and putting a good-will ambassador. He appeared in a sity among the best places to earn a master’s Tampa on the map for America’s sports fans movie, The Negro Soldier, in an attempt to degree in the West. Such acknowledgement and teams. boost morale among black fighting men. and respect is well-deserved and speaks vol- However, the people Sam served didn’t After World War II ended, he defended his umes about the university’s national presence. have to go to City Council meetings to bend championship five more times. Louis an- CSUSB is an asset to California and contrib- Sam’s ear. Sam, with his trademark cigar and nounced his retirement in 1949 but his obliga- utes significantly to the quality education sys- colorful sense of humor, was always available tion to pay more than $1 million in back taxes tem in our state. at Mirabella’s Seafood Co., which he co- forced him back into the ring. His last fight re- Cal State San Bernardino represents the owned. Even in his retirement, Sam was a fix- sulted in a knock-out by champion Rocky best of America’s higher education system. I ture in South Tampa, riding his bike through Marciano in the 8th round on October 26, congratulate the university on its 40th anniver- the neighborhoods on a daily basis and stop- 1951. sary and look forward to recognizing its won- ping to talk to just about anyone who crossed Louis won 67 professional bouts, 53 of them derful contributions to California in the future. his path. by knock-out, and lost 3 bouts, 2 by knockout. Sam served his country in World War II and In 1969 ill health overtook him and after col- f was always giving back to his hometown lapsing on the street in New York City he was through a host of community and charitable hospitalized in a psychiatric hospital. Upon his IN HONOR OF HOLOCAUST organizations. A die-hard Gator fan, Sam was release, he became a greeter at a Las Vegas REMEMBRANCE DAY also eager to support his alma maters, the casino. After attending a Larry Holmes/Trevor University of Florida and H.B. Plant High Berbick boxing match, Louis went into cardiac HON. ADAM B. SCHIFF School. arrest and died at age 67 on April 12, 1981. OF CALIFORNIA Sam’s passing is a tremendous loss for the Joe Louis had an exceptional and fas- IN THE HOUSE OF REPRESENTATIVES Tampa community. I would like to extend my cinating boxing career filled with many won- deepest sympathies to his family and many derful moments. He was a ground breaking Thursday, April 27, 2006 friends. world renowned athlete who broke racial bar- Mr. SCHIFF. Mr. Speaker, I rise today to f riers at a time when that was difficult to do. He commemorate the 63rd anniversary the War- reigned as the U.S. Heavyweight champion for saw Ghetto uprising. Today is Holocaust Re- JOE LOUIS . . . REMEMBERING a record 12 years and most of all he opened THE LEGEND membrance Day, or in Hebrew, Yom doors for such future legends as Muhammad HaShoah—Day of the Destruction. The ‘‘de- Ali, Jackie Robinson and Sugar Ray Robin- struction’’ is an apt description of the horrific HON. CHARLES B. RANGEL son. crime that resulted in the deaths of six million OF NEW YORK Even though 25 years have gone by since Jews and destroyed families and communities IN THE HOUSE OF REPRESENTATIVES Joe Louis passed away, History will always across Europe. continue to portray him as one of the best Thursday, April 27, 2006 In remembering the unspeakable horror of prize fighters of all time. the Holocaust, we must recommit ourselves to Mr. RANGEL. Mr. Speaker, as the 25th an- f niversary of the death of boxer Joe Louis ap- ensuring that this tragedy never happens proaches on April 12, 2006, I feel it quite ap- IN RECOGNITION OF CALIFORNIA again and to fighting the precursors that led to propriate to reminisce about the outstanding STATE UNIVERSITY, SAN this mass genocide—the bigotry of anti-Semi- career accomplishments and contributions he BERNARDINO tism, the discriminatory Nurenberg Laws, and made to society during his lifetime. the blind eye that the world turned for far too Joe Louis Barrow, son of an Alabama HON. JOE BACA long. We honor the memory of those that suf- fered, and we pray for a world free from such Sharecropper was 10 years old when he OF CALIFORNIA hatred and despair. moved to Detroit, Michigan with his mother IN THE HOUSE OF REPRESENTATIVES and stepfather in 1924. He developed his phy- The Jewish people have a long history of sique by delivering 50-pound blocks of ice as Thursday, April 27, 2006 persecution and redemption. This month, the a teenager. At 18, he learned that a boxing Mr. BACA. Mr. Speaker, I rise today to con- Jewish people celebrated Passover—a com- club paid fighters in food, so he fought to win gratulate California State University, San memoration of the Exodus when the Jews re- $7 worth of food in a match where he was Bernardino on its 40th anniversary and recog- ceived their freedom and were redeemed after knocked down seven times in two rounds. He nize the extraordinary contributions the univer- 400 years of enslavement. This cycle of per- vowed never to fight again. sity has made to California’s 43rd district and secution and redemption has continued over A short time later a professional fighter, Hol- to the United States of America. the thousands of years since then, and in the man Williams, gave him some lessons and As a result of President Karnig’s excellent years following the Holocaust, the Jewish peo- persuaded him to enter the Golden Gloves leadership, CSUSB ranks among the fastest ple were redeemed through the founding of competition. In 1933, his then manager, John growing universities in the California State the State of Israel. Roxborough, shortened his name to simply University system, and educates over 16,400 The nation was founded on principles of de- Joe Louis. He went on to win 50 of 54 ama- students per year. Since 1967, over 55,000 mocracy and freedom, and has maintained teur fights, 41 by knockout, and was AAU na- students have graduated from the university. these ideals in the face of the ongoing ter- tional light heavyweight champion in 1934 Comprised of five academic colleges staffed rorism that continues to plague its people. when he was 19 years old. with exceptional faculty, CSUSB offers over However, despite these attacks on its people, Known as the ‘‘Brown Bomber’’ Louis turned seventy degrees and certificates to students. this Jewish State continues to serve as haven professional in 1935. He won his first eight Several graduate and undergraduate pro- for persecuted Jews and since World War II, fights, but finally lost to Max Schmelling, a grams have been nationally accredited, includ- has taken in entire communities from the German who was a key part of Hitler’s ‘‘Aryan ing the M.B.A. program, computer science, ge- former Soviet Union, South Africa, Ethiopia, Superiority’’. Joe Louis was granted a much ographic information and decision sciences, Argentina, and throughout the world. sought after rematch with Schmelling on June psychology, business, health, public adminis- Immediately following the liberation of the 27, 1938. The fight resulted in a first round tration, and accounting and finance, among concentration camps, we pledged to our- knock-out of Schmelling, two minutes and four numerous others. selves, never again. Never again will the world seconds into the round. This feat dealt a dev- I am proud to recognize Cal State San stand idly by while individuals are being astating blow to Hitler’s Nazi Germany. Bernardino as one of California’s most diverse slaughtered solely for their race, religion or Louis was very popular among whites as universities. Diversity is so prevalent at ethnicity. But in the years since then, we have well as blacks. This fondness was attributed to CSUSB that on campus, there is no majority seen atrocities committed in Bosnia, Rwanda his very quiet and modest demeanor. His pop- ethnic group. The university offers strong edu- and Kosovo and a genocide is still ongoing in ularity peaked after he knocked out Max cational opportunities for minority students and Darfur. Today, I rise on this solemn day to re- Schmelling, as Schmelling was viewed by has been nationally recognized for its contribu- member these brutal acts of genocide and re- many as a tool of Hitler’s Nazism. tions to the higher education of minorities. commit myself to this pledge, never again.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.076 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E656 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 INTELLIGENCE AUTHORIZATION innovative technologies that could protect civil- results because of an elevated obstructive ACT FOR FISCAL YEAR 2007 ians. If we are serious about dealing with this sleep apnea index. These children also had most pressing human rights catastrophe, then hypercarbia, hypoxemia, or any combina- SPEECH OF tion, with or without hypoventilation and an we must pressure the Bush Administration and elevated arousal index, according to the re- HON. BRAD SHERMAN the international community to do all that is searchers. needed to stop the genocide in Darfur. OF CALIFORNIA In this category, they said, hypercarbia I call for less political maneuvering, and and hypoxemia, in addition to an abnormal IN THE HOUSE OF REPRESENTATIVES more real action. obstructive apnea index, led to a statis- Wednesday, April 26, 2006 Over three years have passed. Out of an tically high obstructive apnea index com- pared with the index for children who did not The House in Committee of the Whole estimated pre-conflict population of 7 million in have these add-on’s (17.15, ±4.63 vs. 2.9±1.86, House on the State of the Union had under Darfur, somewhere between 300,000 and respectively; P=.02). consideration the bill (H.R. 5020) to authorize 400,000 innocent civilians have died. In group 2 (n=11), results were reported as appropriations for fiscal year 2007 for intel- What are we waiting for? For the Sudanese abnormal because of hypoventilation with ligence and intelligence-related activities of government and the Arab militias to finish hypercarbia and/or hypoxemia, with or with- the United States Government, the Commu- what they have started? out an elevated arousal index. The apnea ob- nity Management Account, and the Central I I support this bill, yet I urge my colleagues structive index was in the normal range. Intelligence Agency Retirement and Dis- However, results from other studies show an ability System, and for other purposes: to support an international peacekeeping mis- sion authorized to use force to protect civilians increased risk of hypertension and abnormal Mr. SHERMAN. Mr. Chairman, I joined yes- and disarm the Janjaweed—one with an ade- cardiac rates as well as sleep fragmentation terday with the distinguished Ranking Member quate mandate, and well-trained and equipped with prolonged hypercarbia, the researchers commented. of the Intelligence Committee, Congress- soldiers. woman JANE HARMAN, in voting against H.R. The third group (n= 24) included children f 5020, the Intelligence Authorization bill, to pro- with normal polysomnograms, but further inspection found that 13 of these children test the Bush Administration’s insistence on SLEEP APNEA TEST ADVISED had an arousal index greater than 10 (mean wiretapping Americans without adhering to the index 15.6). requirements of the Foreign Intelligence Sur- HON. EDOLPHUS TOWNS Commenting on the significance of the veillance Act and other statutory provisions on arousal response, Dr. Shott said that ordi- OF MASSACHUSETTS wiretapping. narily an arousal is a protective reflex that IN THE HOUSE OF REPRESENTATIVES f helps curtail the upper airway obstruction Thursday, April 27, 2006 and reestablish a patent airway. DARFUR PEACE AND However, there is concern that an exces- Mr. TOWNS. Mr. Speaker, based on my ACCOUNTABILITY ACT OF 2006 sive number of arousals may lead to frag- concern regarding the severe impact of ob- mented sleep and sleep deprivation. The in- SPEECH OF structive sleep apnea on young children and creased arousal rate in Down’s children may the need for baseline testing between ages affect daytime function, ability to learn, and HON. JERROLD NADLER three and four, I want to call my colleagues at- resultant behavior, often misattributed to a OF NEW YORK tention to an April 18, 2006 article in MedPage child’s limited intellectual abilities, she said. IN THE HOUSE OF REPRESENTATIVES Today ‘‘Sleep Apnea Test Advised for Down’s Children’’ and ask that it be printed in the The parental questionnaire cast doubt on Wednesday, April 5, 2006 the parents’ ability to assess their child’s CONGRESSIONAL RECORD. sleep problems. In general, these parents un- Mr. NADLER. Mr. Speaker, I rise today in (By Judith Groch) derestimate the severity of their child’s support of this important legislation, H.R. SLEEP APNEA TESTS ADVISED FOR DOWN’S sleep disturbances, Dr. Shott said. Thirty- 3127, strengthening sanctions on individuals CHILDREN five parents completed a questionnaire at and governments seen as responsible for the CINCINNATI, April 18—Because of high rates the study’s outset asking whether their child atrocities in the Darfur region of Sudan, and of obstructive sleep apnea in young children snored, stopped breathing while sleeping, and authorizing additional funds for peacekeeping with Down’s syndrome, researchers here if there were snorts and gasps for air during and humanitarian efforts in the region. have recommend baseline testing between sleep. After more than 3 years of conflict, between ages three and four. Overall, 11 (31%) parents reported that their child had sleep problems, but these par- 300,000 and 400,000 innocent and impover- Overnight polysomnograms performed on 56 children, ages 3.5 to four, found that 57% ents were correct about a sleep abnormality ished civilians have died from government- in only four cases. The other seven children, sponsored violence, disease and starvation of the children had abnormal results and evi- dence of obstructive sleep apnea syndrome, believed by parents to have abnormalities, because of war, and more than 2 million peo- according to a study in the April issue of the had normal polysomnograms. Of the 24 par- ple have fled their homes to internal camps Archives of Otolaryngology-Head and Neck ents who reported no sleep problems, 13 chil- and neighboring Chad. Surgery. dren (54%) had abnormal tests, the research- Despite international condemnation of the When the researchers included an elevated ers reported. Sudanese government, genocide and ethnic arousal index, which is associated with in- In a further analysis, for children in Groups 1 and 2 with major sleep disorders, 13 cleansing continue unabated. creased difficulty breathing, the abnormal percentage rose to 80%, said Sally Shott, parents (77%) said their child had no sleep What is keeping the United States and the problems, and in group 3, in which the chil- international community from intervening M.D., of the University of Cincinnati here, and colleagues. dren were normal, seven (39%) said their meaningfully to stop this humanitarian crisis? Because of a lack of expertise in evalu- child had sleep problems. What is keeping President Bush from acting ating sleep disturbances, the parents are ‘‘Our results point to the need for objective with moral clarity and compassion? often oblivious to the problem. Sixty-nine testing for obstructive sleep disorders in While this Congress continues to slowly leg- percent of parents who filled out a question- children as young as three or four years,’’ islate on the Darfur genocide, the threat of naire about their child’s sleep patterns re- Dr. Shott said. Because there is a high inci- dence of sleep disorders in Down’s syndrome sanctions has done little to end the atrocities. ported no problems, whereas 54% of the chil- dren had abnormal polysomnograms, Dr. children, ‘‘baseline studies, using full over- This dire crisis requires a much more robust night polysomnograms, are recommended response. Shott said. Parents and children came from a tertiary-care pediatric referral center. even if parents report no sleep problems in Our commitment to end the Darfur genocide The polysomnograms were classified as ab- their child,’’ she said. must be judged by only one test: What are we normal if the obstructive apnea index was f doing that serves to end the killings and the greater than 1, if the carbon dioxide level suffering? was greater than 45 mm Hg for more than TRIBUTE TO PETER LUTHER The aim should be to end the genocide, dis- two-thirds of the study or greater than 50 arm the Arab militias, guarantee humanitarian mm Hg for more than 10% of the study. Also HON. MICHAEL M. HONDA assistance, protect civilians, secure the ref- included was unexpected hypoxemia (oxygen saturation less than 92% during sleep or re- OF CALIFORNIA ugee camps, and provide safety to families re- peated intermittent desaturations less than IN THE HOUSE OF REPRESENTATIVES turning to their villages. 90%), the researchers said. Thursday, April 27, 2006 Military experts have estimated that these For purpose of analysis, the results were tasks will require 40,000 to 50,000 well-trained categorized in three groups, the researchers Mr. HONDA. Mr. Speaker, I rise today to and equipped troops. We also have new and said. Group 1 (n=21) consisted of abnormal recognize and pay tribute to Peter Luther, one

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.081 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E657 of the 15th district’s most distinguished com- served communities about the environmental layed reporting of public health risks for the munity and business leaders. Peter has dedi- issues that affect their daily lives. supposed benefit of international trade. When cated the last six years of his life to creating Responding to resident requests for commu- a country is reluctant to publicize early cases a world without limits for people with diabetes nity-generated graphics and maps of the wa- of disease for fear of such an announcement’s both in California and all over the world. tershed, the ER/AK Watershed Association economic effects, that disease is allowed to Peter joined LifeScan Inc., a Johnson & worked closely with New Jersey’s Rutgers spread. In order to maintain a system of global Johnson company headquartered in Milpitas, University Center of Remote Sensing and public health preparedness, we should en- CA, in 2000 to oversee U.S. sales and mar- Spatial Analysis and the prestigious inter- shrine fundamental public health preparedness keting. Peter’s responsibilities soon expanded national Green Map organization to create a principles in the international trading system, to global sales and marketing, eventually lead- dynamic Green Map that will document the including the World Trade Organization, WTO. ing to his current position as president of natural and cultural resources of our Water- Unfortunately, press reports have indicated LifeScan. Peter’s commitment to people with shed community. It is important to share with that Indonesian officials covered up and then diabetes and their families has positioned you that two other watershed universities, New neglected the spreading bird flu in Indonesia LifeScan as the leading global diabetes man- Jersey Institute of Technology and Kean Uni- for 2 years until it began to infect humans. Ac- agement company that partners with patients versity, have generously provided formative cording to an Indonesian microbiologist, the and healthcare professionals around the world and foundational resources to the ongoing de- Indonesian government could have eradicated to offer innovation that improves the quality of velopment of the ER/AK Watershed Associa- its emerging avian flu outbreak if it had acted life. Over 21 million people in the U.S. alone tion. sooner. Moreover, Indonesia’s national direc- have diabetes, and tens of millions more are I salute the ER/AK Watershed Association tor of animal health admitted that Indonesian at risk to develop this chronic condition in the and its partners as they utilize their Green government officials did not set aside money near future. Peter has worked tirelessly to pro- Map to enhance the quality of life in and to vaccinate poultry against the disease this vide the most advanced, accurate, and clini- around the watershed for its natural and year, despite assurances that such vaccination cally-based quality diabetes management human residents. I am proud to have this or- would be a principal component of the govern- products and services available today. ganization in my district and I wish them con- ment’s avian flu containment plan. Vietnam Peter’s professional accomplishments have tinued success in their future endeavors. and China also reportedly failed to take steps consistently reflected the Johnson & Johnson f that could have contained the virus in Asia. credo that guides all company employees to As noted by the Indonesian microbiologist put patients first. Peter recently developed an ON THE INTRODUCTION OF THE who first identified the flu virus in the country’s industry-patient advocacy partnership called GLOBAL TRADE REQUIRES UN- bird population, failure of the Indonesian gov- the Diabetes Care Coalition that created the MITIGATED TRUTH IN HEALTH ernment to take prompt action to stamp out ‘‘Know Your A1C’’ campaign. The media cam- (TRUTH) ACT avian flu inside the country’s borders has paign carries the message of awareness deadly consequences far beyond them. Two about sound diabetes management and tight HON. EDWARD J. MARKEY years ago when it was revealed that Chinese glycemic control to people with diabetes OF MASSACHUSETTS officials had covered up the existence of through public media outlets. The American IN THE HOUSE OF REPRESENTATIVES SARS inside their country, I urged President Bush to link international trade benefits to Diabetes Association named Peter ‘‘Father of Thursday, April 27, 2006 the Year 2004’’ and inducted him into their international cooperation on public health honorary Pinnacle Society. Mr. MARKEY. Mr. Speaker, in November issues that transcend national boundaries. However, of all the professional accolades 2005, President Bush announced a ‘‘National China eventually responded to international Peter has received during his impressive ca- Strategy for Pandemic Influenza’’, which con- pressure by permitting World Health Organiza- reer, I believe he is most proud of his devotion tained plans ‘‘to prepare our nation, and our tion, WHO, officials to investigate in the af- to his family as a committed husband and fa- world to fight this potentially devastating out- fected provinces, but, according to then-Health ther. While Peter’s wife Dina and their three break of infectious disease.’’ Clearly, our gov- land Human Services Secretary Tommy children remain his nonnegotiable priority, he ernment must develop and implement thor- Thompson, ‘‘If Chinese authorities had re- has been able to surpass business goals and ough plans to detect, respond to and recover ported cases in the beginning of the epidemic, at the same time strike a workfamily balance from an avian flu pandemic in the event that the impact of SARS on the international health with humility, grace, and strength. an outbreak occurs in the United States. How- and economy would likely have been substan- Mr. Speaker, I wish Peter well in his per- ever, our country cannot effectively combat tially more limited.’’ sonal and professional endeavors as he de- avian flu unilaterally. That is why today I am The avian flu outbreak spreading through parts LifeScan and California for a major cor- introducing the Global Trade Requires Unmiti- Asia and Europe presents serious public porate promotion that will relocate him and his gated Truth in Health, TRUTH, Act, a bill that health challenges for our government and na- family to New Jersey, and I thank him for his seeks to address global health risks in an era tions around the world. Prevention and con- exceptional service to our community. of unprecedented international commerce that tainment of infectious diseases are only pos- f has created enormous opportunities while also sible if governments report outbreaks imme- speeding the spread of communicable dis- diately, permit medical researchers to inves- TRIBUTE TO THE ELIZABETH eases. tigate cases, and take protective measures RIVER/ARTHUR KILL WATER- As global trade increases the number of such as vaccinations and quarantines, where SHED ASSOCIATION products crossing international borders at fast- appropriate. er rates, we also see an increase in harmful In order to both achieve vital public health HON. DONALD M. PAYNE and dangerous diseases flying across our bor- goals and continue the spread of international OF NEW JERSEY ders. With mounting concerns surrounding trade, the Global TRUTH Act directs the U.S. IN THE HOUSE OF REPRESENTATIVES avian flu and recent experience with Severe Trade Representative to submit a proposal to Acute Respiratory Syndrome, SARS, govern- the World Trade Organization, WTO, that Thursday, April 27, 2006 ments have not only the right but the responsi- states that the WTO take into account whether Mr. PAYNE. Mr. Speaker, I am proud today bility to protect their countries from the threat countries are undermining the international to recognize a valued institution within my of disease. trading system through a failure to comply with Congressional district. For the past 8 years, Because avian flu cases have been con- the WHO’s International Health Regulations. the Elizabeth River/Arthur Kill (ER/AK) Water- firmed in Asia, Europe and the Middle East The Global TRUTH Act directs the U.S. Trade shed Association has been dedicated to the and the ease of international travel increases Representative to propose that the WTO education and empowerment of its diverse, the chances that avian flu could emerge in our should enforce strong public health consider- multilingual residents by proactively address- country, our health officials need the latest ep- ations by imposing sanctions or other punitive ing clean water issues. Through services such idemiological data as soon as cases are con- measures on members who are found to vio- as water-quality testing, research and advo- firmed abroad. The Global TRUTH Act will en- late the International Health Regulations as cacy, the ER/AK Watershed Association, sure that all countries that participate in global well as requiring all member countries to abide which is certified through the New Jersey De- trade are also good citizens when it comes to by rules of other international organizations partment of Environmental Protection, stands protecting the global public health. with regard to public health. By requiring coun- apart from many environmental organizations The SARS outbreak in Asia in 2002 and tries to follow the regulations of the WHO in because of its emphasis on educating under- 2003 highlighted the inherent dangers in de- order to be a member of the WTO, we will link

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.085 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E658 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 the related goals of improved global public Rollcall No. 83, H. Res. 703—Recognizing SUPPORTING THE GOALS AND health and increased global trade. the 20th anniversary of the Chernobyl nuclear IDEALS OF FINANCIAL LITERACY The Global TRUTH Act also requires the disaster and supporting continued efforts to MONTH Department of Health and Human Services to control radiation and mitigate the adverse prepare an animal ‘‘Global Public Health As- health consequences related to the Chernobyl SPEECH OF sessment’’, modeled on the State Depart- nuclear power plant—I would have voted ´ ment’s country-by-country human rights re- ‘‘yes.’’ HON. RUBEN HINOJOSA ports. The purpose of the assessment is to re- OF Rollcall No. 84, H. Res. 744—Expressing port to Congress on the status of compliance IN THE HOUSE OF REPRESENTATIVES with and observance of the International support for the Good Friday Agreement of Health Regulations in each country that is a 1998 as the blueprint for lasting peace in Wednesday, April 15, 2006 member of the World Health Organization. Northern Ireland and support for continued po- Mr. HINOJOSA. Mr. Speaker, personal fi- The Global TRUTH Act is an important tool lice reform in Northern Ireland as a critical ele- nancial literacy is essential to ensure that indi- in the improvement of global public health ment in the peace process—I would have viduals are prepared to manage money, credit, standards and the ever- growing international voted ‘‘yes.’’ and debt, and become responsible workers, marketplace. Louis Pasteur famously said, heads of households, investors, entre- ‘‘Chance favors the prepared mind.’’ Early de- f preneurs, business leaders, and citizens. Fi- tection is critical to the success of our Nation’s nancial literacy has been linked to lower delin- avian flu preparedness plans. By working si- INTRODUCTION OF MATTHEW quency rates for mortgage borrowers, higher multaneously to decrease global public health LYON POST OFFICE NAMING BILL participation and contribution rates in retire- risks and remove a potential roadblock from ment plans, improved spending and saving international trade, the Act will ensure that habits, higher net worth, and positive knowl- international trade decisions are not made at HON. BERNARD SANDERS edge, attitude, and behavior changes. Expand- the expense of public health, thus allowing for OF VERMONT ing access to the mainstream financial system safer trade and a safer, healthier global com- provides individuals with lower-cost and safer munity. IN THE HOUSE OF REPRESENTATIVES options for managing finances and building f Thursday, April 27, 2006 wealth and is likely to lead to increased eco- INTRODUCTION OF INDEPENDENT nomic activity and growth. COMMISSION TO INVESTIGATE Mr. SANDERS. Mr. Speaker, I am intro- A March 2005 GAG report entitled Credit NSA EAVESDROPPING ducing a bill that would name the United Reporting Literacy found that educational ef- States Post Office in Fair Haven, Vermont, in forts could potentially increase consumers’ un- HON. JOHN CONYERS, JR. honor of Matthew Lyon, one of our nation’s derstanding of the credit reporting process and OF MICHIGAN early defenders of the First Amendment, a those efforts should target those areas in IN THE HOUSE OF REPRESENTATIVES former member of the Vermont House of Rep- which consumers’ knowledge was weakest and those subpopulations that did not score Thursday, April 27, 2006 resentatives, and Vermont’s fourth Represent- ative to the United States Congress. Matthew as well on GAG’s survey, including those with Mr. CONYERS. Mr. Speaker, it has been 4 Lyon is also recognized as the founder of Fair less education, lower incomes, and less expe- months since this Congress became aware of Haven, Vermont. rience obtaining credit. Public, consumer, the NSA’s secret surveillance activities, yet no community-based, and private sector organi- Committee has held thorough and inde- Matthew Lyon plays an important role in the zations throughout the United States are work- pendent investigations into the program. history of our country. He was the first person ing to increase financial literacy rates for Before we legislate on this issue and give to be tried and convicted under the repressive Americans of all ages and walks of life the Executive unprecedented and sweeping 1798 Sedition Act. The Sedition Act was through a range of outreach efforts, including new authorities to conduct surveillance on sweeping legislation passed during a period media campaigns, websites, and one-on-one Americans not suspected of terrorist activity, when America was engaged in hostilities with counseling for individuals. In February 2005, we must understand the true nature of the France. The purpose of the legislation was to Congresswoman JUDY BIGGERT (R–IL) and I program, how effective it is, and whether it is punish Americans who opposed President co-founded, and currently co-chair, the Finan- even constitutional. John Adams’ foreign policy toward France. cial and Economic Literacy Caucus, FELC, to To that end, I am introducing the attached This legislation was unquestionably a direct at- (1) provide a forum for interested Members of bill that will create an independent commis- tack on rights explicitly protected by the First Congress to work in collaboration with the Fi- sion, evenly divided between Democrats and Amendment of the U.S Constitution. nancial Literacy and Education Commission, Republicans in the House and the Senate, to (2) highlight public and private sector best answer such questions. Matthew Lyon’s only crime was writing a let- practices, and (3) organize and promote finan- I hope that my colleagues will put politics ter to the editor critical of President Adams’ cial literacy legislation, seminars, and events, aside and do what we did in the 1970s when foreign policy towards France and submitting such as Financial Literacy Month in April 2006 we found out that the Nixon administration another person’s similar writings to a local and the annual Financial Literacy Day fair on was wiretapping Americans without warrants: newspaper that published them. Solely for ex- April 25, 2006. The Caucus has been a suc- conduct a thorough and independent inves- pressing his views and exercising his First cess. tigation of all the relevant facts. Amendment rights, Matthew Lyon was sen- I would like to submit for the RECORD the f tenced to four months in jail, required to pay following letters in support of a bill Congress- PERSONAL EXPLANATION the cost of his prosecution, and fined $1,000. woman BIGGERT and I co-sponsored and that He was, however, subsequently pardoned by passed the House: H. Res. 737, a bill Recog- HON. MARK UDALL President Thomas Jefferson. nizing the Goals and Ideals of Financial Lit- eracy Month that falls in April of each year. OF COLORADO At a time when we find ourselves struggling The bill was reported to the House favorably IN THE HOUSE OF REPRESENTATIVES to balance the security of our nation with the by the Committee on Government Reform and Thursday, April 27, 2006 liberties we cherish, I can think of no better passed the House on April 6, 2006 by a re- time to honor one of our nation’s champions of Mr. UDALL of Colorado. Mr. Speaker, ear- corded vote of 423–1. The documents I am the First Amendment’s right of free speech. lier this month because of official business in submitting today include letters of support for Colorado I was not able to be present for Naming the Fair Haven Post Office in honor of H. Res. 737 from the Federal Trade Commis- three votes. Matthew Lyon would be a fitting tribute to him sion and the National Association of Insurance Had I been present, I would have voted as and his fight for liberty, and would serve as a Commissioners. I am also submitting for the follows: reminder of Fair Haven’s connection to this RECORD three letters in support of Financial Rollcall No. 82, H.J. Res. 81—Providing for great American patriot. I look forward to work- Literacy Month. They include a letter from the the appointment of Phillip Frost as a citizen re- ing with my colleagues on the House Govern- President, George W. Bush, Rick Perry, Gov- gent of the Board of Regents of the Smithso- ment Reform Committee to move this bill ernor of the State of Texas, and the Southeast nian Institution—I would have voted ‘‘yes.’’ through committee and onto the House Floor. Regional Financial Education Center.

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FEDERAL TRADE COMMISSION, their needs change at different life stages, From saving and investing to making wise Washington, DC and to educate them about how to avoid credit decisions, a better understanding of fi- DEAR MEMBER OF CONGRESS: Thank you for being scammed by fake insurance companies. nancial management and planning fosters co-sponsoring House Resolution 737, desig- The program includes an online education long-term financial security. nating April 2006 as ‘‘Financial Literacy site and public service announcements in At home, at school, and elsewhere in our Month’’ to raise public awareness about the English and Spanish. communities, and at an early age, we must importance of financial education in the The Insure U curriculum, available at educate young Texans on these important United States, and calling on various public www.insureUonline.org. includes a basic in- issues. Not only does financial literacy edu- and private entities to observe the month troduction to the four major types of insur- cation help to ensure that young Texans ma- with appropriate programs and activities. ance—auto, home, life and health—as well as ture into responsible adults, it also contrib- Measures such as this help boost consumer special considerations for young singles, utes to economic success and prosperity for education programs the Federal Trade Com- young families, established families and our great state into the future. mission has developed for fostering a na- empty nesters/seniors. The public service an- During the month of April, an awareness tional ‘‘culture of financial smarts,’’ where nouncement encourages consumers to call campaign will be conducted to highlight the all individuals can take steps towards per- their state insurance department prior to importance of financial literacy among sonal financial stability and contribute to a purchasing an insurance policy to confirm young Texans. healthy national economy. Along these lines, that they are dealing with a real insurance At this time, therefore, I encourage Texans the FTC’s Office of Congressional Relations company authorized to do business in their of all ages to recognize the importance of wanted to share with you new resources state. saving, investing and having financial goals. launched for Financial Literacy Month that Thank you again for your continued lead- Together we can continue to make a dif- are available for supporting your outreach ership and commitment to financial and eco- ference for the future. programs. nomic literacy. The NAIC is committed to Therefore, I, Rick Perry, Governor of Enclosed please find the FTC’s ‘‘Focus on working with you, other members of the Fi- Texas, do hereby proclaim April 2006, Youth Finances’’ booklet, which we have modified nancial and Economic Literacy Caucus, and Financial Literacy Month. from a newspaper supplement that ran in all Members of the House and Senate RICK PERRY, The Washington Times. As you will see, the through events during Financial Literacy Governor of Texas. booklet serves as a guide for young adults, Month and year round. entering a new phase in their lives in facing Sincerely, APRIL IS NATIONAL FINANCIAL LITERACY FOR new financial challenges and opportunities. ALESSANDRO IUPPA, YOUTH MONTH From new college students to graduates en- Maine Superintendent RALEIGH, N.C.—Governor Mike Easley has tering the work force, this guide focuses on of Insurance, NAIC declared April 2006 as Financial Literacy for issues that all consumers are faced with: President. Youth Month in North Carolina. Financial credit, budgeting, debt, and identity theft. CATHERINE J. literacy programs are being launched across We hope you will agree this booklet will be WEATHERFORD, a valuable tool for distribution via district the nation to heighten the awareness and NAIC Executive Vice need to provide financial education to young offices or as handouts at community events. President and CEO. The publication can be printed out via the people. The Jump$tart Coalition for Personal Financial Literacy national biennial survey FTC’s Web site at www.ftc.gov/bcp/conline/ THE WHITE HOUSE, of financial literacy released 2006 test results pubs/misc/nie0406.pdf, or you can contact me, Washington DC, March 23, 2006. on April 5th in Washington, DC. The average Derick Rill, at my e-mail address— I send greetings to all those observing Fi- score for the 2005–06 survey was 52.4%, up [email protected], or via phone at 202–326–3007. nancial Literacy Month this April. Beyond the FTC’s Focus on Finances book- The American economy is the envy of the marginally from 52.3% in the 2003–04 survey. let, the FTC has a wide range of consumer world because of the talent of the American This year, North Carolina joined the ranks education resources we think you will agree people. Our economy grows when individuals by surveying 254 high school seniors in 13 can serve to help your constituents, and we are allowed to make their own decisions schools across the state. Test scores were are happy to discuss with your staff ideas for about how to save, spend, and invest their below the national average at 48.2%. newsletter items, Web site assistance areas, money and are given the freedom to make a SERFEC will commemorate Financial Lit- town hall events and more. See the reverse better life for themselves and their family. eracy for Youth Month with a full-day event side of this document for details. The Federal Government has an important for the freshman class on the campus of Thank you again for being a part of Finan- role to play in helping citizens gain the Saint Augustine’s College in Raleigh, NC on cial Literacy Month and please let us know knowledge and tools they need to compete Thursday, April 20th. The kickoff for the how we can best help your office reach the and succeed in the 21st century. The Finan- event will feature concurrent workshops on: goals that your resolution set stressing the cial Literacy and Education Commission, It Just Makes Cents: Budgeting Basics; The importance of financial education for all created in 2003, was tasked with developing a World of Banking; The Credit Trap: Using Americans. We look forward to working with plan to improve the money management Credit Wisely; and What’s Your Whip: Help- you in the future. Please call us at FTC any- skills of our citizens. Through the launch of ful Tips on Vehicle Financing. William time we can be of service. ‘‘Taking Ownership of the Future: The Na- ‘‘Bill’’ Cheeks, President of ABBA Associ- Sincerely, tional Strategy for Financial Literacy,’’ the ates, Powder Springs, GA and Midwest/East- DERICK RILL, Commission is hoping to prepare people for ern States Regional Coordinator for the Congressional Outreach Specialist. the opportunities of life in a free society, en- Jump$tart Coalition for Personal Financial able them to make informed decisions about Literacy will serve as the guest luncheon NATIONAL ASSOCIATION OF their financial futures, and help consumers speaker. During the afternoon Real World INSURANCE COMMISSIONERS, protect their credit and good name. Event, a virtual life skills simulation, stu- April 14, 2006. My Administration remains committed to dents will be challenged to develop a month- Hon. JUDY BIGGERT, expanding economic opportunities and fos- ly budget based on various educational and House of Representatives, tering an environment that encourages employment levels, while ensuring everyday Washington, DC. growth and vitality. By creating an owner- needs and situational crises are met. Cor- Hon. RUBIN HINOJOSA, ship society, where more Americans own porate sponsors for this power-packed event House of Representatives, their own homes and businesses and control include Branch Bank & Trust, Citigroup, Washington, DC. their own retirement savings and health in- Citifinancial, GMAC, and the Federal Re- DEAR CONGRESSWOMAN BIGGERT AND CON- surance, we can achieve a great national serve Bank. GRESSMAN HINOJOSA: On behalf of the Na- goal and make our country a place where the SERFEC is a 501(c)(3) nonprofit organiza- tional Association of Insurance Commis- dignity and security of financial independ- tion whose mission is to provide K–l2 and sioners (NAIC), we write to commend your ence are within reach for all Americans. college freshmen throughout the southeast leadership and commitment to financial and I appreciate Secretary Snow, members of region with a working knowledge of basic economic literacy. The NAIC shares and em- the Financial Literacy and Education Com- personal finance. SERFEC is principled on braces the goals of H. Res. 737, a Resolution mission, and all those working to make the Japanese maxim: ‘‘Tell me, and I’ll for- Supporting the Goals and Ideals of Financial every citizen an agent of his or her own des- get. Show me, and I’ll remember. Involve me, Literacy Month, and offers our support for tiny. Your work reflects our trust in the and I’ll be changed forever.’’ According to your continued efforts to raise public aware- American people and makes our society Angela Towns, Chief Executive Officer, ness about the importance of financial edu- more prosperous and just. ‘‘Teaching youth basic money management cation in the United States. Laura and I send our best wishes. skills is a misnomer. We can tell youth On March 28, the NAIC launched a com- GEORGE W. BUSH. about money and even show them how prehensive public education program to as- STATE OF TEXAS, money works—but until we involve them in sist consumers with information about in- OFFICE OF THE GOVERNOR. the practical application of basic personal fi- surance issues. Under the banner of Insure U, Sound financial management is important nance, we will miss the opportunity for eco- the campaign has two objectives: to help to ensuring that Texans are well-positioned nomic growth, economic empowerment, and consumers get smart about insurance as to meet their needs now and in the future. economic change in the lives of our young

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 0626 Sfmt 0634 E:\CR\FM\A27AP8.093 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E660 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 people, their families, and their commu- Army Hospital in San Francisco for his first in- unbendable in their desire to defend Iwo Jima nities.’’ ternship. He later completed his surgical resi- and to prevent the Allies from moving any f dency at Walter Reed Army Hospital in Wash- closer to the main islands of Japan. ington, D.C. He became the first African-Amer- On February 19, 1945, approximately RECOGNIZING HOLOCAUST ican surgeon at Walter Reed, the Army’s most 70,000 American and other Allied Forces and REMEMBRANCE DAY distinguished medical center. 22,000 Japanese soldiers locked themselves Dr. Gordon was sent to Vietnam where he in a horrific battle that would begin the final HON. JERRY F. COSTELLO was given command of an evacuation hos- phase of the War in the Pacific. Entrenched in OF ILLINOIS pital. There he helped to develop a new, revo- a series of interlocking caves, blockhouses, IN THE HOUSE OF REPRESENTATIVES lutionary approach to surgery which contrib- and pillboxes, the Japanese fought with deter- Thursday, April 27, 2006 uted to saving the lives of countless American mination to defend their island. Debarking off servicemen. He was awarded three Army a naval armada of more than 450 ships, the Mr. COSTELLO. Mr. Speaker, I rise today to Commendation Medals and one Legion of Allies, led by the United States, brought the pay tribute to the victims of the Holocaust and Merit award for his service, and retired in 1968 full weight of their highly trained and battle- to honor Holocaust Remembrance Day. as a Lieutenant Colonel. But Dr. Gordon’s tested troops to bear with the determined goal Earlier this week, concerned citizens service was not over. of taking the rocky island no matter what the throughout the world solemnly remembered In 1981 he rejoined the military to serve in cost. The battle for Iwo Jima would be one of the history of the Holocaust and recognized the U.S. Army Reserves. He served beyond the fiercest conflicts of the Second World War. the victims and those who survived this trag- the call for another decade before retiring with 6,821 Marines were killed in action, and edy. Upon this one day, we remember those the rank of Colonel. 19,217 Marines were wounded. Of the 22,000 that suffered, those that fought, and those that While still serving in the Reserves, Dr. Gor- Japanese defenders, only 1,083 survived. died. Six million Jews were murdered. Many don practiced medicine in Albany, Georgia at On February 23, 1945, the fifth day of the families were completely decimated. the Phoebe Putney Memorial Hospital. He battle, Marines from the 5th Division were or- Between September 1, 1939, when Nazi worked for one year as the Chief of Staff and dered to ascend the slopes of Mt. Suribachi, troops invaded Poland, and Germany’s sur- for two terms as the chairman of the Hospital’s the main peak controlling the island. Four Ma- render on May 8, 1945, Hitler waged two board. In 2005, the Board awarded him the rine squads worked their way up the mountain wars. One was against Allied forces on three title of ‘‘Board Member Emeritus.’’ and, at 10:30 a.m., the officer in charge, 1st continents. The other was against the Jews in In 2003, Dr. Gordon joined the Hospital staff Lieutenant Harold G. Schrier, along with the the form of the Holocaust. as a primary care physician at the VA Clinic. platoon leader, Sergeant Ernest Thomas, and In the years since, descendants of Jewish Since then he has diligently served the vet- Sergeant Henry Hansen, Corporal Charles W. immigrants have clung to their identity and eran population of Southwest Georgia. He has Lindberg, Radioman, Private First Class Ray- have prospered across this Nation and never forgotten the men and women who mond E. Jacobs, Private James R. Michels, throughout the world. In my district, there is a have, like him, worn the uniform of this great Private Philip L. Ward, and Corpsman, PhMac significant population of Jewish survivors and nation. John H. Bradley, raised the American flag their families that showed heroic bravery and Whether serving in Washington, D.C., Viet- over Mt. Suribachi. a will to live. nam or Albany, Dr. Gordon has performed his Today, when our National remembers the Mr. Speaker, it is impossible to imagine an service with honor, courage and integrity. His brave U.S. Marines of Iwo Jima, we often vis- evil more powerful than the massacre and will- lifetime of altruistic care-giving has made him ualize the commanding bronze statue resting ful destruction of a people. By honoring the a legend in our community and an inspira- on the banks of the Potomac River. Most Holocaust Remembrance Day, we renew our tional figure for us all. Americans do not realize that this memorial commitment to prevent future atrocities, and Today, we thank and honor Dr. Walter Carl actually depicts the second, much larger flag therefore we ensure the lessons of the Holo- Gordon, Jr. for his dedication and lifelong that was raised on Mt. Suribachi, signaling the caust are properly understood and acknowl- commitment to the welfare of others. On the courage and determination of the United edged. As it has been over 60 years since the occasion of his retirement from the field of States to all on Iwo Jima and at sea. Holocaust, it is imperative that we pay tribute medicine, we wish for him the joyous, healthy In my home state of Hawaii, the Iwo Jima to the memory of others who have suffered and tranquil life that he so richly deserves. Dr. USMC Memorial Association, Inc. is working and to never forget the past. Gordon is a healer and a patriot and we ap- to raise the funds necessary to build a memo- f plaud his lifetime of service. rial to recognize the American Marines who raised the first American flag on Mt. Suribachi. IN HONOR OF DR. WALTER CARL f I applaud their efforts, and hope that every cit- GORDON, JR. HONORING COURAGE OF FIRST izen across the Nation will support those MARINES TO SCALE SUMMIT OF groups dedicated to recognizing the courage HON. SANFORD D. BISHOP, JR. MT. SURIBACHI of American Marines everywhere. OF GEORGIA f IN THE HOUSE OF REPRESENTATIVES HON. ED CASE DOLA MINERS Thursday, April 27, 2006 OF HAWAII IN THE HOUSE OF REPRESENTATIVES Mr. BISHOP of Georgia. Mr. Speaker, I rise Thursday, April 27, 2006 HON. SHELLEY MOORE CAPITO today to honor a great doctor who has de- OF WEST VIRGINIA voted his life to serving his countrymen—Dr. Mr. CASE. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES Walter Carl Gordon, Jr. honor the courage of the first United States At the age of 78, Dr. Gordon is retiring after Marines to scale the summit of Mt. Suribachi Thursday, April 27, 2006 nearly 40 years practicing medicine. He has on Iwo Jima. Mrs. CAPITO. Mr. Speaker, Tuesday was served his community and his country Iwo Jima is a small rocky island only two the 43th anniversary of the Dola, WV mine throughout his entire life, all the while blazing miles wide and four miles long located ap- disaster that took the lives of 22 miners. On new trails for those who would follow him. proximately 650 miles south of Tokyo, Japan. Thursday, April 25, 1963, Adam Aldridge, Born on October 25, 1927 in Albany, Geor- It is a volcanic island, much like the islands of Gunther Bardorrek, William Bullough, Kenneth gia, Dr. Gordon earned his Bachelor of my home state of Hawaii. A place where cool Burnside, Ralph Cado, Delbert Chapman, Science degree from Hampton Institute and Pacific breezes rush over soft beaches and Carsie Crayton, Dorsey Fincham, William then his Master of Science in chemistry from birds sing songs learned during lonely flights Fowler, George Grogg, Roy Hanna, Glen Tuskegee Institute. Before attending medical across the wide ocean. Haught, Harold Haught, Denzil Hawkinberry, school, he spent several years teaching chem- For a brief moment in time, the Island of Iwo Roy Kerns, James Lester, William Maxwell, istry at Lincoln University and Albany State Jima became the central battleground be- Ralph McCloy, John Reed, Ralph Smith, Ray- University. In 1955, he graduated from tween the Empire of Japan and the Allied mond Swiger, and Robert Welch lost their Meharry Medical College and began to serve Forces during those terrible and dark days of lives in a methane gas explosion at Clinchfield his country on another level. World War II. The Allied Forces were deter- Coal Company’s Compass No. 2 Mine. The young Dr. Gordon joined the United mined to take the island in preparation for a Today, flags and flower arrangements line States Army and was stationed at Letterman final attack on Japan, and the Japanese were headstones of the fallen miners in family

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.097 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E661 cemeteries up and down Ten Mile Creek. A I have received a response from Secretary As an ANNA president, Ms. Dinwiddie has memorial is currently being organized by the Rice who stated, ‘‘[t]he United States supports led the association to many accomplishments. families of the miners to recognize and honor as open access system in Bad Arolsen for vis- She spearheaded ANNA’s advocacy efforts as them. The memorial will be dedicated later this iting researchers. Furthermore, the United the organizition worked with the Centers for summer to ensure they are never forgotten. States has proposed that the eleven countries Medicare and Medicaid Services (CMS) on Those family members gathered know first making up the International Commission of the such crucial issues as the nursing shortage, hand the pain of losing a loved one—the ITS receive a digitized copy of the archives so the role of the advanced practice nurse, and same pain suffered by families across West that individual member States can make those reimbursement for kidney care. She helped Virginia this year. Our state will stand with documents available for research purposes fuel grassroots advocacy efforts for the Kidney these families, share in their suffering, and under their respective national privacy laws.’’ I Care Quality and Improvement Act, H.R. 1298, continue to push for improved safety in our am encouraged that the German Ambassador of which I am pleased to be a cosponsor. This mines. to the U.S. Klaus Scharioth announced on bill would modernize Medicare, advance qual- f April 24, 2006, that the German government is ity care, and increase awareness of kidney now our partner in getting the ITS archive disease in local communities. IN RECOGNITION OF HOLOCAUST opened and copies made as quickly as pos- REMEMBRANCE DAY sible. Ms. Dinwiddie has also recognized the im- I also rise today in recognition of the 58th portance of recruiting and retaining nephrology HON. E. CLAY SHAW, JR. anniversary of the independence of the State nurses to help ensure the future of the spe- OF FLORIDA of Israel. On May 14, 1948, the State of Israel cialty. She currently leads ANNA’s annual ‘‘Nephrology Nurses Week,’’ a national cam- IN THE HOUSE OF REPRESENTATIVES was established as a sovereign and inde- pendent state. I am an original cosponsor of a paign that recognizes and celebrates the crit- Thursday, April 27, 2006 resolution to recognize this important anniver- ical role of nephrology nurses in patient care. Mr. SHAW. Mr. Speaker, I rise today in rec- sary. Since 1948, the United States and Israel During another annual event, ‘‘ESRD Edu- ognition of Holocaust Remembrance Day. Hol- have developed a close friendship based on cation Week,’’ Ms. Dinwiddie and other ne- ocaust Remembrance Day has been set aside common democratic values, religious affinities, phrology nurses across the country invite state as a tribute to the victims of the Holocaust and and security interests. U.S.-Israeli bilateral re- and federal legislators to visit dialysis units in for reminding our nation that we must vigor- lations are multidimensional. Both countries their districts to learn more about kidney dis- ously pursue justice for the victims of all acts have long recognized that their mutual inter- ease and treatments. I was pleased to visit the of hatred and inhumanity, not only for their ests of deterring war, promoting stability and Cary Kidney Center in the congressional dis- sake but for the sake of future generations. achieving peace are not far off. I am com- trict I represent in August 2004. Ms. Dinwiddie In addition, I have been concerned about mitted to maintaining the close relationship has also expanded ANNA’s collaborations with the International Tracing Service (ITS) of the that the U.S. government enjoys with Israel to other nursing and kidney-related organiza- International Committee of the Red Cross secure democracy in the Middle East. tions, helping to ensure that the voices of ne- (ICRC) in Bad Arolsen, Germany. Driven by f phrology nurses continue to be heard. frustration with the long delays and poor re- IN RECOGNITION OF LESLEY C. Professionally, Ms. Dinwiddie runs an inde- sponsiveness of ITS, family members of vic- DINWIDDIE pendent nephrology nursing consulting prac- tims of the Holocaust are calling for access to tice in Cary, NC, specializing in vascular ac- ITS to search for their missing family mem- HON. DAVID E. PRICE cess for hemodialysis, education, and re- bers. The American Gathering of Jewish Holo- search. She is a member of the National Kid- caust Survivors, which is the largest survivor OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES ney Foundation’s Kidney Disease Outcomes organization in the world, has repeatedly Quality Initiative’s (K/DOQI) Vascular Access called for the archives to be opened. In most Thursday, April 27, 2006 Subcommittee and CMS’s Fistula First Break- instances they have received no response to Mr. PRICE of North Carolina. Mr. Speaker, through Initiative. Ms. Dinwiddie is also a re- their requests for information regarding the ac- I rise today to honor Lesley C. Dinwiddie, viewer for ANNA’s official journal, Nephrology tual holdings of the ITS archives or on the past-president of the American Nephrology Nursing, as well the Dialysis & Transplantation issue of access. I sent a letter to Secretary of Nurses’ Association (ANNA), for her compas- journal, and has numerous publications and State Condoleezza Rice requesting her to sion, dedication, and pioneering contributions presentations to her credit. She received a Di- contact ITS and insist on making these ar- to nephrology nursing and kidney patients ploma in General Nursing in Australia, a B.A. chives available to the U.S. government and across the country. in psychology at the University of Arkansas, other related government organizations. As ANNA’s 2004–05 president and a mem- and her Masters in Nursing Science at the ITS was established by the Allied High ber of the organization for 24 years, Ms. University of North Carolina at Chapel Hill. Command after World War II to assist in re- Dinwiddie has inspired nephrology nurses to uniting families that were separated by con- reach the highest levels of practice and patient I ask my colleagues to join me in com- centration camps and confirm the fate of fam- care. A visionary leader, she has implemented mending Lesley Dinwiddie for her years of vi- ily members during the war. The initial docu- a broad range of initiatives that will continue to sion, leadership, and commitment. ment collections were deposited by the United improve care for patients whose lives depend States, United Kingdom and France, and in- on dialysis and other kidney replacement f cluded captured documents and Displaced treatments. Persons’ (DP) camp records. The 30 million The rising rates of kidney disease under- CELEBRATING THE BIRTH OF pages of archival material related about the score the urgency of Ms. Dinwiddie’s work: NILAYA KUNTAMUKKALA approximately 17 million victims of Nazism, about 20 million Americans suffer from the dis- both Jews and non-Jews, includes records of ease today. The number of people diagnosed concentration camps, forced and slave labor, has doubled each decade for the last two dec- HON. JOE WILSON deportations, and DP camps. The documents ades and will likely continue to do so as Baby OF SOUTH CAROLINA have an important memorial function to shed Boomers age. IN THE HOUSE OF REPRESENTATIVES new light on our intellectual understanding of For those who have lost over 85 percent of the Holocaust and its aftermath. their kidney function, a condition known as Thursday, April 27, 2006 As context for all of this human tragedy, the end stage renal disease (ESRD), the only way operation of the concentration camps, trans- to stay alive is to receive dialysis or a kidney Mr. WILSON of South Carolina. Mr. Speak- port and deportation systems, and perpetration transplant. There are now over 400,000 peo- er, today I am happy to congratulate Ajay of the Holocaust at the human, not just the ple in this country who are being treated for Kuntamukkala and Lavanya Reddy of Rock- statistical, level. All of that, and more for us to ESRD. Caring for these patients calls for high- ville, Maryland on the birth of their new baby learn and seek to understand, lies in the ITS ly-trained experts with sophisticated knowl- girl. Nilaya Kuntamukkala was born on April archives. It is so imperative for the ITS ar- edge, making nephrology nursing one of the 12, 2006 at 1:59 p.m., weighing 5 pounds and chives to be opened to the public. To collect most challenging and rewarding nursing spe- 13 ounces. She has been born into a loving all this vital information and put a wall up cialties practiced today. It is also one of the home, where she will be raised by parents around it so no one could get in, makes a hor- largest; ANNA’s membership—now over who are devoted to her wellbeing and bright rific crime worse. 12,000—continues to grow each year. future. Her birth is a blessing.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.101 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E662 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 TRIBUTE TO TAIWAN PRESIDENT California. They are the seventh in the Once a Federal Agency has been reviewed CHEN SHUI-BIAN school’s history in a line of successful teams by the Commission, Congress will have 2 to qualify for the national competition in Wash- years to positively reaffirm the need for that HON. LYNN A. WESTMORELAND ington, DC. agency. No reauthorization by Congress in OF GEORGIA These students have been victorious at the that 2-year span would result in the termi- IN THE HOUSE OF REPRESENTATIVES congressional, regional, and State levels this nation of the agency or program. The Sunset year. The team consists of 30 seniors who Commissions will empower the President to Thursday, April 27, 2006 prepared in 15,000 combined hours of study make the most effective spending cuts by trim- Mr. WESTMORELAND. Mr. Speaker, today and preparation. During this time, this diverse ming Federal programs whose functions exist I rise to pay tribute to Taiwan President Chen group of students have come together as one elsewhere in the government. Shui-bian. In early May, he will be making team; supporting each other in the most dif- Last year, Chairman Alan Greenspan testi- stops in the United States en route to Central ficult and rigorous academic experience of fied before the Senate Budget Committee with and South America. their lives. regard to reforming the budget process. What I commend President Chen for his leader- Mr. Speaker, I warmly congratulate the was missing in government, he stated, was a ship and wisdom in having maintained peace Amador Valley High School team and I want systematic review of all Federal programs. He and stability in the Taiwan Strait during the to add the names of these bright students in said, ‘‘[Congress] might want to require that past six years. Despite the People’s Republic the CONGRESSIONAL RECORD: Angela Aronoff, existing programs be assessed regularly to of China’s military buildup along the Tai- Kiel Barry, Sean Basalyga, Nihat Bayramoglu, verify that they continue to meet their stated wanese coast, despite China’s passage of the Sanam Bhatia, Audra Bloom, David purposes and cost projections.’’ The Sunset anti-secession legislation last spring and de- Crisostomo, Jennifer Doxey, Jasmine Guo, Act is expressly consistent with this analysis, spite China’s continuous harsh rhetoric threat- Scott Hanford, Jennifer Hank, Glenalyn Hunt, and would bring light of review and account- ening Taiwan’s future, President Chen con- Lauren Johnson, Jack LaFrancesca, Jessica ability to Federal programs, and result in con- tinues to hope for a dialogue with his Chinese Ma, Amy Qin, Shokoofeh Rajabzadeh, Paula siderable cost savings to the taxpayer. counterparts. President Chen wants perma- Reever, David Rowse, Lakshmi Santhosh, Eu- A similar important piece of legislation that nent peace in the Taiwan Strait. gene Shenkar, Tiffany Shih, Suzanna Sund, I introduced is H.R. 3276, the ‘‘Government President Chen firmly believes in his peo- Will Tagg, Sonia Talati, Susan Tang, Reorganization and Improvement of Perform- ple’s right to maintain a free and democratic Brookanne Thompson, Ronald Tran, Elise ance Act’’. Under the ‘‘Government Reorga- way of life. Any solution of the Taiwan ques- Viebeck, and Jenny Zhan. nization and Improvement of Performance Act,’’ bipartisan commissions would be created tion must have the consent and approval of f the 23 million people of Taiwan. to study specific areas where there might be We must help the 23 million people of Tai- H.R. 3277—FEDERAL AGENCY PER- overlap and duplication in federal operations. wan to determine their own future. First, we FORMANCE REVIEW AND SUNSET The commissions would issue recommenda- must reaffirm our commitment to the Taiwan ACT tions to the President on how to reorganize, at Relations Act, which stipulates a peaceful so- which time the President would decide wheth- er to submit the proposal to Congress. This lution to the Taiwan issue. In the meantime, HON. JON C. PORTER legislation would require both the creation of a let’s give our support to Taiwan in its applica- OF NEVADA Results Commission and any reorganization tion to be an observer at the World Health As- IN THE HOUSE OF REPRESENTATIVES proposal endorsed by it to come before Con- sembly meetings this May. Thursday, April 27, 2006 It is my hope that President Chen will be gress under expedited procedures to ensure warmly welcomed in the United States. Too Mr. PORTER. Mr. Speaker, I am happy to that the proposal receives a clean, up-or-down often he has been misunderstood. I salute him speak in favor of H.R. 3277, the ‘‘Federal vote in both houses. It is clear that the world works at much fast- as a leader who’s always put his country and Agency Performance Review and Sunset Act.’’ er speeds than it did 40, 30, and even 20 his people first. He is our ‘‘peacekeeper’’ in The Federal Government is fraught with years ago. It is clear that it should not require the Taiwan Strait. chronic program overlap and duplication. As an act of Congress to reorganize the Execu- f Congress has created multiple agencies and programs to meet the needs of our Nation tive Branch so that real solutions for crises CONGRATULATIONS TO STUDENTS over the years, it has become increasingly can be found in the most efficient manner. OF AMADOR VALLEY HIGH clear that many of these programs are now H.R. 3276 will allow a ‘‘fast-track’’ reorganiza- SCHOOL’S ‘‘WE THE PEOPLE’’ outdated because they serve similar purposes. tion authority to exist that will increase the TEAM Did you know that: 19 federal programs overall operability and efficiency of the govern- throughout the government focus on sub- ment and allow it to keep pace with the speed HON. RICHARD W. POMBO stance abuse prevention; 90 early childhood of the world today. programs exist in 11 federal agencies within Something has to be done to eliminate the OF CALIFORNIA government waste caused by chronic program IN THE HOUSE OF REPRESENTATIVES 20 different offices; 86 teacher training pro- grams exist in 9 different agencies; and 27 dif- overlap and duplication throughout the Federal Thursday, April 27, 2006 ferent programs and services to prevent teen Government and get the biggest bang for the Mr. POMBO. Mr. Speaker, I rise today to pregnancy exist in HHS alone. taxpayers’ dollars. The two commissions pro- both congratulate and wish the students of The costs of the hurricane recovery efforts posed in H.R. 3276 and H.R. 3277 are critical Amador Valley High School’s ‘‘We the People’’ in Texas and Louisiana have reached record to achieving a sensible and responsible anal- team the best of luck for their national com- proportions and will place an increasing ysis of government programs and operations petition in the District of Columbia this week- amount of strain on our Nation’s resources. and ultimately in eliminating unneeded pro- end. I also congratulate their parents and The President has stated that federal spend- grams and reorganizing government oper- teachers for this remarkable achievement. ing cuts are inevitable in the near future if the ations. The U.S. Department of Education’s Center government is to achieve a balanced budget. f for Civic Education sponsors ‘‘We the People’’ Congress must take accountability by making IRAN FREEDOM SUPPORT ACT as an opportunity for students to compete in sure the most effective spending cuts do not their knowledge of American civics. Students hinder the necessary operations of the Federal SPEECH OF are quizzed on everything from the U.S. Con- Government. HON. STENY H. HOYER stitution, the founding of our country, and the The members of Congress have a unique OF MARYLAND revolution of American government. This opportunity in front of them. Together, we can IN THE HOUSE OF REPRESENTATIVES makes for a great experience for the students, help eliminate program overlap and duplication because the testing occurs during simulated and at the same time help offset the costs of Wednesday, April 26, 2006 congressional hearings. These are creative the hurricane recovery efforts with the pas- Mr. HOYER. Madam Speaker, I strongly students who excel in critical thinking and their sage of the Sunset Act. Under the ‘‘Federal support this bipartisan legislation—the Iran mastery of history and government. Agency Performance Review and Sunset Act,’’ Freedom Support Act—which is a measured, I am proud to say that on February 3, 2006, or the Sunset Act the need and efficiency of appropriate and necessary response by this the ‘‘We the People’’ team from Amador Val- each Federal Agency will be investigated by a body to the continued belligerence and threat- ley High School finished first in the State of Sunset Commission. ening actions of the Iranian regime.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.106 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E663 Let none of us be mistaken: Iran, today, HONORING ROBERT B. WEGMAN Tobin, Joan Goldberg, and Marie Kenton; sev- poses a grave and growing danger to inter- eral grandchildren and great-grandchildren. national security and stability. And, this danger HON. BRIAN HIGGINS f must not be ignored. OF NEW YORK COACH JOHN WOODEN POST Just yesterday, Iran’s supreme religious IN THE HOUSE OF REPRESENTATIVES leader, in a meeting with the president of OFFICE BUILDING Thursday, April 27, 2006 Sudan, reportedly said that Iran was ready to SPEECH OF share its nuclear technology with other coun- Mr. HIGGINS. Mr. Speaker, I rise today to tries. honor Robert B. Wegman, Chairman of HON. HENRY A. WAXMAN This was the latest in a series of outrageous Wegmans Food Markets, Inc, and a well OF CALIFORNIA and dangerous comments and actions under- known business leader and philanthropist who IN THE HOUSE OF REPRESENTATIVES passed away Thursday, April 20, 2006 at the taken by the government in Tehran. Wednesday, April 25, 2006 For example, the Iranian president recently age of 87. has stated his hope for ‘‘a world without Amer- After 3 years of service in the United States Mr. WAXMAN. Mr. Speaker, I am proud to ica’’ and his desire to ‘‘wipe Israel off the Marine Corps, Wegman became a store man- support H.R. 4646, which would rename the map.’’ ager at his family business in 1947. He took postal facility in Reseda, California in honor of Iran is a state sponsor of terrorism. It sup- over the business after his uncle’s death in a UCLA legend, a teacher and community ports Hezbollah, Hamas, and Islamic Jihad. It 1950. Born at a time when people bought leader, and the greatest coach in sports his- harbors al-Qaida operatives. And, it has main- fruits and vegetables from pushcart peddlers, tory: John Wooden. tained a hostile stance toward the United Robert Wegman was a pioneer in the super- Coach Wooden achieved unmatched suc- States and our national interests ever since market industry. He not only spearheaded the cess in his years at UCLA. His commitment to Iranian radicals seized the American embassy concept of one-stop-shopping by adding in- excellence, his steady leadership, and his in 1979. store cafes, federal credit unions, pharmacies, great wisdom have made him one of the most Furthermore, there is little question today photo labs, dry cleaning services, video de- beloved figures in the history of that great uni- that Iran has engaged in a deliberate cam- partments and childcare centers to Wegmans versity. paign of lies and deceit to conceal its quest for Markets, he built a successful business based As we saw this year, Coach Wooden’s leg- nuclear weapons. on the simple idea that it was essential to treat acy continues. Through hard work, determina- customers and employees right. As the French foreign minister stated earlier tion, and a deep belief in the power of team- Anyone who has shopped at Wegmans this year: ‘‘No civilian nuclear program can ex- work, his Bruins captured the Pac10 Cham- knows that these stores are not your average plain the Iranian nuclear program. It is a clan- pionship and advanced to the NCAA Cham- supermarket chain. This is in large part due to destine nuclear program.’’ pionship game. This year’s victories are fact that Robert Wegman valued quality more Coach Wooden’s victories because his wis- In 2002, it was revealed that Iran was con- than a quick profit. In explaining his goals, he dom and work ethic are the lifeblood of the tinuing to develop a nuclear program at two said ‘‘I have never pursued growth for UCLA basketball program. secret nuclear facilities—in direct violation of growth’s sake—all we really want from our ef- I was lucky enough to attend UCLA in the its international obligations. forts are the finest food stores anywhere, op- years leading up to the Bruin’s unprecedented Last August, the Iranian government re- erated profitably.’’ Combined with a desire to string of championships and undefeated sea- sumed its conversion of uranium, a develop- expand the choices and quality of goods avail- sons. Coach Wooden’s leadership was the ment that led to a 27-to-3 vote in February by able to consumers, Wegman revolutionized driving force behind four undefeated seasons, the International Atomic Energy Agency to re- the industry and turned shopping into an expe- 88 consecutive victories, and 7 consecutive port Iran to the U.N. Security Council. rience rather than a chore. When a shopper NCAA championships. And, on March 29, the Security Council enters a Wegmans they not only find high In addition to the wins on the court, Coach gave Iran 30 days—or until this Friday—to quality products at low prices, but they enter Wooden was an inspiration to his players and stop its nuclear activities. an environment with all of the charm of a Eu- the UCLA community. His players’ admiration Unfortunately, the Iranian regime seems in- ropean market and all of the convenience that and respect has extended decades beyond tent on following a path of confrontation rather one expects of a local supermarket. Under his their time at UCLA. The University’s worldwide than cooperation. leadership, Wegmans received the Golden visibility and commitment to excellence are And that is why I urge the members of this Shopping Cart Award for Best Supermarket, forever tied to Coach Wooden’s great legacy. body to support this legislation, which, among was named the ‘‘Most Family-Friendly Super- I wish Coach Wooden many years of health other measures, would require the President market in America’’ by Child magazine and and happiness and it gives me great pleasure to impose any two of six specified sanctions has been awarded the prestigious Black Pearl to support H.R. 4646. against any foreign company or entity invest- Award for advancing food safety and quality. f ing $20 million or more in the development of In addition to his business savvy, Robert Iran’s oil or gas industry—so long as Iran re- Wegman knew the importance of taking care IN HONOR OF THE BARON DE fuses to dismantle its chemical, biological or of his employees. The 70 Wegmans Markets KALB COUNCIL NO. 1073 OF THE nuclear weapons program. that stretch from New York to Virginia employ KNIGHTS OF COLUMBUS This bill also would authorize financial and more than 35,000 people and offer programs political assistance to human rights dissidents like the Wegmans Scholarship Program, which HON. ANTHONY D. WEINER and pro-democracy advocates in Iran. has awarded $56 million to 18,000 employees OF NEW YORK And, it expresses the sense of Congress since 1983. As a result of Robert Wegmans IN THE HOUSE OF REPRESENTATIVES that the President should instruct our U.N. rep- efforts, Wegmans has been named one of the Thursday, April 27, 2006 resentative to work to secure a Security Coun- ‘‘100 Best Companies to Work For’’ by For- cil resolution calling for sanctions on Iran for tune Magazine for nine consecutive years Mr. WEINER. Mr. Speaker, I rise today in its repeated and flagrant breaches of its nu- starting in 1998. In 2005, Wegmans achieved recognition of the 100th Anniversary of the clear nonproliferation obligations. the honor of being ranked number 1 on the Baron De Kalb Council No. 1073 of the Madam Speaker, the members of this body list. Knights of Columbus and to offer my thanks are properly focused on our Nation’s con- Outside of his life as a businessman, Robert for the continual dedication it has shown to the tinuing efforts in Iraq and Afghanistan. How- Wegman was also a philanthropist. He has southern Brooklyn communities it serves. The ever, we cannot afford to dismiss or ignore the donated millions of dollars to charity, including Baron De Kalb Council No. 1073 was founded grave danger looming in Iran. $25 million to the Rochester Roman Catholic in 1906 by Ambrose P. Rikeman, who became Let me emphasize, I believe that the inter- Diocese to educate inner-city students, $10 their first Grand Knight. It was founded on the national community has a collective obligation million to the Aquinas Institute, $5 million to principals of charity, unity, fraternity and patri- to exert its will on lawbreakers, such as Iran. St. John Fisher College for the Wegmans otism, principals that have been ingrained in This is not the duty alone of the United States School of Pharmacy and $8 million to the Uni- the hearts and minds of its members ever or any other single state. versity’s School of Nursing. since. The Council is named for Baron Johann The measure before us is warranted, appro- Robert Wegman is survived by his wife, De Kalb, a courageous and loyal military lead- priate and necessary. And I urge the members Peggy; sister, Cecilia Wright; brother, Jim er whose spirit continues to live on in the lead- to support it. Wegman; children, Danny Wegman, Gail ers of this great Council.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.110 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E664 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 The Baron De Kalb Council No. 1073 has LENEXA, KANSAS, POLICE CHIEF forts to establish child abuse prevention cen- risen from its humble beginnings, when a ELLEN HANSON WINS POLICE ters in her jurisdiction. small band of men met in Grand Knight EXECUTIVE RESEARCH FORUM Chief Hanson graduated from the FBI Na- Rikeman’s house, to its present day thou- LEADERSHIP AWARD tional Academy in 1980 as one of the first fe- sands strong membership that meets at the male students, and was one of the founders of ‘‘Baron-By-The-Sea’’, a property purchased by HON. DENNIS MOORE the National Association of Women Law En- the Council in scenic Sheepshead Bay in OF KANSAS forcement Executives (NAWLEE), which has 1949. In 1969 members were devastated to IN THE HOUSE OF REPRESENTATIVES provided support, training and mentoring to fe- learn that a fire had destroyed their ‘‘Baron- male law enforcement executives since 1995. Thursday, April 27, 2006 By-The-Sea’’, but no fire could destroy the We are lucky to have Chief Ellen Hanson in members commitment, dedication and desire Mr. MOORE of Kansas. Mr. Speaker, I rise Lenexa. Indeed, her career has been marked to reach ever greater achievements for their today to pay tribute to Lenexa, Kansas, Police by her willingness to lead, not only her city, beloved Council. In 1973 Grand Knight Gus Chief Ellen Hanson, who last week was given but our region, in cooperative efforts on a wide Rogers proudly led his members into the the Police Executive Research Forum [PERF] variety of law enforcement initiatives. I know I newly built ‘‘Baron-By-the-Sea’’, the structure Leadership Award. Presented annually since have certainly appreciated her work with me in on Nostrand and Emmons Avenues that con- 1984, the Leadership Award has been given instituting and maintaining an effective Amber tinues to provide invaluable services to its to individuals who have made outstanding Alert program in our two-state, multi-county members and our southern Brooklyn commu- contributions to the field of law enforcement area. I commend her for receiving this much- nity to this day. over the course of their careers, who exem- deserved national recognition of the essential Therefore, on Behalf of the United States plify the highest principles and standards of a role she plays in maintaining public safety House of Representatives, I congratulate the true leader in policing on a national level, and within the Third Congressional District of Kan- Baron De Kalb Council No. 1073 of the whose efforts serve as a model to the law en- sas. Knights of Columbus and all of its past and forcement community. PERF is a DC-based f present members for 100 years of dedication nonprofit membership association committed and service to our community. to promoting innovative law enforcement prac- IN SUPPORT OF H.R. 5216 tices through research and experimentation, f management and technical assistance, train- HON. ELIJAH E. CUMMINGS ing, publications, and advancing the national OF MARYLAND HONORING SCOTT MILLER debate on public safety issues. IN THE HOUSE OF REPRESENTATIVES Chief Ellen Hanson has been the Chief of Thursday, April 27, 2006 HON. JEB HENSARLING Police of Lenexa since 1991, and her strong OF TEXAS leadership and innovative programs have en- Mr. CUMMINGS. Mr. Speaker, I rise to offer IN THE HOUSE OF REPRESENTATIVES hanced the entire region in several fields of my full support of legislation that Congress- man TOM LANTOS, Congressman TOM DAVIS, Thursday, April 27, 2006 police work. She initiated the Safe School Pro- gram that became a model throughout the and I have crafted entitled the Preservation of Mr. HENSARLING. Mr. Speaker, today I Kansas City Metropolitan Area in the mid 90s. Records of Servitude, Emancipation, and would like to honor Scott Miller for his out- After the September 11, 2001, terrorist attacks Post-Civil War Reconstruction Act (H.R. 5216). standing leadership and dedicated service to she helped organize the Kansas City Metro This legislation would preserve and make his community and his country. Disaster Tactical Response Team, a multi-ju- more accessible important pieces of personal As an active member of the American Israel risdictional response to chemical, biological, and American history. Public Affairs Committee (AIPAC), Scott ap- radiological, nuclear, or explosive threats or By and large, Americans of non-African de- preciates the important relationship between attacks. scent who research their genealogical history the United States and Israel. Scott knows that Following several officer-involved shootings search through municipal birth, death, and the nation of Israel is not only a shining exam- in Johnson County, Chief Hanson developed a marriage records. To the benefit of all Ameri- ple of democracy in the Middle East, it is one program called ‘‘Officer Involved Shooting cans many of these records have been prop- of our nation’s most important allies. And Scott Team’’ (OIST), made up of the most experi- erly archived as public historical documents. understands the enormous benefits of enced commanders, investigators, and crime However, African-Americans in the United strengthening ties between our two great Na- scene technicians in the county cooperating States confront a unique challenge when con- tions. with the District Attorney’s Office. She has ducting genealogical research due to the Scott Miller and AlPAC are virtually synony- also initiated a program to prevent underage vestiges of slavery and discrimination. mous. Scott is former chair of the Dallas drinking known as ‘‘Party Patrol,’’ which re- Accordingly, African-Americans were denied AIPAC council, and a member of AIPAC’s Na- ceived national attention on the CBS program many of the benefits of citizenship that gen- tional Executive Committee. As the founder of ‘‘60 Minutes.’’ erate traceable documentation such as voter AIPAC’s young leader movement, Scott has As PERF Board of Directors’’ President and registration, property ownership, business helped expand the organization and its mem- Los Angeles Chief of Police William Bratton ownership, and school attendance. As a re- bership in Dallas. This Sunday, he will also be noted at her awards ceremony, ‘‘Both PERF sult, traditional genealogical research docu- receiving the Sam Wolfson Distinguished and the police profession have benefited from ments can at times be of limited value to Afri- Leadership Award. Ellen’s intense commitment to the continued can-Americans. Fortunately, slavery, emanci- But AlPAC is just one of Scott’s many inter- advancement of the quality of law enforcement pation, and post-Civil War reconstruction ests. He is a past President of Jewish Family in this country. She has made outstanding records have proven themselves to offer a Service of Dallas, the CFA Society of Dallas/ contributions to PERF.’’ wealth of useful genealogical information that Fort Worth and the Wharton Club of Dallas/Ft. ‘‘Ellen Hanson is not only well known and African-Americans can utilize to better under- Worth. He has served as the Secretary of the respected by her peers in Kansas, but revered stand their history. Unfortunately, there is no Board of Directors of the Jewish Federation of by colleagues around the country as an out- comprehensive national effort to preserve Greater Dallas and currently serves on the standing police chief and role model,’’ added these important pieces of history or to make boards of the American Jewish Committee PERF Executive Director Chuck Wexler. ‘‘Her them easily accessible to all Americans. In the and the Jewish Community Center. work with the Kansas City Metro Disaster Re- absence of congressional action, these Scott is also a leader in business, special- sponse Team is considered a model strategy records will remain inaccessible, poorly izing in global investments as both the prin- for regional cooperation among law enforce- catalogued, and subject to the deteriorating af- cipal of Miller Global Investments, L.L.C. and ment agencies.’’ fects of decay. founding member and partner of FCM Invest- Chief Hanson is also a board member of the The Preservation of Records of Servitude, ments. Last but not least, Scott is also a dedi- Kansas City Metro Squad, another successful Emancipation, and Post-Civil War Reconstruc- cated family man. He and his wonderful wife model of cooperation among regional law en- tion Act would address this troubling situation. Julie have three lovely children. forcement officials in major criminal investiga- Specifically, our bill would require the estab- I am proud to call Scott my friend and it is tions. She is an active member of the Metro- lishment of an electronically searchable na- my pleasure to recognize his distinguished politan Police Chiefs and Sheriffs Association, tional database in the National Archives to service today in the U.S. House of Represent- has been involved in regional initiatives re- preserve records of servitude, emancipation, atives. garding racial profile training, and has led ef- and post-Civil War reconstruction. It would

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.113 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E665 also provide grants to State and local entities RECOGNITION OF LANCE COMMEMORATING NATIONAL to establish similar local databases. The CORPORAL NICHOLAS KLEIBOEKER MINORITY HEALTH MONTH records that would be preserved and made more accessible include the Southern Claims HON. JOHN SHIMKUS HON. ELIJAH E. CUMMINGS Commission Records, Records of the Freed- OF MARYLAND OF ILLINOIS men’s Bureau, Slave Impressments Records, IN THE HOUSE OF REPRESENTATIVES Slave Payroll Records, and Slave Manifests. IN THE HOUSE OF REPRESENTATIVES Thursday, April 27, 2006 This legislation would also authorize a total of Thursday, April 27, 2006 $10 million to establish this national database Mr. CUMMINGS. Mr. Speaker, I rise today and provide grants to states, academic institu- Mr. SHIMKUS. Mr. Speaker, I rise today to to commemorate National Minority Health tions, and genealogical associations. recognize the life of Lance Corporal Nicholas Month. Celebrated during the month of April, Recognizing that we can ill afford to allow Kleiboeker who was killed in action fighting for the month highlights the importance of improv- these irreplaceable stories to be lost to the freedom in Al Hillah, Iraq on May 13, 2003. ing minority health through focusing on initia- withering decay of time, our bill takes mean- Lance Cpl Kleiboeker was a 19 year-old tives to eradicate health disparities. ingful steps to resurrect the rich history of Afri- from Irvington, Illinois and was assigned to the The month was created by the National Mi- can-Americans. Not only will it allow a means 2nd Combat Engineer Battalion, 2nd Marine nority Health Foundation in response to the by which African-Americans can trace their lin- Division, based at Camp Lejeune, North Caro- U.S. Department of Health and Human Serv- eage, but also as a means by which we can lina. He was a 2001 graduate from Odin High ices Healthy People 2010 Initiative. Through preserve historically comprehensive and accu- School in Odin, IL. the Foundation’s efforts, and those of Rep- rate information about our collective history as Kleiboeker made the ultimate sacrifice for resentative DONNA CHRISTENSEN, Congress a nation. his country. He is survived by Gary and Sheryl passed the resolution in 2001 during the 107th As Author Maya Angelou once said, ‘‘No Kleiboeker of Iuka, Sam Clark of Sumner and Congress. man can know where he is going unless he many other family, friends and loved ones. I Recognizing the disproportionate impact knows exactly where he has been and exactly am proud of the service this young man gave communities of color are burdened with per- how he arrived at his present place.’’ On be- to his country and the service his fellow troops taining to equitable access to health care re- half of all Americans, join us in forging that es- perform everyday. It is soldiers like Kleiboeker sources, quality and outcomes, the month sential nexus between the past and the that are risking their lives day in and day out aims to eliminate health disparities through present by cosponsoring this bi-partisan legis- to ensure our freedom here at home and to several mechanisms. These mechanisms lation. others throughout the rest of the world. I sa- focus on cultivating public and private partner- f lute him and my best wishes go out to his ships among health care providers through en- family and all the troops fighting to ensure hancing social marketing, research, and legis- TRIBUTE TO RAYMOND C. CHURCH freedom and democracy. God bless them and lative concerns as well as strengthening ca- may God continue to bless America. reer training of professional health care pro- HON. PATRICK J. KENNEDY viders to promote cultural competency. OF RHODE ISLAND f Mr. Speaker, this is not a new issue for our IN THE HOUSE OF REPRESENTATIVES Nation. In fact, in 1914, the state of African- CURT GOWDY POST OFFICE American health was so dire that Booker T. Thursday, April 27, 2006 Washington established National Negro Health Mr. KENNEDY of Rhode Island. Mr. Speak- Week (NNHW) in 1915. Additionally, in 1921, er, it is with pleasure that I rise today to honor HON. BARBARA CUBIN when the NNHW committee wanted to expand Raymond C. Church, a life-long resident of the OF WYOMING to reach a wider audience, the U.S. Surgeon great state of Rhode Island, in recognition of IN THE HOUSE OF REPRESENTATIVES General assisted them and together they pub- his 16 years of service to the accounting pro- Thursday, April 27, 2006 lished the Negro Health Week Bulletin. fession and the Rhode Island Society of CPAs In the same vein as these events, National (RISCPA). Mrs. CUBIN. Mr. Speaker, I rise today to Minority Health Month also serves as a re- Ray has very ably led the RISCPA and its pay tribute to a great American broadcaster minder of how much work needs to be done nearly 1,500 CPAs and affiliated professionals who sadly passed away earlier this year but to eliminate health and healthcare inequities. throughout Rhode Island, and he is consid- left an indelible mark on America as ‘‘a cow- Although public health data dismisses overt ered a leader among his peers. It is on this boy at the microphone.’’ You may have known prejudice within the health care profession, in day that we thank him for his service to the him from his coverage of some of America’s reality what many minorities face is a less of- accounting profession, to the community and most famous sporting events, including Joe fensive, but equally deadly force. Borrowing a to his country, and wish him well in his retire- Namath’s famous ‘‘guaranteed’’ Super Bowl term often used by President Bush (in another ment. victory and Hank Aaron’s 715th career Home context): We are confronting ‘‘the soft bigotry Ray has also worked diligently for the citi- Run to surpass Babe Ruth; or you may have of low expectations.’’ zens of Rhode Island and particularly the resi- learned about his love for fly fishing and the Mr. Speaker, there is much research that dents of Rhode Island House District 48. Ray outdoors as host of The American Sportsman supports the need for focusing on eliminating was elected to the State of Rhode Island’s for 20 years. health disparities. In 2004, Dr. David Satcher, House of Representatives in 2004 and has A pioneer of TV sportscasting, Curtis Ed- now Director of the National Center for Pri- been serving on the House Committee on ward Gowdy was born July 31, 1919 in Green mary Care at Morehouse College, and Pro- Corporations and the Permanent Joint Com- River, Wyoming to Edward and Ruth Gowdy. fessor Stephen Woolfe, Director of Research mittee on Economic Development. He also Schooled at the University of Wyoming, Curt at Virginia Commonwealth University’s Depart- served as the North Smithfield Town Adminis- got his start in broadcasting in Cheyenne, Wy- ment of Family Medicine, released mortality trator from 1987–1989 and is the former oming. From there he went on to a career that data that their research team had gleaned Chairman of the North Smithfield Town Budget spanned 7 decades, 16 World Series, 12 from the National Center for Health Statistics. Committee. Rose Bowls, 9 Super Bowls, and 8 Olympiads During the 1990s, they concluded, more than Ray served his country honorably in the resulting in admission to 20 different Halls of 886,000 deaths could have been prevented if U.S. Army, and is a Vietnam War veteran. He Fame. While his career took him all across our African Americans had received the same attended Bryant College and graduated with a great country, we in Wyoming have always felt health care as White Americans. major in Accounting in 1982. Ray is not only a special bond with him as one of our own. Equally shocking are the findings released dedicated to his profession but to his family as That’s why I’m pleased to introduce legislation in the 2002 Institute of Medicine report—’’Un- well. He and his wife Carol have been married today to honor him by naming the post office equal Treatment: Confronting Racial and Eth- for 33 years and have one daughter, Jennifer. in his birthplace after this cowboy, broad- nic Health Disparities’’, which concluded with It is with great pleasure that we honor Ray- caster, sportsman, husband and father. I great authority that Americans of color receive mond C. Church today, and congratulate him would encourage my colleagues in the House lower-quality health care than Caucasians. It and thank him for all he has done for his to join me as a sponsor of this bill saluting further explains that African-Americans receive hometown, the state of Rhode Island, the as- Curt Gowdy, a man whose name is boldly inferior medical care—compared to the major- sociation community, and the accounting pro- etched in the pantheon of American broad- ity population—even when the patients’ in- fession. casters. comes and insurance plans are the same.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.117 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E666 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 Most shocking is that these disparities con- years. She served as Bergen County’s Repub- Each month, the California Department of tribute to our higher death rates from heart lican Committeewoman and has offered her Veterans Affairs forwards a list of returning disease, cancer, diabetes, HIV/AIDS and other talents and political acumen to candidates and veterans to the County VSO. This list includes life-endangering conditions. campaigns at every level. In fact, given the in- on average the names of 50 to 100 veterans Mr. Speaker, the disparities are real and tegral role Mrs. Nissley has played in New who have indicated an interest in receiving in- frightening. In fact, of the 46 million uninsured Jersey politics, the New Jersey Federation of formation on the services available for them Americans, at least 60 percent of Hispanic Republican Women named her Woman of the from the county. Upon their return each vet- Americans and more than 43 percent of Afri- Year. Her longtime friend and President of the eran receives a letter from the VSO and a can Americans are uninsured. Further, while NJFRW, Dot Romaine calls Eleanore ‘‘the copy of the county’s ‘‘Welcome Home’’ pam- African-Americans comprise only 12.3 percent epitome of the Republican woman.’’ phlet, which includes information on veterans’ of the population, we account for half of all of A native of Rutherford and an avid sports services, health care, employment assistance the newly diagnosed HIV/AIDS infections. Sta- fan, Eleanore has served on the Hackensack and other benefits. tistics also indicate that non-Hispanic whites Meadowlands Development Commission and The Veterans Service Office, working in col- have a higher 5–year cancer survival rate than the New Jersey Sports and Exposition Author- laboration with the Peninsula Veterans Center, minority populations. ity. Eleanore also gives her time and energy to explores every opportunity to speak to return- For this reason, I also would like to recog- the Boy Scouts, and she serves on the Board ing veterans of Operation Iraqi Freedom and nize National Minority Cancer Awareness of Directors for the Interchange Bank. Operation Enduring Freedom. These talks Week which is an important effort held during One would think, Mr. Speaker, with all that occur as frequently as weekly, or whenever the week of April 16–22. During the week, Eleanore Nissley gives to her community that the officials are invited to address groups, education is used as the weapon to empower she hasn’t a spare moment to herself. But, in such as new Transportation Security Adminis- the nation about the shocking disparities that fact, Mrs. Nissley’s business abilities are tration (TSA) employees—veterans who have are found within the population of individuals equally renowned. And, Eleanore is committed recently returned home. suffering from cancer. first and foremost to her family. The mother of I have heard from families that, even though Mr. Speaker, through these statistics, cou- four and grandmother of many, Eleanore al- there is understandable worry about a loved pled with both the Satcher-Woolfe and the In- ways finds time to devote to her loving lin- one in a combat zone, at least that worry is stitute of Medicine’s 2002 indictments of our eage. not joined by worry about financial disaster. I am pleased beyond words, Mr. Speaker, to nation’s health care system, it is safe to say For those deployed, the strain and stress of take this opportunity to add my thanks and that health and healthcare disparities are not separation from family is not compounded by praise to this chorus as well. Eleanore Nissley only factual, but they also have an over- financial worries. has time and time again given me advice and whelming negative impact on minority popu- Mr. Speaker, I am honored to draw attention counsel that is priceless. I value Eleanore’s lations. to the efforts of the Government of Santa friendship. And, I look forward to years of That is why dedication to keeping the harsh Clara County and its employees as they serve working with her to make North Jersey an reality of health care disparities in the public the needs of our returning veterans and those even better place to live and work and raise spotlight is essential. For it is should be mis- currently serving in Operation Iraqi Freedom a family. sion of this Congress to raise the expectations and Operation Enduring Freedom. of this society—it should also be our mission f Many in our country disagreed with the deci- to assure that all Americans receive the health HONORING THE EFFORTS OF THE sion to invade Iraq, but no American should care they deserve. GOVERNMENT OF SANTA CLARA disagree with the need to support our troops If we are to bring about this change—if we COUNTY, CALIFORNIA FOR ITS and their families while they serve and to as- are to substantially improve the health and life OUTSTANDING SERVICE TO ITS sist veterans after their active service is com- expectancy of all Americans, we must first CITIZENS SERVING IN AND RE- plete. fully appreciate the enormity of the challenge TURNING FROM OPERATION Santa Clara County, like other local govern- that we are confronting. We must also fun- IRAQI FREEDOM AND OPERATION ments in California, faces a fiscal bind. State damentally change the way that this nation ad- ENDURING FREEDOM and Federal governments have shifted costs dresses our public health challenges. In fact, to local government but in California, local too many Americans of every race are dying HON. ZOE LOFGREN governments have no ability to raise taxes in before their time. response. That means fiscal crunch time. Mr. Speaker, we still have a difficult road to OF CALIFORNIA Despite that, the people of Santa Clara travel before universal health care is recog- IN THE HOUSE OF REPRESENTATIVES County, led by its Board of Supervisors and nized as a basic civil right in this country. I Thursday, April 27, 2006 professional staff know this: the time of de- have been working on these health care prob- Ms. ZOE LOFGREN of California. Mr. ployment should not be fiscal crunch time for lems for quite a while now, and I am con- Speaker, I wish every employer in America the service member and family. vinced that the acceptance of universal health was able to follow the lead of the County of Let all employers, both public and private, care as a fundamental civil right will aid us in Santa Clara, California. County employees look to Santa Clara County as a model of em- ending the debilitating health care system that who are on active military duty in direct con- ployer behavior. is crumbling before us. In my mind, both sides nection with an armed conflict receive a salary Mr. Speaker, I am proud of efforts of the of the aisle can provide part of the answer to augmentation which, in combination with their Government of Santa Clara County and its this very big issue hampering our nation. military pay, provides 100% of their base sal- employees as they serve the needs of our re- f ary. Their employee benefits are also contin- turning veterans and those currently serving in IN HONOR OF THE CIVIC CON- ued while they are deployed. Employees re- Operation Iraqi Freedom and Operation En- TRIBUTIONS OF THE HONORABLE ceive this salary augmentation and benefits for during Freedom. I am proud of the citizens ELEANORE NISSLEY an indefinite period as long as they are in- and taxpayers of Santa Clara County who volved in military service. The effort to support stand behind these fine efforts. those in military service, guard and Reserves, f HON. SCOTT GARRETT doesn’t end there. OF NEW JERSEY The Veterans Service Office is a county NATIVE AMERICAN LANGUAGES IN THE HOUSE OF REPRESENTATIVES funded agency established in 1946, assisting ACT AMENDMENTS OF 2006 Thursday, April 27, 2006 veterans and their families to obtain the bene- Mr. GARRETT of New Jersey. Mr. Speaker, fits and services they have earned through HON. ED CASE I rise today to pay tribute to a true leader and their military services. The Veterans Service OF HAWAII visionary, the Honorable Eleanore Nissley of Office works closely with the Santa Clara IN THE HOUSE OF REPRESENTATIVES Ridgewood, New Jersey. Eleanore is being County Employment Committee (VEC). The Thursday, April 27, 2006 honored for her outstanding civic contributions mission of the VEC is to promote the employ- by the Center for Civic Responsibility next ment of veterans within the county by assist- Mr. CASE. Mr. Speaker, I am most pleased week. It is an honor richly deserved and long ing local employers in recruiting veterans for to introduce the Native American Languages overdue. job openings as well as providing employ- Amendments Act of 2006. This is a reintroduc- Eleanore Nissley has been a shining star in ment-related assistance services for job-seek- tion in revised form of my bill, H.R. 2362, from New Jersey politics and community life for 40 ing veterans. the 108th Congress.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.122 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS April 27, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E667 This vital legislation will authorize the Sec- ican languages. My bill continues this commit- over 12,000 participants, making it the largest retary of Education to provide grants to or ment by our federal government to ensure the such competition in the United States. Each enter into contracts with Native American lan- survival of these unique cultures and lan- year, this event adds energy and excitement guage educational organizations, Native Amer- guages. to the study of math and science for students ican language colleges, Indian tribal govern- In my home state, I am proud that the peo- across the country. Mr. Speaker, it is by inspir- ments, organizations that demonstrate the po- ple of Hawaii and the State of Hawaii have ing and supporting the next generation of tential to become Native American language strongly supported the revitalization of Hawai- America’s scientific leaders today that we can educational organizations, or consortia of such ian culture, art, and language. In 1978, for ex- ensure America’s competitiveness in the glob- entities, to establish Native American lan- ample, the State of Hawaii wrote into its con- al marketplace tomorrow. guage nests for students under the age of 7 stitution a specific declaration that Hawaiian is So once again, to the five promising young and their families. It will also authorize grants one of our two official languages, along with scholars from Naperville North representing to operate, expand, and increase the number English. This was a remarkable reversal from the Land of Lincoln in this weekend’s National of Native American language survival schools decades in which the very survival of the Na- Science Bowl, congratulations and good luck. throughout the country for Native American tive Hawaiian language was at risk due to be- nign neglect and to conscious efforts to dis- children and Native American language-speak- f ing children. courage its use. The bill also authorizes the establishment of There is also support for Hawaiian language INTELLIGENCE AUTHORIZATION four demonstration projects that will provide programs in both our public and private ACT FOR FISCAL YEAR 2007 assistance to Native American language sur- schools. At the forefront of these efforts have been supporters of Aha Punana Leo, a Hawai- vival schools and Native American language SPEECH OF nests. The programs selected are well known ian language immersion program which has nationally: all have over ten years of highly endeavored to include both students and par- HON. CAROLYN C. KILPATRICK ents in an exciting and innovative way to revi- successful operation, and are all Native Amer- OF MICHIGAN ican controlled. talize Hawaiian language and culture. Ms. The demonstration sites range from a state- Namaka Rawlins, Director of Aha Punana Leo, IN THE HOUSE OF REPRESENTATIVES and her husband, Dr. William (Pila) Wilson, wide system to a small localized program for Wednesday, April 26, 2006 under fifty students, and from programs re- have been pivotal in these efforts. The lessons stricted to elementary students to programs of family and community involvement in the The House in Committee of the Whole that go through high school and beyond. They preservation of the Hawaiian language that House on the State of the Union had under include programs on reservations, programs in they and others have proven are and can be consideration the bill (H.R. 5020) to authorize used by other native communities and cultures appropriations for fiscal year 2007 for intel- highly remote areas, and programs in urban ligence and intelligence-related activities of areas. Students enrolled in them include chil- across the country. While the Aha Punana Leo program initially the United States Government, the Commu- dren who are first language speakers and stu- nity Management Account, and the Central dents from families where the language has started with pre-school students, Hawaiian lan- Intelligence Agency Retirement and Dis- not been spoken for three generations. They guage survival schools were also established ability System, and for other purposes: to allow for students to graduate from high include programs with special strengths in Ms. KILPATRICK of Michigan. Mr. Chair- teacher training and in resource materials de- school. Over 2,000 students are currently en- rolled in Hawaiian language nests and survival man, I rise today for the purposes of explain- velopment. ing my vote on H.R. 5020, which this chamber The four sites selected are the four research schools. A Hawaiian language center—Hale Kuamoo—was eventually established at the considered yesterday. I have a high regard for sites in an ongoing national study of academic the intelligence officials that serve our country, effectiveness by prominent Native American University of Hawaii at Hilo with the collabora- tion of Aha Punana Leo as well as a Native and I strongly support efforts to make sure and non-Native American educational re- that they have the resources to complete their searchers and major research entities with ex- College—Ka Haka Ula O Keelikolani College. Both programs have been crucial in providing mission competently, professionally, thor- tensive experience in the field. The dem- oughly and legally. After listening to the de- onstration programs are authorized to use training to teachers in Hawaiian language, col- lege courses in Hawaiian, and graduate edu- bate on this bill, I reached the conclusion that technology in cooperating and coordinating this bill does nothing to rein in this Administra- their work with each other and with other par- cation in Hawaiian language and culture. The revitalization of the Hawaiian language tion’s domestic surveillance program con- ticipating Native American language programs. ducted by the National Security Agency. They will provide direction to the Secretary of in my state has been instrumental in the pres- Education in developing site visit evaluations ervation of Hawaiian culture, which is impor- This bill contains some good provisions. It of programs and may conduct follow-up data tant to all of us who call Hawaii home. Today’s imposes restrictions on the growth of the Na- collection that will be valuable in providing di- legislation will take this lesson nationwide in tional Director of intelligence to ensure re- rection to schools. continuing the commitment made by the fed- sources are applied to strengthening the intel- Lastly, the bill provides direction relative to eral government in 1990 and the progress that ligence community’s ability to penetrate hard addressing barriers that have prevented Na- has been made since that time to preserve targets, and not just add to the growth in bu- tive Americans from accessing education in Native American languages, including the Ha- reaucracy. It fully funds the counter-terrorism Native American languages. It also directs the waiian language. Mahalo, and aloha. program. However, the bill’s provisions con- Secretary of Education to provide for the inclu- f cerning oversight of domestic counterintel- ligence activity is tepid at best. sion of Native American language nests and NATIONAL SCIENCE BOWL Native American language survival schools in I believe we can conduct domestic intel- federal support for private schools and charter ligence activities in a manner that is consistent schools. HON. JUDY BIGGERT with the requirements of the Foreign Intel- The Native American Languages Amend- OF ILLINOIS ligence Surveillance Act (FISA) and the pro- IN THE HOUSE OF REPRESENTATIVES ments Act of 2006 is consistent with long- tections guaranteed under the U.S. Constitu- standing federal self-determination policies to- Thursday, April 27, 2006 tion. There exists a debate in this country if ward native peoples, which support the pro- Mrs. BIGGERT. Mr. Speaker, it is with great whether the NSA domestic surveillance pro- motion of economic and social self-sufficiency, pleasure that I rise today to congratulate the gram is being conducted within the limits of as well as the preservation and revitalization winners of the Illinois Regional Science the FISA. During the debate on the bill, I of native culture, languages, art, history, reli- Bowl—Sarah Carden, Alex Lapides, Jeremy learned several Members sought to offer a bi- gion, and values. Since language is a signifi- Lee, Tyler Mitchell, and Benjamin Xie. With partisan amendment clarifying that all surveil- cant factor in the perpetuation of native cul- the support of their coach, Mr. Kevin Farrell, lance of American citizens must follow the law tures, the federal government enacted the Na- these talented young students from Naperville and be consonant with the 4th Amendment of tive American Languages Act of 1990 urging North High School bested a field of Illinois the Constitution. The Rules Committee denied federal support for Native American lan- brightest for a chance to compete in the 16th us an opportunity to consider that amendment. guages, and the Native American Languages annual Department of Energy National Any process that denies us the opportunity to Act Amendments of 1992 establishing a grant Science Bowl. protect our constitutional guarantees does not program at the Administration for Native Amer- As the only federally sponsored science deserve my support, and for that reason, I icans to fund the preservation of Native Amer- competition, the National Science Bowl hosts voted against the passage of H.R. 5020.

VerDate Aug 31 2005 06:25 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 0626 Sfmt 9920 E:\CR\FM\A27AP8.126 E27APPT1 CCOLEMAN on PROD1PC71 with REMARKS E668 CONGRESSIONAL RECORD — Extensions of Remarks April 27, 2006 CONGRATULATIONS TO AVERY in October of 2004 to assume full-time duties sists and 1.13 steals in 31.2 minutes per JOHNSON; NBA’S COACH OF THE as an assistant coach. Prior to his coaching game. In 1999, he was a member of the YEAR FOR 2005–2006 debut, Avery compiled a stellar basketball re- NBA’s Championship team. sume at both the collegiate and professional Johnson became the 75th player in NBA HON. EDDIE BERNICE JOHNSON levels. Avery was a college standout at Southern history to play 1,000 career games in March of OF TEXAS 2003 and joined Calvin Murphy as the only IN THE HOUSE OF REPRESENTATIVES University where he led the NCAA in assists as a junior and senior. He was named the other player under 6-feet in height to reach Thursday, April 27, 2006 Southwestern Athletic Conference Player of that milestone. He also reached the 5,000 ca- Ms. EDDIE BERNICE JOHNSON of Texas. the Year and the MVP of the conference tour- reer assists plateau in February of 2000 Mr. Speaker, I rise today to join the chorus of nament both seasons as well. He still holds against the Minnesota Timberwolves. Dallas citizens and Mavericks fans across the several NCAA Division I records including the From 1990–92, he played with San Antonio, globe in saluting Dallas Mavericks head coach most assists in a single game, the highest sin- Denver, Houston and back to San Antonio. In Avery Johnson on his selection as the Na- gle season assists average and the highest eight of the next nine seasons (1992–2001), tional Basketball Association’s Coach of the career assists average. he was a member of the San Antonio Spurs. Year for the 2005–06 season. In only his first At 5–11 and 180 pounds Avery went He spent one year during that time in Golden full season as head coach of the Mavericks, undrafted out of college, yet he did not let this State (1993–94). He spent his last few sea- Avery Johnson is the first coach in the storied deter him from his ultimate goal of playing in sons with the Denver Nuggets, Golden State, history of the organization to receive the Na- the NBA. He first played for the United States and signed with Dallas as a player/coach prior tional Basketball Association’s most distin- Basketball League with the Palm Beach Sting- to the 2004–05 season prior to entering guished honor for coaches. This season rays in 1988. His tenacious play and rock solid coaching. Coach Johnson led the club to an outstanding leadership led to his signing as a free agent 60-win season, one of the best in franchise with the Seattle Supersonics later that year. Mr. Speaker, I am delighted to congratulate history. In his 16-year career with the NBA, Johnson Head Coach Avery Johnson on his selection In March of last year Avery Johnson as- played 1,054 games and averaged 8.4 points, as the National Basketball Association’s sumed the duties of head coach of the Dallas 5.5 assists and 1.7 rebounds in 25.3 minutes Coach of the Year. He is a proven leader and Mavericks after former head coach Don Nel- per game. Avery also played in 90 playoff I am certain he will continue to lead the Mav- son decided to step down. Prior to the season, games and started 73 of those contests. He ericks organization to new heights. GO MAV- Johnson announced his retirement as a player has playoff averages of 10.5 points, 6.2 as- ERICKS!

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HIGHLIGHTS The House received the United States Association of Former Members of Congress in the House Chamber. Senate educational contributions of the American Ballet Chamber Action Theatre throughout its 65 years of service as ‘‘Amer- Routine Proceedings, pages S3635–S3767 ica’s National Ballet Company’’. Pages S3761–64 Measures Introduced: Twenty bills and nine reso- Congratulating Charter Schools: Senate agreed to lutions were introduced, as follows: S. 2663–2682, S. Res. 453, congratulating charter schools and their S.J. Res. 35, and S. Res. 448–455. Pages S3703–04 students, parents, teachers, and administrators across Measures Reported: the United States for their ongoing contributions to Special Report entitled ‘‘Further Revised Alloca- education. Pages S3761–64 tions to Subcommittees of Budget Totals from the Honoring Malcolm P. McLean: Senate agreed to Concurrent Resolution for Fiscal Year 2006’’. (S. S. Res. 454, honoring Malcolm P. McLean as the fa- Rept. No. 109–251) S. 1955, to amend title I of the Employee Retire- ther of containerization. Pages S3761–64 ment Security Act of 1974 and the Public Health Honoring Terrance W. Gainer: Senate agreed to Service Act to expand health care access and reduce S. Res. 455, honoring and thanking Terrance W. costs through the creation of small business health Gainer, former Chief of the United States Capitol plans and through modernization of the health insur- Police. Page S3764 ance marketplace, with an amendment in the nature Emergency Supplemental Appropriations: Senate of a substitute. continued consideration of H.R. 4939, making S. 2292, to provide relief for the Federal judiciary emergency supplemental appropriations for the fiscal from excessive rent charges. S. 2557, to improve competition in the oil and year ending September 30, 2006, taking action on gas industry, to strengthen antitrust enforcement the following amendments proposed thereto: Pages S3639–92 with regard to industry mergers. Page S3703 Adopted: Measures Passed: Coburn Amendment No. 3641 (Division II), to Public Service Recognition: Committee on prohibit the availability of certain funds for the Na- Homeland Security and Governmental Affairs was tional Marine Fisheries Service to implement seafood discharged from further consideration of S. Res. 412, promotion strategies. (By 44 yeas to 51 nays (Vote expressing the sense of the Senate that public serv- No. 100), Senate earlier failed to table Division II ants should be commended for their dedication and of the amendment.) Pages S3669–71, S3671–73 continued service to the Nation during Public Serv- By a unanimous vote of 94 yeas (Vote No. 101), ice Recognition Week, May 1 through 7, 2006, and Byrd/Carper Amendment No. 3709, to express the the resolution was then agreed to. Pages S3760–61 sense of the Senate on requests for funds for military Democracy in Nepal: Senate agreed to S. Res. operations in Iraq and Afghanistan for fiscal years 451, expressing the support of the Senate for the re- after fiscal year 2007. Pages S3673–74, S3675 convening of the Parliament of Nepal and for an im- Warner Amendment No. 3621, to equalize au- mediate, peaceful transition to democracy. thorities to provide allowances, benefits, and gratu- Pages S3761–64 ities to civilian personnel of the United States Gov- Recognizing American Ballet Theatre: Senate ernment in Iraq and Afghanistan. Pages S3680–82 agreed to S. Res. 452, recognizing the cultural and D395

VerDate Aug 31 2005 05:24 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27AP6.REC D27APPT1 CCOLEMAN on PROD1PC71 with DIGEST D396 CONGRESSIONAL RECORD — DAILY DIGEST April 27, 2006 Allard/Durbin Amendment No. 3701, to provide Vitter Modified Amendment No. 3648, to expand funding for critical emergency structural repairs to the scope of use of amounts appropriated for hurri- the Capitol Complex utility tunnels. Pages S3683–84 cane disaster relief and recovery to the National Oce- Harkin/Grassley Amendment No. 3600, to limit anic and Atmospheric Administration for Oper- the compensation of employees funded through the ations, Research, and Facilities. Page S3639 Employment and Training Administration. Wyden Amendment No. 3665, to prohibit the Page S3688 use of funds to provide royalty relief for the produc- Murray (for Lugar) Amendment No. 3599, to in- tion of oil and natural gas. Pages S3639, S3641–68 crease by $8,000,000 and deposit in the Former So- Santorum Modified Amendment No. 3640, to in- viet Union Threat Reduction Account the amount crease by $12,500,000 the amount appropriated for appropriated for Cooperative Threat Reduction. the Broadcasting Board of Governors, to increase by Page S3691 $12,500,000 the amount appropriated for the De- Withdrawn: partment of State for the Democracy Fund, to pro- Coburn Amendment No. 3641 (Division III), to vide that such funds shall be made available for de- provide that Sec. 7030(b), relating to certain eco- mocracy programs and activities in Iran, and to pro- nomic development initiatives corrections, shall not vide an offset. Pages S3639–41 take effect. Pages S3675–76 Salazar/Baucus Amendment No. 3645, to provide Pending: funding for critical hazardous fuels and forest health McCain/Ensign Amendment No. 3616, to strike a projects to reduce the risk of catastrophic fires and provision that provides $74.5 million to states based mitigate the effects of widespread insect infestations. on their production of certain types of crops, live- Pages S3668–69 stock and or dairy products, which was not included Vitter Amendment No. 3668, to provide for the in the Administation’s emergency supplemental re- treatment of a certain Corps of Engineers project. Pages S3674–75 quest. Page S3639 Burr Amendment No. 3713, to allocate funds to McCain/Ensign Amendment No. 3617, to strike a the Smithsonian Institution for research on avian in- provision providing $6 million to sugarcane growers fluenza. Page S3675 in Hawaii, which was not included in the Adminis- Coburn (for Obama/Coburn) Amendment No. tration’s emergency supplemental request. Page S3639 3693, to reduce wasteful spending by limiting to the McCain/Ensign Amendment No. 3618, to strike reasonable industry standard the spending for admin- $15 million for a seafood promotion strategy that istrative overhead allowable under Federal contracts was not included in the Administration’s emergency and subcontracts. Pages S3676–77 supplemental request. Page S3639 Coburn (for Obama/Coburn) Amendment No. McCain/Ensign Amendment No. 3619, to strike 3694, to improve accountability for competitive con- the limitation on the use of funds for the issuance tracting in hurricane recovery by requiring the Di- or implementation of certain rulemaking decisions rector of the Office of Management and Budget to related to the interpretation of ‘‘actual control’’ of approve contracts awarded without competitive pro- Page S3639 airlines. cedures. Pages S3676–77 Warner Amendment No. 3620, to repeal the re- Coburn (for Obama/Coburn) Amendment No. quirement for 12 operational aircraft carriers within 3695, to improve financial transparency in hurricane the Navy. Pages S3639, S3682–83 recovery by requiring the Director of the Office of Coburn Amendment No. 3641 (Divisions IV Management and Budget to make information about through XIX), of a perfecting nature. Page S3639 Federal contracts publicly available. Pages S3676–77 Vitter Amendment No. 3627, to designate the Coburn (for Obama/Coburn) Amendment No. areas affected by Hurricane Katrina or Hurricane 3697, to improve transparency and accountability by Rita as HUBZones and to waive the Small Business establishing a Chief Financial Officer to oversee hur- Competitive Demonstration Program Act of 1988 ricane relief and recovery efforts. Pages S3676–77 for the areas affected by Hurricane Katrina or Hurri- Menendez Amendment No. 3675, to provide ad- cane Rita. Page S3639 ditional appropriations for research, development, ac- Vitter/Landrieu Modified Amendment No. 3626, quisition, and operations by the Domestic Nuclear to increase the limits on community disaster loans. Detection Office, for the purchase of container in- Pages S3639, S3671 spection equipment for developing countries, for the Vitter Modified Amendment No. 3628, to base implementation of the Transportation Worker Iden- the allocation of hurricane disaster relief and recovery tification Credential program, and for the training of funds to States on need and physical damages. Customs and Border Protection officials on the use Pages S3639, S3674 of new technologies. Pages S3677–79

VerDate Aug 31 2005 05:24 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D27AP6.REC D27APPT1 CCOLEMAN on PROD1PC71 with DIGEST April 27, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D397 Chambliss/Isakson Amendment No. 3702, relating rule XXII of the Standing Rules of the Senate, a clo- to the comprehensive review of the procedures of the ture vote will occur on Tuesday, May 2, 2006. Department of Defense on mortuary affairs. Page S3692 Pages S3679–80 A unanimous-consent agreement was reached pro- Murray (for Harkin) Amendment No. 3714, to in- viding that first degree amendments be filed at the crease by $8,500,000 the amount appropriated for desk in accordance with Rule XXII no later than Economic Support Fund assistance, to provide that 2:30 p.m., on Monday, May 1, 2006. Page S3760 such funds shall be made available to the United A unanimous-consent agreement was reached pro- States Institute of Peace for programs in Iraq and viding for further consideration of the bill at 2 p.m. Afghanistan, and to provide an offset. Page S3680 on Monday, May 1, 2006. Page S3764 Conrad/Clinton Amendment No. 3715, to offset Messages From the President: Senate received the the costs of defense spending in the supplemental following message from the President of the United appropriation. Page S3683 States: Levin Amendment No. 3710, to require reports Transmitting, pursuant to law, the notification of on policy and political developments in Iraq. an Executive Order blocking property of persons in Pages S3684–85 connection with the conflict in Sudan’s Darfur re- Schumer/Reid Amendment No. 3723, to appro- gion; which was referred to the Committee on Bank- priate funds to address price gouging and market ing, Housing, and Urban Affairs. (PM–46) manipulation and to provide for a report on oil in- Pages S3702–03 dustry mergers. Pages S3685–87 Nominations Confirmed: Senate confirmed the fol- Schumer Amendment No. 3724, to improve mari- lowing nominations: time container security. Pages S3685–87 25 Air Force nominations in the rank of general. Murray (for Kennedy) Amendment No. 3716, to 3 Army nominations in the rank of general. provide funds to promote democracy in Iraq. 1 Marine Corps nomination in the rank of general. Pages S3687–88 1 Navy nomination in the rank of admiral. Murray (for Kennedy) Amendment No. 3688, to Routine lists in the Air Force, Army, Marine provide funding for the covered countermeasures Corps, Navy. Pages S3759–60 process fund program. Pages S3687–88 Cornyn Amendment No. 3722, to provide for im- Nominations Received: Senate received the fol- migration injunction reform. Pages S3688–89 lowing nominations: Cornyn Amendment No. 3699, to establish a floor Robert J. Portman, of Ohio, to be Director of the to ensure that States that contain areas that were ad- Office of Management and Budget. versely affected as a result of damage from the 2005 Robert Anthony Bradtke, of Maryland, to be Am- hurricane season receive at least 3.5 percent of funds bassador to the Republic of Croatia. set aside for the CDBG program. Page S3689 James B. Lockhart III, of Connecticut, to be Di- Cornyn Amendment No. 3672, to require that the rector of the Office of Federal Housing Enterprise Secretary of Labor give priority for national emer- Oversight, Department of Housing and Urban De- gency grants to States that assist individuals dis- velopment for a term of five years. placed by Hurricanes Katrina or Rita. Pages S3689–91 Dale Klein, of Texas, to be Member of the Nu- Murray (for Byrd) Amendment No. 3708, to pro- clear Regulatory Commission for the term of five vide additional amounts for emergency management years expiring June 30, 2011. performance grants. Pages S3691–92 5 Air Force nominations in the rank of general. During consideration of this measure today, Senate 1 Army nomination in the rank of general. also took the following action: 3 Navy nominations in the rank of admiral. A unanimous-consent request was granted permit- Routine lists in the Army, Navy. Pages S3764–67 ting Senator Shelby to change his nay vote to a yea Messages From the House: Page S3700 vote on Vote No. 99 changing the outcome of the Measures Referred: Page S3700 vote to 50 yeas to 47 nays on Coburn Amendment No. 3641 (Division I), to prohibit the availability of Measures Read First Time: Page S3700 certain funds for the Rail Line Relocation Capital Enrolled Bills Presented: Pages S3700–01 Grant program, tabled on Wednesday, April 26, Executive Communications: Pages S3701–02 2006. Page S3638 A motion was entered to close further debate on Executive Reports of Committees: Page S3703 the bill and, in accordance with the provisions of Additional Cosponsors: Pages S3704–06

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Statements on Introduced Bills/Resolutions: Director for Regional Operations, J–3, and Rear Ad- Pages S3706–24 miral David J. Dorsett, USN, Director of Intel- Additional Statements: Page S3700 ligence, J–2, both of The Joint Staff. Amendments Submitted: Pages S3724–59 DROUGHT ISSUES Authorities for Committees to Meet: Page S3759 Committee on Commerce, Science, and Transportation: Sub- Privileges of the Floor: Page S3759 committee on Disaster Prevention and Prediction concluded an oversight hearing to examine drought Record Votes: Two record votes were taken today. research, monitoring, and forecasting issues and the (Total—101) Pages S3673, S3675 shortage of water, focusing on drought management Adjournment: Senate convened at 9:30 a.m., and in the United States, and the need to move the na- adjourned at 7:59 p.m., until 2 p.m., on Monday, tion to a more risk-based management approach to May 1, 2006. (For Senate’s program, see the remarks lessen the vulnerability to this natural hazard, after of the Majority Leader in today’s Record on page receiving testimony from Chester J. Koblinsky, Di- S3764.) rector, Climate Program Office, Office of Oceanic and Atmospheric Research, National Oceanic and Committee Meetings Atmospheric Administration, Department of Com- merce; former Wyoming Governor Jim Geringer, (Committees not listed did not meet) Environmental Systems Research Institute, Redlands, APPROPRIATIONS: IRS California, on behalf of the Alliance for Earth Obser- vations; and Donald A. Wilhite, University of Ne- Committee on Appropriations: Subcommittee on Trans- braska National Drought Mitigation Center, Lincoln. portation, Treasury, The Judiciary, Housing and Urban Development, and Related Agencies con- WESTERN HEMISPHERE TRAVEL cluded a hearing to examine proposed budget esti- INITIATIVE mates for fiscal year 2007 for the Internal Revenue Committee on Foreign Relations: Subcommittee on Service, Department of the Treasury, after receiving Western Hemisphere, Peace Corps and Narcotics Af- testimony from Mark Everson, Commissioner, Inter- fairs concluded a hearing to examine the progress of nal Revenue Service, Raymond T. Wagner, Jr., implementing the Western Hemisphere Travel Ini- Chairman, Internal Revenue Service Oversight tiative, which will require all travelers to and from Board, J. Russell George, Treasury Inspector General the Americas, the Caribbean, and Bermuda to have for Tax Administration, and Nina E. Olsen, National a passport or other accepted document that estab- Taxpayer Advocate, Taxpayer Advocate Service, all of lishes the bearer’s identity and nationality to enter the Department of the Treasury. or re-enter the United States, in order to strengthen CAPITOL VISITOR CENTER border security and facilitate entry into the United Committee on Appropriations: Subcommittee on Legisla- States for U.S. citizens and legitimate foreign visi- tive Branch resumed hearings to examine the tors, after receiving testimony from Senators Dorgan progress of Capitol Visitor Center (CVC) construc- and Schumer; Representatives Reynolds and Slaugh- tion, focusing on the installation and fabrication of ter; Paul Rosenzweig, Counselor (Policy Directorate) stone, and the acceptance testing of the CVC’s com- and Acting Assistant Secretary of Homeland Security plex fire and life-safety systems, receiving testimony for Policy Development; Frank E. Moss, Deputy As- from Alan M. Hantman, Architect, Robert C. sistant Secretary of State for Passport Services, Bu- Hixon, Jr., Capitol Visitor Center Project Manager, reau of Consular Affairs; Ken Oplinger, Bellingham/ Stephen Ayers, Chief Operating Officer, all of the Whatcom Chamber of Commerce and Industry, Bel- Office of the Architect of the Capitol; and Bernard lingham, Washington; Brian Sage, Northwest Angle L. Ungar, Director, and Terrell Dorn, Assistant Di- and Islands Homeowners Association, Angle Inlet, rector, both of Physical Infrastructure Issues, Gov- Minnesota; and Howard A. Zemsky, Greater Buffalo ernment Accountability Office. Niagara Partnership, Buffalo, New York, on behalf Hearings continue on Wednesday, May 24, 2006. of the Binational Tourism Alliance. MILITARY ACTIVITY BUSINESS MEETING Committee on Armed Services: Committee met in closed Committee on the Judiciary: Committee ordered favor- session to receive a briefing to examine operations ably reported the following business items: and intelligence from Peter W. Rodman, Assistant S. 2557, to improve competition in the oil and Secretary of Defense for International Security Af- gas industry, to strengthen antitrust enforcement fairs; Brigadier General Carter Ham, USA, Deputy with regard to industry mergers;

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S. 2292, to provide relief for the Federal judiciary per, of Pennsylvania, to be Under Secretary of Vet- from excessive rent charges; and erans Affairs for Benefits. The nominations of Michael Ryan Barrett, to be United States District Judge for the Southern Dis- VA RESEARCH trict of Ohio, Brian M. Cogan, to be United States Committee on Veterans’ Affairs: Committee concluded a District Judge for the Eastern District of New York, hearing to examine the Department of Veterans Af- Thomas M. Golden, to be United States District fairs medical and prosthetic research program, focus- Judge for the Eastern District of Pennsylvania, Tim- ing on funding basic science and clinical research, othy Anthony Junker, to be United States Marshal after receiving testimony from Jonathan B. Perlin, for the Northern District of Iowa, and Patrick Car- Under Secretary for Health, Joel Kupersmith, Chief roll Smith, Sr., of Maryland, to be United States Research and Development Officer, Richard F. Weir, Marshal for the Western District of North Carolina. Research Scientist, VA Prosthetics Research Labora- Also, Committee began markup of S. 2453, to es- tory, Jesse Brown, VA Medical Center (Chicago, Illi- tablish procedures for the review of electronic sur- nois), and Fred S. Wright, VA Connecticut veillance programs; S. 2455, to provide in statute for Healthcare System (West Haven), and Dennis L. Ste- the conduct of electronic surveillance of suspected vens, Veterans Affairs Medical Center (Boise, Idaho), terrorists for the purposes of protecting the Amer- both Associate Chiefs of Staff for Research, all of the ican people, the Nation, and its interests from ter- Department of Veterans Affairs; John R. Feussner, rorist attack while ensuring that the civil liberties of Medical University of South Carolina Department of United States citizens are safeguarded; and S. 2468, Medicine, Charleston; and John I. Kennedy, Jr., to provide standing for civil actions for declaratory University of Alabama at Birmingham, on behalf of and injunctive relief to persons who refrain from the Alliance for Academic Internal Medicine. electronic communications through fear of being subject to warrantless electronic surveillance for for- BUSINESS MEETING eign intelligence purposes, but did not complete ac- tion thereon, and recessed subject to the call. Select Committee on Intelligence: Committee met in closed session to consider pending intelligence mat- VOTING RIGHTS ACT ters. Committee on the Judiciary: Committee held a hearing Committee recessed subject to the call. to examine renewing the temporary provisions of the Voting Rights Act, ensuring that the right to vote continues to be protected to the full extent of Joint Meetings Congress’s constitutional authority, receiving testi- ECONOMIC OUTLOOK mony from Representatives Sensenbrenner, and Con- yers. Joint Economic Committee: Committee concluded hear- Hearing recessed subject to the call. ings to examine the current economic outlook, focus- ing on the monetary policy of the Federal Reserve, NOMINATIONS and incentives for investment activity, after receiving Committee on Veterans Affairs: Committee ordered fa- testimony from Ben Bernanke, Chairman, Board of vorably reported the nomination of Daniel L. Coo- Governors of the Federal Reserve System. h House of Representatives H.R. 3418, to amend the Reclamation Waste- Chamber Action water and Groundwater Study and Facilities Act to Public Bills and Resolutions Introduced: 36 pub- authorize the Secretary of the Interior to participate lic bills; H.R. 5216–5251; and 7 resolutions, H.J. in the Central Texas Water Recycling and Reuse Res. 84; H. Con. Res. 395–396; and H. Res. Project, with an amendment (H. Rept. 109–442); 784–787 were introduced. Pages H1915–16 H.R. 4013, to amend the Reclamation Projects Additional Cosponsors: Pages H1917–18 Authorization and Adjustment Act of 1992 to pro- vide for conjunctive use of surface and groundwater Reports Filed: Reports were filed today as follows: in Juab County, Utah (H. Rept. 109–443);

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H.R. 4686, to reauthorize various fisheries man- parency with respect to lobbying activities, by a yea- agement laws, with an amendment (H. Rept. and-nay vote of 216 yeas to 207 nays, Roll No. 110. 109–444); Pages H1877–86, H1887–88 H.R. 5112, to provide for reform in the oper- Tax Relief Act of 2005—Motion to Instruct Con- ations of the executive branch (H. Rept. 109–445); ferees: The House rejected the McDermott motion and to instruct conferees on H.R. 4297, to provide for H. Res. 724, honoring Leonidas Ralph Mecham, reconciliation pursuant to section 201(b) of the con- Director of the Administrative Office of the United current resolution on the budget for fiscal year 2006, States Courts and Secretary of the Judicial Con- which was debated yesterday, April 26th, by a yea- ference of the United States (H. Rept. 109–446). and-nay vote of 190 yeas to 232 nays, Roll No. 109. Pages H1914–15 Pages H1886–87 Chaplain: The prayer was offered by the guest Meeting Hour: Agreed that when the House ad- Chaplain, Rev. Don Borling, Pastor, All Saints Lu- journs today it adjourn to meet at noon on Monday, theran Church, Oakland Park, Illinois. Page H1855 May 1st, and further, when the House adjourns on Recess: The House recessed at 9:12 a.m. and recon- that day, it adjourn to meet at 12:30 p.m. on Tues- vened at 10:55 a.m. Page H1855 day, May 2, 2006, for Morning Hour debate. Reception in the House Chamber to Receive Page H1889 Former Members of Congress: The House recessed Calendar Wednesday: Agreed by unanimous con- to receive the United States Association of Former sent to dispense with the Calendar Wednesday busi- Members of Congress in the House Chamber. Later, ness of Wednesday, May 3, 2006. Page H1889 agreed to the Dreier motion that the proceedings Supporting the goals and ideals of the National had during the recess be printed in the RECORD. Arbor Day Foundation and National Arbor Day: Pages H1855, H1872 The House agreed by unanimous consent to H. Con. Lobbying Accountability and Transparency Act Res. 383, to support the goals and ideals of the Na- of 2006—Rule for Consideration: The House tional Arbor Day Foundation and National Arbor began debate on H. Res. 783, the rule providing for Day. Pages H1889–90 consideration of H.R. 4975, to provide greater trans- parency with respect to lobbying activities, and was Presidential Message: Read a letter from the Presi- subsequently withdrawn. Pages H1855–72, H1877 dent wherein he transmitted notification of his issuance of an Executive Order blocking property of Recess: The House recessed at 11:35 a.m. and re- persons in connection with the conflict in Sudan’s convened at 3:41 p.m. Pages H1874–77 Darfar Region—referred to the Committee on Inter- Agreed by unanimous consent that the House va- national Relations and ordered printed (H. Doc. cate the ordering of the yeas and nays on adoption 109–101). Page H1890 of H. Con. Res. 357 and H. Con. Res. 349 to the end that the Chair may put the question on the res- Quorum Calls—Votes: Two yea-and-nay votes de- olutions de novo. Page H1877 veloped during the proceedings of the House today and appear on pages H1886–87 and H1887–88. Suspensions—Proceedings Resumed: The House There were no quorum calls. agreed to suspend the rules and pass the following measures which were debated on Tuesday, April Adjournment: The House met at 9 a.m. and ad- 25th: journed at 9 p.m. Supporting the goals and ideals of National Cystic Fibrosis Awareness Month: H. Con. Res. Committee Meetings 357, to support the goals and ideals of National Cys- tic Fibrosis Awareness Month; and Page H1877 FUTURE MARKET AND GASOLINE PRICES Authorizing the use of Capitol Grounds for the Committee on Agriculture: Held a hearing to review the Greater Washington Soap Box Derby: H. Con. Res. Futures Market and Gasoline Prices. Testimony was 349, to authorize the use of the Capitol Grounds for heard from Walter L. Lukken, Commissioner, Com- the Greater Washington Soap Box Derby. Page H1877 modity Futures Trading Commission; and James E. Lobbying Accountability and Transparency Act Newsome, President and Chief Executive Officer, of 2006—Rule for Consideration: The House New York Mercantile Exchange. agreed to H. Res. 783, the rule providing for consid- eration of H.R. 4975, to provide greater trans-

VerDate Aug 31 2005 05:24 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D27AP6.REC D27APPT1 CCOLEMAN on PROD1PC71 with DIGEST April 27, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D401 SCIENCE, THE DEPARTMENTS OF STATE, RYAN WHITE CARE ACT JUSTICE, AND COMMERCE, AND RELATED REAUTHORIZATION AGENCIES APPROPRIATIONS Committee on Energy and Commerce: Subcommittee on Committee on Appropriations: Subcommittee on Science, Health held a hearing entitled ‘‘Reauthorizing the the Departments of State, Justice, Commerce, and Ryan White CARE Act: How to Improve the Pro- Related Agencies held a hearing on the SEC. Testi- gram to Ensure Access to Care.’’ Testimony was mony was heard from Christopher Cox, Chairman, heard from the following officials of the Department SEC. of Health and Human Services: Elizabeth M. Duke, Administrator, Health Resources and Services Ad- NATIONAL DEFENSE AUTHORIZATION ministration; and Kevin Fenton, M.D., Director, Na- ACT OF 2007 tional Center for HIV, STD, and TB Prevention, Committee on Armed Services: Subcommittee on Projec- Centers for Disease Control and Prevention; and tion Forces approved for full Committee action H.R. Marcia Crosse, Director, Health Care, GAO. 5122, National Defense Authorization Act for Fiscal Year 2007. FOREIGN INVESTMENT IN THE U.S. Committee on Financial Services: Subcommittee on Do- NATIONAL DEFENSE AUTHORIZATION mestic and International Monetary Policy, Trade and ACT OF 2007 Technology held a hearing entitled ‘‘CFIUS and the Committee on Armed Services: Subcommittee on Readi- Role of Foreign Direct Investment in the United ness approved for full Committee action H.R. 5122, States.’’ Testimony was heard from public witnesses. National Defense Authorization Act for Fiscal Year 2007. PERSISTENT MILITARY PAY PROBLEMS NATIONAL DEFENSE AUTHORIZATION Committee on Government Reform: Held a hearing enti- ACT OF 2007 tled ‘‘Financial Friendly Fire: A Review of Persistent Military Pay Problems.’’ Testimony was heard from Committee on Armed Services: Subcommittee on Ter- Gregory Kutz, Director, Forensic Audits and Special rorism, Unconventional Threats and Capabilities ap- Investigations, GAO: the following officials of the proved for full Committee action H.R. 5122, Na- Department of Defense: J. David Patterson, Principal tional Defense Authorization Act for Fiscal Year Deputy Under Secretary, Office of the Comptroller; 2007. Nelson Ford, Principal Deputy Assistant Secretary of the Army, Financial Management and Comptroller; WORKPLACE HEALTH AND SAFETY Zach E. Gaddy, Director, Defense Finance Account- STANDARDS ing Service; LTC John M. Lovejoy, U.S. Army Re- Committee on Education and the Workforce: Sub- servist, 364th Civil Affairs Brigade; Mark Lewis, As- committee on Workforce Protections held a hearing sistant Deputy Chief of Staff, G–1, Department of entitled ‘‘Examining the Use of Non-Consensus the Army; and COL Mark McAllister, Finance Offi- Standards in Workplace Health and Safety.’’ Testi- cer, 18th Airbourne Corps; and public witnesses. mony was heard from public witnesses. BRIEFING—GAO REPORT—INFORMATION PIPELINE SAFETY SHARING Committee on Energy and Commerce: Subcommittee on Committee on Homeland Security: Subcommittee on Intel- Energy and Air Quality held a hearing on Pipeline ligence, Information Sharing and Terrorism met in execu- Safety: A Progress Report Since the Enactment of tive session to receive a briefing on the GAO report In- the Pipeline Safety Improvement Act of 2002. Testi- formation Sharing: The Federal Government Needs To mony was heard from the following officials of the Establish Policies and Processes for Sharing Terrorism-Re- Department of Transportation: Stacey L. Gerard, lated and Sensitive but Unclassified Information Acting Administrator/Chief Safety Officer, Pipeline (GAO–06–385). The Subcommittee was briefed by de- and Hazardous Materials Administration; and Theo- partmental witnesses. dore Alves, Principal Assistant Inspector General for Audit and Evaluation; Robert Chipkevich, Director, UNITED NATIONS REFORM Office of Railroad, Pipeline, and Hazardous Materials Committee on International Relations: Held a hearing on Investigations, National Transportation Safety Board; United Nations Reform: Improving Internal Over- Katherine Siggerud, Director, Physical Infrastructure sight Within the UN. Testimony was heard from Issues, GAO; and public witnesses. David M. Walker, Comptroller General, GAO.

VerDate Aug 31 2005 05:24 Apr 28, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D27AP6.REC D27APPT1 CCOLEMAN on PROD1PC71 with DIGEST D402 CONGRESSIONAL RECORD — DAILY DIGEST April 27, 2006 NORTH KOREA—HUMAN RIGHTS UPDATE National Historic Park Designation Act. Testimony Committee on International Relations: Subcommittee on was heard from Representatives McCollum of Min- Asia and the Pacific and the Subcommittee on Afri- nesota, Wamp and Turner; Christopher Jarvi, Asso- ca, Global Human Rights and International Oper- ciate Director, Partnerships, Interpretation and Edu- ations held a joint hearing on North Korea: Human cation, Volunteers, and Outdoor Recreation, Na- Rights Update and International Abduction Issues. tional Park Service, Department of the Interior; and Testimony was heard from Jay Lefkowitz, Special public witnesses. Envoy for Human Rights in North Korea, Depart- H–PRIZE ACT OF 2006 ment of State; and public witnesses. Committee on Science: Held a hearing on H.R. 5143, OVERSIGHT—CONSTITUTION AND LINE H–Prize Act of 2006. Testimony was heard from ITEM VETO public witnesses. Committee on the Judiciary: Subcommittee on the Con- HEALTHCARE AND SMALL BUSINESS stitution held an oversight hearing on the Constitu- tion and Line Item Veto. Testimony was heard from Committee on Small Business: Subcommittee on Work- Representatives Kennedy of Minnesota and Ryan of force Empowerment and Government Programs held Wisconsin; and public witnesses. a hearing entitled ‘‘Healthcare and Small Business: Proposals That Will Help Lower Costs and Cover OVERSIGHT—PATENT HARMONIZATION the Uninsured.’’ Testimony was heard from Rep- Committee on thr Judiciary: Subcommittee on Courts, resentative Shadegg, Robert J. Carroll, Deputy As- the Internet, and Intellectual Property held an over- sistant Secretary, Tax Analysis, Department of the sight hearing on Patent Harmonization. Testimony Treasury; and public witnesses. was heard from public witnesses. OVERSIGHT—OIL POLLUTION ACT OVERSIGHT—PUERTO RICO’S STATUS IMPLEMENTATION Committee on Resources: Held an oversight hearing on Committee on Transportation and Infrastructure: Sub- The Report by the Administration’s Task Force on committee on Coast Guard and Maritime Transpor- Puerto Rico’s Status. Testimony was heard from C. tation held an oversight hearing on Implementation Kevin Marshall, Deputy Assistant Attorney General, of the Oil Pollution Act. Testimony was heard from Office of Legal Counsel, Department of Justice and the following officials of the United States Coast Co-Chair, President’s Task Force on Puerto Rico’s Guard, Department of Homeland Security: RADM Status; Senator Pedro Rossello, Senate of Puerto Thomas H. Gilmour, USCG, Assistant Commandant Rico; former Resident Commissioner Carlos A. Ro- for Marine Safety, Security and Environmental Pro- mero-Barcelo of Puerto Rico; and public witnesses. tection; and Jan P. Lane, Director, National Pollu- OVERSIGHT—BIOMASS ENERGY tion Funds Center; and David Kennedy, Director, Office of Response and Restoration, NOAA, Depart- Committee on Resources: Subcommittee on Forests and ment of Commerce. Forest Health held an oversight hearing on the GAO Report on Promoting Woody Biomass for Energy VETERANS LEGISLATION and Other Uses. Testimony was heard from Robin Committee on Veterans’ Affairs: Subcommittee on Eco- M. Nazzaro, Director, Natural Resources and Envi- nomic Opportunity held a hearing on the following: ronment, GAO; Marcia Patton-Mallory, Biomass and H.R. 4791, Disabled Veterans Adaptive Housing Bioenergy Coordinator, Forest Service, USDA; Rich- Improvement Act; the Veterans Employment State ard Moorer, Deputy Assistant Secretary, Technology Grant Improvement Act of 2006; the GI Bill Flexi- Department, Department of Energy; and public wit- bility Act of 2006; the Veterans and Credentialing nesses. Act of 2006; and a proposal to amend H.R. 3082, MISCELLANEOUS MEASURES Veterans-Owned Small Business Promotion Act of Committee on Resources: Subcommittee on National 2005. Testimony was heard from Gordon Mansfield, Parks held a hearing on the following bills: H.R. Deputy Secretary, Department of Veterans Affairs; 1796, Mississippi River Trail Study Act; H.R. 3085, Charles Ciccolella, Assistant Secretary, Veterans’ Em- to amend the National Trails System Act to update ployment and Training, Department of Labor; rep- the feasibility and suitability study originally pre- resentatives of veterans organizations; and a public pared for the Trail of Tears National Historic Trail witness. and provide for the inclusion of new trail segments, BRIEFING—GLOBAL UPDATES/HOTSPOTS land components, and campgrounds associated with Permanent Select Committee on Intelligence: Met in execu- that trail; and H.R. 4612 Wright Brothers-Dunbar tive session to receive a briefing on Global Updates/

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Hotspots. The Committee was briefed by departmental the proposed National Defense Authorization Act for fis- witnesses. cal year 2007, 5:30 p.m., SR–222. f May 3, Subcommittee on SeaPower, closed business meeting to markup those provisions which fall under the COMMITTEE MEETINGS FOR FRIDAY, subcommittee’s jurisdiction of the proposed National De- APRIL 28, 2006 fense Authorization Act for fiscal year 2007, 9 a.m., SR–222. (Committee meetings are open unless otherwise indicated) May 3, Subcommittee on Airland, closed business Senate meeting to markup those provisions which fall under the subcommittee’s jurisdiction of the proposed National De- No meetings/hearings scheduled. fense Authorization Act for fiscal year 2007, 10 a.m., House SR–232A. May 3, Subcommittee on Strategic Forces, closed busi- Committee on Government Reform, hearing entitled ‘‘Mak- ness meeting to markup those provisions which fall under ing the Grade? Examining District of Columbia Public the subcommittee’s jurisdiction of the proposed National Schools Reform Proposals,’’ 10 a.m., 2154 Rayburn. Defense Authorization Act for fiscal year 2007, 11:30 f a.m., SR–222. May 3, Full Committee, closed business meeting to CONGRESSIONAL PROGRAM AHEAD markup the proposed National Defense Authorization Act Week of May 1 through May 6, 2006 for fiscal year 2007, 2:30 p.m., SR–222. May 4, Full Committee, closed business meeting to Senate Chamber markup the proposed National Defense Authorization Act On Monday, at 2 p.m., Senate will resume consid- for fiscal year 2007, 9:30 a.m., SR–222. eration of H.R. 4939, Emergency Supplemental Ap- May 5, Full Committee, closed business meeting to propriations. Also, at 5:30 p.m. Senate expects to markup the proposed National Defense Authorization Act vote on the confirmation of a judicial nomination. for fiscal year 2007, 9:30 a.m., SR–222. Committee on the Budget: May 2, to hold hearings to ex- On Tuesday, Senate will continue consideration of amine S. 2381, to amend the Congressional Budget and H.R. 4939, Emergency Supplemental Appropria- Impoundment Control Act of 1974 to provide line item tions, with a vote on the motion to invoke cloture rescission authority, 9:30 a.m., SD–608. on the bill. Committee on Commerce, Science, and Transportation: May During the balance of the week, Senate expects to 2, Subcommittee on Science and Space, to hold hearings continue consideration of H.R. 4939, Emergency to examine National Science Foundation, 2:30 p.m., Supplemental Appropriations, and may consider any SD–562. other cleared legislative and executive business. May 4, Subcommittee on Surface Transportation and Merchant Marine, to hold hearings to examine protecting Senate Committees consumers from fraudulent practices in the moving indus- (Committee meetings are open unless otherwise indicated) try, 10 a.m., SD–562. Committee on Agriculture, Nutrition, and Forestry: May 2, May 4, Subcommittee on Trade, Tourism, and Eco- to hold hearings to examine the implementation of the nomic Development, to hold hearings to examine pro- peanut provisions of the Farm Security and Rural Invest- moting economic development opportunities through ment Act of 2002, 9:30 a.m., SH–216. nano commercialization, 2:30 p.m., SD–562. Committee on Appropriations: May 3, Subcommittee on Committee on Energy and Natural Resources: May 1, to re- Legislative Branch, to hold hearings to examine proposed sume hearings to examine the economic and environ- budget estimates for fiscal year 2007 for the Government mental issues associated with coal gasification technology Printing Office, Congressional Budget Office, and Office and on implementation of the provisions of the Energy of Compliance, 10:30 a.m., SD–138. Policy Act of 2005 addressing coal gasification, 2:30 Committee on Armed Services: May 2, Subcommittee on p.m., SD–366. Personnel, closed business meeting to markup those pro- May 4, Full Committee, to hold hearings to examine visions which fall under the subcommittee’s jurisdiction the nomination of Dirk Kempthorne, of Idaho, to be Sec- of the proposed National Defense Authorization Act for retary of the Interior, 10 a.m., SD–366. fiscal year 2007, 2:30 p.m., SR–222. Committee on Homeland Security and Governmental Affairs: May 2, Subcommittee on Readiness and Management May 2, business meeting to consider S. 2459, to improve Support, closed business meeting to markup those provi- cargo security, H.R. 2066, to amend title 40, United sions which fall under the subcommittee’s jurisdiction of States Code, to establish a Federal Acquisition Service, to the proposed National Defense Authorization Act for fis- replace the General Supply Fund and the Information cal year 2007, 3:30 p.m., SR–232A. Technology Fund with an Acquisition Services Fund, and May 2, Subcommittee on Emerging Threats and Capa- the nominations of Uttam Dhillon, of California, to be bilities, closed business meeting to markup those provi- Director of the Office of Counternarcotics Enforcement, sions which fall under the subcommittee’s jurisdiction of Department of Homeland Security, Mark D. Acton, of

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Kentucky, to be a Commissioner of the Postal Rate Com- ‘‘Reducing Vulnerabilities to Weapons of Mass Destruc- mission, and a committee report entitled ‘‘Hurricane tion,’’ 5 p.m., H2–176 Ford. Katrina: A Nation Still Unprepared’’, 10 a.m., SD–342. May 4, Subcommittee on Prevention of Nuclear and Committee on the Judiciary: May 2, to hold hearings to Biological Attack, to continue hearings entitled ‘‘Bio- examine Federal Bureau of Investigation oversight, 9:30 Science and the Intelligence Community (Part II): Clos- a.m., SD–226. ing the Gap,’’ 2 p.m., room to be announced. May 2, Full Committee, to hold hearings to examine Committee on International Relations, May 3, Sub- certain judicial and executive nominations, 4 p.m., committee on Europe and Emerging Threats, hearing on SD–226. The United States and NATO: Transformation and the Select Committee on Intelligence: May 3, closed business Riga Summit, 1 p.m., 2172 Rayburn. meeting to consider pending calendar business, 2:30 May 4, Subcommittee on Africa, Global Human p.m., SH–219. Rights and International Operations, hearing on Ger- May 4, Full Committee, to hold closed hearings to ex- many’s World Cup Brothels: 40,000 Women and Chil- amine certain intelligence matters, 2:30 p.m., SH–219. dren at Risk of Exploitation through Trafficking, 2 p.m., Special Committee on Aging: May 3, to hold hearings to 2200 Rayburn. examine the future of social services for older Americans, May 4, Subcommittee on Oversight and Investigations, 10 a.m., SD–106. hearing on Technology and Counterproliferation, 2 p.m., 2172 Rayburn. House Committees Committee on the Judiciary, May 3, Subcommittee on Crime, Terrorism, and Homeland Security, hearing on the Committee on Appropriations, May 3, Subcommittee on following bills: H.R. 1384, Firearm Commerce Mod- Science, the Departments of State, Justice, and Com- ernization Act; and H.R. 1415, NICS Improvement Act, merce, and Related Agencies, on State Department, Pub- 10 a.m., 2141 Rayburn. lic Diplomacy, 10 a.m., 2359 Rayburn. May 4, Subcommittee on the Constitution, hearings on Committee on Armed Services, May 3, to mark up H.R. a measure to Reauthorize and Amend the Voting Rights 5122, National Defense Authorization Act for Fiscal Year Act of 1965, Part 1, 9 a.m., and Part II, 2 p.m., 2141 2007, 10:30 a.m., 2118 Rayburn. Rayburn. Committee on Education and the Workforce, May 2, Sub- Committee on Resources, May 3, hearing on the following committee on Select Education, hearing on the Seniors bills; H.R. 5018, American Fisheries Management and Independence Act of 2006, 2:30 p.m., 2175 Rayburn. Maine Life Enhancement Act; and H.R. 1431, Fisheries May 3, full Committee, hearing entitled ‘‘Building Science and Management Enhancement Act of 2005, 10 American Competitiveness: Examining the Scope and a.m., 1324 Longworth. Success of Existing Federal Math and Science Programs,’’ May 3, Subcommittee on Water and Power and the 10:30 a.m., 2175 Rayburn. Subcommittee on Forests and Forest Health, joint over- May 4, Subcommittee on Employer-Employee Rela- sight hearing on The Need for Proper Forest Management tions, hearing entitled ‘‘Examining the Impact of State on Federal Rights of Way To Ensure Reliable Electricity Mandates on Employer-Provided Health Insurance,’’ Service, 10 a.m., 1334 Longworth. 10:30 a.m., 2175 Rayburn. May 4, Subcommittee on Energy and Mineral Re- Committee on Energy and Commerce, May 3, Subcommittee sources, oversight hearing on the Future of Federal Coal: on Commerce, Trade, and Consumer Protection, to con- Status, Availability and Impact of Technological Ad- tinue hearings entitled ‘‘Digital Content and Enabling vances in Using Coal To Create Alternative Energy Re- Technology: Satisfying the 21st Century Consumer,’’ 10 sources, 10 a.m., 1324 Longworth. a.m., 2123 Rayburn. May 4, Subcommittee on Fisheries and Oceans, hearing May 3, Subcommittee on Oversight and Investigations, on H.R. 3835, National Ocean Exploration Program Act, to continue hearings entitled ‘‘Sexual Exploitation of 2 p.m., 1324 Longworth. Children Over the Internet: What Parents, Kids and Con- Committee on Science, May 3, hearing on the Role of the gress Need To Know About Child Predators,’’ 2 p.m., National Science Foundation in K–12 Science and Math 2123 Rayburn. Education, 10 a.m., 2318 Rayburn. Committee on Financial Services, May 3, hearing entitled May 4, Subcommittee on Environment, Technology, ‘‘Protecting Investors and Fostering Efficient Markets: A and Standards, hearing on Improving Drought Moni- Review of the S.E.C. Agenda,’’ 10 a.m., 2128 Rayburn. toring and Preparedness: H.R. 5136, National Integrated Committee on Government Reform, May 2, Subcommittee Drought Information System Act of 2006; followed by on National Security, Emerging Threats and International mark up of H.R. 5136, 10 a.m., 2318 Rayburn. Relations, 10 a.m., 2154 Rayburn. Committee on Small Business, May 3, hearing entitled: May 4, full Committee, to consider pending business; Sarbanes-Oxley Section 404: What Is the Proper Balance followed by a hearing entitled ‘‘Sifting Through Katrina’s Between Investor Protection and Capital Formation for Legal Debris: Contracting in the Eye of the Storm,’’ 10 Smaller Public Companies? 2 p.m., 2360 Rayburn. a.m., 2154 Rayburn. May 3, Subcommittee on Rural Enterprises, Agri- Committee on Homeland Security, May 2, Subcommittee culture and Technology, hearing entitled ‘‘The Future of on Prevention of Nuclear and Biological Attack, execu- Rural Telecommunications: Is Universal Service Reform tive, briefing on the Defense Science Board’s 2005 study Needed?’’ 10 a.m., 2360 Rayburn.

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Committee on Transportation and Infrastructure, May 3, prescription drug benefit known as Part D, 10 a.m., 1100 Subcommittee on Aviation, oversight hearing on Mis- Longworth. handled Baggage: Problems and Solutions, 10 a.m., 2167 May 4, Subcommittee on Human Resources, hearing Rayburn. on unemployment compensation aspects of U.S. Depart- May 4, Subcommittee on Water Resources and Envi- ment of Labor Fiscal Year 2007 Budget, 10 a.m., B–318 ronment, hearing on The Chesapeake Bay Program Reau- Rayburn. thorization; and H.R. 4126, Chesapeake Bay Restoration Permanent Select Committee on Intelligence, May 4, hearing Enhancement Act of 2005, 10 a.m., 2167 Rayburn. on Al-Qaeda Use of Strategic Communications,’’ 10 a.m., Committee on Ways and Means, May 3, Subcommittee on 2247 Rayburn. Health, hearing on implementation of the new Medicare

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, May 1 12 noon, Monday, May 1

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Tuesday: To be announced. of H.R. 4939, Emergency Supplemental Appropriations. Also, at 5:30 p.m. Senate expects to vote on the con- firmation of a judicial nomination.

Extensions of Remarks, as inserted in this issue

HOUSE Garrett, Scott, N.J., E672 Matsui, Doris O., Calif., E649 Gerlach, Jim, Pa., E651, E652, E655, E656 Meek, Kendrick B., Fla., E647 Baca, Joe, Calif., E636, E661 Gordon, Bart, Tenn., E650 Moore, Dennis, Kans., E670 Berman, Howard L., Calif., E644 Green, Gene, Tex., E630, E645 Nadler, Jerrold, N.Y., E642, E662 Biggert, Judy, Ill., E673 Harman, Jane, Calif., E650 Norton, Eleanor Holmes, D.C., E658 Bishop, Rob, Utah, E641 Hart, Melissa A., Pa., E640, E641, E642, E643, E644, Payne, Donald M., N.J., E663 Bishop, Sanford D., Jr., Ga., E666 E644, E645, E646 Pombo, Richard W., Calif., E668 Blumenauer, Earl, Ore., E634 Hastings, Alcee L., Fla., E642 Porter, Jon C., Nev., E629, E632, E634, E640, E641, Butterfield, G.K., N.C., E649 Hensarling, Jeb, Tex., E670 E641, E642, E643, E644, E645, E646, E647, E648, E668 Capito, Shelley Moore, W.Va., E666 Higgins, Brian, N.Y., E630, E669 Price, David E., N.C., E667 Cardin, Benjamin L., Md., E647 Hinojosa, Rube´n, Tex., E664 Rangel, Charles B., N.Y., E653, E656, E657, E661 Carnahan, Russ, Mo., E646 Honda, Michael M., Calif., E662 Ryan, Tim, Ohio, E648 Case, Ed, Hawaii, E666, E672 Hooley, Darlene, Ore., E647 Sanders, Bernard, Vt., E664 Clyburn, James E., S.C., E655, E657 Hoyer, Steny H., Md., E668 Schiff, Adam B., Calif., E632, E643, E661 Conyers, John, Jr., Mich., E664 Hulshof, Kenny C., Mo., E651 Schwartz, Allyson Y., Pa., E636 Costa, Jim, Calif., E640, E641 Hunter, Duncan, Calif., E645 Serrano, Jose´ E., N.Y., E634, E636 Costello, Jerry F., Ill., E666 Johnson, Eddie Bernice, Tex., E674 Sessions, Pete, Tex., E640 Cramer, Robert E. (Bud), Jr., Ala., E649 Kennedy, Patrick J., R.I., E671 Shaw, E. Clay, Jr., Fla., E667 Cubin, Barbara, Wyo., E671 Kilpatrick, Carolyn C., Mich., E673 Sherman, Brad, Calif., E662 Cuellar, Henry, Tex., E650 Kolbe, Jim, Ariz., E655, E657 Shimkus, John, Ill., E671 Cummings, Elijah E., Md., E670, E671 Lantos, Tom, Calif., E659 Smith, Christopher H., N.J., E638, E652 Davis, Jim, Fla., E660 Lofgren, Zoe, Calif., E672 Towns, Edolphus, N.Y., E634, E662 Doolittle, John T., Calif., E653 McCollum, Betty, Minn., E654, E655, E656, E657, E658 Udall, Mark, Colo., E664 Eshoo, Anna G., Calif., E643 McGovern, James P., Mass., E638 Waxman, Henry A., Calif., E669 Everett, Terry, Ala., E645 Maloney, Carolyn B., N.Y., E636, E648 Weiner, Anthony D., N.Y., E630, E669 Foley, Mark, Fla., E649 Markey, Edward J., Mass., E663 Westmoreland, Lynn A., Mac, Ga., E668 Gallegly, Elton, Calif., E646 Marshall, Jim, Ga., E632 Wilson, Joe, S.C., E644, E667

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