Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

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

Vol. 151 WASHINGTON, THURSDAY, JUNE 9, 2005 No. 76 House of Representatives The House met at 10 a.m. I pledge allegiance to the Flag of the PRINCIPLES OF TAX REFORM The Chaplain, the Reverend Daniel P. United States of America, and to the Repub- (Mr. EMANUEL asked and was given Coughlin, offered the following prayer: lic for which it stands, one nation under God, indivisible, with liberty and justice for all. permission to address the House for 1 Eternal Father of all and well-spring minute and to revise and extend his re- of youthful dreams, bless the young f marks.) women and men who have served these Mr. EMANUEL. Mr. Speaker, we past months as pages of the U.S. House ANNOUNCEMENT BY THE SPEAKER have a tax system that is needlessly of Representatives. As their term of The SPEAKER. The Chair will enter- complicated and burdensome to the service comes to an end, inspire each of tain up to 10 1-minute speeches on each middle class. It is time for funda- them with expansive hopes and fill side. mental tax reform that reflects the them with great aspirations to create values and the interests of all Ameri- powerful futures both for themselves f cans, not the special interests. and for this Nation. When President Bush announced his We praise You and we thank You for BANNING BOOKS tax reform commission, he said his their families and all of those who have (Mr. PITTS asked and was given per- core principle was that it should not mentored the pages in their program: mission to address the House for 1 hurt government revenues. their work, their school, and in their minute and to revise and extend his re- Democrats believe that the core prin- dorm. May this experience of govern- marks.) ciple of tax reform is that tax reform ment at work deepen their commit- Mr. PITTS. Mr. Speaker, a 10-year- should help the middle class achieve ment to learning and their ability to old Knoxville, Tennessee child, Luke their goals. Tax reform is about the make friends with diverse people from Whitson, and some of his friends chose middle class and economic growth, not across the Nation, forming them into to read the Bible to each other during about government revenue. leaders for tomorrow. recesses instead of playing on the jun- In the last 4 years the Tax Code has May the Members of Congress sur- gle gym or kickball. Luke’s principal been filled with special breaks for spe- rounded by such youthful presence was not amused. She put a stop on this cial interests. At the same time, the grow in their tender understanding of terrible practice at once and told the tax burdens have shifted from the America’s young people, their needs, students not to bring their Bibles to wealthy to those who work, from divi- their dreams, their problems, their val- school again. dend to wages. ues, and their abilities. Now, we expect principals to protect What should we do? Combine the five educational tax Ever-living Lord, help young and old kids from bullying and ensure a breaks to one tax break for higher edu- Americans alike develop skills to cross healthy learning environment. We do cation for $3,000 for everybody going to the generational divide, that we may not expect them to dictate issues of all grow up to be one Nation under college; unify the various child credits faith or, worse, mandate a faith-free and earned income tax credit to a sin- God. Amen. environment. However, this principal is f gle simplified tax family credit; sim- a ground soldier in a national cam- plify the 16 different versions of the THE JOURNAL paign to remove faith, even voluntary Tax Code for savings to one universal The SPEAKER. The Chair has exam- expressions of it, from publicly funded 401(k) pension; and, finally, encourage ined the Journal of the last day’s pro- programs and facilities. homeownership. We should create a ceedings and announces to the House School children, all people, should universal mortgage deduction for all his approval thereof. have the right to read freely in their taxpayers. Pursuant to clause 1, rule I, the Jour- own free time, whether it is during re- Mr. Speaker, we need a tax system nal stands approved. cess at school or in the break room that reflects the American values and during lunch at work. f fosters the American Dream, not the Our government buys and provides current system written by and for the PLEDGE OF ALLEGIANCE copies of the Koran and prayer rugs to special interests. terrorist prisoners at Gitmo. We expect The SPEAKER. Will the gentleman f from Arizona (Mr. FLAKE) come for- our soldiers to honor a terrorist’s right ward and lead the House in the Pledge to worship freely, but will we stand for SOCIAL SECURITY PROPERTY of Allegiance. the right of an American child to do so RIGHTS Mr. FLAKE led the Pledge of Alle- as well? Sounds like somebody is para- (Mr. MILLER of Florida asked and giance as follows: noid. was given permission to address the

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 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.000 H09PT1 H4300 CONGRESSIONAL RECORD — HOUSE June 9, 2005 House for 1 minute and to revise and Mr. PRICE of Georgia. Mr. Speaker, The Department of Defense Extended extend his remarks.) America’s health care system is indeed Shelf Life Program evaluated over 312 Mr. MILLER of Florida. Mr. Speaker, in need of fixing on so many levels. drug products and found that even as I listen to the national debate on You can lose count of the number of though they were given a date of shelf Social Security reform, I am left won- problems that it has. One of the major life, many of them maintain their sta- dering why no one is talking about issues is cost. bility, safety and potency up to as America’s greatest principles, and that Recent studies show that the average much as an additional 107 months past is property rights. American pays close to $4,000 a year on their expiration dates. I get letters, e-mails, and phone calls health care. However, that figure pales For the $3.9 million the military every day from my constituents de- in comparison to the $11,000 that spent on stability testing on expired manding that I do not take away their health care costs for America’s seniors drugs, it saved $263 million. These are guaranteed Social Security benefits. each. savings worth exploring, and I would That leads me to believe that our Na- The last time this study was con- urge my colleagues to support careful tion’s citizens may not understand ducted in 1989, the average cost was scientific review of expiration dates for that they really have no legal right to only $2,200. Health care has become big prescription drugs and ask if the sav- their Social Security benefits. business and big government, and pa- ings gained by the military can be ap- The Supreme Court ruled in tients are further removed from their plied to general health care spending. Flemming v. Nestor that there is no doctors. Decisions that should be made My colleagues can learn more about legal right to Social Security benefits. between doctors and patients are now these ideas for savings and health care In the eyes of the Court, it is deemed a being decided many times by somebody by visiting my Web site at Mur- tax-and-spend program in which Con- else. Rising costs affect everyone: pa- phy.house.gov and continue to change gress can change the rules regarding tients, doctors, and even small busi- the way we look at health care to what eligibility at any time, and it has nesses that can no longer afford health we are paying for. many times over in past years. That is insurance for their employees. f how our current system works. Regardless of who pays, patients Mr. Speaker, it is time for reform. It should have a choice when it comes to INDIANAPOLIS 500 is time to give American taxpayers their health care, plain and simple. H. (Ms. CARSON asked and was given back their personal property rights. Res. 215 would do just that. As we move permission to address the House for 1 Personal accounts would give workers forward, we must be on the patients’ minute.) true legal property rights to their con- side; they know what is best for them- Ms. CARSON. Mr. Speaker, I rise tributions and their benefits. They selves. today to commemorate the 89th run- could not be raided to pay for other f ning of the greatest spectacular in rac- programs. Personal accounts are the ing, the Indianapolis 500 held at Indian- PROTECT OUR NATION ultimate lockbox. apolis Motor Speedway. f (Mr. PALLONE asked and was given Congratulations to the winner, Dan permission to address the House for 1 Wheldon of Andretti-Green Racing, NATIONAL HEALTH INSURANCE minute and to revise and extend his re- whose victory was not an easy one. (Mr. KUCINICH asked and was given marks.) Wheldon’s winning highlight was a dra- permission to address the House for 1 Mr. PALLONE. Mr. Speaker, the matic pass of the sensational rookie minute and to revise and extend his re- House Republican leadership pulled the Danica Patrick with only six laps left marks.) intelligence authorization bill from the in the race. Mr. KUCINICH. Mr. Speaker, as so floor today because the leadership here Although Danica Patrick may not many American families struggle with is doing the dirty work of Defense Sec- have won, she made history. Danica the rising costs of health care and with retary Rumsfeld. Patrick of Rahal-Letterman finished in the unavailability of health care, I We all know that Rumsfeld was fourth place, the best finish ever for a think it is important to keep in mind against the intelligence reforms that woman. that roughly one-third of every health the 9/11 Commission suggested, and care dollar goes to wasteful adminis- now he is trying to prevent those re- b 1015 tration and profit. The result is that forms from moving forward. The Re- She also had the highest starting po- we pay more for our health care than publican leadership is keeping the in- sition for a woman and was the first any other industrialized country by a telligence bill from coming to the floor woman to lead a lap at the Indianapolis wide margin. today because Secretary Rumsfeld does 500. Since American businesses are the not want to give up any intelligence I would like to congratulate Dan main provider of health care in the control to new Intelligence Director Wheldon, Danica Patrick and the en- United States, they bear the burden Negroponte. tire field of 33 drivers, their racing and it is hurting their competitiveness. Let us be clear, Secretary Rumsfeld teams, the Indianapolis Racing League How do we know? Our competition tells and the Republican leadership are pre- and the Indianapolis Motor Speedway us so. venting intelligence reform that could for a spectacular race. Congratulations The CEO of the Ford Motor Company make our Nation safer than it is today. again. of Canada, the president and CEO of The 9/11 commissioners warned us f GM Canada, and the CEO of earlier this week that time is not on ONE THING I KNOW FOR CERTAIN DaimlerChrysler Canada had this to our side. It is time the House Repub- say in a 2002 letter: ‘‘Publicly funded lican leadership stops listening to (Mrs. BLACKBURN asked and was health care thus accounts for a signifi- Rumsfeld and starts listening to the 9/ given permission to address the House cant portion of Canada’s overall labor 11 Commission so we can finally begin for 1 minute and to revise and extend cost advantage in auto assembly, to protect our Nation. her remarks.) versus the U.S. which in turn has been f Mrs. BLACKBURN. Mr. Speaker, as a a significant factor in maintaining and former small business owner, one thing SHELF LIFE FOR PRESCRIPTION attracting new auto investment to that I know for certain is that there is DRUGS Canada.’’ not a nation on this earth that has ever The time has come for national (Mr. MURPHY asked and was given taxed itself into prosperity. Raising health insurance. permission to address the House for 1 taxes and increasing regulation abso- f minute.) lutely does not create economic Mr. MURPHY. Mr. Speaker, so often growth. It is a guarantee that you are HEALTH CARE COSTS people come to this Chamber and say going to get less of what you want. We (Mr. PRICE of Georgia asked and was the way we deal with health care costs know that by reducing regulation and given permission to address the House is to change who pays. What we need to reducing taxes that we see economic for 1 minute.) talk about is what we are paying for. growth and we see jobs growth.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.002 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4301 Mr. Speaker, America has now recov- the House for 1 minute and to revise minute and to revise and extend his re- ered economically from the tragedy of and extend her remarks.) marks.) September 11. We have grown our econ- Ms. JACKSON-LEE of Texas. Mr. Mr. FLAKE. Mr. Speaker, I rise omy out of recession and passed the Speaker, I applaud the meeting be- today to pay tribute to the gentleman tremendous blow on September of 2001, tween the Prime Minister of Britain from Illinois (Mr. HYDE), the chairman and we did it by reducing regulation and this administration. of the Committee on International Re- and lowering taxes, by working to If one thing has come out of that lations, and also the gentlewoman from change the budget process, by reducing meeting beyond the need for the $50 Florida (Ms. ROS-LEHTINEN), who what the Federal Government spends, billion for the restoration of the con- worked with me yesterday to attach an with the budget we have passed this tinent of Africa, it is that we must act amendment to the State Department year, by beginning to root out waste, now to stop the bleeding, the bloodshed authorization bill to allow some of the fraud and abuse and being aggressive in and the brutality in Darfur and Sudan. funding that we provide to the State that. In other words, we are working to This week is the 10th year recogni- Department to be spent on scholarships make America competitive. tion commemoration of the million and other programs for Cubans. Mr. Speaker, I salute our Republican that died in Rwanda, and we are re- For years, we have spent hundreds of leadership for their commitment to minded that they died because of our millions of dollars at the State Depart- this. nonaction, our inertia, our refusal to ment on public diplomacy programs f accept the fact that people were being that have helped individuals in coun- DISBAND THE CURRENT COM- brutalized and killed. The U.S. did not tries transitioning to a democracy. Yet MITTEE ON STANDARDS OF OF- act. Cuba has been excluded from this. If FICIAL CONDUCT It is important that military assist- there is any country that needs this (Mr. WESTMORELAND asked and ance be sent to Sudan now and that the help and a people that need this help, it was given permission to address the President of Chad be included in this is the country of Cuba. House for 1 minute and to revise and process for the 300,000 refugees that are So now the State Department has extend his remarks.) languishing in Chad without any re- been directed to spend at least $5 mil- Mr. WESTMORELAND. Mr. Speaker, sources from around the world. lion in Fulbright scholarships, Ben Gil- in fairness to Members of this body The United States must act, the Con- man scholarships, Truman scholarships who have been subjected to a cloud of gress must act. A declaration of geno- and others to bring worthy Cubans here suspicion over ethics allegations, I rise cide has already been declared. Do we to the United States to study and help today to call for the House to disband want another Rwanda on our hands, reverse the tide recently of less contact the current Committee on Standards of more blood, more bloodshed and loss of with the Cuban people, to actually Official Conduct and reconstitute it as life? We cannot afford it. The African have more contact. a panel that can convene and hear the Union must be sent. We must stop the This is significant. Again, I pay trib- cases pending before it. bloodshed in Sudan and return the peo- ute to the gentleman from Illinois (Mr. A report in the Washington Post ple to their land. HYDE) and the gentlewoman from Flor- today says the committee may be inac- f ida (Ms. ROS-LEHTINEN) for working tive for months and it may not take up with me on this. politically charged accusations against JOBS AND THE ECONOMY a high-ranking leader until next year, (Mr. GINGREY asked and was given f which just happens to be an election permission to address the House for 1 minute and to revise and extend his re- year. AGRICULTURE APPROPRIATIONS The Post says, ‘‘Democrats are hop- marks.) AND COOL LEGISLATION ing to gain political advantage from in- Mr. GINGREY. Mr. Speaker, I rise vestigations into DELAY’s activities today to commend Congress on its suc- (Ms. FOXX asked and was given per- and overseas travel and his ties to lob- cessful, pro-growth economic agenda. mission to address the House for 1 byist Jack Abramoff.’’ In the last month alone, the United minute and to revise and extend her re- Even the Democratic-friendly Wash- States economy created 78,000 new marks.) ington Post sees the political calcula- jobs. Take the last 2 years into ac- Ms. FOXX. Mr. Speaker, I rise today tions behind the minority’s tactics. count, and our economy has created to acknowledge the important work The Committee on Standards of Offi- more than 3.5 million jobs. this body undertook last night by pass- cial Conduct is stalled by a partisan Mr. Speaker, this growth can be paring the fiscal year 2006 Agriculture Ap- logjam, and I see only one way to tially credited to the good legislation propriations Act. This bill took an im- unplug it: reconstitute the panel with Congress has passed, legislation that portant step toward helping the farm- Members resolved to work together so lowers taxes, lets Americans keep more ers of America and my district in that it can move forward with its of their hard-earned money, reduces North Carolina. Farmers are the back- work. If this good-faith effort fails unnecessary regulation, supports our bone of our communities, and we must again, the House needs to install a Re- small businesses, and, above all, it en- provide the resources they need. My publican majority on the committee so courages economic growth. colleagues and I worked hard to exer- that the wheels of good government Our policies are working. More Amer- cise fiscal restraint on this bill without can turn once more. cutting those programs crucial to help- Mr. Speaker, this body rescinded the ethics icans hold jobs today than ever before. Homeownership is at a near record ing farmers. I feel strongly the bill we rules passed earlier this Congress to appease passed yesterday did just that. the minority’s demands. Yet, the minority party level, with nearly 70 percent of Amer- I would also like to thank this body continues to obstruct the objectives of the Eth- ican families owning their own homes. for voting to uphold a provision that ics Committee at every turn. Small businesses continue to flourish, I believe the Republican majority should and our economy is showing steady delays the country-of-origin labeling pass whatever rules necessary so the com- growth. process until it can be dealt with cor- mittee can and will act fairly to hear the pend- Mr. Speaker, it is clear that our eco- rectly, through current proposed legis- ing cases before it—cases that involve both nomic agenda is the right solution for lation. This delay will allow my col- Republicans and Democrats. American families. We will continue leagues and me on the House Com- Members accused of violations deserve a passing good legislation to build a mittee on Agriculture time to com- chance to make their cases and perhaps clear stronger economy for all Americans. plete our work on H.R. 2068, the Meat their names. f Promotion Act of 2005 sponsored by the gentleman from Virginia (Chairman f PAYING TRIBUTE TO THE HON. GOODLATTE). WE MUST STOP THE BLOODSHED HENRY HYDE AND THE HON. H.R. 2068 will establish a market- IN SUDAN ILEANA ROS-LEHTINEN driven, cost-effective, voluntary COOL (Ms. JACKSON-LEE of Texas asked (Mr. FLAKE asked and was given program for meat such as beef, poultry and was given permission to address permission to address the House for 1 and pork.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.004 H09PT1 H4302 CONGRESSIONAL RECORD — HOUSE June 9, 2005 PRODUCTIVITY OF THE 109TH GENERAL LEAVE North Carolina (Mr. JONES), the gen- CONGRESS TO DATE Mr. SHAW. Mr. Speaker, I ask unani- tleman from Ohio (Mr. KUCINICH), the (Mr. BURGESS asked and was given mous consent that all Members may gentleman from Texas (Mr. PAUL), the permission to address the House for 1 have 5 legislative days within which to gentleman from Wisconsin (Mr. SEN- minute and to revise and extend his re- revise and extend their remarks and in- SENBRENNER), the gentleman from marks.) clude extraneous material on H.J. Res. Michigan (Mr. STUPAK) and the gen- Mr. BURGESS. Mr. Speaker, with all 27, the joint resolution under consider- tleman from Colorado (Mr. TANCREDO). of the negative press these days, one of ation. I thank them very much for their sup- the big stories that has been missed is The SPEAKER pro tempore. Is there port. how productive this Congress has been objection to the request of the gen- Mr. Speaker, I do not have any great since the first of the year. In fact, this tleman from Florida? illusions that this resolution will win may be one of the most productive There was no objection. today. When the gentleman from Texas Congresses this country has seen since Mr. SHAW. Mr. Speaker, I yield my- (Mr. PAUL) offered it 5 years ago, it the Second World War. self such time as I may consume. only received 56 votes. I hope, however, Let me go through with my col- Mr. Speaker, this morning the House that as many Members as possible will leagues very quickly the 20 pieces of considers the withdrawal of the United vote for it today for one simple reason. major legislation we have passed this States from the World Trade Organiza- It is time to send the Bush administra- year and the five appropriations bills tion. I strongly oppose this resolution tion a message and a wake-up call that we have passed since the beginning of and urge my Members to join me in our current trade policies have failed the year. this opposition. and need to be completely rethought so We passed a class action fairness bill. As a member of the World Trade Or- that they represent the needs of the We passed a highway bill and energy ganization, the United States is one of middle class and working families of bill and our budget and the Real ID 148 member countries. Our role in this our country and not just the CEOs of Act, which will strengthen our borders, global body is tremendously important, large corporations. and a bill for broadcast decency. We not only for the future of the United Mr. Speaker, international trade is a passed a continuity of the Congress States trade but for the continuation good thing, if implemented properly, bill, gang deterrence, funding for first of global trade liberalization. but the evidence is overwhelming that responders, vocational and technical As the world’s leading economy, the our current trade policies, including funding, homeland security. We have largest economy that has ever been on NAFTA, including permanent normal repealed estate tax for the second time, the face of this earth, we all too often trade relations with China, and the spyware prevention, bankruptcy bill, focus our attention on the aspects of current roles of the WTO are not work- core blood registry, stem cell funding, trade we disagree with. When Members ing for average Americans, they are restrictions on interstate transport for of Congress meet with our inter- not working for the environment, and minors seeking abortions, job training. national counterparts, we spend a large they are not working for human rights. Under appropriations, Homeland Se- amount of time discussing specific If we do not fundamentally change curity, Interior, funding for the mili- trade barriers and little time sup- those policies, we can only expect more tary quality of life and the Agriculture porting the broad range of cooperation of the same. bill yesterday, plus the supplemental and successes that we may share. The WTO was signed in 1995, and our earlier in the year, a tremendous Continued membership in the World current support of unfettered free trade record of accomplishment that this Trade Organization will allow the has gone on for some 30 years. And Congress could be proud of on a bipar- United States the opportunity to con- what has been the result of those poli- tisan basis because most of those bills tinue cooperating as we work towards cies for the middle class of this coun- did pass with a significant number of free trade benefiting United States try? Let us discuss it. Democratic votes. consumers, farmers, manufacturers and In a period in which technology has f firms. exploded, in a period in which worker WITHDRAWING APPROVAL OF THE Currently, the World Trade Organiza- productivity has significantly in- UNITED STATES FROM AGREE- tion is negotiating the Doha Round. creased, we would think that the mid- MENT ESTABLISHING THE Congress has been deeply involved with dle class would be better off. WORLD TRADE ORGANIZATION the administration as the Round continues to move forward. It is tremen- b 1030 Mr. SHAW. Mr. Speaker, pursuant to dously importantly that we remain ac- But the economic reality today is House Resolution 304, I call up the tive in these negotiations and push for that what every American knows is joint resolution (H.J. Res. 27) with- a completed Doha. that the middle class of this country is drawing the approval of the United Finally, I congratulate Mr. Pascal collapsing. Poverty is increasing, and States from the Agreement estab- Lamy of France on his selection as the the gap between the rich and the poor lishing the World Trade Organization, new World Trade Organization Director is wider today than at any time since and ask for its immediate consider- General. I am hopeful his abilities will the 1920s. Are our disastrous trade poli- ation. enable the World Trade Organization to cies the only reason for this? No. But The Clerk read the title of the joint balance the concerns of its members. I they are an extremely important part resolution. look forward to working with him in of that equation, and that is for sure. The text of H.J. Res. 27 is as follows: the future. Mr. Speaker, in 1995 when the WTO H.J. RES. 27 Finally, Mr. Speaker, it is my strong was established, our trade deficit was Resolved by the Senate and House of Rep- view that the United States greatly $96 billion. Today our trade deficit is a resentatives of the United States of America in Congress assembled, That the Congress with- benefits from our continued participa- record-breaking $617 billion and is on draws its approval, provided under section tion in the World Trade Organization. pace to become $700 billion next year. 101(a) of the Uruguay Round Agreements Mr. Speaker, I reserve the balance of Our trade deficit with China alone is Act, of the WTO Agreement as defined in sec- my time. $162 billion. tion 2(9) of that Act. Mr. SANDERS. Mr. Speaker, I yield Mr. Speaker, while some of my col- The SPEAKER pro tempore (Mr. myself such time as I may consume. leagues are going to extol all of the REHBERG). Pursuant to House Resolu- Mr. Speaker, let me begin by men- wonderful virtues of unfettered free tion 304, the gentleman from Florida tioning that this is a tripartisan reso- trade, perhaps they can explain why in (Mr. SHAW), the gentleman from Mary- lution, and I want to thank our cospon- the last 4 years alone we have lost 2.8 land (Mr. CARDIN), the gentleman from sors: the gentleman from Oregon (Mr. million good-paying manufacturing Texas (Mr. PAUL), and the gentleman DEFAZIO), the gentleman from Ten- jobs, one out of six in this country. One from Vermont (Mr. SANDERS) each will nessee (Mr. DUNCAN), the gentleman out of six in the last 4 years. In my own control 30 minutes. from Arizona (Mr. GRIJALVA), the gen- small State of Vermont, we have lost The Chair recognizes the gentleman tleman from Indiana (Mr. 20 percent of our manufacturing jobs in from Florida (Mr. SHAW). HOSTETTLER), the gentleman from the last 5 years. Many people know

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.006 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4303 that General Motors has just an- jobs to China and India within the next erything from aircraft to agriculture nounced they are going to lay off an- decade. products and we do not take efficient other 25,000 American workers. GM is Mr. Speaker, the bottom line of this action against them, that is wrong. producing cars in China, and there is debate, and I want my friends to an- When we do not enforce our own anti- some reason to fear that in 10 or 20 swer this, is that American workers dumping laws which are permitted to years, Detroit and automobile produc- should not be asked to compete against be enforced to stop the surge of prod- tion in this country will be diminished desperate people in China who make 30 ucts into this country, that is wrong. as car manufacturing moves to China. cents an hour and who go to jail when So, Mr. Speaker, I do think we need When my friends come up here and they stand up for their political rights. to strengthen these laws, but it would they tell us how great free trade is for That is not what we should be engaged be wrong for us to withdraw. We want our economy, I want them to explain in. The race to the bottom has been a a rules-based system, but we want to why real inflation accounted for wages disaster for the middle class. strengthen that system. in the United States today is 7 percent Mr. Speaker, I reserve the balance of Mr. Speaker, quite frankly, I think lower than they were in 1973 for the my time. we should be spending more time talk- bottom 90 percent of workers. And why Mr. CARDIN. Mr. Speaker, I yield ing about the Doha Round. That is the is it that million of workers today in myself such time as I may consume. next stage of trying to move inter- Vermont and throughout this country Mr. Speaker, let me first point out to nationally under the WTO to expand are forced to work two or three jobs those who may be following this debate opportunity for American manufactur- just to keep their heads above water if why we are here today. I am sure peo- ers, farmers, and producers. The so- free trade and globalization are all so ple are wondering why we have a reso- called Doha Development Agenda nego- great? lution on the floor that would with- tiations have reached a critical phase. When my friends talk about the so- draw us from the WTO and how that It is generally agreed that in order to called robust economy that has been comes to the floor from a recommenda- have a successful meeting of the min- created, perhaps they can explain to us tion of the committee of jurisdiction isters this December in Hong Kong, the why 4 million more Americans now live that it be reported unfavorably, that members of the WTO will have to come in poverty than just 4 years ago, 4 mil- is, that we vote against this resolution. to a significant level of agreement by lion more Americans in poverty; and The reason we have this resolution July on three key areas. why incredibly there are 24,000 fewer before us is that 10 years ago we passed First, agriculture. I must tell the private sector jobs now than when legislation to gain access to the WTO. Members I am concerned we have not George Bush first took office. If our At that time Bill Clinton was the made anywhere near the progress on trade policies are so successful, how President of the United States. Con- agriculture that we need to do. I wel- could we have experienced an unprece- gressman Gingrich thought it was im- comed the announcement last week dented net loss of private sector jobs portant that because the legislative that the next director-general of the over the last 5 years? The only new net branch of government is the branch re- WTO will be Pascal Lamy, the former jobs that have been created by the sponsible for trade that there be a re- trade commissioner of EU, who comes Bush administration have been govern- view process every 5 years as to wheth- from France. Obviously, Mr. Lamy will ment jobs, 917,000 of them. Maybe the er we should remain within the WTO, have a special burden to demonstrate Republican Party is becoming the to give Congress the ability to exercise that he can make progress in this area party of big government and creating its constitutional responsibility to where the European Union has been so government jobs, but certainly it has oversight and be responsible for trade. outrageous in its subsidies. We need to not been private sector jobs that free At that time, Mr. Speaker, I must tell narrow that gap. We will wait to see trade is supposed to create. the Members I had certain concerns as whether, in fact, that can be accom- Today the gap between the rich and to why we would want to have basi- plished. the poor is growing wider. The richest cally a nuclear option in pulling out The second area is in manufactured 1 percent of our population now own from the WTO. goods. There are two challenges here: more wealth than the bottom 90 per- Today, I am pleased that we can re- tariff reductions particularly by the cent, and unfettered free trade has only view the WTO because I think it is im- advanced developing countries and the made that worse. The gap between the portant for us to have a debate as to elimination of the so-called nontariff rich and the poor more than doubled where we are in the WTO. I would sug- barriers, the NTBs. And in both of from 1979 to 2000. According to the In- gest, though, we should have a more these areas, much work remains to be stitute for International Economics, 39 sophisticated review process than just done if we are going to have a success- percent of the increase in income to vote to withdraw from the WTO. As ful Doha Round. I am particularly con- equality is due to unfettered free trade. the ranking Democrat on the Trade cerned about the negotiations on the Further and most ominously, if our Subcommittee working with the gen- NTBs which lie far behind at this time. present trade and economic policies tleman from Florida (Mr. SHAW), we This is a critical area for U.S. manu- continue, the likelihood is that the very much oppose this resolution and facturing, particularly in large mar- next generation will be the first in the urge the rejection of the resolution. We kets such as Japan, Korea, and China. modern history of the United States to believe it is in the interest of the And, finally, in the area of services, have a lower standard of living than we United States to be in a rules-based we are far behind where we should be in do. According to a recent report from trading system and to withdraw from a expanding opportunity for services by the Department of Labor’s Bureau of rules-based trading system would be U.S. companies in other markets. I Labor statistics, over the next decade, folly, it would be wrong. Do we need to hope that our negotiators will be able seven out of the 10 fastest-growing oc- improve it? Yes, we do need to improve to make up for lost time in the next cupations will be low-paying, low- the WTO. Can we strengthen it? Yes, couple of months so that an ambitious skilled jobs that do not require a col- we need to strengthen it. services package will be approved in lege education. Is that what free trade Quite frankly, I think that we should Hong Kong. is giving to our kids, jobs at Wal-Mart, be working more aggressively with our There is one other area I want to jobs at McDonald’s, while the General trading partners to enforce our exist- mention, Mr. Speaker, as we review our Motors jobs, the General Electric jobs ing trade rules. When we see the ma- participation in the WTO, and that is are going to China? nipulation of currency by China and we the dispute settlement system. The dis- Mr. Speaker, it is not only blue col- take no action against it, that is pute settlement system is absolutely lar jobs that we are on the cusp of los- wrong. When we see other countries in- critical to a successful WTO. I must ing. Millions of white collar informa- fringe on our intellectual property tell the Members I have major con- tion technology jobs are also on the rights and we do not enforce our exist- cerns as to how the dispute resolution line to go to China and India. Andy ing rules to make sure that we do not system is working within the WTO. Grove, the founder of Intel, predicts allow the stealing of our intellectual Under the old GATT system, silence in that the United States will lose the property rights, that is wrong. When an agreement meant that a country bulk of its information technology to we see Europe provide subsidies for ev- could do what it deemed appropriate.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.008 H09PT1 H4304 CONGRESSIONAL RECORD — HOUSE June 9, 2005 Under the decisions of the appellate manufacturing jobs. The United States from the WTO. My economic position is body and the panels of the WTO, si- has lost over 2.9 million manufacturing somewhat different from some of my lence has been altered to mean that the jobs. allies, because I come at it from a free appellate body and panels do what they Mr. Speaker, it was not too long ago trade position. think is appropriate. That is just that, I did not vote for it, but we gave I happen to believe in minimum tar- wrong. trade promotion authority to the iffs, if any, but I do not believe that The number of cases are disturbing. President of the United States. I was the process of the WTO and world gov- In 33 cases brought against the United opposed to it when Mr. Clinton asked ernment is a good way to do it. I do not States since 1995, panels or the appel- for it. I was opposed to it when Mr. think the WTO achieves its purpose, late body have overreached, over- Bush asked for it. And let me tell the and I do not think it is permissible reached, in 22 of them. That is two- Members what has happened since under the Constitution. Therefore, I thirds. We need to have a way to re- trade promotion authority, August of strongly argue the case that, through view what the appellate body and dis- 2002. the process, that we should defend the pute resolution panels are doing, and b 1045 position of the Congress which gives us we are not doing that. the responsibility of dealing with inter- North Carolina has lost over 52,000 The consequences of this over- national trade, with international for- manufacturing jobs, and the United reaching are clear. In 10 years the WTO eign commerce. That is our responsi- States has lost over 600,000 manufac- has not affirmed a single safeguard bility. We cannot transfer that respon- turing jobs. measure as applied by the United Let me take just a moment to talk sibility to the President, and we can- States or any other country. In trade about how WTO membership strips not transfer that responsibility to an remedy cases involving the United American sovereignty. If the United international government body. States, anti-dumping duties, counter- States does not change its laws to suit Therefore, there are many of us who vailing duty measures, and safeguard WTO, then America’s businesses and ally together to argue that case, al- cases, the WTO has upheld the United consumers face trade sanctions. Trade though we may have a disagreement on States decision in two of 17 cases. That disputes are decided by international how much tariffs we should have, be- is an 88 percent loss ratio, clearly one panels that are hand-picked by the cause the Congress should decide that. that we need to take a better look at. WTO. The identities of panel members We could have no tariffs; we could have A growing number of observers are are kept secret, and deliberations are a uniform tariff, which the Founders coming to recognize that the extraor- kept confidential. These WTO panels believed in and permitted; or we could dinary loss rate is because the WTO have ruled in favor of the United have protective tariffs, which some of panels and its appellate body do not re- States less than one-third of the time. those individuals on our side defend, spect the letter of the WTO agreements They have ruled in favor of the United and I am not that much interested in. and are filling in the gaps beyond what States less than one-third of the time. But the issue that unifies us is who the U.S. negotiators agreed to in the WTO panel rulings go far beyond should determine it. For me, the deter- Uruguay Round. trade. In fact, the WTO panel recently mination should be by the U.S. Con- Mr. Speaker, I mention this because found a Utah law prohibiting Internet gress and not to defer to an inter- this is another area that we have to gambling to be illegal. What will the national government body. make up for lost ground in our negotia- WTO do next? Now this always bewilders me, when tions under the WTO. So make no mis- Let me quote from Robert Stumberg, my conservative friends and those who take about it, we should reject this res- a trade law expert at Georgetown Uni- believe in limited government are so olution overwhelmingly because it is in versity, from Business Week, March 7, anxious to deliver this to another giant the interest of the United States to 2005. I quote: ‘‘If Bush successfully en- international body. For instance, the participate in a rules-based inter- gineers the introduction of private So- WTO employs over 600 people. Free national trading system. I represent a cial Security accounts, WTO rules trade, if you are interested in free community that includes the port of would require the feds to let foreign trade, all you have to do is write a sen- Baltimore. I want products coming money managers and insurers bid to tence or two, and you can have free into the United States. I also want manage them.’’ trade. You do not need 600 bureaucrats. products leaving the United States How far do we have to go before we It costs $133 million to manage the through the port of Baltimore. It is im- give up the sovereignty of this Nation? WTO every year. Of course, we pay the portant for our economy. But we have I do not know about you, Mr. Speaker, biggest sum, over $25 million for this, to do a better job in our negotiations but I think letting the Chinese manage just to go and get permission or get our within the WTO, and that is what we American Social Security accounts is a instructions from the WTO. need to concentrate on. That is what bad idea. Unfortunately, under WTO, We all know that we raised taxes not we need to work together on. And if we there is little we can do to prevent it. too long ago, not because the American do that, it will be a win-win for this We have already outsourced 1.5 million people rose up and called their Con- Nation. We will be able to increase jobs jobs since 1989 to the Chinese. We do gressmen and said we wanted you to re- through manufacturing, through pro- not need to give control over to the peal this tax and change the taxes. It duction, and through farming. Chinese of Social Security accounts in was done in order to be an upstanding Mr. Speaker, I reserve the balance of America. member of the WTO. We responded and my time. Mr. Speaker, before I close, I want to took instructions from the WTO and (Mr. PAUL asked and was given per- make a real quick point. On my right, adapted our tax policy to what they de- mission to revise and extend his re- this chart shows on July 31, 2003, in sired. marks.) North Carolina we lost 6,450 jobs. It One other issue that I think those Mr. PAUL. Mr. Speaker, I first yield says, ‘‘Five North Carolina plants close who defend the WTO and call them- 3 minutes to the gentleman from North in the largest single job loss in the selves free traders ought to recognize is Carolina (Mr. JONES). State’s history.’’ Just 3 weeks ago, Mr. that when we concede the fact that Mr. JONES of North Carolina. Mr. Speaker, a plant in my district an- there should be a trade-off, it means Speaker, I thank the gentleman from nounced that 445 jobs would be going they really do not believe in free trade. Texas and the gentleman from overseas. If you believe in free trade and the peo- Vermont (Mr. SANDERS) for bringing Mr. Speaker, I close by asking my ple have the right to spend their money this joint resolution to the floor. colleagues that care about the Amer- the way they want, it would be as sim- Mr. Speaker, I come to the floor ican workers and care about the sov- ple as that. It would benefit that coun- today because I believe that WTO ereignty of America to please join us in try, because you could get your goods membership has been a disaster for the this effort. and services cheaper. U.S. worker. Since WTO, 1995, Amer- Mr. PAUL. Mr. Speaker, I yield my- But this whole concession to the ica’s annual trade deficit grew from $96 self such time as I may consume. management of trade through the WTO billion to $617 billion. My home State Mr. Speaker, I rise in strong support says, all right, we are going to do this of North Carolina has lost over 251,000 of our position to remove ourselves if you do this, and it acknowledges the

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.009 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4305 fact that free trade does not work un- supplements in this country, some- The success of U.S. participation in less you get something for it. That thing that I do not think we should the WTO should be measured by our may be appealing to some, but a free even contemplate. The case can be ability to liberalize markets and set trader should not argue that way. Be- made that if they have already pres- fair trade rules for all WTO Members. cause free trade, if it is a benefit, it is sured us to do things, they may well do Clearly, the United States has bene- simply a benefit. it once again. fited greatly from its WTO membership In the 1990s when the WTO was origi- Our administration is not too inter- and plays a leading role in shaping the nally passed, the former Speaker of the ested in the Kyoto Protocol, but that way the world trades today. House made a statement about this. I may well come down the road, and the Since the creation of the WTO, U.S. want to quote from him. This is from enforcement of the Kyoto Protocol exports and overall trade have ex- Newt Gingrich. He was talking about many believe will be enforced by the panded significantly, with a $283 billion the WTO: ‘‘I am just saying that we WTO. or 64 percent increase in U.S. manufac- need to be honest about the fact that So this is big government, pure and turing exports; a $139 billion or a 70 we are transferring from the United simple. It does not endorse free trade percent increase in U.S. services ex- States at a practical level significant whatsoever. It endorses managed trade; ports; and an $18 billion or 39 percent authority to a new organization. This and too often it is managed for the increase in U.S. agricultural exports. is a transformational moment. I would privileges of the very large, well-posi- Once WTO agreements are set and feel better if the people who favor this tioned companies. It does not recognize commitments are made, however, it is would be honest about the scale of the basic principle that we should de- crucial that the U.S. ensure that the change. This is not just another trade fend as a free society individuals ought countries involved live up to their part agreement. This is adopting something to have the right to spend their money of the deal. This is where we have fall- which twice, once in the 1940s and once the way they want. That is what free en short. in the 1950s, the U.S. Congress rejected. trade is, and you can do that unilater- Here, the U.S. has several concerns, I am not even saying that we should really without pain and suffering. such as China’s failure to follow ject it. I, in fact, lean toward it. But I So I ask Members to consider, why through with its commitments to en- think we have to be very careful, be- should we not reclaim some of our pre- sure that domestic and foreign firms rogatives, our authorities, our respon- cause it is a very big transfer of can distribute products within that sibility? We have given up too much power.’’ country as of December 2004; many over the years. We have clearly given I agree with Newt Gingrich on this. It countries have failed to meet their up our prerogatives on the declaration was a huge transfer of power. I happen TRIPS commitments and have not ef- of war, and on monetary issues. That to believe it was an unconstitutional fectively enforced intellectual property has been given away by the Congress. transfer of power; and, therefore, we rights and the protection of data pri- are now suffering the consequences be- And here it is on the trade issue. I can remember an ad put out in the vacy; there is concern regarding the es- cause we have lost prerogatives and 1990s when the WTO was being pro- tablishment of standards, licensing and control of our own trade policy. moted and they talked directly, it was customs barriers, including the EU’s Now the President of the Ludwig von a full page ad, I believe, in the New customs procedures and its proposed Mises Institute, a free market think York Times. They said, ‘‘This is the new chemical regulations; and there is tank, from Auburn, Alabma said, ‘‘The third leg of the new world order.’’ We concern about the continued prolifera- World Trade Organization is supposed had the World Bank, we had the IMF, tion of many agricultural barriers, to be the great apparatus to push the and now we had the World Trade Orga- such as the unscientific barriers to world to greater economic integration. nization. many agricultural products in Europe, In reality, it was nothing but the res- So if you are a believer in big govern- China and elsewhere. urrection of the old central planning ment and world government and you The United States should continue to fallacy that the world needs a central believe in giving up the prerogatives of insist that all WTO members imple- authority to manage it. The WTO has the Congress and not assuming our re- ment the WTO agreements in a timely ended up politicizing trade by putting sponsibility, I would say, go with the and comprehensive manner. the stamp of officialdom on some very WTO. But if you believe in freedom, if Like many of my colleagues, I hope bad policy.’’ you believe in the Constitution and if the WTO will successfully conclude the So my message is to appeal to those you really believe in free trade, I would Doha Development Round and continue who believe in limited government, say we should vote to get out of the to contribute to the dynamic global free markets, free trade and the Con- WTO. marketplace as a growth engine for stitution. I appeal to those who want Mr. Speaker, I ask unanimous con- WTO member economies. to use tariffs in a protective way be- sent that my remaining time be allot- However, in the Doha Development cause they defend the process. But I am ted to the gentleman from Vermont Round, many developing countries ex- really appealing to the conservatives (Mr. SANDERS) and that he be able to pressed concerns regarding implemen- who claim they believe in free trade, control that time. tation of some commitments, and they because I do not believe what we have The SPEAKER pro tempore (Mr. have sought extensions and delays. here is truly free trade. REHBERG). Is there objection to the re- Here, technical assistance and support The WTO has already been able to in- quest of the gentleman from Texas? for capacity building are critical tools fluence our tax laws. Not too long ago, There was no objection. needed to advance implementation Utah repealed a ban on electronic gam- Mr. CARDIN. Mr. Speaker, I am goals. bling for fear the WTO would come in pleased to yield 4 minutes to the gen- I will continue to work with my col- and find that violated free trade. tleman from Louisiana (Mr. JEFFER- leagues on the Committee on Ways and Another area of importance to so SON), a distinguished member of the Means and in the Congress to ensure many of us, both on the left and the Committee on Ways and Means. that the U.S. provides technical sup- right of the political spectrum, has to Mr. JEFFERSON. Mr. Speaker, I port and capacity building measures to do with the Codex Commission regula- thank the gentleman for yielding me assist developing countries in meeting tion set up by the United Nations. How time. their WTO commitments. much regulation are we going to have Mr. Speaker, I rise today to stress on vitamins and nutrition products? the importance of our country’s par- b 1100 The UN already indicated the type of ticipation in the World Trade Organiza- If trade is to be a tool of development regulation. Guess who may, most like- tion. Right now, it seems this resolu- and growth for our developing-country ly, be the enforcer of these regulations? tion is destined for rejection. But ad- trading partners, we must play a cen- It will be the WTO. The Europeans dressing it today does give us a much- tral role in helping the WTO facilitate have much stricter regulations. This needed opportunity to focus on the compliance with member obligations. I means that some day the WTO may WTO and how the U.S. can maximize stress this today because I want our well come to us and regulate the dis- its membership for the benefit of U.S. new USTR Ambassador Portman to tribution of vitamins and nutritional firms, workers and farmers. know that this is and should always be

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.012 H09PT1 H4306 CONGRESSIONAL RECORD — HOUSE June 9, 2005 a priority for the United States at the nomic growth in this country, as the into the United States and change a World Trade Organization. gentleman from Florida very correctly law. We can, if they find our rule to be Mr. SHAW. Mr. Speaker, I yield my- said. During the 10 years of U.S. par- non-WTO compliant, which they have self such time as I may consume. A lot ticipation in the WTO, international more than 90 percent of the time when of astounding remarks have been made trade and investment have been impor- complaints are brought against the since I stood up here and introduced tant forces driving our impressive eco- United States of America, we have an this resolution, in the negative. There nomic growth. Over that period, trade option. We can repeal the law, or we are a couple of things I think we need accounted for one-quarter of all U.S. can pay a fine to keep it, a huge fine, to really talk about. economic growth and supported an es- in many cases. So environmental pro- What has been the economic growth timated 12 million jobs. Furthermore, tection, consumer protection, buy of the United States? How fast is our trade promotes economic competition, America, buy Oregon, buy your State, economy growing? It is growing at the which keeps inflation low. all of those things, we can have those rate of 4 percent. How fast is the econ- Now, let me take just one moment to laws. That is right. He is technically omy in Europe growing? It is 1 percent. rebut an all-too-often made allegation right. We just have to pay massive pen- How fast is the European economy against U.S. membership in the WTO, alties to foreign governments to keep growing? It is 1 percent. The China namely, that membership is a violation them. economy is growing at 9 percent, but of U.S. sovereignty and the U.S. Con- This is an extraordinary undermining let us look at what that means. Nine stitution. WTO dispute panels cannot of the sovereignty of the United States percent of the Chinese economy is less overturn or change U.S. Federal, State, of America and the interests of the than 4 percent of our economy. So I or local laws. They have no authority American people. This is not about free can say with all certainty that we to change a U.S. law or to require the trade; this is about corporate-managed have, in terms of dollars, the fastest United States or any State or local trade through a secretive body which is growing economy in the world. No government to change its laws or deci- dominated by those very same corpora- question about that. sions. Only the Federal or State gov- tions and many dictatorial govern- And of this economy, what percent- ernments can change a Federal or ments around the world; and the U.S. is age is exports? It is 25 percent. Are we State law. bound by their secretive decisions. This not concerned about those jobs? And If a U.S. law is inconsistent with the is absolutely outrageous. when we talk about the loss of jobs in WTO, our trading partners may with- To date, the WTO has ruled U.S. poli- the United States, we are not talking draw trade benefits of equivalent ef- cies illegal 42 out of 48 cases, 85.7 per- about a net loss; we are talking about, fect. However, under trade agreement cent that has been brought against us. yes, there has been some loss of jobs rules, the United States retains com- They ruled illegal regulation issued and, yes, a lot of these jobs have been plete sovereignty in its decision of how under the Clean Air Act; the United because of foreign competition, yes. to respond to any panel decision States Tax Code; laws to protect com- But our economy has grown in other against it. That was made abundantly panies from unfair dumping or sub- areas, so it has also created jobs. If we clear the last several years as Congress sidized foreign products, among others. look at just the jobless rate of where grappled with changes to our corporate And it is true. We can keep those laws we are now and where we were a few tax structures for foreign sales cor- if we are willing to pay massive fines years ago, we are doing pretty darn porations, or FSC, to accommodate to keep them. good. If we look at the world economy, commitments we have made to our Now, what kind of sovereignty is we are doing really good. trading partners. Only Congress could that? Next in their sights are buy So why would we want to send a mes- make those changes to the law as we America laws, those referenced by the sage to the administration by attempt- grapple, and we grappled, with that. gentleman from the Carolinas. What he ing to throw the world economy into Those who falsely portray the WTO said is he does not want to see a Social chaos? It makes absolutely, absolutely as a violation of U.S. sovereignty are Security program administered from no sense. ones who simply want an unfettered China. Now, people would have thought Mr. Speaker, I yield 3 minutes to the ability to preserve or create more pro- that was a weird thing to say. No. The gentleman from Arizona (Mr. KOLBE). tectionism. WTO requires we cannot discriminate Mr. KOLBE. Mr. Speaker, I thank the I urge my colleagues to vote against in terms of who the vendors will be. In gentleman from Florida for yielding this resolution and to continue the fact, homeland security can be pro- me this time, and I want to associate U.S. membership in the World Trade vided by the Chinese, or maybe even by myself with his remarks, and I appre- Organization. ciate his leadership on this. Mr. SANDERS. Mr. Speaker, I am Iran, under the rules of the WTO. Will Mr. Speaker, I rise in opposition to happy to yield 3 minutes to the gen- that not be just peachy? the resolution calling for the U.S. tleman from Oregon (Mr. DEFAZIO). This is an extraordinarily radical withdrawal from the World Trade Orga- Mr. DEFAZIO. Mr. Speaker, the eco- agreement which we do not need. The nization. nomic disaster wrought by a radical U.S. did just fine as the greatest trad- The WTO is the most important free trade policy on the working people ing Nation in the world with bilateral international organization that gov- of America is well documented, but I agreements. We can go back to that erns world trade. Decisions are made am going to focus on another aspect of system, and we can do better than we by the member countries. The WTO has this WTO agreement that the previous are doing under this so-called rules- 148 members and 31 observer govern- gentleman spoke about. He said that based system. ments, many of those, most of those the secretive dispute resolution panel, Mr. SHAW. Mr. Speaker, just one mo- are applicants for membership. Its which has no conflict-of-interest rules, ment, I think, to respond to the gen- members represent over 95 percent of does not allow outside interveners, tleman who was just in the well, and world trade. Trade agreements admin- only allows the two representative gov- that is in the 10 years that we have istered by the WTO cover a broad range ernments into the room, and delib- been members of the World Trade Or- of goods and services trade and apply erates secretly and comes up with a ganization, our environmental laws to virtually all government practices binding, a binding, decision and cannot have never been challenged, have never that directly relate to trade; for exam- change U.S. laws. been challenged, nor will they. ple, tariffs, subsidies, government pro- Now, I raised this issue with the Clin- Mr. Speaker, I reserve the balance of curement, and trade-related intellec- ton administration when they nego- my time. tual property rights. tiated this misbegotten agreement; and Mr. CARDIN. Mr. Speaker, I am now U.S. membership and leadership in I said, How can you enter us into an pleased to yield such time as he may the World Trade Organization is essen- agreement where secretive panels can consume to the gentleman from Michi- tial. It is definitely in our national and preempt our laws? They said, oh, you gan (Mr. LEVIN), the former ranking our political and our economic inter- do not understand, you are wrong, just Democrat on the Subcommittee on ests to continue to be a member. Our like the gentleman before me. Yes, it is Trade, one of the senior members of membership translates into real eco- technically true, they cannot reach the committee on Ways and Means.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.014 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4307 (Mr. LEVIN asked and was given per- Also, relating to China, I have been what the administration and our new mission to revise and extend his re- very dissatisfied with the way the WTO USTR, Mr. Portman, said this morn- marks.) has handled the annual review of Chi- ing. Mr. LEVIN. Mr. Speaker, I rise in op- na’s obligations that we worked so What is at stake is the development position to the proposal that we with- hard to bring about. Part of the prob- of a middle class that is so critical. draw from the WTO. I urge that we lem is with the WTO in Geneva, part of And I am going to say more about this look at this basic question: on balance, the problem has been our administra- later today. The experience in coun- would we be better off if there were not tion that has not vigorously, and the tries is that workers are a critical part a WTO? And I think the answer to that gentleman from Maryland (Mr. CARDIN) of the evolution towards a strong mid- is we would not be. has worked so hard to illustrate this, dle class. Expanded trade has occurred in this the administration has not worked ac- There was a reference by Mr. country and in this world. It is not a tively enough to get China to live up to PORTMAN to Jordan. And what he said, win-win proposition, as some people its agreements. So more needs to be that CAFTA is stronger than Jordan, it like to say. There are losers as well as done by the administration, and we is simply not true. It is not correct. winners, both individually and in na- have been losing too many cases, and Jordan has reference in its agreement tions. It is not an easy proposition, ex- we have been filing too few cases. to the core labor standards, that is not panded trade. However, globalization is So my suggestion is that we focus true of CAFTA. And the enforcement here to stay. There is no turning back today on the accomplishments, but capability in Jordan was left to each the clock. The question is to try to also the barriers, to effective operation country to undertake. make the hands tick well and in the of the WTO. So I just wanted to comment on this, right direction. because the bilateral agreements were b 1115 There has been some argument about supposed to be a building block where sovereignty. It is not true that WTO One issue the WTO has totally failed the WTO did not address an issue; and decisions do not impact U.S. laws. That to address relates to core labor stand- there is a failure at this critical point is not true. I supported the GATT ards. On environment, they have kind of globalization, a critical missed op- agreement; I helped to shape the imple- of a group that looks at environmental portunity in terms of helping the bene- mentation language. Did it have some issues. fits of globilization being widely impact on U.S. laws? Yes. Were there On core labor standards, there has shared. some requirements that U.S. laws be been resistance to address this. Years I want to close, and I will say more changed? Yes. By definition, tariff ago, there was a proposal by the Clin- about this later today, why it matters agreements require changes in laws ton administration to set up a working to the U.S. It matters in terms of Cen- here and everywhere else, unless they group within the WTO. That was re- tral America, which, as I say, has such are decreed by edict. The WTO changed sisted, resisted by many, including de- income disparities that are true of from GATT, and so now there is a final veloping nations. Latin America generally. dispute settlement mechanism. I think I think now, as developing nations What it means is, as to Central on balance that was a good idea be- have to compete with each other, in- America, if workers are not going to be cause, otherwise, every country could cluding China, where labor standards able to participate, to have freedom, to veto, and that was not workable. essentially are nonexistent, those de- be able to associate, to become a part But we have to look at the problems veloping nations are beginning to say, of the workplace, and are going to re- as well as the promise, the problems as well, maybe the WTO should address it. main in poverty, it is bad for those well as the achievements. But it has not. workers, it is bad for those countries The dispute settlement system is The argument was, okay, let us use that desperately need a middle class, it flawed. The answer is not to withdraw bilateral agreements as building blocks is bad for our workers who will not from the WTO; it is to work hard to in a number of areas, including core compete with countries where workers change the dispute settlement system. labor standards. And that is why I are suppressed, and it is bad for our As was said earlier, it is very opaque, want to say just a few words now about companies if there is no strong middle that is true. There is not an openness the failure of this administration to class to purchase our products. that there should be; and when it use bilateral agreements effectively as So I am deeply disappointed by this comes to our safeguard provisions that a building block when it comes to basic effort to skirt this basic issue at this many of us worked hard to put into core labor standards, the ILO labor important time. A building block? No, law, the gentleman from Maryland (Mr. standards, child labor, forced labor, CAFTA moves backwards from the CARDIN), who is the ranking member, nondiscrimination, and the right of present status instead of moving for- was part and parcel of that, as well as workers to assemble, to organize, to ward. And this notion that we are the gentleman from New York (Mr. have unions if they desire, and to bar- going to give more money to our Labor RANGEL), and those on the Republican gain collectively. Department to enforce the laws, when side, we worked hard to put safeguards CAFTA is a vital agreement in terms they are cutting the budget, this Con- in. Every challenge to safeguards has of where globalization is going. In gress and the administration, are cut- been upheld by the WTO. We have lost Latin America, there is growing unrest ting these moneys for ILAB and other every case. We have not known what and changes in government, in part be- parts of the Labor Department. You went into the consideration of the deci- cause of the failure to have the large cannot pour money to enforce inad- sion fully, we did not see all the briefs, numbers of people, the largest propor- equate laws and have it work out well. and we did not know the basis for the tion of people, share in the benefits of So, in a word, what we need is a trade decisions, in many cases. In some cases globalization. policy built on a bipartisan foundation, they went beyond the language of the So what did this administration do which is not true today. What we need WTO agreements. under these circumstances? It nego- is a trade policy that helps move A Wall Street Journal article earlier tiates a standard, enforce your own globalization forward, that makes sure this month had this statement about laws. Enforce your own laws is only that more and more people share in the panelists: ‘‘They don’t have time to de- used as to core labor standards, not as benefits of globalization. Pulling out of velop expertise and procedural and to intellectual property or tariffs or the WTO is not going to accomplish technical aspects of the dispute settle- anything else. And the tragedy of it is that. Instead, we need to work together ment system.’’ And we are going to that the laws in Central America, to to make the WTO more responsive in have them judge the Boeing, the com- some extent the Dominican Republic, all respects and also to make sure that plicated Boeing case, for example? We do not meet the basic standards giving our bilateral agreements meet the need to change, and work harder to people the freedom in the labor mar- challenges that the WTO is not meet- change, the dispute settlement system, ket. That is the basic fact. The ILO re- ing today. On the latter, this adminis- not to withdraw from the WTO. ports say so, despite what the administration continues to fail. So there are some major structural tration tries to say. Their own State Mr. SHAW. Mr. Speaker, so that no problems. Department reports say that, despite one listening to this debate is confused,

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.016 H09PT1 H4308 CONGRESSIONAL RECORD — HOUSE June 9, 2005 this vote has nothing to do with DR- ture or should we simply withdraw? tries, they had to deal with each other. CAFTA, it has nothing to do with free That really is not a difficult decision That El Salvador, Guatemala, Hon- trade, it is simply are we going to con- for most Members; and, overwhelm- duras, et cetera, all had to come to- tinue as part of the World Trade Orga- ingly, we will agree to stay in the gether as a region, which, first of all, is nization. World Trade Organization when we fundamentally significant. They are Mr. Speaker, I yield such time as he vote on this particular measure. not looking at themselves as individ- may consume to the gentleman from But what you are hearing primarily uals. The final question was an indi- California (Mr. THOMAS), the Chairman are complaints and concerns that we vidual one, but they looked at them- of the Ways and Means Committee. have about the ongoing world trade re- selves as a region. Once they did that, (Mr. THOMAS asked and was given lationship; and, heaven knows, I can we then entered into trade negotia- permission to revise and extend his re- wheel out all of my arguments as well. tions with them. marks.) But, as correctly pointed out by the You need to know something about Mr. THOMAS. Mr. Speaker, I thank gentleman from Florida (Mr. SHAW), those trade relations. They were not the gentleman from Florida (Mr. SHAW) this is narrowly on the WTO issue. driven by the Central American coun- on that clarification, because I find it But let me just select a couple of tries’ desire to get into the U.S. mar- kind of ironic, the fact that we are on areas of trade action by the United ketplace. Normally, we can say an op- a fundamental question, should the States in the last several years. portunity to get into the U.S. market- United States continue to belong to First of all, under the Constitution, place is a pretty good club in which we the World Trade Organization or not, all trade-related activity with foreign can get them to agree to various things complaining about degrees of dif- countries is constitutionally the re- we want them to agree to. Obviously, it ferences in various pieces of trade leg- sponsibility of Congress. is voluntary on both sides, but the in- islation. Now how many trade agreements do centive of getting into the U.S. market That is, in fact, how we got here in you think we would reach if we went to is a terrific reason to push the agree- the first place. Prior to World War II, a country and said, come on in, nego- ment probably farther than they would in fact, many historians argue the rea- tiate with the House and the Senate, want, because the reward is getting son we got into the Great Depression as wait until we go through a conference into the U.S. market. deeply as we did is because the United committee in deciding what that Not the case in Central America. We States chose to throw up significant agreement is going to be, and you gave away the U.S. market for secu- tariffs and barriers to commercial ought to agree ahead of time before rity, humanitarian reasons. Their prod- interaction among nations. you see the final product? ucts come into the United States tariff Following World War II, there was an Now, obviously, that led to a desire free already. If there is no CAFTA, agreement that we should not do that to restain the responsibility but pro- their products still come into the U.S. again; and we created a rather imper- vide the administration the ability to market virtually tariff free. fect agreement called the General do the negotiating nation to nation. Basically, what we are trying to do is Agreement on Tariffs and Trade. It was We are currently under the trade pro- open up the Central American market as good as we could get at the time. As motion authority structure. Can you to U.S. goods and services where they we continued to operate under the Gen- imagine the World Trade Organization have high tariffs. And when you nego- eral Agreement on Tariffs and Trade, where every country has a veto, you tiate freely, one of the things you can- with so-called rounds named after var- can only to things by unanimous agree- not do is dictate to other people what it is that they are going to do inter- ious cities, which has become a tradi- ment, and how rapidly you can advance nally in their country. You can set tion now, the Uruguay Round, the concerns that you have when the pri- standards, you can cajole, you can cre- Tokyo Round, the Rome Round, we de- mary criteria is unanimity? cided that we need to move to another So one of the reasons we continue to ate a mutual growth structure, you can bring money to the table to assist level, a higher level of integration and use bilateral country-to-country rela- them in moving forward. That is basi- coordination; and that became the tionships and regional agreements, in cally what the United States does with World Trade Organization. part, so that we do not get bogged the rest of the world on bilateral and The United States was somewhat down by waiting for the WTO, but also regional agreements. frustrated, one, in our dispute resolu- to a certain extent, since we believe in tion mechanism, and the problem was transparency, since this country is the b 1130 we were winning with no substantive most open large country of trade, im- And the CAFTA agreement is good result in those disputes. We thought we port, export, of any in the world, that for the United States in terms of the needed a better dispute resolution open markets all over the world are economics of getting into the Central mechanism. good. American marketplace so that we have Marginally, the one we have today, I So when you examine a bilateral a little more of a level playing field believe is better. Is it good? Not yet. As agreement, for example, like the with other countries around the world. the gentleman from Michigan (Mr. United States and Singapore, Singa- But it also is a chance for these fledg- LEVIN) indicated, I think there needs to pore obviously is not too worried about ling and growing democracies to have be a much higher degree of trans- agricultural product protection. They the input of knowledge, training, and parency, especially on the resources are worried about intellectual property financial assistance in growing their used to research decisions. That will be rights. They are worried about serv- responsible labor structure as well. an ongoing point of discussion. ices. Most of this is tinted with ‘‘protect But what is good primarily I think We were able to enter into an agree- America’’ as the argument. America for the United States and the World ment with Singapore, the United does not really need protection. Amer- Trade Organization restructure from States and Singapore, to set a mark for ica needs the opening of markets the General Agreement on Tariffs and other countries on what is the best way around the world in voluntary struc- Trade is that agriculture became one of to deal with those particular concerns; tures whether they be bilateral, re- the points of discussion and impor- and that is down now as an agreement gional, or multinational, as the WTO tantly for the U.S. services and finan- which we can point to as a model that is. There will always be resistance. cial instruments and in the protection we should move forward on dealing China coming into the WTO was a good of intellectual property rights. Those with other countries. thing. Are we having difficulties with were critical. These were, in essence, A regional agreement would be the them? Yes. Will they continue to have new additions; and we are continuing Central American Free Trade Agree- difficulties with themselves as they ad- to try to expand those areas that coun- ment, and what is left out of the dis- vance as the world’s largest nation? tries sit down and discuss under a cussion with CAFTA are just a couple Yes. But those discussions occur under structure. of points I would like to mention. a framework which over time has got- The decision today is, should that One, before we decided to deal with ten better and will get better, espe- imperfect structure remain and we con- the region, we told those countries, ini- cially with the United States leader- tinue to work toward a better struc- tially the five Central American coun- ship.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.019 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4309 For the United States to walk away cause if we put that China must have Mr. Speaker, I yield 2 minutes to the unilaterally from what is the best his- the right to organize in any of their gentlewoman from Michigan (Ms. KIL- torical example of nations dealing eco- conduct of commerce in their country, PATRICK). nomically in a meaningful and useful that would be ruled WTO illegal and Ms. KILPATRICK of Michigan. Mr. way makes no sense whatsoever. And the United States would be subject to a Speaker, I thank the gentleman for that is why overwhelmingly the vote fine or sanctions by the WTO just for yielding me time. today will be ‘‘no’’ on withdrawing standing up for workers’ rights. Mr. Speaker, I strongly oppose the from the WTO. Does that resolve any of There is a moral imperative here, and pull-out of the U.S. of the WTO. This is the ongoing difficulties we have in that imperative is as old as this coun- a global economy that we live in. We terms of our perception of the world, try. But it is also consistent with basic have got to be at the table to work how fair the world is, how open mar- Christian morality, and may I quote with the companies and work with the kets in the world are, what instru- from a Papal Encyclical, Leo XIII, 1891 countries that are taking our jobs, and ments we need to use to try to push a in Rerum Novarum said, ‘‘Let the I believe the pull-out is the wrong more transparent and open market- working man and the employer make thing to do. place, between countries, among coun- free agreement and in particular let Should it be strengthened? Yes, it tries, and in fact in all trading nations them agree freely as to wages. Never- should and the administration should of the world? Of course not. theless, there underlies a dictate of reject all principles that would make All of those issues will continue to be natural justice more imperious and an- our trade laws weaker. If we talk about before us, but they will be before us in cient than any bargain between man intellectual property rights, we need to a structure which allows us to meas- and man, namely, that wages ought not enforce those that are in there. And ure, allows us to judge, and most im- be insufficient to support a frugal and the Bush administration and our U.S. portantly allows us to change as the well-behaved wage earner if through administration, regardless of who sits key competitive component between necessity or fear of a worse evil the in that White House, must make sure nations of the world today and tomor- workman accept harder conditions be- that those property rights are enforced internationally, and that is what the row will be the question of trade. And cause an employer or contractor will WTO should be about. ordered and structured competition is afford him no better. He is made a vic- In 1995 when the WTO was estab- tim of force and injustice.’’ to the advantage of the United States. lished, I thought then and I do hope I maintain that the WTO helps to And that is why overwhelmingly you now that dispute resolution procedures keep in place a structure of force and will see support staying in the WTO, would be those where we could come to injustice against workers because we in nurturing and growing the WTO, not- the table to resolve some of those dis- this country cannot pass laws that withstanding the fact that we have a putes. The dispute process has become would lift the yoke of this force and in- whole lot of concerns about a whole lot too cumbersome, too lengthy; and justice off workers anywhere in the of issues. many times we find our companies, world because the WTO does not per- Mr. SANDERS. Mr. Speaker, how U.S. companies, not taking advantage much time remains? mit, does not permit any type of work- and being very much put out of busi- The SPEAKER pro tempore (Mr. ers’ rights to be included or to be re- ness. FOSSELLA). The gentleman from garded. They are WTO illegal. We can- The steel industries in my district, Vermont (Mr. SANDERS) has 38 minutes not pass workers’ rights and put them too much dumping from some other remaining. The gentleman from Mary- in our trade agreements. countries into America. We ought to land (Mr. CARDIN) has 8 minutes re- Another Papal Encyclical from Pope rectify that so that U.S. companies can maining. The gentleman from Florida Paul VI, Populorum Progressio: ‘‘But take U.S. companies and that we be (Mr. SHAW) has 121⁄2 minutes remaining. it is unfortunate that on these new able to employ our citizens. Mr. SANDERS. Mr. Speaker, I yield 4 conditions of society, a system has Too many dislocated workers, the minutes to the gentleman from Ohio been constructed which considers prof- only way to address this is to stay in (Mr. KUCINICH). it as the key motive for economic the WTO to work with the other coun- Mr. KUCINICH. Mr. Speaker, I could progress, competition as the supreme tries. And our administration must see hardly believe my ears to hear one of law of economics, and private owner- that our rules, our trade laws, our emmy colleagues say that America does ship with the means of production as ployees’ rights are saved. We want to not need protection from the WTO. We an absolute right that has no limits upgrade and lift up other countries, but have lost almost 3 million manufac- and carries no corresponding social ob- we must save America. turing jobs. Tell that to those millions ligation.’’ He goes on to say that ‘‘this America is in crisis. Our workers, too of families who have seen their lives leads to a dictatorship rightly de- many have lost their jobs and many destroyed by this trade structure nounced by Pious XI by producing the more to come. I represent General Mo- which is based, inherently based, on in- international imperialism of money.’’ tors, and this week they announced the equality. There is a moral imperative here closing of more plants, dislocating We have a $617 billion trade deficit. that we have to recognize that we need more workers and at the same time put America does not need protection? trade agreements that have workers’ $2 billion in China last year. We have workers who are struggling rights, human rights, and environ- So I say stay in the WTO; make it to save their homes; but these trade mental quality principles; and we can- better. This is a world economy, and agreements are causing jobs to be not have that with the WTO. It is time the U.S. is the most powerful. I would moved out and people do not have the to get out of the WTO and set up a hope that as we move forward in this opportunity to save their homes. trade structure based on those prin- discussion, and I know the vote will be I have been all over this country, and ciples. overwhelming that we stay, that we I have seen padlocks on gates and grass Mr. CARDIN. Mr. Speaker, I yield build it and that we make sure that the growing in parking lots where they myself such time as I may consume. countries that are taking our jobs have used to make steel, where they used to Mr. Speaker, first let me say that I a responsibility to the workers of this make cars, where they used to washing agree with my colleague that we country. machines, where they used to make bi- should be negotiating higher labor However Members intend to vote on the cycles. America does not need protec- standards, at least international labor resolution before us, the issue of trade rem- tion? standards; but I would suggest the way edies under the rules established by the World Yes, it is time for us to get out of the to do that is engagement, not to pull Trade Organization (WTO) is of paramount WTO because the WTO has set the out of the WTO and to do better in our concern to the industries of my district in the stage for a driving down of the quality bilateral agreements. I agree with him years ahead. How we address this issue will of life in this country. Everyone in this on CAFTA and to elevate the WTO to be an important factor in determining whether House knows that we cannot write into do better on international standards. we can retain support for open markets and our laws that workers’ rights must be The withdrawal would leave these the international trading system as we know it. regarded, let us say, in China. I want countries without any opportunity to Countries like China, Japan, and India that someone here to contradict that be- improve labor standards. have most consistently dumped in this market

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JN7.021 H09PT1 H4310 CONGRESSIONAL RECORD — HOUSE June 9, 2005 and violated international rules are pushed Worse, the WTO struck down steel jobs. We cannot put our head in the hard to have those disciplines eviscerated. safeguards that were put in place after sand. Pulling out of the WTO is the That would be a disaster for U.S. manufactur- record levels of illegal steel dumping economic equivalent of throwing the ers, agricultural producers and workers. caused more than 40 steel companies baby out with the bath water. Anti-dumping and anti-subsidy laws have al- into bankruptcy and more than 50,000 What has happened since we have ready been critically weakened as a result of steel workers to lose their jobs. gone into the WTO? Let us look at the groundless WTO dispute resolution decisions. In 1994, the last full year before the challenges that confront us. If we see yet another new trade agreement WTO came into existence, the United We talk about China, a very appro- that limits the use of these laws, I am afraid States had a trade deficit, unfortu- priate topic to discuss here. Since they will become completely ineffective. nately, of about $150 billion. During China joined the WTO, do my col- Our trading partners, in the name of free 2004 the U.S. trade deficit hit an all- leagues know how many laws we had to trade, have been effective in putting forward a time high of $650 billion, an increase of change and pass in America to go number of specific proposals that are de- 333 percent. We have clearly benefited there? Zero. Do my colleagues know signed to weaken U.S. trade laws. Congress under the WTO. how many laws China had to change, is on record as opposing these efforts and I A more frightening figure is that the laws and regulations, to enter the welcome this opportunity to advocate that our U.S. trade deficit last year with China WTO? 1,100. To get into the WTO, to top priority should be to preserve core trade alone was more than our trade deficit join countries of fair trade, China had disciplines. However, our trade negotiators was with the entire world the year be- to change 1,100 laws. Are they fol- have not offered meaningful proposals to chal- fore the WTO was created. As we de- lowing all these rules and agreements? lenge those who would weaken our trade rem- bate this resolution today, we will bor- Of course not. But because they are in edy laws. This is a recipe for failure. row an additional $1.7 billion in these the WTO, because we have the WTO, we If the Administration comes back with an 24 hours for our children to pay off for finally have a forum, a mechanism, a agreement that waters down our trade remedy the rest of their lives just to finance system to bring these countries into laws even further, I am confident we will see the trade deficit we are accumulating compliance to play by the rules. If we a strong backlash in Congress—and a major today under the wanted WTO. did not have this system, all these effect on support for any new trade agree- I appreciate my colleague from countries could play by whatever rules ments. Vermont for bringing this resolution to they set. Support for the WTO cannot be taken for the floor. I support it and ask my col- We are the economic superpower of granted in Congress or in this country if we leagues to do so as well. the world. We play by the rules. We are cannot maintain the assurance that unfair Mr. SHAW. Mr. Speaker, I would re- the most transparent, most honest, trade can and will be remedied. I urge the Ad- mind the gentleman in the well that of most basic system in the world. We ministration to focus on this issue and to reject the 50 cases we have brought before the need other countries to play by the any WTO deal that would weaken U.S. trade World Trade Organization, we have same rules, too, so we can all join to- remedy laws. Otherwise, we may well see the gether in growing economic growth next WTO vote have a very different outcome won 46 which is a 92 percent success here in America and across the world. than is likely today. rate. Mr. SANDERS. Mr. Speaker, I yield 3 Mr. Speaker, I yield 3 minutes to the Pulling out of the WTO would be the minutes to the gentleman from Indiana gentleman from Wisconsin (Mr. RYAN), economic equivalent of biting off our (Mr. VISCLOSKY). a member of the Committee on Ways nose to spite our face. Mr. VISCLOSKY. Mr. Speaker, I and Means. Since we have had China in the WTO, I have been critical of the administra- thank the gentleman for yielding me b 1145 time. tion’s stance in its first 3 years. I have Mr. Speaker, in 1994 I supported the Mr. RYAN of Wisconsin. Mr. Speaker, joined with my colleagues on the other establishment of the WTO. I supported I appreciate the gentleman for yielding side of the aisle criticizing the admin- the establishment of it because the cre- me time. istration on their China policy. How- ation of the WTO was supposed to Mr. Speaker, this is a good debate. It ever, over the past year and a half, the lower trade barriers. The WTO was sup- is a good, healthy debate that we are administration, through the WTO posed to include developed and devel- having here on the floor of Congress. rules, has brought 12 different actions oping countries, and environmental The earlier speaker, the gentleman against China. and labor standards were expected to from Ohio, cited some papal encyc- We are making success. We are bring- rise for all. licals, but, as a practicing Catholic, I ing accountability. Pull out now, and The WTO was created with the as- will be the first to defend his right to the situation gets much worse. Stay in sumption that the rules would be ap- do that here on the floor, but I also it. Fight for fair trade. We can clean up plied fairly to all. Today, I am voting think there are some bigger issues we these rules, and that is the only way to against the WTO because it has failed need to talk about. bring other nations into the fair trade to deliver on any of its promises. The First of all, how do we keep jobs in arena. WTO was created by sovereign nations America? We all care about that. This Mr. SANDERS. Mr. Speaker, I yield to create a true international trade is what we are talking about. I would myself such time as I may consume. community, but today the WTO is ma- argue we have got to do basically two My good friend mentioned what has nipulated by multinational corpora- things: stop pushing jobs overseas and happened since China has joined the tions with a loyalty to nothing but stop countries from unfairly taking WTO. I think he has neglected to men- their bottom line. These multilaterals jobs overseas. tion that our trade deficit with China are patronizing, not patriotic. They How do we stop pushing jobs over- has soared, that millions of jobs have treat human labor as nothing more seas? Well, for starters, we can address left the United States to go to China. than disposable machinery. The only health care costs. We can address the Mr. Speaker, I am very pleased to discernable labor standard under the fact that we tax our businesses and our yield 4 minutes to the gentlewoman WTO is exploitation. jobs more than any other country in from California (Ms. WATERS). Under the WTO there are two envi- the world, save Japan. We can address Ms. WATERS. Mr. Speaker, I rise to ronmental standards, pollute and to tort costs, regulatory costs, have a support House Joint Resolution 27 to spoil. Moreover, there is no trans- comprehensive energy policy to make withdraw the United States from the parency at the WTO. Who is in charge? energy more affordable. World Trade Organization. The WTO is grossly prejudiced How do we stop countries from un- The WTO is not about free trade or against U.S. interests. As one of my fairly taking jobs overseas? We have to fair trade. It is about corporate power. colleagues mentioned earlier today, remember, Mr. Speaker, that 97 per- WTO rules allow America’s labor, envi- the U.S. has lost 42 of 48 cases. cent of the world’s consumers are not ronmental and public interest laws to I am proud to be an American cit- in this country. They are outside of be challenged by multinational cor- izen. I understand, however, that the this country. One in five manufac- porations seeking profits and power. United States is not always right. But turing jobs are tied to exports. Ex- Other countries have also seen their only 121⁄2 percent of the time? ports, on average, pay more than other domestic laws challenged in order to

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.001 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4311 expand corporate power. The WTO sac- tions ahead of the health, safety and Mr. SANDERS. Mr. Speaker, I am rifices the rights of workers, the pro- welfare and well-being of working fam- pleased to yield 4 minutes to the gen- tection of the environment and the ilies. tleman from Utah (Mr. BISHOP). health and safety of working families. I urge my colleagues to support the WTO Mr. BISHOP of Utah. Mr. Speaker, it WTO rules support corporations to Withdrawal Resolution. It’s time to stop the is with a combination of perhaps res- move their operations from one coun- global expansion of corporate power and put ignation and frustration with which I try to another in search of the cheap- working families first. stand here. est labor and the least government reg- Mr. LEVIN. Mr. Speaker, I yield 2 Will Rogers once said, in explaining ulation. If a country enacts a minimum minutes to the gentleman from New the length of a political platform, that wage law, a corporation that does not York (Mr. MEEKS). it takes a lot of words to straddle an want to pay a decent wage can simply Mr. MEEKS of New York. Mr. Speak- issue, and I have every intention of move its factory to another country. If er, I rise today to urge my colleagues using a lot of words here this morning. workers in that country organize a to reject any attempts to withdraw the I think, like many people, like most labor union, the corporation can move United States from the WTO and vote of us, we have no fear of free trade, the factory to a third country. Many no on final passage. that the United States, playing on a corporations prefer to operate in coun- When instituted correctly and fairly, level playing field, can easily compete tries such as the People’s Republic of trade agreements open up foreign marin the world market, and I do not as- China, which outlaw independent labor kets to U.S. goods, create new opportu- cribe to some of the statements that I organizations. The WTO has no restric- nities for companies and their employ- think have been somewhat overzealous tions on sweatshops, child labor, prison or vitriolic in describing policies here. labor or slave labor. ees, and lift the standard of living for people in the country with whom we I also agree that in some respects mov- WTO rules promote investment oping out of the policy we have right now portunities for multinational corpora- are trading. Economists estimate that cutting trade barriers in agriculture, without a substantial alternative tions without regard to their impact on would be chaotic. Having said that, workers, the environment or the public manufacturing and services by one- third would boost the world economy this is where the ‘‘but’’ comes in. interest. Countries’ labor, health and I intend on either giving a symbolic by $613 billion, equivalent to adding an environmental laws can be challenged vote or maybe a symbolic speech in economy the size of Canada to the if they have a side effect of restricting place of that vote with concerns of sov- world economy. The WTO is needed to trade. ereignty issues that are dealt with here monitor this process and ensure a level In the 10 years since the WTO was es- and that some of those voices that are playing field. tablished, a wide variety of U.S. and concerned about sovereignty issues are foreign laws have been challenged. However, in certain cases, there is not just simply those fearful of the With only two exceptions, every not a level playing field. A great exam- dark but there are legitimate concerns health, food safety and environmental ple of this is Airbus. Airbus is cur- which require a periodic reanalysis of law challenged at the WTO has been rently the world’s leading manufac- what we are doing. ruled illegal. Meanwhile, multinational turer of civil aircraft, with about 50 I speak specifically about a case pharmaceutical companies have used percent of global market share. Airbus which has sent the Attorney General WTO intellectual property rules to received approximately $30 billion in from the State of Utah to join 28 Attor- deny poor countries the right to pro- market-distorting subsidies from the ney Generals from other States in provide live-saving medicine to people European governments, including test of the situation in which the with terrible diseases like HIV and launch aid, infrastructure support, World Trade Organization has thrown AIDS. debt forgiveness, equity infusions, and State statutes in jeopardy. They tried it with Brazil. The world research and development funding. Antigua, with which we had a policy protest against the attempt to keep These subsidies, in particular launch dating back to 1993, has complained Brazil from using generic drugs to save aid, have lowered Airbus’ development that laws prohibiting Internet gam- lives, prevent HIV and AIDS was costs and shifted the risk of aircraft bling as well as gambling and betting fought off because of the protest, and development to European governments, paraphernalia, which have been for they had to back down. and thereby enabled Airbus to develop about 100 years the social policy of But look what they did in South Af- aircraft at an accelerated pace and sell rica. I wish I had time to tell my col- Utah, violate trade organizations; and these aircraft at prices and on terms the trade organization ruled in favor of leagues about it. that would otherwise be unsustainable. In 42 out of the 48 completed cases Antigua. These unfair actions put Boeing at a It is inherently wrong for any adju- brought against the United States, the major disadvantage and leads to a neg- WTO has labeled U.S. laws illegal. U.S. dicative panel of any organization, ative impact to workers and businesses laws ruled illegal by WTO include tax internationally or trade, to put in jeop- in this country. By most conservative laws, anti-dumping laws, sea turtle ardy the kinds of State laws that we estimates, the unfair subsidies that protections and clean air rules. And have in place, especially when they Airbus receives have led the United when the WTO ruled in favor of the deal with social policies that have been States to losing at least 60,000 high- United States in a case on bananas, it there for almost 100 years. Whether paying jobs. was to benefit who? A large corpora- this is simply a glitch in negotiations tion, Chiquita, that has now driven As a member of the House Committee that can easily be worked out or Grenada and some of these small coun- on International Relations and the fact whether this is a systemic problem or tries into poverty. We do not produce that John F. Kennedy International whether, as the Attorney Generals are any bananas here in the United States. Airport is the economic engine of my arguing, that the States need a greater We protected Chiquita, who mistreats district, it is imperative that this body voice in the organization and the appli- its workers in Central America, and we support USTR Ambassador Robert cation of these trade policies, espe- put small Caribbean farmers out of Portman’s efforts to have a WTO dis- cially if it is going to relate to State work. pute resolution panel put an end to the law, that is the discussion that needs Mr. Speaker, after the WTO rules a unfair subsidies to Airbus. to take place. country’s laws illegal, the WTO author- Mr. SANDERS. Mr. Speaker, can I in- My State may have lucked out be- izes economic sanctions that cost the quire again as to how much time re- cause a clerical error in this particular country millions of dollars. These sanc- mains? case did not refer specifically to the tions put small businesses out of busi- The SPEAKER pro tempore (Mr. Utah State law; and, therefore, it may ness and workers out of work. History FOSSELLA). The gentleman from not be applicable. But the fear factor is has proven that the WTO does not pre- Vermont (Mr. SANDERS) has 27 minutes still there, that in the future State ef- vent trade wars. It authorizes trade remaining. The gentleman from Mary- forts, State regulations and State poli- wars. land (Mr. CARDIN) has 31⁄2 minutes re- cies may be put in jeopardy not only by The WTO puts profits of the world’s maining. The gentleman from Florida our trade policies but also by Federal wealthiest and most powerful corpora- (Mr. SHAW) has 91⁄2 minutes remaining. regulations that affect those trade

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.025 H09PT1 H4312 CONGRESSIONAL RECORD — HOUSE June 9, 2005 policies when they ought not to be. American workers. The negotiations trade representative’s office includes a That is the issue that needs to be peri- must ultimately bring us to a system position, and I am not making this up, odically addressed. that is fair for all member countries our trade representative’s office in- I recognize that this particular reso- while respecting the fundamental cludes a position called U.S. Trade lution is very narrow in its application. rights of a nation to determine its own Representative for Asia, Pacific and It may not be specifically on that law. Pharmaceutical Policies. So we are point, but it does at least give us the This administration needs to pay bringing the drug industry into the opportunity of saying not only is that very close attention to the issue as we USTR to make sure these trade agree- an issue and a concern for the future cannot sit idly by while the world un- ments protect the drug industry, usu- but it is an issue that we should take fairly threatens U.S. laws and remedies ally at the expense of American con- seriously and we should discuss seri- designed to protect our Nation against sumers who pay twice as much, three ously and we should address seriously unfair practices. times as much, four times as much for so that these particular problems, espe- The WTO clearly is not operating al- prescription drugs, and even more seri- cially as it deals with State issues and ways in the best interests of the United ously, frankly, who harm the world’s State rights, will not be put in jeop- States of America. However, it is the poorest people. ardy with the future. forum that exists; and as such, we need In the CAFTA agreement, as the gen- to remain partners with those that are b 1200 tleman from Michigan (Mr. LEVIN) said vigilant and vigorous defenders of both earlier, in Africa, in Asia, the world’s Mr. SHAW. Mr. Speaker, I yield 3 free and fair trade in that forum for poorest people have to pay more for minutes to the gentleman from Penn- the benefit of our Nation. prescription drugs because the U.S. sylvania (Mr. MURPHY). Mr. SANDERS. Mr. Speaker, I yield 5 has, in our trade representative’s of- Mr. MURPHY. Mr. Speaker, although minutes to the gentleman from Ohio fice, a U.S. trade representative for I disagree with much of what the WTO (Mr. BROWN) who has been leading this Asia, Pacific and pharmaceutical pol- does, I do not think it is in the best in- Congress in opposition to the disas- icy. It begs the question, What are our terest of our Nation to withdraw from trous CAFTA agreement. trade agreements for? that organization at this time. Doing Mr. BROWN of Ohio. Mr. Speaker, I Mr. Speaker, it is not like they are so would give the United States little very much appreciate the good work of working. Look what has happened to bargaining power as we work to pro- my friend, the gentleman from our trade deficit in the last 12 years. I mote a global economy that is both Vermont (Mr. SANDERS). came to Congress in 1992. We had a free and fair. Withdrawal would put in Mr. Speaker, earlier this week the trade deficit of $38 billion. In 2004, 12 jeopardy negotiations that are nec- Committee on Appropriations passed years later, our trade deficit was $618 essary to meet that goal. an amendment to prevent the U.S. billion. From $38 billion to $618 billion, However, my support for the long- trade representative from using trade and my friends are arguing our trade term goal of more equitable inter- pacts as a tool to block prescription policy is working? national trade does not translate into drug reimportation. The fact that ap- Look at our stagnating wages, the blanket support, but it is difficult to propriators in this body felt compelled fact that the top 10 percent of people in ignore the fact that the U.S. is increas- to take this dramatic step points to a this society are doing very well. Their ingly the target of WTO action. We are larger issue. Congress should not have incomes are going up and up and up. sued more than any other country, and to police the U.S. trade representative The 90 percent of the rest of the coun- our laws seem to be condemned by the to make sure he or she is acting in the try, their wages are stagnant and part- WTO every month. We have been the best interests of U.S. consumers. We ly because of trade policies. Look at defendant in 19 of the last 36 cases de- should not have to instruct our trade our crippling job loss in my State, and cided by the appellate body. These neg- representative to make sure that he is especially in manufacturing. ative decisions have threatened Amer- looking out for U.S. workers and U.S. Not only has our trade deficit gone ican products and American businesses manufacturers. We should not have to from $38 billion to $618 billion in only a with sanctions. For example, in recent tell the trade representative to protect dozen years, look at what has happened years the WTO has disapproved every- the environment and our food supply. in manufacturing. The States in red thing from our tax policies and trade Congress should not have to scour have all lost 20 percent of their manu- laws to our sovereign right to regulate every trade pact to make sure that facturing in the last 5 years. My State activity such as Internet gambling and some patent extension or importation of Ohio, 216; Pennsylvania, 200; Michi- set tariffs against unfair pricing by for- barrier or other Big Government gan, 210; Alabama and Mississippi com- eign countries. crutch designed specifically for the bined, 130; Illinois, 225; Virginia, 80,000; It is becoming all too clear that drug industry has not been inserted New York, 220,000. Our trade policy, these decisions are not the result of into the trade agreement by the U.S. Mr. Speaker, simply is not working. any shortcomings by this country or trade representative or by the Presi- When Members think about this, any true violation of international dent or by my friends on the other side maybe in fact some people would say rules; rather, one must wonder if we of the aisle. our trade agreements are working. are facing a forum that sees our coun- Congress should not have to take the After all, these trade agreements do try’s prosperity and economic success U.S. trade representative to task for work for the pharmaceutical industry. as an opportunity to further bolster trying to reverse the world’s progress Mr. SANDERS. Mr. Speaker, I yield 4 their own industries and markets. It against the global AIDS epidemic, minutes to the gentleman from Cali- seems as though nations are using the progress partially financed with U.S. fornia (Mr. ROHRABACHER). WTO to gain through litigation that tax dollars. Congress should not have Mr. ROHRABACHER. Mr. Speaker, I they could not secure through negotia- to fight the U.S. trade representative rise in thoughtful support for H.J. Res. tion. in order to ensure jobs for our Nation’s 27, and I say thoughtful because I be- But to help our economy, we cannot workforce, affordable medicine for our lieve we should take a good look at turn toward a simplistic, bellicose jin- Nation’s consumers, and manufac- what we are doing and what has been goism approach that blames the WTO turing capacity for our Nation’s pro- proposed and try to figure out what is and seeks protectionism as the answer tection. going to happen in the future, and what to all. What we need to do on our own Who does the U.S. trade representa- are the ideas that these decisions are is to pass our energy policy that is oth- tive work for? based upon. erwise costing us millions of jobs and The USTR should be acting in the in- We are living in a time when a sig- to pass our own health care reforms to terest of all Americans. If the inter- nificant number of Americans are rush- cut costs and not cut care. national drug industry benefits too, all ing forward to support any effort to Free trade is in everyone’s best inter- the better. Instead, the multinational transfer sovereignty from elected offi- est, and the WTO negotiations are vital drug industry’s interests trump those cials in the United States to unelected to securing new markets for American every day of everyday Americans. The officials elsewhere at a global level products and creating new jobs for tail is wagging the dog. In fact, our who will exercise power and control,

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.026 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4313 mandate policies and shape our lives; tablishing superpowerful, unelected Vermont (Mr. SANDERS) has 15 minutes yet they are not elected by the people bodies by the WTO to control our des- remaining, the gentleman from Mary- of the United States of America, as if tiny in the United States and deter- land (Mr. CARDIN) has 11⁄2 minutes re- we should expect them in the WTO or mine what economic policies we will maining, and the gentleman from Flor- even the United Nations to watch out have in the long run. These things ida (Mr. SHAW) has 7 minutes remain- for our interests. make no sense to me, and it is a great ing. Mr. Speaker, it is our job to watch threat looming over us. Whatever ex- The Chair will recognize the closing out for the interests of the American amples can be given today of some speeches in the reverse order of the people. We are elected to do so. Trans- good things that are happening, just openings: the gentleman from Mary- ferring our sovereignty and decision- remember what will happen 10 years land (Mr. CARDIN), the gentleman from making power to the WTO, to the down the road once these panels and Vermont (Mr. SANDERS), and the gen- United Nations, or any other inter- bodies have been corrupted by the vi- tleman from Florida (Mr. SHAW) has national body is not in the long-term cious dictatorships that we have let the right to close. interests of our people. into the WTO. Mr. CARDIN. Mr. Speaker, I yield The United States did this back in Mr. CARDIN. Mr. Speaker, I yield 2 myself the balance of my time. the 1950s or 1940s with the United Na- minutes to the gentleman from Cali- Mr. Speaker, I once again rise to urge my colleagues to reject this resolution. tions, and it too was a dream, a dream fornia (Mr. SHERMAN). for a better world, a new order that Mr. SHERMAN. Mr. Speaker, I will It is important that we work within a would bring about prosperity and vote against this resolution because it rules-based trading system in order to peace. What do we see now in the is a little too radical for where I am expand opportunities. Only by working United Nations, corruption at the high- now, but I am tempted to vote for it within a rules-based trading system est levels and arrogance. We see United because of the failure of our current can we raise the international bar on Nations peacekeeping troops stand by policies and the blindness of those who labor standards, on environmental standards. If we were to pull out of the as people are massacred. They them- defend them. selves have participated in atrocities, Those who defend our current poli- WTO, we would have no opportunity to raise at all the labor standards in other and yet we see cover-up at the United cies acknowledge that free trade puts countries or the environmental stand- Nations and corruption. Is that the pressure on countries to race to the ards. We need to be within a rules- type of people we want to give sov- bottom on environmental and labor based trading system to reduce bar- ereignty to? No. standards so they can be the low-cost, So why do we think the WTO is going riers. high-value producer. But the real dis- to be any different? The WTO is made The U.S. market is the most open connect is between the theory of free up of nondemocratic countries as well market. We want our trading partners as democratic countries, just like the trade and on-the-ground business re- to open up their markets. Staying United Nations. We are not going to ality. within the WTO offers us that oppor- bring them up; they will bring us down Those who defend the WTO live in a tunity. We need effective enforcement if we give up our decision-making proc- world of theory in which business and of our agreements. We need to work ess to unelected bodies that have been consumers will buy American goods if within the WTO in order to accomplish set up. they are good values, subject only to those objectives. And, Mr. Speaker, They call it the new world order. The the written transparent regulations here is an area where we must exercise new world order, what is that going to and tariff laws of their country. This more of our responsibility by changing bring the American people? A loss of theory is true in the United States laws and strengthening laws so that we sovereignty, a loss of our ability to where our businesses and consumers can enforce the obligations that we control our own destinies. We will see are happy to buy. We have lowered our have negotiated within the WTO. I will the WTO manipulated by special inter- tariffs, we have lowered our regula- be introducing legislation to do that, ests in the same way we have seen tions and barriers, and there has been and I urge my colleagues to work with other bodies manipulated by special in- an explosion of imports to the United me so that we can enforce the agree- terests, but the WTO will be made up of States. ments that we have reached with other organizations that are comprised of But the theory is false as to China countries. governments that do not believe in de- and many other nations. In those coun- Mr. Speaker, I urge my colleagues to mocracy and honesty and free press tries, their written laws are almost ir- reject this resolution. Let us work to- and free speech and the standards we relevant; and so we negotiate hard, we gether to open up markets. believe in. open our markets in return for a Mr. Speaker, I yield back the balance Mr. Speaker, 10 years from now as change of China’s written laws, and of my time. the WTO evolves, and even today, we then we are surprised when changing Mr. SANDERS. Mr. Speaker, I yield will find our huge international cor- those laws does nothing to open their myself the balance of my time. porations and international corpora- markets and the average person in To begin with, at a time when there tions in general going to these bodies China buys less than 3 cents, I believe is so much animosity and partisanship and manipulating them and bribing it is, of goods and services from Amer- in this body, I am very pleased that them. And why not accept the bribes? ica every day. what we have brought forth together is The people of Burma or China or these Why is this? Because their businesses a true tripartisan effort. other countries who are not demo- are told orally, do not buy from Amer- I want to thank the gentleman from cratic, who are not honest, that is their ica unless you get a co-production Texas (Mr. PAUL), the gentleman from way of life. So why are we transferring agreement, do not buy from America Oregon (Mr. DEFAZIO), the gentleman authority, putting our faith in an orga- unless you get a disclosure of our tech- from Tennessee (Mr. DUNCAN), the gen- nization, even if today in the short run nology and our manufacturing tech- tleman from Arizona (Mr. GRIJALVA), we can see some examples where it niques. So when an airline in the the gentleman from Indiana (Mr. might be in our benefit? In the long United States goes to decide which air- HOSTETTLER), the gentleman from run it is not to the benefit of the Amer- plane to buy, it does so on economic North Carolina (Mr. JONES), the gen- ican people to give up this kind of deci- factors. When China buys, they demand tleman from Ohio (Mr. KUCINICH), the sionmaking. that more and more production be gentleman from Wisconsin (Mr. SEN- If we want more trade in the world, shifted to China. No wonder we have SENBRENNER), the gentleman from we should establish bilateral trade this huge trade deficit and the dollar is Michigan (Mr. STUPAK), and the gen- agreements with other democratic certainly in peril. tleman from Colorado (Mr. TANCREDO) countries. That way we can control the for cosponsoring this amendment and, decision-making process. The major b 1215 as I think most people know, that cov- economic countries of the world will Mr. SANDERS. Mr. Speaker, how ers a very, very broad spectrum of po- enter into those agreements. much time remains for either side? litical thought. I say we should have free trade be- The SPEAKER pro tempore (Mr. Mr. Speaker, some have argued tween free people. We should not be es- FOSSELLA). The gentleman from against this resolution by saying it

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.029 H09PT1 H4314 CONGRESSIONAL RECORD — HOUSE June 9, 2005 would be a disaster if it were passed, The reality is, and they know it, Re- that somehow CAFTA has been that we would be withdrawing from the publicans know it, Democrats, conserv- brought into this debate by a couple of international economy, but the reality atives, progressives, when going back speakers. is that what we are trying to do here is to their district. In my State in the I would like to submit for printing in not to withdraw from international last couple of months, I had to talk to the RECORD a letter dated June 8, 2005, trade. Trade is a good thing. What we workers whose jobs are gone because which was just yesterday, from former are saying is let us send a message to those companies could not compete President Jimmy Carter to Mr. BILL the President of the United States to against imports coming in from China THOMAS, the chairman of the Ways and wake up and to fully recognize that our where workers are paid 30 cents an Means Committee, in support of current trade policies are an unmiti- hour. CAFTA. gated failure and that we have got to I would yield a moment to my friends In this letter, he says, If the United renegotiate them. We cannot continue on the other side if they want to tell States Congress were to turn its back on the policy of the race to the bottom. the American people that they think it on CAFTA, it would undercut these That has got to change. is fair that our working people should fragile democracies, compel them to Some of my friends say what we are have to compete against desperate peo- retreat to protectionism, and make it talking about is international rules, ple working for pennies an hour who go harder for them to cooperate with the and of course we are talking about to jail when they stand up for their United States. international rules. The problem is rights. I would yield to the gentleman This is the type of bipartisan co- that the rules within this WTO are from Florida, the gentleman from operation that we are about here rigged against the middle class of Maryland, or anyone else who wants to today. It is important, I think, to real- America. If the United States Congress tell me now that that is fair. I do not ize that this resolution came before the said, wait a second, we are going to hear anybody saying that it is fair. Ways and Means Committee because pass a law because we think it is unfair Mr. CARDIN. Mr. Speaker, will the we were required to take it up if it that slave labor in China is producing a gentleman yield? were to be filed under the law origi- product that is exported to the United Mr. SANDERS. I yield to the gen- nally bringing us into the World Trade States, or that child labor around the tleman from Maryland. Organization. On both sides of the world is competing against American Mr. CARDIN. Mr. Speaker, I believe aisle, I believe I am correct on this, workers, we will be ruled incorrect by that is unfair. I agree with my col- that the decision by the Ways and the WTO. A complaint will be waged league completely. The question is, Means Committee to report this out against us saying, gee, why are you why are we not negotiating with our unfavorably to the House, which we protesting slave labor or child labor? trading partners to do something about had to do procedurally, but to report it You are violating international free that? out unfavorably, I think, was unani- trade. Another issue that has not been Mr. SANDERS. Taking back my mous on both sides of the aisle. There is criticism as to what is hap- touched on today, a moral issue, which time, and I thank the gentleman. He pening, and some people would like to is very important, when I was mayor of says that it is unfair. But we have had change some of the things within the the City of Burlington in the 1980s, we this trade agreement, we have been in passed, as did cities throughout the the WTO for 10 years. We have had a framework of the World Trade Organi- country, as did the United States Con- Democratic President. We have had a zation, but the Ways and Means Com- gress, legislation which said to the Republican President. If it is unfair, mittee, I think, was very, very respon- apartheid regime which had then im- why is the President of the United sible. Now the question of jobs and the prisoned Nelson Mandela, we are going States not going to the WTO tomor- to impose trade restrictions against an row? Why did Bill Clinton not go? I do economy has been raised, and China apartheid regime. Mr. Speaker, if that not want to be partisan here. Why did has been brought into this debate. occurred today, if the City of Bur- neither of them go? And they are not China has got some problems with lington, Vermont, the State of going to go. their currency and some things we Vermont, the United States Congress, The issue here is that these trade need to do and their enforcement of said we want to bring down economi- agreements have been forced on Con- their own laws. I will yield that ground cally some type of fascistic govern- gress, not forced, Congress willfully did to those that bring that criticism to ment running the country, that coun- it, because of the power of big money. us. But I think it is important to real- try would go to the WTO and the WTO It is no secret. Some of us who were ize where those jobs are coming from would say, gee, you are in violation of here for NAFTA, some of us here for or where those exports, who are the free trade agreements. It does not mat- the China agreement, we know the mil- winners and losers with regard to the ter the morality of the issue. The only lions and millions of dollars in cam- Chinese exports. thing that matters is unfettered free paign contributions and huge lobbying The Chinese exports are draining off trade. effort on the part of the large corpora- the exports from Japan, Korea and Mr. Speaker, what my friends on the tions. Because the truth of the matter other Pacific Asian countries. That is other side of this debate have really is that while unfettered free trade is a where those jobs are coming from. If failed to discuss is the impact of the disaster for the middle class and work- you talk about and look at exactly the unfettered trade policies that we have ing families of this country, it really exports into the United States from been developing over the last 30 years. does benefit the heads of large corpora- that region of the world, you will see You have not heard them say really tions. They are, in fact, doing very that it is fairly flat, not for China, but one word about that. Yes, they have well. China is increasing its exports at the talked about economic growth that is We see General Electric, General Mo- expense of these other countries. taking place in America, but they for- tors moving to China. That is not a The question has been brought into got to tell you who was benefiting from good thing for Americans. this debate as to the sovereignty of the that economic growth. They have for- Let me conclude simply by saying, United States. It is very clear to any- gotten to tell you that for the average Mr. Speaker, let us send the President one, any of the lawmakers in this Con- American worker his or her wages have of the United States a message. Let us gress, that Congress and the President gone down significantly in the last 30 say that our current trade policies are make United States laws. The World years. failing. Let us stand up for working Trade Organization cannot change laws Yes, the wealthiest people in this families around the country. Let us either today or in the future. The country are making out like bandits. pass this resolution. World Trade Organization has no en- Yes, there has been a doubling in the Mr. Speaker, I yield back the balance forcement authority. It cannot impose gap between the rich and the poor. of my time. fines, levies, sanctions, modify tariff That is true. Yes, CEOs of large cor- Mr. SHAW. Mr. Speaker, I yield my- rates or change the laws of any coun- porations make 400 times what their self the balance of my time. try. The only sanction for a violation workers make. Is that the free trade There is quite a bit of ground that we of the World Trade Organization is that agreement that we are fighting for? have covered here this morning. One is affected World Trade Organization

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.032 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4315 member, and that member country The Carter Center, I have been dedicated to workers from anticompetitive practices of for- may in some cases impose retaliatory the promotion of democracy and stability in eign countries from within the WTO, not by sit- measures on trade of the country that the region. From the negotiation of the Pan- ting on the sidelines. We should be working ama Canal Treaties and the championing of violates the rules. But that is not en- human rights at the time when the region with our trade partners and with the WTO to forcement by the World Trade Organi- suffered under military dictatorships to the enforce our existing trade rules. I urge my col- zation. The World Trade Organization monitoring of a number of free elections in leagues to vote against this resolution. agreement permits the United States the region, Central America has been a Mr. BACA. Mr. Speaker, I rise in opposition to regulate and even stop trade to pro- major focus of my attention. to H.J. Res. 27, which withdraws approval of tect United States national security, There now are democratically elected gov- the United States from the agreement estab- public health and safety, natural re- ernments in each of the countries covered by lishing the World Trade Organization. sources and human rights. So we are CAFTA. In negotiating this agreement, the The WTO was created to oversee and regu- president of each of the six nations had to not giving up any of our sovereignty by content with their own companies that fear late international commerce through the estab- remaining in the World Trade Organi- competition with U.S. firms. They have put lishment of universal trade agreements. The zation. their credibility on the line, not only with institution of these agreements would provide On the question of jobs and the ex- this trade agreement but more broadly by assurance and accountability between mem- porting of American jobs, exports ac- promoting market reforms that have been ber nations, with the prospect of future eco- count for about 25 percent of the urged for decades by U.S. presidents of both nomic prosperity. The goal of these trade United States economic growth over parties. If the U.S. Congress were to turn its practices is to ease facilitation of global busi- the course of the past decade. Exports back on CAFTA, it would undercut these ness for producers, exporters, and importers. fragile democracies, compel them to retreat My opposition to this resolution and con- support an estimated 12 million jobs, to protectionism, and make it harder for and those workers’ wages are esti- them to cooperate with the U.S. sequent support of the WTO is not without mated to pay 13 to 18 percent more on For the first time ever, we have a chance qualification. the average than nonexport jobs. to reinforce democracies in the region. This While there is great value in continuing mul- United States exports directly support is the moment to move forward and to help tilateral trade regulations and mailltaining the one in every five manufacturing jobs. those leaders that want to modernize and hu- general integrity of the WTO, this organization Workers in most trade-engaged indus- manize their countries. Moreover, strong has consistently foundered in its role of impar- economies in the region are the best antidote tial adjudicator and continues to undermine tries where combined exports and im- to illegal immigration from the region. ports amount to at least 40 percent of In appreciate your consideration of my the domestic trade sovereignty of our Nation. their domestic industrial output earn views and hope they will be helpful in your Over the past decade, we have witnessed a an annual compensation package that important deliberations. massive increase in the U.S. trade deficit, an is one-third more than the average Sincerley, alarming number of dislocated American work- compensation in the least trade-en- JIMMY CARTER. ers, and consistent threats to the autonomy of gaged sectors. A recent University of Mr. HOLT. Mr. Speaker, I rise today to ex- U.S. domestic trade policy. Michigan study shows that lowering re- press my concerns about H. Res. 27. H. Res. The international community has seen the maining global trade barriers by just 27 would withdrawal the United States from numerous shortcomings of the WTO system, one-third would boost annual average participation in the World Trade Organization. including poorly enforced labor laws that afford family income by an additional $2,500. I did not support a similar resolution five years many countries an unfortunate competitive ad- So if you are interested in jobs, vote ago, and I do not support this resolution today, vantage in the global marketplace. The against this resolution. If you are in- International trade is not just inevitable, it is premise of independent unionization and equi- terested in the economy and the a good thing. We live in a world today where table development has not been realized in growth of our economy of this United more people can afford ever cheaper goods. the past 10 years under the WTO and con- States, vote against this resolution. If But lowering the cost of goods and increasing tinues to underscore the need for a reevalua- you want chaos in world trade, vote for their availability is not the single goal of trade. tion and modification of the institution. it, because that would exactly be what Trade done right helps lift the global standard Though the World Trade Organization has we would have. We would have total of living and works to protect the irreplaceable failed to deliver on the promises of economic chaos. It would be the wild, wild west. environment we inherited. Trade is about val- gains to developing countries and general I think that the only responsible vote ues. I want to make sure the United States not worldwide trade policy, the solution is not to here today for the American worker only exports our-world class agriculture, but withdraw U.S. support or approval. We must and the American economy is to vote also our respect for the natural environment continue to work inside the infrastructure of no on this resolution. and enforceable labor laws. We should make the WTO and towards progressive policies. As JUNE 8, 2005. sure we export the goods we produce and not a principal partner in the WTO, we must not Hon. BILL THOMAS, the workers who produce them. disassociate ourselves from the organization Rayburn House Office Building, That is why we must use the WTO to ad- or we will realize the regression of our global Washington, DC. dress these labor and environmental con- economy. Our obligations to the American TO REPRESENTATIVE BILL THOMAS: as you cerns. But if we walk away from the WTO, we worker necessitate a competent and respon- prepare for your initial consideration of the won’t be able to address any of these issues, sible trade policy that can only be achieved Central American Free Trade Agreement Where else can we give voice to issues of through the refinement of the current system. (CAFTA) with the nations of Central Amer- Mr. Speaker, I oppose this resolution but re- ica and the Dominican Republic, I want to child labor or environmentally destructive prac- express my strong support for this progres- tices of some industries? The WTO—imperfect serve judgment over the current policies and sive move. From a trade perspective, this as it may be—is the forum that we, along with procedures of the World Trade Organization. It will help both the United States and Central the other members of the international com- is in the best interests of our nation to con- America. munity, established to enforce trade rules and tinue our active involvement in the WTO, while Some 80 percent of Central America’s ex- more importantly allow for an open dialogue reconsidering and reworking current inter- ports to the U.S. are already duty free, so on the trade issues that concern us. national trade policies. they will be opening their markets to U.S. We need to realize that even if there are le- Mr. COSTELLO. Mr. Speaker, I rise today in exports more than we will for their remain- gitimate problems with the WTO, and I agree support of H.J. Res. 27, which would withdraw ing products. Independent studies indicate that U.S. incomes will rise by over $15 billion that some exist, the solution is not to unilater- the United States from further participation in and those in Central America by some $5 bil- ally withdraw from the WTO. Withdrawing from the World Trade Organization (WTO). I do so lion. New jobs will be created in Central the WTO would not help to solve any of these not because I am against international institu- America, and labor standards are likely to problems. Not one. We cannot stop trade, and tions, or even the stated purpose of the WTO. improve as a result of CAFTA. we cannot end the global economy. What we I am voting yes today to voice my opposition Some improvements could be made in the can do is work within the World Trade Organi- to U.S. trade policies that continue to augment trade bill, particularly on the labor protec- zation to address these concerns. We should the ‘‘race to the bottom’’ international trade tion side, but, more importantly our own national security and hemispheric influence not allow any others to dictate to us about culture that has sent good-paying American will be enhanced with improved stability, de- what is in our national interest, but we must jobs overseas in pursuit of ever-lower wages mocracy, and development in our poor, frag- recognize that we cannot accomplish our na- and lax labor and environmental standards. In- ile neighbors in Central America and the tional goals in isolation from the rest of the stead of pursuing policies that lift up and im- Caribbean. During my presidency and now at world. We can only work to protect American prove the lives of workers in this country and

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K09JN7.033 H09PT1 H4316 CONGRESSIONAL RECORD — HOUSE June 9, 2005 around the world, we have crippled U.S. com- or not the United States should remain in the withdraw the approval of the United States munities while enabling the exploitation of for- WTO. Among them: the current trade deficit of from the Agreement establishing the World eign workforces. $618 billion; the disappointing enforcement ef- Trade Organization. I believe Congress must send a strong sig- forts of the Administration on past trade agree- During my first term in Congress, I wit- nal to the current administration that the past ments; and the lack of consensus in the WTO nessed firsthand the breakdown in affairs at ten years have demonstrated the serious fail- on how to move forward with the Doha Round. the World Trade Organization’s trade ures of U.S. trade policy. In light of our mas- But at this point, it is too early to give up negations in Mexico. Negotiations collapsed sive trade deficit, loss of manufacturing jobs hope. The WTO is essentially our only chance as delegates from many underdeveloped and the ongoing currency manipulation by for- to address the major distortions in world agri- countries celebrated their perceived success eign countries, my vote today supports the cultural markets. as an increasingly powerful band of poor farm- hard working families in America. To have fair, The Organization for Economic Cooperation ing countries, known as G–21, held strong to sustainable, and balanced international trade, and Development is a group of 30 countries prevent talks from proceeding. we need a fundamental review of U.S. inter- including the United States, most European It is important that each participating country national trade policies, and Congress and the countries, Japan, Mexico, Australia, and New have a voice in negotiations, but by banding Bush administration should take this oppor- Zealand. It is widely regarded as the most reli- together to divert trade talks, underdeveloped tunity to lead this effort. able source of objective information comparing countries ultimately hurt themselves. No one There are serious national security consider- subsidy levels of various developed countries. in Europe or the United States will starve to ations inherent in our trade policy, and I be- Perhaps the most useful number the OECD death because of their efforts, but the citizens lieve we ignore these ramifications at our own calculates is one that compares the amount of in their own countries will be put at risk. risk. Our social fabric is also endangered—as each dollar that a farmer receives due to gov- What occurred puts the viability of the WTO jobs leave the country, as people that have ernment policies, such as tariffs or farm sup- in question, but it also allows the U.S. to go worked hard their entire lives lose their pen- port programs, versus the amount the farmer forth with trade promotion authorization on its sions and healthcare, what are these families receives from the marketplace. They call this own. While I believe the WTO needs reform, to do? What made the U.S. the greatest coun- number the Producer Support Estimate. I do not want us to abandon our place at the try in the world is the ability of high school In its 2004 report on Agriculture, the OECD table. If America were to pull out of the WTO, educated Americans to make a good living in notes that the Producer Support Estimate for we would lose the ability to influence the orga- the manufacturing and industrial sectors. the United States decreased in recent years, nization and its negotiations internally. and that this is a part of a long term trend in Our farmers and producers in Iowa and These jobs increasingly have moved over- U.S. agricultural policy. As the OECD points across the country are some of the most effi- seas, and it is hard to support a family on out, support in the U.S. to producers de- cient in the world and are capable of com- service sector wages. Meanwhile, I have tried creased from 25% in 1986–88 to 18% in 2003, peting and winning in world markets, so long twice in the last year to pass an amendment and has remained below the OECD average. as they do not face unfair foreign government to simply study the issue of the outsourcing of Europe has increased support to 37% in 2003. policies. The enforcement of a rules-based American jobs, and have twice been defeated What this means is that European farmers trading system through the World Trade Orga- on close votes. rely on the government for twice as much of nization is our best opportunity to gain access Mr. Speaker, voting yes today will not solve their income as do U.S. farmers—or 37 cents to these markets for our Nation’s farmers and these problems, but it will signal that we will from each dollar versus 18 cents for U.S. rural communities. reevaluate the trade policy of this nation. I farmers. Mr. Speaker, I intend to vote against H.J. urge my colleagues to undertake this work What relevance do all these statistics have Res. 27 because it is clear that our economic and vote yes on H.J. Res. 27. to the current WTO negotiations on agri- interests continue to benefit from engagement Ms. LORETTA SANCHEZ of California. Mr. culture? The framework agreement provides with trading partners. Speaker, I rise in opposition to H.J. Res, 27, for harmonization in all three major areas of Mr. ENGLISH. Mr. Speaker, today the a resolution withdrawing the U.S. approval of negotiation. On domestic subsidies, the frame- House will undoubtedly vote down this resolu- the WTO. work states: ‘‘Specifically, higher levels of per- tion and signal strong support for remaining in While there are legitimate disagreements mitted trade-distorting domestic support will be the World Trade Organization. This is the right about how world trade is organized, and how subject to deeper cuts.’’ decision to make. trade agreements are negotiated, I think that it In the section of the WTO framework agree- It is the right decision to make because the is important to have a forum and structure for ment on export competition, it is agreed that WTO, and its predecessor, the GATT, have international trade. And that’s the World Trade export subsidies will be eliminated. The EU reserved as a catalyst to reduce both tariff and Organization. mains the largest user of export subsidies in non-tariff barriers for U.S. exports. Since the Let’s not overlook the fact that in the 10 the world, and the elimination of export sub- formation of the GATT, average tariffs in in- years since the WTO’s inception, we’ve seen sidies will eventually apply additional pressure dustrialized countries have gone down from 40 global tariff rates fall and U.S. exports rise. to its domestic subsidy programs. to less than 4 percent; since the creation of Moreover, ninety-seven percent of our inter- In the section of the WTO framework agree- the WTO in 1994, U.S. exports have in- national trade is with other WTO nations. ment dealing with market access, there is lan- creased by $300 billion. Of course, the WTO Withdrawing from the WTO would upset rela- guage calling for a tiered formula with ‘‘deeper has also served as a useful forum to break- tions with these important partners and mar- cuts in higher tariffs’’. Average U.S. tariffs on down barriers to U.S. agricultural exports kets. agricultural products is 12% versus 30% in where bilateral negotiations could not. That being said, the WTO is by no means Europe and 50% in Japan. The world average While I will vote against this resolution a perfect institution. It is important that we are tariff on agricultural products is 62%. This today, it is not without any reservation. Mr. having this debate today. means that the U.S. tariffs on agricultural im- Speaker, I believe the resolution on the floor In the ongoing Doha round of trade negotia- ports should be cut less than European, Japa- today provides the ideal time to pause and re- tions, the U.S. and our global partners have nese, or other countries tariffs on our exports flect on the shortcomings of the current WTO the opportunity to substantially improve the to them. system and on ways both the Congress and WTO by reaching agreements on service ne- As with all negotiations, the framework the Administration can make changes to the gotiations, the reduction of tariffs and non-tariff agreement reached last July on agriculture al- WTO structure so that it works better and re- barriers, and the authority of the WTO dispute lows for a best-case and worst-case scenario builds confidence in the system among our resolution system. We need to see these ne- to exist, which future negotiations will deter- constituencies. gotiations through to a satisfactory end. mine. In these negotiations, we will depend on I find the lack of any serious effort to reform Nevertheless, despite its imperfections, the our U.S. Trade Representative to achieve a the current WTO culture and structure to fix WTO provides a stable and predictable global result that upholds the principle of harmoni- the flaws with the unsatisfactory. There are a trading system that benefits the U.S. both eco- zation that was set out in the original U.S. ne- host of problems with the WTO, and the num- nomically and strategically. gotiating position in June of 2000. If that prin- ber of problems is only growing. And although I will be watching the Doha ciple is upheld in the final agreement, we will The WTO completely lacks any degree of Round with keen interest, I support U.S. par- be glad we rejected this resolution today. If transparency; hearings are closed to the pub- ticipation in the WTO and therefore oppose not, it will be time to give serious consider- lic and public transcripts are not released. this resolution. ation to leaving the WTO. Where, in a very limited manner, WTO rules Mr. PETERSON of Minnesota. Mr. Speaker, Mr. KING of Iowa. Mr. Speaker, I rise today permit limited transparency by allowing the as- there are many reasons to question whether to comment on H.J. Res. 27, which seeks to sistance and resources of private parties who

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A09JN7.015 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4317 are supportive of the U.S. government posi- The WTO, and its predecessor, the General The United States represents only 4.7 per- tion, the Administration has chosen not to uti- Agreement on Tariffs and Trade, have opened cent of the world population. If we want our lize this allowance. foreign markets around the world for U.S. economy to continue to grow, we need to be Transparency is not the only problem con- goods and services. This has created new op- able to sell to the other 95.3 percent of the tributing to the WTO’s failure to move rules- portunities for U.S. businesses, farmers, man- world. The WTO, for all its flaws and faults, re- based trade forward globally, but it is the cen- ufacturers, and workers. The U.S. economy is mains the best venue for leveling the playing tral factor allowing the WTO and its bureau- stronger because of the WTO. field and gaining access to new markets. That crats to escape the scrutiny which would There are improvements, however, that can is why I urge my colleagues to vote down this quickly eradicate other abuses in Geneva. be made. There has to be better collaboration resolution. Through the lack of transparency, the WTO in understanding the relationship between Mr. UDALL of Colorado. Mr. Speaker, I dispute settlement and Appellate bodies are trade and labor issues. We must ensure that would like to clarify my opposition to H.J. Res. emboldened to disregard the proper standard core labor standards are enforced, particularly 27, a resolution to withdraw U.S. approval of of review in disputes involving trade laws, for in developing economies. We must have more the Uruguay Round Agreement Act estab- example. In this way, past WTO panels have meaningful dialogue about environmental lishing the World Trade Organization (WTO). issued rogue decisions against the U.S. with issues in trade discussions. We can accom- Although I oppose the resolution, I am glad no basis or standing in the context of pre- plish this by fully integrating the work of the we are having this debate today. The 1994 viously negotiated Agreements. This rampant WTO Committee on Trade and Environment law that helped create the WTO included an judicial activism is rapidly undermining the into the work of WTO negotiating groups. important provision that allows Congress to re- support for the WTO. Furthermore, the WTO needs to be fully assess U.S. participation in the organization As the WTO is particularly prone to Yankee- aware of the vulnerability of our domestic steel every five years. The constantly shifting global bashing, support for the current, broken sys- industry. Ohio is the nation’s leading producer trade landscape makes regular Congressional review of U.S. participation in the WTO espe- tem is perhaps fading fastest here at home. A of steel. China’s strategy of undervaluing their slew of activist decisions against the U.S., at- cially critical. currency, the yuan, and dumping steel into our Like many of my constituents, I am con- tacking our trade remedy laws and another domestic market puts Ohioans in danger of decision amounting to micromanagement of cerned about investment and jobs moving to losing their jobs. Ohio manufacturers produced other countries that have weaker labor and U.S. tax policy have come at a steady pace. $4.59 billion in value-added steel production These decisions have been particularly frus- environmental standards. I am also concerned and processing last year. The steel industry trating to many Members of Congress be- about the growing U.S. trade deficit, WTO generates over 110,000 jobs in the State of cause of limited opportunity for oversight by pressure to downgrade our consumer protec- Congress of the WTO or its decisions which Ohio. We cannot compromise the strength of tions, and challenges to our federal laws affect our domestic laws and domestic em- our domestic steel industry. The WTO must be posed by the WTO’s closed dispute resolution ployers. I, along with several of my Ways and cognizant of the trade challenges faced by tribunals. Means colleagues, last Congress introduced U.S. steel manufacturers. But retaining U.S. participation in the WTO I believe that the United States should con- the Trade Law Reform Act. This legislation in- doesn’t mean we can’t or shouldn’t work to im- tinue to be a member of the WTO and remain cluded a provision to establish a WTO Dispute prove global trading system. The objective committed to free trade. However, we must Settlement Review Commission. This Com- should be to mend it, not end it. The WTO is ensure that our domestic concerns are prop- mission, composed of retired federal judges, the only international organization dealing with erly addressed within the WTO. would report to Congress after reviewing WTO the global rules of trade between nations. Mr. ETHERIDGE. Mr. Speaker, I rise today decisions adverse to the U.S. in order to de- Over 90 percent of all world trade is con- in opposition to House Joint Resolution 27. termine whether the relevant decision makers ducted within the WTO. Withdrawing from the World Trade Organiza- Withdrawal from the WTO would isolate the failed to follow the applicable standard of re- tion (WTO) would be an abandonment of U.S. from the international economy. It would view or otherwise abused their mandate. America’s leadership in trade and an eco- Today, we have spent two hours debating also eliminate the best recourse American whether Congress should withdraw from the nomic disaster for our nation. businesses and workers have when faced with For decades, the United States has been WTO. Yet, absent a new entity to administer unfair trade barriers: dispute resolution. If we the leading voice in the world for the free mar- and advance rules-based trade, there is no were to withdraw from the WTO, other coun- ket system and economic cooperation among question that we must remain committed to, tries could impose unfair tariffs or other bar- nations because capitalism works for America. and engaged in, the WTO. I would submit that riers to American goods, or ‘‘dump’’ goods, We were one of the founders of the General instead of debating whether to withdraw from and we could only retaliate in return and risk the WTO, Congress should have an active de- Agreement on Tariffs and Trade as well as its getting into a potentially dangerous trade war. If we want to grow and expand our eco- bate on ways we can make the current system successor, the WTO. America has consistently nomic opportunities, we must engage with the work properly, as it was designed to do, and pushed for a rational, rules-based approach in rest of the world. I believe that abandoning a ways to make it better. dealing with international trade because we The U.S. must move swiftly to put an end to know our unique, competitive, vibrant, and in- rules-based trade system would be detrimental judicial activism in the WTO and reorganize novative economy will allow most U.S. eco- to American families, workers, business, and the structure and culture of both the Appellate nomic sectors to compete successfully against national security. We need to do all we can to Body and the dispute settlement body. Addi- any nation provided we have a fair playing ensure Americans benefit from the global tionally, the USTR should deputize private par- field and open access to foreign markets. economy. But shutting our doors on the WTO ties with a direct and substantial interest in a If we abandon the WTO, we abandon those isn’t the answer. Mr. SHAW. Mr. Speaker, I yield back case to appear and participate in WTO pro- years of leadership in trade. Do we want the the balance of my time. ceedings and devote greater resources to liti- Europeans or the Japanese to be the economic model other nations look to emulate? The SPEAKER pro tempore. Pursu- gation in WTO disputes. Mr. Speaker, Con- ant to House Resolution 304, the joint gress must also establish new mechanisms to Do we really want them to decide the rules by which the rest of the world economy will run? resolution is considered read for increase oversight of the WTO. amendment and the previous question Mrs. JONES of Ohio. Mr. Speaker, I concur If we shut ourselves out of the process, we put our farmers, manufacturers, businesses, is ordered. with my Ways and Means Democratic col- The question is on the engrossment an workers at a strategic disadvantage com- leagues regarding the United States continued and third reading of the joint resolu- participation in the World Trade Organization pared to others in the world. North Carolina’s economy depends on ex- tion. (WTO). I do not agree with House Joint Reso- The joint resolution was ordered to ports, and we need to break down barriers to lution 27 and withdrawing Congressional ap- be engrossed and read a third time, and overseas markets so that our technology, agri- proval of the WTO agreement. was read the third time. Our society is becoming global. There is culture, manufacturing and other sectors can growing interdependence of countries, result- expand on our progress in international com- b 1230 ing from the increasing integration of trade, fi- petition. Studies show that one in five manu- The SPEAKER pro tempore (Mr. nance, people, and ideas in one global mar- facturing jobs in North Carolina depend on ex- FOSSELLA). The question is on the pas- ketplace. So, as international trade expands ports. These jobs on average pay 13–18 per- sage of the joint resolution. due to globalization, we need a set of trade cent more than the U.S. average. Every $1 bil- The question was taken; and the rules and an international body to enforce lion in exports creates 20,000 jobs in the Speaker pro tempore announced that those rules—the WTO. United States. the noes appeared to have it.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.021 H09PT1 H4318 CONGRESSIONAL RECORD — HOUSE June 9, 2005 Mr. SANDERS. Mr. Speaker, on that Kirk Myrick Shadegg vote to be recorded as ‘‘no.’’ I have long been I demand the yeas and nays. Kline Nadler Shaw Knollenberg Napolitano Shays a supporter of free trade, and though I believe The yeas and nays were ordered. Kolbe Neal (MA) Sherman the WTO may have some faults, I support the The vote was taken by electronic de- Kuhl (NY) Neugebauer Sherwood United States membership in the organization. Langevin Northup Shimkus vice, and there were—yeas 86, nays 338, Lantos Nunes f answered ‘‘present’’ 1, not voting 8, as Shuster Larsen (WA) Nussle Simmons PRIVILEGES OF THE HOUSE—RE- follows: Larson (CT) Olver Simpson STORING PUBLIC CONFIDENCE IN Latham Ortiz Skelton [Roll No. 239] Leach Osborne Slaughter ETHICS PROCESS Levin Oxley YEAS—86 Smith (NJ) Lewis (CA) Pearce Ms. PELOSI. Mr. Speaker, we are Abercrombie Goode Owens Smith (TX) Lewis (GA) Pelosi Aderholt Green, Gene Pallone Smith (WA) halfway through the first session of the Lewis (KY) Pence Baldwin Grijalva Pascrell 109th Congress and the Committee on Linder Peterson (MN) Snyder Barrett (SC) Hinchey Pastor LoBiondo Peterson (PA) Sodrel Standards of Official Conduct has yet Barrow Hostettler Paul Lofgren, Zoe Petri Solis to begin its important work; and be- Bartlett (MD) Hunter Payne Lowey Pickering Souder Bilirakis Istook Pombo cause the chairman of the Committee Lucas Pitts Spratt Bishop (UT) Jackson (IL) Rahall Lungren, Daniel Platts Stark on Standards of Official Conduct re- Brown (OH) Jenkins Rohrabacher E. Poe Stearns fuses to obey the rules of the House Cardoza Jones (NC) Ryan (OH) Mack Pomeroy Sweeney Coble Jones (OH) Sabo and provide for a nonpartisan staff; Maloney Porter Tanner Costa Kaptur Sa´ nchez, Linda therefore, pursuant to rule IX, I rise in Manzullo Price (GA) Tauscher Costello Kennedy (RI) T. Marchant Price (NC) Terry regard to a question of the privileges of Davis (IL) Kildee Sanders Markey Pryce (OH) Thomas the House and offer a privileged resolu- Davis (TN) Kucinich Schakowsky Matheson Putnam Deal (GA) LaTourette Sensenbrenner Thompson (CA) tion. Matsui Radanovich DeFazio Lee Strickland Thompson (MS) McCarthy Ramstad The Clerk read the resolution, as fol- Doyle Lynch Stupak Thornberry McCaul (TX) Rangel lows: Duncan Marshall Sullivan Tiahrt McCollum (MN) Regula Evans McCotter Tancredo Towns Whereas, in 1968, in furtherance of its con- McCrery Rehberg Everett McIntyre Taylor (MS) Turner stitutional authority and to promote the McDermott Reichert Feeney McKinney Taylor (NC) Udall (CO) McGovern Renzi highest ethical standards for Members of Foxx Miller (FL) Tierney Udall (NM) McHenry Reyes Congress, the House of Representatives es- Frank (MA) Mollohan Visclosky Upton McHugh Reynolds tablished the Committee on Standards of Of- Franks (AZ) Ney Wamp Van Hollen McKeon Rogers (AL) ficial Conduct; Garrett (NJ) Norwood Waters Vela´ zquez McMorris Rogers (KY) Gibbons Oberstar Weldon (FL) Walden (OR) Whereas, the ethics procedures in effect McNulty Rogers (MI) Gingrey Obey Westmoreland Walsh during the 108th Congress, and in the three Meehan Ros-Lehtinen Gohmert Otter Whitfield Wasserman preceding Congresses, were enacted in 1997 in Meek (FL) Ross Schultz a bipartisan manner by an overwhelming NAYS—338 Meeks (NY) Rothman Melancon Roybal-Allard Watson vote of the House of Representatives upon Ackerman Case Fossella Mica Royce Watt the bipartisan recommendation of the ten Akin Castle Frelinghuysen Michaud Ruppersberger Waxman member Ethics Reform Task Force which Alexander Chabot Gallegly Millender- Rush Weiner conducted a thorough and lengthy review of Allen Chandler Gerlach McDonald Ryan (WI) Weldon (PA) Andrews Chocola Gilchrest Weller the entire ethics process; Miller (MI) Ryun (KS) Whereas, Rule XI, clause 3(g) of the Rules Baca Clay Gillmor Miller (NC) Salazar Wexler Bachus Cleaver Gonzalez Miller, Gary Sanchez, Loretta Wicker of the House, first adopted in 1997 upon the Baird Clyburn Goodlatte Miller, George Saxton Wilson (NM) recommendation of the task force, provides Baker Cole (OK) Gordon Moore (KS) Schiff Wilson (SC) that the Committee ‘‘staff be assembled and Barton (TX) Conaway Granger Moore (WI) Schwartz (PA) Wolf retained as a professional non-partisan staff’’ Bass Conyers Graves Moran (KS) Schwarz (MI) Woolsey and ‘‘[a]ll staff member shall be appointed by Bean Cooper Green (WI) Moran (VA) Scott (GA) Wu Beauprez Cramer Green, Al an affirmative vote of the majority of the Murphy Scott (VA) Wynn Members of the Committee;’’ Becerra Crenshaw Gutierrez Murtha Serrano Young (AK) Berkley Crowley Gutknecht Musgrave Sessions Young (FL) Whereas, Rule XI states that each such Berman Cubin Hall staff person ‘‘shall be professional and de- Berry Cuellar Harman ANSWERED ‘‘PRESENT’’—1 monstrably qualified for the position which Biggert Culberson Harris Lipinski he is hired’’ and is prohibited from engaging Bishop (GA) Cummings Hart in ‘‘any partisan political activity directly Bishop (NY) Cunningham Hastings (WA) NOT VOTING—8 Blackburn Davis (AL) Hayes affecting any congressional or presidential Cox Hobson Menendez Blumenauer Davis (CA) Hayworth election;’’ Davis, Jo Ann Hulshof Tiberi Blunt Davis (FL) Hefley Whereas, Rule XI also provides that, ‘‘in Hastings (FL) LaHood Boehlert Davis (KY) Hensarling addition to any other staff provided by law, Boehner Davis, Tom Herger b 1257 rule or other authority,’’ the Chair and Bonilla DeGette Herseth Mrs. CUBIN, Ms. KILPATRICK of Ranking Minority Member may each ap- Bonner Delahunt Higgins point, without a vote of the Committee, one Bono DeLauro Hinojosa Michigan, Ms. MCCOLLUM of Min- person as a shared staff member from his or Boozman DeLay Hoekstra nesota and Messrs. ROGERS of Ala- Boren Dent Holden her personal staff to perform service for the Boswell Diaz-Balart, L. Holt bama, BACHUS, BRADY of Texas, Committee; and further provides such shared Boucher Diaz-Balart, M. Honda KINGSTON and SHADEGG changed staff persons are exempt from the provision Boustany Dicks Hooley their vote from ‘‘yea’’ to ‘‘nay.’’ requiring that ‘‘the staff be assembled and Boyd Dingell Hoyer Messrs. GARRETT of New Jersey, retained as a professional, nonpartisan staff’’ Bradley (NH) Doggett Hyde and the provision stating that ‘‘no member Brady (PA) Doolittle Inglis (SC) SULLIVAN, FRANKS of Arizona, of the staff shall engage in any partisan po- Brady (TX) Drake Inslee GINGREY, BARRETT of South Caro- litical activity directly affecting any con- Brown (SC) Dreier Israel lina and MOLLOHAN changed their Brown, Corrine Edwards Issa gressional or presidential election;’’ Brown-Waite, Ehlers Jackson-Lee vote from ‘‘nay’’ to ‘‘yea.’’ Whereas, from 1997 through 2004, the Staff Ginny Emanuel (TX) So the joint resolution was not Director/Chief Counsel and other profes- Burgess Emerson Jefferson passed. sional staff were appointed by an affirmative Burton (IN) Engel Jindal The result of the vote was announced vote of a majority of the members of the Butterfield English (PA) Johnson (CT) Buyer Eshoo Johnson (IL) as above recorded. Committee, and the shared staff members Calvert Etheridge Johnson, E. B. A motion to reconsider was laid on exercised no supervisory or other authority Camp Farr Johnson, Sam the table. over the professional staff; Cannon Fattah Kanjorski Whereas, in January of 2005, the Chairman Cantor Ferguson Keller f of the Committee improperly and unilater- Capito Filner Kelly PERSONAL EXPLANATION ally fired nonpartisan Committee staff; Capps Fitzpatrick (PA) Kennedy (MN) Whereas, the Chairman now proposed to Capuano Flake Kilpatrick (MI) Mr. FEENEY. Mr. Speaker, in rollcall vote designate his shared staff person as the Com- Cardin Foley Kind 239 held today on H.J. Res. 27 I was re- Carnahan Forbes King (IA) mittee Staff Director, clothed with super- Carson Ford King (NY) corded as ‘‘yea.’’ This incorrectly represents visory authority, without subjecting him to Carter Fortenberry Kingston my view on this resolution. I intended for my a vote of the Committee;

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.035 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4319 Whereas, because of the Chairman’s pro- Gohmert Mack Rogers (AL) Peterson (MN) Schiff Tierney posal and with nearly half of the First Ses- Goode Manzullo Rogers (KY) Pomeroy Schwartz (PA) Towns sion of the 109th Congress having expired, Goodlatte Marchant Rogers (MI) Price (NC) Scott (GA) Udall (CO) Rahall Scott (VA) the committee has been unable to carry out Graves McCaul (TX) Rohrabacher Udall (NM) Green (WI) McCotter Ros-Lehtinen Rangel Serrano its charge, set out in Rule XI, to investigate Van Hollen Gutknecht McCrery Royce Reyes Sherman Vela´ zquez allegations of misconduct by Members and Hall McHenry Ryan (WI) Ross Skelton Visclosky staff; Harris McHugh Ryun (KS) Rothman Slaughter Wasserman Roybal-Allard Smith (WA) Whereas, the Committee’s resulting inabil- Hart McKeon Saxton Schultz Hastings (WA) McMorris Ruppersberger Snyder ity to carry out its duties has subjected the Schwarz (MI) Waters Hayes Mica Rush Solis House to public ridicule and produced con- Sensenbrenner Watson Ryan (OH) Spratt tempt for the ethics process, thus bringing Hayworth Miller (FL) Sessions Hefley Miller (MI) Sabo Stark Watt discredit to the House; now be it Shadegg Waxman Hensarling Miller, Gary Shaw Salazar Stupak Resolved, That the Committee on Stand- Herger Moran (KS) Sa´ nchez, Linda Tanner Weiner Shays Wexler ards of Official Conduct is hereby directed to Hoekstra Murphy Sherwood T. Tauscher Sanchez, Loretta Taylor (MS) Woolsey proceed in accord with clause 3(g) of rule XI, Hostettler Musgrave Shimkus Hunter Myrick Sanders Thompson (CA) Wu to appoint, upon an affirmative vote of the Shuster Hyde Neugebauer Schakowsky Thompson (MS) Wynn majority of the Members of the Committee, Simmons Inglis (SC) Ney a non-partisan professional staff. Simpson Issa Northup NOT VOTING—15 Smith (NJ) Istook Norwood Bono Hobson Murtha Smith (TX) b 1300 Jenkins Nunes Cox Hulshof Strickland Sodrel Jindal Nussle Everett King (NY) Sweeney The SPEAKER pro tempore (Mr. Souder Johnson (CT) Osborne Granger LaHood Terry Stearns SIMPSON). In the opinion of the Chair, Johnson (IL) Otter Hastings (FL) Menendez Tiberi the resolution constitutes a question of Johnson, Sam Oxley Sullivan Tancredo privileges of the House. Jones (NC) Paul b 1323 Keller Pearce Taylor (NC) MOTION TO TABLE OFFERED BY MR. BLUNT Kelly Pence Thomas Ms. DEGETTE changed her vote from Mr. BLUNT. Mr. Speaker, I move to Kennedy (MN) Peterson (PA) Thornberry ‘‘aye’’ to ‘‘no.’’ Tiahrt table the resolution. King (IA) Petri Mr. OXLEY changed his vote from Kingston Pickering Turner PARLIAMENTARY INQUIRY Kirk Pitts Upton ‘‘no’’ to ‘‘aye.’’ Kline Platts Walden (OR) So the motion to table was agreed to. Mr. HOYER. Mr. Speaker, I have a Walsh parliamentary inquiry. Knollenberg Poe The result of the vote was announced Kolbe Pombo Wamp as above recorded. The SPEAKER pro tempore. The gen- Kuhl (NY) Porter Weldon (FL) tleman will state his parliamentary in- Latham Price (GA) Weldon (PA) A motion to reconsider was laid on quiry. LaTourette Pryce (OH) Weller the table. Leach Putnam Westmoreland Mr. HOYER. Mr. Speaker, am I cor- Lewis (CA) Radanovich Whitfield f rect that if the gentleman from Mis- Lewis (KY) Ramstad Wicker PERMISSION FOR COMMITTEE ON souri’s motion prevails, that we will be Linder Regula Wilson (NM) LoBiondo Rehberg Wilson (SC) APPROPRIATIONS TO HAVE unable to discuss the substance of the Lucas Reichert Wolf UNTIL MIDNIGHT JUNE 10, 2005, motion made by the minority leader? Lungren, Daniel Renzi Young (AK) TO FILE PRIVILEGED REPORT The SPEAKER pro tempore. The E. Reynolds Young (FL) ON DEPARTMENT OF DEFENSE adoption of the motion to table would NOES—199 APPROPRIATIONS ACT, 2006 dispose of the resolution. Mr. HOYER. I thank the Speaker. Abercrombie DeGette Langevin Mr. WOLF. Mr. Speaker, I ask unani- Ackerman Delahunt Lantos mous consent that the Committee on The SPEAKER pro tempore. The Allen DeLauro Larsen (WA) question is on the motion to table of- Andrews Dicks Larson (CT) Appropriations may have until mid- fered by the gentleman from Missouri Baca Dingell Lee night, June 10, 2005, to file a privileged Baird Doggett Levin report on a bill making appropriations (Mr. BLUNT). Baldwin Doyle Lewis (GA) The question was taken; and the Barrow Edwards Lipinski for the Department of Defense for the Speaker pro tempore announced that Bean Emanuel Lofgren, Zoe fiscal year ending September 30, 2006, the ayes appeared to have it. Becerra Engel Lowey and for other purposes. Berkley Eshoo Lynch The SPEAKER pro tempore (Mr. RECORDED VOTE Berman Etheridge Maloney Ms. PELOSI. Mr. Speaker, I demand Berry Evans Markey SIMPSON). Is there objection to the re- a recorded vote. Bishop (GA) Farr Marshall quest of the gentleman from Virginia? Bishop (NY) Fattah Matheson There was no objection. A recorded vote was ordered. Blumenauer Filner Matsui The vote was taken by electronic de- Boren Ford McCarthy The SPEAKER pro tempore. Pursu- vice, and there were—ayes 219, noes 199, Boswell Frank (MA) McCollum (MN) ant to clause 1 of rule XXI, points of Boucher Gonzalez McDermott order are reserved. not voting 15, as follows: Boyd Gordon McGovern [Roll No. 240] Brady (PA) Green, Al McIntyre f Brown (OH) Green, Gene McKinney AYES—219 Brown, Corrine Grijalva McNulty PERMISSION FOR COMMITTEE ON Aderholt Burgess Diaz-Balart, M. Butterfield Gutierrez Meehan APPROPRIATIONS TO HAVE Akin Burton (IN) Doolittle Capps Harman Meek (FL) UNTIL MIDNIGHT JUNE 10, 2005, Alexander Buyer Drake Capuano Herseth Meeks (NY) Bachus Calvert Dreier Cardin Higgins Melancon TO FILE PRIVILEGED REPORT Baker Camp Duncan Cardoza Hinchey Michaud ON SCIENCE, THE DEPARTMENTS Barrett (SC) Cannon Ehlers Carnahan Hinojosa Millender- OF STATE, JUSTICE, AND COM- Bartlett (MD) Cantor Emerson Carson Holden McDonald Barton (TX) Capito English (PA) Case Holt Miller (NC) MERCE AND RELATED AGENCIES Bass Carter Feeney Chandler Honda Miller, George APPROPRIATIONS ACT, 2006 Beauprez Castle Ferguson Clay Hooley Mollohan Biggert Chabot Fitzpatrick (PA) Cleaver Hoyer Moore (KS) Mr. WOLF. Mr. Speaker, I ask unani- Bilirakis Chocola Flake Clyburn Inslee Moore (WI) mous consent that the Committee on Bishop (UT) Coble Foley Conyers Israel Moran (VA) Appropriations may have until mid- Blackburn Cole (OK) Forbes Cooper Jackson (IL) Nadler night, June 10, 2005, to file a privileged Blunt Conaway Fortenberry Costa Jackson-Lee Napolitano Boehlert Crenshaw Fossella Costello (TX) Neal (MA) report on a bill making appropriations Boehner Cubin Foxx Cramer Jefferson Oberstar for Science, the Departments of State, Bonilla Culberson Franks (AZ) Crowley Johnson, E. B. Obey Justice, and Commerce and related Bonner Cunningham Frelinghuysen Cuellar Jones (OH) Olver Boozman Davis (KY) Gallegly Cummings Kanjorski Ortiz agencies for the fiscal year ending Sep- Boustany Davis, Jo Ann Garrett (NJ) Davis (AL) Kaptur Owens tember 30, 2006, and for other purposes. Bradley (NH) Davis, Tom Gerlach Davis (CA) Kennedy (RI) Pallone The SPEAKER pro tempore. Is there Brady (TX) Deal (GA) Gibbons Davis (FL) Kildee Pascrell objection to the request of the gen- Brown (SC) DeLay Gilchrest Davis (IL) Kilpatrick (MI) Pastor Brown-Waite, Dent Gillmor Davis (TN) Kind Payne tleman from Virginia? Ginny Diaz-Balart, L. Gingrey DeFazio Kucinich Pelosi There was no objection?

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.007 H09PT1 H4320 CONGRESSIONAL RECORD — HOUSE June 9, 2005 The SPEAKER pro tempore. Pursu- Of course, the defense appropriations with reference to maintaining our se- ant to clause 1 of rule XXI, points of bill is of great interest to our Members. curity and intelligence apparatus in order are reserved. Mr. BLUNT. Mr. Speaker, I believe the most effective mode would be cor- f we will do those in the order that they rect, if that is of any help to the whip appeared starting on Tuesday. So I as he considers the support that that LEGISLATIVE PROGRAM would expect Tuesday’s work to in- proposition may have on the floor. (Mr. HOYER asked and was given clude the Science, Commerce, State, I realize there are those on his side of permission to address the House for 1 Justice Appropriations Act, and then the aisle who have some concerns minute.) move on to defense appropriations on about it. I understand that the Sec- Mr. HOYER. Mr. Speaker, I take this Wednesday if we are completed with retary of Defense may have some con- time for the purpose of inquiring of the the previous bill, and then to bring the cern about it. But I think, frankly, I majority whip the schedule for the bill to the floor on United Nations re- would hope that a very substantial ma- week to come. form after that. jority of the House would agree both Mr. BLUNT. Mr. Speaker, will the Mr. HOYER. Mr. Speaker, I thank with the Republican chairman of the gentleman yield? the gentleman for that information. Intelligence Committee and the Demo- Mr. HOYER. I yield to the gentleman I note, Mr. Whip, that the intel- cratic ranking member of the Intel- from Missouri. ligence authorization bill, which was ligence Committee. Mr. BLUNT. Mr. Speaker, I thank my schedule to be on the floor today, The gentleman does not have to com- friend for yielding and also for the co- which had been pulled, is not on the ment on that, but I thought that it operation of those on the appropria- schedule for next week. might be useful information for him. Mr. BLUNT. Mr. Speaker, if I could tions bills this week as we move to an That obviously is a very important comment, I would say that we are early conclusion of this week’s work. bill. And it is, I would say to my friend, eager to reach a final understanding on Next Monday, the House will convene as I understand it, a bill which has the this. But, also, we are eager to be sure at 12:30 p.m. for morning hour and 2 agreement between the chairman of p.m. for legislative business. We will that whatever commitments were the Intelligence Committee and the made and were reached between the ad- consider several measures under sus- ranking Democrat on the Intelligence ministration and the chairman of a sig- pension of the rules. A final list of Committee. So it would seem to be a nificant committee in the House are those bills will be sent to Members’ of- bipartisan agreement on the substance fully understood and fully complied fice by the end of this week. Any votes of the bill. Can the whip tell us when with. You know, there can be mis- called on those measures that Members we might see that bill back? understandings in these kind of discus- are given notice of will be rolled until I am sure you agree it is a very im- sions, certainly, but we want to be sure 6:30 p.m. on Monday. portant bill, providing for the work of that any commitments made by the ad- On Tuesday and the balance of the the national intelligence director and ministration to the Congress and the week, the House will consider several providing to make sure that we can chairman of its significant committees bills under a rule. First of all, the keep this country safe from terrorists, are fulfilled and, if there are misunder- Science and Departments of Com- and I know that both sides are hopeful standings, to be sure that those mis- merce, State and Justice Appropriation that it will come forward pretty quick- understandings are worked out before Act for fiscal year 2006. Following that, ly. we move forward. the Department of Defense Appropria- Can the gentleman tell us when that I assure the gentleman that we will tions Act for fiscal year 2006; and then, might be on the floor? be encouraging in that discussion and finally, H.R. 2745, the United Nations Mr. BLUNT. I would say, in response, facilitating it in every way that we can Reform Act. that, interestingly, the discussion on so that it moves forward at the I yield back to my friend, the gen- that bill, it is an important discussion, quickest possible time. tleman from Maryland (Mr. HOYER). is largely between the new Director of Mr. HOYER. Mr. Speaker, I thank Mr. HOYER. I thank the gentleman National Intelligence and the Armed the gentleman for that information. for that information. Services chairman because of some I will ask one more question on the First, if the distinguished whip commitments that seemed to have intelligence issue. Does the gentleman knows, my presumption is, based upon been made and I think were made dur- know whether the administration is the schedule that has been submitted, ing the adoption of the 9/11 bill of supportive of the position taken by the that the probability is we will not have things that would be included in this chairman of the Intelligence Com- votes on Friday next. Is that a reason- bill. mittee and the ranking Democrat on able assumption, do you think, for our That discussion is going on. We are the Intelligence Committee or not? Has Members to make? going to work hard to do everything we the administration taken a position on Mr. BLUNT. Certainly based on the can to facilitate a final and complete that? experience we have had for the last understanding between the administra- b 1330 three Fridays, the cooperation of both tion and the House on the issues that Mr. BLUNT. I do not know what the ranking member and the leadership they are discussing right now. It in- their position on that is. Again, I am of the chairman and the subcommittee volves military intelligence and some most concerned that we be sure that chairmen on the appropriations com- commitments and discussions that we understood our positions when committee, we have been seeing this work were conducted last year before we mitments were made when that bill go a little faster than we had antici- moved forward with what was called at was passed that created the National pated. That could happen again next that time the 9/11 bill that created the Intelligence Director’s position. Friday. National Intelligence Director’s job Mr. HOYER. Reclaiming my time, I The experience again of the last and did a number of other things to thank the gentleman. three Fridays would lead one to believe achieve those goals that the whip just Lastly, we just had a vote on the that, but next week we will adopt the mentioned in terms of securing our privileged resolution that was offered same approach. We will get this work country in every way that we can. by the Democratic leader, the gentle- done early if we can but would advise Mr. HOYER. Mr. Speaker, I thank woman from California (Ms. PELOSI). Members to plan to be here on Friday the whip for the information. That resolution, as you know, sought because we will want to complete the It may be helpful to know that I be- to try to move the ethics process for- entire agenda that we have laid out for lieve on our side of the aisle, we believe ward so the Ethics Committee could do next week’s schedule. that the gentleman from Michigan (Mr. its work. Hopefully, all of us believe Mr. HOYER. Mr. Speaker, can the HOEKSTRA) and the gentlewoman from that it is very important that the Eth- gentleman tell us, with respect to the California (Ms. HARMAN’s) agreement ics Committee be able to undertake its appropriations bills, which day of the was appropriate in the sense that the work. week, Tuesday and thereafter, you flexibility be given to the National In- I would hope that the majority would might expect each of the individual telligence Director to provide for the take steps to perhaps discuss in a bi- bills to come up in particular? best possible personnel assignment partisan way the implementation of

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.042 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4321 the existing rules which we believe, as current debate so we can focus on the EXPRESSING THE IMPORTANCE OF you know, require a majority vote for important issues confronting this IMMEDIATELY REOPENING THE the hiring of a staff director. That is country. FAMOUS BEARTOOTH ALL-AMER- the way it has always been. From our I appreciate the gentleman’s com- ICAN HIGHWAY perspective, that is the way it was in- ments. Mr. POMBO. Mr. Speaker, I ask tended to be. So it would be a bipar- unanimous consent that the Com- tisan or, better yet, nonpartisan han- f mittee on Transportation and Infra- dling of the responsibility of the Ethics structure be discharged from further Committee. ADJOURNMENT TO MONDAY, JUNE consideration of the resolution (H. Res. I would hope that in the near term, 13, 2005 309) expressing the importance of im- next week and the days thereafter, Mr. BLUNT. Mr. Speaker, I ask unan- mediately reopening the famous that we would work together to try to imous consent that when the House ad- Beartooth All-American Highway from get this moving forward. Because I journs today, it adjourn to meet at Red Lodge, Montana, to Yellowstone think it is important to both sides of 12:30 p.m. on Monday next for morning National Park in Wyoming, and ask for the aisle, it is important to the integ- hour debates. its immediate consideration in the rity of the House, and I think it is im- The SPEAKER pro tempore (Mr. House. portant to the American people. SIMPSON). Is there objection to the re- The Clerk read the title of the resolu- Mr. BLUNT. I would say it would be quest of the gentleman from Missouri? tion. hard to be more disappointed than I am There was no objection. The SPEAKER pro tempore. Is there that this committee has only met once objection to the request of the gen- because of continuing concerns. From f tleman from California? the point of view of the majority, I am Mr. REHBERG. Mr. Speaker, reserv- sure it is our view that we removed DISPENSING WITH CALENDAR ing the right to object, although I am what we thought were the obstacles of WEDNESDAY BUSINESS ON not going to, I would like to sincerely this committee moving forward with WEDNESDAY NEXT thank the gentleman from California its work, only to find that there is an- (Mr. POMBO) of the Committee on Re- Mr. BLUNT. Mr. Speaker, I ask unan- other obstacle. And we do need this sources and the gentleman from Alaska imous consent that the business in committee to work, but all sides need (Mr. YOUNG) of the Committee on order under the Calendar Wednesday to be looking for ways to make the Transportation and Infrastructure. I rule be dispensed with on Wednesday committee work, not to just find the am sincerely grateful that they were next. reasons that the committee does not willing to move this through on a The SPEAKER pro tempore. Is there work, which is my view of this. And we unanimous consent as quickly as pos- objection to the request of the gen- sible. clearly want this committee to work, tleman from Missouri? A crisis has occurred in Montana one need this committee to work, and I There was no objection. more time. It seems like it is feast or think the majority has made substan- famine for us. We were just going into tial efforts both publicly and privately f our eighth year of drought, no rain, to create an opportunity where this well beyond the opportunity to re- committee could do its job. ANNOUNCEMENT BY COMMITTEE cover. And the prediction was it was Mr. HOYER. Reclaiming my time, I ON RULES ON AMENDMENT going to take as much as 16 feet of thank the gentleman, and I have no PROCESS FOR CONSIDERATION snow in the mountain to get us caught doubt about his sincerity in that de- OF H.R. 2745, UNITED NATIONS up in the moisture. We began getting sire. I would simply observe that had REFORM ACT OF 2005 the rains and, unfortunately, the next we had the opportunity to debate the thing that happened were mudslides privileged resolution, which really Mr. BISHOP of Utah. Mr. Speaker, the Committee on Rules may meet closing off the Beartooth Pass. seeks to redress the House’s positions, Some Members might remember the next week to grant a rule which could that perhaps we could have explored Beartooth Pass was considered to be limit the amendment process for floor more broadly the differences that exist the crown jewel on the part of Charles consideration of H.R. 2745, the United as they relate to the staffing of the Kuralt. As he traveled around the 50 Nations Reform Act of 2005. The bill committee. Both sides apparently be- States, he made the determination was introduced on June 7, 2005, and re- lieve that they are correct in their in- that of the 50 States that was the most ferred to the Committee on Inter- terpretation, but hopefully both sides beautiful part of the entire Nation. I want a bipartisan and not a partisan national Relations which ordered the am sure there are a lot of Members in staff to proceed with its work. bill reported yesterday and is expected this audience that might object to that Unless the gentleman wanted to say to file its report with the House tomor- definition. But if you look at the re- something, I would yield back the bal- row. corded list that he put together, the ance of my time. Any Member wishing to offer an Beartooth Pass was something special. Mr. BLUNT. I appreciate what the amendment should submit 55 copies of Feast or famine in that area is noth- whip has said and would only say that the amendment and one copy of a brief ing new. Cooke City, unfortunately, we could vote on this and solve it that explanation of the amendment to the was the site of the 1988 fires in Yellow- way, but I assume that would not Committee on Rules in room H–312 of stone Park. Unfortunately, a forest fire present the right solution as well. the Capitol by 10 a.m. on Tuesday, came down within hundreds of feet of Mr. HOYER. I think the gentleman is June 14. Members should draft their the community. They were able to probably correct, and of course the res- amendments to the text of the bill as withstand that economic devastation. olution offered did not resolve the reported by the Committee on Inter- This is going to create another eco- question. We understand that. But I national Relations. Members are ad- nomic devastation. think the gentleman is correct, it vised that the text of the bill will be The detour that is going to be re- would not resolve it any more than the available for their review on the Web quired to get to the community of vote on the rules in January resolved sites of both the Committee on Inter- Cooke City until this road is reopened the changing of the rules and the feel- national Relations and the Committee probably is about the size of Illinois by ing that they were not appropriate to on Rules. the time you get around that detour. It provide the context in which we could Members should use the Office of is not just like taking a different proceed. Legislative Counsel to ensure their route. It is like taking several different I know that the gentleman from Mis- amendments are drafted in the most States. I know my colleague, the gen- souri (Mr. BLUNT) very honestly and appropriate format. Members are also tlewoman from Wyoming (Mrs. CUBIN), sincerely, as I do, wants to see this advised to check with the Office of the and my colleagues, the gentleman from matter resolved and see the committee Parliamentarian to be certain their Idaho (Mr. SIMPSON) and the gentleman move forward so it could become a amendments comply with the rules of from Idaho (Mr. OTTER), know the im- matter of history and not a matter of the House. portance of Yellowstone Park to the

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.044 H09PT1 H4322 CONGRESSIONAL RECORD — HOUSE June 9, 2005 economy of our region. So we really to assist the State of Montana in re- Whereas Yellowstone National Park en- need it. opening the road. compasses over 2 million acres and is one of The sense of urgency shown on the I thank the gentleman from Alaska America’s Crown Jewels of the National Park System; part of the gentleman from California (Chairman YOUNG) for allowing this bill to be scheduled. The following is an Whereas over 2.8 million people visit Yel- (Chairman POMBO) just cannot be un- lowstone National Park annually to admire derestimated, and I thank the gen- exchange of letters with him: its world famous geysers, hot springs, and re- tleman for that. HOUSE OF REPRESENTATIVES, markable wildlife, and to hike its more than This severely impacts the economy of COMMITTEE ON RESOURCES, 950 miles of backcountry trails; Carbon County, of Red Lodge, of Cooke Washington, DC, June 9, 2005. Whereas on May 16–17, 2005, a major City, of Billings, the surrounding area. Hon. DON YOUNG, mudslide bisected the scenic Beartooth High- It is going to be a very complicated fix Chairman, Committee on Transportation and way in 6 sections requiring visitors from because it is a switch back. If you have Infrastructure, 2165 Rayburn HOB, Wash- Montana to undertake a detour to the North- ington, DC. not been there, it ends at the top at east Entrance to Yellowstone National Park; DEAR MR. CHAIRMAN: Thank you for your Whereas the scenic Beartooth Highway about 10,000 feet, a chain of lakes, it is letter dated 9 June 2005 regarding House Res- provides on average 190,000 visitors annually flat, and it is the north entrance to olution 309. I appreciate your willingness to easy access to the Northeast Entrance to Yellowstone Park. As the mudslides oc- allow the Committee on Transportation and Yellowstone National Park; curred, it took several layers of that Infrastructure to be discharged to allow it to Whereas the scenic Beartooth Highway has switchback out. I think the estimate I be considered on the Floor today. I will in- been recognized as one of the most scenic heard was about 500 tons of material clude a copy of your letter and my response drives in the United States; and to the CONGRESSIONAL RECORD during delib- Whereas the scenic Beartooth Highway is are sitting on that road. erations on the bill. I will be flying that on Saturday by the economic artery for the citizens of the Thank you again for your cooperation. gateway communities of Red Lodge, Cooke helicopter, taking a look at the devas- Sincerely, City, and Silver Gate, Montana: Now, there- tation, but it has been an incredible ef- RICHARD W. POMBO, fore, be it fort, a community effort on the part of Chairman. Resolved, That the House of Representa- the Federal, State, and local jurisdic- tives— tions as well as the communities com- HOUSE OF REPRESENTATIVES, COM- (1) recognizes the critical importance of MITTEE ON TRANSPORTATION AND ing together. ensuring unfettered access to visitors of Yel- INFRASTRUCTURE, Again, I thank the gentleman from lowstone National Park and preserving the Washington, DC, June 9, 2005. economy of Red Lodge, Montana; and California (Chairman POMBO) for giving Hon. RICHARD W. POMBO, (2) urges the President to take, without us the opportunity to move this very Chairman, Committee on Resources, hesitation, all necessary actions to assist the quickly. 1324 Longworth Building, Washington, DC. Governor of Montana in reopening, as quick- Mrs. CUBIN. Mr. Speaker, will the DEAR MR. CHAIRMAN: I am writing to you ly as possible, the scenic Beartooth Highway gentleman yield? concerning the jurisdiction interest of the that provides access to Yellowstone National Mr. REHBERG. I yield to the gentle- Transportation and Infrastructure Com- Park. mittee in matters being considered in H. Res. woman from Wyoming. 309, expressing the importance of imme- The resolution is agreed to. Mrs. CUBIN. Mr. Speaker, I too diately reopening the Beartooth All-Amer- A motion to reconsider was laid on would like to thank the chairman and ican Highway from Red Lodge, Montana, to the table. encourage passage of this resolution. Yellowstone National Park in Wyoming. As f The Beartooth Highway connects two you know, the legislation was also referred HONORING HOUSE PAGES cities in Montana, but it passes to the Transportation Committee. through Wyoming; and many people Our Committee recognizes the importance (Mr. SHIMKUS asked and was given need to travel on the Beartooth High- of H. Res. 309 and the need for the legislation permission to address the House for 1 to move expeditiously to the House Floor. minute and to revise and extend his re- way in order to get into Yellowstone Therefore, I am willing to have the Trans- National Park. For many, many years marks.) portation Committee discharged from con- Mr. SHIMKUS. Mr. Speaker, I would this highway has been sorely neglected. sideration of the resolution. I would appre- It is not safe in its current condition, ciate if it you would include a copy of this like to ask the page class of 2005 to but it has not been safe for a long time. letter and your response to the CONGRES- come down and take seats in the first Yellowstone National Park is the SIONAL RECORD. two rows. While we are doing that, I crown gem of the park system, and it is Thank you for your cooperation in this would like to yield to my colleague and important to the whole country. So matter. friend, the minority whip, the gen- Sincerely, this is something that the country tleman from Maryland (Mr. HOYER), DON YOUNG, who is on a time crunch and always needs to do at this time. I thank the Chairman. gentleman for yielding. likes to say good-bye to our page class. I would like to thank the gentleman Mr. HOYER. I thank my friend, and I Mr. POMBO. Mr. Speaker, will the from Montana (Mr. REHBERG) and the thank him for the work that he does gentleman yield? gentlewoman from Wyoming (Mrs. with the Page Board. His leadership Mr. REHBERG. I yield to the gen- CUBIN) for working with me to move and faithfulness in this effort is very tleman from California. this resolution so quickly through the much appreciated, I know, by these Mr. POMBO. Mr. Speaker, during the House. young people but appreciated also by days of May 16 and May 17 of this year, Mr. REHBERG. Mr. Speaker, I thank the Republican Party and the Demo- devastating mudslides bisected six sec- the chairman not only for his sense of cratic Party. tions of the scenic Beartooth All-Amer- urgency but his kind consideration in I always like to have this oppor- ican Highway between Red Lodge, letting me go out of turn in my state- tunity to thank you young people. You Montana and Yellowstone National ment. I thank the chairman. I thank have had an extraordinary opportunity Park. Consequently, visitors to Yellow- the House of Representatives for its which millions and millions of those stone National Park coming from the positive consideration of this piece of your age will never have. You have had States of Montana and Wyoming are legislation. an opportunity to see firsthand the op- now and for the foreseeable future re- Mr. Speaker, I withdraw my reserva- erations of the people’s House, the quired to take a detour to get to the tion of objection. House that was established by our northeast entrance of our Nation’s old- The SPEAKER pro tempore. Is there Founding Fathers to reflect, as they est park. This detour could be in place objection to the request of the gen- viewed it, the passions of the people for the entire summer season. Annu- tleman from Montana? from time to time. That is why we ally, an average of 190,000 visitors come There was no objection. have 2-year elections. to the park through the northeast en- The Clerk read the resolution, as fol- trance. lows: b 1345 Mr. Speaker, my resolution acknowl- H. RES. 309 That is why the only way you can edges the importance of the highway in Whereas on March 1, 1872, Yellowstone was serve in the House of Representatives accessing the park and requests that established as the world’s first national is to be elected. You cannot be ap- the President take all necessary action park; pointed. You can be appointed to the

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.046 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4323 U.S. Senate. You can be appointed Vice Stella Clingmon—CA onstrated commitment to public serv- President of the United States, but you Stephanie Collard—RI ice, and for his character and leader- cannot be appointed to the House of Juleah Cordi—CA ship in the community. He has lived up Matthew Cujak—WI Representatives. Awapuhi Dancil—HI to and even exceeded my very high ex- You have had an opportunity on a Ruben Davis—PA pectations for him. day-to-day basis to help us make sure Lauren DeNunez—CA Jon is the kind of young person that that democracy works. You may not Caroline Dickerson—TX lights up a room when he walks into it think of what you did as high falutin Edward Dumoulin—IL and makes a lasting impression on ev- and it perhaps was not, but it was crit- Timothy Ford—MI eryone he meets. In his first month in Adam Hammond—ID the program, Jon was recognized with ical to the functioning of this House. Lane Hartley—VA I would ask you as you leave here to Alexandra Heard—MD a citizenship award that is given to one leave with a sense of responsibility, a Lauren Henley—IL exceptional student in the program sense of responsibility to convey to Allison Holmer—CA each month. Other Members of Con- your classmates, to your friends in Amanda Huth—TX gress have even remarked to me on the your neighborhood, to your future col- Sarah Jaeschke—AR floor what an outstanding young per- Derek Jennarone—NJ lege classes, your future workers, co- son Jon is. Holly Johnson—VA Jon has been extremely active in the workers, and your families and others Krystal Johnson—AL and your fellow citizens your view of Jaclyn Kahn—NJ page program, serving on the yearbook democracy as it is represented in this Rosemary Kelley—VA staff and handling the public relations House. It is, of course, not perfect, be- Zachary Kirihara—CA for the 2005 spring page class play, cause it is, obviously, human beings Dean Ladin—IL ‘‘The Black Rose.’’ While in Wash- Thomas Leonard—PA ington, D.C., he was also elected in- that participate in this, and as I know Peter Linscheid—MI all of you know too well, we humans coming president of the National Seth Lloyd—VI Honor Society chapter at Father are not perfect. Anthony Lupo—CA However, as Winston Churchill said, Tyson McBride—UT Duenas Memorial School in Guam, while it may not be perfect, it is better Caitlin McGowan—MN where he will complete his studies next than all other forms of government Conor McManus—FL year. I have enjoyed Jon’s frequent visits that have been tried. And I have been Shannon Magnuson—FL Jeremy Moore—MI to our office, and we always try and here now, this is my 26th year. You Chelsie Morales—AZ have a little taste of home for him were born during part of my fifth or Richard Moses—KY when he stops by, whether it is sixth term in office. As president of the Lucy Nicholas—CT guyuria, Chamorro chip cookies or red Maryland Senate, I had the oppor- Darren Nowels—MD Travis Proctor—KS rice. tunity to run the page program in I thought that coming from Guam Maryland, and I always hoped that Danielle Raines—AZ Rachel Romer—CO Jon might have a rough time adjusting they would go back and say, you know Taylor Salisbury—MO to Washington, D.C.’s, cold winter what, they care, they care about our Matthew Sheldon—NM weather, but I think he actually en- country, they care about us. They dis- Sara Skiles—MS joyed the snow and the ice. agree. There are deep divisions from Kellie Staab—PA Jon has been an excellent ambas- time to time, but, for the most part, al- Elizabeth Stone—TN sador for the people of Guam during his Joshua Strazanac—MI most everyone is trying to represent time here in Washington, spreading the what they believe to be the best inter- Michael Trummel—WY Dustin Tryggestad—WI ‘‘hafa adai’’ spirit throughout the halls ests of their country. Allison Vanderboll—WA of Congress. As a native speaker of Therefore, you will urge your fellow Sarah Walker—AR Guam’s indigenous language, citizens to participate in the process, Whitley Wallace—UT Chamorro, Jon is a role model and ex- as hopefully you will as well. Having Ginger Wells—KS ample to other young people in Guam more knowledge than they, the more Wesley Williams—MA of the importance of preserving one’s you participate, the better our democ- David Wilson—PA Kevin Wood—TX culture and one’s language. racy will be. I always enjoy seeing Jon’s friendly So I thank you for your service, not Mr. Speaker, I yield now to the gen- face on the House floor, and he calls us only on behalf of myself but on behalf tlewoman from Guam (Ms. BORDALLO), to let us know that he is going to be on of the Democratic Members of this the delegate from Guam, to address C–SPAN. He will be truly missed when House. There is no partisanship in the you, as she has a special person here he returns home to Guam. I am sure respect and affection that we have for from the territory. that I will still see a lot of Jon, all of you outstanding young people Ms. BORDALLO. Mr. Speaker, I rise though, considering how active he is in who make us proud of the generations today to commend Jon Junior Calvo the community through his church and that are coming and are confident that for his service as a congressional page school. our country will be better for your fu- in the United States House of Rep- Jon is a young man of many talents, ture service and your service now. resentatives. Jon is graduating from and I am excited to see what he will do I thank the gentleman from Illinois the congressional page program on in life. Whatever he does, I am sure he for giving me this opportunity, and I June 10, 2005. It is exciting that his par- will continue making a positive con- thank him for his leadership of this ents, Juan and Doris Calvo, and two of tribution to our island. page board. Good luck. his siblings, Jonathan and Joni Ree, Before I close, I would like to say Mr. SHIMKUS. Mr. Speaker, I will were able to come all the way from congratulations to all the wonderful submit the roster of the 2005 pages for Guam, 10,000 miles from Washington, pages that have come from all over the the RECORD at this point. D.C., to celebrate this occasion with States in our Nation. You have been a SPRING 2005 PAGES us. Celebrating with us here in spirit is wonderful group of people. his sister Krisinda. Katy Ake—CA Jon, you have made your family, Paul Bennett—FL The congressional page program your church, your school and the peo- Rachel Bentley—OH brings together a diverse group of out- ple of Guam proud. Si Yu’os Ma’ase for Emily Berger—CA standing student leaders from around your service, and God bless you. Katharine Billingslea—NC the country to work in Congress and Mr. SHIMKUS. Mr. Speaker, this al- Lauren Boswell—MD pursue their studies in the Nation’s ways gives me an opportunity to Suzanne Brangan—TX Capital. It fuses classroom learning bounce back and forth between the po- Stephen Burke—NJ with real-world work experience, giv- diums because this is really a special Kerianna Butler—CA Jon Calvo—GU ing students like Jon a front row seat time. I will get a chance to address you Elsbeth Centola—OR as history unfolds. all tomorrow at the departure cere- Joy Chung—IA I nominated Jon based upon his mony, which will be a first for me, al- Daniel Ciucci—CO strong academic record, his dem- though being with the page program

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.050 H09PT1 H4324 CONGRESSIONAL RECORD — HOUSE June 9, 2005 for a long time. The work and effort (Mr. SHIMKUS) as the chairman of the pages that are here in the following that you have put in, you know what page board, and it was certainly one of years. you have done, and we really thank the more enjoyable experiences that I So thank you for the wonderful serv- you for your efforts and the sacrifice have had here in Congress, what I ob- ice you have given us. I want to wish you have made. served is that each class of pages has you all very well in your final year of You have heard now from two Mem- its own personality and develops its school and the year of school that goes bers of Congress. There are Members own personality. beyond that, because I know all of you who you know who always pay a little So I am not sure exactly how I would are going to be successful in whatever closer attention to the pages because of describe the personality of this class you do. Godspeed. Thank you. love and admiration, maybe a history except I would say maybe I do not Mr. SHIMKUS. Mr. Speaker, I thank in the program, and we have one of know you very well. I would say it is a my colleague. those with us. I would invite him to little more serious than some of the GENERAL LEAVE come up and say his good-byes. other classes I have seen, a little more Mr. SHIMKUS. Mr. Speaker, I ask Mr. Speaker, I yield to the gentleman reserved, more serious. Maybe that is unanimous consent that all Members from Arizona (Mr. KOLBE). good. That does not mean it is all bad. may have 5 legislative days within Mr. KOLBE. Mr. Speaker, I thank the I know it is probably not that way which to revise and extend their re- gentleman from Illinois for yielding to back in the dorm in the evenings and marks and include extraneous material me. And it is true, I have a very special not that way on the weekends with on my 1 minute today. affection for the page program. I think you, but I do think this is a class that The SPEAKER pro tempore (Mr. many of you know it is because I was a has had a great deal of seriousness, MACK). Is there objection to the re- page. That is how I got started. Most of watched a great deal of things happen quest of the gentleman from Illinois? you also know the dirty little secret here on the floor of the House of Rep- There was no objection. Mr. SHIMKUS. Mr. Speaker, the that it was as a Senate page, that I was resentatives, and I think you deserve a ranking member of the page program is over on the other side there. That is great appreciation for that. okay. I was still in the page program. There have been classes, of course, the gentleman from Michigan (Mr. KIL- It was a very special moment in my that preceded you just 2 or 3 years ago DEE), who has been on the program for life to have spent the time that I did that experienced the incredible experi- decades now. I will not say how many decades. And he has been a great help here, 3 years. In those days, you could ence of 9/11, of going through that hor- to me in keeping the current environ- come anytime in your high school rific Tuesday morning with so many ment and the future of the page pro- years and stay as long as your sponsor others of us here. Each page class has gram grounded to the traditions of the would let you stay, as long as you its own kind of experiences that it has, previous classes. He could not stay to could keep up your grades so that you but I just want you to know that you talk and address you all, but he did did not flunk out and leave, and you are not only appreciated for what you provide me with his comments, and I got to stay around here. I did, and I do, but in a very real sense we could will submit those for the RECORD along graduated from the page school. So I not do this job if it were not for you. with your names. know what a difference it has made in You really are the grease that make Mr. Speaker, I yield to the gentle- my life. the place just run a little bit more woman from California (Ms. WOOLSEY), I guess you could say here I am smoothly. You are what make us all a colleague who would like to address today, I cannot say that the page pro- feel just a little bit better. the class. gram propelled me to Congress itself. There are other people that could do The vast majority of you will not ever the job. There is no question about it. b 1400 serve in government at all or in elected We could hire people to do this job. Ms. WOOLSEY. Mr. Speaker, thank office perhaps, but I think some of you And yet, with a considerable effort and you for picking and selecting such a will. There is no question about that. even expense because of maintaining a great group of young people. I am Some of you will, and you will be very school, maintaining a dormitory and proud that I have gotten to know you successful at all the things you do. But all the things that have to be done, the a little bit. I am so motherly when I whether or not you go into govern- question is often asked in the Congress, run into you on the elevators, I see so ment, whether or not you run for office I have to tell you, and certainly by many of the faces I have asked where or you enter some other kind of posi- some constituents, why do we do this are you from, how are you liking this tion in the government or go into busi- and keep this program? I think the an- and asked question, question, question. ness or a profession, I think you will swer is right here in front of me. Be- And you have been so patient and po- find that this experience will stand you cause of all of you and because of what lite with me, and thank you very in very, very, very good stead. we see here and because of what you much. You will find that not only does it have learned from this and what you Part of growing up is knowing you give you kind of a sense of under- have been able to do with this and have to be polite to adults, and you standing of the government, which is what I know you will do with this and hope when you are an adult people will going to impact your life. It does not how I know this experience will and be polite with you, particularly pages matter what line of work you go into. can be a life-changing experience. in the House of Representatives be- Government is going to impact your Every year in the summer of another cause you represent our entire Nation life, and you are going to have a better group, we can give 70, 75 people to have and our territories. You bring such a understanding than the majority of this kind of experience. It is a very ex- perfect, beautiful face to this. Every people because you will have been traordinary experience for you, and I one of you, you look like the country. there and watched it and/or observed think we have changed your lives and That is good for us, and it is good for for a semester or two semesters. you will go out and touch a lot of other you, and it is certainly good for the di- It gives you a sense of camaraderie or lives, older people, younger people and versity of democracy that we uphold sense of independence at an earlier age your peers as well, as you go through here. than most young people get a chance life. I have learned from you, and I think to be as independent. It gives you a So, again, we thank you for the won- you have learned from us and are tak- sense of discipline. You learn a lot of derful job that you have done. We want ing a lot back; but at the same time discipline skills. You do not have a par- to say farewell but not really farewell. you have contributed so much. ent there at night to study, to do the We expect to see you back often and Do not think for a minute you are things that you need to do. hear from you. You have always just here taking. You gave. We know I think that the most interesting watched as the former pages come into that and appreciate that, and maybe thing about the page program as I have the cloakrooms and onto the floor we have not always let you know how observed it over the 20 years, 21 years when we are not in session, and so you much we appreciate you, but we do. now I have been here in Congress, and will be among those. It will be a very Good luck, good future, and congratu- a number of those I served as the pred- special experience for you to be able to lations for being just exactly the peo- ecessor to the gentleman from Illinois come back and observe the younger ple you are. Thank you.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.051 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4325 Mr. SHIMKUS. Mr. Speaker, I thank of a better tribute to pay to a group of Ruben Davis—PA the gentlewoman. The pages have given young men and women, than for those, Lauren DeNunez—CA Caroline Dickerson—TX to this institution and the page pro- especially adults that you have had to Edward Dumoulin—IL gram. You have set a bar by which we work with for over a year, to say I am Timothy Ford—MI can now challenge other page classes, going to miss that class. Adam Hammond—ID and I want to thank you. Mr. Speaker, these pages have set the Lane Hartley—VA Mr. Speaker, also joining us is the bar. We will challenge the incoming Alexandra Heard—MD gentleman from California (Mr. classes to try to meet their high stand- Lauren Henley—IL Allison Holmer—CA SCHIFF). ard. I hope they do. I hope we will con- Amanda Huth—TX Mr. SCHIFF. Mr. Speaker, I thank tinue to be better for that. Sarah Jaeschke—AR the gentleman for yielding me this This period of time is in honor of the Derek Jannarone—NJ time and for all of his work with the pages. You will get to celebrate with Holly Johnson—VA page program. I want to thank all of your families tomorrow night, say your Krystal Johnson—AL Jaclyn Kahn—NJ the pages for their service and take a good-byes and make America stronger Rosemary Kelley—VA moment to brag a little because Stella by having well-informed young women Zachary Kirihara—CA is from my district. I know how great and young men to get back into the ev- Dean Ladin—IL Stella is, and I know you know how eryday activities of our homes and how Thomas Leonard—PA great she is. We were so delighted to to make our country better. Thank Peter Linscheid—MI Seth Lloyd—VI have her join us. She has added a great you, God bless you all, and God bless Anthony Lupo—CA deal to the page class, including direct- the United States of America. Tyson McBride—UT ing the play ‘‘The Black Rose.’’ Stella’s Mr. KILDEE. Mr. Speaker, I would like to Caitlin McGowan—MN folks are here today and are going on a take this opportunity to express my personal Conor McManus—FL tour. So please say hello to them. We gratitude to all of the pages who have served Shannon Magnuson—FL Jeremy Moore—MI are proud of the work you did and the so diligently in the House of Representatives Chelsie Morales—AZ work all of you did. during the 109th Congress. I have attached a Richard Moses—KY Mr. Speaker, I had a chance during list of the fine young people who have served Lucy Nicholas—CT college to intern here on Capitol Hill this House as Pages. Darren Nowels—MD twice. It was a different experience We all recognize the important role that con- Travis Proctor—KS than the page experience, but I hope gressional pages play in helping the U.S. Danielle Raines—AZ Rachel Romer—CO many of you will come back as interns, House of Representatives operate. This group Taylor Salisbury—MO as staff, and ultimately come back as of young people, who come from all across Matthew Sheldon—NM Members of the House. And if you are our Nation, represent what is good about our Sara Skiles—MS lucky, you can become lords in the country. Kellie Staab—PA Senate and then we will have to show To become a page, these young people Elizabeth Stone—TN even greater respect to all of you. Joshua Strazanac—MI have proven themselves to be academically Michael Trummel—WY Mr. Speaker, I thank all the pages qualified. They have ventured away from the Dustin Tryggestad—WI very much for their work. It is tremen- security of their homes and families to spend Allison Vanderboll—WA dously appreciated. I want to wish you, time in an unfamiliar city. Through this experi- Sarah Walker—AR Stella, and wish the entire class all the ence, they have witnessed a new culture, Whitley Wallace—UT best of luck. made new friends, and learned the details of Ginger Wells—KS Mr. SHIMKUS. Mr. Speaker, I do not Wesley Williams—MA how our Government operates. David Wilson—PA want to steal some thunder from some As we all know, the job of a congressional Kevin Wood—TX of the words I will mention tomorrow page is not an easy one. Along with being f afternoon and tomorrow evening, but away from home, the pages must possess the you know what you have been doing maturity to balance competing demands for SPECIAL ORDERS and you know the role you have played their time and energy. The SPEAKER pro tempore (Mr. here and the friends you have made and In addition, they must have the dedication to MACK). Under the Speaker’s announced the relationships you have built. You work long hours and the ability to interact with policy of January 4, 2005, and under a take a unique quality back with you. people at a personal level. At the same time, previous order of the House, the fol- As a former high school history they face a challenging academic schedule of lowing Members will be recognized for teacher, it is not the book learning; classes in the House Page School. 5 minutes each. you have actually lived it. You are now I am sure they will consider their time spent f some of the most informed people in in Washington, DC to be one of the most valu- The SPEAKER pro tempore. Under a the operating of the House of Rep- able and exciting experiences of their lives, previous order of the House, the gen- resentatives from the whole congres- and that with this experience they will all move tleman from Texas (Mr. POE) is recog- sional district in which you reside. You ahead to lead successful and productive lives. nized for 5 minutes. know truth from fiction. You know, as Mr. Speaker, as the Democratic Member on (Mr. POE addressed the House. His the gentleman from Maryland (Mr. the House Page Board, I ask my colleagues to remarks will appear hereafter in the HOYER) said, that people come here join me in honoring this group of distinguished Extensions of Remarks.) well intentioned to do the best job they young Americans. They certainly will be f can for their districts. You have seen missed. the debates, and you have run out of SPRING 2005 PAGES EXCHANGE OF SPECIAL ORDER the Capitol. You understand the envi- Katy Ake—CA TIME ronment we live in here, that rep- Paul Bennett—FL Mr. NORWOOD. Mr. Speaker, I ask resentatives try to balance a thousand Rachel Bentley—OH unanimous consent to claim the time Emily Berger—CA balls in the air at one time, and you of the gentleman from Texas (Mr. POE). Katharine Billingslea—NC have had to do that, too. The SPEAKER pro tempore. Is there I am also speaking here for the floor Lauren Boswell—MD Suzanne Brangan—TX objection to the request of the gen- staff on both sides of the aisle who Stephen Burke—NJ tleman from Georgia? have worked with you diligently, and Kerianna Butler—CA There was no objection. you have worked with them, whether it Jon Calvo—GU f is the school program which I applaud Elsbeth Centola—OR you on and your efforts in that respect, Joy Chung—IA THREAT TO OUR SOUTHERN or it is the dorm staff. You truly have Daniel Ciucci—CO BORDER Stella Clingmon—CA been a class that many of the people Stephanie Collard—RI The SPEAKER pro tempore. Under a you have had to work with over the Juleah Cordi—CA previous order of the House, the gen- past year are honestly saying that they Matthew Cujak—WI tleman from Georgia (Mr. NORWOOD) is are going to miss you. I cannot think Awapuhi Dancil—HI recognized for 5 minutes.

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.053 H09PT1 H4326 CONGRESSIONAL RECORD — HOUSE June 9, 2005 Mr. NORWOOD. Mr. Speaker, I have of our districts. We are responsible to mentioned that 150,000 Iraqi security spoken many times on this floor con- the people of the United States and are personnel have been trained. Perhaps cerning the need to secure our borders. sworn to defend our Constitution. We that is because he realized his assess- We must do so if we are going to have have an inherent God-given right to ment was entirely inaccurate; but the any kind of responsible immigration national sovereignty, and this House President never admitted to the Amer- policy and retain our national sov- must not stand by while foreign na- ican people that he was wrong in his ereignty. We know with somewhere be- tions undermine our laws and our inde- assessment, and he has still not told tween 36,000 and 50,000 additional en- pendence. the American people when he will de- forcement personnel on our southern Mr. Speaker, I will be back next week termine Iraq to be secure or how and borders, we can catch virtually all of to further this conversation. when he plans to bring the troops the potential terrorists and drug deal- f home. ers trying to enter this country ille- The SPEAKER pro tempore. Under a Mr. Speaker, the best way to secure gally. previous order of the House, the gen- Iraq is to remove U.S. troops from the But we now find that other-than- country. Nothing enrages and unites tleman from California (Mr. GEORGE Mexican illegals, or OTMs as they are the Iraq insurgency more than the MILLER) is recognized for 5 minutes. referred to by our Border Patrol, have (Mr. GEORGE MILLER of California presence of nearly 150,000 American sol- discovered a large loophole in our law. addressed the House. His remarks will diers on Iraqi soil. One option is to Under this loophole, OTMs can cross appear hereafter in the Extensions of bring one American soldier home for our border illegally and be apprehended Remarks.) every Iraqi soldier that has been by our border patrol. The border patrol trained. If 75,000 Iraqi soldiers have is then forced to give them paperwork f been trained, half of the President’s allowing them to bypass all other im- ORDER OF BUSINESS April 12 assessment, why can we not re- migration checkpoints and virtually move the same number of our own sol- Ms. WOOLSEY. Mr. Speaker, I ask release them into our country. diers and bring them home? This is just unanimous consent to speak out of This criminal scheme is not the fault one idea for exiting Iraq. I encourage order. of some quirk in U.S. law. It is being the President to come up with his own The SPEAKER pro tempore. Is there forced on our border patrol by inter- plan. I am not against supporting the objection to the request of the gentle- national law which we are allowing to President’s plan if it is a good one, but woman from California? undermine our rule of law, national im- right now he does not even have a plan. There was no objection. migration policy, our Constitution, and Fortunately, there is a plan that our sovereignty. International law says f would secure America for the future, illegal immigrants must either be de- SMART SECURITY SMART security. SMART is Sensible, ported to their country of origin or Multilateral, American Response to placed in detention. If there is no room The SPEAKER pro tempore. Under a Terrorism for the 21st century. in detention, they must be released on previous order of the House, the gentle- bail with a promise that they return woman from California (Ms. WOOLSEY) b 1415 is recognized for 5 minutes. later for trial. SMART will help us address the Ms. WOOLSEY. Mr. Speaker, on There is never any room in detention threats we face as a Nation. SMART April 12 at Fort Hood, Texas, President any more for the millions of illegals security will prevent acts of terrorism Bush told an audience of thousands of violating our southern border every in countries like Iraq by addressing the servicemembers that for the first time year. And since these illegals are not very conditions which allow terrorism Iraqi soldiers outnumbered U.S. sol- Mexican, our border patrol is required to take root: poverty, despair, resource diers in Iraq. That was April 12. Spe- to buy them airfare back to Brazil, scarcity and lack of educational oppor- cifically, he put the number of trained Guatemala, El Salvador, Honduras, tunities. SMART security encourages and equipped Iraqi forces at 150,000. China, Iraq, and on and on. So they the United States to work with other This rosy assessment of the situation sign an agreement to show in court in nations to address pressing global in Iraq is shocking not only for its ar- 30 days and are released. issues. SMART addresses global crises rogance but also for its ignorance. The With that paper in hand, they can diplomatically rather than resorting to President was either totally oblivious pass legally through all other border armed conflict. Efforts to help give to Iraq’s true security failures, or he patrol checkpoints and vanish into cit- Iraq back to the Iraqis must follow the was intentionally misleading the ies in America. We have caught 90,000 SMART approach: humanitarian as- American people into thinking peace OTMs since October 1, 2004, and 98 per- sistance, coordinated with our inter- has taken hold. His statement was un- cent have failed to show back up in national allies, to rebuild Iraq’s war- informed at best, deceitful at worst. Ei- court. Once hidden in large immigra- torn physical and economic infrastruc- ther way, the President’s assessment tion communities inside our country ture. misleads the American people in know- with new false identification, it be- Mr. Speaker, it has been more than 2 ing the true situation in Iraq. comes virtually impossible to appre- years since the United States started Take, for example, his claim that hend them. this war in Iraq; and now the American 150,000 Iraqi soldiers have been trained. Mr. Speaker, I have stood here before people, especially the soldiers who are Iraq’s military leaders reveal the num- and called for deploying 36,000 troops to bravely serving our country halfway ber is closer to 75,000, half of the Presi- our border to effectively close it. But around the world, need and deserve a dent’s statement; and we are not sure with this situation in place, we could plan for ending this war. It is time for what the quality of training is and how send 1 million troops to our borders, the President to create a plan to end those trained individuals are measured. and it would not make any difference. the war in Iraq and to bring our troops Also, the actual number of trained Border patrol says these people swim home. across the Rio Grande and come look- security personnel committed to a se- ing for our officers with a demand cure and democratic Iraq is probably f ‘‘permiso,’’ for the warrant that gives less because, as the chief of police in them a free pass into our Nation ille- Basra, General Hassan al-Sade stated, ANNOUNCEMENT BY THE SPEAKER gally. at least half of his 14,000-member mili- PRO TEMPORE Mr. Speaker, we need a new law right tia is openly opposed to a secure Iraq, The SPEAKER pro tempore (Mr. now. Anyone who crosses our border and another quarter are politically MACK). The Chair will remind all Mem- with Mexico illegally should be consid- neutral but do not follow his military bers that remarks in debate may not ered a citizen of Mexico for enforce- orders. General al-Sade recently told engage in personalities toward the ment purposes. They should be re- the Guardian newspaper, ‘‘I trust 25 President. Policies may be addressed in turned there or incarcerated here im- percent of my force, no more.’’ critical terms, but personal references mediately. This is not the United Na- After giving his Fort Hood speech such as accusations of mendacity are tions or WTO. We represent the people last April, the President never again not in order.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.056 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4327 THE GREATEST GENERATION tleman from California (Mr. SCHIFF) is the erosion of the nonproliferation re- The SPEAKER pro tempore. Under a recognized for 5 minutes. gime could become irreversible and re- previous order of the House, the gen- Mr. SCHIFF. Mr. Speaker, last sult in a cascade of proliferation. One month dozens of world leaders, includ- tleman from Texas (Mr. MCCAUL) is of the members of that panel was Brent recognized for 5 minutes. ing President Bush, gathered in Mos- Scowcroft, who served as national se- cow to celebrate the 60th anniversary Mr. MCCAUL of Texas. Mr. Speaker, curity adviser to President George one of the most monumental battles of of V–E day. It was fitting and proper H.W. Bush. World War II took place in October of for the President and other heads of The twin nuclear crises with North 1944 in the Pacific theater in the Battle state to pay homage to the millions Korea and Iran have exposed flaws in of Leyte Gulf. One of those heroes who who died defeating Nazism and fascism the NPT’s ‘‘grand bargain,’’ which was fought on Hell’s doorstep in this battle and to commemorate the end of the first articulated in President Eisen- was Major Alan McKean. Major Second World War. hower’s ‘‘Atoms for Peace’’ proposal. In The year 1945 also marked the begin- McKean served in the United States exchange for the commitment to forgo ning of the nuclear age, and even those Army and was among the millions of the acquisition of nuclear weapons and who had become inured to the destruc- others who answered freedom’s call in to agree to international safeguards tion that years of fighting had wrought the largest armed conflict in recorded and inspections, the NPT guarantees were stunned by the devastation history. non-nuclear weapon states who are par- caused by the atomic bombs dropped on When we consider generations of our ties to the treaty the peaceful develop- Japan. Nuclear weapons have been the past, no one exemplifies the essence of ment and use of nuclear energy. The dominant feature of the international America better than those, part of problem with this bargain is that it al- security landscape ever since, and pre- what we now call the greatest genera- lows nations like Iran or North Korea venting their proliferation has been a tion. For this generation of Americans, access to fissile material and techno- central goal of American Presidents like Major McKean, whose character logical know-how that is the necessary from Harry Truman to George W. Bush. and resolve was molded by the Great precursor for a nuclear weapons pro- That is why I cannot understand the gram. When the state feels confident it Depression, defeating Adolf Hitler and failure of the administration to take a the Axis powers’ reign of terror was is ready to proceed with a weapons pro- leading role at the Nuclear Non- gram, it simply opts out of the NPT. just another call to answer. They per- proliferation Treaty review conference Had it chosen to do to so, the admin- formed their duty with honor. It was that was held at the United Nations istration could have used the review not theirs to question. It was simply from May 2–27. There is near una- conference in New York to make it expected. We will never forget their nimity among policymakers and our more difficult for states to access nu- triumphs, and we will never forget Nation’s political leadership that nuclear material and technology under those victories like the battle of Leyte clear terrorism and the proliferation of the NPT and then walk away from the Gulf which came at such a great cost. nuclear weapons are the greatest treaty by providing tough penalties for Few causes were as worthy. Few prices threats to our national security. The those who would try. were as great. Perhaps Winston President has said so himself. But the Churchill said it best when he said of United States did not dispatch any sen- One proposal by a group of experts at this generation, This was their finest ior officials to New York and Princeton and Stanford would bar par- hour. downplayed the importance of the con- ties withdrawing from the NPT to use Men like Major McKean saved an en- ference. This was shortsighted and dan- fissile materials or production facili- tire world from tyranny and gave peo- gerous, and the failure to achieve any ties acquired while they were parties to ple the chance to live under flags of concrete results at the NPT conference the treaty to make nuclear weapons. freedom by answering the call to serv- was a major national security setback The German government also proposed ice. To this day and forever, we recall for the United States as well as for the preventing a party from withdrawing these heroic deeds and we remember rest of the world. from the treaty if that state was in and honor those who liberated the The Nuclear Nonproliferation Treaty, violation of that treaty. world. which took effect in 1970, has for the But reinvigorating the NPT requires Like the soldiers of America’s great- most part been successful in limiting more than cracking down on Iran and est generation, today’s service men and the spread of nuclear weapons beyond North Korea. It also demands leader- women are in distant lands fighting the the original five members of the nu- ship from the declared nuclear weapons threat and horror of terror by spread- clear club, the Soviet Union, Britain, states which as part of the NPT coming freedom and making our homeland France, China and the United States. mitted themselves to reduce their own more secure. America will continue to In 1960, John Kennedy wrote that he stockpiles significantly in exchange for honor our past and present military be- expected 20 nations would have nuclear non-nuclear states renouncing nuclear cause the triumph of its ideals resides weapons by the end of the 1960s. He ambitions. Unfortunately, the five nu- in the actions of its heroes. I salute considered this the gravest threat to clear weapons states have not done Major Alan McKean and all the service world peace and set in motion the enough, and General Scowcroft and his men and women who put themselves in events and discussions that culminated colleagues chided them in their report harm’s way so that we may live in free- in the NPT. for their lackluster efforts. dom. During the 35 years that the treaty Matters have not been helped by a May God bless America, may He bless has been in effect, only three nations State Department brochure handed out Major Alan McKean and his wife Doro- are known to have developed nuclear at the conference which listed arms thy, and may He hold them in the palm weapons, India, Pakistan and Israel, control breakthroughs since the 1980s of His hand. and they are not parties to the NPT. and touted reductions in the U.S. arse- f North Korea is believed to have a hand- nal. But the time line made no mention The SPEAKER pro tempore. Under a ful of nuclear weapons, and Iran is en- of the 1996 Comprehensive Test Ban previous order of the House, the gen- gaged in a diplomatic game of chicken Treaty, a pact negotiated by the Clin- tleman from North Carolina (Mr. with the West in its pursuit of nuclear ton administration and ratified by 121 JONES) is recognized for 5 minutes. weapons. nations but rejected by this President. (Mr. JONES of North Carolina ad- Mr. Speaker, after three and a half The brochure also ignored the 2000 NPT dressed the House. His remarks will ap- decades, the NPT is showing its age, review conference at which the U.S. pear hereafter in the Extensions of Re- and the review conference was held at and other nuclear weapons states com- marks.) a critical time for the international mitted to practical steps to achieve nu- f community’s efforts to halt the spread clear safety, including entering into of nuclear weapons. In December of the test ban treaty and negotiation of THE ROAD NOT TAKEN last year, a panel of experts convened a fissile material cutoff treaty to ban The SPEAKER pro tempore. Under a by the U.N. issued a stark warning that manufacture and production of addi- previous order of the House, the gen- we are approaching the point at which tional bomb material.

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.060 H09PT1 H4328 CONGRESSIONAL RECORD — HOUSE June 9, 2005 Mr. Speaker, in the aftermath of woman from Guam (Ms. BORDALLO) is b 1430 World War II, the United States con- recognized for 5 minutes. structed a diverse set of international (Ms. BORDALLO addressed the When set at the right price, the safe- institutions to guarantee peace and House. Her remarks will appear here- ty valve would start the country down better ensure a future for America and after in the Extensions of Remarks.) the path of slowing the growth of the rest of the world. By going to Mos- greenhouse gas emissions without cow, President Bush honored the sac- f causing economic disruption. While there may be less emissions reduction rifice of millions of Americans and CLIMATE CHANGE—NATIONAL other allied personnel to secure our COMMISSION ON ENERGY POLICY with a safety valve than without one, present. But it was the road not taken, today we are doing nothing. And the the one to New York, that would have The SPEAKER pro tempore. Under a safety valve creates a potential buy-in helped to secure the future. previous order of the House, the gen- from those affected by the legislation. f tleman from New Mexico (Mr. UDALL) is recognized for 5 minutes. Another component that I believe is The SPEAKER pro tempore. Under a important to integrate into any cli- previous order of the House, the gen- Mr. UDALL of New Mexico. Mr. Speaker, I rise today to discuss climate mate change policy is setting a pro- tleman from Indiana (Mr. BURTON) is spective baseline on greenhouse gas recognized for 5 minutes. change, one of the most important (Mr. BURTON of Indiana addressed issues facing our planet today. Thank- emissions. A sound greenhouse gas the House. His remarks will appear fully, the issue of climate change has emissions reduction policy must recog- hereafter in the Extensions of Re- been getting more coverage in the na- nize that the buildup of greenhouse gas marks.) tional media. While I know that there has been taking place over the last cen- f are many Members in Congress who are tury. Since greenhouse gas concentra- The SPEAKER pro tempore. Under a committed to taking action, the level tions are a cumulative measure, sharp- previous order of the House, the gen- of attention paid to climate change in ly reducing a particular year’s emis- tleman from Ohio (Mr. BROWN) is rec- Congress does not match either the ur- sions is substantially less important ognized for 5 minutes. gency of the issue or the concern of the than the alternative, which is to start (Mr. BROWN of Ohio addressed the American public. Given the enormous down the long-term path of gradually House. His remarks will appear here- implications for our economy and our slowing the growth of greenhouse gas environment, this must change. Cli- after in the Extensions of Remarks.) emissions. This will also allow busi- f mate change is real, and we must act. The steps we must take to address nesses to plan for a carbon-constrained The SPEAKER pro tempore. Under a world. previous order of the House, the gen- the issue are a matter of great debate. Mr. Speaker, I believe any climate tleman from Connecticut (Mr. SIM- There is a consensus that we must re- MONS) is recognized for 5 minutes. duce greenhouse gas emissions, but change policy we implement must also (Mr. SIMMONS addressed the House. how we do that is not as simple. I ap- tie our country’s efforts to reducing His remarks will appear hereafter in plaud my colleagues in the House as greenhouse gas emissions to those ef- the Extensions of Remarks.) well as the Senate who have introduced forts of the major developing countries. f or supported legislation to address cli- We must ensure that they make a simi- The SPEAKER pro tempore. Under a mate change. I have, however, great lar commitment to our environment previous order of the House, the gen- concern that their proposals, while ex- and that the United States is not un- tleman from Illinois (Mr. EMANUEL) is tremely well-intentioned and well- fairly burdened. It is a major concern recognized for 5 minutes. crafted, do not have sufficient support of American business and labor that (Mr. EMANUEL addressed the House. in the Congress and do not adequately the developing countries participate in His remarks will appear hereafter in address the economic challenges our slowing the growth of greenhouse gases country will face as we move toward a the Extensions of Remarks.) to a degree comparable to ours. Any less-carbon-intensive economy. f program that does not link our emis- The SPEAKER pro tempore. Under a It is my belief that we must take action now to reduce greenhouse gas sions reductions to those of the major previous order of the House, the gen- developing countries would not only be tleman from Florida (Mr. BILIRAKIS) is emissions, but we must do so in a way fundamentally unfair but could also re- recognized for 5 minutes. that would minimize the impact to our (Mr. BILIRAKIS addressed the economy. We must implement an econ- duce America’s competitiveness, re- House. His remarks will appear here- omy-wide, upstream, all greenhouse sulting in the loss of businesses and after in the Extensions of Remarks.) gas cap-and-trade emissions reduction jobs in the United States. f program that provides some flexibility And, lastly, Mr. Speaker, a climate The SPEAKER pro tempore. Under a and a measure of certainty to those in- change policy must also encourage the previous order of the House, the gen- dustries and businesses affected. development of new greenhouse gas tleman from Oregon (Mr. DEFAZIO) is The National Commission on Energy emissions reduction technologies. recognized for 5 minutes. Policy, a bipartisan group of top ex- Mr. Speaker, I submit for the RECORD (Mr. DEFAZIO addressed the House. perts from energy, government, labor, His remarks will appear hereafter in academia and environmental and con- two documents to supplement what I the Extensions of Remarks.) sumer groups, developed a set of sen- have said here today, an editorial and a f sible policy recommendations for ad- letter. The SPEAKER pro tempore. Under a dressing oil security, climate change, The long-term resolution of the greenhouse previous order of the House, the gen- natural gas supply, and other long- gas emissions issues lies in the research and tleman from New Jersey (Mr. PALLONE) term energy supply challenges. They development of new technology. advocate for a modest, certain and effi- is recognized for 5 minutes. Mr. Speaker, there is irrefutable scientific (Mr. PALLONE addressed the House. cient proposal. Their recommendations His remarks will appear hereafter in have been endorsed by major U.S. busi- evidence to justify taking action on climate the Extensions of Remarks.) nesses and labor groups. change. The long-term consequences of fail- f One of the key components of their ing to act are sufficiently well documented, The SPEAKER pro tempore. Under a proposal is the concept of a safety providing us with every incentive we need to previous order of the House, the gen- valve for the cap-and-trade program. act. I know many of my colleagues believe tleman from New York (Mr. FOSSELLA) The safety valve essentially puts a that the United States can and should adopt a is recognized for 5 minutes. price on carbon but provides for an un- greenhouse gas emissions reduction policy, (Mr. FOSSELLA addressed the limited number of allowances to be but I believe that such a policy will only garner House. His remarks will appear here- sold by the government. Since no one support if it is modest, efficient, and fair. Most after in the Extensions of Remarks.) would pay more than what the govern- importantly Mr. Speaker, we must begin the f ment charges for allowances, this process. We must act and we must do so The SPEAKER pro tempore. Under a mechanism effectively controls the now. Otherwise, we are simply putting the fu- previous order of the House, the gentle- price of allowances. ture of our planet at risk.

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.062 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4329 [From the Washington Post, Jan. 28, 2005] words—if only the United States government address concerns about unexpected events. In A WARMING CLIMATE wants them. fact, if the system becomes dependent on For the past four years members of the these offsets, their inclusion can increase un- JUNE 12, 2003. Bush administration have cast doubt on the certainty about program costs if the avail- Hon. JOHN MCCAIN, scientific community’s consensus on climate ability and cost of the offsets themselves is Russell Office Building, change. But even if they don’t like the not certain. Another proposal, a ‘‘circuit Washington, DC. science, British Prime Minister Tony Blair, breaker,’’ would halt future declines in the Hon. JOSEPH LIEBERMAN, one of their closest allies in Iraq and else- cap when the allowance price exceeds a spec- Hart Senate Office Building, where, has given the administration another, ified threshold, but would do little to relax Washington, DC. more realpolitik, reason to rejoin the cli- the current cap if shortages arise. Features DEAR SENATORS MCCAIN AND LIEBERMAN: that do provide additional allowances when mate change debate: ‘‘If America wants the As Congress takes up the issue of market- rest of the world to be part of the agenda it shortages arise, such as the possibility of based systems to reduce emissions of carbon banking and borrowing extra allowances, are has set, it must be part of their agenda, too,’’ dioxide and other greenhouse gases, we are the prime minister said this week. helpful, but only to the extent they can ame- writing to encourage you to incorporate an liorate sizeable, immediate, and persistent Mr. Blair’s speech came at an interesting allowance price cap sometimes referred to as moment, both for the administration’s en- adverse events. a ‘‘safety valve.’’ In the context of a cap-and- To summarize, the climate change problem ergy and climate change policies and for the trade system for emission allowances, a safe- administration’s diplomatic agenda. In the is a marathon, not a sprint, and there is lit- ty valve would specify a maximum market tle environmental justification for heroic ef- next few weeks, the House will almost cer- price at which the government would step in tainly vote once again on last year’s energy forts to meet a short-term target. Such he- and sell additional allowances to prevent the roic efforts might not only waste resources, bill, a mishmash of subsidies and tax breaks price from rising any further. Much like the that finally proved too expensive even for a they risk souring our appetite to confront Federal Reserve intervenes in bond and cur- the more serious long-term problem. Absent Republican Senate to stomach. After a rency markets to protect the economy from House vote, there may be an attempt to trim a safety valve, a cap-and-trade program risks adverse macroeconomic shocks, this inter- exactly that outcome in the face of surpris- the cost of the bill and add measures to vention is designed to protect the economy make it acceptable to more senators—in- ingly high demand for energy or the failure automatically from adverse energy demand of inexpensive mitigation opportunities to cluding the growing number of Republicans and technology shocks. While we disagree on who have, sometimes behind the scenes, indi- arise as planned. A safety valve is the sim- what steps are necessary in the short run, we plest, most transparent way to signal the cated an interest in climate change legisla- both agree it is particularly important to tion. market about the appropriate effort to meet pursue them in a manner that limits eco- short-term mitigation goals in the face of Indeed, any new discussion of energy pol- nomic risk. icy could allow Sens. John McCain (R-Ariz.) adverse events. Our support for the safety valve stems While trained economists hold divergent and Joseph I. Lieberman (D-Conn.) to seek from the underlying science and economics views on many topics—as our own views another vote on their climate change bill, surrounding the problem of global climate demonstrate—economic theory occasionally which would establish a domestic ‘‘cap and change, and is something that virtually all delivers a relatively crisp message that vir- trade’’ system or controlling the greenhouse economists—even two with as politically di- tually everyone can agree on. We believe this gas emissions that contribute to global verse views as ourselves—can agree upon. It is one of those occasions, and hope you will warming. is based on three important facts. consider these points as Congress addresses If domestic politics could prompt the presi- First, unexpected events can easily make various climate change policies in the com- dent to look again at the subject, inter- the cost of a cap-and-trade program that in- ing months. national politics certainly should. Adminis- cludes carbon dioxide quite high, even with a Sincerely, tration officials assert that mending fences modest cap. For example, consider an effort R. GLENN HUBBARD, with Europe is a primary goal for this year; to reduce domestic carbon dioxide emissions Professor, Columbia if so, the relaunching of a climate change by 5% below future forecast levels over the University, Chair- policy—almost any climate change policy— next ten years—to about 1.8 billion tons of man, Council of Eco- would be widely interpreted as a sign of carbon. This is in the ballpark of the domes- nomic Advisers, goodwill, as Mr. Blair made clear. Beyond tic reductions in the first phase of McCain- 2001–2003. the problematic Kyoto Protocol, there are Lieberman allowing for offsets, the targets JOSEPH E. STIGLITZ, ways for the United States to join the global in the Bush climate plan, and the level of do- Professor, Columbia discussion, not least by setting limits for domestic emission reductions described by the University, Chair- mestic carbon emissions. Clinton administration under its vision of man, Council of Eco- Although environmentalists and the busi- Kyoto implementation. Based on central es- nomic Advisers 1995– ness lobby sometimes make it sound as if no timates, the required reductions would 1997. climate change compromise is feasible, sev- amount to about 90 million tons of carbon eral informal coalitions in Washington sug- emissions, and might cost the economy as a f gest the opposite. The Pew Center on Global whole around $1.5 billion per year. However, THE UNITED NATIONS Climate Change got a number of large energy reaching the target could instead require 180 companies and consumers—including Shell, million tons of reductions because of other- The SPEAKER pro tempore (Mr. Alcoa, DuPont and American Electric wise higher emissions related to a warm MACK). Under the Speaker’s announced Power—to help design the McCain- summer, a cold winter, or unexpected eco- policy of January 4, 2005, the gen- Lieberman legislation. A number of security nomic growth. Based on alternative model tleman from New Jersey (Mr. GARRETT) hawks have recently joined forces with envi- estimates, it could also cost twice as much is recognized for 60 minutes as the des- ronmentalists to promote fuel efficiency as a to reduce each ton of carbon. The result ignee of the majority leader. means of reducing U.S. dependence on Mid- could be costs that are eight times higher Mr. GARRETT of New Jersey. Mr. dle Eastern oil. Most substantively, the Na- than the best guess. tional Commission on Energy Policy, a Second and equally important, the benefits Speaker, I rise this evening to discuss group that deliberately brought industry, en- from reduced greenhouse gas emissions have a topic of worldwide importance, and vironmental and government experts to- little to do with mission levels in a par- that is the United Nations. gether to hash out a compromise, recently ticular year. Benefits stem from eventual The United Nations was created in published its conclusions after two years of changes in atmospheric concentrations of 1945 after World War II, and it was done debate. these gases that accumulate over very long to preserve world peace through collec- Among other things, it proposed more periods of time. Strict adherence to a short- tive security; and I believe, quite flexible means of promoting automobile fuel term emission cap is therefore less impor- frankly, that it has failed miserably in efficiency and suggested determining in ad- tant from an environmental perspective than vance exactly how high the ‘‘price’’ for car- the long-term effort to reduce emissions its role. bon emissions should be allowed to go, there- more substantially. Without a safety valve, As we approach the 60th anniversary by giving industry some way to predict the cap-and-trade risks diverting resources away of the United Nations, I wanted to dis- ultimate cost of a cap-and-trade system. from those long-term efforts in order to meet cuss the United Nations this afternoon, They also point out that legislation lim- a less important short-term target. to look at its original charter and its iting carbon emissions would immediately Finally, few approaches can protect the mission, and evaluate if the United Na- create incentives for industry to invent new economy from the unexpected outcome of tions has accomplished what it was de- fuel-efficient technologies, to build new nu- higher energy demand and inadequate tech- clear power plants (nuclear power produces nology as effectively as a safety valve. For signed to do. no carbon) and to find cleaner ways to burn example, opportunities to seek offsets out- If we look over here, we have set out coal. Technologies to reduce carbon emis- side a trading program can effectively reduce what its initial mission was: ‘‘The sions as well as fossil fuel consumption the expected cost to a particular emission United Nations Failing its Mission.’’ around the world are within reach, in other goal—which is beneficial—but that does not Its charter calls as follows: The U.N.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.031 H09PT1 H4330 CONGRESSIONAL RECORD — HOUSE June 9, 2005 charter calls for maintaining inter- Another main mission of the United rious need of major change and reform. national peace and security and to that Nations is to promote and encourage Over the next hour my colleagues and end to take collective measures for the human rights and equal rights I will discuss some of these problems, prevention and removal of threats to throughout the world. In this regard we problems that the United Nations has peace.’’ have something called the U.N. Com- had from its very foundation, from its It sets forth in more detail, if we mission on Human Rights. This is the very creation in 1945, and have existed would read the charter, to maintain primary body that the U.N. has that is right up to the present time. Some of international peace and security, to charged with accomplishing this objec- these problems should be familiar to take effective collective measures for tive. However, again, look at the the Members as we see they make the the prevention and removal of threats, record and see that the U.N. has failed headlines of some of the papers. Other to bring about the peace and world in this area as well. Countries such as papers we have to read in the back to order. Cuba, the Sudan, China, countries that actually find out what is going on with Secondly, to develop friendly rela- have a long history of violating human the U.N., problems including such tions among nations based upon re- rights, countries such as these sit on things as the now infamous Oil-for- spect, respect for the principles of the very commission in the U.N. that is Food scandal, the sexual exploitation equal rights and self-determination of supposed to be protecting the human of women and little children in the peoples. rights and dignity of the people in Congo, also the ongoing crisis that I Thirdly, to achieve cooperation in these countries. referenced earlier in the Darfur region solving international problems, prob- These countries’ membership and of the Sudan. lems of economic, social, cultural, and others like them on this panel destroys We need to examine now the ways we humanitarian in character. the very credibility of this commis- need to take to reform the United Na- And fourthly and finally, to promote sion; and it prevents the United Na- tions and make it a more accountable and encourage respect for human tions from achieving its goals, those and transparent world body, if that is rights and for the other fundamental goals in promoting and strengthening possible. freedoms that we all hold dear. Free- human rights. In fact, it was just a I should say that I commend the House Committee on International Re- dom from distinctions such as race, short time ago, several years ago, that lations, and the gentleman from Illi- sex, language, and religion. Libya, that country with that terrible Unfortunately, if we look at the nois (Mr. HYDE) as well, the chairman human rights track record, was se- record of the United Nations over the of that committee, because he and the lected to serve as the very chairman of last 60-some-odd years on any one of committee, as we speak and just re- the Human Rights Commission. these issues, I think people would have When we get into the issue of dollars cently, have been working to bring up to be in agreement with me that it has and cents, American taxpayers should legislation out of the committee now failed on each and every one. The be questioning just where their hard- and before this House that will address United Nations has not maintained these problems, bringing up and pass- earned tax dollars go. The United international peace and security. As we ing a substantial United Nations re- States pays almost 25 percent of the point out here, the number of wars that form proposal. I look forward to that entire United Nations budget. The have occurred since 1945 number well legislation coming to the floor of the United States pays upwards of 25 per- over 300 wars. Those wars have trans- House for our consideration, for our recent of the entire budget for the U.N., lated into the deaths of some 22 million view, and hopefully for a vote on that estimated in the 25 percent ratio. But people. legislation soon. The only times that the United Na- then when we compare that to the The lack of oversight and account- tions has ever supported intervening to number of votes in the U.N. that side ability by an international body that try to actually stop hostilities, to try with the United States on important claims to represent the moral con- to prevent wars, to try to do and live issues relative to the citizens of the science of the world really should not up to what its mission says were on state, the pie chart looks particularly be tolerated, should not be tolerated by two occasions. One was with respect to different. the citizens of this country, should not the Korean War. And the only reason On the left, the pie chart showing al- be tolerated by the citizens of the that that came about, if the Members most a quarter of the budget coming world. As the largest financial contrib- recall their history, was that the So- from the U.S., U.S. taxpayers; on the utor to the United Nations in the viet Union at the U.N. in New York right the pie chart showing the number world, the United States is the one boycotted the Security Council meet- of votes that are with us as opposed to country in the best position now to de- ing, and they were able to take a vote being against us, and we just get a mand those reforms. to intervene at that point. slight sliver. What is that number? The So tonight let us take a look at some And the second one was much more share of votes in the U.N. General As- of those particular areas that I have recent, and that, of course, was in the sembly siding with the United States is referenced already in need of reform first Persian Gulf war. But other than 1⁄2 percent. Less than 1 percent of the with regard to the legislation that we those two examples, there has never time does the U.N. side with the United will be seeing soon out of committee been any example where the U.N. has States. The majority of the time, al- and before this House for consider- successfully stepped in and prevented most 99.5 percent of the time, they are ation. these wars; and because of it, 22 million against us. And despite the fact that Probably the one that is most famil- lives have been lost. we pay a vast majority, a huge percent- iar to the general public today is that Just over the last 10 years, there age, of the U.N.’s budget, we have the dealing with the Oil-for-Food scandal; have been multiple genocides that oc- same voting rights as anyone else and when we think about it, it really is curred under the United Nations’ there; we have the same voting power not that familiar to a lot of people be- watch. These have occurred in Bosnia; as countries such as Tunisia, Bulgaria, cause for a long time it was not getting Rwanda; and now, as we speak, in the El Salvador; the same voting rights as mainstream press attention. In fact, if Darfur region of the Sudan. Each time some of the other countries that I men- it was not for a newspaper in New York the United Nations has failed to take tioned previously, those countries with and a few other papers that focused on the appropriate action and the action terrible human rights violation records this extensively, we would never have that was needed to put an end to those that serve on the Commission of seen this issue make the front pages of mass killings, and it was mainly due to Human Rights, et cetera. Countries the paper elsewhere. And if it was not political and economic pressures. that are headed by dictators and ty- for certain news commentaries on sta- If we think about it, the biggest rants have the same ability to influ- tions like Fox and otherwise that did threat right now to the civilized world ence that world body that we do in the actually do a good job of bringing this today, as we speak, is terrorism. And U.N. issue to the fore, the rest of the main- even in this field, the U.N. has failed All these problems that I have men- stream media failed to dig into this throughout its existence to develop a tioned lead back now to the very point issue to find out what the problems clear definition of what terrorism real- that I am trying to make this after- were with regard regards to the Oil-for- ly is. noon, that the United Nations is in se- Food scandal.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.074 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4331 So let us take this opportunity here that conduct were soon informed that trict about the role of the U.N., Ameri- this afternoon, then, to revisit that their families would be receiving a sti- cans know they are very disturbed by topic to allow the public to dig in and pend, if you will, of $15,000 to $25,000 or the U.N., but they like the idea of hav- take a look at what the history was more, care of the Saddam Hussein gov- ing this United Nations as a place there and hopefully open the eyes of ernment, care of the Oil-for-Food rev- where we can promote world peace and some people to some of the real prob- enue stream. world security and do some other lems within the U.N. Now, by allowing this corrupt system things. It is not until you explain the With regard to the Oil-for-Food scan- to continue and allowing Saddam Hus- record of the United Nations, and be- dal, we have to go back to the first gulf sein to manipulate the Oil-for-Food fore then the League of Nations, of war. Back at that time, sanctions were Program and also to bribe government total failure when it comes to pro- put in place on Saddam Hussein and his officials from other countries, and the moting freedom, total failure when it entire regime, and those sanctions reports have shown there has been an comes to protecting collective secu- were put in place that forbade them extensive list of government officials rity, total failure across the board that from exporting their oil outside of and people in high levels and positions they really get frustrated. their country. And we know that, of in other countries, countries that per- I want to congratulate the gentleman course, the oil revenue was his main haps it really should not surprise us, from New Jersey. The U.N. is in need of revenue stream coming into that coun- whether we are talking about people in deep and drastic and dramatic reform, try. So restrictions were placed on that Russia or in France, countries that and it is very sad to see liberals in the country saying that they could not ex- were fighting the United States and United States Senate hold up a report any more oil. And, of course, that our positions where we had taken a former like John Bolton’s nomination was having a tremendous economic tougher stance on Saddam Hussein. I merely because he believes that Amer- downward impact upon his country guess now, in retrospect, we know why ica’s security and freedom should come and, of course, the people that lived in some of those countries were fighting first, and the United Nations needs a it as well. the United States and our position to serious dose of reality. The U.N. became involved and said try to help the people of Iraq, because I will tell you it has been sad histori- that there were problems for the reg- there were people over in those coun- cally to watch the fact that the United ular common people in that country tries that were receiving part of those Nations, that was primarily the child because of these sanctions. So in 1996 kickbacks from Saddam Hussein. after World War II of the British Gov- these restrictions were softened, and In the end, how much money was di- ernment and the United States Govern- ment to promote security for the world the U.N. established the Oil-for-Food verted from the legitimate purposes of and peace, has been a failure. program. And in that program, it al- helping these people? How much money It was NATO that protected the free- was diverted from providing for food lowed the Iraqi government, Saddam dom and the peace during the Cold and shelter and medical supplies? Well, Hussein, to sell a limited amount of oil War. The League of Nations, which was altogether, the reports are now looking and a limited amount from his re- started in 1914–1915, failed to deter any at $21 billion was stolen by Saddam serves, was able to sell outside of that major aggressor, including ultimately country. Hussein at the expense of his own peo- Hitler’s Germany that attacked West- ple of his country. b 1445 ern Europe and threatened peace Think about it. The U.N.’s Oil-for- The revenue that would be coming throughout the world. Food Program was created to help pro- Just like the League of Nations back into Iraq was to be used for hu- vide humanitarian supplies, food and manitarian purposes and supplies, food, failed to protect the security of free medicine, to the less fortunate. But countries, so the U.N. has never once housing and the like, medical supplies, Saddam Hussein, under the auspices for the regular people who were suf- had any impact on protecting freedom- and the willing hand, if you will, of the loving, peaceful countries from aggres- fering in Iraq. U.N., was allowed to use that money to When the U.N. established this, how- sive totalitarian countries, the Cold advance weapons and military pro- War being the biggest example but not ever, Saddam Hussein demanded cer- grams as the poor were continuing to the only example. The U.N. was of ab- tain transaction payments from the be plagued by starvation and disease. solutely no value whatsoever through- companies and officials that were Now the most troublesome facts out the Cold War with the Soviet doing business with him. In other about the ongoing Oil-for-Food inves- Union, and it was NATO that preserved words, what happened here, these were tigation now is the lack of cooperation through power the peace. As Lady basically kickbacks to Saddam Hus- being provided from the U.N. to get to Thatcher said, it was Ronald Reagan sein, money that would turn around the very bottom of how all this oc- who won the Cold War without firing a and then he would be able to use for curred and what actually took place. single shot. other purposes, other than helping the We will be taking a look at that in a Even in smaller regional conflicts, people of his country. little more detail to see how those re- the U.N. historically has been a total The way it worked was simply this: ports came out and the fact that the waste of time, money, effort and re- Under the agreement set up with the U.N. continues to this day to fail to co- sources. For example, Cuba having U.N., he was able to designate those operate with Congress, with the infor- forces in Angola was never deterred by companies that would be the ones that mation that we have sought to receive the U.N.; the Soviet Union invading Af- would provide the humanitarian serv- and also with regard to the informa- ghanistan, the Vietnamese and the Ko- ices. Well, if those companies wanted tion that we had received and actually rean conflicts, again examples of the to have anything to do with getting now that the U.N. would like to get complete impotence of the United Na- that lucrative contract with his gov- that information back. tions to the detriment of freedom-lov- ernment, he would in turn compel I see I have been joined by one of my ing peoples. them to make some sort of, I guess you colleagues, the gentleman from the As my colleague pointed out, the would say, under-the-table kickback to great State of Florida, who also I Saddam Hussein failure has been a dra- himself personally and his government. would presume would like to speak to matic one, but it is just the most re- And what did he use that money for? the issue of the U.N. and the need for cent one, along with the Oil-for-Food He turned around and used that money reform and some of the problems with scandal, the perverted use of some U.N. for his army, for his generals, for muni- the U.N. troops in undermining the safety of tions, and, of course, also to provide for I yield to the gentleman from Florida women and children, actually engaging the palaces that we have since seen (Mr. FEENEY). in the rape and torture of these people. that he enjoyed in that country, mean- Mr. FEENEY. Mr. Speaker, I thank Even when it comes to peacekeeping, while while his people were destitute the gentleman from New Jersey for his something you would think the United and in poverty. Also money that was distinguished leadership in this and Nations would be good at, they have a used to provide funding to Palestinians other matters. miserable record. In Somalia, it was and the homicide bomber families. Sui- Mr. Speaker, it is very sad that as I U.N. troops that presided over the larg- cide bombing families who engaged in go back and talk to people in my dis- est genocide in the last 10 years. They

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.075 H09PT1 H4332 CONGRESSIONAL RECORD — HOUSE June 9, 2005 actually facilitated the genocide by which is to try to make us all feel a lit- resources largely provided by the herding together folks that were ulti- tle more secure at home, that we are United States of America. There are mately slaughtered. In Rwanda, you not going to engage in another world other non-governmental organizations had the Tutsis slaughtered by their op- war, maybe at least, the gentleman that do at least as good a job on most pressors. The United Nations was to- suggested, that they are helping out occasions. If it was not for the gen- tally useless. In Yugoslovia, you had providing the delivery of food and the erosity of American taxpayers and the horrible situation that resulted like, disaster relief. American contributions, much of the from the U.N. embargo, denying one But I think the gentleman will agree world would never recover from some side the arms to protect themselves with me, because I know the gentleman of the horrible disasters that occur. while the other side engaged in mass follows the issue of the United States But I do believe there is a potential slaughter in Bosnia and elsewhere. providing tsunami relief after the last role for the United Nations to play in I want to end, Mr. Speaker, by devastation that occurred at the end of continuing to be a world welfare orga- thanking the gentleman from New Jer- last year, how the White House was im- nization in times of emergency relief sey and saying there are some things mediately taking action. Although it perhaps and maybe a cocktail debating that the United Nations can help at: was not getting a lot of press and it society. But unless there are dramatic distributing food in times of crisis. was not actually looking for press at reforms, they are good for nothing They are a nice debating society, but that time, the White House and this more. And it is a threat to our security they have never once provided any bit administration said we are going to if we even pretend that they ever have of security to the United States or any just go in and get the job done, and we deterred an aggressor. of our friends. To the extent that they immediately sent our troops over As the gentleman points out with his condemn anybody, it is typically our there, our ships over in that region of chart, since 1945, their main mission friends like Israel, when they equated the world. was to deter aggression by hostile Zionism, the belief that the Jewish We were not calling up the press on countries to freedom. They have failed people ought to have a state where the same day we were doing it. The ad- 300 times to do their main mission. So they can be free from threats from op- ministration, they just said, we have a let us never depend on the United Na- pression and anti-semitism and abso- problem. Let us get the United States tions for our security or to protect lute genocide. It is Israel that has been over there and try to solve the problem American interests. Mr. GARRETT of New Jersey. Mr. condemned more than any other nation with regard to getting the food and Speaker, reclaiming my time, I thank on Earth by the United Nations. supplies to the people. Finally, the United Nations has I know the gentleman is very aware the gentleman. Before I go on, I will never been united in any way, shape or of that and was helpful in regard to comment that the gentleman’s comment about a debating society is one form. Some people say it is a democ- moving the legislation to get funding that I have used as well, but it is a de- racy, but it is a democracy where a ma- there. bating society made of who? It is a de- jority of the people that vote are actu- But as an individual who has gone on bating society made up of tyrants, dic- ally dictators, tyrants. The majority of the ground in those countries that tators and thugs, sort of like govern- the United Nations is governed by were suffering from the tsunami, one of ments. I do not know that I really want places like the African Union, the Arab the interesting aspects of it is not so to be engaged in a debating society League and the Islamic Conference, much what the U.N. did, it is what the like that. But I thank the gentleman often not only hostile to America’s in- United States did and what some other for his work and support. bilateral agreements did. As the gen- terests but some of these nations actu- As was alluded to, one of the things tleman recalls, what happened was the ally promoting terrorism itself. the U.N. does not do is prevent wars. So I congratulate the gentleman United States stepped up and said we One of the things they might be able to from New Jersey. U.N. reform is a will provide troops and equipment im- do is help the people. That is what they must. If we are not going to reform the mediately. We will also provide fund- were supposed to be doing with regard U.N., it is time to pull out of the U.N., ing. to the Oil-for-Food scandal situation, put together a group of freedom-loving, They intermediately entered into providing food to the people of Iraq peaceful nations that will engage in agreements with countries like India. through their oil revenue stream. real collective security, and not engage India, of course, was right there. They Unfortunately, as I was alluding to a in this mirage where we pour our had their ships within less than an moment ago, they failed miserably in money down a rat trap, fund our en- hour on the scene. And we were actu- that respect inasmuch as they allowed emies often, and embarrass ourselves ally getting the job done. the dictator Saddam Hussein to use by being a participant. Later, the U.N. became involved. those dollars for other things, to use I yield back to the distinguished gen- Even after the U.N. slowly began to those dollars to help build up his mili- tleman from New Jersey. make its presence known, it was not so tary, to use those dollars to help build Mr. GARRETT of New Jersey. Mr. much the U.N. that was doing the up their palaces for their generals, Speaker, reclaiming my time, I thank work, as the gentleman knows, it is the some of which I had the opportunity to the gentleman for those comments. NGOs, all those other, what is the word see when I had gone over to Iraq to The gentleman made a number of good for it, nonprofit entities, you might visit our troops over there, magnificent points, the last one with regard to sort of say, that were on the ground, palaces that these generals and Sad- what they are good at. Before the gen- that were already in some of these dam Hussein lived in at the time while tleman got here, I put up the one chart countries, funded in large part by the rest of the country was basically in as to what the charter of the U.N. says, American taxpayer dollars. Those were squalor and poverty. That is where the what is their ultimate responsibility, the guys who were getting the job Oil-for-Food revenue was going to. why did we create the U.N. back after done. It was also going to, as I said, people World War II. It was basically the larg- So, just to conclude, I think the gen- outside of his country, bribing basi- er mission. tleman makes a good point that the cally government officials and other There it is. The larger mission is U.N. does not do its original mission at high-ranking individuals in other coun- maintaining international peace and all, which is to provide security to this tries, such as Russia and France and security, which means to try to pre- country, but the other point is that all elsewhere, the very same countries vent future wars so we would not have they really do is come in after the fact that were battling the United States in another war of the world as we had in when it comes to providing food and the U.N. saying that we should not be World War II, and to try to prevent fu- medicine and still rely upon our tax taking a tough position with Iraq, that ture wars, where we have had over 300 dollar to get the job done. we should allow them to continue on wars. Mr. FEENEY. Mr. Speaker, if the with the Oil-for-Food Program. Then the gentleman alluded to an- gentleman will yield further, I thank other point, which is interesting. The the gentleman. b 1500 gentleman says if they are not doing The United Nations, to the extent it Well, now we know why. They wanted what the charter tells them to do, does anything, it distributes food and the Oil-For-Food program to continue

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.078 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4333 just so that they could continue to able thing and stand up and say that gentleman from New Jersey (Mr. GAR- have a stream of money coming into they are not going to be part of an in- RETT) for being one of the singular and their private bank rolls. Well, the U.N. vestigation that is not much more than most effective voices about the truth finally found out that that was going a whitewash of what is going on over at about the United Nations in the 21st on. Investigations were taking place, the U.N. century on Capitol Hill, and I appre- investigations are taking place here in The second report, remember I said ciate his leadership in organizing this this Congress. But, as I alluded to a there were several interim reports, the Special Order today. moment ago, the very U.N. that we second interim report’s most troubling As a member of the newly organized fund and house here in the United finding was the fact that Kofi Annan’s Subcommittee on Oversight for the States in New York City, they failed to chief of staff authorized the shredding United Nations, I am especially grate- work with us here in Congress so that of documents, numerous documents au- ful to have an opportunity to speak we can, as American citizens, get to thorized by the chief of staff of Kofi and to do so specifically, as the gen- the bottom of it and find out where our Annan relating to the Oil-For-Food tleman has requested, about legislation dollars are going to and exactly what scandal. He retired on January 15, ear- that we on the Committee on Inter- sort of transparency we need in order lier this year. It was the same day that national Relations reported, literally to find out this information. The U.N. the committee was informed that these just hours ago, when, by a very close has shielded their very own people. The documents had been shredded. In other vote, and what was I think an extraor- U.N. has said that we are not going to words, documents that would have dinary and civil and thoughtful debate, provide documents to Congress that been necessary to show the direct in- the Committee on International Rela- the Congress wants, we are not going volvement of the parties to this action tions produced U.N. reform with teeth. to provide people to come and testify for Oil-For-Food were simply destroyed The Henry Hyde U.N. Reform Act of before Congress that Congress needs. and shredded. 2005, we believe, will come to the floor So what did the U.N. do in this re- It is interesting to note that this is of this Congress next week, and it will gard? Well, what the U.N. did do was the same individual, the same chief of represent, in sum total, the most sig- set up their own commission, or the staff that previously had supposedly nificant effort by the people of the commission has been set up, as we are sent out an order saying that no docu- United States of America to reform all familiar with now, to investigate, ments should be discarded, that the and amend this half-century-old insti- which is now known as the Volcker commission should have access to all tution. And that is the intention and Commission, to investigate the allega- documents that they needed and the purpose of what, when it was intro- tions involving the Oil-For-Food. sought; but at the end of the day, it duced with the authorship of the gen- The problem with that is a number of was that individual himself, the chief tleman from Illinois (Mr. HYDE) and folds: of staff, that was found guilty. Well, my singular cosponsorship, the Hyde/ First of all, the gentleman who is not found guilty, but found as the indi- Pence bill purposes to do. heading up the Commission, Paul vidual who was shredding these docu- The truth is, Mr. Speaker, that if the Volcker, an honorable gentleman, but ments. United Nations did not exist as a forum someone it has been discovered has Now that these other two individuals for international deliberation, we close ties himself to the U.N. in the have resigned from the commission would very likely have to invent it. past and to the Secretary General, Kofi that have been referenced before be- The United Nations, not as a world Annan, in the past, as well as other cause of their views on the report being government, but as a world delibera- conflicts of interest, so perhaps not the too soft, they took with them certain tive forum, serves an important role. best to be heading up the investigation. documents and they took those docu- But because of years of mismanage- Also, as far as the powers that that ments, and those documents have ment, mindless bureaucracy, and, as commission has, lack of subpoena pow- found their way here to this House and the gentleman has spoken with force ers, lack of ability to hold people in to the investigatory bodies here in this and authority today, profound corrup- contempt in order to get them to tes- House. tion, this institution’s vitality and sur- tify before this commission. One would think that the U.N. and vival in the 21st century is at risk And it is for those reasons that that the Volcker Commission would say, without fundamental reform. And that commission has not done the study and that is fine. Now that you have the is precisely what the Henry Hyde U.N. has not done the inquiry that we would documents, go ahead and do all that Reform Act brings. all like to have had, so we could get all you need. But what happened right But I say very carefully and directly, the information out with regard to the after that? Well, we know from the re- this is not a bill that provides an out- Oil-For-Food scandal and the mis- ports in the press that Paul Volcker line for reform of the United Nations management at the top, at least the then came back and attempted as best with, if I can speak plainly, the United malfeasance, misfeasance at worst, at he could to block congressional inves- States providing virtually a third of the top of the hierarchy of the U.N. tigations from looking at these docu- the funding for this institution and Paul Volcker also has been accused ments and, in fact, demanded those then saying, we think these are good of downplaying Kofi Annan’s involve- very same documents back. So, basi- ideas for reform; we sure hope you do ment in the scandal. Several reports cally, just a pattern of blocking in- too. This is U.N. reform with teeth. have come out of his commission with quiry into what the U.N. has been In fact, we use a variety of methods regard to this scandal, and others. doing and a pattern of standing in the of leverage in the United Nations Re- They are called interim reports. way of citizens of the United States form Act of 2005, but that which has Several weeks ago, unfortunately for and the citizens of the world to see for caught the most notice is the potential them, two of their top investigators themselves the poor job that the U.N. withholding of 50 percent of U.S. as- who were working on his commission has done with regard to living up to its sessed dues if certifications are not resigned from that investigatory body; charter of protecting and making a se- made in the critical areas of reform they resigned. And the reason they did cure world and protecting the people in that are described. Those areas include so, they said, was because they felt Iraq. budgeting. The Hyde legislation urges that the commission and the reports I see that I am joined here this after- the shifting of 18 programs from reg- that have been issued by the commis- noon, and I appreciate that, by the gen- ular assessed budget authority to vol- sion basically are too soft, not hard- tleman from Indiana (Mr. PENCE); and I untary funded programs that will be a hitting enough, on Kofi Annan and Kofi yield to him. great deal more accountable in the Annan’s involvement with the Oil-For- Mr. PENCE. Mr. Speaker, I thank the process. Food scandal. Those individuals and gentleman for yielding. On the subject of accountability, the the information that they have been I rise in strong agreement with the Hyde legislation mandates the creation able to take out as far as documents sentiment expressed by the gentleman of an independent oversight board with and what have you would not have been from New Jersey and our colleagues broad investigative authority through available to Congress, had it not been who have spoken in this Special Order, the Office of Internal Oversight Serv- that those people did not do the honor- and I especially want to commend the ices, what will come to be known as

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.080 H09PT1 H4334 CONGRESSIONAL RECORD — HOUSE June 9, 2005 the OIOS, will have the authority to from New Jersey (Mr. GARRETT) effec- the U.N. until there is a true account- initiate investigations into mis- tively brings to the floor today, the ing, until we can certify that we actu- management and wrongdoing and es- Henry Hyde U.N. Reform Act of 2005 is ally know where all of that money tablish procedures to protect U.N. em- an idea whose time has come. went to. ployees or contractors who serve in a I yield back with gratitude to the Remember how much we were talk- whistleblowing capacity. gentleman from New Jersey. ing about here? $21 billion has been ef- In the area of human rights, the U.N. Mr. GARRETT of New Jersey. Mr. fectively stolen, stolen from the people Reform Act also has a get-tough policy Speaker, I thank the gentleman, as of Iraq, the poor, destitute people of mandating that the United Nations well, for joining us here this afternoon Iraq, during the entire scandal by Sad- adopt criteria for membership on any and also for the work that he has al- dam Hussein and other people around human rights policy within the institu- ready done on the committee. I com- the world and his regime, the largest tion. Under these criteria, countries mend him for that. I know the gen- theft, I guess, in world history. And we that fail to uphold the universal dec- tleman is well respected by all of our are just looking for an accountability laration of human rights would be in- colleagues for his insightfulness and for that. eligible for membership. Now, this may level-headedness as far as addressing It is really an outrage when you come as a shock to any that are look- this issue because, as he pointed out, think about it. The American public ing in today, Mr. Speaker, but that is we could be going in either extreme on should be outraged about what has oc- not required today. There are countries this issue. curred at the U.N. The world commu- who participate in human rights fo- Probably, when we get into the de- nity should be outraged about what oc- rums in the United Nations that do not bate on this legislation next week, curred at the U.N., and right over in uphold the universal declaration of whether it becomes partisan or not, I Iraq in the work of Saddam Hussein human rights. We say that should not can imagine that there will be ex- and right under the noses of the admin- be the case. tremes from both sides, so I appreciate istrators at the U.N.? A $21 billion scandal, and it is only And in the area of peacekeeping, the gentleman’s moderation on this now beginning to have the facts come where there have been such extraor- and his hard work on this. I am sure out. We have a responsibility as Mem- dinary scandals of late, children, little the gentleman joins with me in sup- bers of the Congress to continue with girls, 10, 11 and 12 years of age being porting the gentleman from Illinois this investigation. We have a responsi- sexually molested by blue-helmeted (Chairman HYDE). bility, as alluded to before by the gen- U.N. peacekeepers, which photographs In essence, what the committee is tleman from Indiana (Mr. PENCE), to record being made of the molestation doing is they are looking for in the Re- make sure that if we are going to be and then the trafficking of those form Act of 2005, these are my words, providing them any of your hard- records, there are fundamental reforms not the committee’s words, but they earned tax dollars that we will get to in the Hyde legislation that would are looking for oversight, account- the bottom of it, hold those people re- mandate a single and enforceable uni- ability, and cutting bureaucracy, I sponsible for what their actions were, form code of conduct for all personnel guess the same thing that they were al- for participating in or profiting from serving in peacekeeping missions. ways looking for in any form of entity, And there is a strict mandate that this outrage. They need to lose their government or otherwise, that plays an jobs or go to jail or both. the criteria of the commission on important role in our lives. We do not So that is just one tip of the iceberg peacekeeping reform that was adopted want a huge bureaucracy, we do want a problem with the U.N. And I can allude by the United Nations, that the five level of accountability so we know who just to a point how this impacts upon criteria and objectives be implemented is responsible and we can hold them ac- the world issue, world community as in the immediate before any additional countable for what they have done, and far as security and terrorism is con- peacekeeping operations can be author- we want oversight. We want somebody, cerned. I think I have the chart here. ized by the President of the United as the gentleman from Indiana (Mr. I referenced before what Saddam States. PENCE) alluded to, somebody, some ap- Hussein was able to do with the money, I want to yield back to the gen- paratus who would be in a position to buy houses and palaces and military. tleman from New Jersey because there be able to step back for a moment and But part of it, also, in not too complex will be ample time on the floor next take a look at the situation as a whole an arrangement here, part of it also week, I believe, when the U.N. Reform and see whether they are complying helped to facilitate suicide bombers Act comes to this floor, to unpack it with their overall charter and com- which we see on TV more frequently for the American people. But it is, in a plying with their overall mission. than any of us want. But suicide bomb- very real sense, an opportunity to take b 1515 ers in other parts of the world as well? that information that the gentleman I mentioned before that there was a from New Jersey (Mr. GARRETT) is As we have alluded to already this situation where he was getting kick- leading on to the floor today and who evening, we already know throughout backs from payments from companies has been such a champion of, taking history they have not been doing so, so in the Oil-for-Food program. Some of the truth about the U.N. and saying, now we have to decide what to do with that money then went to a bank ac- here is the proper response of the it. count in Jordan. There was also rev- American people. I referenced before the problems, the enue coming into the regime, a $3 a As I close, let me say that one re- ongoing investigation with the U.N. barrel fee for oil. That was paid by the sponse could simply be the American and what they have found so far. The Jordanian Government as part of their people, through their elected rep- behavior of the U.N. up to date, in my agreement over with Iraq to get some resentatives, could profoundly reduce opinion, is just totally indefensible of money out. Again, that money ended our participation financially in the with regard to their investigations and up in a Jordanian bank account there. United Nations. And it is important to the investigations that they are tak- There is a bank, Rafidian Bank in Iraq. say that the U.N. Reform Act keeps ing, blocking for Congress to take. I, That money was there; and other funding level. There is no reduction in for one, take the position, and have sources as well, I should say. The top funding by the people of the United signed on to legislation that we had line here shows sources of money: kick- States of America to the United Na- last year when these issues first came backs, fee per barrel and other sources tions in the U.N. Reform Act. There is up, to say that we should be suspending of funds as well. a potential for as much as a 50 percent all, we should be suspending all funding All of that money coming into the re- reduction in assessed dues if the United to the U.N. until they agree to fully co- gime, and where did it go? Into the var- Nations, through its membership and operate and provide us with that level ious bank accounts that regime con- internal organs, does not fundamen- of accountability. trolled. And eventually out of that tally adopt and implement reform in The gentleman from Arizona (Mr. bank account and to the families of the next 2 to 3 years. FLAKE) has legislation that addresses suicide bombers. $15, $20, $25, upwards It is U.N. reform with teeth, and for the issue and says that we should be of $35,000 each was going to the fami- all of the reasons that the gentleman withholding some level of funding to lies of suicide bombers to help them

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.081 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4335 out and to encourage that heinous type Iraq that came from those countries As a former judge in Houston, Texas, of action that we see as life is being and others in addition to that can be for over 20 years, I believe in con- taken from other families and individ- indexed almost directly in proportion sequences for bad conduct. When im- uals. to their oil interests in Iraq and in the proper behavior takes place, I do not The regime was supporting it. The Middle East. In fact, at the time I did believe that we should say to the per- U.N. was basically facilitating it by al- not know how prophetic that was, be- petrator, the person responsible, try to lowing it to occur under their noses. cause we were not aware at the time of do a little better. Normally, we look to I am seeing now that I am joined by the Oil-for-Food Program. Now when the head of the organization when the the gentleman from Iowa (Mr. KING). you add that at least $10.1 billion worth organization is floundering, especially Mr. KING of Iowa. Mr. Speaker, I of fraud that came with Oil-for-Food, in corruption. thank the gentleman from New Jersey the $5.7 billion in oil smuggling, the In order for the U.N. to regain credi- (Mr. GARRETT) for bringing forth this $4.4 billion in illicit surcharges, we bility, Kofi Annan must step down. important special order and for his know now it is bigger than that. Under his watch, the world’s largest fi- presentation with regard to the United We know the names of some of the nancial and human rights scandal has Nations. players? We know that those players occurred. The U.N. Oil-for-Food scan- I appreciate the opportunity to say a were in places where their voices were dal makes the Enron scandal in Hous- few words about how we might better echoed in opposition to the liberation ton, Texas, look like theft of a tooth- reform the United Nations and how we of the Iraqi people. One can only sus- brush. This U.N. scandal resulted in might better direct the future of this pect their interest was to continue rak- millions of lives languishing in Iraq. In country and the world. There has been ing the gravy off of the Oil-for-Food the ongoing investigation, it appears as a lot said, Mr. Speaker, about the Program and pocket the money them- though Kofi Annan and his top staff United Nations and what kind of a selves. So they had what is called a may have obstructed justice, may have structure it is. This country has for a vested interest. In fact, if I remember destroyed piles of files that many sus- long time believed very firmly in the the words of Barber Conable, it was, pect reveal how he knew what was sense that we can bring together an Hell hath no fury like a vested interest going on all along. international dialogue, resolve the masquerading as a moral principle. There should be consequences, and world’s problems and avoid war. That Well, their moral principle was actu- my question is, what is the United Na- was why the League of Nations was es- ally an immoral principle, a principle tion’s position on the consequences in tablished and certainly why the United of profit. That is part of the corruption its own body for improper corrupt con- Nations was established. The U.N. was of the United Nations. duct? Why cannot the United Nations established in an endeavor to correct There is a sex scandal within the ad- enforce basic civil rules for conduct? some of the mistakes that were made ministration that brought actually Let us revisit just briefly some of the with the League of Nations and estab- sometimes more media than the Oil- accusations against the United Nations lish an organization that might func- for-Food scandal did. And then we have in addition to the Oil-for-Food dis- tion essentially in perpetuity in a fash- those things. grace. How about the 150 allegations of ion that is going to be helpful towards We need to keep encouraging the in- sexual abuse by U.N. civilian staff and peace and security in the world. vestigation into the Oil-for-Food Pro- soldiers in the Congo? Accusations Unfortunately, it has not worked out gram, and then we have the operations so much that way, Mr. Speaker. In which include prostitution, rape, of peacekeeping in Africa where we pedophilia. Or what about the numer- fact, the entire structure of the United have peacekeepers perpetuating sexual Nations is something we do not talk ous cases of abuse among peacekeepers violence on innocent citizens, innocent in the northeastern town of Bunia? about very often. It has a huge flaw, people. This does not include previous reports and the flaw is this, that in the minds An organization like this that does of peacekeeping abuses in Cambodia, of the people in this country and not have a legitimate oversight pro- around the world we believe, since we gram truly needs a U.N. Reform Act? I Ethiopia, Bosnia, and Somalia, and the have a forum there, we have a general am 100 percent supportive of this U.N. list goes on and on. How about the tragic tales of de- assembly there that brings in voices Reform Act. A number of the compo- fenseless North Korean defectors who from nearly every nation in the world nents in here are essential. I think it is faced deprivation or worse at the hands and they sit in a place and they have essential that the United States looks of U.N.-operated refugee camps? Or the an open forum and an open debate, that at holding back and reserving some of investigations into the involvement of somehow that is a semblance of democ- its dues to the United Nations until we racy and so, therefore, the will of the get a bright light that shines on the U.N. affiliates in trafficking prostitu- people of the world will be manifested United Nations, until we have a United tion in Kosovo? Not to mention, Mr. in the policy of the United Nations. Nations that functions as truly the Speaker, some of the internal mis- The big flaw is that many of those voice of the people of the world and has conduct we have heard about like the people that sit there are either dic- the accountability like we have here in allegations of sexual harassment, abuse tators themselves or mouthpieces for the United States. of power, unwanted physical conduct dictators, people that would cut the So, with that, I appreciate the oppor- within at least one U.N. administrative tongues out of their own constituents tunity to say a few words. office. And let us not forget the indica- if they were to stand up and speak like Mr. GARRETT of New Jersey. I tions that Kofi Annan’s son, Kojo, may a free people as we do here in this thank the gentleman for his comments. have engaged in corruption by way of country. So, therefore, the voice of the I thank him for his work. the Swiss company for which he world is not heard in the United Na- I know that the American public worked that inspected items going to tions. It is often the voice of the rulers, agrees with you when you say that we Iraq on behalf of the Oil-for-Food pro- the despots. should be withholding funding to an or- gram. In fact, as we listened to the United ganization such as this where there is Whether or not we ever substantiate Nations and the loudest voices in the no accountability and there is no claims that the UN’s Oil-for-Food ini- United Nations prior to our engage- transparency of what has been going on tiative has ties to international terment and liberation of Iraq, we heard a all of these many years and this failing rorism, one thing is certain: Outlaws loud noise come from France, and they mission. So I thank you for your work. within the ranks of the United Nations were organizing intensively to oppose At this time, I see we are joined by have instigated terror in the lives of the United States’ potential operations the gentleman from Texas. people across the globe. Rather than in Iraq? That same noise came from Mr. POE. Mr. Speaker, I thank the weeping for joy at the arrival of United Germany, and it came from Russia, and gentleman from New Jersey (Mr. GAR- Nation relief, many of those people run it came from China, where we remem- RETT) for yielding and his leadership in in panic at thought of such a sordid ber those days two-and-a-half, 3 years underscoring the lengthy, loathsome savior touching the ground in their ago. and lewd history that the United Na- own country. I said at the time that the decibels of tions possesses, a history of the decep- Whatever happened to the United Na- resistance to a potential liberation of tion and dishonesty and duplicity. tions’ charter promise that advances

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.082 H09PT1 H4336 CONGRESSIONAL RECORD — HOUSE June 9, 2005 justice and respect for obligations aris- I join with the gentleman in saying tunity. And it was a plea to the leaders ing from treaties and the dignity and that we should be asking for the head of this Congress, to the leaders of this the worth of the human person? of the U.N. to step down now so that he administration, to the leaders of this In fact, in raising the United Na- can be replaced with someone that we country to not allow Americans to be tions’ duty to promoting dignity and all have confidence in in the interim left behind as the bus of opportunity humanity, how ironic it has become period of time until, if ever, reform is pulls off. that countries like Sudan, Zimbabwe, made at the U.N. so that American tax- I talked about the experience that I Cuba, Saudi Arabia, and even China payers can look and say with pride, had with a little boy who was trying to now comprise the membership in the this is where our tax dollars are going, catch a metro bus to school. And he United Nations’ Commission on Human as opposed to the abuses where it is yelled to me and I ran and I ran and I Rights. going on right now; the abuses that ran to catch up with that bus and I told This body must act. It must act now. are, as I said before, just a litany. The the little boy, You can run. You can And it must start with demanding that gentleman mentioned the 150 alleged catch the bus. And we caught that bus Kofi Annan step down. He is respon- human rights abuses by the U.N., by as it idled at a red light. We pounded sible for the conduct of the United Na- the very peacekeepers who are going on the door. The bus driver nodded her tion, because in our society we look to into these countries that are trying to recognition of my request to let the lit- the head of any organization. Then let make these countries safe, such as in tle boy board the bus, and then she us try to aid congressional investiga- the Congo. Instead, they bring tragedy shook her head no and drove away. The tors in their efforts to unravel the de- to the very people who become victims little boy was crushed, but he caught ception and gluttony and the corrup- of the U.N. as opposed to the warring the next bus, and I assume he success- tion perpetrated for years by the factions that are over there. fully made it to school. United Nations. The gentleman made reference also Then I talked about some statistics Mr. Speaker, I thank you for allow- to the idea of forced prostitution. This from leading organizations that keep ing me to make those comments; and I is forced prostitution by little tiny them about the dire straits faced by hope that we as a body can make a kids. 10-year-old girls have been alleg- too many Americans, and in particular statement that the United Nations is edly used and compelled into prostitu- too many African Americans. I showed going to be held accountable for its tion, a tragedy that is happening under these charts on imprisonment, the dis- conduct. the auspices of the U.N. body that we parities that exist in our country. If Mr. GARRETT of New Jersey. Mr. are funding. These young women, these you look at imprisonment, which is an Speaker, I thank the gentleman from young girls that are being compelled to indication of the status of justice in Texas (Mr. POE) for his comments. I be involved in this, the phrase used this country, it will take for the gap to thank you for bringing so many of now just as we had the Oil-for-Food close between the rates of imprison- points to the public’s attention. scandal, now we have the sex-for-food ment for African Americans and the You raise a point of whatever hap- scandal as well. rates of imprisonment for white Ameri- pened to the U.N. charter. That is We are talking about impoverished cans to close, it will take 190 years. something we have been discussing to- countries over there where food is hard For poverty, for the rate of poverty night extensively. Whatever did happen to come by and people are starving in experienced by African Americans, to to the charter and the role that the parts of Africa. And they are being, catch up to the rate of poverty experi- U.N. was set up for back in 1945? well, forced under these conditions to enced by white Americans it will take You also used the expression, I no- sell themselves for a jug of milk or a 150 years to close that gap if nothing is ticed a couple of times as you went bit of food or for a dollar. For that rea- done in the area of public policy. Child through, a litany, a litany of abuses by son now the phrase sex-for-food is here. poverty, 210 years to erase the gap of a the U.N., whether it was the 150 human They have also been phrased ‘‘the dol- large number of African American chil- rights abuses or the forced prostitution lar girls’’ in these areas as well, again, dren who experience poverty. Income, and on and on. Each time I noticed under the watchful noses and willing 581 years to close the income gap expe- that you mentioned the words, you said acquiescence by the U.N. because it is rienced by African Americans in this ‘‘not to mention this,’’ as a phrase. the very people that the U.N. has en- country. And, finally, because the Well, it is good thing. I appreciate the gaged over there that have allowed this President talks about homeownership fact that you are here tonight. I appre- conduct to go on. and the power of homeownership and ciate the fact that you are mentioning I believe we have significantly more how this budget that this Congress is these points, because, as you know, issues to address, but we have only now in the process of passing, is to pro- most of these points are not being men- touched the tip of the iceberg as far as mote homeownership in this country, tioned in the mainstream media. Most the need of reform or the drastic sadly the rate of homeownership in the of these points are not being driven changes as far as the relationship be- African American community pales in home back at home, throughout our tween the United States and the U.N. I comparison to that experienced in the communities and the rest of the world thank the Speaker for this opportunity white community. It will take 1,664 as well. to bring it to the American public. years to close the homeownership gap So I applaud you for mentioning f if nothing is done. them and making sure that these are So I ask the leadership of this Con- CATCH THE BUS OF OPPORTUNITY at the front of people’s attention so gress to please pay attention to these that this body can do just as you said, The SPEAKER pro tempore (Mr. statistics because these statistics rep- hold this institution accountable. I MACK). Under the Speaker’s announced resent real people. And despite what thank the gentleman for his work. policy of January 4, 2005, the gentle- the Republicans say about us having a woman from Georgia (Ms. MCKINNEY) is growth economy, the sad fact is that if 1530 b recognized for 60 minutes as the des- we do nothing, too many Americans The gentleman has raised so many ignee of the minority leader. are being left behind, too many Ameri- important points that we need to go to Ms. MCKINNEY. Mr. Speaker, last cans. And so I ask that we leave no in more detail. And as we begin to look month I was able to do a Special Order American behind. at the reform next week, legislation, I thanks to the minority leader and her Mr. Speaker, in Iraq I ask the ques- hope that we will have the opportunity staff who have secured time so that I tion tonight, are we leaving our soul to explore each and every one of these can come on to the House floor and ad- behind? Who are we as a country? What in more detail so that the public can dress this Congress and the leadership have we become? Do the American peo- have a better understanding of just the of this Congress and the American people even care? What can we do to re- number of abuses. We just touched on a ple. gain our soul? little bit of detail about the Oil-for- Last month’s Special Order, which is Mr. Speaker, I have noted on this Food scandal and abuses of the U.N. as what these talks are called after legis- floor that the snows of Kilimanjaro are far as that scandal and as far as the lative business has been dispensed melting, that the glaciers in the Arctic cover up that seems to be going on. with, was about a bus, the bus of oppor- are melting, that we have real serious

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.084 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4337 problems that the best minds in our Bennie J. Washington, age 25, died Jan- she does want to be treated as an country can devote their talent to solv- uary 4, 2005. Jesus Fonseca, age 19, died equal, even in combat. ing. And I would like to read a quote January 17, 2005. David Salie, age 34, ‘‘In a way, she got her chance last from Dwight David Eisenhower about died February 14, 2005. Tyler Dickens, weekend when Marines from the 3rd how we choose to spend our resources. age 20, died April 12, 2005. John McGee, Battalion, 8th Marine Regiment, led a He said, ‘‘Every gun that is made, age 36, died May 2, 2005. Charles raid into the city of Karmah in search every warship launched, every rocket Gillican, the Third, age 35, died May 14, of high-value targets and hidden weap- fired signifies in the final sense a theft 2005. ons. from those who hunger and are not fed, The sad fact, even sadder than the ‘‘ ‘We’re out here, and we’re rocking those who are cold and are not way I feel right now after having read on the front line,’ said Libby, a 21-year clothed.’’ President Eisenhower said those names, is that we may not even old from Niceville, Florida. that. have the real story. We may not know ‘‘ ‘This is history,’ Chief Warrant Of- Then John F. Kennedy in his inau- the true costs of this war. I am told ficer Jill St. John is quoted as saying. gural address reminded us that the U.S. military personnel who died in ‘I’ve been in the Marine Corps for 18 world is very different now for man, for German hospitals en route to German years, and this is my first opportunity man holds in his mortal hands the hospitals are not counted. So, in addi- to be out with an infantry company. power to abolish all forms of human tion to the more than 1,000 Americans Even 5 years ago, the Marine Corps poverty and all forms of human life. who have lost their lives in this war, wouldn’t be doing this. This is a major Kennedy said, ‘‘Finally, to those na- there are an additional 6,210 who died change in how we think women can be tions who would make themselves our in German hospitals or en route to used in the military.’ ’’ adversary, we offer not a pledge but a those hospitals. Then there is the headline from the request. That both sides begin anew Brian Harring writes in the Domestic Guardian that says, The U.S. Lowers the quest for peace before the dark Intelligence Reporter that the Bush ad- Standards in Army Numbers Crisis. powers of destruction released by ministration has sworn up and down Why do we need to do this? science engulf all humanity in planned that it will never reinstate the draft. ‘‘The U.S. military has stopped bat- or accidental self-destruction.’’ Defense Secretary Donald Rumsfeld, in talion commanders from dismissing Planned or accidental self-destruction. an op-ed blaming conspiracy mongers new recruits for drug abuse, alcohol, Today I would like to do a rollcall, a for attempting to scare and mislead poor fitness and pregnancy in an at- rollcall of the young men and women young Americans, insisted that the tempt to halt the rising attrition rate who have died in Iraq from my home idea of reinstating the draft has never in an Army under growing strain.’’ State of Georgia as compiled by my been debated, endorsed, discussed, Last month, the Army announced local newspaper on Monday, May 30. In theorized, pondered or even whispered that it was 6,000 soldiers short of its re- addition, I would like to read a few ar- by anyone in the Bush administration. cruitment targets for the year so far, ticles and I would like to read those ar- However, in the Domestic Intel- and tomorrow we are supposed to hear ticles all with one question or one se- ligence Reporter, Brian Harring writes the latest numbers for recruitment. ries of questions in mind: Who are we? that assertion is demonstrably false. We are told in this article that re- What do we stand for? What is being According to an internal Selective cruiters have been given greater lee- done in our name? Is there a way out? Service memo made public under the way. By doing things to increase quan- I will begin to read Georgia’s Memo- Freedom of Information Act, the agen- tity, you are also doing things to de- rial Day honor roll. Jamaal Addison, cy’s acting director met with two of crease quality, but they have made the 22, died March 23, 2003; Diego Fernando Rumsfeld’s under secretaries in Feb- judgment that that is the way to go. Rincon, 19, died March 29, 2003; Wilbert ruary, 2003, precisely to debate, discuss Now the Stars and Stripes ran a Davis, age 40, died April 3, 2003; Edward and ponder a return to the draft. story that has to be disheartening to J. Korn, 31, died April 3, 2003, David T. The memo then proposes in detail anyone who would read it. The head- Nutt, 32, died May 14, 2003; John K. that the Selective Service be reengi- line: Advocates See Veterans of War on Klinesmith, Jr., died June 12, 2003; Mi- neered to cover all Americans, men Terror Joining the Ranks of the Home- chael Crockett, age 27, died July 24, and, for the first time, women, ages 18 less. 2003; Nathaniel Hart, Jr., age 29, died to 34. ‘‘Advocates for the homeless already July 28, 2003; Bobby Franklin, age 38, I ask the question, what are we set- are seeing veterans from the war on died August 20, 2003; Benjamin Free- ting ourselves up for? What exactly are terror living on the street and say the man, age 19, died October 13, 2003; Jerry we doing? government must do more to ease their Wilson, age 45, died November 23, 2003; The Washington Post ran an article, transition from military to civilian Marshall Edgerton, age 27, died Decem- and it told us that the Army was going life. ber 11, 2003; Christopher Holland, age to issue combat badges for soldiers not ‘‘Veteran affairs officials estimate 26, died December 17, 2003; Nathaniel in the infantry. The opening paragraph that about 250,000 veterans are home- Johnson, age 22, died January 8, 2004; states: Any Army soldier who has seen less on any given night, and another Ricky Crockett, age 38, died January active combat while in Iraq or Afghani- 250,000 experience homelessness at 12, 2004; Thomas Thigpen, age 52, died stan may now receive a new Combat some point.’’ March 16, 2004; William R. Strange, age Action Badge, making tens of thou- How can it be that if we have a mil- 19, died April 2, 2004; Justin Johnson, sands of soldiers who are not in the in- lion people sleeping on the streets of age 22, died April 10, 2004; Antoine Holt, fantry ranks, including women, eligible America at night that a quarter of age 20, died April 10, 2004; Marvin for a combat award for the first time. them could be veterans? How do we Camposiles, age 25, died April 17, 2004; It recognizes that in the current reali- choose to spend our money? It is cer- Marquis Whitaker, age 20, died April 27, ties of the battlefield and insurgency tainly not to decrease the disparities 2004; Christopher Dickerson, age 33, any soldier can be subject to a combat that exist in this country, and it cer- died April 30, 2004. situation. tainly is not to get rid of those who are However, the story also recognizes homeless, and it certainly is not to b 1545 that more than halfway through fiscal take care of even the veterans, the vet- Juan Lopez, age 22, died June 21, 2004. year 2005 the Army is 15 percent behind erans of our current war on terror. Too Tyler Brown, age 26, died September 14, in its effort to enlist new soldiers. many of them are sleeping on the 2004. Foster Pinkston, age 47, died Sep- What is this administration’s posi- street. tember 16, 2004. Michael Scarborough, tion on women in combat? As for the war in Iraq, how did we get age 28, died October 30, 2004. Kelley The Mideast Stars and Stripes ran a into this? My colleagues can come Courtney, age 28, died October 30, 2004. story entitled, Marine Raid Breaks down and talk about the war. War is Dan Malcom, Junior, age 25, died No- Gender Barrier. just a word for many of us who do not vember 10, 2004. Jonathan Shields, 25, ‘‘Lance Corporal Erin Libby doesn’t experience it, who do not feel it, who died November 12, 2004. Jeffrey want to be treated the same as her do not understand it. But there is an Blanton, age 23, died December 12, 2004. male Marine Corps counterparts. But author by the name of James Bamford

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.086 H09PT1 H4338 CONGRESSIONAL RECORD — HOUSE June 9, 2005 who has done a lot of writing about the tablish U.S.-Israeli dominance. The stan last year were a sham, and the U.S. intelligence establishment. He has U.S. and Israel should ‘strike fatally, Army’s efforts to cover up the truth written a new book, and he was inter- not merely disarm, the centers of radi- have made it harder for them to deal viewed by a Kevin Zeese about the new calism in the regions of Damascus, with their loss more than a year after book. That book is entitled, A Pretext Baghdad, Tripoli, Tehran and Gaza.’ He their son was shot several times by his For War, and this is how Bamford ex- added that ’crisis were opportunities.’ ’’ fellow Army Rangers. plains how it came to be that we got This is Wurmser being quoted by Tillman’s mother and father said in involved in this war. This is what James Bamford. Bamford continues: interviews they believe the govern- Bamford says. ‘‘About the same time on January 30, ment and the military created a heroic James Bamford says of his book, 2001, President Bush held his first Na- tale about how their son died to foster ‘‘Pretext is the only book to take an tional Security Council meeting, and a patriotic response across the coun- in-depth look at the U.S. intelligence according to former Treasury Sec- try. They say the Army’s lies about community from before 9/11 to the war retary Paul O’Neill discussed only two what happened have made them sus- in Iraq. It describes how CIA Director topics, becoming closer to Israel’s picious and they are certain they will George Tenet, while succeeding in in- Ariel Sharon and locating targets to never get the full story. ‘‘Pat had high creasing the personnel strength of the attack in Iraq.’’ ideals about the country, that is why CIA’s clandestine service during the Bamford continues: ‘‘As Wurmser had he did what he did,’’ Mary Tillman said late 1990s, failed to change the culture, suggested following the 9/11 attacks, in her first lengthy interview since her direction and training from a Cold War the Bush administration immediately son’s death. ‘‘The military let him focus to a counterterrorism focus . . . began using the crisis as an oppor- down. The administration let him Thus, the CIA never even tried to pene- tunity to launch their long-planned down. It was a sign of disrespect. The trate al Qaeda during the years leading war against Iraq. fact that he was the ultimate team up to 9/11, believing it too difficult, too ‘‘At 2:40 p.m. on September 11, as the player and he watched his own men kill dangerous or not their job, depending Pentagon was still burning,’’ and this him is absolutely heartbreaking and on which agency official I inter- is Bamford continuing, ‘‘Secretary of tragic. The fact that they too lied viewed.’’ This is James Bamford speak- Defense Rumsfeld dictated notes of his about it afterwards is disgusting.’’ ing. intention to blame Saddam Hussein Pat Tillman’s father says, ‘‘Maybe He continues to say, ‘‘Pretext also even though there was no evidence of lying is not a big deal any more. Pat is takes the only minute-by-minute look, such link and all of the intelligence dead, and this is not going to bring him about one-third of the book, at the con- pointed exclusively to bin Laden and al back. But these guys should have been fusion and chaos taking place among Qaeda. ‘Hit S.H. at same time.’ ’’ That held up to scrutiny right up the chain senior officials in Washington and else- is Rumsfeld. ‘‘ ‘Sweep him up whether of command, and no one has. ‘‘If this is what happens when somewhere in the hours following the 9/11 related to 9/11 or not.’ ’’ Bamford con- one high profile dies, I can only imag- attack. It examines everything from tinues: ‘‘Next Wurmser was put in ine what happens with everyone else.’’ charge of a secret unit in Feith’s office the secret locations to which the Vice These are quotes from the Washington with a cover name Policy Counterter- President and other officials dis- Post from Pat Tillman’s parents. appeared, to the evacuation of the in- rorism Evaluation Group. Its function And then there is the matter of the telligence agencies, to the highly se- was to gather and feed less than cred- money, the money, the cost of this cret continuance of government proce- ible intelligence, intelligence dis- war. The cost of these priorities is at dures that were activated, many for counted by the CIA such as the sup- the expense of America’s neighbor- the very first time. posed Niger uranium deal to the White hoods. Where is the money? ‘‘Next, Pretext describes how the House and Vice President CHENEY’s of- The Washington Post again tells us claims involving Iraq’s weapons of fice. Wurmser is now Cheney’s top Mid- that an audit of Iraq’s spending spurs mass destruction, the connections be- dle East adviser.’’ criminal probe. Now the Department of tween Saddam Hussein and al Qaeda Bamford continues: ‘‘Finally, Pretext Defense has admitted that they cannot and Hussein’s involvement with 9/11 closely examines the numerous lies and track $2.3 trillion, and we know that were simply used as pretexts for a war deceptions presented to the Congress, $100 million has been lost here and $9 long planned by a small group of the American people, and the world in million has been lost there, an esti- neoconservatives supportive of the order to justify the war in Iraq.’’ mate of $1 billion being lost every Israeli government’s policies and the Bamford says: ‘‘Finally, Pretext month. This Washington Post article expansion of U.S. military power closely examines the numerous lies and says investigators have opened a crimi- throughout the Middle East. It exam- deceptions presented to the Congress, nal inquiry into millions of dollars ines how top Bush administration offi- the American public, and the world in missing in Iraq after auditors uncov- cials, Richard Perle, Douglas Feith and order to justify the war in Iraq.’’ ered indications of fraud and nearly David Wurmser first drafted a plan out- One last note: he also tells us that $100 million in reconstruction spending lining an attack on Iraq and removal of there is another problem and that is of that could not be properly accounted Saddam Hussein in 1996. the CIA’s new license to kill anytime for. and anywhere, overseas without over- b 1600 But the leadership in this adminis- sight. He says they are now using mis- tration has told us that we can expect ‘‘But the document titled ‘A Clean sile-armed drones to do assassinations war for the next generation. And, in- Break’ was drafted for Israel not the in Pakistan, Yemen, Afghanistan, and deed, it appears that preparations are United States.’’ This is James Bamford other places in total secrecy, often being made for such a war, for such an speaking: ‘‘At the time the three were without notice even to the host coun- endeavor. Military expansionism, di- acting as advisers to newly elected tries; and these problems just scratch rectly against what Dwight Eisenhower Prime Minister Binyamin Netanyahu. the surface in the intelligence commu- warned us about. ‘Israel can shape its strategic environ- nity. James Bamford, author, inves- We have been told that Bush and ment. This effort can focus on remov- tigative journalist, reporter, telling us Karzai signed a pact for long-term U.S. ing Saddam Hussein from power in the truth about how we came to be in military presence in Afghanistan. They Iraq, an important Israeli strategic ob- Iraq. called it a strategic partnership. The jective.’ Not satisfied with regime I would invoke another name, the Guardian tells us that the U.S. mili- change in Iraq, they went on to rec- name is Pat Tillman. Pat Tillman’s tary is going to build four giant new ommend that Israel shape its strategic family questions the reversal on the bases in Iraq. environment by rolling back Syria.’’ cause of the Ranger’s death. The Wash- These U.S. bases pave the way for Bamford continues: ‘‘ Wurmser then ington Post tells us that former NFL long-term intervention in Central Asia. authored a paper in January 2001 argu- player Pat Tillman’s family is lashing The U.S. Government, we are told, has ing that the U.S. and Israel jointly out against the Army saying that the acquired basing or transit rights for launch a preemptive war throughout military’s investigations into Till- passage of war planes and military sup- the Middle East and North Africa to es- man’s friendly-fire death in Afghani- plies from nearly two dozen countries

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.088 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4339 in Central Asia, the Middle East and in scope. It is the only one in which the ing out of war, and so the war depart- their periphery, a projection of Amer- profits are reckoned in dollars and the ment suddenly decides it has a wonder- ican power into the center of the Eur- losses in lives. ful plan to spring to limit the profits in asian land mass that has no historical ‘‘A racket is best described, I believe, wartime. precedent. All told, there are about as something that is not what it seems Then he asks the question, but what 350,000 troops deployed worldwide. Ac- to the majority of the people. Only a about a limitation on losses? As far, he cording to 2002 Pentagon documents, small ‘inside’ group knows what it is writes, as I have been able to ascertain, there were only 46 countries in the en- about. It is conducted for the benefit of there is nothing in the scheme to limit tire world that had no U.S. military the very few, at the expense of the very a soldier to the loss of but one eye, or presence. Only 46 countries in the en- many. Out of war a few people make one arm, or to limit his wounds to one tire world. huge fortunes. or two or three. Or to limit the loss of Mr. Speaker, I would like to draw to ‘‘In the World War,’’ and he is talk- life. Of course, the committee cannot your attention tonight as I begin to ing about World War I because this was be bothered with such trifling matters. wind down, H.R. 2723, which was intro- written a long time ago, ‘‘a mere hand- And then in chapter three, he asks, duced recently by my esteemed col- ful garnered the profits of the conflict. Who pays the bills? He says that the league from New York to provide for At least 21,000 new millionaires and bil- soldier pays the biggest part of the bill. the common defense by requiring that lionaires were made in the United In chapter four he says, How do we all young persons in the United States, States during the First World War. smash this racket? He says a few profit including women, perform a period of That many admitted their huge blood and the many pay. But there is a way military service or a period of civilian gains in their income tax returns. How to stop it. It can be smashed effectively service in furtherance of the national many other war millionaires falsified only by taking the profit out of war. defense and homeland security, and for their tax returns no one knows. How And then he goes on to describe how other purposes. many of these war millionaires shoul- that could be done. H.R. 2723 establishes civilian service, dered a rifle? How many of them dug a He says, let the workers in the military service, a requirement. It sets trench? How many of them knew what plants, let the CEOs of the corpora- out the length of time of that service, it meant to go hungry in a rat-infested tions, let the Members of Congress who conditions for termination of that serv- dugout? How many of them spent appropriate the money all get the same ice, types of civilian service, imple- sleepless, frightened nights, ducking wages, all, even the generals and admi- mentation standards by the President, shells and shrapnel and machine gun rals. Let them get the same wages as compensation and benefits for people bullets? How many of them parried a the total monthly income of a soldier age 18 to 26. It establishes deferments bayonet thrust of an enemy? How in the trenches. He says, when you can and postponements for high school stu- many of them were wounded or killed let the kings and the tycoons and the dents, those experiencing certain hardin battle? masters of business earn what the sol- ships and disability, establishes induc- ‘‘Out of war nations acquire addi- diers earn, then maybe we will not tion exceptions, for example, for people tional territory, if they are victorious. have war. Maybe we can take the profit who do not have proper training. It es- They just take it. This newly acquired out of war and maybe we can put an tablishes conscientious objection and territory promptly is exploited by the end to the racket. alternative noncombatant or civilian few, the selfsame few who wrung dol- In chapter five, Smedley Butler tells service, discharge, and includes women. lars out of blood in the war. The gen- us, I do not use these words, but he So I thought I would go to the Selec- eral public shoulders the bill. says, To hell with war. tive Service Web site and it tells us ‘‘And what is this bill? I wanted to use some of my time, and that Selective Service is also capable ‘‘This bill renders a horrible account- I do not have much left, to talk about, of providing inductees with special ing. Newly placed gravestones. Man- maybe to introduce what I will talk skills such as health care personnel gled bodies. Shattered minds. Broken about next month, and that is the de- after authorizing legislation is passed hearts and homes. Economic insta- pravities of war and how we can be- by Congress and a draft is ordered by bility. Depression and all its attendant come inhuman and inhumane. It does the President. miseries. Backbreaking taxation for not take war, but it certainly seems to generations and generations. be exacerbated by war. 1615 b ‘‘For a great many years, as a sol- I have a situation in my district The agency would also administer an dier, I had a suspicion that war was a where young black men already sub- alternative service program for men racket; not until I retired to civil life dued, confined, in jail, tasered to classified as conscientious objectors did I fully realize it. Now that I see the death, how many black men, unarmed who are required to perform such serv- international war clouds gathering, as black men have been murdered on the ice in lieu of serving in the military. they are today, I must face it and streets of our country? The depravities The question I asked is, how did we get speak out.’’ of war. Who are we? What are we be- here and where are we going? These are the words of Smedley Dar- coming? Why is this? I was told that I I would just like to conclude with the lington Butler in his book, War is a have to maintain decorum in this words, and I do not think I will have Racket. place. I think we as a people, we as a enough time to read the entire docu- He goes on, in chapter two, to discuss country, we as a Nation need to ask ment, but all of this information that I who makes the profits. He goes ourselves, what are we doing in Iraq? have recounted today is available on through all of the war industries. He What are we doing around the world? the Internet. It is in the public domain. talks about the powder people, the What are we allowing the leadership of It is available in newspapers, domestic steel companies, Anaconda, copper this country to do in our name? And and international. It is just a matter of companies, a little increase in profits when will we stop it? being able to put it all together and of approximately 200 percent. f reading, reading and understanding. Does war pay? It paid them. But they Smedley Darlington Butler, who was aren’t the only ones, he writes. There BILL GOETZ a major general in the United States are still others. Leather, nickel, sugar. (Mr. DAVIS of Kentucky asked and Marine Corps, wrote a little tome enti- Chicago packers. The bankers. He goes was given permission to address the tled, War is a Racket. I would like to through airplane and engine manufac- House for 1 minute.) submit the entire document into the turers. Shipbuilders. Mr. DAVIS of Kentucky. Mr. Speak- RECORD and I will read as much of it as He says that the Senate committee er, I rise today in honor of William H. I think I can. At least I will read the probe of the munitions industry and its Goetz, who, after 46 years of service to first opening paragraphs. wartime profits, despite its sensational the City of Fort Mitchell, Kentucky, ‘‘War is a racket. It always has been. disclosures, hardly has scratched the has announced his retirement from ‘‘It is possibly the oldest, easily the surface. Even so, it had some effect. public service. most profitable, surely the most vi- The State Department has been study- Bill Goetz’ career began in 1964 when cious. It is the only one international ing ‘‘for some time’’ methods of keep- he began serving on the City Council of

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.090 H09PT1 H4340 CONGRESSIONAL RECORD — HOUSE June 9, 2005 South Fort Mitchell until that city In conversations just today with Dr. adopted about 5 days later by the G–8, merged with Fort Mitchell in 1967. He Lowell Wood from Lawrence Livermore which the Members may remember continued to serve as a council member Laboratory, I learned more of the de- ended the Kosovo conflict. for a combined total of 18 years, until tails of the results of that test. They One of the members of the Russian 1981 when he was elected mayor. had not anticipated the magnitude of Duma was Vladimir Lukin, who was William Goetz was mayor of Fort the effects at the ground under the well known to this country because he Mitchell from 1982 until April of 1993 blast; so many of their instruments was the ambassador here at the end of when he was appointed city adminis- simply pegged and they were not able Bush I and the beginning of the Clinton trator and held that position for 12 to get a clear indication of the effects. administration. At that time he was a years, until announcing his recent re- I might note that the Soviets had ex- very senior member of the Russian tirement. tensive testing experience with EMP Duma. He was very angry and sat for 2 Mr. Goetz has also served the city over their own territory. They had a days in that hotel room with his arms throughout his career as a member and much larger territory than we and crossed looking at the ceiling. We had an officer of numerous local and State some of it quite remote; so they were not early asked the Russians for help organizations, including serving as able to instrument more extensively and they felt offended about that, and president of the Municipal Government and had a lot more experience than we the statement he made expressing that League of Northern Kentucky, presi- have had. This was our first and only sentiment was that ‘‘you spit on us. dent of the Northern Kentucky Area experience with a superatmospheric Now why should we help you?’’ And Planning Commission, chairman of the detonation of a nuclear weapon. then he made a statement that stunned board of the Kentucky Municipal Risk The effects over Hawaii, which was us. The leader of that delegation was Management Association, and presi- about 800 miles away, included several the gentleman from Pennsylvania (Mr. dent of the Kentucky League of Cities, totally unexpected things; so there was WELDON), who speaks and understands a great record of public service. no instrumentation on Hawaii to some Russian. And when Vladimir Mr. Goetz has shown a devotion to record the effects. Lukin was speaking, he turned to me employee relations and spearheaded ef- So all they can divine from the ef- and he said, ‘‘Did you hear what he forts to improve employee benefits, fects is what happened. Some street said?’’ which in turn allows the city to retain lights went out, and analysis after the Of course I heard what he said, but I its seasoned employees, a great work- fact indicated that these were the did not understand it because I do not force with a long history of good serv- street lights that were oriented so that understand Russian. ice. there was a very long line effect. In But then it was translated, and this A devoted family man, Bill Goetz other words, the wires feeding the is what he said: ‘‘If we really wanted to spends much of his free time with a street lights constituted a very long hurt you with no fear of retaliation, we large, extended family cheering on the antenna which received the signals would launch an SLBM,’’ which if it Cincinnati Reds and the Cincinnati from the detonation in space such that was launched in a submarine at sea, we Bengals football team. there was arcing and some of the street really would not know for certain The retirement of William Goetz lights went out. This was investigated, where it came from. ‘‘We would launch after over four and a half decades of and some of the failures were retained an SLBM, we would detonate a nuclear public service will result in his being and were shown to a commission that I weapon high above your country, and greatly missed by elected officials, em- will talk about in a few minutes, Mr. we would shut down your power grid ployees, residents, longtime associates Speaker, that spent 2 years studying and your communications for 6 months and friends of the city. He is a consum- these effects and the risk to our mili- or so.’’ mate professional who has always been tary and to our country. The third-ranking communist was a pleasure to work with, held a wealth There were other effects in commu- there in the country. His name is Alex- of knowledge, demonstrated a will to nications and so forth. As I said, none ander Shurbanov, and he smiled and help others and a will to continually of this was expected; so there was no said, ‘‘And if one weapon would not do serve the community. I am sure that instrumentation. We have since tried it, we have some spares.’’ I think the that will continue long into the future. to determine the effects of what is number of those spares now is some- Thank you, Bill, for your service. called electromagnetic pulse produced thing like 6,000 weapons. f by a nuclear detonation. We have done This likely consequence of a high-al- b 1630 that with laboratory devices, some of titude nuclear burst was corroborated them quite large that could expose a by Dr. Lowell Wood, who in a field NUCLEAR ELECTROMAGNETIC whole airplane, but none of them obvi- hearing at the Johns Hopkins Univer- PULSE ously large enough to include miles sity applied physics laboratory, made The SPEAKER pro tempore (Mr. and miles of long-line effect. the observation that a burst like this MACK). Under the Speaker’s announced The EMP pulse at that distance was above our atmosphere creating this policy of January 4, 2005, the gen- estimated to be about five kilovolts per electromagnetic pulse would be like a tleman from Maryland (Mr. BARTLETT) meter. We will have occasion in a little giant continental time machine turn- is recognized for 60 minutes. bit to talk about that in light of ing us back to the technology of 100 Mr. BARTLETT of Maryland. Mr. present capabilities. Because there was years ago. It is very obvious that the Speaker, the subject that I want to intense activity above the atmosphere, population of today in its distribution spend a few moments talking about the Van Allen belts were pumped up; so could not be supported by the tech- this afternoon really began for our there were a number of low Earth orbit nology of 100 years ago. And I asked Dr. country in 1962. We were still testing satellites that decayed very rapidly as Wood, I said, ‘‘Dr. Wood, clearly the nuclear weapons then, and for the first they passed through the Van Allen technology of 100 years ago could not time the United States tested a weapon belts. support our present population in its above the atmosphere. This weapon Mr. Speaker, I want to kind of put distribution,’’ and his unemotional re- was detonated over Johnston Island in what we are going to say in context. So sponse was, ‘‘Yes, I know. The popu- the Pacific. This was a part of a series I want to indicate here some of the se- lation will shrink until it can be sup- of tests called the Fishbowl Series, and riousness of EMP and its implications. ported by the technology.’’ this was Operation Starfish in 1962. We In 1999, I sat in a hotel room in Vienna, Just a word, Mr. Speaker, about what had no prior experience with the deto- Austria. I was there with 10 other this EMP is. It is very much like a nation of a weapon above the atmos- Members of Congress and several staff really giant solar storm. All of us are phere. We prepared for this test with members. We had there three members familiar with solar storms and with the airplanes and ships using radar and of the Russian Duma and a representa- disruption to our communication sys- theodelites and instrumentation to tive of Slobodan Milosevic. This was tems. And this is like a really giant measure the effects on the ground from just prior to the resolution of the solar storm. It is kind of like really in- a blast that was some 400 kilometers in Kosovo conflict. We developed with tense static electricity everywhere all altitude. them a framework agreement that was at once, all over the whole country. It

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.092 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4341 is sort of like a lightning strike that is said that they believed that to be sev- tronic assaults, then they will disinte- not just isolated to one spot. Different eral times higher than the hardening grate within a few years. 150,000 com- than a lightning strike in terms of the that we had provided for our military puters belong to the U.S. Army. If the intensities and so forth and the spec- platforms that they could resist EMP. enemy forces succeed in infiltrating trum, but it would be everywhere all at Others know about EMP. I did not the information network of the U.S. once over a very large area. want anybody to believe that we were Army, then the whole organization I have here in front of me the report, letting the genie out of the bottle and would collapse, the American soldiers and I will have occasion to refer to others did not know about that. I men- could not find food to eat, nor would that again a little later, the report of tioned earlier the statement by Vladi- they be able to fire a single shot.’’ the Commission to Assess the Threat mir Lukin, the Russian member of I kind of think they would be able to to the United States from Electro- their Duma, and this is the statement find food to eat. This is from an Ira- magnetic Pulse (EMP) Attack. This is that I referred to here, and that was in nian journal, so you know they know the executive summary. The report May 2, 1999: ‘‘Chinese military writings about this and they are thinking about itself is very thick and there is a big described EMP as the key to victory this. classified addendum to the big report. and described scenarios where EMP is ‘‘Terrorist information warfare in- And I just want to turn to one page used against U.S. aircraft carriers in cludes using the technology of directed here, and this is page 4, and it says: the conflict over Taiwan.’’ So it is not energy weapons, magnetic pulse.’’ I re- ‘‘What is significant about an EMP at- like our potential enemies do not know ferred to that earlier. tack is that one or a few high-altitude that this exists. The Soviets had very Iran has conducted tests with its nuclear detonations can produce EMP wide experience with this, and there is Shahab-3 missile that have been de- effects that can potentially disrupt or a lot of information in the public do- scribed as failures by the Western damage electronic and electrical sys- main relative to this. media because the missiles did not tems over much of the United States ‘‘A survey of worldwide military and complete their ballistic trajectories, virtually simultaneously at a time de- scientific literature sponsored by the but were deliberately exploded at high termined by an adversary.’’ commission,’’ that is the commission altitude. This, of course, would be ex- I talked a little bit about what EMP that wrote this report, ‘‘found wide- actly what you would want to do if you is. It produces a large number of Comp- spread knowledge about EMP and its were going to use an EMP weapon. ton electrons above our atmosphere potential military utility including in Today we are very much concerned, which are trapped by the magnetic Taiwan, Israel, Egypt, India, Pakistan, Mr. Speaker, about asymmetric weap- fields around the Earth. They move at Iran, and North Korea. ons. We are a big, powerful country. the speed of light. The prompt effects Nobody can contend with us shoulder- b 1645 are such that if the voltage is high to-shoulder, face-to-face. So all of our enough, all electronic equipment with- Terrorist information warfare in- potential adversaries are looking for in line of sight is damaged or de- cludes using the technology of directed what we refer to as asymmetric weap- stroyed. These are called prompt ef- energy weapons. These are little weapons. That is a weapon that overcomes fects. And, of course, satellites are very ons that produce an EMP-like effect, our superior capabilities. There is no soft because it costs about $10,000 a but over a very much more restricted asymmetric weapon that has anywhere pound to launch a satellite; so they do area, and also electromagnetic pulse near the potential of EMP. not launch a lot of hardening on the produced from nuclear weapons. Iran described these tests as success- satellite if they do not need to. By the way, an enemy no more so- ful. We said they were a failure because So all of the satellites within line of phisticated than Saddam Hussein they blew up in flight. They described sight would be taken out by prompt ef- would need no more than a tramp them as successful. Of course, they fects. It would not go so high, by the steamer, a Scud missile and a crude nu- would be, if Iran’s intent was prac- way, as the satellites that are 22,500 clear weapon like is probably available ticing for an EMP attack. miles above the Earth. And it would in North Korea or might be bought or Iran’s Shahab-3 is a medium-range pump up the Van Allen belts so that stolen from some Russian source. That mobile missile that could be driven on satellites that were not in line of sight would not shut down the whole United to a freighter and transported to a would die very quickly and one could States, because the Scud missile could point near the United States for an not reconstitute the satellite network not carry it high enough, but it would EMP attack. I might state that an by launching new ones because they certainly shut down the whole North- early use of EMP is a common occur- also would die quickly. east. rence in Russia and Chinese war games. Let me show a chart here that shows By the way, this is not like the I just would like to spend a moment the effects of this bomb exploding over Northeast blackout that we had a cou- or two talking about kind of the his- the United States, and this shows a sin- ple of years ago. This would produce tory of how we got here and why the gle weapon. This shows a single weapon damage that you would not recover big concern about EMP and the risk detonated at the northwest corner of from simply by turning a switch. It that it poses to us. I mentioned Oper- Iowa, and it shows it at about 600 kilo- would probably destroy large trans- ation Starfish in 1962. meters high, and this would blanket all formers. These very large transformers Then we really had a scary event of the United States. And the concen- are made to order, and if you need one, which we did not know about for quite tric circles here, not true circles be- they will build you one, not in this some time that happened in 1995 when cause there is a little distortion of the country, we do not build the big ones there was a Norwegian weather rocket electrical fields by the magnetic waves anymore, they will build you one over that was set off. The Norwegians had around the Earth, but these represent in Europe or Scandinavia, and it will told the Russians that they were going the intensity of the field that is pro- take maybe a year-and-a-half to 2 to fire this weapon, but that did not duced by this. At the center we can see years to get it. So it is not like you are get to the proper level. When the weap- it is 100 percent. But even out at the going to recover from this tomorrow. on was fired, it was interpreted by the margins of our country, it is down to 50 Iran has tested launching of a Scud Russians as a potential first strike of percent. missile from a surface vessel, a launch the United States against them and Now, a little later I will show a state- mode that could support a national or they had alerted their nuclear missile ment from some Russian generals that transnational EMP attack against the response. They came very close to were reviewed by the people who put United States. launching that, and we did not know together this report, and they said that We have a second chart which shows about that until some time after. the Russians had developed weapons more of the evidence that potential en- In 1997 I had a very interesting expe- that produced 200 kilovolts per meter. emies out there know that this is a po- rience. I am on the Committee on Remember, the effects in Hawaii were tential weapon. Armed Services. This was during the judged to be the result of five kilovolts ‘‘If the world’s industrial countries Clinton administration, and he had set per meter. So this is a force about 200 fail to devise effective ways to defend up a Commission on Critical Infra- times higher. The Russian generals themselves against dangerous elec- structure. General Marsh, retired, was

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.094 H09PT1 H4342 CONGRESSIONAL RECORD — HOUSE June 9, 2005 chairing that Commission on Critical United States today, was a director of really means is that a really robust Infrastructure. This was infrastructure the Lawrence Livermore National Lab- EMP laydown, which, as Vladimir that was so critical that if an enemy oratory, and for decades has been a Lukin in that hotel room in Vienna, could take it out, we would be very close adviser to the Department of De- Austria said, would shut down our much disadvantaged by it. I asked him fense on nuclear matters. power grid and communications for 6 about EMP, had they looked at that? Dr. Lowell Wood is a member of the months or so. And if one weapon would His answer was, yes, they looked at director’s staff at Lawrence Livermore not do it, as Alexander Shaponov said, it. National Laboratory where he inher- four absolutely would do it, particu- Well? ited the scientific mantel of Dr. Ed- larly with the power of the weapons He said, well, we did not think there ward Teller, the inventor of the hydro- that the Russian generals say that was a high probability that would hap- gen bomb. they have developed. pen, so we did not continue to look at I had a very interesting personal ex- What this would do is to produce a it anymore. perience related to Dr. Lowell Wood. society in which the only person you I told him, gee, with that attitude, if When I became interested a number of could talk to was the person next to you have not already, I am sure when years ago in EMP and the potential im- you, unless you happened to be a ham you go home tonight you are going to plications, I knew that Tom Clancy, operator with a vacuum tube set, cancel the fire insurance on your home. who lives in Maryland and he has come which, by the way, is 1 million times What one needs when there is the po- to do several events for me, I knew less susceptible to EMP than your tential for a very high-impact, low- that he had a novel in which EMP was present equipment that the hams use. probability event, is what we call in- one of the sequences in his novel. I And the only way you could get any- surance. I think that every American know that Tom Clancy does very good where was to walk, because, you see, if citizen has the right to ask their gov- research. So I called to ask him about the pulse is intense enough, it turns off ernment, have you made the proper in- EMP and its implications. all the computers in your car. There surance investment to protect me, to He said that if I had read his book, I will be no electricity, so even if the car protect my country, in the event, probably knew as much about EMP as ran, you could not get gas. which we hope is not a high prob- he knew, but he was going to refer me By the way, if you have a car that ability, in the event that there is an to what he said was in his view was the still has a coil and distributor, you are EMP attack against our country? smartest person hired by the U.S. Gov- probably okay, because those are pret- Your home burning, by the way, is ernment, and that was Dr. Lowell ty robust structures compared to to- not a high probability event. You may Wood. So Dr. Lowell Wood comes with day’s cars with so much microelec- have a $300,000 home and it may cost great recommendations. tronics in them. you $300 for fire insurance for the year. Commissioner Richard Lawson was a It would disrupt our military forces So you can do the simple arithmetic USAF general, served on the Joint and our ability to project military that tells you the insurance company Chiefs of Staff and was Deputy Com- power. For the last decade, Mr. Speak- does not expect very many homes to mander-in-Chief of the U.S.-European er, we have been waiving hardening on burn that year. Command. essentially all of our military plat- Then the next event in this little Dr. Joan Woodard, I had a very inter- forms because it costs maybe as little timeline was my trip to Vienna, Aus- esting experience with Dr. Woodard. I as 1 percent, maybe like 5 percent more tria, when I met there in that hotel was visiting my son and daughter and to harden. It can be done. That is the room with Members of the Russian children out in Albuquerque, he works good news story. If you do not harden, Duma. In 2001 we had some tests at Ab- at the Sandia Labs, and he brought you can get 5 percent more weapons erdeen with a device that was made home a little note talking about a sem- systems. And since we have had so lit- using only the equipment that a ter- inar they were having which was ex- tle money during those years, the Pen- rorist might buy from Radio Shack or ploring some issues that I thought tagon opted to run this risk. With ter- a place like that to see if you could put would be relevant to the work that the rorists about, I think that is probably together a directed energy weapon, a Commission was doing. I did not know a risk we do not want to continue to weapon, by the way, that if sophisti- at that time that she was a member of run. cated enough one might drive down the Commission. The number of U.S. adversaries capa- Wall Street and take out all the com- So I asked for a briefing, and I spent ble of EMP attack is greater than dur- puters in the financial market. It 5 hours in a classified briefing at ing the Cold War. We may look back would not go further than that, but if Sandia Labs. And it was not just Dr. with some fondness on the Cold War. it did that, that would, of course, be an Joan Woodard, it was a large number of We then had only one potential adver- enormous blow. people at the labs there that were fo- sary. We knew him quite well. In 2001, the Commission was set up cusing primarily on the national infra- 1700 and then in 2004, last year, we have the structure consequences of this. b report of the Commission. What I would like to do now is go Now we have who knows how many I just would like to show you a chart through some of the statements and potential adversaries, and they come now of the commissioners. We will not recommendations of the report. The from very different cultures than we, have time to talk about the capabili- next chart shows the threat and the na- and we have a great deal of difficulty ties of all of these commissioners, but ture and magnitude of EMP threats in understanding them and commu- I will assure you that these are all gi- within the next 15 years. nicating with them. ants in their area. They were appointed On the right you see the coverage Potential adversaries are aware of from among the foremost scientists, that is produced by weapons detonated the EMP’s strategic attack option. I experts and military officers in the at various altitudes. I mentioned 600 started, Mr. Speaker, with talking United States to achieve a mix of tal- kilometers. Actually 500 kilometers about the fact that I was not letting ent on scientific aspects of EMP, nu- pretty much covers the margins of our the genie out of the bottle. Ninety-nine clear weapon design, military implica- country and, of course, the lower the percent of Americans may not know tions of EMP and the effects of EMP on altitude you detonate it, the less area very much about EMP, but I will as- civilian and military infrastructures. that it covers, but the higher will be sure you, Mr. Speaker, that 100 percent Dr. William Graham, the Commission the intensity of the pulse that is proof our potential enemies know all chairman, was science advisor to Presi- duced. about EMP. I think that the American dent Reagan. He ran NASA and was one This is a direct quote from the EMP people need to know about EMP be- of the first scientists to study the EMP Commission report: ‘‘EMP is one of a cause they need to demand that their phenomenon when it was first discov- small number of threats that may hold government do the prudent thing so ered by its United States in 1962. at risk the continued existence of to- that we will be less and less suscep- Commissioner John Foster, Johnny day’s U.S. civil society.’’ tible, less and less at risk to an EMP Foster, who designed most of the nu- Now, that is couched in the careful attack year by year. The threat is not clear weapons in the inventory the kind of scientific terms, but what that adequately addressed in U.S. national

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.096 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4343 and homeland security programs. Not most of our weapons systems now pro- gional or national infrastructures that only is it not adequately addressed; it cured are not hardened. are vital to U.S. military strength and is usually ignored, not even mentioned, Russian, Chinese, and Pakistani sci- societal survival, challenge the integ- and it certainly needs to be considered. entists are working in North Korea and rity of allied regional coalitions, and I might note that Senator John Kyl, could enable that country to develop pose an asymmetrical threat more dan- with whom I served in the House on the an EMP weapon in the near future. gerous to the high-tech West than to Committee on Armed Services, wrote Now, this is not what the commission rogue states. This makes the point just a couple of weeks ago a very nice said; this is what the commission re- that I was making that because we are editorial in the Washington Post, and ported the Russian generals to have the most sophisticated, we are the we will have his quote a little later, on said. most vulnerable. EMP effects and how we need to be The next chart shows additional com- Technically and operationally, EMP about preparing ourselves for that. ments from the EMP Commission re- attacks can compensate for defi- Terrorists could steal, purchase, or port. States or terrorists may well cal- ciencies in missile accuracy, fusing be provided a nuclear weapon and per- culate that using a nuclear weapon for range, reentry, velocity design, target form an EMP attack against the EMP attack offers the greatest utility. location, intelligence, and missile de- United States simply by launching a Mr. Speaker, there is no way that a fense penetration. We are really supe- primitive Scud missile off a freighter country could use a nuclear weapon rior in all of these areas, and none of near our shores. We do not need to be against the United States that would our enemies out there, except for Rus- thinking about missiles coming over be as devastating as using it to produce sia and China, and we would not expect the Pole. There are thousands of ships an EMP lay-down. I had not noted, but an attack like this from either of out there, particularly in the North At- I should note, Mr. Speaker, that there them, but there is nobody else out lantic shipping lanes, and any one of is no effect on you or me from this there who really can be very good shots them could have a Scud missile on weapon. We are quite immune to that. with their missiles. board. If you put a canvas over it, we We will not be damaged by that. Build- But what the EMP Commission re- cannot see through the thinnest can- ings will not be damaged by that. It port is pointing out is, they do not vas. We would not know whether it was will affect only electric and electronic need to be. Anywhere over the north- bailed hay or bananas or a Scud equipment. eastern United States will shut down EMP offers a bigger bang for the launcher. You cannot see through any all of the northeastern United States, buck. Now, this is from their report; I cover on ship. The Commission on the and anywhere near the middle of our am not saying this. EMP offers a big- Emerging Ballistic Missile Threat country, you can miss it by 100 miles ger bang for the buck against U.S. chaired by Secretary Rumsfeld before and it really will not matter. Anything military forces in a regional conflict or he was Secretary, and Dr. Bill Graham, near the middle of our country deto- a means of damaging the U.S. home- the chairman of this commission was nated high enough with the right kind land. EMP may be less provocative of his vice-chair, found that ships had of weapon will blanket the whole coun- U.S. massive retaliation compared to a been modified so that they had missile- nuclear attack on a U.S. city that in- try with an EMP force that could launching tubes in ordinary freighters. flicts many prompt calories. knock out all of our electronic equip- You can read that in their report. Just a couple of words about this. As ment. Scud missiles can be purchased on Vladimir Lukin said, if it were The next chart shows some other the world market today for less than launched from the ocean, we would not comments in the EMP report. One or a $100,000. Al Qaeda is estimated to own know who launched it. So against few high-altitude nuclear detonations about 80 freighters, so all they need, whom would we retaliate? Even if we can produce EMP simultaneously over Mr. Speaker, is $100,000, which I am knew who launched it, Mr. Speaker, if wide geographical areas. As the chart sure they can get, for the missile and a all they have done is to disable our we showed earlier, the whole country crude nuclear weapon. computers, do we respond in kind, or can be blanketed with one about 600 Certain types of low-yield nuclear do you incinerate their grandmothers kilometers high. weapons can generate potentially cata- and their babies? This would be a real- The thing they were really concerned strophic EMP effects. These certain ly tough call. Responding in kind about, because we have a very sophisti- types of weapons are weapons that might do very little good. There is no cated infrastructure with lots of inter- have been designed for enhanced EMP other country in the world that has dependencies, they were really con- effects. They may have little explosive anything like our sophistication in cerned about the cascading failure, un- effect, but very high EMP effects over electronic equipment, and no other precedented cascading failure of our wide geographic areas, and designs for country in the world is so dependent as electronics-based infrastructures, various such weapons may have been we are on our national infrastructure. which could result in power, energy, illicitly trafficked for a quarter of a So this is a real problem and a big in- transport, telecom, and financial sys- century. We are certain that the Chi- centive to use this weapon without fear tems and are particularly vulnerable nese have them. Of course the Russians of retaliation, as Vladimir Lukin says, and interdependent. And if one of them have them; they developed probably with no fear of retaliation. comes down, if you bring down the better or at least as good designs as we EMP could, compared to a nuclear power grid, Mr. Speaker, you have developed. We designed them, by the attack on the city, kill many more brought down all of these other parts way, but never built them. The Rus- Americans in the long run from indi- of our national infrastructure. EMP sians we understand have both de- rect effects of collapsed infrastructures disruption of these sectors could cause signed and built them, and we now be- of power, communications, transpor- large-scale infrastructure failures for lieve those designs to be pretty wide- tation, food, and water. Can you imag- all aspects of the Nation’s life. spread out around the world. ine our country, Mr. Speaker, with 285 Now, these are not my words; these The next chart shows the comments million people, no electricity, and are taken from the EMP Commission from the Russian generals, and to pro- there will be no electricity, no trans- report. This commission was set up as tect the Russian generals we have re- portation, no communication? The a part of public law, and that is noted dacted their names. But the commis- only way you can go anywhere is to here on this chart. Both civilian and sion met with Russian generals, and walk, and the only person you can talk military capabilities depend on these they claim that Russia has designed a to is the person next to you. What infrastructures. Without adequate pro- super-EMP nuclear weapon capable of would we do? How many of our people tection, recovery could be prolonged generating 200 kilovolts per meter. And might not survive the transition from months to years for recovery. And here the Russian generals told our commis- that situation to where you had estab- on the right is a little depiction show- sion people that they believe that to be lished a sort of infrastructure that ing some, and there are more than several times higher than the level could support civil society as we know that, showing some of the inter- two, which we had hardened our weap- it today. relationships. For instance, electric ons systems; even those that are hard- Strategically and politically, an power is not shown as important for ened and, as I mentioned, Mr. Speaker, EMP attack can threaten entire re- water or for banking and finance, and

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.098 H09PT1 H4344 CONGRESSIONAL RECORD — HOUSE June 9, 2005 for government services; and of course clear attack, today we are talking that attack more attractive to our as- it is. So if you do not have electric about an EMP attack, which does not sailants. The fact that we are ever power, for instance, you do not have blow up buildings, but it shuts down more sophisticated and therefore ever any of these other things. the infrastructure because it would de- more vulnerable makes it ever more There was a number of years ago a stroy, disrupt all of the electronic attractive to our adversaries, because scientist by the name of Harrison Scott equipment if the pulse was high this really becomes the ultimate asym- Brown. I think that he worked at enough; and a determined, sophisti- metric weapon. CalTech, and he offered a series of sem- cated enemy could make sure that it EMP threatens the ability of the inars called the ‘‘Next 100 Years.’’ This was high enough. United States and western nations to was during the Cold War. And one of So he was concerned that maybe it project influence and military power, the questions that it was appropriate would not be possible now without that because a third-world country with a to ask during the Cold War was, What high-quality, readily available resource crude missile and a crude nuclear would you do after the nuclear attack? of raw materials that might be very weapon could, in effect, hold us hos- You may remember, Mr. Speaker, your difficult without massive help from tage. This is why it is so important parents talking about the backyard other parts of the world that we could that we stop the spread of nuclear shelters that were built during the reconstitute our society. weapons. 1960s. Sometime after that I went to I think, Mr. Speaker, that we need to EMP can cause catastrophic damage work for IBM and they were still talk- be looking at that threat to our coun- to the Nation by destroying the elec- ing about the fact that IBM had loaned try today. I am sure it is no less a tric power infrastructure, causing cas- its employees money interest-free to threat now than it was when Harrison cading failures in the infrastructure for build a backyard shelter. There was a Scott Brown was holding those semi- everything: telecommunications, en- real concern that there could be a bolt nars. ergy, transportation, finance, food, and out of the blue and that we could have In 2004, the EMP Commission met water. a nuclear attack. We had a big civil de- with very senior Russian officers, and I live on a farm. I cannot even get a fense organization with lots of shelters. we showed that on the sign. They drink of water without electricity, be- They were stocked, and you were given warned that the knowledge and tech- cause the pump in my well that sup- pamphlets and you were told where to nology to develop what they called plies my water has to have electricity. go. super EMP weapons had been trans- So we are all really dependent on this I think, Mr. Speaker, that today, ferred to North Korea and that North infrastructure. with the potential for terrorist attack, Korea could probably develop these Degradation, and this is really mini- we need to turn back a few pages and weapons in the near future, within a mized, degradation of the infrastruc- learn from our experience during the few years. tures could have irreversible effects on Cold War when we recognized that the The Russian officers said that the the country’s ability to support its more prepared an individual and a fam- threat that would be posed to global se- population, and then millions could ily was to be self-sufficient during that curity by a North Korean armed with die. That is true. attack, the stronger we would be as a super EMP weapons was, in their view, In the final analysis, Mr. Speaker, whole; and I think that we could profit, and I am sure, Mr. Speaker, in your the EMP Commission report is really a at least have a more intense focus on view and mine, unacceptable. good news story. So far what we have civil defense in our homeland security You know, why use EMP, as we noted been talking about does not really efforts. in a previous chart? A terrorist or sound like good news, does it? It Harrison Scott Brown was concerned rogue state might be so inaccurate sounds like the worst of all news that about what you would do after you that they could not even use a nuclear you could get. But there really is good came out of the fallout shelter and how weapon to take out New York City. news here, and the good news is that you would reconstitute your society to They might hit the countryside some- we do not have to be this vulnerable. It reestablish the kind of an infrastruc- where near. But it would not really is really not all that expensive to pro- ture that you had before the attack. matter with that low accuracy if they tect our systems against EMP. You His concern was that in the United were doing an EMP laydown. Because just have to do it. States, and this was a number of years anywhere over New England would be But we have a problem, and that is ago, his concern would be even greater quite good enough, and there is no way the cheapest way to do it is when you were he alive today, his concern then that they could do as much damage to are making them, if you design it in. was that we had developed such a so- our country by a ground burst, even if Then it may cost as little as 1 percent phisticated, interrelated infrastruc- it hit the city, than if they could do a more. For really sophisticated elec- ture, that if it came down like a house high altitude burst, which produced tronic stuff, probably not more than 10 of cards, that it might be very difficult, EMP and took down, if it was intense percent more. But if you are trying to maybe, he thought, and I will explain enough, all of our infrastructure. add it after it is built, then it can cost in a moment why, maybe impossible to EMP has such a wide area of effect you as much as the device itself, which reestablish that infrastructure. Be- that if the weapon is large enough or means that we need to start, you can cause, he noted, that this infrastruc- several are used, covering potentially only do what you can do, and we need ture was built up gradually from very an entire continent, that even a highly simple to very complex, when there to start in our national infrastructure inaccurate missile could not miss its was available to us a rich resource of by deciding what is most essential to target in an EMP effect. EMP attack raw materials, high-quality iron ore. protect and then expeditiously pro- involves exoatmospheric detonation, That is all gone. Our best ores now, I tecting that as fast as we can. meaning that attack, this is really in- Every new water system we put in, think, are 1⁄2 of 1 percent taconite ores. teresting, Mr. Speaker, this attack every new sewage system we put in, b 1715 would occur before the weapon ever re- every new power line we run, every new When oil essentially oozed out of the entered the atmosphere. So even if we distribution system we put in needs to ground, when the water washed the dirt were really good at taking out weapons be hardened. It is not all that expen- away, you could see coal exposed in before they hit us, it really would not sive to do. You just need to do it. some of the hills of Pennsylvania. The matter, because this is detonated be- Now we have hardened in the mili- oil now is deep and hard to get or off- fore it starts to reenter. So any weapon tary our command and control. We are shore or in the Arctic. All the good that would take out a missile on its pretty sure that we can talk to each coal has been burned. Now, to get oil final descent would be useless, because other after an EMP laydown. But that and to get coal, we have to have the in- it has already detonated and the dam- does not give me much solace, Mr. frastructure. You have to have diesel age is done at altitude. Speaker, because that is the equivalent fuel shipped to you. You have to have Increased dependence on advanced of me having my brain and spinal cord large excavators. electronic systems results in the poten- work, but my arms and my hands will His concern was that if our infra- tial for an increased EMP vulner- not work. I am not sure just having the structure collapsed as a result of a nu- ability. And what this does is to make capability of my brain communicating

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.100 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4345 with my spinal cord does me much effects that would bring our highly spe- these things we will have reduced our good if my arms and my legs will not cialized and urbanized society to a dis- vulnerability and we will have now respond to those signals. orderly halt. taken from the enemy an enormous The EMP Commission has proposed a The vulnerability of the United strategic capability that they now 5-year plan that, if implemented, would States to EMP attack serves as the lat- have because we are such a sophisti- protect the United States from the cat- est revelation that societal protections cated society, depend so much on our astrophic consequences of EMP attack associated with our national security infrastructure, and if they can bring and make recovery possible at surpris- can no longer be assured by traditional down an infrastructure they can bring ingly modest cost. nuclear deterrence and battlefield us down. I would like now to turn to a state- preparations on their own. We have a mighty Army. It will not ment that was made by Dr. John Kyl. Let me put up now a conclusion be much good if the folks back home do I mentioned his name earlier. Last chart. The EMP threat is one of a few not have anything to eat. week, the Senate Judiciary Committee potentially catastrophic threats to the Mr. Speaker, to be forewarned is to Subcommittee on Terrorism, Tech- United States. By taking action, the be forearmed. I am sure Americans will nology and Homeland Security, which I EMP threat can be reduced to manage- respond to this challenge. And chal- chair, his words in his op-ed piece, held able levels, but we should have started lenges are really exhilarating. You feel a hearing on a major threat to the yesterday, Mr. Speaker. We just must really good at night if you have met a United States not only from terrorists start today. challenge and you have had some suc- but from rogue nations like North U.S. strategy to address the EMP cesses in meeting that challenge. Korea. threat should balance prevention, prep- Mr. Speaker, I think we have a bright An EMP attack is one of only a few aration, protection and recovery. We future ahead, and it is going to be even ways that America could be essentially need to be studying all four of these. brighter if we respond appropriately to defeated by our enemies, terrorists or Critical military capabilities must be the warnings that are here. otherwise. Few if any people would die survivable and endurable to underwrite f right away, but the long-term loss of U.S. strategy. If they can bring down electricity would essentially bring our our military, that really puts us at PROBLEMS WITH CAFTA society to a halt. Few can conceive of risk. The SPEAKER pro tempore (Mr. the possibility that terrorists could The 2006 Defense Authorization Bill MACK). Under the Speaker’s announced bring American society to its knees by contains a provision extending the policy of January 4, 2005, the gen- knocking out our power supply from EMP Commission to ensure that their tleman from Michigan (Mr. LEVIN) is several miles in the atmosphere. But recommendations will be implemented. recognized for 60 minutes as the des- this time we have been warned, and we We need to have them around to make ignee of the minority leader. better be prepared to respond. We real- sure that we are following through on Mr. LEVIN. The Dominican Republic- ly do need to respond. their recommendations. Terrorists are Central America Free Trade Agree- Here is another statement from looking for vulnerabilities to attack, ment presents an important crossroads Major Franz Gayl. and our civilian infrastructure is par- for trade policy. It involves issues The impact that EMP is asymmetric ticularly susceptible to this kind of at- broader than those, for example, relat- in relation to our adversaries, now tack. It needs to be hardened. ing to sugar or textiles; and indeed, as these are all in the public domain. I When you have a weak underbelly, President Bush said recently, it in- want to be very careful, Mr. Speaker, you are inviting attack there. They are volves issues beyond trade, including that I do not leave the impression that going to attack at the weakest link, ramifications for the future path of de- I am letting the genie out of the bottle. and our infrastructure complexity is mocracy. Ninety-nine percent of Americans may certainly our weakest link. The De- b 1730 not know about EMP, but I will guar- partment of Homeland Security needs antee you 100 percent of our adver- to identify critical infrastructures. It is an important test for saries know about EMP. And we need What do we need to protect first? globalization. What has been unfolding to know about EMP, because to be Then we need to have a plan for what in Latin America, including Central forewarned is to be forearmed, and we would we do if we had the EMP attack America, is that substantial portions need to do something about that. tomorrow, the day after tomorrow, the of the citizenry are not benefiting from The impact that EMP is asymmetric next year, 5 years from now. How far globalization. They have increasingly in relation to our adversaries, the less along would we be in protecting our- responded with votes at the ballot box developed societies in North Korea, selves? But we need to have a plan for or in the street. Doing so they have Iran and other potential EMP attack what we would do in the event that raised sharply an underlying issue and perpetrators are less electronically de- that happens. that is whether the terms of expanded pendent and less specialized, while The Department of Homeland Secu- trade need to be shaped to spread the more capable of continued rity also needs to develop a plan, I real- benefits or simply to assume the trade functionality in the absence of modern ly want to emphasize this, Mr. Speak- expansion by itself will adequately conveniences. er, to help citizens deal with such an work that out. I do not know that outside of attack should it occur. Each of us as It is for these reasons, not more nar- Pyongyang that many people in North individuals, each of us as families, each row interests, why the issue of core Korea would even know if electricity of us as a church group, each of us as labor standards in CAFTA is important went out. I am not sure they depend a community, needs to have plans for for Central America and for the United much on electricity. what we would do in the event of an States of America. The way it is han- Conversely, the United States would EMP attack. We need to know what we dled in CAFTA undermines the chance be subject to widespread paralysis and need to do to prepare so that we are that the benefits of expanded trade will doubtful recovery following a surprise not going to be a liability on the sys- be broadly shared. The goal of EMP attack. Therefore, terrorists and tem. Our strength as a Nation is going globalization must be to expand mar- their coincidentally allied state spon- to be greatly increased if each of us as kets and raise living standards, not sors may determine that, given just a a family, a church group, a commu- promote a race to the bottom. few nuclear weapons and delivery vehi- nity, is prepared so that we will be less An essential part of this leveling up cles, that subjecting the United States susceptible to the loss of these infra- is the ability of workers in developing to a potentially non-attributable EMP structure supports. nations to have the freedom to join to- attack, we would not even know where Mr. Speaker, this is really a good gether, to have a real voice at work, so it came from if it came from the news story. We know about this prob- they can move up the economic ladder. oceans, is more desirable than the de- lem. It has not happened yet. We have This is not true in Central America struction of selected cities. Delayed a great study with great detailed rec- where recent State Department and mass lethality is assured over time ommendations of what we need to be International Labor Organization re- through the cascade of EMPs’ indirect doing. The good news is that if we do ports confirm that the basic legal

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.101 H09PT1 H4346 CONGRESSIONAL RECORD — HOUSE June 9, 2005 framework is not in place to protect GSP petition led USTR for the first Mr. Speaker, this letter will be the rights of workers and enforcement time ever to self-initiate a worker placed in the RECORD at the end of my of these defective laws is woefully in- rights review for Guatemala in October remarks. adequate. Regretfully, CAFTA as nego- 2000. Guatemala subsequently passed What the reports show is exemplified tiated preserves the status quo or labor reforms in April 2001 which in- in a fairly recent case, and I will refer worse, because it says to these coun- cluded granting farm workers new to it briefly. It relates to port workers tries ‘‘enforce your own laws’’ when it rights to strike. in El Salvador. In that case they tried comes to internationally recognized In preparation for CAFTA, however, to organize, they tried to be represent- labor standards. Guatemala’s constitutional courts ative, they tried to bring about demo- The Latin American region possesses struck down key parts of the 2001 labor cratic rights within the workplace. the worst income inequality in the reforms. In August of 2004, the court re- Thirty-four of the workers were fired world. And four of the Central Amer- scinded the authority of the ministry last December when they were trying ican nations rank among the top 10 in of labor of that country to impose fines to form a union. And not only did the Latin America with the most serious for labor rights violation, a key ele- law not require their reinstatement, imbalances. Poverty is rampant in ment of the 2001 agreement. Under but only severance pay, which is a these countries. The middle class is CAFTA, the U.S. would have no re- cheap bargain for an employer who dramatically weak, as has been true in course to challenge that development. wants to violate rights. the persons of other nations including Now, let me go on, if I might, to a But a month later, the labor min- our own. This will not change unless next point and that relates to the ex- istry denied the labor union’s registra- workers can climb up the ladder and amples of Morocco and Chile and tion petition since now there were only help develop a vibrant middle class. Singapore because those agreements seven workers left. Others had been A huge percentage of workers in this are often used as examples as to why fired. El Salvador law requires at least region are not actively benefiting from we should vote for CAFTA. I supported 35 members to form a labor organiza- globalization because the current laws the agreements with Chile, with Mo- tion, a provision that itself has been in these nations do not adequately rocco, and with Singapore. The situa- criticized by the International Labor allow them to participate fully in the tions in each of those countries was Organization. workplace. The suppression of workers very different from Central American I just ask everybody to read the let- in the workplace also inhibits the steps countries. ter that we sent to Mr. Allgeier and the necessary to promote democracy in so- Chile has the international labor attached analysis of laws from the ILO ciety at large. The core labor and envi- standards incorporated in their laws reports and State Department reports. ronmental provision in CAFTA that and they enforce them. There is a vi- President Bush has correctly talked each country must merely enforce its brant labor movement and an active about freedom and democracy. He has own law is a double standard. This middle class. The same is essentially said that everywhere. But what this CAFTA does is to sanction the status standard is not used anywhere else in true in Singapore, anti-labor move- quo where there is no democracy in the CAFTA, whether as to intellectual ments, workers have their right to associate if they want to organize, to workplace. property, tariff levels, or subsidies. President Bush last month urged a ‘‘Enforce your own laws’’ is a ticket form unions; and they have a tradition vote for CAFTA because it would bring to a race to the bottom. Such an ap- of a labor movement in Singapore. Morocco, the question is asked, well, ‘‘stability and security’’ to the region. proach is harmful all around for the in- I think the opposite is true. If work- I voted for Morocco, why not CAFTA? ability of workers to earn enough, for ers are suppressed, it is a step towards And the answer is there are vast dif- we in the middle class so badly lacking insecurity and towards instability. ferences between the situations. Mo- in and needed by Central American Labor market freedom is a source of se- countries, for American workers who rocco took steps in the last years be- curity, undercutting insecurity. What resist competition based on suppres- fore the free trade agreement with is a threat, what is a real threat to un- sion of workers in other countries and them to truly, truly reorganize their democratic forces, those who do not be- for our companies and our workers who labor laws. Also, Morocco has a tradi- lieve in them, is democracy in the need middle classes in other countries tion of a vibrant labor movement in workplace. to purchase the goods and services that the private sector as well as the public The President likes to quote the we produce. sector. So Central America is very dif- writings of Natan Sharansky, who has CAFTA is a step backwards also from ferent. been minister in Israel until recently. present trade agreements. The Carib- We voted, many of us on the Demo- Natan Sharansky says that a test of bean Basin Initiative Standard states cratic side, for Morocco, Chile and democracy is whether somebody can in determining whether to designate Singapore; we believe in expanded arise in the town square and speak his any country a benefit country under trade as long as the terms of those of or her mind without punishment. If CPI, the President shall take into ac- that trade agreement and of those you use that test to the workplace, count ‘‘whether or not such country trade agreements are shaped to spread most places in Central America, the has taken or is taking steps to afford the benefits across the population. answer is there is no democracy. If workers in that country, including any Let me say a word about Central somebody raises their voice too often, designated zone in that country, inter- American countries and the defi- they are fired. nationally recognized rights.’’ ciencies in their laws, because much Now, let me just say a word about an- The GSP, Generalized System of has been said of this and much was said other argument that is used and that Preference, standard is this: the Presi- today by our new USTR, a former col- is, well, the problem is enforcement dent shall designate a country, a GSP league, Rob Portman. Look, USTR has and the United States is going to help beneficiary country if ‘‘such country tried to gloss over what the ILO says. the nations of Central America with has not taken or is not taking steps to They have tried to gloss over what is in their enforcement. We are going to pro- afford internationally recognized work- the State Department reports them- vide monies so that there is a stronger er rights to workers in that country in- selves. But any objective look confirms department of labor, et cetera, et cluding any designated zone in that that those reports say that the laws of cetera. country.’’ those countries in terms of the basic Well, today, Rob Portman, our am- So CAFTA is a step backward from international standards are defective. bassador, outlined a number of pro- these standards. The provisions in And this was spelled out in a letter posals for more funding to help CAFTA CAFTA on worker rights as currently that was sent by us on April 4 by the countries in technical assistance to negotiated are substantially weaker gentleman from New York (Mr. RAN- strengthen enforcement of labor laws. than current U.S. law and would re- GEL), the gentleman from Maryland He said the problem is not labor laws; place that current law. I will give you (Mr. CARDIN), the gentleman from Cali- it is enforcement. The correct analysis an example. In Guatemala over 900 Del fornia (Mr. BECERRA), and myself to is there is a deep problem in their laws Monte banana workers were fired in the acting trade representative, Peter and a severe problem with the enforce- 1990 for protesting labor conditions. A Allgeier. ment of flawed laws. But when you

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.103 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4347 look at what was urged today by Mr. labor standards. That would be a contract, involve imposition. We are Portman, and I do not question his source of strength, not of weakness. It going to have to change laws as a re- good faith about it, but I do question would be trying to compete and com- sult of trade agreements. That was the credibility of it because it is the pete effectively, rather than trying to true under the Uruguay Round agree- record, not the rhetoric, that really compete with China as to who can ments. It is true of tariffs. We are matters. And the record of this admin- most suppress worker rights. going to have to change our laws re- istration in providing technical assist- In that regard, I do think we ought to garding tariffs. ance for the strengthening of labor look at what is sometimes pointed to, Now we are not talking about impos- unions in other countries is miserable. and that is, the Clinton legacy because ing American standards in CAFTA. This year, I just give a few examples, I have read some articles that have What we are talking about is placing this year President Bush proposed crip- said that those of us who have raised internationally recognized standards in pling cuts to the budget for the Inter- this set of issues about globalization, the declaration of the ILO that every national Labor Affairs Bureau known who have raised this set of issues about country involved here, Dominican Re- as ILAB. He proposed cutting funding shaping trade policy and have applied public, Central American, U.S., has en- by 87 percent from $94 million to $12 it to this critical step, vis-a-vis, dorsed putting them into the agree- million. CAFTA, that those of us who are doing ment, in the body of the agreement that are taking a step backwards from enforceably with reasonable transition. b 1745 where the Clinton administration was. That is important. According to the President, the 2006 The contrary is true. The contrary is So let it be clear, the opposition to budget, he quotes, ‘‘returns the agency really what this is all about. CAFTA, as negotiated, is not being led to its original mission of research, For example, Jordan. Today, Ambas- by those the administration likes to analysis and advocacy.’’ Well, what sador Portman, and I am glad to call dismiss as in ‘‘protectionists’’ or ‘‘iso- that means is there is not any empha- him ambassador now, he was a col- lationists.’’ Those shoes do not fit. The sis on technical assistance. league, said that the Jordan agreement opposition leadership involves those of Also, the President’s five budget re- is not as strong as CAFTA when it us who have favored expanded trade quests in previous years proposed fund- comes to core labor standards. That and have helped to shape and pass ing cuts for ILAB of more than 50 per- simply is an incorrect analysis of Jor- trade agreements in the last decade. cent. dan. Jordan has a clear reference to the For us, CAFTA is an important line So I do not believe that the answer is core standards: child labor, forced in the sand, affecting the future effec- simply more money going to agencies labor, anti-discrimination and the tiveness of globalization. If the U.S. does not seize the opportunity to shape in other countries. I think the laws right of workers to associate and to the rule of trade and competition in have to be in order. The regulations bargain collectively. It has references CAFTA, it will have chosen simply to must not strangle efforts of people to to those five core labor standards in be on the receiving end of the con- assert their freedom in the labor mar- the Jordan agreement, number one. ket, but I do think better enforcement Number two, Jordan has a provision sequences, both positive and negative would be useful of good laws. The to make sure that Jordan cannot slip of globalization. I favor a CAFTA but not this agree- record of the administration in terms backwards, cannot move away from ment as it stands, and we can quickly of technical assistance is terribly that standard. That is not true in fix this agreement by renegotiating weak, in fact. CAFTA. Enforce your own laws, it can CAFTA to include internationally rec- Now, let me discuss another issue be present laws or revised laws that are that has come up when we discuss ognized labor standards, with enforce- even worse. ment in a reasonable transition. In CAFTA. Increasingly, this administra- Thirdly, as to enforcement, it is not doing so, we would advance the inter- tion has used our trade challenges from at all correct to say that the provisions ests of U.S. businesses and workers and China as a reason to vote for CAFTA. in CAFTA, that those provisions are expand the benefits of globalization be- This is happening more and more. It is nearly as strong as was negotiated yond the status quo and any privileged not credible. It is at best boot strap. with Jordan. Essentially the Jordan minority in any of these countries. Look, we have to shape trade policy so FTA, the U.S.-Jordan FTA said that We would take also an important that there can be effective competition each country could take the necessary step, and I want to emphasize this, an with China, that is for sure. That re- steps to enforce the obligations of the important step towards reestablishing lates to currency, and we just a short other, and it is true the Bush adminis- a bipartisan foundation for trade. That time ago had, I think, a rather ineffec- tration later entered a letter, a side bipartisan foundation has been eroded tive meeting with the administration letter, that put some brakes on the under this administration, and it is on the currency issue. ability of the Bush administration to that bipartisan foundation that needs It also includes trade in apparel and implement the Jordan agreement, but to be reestablished because it is so crit- textiles. We have seen a major influx of that is not what was negotiated. ical for tackling tough trade issues apparel from China with the end of the What President Clinton did increas- ahead, for example, in the Doha Round. quotas. In order to have an effective ingly in his later years was to say to We cannot tackle these tough issues of trade policy, vis-a-vis, China, in the ap- the world, I favor expanded trade, I be- agriculture, various parts of agri- parel and textile areas, we have to do lieve in it, it has to be done in ways culture, or of services, including finan- the following. that shape so that there is a leveling cial services, we cannot tackle them, Number one, we have to actively use up and not down. That is language that nontariff barriers, unless there is a remedies that were written into the he used in his speeches. He referred to solid, nonpartisan, bipartisan founda- agreement with China in its accession them at the University of Chicago tion. We cannot do it by trying to to the WTO. We worked hard to get speech, and that was the flavor of his squeeze out a one vote majority. those provisions into the WTO China speech at Davos. I was there when he Security, economic and political, is accession agreement, and the adminis- gave the speech. He spent half of his best achieved in the region of Central tration has hesitated to use them effec- time talking about the benefits of ex- America. By closing the dangerous gap tively. They did not effectively antici- panded trade. He also spent the second between rich and poor, by development pate this problem, and when the prob- half saying if those benefits were going of a real middle class and a larger mid- lem really sprouted, their response ini- to be real and move globalization dle class and by expansion of freedom tially was very weak. ahead, there needed to be, he said, a operating in the workplace and spread- Second point regarding this: We do leveling up and not a leveling down. ing throughout the society, it did, by need to have and take steps to bring When people say we cannot impose the way, not only in our country in Po- about a strong Caribbean apparel and standards on other countries, and that land and so many other places. textile structure, Caribbean including was said I think it was yesterday or I want to close by emphasizing what the United States. To do that, one of maybe earlier today by the chairman is at stake, that this security, eco- the steps that is necessary is to have of our committee, I do not understand nomic and political, is in the self-inter- compliance with international core that. Trade agreements, like any other est of our country, of our businesses

VerDate Aug 04 2004 15:20 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\PICKUP\H09JN5.REC H09JN5 H4348 CONGRESSIONAL RECORD — HOUSE June 9, 2005 and of our workers. We need to address the labor laws in at least one of the CAFTA CAFTA countries fail to comply with two of this issue of core labor standards, not countries have been weakened in recent the most basic international norms of com- only for the benefit of the workers in months. mon decency and fairness to working peo- the other countries, of the development In light of the fact that Congress may soon ple—the rights of association (ILO Conven- be considering the CAFTA, it is important to tion 87) and to organize and bargain collec- of a so badly needed middle class in move beyond rhetoric to the facts. We urge tively (ILO Convention 98). those countries, but also because our you to provide documented information con- Each of these deficiencies, discussed in de- workers increasingly refuse to compete cerning any amendments CAFTA countries tail below, was identified in a letter sent in with countries where the workers are have made to their laws to address the short- November 2003, from Reps. Rangel, Levin and suppressed. That is eroding the support comings noted in the attached list. Those Becerra to then U.S. Trade Representative for international trade in this country, shortcomings cannot be overcome with bet- Zoellick. Neither USTR nor the governments ter enforcement efforts. Even the best en- of the Central American countries have pro- and we need to reaffirm its importance vided information responding to these incon- by reaffirming some basic principles. forcement of inadequate laws—whether relating to intellectual property, services reg- sistencies. That is going to be good, as I said, for ulation or technical standards for manufac- COSTA RICA our country, for our businesses, and for tured products—cannot yield acceptable re- Use of Solidarity Associations to Bypass our workers. sults. Unions. Costa Rican law allows employers to I am not sure of the timetable for We support the right CAFTA for the Cen- establish ‘‘solidarity associations’’ and to CAFTA. What I am sure is as of today, tral American countries and the Dominican bargain directly with such associations, even it would not pass. There may be an ef- Republic, just as we have strongly supported where a union has been established. The fail- fort to try to make it pass by all kinds the Caribbean Basin Initiative (CBI) pro- ure to explicitly prohibit employers from by- of deals, which those of us who favor grams. These programs have done much to passing unions in favor of employer-based expanded trade would never agree to. It strengthen economic ties with our friends groups violates ILO Convention 98. and neighbors in Central America and the This deficiency was confirmed in the Octo- may be endeavored to pass through Caribbean in ways that benefit both the ber 2003 ILO Report: ‘‘[T]he report of the some kinds of deals unrelated to trade, United States and the region. technical assistance mission . . . drew atten- offering this and that, unrelated again However, the CBI programs were built on tion to the great imbalance in the private to trade. That would be a terrible mis- the dual pillars of expanded economic oppor- sector between the number of collective take. tunity and a strong framework for trade. In agreements and the number of direct pacts We have an opportunity here to re- particular, the programs were expressly con- . . . the CEACR recalled that direct negotia- configure CAFTA in a way that would ditioned on the countries making progress in tion between employers and workers’ rep- achieving basic labor standards. By contrast, resentatives was envisaged ‘only in the ab- bring about strong bipartisan support sence of trade union organizations.’ ’’ and be a foundation for the develop- the CAFTA moves backward by not including even these minimum standards, and (2) Onerous Strike Requirements. Costa ment of stable relationships within using instead a standard for each country of Rican law includes a number of onerous pro- Central America and the Dominican ‘‘enforce your own laws.’’ Ensuring that the cedural requirements for a strike to be Republic and between them and our- CAFTA countries both adopt and effectively called. These requirements contravene ILO selves. maintain in their laws the most basic stand- guidelines for regulation of strikes, and Also, as I said, we would be able to ards of decency and fairness to working peo- taken as a whole, make it nearly impossible for a strike to be called. For example, Costa reestablish the bipartisan foundation ple is important to their workers, their societies, and to U.S. workers. It also is critical Rica requires that 60% of all workers in a fa- that once prevailed for international cility vote in favor of a strike in order for it trade in this institution. Without it, to ensuring strong and sustainable economic growth and promoting increased standards of to be legal. These requirements violate ILO Convention 87. CAFTA, in my judgment, should not living. This deficiency was confirmed in the Octo- and cannot pass, and there is likely We welcome and support all efforts to im- ber 2003 ILO Report: ‘‘The general require- trouble in tackling the other issues prove the capacity of Central American that need to be addressed boldly, hon- ments set out by the legislator [sic] for a countries to improve the enforcement of strike to be legal . . . include the require- estly and effectively. their labor laws. In fact, for the last four ment that at least 60 per cent of the workers The material I referred to previously years, we have fought for better funding of in the enterprise support strike action. The I will insert into the RECORD at this such programs and against massive Adminis- CEACR has stated that if a member State point. tration budget cuts for labor technical as- deems it appropriate to establish in its legis- sistance programs—many of these programs HOUSE OF REPRESENTATIVES, lation provisions for the requirement of a eroded-out or slashed by up to 90 percent in vote by workers before a strike can be held, COMMITTEE ON WAYS AND MEANS, budgets submitted by the Administration. Washington, DC, April 4, 2005. ‘it should ensure that account is taken only The Administration’s track record gives us of the votes cast, and that the required Hon. PETER ALLGEIER, little confidence that the one-time grant of Acting U.S. Trade Representative, quorum and majority are fixed at a reason- $20 million included in the FY05 Foreign Op- able level.’ ’’ Washington, DC. erations Appropriations Act for labor and en- DEAR AMBASSADOR ALLGEIER: In recent (3) Inadequate Protection Against Anti- vironmental technical assistance in the weeks, advocates for the Central American Union Discrimination. Costa Rica’s laws do CAFTA countries represents the kind of real Free Trade Agreement (CAFTA) have made not provide for swift action against anti- and sustained commitment needed in these assertions that the CAFTA countries’ laws union discrimination. For example, there is areas. Moreover, such efforts on enforcement comply with basic, internationally-recog- no accelerated judicial review for dismissal are no substitute for getting it right on basic nized rules that ensure common decency and of union leaders. laws. fairness to working people. These advocates This deficiency was confirmed in the Octo- Sincerely, argue that the only outstanding issue con- ber 2003 ILO Report: ‘‘[A]s the CEACR has in- BENJAMIN L. CARDIN, cerning the rights of workers in the CAFTA dicated, legislation needs to be amended ‘to Ranking Member, Sub- countries is a lack of adequate enforcement expedite judicial proceedings concerning committee on Trade. of existing labor laws. anti-union discrimination and to ensure that Unfortunately, CAFTA advocates’ rhetoric XAVIER BECERRA, the decisions thereby are implemented by ef- is not supported by the facts. There are still Member. fective means.’ ’’ no fewer than 20 areas in which the CAFTA CHARLES B. RANGEL, EL SALVADOR countries’ labor laws fail to comply with Ranking Member. (1) Inadequate Protection Against Anti- even the most basic international norms, as SANDER M. LEVIN, Union Discrimination. El Salvador fails to documented by the International Labor Or- Ranking Member, Sub- provide adequate protection against anti- ganization (ILO), the U.S. Department of committee on Social union discrimination. In particular, El Sal- State and multiple non-governmental orga- Security. vador fails to provide for reinstatement of nizations. workers fired because of anti-union discrimi- More than a year ago, in November 2003, a U.S. STATE DEPARTMENT AND INTERNATIONAL nation, which violates ILO Convention 98. number of us wrote to you outlining these LABOR ORGANIZATION REPORTS CONFIRM DE- There also are widespread reports of black- problems in detail. We had hoped that doing FICIENCIES IN CAFTA LABOR LAWS listing in export processing zones of workers so might lead to actions to remedy those The 2004 U.S. State Department Country who join unions. Salvadoran law does not problems, or at least to a constructive dia- Reports on Human Rights Practices, the Oc- prohibit blacklisting, as it bars only anti- logue about them. However, the Members tober 2003 ILO Fundamental Principles and union discrimination against employees, not who signed that letter have yet to receive Rights at Work: A Labor Law Study (‘‘the job applicants. any response to the list of problems docu- Report’’), and other ILO reports released in The 2004 U.S. State Department Report on mented in that letter—either from your of- recent years confirm the existence of at least Human Rights Practices confirms this defi- fice or from the countries concerned. In fact, 20 areas in which the labor laws in the ciency: ‘‘The Labor Code does not require

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K09JN7.106 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4349 that employers reinstate illegally dismissed Rights Practices: Noting that ‘‘procedural bition of more than 1 trade union in a single workers.... Workers and the ILO reported hurdles’’ helped to make legal strikes rare, enterprise. . . .’’ instances of employers using illegal pressure the Report states, ‘‘The Labor Code requires This deficiency was confirmed in the Octo- to discourage organizing, including the disapproval by simple majority of a firm’s ber 2003 ILO Report: ‘‘Such a provision, in missal of labor activists and the circulation workers to call a legal strike. The Labor the view of the CEACR, is contrary to Arti- of lists of workers who would not be hired Code requires that a labor court consider cle 2 of Convention No. 87, since the law because they had belonged to Unions.’’ whether workers are conducting themselves should not institutionalize a de facto monop- (2) Restrictive Requirements for Forma- peacefully and have exhausted available me- oly. . . .’’ tion of Industrial Unions. El Salvador has re- diation before ruling on the legality of a (3) Restrictions on Union Leadership. Hon- peatedly been cited by the U.S. State De- strike.’’ duras requires that union leaders be Hon- partment and the ILO for using union reg- This deficiency was confirmed in the Octo- duran nationals, and be employed in the oc- istration requirements to impede the forma- ber 2003 ILO Report: ‘‘[O]ne of the general re- cupation that the union represents. These re- tion of unions. These formalities violate ILO quirements laid down in the legislation . . . strictions violate ILO Convention 87. Convention 87. is still under criticism by the CEACR: ‘only This deficiency was confirmed in the 2004 The 2004 U.S. State Department Report on the votes cast should be counted in calcu- U.S. State Department Report on Human Human Rights Practices confirms this defi- lating the majority and . . . the quorum Rights Practices: ‘‘The [ILO) has noted that ciency: ‘‘[I]n some cases supported by the should be set at a reasonable level.’ ’’ various provisions in the labor law restrict ILO Committee on Freedom of Association (4) Ambiguity in Certain Criminal Pen- freedom of association, including . . . the . . . the Government impeded workers from alties. Guatemala’s Penal Code provides for prohibition on foreign nationals holding exercising their right of association.... criminal penalties against anyone who dis- union office, the requirement that union of- [T]he government and judges continued to rupts the operation of enterprises that con- ficials must be employed in the economic ac- use excessive formalities as a justification to tribute to the economic development of the tivity of the business the union represents. deny applications for legal standing to country. Whether and how these penalties . . .’’ unions and federations.’’ apply to workers engaged in a lawful strike This deficiency was confirmed in the Octo- A 1999 Report by the ILO Committee on is unclear, and this ambiguity has deterred ber 2003 ILO Report: ‘‘The Labour Code pro- Freedom of Association confirms this defi- workers from exercising their right to hibits foreign nationals from holding trade ciency: The Committee observes that ‘‘legis- strike. The CEACR has stated that applica- union offices and requires officials to be en- lation imposes a series of excessive formali- tion of these penalties to a worker who engaged in the activity, profession or trade ties for the recognition of a trade union and gaged in a lawful strike would violate ILO characteristic of the trade union. . . . The the acquisition of legal personality that are Conventions 87 and 98. CEACR has objected to these provisions, contrary to the principle of the free estab- This deficiency was confirmed in the Octo- which it deems incompatible with Article 3 lishment of trade union organizations . . .’’ ber 2003 ILO Report: ‘‘The CEACR has drawn of Convention No. 87. . . .’’ (4) Inadequate Protection Against Anti- GUATEMALA the attention of the Government to the fact that certain provisions of the Penal Code are Union Discrimination. The ILO CEACR has (1) Inadequate Protection Against Anti- not compatible with ILO Conventions . . . faulted Honduras for a number of years for Union Discrimination. Guatemala’s laws do noting that . . . sentences of imprisonment not providing adequate sanctions for anti- not adequately deter anti-union discrimina- can be imposed as a punishment . . . for par- union discrimination. For example, under tion. The failure to provide adequate protec- ticipation in a strike.’’ the law, only a very small fine equivalent to tion from anti-union discrimination violates (5) Restrictions on Union Leadership. Gua- approximately US$12–$600 can be assessed Convention 98. temala maintains a number of restrictions against employers for interfering with the This deficiency was confirmed in the 2004 with respect to union leadership including: right of association. This Honduran law vio- U.S. State Department Report on Human (1) restricting leadership positions to Guate- lates ILO Convention 98. Rights Practices: ‘‘An ineffective legal sys- malan nationals; and (2) requiring that union This deficiency was confirmed by a 2004 Re- tem and inadequate penalties for violations leaders be currently employed in the occupa- port of the ILO Committee of Experts on the hindered enforcement of the right to form tion represented by the union. These restric- Application of Conventions and Rec- unions and participate in trade union activi- tions violate Convention 87. ommendations (CEACR): ‘‘The penalties en- ties. . . .’’ This deficiency was confirmed in the Octo- visaged . . . against persons impairing the This deficiency was confirmed in the Octo- ber 2003 ILO Report: ‘‘Both the Constitution right to freedom of association (from 200 to ber 2003 ILO Report: ‘‘[T]he CEACR hopes and the Labour Code prohibit foreign nation- 2,000 lempiras, with 200 lempiras being equiv- that . . . ‘measures will soon be adopted to als from holding office in a trade union. . . . alent to around $12) had been deemed inad- ensure rapid and effective compliance with The Labour Code requires officials to be equate by one worker’s confederation. . . . judicial decisions ordering the reinstatement workers in the enterprise. . . . These restric- The Committee once again hopes that [legis- in their jobs of workers dismissed for trade tions have given rise to observations by the lation will be prepared] providing for suffi- union activities and that effective penalties CEACR.’’ ciently effective and dissuasive sanctions will be established for failure to comply with against all acts of anti-union discrimina- such decisions.’ ’’ HONDURAS tion.’’ Note: In August 2004, the Constitutional (1) Burdensome Requirements for Union (5) Few Protections Against Employer In- Court of Guatemala issued a ruling rescind- Recognition. Honduran law requires more terference in Union Activities. Honduras pro- ing the authority of the Ministry of Labor to than 30 workers to form a trade union. This hibits employers or employees with ties to impose fines for labor rights violations. Fol- numerical requirement acts as a bar to the management from joining a union; it does lowing this decision, it is not clear whether establishment of unions in small firms, and not, however, prohibit employers from inter- Guatemala’s law permits any fines to be as- violates ILO Convention 87. fering in union activities through financial sessed for labor violations. This deficiency was confirmed in the 2004 or other means. The failure to preclude em- (2) Restrictive Requirements for Forma- U.S. State Department Report on Human ployer involvement violates ILO Convention tion of Industrial Unions. Guatemala re- Rights Practices: ‘‘The [ILO] has noted that 98 on the right to organize and bargain col- quires a majority of workers in an industry various provisions in the labor law restrict lectively. to vote in support of the formation of an in- freedom of association, including . . . the re- This deficiency was confirmed in a 2004 Re- dustry-wide union for the union to be recog- quirement of more than 30 workers to con- port of the ILO CEACR: ‘‘[T]he Convention nized. This requirement violates Convention stitute a trade union. . . .’’ provides for broader protection for workers’ 87. This deficiency was confirmed in the Octo- . . . organizations against any acts of inter- This deficiency was confirmed in the 2004 ber 2003 ILO Report: ‘‘[T]he requirement to ference . . . in particular, acts which are de- U.S. State Department Report on Human have more than 30 workers to constitute a signed to promote the establishment of Rights Practices: The high, industry-wide trade union . . . has prompted the CEACR to workers’ organizations under the domination threshold creates ‘‘a nearly insurmountable comment that this number is ‘not conducive of employers or employers’ organizations, or barrier to the formation of new industry- to the formation of trade unions in small, to support workers’ organizations by finan- wide unions.’’ and medium size enterprises.’ ’’ cial or other means, with the object of plac- (3) Onerous Requirements to Strike. Gua- (2) Limitations on the Number of Unions. ing such organizations under the control of temalan law includes a number of provisions Honduran law prohibits the formation of employers or employers’ organizations. In that interfere with the right to strike. The more than one trade union in a single enter- this respect, the Committee once again Guatemalan Labor Code mandates that prise. This restriction violates ILO Conven- hopes that [labor law reform will include unions obtain permission from a labor court tion 87 on the right of workers to join or es- provisions] designed to . . . afford full and to strike, even where workers have voted in tablish organizations of their own choosing, adequate protection against any acts of in- favor of striking, In addition, the Labor Code and fosters the creation of monopoly unions. terference, as well as sufficiently effective requires a majority of a firm’s workers to This deficiency was confirmed in the 2004 and dissuasive sanctions against such acts.’’ vote in favor of the strike. These laws vio- U.S. State Department Report on Human (6) Restrictions on Federations. Honduras late Convention 87. Rights Practices: ‘‘The [ILO] has noted that prohibits federations from calling strikes. This deficiency was confirmed in the 2004 various provisions in the labor law restrict The CEACR has criticized this prohibition, U.S. State Department Report on Human freedom of association, including the prohi- which contravenes the right to organize.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.028 H09PT1 H4350 CONGRESSIONAL RECORD — HOUSE June 9, 2005 This deficiency was confirmed in the Octo- portation and agricultural workers are orga- lative program and any special orders ber 2003 ILO Report: ‘‘Federations and con- nized. Representatives of most organized heretofore entered, was granted to: federations do not have a recognized right to labor groups criticized these cooperatives (The following Members (at the re- strike . . . which has prompted the CEACR and assert that they do not permit strikes, quest of Mr. UDALL of New Mexico) to to recall that such provisions are contrary to have inadequate grievance procedures, are Articles 3, 5 and 6 of Convention No. 87 . . .’’ meant to displace genuine, independent revise and extend their remarks and in- (7) Onerous Strike Requirements. Hon- trade unions and are dominated by employ- clude extraneous material:) duras requires that two-thirds of union mem- ers.’’ Mr. GEORGE MILLER of California, for bers must support a strike for it to be legal. (3) Procedural Impediments to Calling a 5 minutes, today. This requirement violates ILO Convention Strike. Nicaragua maintains a number of re- Ms. WOOLSEY, for 5 minutes, today. 87. strictive procedural requirements for calling Mr. SCHIFF, for 5 minutes, today. This deficiency was confirmed in the Octo- strikes. (According to the 2002 U.S. State De- Mr. BROWN of Ohio, for 5 minutes, ber 2003 ILO Report: ‘‘[T]he CEACR has re- partment Human Rights Report, the Nica- called that restrictions on the right to strike raguan Labor Ministry asserts that it would today. should not be such as to make it impossible take approximately 6 months for a union to Mr. EMANUEL, for 5 minutes, today. to call a strike in practice, and that a simple go through the entire process to be per- Mr. DEFAZIO, for 5 minutes, today. majority of voters calculated on the basis of mitted to have a legal strike.) Since all legal Mr. PALLONE, for 5 minutes, today. the workers present at the assembly should protections may be withdrawn in the case of Ms. BORDALLO, for 5 minutes, today. be sufficient to be able to call a strike.’’ an illegal strike, the practical outcome is Mr. UDALL of New Mexico, for 5 min- NICARAGUA that workers who strike often lose their utes, today. (1) Inadequate Protection Against Anti- jobs, thus undermining the right to strike (The following Members (at the re- Union Discrimination. Nicaragua’s laws per- protected by Convention 87. mit employers to fire employees who are at- This deficiency was confirmed in the 2004 quest of Mr. MCCOTTER) to revise and tempting to organize a union as long as they U.S. State Department Report on Human extend their remarks and include ex- provide double the normal severance pay. Rights Practices: ‘‘Observers contend that traneous material:) This allowance violates ILO Convention 98. the [process for calling a strike] is inappro- Mr. GUTKNECHT, for 5 minutes, June This deficiency was confirmed in the Octo- priately lengthy and so complex that there 13, 14, 15, and 16. ber 2003 ILO Report: The Annex to the Re- have been few legal strikes since the 1996 Mr. MCCAUL of Texas, for 5 minutes, port states that the Labor Code provides Labor Code came into effect . . .’’ today. that ‘‘if the employer does not carry out re- LEAVE OF ABSENCE Mr. FOSSELLA, for 5 minutes, today. instatement, he/she shall pay double the By unanimous consent, leave of ab- compensation according to the length of Mr. OSBORNE, for 5 minutes, June 13. service.’’ sence was granted to: (2) Use of Solidarity Associations to By- Mr. HOBSON (at the request of Mr. f pass Unions. Nicaragua allows employers to DELAY) for today on account of trav- create ‘‘solidarity associations’’ but does not eling with the President in Ohio. ADJOURNMENT specify how those associations relate to Mr. LAHOOD (at the request of Mr. unions. The failure to include protections DELAY) for today on account of attend- Mr. LEVIN. Mr. Speaker, I move that against employers using solidarity associa- ing a funeral in Chicago. the House do now adjourn. tions to interfere with union activities vio- f The motion was agreed to; accord- lates ILO Convention 98. ingly (at 6 p.m.), under its previous This deficiency was confirmed in the 2004 SPECIAL ORDERS GRANTED U.S. State Department Report on Human order, the House adjourned until Mon- Rights Practices: ‘‘The Labor Code recog- By unanimous consent, permission to day, June 13, 2005, at 12:30 p.m., for nizes cooperatives into which manyh trans- address the House, following the legis- morning hour debates. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the first quarter of 2004 and the first quarter of 2005, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. PATRICK CREAMER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAR. 30 AND APR. 2, 2005

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Patrick Creamer ...... 3/30 3/30 Jordan ...... 139.50 197.00 ...... (3) ...... 139.50 197.00 3/31 3/31 Ethiopia ...... 136.00 ...... (3) ...... 136.00 3/31 4/1 Uganda ...... 157.00 ...... (3) ...... 157.00 4 /1 4 /1 Tanzania ...... (3) ...... 4 /2 4 /2 Turkey ...... 111.00 ...... (3) ...... 111.00

Committee total ...... 139.50 601.00 ...... 601.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. PATRICK CREAMER, May 12, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. FRED L. TURNER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 16 AND APR. 19, 2005

Fred L. Turner ...... 4/16 4/19 Denmark ...... 3,573.75 615.00 ...... 3,573.75 615.00

Committee total ...... 3,573.75 615.00 ...... 3,573.75 615.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. FRED L. TURNER, May 18, 2005.

VerDate Aug 04 2004 03:34 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 7634 Sfmt 8634 E:\CR\FM\A09JN7.030 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4351 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. ALAN TENNILLE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 22 AND APR. 26, 2005

Alan Tennille ...... 4/22 4/24 Colombia ...... 568.00 ...... 568.00 4/24 4/26 Costa Rica ...... 438.00 ...... (3) ...... 438.00

Committee total ...... 1,006.00 ...... 1,006.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. ALAN TENNILLE, May 13, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MR. DARIN GARDNER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 7 AND MAY 12, 2005

Darin Gardner ...... 5/7 5 /12 Jordan ...... 295.00 ...... (3) ...... 1,180.00

Committee total ...... 295.00 ...... 1,180.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. KAY GRANGER, Chairman, May 19, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HON. ALCEE L. HASTINGS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 16 AND APR. 19, 2005

Hon. Alcee L. Hastings ...... 4/16 4/19 Denmark ...... 3,573.75 615.00 ...... 3,573.75 615.00

Committee total ...... 3,573.75 615.00 ...... 3,573.75 615.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ALCEE L. HASTINGS, Chairman, May 18, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HON. ALCEE L. HASTINGS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 10 AND MAY 14, 2005

Hon. Alcee L. Hastings ...... 5/10 5/11 Denmark ...... 1,165.50 201.00 ...... 1,165.50 201.00 5/11 5/14 Norway ...... 1,122.00 ...... 1,122.00

Committee total ...... 1,165.50 1,323.00 ...... 1,165.50 1,323.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ALCEE L. HASTINGS, Chairman, May 26, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO CZECH REPUBLIC AND LITHUANIA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 6 AND MAY 8, 2005

Hon. Jack Kingston ...... 5 /6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. Clay Shaw ...... 5 /6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. Spencer Bachus ...... 5 /6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. Tim Holden ...... 5/6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. Bill Shuster ...... 5/6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. David Scott ...... 5 /6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Bill Johnso ...... 5/6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Scott Palmer ...... 5/6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Brenda Becker ...... 5/6 5/8 Czech Republic ...... 356.00 ...... (3) ...... 356.00 Hon. Jack Kingston ...... 5 /8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Hon. Clay Shaw ...... 5 /8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Hon. Spencer Bachus ...... 5 /8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Hon. Tim Holden ...... 5/8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Hon. Bill Shuster ...... 5/8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Hon. David Scott ...... 5 /8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Bill Johnso ...... 5/8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Scott Palmer ...... 5/8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00 Brenda Becker ...... 5/8 5/10 Lithuania ...... 255.00 ...... (3) ...... 255.00

Committee total ...... 5,499.00 ...... 5,499.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JACK KINGSTON, Chairman, May 23, 2005.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 8634 E:\CR\FM\A09JN7.044 H09PT1 H4352 CONGRESSIONAL RECORD — HOUSE June 9, 2005 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ENERGY AND COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2004

Hon. C.L. ‘‘Butch’’ Otter ...... 8/2 8 /4 Venezuela ...... 849.00 ...... 2,046.20 ...... 2,895.20

Committee total ...... 849.00 ...... 2,046.20 ...... 2,895.20 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOE BARTON, Chairman, May 11, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2005

Hon. John Boehner (3)(4) ...... 11/23 11 /28 Austria, Kosovo and Greece ...... 850.00 ...... 3,845.98 ...... 25,234.64 ...... 29,930.62 Hon. John Carter (5) ...... 1/11 1/18 Iraq and Afghanistan ...... Hon. Bob Inglis (5) ...... 2/24 2/28 Iraq, Kuwait, Jordan, and Germany ...... Hon. Dennis Kucinich (6) ...... 3/17 3/28 Paris, Toulouse, Rome, and Madrid ...... 967.00 ...... 23,153.53 ...... 24,120.53 Hon. Howard ‘‘Buck’’ McKeon (6) ...... 3/18 3/31 China and Hong Kong ...... 4,272.00 ...... 18,481.72 ...... 22,753.72 Hon. Carolyn McCarthy ...... 3 /18 3 /31 China and Hong Kong ...... 4,272.00 ...... 4,272.00 Hon. Ruben Hinojosa ...... 3/18 3/30 Beijing, China ...... 2,528.00 ...... 2,528.00 Hon. Ron Kind ...... 3 /18 3 /30 Beijing, China ...... 2,528.00 ...... 2,528.00 Paula Nowakowski ...... 3 /18 3 /31 China and Hong Kong ...... 4,152.00 ...... 4,152.00 Amy Lozupone ...... 3/18 3/31 China and Hong Kong ...... 4,152.00 ...... 4,152.00 George Canty ...... 3/18 3/31 China and Hong Kong ...... 4,152.00 ...... 4,152.00 Committee total ...... 98,588.87 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Previously reported w/o expenditures. 4 Transportation and other purposes are cumulative for entire CODEL. 5 Expenditures not yet available. 6 Other purposes expenditures are cumulative for entire CODEL. JOHN A. BOEHNER, Chairman, Jun. 3, 2005.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2005

Kathleen Reilly ...... 1/16 1/20 Asia ...... 1,404.00 ...... Commercial aircraft transportation ...... 3,694.77 ...... 5,098.77 Robert Myhill ...... 1/16 1/20 Asia ...... 1,404.00 ...... Commercial aircraft transportation ...... 3,694.77 ...... 5,098.77 Marcel Lettre ...... 1 /16 1 /20 Asia ...... 1,404.00 ...... Commercial aircraft transportation ...... 3,454.27 ...... 4,858.27 Michael Ennis ...... 1 /15 1 /18 Asia ...... 1,005.00 ...... 1/18 1/20 Asia ...... 822.00 ...... Commercial aircraft transportation ...... 5,819.86 ...... 7,646.86 Michael Fogarty ...... 1/15 1/18 Asia ...... 1,005.00 ...... 1/18 1/20 Asia ...... 822.00 ...... Commercial aircraft transportation ...... 5,819.86 ...... 7,646.86 Christopher Donesa ...... 1/15 1/18 Asia ...... 1,005.00 ...... 1/18 1/20 Asia ...... 822.00 ...... Commercial aircraft transportation ...... 5,819.86 ...... 7,646.86 Hon. Rush Holt ...... 2/20 2/21 Europe ...... 353.89 ...... 2/21 2/23 Europe ...... 482.00 ...... Commercial aircraft transportation ...... 3,374.82 ...... 4,210.71 Wyndee Parker ...... 2/19 2/21 Europe ...... 924.00 ...... 2/21 2/23 Europe ...... 482.00 ...... Commercial aircraft transportation ...... 7,071.78 ...... 8,477.78 Hon. Mike Rogers ...... 3/19 3/20 Middle East ...... 178.00 ...... 3/20 3/23 Middle East ...... 626.00 ...... 3/23 3/24 Middle East ...... 508.00 ...... 1,312.00 Kathleen Reilly ...... 3/19 3/20 Middle East ...... 178.00 ...... 3/20 3/23 Middle East ...... 626.00 ...... 3/23 3/24 Middle East ...... 508.00 ...... 1,312.00 Hon. Peter Hoekstra ...... 3 /20 3 /25 Asia ...... 1,624.00 ...... Commercial aircraft transportation ...... 5,578.15 ...... 7,202.15 Mike Meermans ...... 3/20 3/22 Asia ...... 266.00 ...... 3/22 3/25 Asia ...... 928.00 ...... Commercial aircraft transportation ...... 9,430.15 ...... 10,624.15 Michael Ennis ...... 3 /20 3 /22 Asia ...... 266.00 ...... 3/22 3/25 Asia ...... 928.00 ...... Commercial aircraft transportation ...... 6,291.15 ...... 7,485.15 Beth Larson ...... 3 /20 3 /22 Asia ...... 266.00 ...... 3/20 3/23 Asia ...... 928.00 ...... Commercial aircraft transportation ...... 5,791.15 ...... 6,985.15 Jeremy Bash ...... 3 /20 3 /22 Asia ...... 266.00 ...... 3/22 3/25 Asia ...... 928.00 ...... Commercial aircraft transportation ...... 6,630.15 ...... 7,824.15 Hon. Robert Cramer ...... 12 /26 1/02 Europe ...... 2,746.00 ...... Commercial aircraft transportation ...... 6,568.56 ...... 9,314.56

Committee total ...... 102,744.19 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. PETER HOEKSTRA, Chairman.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 8634 E:\CR\FM\A09JN7.044 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4353 EXECUTIVE COMMUNICATIONS, partment of Defense, transmitting the De- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ETC. partment’s final rule — Defense Federal Ac- Committee on Financial Services. quisition Regulation Supplement; Unique 2273. A letter from the Acting Commis- Under clause 8 of rule XII, executive Item Identification and Valuation [DFARS sioner for Education Statistics, Director, In- communications were taken from the Case 2003-D081] received April 26, 2005, pursu- stitute of Education Sciences, Department of Speaker’s table and referred as follows: ant to 5 U.S.C. 801(a)(1)(A); to the Committee Education, transmitting a statistical report 2253. A letter from the Chief, Regulatory on Armed Services. prepared by the National Center for Edu- Review Group, Department of Agriculture, 2263. A letter from the Director, Defense cation Statistics entitled, ‘‘The Condition of transmitting the Department’s final rule — Procurement and Acquisition Policy, De- Education,’’ pursuant to 20 U.S.C. 9005; to American Indian Livestock Feed Program, partment of Defense, transmitting the De- the Committee on Education and the Work- Livestock Assistance Program (RIN: 0560- partment’s final rule — Defense Federal Ac- force. AH26) received June 3, 2005, pursuant to 5 quisition Regulation Supplement; Con- 2274. A letter from the Acting Director, Of- U.S.C. 801(a)(1)(A); to the Committee on Ag- tractor Personnel Supporting a Force De- fice of Congressional Affairs, Nuclear Regu- riculture. ployed Outside the United States [DFARS latory Commission, transmitting the Com- 2254. A letter from the Congressional Re- Case 2003-D087] received April 28, 2005, pursu- mission’s final rule — Model Milestones for view Coordinator, APHIS, Department of Ag- ant to 5 U.S.C. 801(a)(1)(A); to the Committee NRC Adjudicatory Proceedings (RIN: 3150- riculture, transmitting the Department’s on Armed Services. AH71) received April 20, 2005, pursuant to 5 final rule — Brucellosis in Swine; Add Flor- 2264. A letter from the Senior Procurement U.S.C. 801(a)(1)(A); to the Committee on En- ida to List of Validated Brucellosis-Free Executive, OCAO, General Services Adminis- ergy and Commerce. 2275. A letter from the Acting Director, Of- States [Docket No. 05-009-1] received May 4, tration, transmitting the Administration’s fice of Congressional Affairs, Nuclear Regu- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the final rule — Federal Acquisition Circular latory Commission, transmitting the Com- Committee on Agriculture. 2005-04; Introduction — received April 28, 2255. A letter from the Secretary, Depart- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the mission’s final rule — Export and Import of ment of Agriculture, transmitting a draft Committee on Armed Services. Nuclear Equipment and Material; Exports to bill ‘‘To amend the United States Grain 2265. A letter from the General Counsel/ Syria Embargoed (RIN: 3150-AH67) received Standards Act to extend the authority of the FEMA, Department of Homeland Security, June 3, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on International Rela- Secretary of Agriculture to collect fees to transmitting the Department’s final rule — tions. cover administrative and supervisory costs, List of Communities Eligible for the Sale of 2276. A letter from the Secretary, Depart- Flood Insurance [Docket No. FEMA-7776] re- to extend the authorization of appropria- ment of Veterans Affairs, transmitting the ceived May 9, 2005, pursuant to 5 U.S.C. tions for such Act, and for other purposes’’; semiannual report on activities of the In- 801(a)(1)(A); to the Committee on Financial to the Committee on Agriculture. spector General for the period October 1, 2256. A letter from the Acting Comptroller, Services. 2004, through March 31, 2005, pursuant to 5 Department of Defense, transmitting written 2266. A letter from the Assistant General U.S.C. app. (Insp. Gen. Act) section 5(b); to notification of advance billing, reasons for Counsel for Regulations, Department of the Committee on Government Reform. the advance billing, an analysis of the effects Housing and Urban Development, transmit- 2277. A letter from the Administrator, Gen- of the advance billing on military readiness, ting the Department’s final rule — Revised eral Services Administration, transmitting and an analysis of the effects of the advance Guidelines for Previous Participation Cer- an informational copy of an alteration in billing on the customer, pursuant to 10 tification [Docket No. FR-4870-F-02] (RIN: leased space prospectus for the James L. U.S.C. 2208; to the Committee on Armed 2502-AI10) received April 25, 2005, pursuant to King Federal Building in Miami, FL; to the Services. 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- Committee on Government Reform. 2257. A letter from the Principal Deputy nancial Services. 2278. A letter from the Deputy Archivist, Under Secretary for Personnel and Readi- 2267. A letter from the Assistant General National Archives and Records Administra- ness, Department of Defense, transmitting Counsel for Regulations, Department of tion, transmitting the Administration’s final authorization of Lieutenant General Ronald Housing and Urban Development, transmit- rule — NARA Facility Locations and Hours E. Keys, United States Air Force, to wear ting the Department’s final rule — Treble (RIN: 3095-AB47) received May 5, 2005, pursu- the insignia of the grade of general in ac- Damages for Failure To Engage in Loss Miti- ant to 5 U.S.C. 801(a)(1)(A); to the Committee cordance with title 10, United States Code, gation [Docket No. FR-4553-F-03] (RIN: 2501- on Government Reform. section 777; to the Committee on Armed AC66) received May 4, 2005, pursuant to 5 2279. A letter from the Acting Director, Of- Services. U.S.C. 801(a)(1)(A); to the Committee on Fi- fice of Personnel Management, transmitting 2258. A letter from the Principal Deputy nancial Services. the Office’s final rule — Employment of Rel- Under Secretary for Personnel and Readi- 2268. A letter from the Assistant General atives (RIN: 3206-AK03) received April 26, ness, Department of Defense, transmitting Counsel for Regulations, Department of 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the authorization of Vice Admiral Gary Housing and Urban Development, transmit- Committee on Government Reform. Roughead, United States Navy, to wear the ting the Department’s final rule — Schedule 2280. A letter from the Acting Director, Of- insignia of the grade of admiral in accord- for Submission of One-Time and Up-Front fice of Personnel Management, transmitting ance with title 10, United States Code, sec- Mortgage Insurance Premiums [Docket No. the Office’s final rule — Prevailing Rate Sys- tion 777; to the Committee on Armed Serv- FR-4690-F-02] (RIN: 2502-AH67) received April tems; Environmental Differential Pay for ices. 25, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Asbestos Exposure (RIN: 3206-AK64) received 2259. A letter from the Principal Deputy the Committee on Financial Services. May 4, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Under Secretary for Personnel and Readi- 2269. A letter from the Director, Office of to the Committee on Government Reform. ness, Department of Defense, transmitting Legislative Affairs, Federal Deposit Insur- 2281. A letter from the Deputy Assistant authorization of Major General Charles E. ance Corporation, transmitting the Corpora- Administrator for Operations, NMFS, Na- Croom, Jr., United States Air Force, to wear tion’s final rule — International Banking tional Oceanic and Atmospheric Administra- the insignia of the grade of lieutenant gen- (RIN: 3064-AC85) received April 21, 2005, pur- tion, transmitting the Administration’s final eral in accordance with title 10 United suant to 5 U.S.C. 801(a)(1)(A); to the Com- rule — Pacific Halibut Fisheries; Catch Shar- States Code, section 777; to the Committee mittee on Financial Services. ing Plan; Fisheries off West Coast States and on Armed Services. 2270. A letter from the General Counsel, in the Western Pacific; Pacific Coast 2260. A letter from the Principal Deputy National Credit Union Administration, Groundfish Fishery; Specifications and Man- Under Secretary for Personnel and Readi- transmitting the Administration’s final rule agement Measures; Inseason [Docket No. ness, Department of Defense, transmitting — Loan Interest Rates — received April 25, 050125016-5097-02; I.D. 011805C] (RIN: 0648- authorization of Major General Clyde A. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the AS61) received May 4, 2005, pursuant to 5 Vaughn, Army National Guard of the United Committee on Financial Services. U.S.C. 801(a)(1)(A); to the Committee on Re- States, to wear the insignia of the grade of 2271. A letter from the General Counsel, sources. lieutenant general in accordance with title National Credit Union Administration, 2282. A letter from the Acting Assistant 10, United States Code, section 777; to the transmitting the Administration’s final rule Secretary for Legislative Affairs, Depart- Committee on Armed Services. — Conversion of Insured Credit Unions to ment of State, transmitting the designation 2261. A letter from the Director, Defense Mutual Savings Banks — received May 5, as ‘‘foreign terrorist organization’’ pursuant Procurement and Acquisition Policy, De- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the to Section 219 of the Immigration and Na- partment of Defense, transmitting the De- Committee on Financial Services. tionality Act, pursuant to 8 U.S.C. 1189; to partment’s final rule — Defense Federal Ac- 2272. A letter from the Deputy Secretary, the Committee on the Judiciary. quisition Regulation Supplement; Reporting Securities and Exchange Commission, trans- 2283. A letter from the Acting Assitant Contract Performance Outside the United mitting the Commission’s final rule — Secretary for Legislative Affairs, Depart- States [DFARS Case 2004-D001] received Amendment to Rule 4-01(a) of Regulation S- ment of State, transmitting an amendment April 26, 2005, pursuant to 5 U.S.C. X Regarding the Compliance Date for State- to a designation as ‘‘foreign terrorist organi- 801(a)(1)(A); to the Committee on Armed ment of Financial Accounting Standards No. zation’’ pursuant to Section 219 of the Immi- Services. 123 (Revised 2004), Share-Based Payment [Re- gration and Nationality Act, pursuant to 8 2262. A letter from the Director, Defense lease Nos. 33-8568, 34-51558; 35-27959; IC-26833; U.S.C. 1189; to the Committee on the Judici- Procurement and Acquisition Policy, De- FR-74] (RIN: 3235-AJ39) received April 18, ary.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A09JN7.044 H09PT1 H4354 CONGRESSIONAL RECORD — HOUSE June 9, 2005 2284. A letter from the Senior Vice Presi- cotic drug in schedule III or IV to be ex- the Workforce, and in addition to the Com- dent, Girl Scouts of the United States of ported from the United States to a country mittee on Ways and Means, for a period to be America, transmitting the Girl Scouts of the for subsequent export from that country to subsequently determined by the Speaker, in United States of America 2004 Annual Re- another country, if certain conditions are each case for consideration of such provi- port, pursuant to Public Law 105–225 section met; with amendments (Rept. 109–115 Pt. 1). sions as fall within the jurisdiction of the 803 112 stat. 1362; to the Committee on the Ordered to be printed. committee concerned. Judiciary. Mr. BARTON: Committee on Energy and By Mr. BOEHNER: 2285. A letter from the Assistant Adminis- Commerce. H.R. 869. A bill to amend the H.R. 2831. A bill to amend title I of the Em- trator for Procement, National Aeronautics Controlled Substances Act to lift the patient ployee Retirement Income Security Act of and Space Administration, transmitting the limitation on prescribing drug addiction 1974 and the Internal Revenue Code of 1986 to Administration’s final rule — NASA Grant treatments by medical practitioners in group make improvements in benefit accrual Cooperative Agreement Handbook — Re- practices, and for other purposes (Rept. 109– standards; to the Committee on Education search Misconduct. (RIN: 2700-AD11) received 116 Pt. 1). Ordered to be printed. and the Workforce, and in addition to the April 25, 2005, pursuant to 5 U.S.C. Mr. POMBO: Committee on Resources. Committee on Ways and Means, for a period 801(a)(1)(A); to the Committee on Science. H.R. 517. A bill to reauthorize the Secure to be subsequently determined by the Speak- 2286. A letter from the Assistant Adminis- Rural Schools and Community Self-Deter- er, in each case for consideration of such pro- trator for Procurement, National Aero- mination Act of 2000, and for other purposes visions as fall within the jurisdiction of the nautics and Space Administration, transmit- (Rept. 109–117 Pt. 1). Ordered to be printed. committee concerned. ting the Administration’s final rule — NASA f By Mrs. KELLY: Grant and Cooperative Agreement Handbook H.R. 2832. A bill to establish certain condi- — Research Misconduct (RIN: 2700-AD11) re- TIME LIMITATION OF REFERRED tions on the Secretary of Veterans Affairs ceived May 12, 2005, pursuant to 5 U.S.C. BILL implementing any recommendation of the 801(a)(1)(A); to the Committee on Science. CARES Commission that would have the ef- 2287. A letter from the Deputy Assistant Pursuant to clause 2 of rule XII the fect of eliminating or severely reducing any Administrator, OAR, National Oceanic and following action was taken by the medical service provided to veterans Atmospheric Administration, transmitting Speaker: throughout the United States at Department the Administration’s final rule — NOAA Cli- H.R. 184. Referral to the Committee on the of Veterans Affairs medical facilities; to the mate and Global Change Program for FY 2006 Judiciary extended for a period ending not Committee on Veterans’ Affairs. [Docket No.: 000616180-5104-11] received April later than July 11, 2005. By Mr. BROWN of South Carolina: 28, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 869. Referral to the Committee on the H.R. 2833. A bill to suspend temporarily the the Committee on Science. Judiciary extended for a period ending not duty on NaMBT; to the Committee on Ways 2288. A letter from the Director, Regula- later than July 11, 2005. and Means. tions Management, Office of Regulation Pol- By Mr. KANJORSKI (for himself, Mr. f icy and Management, VA, Department of MORAN of Virginia, Mr. WYNN, Mr. Veterans Affairs, transmitting the Depart- PUBLIC BILLS AND RESOLUTIONS UDALL of Colorado, Mr. JEFFERSON, ment’s final rule — Elimination of Copay- Mrs. MALONEY, Mr. BISHOP of New ment for Smoking Cessation Counseling Under clause 2 of rule XII, public York, and Mr. OWENS): (RIN: 2900-AM11) received May 2, 2005, pursu- bills and resolutions were introduced H.R. 2834. A bill to assure quality and best ant to 5 U.S.C. 801(a)(1)(A); to the Committee and severally referred, as follows: value with respect to Federal construction on Veterans’ Affairs. By Mr. INSLEE (for himself, Mr. VAN projects by prohibiting the practice known 2289. A letter from the Director, Regula- HOLLEN, Mr. HOLT, Mr. ISRAEL, Mr. as bid shopping; to the Committee on Gov- tions Management, Office of Regulation Pol- HONDA, Mr. MCDERMOTT, Mr. LARSEN ernment Reform. icy and Management, VA, Department of of Washington, Mr. JACKSON of Illi- By Mr. GEORGE MILLER of California Veterans Affairs, transmitting the Depart- nois, Ms. SCHAKOWSKY, Mr. LANGEVIN, (for himself, Mr. KILDEE, Mr. OWENS, ment’s final rule — Veterans Education: Mr. GRIJALVA, Mr. EMANUEL, Ms. Mr. PAYNE, Ms. WOOLSEY, Mr. AN- Non-payment of VA Educational Assistance BALDWIN, Mr. GEORGE MILLER of Cali- DREWS, Mr. SCOTT of Virginia, Mr. to Fugitive Felons (RIN: 2900-AL79) received fornia, and Mr. SMITH of Wash- HINOJOSA, Mrs. MCCARTHY, Mr. May 17, 2005, pursuant to 5 U.S.C. ington): TIERNEY, Mr. KUCINICH, Mr. HOLT, Mr. 801(a)(1)(A); to the Committee on Veterans’ H.R. 2828. A bill to ensure that the United DAVIS of Illinois, Mr. GRIJALVA, Ms. Affairs. States leads the world in developing and MCCOLLUM of Minnesota, Mr. VAN 2290. A letter from the Acting Chief, Publi- manufacturing next generation energy tech- HOLLEN, Mr. RYAN of Ohio, Mr. cations and Regulations Branch, Internal nologies, to grow the economy of the United BISHOP of New York, Mr. BARROW, Revenue Service, transmitting the Service’s States, to create new highly trained, highly Ms. SLAUGHTER, Mr. CONYERS, Mr. final rule — Rulings and determination let- skilled American jobs, to eliminate Amer- BROWN of Ohio, Mr. CAPUANO, Mrs. ters. (Rev. Proc. 2005-23) received April 20, ican overdependence on foreign oil, and to JONES of Ohio, Mr. WEINER, Ms. LEE, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the address the threat of global warming; to the Ms. WATSON, Mr. WEXLER, Mr. HIG- Committee on Ways and Means. Committee on Energy and Commerce, and in GINS, Mr. ISRAEL, Ms. WASSERMAN 2291. A letter from the Secretary, Federal addition to the Committees on Science, SCHULTZ, Ms. CORRINE BROWN of Flor- Trade Commission, transmitting the Fourth Ways and Means, Financial Services, Trans- ida, Mr. BERMAN, Mr. CLEAVER, Ms. Annual report pursuant to the College Schol- portation and Infrastructure, Education and DELAURO, Mr. BACA, Mr. DELAHUNT, arship Fraud Prevention Act of 2000; jointly the Workforce, Government Reform, and Ag- Ms. BALDWIN, Mr. ABERCROMBIE, Mr. to the Committees on Education and the riculture, for a period to be subsequently de- FATTAH, Mr. FALEOMAVAEGA, Mr. Workforce and the Judiciary. termined by the Speaker, in each case for FORD, Mr. ETHERIDGE, Ms. ESHOO, Mr. 2292. A letter from the Secretary, Depart- consideration of such provisions as fall with- CUMMINGS, and Mr. FRANK of Massa- ment of Energy, transmitting the Annual in the jurisdiction of the committee con- chusetts): Report for calendar year 2004, entitled ‘‘De- cerned. H.R. 2835. A bill to amend the Elementary partment of Energy Activities Relating to By Mr. SOUDER (for himself and Mr. and Secondary Education Act of 1965, the the Defense Nuclear Facilities Safety TOM DAVIS of Virginia): Higher Education Act of 1965, and the Inter- Board,’’ as required by Section 316(b) of the H.R. 2829. A bill to reauthorize the Office of nal Revenue Code of 1986 to improve recruit- Atomic Energy Act of 1954, pursuant to 42 National Drug Control Policy Act; to the ment, preparation, distribution, and reten- U.S.C. 2286e(b); jointly to the Committees on Committee on Government Reform, and in tion of public elementary and secondary Energy and Commerce and Armed Services. addition to the Committees on the Judici- school teachers and principals, and for other f ary, Energy and Commerce, and Intelligence purposes; to the Committee on Education (Permanent Select), for a period to be subse- and the Workforce, and in addition to the REPORTS OF COMMITTEES ON quently determined by the Speaker, in each Committee on Ways and Means, for a period PUBLIC BILLS AND RESOLUTIONS case for consideration of such provisions as to be subsequently determined by the Speak- Under clause 2 of rule XIII, reports of fall within the jurisdiction of the committee er, in each case for consideration of such provisions as fall within the jurisdiction of the committees were delivered to the Clerk concerned. By Mr. BOEHNER (for himself, Mr. committee concerned. for printing and reference to the proper THOMAS, Mr. SAM JOHNSON of Texas, By Mr. BROWN of South Carolina: calendar, as follows: Mr. KLINE, Mr. MCKEON, Mr. TIBERI, H.R. 2836. A bill to extend the duty suspen- Mr. BARTON: Committee on Energy and and Mr. BOUSTANY): sion on Allyl isosulfocynate; to the Com- Commerce. H.R. 184. A bill to amend the H.R. 2830. A bill to amend the Employee mittee on Ways and Means. Controlled Substances Import and Export Retirement Income Security Act of 1974 and By Mr. BROWN of South Carolina: Act to provide authority to the Attorney the Internal Revenue Code of 1986 to reform H.R. 2837. A bill to extend the duty suspen- General to authorize any controlled sub- the pension funding rules, and for other pur- sion on sodium methylate powder; to the stance that is in schedule I or II or is a nar- poses; to the Committee on Education and Committee on Ways and Means.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\L09JN7.000 H09PT1 June 9, 2005 CONGRESSIONAL RECORD — HOUSE H4355 By Mr. BROWN of South Carolina: programs; and for other purposes; to the H.R. 2860. A bill to encourage Members of H.R. 2838. A bill to extend the duty suspen- Committee on Agriculture. Congress and the executive branch to be hon- sion on Trimethyl cyclo hexanol; to the By Ms. KAPTUR: est with the public about true on-budget cir- Committee on Ways and Means. H.R. 2845. A bill to suspend temporarily the cumstances, to exclude the Social Security By Mr. BROWN of South Carolina: duty on certain plain woven fabrics; to the trust funds and the Medicare hospital insur- H.R. 2839. A bill to extend the duty suspen- Committee on Ways and Means. ance trust fund from the annual Federal sion on 2,2-Dimethyl-3-(3-methyl- By Mr. LOBIONDO (for himself and Mr. budget baseline, to prohibit Social Security phenyl)proponal; to the Committee on Ways MCINTYRE): and Medicare hospital insurance trust funds and Means. H.R. 2846. A bill to ensure the continuation surpluses to be used as offsets for tax cuts or By Mr. CHABOT (for himself, Mr. NAD- and improvement of coastal restoration; to spending increases, and to exclude the Social LER, Mr. CANNON, and Mr. DELAHUNT): the Committee on Transportation and Infra- Security trust funds and the Medicare hos- H.R. 2840. A bill to amend title 5, United structure. pital insurance trust fund from official budg- States Code, to require that agencies, in pro- By Mrs. MYRICK: et surplus/deficit pronouncements; to the mulgating rules, take into consideration the H.R. 2847. A bill to extend the suspension of Committee on the Budget, and in addition to impact of such rules on the privacy of indi- duty on 1,3-Benzenedicarboxamide, N, N′-Bis the Committee on Ways and Means, for a pe- viduals, and for other purposes; to the Com- (2,2,6,6-tetramethyl-4-piperidinyl)-; to the riod to be subsequently determined by the mittee on the Judiciary. Committee on Ways and Means. Speaker, in each case for consideration of By Mr. FERGUSON (for himself, Mr. By Mrs. MYRICK: such provisions as fall within the jurisdic- STRICKLAND, Mr. LATOURETTE, Mr. H.R. 2848. A bill to extend the suspension of tion of the committee concerned. RYAN of Ohio, and Mr. ISSA): duty on reaction products of phosphorus tri- By Mr. UPTON (for himself and Ms. H.R. 2841. A bill to amend title XVIII of the chloride with 1,1′-biphenyl and 2,4-bis(1,1- ESHOO): Social Security Act to provide for coverage, dimethylethyl)phenol; to the Committee on H.R. 2861. A bill to reduce preterm labor as supplies associated with the injection of Ways and Means. and delivery and the risk of pregnancy-re- insulin, of home needle destruction devices By Mrs. MYRICK: lated deaths and complications due to preg- and the disposal of needles and lancets H.R. 2849. A bill to extend the suspension of nancy, and to reduce infant mortality caused through a sharps-by-mail or similar program duty on preparations based on by prematurity; to the Committee on Energy and Commerce. under part D of the Medicare Program; to ethanediamide, N-(2-ethoxyphenyl)-N′-(4- By Mrs. MILLER of Michigan: the Committee on Energy and Commerce, isodecylphenyl)-; to the Committee on Ways and in addition to the Committee on Ways H.J. Res. 53. A joint resolution proposing and Means. an amendment to the Constitution of the and Means, for a period to be subsequently By Mrs. MYRICK: determined by the Speaker, in each case for United States to provide that Representa- H.R. 2850. A bill to extend the suspension of tives shall be apportioned among the several consideration of such provisions as fall with- duty on 1-Acetyl-4-(3-dodecyl-2,5-dioxo-1- States according to their respective num- in the jurisdiction of the committee con- pyrrolidinyl)-2,2,6,6-tetramethylpiperidine; bers, counting the number of persons in each cerned. to the Committee on Ways and Means. State who are citizens of the United States; By Mr. FLAKE (for himself, Mr. By Mrs. MYRICK: to the Committee on the Judiciary. DREIER, Mr. SESSIONS, Mr. H.R. 2851. A bill to extend the suspension of By Mr. CONYERS (for himself, Mr. HENSARLING, Mr. HERGER, Mr. GAR- duty on 3-Dodecyl-1-(2,2,6,6-tetramethyl-4- STARK, Mr. MCDERMOTT, Mr. MORAN RETT of New Jersey, Mr. MILLER of piperidinyl)-2,5-pyrrolid nedione; to the Com- of Virginia, Mr. MEEHAN, Mrs. Florida, Mr. MCHENRY, Mr. CONAWAY, mittee on Ways and Means. MALONEY, Mr. SHERMAN, Mr. Mr. ADERHOLT, Mr. PENCE, Mr. By Mrs. MYRICK: SERRANO, Mr. BOUCHER, and Ms. FRANKS of Arizona, Mr. KING of Iowa, H.R. 2852. A bill to extend the suspension of WASSERMAN SCHULTZ): Mr. HOSTETTLER, Mr. SHADEGG, Mr. duty on Tetraacetylethylenediamine; to the H. Con. Res. 176. Concurrent resolution ex- NEUGEBAUER, Mr. WILSON of South Committee on Ways and Means. pressing the sense of the Congress that, as Carolina, Mr. GINGREY, Mr. SAM By Mrs. MYRICK: Congress and all Americans learned the iden- JOHNSON of Texas, Mrs. MYRICK, Mrs. H.R. 2853. A bill to extend the suspension of tity of ‘‘Deep Throat’’ as W. Mark Felt this MUSGRAVE, Mr. FEENEY, Mrs. CUBIN, duty on sodium petroleum sulfonate; to the week, it commends and honors W. Mark Felt Mr. AKIN, Mr. BARRETT of South Committee on Ways and Means. for his uncommon courage and bravery in ex- Carolina, Mr. BARTLETT of Maryland, By Mrs. MYRICK: posing major Government corruption and en- and Mr. RYUN of Kansas): H.R. 2854. A bill to extend the suspension of courages other FBI employees aware of H.R. 2842. A bill to require the Congres- duty on esters and sodium esters of wrongdoing to follow the lead of this model sional Budget Office and the Joint Com- parahydroxybenzoic acid; to the Committee whistleblower; to the Committee on the Ju- mittee on Taxation to use dynamic economic on Ways and Means. diciary. modeling in addition to static economic By Mrs. MYRICK: By Ms. DELAURO (for herself, Mrs. modeling in the preparation of budgetary es- H.R. 2855. A bill to extend the suspension of JOHNSON of Connecticut, Mr. SHAYS, timates of proposed changes in Federal rev- duty on Oxalic Anilide; to the Committee on Mr. LARSON of Connecticut, Mr. SIM- enue law; to the Committee on the Budget, Ways and Means. MONS, Ms. SLAUGHTER, Mrs. BIGGERT, and in addition to the Committees on Rules, By Mr. NEAL of Massachusetts: Mrs. CAPPS, Mr. WAXMAN, Mr. KOLBE, and Ways and Means, for a period to be sub- H.R. 2856. A bill to suspend temporarily the Mr. SCHIFF, Mrs. DAVIS of California, sequently determined by the Speaker, in duty on certain inflatable balls; to the Com- Mr. GRIJALVA, Mr. FILNER, Ms. each case for consideration of such provi- mittee on Ways and Means. ESHOO, Ms. BALDWIN, Mrs. MALONEY, sions as fall within the jurisdiction of the By Mr. ORTIZ: Mr. LARSEN of Washington, Ms. WAT- committee concerned. H.R. 2857. A bill to require the immediate SON, Ms. ZOE LOFGREN of California, By Mr. GENE GREEN of Texas: release, in unclassified form, of all docu- Mr. AL GREEN of Texas, Ms. H.R. 2843. A bill to prohibit the use of re- mentation and other information used by the WASSERMAN SCHULTZ, Mr. LANTOS, mote control locomotives to carry hazardous Secretary of Defense to prepare the rec- Mr. OWENS, Ms. JACKSON-LEE of materials, and for other purposes; to the ommendations submitted to Congress on Texas, Ms. EDDIE BERNICE JOHNSON of Committee on Transportation and Infra- May 13, 2005, regarding the closure and re- Texas, Mr. MCDERMOTT, Mr. TOWNS, structure. alignment of military installations in the Ms. SCHAKOWSKY, Ms. HARMAN, Mr. By Mr. HINCHEY (for himself, Mr. United States; to the Committee on Armed CAPUANO, Ms. CARSON, Mrs. MCCAR- LATHAM, Mr. SANDERS, Mr. MCNULTY, Services. THY, Ms. SOLIS, Mr. GEORGE MILLER Mr. FRANK of Massachusetts, and Mr. By Mr. PETRI: of California, Mr. STARK, Mr. BROWN AL GREEN of Texas): H.R. 2858. A bill to establish and strength- of Ohio, Mr. WEXLER, Mr. FARR, Ms. H.R. 2844. A bill to amend the National Nu- en postsecondary programs and courses in MCCOLLUM of Minnesota, Mr. ACKER- trition Monitoring and Related Research Act the subjects of traditional American history, MAN, Mr. INSLEE, and Mr. SANDERS): of 1990 to foster greater understanding of free institutions, and Western civilization, H. Res. 311. A resolution recognizing the human dietary eating patterns and food in- available to students preparing to teach importance of the decision of the Supreme take, physical activity level, food security, these subjects, and to other students; to the Court, Griswold v. Connecticut, which 40 dietary exposure, and nutritional status; to Committee on Education and the Workforce. years ago held that married couples have a provide timely information to public pro- By Mr. RYUN of Kansas (for himself constitutional right to use contraceptives, gram managers and private sector decision and Mr. WYNN): thereby recognizing the legal right of women makers to improve nutritional intake, phys- H.R. 2859. A bill to amend the to control their fertility through birth con- ical activity, health, productivity and other Servicemembers Civil Relief Act to provide trol and providing for vast improvements in measures of quality of life of Americans, improved interest rate relief for maternal and infant health and for signifi- based on scientifically established norms and servicemembers during periods of military cant reductions in the rate of unintended the knowledge and experience developed service; to the Committee on Veterans’ Af- pregnancy, and for other purposes; to the under the National Nutrition Monitoring and fairs. Committee on the Judiciary. Related Research Act of 1990 over the past By Mr. SMITH of Washington (for him- By Mr. GARY G. MILLER of California decade; to reauthorize nutrition monitoring self and Mr. INSLEE): (for himself, Mr. OXLEY, Mr. FRANK of

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Massachusetts, Mr. NEY, Ms. WATERS, H.R. 1262: Mr. SOUDER, Mr. CARNAHAN, and H.R. 2133: Mr. GRIJALVA and Mr. GEORGE and Ms. HARRIS): Mr. ANDREWS. MILLER of California. H. Res. 312. A resolution recognizing Na- H.R. 1264: Mr. DOYLE, and Mr. BERMAN. H.R. 2209: Mr. TANNER and Mr. BERRY. tional Homeownership Month and the impor- H.R. 1288: Mr. BLUNT, Mr. MACK, Mr. BROWN H.R. 2229: Mr. GREEN of Wisconsin, Mrs. JO tance of homeownership in the United of South Carolina, Mr. CHANDLER, and Mr. ANN DAVIS of Virginia, Ms. GINNY BROWN- States; to the Committee on Financial Serv- BILIRAKIS. WAITE of Florida, and Mr. ALEXANDER. ices. H.R. 1290: Mr. UDALL of New Mexico. H.R. 2317: Ms. WATSON and Mr. ISSA. f H.R. 1298: Mr. NEAL of Massachusetts, Mr. H.R. 2327: Mr. MCNULTY and Mr. WU. CALVERT, Mr. PALLONE, Mr. SOUDER, and Mr. H.R. 2349: Mr. CLAY. ADDITIONAL SPONSORS VISCLOSKY. H.R. 2359: Mr. CASE. Under clause 7 of rule XII, sponsors H.R. 1306: Mr. DOYLE, Mr. GRAVES, Mr. H.R. 2363: Mr. UDALL of Colorado. were added to public bills and resolu- BOYD, Mr. BERRY, Mr. FORD, and Mr. BRAD- H.R. 2387: Mr. CONAWAY, Mr. LEWIS of Ken- tions as follows: LEY of New Hampshire. H.R. 1310: Mr. BERMAN and Mr. STARK. tucky, Mr. HOSTETTLER, Mrs. CAPITO, and H.R. 11: Mr. THOMPSON of Mississippi, Mr. H.R. 1348: Ms. WOOLSEY and Ms. JACKSON- Mr. GREEN of Wisconsin. WHITFIELD, and Mr. STUPAK. LEE of Texas. H.R. 2389: Mr. KUHL of New York. H.R. 98: Mr. DELAY. H.R. 1355: Mr. PUTNAM. H.R. 2455: Ms. BALDWIN. H.R. 111: Mr. BILIRAKIS, Mr. POE, and Mr. H.R. 1402: Mr. BOUCHER and Ms. BALDWIN. H.R. 2498: Mr. BARROW, Ms. HERSETH, Mr. SMITH of Washington. H.R. 1406: Mr. SMITH of Washington. SALAZAR, Mrs. EMERSON, Mr. LATHAM, Mr. H.R. 136: Mr. AKIN. H.R. 1409: Mr. YOUNG of Alaska. GRAVES, Mr. MCHUGH, and Mr. FORD. H.R. 147: Mr. ENGLISH of Pennsylvania, Mr. H.R. 1424: Mr. BARROW. H.R. 2525: Mr. HIGGINS. KUHL of New York, and Mr. WILSON of South H.R. 2574: Ms. PRYCE of Ohio. Carolina. H.R. 1431: Mr. VAN HOLLEN, Mr. ROHR- ABACHER, and Mr. MORAN of Virginia. H.R. 2641: Mr. HOLT, Mrs. MCCARTHY, Mr. H.R. 181: Mr. PITTS, Mrs. BLACKBURN, Mr. FORD, and Mr. MENENDEZ. DOOLITTLE, Mr. HENSARLING, Mr. SHADEGG, H.R. 1456: Mr. PALLONE, Mr. DEFAZIO, and and Mr. BISHOP of Utah. Mr. CLEAVER. H.R. 2646: Mr. FLAKE, Mr. RYAN of Wis- H.R. 297: Mr. PLATTS and Mr. JACKSON of Il- H.R. 1540: Mr. PITTS. consin, Mrs. MUSGRAVE, and Mr. FRANKs of linois. H.R. 1554: Mr. SAXTON. Arizona. H.R. 356: Mr. ROGERS of Kentucky. H.R. 1578: Mr. TOWNS, Mr. ROTHMAN, Ms. H.R. 2648: Mr. NORWOOD. H.R. 398: Mr. SERRANO. FOXX, Mr. MANZULLO, Mrs. JOHNSON of Con- H.R. 2662: Mr. BACA and Ms. MOORE of Wis- necticut, Mr. DAVIS of Alabama, Mr. MATHE- H.R. 475: Mrs. MCCARTHY and Mr. SABO. consin. SON, and Mr. KIND. H.R. 476: Mrs. MCCARTHY. H.R. 2680: Mr. WELLER. H.R. 1582: Mr. STRICKLAND, Mr. EHLERS, H.R. 2688: Mr. RANGEL. H.R. 515: Mr. HINCHEY, Mr. MATHESON, and and Mr. KENNEDY of Rhode Island. Mr. PASTOR. H.R. 2694: Mr. LARSEN of Washington, Mr. H.R. 1588: Mr. LINCOLN DIAZ-BALART of OBERSTAR, and Mr. GRIJALVA. H.R. 535: Mr. LANTOS. Florida and Mr. PASTOR. H.R. 2695: Mrs. CHRISTENSEN, Mr. CLAY, Ms. H.R. 551: Mr. TIERNEY, Mr. WAXMAN, Mr. H.R. 1602: Mr. KUHL of New York, Ms. NEAL of Massachusetts, and Mrs. MALONEY. HART, and Mr. WELDON of Pennsylvania. LEE, Mr. TOWNS, Mr. PAYNE, Mr. SANDERS, Mr. CONYERS, Mrs. MCCARTHY, Mr. STRICK- H.R. 554: Mr. DAVIS of Kentucky. H.R. 1607: Mrs. KELLY. LAND, Mr. CLEAVER, and Ms. WATERS. H.R. 558: Mr. BILIRAKIS, Mrs. JONES of H.R. 1634: Mr. RYUN of Kansas, Mr. H.R. 2717: Mr. DAVIS of Illinois, Mr. RUSH, Ohio, Mr. CLEAVER, Mr. SMITH of Wash- REHBERG, and Mr. TIAHRT. ington, and Mr. BEAUPREZ. Mr. LEACH, Mr. ALLEN, Mr. FRANK of Massa- H.R. 1652: Mr. BACA. H.R. 583: Ms. KILPATRICK of Michigan. chusetts, Mr. PASTOR, Mr. MCCOTTER, Mr. H.R. 1671: Mr. RAHALL. H.R. 596: Ms. EDDIE BERNICE JOHNSON of EHLERS, Mr. MEEK of Florida, Mr. KIND, Mr. H.R. 1689: Mr. PRICE of Georgia. Texas and Mr. CULBERSON. MORAN of Virginia, Mr. CROWLEY, Ms. KAP- DDIE ERNICE OHNSON H.R. 602: Ms. PELOSI. H.R. 1696: Ms. E B J of TUR, Mrs. MCCARTHY, Mr. DAVIS of Alabama, Texas. H.R. 609: Mr. KLINE. Ms. HERSETH, Mr. DEFAZIO, Mr. YOUNG of H.R. 1697: Mr. DAVIS of Illinois. Alaska, Mr. RENZI, Mr. NEY, Ms. MCCOLLUM H.R. 699: Mr. LARSEN of Washington, Mr. of Minnesota, and Mr. KUHL of New York. UDALL of New Mexico, and Mr. NORWOOD. H.R. 1704: Ms. MCKINNEY, Mrs. CAPITO, Mr. MENENDEZ, Mr. RAMSTAD, Mr. CARNAHAN, and OWNS H.R. 719: Mr. TOWNS. H.R. 2737: Mr. T . Ms. MCCOLLUM of Minnesota. H.R. 809: Mr. GARRETT of New Jersey, Mr. H.R. 2793: Mr. GREEN of Wisconsin. H.R. 1712: Mrs. CHRISTENSEN, Mr. JONES of North Carolina, Mr. INGLIS of South H.R. 2811: Mr. CARNAHAN. DELAHUNT, Mr. GORDON, Mrs. LOWEY, Mr. Carolina, and Mr. CRENSHAW. H. Con. Res. 10: Mr. MCCOTTER. MEEKS of New York, Ms. SCHAKOWSKY, Mr. INDA A´ NCHEZ H.R. 818: Ms. L T. S of Cali- TIERNEY, Mr. UDALL of New Mexico, Mr. WU, H. Con. Res. 24: Mr. SABO. fornia. Mr. JEFFERSON, Mr. MCGOVERN, Mr. OLVER, H. Con. Res. 35: Mr. MCGOVERN and Ms. H.R. 819: Mr. CANTOR. Mr. SABO, Ms. MCCOLLUM of Minnesota, Mr. BALDWIN. H.R. 827: Mr. PASCRELL. KUCINICH, Mr. HINCHEY, Mr. DEFAZIO, Mr. H. Con. Res. 50: Mr. BACHUS. H.R. 831: Mrs. CHRISTENSEN and Mr. EVANS. MCDERMOTT, and Mr. DAVIS of Illinois. H. Con. Res. 91: Mr. BILIRAKIS. H.R. 864: Mr. WYNN and Mr. ISRAEL. H.R. 1714: Mr. SMITH of Texas. H. Con. Res. 144: Mr. SAM JOHNSON of H.R. 893: Mr. REYES, Mr. WEXLER, Mr. H.R. 1737: Mr. DAVIS of Florida and Mr. Texas. FALEOMAVAEGA, Mr. CONYERS, Ms. WATERS, BERMAN. H. Con. Res. 158: Ms. MILLENDER-MCDON- Mr. WAXMAN, and Mr. COSTA. H.R. 1770: Mr. FRANKS of Arizona and Ms. ALD. H.R. 916: Mr. WHITFIELD, Mr. HUNTER, and GINNY BROWN-WAITE of Florida. H. Con. Res. 172: Mr. BARROW. Mr. NORWOOD. H.R. 1798: Mr. SAXTON. H. Res. 199: Mr. TOM DAVIS of Virginia and H.R. 930: Mr. THOMPSON of California and H.R. 1850: Mr. WELDON of Pennsylvania. Mr. OLVER. Mr. DUNCAN. H.R. 1851: Mr. RADANOVICH. H. Res. 220: Mr. LIPINSKI, Ms. KAPTUR, Mr. H.R. 949: Mr. VAN HOLLEN, Ms. JACKSON- H.R. 1872: Mr. PORTER and Mr. MORAN of EMANUEL, Mr. BROWN of Ohio, Ms. BALDWIN, LEE of Texas, Mr. MCNULTY, Mr. WAXMAN, Kansas. Mrs. KELLY, and Mr. MELANCON. Mr. CROWLEY, Mr. MARSHALL, Mrs. LOWEY, and Mr. BRADY of Pennsylvania. H.R. 1898: Mrs. JO ANN DAVIS of Virginia, H. Res. 259: Mrs. MALONEY, Mr. Mrs. CAPITO, Mr. CONYERS, Mr. PENCE, and H.R. 1048: Ms. MILLENDER-MCDONALD. MCDERMOTT, Mr. DAVIS of Illinois, Ms. CAR- Mr. PLATTS. SON, Ms. KILPATRICK of Michigan, Ms. LEE, H.R. 1056: Ms. JACKSON-LEE of Texas and H.R. 1902: Ms. MCKINNEY. Mr. THOMPSON of Mississippi, Ms. JACKSON- Mr. MCGOVERN. H.R. 1946: Mr. TIERNEY. LEE of Texas, Ms. CORRINE BROWN of Florida, H.R. 1108: Mr. FILNER and Mr. JACKSON of Mr. WATT, Mr. JEFFERSON, Mr. CUMMIMGS, Illinois. H.R. 1957: Mr. FORBES and Mr. BOUSTANY. H.R. 1961: Mrs. TAUSCHER. Ms. NORTON, Mr. BUTTERFIELD, Mr. BISHOP of H.R. 1125: Mr. LEVIN and Mr. FRANK of Mas- Georgia, and Mr. WYNN. sachusetts. H.R. 1973: Mr. BAIRD and Mr. BUTTERFIELD. H. Res. 297: Mr. BEAUPREZ. H.R. 1131: Mr. GERLACH, Mr. RYAN of Ohio, H.R. 1986: Mr. BILIRAKIS and Mr. FRANKS of Mr. GEORGE MILLER of California, and Mr. Arizona. f MILLER of Florida. H.R. 2034: Mr. KUHL of New York, Mr. KING- DISCHARGE PETITIONS— H.R. 1175: Mr. DEFAZIO. STON, Mr. DAVIS of Tennessee, Mr. PEARCE, ADDITIONS OR DELETIONS H.R. 1183: Mr. LEACH. and Mr. NORWOOD. H.R. 1186: Mr. SIMPSON, Mr. LAHOOD, Mr. H.R. 2061: Mr. HOLDEN, Mr. FORD, Mr. MAN- The following Members added their RADANOVICH, and Mr. CALVERT. ZULLO, and Miss MCMORRIS. names to the following discharge peti- H.R. 1201: Mr. PRICE of North Carolina. H.R. 2072: Ms. WOOLSEY, and Mrs. LOWEY. tions: H.R. 1216: Mr. BRADLEY of New Hampshire. H.R. 2089: Mr. MANZULLO, Mr. LATHAM, and Petition 2 by Mr. MARSHALL on House H.R. 1227: Mr. DOGGETT, Mr. HINOJOSA, and Mr. BEAUPREZ. Resolution 270: Charles A. Gonzalez, Melissa Ms. JACKSON-LEE of Texas. H.R. 2108: Mr. HIGGINS. L. Bean, Lincoln Davis, Jerry F. Costello, H.R. 1245: Mr. CASTLE, Mrs. WILSON of New H.R. 2112: Mr. PENCE, Mr. ALEXANDER, and Nita M. Lowey, Eliot L. Engel, Solomon P. Mexico, Mr. DENT, Mr. CANNON and Mr. Mr. SOUDER. Ortiz, Luis V. Gutierrez, John D. Dingell, WAMP. H.R. 2122: Mr. GRIJALVA. and Robert Wexler.

VerDate Aug 04 2004 01:43 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 7634 Sfmt 8472 E:\CR\FM\L09JN7.100 H09PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, JUNE 9, 2005 No. 76 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING RECOGNITION OF THE MAJORITY called to order by the Honorable JOHN PRESIDENT PRO TEMPORE LEADER E. SUNUNU, a Senator from the State of The PRESIDING OFFICER. The The ACTING PRESIDENT pro tem- New Hampshire. clerk will please read a communication pore. The majority leader is recog- The PRESIDING OFFICER. Today’s to the Senate from the President pro nized. prayer will be offered by the guest tempore (Mr. STEVENS). f chaplain, Bishop Geralyn Wolf of the The legislative clerk read the fol- SCHEDULE Episcopal Diocese of Rhode Island, lowing letter: Providence, RI. Mr. FRIST. Mr. President, this morn- U.S. SENATE, ing we will return to the nomination of PRESIDENT PRO TEMPORE, PRAYER Washington, DC, June 9, 2005. William Pryor to be a judge of the Eleventh Circuit. Yesterday, cloture The guest Chaplain offered the fol- To the Senate: was invoked by a vote of 76 to 32, and lowing prayer: Under the provisions of rule 1, paragraph 3, of the Standing Rules of the Senate, I hereby we will have the vote on the Pryor Almighty God, to the poor, You have appoint the Honorable JOHN E. SUNUNU, a nomination at 4 p.m. today. Following united us to bring uncommon hope; to Senator from the State of New Hampshire, that vote, we will turn to the consider- innocent captives, release; to the blind, to perform the duties of the Chair. ation of the two Sixth Circuit nomina- vision, stretching boundaries of imagi- TED STEVENS, tions that are pending on the Execu- President pro tempore. nation. tive Calendar, with the time allotted The poor in every land stretch out Mr. SUNUNU thereupon assumed the for the Griffin and McKeague nomina- empty bowls, and we do not fill them; chair as Acting President pro tempore. tions totalling 10 hours. However, it is political captives seek justice, and we The ACTING PRESIDENT pro tem- my hope and expectation that much of respond through the captivity of fear; pore. The Senator from Rhode Island. that time can be yielded back and that the sick yearn for healing arts, yet the we can have those votes either very cries of children still prevail. f late this afternoon or early this O gracious God, You gave us a rich evening. On Monday, we will debate the heritage of compromise, and we cling WELCOMING THE GUEST nomination of Tom Griffith to be judge unyieldingly to personal truths; You CHAPLAIN for the D.C. Circuit Court, with that gave us a world abundant in resources, vote occurring Monday evening. and we squander our inheritance; You Mr. REED. Mr. President, may I say That is an overview of today, pretty gave us wisdom and insight, and our how proud I am of Bishop Wolf, not much as we have agreed earlier in the disagreements sound like loud-clanging only for her prayer but for her extraor- week, and the expected votes. We will symbols. dinary service to the people of the update Members over the course of the O God, forgive us. Release the fires of Rhode Island diocese. Bishop Wolf is a day of changes in the schedule and defi- integrity that dwell within the hearts remarkable person, a remarkable pas- nitely what the schedule will be on of this great Chamber, and make us ur- tor but also a remarkable individual. Monday. And then we will follow that gent to mend the torn fabric of peace, Unlike many people who would be con- with the energy legislation. Following to stretch courageously beyond polit- tent with the trappings of their ecclesi- the remarks from the Democratic lead- ical comfort, and to bring holy bless- astical office, she actually has lived er, I have a short statement on energy. with the homeless in New York, Rhode ings to all God’s people everywhere. f Amen. Island, and Philadelphia. She endured what they endured, she saw their suf- RECOGNITION OF THE MINORITY fering. She bore witness to their suf- LEADER f fering not only in her experiences but The ACTING PRESIDENT pro tem- her work in Rhode Island. She is a re- pore. The Democratic leader is recog- PLEDGE OF ALLEGIANCE markable woman who leads by example nized. The Honorable JOHN E. SUNUNU led literally and constantly reminds us of f the Pledge of Allegiance, as follows: our obligations not just to ourselves but to our neighbors. We are very EXPRESSING APPRECIATION I pledge allegiance to the Flag of the United States of America, and to the Repub- proud to have her as our Episcopal Mr. REID. Mr. President, as the lic for which it stands, one nation under God, bishop. Chair and distinguished majority lead- indivisible, with liberty and justice for all. I yield the floor. er know, I am sorry we have spent so

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

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VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6244 CONGRESSIONAL RECORD — SENATE June 9, 2005 much time on judges, but the fact is I that process in the early days of next more diverse energy series of sources. wish to express my appreciation to week. We have to look to new technologies Democratic Senators for being so coop- f here at home. Yes, absolutely we need erative. Since the agreement was made to conserve more, and we also need to ENERGY INDEPENDENCE a week or two ago, my Senators have produce more in order to enhance our been so cooperative. Senator LEAHY Mr. FRIST. Mr. President, I do wish energy independence and to enhance has had to change his whole schedule to comment just a bit further on en- our energy security. around this Monday to take care of the ergy, really as a prelude to what we One of the primary energy challenges Griffith nomination. There has been an will be spending a lot of time on begin- we face is this reliance on foreign oil. agreement made that we are not going ning hopefully Monday and then spend- In the 1960s and early 1970s, the United to use all the time on Pryor. ing the course of that week into the States produced almost as much oil as I also express my appreciation to next week, and that is the issue sur- we consumed, and during that period of Senators LEVIN and STABENOW for al- rounding gasoline prices, natural gas time imports were very small. In 1972, lowing us to move forward on the prices, concerns that individuals think however, U.S. oil production began to Michigan judges. In spite of the fact about every single day as they turn on decline, and that production has been that there are some hurt feelings as a the lights in their home, as they go to declining steadily ever since. The U.S. result of the way the Michigan Sen- work, on the way filling up the gas consumption of oil has been steadily ators were treated, they have agreed to tank of their automobile with gasoline, increasing. So we have declining pro- set those aside and move forward on as they use energy sources over the duction and increasing consumption. these two individuals. From all I have course of the day in the activity of As a result, our reliance—this I been able to determine, the two Michi- their small business, and that is the would say irresponsible reliance that gan judges coming before us are well energy challenges that are before us, we have today on foreign oil, on im- qualified, and there will not be any have been before us. Now is the time to ported oil—is growing. Ten years ago, rancorous debate about either one of address them, and that we will. in 1995, we were 47 percent dependent them. But I just want the majority With gasoline now averaging over $2 on foreign sources of oil. Today, that 47 leader to know that we have moved for- a gallon, anyone who has gone to the percent has grown to a 56-percent de- ward on these matters as expeditiously pump lately feels that impact, they pendence on foreign sources of oil. If as possible, in spite of the relatively feel that squeeze of higher energy you project that out, by 2025, if we do difficult time we have had arriving at prices. It is costing families who have nothing, we will be 68-percent depend- this point. driven to work this morning more and ent on foreign oil; much of it, as we all I look forward next week to a vig- more just to get to work, over the last know, coming from countries that do orous debate on the Energy bill. It is several years costing them more to go not necessarily have our best interests great that we are going to be legis- pick up their kids from school in the at heart. lating here for a change. This is an ex- afternoon, or as many people prepare Today we import most of our oil from tremely important piece of legislation. for summer vacations costing them Canada, Venezuela, Saudi Arabia, and I am also indicating to all those within more because of this increase in energy Mexico. However, as we look forward, the sound of my voice how appre- prices. It is not just the gasoline prices the Department of Energy’s Energy In- ciative—I don’t think the word that are climbing. We have rising nat- formation Administration did project ‘‘proud’’ is right but how appre- ural gas prices that have been driving more and more of the oil we need will ciative—I am of the work of Senators up electric bills in the last 4 months, come from the OPEC countries in the BINGAMAN and DOMENICI to get the bill higher electric bills for everybody, es- Middle East. to this point. pecially families and small businesses. We must take steps to reduce our de- We haven’t had such cooperation on As energy costs take a bigger and pendence on foreign countries and en- this committee in many years. We have bigger bite in the family budgets, fami- hance our energy security at home. a bill now that was reported out by a lies are able to spend less on other ne- When we rely on other nations for heavy margin of the committee, and I cessities in their lives, whether it is more than half of our oil supply, we think as a result of that we will have food or shelter or health care. As elec- simply put ourselves at greater risk. some vigorous debate. There are some tric bills consume more and more of While there is no silver bullet that things on this side we believe should be the small companies’ assets or their can make us 100-percent energy inde- done differently, but that is what legis- bottom lines, they invest less, they in- pendent in the near future, there is a lation is all about. Again, having spent vest less in inventory or in capital ex- lot we can do right now to reduce our most of my life as a legislator, I look penditures, or they invest less in how dependence and enhance our security. forward to the Senate returning to much they can pay employees working Much of it will be addressed on the what it does best. for that small business. In order to floor in the next 2 weeks. Mr. FRIST. Mr. President, I think keep our economy strong, and it does Everything should be on the table, this 4-week period does demonstrate translate down into jobs, making oth- including increasing conservation, en- the Senate responding to the American ers’ lives more fulfilling every day, we hancing energy efficiency, investing in people and what they expect, the fact must rely on a reliable and affordable new technologies that will allow us to that this week we are moving forward and secure supply of energy, reliable, both use energy more wisely and tap on judges, which people know has been affordable, and secure. That is the pur- new sources of energy, and finally, in- very contentious over the last several pose of the Energy bill that will be creasing domestic production of energy weeks, months, and even the last cou- brought to the floor of the Senate early sources at home. The transportation ple years. We are making great next week. sector is a prime example. Nearly 70 progress working hand in hand on both Right now, we face enormous chal- percent of the oil we use goes to power sides of the aisle and delivering what lenges, huge challenges. We have not the cars and trucks we drive every day. the American people want and expect. had a comprehensive national energy If we are serious about reducing our de- As the Democratic leader said, we will policy or energy strategy, cohesive pendence on foreign oil, we must look be returning to an issue I know we care strategy in over 10 years. This has con- for new ways to fuel our vehicles. We extremely about. We have not been tributed to the higher prices. It has are already doing this with the hybrid able to make progress in several years. threatened our ability to maintain a cars—they are becoming more and Because of the work of the two leaders, reliable, affordable, and secure supply more popular, as we all know—and Senators DOMENICI and BINGAMAN, they of energy for the future. The fact is with alternative fuels, such as ethanol have delivered an energy bill in a bi- that—and it is probably the easiest and biodiesel. partisan way that will come to the thing to remember when you start We must continue to move in this di- Senate floor and be fully debated. We talking about energy other than the rection by continuing to invest in hy- will be spending next week, week and a impact it has on everybody in everyday drogen fuel cell research. President half, 2 weeks on the bill for debate, of- life—we are too dependent on foreign Bush has stressed this again and again, fering amendments, and we will start sources of energy. We have to look to a and he has said his goal is that today’s

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6245 children will take their driver’s test in EXECUTIVE SESSION graduating senior can have. To be se- a zero-emission vehicle. That would go lected as that in a fine law school such a long way toward helping to reduce as Tulane is a great achievement. our dependence and enhance our secu- NOMINATION OF WILLIAM H. After he left law school, he clerked rity. PRYOR, JR., TO BE UNITED for Circuit Judge John Minor Wisdom, STATES CIRCUIT JUDGE FOR a well-known champion of civil rights Natural gas is another energy source THE ELEVENTH CIRCUIT we depend on heavily and is another in the Federal court system—at that time in the old Fifth Circuit. Now it area in which we are, unfortunately, The PRESIDING OFFICER. Under has been divided to become the Elev- becoming increasingly reliant on for- the previous order, the Senate will pro- enth Circuit. Judge John Minor Wis- eign imports. Because natural gas is ceed to executive session to resume dom was a circuit court judge in the clean burning and relatively cheap, it consideration of Calendar No. 100, 1950s and 1960s when much of segrega- has been the fuel of choice for new which the clerk will report. The assistant legislative clerk read tion was brought to an end by Federal electric power generation in recent court action. Bill Pryor was positively years. Sixty percent of American the nomination of William H. Pryor, Jr., of Alabama, to be United States impacted by his experiences, working homes are now heated and cooled with with Judge Wisdom, and is a passionate natural gas. But while that demand has Circuit Judge for the Eleventh Circuit. The PRESIDING OFFICER. Under believer in equal rights and equal jus- been growing, domestic supply has re- the previous order, the time from now tice, and he has a record to dem- mained essentially flat. In 2003, we im- until 10:30 shall be under the control of onstrate that commitment. ported 15 percent of the gas we used. the majority leader or his designee. He practiced law with one of Ala- By 2025, that number will nearly dou- The Senator from Alabama is now bama’s fine law firms before becoming ble. recognized. assistant attorney general when I was We simply cannot continue on this Mr. SESSIONS. Mr. President, I am elected attorney general. He handled path, and that is why we are bringing delighted to be able to speak on behalf the constitutional issues in our office. this bill to the floor next week. We of William Pryor—Judge William He was smart, hard working, coura- need to take bold action in the Senate. Pryor now—for the position of U.S. Cir- geous, intelligent, fair and, more than It is what the American people expect; cuit Judge for the Eleventh Circuit anybody I know in the legal business it is what they deserve. This is exactly Court of Appeals. He is an extraor- today, was committed to the rule of what we will do. We will take that ac- dinary individual, a wonderful human law, to doing the right thing. That is tion in the Senate to address these en- being, a brilliant lawyer, a man of the his very nature. That is the way he was ergy challenges head on. highest integrity, who has won the re- raised. That is what he believes in and he will stand in there and do the right spect and support and confidence of the The bill that was reported out of the thing, no matter what others might people of Alabama to an extraordinary Energy Committee last month was say, time and time again. His record degree. Democrats, Republicans, Afri- done so on a bipartisan basis, and it is demonstrates his overriding belief that can Americans—the whole State of a step in the right direction. It likely the law is preeminent and it should be Alabama knows and respects him for will be amended and improved on the obeyed, even if he might disagree and the courage and integrity and commit- floor of the Senate next week. I, again, would like to see it different. I want to ment he brings to public service. thank Chairman DOMENICI and Senator show some of the things that dem- He was appointed attorney general to BINGAMAN for their tremendous work onstrate that. and for the cooperative spirit with fill my seat after I was elected to the I say this because it was alleged which they approached these issues. I Senate, and he has done a superb job as when his nomination came up that hope that same bipartisan spirit will attorney general. President Bush gave somehow he had strongly held beliefs, prevail on the floor and that we can get him a recess appointment to the Elev- or deeply held beliefs, and those deeply this important legislation to the Presi- enth Circuit Court of Appeals after his held beliefs were so powerful that, yes, dent as quickly as possible. nomination had been blocked here now he might be smart, he might be a good for over 2 years. So it has been a bur- Several of us had the opportunity to lawyer, he might be an honest man and den for me to feel the frustration that meet with the President yesterday, and all of these things people said he was, I know he and his family must endure this was at the very top of his list of but because he had strongly held be- as a result of the uncertainty of his issues that he expects us to address. liefs and believed something and had nomination process. I could not be Our goal is to get that legislation to some convictions and had some moral more pleased that he was one of the his desk for his signature as soon as we principles, that somehow that couldn’t nominees who was agreed upon to get a possibly can. be trusted. Maybe he wasn’t smooth cloture vote, a successful cloture vote enough. Maybe his beliefs were so America needs a policy that keeps and an up-or-down vote here in the our families safe, strong, and secure, a strong this would manipulate or cause Senate. That is a good decision by the him to manipulate the law and not be policy that keeps America moving for- 14 Senators who reached a consensus a fair adjudicator of the law. ward. on how they would approach this proc- I will share some thoughts about that Mr. President, I yield the floor and ess of confirmations. I could not be because I think what that overlooks is suggest the absence of a quorum. more pleased and proud that Judge Bill his fundamental belief and great The ACTING PRESIDENT pro tem- Pryor was part of the group that was strength as a judge and a lawyer, which pore. The clerk will call the roll. agreed upon by those Members of the is his belief in the law and the primacy Senate to get an up-or-down vote. of the law. He understands, fundamen- The legislative clerk proceeded to Bill Pryor is the kind of judge Amer- call the roll. tally, the greatness of our country, ica ought to have. He grew up in Mo- more than most people realize, is Mr. SESSIONS. Mr. President, I ask bile, AL, my hometown. He was edu- founded upon our commitment to law. unanimous consent the order for the cated in the Catholic school system. We were given a great heritage from quorum call be rescinded. His father was a band director at England. We have built upon that legal The PRESIDING OFFICER (Mr. MAR- McGill-Toolen High School, a vener- heritage. As I age and see the world, I TINEZ). Without objection, it is so or- able, large Catholic high school there. know this legal system is what makes dered. His mother taught in African-Amer- our country great. A person can go into ican schools. He went to law school at any court, a company can invest in any f Tulane University where he graduated State, and expect in this country they with honors, magna cum laude. He was will get a fair day in court. You don’t RESERVATION OF LEADER TIME editor-in-chief of the Tulane Law Re- have to bribe the judge; you don’t have view. I know the Presiding Officer, the to bribe the jury. You can expect a fair, The PRESIDING OFFICER. Under Senator from Florida, is a lawyer and just result, day in, day out, and it oc- the previous order, the leadership time understands that editor-in-chief of the curs in our courtrooms all over Amer- is reserved. Law Review is the highest honor a ica. It is a heritage of unparalleled

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6246 CONGRESSIONAL RECORD — SENATE June 9, 2005 value and we must uphold that herit- power over the district attorneys of the tion did not apply to the State of Ala- age. We must adhere to the ideal that State of Alabama, as given to him as bama with regard to those rights under law can be ascertained by a good judge attorney general, and on his own ini- the First Amendment. Many have tried and enforced consistently when liti- tiative—nobody made him do this—he to make that argument, but the Su- gants come before that judge. That is wrote the district attorneys in Ala- preme Court has held otherwise. what we pay judges to do. bama a letter and he instructed them— Though Judge Pryor had just been I want to say the first and foremost gave them instructions—to utilize only appointed attorney general by Gov- legal principle of Judge William Pryor a restrictive interpretation of that ernor James, he had the courage and is that a judge should follow the law, statute, because he concluded that por- followed his duty and just said no to and he has a record to demonstrate it, tions of the statute were overbroad and the Governor. He told the Governor he even when it disagrees with his per- unconstitutional. The pro-life forces in could not argue that the Establishment sonal views. Alabama were angry with this pro-life Clause did not apply to the States, be- First, on the issue of abortion, Judge attorney general because he had fol- cause the Supreme Court had already Pryor has made clear he personally lowed the law. He had restricted by his held that it did. The Governor then had does not believe in abortion. He does opinion the breadth of that statute; to hire his own lawyer to promote his not believe it is right. He believes it is one even said he gutted the statute. idea of the First Amendment. wrong. It is not just because he is a But he did the right thing in 1997, long In Attorney General Pryor’s brief to Catholic, it is not just that his views before he was ever considered for a the Federal court, he wrote, correctly, are consistent with the Pope’s or the Federal judgeship. that as attorney general, he spoke for Catholic Church of which he is a part, Three years later, the Supreme the State of Alabama and not Governor or many other churches and leaders in Court, in the Stenberg case, struck James who had just appointed him. our country, but he has thought about down further the partial-birth abortion Judge Pryor followed the rule of law this issue personally and deeply. He statutes of many States. Judge Pryor, again when Judge Roy Moore asked has given it serious consideration. He then-attorney general, wrote the dis- him to make certain arguments in de- has made a judgment that, in his view, trict attorneys another letter and told fense of the Ten Commandments statue life and freedom and liberty in our them the statute banning partial-birth that Judge Moore had placed in the country are diminished if the unborn abortions in Alabama was unconstitu- Alabama Supreme Court building. At- are not given protection. That is a le- tional. He did not have to do that. He torney General Pryor considered the gitimate position in America, held by believed personally that abortion was request and refused to make those ar- tens of millions of people and many wrong. He believed that partial-birth guments. He did not believe they were leaders in this country. Certainly no abortion was certainly wrong. But he consistent with Supreme Court prece- one can deny that. Certainly, because wrote them a letter and told them not dent and did not believe that the attor- someone believes the pro-life way is to even attempt to enforce the Ala- ney general for the State of Alabama the best way, they should not be dis- bama statute, because it had been held ought to make arguments that the Su- qualified from being a judge. unconstitutional by the Supreme Court preme Court had already rejected. He has concluded Roe v. Wade was of the United States. When Judge Moore ultimately re- not a principled constitutional deci- I don’t know that attorneys general fused to remove that statue of the Ten sion. Ruth Bader Ginsburg, the ACLU do that often. They do not have to do Commandments, as ordered by a Fed- lawyer who President Clinton nomi- that. They can let the district attor- eral judge, Attorney General Pryor was nated to the Supreme Court of the neys make their own decision. But he responsible for prosecuting Judge United States, has also raised ques- felt that was the right thing to do and Moore before the Judicial Inquiry Com- tions about the constitutional integ- he did so. In his letter he said: ‘‘You mission. It was his duty as attorney rity of Roe v. Wade. That is his view are obligated to obey Stenberg.’’ That general under the law to prosecute and about it. is a clear directive to them. present that case. He did so with fidel- What does that mean, though, when When there were threats on abortion ity to duty and effectiveness. The Com- it comes to court? Someone’s personal clinics, Judge Pryor held a high-profile mission made a decision and removed views on those matters obviously can- press conference in the State warning Chief Justice Moore duly elected by not be the test of whether a person will of prosecutions for those who partici- the people of the State of Alabama go on the bench. Personal views are not pated in those attacks. He said those from office as chief justice. the answer here. We cannot look at attacks on abortion clinics—although They said he is some sort of religious someone’s religious faith or their per- he certainly did not favor abortion extremist. It is just not so. He is com- sonal views and say: I disagree with clinics—were ‘‘despicable crimes’’ mitted, as you can see, to what the law your religious values here, I disagree against our fellow citizens that would says. In fact, after this controversy with your theology there, therefore not be tolerated and that he would over the prayer in schools with the you cannot be a judge in the United prosecute people who did so. Governor, Attorney General Pryor felt States of America. There are some who said his views on it was his duty to clarify for school Are we going to ask Muslim nomi- church and state are incorrect. I will boards and school principals all over nees to reject their faith before we dispute that. I will show he has been the State what the law actually was, so allow them to be confirmed, or some courageous in following the law of the he wrote them a letter defining what other religious entity with views dif- United States in this area, as well. could be done with student-led prayers ferent than I may have or someone else Former Gov. Fob James of Alabama, in school and what could not be done may have? Of course not. That cannot a strict constructionist, conservative, and what had been held unconstitu- be. The test for nominees always must and independent Governor if there ever tional by the Supreme Court. be: Do they respect the law and will was one—and he appointed Judge Pryor The Atlanta Journal-Constitution, a they follow it? to be the attorney general—wanted liberal newspaper in Atlanta, praised Judge Pryor’s record shows he will. Judge Pryor to defend prayer in him for his letter and his definition of In August of 1997, not long after I had schools. He thought that schools had a the appropriate and inappropriate ex- been elected to the Senate and he had right to have prayer. He wanted his at- pressions of religious faith in schools. become attorney general, Alabama torney general, whom he just ap- And, in fact, the Clinton administra- passed a partial-birth abortion ban to pointed, to defend it and go to court tion not long thereafter issued their ban partial-birth abortion—a particu- and to argue in court that the First own guidelines for schools incor- larly heinous act, in my view, there is Amendment says ‘‘Congress shall make porating much of what Attorney Gen- strong feeling that this is not a good no laws respecting the establishment of eral Pryor had put in his letter. and decent procedure and that it ought a religion or prohibiting the free exer- Some have said, in attacking him, to be eliminated. cise thereof.’’ In Governor James’s that he does not believe in racial equal- Judge Pryor certainly opposes par- view, that meant Congress could not ity; that he does not believe in voting tial-birth abortion. But as attorney pass any such laws, but the State of rights; and that he is out of the main- general he exercised his supervisory Alabama could and that the Constitu- stream with regard to those issues in

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6247 the State. Nothing could be further it. He did not make some of his friends, the legislature. Yesterday, I had him in from the truth. For example, on the and some of my friends, happy. They my office, an African-American State 40th anniversary of former Gov. George did not like that. senator who has been in the Senate for Wallace’s infamous speech in which he He defended it on a number of many years. I said: ‘‘Senator, do you said, on his inauguration, ‘‘segregation grounds. One was a technical proce- know an African American—I asked today, segregation tomorrow, segrega- dural basis of standing. He said the him, did he know of a single elected tion forever,’’ Bill Pryor was inaugu- plaintiffs did not have standing. They public official in the State who was op- rated as attorney general. He won by 60 went to the Eleventh Circuit Court of posed to Judge Pryor for this appoint- percent of the vote. In his inaugural Appeals, on which he now sits as a re- ment?’’ He said: ‘‘No, I don’t know of a speech he changed those famous words sult of an interim recess appointment, single one. They know he has given to his own philosophy. This is how he and they ruled against him. So the Re- them a fair shake, sometimes even to began his inaugural speech: ‘‘Equal jus- publicans said: Boy, this is over now. the point of taking serious criticism tice under the law today, equal justice We will win this thing. He said: No, the for it. He has been courageous and under the law tomorrow, equal justice court of appeals made an error. I be- steadfast in standing up for equal jus- under the law forever.’’ That is his lieve that you do not have standing to tice under the law, which is his guiding view. That is his belief. That is who he bring this suit. I believe your appeal is principle as a judge and as attorney is. It is absolutely unfair, wrong, and not, therefore, well taken. I believe I general.’’ even worse, really, to suggest other- have a duty as attorney general to de- There is almost, in fact, universal wise. fend the duly enacted laws of the State support for Judge Pryor. Former One of the things that was an issue in of Alabama. Democratic Governor Don Siegelman, the State raised by a State representa- He appealed to the U.S. Supreme Jerry Beasley, the State’s top trial tive, an African American, Alvin Court and won in the U.S. Supreme lawyer, one of the top trial lawyer Holmes, was that Alabama’s Constitu- Court defending a legislative reappor- Democrats in America, and virtually tion still had language in it that tionment plan that clearly favored every newspaper in the State supports banned interracial marriage, an old Democrats and African Americans. Judge Pryor. The very liberal Anniston segregationist provision. It was uncon- They appreciated that. They knew he Star newspaper, which supports the fil- stitutional, could not be enforced, but was a man of principle and integrity ibuster of judges here by Democrats, a the words were still in that constitu- and decency. They have appreciated fine newspaper, but they have been tion. Mr. Holmes believed it ought to those kind of acts they have seen him very much a Democratic newspaper— be taken out. carry out. they have supported the filibustering Attorney General Bill Pryor agreed He has taken a strong lead on rights of judges, which I certainly do not with him. He did not think that was for women as well as minorities. While agree with—but they support Judge right. He thought that was a blot and a he has been attacked in the Senate for Pryor. They say he ought to be con- stain on Alabama’s Constitution and it an argument he made regarding a tech- firmed. ‘‘He is the kind of person we ought to be removed. He took action to nical flaw that was in the Violence ought to have on the bench,’’ the An- do so. He mentioned it in his inaugural Against Women Act passed by this niston Star said. They know his record address as one of his priorities, and he Congress, his true record on women’s of independence and courage. They led the fight to remove it from Ala- issues is reflected in his history of know he is the kind of person we need bama’s Constitution. That has resulted fighting to protect women from domes- on the bench. in the steadfast support for his con- tic abuse. So in closing, I want to say that I be- firmation by State representative He is a supporter of Alabama’s Penel- lieve Judge Pryor has demonstrated Alvin Holmes, who said more than any ope House and participates in their time and again the kind of courage and other person—White officeholder in the yearly luncheon where they recognize commitment to principle that are the State—Judge Pryor stood up to remove the importance of partnering with law very values we need judges to possess. this stain from our constitution. enforcement to eradicate domestic We do not want people on the bench He said: ‘‘I’ll call anybody you want abuse. He testified before Congress in who do not have any beliefs. We do not me to. I’ll come to Washington to 2003, stressing the importance of the want people who do not have any val- speak on his behalf. This is a good Violence Against Women Act. He ues. man.’’ Alvin Holmes was arrested dur- championed a bill in Alabama to in- As LAMAR ALEXANDER, our colleague, ing the civil rights marches for stand- crease the penalties for repeat viola- once said, ‘‘Judge Pryor has shown ing up for freedom. No one in the State tions of protection from abuse orders courage in a Southern State unlike of Alabama will deny that he does not by judges for ordering people to cease anyone he has ever seen before.’’ He believe in equal justice and civil rights abusing their spouses. This is the true said it has almost looked like political and in progress for African-American record of Bill Pryor. He has been a suicide, some of the things he has done. citizens. leader in the fight against domestic But regardless of the cost, he has al- I have another example of Bill Pry- abuse throughout the State. He has in- ways done the right thing. That is or’s fairness in handling issues before credibly strong support by all the wom- what makes him an ideal candidate for the State. Republicans challenged a en’s groups who advocate that, includ- the Eleventh Circuit. State redistricting plan which, in fact, ing Judge Sue Bell Cobb on the Ala- He is brilliant. He loves the law. He is quite favorable to the Democrats. It bama Court of Criminal Appeals, who studies it. He cares about it. He wants was a gerrymandered plan that favored is a Democrat and who has fought for to see it be better and better and bet- the Democrats. For example, five out these women’s issues for years. ter. He will give his life to that, and of the seven Congressmen in Alabama What about other people in the you can take it to the bank. He will are Republican. The Governor and both State? How do they think of him? treat everybody before him fairly. Senators are Republicans. But only a Judge Pryor has won the support of I thank the Chair, yield the floor, third of the legislature are Repub- people such as Joe Reed, probably the and suggest the absence of a quorum. licans. Part of that is the way they most powerful political person in the The PRESIDING OFFICER. The drew the lines. Republicans were not State who is an African American. He clerk will call the roll. happy with it. They challenged it on a is on the Democratic National Com- The assistant legislative clerk pro- number of grounds. But Bill Pryor who mittee. He chairs the Alabama Demo- ceeded to call the roll. is the attorney general for the State of cratic Conference. He strongly supports Mr. SESSIONS. Mr. President, I ask Alabama. He is the lawyer for the Judge Pryor. unanimous consent that the order for State of Alabama. He is a Republican. Another Pryor supporter is Congress- the quorum call be rescinded. He felt it was his responsibility to de- man ARTUR DAVIS, an African-Amer- The PRESIDING OFFICER (Mr. EN- fend the duly enacted laws of the State ican Congressman and Harvard Law SIGN). Without objection, it is so or- legislature. He represents the State. School graduate. Alvin Holmes, I men- dered. The State passed the redistricting tioned earlier, is one of the most out- Mr. SESSIONS. Mr. President, I plan. It was his responsibility to defend spoken African-American leaders in thought it would be important to share

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6248 CONGRESSIONAL RECORD — SENATE June 9, 2005 in more detail some of the broad bipar- I share with you another statement If you study Judge Pryor’s record, tisan support that exists in the State by Joe Reed, an African American, a over and over again, he continues to of Alabama by those who know Judge leader in the State for 30 or more lead himself to decisions based on the Pryor. These are Democratic leaders, years, probably the preeminent Afri- fundamental principle, belief, that in people who are African Americans, who can-American leader in the State over all cases you do what is right. have been involved in the State for the last 35 years. He chairs the Ala- I listened to nearly all of the speech many years, who are sensitive to good bama Democratic Conference. He is a of the distinguished Senator from Ala- judgment and good leadership. I want member of the Democratic National bama. He recited so many examples of to share some of the comments some of Committee. He is a vice chairman of where a statement that Judge Pryor these people have written on behalf of the Alabama Education Association. might have made in the past did not Judge Pryor. Dr. Joe Reed has always understood guide him to a decision when it differed First, Congressman ARTUR DAVIS of the importance of Federal courts. He with the law, that he always followed the 7th Congressional District wrote has understood that the civil rights the law to its fullest extent, not to in- this letter. Congressman DAVIS is a and liberties of African-American citi- terpret it as he saw fit but to execute Harvard Law graduate and a very fine zens were enhanced and provided in it as he knew it was intended. young Congressman. He said this: large part by actions of Federal courts. I am not a lawyer. I am a real estate I understand that the President may There is no mistaking in his mind on guy and a politician. Obviously, we be considering Attorney General Bill this question. This is what he said: deal a lot in words but not nearly the Pryor for a seat on the Eleventh Cir- [Attorney General Pryor] is a person, in discipline of the specifics of the law. I cuit. I have the utmost respect for my my opinion, who will uphold the law without am a citizen of the United States, a fa- friend Attorney General Pryor and I fear or favor. I believe all races and colors ther, and a businessman. I care deeply believe if he is selected, Alabama will will get a fair shake when their cases come about the men and women who will sit before him. As Attorney General for Ala- be proud of his service. bama during the past six (6) years, he has on the bench of our highest courts. If Alabama House of Representatives been fair to all people. . . .For your informa- we can have a man with common sense member Alvin Holmes wrote this: tion, I am a member of the Democratic Na- and a commitment to right and doing As one of the key civil rights leaders in tional Committee and, of course, Mr. PRYOR what is right, then we have provided a Alabama who has participated in basically is [a] Republican, but these are only party great service to the people. every major civil rights demonstration in labels. I am persuaded that in Mr. PRYOR’s I also rise as an extension of a great America, who has been arrested for civil eyes, Justice has only one label—justice! Georgian who has submitted a letter, rights causes on many occasions, as one who Mr. President, those are just some of on behalf of Judge Pryor, from which I was a field staff member of Dr. Martin Lu- the comments we have received from would like to quote. ther King’s SCLC [Southern Christian Lead- prominent Alabama leaders of a dif- ership Conference], as one who has been bru- I also ask unanimous consent that tally beaten by vicious police officers for ferent party, a different race, who care the entire letter be printed in the participating in civil rights marches and about justice in America, who have a RECORD. demonstrations, as one who has had crosses record of fighting for it, and who be- There being no objection, the mate- burned in his front yard by the KKK and lieve Judge Pryor shares their values rial was ordered to be printed in the other hate groups, as one who has lived in that regard. RECORD, as follows: under constant threats day in and day out Mr. President, I thank the Presiding DEPARTMENT OF LAW, because of his stand fighting for the rights of Officer and yield the floor. I see my Atlanta, GA, March 31, 2003. blacks and other minorities, I request your colleague from Georgia has arrived. We Hon. RICHARD SHELBY, swift confirmation of Bill Pryor to the 11th appreciate and look forward to hearing U.S. Senate, Hart Senate Office Building, Circuit because of his constant efforts to from him. Washington, DC. help the causes of blacks in Alabama. The PRESIDING OFFICER. The Sen- Hon. JEFF SESSIONS, Is that a credible voice? I submit to ator from Georgia is recognized. U.S. Senate, Russell Senate Office Building, you it is. Mr. ISAKSON. Mr. President, first, if Washington, DC. The Honorable Sue Bell Cobb, a judge the Senator from Alabama will remain DEAR SENATORS: I have had the great on the Alabama Court of Criminal Ap- for a minute, I took the occasion, last pleasure of knowing and working with Bill Pryor over the past five years. Through the peals for quite a number of years, who week or 2 weeks ago, to spend a rather has been involved in the Children’s National Association of Attorneys General, extensive time on the floor, on 2 days, Bill and I have worked together on matters First Program in Alabama, who has talking about Janice Rogers Brown of of mutual concern to Georgia and Alabama. been involved in women’s issues in Ala- Alabama, whose appointment was con- During that time, Bill has distinguished bama over a number of years, and who firmed by this Senate. I had the pleas- himself time and again with the legal acu- has had occasion to work with Attor- ure to meet Justice Brown and meant men that he brings to issues of national or ney General Bill Pryor, wrote this: every word I said. regional concern as well as with his commit- I write, not only as the only statewide But I rise today to talk about Judge ment to furthering the prospects of good and Democrat to be elected in 2000, not only as a Pryor because of my tremendous per- responsive government. During his tenure as Attorney General, member of the Court which reviews the sonal admiration for a man whom I greatest portion of General Pryor’s work, Bill has made combating white-collar crime have not met but know so much about and public corruption one of the centerpieces but also as a child advocate who has labored because of the way he has conducted shoulder to shoulder with General Pryor in of his service to the people of Alabama. He the political arena on behalf of Alabama’s himself as a human being and as an at- joined the efforts of Attorneys General children. . . . Bill Pryor is an outstanding torney general. around the country in fighting the rising attorney general and is one of the most I know he succeeded the distin- tide of identify theft, pushing through legis- righteous elected officials in this state. He guished Senator from Alabama as at- lation in the Alabama legislature making possesses two of the most important attorney general; is that not correct? identity theft a felony in Alabama. Bill has tributes of a judge: unquestionable integrity Mr. SESSIONS. Correct. fought to keep law enforcement in Alabama and a strong internal moral compass. . . . Mr. ISAKSON. So he obviously had a armed with appropriate laws to protect Ala- bama’s citizens, pushing for tough money good role model to follow. Senator SES- High praise, I submit. She goes on: laundering provisions and stiff penalties for Bill Pryor is exceedingly bright, a lawyer’s SIONS’ leadership, obviously, contrib- trafficking in date rape drugs. lawyer. He is as dedicated to the ‘‘Rule of uted greatly to Judge Pryor’s distin- Time and again as Attorney General, Bill Law’’ as anyone I know. I have never known guished service. has taken on public corruption cases in Ala- another attorney general’’ I guess that in- But the reason I rise on the floor of bama, regardless of how well-connected the cludes this one standing before you ‘‘who the Senate for a second and confirm defendant may be, to ensure that the public loved being the ‘people’s lawyer’ more than the reason I am so positively going to trust is upheld and the public’s confidence in Bill Pryor. Though we may disagree on an cast my vote for his confirmation to government is well-founded. He has worked issue, I am always confident that the posi- the Eleventh Circuit is because he has with industry groups and the Better Business tion is a product of complete intellectual Bureau to crack down on unscrupulous con- honesty. He loves the mental challenge pre- a magna cum laude degree in law from tractors who victimized many of Alabama’s sented by a complex case, yet he never fails Tulane University, but he has a mas- more vulnerable citizens. to remember that each case impacts people’s ter’s degree in common sense. He has a From the time that he clerked with the lives. Ph.D. in courage. late Judge Wisdom of the 5th Circuit to the

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6249 present, though, the most critical asset that present, though, the most critical asset that Mr. DOMENICI. Mr. President, I rise Bill Pryor has brought to the practice of law Bill Pryor has brought to the practice of law today to address the nomination of is his zeal to do what he thinks is right. He is his zeal to do what [is the right thing to William H. Pryor, Jr., to be a U.S. cir- has always done what he thought was best do]. He has always done what he thought was for the people of Alabama. Recognizing a cuit judge for the Eleventh Circuit. best for the people of Alabama. Recognizing Many of my colleagues know that I wrong that had gone on far too long, he took a wrong that has gone too far [and too long], the opportunity of his inaugural address to he took the opportunity in his inaugural adam Catholic by religion and belief. As call on an end to the ban on inter-racial mar- dress to call on an end to the ban on inter- such, I have watched the debate over riages in Alabama law. Concerned about at- racial marriage in the State of Alabama. Judge Pryor, an acknowledged devout risk kids in Alabama schools, he formed Concerned about at-risk kids in schools, he Catholic, with much interest. Mentor Alabama, a program designed to pair formed Mentor Alabama, a program designed I start by saying, and I want to be volunteer mentors with students who needed to pair volunteer mentors with students who very clear about this point, that I do a role model and an attentive ear to the needed a role model and an attentive ear to not believe any of my colleagues are problems facing them on a daily basis. the problems facing them on a daily basis. These are just a few of the qualities that I anti-Catholic. However, I am becoming believe will make Bill Pryor an excellent As a member of the legislature in increasingly concerned about the ap- candidate for a slot on the 11th Circuit Court Georgia, one who worked on kids’ pro- parent creation of some kind of reli- of Appeals. My only regret is that I will no grams, I know so much about the value gious litmus test for nominees. I would longer have Bill as a fellow Attorney General of mentoring and the programs estab- like to provide a sample of some of the fighting for what is right, but I know that lished such as Mentor Alabama that questions posed to Judge Pryor during his work on the bench will continue to serve fundamentally change lives. For a man as an example of how the public trust should his confirmation process that I think whose job it is to prosecute the law on justify my concern that a nominee’s re- be upheld. behalf of the people of Alabama, to il- Sincerely, ligion is becoming some kind of a cen- THURBERT E. BAKER. lustrate his desire for the future by, at tral part of the confirmation process. Mr. ISAKSON. The attorney general the same time, developing a mentoring It concerns me when, in the Judici- of the State of Georgia is my dear program so that the youth of Alabama ary Committee, statements such as friend, Thurbert Baker. He is a Demo- would go on the right track in life—not these are made: crat, an African American, and a close the wrong—shows his absolute commit- Judge Pryor’s beliefs are so well known, so friend with whom I served in the Geor- ment to right, his absolute commit- deeply held, that it is very hard to believe, gia House of Representatives. On ment to his fellow man, his absolute very hard to believe, that they are not going March 31, 2003, Thurbert Baker wrote commitment to those who have been to deeply influence the way he comes about saying, ‘‘I will follow the law.’’ to Senator RICHARD SHELBY and Sen- less fortunate. I close with one last quote from this Another: ator JEFF SESSIONS his personal feelings about the nomination of Judge letter: I think the very legitimate issue in question with your nomination is whether you Pryor. I want to read a few excerpts My only regret is that I will no longer have Bill as a fellow Attorney General, fighting have an agenda, that many of the positions from that letter. for what is right, but I know that his work which you have taken reflect not just an ad- During his tenure as Attorney General, on the bench will continue to serve as an ex- vocacy but a very deeply held view and a phi- Bill has made combating white-collar crime ample of how the public trust should be losophy. and public corruption one of the centerpieces upheld. Third: of his service to the people of Alabama. He joined the efforts of Attorneys General Bill Pryor has been waiting for this Virtually in every area you have extraor- around the country in fighting the rising day for some time. I am grateful to dinarily strong views which continue and tide of identity theft, pushing through legis- Senators who allowed the cloture vote come out in a number of different ways. lation in the Alabama legislature making to take place and voted in favor of giv- Your comments about Roe make one believe, identity theft a felony in Alabama. Bill has ing a chance for Judge Pryor to receive could he really, suddenly, move away from those comments and be a judge? fought to keep law enforcement in Alabama an up-or-down vote on his confirmation armed with appropriate laws to protect Ala- to his nomination to the Eleventh Cir- It concerns me that these questions bama’s citizens, pushing for tough money cuit Court of Appeals. I am confident continued despite the fact that Judge laundering provisions and stiff penalties for Pryor’s record in Alabama as attorney trafficking and in date rape drugs. that later today when we cast our vote—and I will cast mine in favor of general shows that he can and has sep- The importance of that quote is how Judge Pryor—the majority of this Sen- arated his personal beliefs from his consistent that is with what our attor- ate will confirm a man whose record is professional obligations. ney general, Thurbert Baker, has done impeccable, whose commitment is to As Alabama’s attorney general, in Georgia; in particular, in his fights doing what is right, whose belief is in Judge Pryor argued that there should on white-collar crime, on trafficking, the people of this country, in the fun- be no school-sponsored, government- on drugs, and his confirmation of damental foundations of the law and sponsored religious activity, but genu- Judge Pryor’s commitment to the its strict interpretation and applica- inely student-initiated religious ex- same. pression was protected by the First I continue to quote: tion. I commend to all Members of the Senate Judge Bill Pryor of Alabama for Amendment. I believe he expressly Time and again as Attorney General, Bill his confirmation. stated the view that the Supreme has taken on public corruption cases in Ala- Court has held in that regard, regard- bama, regardless of how well-connected the I yield the floor and suggest the absence of a quorum. less of his beliefs. defendant may be, to ensure that the public Second, he issued an opinion stating trust is upheld and the public’s confidence in The PRESIDING OFFICER. The government is well-founded. He has worked clerk will call the roll. that Alabama’s partial-birth abortion with industry groups and the Better Business The assistant legislative clerk pro- law was unconstitutional and could not Bureau to crack down on unscrupulous con- ceeded to call the roll. be enforced. I believe he followed the tractors who victimized many of Alabama’s Mr. DOMENICI. Mr. President, I ask law. more vulnerable citizens. unanimous consent that the order for Third, he personally prosecuted The operative words in that quote the quorum call be rescinded. charges against Alabama’s Justice refer to the courage I mentioned ear- The PRESIDING OFFICER. Without Moore for refusing to obey a court lier; Judge Pryor, as attorney general, objection, it is so ordered. order to remove the Ten Command- courageously and without fear took on Mr. DOMENICI. Mr. President, is the ments from a display in the Alabama anyone, regardless of stature and polit- Senate in morning business? State courthouse. ical standing, in order to see to it the The PRESIDING OFFICER. The Sen- The quotes I have referenced and the people of Alabama were protected, ate is on the nomination of William fact that some Democrats have per- their rights were protected and right Pryor. The majority controls the time sisted with this line of questioning de- itself was done and any wrong, regard- until 11:30 a.m. spite clear evidence that Judge Pryor less of the perpetrator, was prosecuted. Mr. DOMENICI. Mr. President, I is committed to both religious freedom I continue to quote: yield myself 5 minutes. and separation of church and state con- From the time he clerked with the late The PRESIDING OFFICER. Without cern me not because I am accusing Judge Wisdom of the 5th Circuit to the objection, it is so ordered. anyone on the other side of being anti-

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6250 CONGRESSIONAL RECORD — SENATE June 9, 2005 Catholic or anti-religion; rather, state- Mr. SESSIONS. Mr. President, I ask son were to be dismissed or otherwise ments such as these make me fear that unanimous consent the order for the not handled fairly as a result of a dis- we are creating some kind of a reli- quorum call be rescinded. ability, they could sue the State under gious litmus test for nominees. A The PRESIDING OFFICER. Without the Americans with Disabilities Act, nominee’s religious beliefs have no objection, it is so ordered. they could get an injunction, a court connection to fitness to serve on the Mr. SESSIONS. Mr. President, what order to ensure that they were treated Federal bench. is the order of business? fairly by the State of Alabama, they It seems to me that such questions The PRESIDING OFFICER. The mi- could get back wages if they had been suggest that anybody who is an Ortho- nority controls the time until noon. terminated—but that provision of the dox Jew, deep-seated Christian, Protes- Mr. SESSIONS. Mr. President, it is a act that allowed individuals to sue for tant, Muslim, or devout Catholic few minutes to 12. I ask unanimous money damages against corporations— should be rigorously questioned about consent that I be able to speak in and 97 percent of the people work for morning business. If any of my col- their religious beliefs. But I believe private employers and corporations leagues from the other side come to the their beliefs should not in any way af- and not State governments—that pro- fect them becoming Federal judges. floor, I will be pleased to yield to them. The PRESIDING OFFICER. Without vision could not be enforceable because These type of questions effectively say objection, it is so ordered. a State has sovereign immunity pro- to people in the United States: Perhaps Mr. SESSIONS. Mr. President, we tection against suits for money dam- if you have deeply held religious be- have spent over 2 years on the Bill ages. States can only be sued on liefs, you cannot serve on the Supreme Pryor nomination for the Eleventh Cir- grounds that they agree to be sued on, Court, you cannot serve in the Federal cuit Court of Appeals. He is an extraor- because the power to sue is the power judiciary. dinary man and an extraordinary ju- to destroy. That is constitutional his- I believe we should rid the record of rist, now that he is holding that seat as tory. And States do not allow them- any such inferences, and I am just try- a recess appointment. But a number of selves to be sued except under certain ing to do that today. allegations have been made against circumstances, and he argued that the The PRESIDING OFFICER. The Sen- him that I think caused some in this Congress could not abrogate that his- ator’s time has expired. body to form an impression of him toric constitutional principle of sov- Mr. DOMENICI. I ask for 1 additional early on that was not correct. ereign immunity by passing a statute— minute. One of the most prominent was an al- without giving any thought to the The PRESIDING OFFICER. Without legation that he was insensitive to the issue. Anyway, they passed it focusing objection, it is so ordered. disabled. People For the American mainly on private employers, not Mr. DOMENICI. Mr. President, this is Way, who issued their attack sheet re- States. He appealed that to the U.S. an alarming prospect. The Senate port—and I hope our colleagues will Supreme Court and won the case in the should consider the nominee on his begin to look far more critically at U.S. Supreme Court. professional record, not on his personal their work than they have in the past— Now they say what he was doing was beliefs. I believe this distinguished stated it this way: an indication that he is insensitive to nominee should be confirmed. people who are disabled. I raise that I yield the floor. I thank the Senate Of particular concern are Pryor’s views on the limits on Congress’ authority to enact issue because it is not fair to him, and for listening. laws protecting individual and other rights, it demeans our entire process. The PRESIDING OFFICER. Who and how he would seek to implement those I see the Senator from Tennessee is yields time? laws if confirmed. Pryor is one of the archi- in the Senate, Senator ALEXANDER. I Mr. SESSIONS. Mr. President, I sug- tects of this movement and has been a lead- know he is interested in this nomina- gest the absence of a quorum. ing activist in these damaging efforts. He tion. I am pleased to yield to the Sen- The PRESIDING OFFICER. The personally has been involved in key Supreme ator from Tennessee. clerk will call the roll. Court cases that, by narrow 5 to 4 majorities, The PRESIDING OFFICER (Mr. The legislative clerk proceeded to have hobbled Congress’s ability to protect GRAHAM). The Senator from Ten- call the roll. Americans’ rights against discrimination Mr. GREGG. Mr. President, I ask and injury based on disability, race, or age. nessee. Mr. ALEXANDER. Mr. President, I unanimous consent that the order for That is part of their report and part thank the Senator from Alabama. I am the quorum call be rescinded. of their complaint. At the time he was delighted to have a chance to join him The PRESIDING OFFICER (Mr. SES- originally nominated, a number of peo- in support of Judge Pryor. I will take a SIONS). Without objection, it is so or- ple from the disabled community were dered. told Judge Pryor is against them and few minutes on that, and when I finish, Mr. GREGG. Mr. President, what is that they should come. They came and I will ask unanimous consent to speak the regular order? spoke out against him. But truly I do for up to 5 minutes as in morning busi- The PRESIDING OFFICER. The mi- not think they understood what the ness on another matter. nority controls the time until noon, complaint was all about. The PRESIDING OFFICER. Without but the Senator may be recognized. Let me share with you what hap- objection, it is so ordered. Mr. GREGG. I ask unanimous con- pened. One of the State universities in Mr. ALEXANDER. Mr. President, sent that I be allowed to speak as in Alabama was involved in a lawsuit none of us, if we end up in court, want morning business for 10 minutes, and if about disability rights. The case was to go before a judge who has already some member of the minority appears I University of Alabama at Birmingham decided the case before we get there. will be happy to yield to allow them to v. Garrett. It goes up for litigation. There is an old story from the Ten- proceed under their time. The Attorney General of the State of nessee mountains about the lawyers The PRESIDING OFFICER (Mr. EN- Alabama was Bill Pryor. It is his duty who showed up in court and the judge SIGN). Without objection, it is so or- as a lawyer to defend his client. As an says: ‘‘Fellas, this shouldn’t take long. dered. The Senator is recognized. entity of the State, the university is a I had a phone call last night, and I (The remarks of Mr. GREGG and Mr. client of the State of Alabama, so he know most of the facts. Just give me a SESSIONS are printed in today’s did so. One of the defenses he raised, little bit on the law.’’ I don’t think RECORD under ‘‘Morning Business.’’) and raised brilliantly, dealt with this those litigants felt very good about Mr. GREGG. I thank the Senator act, the ADA. Only 3 percent of the their appearance before that judge. from Alabama. I obviously enjoy work- people in Alabama work for the State We do not want judges who decide ing with him because he is a voice of of Alabama. So the defense he raised the case before they hear the argu- reason around here. impacted only State employees, that is ment, either because they got a phone I yield the floor and suggest the ab- 3 percent of the people, although recall the night before or because they sence of a quorum. peatedly announcements were made bring some personal or political agenda The PRESIDING OFFICER. The that he was gutting the ADA. That is to the case. We want judges who are clerk will call the roll. the first point. fair. We want judges who are inde- The legislative clerk proceeded to Second, what the attorney general of pendent. We want judges who are intel- call the roll. Alabama argued was that, yes, if a per- ligent, who have good character, who

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6251 know the law, and who are willing to pass a constitutional amendment to do rights debate of the 1960s and 1970s, apply it in a fearless way. it. One might say, Of course he should putting his children in public schools As Governor of Tennessee, I ap- have done that. Well, go down to Ala- in Mississippi in the 1960s when every- pointed about 50 judges. I appointed bama and make that your first an- one else was sending them to what men and women, Democrats and Re- nouncement in a new public position at they called segregation academies, and publicans. I appointed the first Afri- that time in our Nation’s history. It testifying against the grand wizard of can-American Supreme Court justice, took courage and it took principle to the Ku Klux Klan in the mid-1960s when the first African-American chancellor do it. He did it. that was a dangerous thing to do. in our State who happened to be a He is a Republican, but he appealed I heard some of my colleagues ques- Democrat. I never asked how they felt the Alabama reapportionment plan to tioning his commitment to civil rights. about abortion. I never asked them the U.S. Supreme Court, to the dismay Where were they in 1965, 1966, and 1967? how they were going to decide cases. I of the Republican Party, and he won it What was going on? tried to assess their reputation for infor the Democrat Party. I was very disappointed when I heard telligence and fairness, their de- It is fair to say that Judge William these comments about Judge Pick- meanor, and whether they would treat Pryor has compiled for himself at a rel- ering. And he withdrew. I heard the those who appeared before them with atively young age a record that would comments about Miguel Estrada, a tre- respect. That turned out to be a pretty make it virtually impossible for him to mendous American success story. And good formula. win a Republican primary in Alabama he withdrew. So I pledged, then and If we are looking for a member of the but a record that ought to make him a there, I would never filibuster any U.S. appellate court who has dem- perfect candidate for the U.S. court of President’s judicial nominee, period. I onstrated before he takes the bench appeals. might vote against them, but I will al- that he can make decisions inde- Of course, there is always the ques- ways see they came to a vote. pendent of his personal views, then tion with these men and women who I am glad to see—and the Presiding Judge William Pryor ought to be ex- come before the Senate of whether Officer had something to do with it— hibit A, No. 1. As has been pointed out they are qualified. We can look at the that the logjam has been broken. many times, Judge Pryor has been very facts. William Pryor is a magna cum Maybe we can get back to business as honest with the committee and all who laude graduate of Tulane law school, usual in the Senate where the Presi- question him. He is pro-life. He opposes one of the great law schools of our dent, after consulting with us, sends us partial-birth abortion. But as attorney country. He was editor and chief of the good nominees, we look them over and general of Alabama in August of 1997, Tulane Law Journal. take as long as we want to talk about on his own initiative, he wrote the dis- My favorite example of his com- them, and then we vote on them. I am trict attorneys general of Alabama and petence is that he was a law clerk to glad we have a chance to vote on Judge instructed them to use a restrictive in- the Honorable John Minor Wisdom, Pryor. We do not want judges whose views terpretation of the partial-birth abor- perhaps the greatest appellate court are decided by a political agenda or by tion bill in Alabama, gutting the stat- judge of the last 50 years, whose 100th birthday would have been May 21. I a phone call that comes in the night ute, some said, in Alabama. Three before. Judge Wisdom had absolute know about his birthday because I years later, General Pryor, after fur- confidence in William Pryor when he knew the judge very well. I was his law ther Supreme Court cases, wrote the appointed him as his law clerk. He was clerk, too. I hasten to add that I didn’t Alabama district attorneys telling proud of his service as attorney general quite qualify to be a law clerk in 1965 them that the Alabama partial-birth of Alabama. He is not here today to say and 1966. He already had a smart grad- abortion law was unconstitutional. He what he thinks of him, but I am glad uate from Harvard. But he said: I need was pro-life, but the law said it was un- that I am here today to say I will be two, and I will hire you as a messenger. constitutional. He followed the law. proud to cast my vote for William If you work for $300 a month, I will When there were threats of attacks Pryor for U.S. circuit judge. against abortion clinics in Alabama, treat you like a law clerk. Mr. President, I received permission the attorney general could have waited Judge Wisdom is the one who ordered to speak on another subject as if in for something to happen. He did not. James Meredith to be admitted to Ole morning business, and I would like to He held high-profile press conferences Miss, and he, with Judge Tuttle and proceed to that. to condemn what he called ‘‘despicable Judge Rives, presided other desegrega- (The remarks of Mr. ALEXANDER per- acts.’’ He warned there would be pros- tion of the South. He hired as his law taining to the introduction of S. 1208 ecutions if those acts actually oc- clerks some of the most distinguished are located in today’s RECORD under curred. men and women now in the private ‘‘Statements on Introduced Bills and William Pryor told the committee he practice of law anywhere in the Amer- Joint Resolutions.’’) is a religious man. He, obviously, is a ica. I know many of them. Mr. ALEXANDER. Mr. President, I deeply religious person. But he told the Judge Pryor was in New Orleans on thank the Senator from Alabama for Governor, who had just appointed him May 21 to celebrate Judge Wisdom’s his time, and I join him in my enthu- attorney general of Alabama, to get 100th birthday, along with about 40 siasm for the nominee for the U.S. himself another lawyer when the Gov- other law clerks, even though Judge court of appeals from his home State, ernor wanted him to argue a prayer-in- Wisdom himself is not still living. I William Pryor. the-schools case that General Pryor know the respect Judge Wisdom had Mr. SESSIONS. Mr. President, I thought compelled him to take a posi- for Judge Pryor’s competence. He has thank the Senator from Tennessee for tion contrary to the U.S. Supreme demonstrated his independence, he has his very important remarks on the Court’s interpretation of the Constitu- demonstrated his intelligence, and he Pryor nomination. He is wise in ana- tion. has demonstrated he will be an ex- lyzing the realities of being an attor- He prosecuted the chief justice of the traordinary judge. ney general in America and the dif- Alabama Supreme Court for his refusal I was disappointed at what I heard ficult choices and political pressures to take actions to remove the Ten when the Presiding Officer and I came that are on attorneys general. Commandments, not because he does to the Senate a little over 21⁄2 years He is absolutely correct that Attor- not believe in the Ten Commandments, ago. I was preparing to make my maid- ney General Bill Pryor has dem- which he does, but because he believes en address on American history and onstrated he has the courage to do the in the law, and his job was to enforce civics, and we found ourselves in this right thing regardless of short-term the law. terrible debate about Miguel Estrada. I complaints that might arise. That is so He has proven his sensitivity toward was astonished by it, to tell the truth. fundamentally obvious to people who civil rights, which for those who have I found myself feeling the same way get a fair look at it and I am amazed it grown up in the South is even more im- about discussions of Judge Pickering in has not been clear to some of our col- portant. In his inaugural address, he Mississippi, a man whose reputation I leagues. pledged to remove the ban on inter- knew. When I studied that reputation, I thank the Senator from Tennessee racial marriage and led the fight to I found a man out front in the civil for sharing his thoughts.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6252 CONGRESSIONAL RECORD — SENATE June 9, 2005 Mr. President, I ask unanimous con- Mr. MCCONNELL. The attorney gen- Pryor’s, but who reached the same consent that the distinguished majority eral of Alabama is an elected position; clusion as Judge Pryor did about the whip and I be allowed to engage in a is it not? rationale for the decision, the basis of colloquy. Mr. SESSIONS. It is an elected posi- the decision. The PRESIDING OFFICER. Without tion. Mr. SESSIONS. I think that is a very objection, it is so ordered. Mr. MCCONNELL. So Judge Pryor good point, I say to you, Senator Mr. MCCONNELL. Mr. President, I did not have the protection of a life- MCCONNELL. I know that, for example, say to my friend from Alabama, I un- time appointment or even a lengthy Justice Ginsburg was an ACLU, Amer- derstand that Judge Pryor has been term. Here is an official in Alabama ican Civil Liberties Union, lawyer. Yet criticized because he has sincerely held basically telling a bunch of Alabama she was troubled by the reasoning and beliefs against abortion and has also local officials they ought to comply rationale in some of the matters in Roe criticized the ruling in Roe v. Wade? with a Supreme Court decision that v. Wade. And she did not mince words Mr. SESSIONS. That is correct. He was overwhelmingly unpopular in Ala- about it in terms of the public policy answered questions about that, clearly bama; is that correct? result in Roe, nor did she condemn peo- and directly. Mr. SESSIONS. That is exactly cor- ple who criticized Roe. She fully under- rect, I say to the Senator, absolutely stood it was legitimate to discuss that Mr. MCCONNELL. But it is also true, important Supreme Court case. In fact, is it not, I say to my friend from Ala- correct. People in Alabama, I think as she wrote: bama, that Judge Pryor swore under most Americans, believe that partial- birth abortion, at any rate, is a par- I appreciate the intense divisions of opin- oath—under oath—at his hearing that ion on the moral question and recognize that he would faithfully apply the law, and ticularly gruesome procedure, and he had a lot of pressure on him to declare abortion today cannot fairly be described as included in that, of course, is Supreme nothing more than birth control delayed. Court precedent? otherwise. In fact, he was criticized by friends who thought he had not been So I think she was expressing real Mr. SESSIONS. As a matter of fact, supportive of their view. sympathy and respect for those who he was asked explicitly about that in Mr. MCCONNELL. It would have been may disagree with the decision, even as the Judiciary hearings. I am a member very politically convenient for him to she expressed concern with the deci- of that committee, and the phrase he do that; would it not? sion. CCONNELL, used, I say to you, Senator M Mr. SESSIONS. Absolutely. I think Mr. MCCONNELL. I ask my friend was ‘‘Senator, you can take it to the the point is that he understands the from Alabama if he is aware that lib- bank.’’ And he is the kind of man who, importance of adhering to the rule of eral constitutional scholar and current when he says it, he means it. law even though it may disagree with Harvard law professor, Laurence Mr. MCCONNELL. Well, he has had positions you feel strongly about. Tribe—often quoted by Members on the other side as the authority on many an opportunity to demonstrate that, Mr. MCCONNELL. With regard to his has he not, I say to my friend from criticism of Roe v. Wade, I ask my issues of constitutional law—described Alabama, with respect to the laws reg- friend from Alabama, is it not also the Roe as a ‘‘verbal smokescreen,’’ and ulating abortion? He has been in a posi- case that some very prominent liberals noted that ‘‘the substantive judgment tion to demonstrate that he is willing in this country, who probably no doubt on which it rests is nowhere to be to set aside his personally held views liked the outcome of Roe v. Wade, found.’’ This is Laurence Tribe com- and apply the law as it is, has he not? were, nevertheless, highly critical of menting on Roe v. Wade. Even though, Mr. SESSIONS. He really has. I think the Supreme Court’s reasoning and ra- no doubt, he likes the result of Roe v. that is so important for us here as we tionale for issuing that particular judg- Wade, he is nevertheless criticizing the consider a nominee. Surely, we can’t ment? rationale for it. vote for or against a nominee on Mr. SESSIONS. That is correct. Mr. SESSIONS. Well, the Senator is exactly correct. Conservatives and lib- whether they agree with us on any Mr. MCCONNELL. So there is noth- number of a host of moral and religious ing particularly unusual or unique erals alike have raised questions about issues. But these are the facts on it. Al- about a good lawyer, or certainly a different aspects of Roe v. Wade. It is though he is a pro-life individual—in lawyer in a prominent position like at- perfectly natural that they would do 1997, Alabama banned partial-birth torney general, at the time, Bill Pryor, so, I think. Mr. MCCONNELL. I believe liberal abortion by State statute. As attorney critiquing the decision, wholly aside law professor Cass Sunstein from the general, Judge Pryor was aware that from what their personal views were, University of Chicago—who was re- parts of that statute had gone too far because a number of prominent lib- ported to have advised our Democratic under the current state of the law, so erals, I think, have done the same colleagues on the need to ‘‘change the he issued a letter, a directive, to the thing; have they not? ground rules’’ on judicial nominations, district attorneys throughout the Mr. SESSIONS. That is exactly right. which led us into the impasse we were State of Alabama telling them that And the attorney general is an elected in last Congress—noted that there are they could only construe that statute person in Alabama. He has a right to ‘‘notorious difficulties’’ with Roe v. narrowly because it would violate, oth- comment on decisions of the Supreme Wade. Is my friend from Alabama fa- erwise, the Constitution as defined by Court. I think attorneys general and miliar with that, as well? the U.S. Supreme Court. lawyers and laymen all over the coun- Mr. SESSIONS. Yes, I am. As a matter of fact, the ACLU try do that on a daily basis. The ques- Mr. MCCONNELL. I could go on with praised him at that time in 1997 for his tion is, Will you follow it even if you a list of liberal scholars and com- directive. And, as a matter of fact, one do not agree? mentators who criticized Roe very di- of the pro-life leaders said he gutted Mr. MCCONNELL. In fact, Supreme rectly, but I think my friend from Ala- the statute. Court Justice Ruth Bader Ginsburg bama and I hope all of our colleagues Then, I say to you, Senator MCCON- criticized the Supreme Court’s ap- get the drift. NELL, a few years later, in 2000, when proach in the Roe case. I bet many of I do have just one more question for the Supreme Court ruled on the our colleagues would be surprised to the Senator from Alabama. Does he re- Stenberg case, in which they really learn that she described Roe as a member President Bush’s nomination overruled many State statutes involv- ‘‘breathtaking’’ decision whose of Michael McConnell to the Tenth Cir- ing the partial-birth abortion law, At- ‘‘[h]eavy-handed judicial intervention cuit? torney General Pryor recognized and was difficult to justify.’’ That is Ruth Mr. SESSIONS. Yes, I do. I believe he advised the district attorneys that Bader Ginsburg, who, no doubt, liked was confirmed by unanimous consent. statute was not sound and called on the the outcome in Roe, but found the deci- Mr. MCCONNELL. Unanimous con- State legislature to craft a statute con- sion, as she put it, ‘‘breathtaking’’ and sent. Out here on the Senate floor, sistent with the Supreme Court. And a ‘‘[h]eavy-handed judicial interven- passed on a voice vote. when he wrote the State officials, he tion [that] was difficult to justify.’’ Mr. SESSIONS. Yes. said that they ‘‘are obligated to obey So here was someone whose personal Mr. MCCONNELL. Although I am not [the Stenberg decision].’’ views were probably opposite of Judge on the Judiciary Committee now, I was

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6253 at the time of the McConnell nomina- up early in the morning and go to the John Paul II himself strongly opposed tion. I recall that Judge McConnell was Senate gym. And on several occasions capital punishment. Some Christian then a law professor who had criticized he has raised with me his heartfelt sup- Scientists do not support many aspects Roe frequently and at great length; is port for William Pryor. I have ex- of medical treatment. Some Quakers that correct? pressed to him my reservations and do not support war. Some people be- Mr. SESSIONS. That is correct. concerns about Mr. Pryor, and he has cause of their religious beliefs have Mr. MCCONNELL. But just like tried to assure me, in different ways, strong views on the role of women in Judge Pryor, he swore to uphold Su- that the public image of this man is society, strong views on divorce, on preme Court precedent; did he not? much different than who he really is. I sexual orientation. I can’t believe it is Mr. SESSIONS. He did. struggle with this because I do count the position of Mr. Pryor’s advocates Mr. MCCONNELL. So I want to make Senator SESSIONS as a friend despite that Senators could not raise legiti- sure I have this correct. Both Judge our many political differences. I would mate concerns about positions on pub- Pryor and Judge McConnell criticized like to give him the benefit of the lic issues if there is any nexus to a Roe v. Wade, both swore under oath doubt on this nominee who is so impor- nominee’s religious belief. they would follow Supreme Court tant to him personally. Think of all of the areas where we precedents, including those they may Unfortunately, the debate that leads would, frankly, be unable to even ask a personally disagree with, but unlike up to today’s consideration on the floor question because the person could say: Judge McConnell, who was a law pro- has raised a myriad of questions that I am sorry. That is my religious belief, fessor at the time of his nomination need to be resolved, questions which go and you can’t ask about that. and did not have the opportunity as an to the heart of this nomination. The reality is that certain important academic to enforce the law, Judge Mr. Pryor was recess-appointed by issues at the center of legal and legis- Pryor has been a public official who President Bush when both he and lative activity are public issues and re- has had the chance, on repeated occa- Judge Pickering of Mississippi were ligious issues. To suggest the Senate sions, to put his money where his not approved by the Senate. It was his- cannot ask a nominee questions about mouth was, and he has consistently fol- toric. It was a decision by the Presi- these public issues would prohibit us lowed the law? dent to use his recess appointment from fulfilling our constitutional obli- Our Democratic colleagues confirmed power to put Mr. Pryor on the bench, gation. It is not Mr. Pryor’s religious Judge McConnell by unanimous con- despite the Senate’s decision on his affiliation that is troubling. It is his sent but are vigorously objecting to nomination. I agree with Senator KEN- history of putting his own personal be- Judge Pryor; is that the case? NEDY that Mr. Pryor’s recess appoint- liefs ahead of the Constitution. He is a Mr. SESSIONS. That is the case. ment, which occurred during a brief re- staunch judicial activist. Maybe he Mr. MCCONNELL. I am puzzled. On cess of Congress, could easily be uncon- doesn’t reach the level of Janice Rog- this record, our friends’ objections to stitutional. It was certainly ers Brown, who was approved yester- Judge Pryor seem inconsistent and ar- confrontational. Recess appointments day—the most radical nominee sent to bitrary. lack the permanence and independence us by the Bush White House—but, I thank the Senator from Alabama contemplated by the Framers of the sadly, some of his public comments are for his time and remind our colleagues Constitution. To confirm Mr. Pryor close. that we have confirmed Democratic now would validate the President’s re- nominees who have had deep personal grettable decision to defy the Senate. William Pryor believes it is the job of objections to Supreme Court precedent. I am afraid that many aspects of the a Federal judge to carry out the polit- I recall we confirmed Janet Reno 98 to debate, relative to the Pryor nomina- ical agenda of the President. How else 0, even though her personal views on tion, mark a low point in Congress. could you interpret his comment about the death penalty were at odds with Many of Mr. Pryor’s supporters allege the Bush v. Gore case in 2000, when he Supreme Court precedent. We ought that those of us who questioned his said: not have a double standard. We should nomination or opposed him did so be- I’m probably the only one who wanted it 5– applaud Judge Pryor for his forthright- cause of his religious beliefs. The same 4. I wanted Governor Bush to have a full ap- ness and his commitment to the rule of ugly allegation was raised more broad- preciation of the judiciary and judicial selec- law, and we ought to confirm this dis- ly at the recent Justice Sunday event tion so we can have no more appointments tinguished nominee. which took place in a church in Ken- like Justice Souter. I also want to say to my friend from tucky and featured remarks by Major- These are the words of William Alabama, I know he probably knows ity Leader WILLIAM FRIST. The allega- Pryor. Does that suggest to you that Judge Pryor better than anybody else tion that any Member of the Senate is he is looking for a nonpartisan judici- in the Senate and has had a greater op- opposing this nomination because of ary? Sadly, it suggests the opposite. He portunity to evaluate his integrity, his the nominee’s religious beliefs is just is looking for a bench filled with par- intellect, and has really seen him in ac- wrong. In fact, it is not only wrong, it tisans of his stripe, and he used that tion. I think our colleagues ought to is outrageous. case as a lesson to the White House: Be listen to the junior Senator from Ala- Article 6 of the Constitution, which careful, if you pick someone who is bama because he really knows Bill we keep at hand here on the floor, independent, they may just rule Pryor and can attest to the fact that makes it clear that it is unconstitu- against you on a political issue. Those Bill Pryor took actions much like tional to use any form of religious test are hardly the kind of words you want Judge Pickering did in the 1960s, to for a person who is seeking an office of coming from the mouth of a man who which Senator ALEXANDER was refer- public trust. To suggest that those of wants to ascend to the second highest ring, that took extraordinary courage us who oppose Mr. Pryor—or any of the court in America. given the climate of public opinion in President’s judicial nominees—are vio- On another occasion, Mr. Pryor stat- the State of Alabama. lating this article of the Constitution ed: Mr. SESSIONS. I thank the Senator. is out of line. I am troubled, too, by the logic of [O]ur real last hope for federalism is the The PRESIDING OFFICER. The 30- election of Gov. George W. Bush as president minute segment has expired. this position. It appears that Mr. Pry- of the United States, who has said his favor- The Senator from Illinois. or’s supporters believe that if he can ite justices are Antonin Scalia and Clarence Mr. DURBIN. Mr. President, today answer any of our questions about pub- Thomas. the Senate is considering the nomina- lic policy, if the position he takes is Although the ACLU would argue that it is tion of William Pryor for the U.S. based on his religious belief, then at unconstitutional for me, as a public official, Court of Appeals for the Eleventh Cir- that point we can’t pursue the ques- to do this in a government building, let cuit. This is a nomination which I have tion, that it is a matter of his personal alone at a football game, I will end my pray- considered many times in the Senate conscience. But think about that for a er for the next administration: Please God, Judiciary Committee and outside the moment. I am a member of the Catho- no more Souters. regular business of Congress. Senator lic Church. Some Catholics do not sup- He was referring again to Justice JEFF SESSIONS and I occasionally get port the death penalty. The late Pope Souter on the Supreme Court. I asked

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6254 CONGRESSIONAL RECORD — SENATE June 9, 2005 Mr. Pryor, a Federalist Society mem- Mr. Pryor’s advocates call him a years ago as a college student. Mr. ber, whether he agrees with the mis- ‘‘profile in courage’’ for enforcing the Pryor said this at his own confirmation sion statement of the Federalist Soci- Eleventh Circuit decision that the hearing. ety, where he pays his dues and attends monument must be removed from the Understand the constitutional prin- meetings. It reads: Alabama State courthouse. I call it ciple that underlies Roe v. Wade. I Law schools and the legal profession are doing your job. know abortion is an issue that is very currently strongly dominated by a form of Let me provide another example of divisive. People feel very strongly one orthodox liberal ideology which advocates a his insensitivity. At Mr. Pryor’s con- way or the other. But most people con- centralized and uniform society. firmation hearing, Senator FEINSTEIN cede that underlying that Roe v. Wade I have asked this question of almost asked him to explain his statement decision is the right to privacy, a right every Federalist Society member nom- that ‘‘[t]he challenge of the next mil- which was enshrined in the Supreme inated by President Bush, and there lennium will be to preserve the Amer- Court case of Griswold v. Connecticut have been quite a few. Mr. Pryor is the ican experiment by restoring its Chris- 40 years ago this week. only person who gave me a one-word tian perspective.’’ He ducked the ques- The State of Connecticut, urged by answer: ‘‘Yes.’’ tion. religious groups, had banned the sale of I appreciate his honesty, but I am If you are going to serve this Nation contraceptives and family planning to troubled by his beliefs. Mr. Pryor is and its Constitution, you have to have anyone in the State of Connecticut. If just over 40 years old. If confirmed, he some sensitivity to the diversity of re- you purchased any family planning—a will have the chance to put this philos- ligious belief in America. Many of us birth control pill, for example—it was a ophy into practice well into the 21st are Christians. But to impose a so- violation of the law, and the phar- century with a lifetime appointment. called Christian perspective on every- macist who filled that prescription It is not just law and politics that thing is to, frankly, take a position could be arrested and prosecuted. Mr. Pryor has problems keeping sepa- which many of different religious Think about it. Only 40 years ago rate. He has problems with the separa- faiths would find offensive and intru- that was the case. There was a group tion of church and State. I am con- sive by their Government. who believed that their religious be- cerned about his blurring of a very im- Our Founders may have been mostly liefs were so compelling about birth portant line when it comes to the con- Christian, but America today is a na- control that they installed it as a duct of government vis-a-vis religion. tion of religious diversity and this di- State law. He is so ideological about this issue versity is protected by the Constitu- The law was challenged. It came be- that he has confessed: tion. Judge Pryor has difficulty in fore the Supreme Court. The Supreme I became a lawyer because I wanted to grasping this concept. Court came down with what has now fight the ACLU. On the issue of federalism, Mr. Pryor become a time-honored decision that The ACLU is one of the main defend- has been a predictable, reliable voice said, no, built into this Constitution ers of the separation of church and for those who seek to limit the people’s there may not be the word ‘‘privacy,’’ State. I asked Mr. Pryor if he would be rights in the name of States’ rights. It but the concept of privacy. There are willing to recuse himself in cases in- is an old ploy in America. As the Ala- certain things that we, as individuals, volving the ACLU because he has made bama Attorney General, he filed brief should be protected to make decisions his views very clear that he cannot be after brief with the U.S. Supreme about—the intimacy of marriage, the objective. He said no. But he pledged: Court arguing that Congress has vir- privacy of our personal life. As a judge, I would fairly evaluate any tually no power to protect State em- What I hear in the language of Mr. case brought before me in which the ACLU ployees who are victims of discrimina- Pryor, and many others of his point of was involved. tion. Under his leadership, Alabama view, is really questioning this funda- It is hard to believe that he could fol- was the only State in the Nation to mental concept of protecting indi- low that pledge. This is a man who, by challenge the constitutionality of parts vidual, personal privacy. It is their be- his own admission, became a lawyer so of the Violence Against Women Act. lief, many of them, that the Govern- that he could ‘‘fight the ACLU.’’ Now Thirty-six States filed briefs urging ment should rule on these decisions. he tells us he will be objective on their this important law be upheld in its en- On the issue of voting rights, Mr. cases. tirety, while William Pryor, attorney Pryor has urged Congress to take steps Many of you remember Alabama general of Alabama, was the only one that would undermine the right of Afri- Chief Justice Roy Moore and his mid- who used his position to try to tear can Americans to vote. While testi- night installation a few years ago of a down the Violence Against Women Act. fying before the Judiciary Committee 6,000-pound granite Ten Command- Mr. Pryor also filed a brief in the Su- in 1997, he urged Congress to ‘‘consider ments monument in the middle of the preme Court case Nevada v. Hibbs. In seriously . . . the repeal or amendment Alabama State courthouse. Mr. Pryor it, he argued that Congress has no of section 5 of the Voting Rights Act.’’ and his supporters like to point out power to ensure that State employees This is a key provision that guarantees that Mr. Pryor criticized Chief Justice have the right to take unpaid leave the right of African Americans and Moore for defying a Federal court order from work under the Family Medical other racial minorities to achieve to remove the monument. What they Leave Act. Think about it. Mr. Pryor, equal opportunity in voting. don’t like to talk about nearly as much as Alabama attorney general, said Con- Section 5 requires certain States to or nearly as openly is the fact that Mr. gress had no power to enforce a Federal obtain preapproval before changing Pryor was an early supporter of Chief law. their voting rights standards, such as Justice Roy Moore. He represented The Supreme Court rejected his argu- redistricting or the location of polling Moore vigorously in the litigation of ment and said: Mr. Pryor, this time places. It is clearly a vestige of Amer- this issue. you have gone too far. ica in transition from racial division The Eleventh Circuit ruled that the On the issue of women’s rights, he and discrimination to a more open, display was patently unconstitutional, clearly opposes a woman’s right to equal policy. and a district court subsequently choose. He once called Roe v. Wade Mr. Pryor, as attorney general of issued an injunction to have the monu- ‘‘the worst abomination of constitu- Alabama, raised questions as to wheth- ment removed. Had Mr. Pryor contin- tional law in our history.’’ At Mr. Pry- er or not the Federal Government ued to side with Moore and refused to or’s hearing, Senator SPECTER asked should continue to try to meet that comply with this injunction, he would him if he stood by his statement. He standard. I strongly disagree with that have exposed the State of Alabama to said he did. He went on to say that Roe sentiment. He called section 5 ‘‘an af- substantial monetary sanctions and v. Wade is ‘‘unsupported by the test front to federalism and an expensive possible criminal liability. This is what and structure of the Constitution’’ and burden that has far outlived its useful- Mr. Pryor and his supporters offer as ‘‘has led to the slaughter of millions of ness.’’ proof that he understands and respects innocent unborn children.’’ I say to Mr. Pryor and others who are the venerated, historic, and traditional We are not talking about a nominee white Americans that we cannot pos- wall between church and State. who made an overheated statement 30 sibly understand how much this means,

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6255 what it means to an individual to have ment on the second amendment right We should take care and understand the right to vote, particularly a person to keep and bear arms.’’ what the Constitution says very di- of color, a minority in America, and I will stand here and defend to the rectly about religion. There are three section 5 is there to guarantee it. end the right of an individual to own a references, and the three references As attorney general of Alabama, Mr. firearm legally in America, to use it have really done a good job for Amer- Pryor testified that it had outlived its for legitimate purposes—for self-de- ica in over 200 years. The first is each usefulness. I disagree with his senti- fense, for hunting, for sport—but to person is entitled to his or her reli- ment. Thankfully, so did the Supreme think Mr. Pryor believes the second gious beliefs. Believe what you want to Court and most Members of Congress. amendment right is so absolute that believe in the name of religion or do There are so many other issues. To- we should give guns to men who batter not believe anything. That is your bacco is another one. When it comes to their wives, I just do not understand it. right, your freedom of conscience to tobacco, Mr. Pryor has been one of the It does not show common sense, let make that decision. Nation’s foremost opponents of a crit- alone an understanding of the law. Secondly, this Government will not ical public health issue—compensation Incidentally, he was the only attor- establish a church. We are not going to for the harms caused by tobacco com- ney general in the United States of say this is a Christian nation and ev- panies. He has ridiculed lawsuits America who took that position. erything we do will be handled by the against tobacco companies saying: Mr. Pryor once called those who ex- standards of Christ’s teachings. We This form of litigation is madness. It is a ercised their legal rights against gun cannot do that under our Constitution. threat to human liberty, and it needs to dealers and manufacturers ‘‘leftist We should not do that because of diver- stop. bounty hunters.’’ The list goes on and sity of religious belief. Remember, those are the lawsuits on. Finally, that there be no religious against tobacco companies that had On environmental protection, Mr. test under the Constitution for anyone openly deceived Americans into believ- Pryor was the only State attorney gen- seeking office, as I mentioned earlier. ing their product was safe, leading to eral in the country to file a brief with I think we have to be careful here addictions, disease, and death. And the U.S. Supreme Court arguing that about the use of religion in the debate when lawsuits were brought by attor- the Constitution does not give Con- about William Pryor and careful about neys general across America against gress the authority to protect waters it as we speak on the floor. It is not the tobacco companies, they settled, that provide a habitat for migratory Mr. Pryor’s ideas about religion that knowing they would lose in court, and birds. trouble me. It is his views and record paid billions of dollars, confessing, in In another case, he was the only on women’s right, voting rights, in- the process, their own wrongdoing. State attorney general to file a brief mates’ rights, consumers rights, the Despite that, Attorney General urging the Supreme Court to declare constitutional principle of separation Pryor, in Alabama, said this was a unconstitutional Federal efforts to proof church and State. Time and again, threat to human liberty to bring these tect wildlife on private lands under the as Alabama attorney general, Mr. lawsuits against tobacco companies. Endangered Species Act. Pryor has taken extreme positions, What was he thinking? He has written that his ‘‘favorite vic- made extreme statements on such a His fellow State attorneys general tory of the 2000 term’’ was the Supreme wide range of issues that the 25 to 30 have been highly critical of him for his Court ruling in Alexander v. Sandoval, minutes I have spoken here cannot pos- comments on these tobacco lawsuits. an infamous decision that made it sibly cover it. Former Mississippi Attorney General more difficult to bring environmental He and his supporters say he will be Michael Moore said: justice cases under title VI of the Civil a changed person. He will go through Bill Pryor was probably the biggest de- Rights Act. the so-called confirmation conversion. fender of tobacco companies of anyone I Judge Pryor has served as a recess This will be the new William Pryor. know. He did a better job of defending the to- appointment on the Eleventh Circuit Sadly, I believe, given a lifetime ap- bacco companies than their own defense at- for about a year now. Senator SPECTER, pointment, he will revert to form. He torneys. chairman of the Judiciary Committee, will follow the pattern of his life, the Former Arizona Attorney General whom I respect very much, has now pattern of his statements, and the pat- Grant Woods, a Republican, said this of tried to make the case that he would tern of his beliefs. Mr. Pryor: be a moderate, fairminded judge based Based on review of his record, it is a He’s been attorney general for about 5 min- on 1 year of service, under the glare of risk I cannot, in good conscience, take, utes, and already he’s acted more poorly spotlights, as people watched every de- and I will vote against Mr. Pryor’s than any other attorney general. cision handed down. He suggests he is nomination. These are his colleagues commenting going to change, he is not going to be BIG TOBACCO on his view of the law and his personal the old William Pryor, if we give him Mr. DURBIN. Mr. President, on a sep- philosophy. an appointment to the Eleventh Cir- arate subject, there was a decision Gun control is another issue where cuit. He will be less political. Chair- reached this week by the Department Mr. Pryor has demonstrated disregard, man SPECTER said he will be less of an of Justice which was very troubling. A if not downright hostility, to even rea- activist. lawyer sold out his client. It happens sonable firearm restrictions. I am not persuaded. He has not really all the time. It is wrong, but it hap- In United States v. Emerson, he filed had an opportunity to rule on the full pens. What makes this case unique is an amicus brief with the Supreme spectrum of issues he will face in a life- the lawyer is the Attorney General and Court, arguing the man who was the time on the bench. the client is the people of America. In subject of a domestic violence restrain- There have been only so many cases a lawsuit that had been brought ing order should be allowed to possess which he has considered. Some you can against the tobacco companies, there a firearm. consider liberal in his decisionmaking, was expert testimony to the fact these I can tell you, from my life experi- some conservative, but to take this 1 tobacco companies should pay up to ence and legal experience, that is a year of a probationary period, with this $130 billion over 25 years for lying to very bad position to take. We know close scrutiny, and say that is what he the American people and for all the that if someone has a restraining order is all about, I think is to overstate the medical expenses their deadly product against them because they are going to case. created. A similar lawsuit was brought commit domestic violence, the last Mr. Pryor and his supporters have a by the States not that long ago. So the thing we want to give them is a gun. simple strategy to try to convince the Department of Justice, slow to begin That is what the case is about. Mr. Senate to grant him a lifetime position this process, was taking the tobacco Pryor in that case said, no, they have as a Federal judge. Rather than talk companies to court. a right to have a firearm, even if they about his troubling record or radical Then, out of the blue, came the fol- have a domestic abuse restraining views, they focus on his religious affili- lowing, and this was reported in the order against them. ation and accuse anyone who questions press: He called the Government’s position him of religious discrimination. I think After 8 months of courtroom argument, a ‘‘sweeping and arbitrary infringe- that is wrong. Justice Department lawyers abruptly upset a

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6256 CONGRESSIONAL RECORD — SENATE June 9, 2005 landmark civil racketeering case against the bacco lawyer who was trying to put important State issues. During his ten- tobacco industry yesterday by asking for some credibility into the new position ure as Attorney General, it was his less than 8 percent of the expected penalty. of the Bush administration by saying duty and obligation to represent and Suing for $130 billion, the lawyer for that was not true. defend the laws and interests of the the people of the United States walked So what is the reason? Sadly, it is be- State of Alabama. And while he may into the courtroom this week and said: cause there is too much political im- not have always agreed with those Oh, we just want $10 billion. The story pact by the tobacco lobby on this ad- laws, he consistently fulfilled his re- goes that this Justice Department law- ministration, particularly on Associate sponsibility dutifully and responsibly. yer, Stephen Brody, even shocked the Attorney General Robert McCallum, Long before being nominated to the tobacco company representatives by Jr. Eleventh Circuit, Judge Pryor made it announcing that he only needed $10 bil- Who is he? This is what the L.A. a priority to be open and honest about lion over 5 years. The Government’s Times said about him: his personal beliefs, which is what vot- own expert said $130 billion over 25 Before his appointment in the Justice De- ers expect from the persons whom they years. What a discount. Here is the partment . . . he had been a partner at Al- elect to represent them. Yet he has lead from the story: ston & Bird, an Atlanta-based firm that had shown again and again that when the Government lawyers asked two of their done trademark and patent work for R. J. law conflicts with his personal and po- Reynolds Tobacco. In 2002, McCallum signed own witnesses to soften recommendations litical beliefs, he follows the law as ar- about sanctions that should be imposed on a friend-of-the-court brief by the administration urging the Supreme Court not to con- ticulated by the Constitution and the the tobacco industry if it lost a landmark Supreme Court. civil racketeering case, one of the witnesses sider an appeal by the Government of Canada and sources familiar with the case said yes- to reinstate a cigarette smuggling case Despite his detractors, I believe it is terday. against R. J. Reynolds that had been dis- important to note that actions speak missed. The Department’s ethics office had louder than words, and certainly, Matt Myers, a person I know and cleared McCallum to take part in the case. worked with in the past, said he was Judge Pryor’s actions since joining the Let me point out, in fairness to Mr. asked to basically change his testi- Eleventh Circuit speak volumes about McCallum, that he is not the only mony to lighten up on the tobacco his fairness and impartiality. During friend of the tobacco industry in the companies. He confirmed in this arti- his brief tenure on the Court, Judge Bush administration. There are many. cle. The second witness declined com- Pryor has authored several opinions Does this have something to do with that effectively demonstrate his will- ment, but four separate sources famil- the surprise announcement yesterday iar with the case said the Justice De- ingness to protect the rights of those that the Justice Department was sell- often overlooked in the legal system. partment asked the same of him. ing out its client, the American people, By the time the Government opened In light of all of the information that those addicted to tobacco? That is why its racketeering case against tobacco has been presented here today, I be- Senators LAUTENBERG, KENNEDY, companies last September, it had al- lieve that we must confirm Judge WYDEN, and I have sent a letter to the ready spent $135 million to develop its Pryor. Bill Pryor is a man of the law inspector general of the Justice De- case. Why, at the 11th hour, would the and that is what we need in our Fed- partment, asking him to investigate Government’s own lawyers, the peo- eral judiciary. Whether as a pros- this reversal of position by the Attor- ple’s own lawyers, fold under the pres- ecutor, a defense attorney, the Attor- ney General. ney General of the State of Alabama, sure of the tobacco companies and give Just why in the world has the Attor- away so much potential recovery for or a Federal judge, he understands and ney General of the United States respects the constitutional role of the the taxpayers of America? thrown in the towel, given up, when he Why would they ignore the advice of judiciary and specifically, the role of was supposed to be fighting for people their own expert witness to seek a pen- the Federal courts in our legal system. across America who need this public alty of $130 billion and reduce their de- Indeed, I have no doubt that he will health assistance? make an exceptional Federal judge be- mand to $10 billion over 5 years? I think that is a critical and unan- Even the lawyer for Philip Morris to- cause of the humility and gravity that swered question, which I hope the in- bacco company coordinating the case he brings to the bench. I am also con- spector general will address. fident that he will serve honorably and said as follows: I yield the floor and I suggest the ab- They’ve gone down— apply the law with impartiality and sence of a quorum. fairness—just as he has done during his Meaning the Government, your law- The PRESIDING OFFICER. The brief tenure on the Eleventh Circuit. yer, the attorney— clerk will call the roll. I again encourage my colleagues to from $130 billion to $10 billion with abso- The legislative clerk proceeded to support Judge Pryor’s nomination be- lutely no explanation. It’s clear the Govern- call the roll. cause I believe it is what is right for ment hasn’t thought through what it’s Mr. SHELBY. Mr. President, I ask our people, and it is what is right for doing. unanimous consent the order for the our country. End of quote from Dan Webb, the quorum call be rescinded. lawyer from the tobacco company, who The PRESIDING OFFICER. Without I suggest the absence of a quorum. could not believe what he had heard objection, it is so ordered. The PRESIDING OFFICER. The when the Department of Justice Mr. SHELBY. Mr. President, I rise clerk will call the roll. walked into the courtroom and said: today to express my strong support for The legislative clerk proceeded to We are going to deeply discount the the nomination of Bill Pryor, to serve call the roll. amount we are trying to recover. on the United States Court of Appeals Mr. CHAMBLISS. Mr. President, I Why is this money important? There for the Eleventh Circuit. ask unanimous consent the order for are 45 million smokers in America. I have known Bill for many years and the quorum call be rescinded. Many of them want to quit. The money have the highest regard for his intel- The PRESIDING OFFICER. Without was going to be used for cessation pro- lect and integrity. He is an extraor- objection, it is so ordered. grams, reducing disease and death in dinarily skilled attorney with a pres- Mr. CHAMBLISS. Mr. President, I America, and the Bush administration tigious record of trying civil and crimi- rise today in support of the nomination walked away from it, walked away nal cases in both the Federal and State of Judge William Pryor to the Eleventh from the vast amount already estab- courts. He has also argued several Circuit Court of Appeals. lished in court as the amount nec- cases before both the Supreme Court of I would like to respond to the accusa- essary to move these programs for- the United States and the supreme tions by some of my colleagues con- ward. court of the State of Alabama. cerning Bill Pryor’s comments related In court yesterday, a Philip Morris As the Attorney General of the State to Section 5 of the Voting Rights Act. lawyer tried to explain away the re- of Alabama, Judge Pryor established a Judge Pryor has an outstanding record duced fine by claiming that the Gov- reputation as a principled and effective on civil rights and a demonstrated ernment’s case was in disarray. The legal advocate for the State and distin- commitment to seeking equal justice judge in the case interrupted the to- guished himself as a leader on many for persons of all races.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6257 Nevertheless, some of my colleagues DEPARTMENT OF LAW, court found that Georgia’s plan vio- on the other side have tried to charac- Atlanta, GA, March 31, 2003. lated Section 5. terize Bill Pryor as ‘‘out of the main- Hon. RICHARD SHELBY, During the litigation in the district U.S. Senate, Hart Senate Office Building, stream’’ because, as you have heard, he court, Congressman JOHN LEWIS, a hero Washington, DC. has called for the amendment of Sec- of the civil rights movement, testified Hon. JEFF SESSIONS, tion 5 of the Voting Rights Act. U.S. Senate, Russell Senate Office Building, on behalf of the State of Georgia in Judge Pryor is not out of the main- Washington, DC. support of the plan, noting that Geor- stream on this issue, and I’ll explain DEAR SENATORS: I have had the great gia: why. pleasure of knowing and working with Bill is not the same state it was. It’s not the After you hear who agrees with Pryor over the past five years. Through the same state that it was in 1965 or in 1975, or Judge Pryor on his reasoning here, I National Association of Attorneys General, even in 1980 or 1990. We have changed. We’ve think you will agree with me that if Bill and I have worked together on matters come a great distance. Bill Pryor is ‘‘out of the mainstream’’ of mutual concern to Georgia and Alabama. During that time, Bill has distinguished JOHN LEWIS knows that thoughtful on his critiques of Section 5 of the Vot- review of Section 5 could be of some ing Rights Act, he’s ‘‘out there’’ with himself time and again with the legal acumen that he brings to issues of national or benefit. some great Americans. regional concern as well as with his commit- According to the New York Times, First, let me explain what Section 5 ment to furthering the prospects of good and Georgia’s plan, pushed by both ‘‘white of the Voting Rights Act is about. Sec- responsive government. and black Democrats,’’ represented an tion 5 requires any ‘‘covered States’’— During his tenure as Attorney General, attempt: States that are subject to the Voting Bill has made combating white-collar crime Rights Act—to pre-clear any decision and public corruption one of the centerpieces to reverse [a] trend in Georgia and elsewhere by redistributing some of the black voters to change ‘‘any voting qualification or of his service to the people of Alabama. He joined the efforts of Attorneys General and re-integrating suburban districts to gain prerequisite to voting, or standard, a better chance of electing Democrats. practice, or procedure with respect to around the country in fighting the rising tide of identity theft, pushing through legis- That is a quote from a New York voting.’’ The Supreme Court in Allen v. State lation in the Alabama legislature making Times article of January 18, 2003 at identity theft a felony in Alabama. Bill has A12. Board of Elections has made it clear fought to keep law enforcement in Alabama that the: The New York Times further notes armed with appropriate laws to protect Ala- that Georgia currently has: legislative history on the whole supports the bama’s citizens, pushing for tough money view that Congress intended to reach any laundering provisions and stiff penalties for some safe Democratic districts with large State enactment which altered the election trafficking in date rape drugs. black majorities, along with a sharply in- law of a covered State in even a minor way. Time and again as Attorney General, Bill creased number of Republicans elected from In practice, this means that Section 5 has taken on public corruption cases in Ala- suburban districts that had become increas- requires Federal officials at the De- bama, regardless of how well-connected the ingly white. partment of Justice to approve even defendant may be, to ensure that the public In his brief in Georgia v. Ashcroft, very minor practices related to voting. trust is upheld and the public’s confidence in Georgia Attorney General Thurbert For example, if a State moved a poll- government is well-founded. He has worked Baker cited his own election as an ex- with industry groups and the Better Business ample of how African-American can- ing place from one side of a street to Bureau to crack down on unscrupulous con- another, this action would have to be tractors who victimized many of Alabama’s didates can take ‘‘the overwhelming pre-cleared by the Justice Department more vulnerable citizens. majority of the total vote against their pursuant to Section 5. From the time that he clerked with the white opponents’’ without the benefit Bill Pryor has called the Voting late Judge Wisdom of the 5th Circuit to the of supermajority districts. Rights Act ‘‘one of the greatest and present, though, the most critical asset that The Federal Government opposed most necessary laws in American his- Bill Pryor has brought to the practice of law Georgia’s plan on the ground that Sec- tory,’’ but he has taken to task Federal is his zeal to do what he thinks is right. He tion 5 does not give Georgia the power has always done what he thought was best courts that have ‘‘turned the Act on its to eliminate supermajority minority head and wielded . . . power to deprive for the people of Alabama. Recognizing a wrong that had gone on far too long, he took legislative districts, even in the name all voters of the right to select . . . the opportunity of his inaugural address to of increasing overall minority voting public officers,’’ even though the Act call on an end to the ban on inter-racial mar- power. ‘‘was passed to empower minority vot- riages in Alabama law. Concerned about at- Section 5 has not only placed a bur- ers in the exercise of the franchise.’’ risk kids in Alabama schools, he formed den on covered States, but also on the As Alabama Attorney General, Bill Mentor Alabama, a program designed to pair Justice Department, which has wasted Pryor was by no means alone in his volunteer mentors with students who needed time by being forced to pre-clear a criticisms of the Section 5 of the Vot- a role model and an attentive ear to the problems facing them on a daily basis. huge number of changes in voting prac- ing Rights Act. tices that have nothing to do with mi- In a brief before the Supreme Court These are just a few of the qualities that I nority voting rights. in the case of Georgia v. Ashcroft, believe will make Bill Pryor an excellent candidate for a slot on the 11th Circuit Court Section 5 requires covered states to Thurbert Baker, our State Attorney of Appeals. My only regret is that I will no pre-clear any decision to change: General in Georgia, who himself is a longer have Bill as a fellow Attorney General any voting qualification or prerequisite to Democrat and African-American, fighting for what is right, but I know that called Section 5 an ‘‘extraordinary voting, or standard, practice, or procedure his work on the bench will continue to serve with respect to voting. transgression of the normal preroga- as an example of how the public trust should tives of the states’’ and ‘‘a grave intru- be upheld. Again, the Supreme Court has made sion into the authority of the states.’’ Sincerely, it clear that the: General Baker also stated that: THURBERT E. BAKER. legislative history on the whole supports the Section 5 was initially enacted as a ‘‘tem- Mr. CHAMBLISS. General Baker goes view that Congress intended to reach any porary’’ measure to last five years precisely on in his letter to my colleagues from state enactment which altered the election because it was so intrusive. Alabama to say: law of a covered State in even a minor way.’’ Mr. President, I ask unanimous con- My only regret is that I will no longer have That statement is included in Allen v. sent to have a copy of a letter that Bill as a fellow Attorney General fighting for State Board of Elections, 393 U.S. 544, 566. General Baker wrote back in 2003 to what is right, but I know that his work on For example, if a State moved a poll- Senators SHELBY and SESSIONS of Ala- the bench will continue to serve as an exam- ing place from one side of a street to bama, in which General Baker de- ple of how the public trust should be upheld. another, this action would have to be scribes Bill Pryor as ‘‘an excellent can- Judge Pryor’s concerns about Sec- pre-cleared by the Justice Department didate for a slot on the 11th Circuit tion 5 have been borne out in Georgia, pursuant to section 5, which indicates Court of Appeals,’’ printed in the where the State appealed to the Su- that ‘‘any change in the boundaries of RECORD. preme Court in Georgia v. Ashcroft to voting precincts or in the location of There being no objection, the mate- have a recent redistricting plan ap- polling places’’ requires pre-clearance. rial was ordered to be printed in the proved following the 2000 decennial Another great American, the late RECORD, as follows: census, and after a Federal district U.S. Supreme Court Justice Lewis

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6258 CONGRESSIONAL RECORD — SENATE June 9, 2005 Powell also criticized section 5 of the my fellow Georgians, John Lewis and plead with the President and my col- Act. Thurbert Baker, have expressed con- leagues to look to the future. Look to President Clinton has called Justice cerns with Section 5 of the Voting a future where harmony can replace Powell ‘‘one of our most thoughtful Rights Act, just as Bill Pryor did and acrimony in the Senate, where biparti- and conscientious judges’’ and a Jus- just as the late Justice Lewis Powell sanship can replace one-upmanship, tice who reviewed cases ‘‘without an did. and where discourse can replace dema- ideological agenda.’’ This is not out-of-the-mainstream goguery. How can that be done? It is In 1973, in another case styled as thinking; it’s thoughtful and sincere very simple. The President can, as he Georgia v. United States, Justice Pow- analysis. said he would in a recent press con- ell wrote in a dissenting opinion that: Even the liberal New York Times had ference, consult meaningfully with It is indeed a serious intrusion, incompatible to concede as much in its comments re- Senators before trying to jam extreme with the basic structure of our system, for garding Georgia’s redistricting plan. nominees down our throats. federal authorities to compel a state to sub- Bill Pryor’s nomination to the Elev- The renomination of Bill Pryor was mit its [reapportionment] legislation for ad- enth Circuit enjoys strong bipartisan the most breathtaking example of the vance review [under section 5]. support in his home State of Alabama, President’s ignoring checks and bal- The most important point I would and in my home State, which is also ances and bypassing the Senate’s role like to stress is that despite Mr. Pry- part of the Eleventh Circuit. in the nomination and confirmation or’s well-documented concerns about A month ago, I visited with a number process. The President stuck a thumb Section 5 of the Voting Rights Act, he of my district court judges, all of in the eye of bipartisanship when he re- has vigorously enforced all provisions whom said that in their contact with nominated people like Janice Rogers of the Act. the Eleventh Circuit Court of Appeals, Brown, Priscilla Owen, and Richard Let me give you two examples. First, they had nothing but great things to Myers after they were rejected by the when Alabama state legislator J.E. say about the job Bill Pryor is doing as Senate. Turner died and the new candidate an interim appointee to the Eleventh But the President did not get his way wanted to use stickers to place his Circuit. I urge my colleagues to vote in with William Pryor, and then he took name on the ballot, Attorney General favor of his confirmation today. the truly extraordinary step of making Pryor issued an opinion stating that The PRESIDING OFFICER. The Sen- a recess appointment. While the re- the use of stickers required pre-clear- ator from New York. nomination of rejected judges was a ance under Section 5 of the Act. Cer- Mr. SCHUMER. Mr. President, I am thumb in the eye to bipartisanship, the tainly this illustrates that Bill Pryor here to speak on the nomination of recent appointment of Bill Pryor was a was able to separate his personal dis- William Pryor to the Eleventh Circuit. punch in the face. This was particu- agreement with the requirements of Bill Pryor’s nomination is the last of larly outrageous because not only is Section 5 from his duty as Alabama’s the three covered by the deal worked Bill Pryor one of the most ideologi- Attorney General to enforce the provi- out by 14 of our colleagues to avoid cally driven nominees we have ever sion despite his personal views. meltdown in the Senate. seen but also because there were ques- A second example involved Mr. Pry- Yesterday was the vote on Janice tions about his credibility with the or’s successful defense of several ma- Rogers Brown. It was a sad vote. Not a committee, and there was an unfin- jority-minority voting districts, ap- single Republican Senator broke with ished investigation regarding the Re- proved under Section 5, from a chal- his or her party to vote against a nomi- publican Attorney General Association lenge by a group of white Alabama vot- nee whom even the National Review, that he founded. ers in the Sinkfield v. Kelley case. The George Will, and others singled out for It is not enough for him or any other voters, who were residents of various her judicial activism and radicalism. It nominee to simply say: I will follow majority-white voting districts, sued showed again that the other side is the law. His views are too well known. the State of Alabama in Federal court, willing to march in almost total lock- His record is clear about how he will claiming that Alabama’s voting dis- step with the President. If they had vote as a judge. We all know that judg- tricts were the product of unconstitu- their way, the Senate would be a coming is not a rote process. We all know tional racial gerrymandering. plete rubberstamp for any nominee the our own individual values and thoughts The districts were created under a President proposes—totally against influence how we interpret the law. If state plan whose acknowledged purpose what the Founding Fathers intended it were just by rote, we would have was the maximization of the number of this Senate to be. computers on the bench instead of men majority-minority districts in Ala- The count is 2,921 to 2. Out of almost and women in black robes. There is a bama. Attorney General Pryor person- 3,000 votes on appellate court nomi- degree of subjectivity, especially in ally defended the majority-minority nees, 44 in all, only twice have Repub- close cases and controversies on hot- districts all the way to the U.S. Su- lican Senators dared to deviate from button issues. It is hard to believe that preme Court, which held that the white the party line. Is that the kind of inde- the incredibly strong ideological bent voters could not sue because they did pendent thinking that an up-or-down of this nominee will not have an im- not reside in the majority-minority vote entails? It is a sad day, indeed. pact on how he rules. district and had not personally been For sure, Janice Rogers Brown’s views As my colleagues know, I have no lit- denied equal treatment. do not mirror those of most of my col- mus test when it comes to nominees. I When some of these provisions of the leagues or even come close. am sure most of this President’s judi- Voting Rights Act are up for renewal, In a moment, I will go through all cial nominees have been pro-life, but I we should review and consider them in the reasons I am opposed to Judge Pry- voted for so many of them because I a very deliberative, bipartisan manner or’s nomination and all the things he have been persuaded they are com- to make sure that the law today re- said with which I strongly disagree. mitted to upholding the rule of law. I, flects the realities of our society here Here is one I agree with. In his testi- for one, believe a judge can be pro-life in the 21st Century. mony before the Senate in 1997, Judge and yet be fair and balanced and up- Thurbert Baker and Bill Pryor, as at- Pryor told Senators, ‘‘Your role of ad- hold the woman’s right to choose. But torneys general of two neighboring vice and consent in judicial nominees for a judge to set aside his or her own states in the South, know this to be cannot be overstated.’’ On this point, personal views, the commitment to the the case one is African-American and Judge Pryor and I see eye to eye. rule of law must clearly supersede his one is white; one is a Democrat and the As we await a slew of new nomina- or her personal agenda. That is a trick other is a Republican, but together tions from the President, as we await some can pull off. Not everybody can. they share a vision of making the vot- the possible retirement of a Supreme Let’s take a moment to review some ing rights laws of our country effective Court Justice, and as we vote on the of the more radical remarks William and enforceable in today’s times. current nominees in the wake of an Pryor has made and some of the more To sum up, Bill Pryor has established agreement that specifically urged polemical positions he has taken. On an impressive record as a fair, diligent, President Bush to consult the Senate criminal justice issues, I tend to be and competent public servant. Two of in advance of nominations, I again conservative. I tend to agree with most

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6259 of my Republican colleagues. But there taking remedies to deal with women whether from the left or the right, do are lines which should not be crossed. who are so beaten makes no sense to not belong on courts of appeals. William Pryor defended his State’s me. I will suggest that you do not need to practice of handcuffing prisoners to In commenting on that law, Pryor take my word for it. Here is what hitching posts in the hot Alabama Sun said: Grant Woods, the former attorney gen- for 7 hours without even giving them a One wonders why [VAWA] enjoys such po- eral of Arizona, and a conservative Re- drop of water to drink, and then he litical support, especially in the Congress. publican, said of Mr. Pryor: While I criticized the Supreme Court—hardly a One wonders why it enjoys such sup- would have great question of whether liberal court—when it held this prac- port when, for the first time, we in Mr. Pryor has an ability to be non- tice violated the eighth amendment Washington, hailed by Republicans and partisan, I would say he was probably ban on cruel and unusual punishment. Democrats, started trying to help the most doctrinaire and partisan at- We do have standards. We are not a me- women who were beaten by their hus- torney general I have dealt with in 8 dieval society, even for those of us who bands? When they used to go to certain years. So I think people would be wise believe in tough punishment. What police stations, they were told—not out to question whether or not he is the Pryor did, he goes far, too far, to say of malice but out of ignorance—go right person to be nonpartisan on the the least. In criticizing the Supreme home, it is a family matter; whose chil- bench. Court’s decision, he accused the Jus- dren had watched them be hit? And he I could not have said it better myself. tices of applying their own subjective cannot understand why it enjoys such Mr. President, I yield the floor. views on appropriate methods of prison political support? He is not the kind of The PRESIDING OFFICER (Mr. discipline. The Supreme Court, which I man I want on the court of appeals. CHAMBLISS). The Senator from Iowa. believe was unanimous—or maybe 8 to How about child welfare? Bill Pryor’s Mr. HARKIN. Mr. President, I am 1—in rejecting William Pryor’s view, ardent support of States rights extends here to speak again, as so many before was far more appropriate than he was. even to the realm of child welfare. At me, on the nomination of William He also called the Supreme Court’s the same time he was conceding that Pryor to the Eleventh Circuit Court of decision in Miranda—something that is Alabama had failed to fulfill the re- Appeals. part of judicially accepted law—one of quirements of a Federal consent decree Now, we have heard many concerns the worst examples of judicial activ- regarding the operation of a child’s and complaints about Mr. Pryor. We ism. welfare system, he was demanding his have heard that Mr. Pryor cost his He has vigorously opposed the ex- State be let out of the deal. State millions of dollars when he re- emption of retarded defendants from On environment, we have more of the fused to join litigation seeking to hold being executed. He submitted an ami- same concerns. Pryor was the lone at- tobacco companies accountable for the cus brief to the Supreme Court in At- torney general to file an amicus brief cost of smoking because he believes kins v. Virginia, and he argued that arguing the Constitution does not give that ‘‘smokers, as a group, do not im- mentally retarded individuals should the Federal Government power to regu- pose the cost of their habit on the gov- be subjected to the death penalty like late interstate waters as a habitat for ernment’’ and, listen to this, that the anyone else. migratory concerns. premature deaths of smokers actually When issues have been raised about When it comes to disabilities, con- save the Government the cost of ‘‘So- the fair and just administration of pun- trast Mr. Pryor’s approach with the ap- cial Security, pensions, and nursing ishment, particularly in some of these proach he took in Bush v. Gore. Bill home payments.’’ cases, Mr. Pryor’s reaction has been to Pryor was the lone State attorney gen- We have heard about Mr. Pryor’s vig- scoff. eral to file an amicus brief supporting orous defense of Alabama’s use of the When asked what steps Alabama the Supreme Court’s intervention in hitching post as a punishment, a prac- would take to ensure that the death Florida’s election dispute. Every other tice the Supreme Court held to be cruel penalty was fairly applied—and I have attorney general, Democrat and Repub- and unusual punishment. supported the death penalty—regard- lican, had the sense to stay out of this So there has been a lot of talk about less of the defendant’s race, he said: dispute. Not Mr. Pryor. different things about Mr. Pryor and I would hate for us to judge the criminal Yet when it came to the ADA, the what he has stood for, but I am here justice system in a way where we excuse peo- disabilities act, Mr. Pryor was the driv- specifically to talk about Mr. Pryor’s ple from committing crimes because, well, ing force behind the case in which a persistent, repeated efforts to elimi- we have imposed enough punishment on that nurse contracted breast cancer, took nate the ability of people with disabil- group this year, and that’s precisely what time off to deal with her illness, and ities to receive equal treatment in our you are being asked to think of with that when she returned—in violation of the society. I am here to talk about this kind of analysis. ADA—she found that she was demoted. nominee’s hostility toward the Ameri- It is ridiculous. The analysis simply In conclusion, Mr. Pryor is extreme. cans with Disabilities Act. said, don’t take race into account. This Again, why is he, over and over again, Most of my colleagues know that I is a judge who will be fair and impar- 1 of the 50 attorneys general—there are had a brother who was deaf. Through tial and open to advocates’ positions on a lot of conservative attorneys gen- his eyes, my family and I saw firsthand both sides of an issue? eral—to file these briefs? Why is he, on what discrimination against persons How about States rights? Mr. Pryor things that are part of the mainstream with disabilities looks like. It was, and has been one of the staunchest advo- of American feelings and jurispru- still is, very real. cates of efforts to roll back the clock, dence—environment, Americans With When we in Congress sought to rem- not just to the 1930s but to the 1890s. Disabilities Act—way over? edy this history of discrimination, we He is an ardent supporter of an activist Why did he say: spent years laying out, piece by piece, Supreme Court agenda cutting back I will end with my prayer for the next ad- a legislative record fully documenting Congress’s power to protect women, ministration. Please, God, no more Souters? the overwhelming evidence that dis- workers, consumers, the environment, That is what he said before the Fed- crimination against people with dis- and civil rights. eralist Society, a Republican appointee abilities in America was rampant. At As Alabama’s attorney general, Mr. to the bench. The man is clearly an the time we passed this bill, we took Pryor filed the only amicus brief from ideologue. The man does not respect care to make sure that this important among the 50 States. Only 1 attorney the rule of law in too many instances. civil rights law had the findings and general out of all 50 filed a brief urging As I have said before, Bill Pryor is a the constitutional basis to pass muster the Supreme Court to undo significant proud and distinguished ideological with the Supreme Court. The signing of portions of the Violence Against warrior. But ideological warriors, the ADA was the culmination of a Women Act. I am a proud author of whether from the left or from the monumental bipartisan effort that that act. I carried the bill in the House right, are bad news for the bench. They sought to right decades worth of when I was a Congressman. And to be tend to make law, not interpret law. wrongs. so opposed to preventing women from That is not what any of us should want So what did William Pryor have to being beaten by their husbands and from our judges. Ideological warriors, say about this bill that was signed by

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6260 CONGRESSIONAL RECORD — SENATE June 9, 2005 President Bush in 1990, supported over- DISABILITY COMMUNITY OPPOSITION TO PRYOR MASSACHUSETTS whelmingly by the American people, NATIONAL Stavros Center for Independent Living (Am- supported overwhelmingly by both Re- AAPD herst, MA) publicans and Democrats in the Senate ACCESS FOR AMERICA MISSISSIPPI and the House? What did he have to say ADA WATCH Mississippi Statewide Independent Living about it? In the case of Board of Trust- Bazelon Center for Mental Health Law Council ees of the University of Alabama v. National Association of the Deaf (NAD) Mississippi Coalition for Citizens with Dis- National Coalition on Self Determination, Garrett, he argued that Congress did abilities Inc. MONTANA not identify ‘‘even a single instance of National Disabled Students Union (NDSU) unconstitutional conduct’’ to support National Council on Independent Living Summit Independent Living Center, Inc., the Americans with Disabilities Act. (NCIL) (Missoula, MT) This is complete and utter nonsense. United Spinal (formerly Eastern Paralyzed Living Independently for Today and Tomor- We documented it, hundreds and hun- Veterans) row, (Billings, MT) dreds and hundreds of cases of uncon- World Association of Persons with Disabil- NEW JERSEY stitutional discrimination against peo- ities Center for Independent Living of South Jer- ple with disabilities—cases of the ALABAMA sey (Westville) Independent Living Center of Birmingham, Heightened Independence and Progress forced sterilization of people with dis- (Hackensack) abilities, the denial of educational op- Alabama NEW YORK portunities, unnecessary institu- Center for Independent Living of Jasper, Ala- bama ARISE (Syracuse) tionalizations, among others. ALASKA Southern Tier Independence Center (Bing- Mr. Pryor has made no secret of the hamton) Southeast Alaska Independent Living fact that he does not believe we in Con- The Genesee Region Independent Living Cen- gress have the power to pass laws to ARIZONA ter (Batavia, NY) protect people from discrimination. He Arizona Bridge to Independent Living (ABIL) Northern Regional Center for Independent has worked hard to find cases with of Phoenix, AZ Living (Watertown) which to challenge the power of Con- Services Maximizing Independent Living and OHIO Empowerment (SMILE) of Yuma, AZ gress to protect victims of domestic vi- The Ability Center of Defiance, OH New Horizons Independent Living Center, The Ability Center of Greater Toledo (Syl- olence, victims of age discrimination, (Prescott Valley, AZ) and women seeking to take maternity vania) CALIFORNIA leave under the Family and Medical Tri-County Independent Living, (Akron, OH) Leave Act. He has also repeatedly filed California Council of the Blind OREGON California Democratic Party Disabilities Disability Advocacy for Social and Inde- cases challenging Congress’s authority Caucus pendent Living (DASIL), (Jackson Coun- to allow Americans with disabilities to Disability Resource Agency for Independent ty, OR) live full and productive lives under the Living, (Stockton, CA) Americans with Disabilities Act. Independent Living of Southern California PENNSYLVANIA Now, some of my colleagues may re- Independent Living Center, Claremont, CA Pennsylvania Statewide Independent Living member that 2 years ago I stood on (Claremont, CA) Council this floor and asked Senators to oppose Independent Living Resource Center of San Pennsylvania Council for the Blind the nomination of Jeffrey Sutton be- Francisco, CA SOUTH CAROLINA Independent Living Resource Center, Ven- cause Mr. Sutton had devoted a signifi- Disability Resource Center, (North Charles- tura, CA (Ventura, CA) ton, SC) cant portion of his legal career to try- Placer Independent Resource Services TENNESSEE ing to have the Americans with Dis- Southern California Rehabilitation Services abilities Act and other laws designed to California Foundation for Independent Liv- Tennessee Disability Coalition protect Americans from discrimination ing Centers (CFILC) TEXAS declared unconstitutional. At that COLORADO Houston Area Rehabilitation Association time, many of my colleagues on the Center for Independence Grand Junction ABLE Center for Independent Living, (Odes- other side of the aisle argued that Jef- (Grand Junction, CO) sa, TX) VIRGINIA frey Sutton should be confirmed be- FLORIDA Disabled Action Committee, Dale City, VA cause he was simply doing the work on Access Now behalf of his client. Well, guess who his Center for Independent Living of South Flor- WEST VIRGINIA client was. The client was William ida (Miami, FL) Fair Shake Network (Institute, WV) Pryor, then-attorney general of Ala- Self Reliance, Inc. (Tampa, FL) Mountain State Centers for Independent Liv- bama. IDAHO ing (Huntington) It is hard to imagine any other nomi- Disability Action Center NW, Inc. (Coeur WISCONSIN nee with such a record of aggressive D’Alene, ID) Options for Independent Living (Green Bay, negative activism. Given the record of ILLINOIS WI) William Pryor, it is impossible to Center for Independent Living of Illinois/ Unknown: Options Center for Independent imagine that someone with a disability Iowa Living—Illinois or MN/ND? rights or civil rights claim will get a Lake County Center for Independent Living ADA WATCH, NATIONAL COALITION fair decision by him. Illinois Network of Centers for Independent Living FOR DISABILITY RIGHTS, So I cannot support putting someone Washington, DC, June 10, 2004. IOWA on a Federal circuit court who has Hon. PATRICK LEAHY. gone out of his way and worked hard Center for Independent Living of Illinois/ DEAR SENATOR LEAHY: ADA Watch is an al- affirmatively to undermine the Ameri- Iowa liance of hundreds of disability and civil cans with Disabilities Act. And that is KANSAS rights organizations united to protect the what he has done. Southeast Kansas Independent Living Re- Americans with Disabilities Act (ADA) and Mr. President, I have a list of 68 source Center (SKIL) the civil rights of people with disabilities. Prairie Independent Living Resource Center The disability community is opposed to the groups, disability-related groups. They confirmation of Alabama Attorney General represent the interests of individuals (PILR), Hutchinson KS Cherokee County Advocacy Group William Pryor because we do not believe a with disabilities, both nationally and person with a disability would receive a fair some in States. I ask unanimous con- KENTUCKY hearing from a ‘‘Judge Pryor.’’ sent that the list of these 68 organiza- Kentucky Disabilities Coalition Pryor has demonstrated a commitment to tions, along with a few letters from a MAINE extremism rather than to justice. Pryor’s right-wing ideology is far outside the main- number of the groups, be printed in the Maine Developmental Disabilities Council stream of American legal thought. Pryor has RECORD. MARYLAND led the battle to undo the work of a demo- There being no objection, the mate- Eastern Shore Center for Independent Liv- cratically-elected Congress to legislate fed- rial was ordered to be printed in the ing, (Cambridge, MD) eral protections for American citizens. De- RECORD, as follows: The Freedom Center (Frederick, MD) spite widespread bipartisan support for the

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6261 Americans with Disabilities Act (ADA), Association of the opposes the confirmation of William Pryor Pryor said he was ‘‘proud’’ of his role in Deaf Law and Advo- to the U.S. Court of AppeaIs for the Eleventh weakening the ADA and ‘‘protecting the cacy Center. Circuit. hard-earned dollars of Alabama taxpayers People with disabilities have worked long when Congress imposes illegal mandates on ILLINOIS/IOWA CENTER FOR and hard to bring about the Americans with our state. INDEPENDENT LIVING, Disabilities Act (ADA) and rely on the Act’s William Pryor, nominated to the U.S. Rock Island, IL, July 21, 2003. protections to ensure that employers, Court of Appeals for the Eleventh Circuit, Please note that the Illinois/Iowa Center schools, governmental entities and business has been a leader in the effort to limit con- for Independent Living opposes the nomina- both large and small do not discriminate gressional power to enact laws protector tion for William Pryor. We strongly feel that against anyone because of a disability. civil rights. Pryor has prevailed in a series of Mr. Pryor and his record as the Attorney William Pryor has taken positions about 5–4 cases before the Supreme Court that have General in Alabama does NOT support nor ADA related cases that cause disability ad- curtailed civil rights, including the Board of represent the millions of people with disabil- vocates to have serious concerns about his Trustees of Alabama v. Garrett, which success- ities or their basic civil rights. Please know ability to be objective in such cases. We fully challenged the constitutionality of ap- that we will do all we can to see that his strongly urge that William Pryor not be con- plying the Americans with Disabilities Act nomination is stopped! Thank you for your firmed to a position on the Eleventh Circuit of 1990 to states as employers. cooperation and help! Court of Appea1s. Pryor argued that the protections of the SUSAN A. SACCO. NANCY HODGINS, ADA were ‘‘not needed’’ to remedy discrimi- Advocacy Coordinator. THE ABILITY CENTER OF nation by states against people with disabil- EILEEN GOFF, ities. This decision prevents persons with GREATER TOLEDO, Executive Director. disabilities from collecting monetary dam- Sylvania, OH, July 14, 2003. TO THE SENATE JUDICIARY COMMITTEE: The ages from state employers. Most signifi- JUNE 10, 2003. Ability Center of Greater Toledo expresses cantly, it has resulted in fewer attorney its adamant opposition to the nomination of DEAR SENATOR LEAHY: The disability com- being willing to represent individual in ADA William Pryor to the U.S. Court of Appeals munity is opposed to the confirmation of cases against state employers. Despite the for the Eleventh Circuit. Our opposition is Alabama Attorney General William Pryor massive record of egregious conduct toward based on his record as an attorney, as an At- because we do not believe a person with a individuals with disabilities by states that torney General and on his comments made disability would receive a fair hearing from Congress has compiled—including instances publicly which represent his personal views. a ‘‘Judge Pryor.’’ of forced sterilization of individuals with dis- Mr. Pryor’s professional position in cases Why? abilities, unnecessary institutionalization, such Garrett v. Alabama, and Alexander v. Pryor has demonstrated a commitment to denial of education, and systemic prejudices Sandoval, to name a few, indicate a distinct extremism rather than to justice. Pryors and stereotyping perpetrated by state ac- inclination toward the protection of states right-wing ideology is far outside the main- tors—Pryor argued that states were actually from individual’s attempt to protect them- stream of American legal thought. in the forefront of efforts to protect the selves under federal civil rights laws. The re- William Pryor, nominated to the U.S. rights of individuals with disabilities. sults of cases like these seriously weaken the Court of Appeals for the Eleventh Circuit, Pryor is a leading architect of the recent enforcement of laws like the Americans with has been a leader in the effort to limit con- ‘‘states’ rights’’ or ‘‘federalism’’ movement Disabilities Act and therefore seriously af- gressional power to enact laws protecting to limit the authority of Congress to enact fect the independence and quality of life of civil rights. Pryor has prevailed in a series of laws protecting individual and other rights. American citizens with disabilities. 5–4 cases before the Supreme Court that have He is among those fighting to eliminate fed- Mr. Pryor’s publicly declared notion that curtailed civil rights, including the Board of eral protections and leave us with a patch- the ADA was not needed, that there was no Trustees of Alabama v. Garrett, which suc- work of uneven civil rights protections de- pattern of discrimination by the states, that cessfully challenged the constitutionality of pendent on an individual’s zip code. Congress therefore had no authority to enact applying the Americans with Disabilities Act Sincerely, its protections, flies in the face of the thou- of 1990 to states as employers. JIM WARD. sands of cases of discrimination identified by Pryor argued that the protections of the Congress. His attitudes are a slap in the face ADA were ‘‘not needed’’ to remedy discrimi- OPPOSITION TO CONFIRMATION OF NOMINEE of American citizens who were forced to be nation by states against people with disabil- WILLIAM H. PRYOR, JR. TO U.S. COURT OF sterilized, institutionalized and otherwise ities. This decision prevents persons with APPEALS FOR THE ELEVENTH CIRCUIT denied access to places and things that able- disabilities from collecting monetary dam- The National Association of the Deaf bodied people take for granted. The passage ages from state employers. Most signifi- (NAD) is opposed to the confirmation of of the ADA opened doors, literally and figu- cantly, it has resulted in fewer attorneys nominee William H. Pryor, Jr., to the U.S. ratively, to thousands of individuals to live, being willing to represent individuals in work and play when and where they chose. Court of Appeals for the Eleventh Circuit. ADA cases against state employers. Despite Unfortunately there continues to be defiance Currently the Attorney General for the the massive record of egregious conduct to- and ignorance of employers, businesses and State of Alabama, Pryor is a ‘‘states’ rights’’ ward individuals with disabilities by states government entities regarding the right to and ‘‘federalism’’ ideologue, a leader in the that Congress had compiled—including in- access and opportunity granted to all citi- movement to limit the authority of Congress stances of forced sterilization of individuals zens. The ADA, and other civil rights legisla- to enact laws protecting individual civil with disabilities, unnecessary institutional- tion, is the only defense people with disabil- rights. Pryor has fought aggressively against ization, denial of education, and systemic ities can call on to realize their independ- the Americans with Disabilities Act (ADA) prejudices and stereotyping perpetrated by ence and potential. There is no other protec- and other laws that protect Americans with state actors—Pryor argued that states were tion or defense. disabilities and other minorities. The Ability Center asks that you oppose actually in the forefront of efforts to protect The NAD is opposing Pryor because of his this nomination as a statement that the the rights of individuals with disabilities. outspoken activism against federal civil civil rights of all U.S. citizens are a priority Pryor has led the battle to undo the work rights protections for people with disabil- above all else. Oppose the nomination to of a democratically-elected Congress to leg- ities and other minorities. His commitment send a message that any judicial candidate islate federal protections for American citi- is to ideology, not to justice. who demonstrates, in word and deed, ex- zens. Despite widespread bipartisan support Established in 1880, the NAD is the nation’s treme ideology is not an appropriate choice for the Americans wi1h Disabilities Act, oldest and largest nonprofit organization for the judicial bench. Oppose the nomina- (ADA). Pryor said he was ‘‘proud’’ of his role safeguarding the accessibility and civil tion because it is a lifetime appointment and in ‘‘protecting the hard-earned dollars of rights of 28 million deaf and hard of hearing that such an appointment represents a seri- Alabama taxpayers when Congress imposes Americans across a broad range of areas in- ous and real threat to millions of citizens illegal mandates on our state.’’ cluding education, employment, health care, with disabilities. Appoint individuals to the Pryor is a leading architect of the recent and telecommunications. federal court system who have demonstrated ‘‘states’ rights’’ or ‘‘federalism’’ movement The NAD is a dynamic federation of 51 an ability to interpret the law without bias to limit the authority of Congress to enact state association affiliates including the Dis- and extreme ideologies. This is not William laws protecting individual and other rights. trict of Columbia, organizational affiliates, Pryor. He is fighting to reverse the results of our and national members. Primary areas of Sincerely, nation’s civil war and leave us with a patch- focus include grassroots advocacy and em- SUSAN HETRICK, work of uneven civil rights protections de- powerment, policy development and re- Advocacy Director. pendent on an individual’s zip code. search, legal assistance, captioned media, in- He personally has been involved in key Su- formation and publications, and youth lead- HEIGHTENED INDEPENDENCE preme Court cases that, by narrow 5–4 ma- ership. AND PROGRESS, jorities, have restricted the ability of Con- KELBY N. BRICK, Hackensack, NJ, July 14, 2003. gress to protect Americans’ rights against Associate Executive Heightened Independence and Progress discrimination and injury based on dis- Director, National (hip) Center for Independent Living strongly ability, race, and age. Worse, he has urged

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the Court to go even further than it has in THE FREEDOM CENTER, INC. INDEPENDENT LIVING RESOURCE the direction of restricting congressional au- Frederick, MD, Ju1y 21, 2003. CENTER—SAN FRANCISCO, thority. Just last month, for example, the JIM WARD, San Franciso, CA, July 3, 2003. Court, in an opinion by Chief Justice Executive Director, ADA Watch Coalition, Hon. DIANNE FEINSTEIN, Rehnquist, rejected Pryor’s argument that Washington, DC. San Francisco, CA. the states should be immune from lawsuits DEAR JIM: I am the Executive Director for DEAR SENATOR FEINSTEIN: I am contacting for damages brought by state employees for the Freedom Center, a center for inde- you with great concern about the possible violation of the federal Family and Medical pendent living in Frederick, MD. We em- appointment of an anti-ADA judicial activist Leave, Act. power persons with disabilities to lead self- to the 11th Circuit Federal Court of Appeals, VICTORIA WOLF, directed, independent, and productive lives Alabama Attorney General Bill Pryor. I am Assistive Technology in a barrier-free community. We work to en- asking you, on behalf of the over 150,000 peo- Specialist, Disability sure the removal of physical and attitudinal ple with disabilities in San Francisco that Resource Agency for barriers that are faced by Americans with our agency represents to firmly oppose Mr. Independent Living. disabilities. Pryor’s appointment. We, on behalf of the disability community, Attorney General Pryor has proved on are strongly opposed to the nomination of EASTERN PARALYZED VETERANS many occasions that he is an opponent not Alabama Attorney General William G. ASSOCIATION, only of the ADA, but of other civil rights Pryor. We are strongly opposed to the con- Jackson Heights, NY, July 14, 2003. legislation as well. Mr. Pryor did not support firmation of his appointment to the U.S. Hon. ORRIN G. HATCH, the passage of an Alabama State disability Court of Appeals for the Eleventh Circuit. U.S. Senate, rights law; has opposed enforcement of ADA This is a lifetime appointment which could Title II to state prisons (arguments that Washington, DC. eventually lead to an appointment to the Su- DEAR SENATOR ORRIN G. HATCH: The East- were rejected by the U.S. Supreme Court); preme Court. Attorney General Pryor’s ern Paralyzed Veterans Association strongly right-wing ideology is far outside the main- has supported denial of patients’ rights for opposes the confirmation of William Pryor stream of American legal thought. He is re- Medicaid recipients; among other affronts to to the Eleventh U.S. Circuit Court of Ap- sponsible for the weakening of the ADA in civil rights. This is hardly a neutral judicial peals. In the past, Mr. Pryor’s attempts to recent Supreme Court battles. He took a po- appointment. limit Congressional authority in the area of sition against Patricia Garrett in her case We are concerned, Senator, that you hear disability rights have directly undermined against the State of Alabama when she was the voices of your constituents with disabil- the protections given to people with disabil- wrongly discriminated against because of her ities. We find it ironic on the eve of our ities through the Americans with Disabil- disability. He followed her to the Supreme country’s ‘independence day’ that such an ities Act (ADA) and other disability rights Court and was responsible for influencing the opponent of independence for people with laws. Supreme Court by hiring an extreme Fed- disabilities should be a nominee to such a In Board of Trustees of University of Alabama key judicial post. Please oppose this nomina- v. Garrett, Mr. Pryor formulated the argu- eralistic, right wing, and a State’s Rights activist lawyer to represent the State of Ala- tion. ment that Congress did not have the author- Sincerely, ity under the Constitution to apply the ADA bama. Because the Supreme Court ruled in PAMELA S. FADEM, to States in employment discrimination favor of the State of Alabama against Ms. Information Manager, ILRCSF. suits for damages. Additionally, Pryor suc- Garrett, the ADA has been weakened. One cessfully persuaded in 5–4 majority of the Su- can no longer sue a state government or en- Mr. HARKIN. Here are 68 different preme Court in Alexander v. Sandoval that in- tity under the Federal ADA. It is Attorney disability groups from all over the General Pryor’s belief that the ADA is un- dividuals cannot sue to enforce regulations United States. under Title VI of the Civil Rights Act of 1964. constitutional. In this respect, he has undermined Congress’s effort to protect all Ameri- This is from the National Association Since the decision was issued states have of the Deaf: begun to use its reasoning in efforts to per- cans regardless of what state they live in. He suade the courts that people with disabilities has attacked Section 504 of the Rehabilita- The National Association of the Deaf is op- should not be allowed to enforce regulations tion Act, the Individuals with Disabilities posing [Mr.] Pryor because of his outspoken under the ADA and Section 504 of the Reha- Educational Act, and all basic civil rights activism against federal civil rights protec- bilitation Act requiring reasonable accom- against people with disabilities. gender and tions for people with disabilities and other modations, integration of individuals with race. He not only has held a position in the minorities. His commitment is to ideology, disabilities, and accessible public housing. University of Alabama v. Ganett case but has not to justice. Mr. Pryor’s positions in these and other filed Amicus Briefs in Pennsylvania Dept. of Corrections v. Yeskey and Medical Board of Here is the Illinois/Iowa Center for cases (i.e., Pennsylvania Department of Correc- Independent Living: tions v. Yeskey and California Board of Medical California v. Hason. He also took opposition Examiners v. Hason) clearly represent an in- to the Alexander v. Sandoval case. All of his We strongly feel that Mr. Pryor and his terpretation of the Equal Protection Clause, oppositions also include running amok in his record as the Attorney General in Alabama Spending Clause, and Commerce Clause that own state using the state laws to his own be- do NOT support nor represent the millions of would dramatically restrict Congress’s au- lief. It is because of his ideology that we people with disabilities or their basic civil thority and hinder its ability to pass laws have laws such as the Federal ADA, IDEA, rights. protecting the rights of Americans with dis- Civil Rights, etc. The laws were imple- The National Disabled Students As- abilities, older workers, and others under the mented to protect Americans from individ- sociation stated the nomination of uals like him. Because of his track record, he Constitution. For this reason, Eastern Para- Judge Pryor would be ‘‘devastating to lyzed Veterans Association strongly urges cannot be a Federal Judge. A Federal Judge you not to confirm Mr. Pryor to the court. must be unbiased and have full under- the rights of over 54 million Americans People with disabilities have fought long standing of the total law. A Federal Judge with disabilities protected by the and hard to achieve the protections afforded cannot interpret Federal laws to fulfill his Americans with Disabilities act. . . .’’ by the ADA and like-minded laws. We must own beliefs as a State’s Rights activist. A So, Mr. President, there may be a lot continue the fight to ensure that an activist Federal Judge cannot use his position to fur- of reasons that people have for oppos- court does not abridge these rights and pro- ther his own cause. It is imperative that we ing this nominee to go on the circuit do all that we can do to help our legislators tections. Please vote against William Pry- court. I want to make it crystal clear or’s confirmation. to understand the importance of approving a Thank you. nomination that is nonpartisan of any indi- that my major objection to this person Sincerely. vidual who would take his position seriously going on the circuit court is his open, JEREMY CHWAT, and for the good of the American people and consistent, and persistent opposition to Director of Legislation. not for his own beliefs or reasons. the Americans with Disabilities Act. You may sign our name to any petition or He has made no secret of it. He does INDEPENDENT LIVING CENTER OF letter that opposes the confirmation of Ala- not think we had the power to pass it. bama Attorney General William G. Pryor. SOUTHERN CALIFORNIA, INC., He said, in his own opinion, that we July 14, 2003. You have permission to use our letter to give TO WHOM IT MAY CONCERN: This letter is to members of Congress to help them to be did not even document one single in- written on behalf of the Independent Living our voices and understand why we are so op- stance of unconstitutional conduct Center Of Southern California, to oppose the posed to his confirmation to the U.S. Court against people with disabilities. Well, I nomination of Mr. William Pryor, to the U.S. of Appeals to the Eleventh Circuit. Thank am sorry, courts have held differently: Court of Appeals for the Eleventh Circuit. you very much for your attention to this forced sterilizations of people with dis- Please note that this nomination would very urgent matter. Let’s all work together abilities, forced institutionalizations of gravely affect the civil rights of persons with to prevent deteriorization to the ADA and disabilities. other disability civil rights. people who did not need to be institu- Sincerely, Sincerely, tionalized, denying people with disabil- PETER HUARD, JAMEY GEORGE, ities educational opportunities. Maybe Client Assistance Program. Executive Director. he never heard of the case of PARC v.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6263 Pennsylvania. Perhaps he did not know rectified it, looked at the law, looked Here we are debating the Pryor nomi- that courts had held there was a at the history, but Mr. Pryor did not do nation again. I am one of many Sen- record, a strong record, of discrimina- that. He did not go back and look at ators who believes we should have con- tion in public education against kids the history of the ADA. He did not go firmed this nomination a long time with disabilities, not letting them go back and find out all these examples ago. Yesterday more than one of our to school, denying them educational that we had come up with that is in the Democratic colleagues complained that opportunities. record. He just simply said: I know we are debating judicial nominations The courts held that as long as a what is best. I know what is best for when, they said, ‘‘we should be doing State provides a free public education, people with disabilities. legislative business.’’ That is exactly just as they could not discriminate on Well, people with disabilities have what we would be doing were it not for the basis of race, or sex, or national or- been hearing that for far too long in the confirmation obstruction campaign igin, they cannot discriminate on the our country: We know what is best for led by those very same Democratic basis of disability either. So the courts you—that paternalizing attitude. Peo- Senators. They are the ones who met held that there is a constitutional ple with disabilities said: No, we are in 2001 to change the confirmation right for kids in our country to get a going to be on our own. We are going to ground rules. They are the ones who free, appropriate public education, as have our own civil rights. We are going demand dozens and dozens of unneces- long as the State is providing that. The to decide our own future. We are going sary rollcall votes that have eaten up kids with disabilities have to be al- to decide how we want to live, not how literally days of floor time. They are lowed in the public schools, also. you, the Government, or you, society, the ones who launched this campaign But for Mr. Pryor, no. He says, no, want us to live. of outrageous and unprecedented judi- not even one instance do we have of an Well, we have come a long way in 15 cial filibusters. unconstitutional discrimination. I do years since the ADA was signed. This is Our Democratic colleagues have not know where Mr. Pryor went to law one circuit court judge who would turn changed the way we do judicial con- school. I did not even look it up. It the clock back. And he will get these firmation business in the Senate, and does not make any difference to me. cases. He will get them. And people that has changed the way we do legis- But whatever he learned there he must with disabilities will be on the short lative business. They have no one to have forgotten. It seems to me, here is end of the stick. blame but themselves. To come in here an individual with an ideological per- So for that reason, and perhaps a lot and complain that we are not doing the ception that he is right and everyone of other reasons but for that reason business of the people when one-third else is wrong, that only he knows what alone—for that reason alone—Mr. of the separated powers in this country involves judges is pretty much out of is constitutional and not—not the Con- Pryor should not be confirmed for this line. gress, not the Senate, not even the Su- circuit court position. With that, Mr. President, I yield the Under the standards the Senate tra- preme Court. He alone has a right to floor and suggest the absence of a ditionally applied to judicial nomina- decide that. He alone has a right to de- quorum. tions, we would already have confirmed cide whether people with disabilities The PRESIDING OFFICER. The the nomination before us. Although are protected under the Americans clerk will call the roll. some across the aisle have attempted with Disabilities Act. The legislative clerk proceeded to to change the ground rules, I am We have come too far in our country. call the roll. pleased we have now invoked cloture We spent years developing the Ameri- Mr. HATCH. Mr. President, I ask and are in the final stretch of debate cans with Disabilities Act. When Presi- unanimous consent that the order for on this very important nomination. dent Bush signed it in 1990, we had ac- the quorum call be rescinded. There is light at the end of the con- cumulated a voluminous record of dis- The ACTING PRESIDENT pro tem- firmation tunnel. crimination, from the earliest child- pore. Without objection, it is so or- We have become accustomed to the hood to the latter stages of life, with dered. pattern of attack by those who oppose people with disabilities being discrimi- Mr. HATCH. Mr. President, I rise in President Bush’s judicial nominees. nated against. We sought to remedy strong support of the nomination of They equate a nominee’s personal that with the Americans with Disabil- William Pryor to the U.S. Court of Ap- views with that nominee’s judicial ities Act. peals for the Eleventh Circuit or, to views. They create the most wretched When it passed the Senate, I said it put it more precisely, I rise to support and distorted caricature of a nominee, was the proudest day of my legislative the permanent appointment of Judge turning him into some creature one career, and it still is—when the ADA William Pryor to the Eleventh Circuit. might see on ‘‘Law and Order’’ or passed the Congress and was signed Judge Pryor’s credentials, his char- ‘‘America’s Most Wanted.’’ into law. And we have not looked back. acter, and commitment to judicial re- What it boils down to is the wrong- We look around our country now and straint already make a compelling case headed notion that no one who thinks we see people with disabilities in edu- for his appointment. His continuing for himself, who does not toe the left- cation, traveling, going out to eat, service on the Eleventh Circuit only wing line, whose perspective or values holding down good jobs, getting the adds to that compelling case. did not turn the liberal litmus paper civil rights that all the rest of us I urge my colleagues to vote for con- the right—or left—color, or who as a enjoy. firmation so Judge William Pryor can judge may fail consistently to deliver But for Mr. Pryor, people with discontinue to be a valuable member of politically correct results is accept- abilities do not have those rights. They the U.S. Court of Appeals. able. These advocates of an activist ju- only have the right—these are my own Debate about this nomination did not diciary are not foolish enough to at- words—it seems to me Mr. Pryor has just begin. President Bush nominated tack every nominee. They will remind said, in his decisions and in his William Pryor more than 2 years ago. us of how many of this President’s ju- writings and in his perceptions of the During a lengthy hearing before the dicial nominees they have supported. Americans with Disabilities Act, that Judiciary Committee in June 2003, he But the circumstances that have people with disabilities only have the answered more than 185 questions. It brought us here today demonstrate the right to be pitied, they only have the has now become common practice for confirmation ground has shifted. right to get whatever it is that those of Senators to deluge a nominee with I urge my colleagues not to be per- us who are not disabled choose to give post-hearing written questions. Judge suaded by the caricatures created by to them. Pryor answered nearly 300 of those as Washington-based lobbyists and left- Well, I am sorry, that is not enough. well. The Judiciary Committee debated wing groups which need to send out the People with disabilities have every this nomination during three different next fundraising appeal. Instead I urge right, Mr. President, that you and I business meetings and favorably re- my colleagues to listen to those who have. So it is for that reason, that he ported it twice here to the Senate floor actually know William Pryor, who has gone out of his way—I could see if where we have already debated it in have worked with William Pryor, be- a judge made one mistake and maybe the context of two previous attempts cause they are among his strongest made a decision but came back and to invoke cloture. supporters.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6264 CONGRESSIONAL RECORD — SENATE June 9, 2005 Dr. Joe Reed, chairman of the Ala- would be deemed especially credible. defending a State’s right to prohibit bama Democratic Conference—yes, Theirs is not hearsay testimony such certain sexual conduct. Alabama had a that is right, the Alabama Democratic as we are hearing from some with the statute similar to the Texas statute Conference, the State Democratic Par- other side. They are not repeating being challenged in that case. When ty’s African-American caucus—knows someone’s talking points. They are not the Supreme Court ruled against his William Pryor. He has worked with offering generalities or cliche´s. position, he immediately released an William Pryor, and he strongly sup- Talking points, generalities, and official statement that the Supreme ports William Pryor. Note what Dr. Joe cliche´s, however, are all that Judge Court decision rendered Alabama’s law Reed has to say about this nominee. Pryor’s opponents have to offer. The unenforceable. He says that William Pryor: far left-wing Washington-based lobby- Similarly, the entire country knows will uphold the law without fear or favor. I ists who appear to make their living that as Alabama Attorney General, believe all races and colors will get a fair opposing President Bush’s judicial William Pryor took an unpopular stand shake when their cases come before him. I nominations repeat the same rhetoric regarding the Ten Commandments dis- am a member of the Democratic National about nominee after nominee. Some- play in the Alabama judicial building. Committee and, of course, General Pryor is a times I wonder whether they put to- One respected religious magazine Republican, but these are only party labels. gether their press releases and action placed a picture of Judge Pryor on its I am persuaded that in General Pryor’s eyes, alerts simply by cutting and pasting in Justice has only one label—Justice! cover with a headline asking whether the name of a new nominee. his legal stance amounted to political Any of us would certainly be hard They use the same mantra now, say- suicide. It is clear that Judge Pryor pressed to come up with a better ening Judge Pryor is hostile to civil places the law above personal priorities dorsement or a more substantive com- rights, hostile to virtually every right and political expediency. This stuff pliment for any judge on any court under the sun. Perhaps he is also the about following the law rather than anywhere in America. cause of childhood asthma, global personal opinions is not rhetoric, talk- Listen to Alvin Holmes, an African warming, and rising interest rates. ing points, or window dressing. This is American who has served in the Ala- I would listen to the people I have not just William Pryor’s stated com- bama House of Representatives for just quoted who know the man. They mitment, this is his demonstrated com- nearly three decades. He introduced a are all Democrats, by the way. mitment. If there is any reason to believe such bill to remove the State Constitution’s It is a record that makes former Ala- a thing as these awful comments that ban on interracial marriage. Rep- bama Attorney General Bill Baxley, have been made by our colleagues on resentative Holmes says that while another Democrat, strongly support the other side, then these left-wing white political leaders in the State, Judge Pryor’s nomination. Here is Washington lobbyists should be able to Democrats and Republicans, either op- what General Baxley, a leading Demo- convince Dr. Joe Reed, Alvin Holmes, posed the bill or kept quiet, then-At- crat in Alabama, said about William and Judge Sue Bell Cobb that Judge torney General William Pryor spoke Pryor: out. William Pryor urged Alabamans to William Pryor is hostile to civil rights. I wish them luck because I know they In every difficult decision he has made, his vote for removing the ban on interactions were supported by his interpretation racial marriage and then, when it can’t do that. And they know they of the law, without race, gender, age, polit- passed, he defended the measure in can’t do it. That is what is reprehen- ical power, wealth, community standing, or court against legal challenge. sible. any other competing interest affecting judg- Representative Holmes knows Wil- Perhaps the most important element ment. I often disagree, politically, with Bill liam Pryor. He has worked with Wil- of judicial duty is the commitment to Pryor. This does not prevent me from mak- liam Pryor, and he strongly supports follow the law regardless of personal ing this recommendation because we need William Pryor. Listen to what Rep- views. Throughout his career William fairminded, intelligent, industrious men and Pryor has not just stated such a com- women, possessed of impeccable integrity, on resentative Holmes says about this the Eleventh Circuit. Bill Pryor has these nominee, this African-American leader mitment to judicial restraint, he has demonstrated it. We all know, for ex- qualities in abundance. . . . There is no bet- of the Alabama House of Representa- ter choice for this vacancy. tives: ample, that William Pryor is pro-life. His belief in the sanctity of human life That is Bill Baxley, former Alabama I request your swift confirmation of Bill Attorney General, leading Democrat in Pryor to the 11th Circuit because of his con- no doubt helps explain his advocacy for children. Like millions of Americans, the State. stant efforts to help the causes of blacks in Just think about that. These Demo- Alabama. most Alabamians apparently share such pro-life values. In 1997, the State cratic leaders from Alabama paint a Or consider the opinion of Judge Sue very consistent picture of William Bell Cobb who sits on the Alabama legislature enacted a ban on partial- birth abortion. If William Pryor were Pryor. He will uphold the law without Court of Criminal Appeals. This is fear or favor. He makes decisions with- what she says: what his critics claim, that would surely have been his chance to take a out regard to political or irrelevant I write, not only as the only statewide factors. He is fairminded, intelligent, Democrat to be elected in 2000, not only as a stand, stake a claim, defy the Supreme Court, and to seek to impose his per- and industrious. I certainly agree with member of the Court which reviews the this assessment, though it does not greatest portion of General Pryor’s work, sonal moral code. He did no such thing, but also as a child advocate who has labored proving once again that his critics are come first from the Senator from Utah. shoulder to shoulder with General Pryor in flat wrong. Democrats such as Dr. Joe Reed, Rep- the political arena on behalf of Alabama’s (Mr. ALEXANDER assumed the resentative Alvin Holmes, Judge Sue children. It is for these reasons and more chair.) Bell Cobb, and Attorney General Bill that I am indeed honored to recommend Gen- Mr. HATCH. After the U.S. Supreme Baxley know the difference between eral Pryor for nomination to the 11th Circuit Court ruled in Stenberg v. Carhart that private views and public duty. They Court of Appeals. a State legislative ban on partial-birth know the difference between personal That is the Honorable Sue Bell Cobb, abortion is unconstitutional, Attorney opinion and judicial opinion. And they judge of the Alabama Court of Criminal General William Pryor instructed strongly support William Pryor’s nomi- Appeals. State law enforcement officials to nation to the Eleventh Circuit. Think about that. These are people abide by that decision, even though he I wish some of my Democratic col- who know William Pryor. These testi- personally disagreed. The Senator from leagues and their left-wing enablers monies—and there are many more like Tennessee, Mr. ALEXANDER, presiding knew the difference. Instead they focus them—describe a man who cares deeply in the Chair right now, reminded us only on results. All that matters, it ap- about what is right and who has the earlier today that this was at General pears, is that a judge rules right or character to do what is right, no mat- Pryor’s own initiative. The law, not his left, as the case may be. ter what the political cost. People such personal views, formed how he carried On Tuesday a Democratic Member of as these are in the best position to out his official duties. this body summed up their results-ori- know the real William Pryor. If this Attorney General Pryor filed an ami- ented litmus test approach when he were a court of law, their testimony cus brief in the Lawrence v. Texas case said:

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6265 with respect to a whole series of issues, this or’s commitment to follow the law. He For example, the chairman of the nominee is profoundly wrong. hired William Pryor in the Alabama at- Alabama Democratic Conference, No doubt each of us in this body has torney general’s office and Judge Pryor which is the State Democratic Party’s heard something like that in a cam- replaced him when then-Attorney Gen- African-American caucus, said that paign commercial. We might hear it eral SESSIONS joined us here in the Sen- Bill Pryor is a first-class public official here when the Senate is in legislative ate. I thank our colleague for his tire- who will be a credit to the judiciary session. But this is a judicial nomina- less and principled efforts. I know this and a guardian of justice. tion we are debating. What does it Senator’s understanding of this nomi- Former Democratic Gov. Don mean to say that the judicial nominee nee is better as a result. Siegelman described Bill Pryor as an is wrong on the issues? Never mind William Pryor is demonstrating that incredibly talented, intellectually hon- being judicially correct, just be politi- same commitment on the U.S. Court of est attorney general who calls the cally correct. Results are all that mat- Appeals for the Eleventh Circuit. That issues like they ought to be called. ters. is exactly what America needs in her These are just some of the comments Yesterday during the debate on the judges, and I urge my colleagues to made by Democrats, of which I am Brown nomination, the Senator from support a permanent appointment for aware, who support this good man. California, Mrs. BOXER, took a similar Judge William Pryor. But that does not seem to stop some tack. She put up one poster after an- Mr. President, I have taken a minute groups or people inside the beltway other, each stating in the most sim- or two over my allotted time. I apolo- from upping that ante and spreading plistic terms the results of a case, and gize to my colleague. lies. The usual suspects are back in the then claimed that Justice Brown per- The PRESIDING OFFICER. The Sen- saddle again, however, with a venge- sonally favored the result for which she ator from Iowa. ance to mischaracterize this man’s voted. Mr. GRASSLEY. Mr. President, I record and drag his good name through This insidious tactic claims, for ex- support the confirmation of William the mud. ample, that if a judge votes that the Pryor to the Eleventh Circuit. I think But if one really takes a close look at law does not prohibit racial slurs, then he is a truly outstanding individual Bill Pryor’s record, one can only find the judge must favor racial slurs. If a and, most importantly, after all these that he is a man who embodies the judge votes that the law does not pro- years of waiting, I am pleased he is fi- characteristics that any Federal judge hibit an employer’s hiring decision, nally going to get an up-or-down vote ought to have. The fact is that William then the judge must favor that hiring on his nomination. I am pleased, in Pryor is a man who puts law before decision. In March of 2000, 29 current just a few hours, Bill Pryor will be con- politics. The role of a Federal judge, as Senators, including my friend from firmed as a Federal appellate judge. He all my colleagues know and as best California, Senator BOXER, voted more than deserves to be confirmed by stated by Chief Justice John Marshall, against a constitutional amendment to the Senate. Bill Pryor is doing a great is to ‘‘say what the law is.’’ allow protection of the American flag. job now, and he will continue doing a That is exactly upon which Bill How would any of them respond—how great job in the future. Pryor has built a distinguished law ca- would the Senator from California re- The problem is how we have gotten reer. The truth is, in the face of opposi- spond—to the accusation that by that to where we are with the hangup and tion from both Democrats and Repub- vote, they were siding with the flag these judges not being voted on. I con- licans, Bill Pryor has steadfastly based desecraters? tinue to be troubled by the road we his legal decisions on court rulings and That would be an outrageous charge, have been going down in this judicial not on his own political beliefs. Bill and we all know that. nomination process. Unfortunately for Pryor’s actions are the only record Yet opponents of these judicial nomi- Bill Pryor, he has been one of the that we need to look at to see that this nees, including the Senator from Cali- prime targets of the slash-and-burn is an individual who truly believes in fornia, are using exactly the same tac- program of the left-wing liberal inter- the rule of law. He is the right man for tic, exactly the same logic. They con- est groups. He and several other good the job, and we should keep this man tinue doing so in this debate over Wil- candidates nominated by President on the Eleventh Circuit Court. liam Pryor’s nomination. But this tac- Bush have been subject to off-base, I have looked at Bill Pryor’s record tic misleads the American people about trumped-up charges which just smear and some of the allegations made what judges do, and it twists and dis- an individual’s record without regard against him. Bill Pryor wins hands torts these debates about whether to to the reality of that record. down, no contest. confirm judicial nominees. We need to look at the merits of a I would like to refer to an article in I am reminded of a 1998 article writ- candidate, and, on the merits, Bill the ‘‘Mobile Press Register,’’ ‘‘Civil ten by the distinguished Judge Harry Pryor is one of the more impressive Rights Guardian, Outstanding Nomi- Edwards, appointed to the U.S. Court nominees coming before the Senate. nee.’’ In this article, Willie Huntley of Appeals for the DC Circuit by Presi- William Pryor graduated magna cum took the opportunity to distinguish the dent Jimmy Carter, in which he laude from Tulane Law School, where views of Alabamians and most Ameri- warned that giving the public a dis- he was editor in chief of the law re- cans from those shared by some inside- torted view of judges’ work is bad for view. He served as a law clerk to civil the-beltway, left-wing interest groups. the judiciary and the rule of law. The rights legend and champion Judge Mr. Huntley is an African-American at- tactics being used against nominees John Wisdom. He practiced law for sev- torney. He is from Bill Pryor’s home- such as William Pryor are, indeed, giv- eral years before joining the attorney town. He expressed why the people of ing the public a distorted view of general’s office in the State of Ala- Alabama should continue to trust in judges’ work. bama. He also taught law as an adjunct this man, Bill Pryor, rather than in the Thankfully, Judge Pryor knows the professor at Cumberland Law School. liberal special interest groups, such as difference between personal views and So without a doubt, and going even be- People for the American Way, organi- the law. He knows the difference beyond the good attributes I pointed out, zations that are so powerful here with tween means and ends. And I am proud Bill Pryor has the legal experience to some Members of Congress. to say that Judge Pryor refuses to go serve on this Federal bench. But that is I would like to read some of what down the politicized road of judicial ac- not all. William Pryor has the unwav- this article has to say about Bill Pryor, tivism. He has demonstrated where his ering support of the people who knew again, emphasizing Willie Huntley, an commitment lies. He has shown, in him best—the citizens of his very own African-American attorney from Bill each phase of his career, that he will State of Alabama. His support among Pryor’s hometown: follow the law. Alabama Republicans is near unani- People for the American Way asserts that Our colleague and my fellow Judici- mous. But furthermore, and maybe Pryor’s appointment would devastate civil rights. What its people don’t say is that after ary Committee member, Senator SES- more importantly, some of the most about 100 years of inaction by other leaders, SIONS, has worked very hard to educate important members of the Alabama Bill Pryor led a coalition that included the this body about this fine nominee. He Democratic leadership are just as sup- NAACP to rid the Alabama Constitution of has a special perspective on Judge Pry- portive of this Pryor nomination. its racist ban on interracial marriage.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6266 CONGRESSIONAL RECORD — SENATE June 9, 2005 Bill Pryor then defended the repeal against don’t say is that after about 100 years of in- neys to apply Alabama’s partial-birth abor- a court challenge by a so-called Confederate action by other leaders, Bill Pryor led a coa- tion law in a moderate way that was con- organization. Our Attorney General also lition that included the NAACP to rid the sistent with U.S. Supreme Court precedent. took the side of the NAACP in successfully Alabama Constitution of its racist ban on Again, he was criticized by Republicans; defending majority-minority voting dis- interracial marriage. pro-life activists accused him of gutting the tricts—all the way to the U.S. Supreme Pryor then defended the repeal against a statute. Again, he didn’t back down. Court—against challenges by white Alabama court challenge by a so-called Confederate Not surprisingly, PFAW and its allies have Republicans. heritage organization. attacked Pryor for supporting the display of Bill Pryor further opposed a white Repub- Our attorney general also took the side of the Ten Commandments in courthouses. But lican redistricting proposal that would have the NAACP in successfully defending major- Pryor simply took the position that if a rep- hurt African-American voters. He did not ity-minority voting districts—all the way to resentation of the Ten Commandments can back down to criticism from his own party— the U.S. Supreme Court—against a challenge be carved into the wall of the U.S. Supreme not one inch. by white Alabama Republicans. Court’s courtroom, it can be placed in an He then played a key role in the successful Bill Pryor further opposed a white Repub- Alabama courtroom. prosecution of former Ku Klux Klansmen lican redistricting proposal that would have PFAW also has attacked Pryor for the po- Bobby Frank Cherry and Thomas Blanton, hurt African-American voters. He did not sition he took in the Alexander vs. Sandoval Jr., for the 1963 bombings of the 16th Street back down to criticism from his own party— case, in which a person who didn’t speak Baptist Church in Birmingham. not one inch. English sued to force Alabama to spend its Pryor started a mentoring program for at- He then played a key role in the successful money on printing driver’s license tests in risk kids and regularly goes to Montgomery prosecution of former Ku Klux Klansmen foreign languages. public schools to teach African-American Bobby Frank Cherry and Thomas Blanton Jr. As broke as our state is, there are better kids to read. for the 1963 bombing of the Sixteenth Street things to spend our money on—like teaching Because Bill Pryor has a civil rights record Baptist Church in Birmingham. In fact, he kids to read English so they can take the that very few can equal, it is no wonder that will personally argue to uphold Blanton’s test and read road signs, and also paving the African-American leaders who know and who murder conviction before the Alabama Court roads for them to drive on. Pryor fought this have worked with him—like Artur Davis, Joe of Criminal Appeals later this month. attempt to drain our state budget, and the Reed, Cleo Thomas, and Alvin Holmes—sup- Pryor started a mentoring program for at- U.S. Supreme Court agreed with him. port his nomination to the Eleventh Circuit risk kids, and regularly goes to Montgomery The truth and the record show that Bill Court of Appeals. public schools to teach African-American Pryor has fought for the civil rights and vot- Ignoring Pryor’s defense of voting rights kids to read. ing rights of African-Americans in Alabama for African-Americans, People for the Amer- Because Bill Pryor has a civil rights record when PFAW was nowhere to be found. Now ican Way charges that he opposes the land- that very few can equal, it is no wonder that that President Bush has nominated Pryor to mark Voting Rights Act. The truth is, he has African-American leaders who know and a federal judgeship, PFAW assumes that it dutifully enforced all of the Voting Rights have worked with him—like Artur Davis, Joe can come here and attack him. Act every time a case has come up. Reed, Cleo Thomas and Alvin Holmes—sup- I, for one, suggest that PFAW pack up its The article goes on to conclude: port his nomination to the 11th Circuit pro-pornography, flag-burning, anti-reli- Court of Appeals. gious, attack-dog tactics and go back to Hol- The truth and the record show that Bill Ignoring Pryor’s defense of voting rights lywood and Washington. Pryor has fought for the civil rights and vot- for African-Americans, PFAW charges that We who actually know Bill Pryor support ing rights of African-Americans in Alabama he opposes the landmark Voting Rights Act. him 100 percent. when People for the American Way were no- The truth is, he has dutifully enforced all of Mr. GRASSLEY. Mr. President, I where to be found. Now that President Bush the Voting Rights Act every time a case has has nominated Pryor to a Federal judgeship, come up. hope my colleagues will see through all People for the American Way assumes that Pryor has simply stated that a procedural the smoke and mirrors that have been it can come here and attack him. . . .We who part of the Voting Rights Act—Section 5— kicked up by groups such as the People actually know Bill Pryor support him 100 has problems that Congress should fix. Sec- for the American Way. I hope my col- percent. tion 5 requires federal officials in Wash- leagues will take a very close look at Mr. President, I ask unanimous con- ington to approve even minor changes in vot- the facts and reject those allegations sent to print in the RECORD the article ing practices that have nothing to do with that are not true, just as many Ala- from which I quoted so people can read discrimination. For example, last year, Pryor issued an bamians have so rejected because the it in its entirety. opinion that required a white replacement people who know this man best ought There being no objection, the mate- candidate for a deceased white state legis- to be the ones to whom we listen. rial was ordered to be printed in the lator to get Washington approval under Sec- I hope that Bill Pryor’s true record RECORD, as follows: tion 5 to use stickers to put his name on the will shine through and that my col- [From CFIF.ORG] ballot over the name of the deceased can- leagues will join me in supporting his CIVIL RIGHTS GUARDIAN, OUTSTANDING didate. nomination. Thurbert Baker, the African-American NOMINEE I close by, once again, telling my Democratic attorney general of Georgia, has (By Willie J. Huntley Jr.) voiced similar concerns about Section 5 be- Senate colleagues that if the role of a The Washington-headquartered, liberal fore the U.S. Supreme Court. Federal judge is to say, as Chief Jus- witch-hunt against President Bush’s federal Undeterred, PFAW and its allies also tice John Marshall said, ‘‘to say what judicial nominees has targeted its next vic- charge that Pryor believes in ‘‘states’ the law is,’’ then there are very few tim, and it is one of our own: Bill Pryor, the rights’’—their code words for racism. The candidates as qualified as William attorney general of Alabama. truth is that he believes in the Constitution. Pryor. Among those leading the charge against He has fought to protect the state’s treasury Being a good judge is not about doing Pryor is the mis-named group People For the from lawsuits that would have taken our tax American Way. This should be no surprise; dollars away from the state—away from sal- what is popular, and it is not for sure PFAW has led vicious attacks against Attor- aries for teachers and medical care for poor about giving in to liberal special inter- ney General John Ashcroft, Justice Clarence people. est groups, and it certainly is not Thomas, Priscilla Owen, Miguel Estrada and It is the job of an attorney general to de- about legislating the left-wing’s agenda numerous other Republican nominees. fend his client—the state. In fact, the key from the bench. Being a good judge is PFAW is a radical leftist group that has Supreme Court case on defending a state about fairly applying the law, fairly supported broad court protection for child from lawsuits was won not by Pryor, but by applying the law no matter who the pornography; burning the American flag, and Democratic Attorney General Bob person is, no matter how unpopular the publicly funded art portraying the Virgin Butterworth of Florida. Mary splattered with elephant dung. Most Democratic attorneys general like Eliot cause or the argument being advocated recently, PFAW helped coordinate protests Spitzer of New York, Jim Doyle of Wisconsin is. It is not the role of a judge, nor against the war in Iraq—the war in which and others have all made the same argu- should it ever be the role of a judge, to some Alabamians gave their lives for their ments to defend their state budgets. I guess serve as a puppet to the popular posi- country. they are all ‘‘right-wing extremists,’’ too. tion. That is what William Pryor has PFAW is funded by the pornography indus- PFAW and its allies have also attacked built his career on—the rule of law, entry and Hollywood radicals, including Play- Pryor for being extremist on abortion rights. forcing the law, carrying out the law. boy magazine, the Screen Actors Guild, and As a dedicated Roman Catholic, Bill Pryor the Center for Alternative Media & Culture. loves kids and is against abortion, no doubt I know that is what William Pryor (And they call Bill Pryor an extremist.) about it. will continue to do when he is finally PFAW asserts that Pryor’s appointment But even though he disagrees with abor- confirmed by this Senate for the Elev- would devastate civil rights. What its people tion, he instructed Alabama’s district attor- enth Circuit Court of Appeals.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6267 I yield the floor. prevented him from receiving the Sen- structed interviewees that they did not The PRESIDING OFFICER. The Sen- ate support needed for confirmation, have to answer questions from the mi- ator from Massachusetts. President Bush made an end-run nority investigator, or comply with Mr. KENNEDY. Mr. President, I un- around the constitutional system of document requests from the minority. derstand we are under a time consider- checks and balances by giving him a As a result, all of the committee ation. I believe I have half an hour. Is recess appointment during a brief Sen- Democrats, having considered the in- that correct? ate recess that was, in all likelihood, formation available up to that point, The PRESIDING OFFICER. The Sen- an unconstitutional use of the recess wrote to the chairman and informed ator is correct. appointment power. him that the investigation was pro- Mr. KENNEDY. Will the Chair re- In the last Congress, some Members ducing serious and disturbing informa- mind me when I have 5 minutes re- of the majority presented a version of tion, that it would require substantial maining? the history of the nomination and the additional time, that his investigators The PRESIDING OFFICER. The committee’s investigation which did were interfering with it, and that after Chair will do that. not comport with the facts. The his- it was complete, the minority members Mr. KENNEDY. Mr. President, I urge tory is important, because it shows would want to question the nominee my colleagues to oppose Mr. Pryor’s that Democrats have in fact acted ex- under oath. nomination. Contrary to the wide- peditiously and responsibly, and that The Republican staff had offered in- spread impression of a partisan break- the rush to judgment in the committee formal staff interviews with the nomi- down in the judicial nominations proc- in the last Congress was clearly an ef- nee before that time, but the Demo- ess, Democrats in this closely divided fort to cut off a needed further inves- cratic investigators had, as any serious Senate have sought to cooperate with tigation. investigator would, declined that offer the President on the issues. And we As the extraordinary rollcall vote in until the basic investigative work had have largely succeeded. We have con- the Judiciary Committee on July 23, been done. In any event, the Demo- firmed 210 of President Bush’s nomi- 2003 shows, every member of the minor- cratic members wanted to question the nees in the past 4 years; 96 percent of ity voted, ‘‘no, under protest for the nominee in person under oath at the the nominees have been confirmed. violation of Rule IV.’’ appropriate time. Only 10 nominees did not receive the Democrats did not invent the issue At the committee meeting to con- broad bipartisan support needed for that provoked such an unprecedented sider the issue, the chairman rejected confirmation, because their records protest. Years before Mr. Pryor’s nomi- the minority’s unanimous request out showed that they would roll back basic nation, lengthy articles in Texas and of hand. He insisted on a vote on the rights and protections. D.C. newspapers raised the question of nomination without completion of the Mr. Pryor’s nomination illustrates the propriety of the activities of the investigation and without further ques- the problems. His views are at the ex- Republican Attorneys General Associa- tioning of the nominee under oath. treme right wing of legal thinking. It tion. That was the situation when Senator is clear from his record that he does It was reported that the organization LEAHY invoked the committee’s rule IV not deserve confirmation to a lifetime sought campaign contributions to sup- to prevent a premature vote on the seat on an appellate court that often port the election of Republican attor- nomination. The party line vote was has the last word on vital issues for neys general, by arguing they would be 10–9. millions of people who live in Alabama, less aggressive than Democratic attor- The fact that no minority member Georgia, and Florida, the States that neys general in challenging business was among the 10 should have pre- comprise the Eleventh Circuit. interests for violations of the law. vented an immediate vote on the nomi- Mr. Pryor is no true conservative. He Some descriptions of this effort charac- nation and allowed the investigation to has sought to advance a radical agenda terized it as a ‘‘shakedown’’ scheme. continue. But the chairman refused to contrary to much of the Supreme The leaders of the association denied follow rule IV and insisted on an imme- Court’s jurisprudence over the last 40 the allegations, but refused to disclose diate vote. years, and at odds with important its contributors. They were able to The 9 Democrats on the committee precedents that have made our country maintain their secrecy by funneling all voted against reporting the nomina- more inclusive and fair. the contributions through an account tion, each noting an objection to the Mr. Pryor has fought aggressively to at the Republican National Committee violation of rule IV. undermine the power of Congress to that aggregated various kinds of State The 10 Republicans voted to report it, protect civil and individual rights. He campaign contributions, and avoided with one Republican stating that his has tried to cut back on the Family separate public reporting of the con- vote to report it did not mean he would and Medical Leave Act, the Americans tributions or the amount of their gifts. necessarily vote for the nominee on the with Disabilities Act, and the Clean The issue received significant press floor. He also stated that he would Water Act. He has been contemp- coverage during the 2002 Senate cam- want to review the results of the inves- tuously dismissive of claims of racial paign in Texas, especially after several tigation with the nominee before any bias in the application of the death Republican attorneys general de- Senate vote. penalty, and has relentlessly advocated nounced the association as fraught Despite the lack of cooperation from the use of the death penalty, even for with ethical problems. the majority staff, the minority staff persons with mental retardation. Mr. Because Mr. Pryor had been identi- attempted to obtain further informa- Pryor has even ridiculed the current fied publicly as a leader of the association, and did develop new information Supreme Court Justices, calling them tion’s efforts, and the ethical issues which expanded both the scope and the ‘‘nine octogenarian lawyers who hap- raised by it were obviously relevant to gravity of our original concerns. How- pen to sit on the Supreme Court.’’ He his qualifications, he was asked about ever, in the face of the majority’s re- even has his facts wrong. Only two of the issue at his nomination hearing fusal to cooperate, a further investiga- the nine Justices are 80 years old or and in written follow-up questions. His tion involving the witnesses was im- older. responses avoided the issue and raised possible. In addition to these serious sub- more questions than they answered. I mention this to make clear that the stantive concerns, his nomination was In July 2003, the Judiciary Com- matters raised by this investigation rushed through the Judiciary Com- mittee began a bipartisan investiga- are very serious, and we should not mittee in violation of the committee’s tion of the matter, in accordance with sweep these questions under the rug. rules, before the committee could com- an investigative plan provided to the We are not doing our job in reviewing plete its investigation of major ethical majority. No witnesses were ever ques- this nomination if we look the other questions raised by the nominee’s own tioned under oath as part of the inves- way in the face of these serious ethical testimony at his hearing and by his an- tigation, and in fact, the investigation questions. The Judiciary Committee swers and non-answers to the commit- was cut short by the committee major- should have completed the investiga- tee’s follow-up questions. When these ity almost as soon as it began. The Re- tion in 2003, reviewed its findings, serious problems in Mr. Pryor’s record publican investigator actually in- heard from the nominee under oath,

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6268 CONGRESSIONAL RECORD — SENATE June 9, 2005 and then decided whether he should be the courthouse stairs to reach the pub- ceives a lifetime appointment to the listed for debate and consideration. lic courtroom. In his brief in the case, Eleventh Circuit. Repeating that This year, when the committee again Mr. Pryor argued that Congress has no mantra again and again and again in considered Judge Pryor’s nomination, power to require States to make public the face of his extreme record does not the majority offered to permit a few facilities accessible to the disabled. He make it credible that he will do so. phone calls to witnesses whose tele- argued that denying access to court- His many inflammatory statements phone interviews were not completed houses does not violate the principle of show that he lacks the temperament to or who could not be found in 2003. That equal protection, because the disabled serve on the Federal court. He ridi- offer was appreciated, but, as was obvi- have no absolute right to attend legal culed the Supreme Court of the United ous from the first call, it was too little proceedings affecting their rights. States for granting a temporary stay of and too late. In arguing that the legislative his- execution in a capital punishment case. The well of evidence had been tory did not show a need for them to Alabama was one of only two States in poisoned by the majority investigator’s act, Mr. Pryor dismissed congressional the Nation that uses the electric chair negative statements to witnesses in findings of discrimination against the as its sole method of execution. The 2003, and now it would take an even disabled, and evidence that the Univer- Supreme Court granted review to de- more concerted inquiry to elicit the sity of Georgia had located its office of termine whether the use of the electric full story from witnesses who were ad- handicapped services in an inaccessible chair was cruel and unusual punish- verse to begin with. Nevertheless, be- second-floor room. According to Mr. ment. cause some day that story will prob- Pryor, such ‘‘anecdotes provide no indi- For Mr. Pryor, however, the Court ably come out, this aspect of the nomi- cation of the extent of the inacces- should not even have paused to con- nation remains a ticking-ethical time sibility, or whether the inaccessibility sider the Eighth Amendment. He said bomb. lacked a rational basis and was there- the issue: should not be decided by nine The rush to judgment on this nomi- fore unconstitutional.’’ That is non- octogenarian lawyers who happen to nation is particularly troubling, given sense. It is obvious that the wording of sit on the Supreme Court. This does the serious substantive problems in Mr. this legislative history clearly de- not reflect the thoughtfulness we seek Pryor’s record. His supporters say that scribes the extent of the inacces- in our Federal judges. his views have gained acceptance by sibility. And there is no rational jus- He is dismissive of concerns about the courts, and that his legal positions tification for a State university to put fairness in capital punishment and the are well within the legal mainstream, an office serving disabled students in possible execution of persons who are but many disagree. Mr. Pryor has con- an inaccessible second-floor location. innocent. He has stated: make no mis- sistently advocated to narrow indi- The Supreme Court also rejected Mr. take about it, the death penalty mora- vidual rights and freedoms far beyond Pryor’s radical view of what con- torium movement is headed by an ac- what any court in this land has been stitutes cruel and unusual punishment tivist minority with little concern for willing to hold. in the use of the death penalty. It re- what is really going on in our criminal The Supreme Court rejected his argu- jected his argument that executing re- justice system. ment that States could not be sued for tarded persons does not offend the On the issue of women’s rights, Mr. money damages for violating the Fam- eighth amendment. The Eleventh Cir- Pryor has criticized constitutional pro- ily and Medical Leave Act. Had Mr. cuit, a court dominated by conserv- tections against gender discrimination. Pryor prevailed, it would have been far ative, Republican appointees, later He dismissed as ‘‘political correctness’’ more difficult to protect workers who unanimously rejected Mr. Pryor’s at- the Supreme Court’s decision that a need time off because of their own tempt to evade the Supreme Court’s State-run military academy could not health problems or to care for a loved decision. He had tried to prevent a pris- deny admission to women because of one. oner with an IQ of 65, who even the stereotypes about how women learn. The Supreme Court also rejected Mr. prosecution agreed was mentally re- In a 1997 statement to Congress, Mr. Pryor’s sweeping argument that Con- tarded, from raising a claim that he Pryor opposed section 5 of the Voting gress lacked authority to pass the should not be executed. Rights Act, which has been indispen- Clean Water Act’s protections for wet- The Supreme Court also rejected his sable in ensuring that all Americans lands that are home to migratory attempt to limit the right to counsel have the right to vote, regardless of birds. for the poor. Mr. Pryor argued that the race or ethnic background. He called The Court rejected his argument that poor have no right to counsel in mis- this important law an affront to fed- States should be able to criminalize demeanor cases, even if they risk im- eralism and an expensive burden that private sexual conduct between con- prisonment if found guilty. He told the has far outlived its usefulness. senting adults. It rejected his far- Court during oral argument that it is In March, we commemorated the 40th reaching argument that counties reasonable for the State to preserve its anniversary of Bloody Sunday, in should have the same immunity from own resources, just as a more affluent which Martin Luther King, Congress- lawsuits that Sates have. It rejected defendant would preserve its resources man JOHN LEWIS, and others were bru- his argument that the right to counsel and not incur the cost of counsel in tally attacked on a peaceful march in does not apply to defendants with sus- this kind of circumstance. The Su- Mr. Pryor’s home State of Alabama pended sentences of imprisonment. It preme Court held that the right to while supporting the right to vote for rejected his argument that it was con- counsel when the accused faces possible all Americans, regardless of race. Yet stitutional for Alabama prison guards imprisonment is more important than we are now being asked by the adminis- to handcuff prisoners to hitching posts Mr. Pryor’s financial concern. tration to confirm a nominee who op- for hours in the summer heat. Again and again, his far-reaching ar- poses the Voting Rights Act. Mr. Pryors opposition to the rights of guments like these have been rejected The Supreme Court has repeatedly the disabled is particularly disturbing. by the courts. Mr. Pryor is not a nomi- upheld the constitutionality of section In one case, in an opinion Justice nee within the legal mainstream. 5, but Mr. Pryor’s derisive state- Scalia, the Supreme Court unani- He and his supporters pretend that he ments—criticizing both the act and the mously rejected his argument that the is only ‘‘following the law,’’ but in fact Supreme Court itself—give no con- Americans with Disabilities Act does Mr. Pryor repeatedly tried to make dif- fidence that he will enforce the law’s not apply to State prisons. ferent law, using the Alabama Attor- provisions. There is too much at stake In another case, the Supreme Court ney General’s office as a political plat- to risk confirming a judge who would rejected his view that provisions of the form for his own radical agenda. turn back progress on protecting the act ensuring that those with disabil- We are expected to believe that de- right to vote. ities have access to public services are spite the intensity with which he has It is no surprise that this nomination unconstitutional. In that case, a plain- advocated for these radical legal posi- is opposed by leaders of the civil rights tiff who uses a wheelchair had chal- tions and the many years he has de- movement, including the Reverend lenged the denial of access to a public voted to dismantling basic rights, he Fred Shuttlesworth, a leader of the courthouse. He had refused to crawl up will start to ‘‘follow the law’’ if he re- Alabama movement for civil rights,

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6269 the Reverend C.T. Vivian, and many of Mr. President, I have, I believe, just They were going to use that $130 bil- Dr. Martin Luther King’s other close a few minutes left. How much time do lion to educate primarily teenagers, advisors and associates. I have? primarily teenage girls. Four thousand It is clear that Mr. Pryor sees the The PRESIDING OFFICER. The Sen- teenagers start smoking every day, and Federal courts as a place to advance ator has 7 minutes. 2,000 become addicted. Try to educate his political agenda. When President Mr. KENNEDY. Mr. President, I have them with $130 billion? What happened Bush was elected in 2000, Mr. Pryor pointed out at other times in recent to the Justice Department? They threw gave a speech praising his election as days that we have been tied up with in the towel. You would think we the ‘‘last best hope for federalism.’’ He these Federal judges—the handful of would talk about that. ended his speech with these words—a Federal judges who will have enormous That is in this last week. These ‘‘prayer for the next administration: impact in terms of our court systems— issues affect middle-income working Please God, no more Souters.’’ He was we have been tied up with this issue for families, and what do we spend our referring to Justice Souter, a Repub- weeks and weeks when this President time on here in the Senate for the last lican nominee to the court, whose opin- could have appointed, as I mentioned 6, 7, 8, 9 weeks? Debating these judges, ions Mr. Pryor apparently disagreed in the final moments of my speech, when we know if we had a President with. outstanding, distinguished jurists who who would offer nominees in the main- In another speech, he said he was could have gone through here like 95 or stream of judicial thinking, those indi- thankful for the Bush v. Gore decision. 96 percent of the other nominees. viduals would be confirmed, like 96 per- I wanted Governor Bush to have a full While we have been taking weeks and cent of them were. Then perhaps we appreciation of the judiciary and judi- weeks, let me just mention a few of the would have a chance to do something cial selection so we can have no more things that have been happening that that has been talked about on every appointments like Justice Souter. are affecting real American families. front page of every newspaper just this Some have argued that Mr. Pryor’s Let’s just take the last week, for exam- last week and that affects in a very record in his year as a recess appointee ple. Let’s take the New York Times real and important way the quality of on the Eleventh Circuit somehow last Sunday: life of children in this country, work- erases his long career of opposition to Tax Laws Help to Widen the Gap at the ing families, and retirees. fundamental rights. The fact that Mr. Very Top. The share of the Nation’s income Finally, I think I join with Senator Pryor has voted with other judges dur- earned by those in the uppermost category LEVIN and Harry Reid, wondering why ing the period when he was temporarily has more than doubled since 1980. in the world next week we are not appointed to the court says nothing There is a long article about what is going to be considering the Defense Au- about what he would do if given a life- happening in our country between the thorization bill instead of going to the time appointment and the freedom working families, middle-income fami- Energy bill. We need an energy bill but, from Senate oversight. It is no wonder lies, and the super-wealthy, and the as has been pointed out by the sup- that he might be cautious when he reasons for it. Are we debating or con- porters of the Energy bill, passage of only has a temporary appointment to sidering or thinking about doing any- that bill will not reduce the gas price the court. We should not be swayed by thing about that? No, not the Senate. by 1 cent. The Defense Authorization ‘‘confirmation conversions,’’ and espe- Here is Monday, New York Times: bill will send a very clear message cially not by ‘‘recess appointment con- College Aid Rules Change and Families about our commitment on death bene- versions.’’ Pay More. fits, on uparmoring humvees, on look- My colleagues on the other side have Are we doing anything about that ing after families in terms of health in- brought up every argument they could this week? Are we having a debate on surance—all of these issues that are find to save him. His record is full of that issue, about what we can do to out there. We would send a very clear examples of extreme views, and they make college tuition more available to message that the Senate of the United try to rebut each one. They call Senate families here in the United States? No, States is behind that reauthorization. Democrats and citizens who question no. That is not on the agenda. We may have our questions about Iraq Mr. Pryor’s fitness—including more Then look at Tuesday: policy, but everyone in this body sup- than 204 local and national groups—a Pension Law Loopholes Help United Hide ports our troops. Why aren’t we consid- variety of names. They even accuse us Its Troubles. ering the Defense Authorization bill? of religious bias. Loopholes in the federal pension . . . allow These are some of the concerns many They claim that those who oppose United Airlines to treatment its pension of us have who think this Senate is not Mr. Pryor’s nomination do so because fund . . . solid for years when in fact it was meeting its responsibilities to the dangerously weakened. of his faith. That’s ridiculous given the American people or to our national se- record. Such a claim is unworthy of the And it basically collapsed. curity and defense. Senate. Most of us would have had no Pensions, retirement for working I yield the floor. idea what religious views are held by families, a matter of principal concern I suggest the absence of a quorum. Pryor, or any other nominee, if Repub- for millions of our workers—are we The PRESIDING OFFICER. The licans had not raised the issue. doing very much about that on the clerk will call the roll. The real question is why, when there floor of the Senate? No. The assistant bill clerk proceeded to are so many qualified Republican at- Wednesday: call the roll. torneys in Alabama, the President G. M. Will Reduce Hourly Workers by Mr. SPECTER. Mr. President, I ask would choose such a divisive nominee? 25,000. General Motors said Tuesday it will unanimous consent the order for the Why pick one whose record raises so cut 25,000 from its blue collar workforce. quorum call be rescinded. much doubt as to whether he will be We don’t have a silver bullet to an- The PRESIDING OFFICER. Without fair? Why pick one who can muster swer that, but don’t we think we objection, it is so ordered. only a rating of partially unqualified should be thinking about, if we lost Mr. SPECTER. Mr. President, I have from the American Bar Association? 25,000 workers, what we ought to do sought recognition to support the nom- At stake is the independence of our and what we might do in terms of help- ination of Judge William H. Pryor, Jr., Federal courts. We count on Federal ing working families and looking at an to be a judge for the Eleventh Circuit. judges to be intelligent, to have the industry? That was Wednesday. It has been divided. highest integrity, to be open-minded. Here we have Thursday, front-page Judge Pryor comes to this position Most of all, we count on them to treat story: with a very distinguished record. He everyone fairly and not to prejudge a Limit for Award in Tobacco Case Set Off graduated from Northeast Louisiana case based on ideology. Mr, Pryor is Protests. University in 1984, magna cum laude; free to pursue his agenda as a lawyer or The Justice Department’s decision to from the Tulane University School of as an advocate, but he does not have seek $10 billion instead of what the pro- Law in 1987, again magna cum laude; the open-mindedness and fairness need- fessional attorneys in the Justice De- was editor-chief of the Law Review of ed to be a Federal judge, and I urge my partment said that they should, $130 the Tulane University School of Law, colleagues to defeat this nomination. billion. which is no minor achievement. There

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6270 CONGRESSIONAL RECORD — SENATE June 9, 2005 are not too many editors-in-chief Why do you consider it an abomination, liberty, Benning v. Georgia, also de- around. That is quite an accomplish- Attorney General Pryor? cided in the year 2004. A case illus- ment. So the academic career is really And he responded: trating Judge Pryor’s protection of extraordinary. Well, I believe that not only is the case un- civil rights in the case of Wilson v. B/ Following graduation from law supported by the text and structure of the E Aerospace, Incorporated. A case school, he was law clerk to Judge John Constitution. But it has led to a morally which involved a district court’s dis- Minor Wisdom for the Court of Appeals wrong result. missal of a female employee’s gender for the Fifth Circuit, a very distin- And he goes on to give his reasons for discrimination claims. Judge Pryor re- guished jurist. A I speak on this sub- his conclusion. instated her claim of bias as to project, the Presiding Officer is Senator He was very candid, very steadfast, motion and remanded back to the dis- LAMAR ALEXANDER, who, as I recollect, and stood up to what he had said and trict court. was also a law clerk to Judge John was not running from it. By way of amplification of the case I Minor Wisdom and, on the rec- Later, he made it plain he would referred to on Benning v. Georgia, that ommendation of Senator ALEXANDER, abide by the law of the land, that his involved a situation when the Georgia he spoke very highly of William Pryor, personal views of Roe v. Wade were not prison system refused an inmate’s re- the people who knew him in a very dis- determinative. The record shows my quest to practice his Jewish faith. tinguished clerkship, one of America’s own view has been to uphold the Su- Judge Pryor enabled the prisoner to great, historical jurists. Bill Pryor was preme Court decision in Roe v. Wade, a continue to worship in his preferred his law clerk. subject I will not discuss as to my own manner. He then had a distinguished record in views, but I respect a difference of The case involving Sarmiento- the practice of law, working for the opinion. Cisneros, where Judge Pryor ruled pro- firm of Cabaniss, Johnston, Gardner, In looking for the confirmation of a tecting immigrants’ rights, involved a Dumas & O’Neal; was an adjunct pro- Federal judge, the issue is, will he fol- Mexican immigrant who desired to re- fessor at the Samford University, Cum- low the law of the land. He said he main in the United States with his berland School of Law; and came back would and said so very emphatically on family. Judge Pryor vacated the depor- into the practice of law for 4 more the record. tation order, enabling the family to re- years with Walston, Stabler, Wells, An- On March 3 of this year, I wrote to main together, and brought a common- derson & Bains. Then, from 1995 to 2004, Senator REID because this question had sense interpretation to a harsh ruling he was Deputy Attorney General and come up. I cited the applicable page of by the Bureau of Immigration and Cus- also Attorney General of the State of the RECORD June 11, page 45 of the toms Enforcement. Alabama and has been on the U.S. Cir- transcript where the following ex- The case of Brown v. Johnson is an cuit Court for the Eleventh Circuit now change occurred: illustration of Judge Pryor’s judgment for a year, having obtained an interim Chairman HATCH. So even when you dis- and decision in protecting prisoners’ appointment from President Bush. agree with Roe v. Wade you would act in ac- rights. Judge Pryor recognized the Judge Pryor has been criticized for cordance with Roe v. Wade on the Eleventh need for improvement in the treatment his views, expressed very forcefully, in Circuit Court of Appeals? of an inmate afflicted with HIV and opposition to the decision of the Su- Mr. PRYOR. Even though I strongly dis- concluded that prison officials were not preme Court of the United States in agree with Roe v. Wade I have acted in ac- sufficiently concerned about the seri- cordance with it as Attorney General and ous medical needs under the Eighth Roe v. Wade. The quotation attributed would continue to do so as a Court of Ap- to him was that it was the ‘‘worst and 14th Amendments. peals judge. Judge Pryor also stood by the peti- abomination of constitutional law in Chairman HATCH. Can we rely on that? our history,’’ which is pretty strong Mr. PRYOR. You can take it to the bank, tioner, permitting him to proceed in language. That is about as strong as Mr. Chairman. forma pauperis. Judge Pryor has faced, in his capac- you can get. Again, that is about as emphatic as ity as Attorney General of Alabama, The issue is not what is his personal you can be on that subject. view of Roe v. Wade. The issue is what During the course of Judge Pryor’s quite a number of situations where he would he do as a circuit court of ap- tenure on the Court of Appeals, he has took positions which were very un- peals judge when faced with the respon- handed down quite a number of opin- popular politically and contrary to his sibility to uphold the law of the land, ions which show maturity, which show own views, but did so because of his de- of the Supreme Court. growth, and which undercut many of termination and his recognition that This subject came up during the con- the objections of his critics. he was supposed to uphold the law of firmation hearing of Judge Pryor be- I ask unanimous consent the relevant the land. In a very highly celebrated case na- fore the Judiciary Committee on June portions of the transcript I have just tionally and internationally, as Attor- 11, 2003. I propounded the following referred to from the Judiciary Com- ney General for Alabama he proceeded question to Judge Pryor: mittee hearing and the letter which I against Alabama Chief Justice Roy The Chairman [Senator HATCH at the time] sent to Senator REID dated March 3, Moore for refusing to remove the large has asked about whether you have made 2005, be printed in the RECORD at the depiction of the Ten Commandments some comments which you consider intem- conclusion of my statement. perate, and I regret I could not be here ear- The PRESIDING OFFICER. Without on display in the Alabama Supreme lier today, but as you know, we have many objection, it is so ordered. Court after the Federal courts ruled conflicting schedules. But I note the com- the display was unconstitutional. In ment you made after Planned Parenthood v. (See exhibit 1.) Mr. SPECTER. Shortly after becom- that case, Judge Pryor commented Casey, where you were quoted as saying— that his personal beliefs were contrary first I would ask you if this is accurate. I ing chairman of the Judiciary Com- have seen a quote or two not accurate. ‘‘In mittee, within a week, by memo- to what he was ruling. He took a lot of the 1992 case of Planned Parenthood v. Casey randum dated January 12 of this year, criticism from his Alabama constitu- the Court preserved the worst abomination I sent to all members of the Judiciary ency and when asked about his decision of constitutional law in our history,’’ . . . is Committee a memorandum including to enforce the law against Alabama that an accurate quotation of yours? Chief Justice Moore, Judge Pryor stat- Mr. PRYOR. Yes. summaries of some of Judge Pryor’s statements which I thought merited ed: It is pretty hard to get a simple an- analysis and reconsideration by those This was not a tough call. I believe that swer of a witness anywhere and I ap- who had opposed him in the past. our freedom depends on the rule of law. The preciated that kind of brevity. reason the American experiment has been I continued: Those opinions included the decision in successful is because we are a nation of laws DIRECTV v. Treworgy, where Judge Senator SPECTER. Is that one which would and not of men. No person is above the law. fall into the category that Senator Hatch Pryor ruled against a major satellite We have to abide by the law even when we has commented on, you wish you had not transmission corporation, instead sid- disagree with it. That is the guiding prin- made? ing with a private citizen to shield him ciple of my public service. Mr. PRYOR: No, I stand by the comment. from liability. Also, a case on Judge Hard to structure a response better Then I asked: Pryor’s decision protecting religious than that. Cannot do any better than

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6271 that, when you say you disagree with Then when we Republicans won the to my role as Attorney General and my oath something and you disagree strongly, election in 1994, for the last 6 years of of office to defend a law recently passed by but you recognize your obligation to the Clinton administration we slowed the legislature. Senator SPECTER. When you talk about enforce the law. down the process and tied up some 70 post-viability and you have the categoriza- On other occasions, then-Attorney judges in committee, a practice that I tion of partial birth or late-term abortion, is General Pryor set aside personal beliefs objected to at the time, and supported not that statute necessarily directed toward and instructed State law enforcement Judge Paez and Judge Berzon and oth- post-viability? officials to enforce the Supreme Court ers. Then the controversy was Mr. PRYOR. That was one of the main argu- rulings. Shortly after the U.S. Supreme ratcheted up with the unprecedented ments I made in construing it, but if you Court issued its ruling in Lawrence v. look at the actual language— systematic filibustering of judges, and Senator SPECTER. Well, I asked you that Texas, he released a press statement then the unprecedented move by Presi- question as to whether there was a basis for through the Web site of the Office of dent Bush in the interim appointment, construing it to the contrary. When you talk Attorney General saying that in light after the Senate rejected a judge, al- about partial birth abortion, we are talking of the Supreme Court ruling in Law- beit by the route of not getting clo- about an event in the birth canal which is rence: ture. definitely post-viability. When you talk the law of Alabama . . . which prohibits con- My time has expired, and I note the about late-term abortion, we are also talking sensual sodomy between unmarried persons, presence of the distinguished Demo- about post-viability. So aside from having some people who will raise a question about is now unenforceable. cratic leader, so I yield the floor in Similarly, after the Supreme Court anything, whether there is a question to be midsentence, Mr. President. raised or not, was it not reasonably plain on ruled in Stenberg v. Carhart, which EXHIBIT 1 the face of the statute that they were talk- struck down a Nebraska law prohib- Senator SPECTER. The Chairman has asked ing about post-viability? iting partial-birth abortion, then-At- about whether you have made some com- Mr. PRYOR. No, I don’t think anyone would torney General Pryor issued a statements which you now consider intemperate, contend life. I believe that abortion is mor- ment to State officials saying State of- and I regret, that I could not be here earlier ally wrong. I’ve never wavered from that, ficials ‘‘are obligated to obey the today, but as you know, we have many con- and in representing the people of Alabama, I Stenberg ruling until it is overruled or flicting schedules. But I note the comment have been a candid, engaged Attorney Gen- you made after Planned Parenthood v. Casey, eral, who has been involved in the type of— otherwise set aside.’’ Chairman HATCH. What does that mean Judge Pryor’s record shows commit- where you were quoted as saying—first I would ask you if this quote is accurate. I with regard to the Eleventh Circuit Court of ment to improving race relations and Appeals? If you get on that court, how are protecting racial equality. As attorney have seen a quote or two not accurate. ‘‘In the 1992 case of Planned Parenthood v. Casey you going to treat Roe v. Wade? Mr. PRYOR. Well, my record as Attorney general, Judge Pryor worked with the Court preserved the worst abomination General shows that I am able to put aside my President Clinton’s U.S. attorney Doug of constitutional law in our history,’’ close personal beliefs and follow the law, even Jones to prosecute former klansmen quote. Is that an accurate quotation of when I strongly disagree with it, to look who bombed Birmingham’s 16th Street yours? carefully at precedents and to do my duty. Baptist Church in the 1960s which re- Mr. PRYOR. Yes. That is the same duty that I would have as sulted in the death of four young girls. Senator SPECTER. Is that one which would fall into the category that Senator Hatch a judge. Now, as an advocate for the State of He helped to start a drive to rid the Alabama of course I have an obligation to Alabama Constitution of its racist pro- has commented on, you wish you had not made? make a reasonable argument in defense of hibition on interracial marriage and Mr. PRYOR. No, I stand by that comment. the law, but as a judge I would have to do my then stepped up to head the effort to Senator SPECTER. Why do you consider it best to determine from the precedents what end the ban, ultimately to its victory an abomination, Attorney General Pryor? the law actually at the end of the day rein November of 2000. Mr. PRYOR. Well, I believe that not only is quires. My record demonstrates that I can do He dedicated much of his career to the case unsupported by the text and struc- that. Chairman HATCH. So even though you dis- protecting the interests and the safety ture of the Constitution, but it had led to a morally wrong result. It has led to the agree with Roe v. Wade you would act in, ac- of women. As Attorney General, he cordance with Roe v. Wade on the Eleventh supported and lobbied for legislation slaughter of millions of innocent unborn children. That’s my personal belief. Circuit Court of Appeals? that created a State crime of domestic Senator SPECTER. With that personal be- Mr. PRYOR. Even though I strongly dis- violence. lief, Attorney General Pryor, what assur- agree with Roe v. Wade I have acted in ac- I ask unanimous consent the sum- ances can you give to the many who are rais- cordance with this as Attorney General and maries of the cases which I referred to ing a question as to whether when you char- would continue to do so as a Court of Ap- previously be printed in the RECORD, acterized it an abomination and slaughter, peals Judge. that you can follow a decision of the United Chairman HATCH. Can we rely on that? with a pertinent letter, at the conclu- Mr. PRYOR. You can take it to the bank, States Supreme Court, which you consider sion of my remarks. Mr. Chairman. The ACTING PRESIDENT pro tem- an abomination and having led to slaughter? Mr. PRYOR. I would invite anyone to look pore. Without objection, it is so or- U.S. SENATE, at my record as Attorney General, where I’ve COMMITTEE ON THE JUDICIARY, dered. done just that. We had a partial birth abor- Washington, DC, March 3, 2005. (See exhibit 2.) tion law in our State that was challenged by Hon. HARRY REID, Mr. SPECTER. In conclusion, it is a abortion clinics in Alabama in 1997. It could Minority Leader, U.S. Senate, Hart Senate Of- very healthy situation in that we are have been interpreted broadly or it could fice Building, Washington, DC. now proceeding to take up these nomi- have been interpreted narrowly. I ordered DEAR SENATOR REID: When we talked ear- nees individually. That is something the district attorneys of Alabama to give it lier this week, we discussed the question of which I had sought to do since taking its narrowest construction because that was whether or not Judge Pryor had testified over the chairmanship of the Judiciary based on my reading of Roe and Casey. I or- that he would follow Roe v. Wade. I have had Committee. We have moved ahead now dered the district attorneys to apply that the transcript reviewed from Judge Pryor’s with three controversial nominees. It law only to post-viable fetuses. I could have hearing on June 11, 2003. I think that you is my hope we will continue to take up read it easily more broadly. The governor will find the following exchange between who appointed me was governor at the time these nominees, one at a time, and Senator Hatch and Judge Pryor, which can and a party to the lawsuit, disagreed with be found on page 45 of the transcript, disposi- evaluate them on their merits. me and openly criticized me. A pro-life activ- As I have said in a number of floor tive: ist in Alabama criticized me. But I did it be- Chairman HATCH: So even though you dis- statements, we have reached the cur- cause I thought that was the right legal deci- agree with Roe v. Wade you would act in ac- rent confrontation because of a prac- sion. I still had an obligation to defend Ala- cordance with Roe v. Wade on the Eleventh tice which goes back almost 20 years, bama law. This was a recently-passed Ala- Circuit Court of Appeals? starting with the last 2 years of the bama law. When the Supreme Court of the Mr. PRYOR: Even though I strongly dis- Reagan administration and continuing United States later of course struck down agree with Roe v. Wade I have acted in ac- with 4 years of President Bush, and this kind of partial birth abortion law, we cordance with it as Attorney General and conceded immediately in district court that when the Democrats took control of would continue to do so as a Court of Ap- the decision was binding, but until then I peals Judge. the Senate and the Judiciary Com- was making the narrowest argument I could Chairman HATCH: Can we rely on that? mittee, they stopped the processing of make, trying to be faithful to the Supreme Mr. PRYOR: You can take it to the bank, judges and slowed it down. Court’s precedent, while also being faithful Mr. Chairman.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6272 CONGRESSIONAL RECORD — SENATE June 9, 2005 I am enclosing a copy of the transcript. remedies for the elderly, disabled and other Background: Jose Sarmiento-Cisneros was Sincerely, victims of discrimination. an alien from Mexico who was deported and ARLEN SPECTER. Background: Ralph Benning, an inmate in then reentered the United States illegally, the Georgia prison system, asserted that as a married an American citizen, and then ap- EXHIBIT 2 ‘‘Torah observant Jew’’ he was being pre- plied for an adjustment of status before the vented from fulfilling his religious duties, U.S. SENATE, effective date of 8 U.S.C. 1231(a)(5). The Bu- such as eating only kosher food, and wearing COMMITTEE ON THE JUDICIARY, reau of Immigration and Customs Enforce- Washington, DC, January 12, 2005. a yarmulke. Georgia moved to dismiss and ment (BICE) sought to reinstate a removal argued that § 3 of The Religious Land Use TO MEMBERS OF THE SENATE JUDICIARY order under 8 U.S.C. 1231(a)(5) and argued and Institutionalized Persons Act (RLUIPA) COMMITTEE: As you know, Judge William that the statute’s provisions barring an alien Pryor has been sitting on the United States exceeds the authority of Congress under the from filing an application for discretionary Spending and Commerce Clauses, and vio- Court of Appeals for the Eleventh Circuit for relief apply retroactively. lates the Tenth Amendment and the Estab- the past eleven months. The President has Holding: After examining the statute, lishment Clause. RLUIPA imposes strict stated his intention to re-submit Judge Pry- Judge Pryor, writing for the Eleventh Cir- scrutiny on federally funded programs or ac- or’s name for confirmation to the Eleventh cuit, joined five other circuits in concluding tivities that burden the religious rights of Circuit. In light of his expected renomina- that 8 U.S.C. 1231(a)(5) does not apply retro- institutionalized persons. actively. The court therefore granted the pe- tion, I have asked my staff to examine Judge Holding: The Eleventh Circuit, Judge Pryor’s Eleventh Circuit opinions. tition for review and vacated the BICE de- Pryor writing, rule that Congress did not ex- portation order. Sarmiento Cisneros was I thought you might be interested in know- ceed its authority under the Spending Clause ing some more about these opinions. In par- thus able to enjoy discretionary relief avail- in enacting § 3 of RLUIPA. The court held able to him prior to the BICE’s rescission of ticular, I’d like to bring to your attention that Congress’ spending conditions need several opinions that demonstrate Judge the previously granted relief. meet only a ‘‘minimal standard of ration- Protecting Prisoners’ Rights: Brown v. Pryor’s willingness to protect the rights of ality.’’ The court found that protecting reli- Johnson, 387 F.3d 1344 (11th Cir. 2004). individuals often overlooked in the legal sys- gious exercise of prisoners is a rational goal, Judge Pryor recognized the need for im- tem. It is my hope that these opinions and and the United States ‘‘has a substantial in- proved treatment for an inmate afflicted his record on the Eleventh Circuit for the terest in ensuring that state prisons that re- with HIV, concluding that prison officials past eleven months will be considered by the ceive federal funds protect the federal civil were indifferent to his serious medical needs Committee on evaluating him on his re-nom- rights of prisoners.’’ The Eleventh Circuit under the Eighth and Fourteenth Amend- ination. also concluded that the statute did not vio- ments. Sincerely, late the Tenth Amendment by infringing on Judge Pryor not only stood up for the pris- ARLEN SPECTER. areas reserved to the states, nor did it vio- oner, but enabled him to proceed in forma late the Establishment Clause. Judge Pryor pauperis. MEMORANDUM further recognized that, ‘‘given the nec- Background: John Brown, a prisoner in the During his tenure on the Eleventh Circuit essarily strict rules that govern every aspect Georgia State Prison, had been prescribed Court of Appeals, Judge William Pryor has of prison life, the failure of prison officials to medication for HIV and hepatitis. Two authored several opinions demonstrative of accommodate religion, even in the absence months after this prescription had been his willingness to protect the rights of those of RLUIPA, would not be neutral; it would be granted, a different doctor ceased treatment. often overlooked in the legal system. hostile to religion.’’ Eight months later, Brown filed a § 1983 Standing up to Corporations: DIRECTV, Protecting Civil Rights: Wilson v. B/E Aero- claim against the second doctor and the Inc. v. Treworgy, 373 F.3d 1124 (11th Cir. 2004) space, Inc., 376 F.3D 1079 (11th Cir. 2004) Medical Administrator for the Georgia State Judge Pryor ruled against a major sat- When the district court dismissed a female Prison alleging deliberate indifference to his ellite-transmission corporation, siding in- employee’s gender discrimination claims, serious medical needs in violation of the due stead with a private citizen to shield him Judge Pryor reinstated her claim of bias as process clause of the Fourteenth Amendment from liability. to a promotion, and remanded back to the and the Eighth Amendment. Additionally, Background: DIRECTV (DTV), a provider district court. Brown filed a petition to proceed in forma Background: Loretta Wilson filed an em- of satellite television, encrypts trans- pauperis. missions of pay-per-view and premium pro- ployment discrimination action against B/E Procedural Summary: The Prison Litiga- gramming. The security encryption can be Aerospace, Inc. (B/E) alleging sex discrimination Reform Act (PLRA) establishes the pro- illegally circumvented by using ‘‘pirate action in violation of Title VII of the Civil cedures for courts to use to assess prisoner cess devices,’’ which allow users to intercept Rights Act of 1964, as amended in 42 U.S.C. complaints brought in forma pauperis. The and decrypt DTV’s transmissions. Mike sections 2000e et seq., and the Florida Civil provision of the PLRA in question, 28 U.S.C. Rights Act, Fla. Stat. sections 760.01 et seq. Treworgy bought two pirating cards, which section 1915(g) (often referred to as the She claimed that B/E discriminated against enable someone with a satellite dish to re- ‘‘three strikes rule’’), bars a prisoner from her on the basis of sex by not promoting her ceive signals without paying for the service. proceeding in forma pauperis after he has to the position of Site Vice President and by There was no evidence that Treworgy actu- filed three meritless lawsuits, unless the later terminating her. ally intercepted a signal wth his cards. DTV Procedural Summary: B/E filed a motion prisoner is in imminent danger of serious sued Treworgy for possessing these devices for summary judgment at the conclusion of medical injury. A magistrate judge rec- under the Electronic Communications Pri- discovery. The district court granted the mo- ommended that Brown’s petition to proceed vacy Act of 1986 (Wiretap Act), which crim- tion in its entirety finding that Wilson failed in forma pauperis be denied and that his inalizes the intentional manufacture, dis- to both provide direct evidence of discrimi- complaint be dismissed without prejudice be- tribution, possession and advertising of pi- nation and establish a prima facie case of cause Brown had filed at least three racy devices. Treworgy argued that the Wire- discrimination. meritless lawsuits previously, and had not tap Act did not create a private right of ac- Holding: Judge Pryor, writing for the Elev- met the imminent physical injury exception. tion against persons merely in possession of enth Circuit, allowed Wilson’s case to pro- Brown then filed timely objections to the access devises. ceed against the corporation. Focusing on recommendation and he filed a motion to Holding: The Eleventh Circuit, Judge the two distinct types of conduct alleged— amend his complaint. The district court de- Pryor writing, held that DTV did not have a discrimination in promotion and discharge— nied Brown’s motion to amend his complaint private right of action against Treworgy for the court concluded that an admission by a because the complaint was subject to ‘‘three mere possession of intercepting technology, supervisor at B/E that Wilson was ‘‘the obvi- strikes’’ dismissal. Subsequently, the dis- and required that the device must have been ous choice’’ and the ‘‘most qualified’’ for the trict court adopted the recommendation of used to pirate programming before private then-pending promotion created a genuine the magistrate judge and dismissed Brown’s rights of action arise. ‘‘Congress chose to issue of fact, prompting Judge Pryor to re- complaint without prejudice. Brown then ap- confine private civil actions to defendants mand as to the failure-to-promote claim. As pealed, and the district court granted him who had ‘intercepted, disclosed, or inten- to the discharge claim, the court concluded permission to proceed in forma pauperis. tionally used’ [a communication] . . . posses- that Wilson had offered no evidence that her Holding: Judge Pryor, writing for the Elev- sion of a pirate access device alone, although termination was based on sex. enth Circuit, determined that the district a criminal offense, creates nothing more Protecting Immigrant Rights: Sarmiento- court’s dismissal of Brown’s motion to than conjectural or hypothetical harm.’’ Cisneros v. U.S. Attorney General, 381 F.3d 1277 amend his complaint under the PLRA, and Protecting Religious Liberty: Benning v. (11th Cir. 2004). its conclusion barring Brown from pro- Georgia, 2004 WL 2749172 (11th Cir. 2004) Judge Pryor stood up for a Mexican immi- ceeding in forma pauperis, were in error. When the Georgia prison system refused an grant who desired to remain in the United Further, Judge Pryor found that the district inmate’s requests to practice his Jewish States with his family. court abused its discretion in denying him faith, Judge Pryor enabled the prisoner to By vacating the deportation order, Judge the right to amend his complaint pursuant continue to worship in his preferred manner. Pryor enabled a family to remain together to FRCP 15. The amended complaint, suffi- By finding that RLUIPA is a proper exer- and brought a commonsensical interpreta- ciently alleging imminent danger of serious cise of Congress’ Spending authority, the tion to the harsh Bureau of Immigration and physical injury under 28 U.S.C. 1915(g), per- Eleventh Circuit kept viable similar legal Customs Enforcement order. mitted Brown to proceed in forma pauperis.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6273 Finally, Judge Pryor found that Brown had rights. In fact, he has gone so far as to torney general of Alabama, Judge stated a valid claim of deliberate indiffer- seek out cases to file briefs, or spoken Pryor advanced his own personal, con- ence to serious medical needs under the out on the merits of such cases, that servative agenda not only through liti- Eighth and Fourteenth Amendments. There- gation in which Alabama was a party, fore the district court’s judgment was re- have no connection to the job he was versed and remanded for further proceedings, currently performing. For example, but also by filing amicus curiae briefs effectively allowing Brown’s suit to go for- even though Alabama had no similar in cases in which Alabama was neither ward, and enabling him to get necessary statute, Mr. Pryor filed an amicus brief an interested party nor under any obli- medical treatment. in the Romer v. Evans case supporting gation to participate. As attorney gen- (At the request of Mr. LEAHY, the fol- Colorado’s law prohibiting local gov- eral of Alabama, Judge Pryor amassed lowing statement was ordered to be ernments from enacting laws pro- a stunning record replete with hos- printed in the RECORD.) tecting gays and lesbians from dis- tility for the rights of Americans and ∑ Mr. JEFFORDS. Mr. President, I crimination. In addition, despite the contempt for constitutionally man- would like to express my opposition to fact that the Lawrence v. Texas case dated protections. In addition to at- the nomination of William H. Pryor, did not involve Alabama law, Mr. Pry- tacking the validity of constitutional Jr., to the Eleventh Circuit Court of or’s interest was so keen that he peti- freedoms, Judge Pryor advocated for Appeals. tioned the Supreme Court for leave to the dissolution of congressionally re- Mr. Pryor has a distinguished legal participate in the oral argument and quired protections intended to preserve career. He graduated magna cum laude filed a brief on the merits of the case. individual rights, to safeguard our en- from Tulane University Law School, Some have argued that Mr. Pryor vironment and to maintain the barriers clerked for a judge on the Fifth Circuit should not be held to all these briefs that separate church and state. Court of Appeals, was a law professor and statements because he was just Judge Pryor has advocated a view at Samford University, and served as doing his job and protecting the rights that the Constitution does not harbor some of our most critical individual attorney general for the State of Ala- and positions of his client or employer. rights and freedoms. He has taken the bama. While he deserves recognition However, the problem with this argu- position that these freedoms should be for his legal background, that alone is ment is that many of the positions he decided by the States, based on major- not enough in my estimation to be con- has taken have not related to the re- firmed for a lifetime appointment to ity vote, regardless of whether con- quirements of the job he was per- stitutional rights are violated. The the Federal bench. In my review of Mr. forming, but were positions he sin- Pryor’s statements, actions, and danger of this simple thinking is of gularly advocated because he believed course to regionalize the Constitution, writings, I am concerned that Mr. Pry- in them and sought out cases to ex- or’s personal opinion, rather than the making one’s constitutional rights de- press and uphold his beliefs. It is this pendent on where one resides. But law, will compel his decisions in some fact that concerns me and leads me to cases. much more egregious is what this pro- believe that Mr. Pryor will use his per- My areas of concern arise in areas of posal would do to our Bill of Rights; it sonal beliefs rather than settled law to the law that I have spent my career effectively makes our inalienable working to address, including the envi- decide cases. rights as Americans open to public and His actions as a recess appointment ronment, reproductive rights, and gay political debate. This surely could not to the Eleventh Circuit Court of Ap- rights. have been what the Framers envisioned On the environment, for example, Mr. peals have not diminished my concern, when they drafted our Constitution. Pryor urged the U.S. Supreme Court to especially when Mr. Pryor was the de- Judge Pryor’s general contempt for declare unconstitutional Federal ef- ciding vote that prohibited the full the Constitution is clear in the posi- forts to protect wildlife on private Eleventh Circuit to consider the unique tions he advocated as attorney general lands under the Endangered Species Florida law banning gay adoption. of Alabama. In one amicus brief to the Act. In regard to this case, the lower Given these facts and Mr. Pryor’s his- Supreme Court, Judge Pryor defended court stated that Mr. Pryor’s constitu- tory, I opposed limiting debate on his a State practice of handcuffing pris- tional arguments would ‘‘place in peril nomination in 2003, and continue to do oners to a hitching post and exposing the entire federal regulatory scheme so today. them to the hot sun for 7 hours at a for wildlife and natural resource con- Unfortunately, I will be necessarily time without water or bathroom servation.’’ The case is Gibbs v. Bab- absent for the votes that will occur re- breaks. This cruel and unusual brand of bitt. lated to this nominee. However, I feel punishment advocated by Judge Pryor In another important case, Solid it is necessary to express my position was later rejected by the U.S. Supreme Waste Authority of Northern Cook on this important nomination.∑ Court, which held that ‘‘the use of the County v. United States, Mr. Pryor Mrs. CLINTON. Mr. President, the hitching post under these cir- urged the Supreme Court to strike nomination of William H. Pryor, Jr., to cumstances violated ‘the basic concept down Federal efforts to protect waters the Eleventh Circuit Court of Appeals underlying the Eighth Amendment, and wetlands that provide habitat for is nothing more than a political pro- [which] is nothing less than the dignity migratory birds. Finally, Mr. Pryor has motion cloaked in the thin veil of a ju- of man.’ ’’ advocated in testimony before the Sen- dicial nomination. Judge Pryor has Showing disdain for constitutionally ate that States should not be held ac- been an active and dutiful soldier in protected reproductive freedom, Judge countable in court for failing to en- the administration’s systematic as- Pryor has called Roe v. Wade ‘‘the force minimum Federal standards from sault on the Constitution and indi- worst abomination of constitutional the joint hearing before the U.S. Sen- vidual rights, effectively making his law in our history.’’ In this spirit, he ate Committee on Environment and nomination for a lifetime appointment has endorsed the formation of uncon- Public Works and the U.S. Senate Com- to the Eleventh Circuit Court of Ap- stitutional barriers that would thwart mittee on the Judiciary, July 16, 2002. peals political payback for a job per- the practice of reproductive freedom, On reproductive rights Mr. Pryor in ceived well done. Given Judge Pryor’s going as far as defending Alabama’s so- 1997 called the Roe v. Wade decision, disdain for the Constitution and indi- called ‘‘partial-birth abortion’’ ban de- ‘‘the day seven members of our highest vidual rights, I encourage my col- spite the fact that it lacked the con- court ripped the Constitution and leagues to join me in opposing Judge stitutionally required exception to pro- ripped out the life of millions of unborn Pryor’s nomination. tect the health of the pregnant woman. children.’’ In a speech during that same If confirmed for a lifetime appoint- But Judge Pryor’s attacks against year, Mr. Pryor criticized the 1992 Su- ment to the Eleventh Circuit Court of privacy interests are not only rel- preme Court decision in Planned Par- Appeals, Judge Pryor would pose an egated to reproductive rights. Judge enthood v. Casey by stating that this enormous threat to the rights, protec- Pryor believes that it is constitutional decision ‘‘preserved the worst abomina- tions, and freedoms of all Americans. to imprison gay men and lesbians for tion of constitutional law in our his- Judge Pryor’s professional record dem- having sex in the privacy of their own tory: Roe v. Wade.’’ onstrates a willingness to contort the homes. In an amicus brief asking the Finally, during Mr. Pryor’s career he law in order to make it fit his political Supreme Court to uphold Texas’ ‘‘Ho- has actively worked to oppose gay agenda. During his 7-year tenure as at- mosexual Conduct’’ law, Judge Pryor

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6274 CONGRESSIONAL RECORD — SENATE June 9, 2005 advocated criminalizing homosexual Circuit Court of Appeals. I have closely faith speaks favorably to his nomina- intercourse between consenting adults, reviewed Judge Pryor’s record, and tion and to his commitment to moral ignoring the equal protection clause of based upon it, I believe that Judge values, which I have no problem with. the 14th amendment. In his brief on be- Pryor would have difficulty putting I would like people in the judiciary half of the people of Alabama, Judge aside his extreme views in interpreting with positive and strong moral val- Pryor equated sex between two con- the law. Consequently, I do not believe ues.’’ senting adults of the same gender with that Judge Pryor should be confirmed I am troubled that legitimate and se- ‘‘activities like prostitution, adultery, to a lifetime appointment on the Elev- rious concerns over Judge Pryor and necrophilia, bestiality, possession of enth Circuit Court of Appeals. other nominees have been brushed child pornography, and even incest and Before President Bush’s recess ap- aside, and instead it is said that we on pedophilia . . .’’ This is from a brief in pointment of William Pryor to the this side are trying to make a case Support of Respondent at 25, Lawrence Eleventh Circuit in February 2004, against people of faith. That simply is v. Texas, 539 U.S. 558, 2003. Pryor had not been a judge. As a result, not true. Judge Pryor’s disrespect for the rule he lacks a record as a sitting judge Thomas Jefferson wrote of the estab- of law however, is not limited to his through which his judicial tempera- lishment clause of the first amend- disregard for the Constitution. Judge ment and impartiality may be exam- ment, ‘‘I contemplate with sovereign Pryor has long been a foot soldier in ined. Consequently, one must look to reverence that act of the whole Amer- the conservative movement’s attack on Judge Pryor’s actions and statements ican people which declared that their the authority of Congress to enact laws throughout his career. legislature should ‘make no law re- protecting individual and other rights. In his career, Judge Pryor has pri- specting an establishment of religion He and like-minded conservative marily been a politician, and consid- or prohibiting the free exercise there- ideologues have hidden behind the la- ering the vehemence with which he has of,’ thus building a wall of separation bels ‘‘States rights’’ and ‘‘federalism,’’ advocated his political views, I have se- between church and state.’’ when what they are truly advocating is rious concerns that he can set aside The Supreme Court has written that the restriction of Congress to protect those views and apply the law in an ‘‘the most important of all aspects of Americans’ rights against discrimina- independent, non-partisan fashion. religious freedom in this country is tion and injury based on disability, First, I want to be very clear about that of the separation of church and race, and age. one thing. My objection to confirming state.’’ Again as attorney general of Ala- Judge Pryor to a lifetime seat on the It is because the separation of church bama, Judge Pryor abused his discre- Eleventh Circuit Court of Appeals has and state ensures religious freedom, tion, making Alabama the only State nothing to do with Judge Pryor’s per- that some of Judge Pryor’s actions and to file an amicus brief in support of sonal religious beliefs. statements concern me. striking down part of the Violence There are those who have been There are those who have minority- Against Women Act. As Alabama’s at- spreading the false statement that held religious views. There are those torney general, Judge Pryor filed briefs some Democrats vote against judicial who have majority-held religious calling for the elimination of protec- nominees because of a nominee’s reli- views. But one of the beautiful things tions contained in the Family and Med- gious beliefs. And that has been said about America is that it is a pluralistic ical Leave Act, the Age Discrimination about me. The majority leader even society and that the government has in Employment Act, the Clean Water had on his Web site a newspaper col- stayed out of religion. The founding fa- Act, and the Endangered Species Act. umn that says I voted against Judge thers, looking at the history of Europe, On two separate occasions, he testified Pryor because of his religious beliefs. recognized the sectarian strife and reli- in Congress against EPA enforcement So I went back and I took a look at gious oppression that can arise from fa- of the Clean Air Act and against key my statement on the floor, and I took voring one religion over another. They provisions of the Voting Rights Act. a look at my statement in the Judici- came here and they founded a govern- In one Supreme Court case in which ary Committee markup, and they are ment where there was to be a distinct his office again filed an amicus brief, both clear that my concerns with line drawn between government and re- Judge Pryor urged the Supreme Court Judge Pryor have nothing to do with ligion, and it has served this country to hold that State employees cannot his religious beliefs. As I stated before well. sue for damages to protect their rights this body in July of 2003: against discrimination under the So when people confuse arguments Many of us have concerns about nominees that are made to support the separa- Americans with Disabilities Act. In a sent to the Senate who feel so very strongly narrow 5-to-4 decision, the Court and sometimes stridently and often intem- tion of religion and government with agreed with Judge Pryor’s ‘‘States’ perately about certain political beliefs, and an opposition to people of faith, they rights’’ argument. After the decision, who make intemperate statements about could not be more wrong. And I think Judge Pryor expressed tremendous sat- those beliefs. this has to be made increasingly clear. isfaction for his part in dismantling a So we raise questions about whether We’ve all seen the inflammatory ads. portion of one of this generation’s sem- those nominees can truly be impartial, We’ve all heard the commercials. inal pieces of civil rights legislation. particularly when the law conflicts I hope that a more responsible tone Judge Pryor said he was ‘‘proud’’ of his with those beliefs. will be struck, because the value of the role in ‘‘protecting the hard-earned It is true that abortion rights can separation between church and state is dollars of Alabama taxpayers when often be at the center of these ques- based on the fact that once that bright Congress imposes illegal mandates on tions. As a result, accusations have line is broken, what one has to grapple our state.’’ been leveled that, at any time repro- with is which religion do you put in the Americans deserve better than this. ductive choice becomes an issue, it acts courtroom? Which religion do you They deserve even-tempered jurists as a litmus test against those whose re- allow to be celebrated in a govern- who will not use the bench as a pulpit ligion causes them to be anti-choice. mental framework? for the advancement of their own polit- But pro-choice Democrats on the Ju- If the separation of church and state, ical agenda. Given Judge Pryor’s dis- diciary Committee have voted for that has been a part of this nation regard for individual rights, the Con- many nominees who are anti-choice since its founding, is abolished, these stitution and congressionally man- and who believe that abortion should become very real and very disturbing dated protections, I cannot in good be illegal—some of whom may . . . questions. faith extend my constitutionally re- have been Catholic. I do not know, be- Accordingly, I am extremely con- quired consent to his nomination, and I cause I have never inquired. cerned by Judge Pryor’s actions and encourage my Senate colleagues to So this is truly not about religion. statements promoting the erosion of again withhold their support as well. This is about confirming judges who the division between church and state. Mrs. FEINSTEIN. Thank you, Mr. can be impartial and fair in the admin- As deputy attorney general and at- President. istration of justice. torney general of Alabama, Judge I would like to discuss the nomina- Before the Judiciary Committee, I Pryor vigorously defended the display tion of William Pryor to the Eleventh said of Judge Pryor that, ‘‘I think his of a statue of the Ten Commandments

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6275 in the Alabama supreme court. How- of judicial activism.’’ This depth of not moved for the primary purpose of ever, when questioned about whether it hostility to the established precedent discouraging minority voting. would be constitutional to display reli- of the Supreme Court is disquieting in Judge Pryor’s strong criticism of this gious artifacts or symbols from other an appellate court nominee. important safeguard of civil rights, religions in the court room, Pryor was At his confirmation hearing, Judge particularly on federalism grounds— noticeably silent. Pryor had the opportunity to clarify or meaning he believes that the Federal According to an April 4, 1997 Associ- step back from these inflammatory re- Government has no right to intervene, ated Press account, Pryor said that marks. Nevertheless, he stood by his even where a citizen’s right to vote is ‘‘the State has no position on whether statement that Roe is the ‘‘worst threatened—concerns me. the Alabama supreme court Chief abomination of constitutional law in One of Judge Pryor’s legacies as at- Judge’s right to pray and have a reli- our history’’—worse than Plessy v. Fer- torney general of Alabama is his effort gious display in his courtroom extends guson, the decision upholding segrega- to weaken and undermine the Ameri- to people of other faiths.’’ That Judge tion, the Dred Scott decision, which de- cans with Disabilities Act, passed in Pryor did not take that opportunity to nied citizenship and court access to all 1990 to protect the rights of the dis- make clear that all religions are equal slaves and their descendants, or the abled. For example, in Tennessee v. before our courts is distressing. Korematsu case, validating the govern- Lane, Pryor, then attorney general of Also while Deputy Attorney General, ment’s internment of Japanese citizens Alabama, submitted an amicus brief Judge Pryor defended the Alabama su- during World War II. seeking to deny a disabled defendant preme court Chief Judge’s practice of That a nominee for a court just access to his own trial. having Christian clergymen give pray- below the Supreme Court believes that Pryor argued that the constitutional ers when jurors first assembled in his an existing precedent of the Supreme guarantees of equal protection and due courtroom for a trial. Judge Pryor Court protecting a woman’s right to process ‘‘do not require a State to pro- sought to have an Alabama trial judge choose is worse than long discredited vide unassisted access to public build- declare this practice constitutional decisions denying blacks citizenship or ings’’ and even took the extraordinary under the U.S. and Alabama constitu- permitting segregation is deeply disposition that there is no absolute right tions. The trial judge ruled against turbing and out of line with the last for a defendant to be present at his own Pryor, concluding that the prayer was hundred years of American jurispru- criminal trial, stating that ‘‘even as to unconstitutional. dence. parties in legal proceedings, there is no The judge cited the Chief Judge’s In statements addressing the scope of absolute right to attendance.’’ The Su- own statements that ‘‘acknowledged Federal Government, Judge Pryor has preme Court rejected these extreme po- that through prayer in his court, he is promoted a role so limited that the sitions advocated by Pryor. promoting religion.’’ Pryor’s decision Federal Government would be forced to Pryor’s repeated attempts to use ju- to pursue this case despite the Chief abdicate many of its central respon- dicial means to undo the legislation Justice’s own admission that the pray- sibilities. For example, he has stated protecting basic civil rights raise ques- er was intended to promote religion— that Congress ‘‘should not be in the tions about both his willingness to pro- thereby violating the establishment business of public education nor the tect individual’s civil rights and his clause of the Constitution—is per- control of street crime.’’ propensity to judicial activism— using plexing. I do not believe that the Federal Gov- the courts as a partisan vehicle to undo It is imperative that our judges—par- ernment should ignore critical matters legislation he does not support. ticularly judges on our Courts of Ap- like education and crime, and neither Supporters of Judge Pryor’s nomina- peals—respect and follow the law, espe- do most Americans. However, my larg- tion point to his brief record as a re- cially the Constitution. I do not believe er concern is not that Judge Pryor’s cess appointee to the Eleventh Circuit that a lawyer with Judge Pryor’s position is contrary to my viewpoint or as evidence of Judge Pryor’s ability to record of consistent attacks on the es- even that it is contrary to the views of set aside his strong political views. tablishment clause and the separation most Americans, but that it is con- While Judge Pryor, in his short tenure of church and state enshrined therein trary to binding Supreme Court prece- on the Eleventh Circuit has not au- should be given a lifetime appointment dent establishing the breadth of the thored any particularly controversial to the Eleventh Circuit. Federal Government’s powers. opinions, decisions he has written ad- Another concern I have with Judge This extremely limited view of the dressed what are largely technical and Pryor is the extreme positions he has role of Federal Government is reflected uncontroversial legal issues. advocated regarding a woman’s right in the positions Judge Pryor has taken Judge Pryor’s brief stint as a recess to choose. I have voted for numerous on a number of important issues. appointee may or may not offer a rep- anti-choice judicial nominees. How- Testifying before the Judiciary Com- resentative preview of the opinions he ever, Judge Pryor’s positions are be- mittee as attorney general of Alabama would render as a lifetime member of yond the mainstream even of those in 1997, Judge Pryor urged the repeal of the Eleventh Circuit. who oppose the right to choose. Fur- Section 5 of the Voting Rights Act, Ultimately, my concern is that Judge thermore, his incendiary remarks on calling it an ‘‘affront to federalism, Pryor does not display the dis- the subject demonstrate not only a and an expensive burden that has far passionate, independent view that we lack of appropriate judicial tempera- outlived its usefulness.’’ want from our judges. While in private ment, but a lack of respect for the Su- Section 5 of the Voting Rights Act practice, Pryor’s commitment to the preme Court. requires any changes in voting laws in Republican Party apparently interfered Judge Pryor opposes abortion even in states with a specific history of voting with his representation of clients. cases of rape and incest and supports discrimination to be pre-cleared by the Valstene Stabler, a partner at the Bir- an exception only where a woman’s life Justice Department or the Federal Dis- mingham firm of Walston, Stabler, is endangered. He has called Roe v. trict Court in Washington. D.C. to en- Wells, Anderson & Baines, described Wade ‘‘the worst abomination of con- sure they have no discriminatory pur- Pryor as being ‘‘so interested in what stitutional law in our history,’’ and pose or effect. In this way, Section 5 of the Republican Party was doing in the said, ‘‘I will never forget January 22, the Votings Rights Act has been a crit- state, he was having trouble devoting 1973, the day seven members of our ical tool in guaranteeing the voting attention to his private clients.’’ highest court ripped the Constitution rights of minorities. A Washington Post editorial observed and ripped out the life of millions of Today, Section 5 of the Voting that: unborn children.’’ Rights Act continues to ensure voting Mr. Pryor’s speeches display a disturbingly As attorney general of Alabama, rights. In the last ten years, Section 5 politicized view of the role of the courts. He Judge Pryor called Roe and Miranda v. of the Voting Rights Act has been ap- has suggested that impeachment is an appropriate remedy for judges who ‘‘repeatedly Arizona, the well known Supreme plied in more than a half-dozen states and recklessly . . . overturn popular will and Court decision requiring that criminal to ensure that districts are not . . . rewrite constitutional law.’’ And he talks defendants be informed of their right redrawn to intentionally dilute minor- publicly about judging in the vulgarly polit- to remain silent, ‘‘the worst examples ity votes and that polling places are ical terms of the current judicial culture

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6276 CONGRESSIONAL RECORD — SENATE June 9, 2005 war. He concluded one speech, for example, personal preferences aside, and judge thority in passing the Family and Med- with the following prayer: ‘‘Please, God, no without predisposition. And, of course, ical Leave Act; and many other cases. more Souters’’ a reference to the betrayal he or she must follow controlling The extreme legal positions advanced many conservatives feel at the honorable ca- precedent faithfully, and be able to dis- in these cases were fully and entirely reer of Supreme Court Justice David H. Souter. regard completely any views he or she the responsibility of this nominee holds to the contrary. while he served as Alabama’s attorney Republicans who have worked with In the case of Judge Pryor, we are general. Judge Pryor have voiced concerns over presented with a nominee whose views Of course, Judge Pryor has every his ability to be an independent, non- are so extreme that he fails this basic right to hold his views, whether we partisan judge. Grant Woods, the test. In case after case, and on issue agree with him or not. He can run for former Republican attorney general of after issue, Judge Pryor compiled a office and serve in the legislative or ex- Arizona said that ‘‘he would have great public record as Alabama’s attorney ecutive branches should he convince a question of whether Mr. Pryor has an general of taking the most extreme po- majority of his fellow Alabamians that ability to be non-partisan. I would say sitions, often at odds with controlling he is fit to represent them. But he has he was probably the most doctrinaire Supreme Court precedent, and in the no right to be a federal appeals court and most partisan of any attorney gen- most hard-line and inflexible manner. judge. Only those who we are convinced eral I dealt with in 8 years. So I think Judge Pryor’s views are outside of are impartial, unbiased, fair, and whose people would be wise to question the mainstream on issues affecting only guiding ideology is to follow the whether or not he’s the right person to civil rights, women’s rights, disability Constitution to apply equal justice to be non-partisan on the bench.’’ rights, religious freedom, and the right all are fit for this position. Unfortu- A judge must be able to set aside his to privacy. During his confirmation nately, we can have no confidence that views and apply the law evenly and hearings at the Judiciary Committee 2 he will set these views aside and faith- fairly to all. Mr. Pryor’s intemperate years ago, he assured us that despite fully follow the Constitution and bind- legal and political beliefs, and his stri- these views, he would follow settled ing precedent. For these reasons, I dent statements and actions in further- law and Supreme Court precedent. But must oppose his confirmation. ance of those beliefs, have led me to he made this promise only after mak- The ACTING PRESIDENT pro tem- question whether he can be truly im- ing extreme statements to the Com- pore. Under the previous order, the partial. mittee and during his hearing and re- time from 3:15 until 3:30 shall be under Aside from his brief tenure on the fusing to disavow other zealous posi- the control of the Democrats, and the Eleventh Circuit as a recess appointee, tions that he has taken throughout his time from 3:30 until 3:45 shall be under Judge Pryor has no judicial record career. I concluded then—and do not the control of the Democratic leader. upon which to evaluate him. Con- believe differently now—that I had no The Senator from Nevada. sequently, we must consider his fitness basis to believe Judge Pryor could put Mr. REID. Mr. President, the time I for the Eleventh Circuit on the basis of his personal views aside and apply the have left over from the 15 minutes that his actions and statements as deputy law of the land as decided by the Su- is from 3:30 to 3:45 I will leave to Sen- attorney general and attorney general preme Court. ator LEAHY. I am going to use part of of Alabama. Looking back on this Judge Pryor’s supporters argue that his time now. The ACTING PRESIDENT pro tem- highly partisan and controversial ten- his record in the year since he has sat pore. Without objection, it is so or- ure, I cannot vote for Judge Pryor’s as a judge on the Eleventh Circuit as a confirmation to a lifetime appointment dered. recess appointee demonstrates that he Mr. REID. Mr. President, I rise to ex- on the Eleventh Circuit Court of Ap- is worthy of confirmation. Yet, in each press my strong opposition to the nom- peals. of the decisions that his supporters ination of William Pryor to the Elev- Mr. KOHL. Mr. President, I rise rely on for this judgment, Judge Pryor enth Circuit Court of Appeals. today to express my continued opposi- joined unanimous panels in supporting At the outset, let me note the un- tion to the nomination of William results virtually mandated by control- usual fact that we are considering Pryor to be a judge on the Eleventh ling precedent. Much more relevant whether to confirm this nominee to a Circuit Court of Appeals. Judge Pryor’s than Judge Pryor’s short and tem- court on which he has been sitting for record was extensively considered and porary tenure on the Eleventh Circuit over a year as a recess appointee. In examined by the Senate when he was is his record during all the years of his my view) this nomination is entitled to first nominated for this position in professional career prior to his recess no special deference as a result of the 2003. After he failed to obtain confirma- appointment, especially his seven nominee’s status as a sitting federal tion, President Bush used a recess ap- years of service as Alabama’s attorney judge. pointment to appoint him to the Elev- general, as well as his testimony before There are serious constitutional enth Circuit, an appointment that will our committee in 2003. questions about the validity of Mr. expire at the end of the year, and now And his record of extremism and Pryor’s recess appointment, and his has renominated him to a permanent ideologically motivated decision mak- confirmation at this time does not an- seat on the court. I find no reason ing during his years as attorney gen- swer those questions with regard to today to alter my earlier conclusion eral could not be more clear. While at- cases heard by this or other recess ap- that his record of extremism makes torney general of Alabama, Judge pointees. Nor should it embolden Presi- clear that he falls far outside the main- Pryor actively sought out cases where dent Bush to continue the questionable stream, and that I have no choice but he could expand on his cramped view of practice of appointing judges without to vote against his confirmation. federalism and challenge the ability of the advice and consent of the Senate. When considering a nominee to a the Federal Government to remedy dis- I oppose this nominee because his Federal court judgeship, we consider criminatory practices. Many of the views on a wide range of vital issues many things. The nominee should pos- cases in which he took his most ex- are far outside the mainstream of legal sess exemplary legal skills, judgment, treme legal positions were on behalf of thought, and I question his ability to and acumen. The nominee should be the State of Alabama where he had the put those views aside to decide cases learned in the law. And the nominee sole decision under State law as to impartially. should be well regarded among his what legal position to assert. These I said during the floor debate yester- peers, and in his or her community. cases include his assertion of fed- day that Janice Rogers Brown is Presi- Perhaps most important of all is the eralism claims to defeat provisions of dent Bush’s most objectionable nomi- nominee’s judicial temperament. the Age Discrimination in Employment nee. But I want to be clear: on the crit- An appeals court judge’s solemn duty Act and the Americans With Disabil- ical issue of civil rights, William Pryor and paramount obligation is to do jus- ities Act; his opposition to Congress’s holds views that are equally offensive tice fairly, impartially and without authority to provide victims of gender- as those of Justice Brown. The Pryor favor. An appeals court judge must be motivated violence to sue their nomination deserves to be defeated just judicious—that is, he or she must be attackers in federal court; his argu- as the Brown nomination deserved to open minded, must be willing to set his ment that Congress exceeded its au- be defeated.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6277 Any analysis of Mr. Pryor’s judicial agencies would take, and he used that versity, to women. Predictably, Mr. philosophy should begin with his views power to file ‘‘friend of the court’’ Pryor called that case an example of on federalism. This nominee has been a briefs attacking many of these stat- the Supreme Court being ‘‘both anti- self-styled leader of the so-called fed- utes. In fact, Alabama was the only democratic and insensitive to federalism revolution conservative legal State to file a brief against the Vio- eralism.’’ circles, a movement that challenges lence Against Women Act, while 36 There is Mr. Pryor’s contempt for the authority of Congress to remedy States submitted briefs in support of what he called the ‘‘so-called wall of civil rights violations. the statute—which had passed Con- separation between church and state’’ Now, I am certainly thankful that gress with bipartisan support. and his belief that this important doc- the Framers of the Constitution had With regard to the Voting Rights trine was created by ‘‘errors of case the wisdom to create a Federal system Act, Mr. Pryor had the following to say law.’’ In fact, Mr. Pryor remarked at a that divided power between the na- when he testified before Congress in graduation ceremony that ‘‘the chal- tional and State governments. But for 1997: lenge of the next millennium will be to Mr. Pryor, the word ‘‘federalism’’ is I encourage you to consider seriously, for preserve the American experiment by more than that—it is a code word or a example, the repeal or amendment of section restoring its Christian perspective.’’ systematic effort to undermine impor- 5 of the Voting Rights Act, which is an af- There is his view of the Constitu- tant Federal protections for the dis- front to federalism and an expensive burden tion’s prohibition on cruel and unusual abled, the aged, women, minorities, that has far outlived its usefulness, and con- punishment. The Supreme Court— sider modifying other provisions of the Act which has not exactly been liberal on labor, and the environment. that have led to extraordinary abuses of ju- While attorney general of Alabama, this issue—rejected Mr. Pryor’s argu- dicial power. ment that prison guards could handcuff Pryor told a Federalist Society con- The Voting Rights Act is still of vital ference that Congress: prisoners to a hitching post in the Ala- importance, and section 5 is one of its bama sun and deny them bathroom should not be in the business of public edu- most important sections. I have grave breaks or water. It also rejected his ar- cation nor the control of street crimes . . . concerns that if Mr. Pryor cannot un- With real federalism, Congress would . . . gument that it is permissible to exe- make free trade its main domestic concern. derstand the continuing need for vot- cute the mentally retarded. It also re- Congress would not be allowed to subvert the ing rights protections for minorities, jected his argument that counsel need commerce clause to regulate crime, edu- he is unlikely to rigorously enforce the not be provided to indigent defendants cation, land use, family relations, or social act in cases before the Circuit. This is charged with a misdemeanor that car- policy . . . especially important since all of the ries a jail sentence. One proponent of the federalism States within the circuit are covered, Is this the kind of judge we want to movement is Michael Greve, a conserv- in whole or in part, by Section 5. confirm to a lifetime seat on a Federal ative scholar at the American Enter- Mr. Pryor has waged an assault on appellate court? prise Institute. Greve told the New other civil rights laws. In the case of Do we want a judge who, when the York Times that: Alexander v. Sandoval, Pryor filed a Supreme Court questioned the con- what is really needed here is a funda- brief for Alabama which urged the stitutionality of Alabama’s use of the mental intellectual assault on the entire Court to drastically restrict title VI of electric chair in 2000, lashed out at the New Deal edifice. the Civil Rights Act, which bars dis- Court by saying ‘‘[T]his issue should Greve said he thinks this attack on crimination in federally funded pro- not be decided by nine octogenarian the New Deal will get a good hearing grams. In a 5-to-4 opinion written by lawyers who happen to sit on the U.S. from judges like William Pryor. Greve Justice Scalia, the Supreme Court Supreme Court’’? says of Pryor: agreed with Pryor and held that there Do we want a judge who, on the day after the Supreme Court’s final ruling [he] is the key to this puzzle; there’s nobody is no private right of action to enforce like him. title VI regulations. This ruling was a in Bush v. Gore, said: dramatic setback for the civil rights I’m probably the only one who wanted it 5– Let’s look at some of the bedrock movement and continues to impede the 4. I wanted Governor Bush to have a full ap- laws that Mr. Pryor has challenged enforcement of civil rights laws. preciation of the judiciary and judicial selec- under the banner of federalism. Mr. While five Supreme Court Justices tion so we can have no more appointments Pryor has argued that the Federal agreed with Pryor about title VI, his like Justice Souter. courts should narrow, or throw out en- outside-the-mainstream views have On another occasion he said: tirely, all or portions of the Americans often been rejected by the current con- Please God, no more Souters. with Disabilities Act, the Age Dis- servative Supreme Court. In fact, the This kind of temperament served crimination in Employment Act, the Court unanimously rejected three of Pryor well as a Republican politician, Civil Rights Act, the Clean Water Act, Mr. Pryor’s federalism arguments: that but this doesn’t represent the kind of the Fair Labor Standards Act, the sovereign immunity applies not only to judicial temperament we want on the Family and Medical Leave Act, the Vi- States but to counties; that the Ameri- Federal bench. olence Against Women Act, and the cans with Disabilities Act does not The Senate must exercise its advice Voting Rights Act. apply to State prisons; and that a law and consent responsibility with great What would America look like if this barring a State from selling the per- care. In fact, we should follow Mr. Pry- federalist revolution were to take hold sonal information of its citizens with- or’s own advice. He once told a Senate in the Federal courts? University of out permission is unconstitutional. subcommittee that: Chicago Law Professor Cass Sunstein It is no wonder that the Atlanta- your role of advice and consent in judicial describes it well: Journal Constitution, in an editorial nominations cannot be overstated. Many decisions of the Federal Communica- entitled ‘‘Right-wing Zealot is Unfit to I agree with him on that point. For tions Commission, the Environmental Pro- Judge,’’ wrote that Mr. Pryor’s nomi- these reasons, I urge my colleagues to tection Agency, the Occupational Safety and withhold the in consent to this very Health Administration and possibly the Na- nation: tional Labor Relations Board would be un- is an affront to the basic premise that a can- unacceptable nomination. constitutional. It would mean that the So- didate for the federal bench must exhibit re- Mr. President, I apologize to my cial Security Act would not only be under spect for established constitutional prin- friend. Since he was not here, I used political but also constitutional stress . . . ciples and individual liberties. Pryor may be my time a little early. So the record is the Securities and Exchange Commission a good lawyer and a faithful Republican, but clear, my friend is the great Senator and maybe even the Federal Reserve would his lifelong extremism disqualifies him for a PAT LEAHY from Vermont. be in trouble. Some applications or the En- federal judgeship. Mr. LEAHY. I thank the Senator. dangered Species Act and Clean Water Act And there is more. Mr. President, I suggest the absence would be struck down as beyond Congress’s There is Mr. Pryor’s view of the of a quorum. commerce power. equal protection clause, which led him The ACTING PRESIDENT pro tem- As attorney general of Alabama, to oppose a 7-to-1 ruling by the Su- pore. The clerk will call the roll. Pryor had the sole power to decide preme Court that opened the Virginia The legislative clerk proceeded to what legal action the State and its Military Institute, a State-funded uni- call the roll.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6278 CONGRESSIONAL RECORD — SENATE June 9, 2005 Mr. LEAHY. Mr. President, I ask of the Bush Presidency, with Ameri- again, in April of this year. It has been unanimous consent that the order for cans having to pay so much more to stalled on the Senate Business Cal- the quorum call be rescinded. drive to work, to get their kids to endar for too long. It is a bipartisan The ACTING PRESIDENT pro tem- school, just to get around to conduct initiative that could help in the fight pore. Without objection, it is so or- the daily business of their lives, the to reduce gasoline prices now and heat- dered. Republican leadership of the Senate is ing oil prices in the fall and winter. It Mr. LEAHY. Mr. President, how ignoring this substantial burden on deserves a vote. Why not have an up or much time is available? American working families. down vote on this measure without fur- The ACTING PRESIDENT pro tem- This week, the national average price ther delay by the Republican leader- pore. Under the previous order, the for a gallon of regular gasoline was ship? Why can’t we do that when we Senator from Vermont has such time $2.12. When the President took office, it have seen gasoline go from $1.46 to $2.12 until 3:45 remaining. was $1.46. We just heard reports that in in this President’s administration? No, Mr. LEAHY. I appreciate that. Vermont and New Hampshire home instead we spend weeks and months, Mr. President, last month 80 Amer- heating oil prices will be up another 30 not passing legislation that would win ican service men and women died in percent this fall and winter. the support of a majority of Repub- Iraq, along with more than 700 Iraqis. The artificial pricing scheme en- licans and Democrats, but talking This week, there are reports that the forced by OPEC affects all of us, and it about a handful of people who are Army National Guard and the Marines is especially tough on our hard-work- going to get lifetime, well-paid jobs. are not meeting their recruitment ing Vermont farmers. Rising energy ex- Another consequence of the Repub- goals, in spite of the bonuses and bene- penses can add thousands of dollars a lican leadership’s fixation on carrying fits being offered. The price of gasoline, year to the costs of operating a 100- out this President’s attempt to pack prescription drugs, health care, and so head dairy operation, a price that the Federal courts with activist jurists many essentials for American working could mean the difference between may be much-needed asbestos com- families are rising a lot faster than keeping the family business alive for pensation reform. For more than 3 years, I have been working on asbestos their wages. This week, the Wash- another generation or shutting it reform to provide compensation to as- ington Times reported that the rate of down. increase in the Consumer Price Index With summer coming, many families bestos victims in a fair and more expe- PECTER and I doubled in the last year. This week, we are going to find that OPEC has put an dited fashion. Chairman S have worked closely on S. 852, the have learned that General Motors has expensive crimp in their vacation FAIR Act. It, too, is pending on the planned to lay off another 25,000 work- plans. Some are likely to stay home; Senate Business Calendar, even though ers and that other companies are not others will pay more to drive or to fly it was voted out in a bipartisan effort expanding or are, even worse, so that they can visit their families or last month. downsizing. The report of only 78,000 take their well-deserved vacations. Chairman SPECTER deserves enor- jobs created last month puts us back to Americans deserve better. If the mous credit for this achievement, even the dismal levels that have character- White House is not going to intervene, though we were slowed significantly by ized so many months during this ad- then Congress has to act. It is past the extensive debate on contentious ministration. A loss of our manufac- time—it is past the time—for holding nominees and the nuclear option the turing jobs continues at a steady drip. hands and exchanging kisses with past few months. We have been work- Millions are suffering and dying in Af- Saudi princes, princes who have artifi- ing in good faith to achieve a bipar- rica. The British Prime Minister vis- cially inflated the price of gasoline. tisan legislative process on this issue. ited to urge greater efforts to help. The President’s jawboning with his We have done so, despite criticism But, of course, we debated none of close friends in Saudi Arabia has prov- from the left and the right. In fact, these issues in the Senate. The Repub- en unsuccessful. It is time to act, but after the bill was successfully reported lican leadership continued to force us the Senate, under Republican leader- by the committee, Senator HATCH to expend our precious days debating ship, is choosing instead to revisit an- called it the most important measure something else. And what is that? The other extreme judicial nomination, one the Senate would consider this year for Senate’s time has been focused not on that has already been considered. the American economy. Are we debat- these things that touch the pocket- The production quota set by OPEC ing it on the floor? No. We are debating books of Americans but almost exclu- continues to take a debilitating toll on a handful of right-wing activist judges sively on this administration’s divisive our economy, our families, our busi- for lifetime, highly paid jobs. and contentious judicial nominees. nesses, industry, and farmers. Last There are many items that need Over the last several months, and for year and again earlier this year, the prompt attention. The Armed Services many days and weeks over the last few Judiciary Committee voted to report Committee completed its work on the years, the work of the Senate has been favorably to the full Senate the bipar- Department of Defense authorization laid aside by the Republican leadership tisan NOPEC bill, which is short for No bill. But we are seeing the Republican to force debate after debate on divisive Oil Producing and Exporting Cartels leadership delay action on the Defense nominations, on people who are going Act. Our legislation would apply Amer- authorization bill at a time when we to be paid almost $200,000 a year in life- ica’s antitrust laws to OPEC’s anti- have so many of our men and women time jobs. Those who are barely able to competitive cartel. It would prohibit under arms overseas. I don’t know why make their week’s rent or their foreign states from working together they are doing it, unless it is to allow month’s mortgage ask what we are to limit production and set prices, re- more activist judges to come through. doing in the Senate. strain the trading of petroleum and At a time when we have young men Among the matters the Senate has natural gas, when such actions affect and women serving their country neglected this week in order to devote the United States. It would give the around the world, and we are talking its attention to these nominations are Department of Justice and the Federal about the recently recommended base many issues that concern the Amer- Trade Commission authority to enforce closings, I would have thought the De- ican people. One matter is the consid- the law through antitrust actions in fense authorization would be more of a eration and passage of the NOPEC bill. Federal courts. priority than three or four activist It is bipartisan legislation. It affects Why not give the Justice Department judges. all Americans, Republicans and Demo- clear authority to use our antitrust The Senate Energy Committee suc- crats. Senator DEWINE, a Republican of laws against the anti-competitive, cessfully completed its consideration Ohio, Senator KOHL, a Democrat of anti-consumer conduct in which the of an Energy bill, and it was reported Wisconsin, are key sponsors. The spon- OPEC cartel is engaged here in the to the Senate with a strong bipartisan sors of the bill include Senator GRASS- United States? majority. Despite its balance and a bi- LEY, Senator SPECTER, Senator This bipartisan bill was reported by partisan vote, the Senate Republican COBURN, and Senator SNOWE. the Judiciary Committee more than a leadership said, no, we can’t talk about With an increase in gasoline prices of year ago, in April of last year. It was it. We have to talk about a couple more almost 50 percent during the four years reintroduced this year and reported, right-wing activist judges.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6279 Another matter that deserves timely For more than four years, we have opposed to him, what happened? In attention is the Stem Cell Research seen the Republican congressional 1999, every Republican Senator came Enhancement Act which was just leadership and the administration ig- on to the floor and voted down Justice passed by the House of Representa- nore the problems of Americans with a Ronnie White, even though he had been tives. It is another bipartisan effort single-minded effort to pack and con- voted out of the Judiciary Committee that deserves our attention. It had 200 trol the Federal courts. Unemploy- with heavy support. They said: House sponsors, led by Congressman ment, gas prices, the number of unin- Whoops, he may be this distinguished CASTLE and Congresswoman DEGETTE. sured, the Nation’s budget, the trade African-American jurist from Missouri. It passed with 238 votes. It is critically deficit were all lower when President But we have two Senators from his important. It authorizes work on em- Bush assumed office. Through Repub- State who oppose him so we will vote bryonic stem cells which otherwise lican Senate obstruction of more than him down. And they did. would be discarded, work which holds 60 of President Clinton’s moderate and But yesterday, what a difference. great promise and hope for those fami- qualified judicial nominees, more than What a difference if you have a Repub- lies suffering from debilitating disease 60 of President Clinton’s nominees who lican in the White House. Those same and injury. More effective treatments were subjected to a pocket filibuster by Republican Senators, joined by new Re- for Parkinson’s, Alzheimer’s disease, Republicans, judicial vacancies went publican Senators, the same Repub- diabetes, for spinal cord injuries, for up. But let’s take a look. lican Senators who told me, ‘‘We know many other diseases are all possibili- Since President Bush came in, what that Justice Ronnie White is well ties. Why are we not debating that? We are the things that have gone up? Un- qualified, but, after all, we have to fol- have three or four more activist right- employment has gone up 21 percent. low the fact that the two Senators wing judgeships for lifetime, highly Since President Bush came in, what from his State say they don’t want paid positions. That is far more impor- has gone up? The budget deficit has him, so we have to vote him down,’’ tant than stem cell research. gone up. It has gone from a $236 billion those same Senators come up here and While the administration continues surplus under President Clinton to a meekly come in, in lockstep, and vote to talk about its efforts to weaken So- $427 billion deficit under President for Judge Brown, even though the two cial Security, there is bipartisan legis- Bush—$663 billion down the rat hole. home-state Senators, for very good rea- lation we should be considering, the What else has gone up? The price of gas sons, opposed her. Social Security Fairness Act. Are we has gone from $1.42 to $2.10. That is not Last week, all but one Republican Senator voted to confirm Priscilla going to talk about that? No. Will we helping the average American. Let’s talk about the fact that the adminis- Owen. take a look at the trade deficit. It has Yesterday’s vote on the Brown nomi- tration is raiding the Social Security gone up from $36 billion to $55 billion. fund to pay for their war in Iraq? That nation apparently indicates Republican How about the percentage of the unin- Party discipline has been restored. For is something they don’t want to talk sured? That has gone up another 10 per- about. They want to talk about Social all the talk about profiles in courage cent. and Senators voting their conscience, Security failing, but they don’t talk But the full-time, highly paid posi- the Republican majority has reduced about the fact that they have to take tions of judgeships is the one thing the Senate to a rubberstamp of this the money out of the Social Security that has come down. Judicial vacancies President’s extreme and activist nomi- fund to pay for the war in Iraq. We have come down 49 percent. nees. Even though Senators will tell can’t talk about the Social Security It seems that is far more important you privately they would vote against Fairness Act here on the floor because than seeing projected trillions of dol- this person if it was secret ballot, the we have to take the time for three or lars in surpluses go to trillions of dol- White House tells them what to do. four more right-wing activist judges. lars in projected deficits, far more im- William Pryor has argued that Fed- The bill I talked about is a bill that portant than the problem we create eral courts should cut back on the pro- Republican and Democratic Senators when we allow the Saudis, the Chinese, tections of important and well-sup- have cosponsored over the years to pro- the South Koreans, the Japanese, and ported Federal laws, including the Age tect the Social Security retirement of others to pay our bills but then be able Discrimination in Employment Act, police officers. Those on the front lines to manipulate our economy. It seems the Americans with Disabilities Act, protecting all of us from crime and vio- wrong. the Civil Rights Act of 1964, the Clean lence should not see their Social Secu- We helped the President confirm a Water Act, the Violence Against rity benefits reduced. That needs fix- record number of his judges, but we Women Act, the Family and Medical ing. We could have done that easily Democrats would like to see us talk Leave Act. That should be enough to this week. But, no, we can’t protect our about the people who are out of work, vote against him, but it won’t be, not police officers. Instead, we will make the price of gasoline, the huge deficits with this rubberstamp. He has repudi- sure that a handful of right-wing activ- that have been created by this presi- ated decades of legal precedents that ist judges get highly paid lifetime jobs. dency. permitted individuals to sue States to These are merely examples of some We know that yesterday the Senate prevent violations of Federal civil of the business matters the Republican confirmed Janice Rogers Brown to the rights regulations. Is that going to majority of the Senate has cast aside Court of Appeals for the D.C. Circuit, cause us to vote him down? Heck no. to force more debate on more conten- despite the fact she is a divisive and His aggressive involvement in the tious nominees. The Senate could be controversial nominee. She was op- Federalist revolution shows he is a making significant legislative progress posed by both her home State Senators goals-oriented activist who has used on an agenda that would result in because she had a record so extreme it his official position to advance his much-needed and tangible relief to the marked her as one of the most activist cause. While his advocacy is a sign to American people on a number of impor- judicial nominees ever chosen by any most people of the extremism, he tant fronts. We could be acting to President. trumpets his involvement. He is un- lower gas prices, authorize actions In the past, when both Senators from abashedly proud of his repeated work against illegal cartels, make asbestos a nominee’s State opposed them, the to limit congressional authority to compensation efficient and effective, person, even if highly qualified, would promote the health, safety, and welfare authorize vital scientific research, probe turned down. In this case, we have of all Americans. vide fairness to police officers and to somebody who is not qualified, an ac- His passion is not some obscure legal make health care more affordable, cre- tivist judge opposed by both of her theory but a legal crusade that has ate new and better jobs and give our State’s Senators, who still passed. I driven his actions since he was a stu- veterans and their families the support mention that because I remember Jus- dent and something that guides his ac- they need and deserve. Instead, the Re- tice Ronnie White, now the first Afri- tions as a lawyer. His speeches and his publican leadership of the Senate con- can American to serve as Chief Justice testimony before Congress demonstrate tinues its narrow focus on helping this of the Missouri Supreme Court. When just how rooted his views are, how Administration pack the federal courts the two Senators from his home State, much he wants to effect a fundamental with extreme nominees. Republican Senators, said they were change in this country.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6280 CONGRESSIONAL RECORD — SENATE June 9, 2005 Just remember this: These judicial violence against women, the Americans the Charleston Gazette, the Arizona nominees are being confirmed for life. with Disabilities Act, and the Govern- Daily Star, and The Los Angeles They do not leave or get reconsidered ment’s ability to protect the environ- Times. after the congressional elections next ment on behalf of the American people. We have also heard from a large num- year or after this administration ends. Of course, those substantive concerns ber of organizations and individuals They serve as lifetime appointments to will not do much to advance Repub- concerned about justice before the fed- the Federal court. licans’ political ambitions and the eral courts. The Log Cabin Repub- It is one thing for us to ignore all the agendas of polarizing interest groups. licans, the Leadership Conference on things we should be doing for the So some Republican partisans are put- Civil Rights, the AFL–CIO, the Na- American people, but I urge all Sen- ting the truth to one side. They dis- tional Partnership for Women and ators, on both sides of the aisle, to end miss the views of Democratic Senators Families and many others have pro- this up-or-down rubberstamp, fulfill doing their duty under the Constitu- vided the Committee with their con- the Senate’s constitutionally man- tion to examine the fitness of every cerns and the basis for their opposi- dated duty to evaluate with clear eyes nominee to a lifetime position on the tion. We have received letters of oppo- the fitness of judicial nominees, even Federal bench and choose, instead, to sition from organizations that rarely President Bush’s nominees, when they use smears and accusations. take positions on nominations but feel are for lifetime appointments. Stop The last time Judge Pryor came be- so strongly about this one that they telling me privately how you would fore this committee and the Senate, are compelled to publicly oppose it, in- vote if it was a secret ballot. Have the slanderous accusations were made by cluding the National Senior Citizens’ courage to vote in an open ballot the Republican Senators, and scurrilous Law Center, the Anti-Defamation same way. newspaper advertisements were run by League and the Sierra Club. In the last Congress, following one of a group headed by the President’s fa- The ABA’s evaluation also indicates concern about this nomination. Their the most divisive debates I have seen ther’s former White House counsel and Standing Committee on the Federal on the floor of the Senate, I explained a group whose funding includes money Judiciary gave Mr. Pryor a partial rat- why I felt strongly about voting raised by Republican Senators and ing of ‘‘not qualified’’ to sit on the Fed- against the nomination of William even by the President’s family. Other eral bench. Of course this is not the Pryor to the U.S. Court of Appeals for Republican members of the Judiciary first ‘‘not qualified’’ rating or partial Committee and of the Senate stood the Eleventh Circuit—in committee ‘‘not qualified’’ rating that this admin- and in two unsuccessful cloture at- mute in the face of these McCarthyite istration’s judicial nominees have re- tempts. The President disregarded the charges, or, worse, fed the flames. Now, ceived. More than two dozen of Presi- advice given to him by the Senators the same type of rhetoric—identifying dent Bush’s nominees have received in- opposing this nomination, and he in- opponents as against faith—has again dications of concerns about their quali- stalled Mr. Pryor as a recess-appointed reared its ugly head. fications from the ABA’s peer reviews, This kind of religious smear cam- judge on the Eleventh Circuit where he which have been less exacting and paign hurts the whole country. It hurts will serve until the end of this year. much more accommodating to this ad- Today, because the President continues Christians and non-Christians. It hurts ministration than to previous ones. I to insist on pushing his most divisive all of us, because the Constitution re- would note that this softer treatment nominees in a group that he renomi- quires judges to apply the law, not follows the changes in the process im- nated to the Senate, we are here voting their personal views. Remember that posed by the Bush administration. yet one more time on this nomination. all of us, no matter what our faith— Judge Pryor has long been a leader of I expect some will try to point to the and I am proud of mine—are able to the federalist movement, promoting few cases he has worked on during his practice our religion as we choose or State power over the Federal Govern- time ‘‘auditioning’’ on the circuit not to practice a religion. That is a ment. A leading proponent of what he court as evidence that he should be fundamental guarantee of our Con- refers to as the ‘‘federalism revolu- confirmed. But nothing Judge Pryor stitution. The Constitution’s prohibition,’’ Judge Pryor seeks to revitalize has done in the intervening period has tion against a ‘‘religious test’’ in Arti- state power at the expense of Federal changed my view that based on his en- cle VI is consistent with that funda- protections, seeking opportunities to tire career and record, if he were to re- mental freedom. I hope that Repub- attack Federal laws and programs de- ceive life tenure on the Federal bench, lican Senators will debate this nomina- signed to guarantee civil rights protec- he would put ideology above the law. I tion absent the scurrilous charges that tions. He has urged that Federal laws cannot support him. marked it the past and the discourse on behalf of the disabled, the aged, In the course of their march toward during the ‘‘nuclear option’’ last women, minorities, and the environ- the ‘‘nuclear option’’—a development month. ment all be limited. Not long ago, in a thankfully averted—the President and Instead, the Senate’s debate should New York Times Magazine article the Republican leadership escalated center on the nominee’s qualifications about the so-called ‘‘Constitution-in- the rhetoric surrounding this issue in for this lifetime post in the Federal ju- Exile’’ movement, Michael Greve, was alarming ways. The majority leader diciary. There is an abundance of sub- quoted as saying, ‘‘Bill Pryor is the last month participated in a telecast stantive and compelling reasons why key to this puzzle; there’s nobody like smearing opponents of the most ex- William Pryor should not be a judge on him. I think he’s sensational. He gets treme judicial nominees as ‘‘against the Eleventh Circuit. Opposition to almost all of it.’’ That is precisely why people of faith.’’ Arrayed behind the Judge Pryor’s nomination is shared by he should not be confirmed. podium at that gathering were photos a wide spectrum of objective observers. William Pryor has argued that the of the filibustered nominees, and Judge Pryor’s record is so out of the Federal courts should cut back on the speaker after speaker accused Demo- mainstream that a vast number of edi- protections of important and well-sup- crats of opposing nominees such as torial boards and others have weighed ported Federal laws including the Age Judge Pryor because of his faith. These in with significant opposition. Discrimination in Employment Act, are baseless and despicable accusa- Even The Washington Post, which the Americans with Disabilities Act, tions, and it is time the Republican has been exceedingly generous to the the Civil Rights Act of 1964, the Clean leadership and other Republicans in Administration’s efforts to pack the Water Act, the Violence Against and out of the Senate disavow them. courts, has termed Judge Pryor Women Act, and the Family and Med- Senate Democrats do not oppose Wil- ‘‘unfit’’ and consistently opposed his ical Leave Act. He has repudiated dec- liam Pryor because of his faith. We op- nomination. In Alabama, both the Tus- ades of legal precedents that permitted pose the nomination of William Pryor caloosa News and the Hunstville Times individuals to sue states to prevent to the Eleventh Circuit because of his wrote against the nomination. Other violations of Federal civil rights regu- extreme—some, with good reason, use editorial boards across the country lations. His aggressive involvement in the word ‘‘radical’’—ideas about what have spoken out, including the Atlanta this ‘‘federalist revolution’’ shows that the Constitution says about federalism, Journal-Constitution, the Pittsburgh he is a goal-oriented, activist conserv- criminal justice and the death penalty, Post-Gazette, The New York Times, ative who has used his official position

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6281 to advance his ‘‘cause.’’ Alabama was ren, Warren Burger, or William to capital punishment. He has advo- the only state to file an amicus brief Rehnquist, the United States Supreme cated that counsel need not be provided arguing that Congress lacked authority Court has recognized that guaranteeing to indigent defendants charged with an to enforce the Clean Water Act. He ar- all citizens the right to cast an equal offense that carries a sentence of im- gued that the Constitution’s commerce vote is essential to our democracy not prisonment if the offense is classified clause does not grant the Federal Gov- a ‘‘burden’’ that has ‘‘outlived its use- as a misdemeanor. The Supreme Court ernment authority to prevent destruc- fulness.’’ nonetheless ruled that it was a violation of waters and wetlands that serve His strong views against providing tion of the Sixth Amendment to im- as a critical habitat for migratory counsel and fair procedures for death pose a sentence that included a possi- birds. The Supreme Court did not adopt row inmates have led William Pryor to bility of imprisonment if indigent per- his narrow view of the commerce doomsday predictions about the mod- sons were not afforded counsel. clause powers of Congress. While his est reforms in the Innocence Protec- Judge Pryor is overwhelmingly hos- advocacy in this case is a sign to most tion Act that would create a system to tile to a woman’s right to choose. people of the extremism, he trumpets ensure competent counsel in death pen- There is every indication from his his involvement in this case. He is un- alty cases. When the United States Su- record and statements that he is com- abashedly proud of his repeated work preme Court questioned the constitu- mitted to reversing Roe v. Wade. Judge to limit congressional authority to tionality of Alabama’s method of exe- Pryor describes the Supreme Court’s promote the health, safety and welfare cution in 2000, William Pryor lashed decision in Roe v. Wade as the creation of all Americans. out at the Supreme Court, saying: ‘‘out of thin air [of] a constitutional His passion is not some obscure legal ‘‘[T]his issue should not be decided by right,’’ and opposes abortion even in theory but a legal crusade that has nine octogenarian lawyers who happen cases of rape or incest. driven his actions since he was a stu- to sit on the U.S. Supreme Court.’’ Judge Pryor does not believe Roe is dent and something that guides his ac- Aside from the obvious disrespect this sound law, neither does he give cre- tions as a lawyer. His speeches and tes- comment shows for the Nation’s high- dence to Planned Parenthood v. Casey. timony before Congress demonstrate est court, it shows again how results- He has said that ‘‘Roe is not constitu- just how rooted his views are, how oriented Judge Pryor is in his approach tional law,’’ and that in Casey, ‘‘the much he seeks to effect a fundamental to the law and to the Constitution. Of court preserved the worst abomination change in the country, and how far out- course an issue about cruel and un- of constitutional law in our history.’’ side the mainstream he is. usual punishment ought to be decided When Judge Pryor appeared before the Judge Pryor is candid about the fact by the Supreme Court. It is addressed Committee, he repeated the mantra that his view of federalism is different in the Eighth Amendment, and wheth- suggested by White House coaches that from the current operation of the Fed- er or not we agree on the ruling, it is he would ‘‘follow the law.’’ But his eral Government—and that he is on a an elementary principle of constitu- willingness to circumvent established mission to change the government to tional law that it be decided by the Su- Supreme Court precedent that protects fit his vision. His goal is to continue to preme Court, no matter how old its fundamental privacy rights seems limit Congress’s authority to enact members. much more likely. laws under the Fourteenth Amendment Judge Pryor has also vigorously op- Judge Pryor has expressed his opposi- and the commerce clause—laws that posed an exemption for persons with tion to fair treatment of all people re- protect women, ethnic and racial mi- mental retardation from receiving the gardless of their sexual orientation. norities, senior citizens, the disabled, death penalty, exhibiting more cer- The positions he took in a brief he filed and the environment—in the name of tainty than understanding or sober rein the Supreme Court case of Lawrence sovereign immunity. Is there any ques- flection. He authored an amicus curiae v. Texas were entirely repudiated by tion that he will pursue his agenda as brief to the Supreme Court arguing the Supreme Court majority two years a judge on the Eleventh Circuit Court that the Court should not declare that ago when it declared that: ‘‘The peti- of Appeals reversing equal rights executing mentally retarded persons tioners are entitled to respect for their progress and affecting the lives of mil- violated the Eighth Amendment. After private lives. The State cannot demean lions of Americans for decades to losing on that issue, Judge Pryor made their existence or control their destiny come? an unsuccessful argument to the Elev- by making their private conduct a Judge Pryor’s comments have re- enth Circuit that an Alabama death- crime.’’ Judge Pryor’s view is the oppo- vealed insensitivity to the barriers row defendant is not mentally re- site. He would deny certain Americans that disadvantaged persons and mem- tarded. the equal protection of the laws, and bers of minority groups and women Judge Pryor has spoken harshly would subject the most private of their continue to face in the criminal justice about the moratorium imposed by behaviors to public regulation. system. This is what is at stake for former Illinois Governor George Ryan, Capping Judge Pryor’s record of ex- Americans, the consumers of our jus- calling it a ‘‘spectacle.’’ Can someone treme activism were sworn statements tice system. This is the type of judge so dismissive of evidence that chal- made by former Alabama Governor Fob this President and this Republican lenges his views be expected to hear James and his son, both Republicans, leadership are intent on permanently these cases fairly? Over the last few explaining that Judge Pryor was only installing in our justice system. years, many prominent Americans chosen by James to be the State’s At- In testimony before Congress, Wil- have begun raising concerns about the torney General after promising that he liam Pryor has urged repeal of Section death penalty including current and would defy court orders, up through 5 of the Voting Rights Act—the center- former supporters of capital punish- and including orders of the Supreme piece of that landmark statute—be- ment. For example, Justice O’Connor Court of the United States. In sworn cause, he says, it ‘‘is an affront to fed- recently said there were ‘‘serious ques- affidavits, Governor James and his son eralism and an expensive burden that tions’’ about whether the death pen- recount how Pryor persuaded them he has far outlived its usefulness.’’ That alty is fairly administered in the was right for the job by showing them testimony demonstrates that Judge United States, and added: ‘‘[T]he sys- research papers he had supervised in Pryor is more concerned with pre- tem may well be allowing some inno- law school about ‘‘nonacquiesence’’ to venting an ‘‘affront’’ to the States’ dig- cent defendants to be executed.’’ In re- court orders. Indeed, under penalty of nity than with guaranteeing all citi- sponse to this uncertainty, Judge perjury, the former Republican Gov- zens the right to cast an equal vote. It Pryor offers us nothing but his obsti- ernor and his son say that Judge Pry- also reflects a long-discredited view of nate view that there is no problem or’s position on defying court orders the Voting Rights Act. Since the en- with the application of the death pen- changed only when he decided he want- actment of the statute in 1965, every alty. This is a position that is not like- ed to be a Federal judge. Supreme Court case to address the ly to afford a fair hearing to a defend- If true, this information, consistent question has rejected the claim that ant on death row. with the activism and extremism Section 5 is an ‘‘affront’’ to our system Judge Pryor’s troubling views on the present elsewhere in Judge Pryor’s of federalism. Whether under Earl War- criminal justice system are not limited record, is revealing. To think that this

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6282 CONGRESSIONAL RECORD — SENATE June 9, 2005 man would come before the Senate Federal judiciary the rights that all of Under the previous order, the time after having made a promise like us are entitled to enjoy through our until 4 o’clock is under the control of that—to undermine the very basis of birthright as Americans. the majority leader. our legal system—and ask to be con- Judge Pryor’s time on the Eleventh The Senator from Alabama is recog- firmed to a lifetime position on the Circuit brings out the very problem nized. Federal bench, is beyond belief. with recess appointments of controver- Mr. SESSIONS. Mr. President, it is a Indeed, William Pryor’s activism has sial judges. The Constitution sets out great honor for me to stand in this often transcended judicial philosophy that Article III judges receive lifetime great Senate Chamber to share a few and entered the realm of pure partisan appointments precisely so that they thoughts about my friend, one of the politics to the point where it appeared can be independent. Judge Pryor, in best lawyers I have ever known, now political concerns openly affected his contrast, cannot be independent during Judge Bill Pryor, serving on the Elev- legal views. As Attorney General of the pendency of his recess appointment enth Circuit Court of Appeals, to speak Alabama, Pryor was one of the found- because he is dependent on the Senate in favor of his confirmation. ers of the Republican Attorneys Gen- for confirmation to a lifetime position. He is principled. He is highly intel- eral Association, or RAGA, an organi- He is, in essence, trying out for the job. ligent. He is committed to doing the zation which raised money from cor- Accordingly, the opinions he writes right thing. He has won the support, re- porations for Republican candidates for while temporarily on the court are not spect, friendship, and admiration of state Attorney General positions. Be- much of a predictor for what he would people on both sides of the aisle—Afri- fore RAGA was founded, Attorney Gen- do if he did receive a lifetime appoint- can Americans, Whites, Democrats— eral candidates usually shied away ment and became truly independent. throughout our State of Alabama. He from corporate fundraising because of What is a good predictor for what he has virtually unanimous support the potential for conflicts of interest would do as a permanent Eleventh Cir- among those groups, and he has earned cuit judge? Quite simply, his actions with an Attorney General’s duty to go that by his principled approach to and statements in the many years of after any corporate wrongdoing. being attorney general, his love and re- But William Pryor not only ignored his professional life before he was ap- spect for the law, his courageous com- pointed provide the best insight. And the tradition of keeping Attorney Gen- mitment to doing the right thing. these actions and statements paint a eral’s races above politics, he embraced He has views about the law and pub- clear and consistent picture of a judi- with both hands the mixing of law and lic policy in America, and he expresses cial activist whose extreme views place politics. He spoke out, vocally and those, but he absolutely understands him far outside the mainstream. A often, against state attorneys general that there is a difference between advo- year of self-serving restraint does little cacy and being on a bench and having bringing aggressive cases against the to alter this picture. tobacco industry, the gun industry, and The President has said he is against to judge, that you are not then an ad- other corporate interests. And then what he calls ‘‘judicial activism.’’ How vocate, you are a referee, you are a RAGA, Pryor’s organization, raised ironic, then, that he has chosen several judge, a person who is supposed to fair- money for attorney general campaigns of the most committed and opinionated ly and objectively decide how the dis- from these very industries and others judicial activists ever to be nominated pute should be settled. He understands like them that hoped to avoid lawsuits to our courts. that totally. That is true with most and prosecution. Pryor’s philosophy of The question posed by this controver- good lawyers in America, but I think opposing mainstream government reg- sial nomination is not whether Judge he understands it more than even most ulation of corporations advanced his Pryor is a skilled and capable politi- good lawyers. Most good lawyers have politics and his organization’s fund- cian and advocate. He certainly is. The been good advocates, and they have be- raising, and his political interests in question is whether—not for a two-year come good judges. Certainly we under- turn informed his pro-corporation legal term but for a lifetime—he would be a stand that. philosophy. Curiously, when asked fair and impartial judge. Could every Criticism has been raised against him about RAGA at his hearing, Mr. PRYOR person whose rights or whose life, lib- that is painful to me. I think much of could remember very little about the erty or livelihood were at issue before it is a result of misinformation. For ex- organization or his role in it. his court, have faith in being fairly ample, my colleague from Iowa, who is His partisan, political worldview col- heard? Could every person rightly have such a champion of the disabled, al- ors the way he thinks about the role of faith in receiving a just verdict, a ver- ways is a champion of the interests of the courts as well. He ended one speech dict not swayed by or yoked to the the disabled, suggested that Bill Pryor with the prayer, ‘‘Please God, no more legal philosophy of a self-described is not a believer in rights for the dis- Souters!’’—a slap at a Supreme Court legal crusader? To see Judge Pryor’s abled because in a disabilities act that Justice seen by some as insufficiently record and his extreme views about the was passed by this Congress it allowed conservative. And he said he was law is to see the stark answer to that people to sue their employers for back pleased the Court’s vote in Bush v. question. pay, for injunction, and for damages if Gore was a 5–4 split because that vote I oppose giving Judge Pryor a life- they were wronged by an employer. would give President Bush ‘‘a full ap- time appointment to the Eleventh Cir- But the Congress never thought at that preciation of the judiciary and judicial cuit where he can impose his radical time what it meant if it involved a selection;’’ in other words, it would activist vision on the many people State. show the president that he needed to whose lives and disputes come before Three percent of the people in Ala- appoint partisan conservatives to the him. I believe the President owes them bama work for the State of Alabama. bench. These are the sentiments of an a nominee who can unite the American He understood, as a skilled constitu- activist and a politician. They are not people. tional lawyer, that the Congress would Mr. President, I believe my time has the considered deliberations that all of have then undertaken, if the law was expired. us, as Republican or Democrat would to be interpreted so that damages The ACTING PRESIDENT pro tem- could be rendered against the State, to expect from an impartial judge. pore. The Senator is correct. On a full slate of issues—the environ- Mr. LEAHY. I suggest the absence of wipe out the doctrine of sovereign im- ment, voting rights, women’s rights, a quorum. munity. That is a doctrine that pro- gay rights, federalism, and more—Wil- The ACTING PRESIDENT pro tem- hibits States from being sued for liam Pryor’s record of activism and ad- pore. The clerk will call the roll. money damages. He said, yes, the em- vocacy is clear. That is his right as an The legislative clerk proceeded to ployee can get the job back, yes, the American citizen, but it does not make call the roll. employee can receive back pay if they him qualified to be a judge. As a judge, Mr. SESSIONS. Mr. President, I ask were discriminated in any way as a re- it is his duty impartially to hear and unanimous consent that the order for sult of that disability, but they cannot, weigh the evidence and to impart just the quorum call be rescinded. in a case against the State of Alabama and fair decisions to all who come be- The ACTING PRESIDENT pro tem- or any State, get money damages before the court. In their hands, we en- pore. Without objection, it is so or- cause that violates the constitutional trust to the judges in our independent dered. principle of sovereign immunity.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6283 He took that to the Supreme Court ther King’s SCLC, as one who has been bru- entirely consistent with his past and won. Nobody in Alabama or any- tally beaten by vicious police officers for record. William Pryor believes in inter- where else who knows anything about participating in civil rights marches and pretation of the law, not rewriting the disabilities would think this rep- demonstrations, as one who has had crosses law according to his own political burned in his yard by the KKK . . . as one resented an action by him to harm the who has lived under constant threats day in views. disabled. It was simply to clarify this and day out because of his [stands] . . . I re- He has an outstanding record on civil important principle as to what power quest your swift confirmation of Bill Pryor rights. Dr. Joe Reed, chairman of the the Congress has under these kinds of to the 11th Circuit because of his constant African-American caucus for Ala- legislation to wipe out the traditional efforts to help the causes of blacks in Ala- bama’s Democratic Conference, said of historic right of a State under sov- bama. Judge Pryor: He ‘‘will uphold the law ereign immunity. Bill Pryor has the support of every without fear or favor. I believe all That is how these issues become con- Democratic official in the State, the races and colors will get a fair shake fused. That is what hurts me about this top African-American leaders, the peo- when their cases come before him.’’ debate process. So often nominees are ple of Alabama. They know him and re- Many other prominent African-Amer- accused of things based on results or spect him to an extraordinary degree. ican leaders have submitted letters of maybe outcome of any one given case, I am pleased to now yield the floor. I support for Judge Pryor praising him and they are said to be against poor see the majority leader is here. for his commitment to upholding civil people or against education or against The PRESIDING OFFICER (Mr. COR- rights and equality for all Americans. the disabled. NYN). The majority leader. It is simple. Those who criticize Judge I will offer for the RECORD an edi- Mr. FRIST. Mr. President, I thank Pryor’s record have not examined it torial from the Mobile Press that to- my distinguished colleague from Ala- with the care and respect that every tally analyzes the complaints and alle- bama for his leadership. I mentioned to nominee’s record deserves. gations that were raised by Senator him yesterday it was just a few weeks His record consistently proves his un- wavering dedication to the protection KENNEDY about fundraising for the At- ago that it was uncertain whether we torney Generals Association. It com- would ever reach this moment—about of individual liberties and his commit- 1 ment to treating all people fairly. pletely refutes those allegations. We 3 ⁄2 weeks ago and I remember the con- Further, those who study his record, had a full look at it. I think everybody versation. We committed to have an as I have, know that Judge Pryor un- who was involved in the Judiciary up-or-down vote, whatever it took. In- derstands and appreciates the obliga- Committee and the staff people who deed, I am delighted to say that in a tion of the judiciary branch to inter- made lots of phone calls found there few moments we will vote up or down pret the law, not to write the law. He was absolutely nothing to show any on William Pryor’s nomination to stated in his hearing before the Judici- wrongdoing. serve on the Eleventh Circuit Court of How do we decide what a good person Appeals. This body will be allowed that ary Committee the following: is or a good nominee is? I do not know. opportunity to give Judge Pryor what I understand my obligation to follow the he deserves, and that is the respect of law, and I have a record of doing it. You You may know them and respect them don’t have to take my word that I will follow personally. You have seen their integ- an up-or-down vote. the law. You can look at my record as Attor- rity and their courage in trying to do He was first nominated to the Fed- ney General and see where I have done it. the right thing daily. What do others eral bench on April 9, 2003, over 2 years It has been over 2 years since the say who may have a different political ago. So it has been a long time coming. President sent William Pryor’s nomi- philosophy? Let me read a letter from That wait is almost over. It will be nation to the Senate. In that time, he Alvin Holmes, a member of the State over in about 6 or 7 minutes. The par- has endured a hearing before the Sen- House of Alabama. tisan charges and obstruction leveled ate Judiciary Committee lasting 4 I see the majority leader here. I will against him are going to be brought to hours where he answered over 185 ques- be willing to yield to him or take a a close. Soon William Pryor will get tions. couple minutes, if he allows me. the fairness and the respect he deserves Judge Pryor answered another 45 The ACTING PRESIDENT pro tem- with that vote. written questions from Senators and pore. The majority leader. Judge Pryor’s experience and submitted over 26 pages in response. Mr. FRIST. Mr. President, we will achievements in the legal profession On two separate occasions, his nomi- start voting about 4. If I can start in a have prepared him well to serve on the nation has been favorably voted out of couple minutes, that will be good. Federal bench. He graduated magna the Judiciary Committee, consuming Mr. SESSIONS. Mr. President, I will cum laude from Tulane University another 4 hours of debate. state what Representative Alvin School of Law where he served as edi- Two times his nomination has come Holmes said. He is an African Amer- tor in chief of the Law Review. to the Senate floor for a cloture vote, ican. He starts off saying: He began his legal career as a law and twice the motion to invoke cloture Please accept this as my full support and clerk for a legendary civil rights advo- failed because of partisan obstruction. endorsement of Alabama’s Attorney General cate, the late Judge John Minor Wis- But that day is over. During the last Bill Pryor to the United States Court of Ap- dom of the U.S. Court of Appeals for 2 days, we have continued to debate the peals for the 11th Circuit. the Fifth Circuit. nomination of Judge Pryor, and now it I am a black member of the Alabama While practicing law at two of Ala- is time to give him that long overdue House of Representatives having serving for bama’s most prestigious firms, Judge vote. With the confirmation of Justice 28 years. During my service . . . I have led Pryor also taught several years as ad- most of the fights for civil rights of blacks, Owen and Justice Brown, and the up- women, lesbians and gays and other minori- junct professor at Samford University’s coming vote on Judge Pryor, the Sen- ties. Cumberland School of Law. ate does continue to make good He lists seven different points where Later he served as deputy attorney progress, placing principle before par- Attorney General Bill Pryor has stood general and then attorney general of tisan politics and results before rhet- up for minority rights and African- Alabama. As attorney general, he was oric. American rights in the State, including overwhelmingly reelected by the peo- I hope and I know we will continue a mentor program where he for 3 years ple of Alabama in 2002. working together. As the debate on ju- Two years later, President Bush, in worked every week reading as a tutor dicial nominees has shown, we can dis- 2004, recess appointed Judge Pryor to to Black children. agree on whether individual nominees He goes on to note a number of the Eleventh Circuit. During this time, deserve confirmation, but we can all points. He finally concludes this way: Judge Pryor has served with distinc- agree on the principle that each nomi- tion. While on the appellate bench, nee deserves a fair up-or-down vote. Finally, as one of the key civil rights lead- many of Judge Pryor’s opinions have ers in Alabama who has participated in basi- I urge my colleagues to join me in cally every major civil rights demonstration been supported by judges appointed by supporting the confirmation of Judge in America, who has been arrested for civil both Democrats and Republicans. William H. Pryor. rights causes on many occasions, as one who But this should not come as a sur- Mr. President, I ask for the yeas and was a field staff member of Dr. Martin Lu- prise. His rulings as a Federal judge are nays.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6284 CONGRESSIONAL RECORD — SENATE June 9, 2005 The PRESIDING OFFICER. Is there a cuit Judge for the Sixth Circuit, and partisan and inclusive manner on judi- sufficient second? David W. McKeague, of Michigan, to be cial nominations. I look forward to There appears to be a sufficient sec- United States Circuit Judge for the working with the White House on any ond. Sixth Circuit. future Michigan nominees since it is Under the previous order, the hour of The PRESIDING OFFICER. Who absolutely critical we work together in 4 o’clock having arrived, the question yields time? The Senator from Michi- filling these positions. is, Will the Senate advise and consent gan. I yield the floor. to the nomination of William H. Pryor, Ms. STABENOW. Mr. President, I The PRESIDING OFFICER (Mr. Jr., of Alabama, to be United States rise this afternoon in support of the CHAFEE). The Senator from Michigan. Circuit Judge for the Eleventh Circuit? nominations of Judge David McKeague Mr. LEVIN. Mr. President, I am sup- The clerk will call the roll. and Judge Richard Griffin to the Sixth porting the two nominations before the The legislative clerk called the roll. Circuit Court. Senate. EVIN Mr. MCCONNELL. The following Sen- For some time now, Senator L With today’s confirmation of William ator was necessarily absent: the Sen- and I have been proposing the Senate Pryor, 211 of 218 of President Bush’s ju- move forward on these nominees as ator from Alaska (Ms. MURKOWSKI). dicial nominees have been confirmed. Mr. DURBIN. I announce that the part of a good-faith effort for us to be After Richard Griffin’s and David working together in a bipartisan way Senator from Vermont (Mr. JEFFORDS) McKeague’s upcoming confirmation, is necessarily absent. in the Senate. I am pleased we are now 213 of 218 of President Bush’s nominees The PRESIDING OFFICER (Mr. to vote on the nomination of Judge will have been confirmed. What a con- Griffin and Judge McKeague as a result CHAFEE). Are there any other Senators trast to the way that President Clin- of the bipartisan agreement to move in the Chamber desiring to vote? ton’s nominees were treated. More forward and stop what was called the The result was announced—yeas 53, than 60 of President Clinton’s nominees nuclear option, which would have nays 45, as follows: never received a vote in the Judiciary eliminated the checks and balances in [Rollcall Vote No. 133 Ex.] Committee. In the battles over judicial the Senate. It is my hope this bipar- nominations that have consumed this YEAS—53 tisan agreement will help restore com- body in recent years, the way those Alexander Dole McConnell ity and civility in our very important nominees were treated stands out as Allard Domenici Nelson (NE) Chamber. uniquely unfair. Even then-White Allen Ensign Roberts I will say a few words about these Bennett Enzi Salazar House Counsel Alberto Gonzales ac- Bond Frist Santorum two nominees. Judge Richard Griffin is knowledged that treatment of Presi- Brownback Graham Sessions a lifelong resident of Michigan. He dent Clinton’s nominees was ‘‘inexcus- Bunning Grassley Shelby would be the first nominee to the Sixth Burns Gregg Smith able.’’ Burr Hagel Circuit from Traverse City, MI. He has Specter For the last 4 years of the Clinton Chambliss Hatch had a distinguished career both as an Stevens Presidency, there were Michigan va- Coburn Hutchison Sununu attorney and as a State appeals judge. cancies on the Sixth Circuit court. The Cochran Inhofe He has served on the Michigan Court of Coleman Isakson Talent Republican majority refused to hold Cornyn Kyl Thomas Appeals for over 16 years and has been hearings in the Judiciary Committee Craig Lott Thune rated as ‘‘well-qualified’’ by the Amer- on Clinton nominations for those va- Crapo Lugar Vitter ican Bar Association. Voinovich cancies. Indeed, one of those nominees DeMint Martinez Judge David McKeague is also a life- DeWine McCain Warner long resident of Michigan. He would be waited longer for a hearing in the Sen- NAYS—45 the first nominee from my home of ate Judiciary Committee than any nominee in American history had—a Akaka Dodd Lieberman Lansing, MI, to the Sixth Circuit. Baucus Dorgan Lincoln Judge McKeague has also had a distin- hearing she ultimately never received. Bayh Durbin Mikulski Her nomination was held up for some guished career as an attorney, a law Biden Feingold Murray time by former Senator Spencer Abra- Bingaman Feinstein Nelson (FL) professor, and a Federal judge. He Boxer Harkin Obama served on the U.S. District Court for ham in an attempt to secure the nomi- Byrd Inouye Pryor nation of his preferred candidate to a Cantwell Johnson Reed the Western District of Michigan for over 12 years and has been rated ‘‘well- second position. Then, the seats were Carper Kennedy Reid kept vacant because the majority Chafee Kerry Rockefeller qualified’’ by the American Bar Asso- Clinton Kohl Sarbanes ciation. hoped that a Republican would be Collins Landrieu Schumer I urge my colleagues to join me and elected President and would put for- Conrad Lautenberg Snowe ward his nominees for those vacancies. Corzine Leahy Stabenow Senator LEVIN in supporting the nomi- Dayton Levin Wyden nation of Judge Griffin and Judge When President Bush came to office, he not only filled positions which should NOT VOTING—2 McKeague. It is important for us to move forward. have been filled by nominees of Presi- Jeffords Murkowski I hope confirming the Sixth Circuit dent Clinton, his nominees were al- The nomination was confirmed. nominees before the Senate will help lowed to go forward even over the ob- The PRESIDING OFFICER (Mr. restore comity and civility to the judi- jections of their home state senators. CHAFEE). The President will be imme- cial nominations process. We have a Today, we will confirm two of Presi- diately notified of the Senate’s action. constitutional obligation to advise and dent Bush’s Michigan nominees to the f consent on Federal judicial nominees. Sixth Circuit Court. They should be This is a responsibility I take ex- confirmed and I will vote for them. In NOMINATION OF RICHARD A. GRIF- tremely seriously, as I know my col- deciding to move on, we should not ex- FIN TO BE UNITED STATES CIR- leagues do on both sides of the aisle. cuse the treatment of President Clin- CUIT JUDGE FOR THE SIXTH These are not decisions that will affect ton’s nominees or the refusal of Presi- CIRCUIT our courts for three or four years, but dent Bush to adopt a bipartisan solu- for 30 or 40 years, making it even more tion to the acknowledged wrong. A important for the Senate not to act as brief history of the Michigan vacancies NOMINATION OF DAVID W. a rubberstamp. on the Sixth Circuit will also hopefully MCKEAGUE TO BE UNITED This is the third branch of govern- prevent a recurrence of the tactic STATES CIRCUIT JUDGE FOR ment and it is important we move for- which was used against Clinton nomi- THE SIXTH CIRCUIT ward in a positive way and be able to nees—denial of a hearing in the Judici- The PRESIDING OFFICER. The work with the White House on nomi- ary Committee, year after year—not clerk will report the next two nomina- nees who will reflect balance and re- just in the last year of a presidential tions en bloc. flect a mainstream approach for our term but in the years before the last The assistant legislative clerk read independent judiciary. year of a presidential term. the nominations of Richard A. Griffin, I hope the White House will begin Michigan Court of Appeals Judge He- of Michigan, to be United States Cir- working with the Senate in a more bi- lene White was nominated to fill a

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6285 Sixth Circuit vacancy on January 7, On May 2, 2000, I sent a note to Chair- tration might consider a bipartisan ap- 1997. Some months later, Senator man HATCH, but neither Judge White’s proach and believed that simply mov- LEAHY, as ranking member of the Judi- nor Ms. Lewis’s nominations were ing forward with Bush nominees would ciary Committee, came to this floor to placed on the Committee’s hearing mean the unfair tactic used against the urge that the Committee act on her agenda. Over the next several months, Clinton nominees would succeed. nomination. This would be the first of Senator LEAHY went to the floor ten The number of Michigan vacancies on at least sixteen statements on the Sen- more times to urge action on the the federal courts provided an unusual ate floor by Senator LEAHY regarding Michigan nominees. I also raised the opportunity for bipartisan compromise. the Sixth Circuit nominations over a 4 issue on the Senate floor on several oc- In an effort to achieve a fair resolution year period. casions. of the mistreatment of President Clin- A year and a half after Judge White In the fall of 2000, in a final attempt ton’s Michigan nominees, Senator STA- was nominated—Senator LEAHY came to move the nominations of the two BENOW and I proposed a bipartisan com- to the floor and said: ‘‘At each step of Michigan nominees, I met with Major- mission to recommend nominees to the the process, judicial nominations are ity Leader LOTT to discuss the situa- President for two of the then-four open being delayed and stalled.’’ His plea tion. On September 12, I sent him a let- Michigan Sixth Circuit positions. Simi- was again ignored and the 105th Con- ter saying ‘‘the nominees from Michi- lar commissions have successfully been gress ended without a hearing for gan are women of integrity and fair- used in other states. Such a commis- Judge White. ness. They have been stalled in this sion would not guarantee the rec- On January 26, 1999, President Clin- Senate for an unconscionable amount ommendation of any particular indi- ton again submitted Judge White’s of time without any stated reason.’’ vidual, much less the nomination of nomination. That day, I urged both Neither the meeting with Senator LOTT any particular individual, since the Senator Abraham and Chairman HATCH nor the letter prompted the Judiciary nomination decision is the President’s to recognize that fundamental fairness Committee to act on the nominations, alone. That proposal was rejected. The dictated that she receive an early hear- and the 106th Congress ended without administration rejected another pro- ing in the 106th Congress, having re- hearings for either woman. posal to resolve the matter suggested ceived no hearing in the 105th. By this point, Judge White’s nomina- by Senator LEAHY and endorsed by On March 1, 1999, a second Michigan tion had been pending for nearly 4 then-Republican Governor John vacancy on the Sixth Circuit opened years—the longest period of time that Engler. up. The next day, Senator LEAHY re- any circuit court nominee had waited In the hopes of stimulating a bipar- turned to the floor, reiterated that for a hearing in the history of the tisan response, Senator STABENOW and nominations were being stalled by the United States Senate. Ms. Lewis’s I returned negative blue slips on Presi- majority. nomination had been pending for about dent Bush’s nominees. Despite past The reason that the majority in the a year and a half. practice of not proceeding in the face Judiciary Committee did not hold a The experience of Kent Markus of of negative blue slips from home state hearing on Judge White was because of Ohio will shed some light on these Senators, the Judiciary Committee Senator Abraham’s opposition, based events. Professor Markus was nomi- held hearings on the nominees. on his effort to obtain the nomination nated by President Clinton in February In 1999, Chairman HATCH had stated, of Jerry Rosen, a district court judge of 2000, to fill an Ohio vacancy on the with respect to the Clinton nomination in the Eastern District of Michigan, to sixth Circuit. Both home state senators of Judge Ronnie White, ‘‘had both the second Michigan opening on the indicated their approval of his nomina- home-State Senators been opposed to Sixth Circuit. President Clinton, how- tion. Nevertheless, he was not granted Judge (Ronnie) White in committee, ever, in September of 1999, decided to a Judiciary Committee hearing. In his [he] would never have come to the floor nominate Kathleen McCree Lewis to testimony before the Judiciary Com- under our rules, [and] that would be that seat. mittee, Professor Markus recollected true whether they are Democrat Sen- Soon thereafter, I spoke with Sen- the events: ators or Republican Senators. That has ator Abraham about the Lewis and ‘‘. . . To their credit, Senator DeWine and just been the way the Judiciary Com- White nominations, Senator LEAHY his staff and Senator Hatch’s staff and oth- mittee has operated . . .’’ again urged the Committee to act, call- ers close to him were straight with me. Over During the entire Clinton Presi- ing the treatment of judicial nominees and over again they told me two things: (1) There will be no more confirmations to dency, it is my understanding that not ‘‘unconscionable.’’ the 6th Circuit during the Clinton Adminis- a single judicial nominee got a Judici- On November 18, 1999, I again urged tration, and ary Committee hearing if there was op- Senator Abraham and Chairman HATCH (2) This has nothing to do with you; don’t position by one home-state Senator, let to proceed with hearings for the two take it personally—it doesn’t matter who alone two. In our case, both home-state Michigan nominees. At that time I the nominee is, what credentials they may Senators opposed proceeding with noted that Judge White had been wait- have or what support they may have. President Bush’s Michigan judicial ing for nearly 3 years and that the con- And Professor Markus continued: nominees absent a bipartisan approach, firmation of the two women was ‘‘es- ‘‘. . . On one occasion, Senator DeWine told but the Committee held hearings any- sential for fundamental fairness.’’ 1999 me ‘‘This is bigger than you and it’s bigger way. ended without Judiciary Committee than me.’’ Senator Kohl, who had kindly So, the unreturned blue slips of one hearings. agreed to champion my nomination within the Judiciary Committee, encountered a Republican Senator was enough to In February of 2000 Senator LEAHY similar brick wall . . . The fact was, a deci- block Judiciary Committee consider- spoke again on the Senate floor about sion had been made to hold the vacancies ation of two nominees by a Democratic the multiple vacancies on the Sixth and see who won the presidential election. President. But despite negative blue Circuit. Less than two weeks later, I With a Bush win, all those seats could go to slips of both home State Democratic again made a personal plea to Senator Bush rather than Clinton nominees. Senators, hearings were held for Sixth Abraham and Chairman HATCH to grant The logic of it was quite straight- Circuit nominations of President Bush. a hearing to the Michigan nominees. forward, and unfair. That is inconsistent and unfair. On March 20, 2000, the chief judge of Senator STABENOW and I are not Mr. President, each of us who was the Sixth Circuit sent a letter to Chair- alone in our view that what occurred here during that time knows what hap- man HATCH expressing concerns about with respect to the Michigan nominees pened to President Clinton’s Michigan a reported statement from a member of was fundamentally unfair. As I said, nominees to the Sixth Circuit was un- the Judiciary Committee that ‘‘due to even Judge Gonzales, then-White House fair. Senator HATCH said it accurately, partisan considerations’’ there would Counsel, has acknowledged that the and I give him credit for putting it just be no more hearings or votes on vacan- treatment of some nominees during the this way when, in July of 2004, he said cies for the Sixth Circuit Court of Ap- Clinton administration was ‘‘inexcus- the following: peals during the Clinton administra- able.’’ The two senators from Michigan have been tion. His concern would turn out to be Given that belief, Senator STABENOW very upset and if I’d put myself in their well founded. and I had hoped that the Bush adminis- shoes I’d feel the same way.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6286 CONGRESSIONAL RECORD — SENATE June 9, 2005 Well, it is time, however, to move on. Judge Griffin has engaged in numer- peals for the Sixth Circuit. The Amer- And we support moving on with these ous noteworthy activities. In addition ican Bar Association has rated Judge two nominations and hope that in to his duties on the Michigan Court of McKeague as unanimously ‘‘well-quali- doing so, it might produce some bipar- Appeals, Judge Griffin also devotes a fied’’ for appointment to the Sixth Cir- tisanship and compromise. But biparti- significant amount of time to volun- cuit. sanship cannot just be a one-way teer activities. Judge Griffin has served Judge McKeague is an active member street. It requires reciprocity. as president of the Grant Traverse Zoo- of the community and several profes- In closing, I thank the many Sen- logical Society since 1987. He also has sional associations. Judge McKeague ators who worked for a bipartisan ap- served as chief judge of the YMCA has been active as a member of several proach to the Michigan nominees. In Youth in Government Mock Trial Pro- community, local, and professional or- particular, I thank Senator HARRY gram since 1997. ganizations, including the Judicial REID, who, like Senator Daschle before Judge Griffin has widespread support. Conference of the United States, the him, got personally involved and tried Gerald Ford, 38th President of the Federal Judicial Center, the Michigan to achieve a compromise. I thank Sen- United States, said: State and Ingham County bar associa- ator LEAHY for his extraordinary ef- I can say with conviction that Judge Grif- tions. Both while in private practice forts over the many years. I cannot tell fin is a person of the highest quality char- and while on the Federal bench, Judge you how many times he came to the acter. As the record shows, he has been a McKeague has directed and partici- Senate floor to make a statement. I very excellent Judge with unquestioned in- pated in numerous seminars, moot tegrity. thank him for his efforts personally to Maura D. Corrigan, chief justice, court competitions, and trial advocacy try to resolve this matter. I also thank Michigan Supreme Court, said: programs at high schools, universities Senator SPECTER, who has recently Judge Griffin brings a depth of practical and law schools throughout Michigan. provided some bipartisan suggestions experience and a grasp of real life problems Prior to his confirmation to the Fed- to the White House. to the decisions of cases . . . Richard Allen eral bench, he served 6 years in the With that, Mr. President, I thank the Griffin is a man of integrity and probity who U.S. Army Reserve. Since 1998, he has Chair and yield the floor. is fully capable of discharging the duty of also served as an adjunct professor of I suggest the absence of a quorum. protecting our Constitution and laws. He is law at Michigan State University’s De- The PRESIDING OFFICER (Mr. COR- deserving of the public trust as he has al- troit College of Law, where he teaches NYN). The clerk will call the roll. ready proven himself worthy of that trust Federal Jurisdiction and Trial Advo- The assistant legislative clerk pro- during his years of service to the State of cacy. Michigan. ceeded to call the roll. Judge McKeague has the support of Mr. FRIST. Mr. President, I ask William C. Whitbeck, chief judge, many attorneys and peers in Michigan, unanimous consent that the order for Michigan Court of Appeals, said: including several Democrats. the quorum call be rescinded. [T]here is no question that the United John H. Logie, attorney and Mayor of The PRESIDING OFFICER. Without States Senate should promptly confirm Grand Rapids, said: objection, it is so ordered. Judge Griffin for the position on the Sixth Mr. SPECTER. Mr. President, Presi- Circuit . . . He is a decisive, scholarly judge What emerged from our mutual experi- dent George W. Bush first nominated with an instinct for the core issues and with ences was a deep admiration for Judge Judge Richard Allen Griffin to the a flair for authoring crisp, understandable McKeague’s concerns both with the processes of the court and with their impact on people. Sixth Circuit on June 26, 2002. opinions. Stephen L. Borrello, judge, Michigan If these are matters that we want out appel- During the 108th Congress, on June late judges to have in equal measure, then I 16, 2004, the committee held a hearing Court of Appeals, said: can and do assure you that he will be an ex- on the nomination of Judge Griffin. He Judge Griffin possesses a rare trait cellent choice. amongst my colleagues: an intrinsic sense of was successfully voted out of com- Paul D. Borman, U.S. District Judge mittee on July 20, 2004. justice. His innate fairness is combined with a rigorous work ethic and a thorough grasp for the Eastern District of Michigan, Judge Griffin is a judge of the Michi- said: gan Court of Appeals currently serving of legal issues. Judge Griffin is one of the finest jurists in this State. I have known Judge McKeague for seven his 16th year on the court. years and I can vouch for his intelligence, Judge Griffin is an outstanding and Mr. President, Judge David McKeague was originally nominated by hard work, and commitment to equal protec- highly qualified candidate. tion under the law. After graduating magna cum laude President George W. Bush on November Randall S. Levine, attorney and life- from Western Michigan University 8, 2001, and was renominated by the long Democrat, said: Honors College, Judge Griffin received President on February 14, 2005. He re- his juris doctor from the University of ceived a hearing on June 16, 2004, and Judge McKeague is extremely intelligence, was voted out of the Judiciary Com- possesses a sharp wit and keen intellect . . . Michigan Law School in 1977. His integrity is beyond reproach. Upon graduating from law school, mittee on July 20, 2004. Judge Griffin clerked for the Honorable Judge McKeague is extremely well Mr. LEAHY. Mr. President, as we de- Washtenaw Circuit Judge Ross W. qualified to sit on the Court of Appeals bate the nominations of Richard Grif- Campbell. He then became an associate for the Sixth Circuit. Judge McKeague fin and David McKeague to the Sixth and eventual partner at Coulter has a B.A. from the University of Circuit Court of Appeals, and move on Cunningham, Davison & Read. Michigan and a J.D. from the Univer- to their almost certain confirmation, I In 1985, Judge Griffin started his own sity of Michigan Law School. Upon his believe we must acknowledge the co- firm, Read & Griffin, where he prac- graduation from law school, he joined operation and statesmanship of the two ticed a broad range of litigation, in- the law firm of Foster, Swift, Collins & Senators from Michigan who have com- cluding automobile negligence, prem- Smith, P.C., in Lansing, MI, and was promised a great deal in order to con- ises liability, products liability, and elected a shareholder and director of tribute to the preservation of the rules employment law. Judge Griffin en- the firm. Judge McKeague served on and traditions of the Senate. Senator gaged in both plaintiff and defense per- the firm’s Executive Committee in var- LEVIN and Senator STABENOW have sonal injury litigation. ious offices, and was chairman of the spent much of the last 4 years trying to During this time, Judge Griffin also firm’s Government and Commerce De- persuade the President to fulfill his provided pro bono legal services as a partment, for many years before his constitutional duty and consult with volunteer counselor and attorney with confirmation to the Federal bench in them on his Michigan appointments, to the Third Level Crisis Clinic. 1992. no avail. Because of that lack of co- In 1989, Judge Griffin successfully ran Since February 1992, Judge operation, combined with the shameful for the Michigan Court of Appeals. He McKeague has served as a judge on the treatment given to President Clinton’s was reelected to retain his seat in 1996, U.S. District Court for the Western nominees, the Michigan Senators exer- and again in 2002. District of Michigan. Judge McKeague cised their right as home State Sen- The American Bar Association rated has regularly participated by designa- ators to withhold their consent to the Judge Griffin ‘‘Well-Qualified’’ for ap- tion on, and authorized appellate opin- nominations of candidates chosen with- pointment to the Sixth Circuit. ions for, panels of the U.S. Court of Ap- out consultation to the Sixth Circuit.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6287 The Michigan Senators had the supposed reasonable solutions, including a of Senator BOXER. When the senior port of other Senators. Nonetheless, bipartisan commission, but the White Senator from California announced her the Michigan Senators, with grace and House rejected every one. opposition to the nomination as well at dedication to this institution, with- Although President Bush promised the beginning of a Judiciary Com- drew their opposition to three of those on the campaign trail to be a uniter mittee business meeting, I suggested to nominees as part of the discussions re- and not a divider, his practice once in the chairman that further proceedings lated to averting the nuclear option. office with respect to judicial nominees on that nomination ought to be care- Because of their willingness to go for- has been most divisive. Citing the re- fully considered. I noted that he had ward, we are here today debating and marks of a White House official, The never proceeded on a nomination op- voting upon the confirmation of two Lansing State Journal reported that posed by both home State Senators nominees to the Sixth Circuit despite a President Bush was simply not inter- once their opposition was known. Sen- lack of consultation by President Bush ested in compromise on the existing ator FEINSTEIN likewise reminded the and a complete disregard for the his- vacancies in the State of Michigan. It then-chairman of his statements in tory of this court. is unfortunate that the White House connection with the nomination of First, it is essential to explain what was never willing to work toward con- Ronnie White when he acknowledged a significant break with precedent it sensus with all Senators and on all that had he known both home Sstate was that these two nominees were even courts. Over the last 4 years, time and Senators were opposed, he would never given a hearing in the last Congress again the good faith efforts of Senate have proceeded. Nonetheless, in one in without the support of either of their Democrats to repair the damage done a continuing series of changes of prac- home State Senators. The scheduling to the judicial confirmation process tice and position, the committee was of that hearing was another example of over the previous six years were re- required to proceed with the Kuhl nom- the downward spiral the committee jected. And time and again, the rules ination. A party-line vote was the re- traveled over the last 2 years, when we were thrown by the wayside. sult. witnessed rule after rule broken or When Republicans chaired the Judici- With the Saad nomination, the com- misinterpreted away. ary Committee and we were consid- mittee made a further profound change The list is long. From the way that ering the nominations of a Democratic in its practices. When a Democratic home State Senators were treated to President, one negative blue slip from President was doing the nominating the way hearings were scheduled, to just one home State Senator was and Republican Senators were object- the way the committee questionnaire enough to doom a nomination and pre- ing, a single objection from a single was altered, to the way our commit- vent a hearing on that nomination. home State Senator stalled the nomi- tee’s historic protection of the minor- This included all nominations, includ- nation. There was not a single example ity by committee rule IV was violated; ing those to the circuit courts. How of a single time that the committee the Republican leadership on the com- else to explain the failure to schedule went forward with a hearing over the mittee last Congress destroyed vir- hearings for such qualified and non- objection or negative blue slip of a sin- tually every custom and courtesy that controversial nominees as James Beaty gle Republican home State Senator had been available to help create and and James Wynn, African-American during the Clinton administration. But enforce cooperation and civility in the nominees from North Carolina? What once a Republican President was doing confirmation process. other reason could plausibly be found the nominating, no amount of object- The then-chairman of the committee for what happened to the nominations ing by Democratic Senators was suffi- crossed a critical line that he had of Enrique Moreno and Jorge Rangel— cient. The committee overrode the ob- never before crossed when in June of both Latino, both Harvard graduates, jection of one home State Senator with 2003, he held a hearing for Henry Saad, both highly rated by the ABA, and both the Kuhl nomination. The committee another of the Michigan nominees to denied hearings in the Judiciary Com- overrode the objection of both home the Sixth Circuit, opposed by both of mittee? There is no denying that was State Senators when a hearing and a his home State Senators. It may have the rule during the previous Demo- vote was held on the Saad nomination, been the first time any chairman and cratic administration. There is no way and once more by holding a hearing any Senate Judiciary Committee pro- around the conclusion that with a Re- and vote for the two circuit court ceeded with a hearing on a judicial publican in the White House, the Re- nominees we are discussing today. nominee over the objection of both publicans in the Senate have found it I know it is frustrating that there home State Senators. It was certainly politically expedient to change the have been unfilled vacancies on the the only time in the last 50 years, and rules and reverse their own practices Sixth Circuit for so long. Many of us I know it to be the only time during time and again. experienced worse frustration during my 31 years in the Senate. In all, more than 60 of President Clin- the Clinton years when good nominees Having broken a longstanding prac- ton’s judicial nominees and more than were held up for no discernable rea- tice of the Judiciary Committee found- 200 of his executive branch nominees son—other than politics. During Presi- ed on respect for home State Senators, were defeated in Senate committees dent Clinton’s second term, the Repub- whether in the case of a district or cir- through the enforcement of rules and lican Senate majority shut down the cuit court nominee, the committee’s precedents that the Republican major- process of confirmations to the Sixth leadership did not hesitate to break it ity later found inconvenient—now that Circuit entirely, and three outstanding again and hold a hearing for Richard there is a Republican in the White nominees were not accorded hearings, Griffin and David McKeague. House. Indeed, among the more than 60 committee consideration or Senate The Michigan Senators did not do Clinton judicial nominees who the votes. In fact, while there were num- what so many other Senators did when committee never considered there were bers of vacancies on the Sixth Circuit holding up more than 60 of President more than a few who were blocked de- and nominees for those vacancies, from Clinton’s nominees, and block them si- spite positive blue slips from both November of 1997 there was not a con- lently. To the contrary, they came to home State Senators. So long as a Re- firmation to that court until the con- the committee and articulated their publican Senator had an objection, it firmation of Julia Smith Gibbons while very real grievances with the White appeared to be honored, whether that I was chairman on July 29, 2002, a span House and their honest desire to work was Senator Helms of North Carolina of nearly 5 years. Not a single Sixth towards a bipartisan solution to the objecting to an African-American Circuit nominee was even given a hear- problems filling vacancies in the Sixth nominee from Virginia or Senator Gor- ing during Republican control of the Circuit. We should have respected their ton of Washington objecting to nomi- 106th Congress, and one of the nomi- views, as the views of home State Sen- nees from California. nees, Kent Marcus from Ohio, testified ators have been respected for decades. I During the last Congress, the Judici- at a Judiciary subcommittee hearing urged the White House to work with ary Committee also took the unprece- in 2002 that he was told that he would them. I proposed reasonable solutions dented action of proceeding to a hear- not be confirmed despite public support to the impasse that the White House ing on the nomination of Carolyn Kuhl from his home State Senators. Repub- rejected. The Michigan Senators pro- to the Ninth Circuit over the objection licans wanted to keep the vacancies in

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6288 CONGRESSIONAL RECORD — SENATE June 9, 2005 case a Republican was elected Presi- joined in voting her out the same day, rible moment in the United States Sen- dent. May 2. She did not get an immediate ate when the majority leader would When I chaired the committee, we floor vote due to a dispute between the break the rules to change the rules in broke that impasse with the first Sixth White House and Senators over com- order to achieve the President’s goal of Circuit confirmation in those many missions, but she was ultimately con- packing the courts. They understood years. I scheduled a hearing and a vote firmed on July 29, 2002. the extreme tactics of the Republican for Julia Smith Gibbons of Tennessee, The Sixth Circuit issued its decision majority. I applaud their sacrifice, and who was confirmed shortly thereafter, in the Michigan affirmative action case hope that the President was listening and I did the same for John Rogers of on May 14, 2002, which means the to the 14 other Senators who expressly Kentucky, who was confirmed in No- judges were already working on the asked him in their memorandum of un- vember of 2002. majority and dissenting opinions for derstanding on nominations to engage I know that around the time a Re- weeks, likely even months, given the in real consultation with home State publican leadership staffer was found complexity of the case. The Supreme Senators. That is sound advice. to have stolen confidential Democratic Court, where I think we all knew the In deference to the Michigan Sen- files there were outrageous accusations issue would finally be decided, accepted ators, I will no longer oppose these made that Judge Gibbons’ confirma- the appeal of the affirmative action de- confirmations. Still, there are issues tion was delayed to affect a pending af- cision later that year and issued its related to their records and views that firmative action case in some way. I ruling on June 23, 2003. trouble me. I hope that they will be have never considered the outcome of To say that Democrats used their able to put any ideologies or pre- any particular case when scheduling power to influence the Sixth Circuit in conceptions aside and rule fairly in all that or any other nominee for a hear- any case is demonstrably false. What is cases. ing. factually true is that from the time the As a judge on the Michigan Court of The facts of this nomination belie case against the University of Michi- Appeals since 1989, Judge Griffin has this scurrilous accusation. Judge Gib- gan case was filed in District Court handled and written hundreds of opin- bons was nominated to the Sixth Cir- until the time I facilitated the con- ions involving a range of civil and cuit in October 2001 but did not have a firmation of Judge Gibbons, Repub- criminal law issues. Yet, a review of completed file until November 15, licans had successfully blocked any and Judge Griffin’s cases on the Michigan shortly before the end of the first ses- all appointees to that Circuit. Court of Appeals raises concerns. He sion of the 107th Congress. Before her Even after the 107th Congress, Demo- has not been shy about interjecting his paperwork was complete, the Sixth Cir- crats continued to cooperate in filling own personal views into some of his cuit panel assigned to the affirmative seats on the Sixth Circuit. Although opinions, indicating that he may use action cases had already circulated a many of us strongly opposed their the opportunity, once confirmed, to request for the full court to hear argu- nominations, we did not block the con- further his own agenda when con- ment, and on November 16, the Sixth firmations of two more controversial fronted with cases of first impression. Circuit ordered that the case to be ar- judges to that court: Deborah Cook and For example, in one troubling case gued to the full court. The oral argu- Jeffrey Sutton. With their confirma- involving the Americans with Disabil- ment in that case took place after tions, that brought us to a total of four ities Act—ADA—Doe v. Mich. Dep’t of Thanksgiving, on December 6. Sixth Circuit confirmations in 3 years Corrections, Judge Griffin followed Given the lateness of her nomination, as opposed to no confirmation in the precedent and allowed the State dis- her paperwork, and the year, Gibbons last 3 years of the Clinton administra- ability claim of disabled prisoners to could not realistically have expected a tion. We cut Sixth Circuit vacancies in proceed, but wrote that, if precedent hearing, a committee vote and a con- half. With cooperation from the White had allowed, he would have dismissed firmation vote to all have taken place House, we could have done even better. those claims. Griffin authored the in the 3 weeks between the time her pa- The Republican Senate majority re- opinion in this class action brought by perwork was complete and the time the fused for over 4 years to consider Presi- current and former prisoners who al- Sixth Circuit sat for the oral argument dent Clinton’s well-qualified nominee, leged that the Michigan Department of in that case and took a poll about the Helene White, to the Sixth Circuit. Corrections denied them certain bene- outcome of that case. The ordinary Judge White has served on the Michi- fits on the basis of their HIV-positive practice is that only the judges who gan Court of Appeals with Judge Grif- status. Although Judge Griffin held are on the court at the time the court fin since 1993, and, prior to her success- that the plaintiffs had stated a claim votes to hear the case ‘‘en banc’’ can ful election to that seat, served for for relief, his opinion makes clear that participate in the case, even if they re- nearly 10 years as a trial judge, han- he only ruled this way because he was tire. It is just unreasonable to contend dling a wide range of civil and criminal bound to follow the precedent estab- that Judge Gibbons could have heard cases. She was first nominated by lished in a recent case decided by his the December 6 argument in that case. President Clinton in January 1997, but Court. Moreover, he went on to urge When we returned for the second ses- the Republican-led Senate refused to Congress to invalidate a unanimous sion of the 107th Congress, I scheduled act on her nomination. She waited in Supreme Court decision, written by several hearings at the request of a vain for 1,454 days for a hearing, before Justice Scalia, holding that the ADA number of different Republican Sen- President Bush withdrew her nomina- applies to State prisoners and prisons. ators. The first circuit court nominee tion in March 2001. It stands in con- He wrote, ‘‘While we follow Yeskey, we to get a hearing was Michael Melloy trast to the recent mantra from Repub- urge Congress to amend the ADA to ex- for the Eighth Circuit at Senator licans that every judicial nominee is clude prisoners from the class of per- GRASSLEY’s request; followed by Judge entitled to an up-or-down vote. sons entitled to protection under the Pickering, who was supported by Sen- President Clinton had also nomi- act.’’ ator LOTT; then Judge D. Brooks nated Kathleen McCree Lewis. She is In other cases, he has also articu- Smith, for the Third Circuit, at Sen- the daughter of a former Solicitor Gen- lated personal preferences that favor a ator SPECTER’s request; then Terrence eral of the United States and a former narrow reading of the law, which would O’Brien, for the Eighth Circuit, at the Sixth Circuit Judge. She was also limit individual rights and protections. request of Senators THOMAS and ENZI; passed over for hearings for years. No For example, in Wohlert Special Prod- and Jeffrey Howard, for the First Cir- effort was made to accord her consider- ucts v. Mich. Employment Security cuit, who was supported by Senator ation in the last 18 months of President Comm’n, he reversed the decision of Bob Smith. Clinton’s term. The Republican double the Michigan Employment Security Once those hearings were completed, standard denied her the treatment they Commission and held that striking em- in the week of April 15, I scheduled a now demand for every Bush nominee. ployees were not entitled to unemploy- hearing for Judge Gibbons. Her hearing Despite the flawed process that ment benefits. The Michigan Supreme was held on April 25. I listed her for a brought us here, the Michigan Senators Court vacated part of Judge Griffin’s committee vote the very next week, understood that in recent weeks we decision, noting that he had inappro- and all of the Democratic Senators found ourselves on the brink of a ter- priately made his own findings of fact

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6289 when ruling that the employees were purchase or lease of transmission lines, he plans to spend his time ‘fishing, ca- not entitled to benefits. This case construction of visitor reception cen- noeing, and photographing the area.’ ’’ raises concerns about Judge Griffin’s ters and onsite research. Comparing Pape’s testimony with that willingness to distort precedent to Judge McKeague also dismissed a of the Lujan plaintiff, who had failed to reach the results he favors. suit brought by the Michigan Natural win standing after he presented general In several other cases, Judge Griffin Resources Commission against the facts about prior visits and an intent has gone out of his way to interject his Manufacturer’s National Bank of De- to visit in the future, Judge McKeague conservative personal views into his troit, finding that the bank was not rejected Pape’s complaint as too specu- opinions. The appeals courts are the liable for the costs of environmental lative, based on the Court’s holding in courts of last resort in over 99 percent cleanup at sites owned by a ‘‘troubled Lujan that: of all federal cases and often decide borrower.’’ This is the case of Kelley ex [Plaintiffs’] profession of an ‘‘intent’’ to re- cases of first impression. If confirmed, rel. Mich. Natural Resources Comm’n v. turn to the places [plaintiffs] had visited be- Judge Griffin will have much greater Tiscornia, 810 F. Supp. 901 (W.D. Mich. fore—where they will, presumably, this time, latitude to be a conservative judicial 1993). The bank took over the property be deprived of the opportunity to observe from Auto Specialties Manufacturing animals of the endangered species—is simply activist. not enough to establish standing . . .. Such It is ironic that Judge Griffin’s fa- Company when it defaulted on its ‘‘some day’’ intention— without any descrip- ther who, as Senator in 1968, launched loans. The Natural Resources Commis- tion of concrete plans, or indeed, even any the first filibuster of a Supreme Court sion argued that the bank should be re- specification of when the some day will be— nominee and blocked the nomination sponsible for taking over the cost of do not support a finding of the ‘‘actual or of Justice Abe Fortas to serve as Chief cleanup because it held the property imminent’’ injury that our cases require. Justice. Despite the deference given in when the toxic spill occurred, but In concluding that ‘‘the allegations those days to the President’s selected Judge McKeague disagreed. contained in plaintiff’s first amended nominee, former Senator Griffin led a In Miron v. Menominee County, 795 F. complaint fail to establish an actual core group of Republican Senators in Supp. 840 (W.D. Mich. 1992), Judge injury because they do not include an derailing President Johnson’s nomina- McKeague rejected the efforts of a cit- allegation that plaintiff has specific tion by filibustering for days. Eventu- izen who lived close to a landfill to re- plans to use the allegedly affected area ally, Justice Fortas withdrew his nomi- quire the Federal Aviation Administra- in the future,’’ Judge McKeague nation. I know that the Republicans tion to enjoin landfill cleanup efforts seemed to ignore completely the de- here have called filibusters of Federal until an environmental impact state- tailed fact description that Pape sub- judges ‘‘unconstitutional’’ and ‘‘un- ment regarding the efforts could be mitted in his amendment complaint. precedented’’, but this nominee’s fa- prepared. The citizen contended that if The judge further asserted that there ther actually set the modern precedent the statement were prepared, the inad- was no causal connection between the for blocking nominees by filibuster on equacies of a State-sponsored cleanup injury and the activity complained of, the Senate floor. would be revealed and appropriate cor- and that, in any case, the alleged in- The second of the two nominees be- rective measures would be undertaken jury was not redressable by the suit. fore us today is David McKeague. His to minimize further environmental On another important topic, that of record raises some concerns, and his contamination and wetlands destruc- the scheme of enforcing the civil and answers to my written questions on tion. Holding that the alleged environ- constitutional rights of institutional- some of these issues did little or noth- mental injuries were ‘‘remote and spec- ized persons, I am concerned about one ing to assuage them. ulative,’’ Judge McKeague denied the of Judge McKeague’s decisions. In 1994, In particular, I am concerned about requested injunctive relief. in United States v. Michigan, 868 F. Judge McKeague’s decisions in a series In Pape v. U.S. Army Corps of Engi- Supp. 890 (W.D. Mi. 1994), he refused to of cases on environmental issues. In neers, 1998 U.S. Dist. LEXIS 9253 (W.D. allow the Department of Justice access Northwoods Wilderness Recovery v. Mich.), Judge McKeague seems to have to Michigan prisons in the course of its United States Forest Serv., 323 F.3d 405 ignored relevant facts in order to pre- investigation into some now notorious (6th Cir. 2003), Judge McKeague would vent citizen enforcement of environ- claims of sexual abuse of women pris- have allowed the U.S. Forest Service to mental protections. Dale Pape, a pri- oners by guards undermines the long- commence a harvesting project that al- vate citizen and wildlife photographer, established system under the Constitu- lowed selective logging and clear-cut- sued the U.S. Corps of Army Engineers tional Rights of Institutionalized Per- ting in areas of Michigan’s upper pe- under the Federal Resource Conserva- sons Act or CRIPA. That act’s inves- ninsula. The appellate court reversed tion and Recovery Act of 1976 (RCRA), tigative and enforcement regime is un- him and found that the Forest Service alleging that the Corps mishandled workable if the Department of Justice had not adhered to a ‘‘statutorily man- hazardous waste in violation of RCRA, is denied access to State prisons to de- dated environmental analysis’’ prior to destroying wildlife in a park near the termine if enough evidence exists to approval of the project, which was site. Despite the Supreme Court’s hold- file suit, and Judge McKeague’s tor- dubbed ‘‘Rolling Thunder.’’ ing in Lujan v. Defenders of Wildlife tured reasoning made it impossible for Sitting by designation on the Sixth that ‘‘the desire to use or observe an the investigation to continue in his Circuit, Judge McKeague joined in an animal species, even for purely esthetic district. opinion that permitted the Tennessee purposes, is undeniably a cognizable in- I know that concern for the rights of Valley Authority—TVA—broadly to interest for purpose of standing,’’ and prisoners who have often committed terpret a clause of the National Envi- even though RCRA specifically con- horrendous criminal acts is not politi- ronmental Policy Act in a way that ferred the right for citizen suits cally popular, but Congress enacted the would allow the TVA to conduct large- against the government for failure to law and expected its statute and its scale timber harvesting operations implement orders or to protect the en- clear intent to be followed. It seems to without performing site-specific envi- vironment or health and safety, Judge me that Judge McKeague disregarded ronmental assessments. This is the McKeague dismissed the case, holding legislative history and the clear intent case of Help Alert Western Ky., Inc. v. that plaintiff lacked standing to sue. of the law, and that sort of judging is Tenn. Valley Authority, 1999 U.S. App. Judge McKeague found plaintiff’s of concern to me. LEXIS 23759 (6th Cir. 1999). The major- complaint insufficient on several Finally, I must express my profound ity decision in this case permitted the grounds, in particular plaintiff’s inabil- disappointment in his answer to a TVA to determine that logging oper- ity to establish which site specifically question I sent him about a presen- ations that covered 2,147 acres of land he would visit in the future. Plaintiff tation he made in the Fall of 2000, were ‘‘minor,’’ and thus fell under a had stated in his complaint that he when he made what I judged to be inap- categorical exclusion to the environ- ‘‘has visited the ‘area around’ the propriate and insensitive comments mental impact statement requirement. RACO site ‘at least five times per year’ about the health and well-being of sit- The dissent in this case noted that the and that he has made plans to vacation ting Supreme Court Justices. In a exclusion in the past had applied only in ‘Soldiers Park’ located ‘near’ the speech to a law school audience about to truly ‘‘minor’’ activities, such as the RACO site in early October 1998, where the impact of the 2000 elections on the

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6290 CONGRESSIONAL RECORD — SENATE June 9, 2005 courts, Judge McKeague discussed the the Federal circuit courts was 10.5 Senators do not get to pick circuit possibility of vacancies on the Court months. But in the Sixth Circuit, it court judges in Republican administra- over the following year. In doing so he took almost 17 months to decide an ap- tions. felt it necessary to not only refer to— peal. For your average litigant, that Article II, section 2 of the Constitu- but to make a chart of—the Justices’ means in other circuits, if you file your tion clearly provides that the Presi- particular health problems, and ghoul- appeal at the beginning of the year, dent, and the President alone, nomi- ishly focus on their life expectancy by you get your decision around Hal- nates judges. It then adds that the Sen- highlighting their ages. He says he loween. But in the Sixth Circuit, if you ate is to provide its advice and consent does not believe he was disrespectful, file your appeal at the same time, you to the nominations that the President and used only public information. get your decision after the following has made. By tradition, the President There were other, better ways he could Memorial Day—over a half year later. may consult with Senators. But the have made the same point, and it is too Mr. President, you know the old say- tradition of ‘‘consultation’’ does not bad he still cannot see that. ing that ‘‘justice delayed is justice de- transform individual Senators into co- Under our Constitution, the Senate nied.’’ Well, the thirty million resi- presidents. We have elections for that, has an important role in the selection dents of the Sixth Circuit have been de- and President Bush has won the last of our judiciary. The brilliant design of nied justice due to the continued ob- two. our Founders established that the first struction of Michigan nominees by my Fortunately, it appears our friends two branches of Government would Democrat colleagues. What is the rea- from Michigan have reconsidered their work together to equip the third son for this sorry state of affairs? An position. As a result, two fine jurists, branch to serve as an independent arbi- intra-delegation spat in the Michigan Judge Richard Griffin and Judge David ter of justice. As columnist George Will delegation from years ago—when a McKeague, will get up or down votes, once wrote: ‘‘A proper constitution dis- quarter of the current Senate was not and will be confirmed to the Sixth Cir- cuit Court of Appeals. All residents of tributes power among legislative, exec- even here. Nor, I might add, was the the Sixth Circuit will benefit from utive and judicial institutions so that current President around either. This their service on that court. We should the will of the majority can be meas- dispute has dragged on year after year. all be thankful for that. ured, expressed in policy and, for the I do not know who started it. Mr. FRIST. Mr. President, before the My colleagues from Michigan cite protection of minorities, somewhat recess, the Senate confirmed Priscilla Clinton nominees to the Sixth Circuit limited.’’ The structure of our Con- Owen to the Fifth Circuit Court of Ap- stitution and our own Senate rules of who did not receive hearings. Other peals. Yesterday, we confirmed Janice self-governance are designed to protect people note that our colleagues from Rogers Brown to the DC Circuit. And minority rights and to encourage con- Michigan do not have a monopoly on earlier today, William Pryor was consensus. Despite the razor-thin margin disappointment. They point to Michi- firmed to serve on the Eleventh Circuit of recent elections, the majority party gan nominees from President George Court of Apeals. has never acted in a measured way but Herbert Walker Bush, such as Henry All three of these judges had been in complete disregard for the traditions Saad and John Smietanka, who did not waiting for years to get an up-or-down of bipartisanship that are the hallmark get hearings when Democrats con- vote on the Senate floor. Until 2 weeks of the Senate. It acted to ignore prece- trolled the Senate Judiciary Com- ago, all three of these nominees had dents and reinterpret longstanding mittee in the early 1990s. been blocked by partisan obstruc- rules to its advantage, but fortunately Regardless of who started what and tionist tactics. its attempt to eliminate the voice of when, all the residents in the Sixth In a few minutes, we will give Judge the minority entirely failed because of Circuit have been suffering from the Richard Griffin and Judge David the efforts of well-meaning and fair- refusal of our Democratic colleagues to McKeague fair up or down votes. We minded Senators. Two more well-mean- allow these seats from Michigan to be are making progress on fulfilling our ing and fair-minded Senators did their filled. Moreover, this obstruction has constitutional duty to advise and con- part to save the Senate by clearing the been out of all proportion to any al- sent. way for the confirmation of the two leged grievance. Specifically, our col- The judges before us now are nomi- nominees today. I hope that despite the leagues had been blocking four circuit nees to the Sixth Circuit Court of Ap- concerns I have expressed and others court nominees from Michigan, as well peals—a circuit which includes Michi- that may emerge during this debate, as three district court nominees from gan, Ohio, Kentucky, and my home once confirmed Judge Griffin and Michigan. But of these seven Michigan State of Tennessee. It is a circuit that Judge McKeague will fulfill their oath vacancies that the Democrats had been desperately needs new judges. My cir- and provide fair and impartial justice refusing to let the Senate fill, five of cuit—the Sixth Circuit—has the high- to all who come before them. the seats were not even involved in this est vacancy rate and the slowest ap- Mr. MCCONNELL. Mr. President, I dispute. President Clinton never nomi- peals process in the Nation. rise in support of the nominations of nated anyone to the seat to which cur- For the last 3 years, the Sixth Cir- David McKeague and Richard Griffin to rent nominee Henry Saad has been cuit has had the highest the vacancy rate for Federal judges in the nation. the Sixth Circuit Court of Appeals. nominated. The seat to which current The Sixth Circuit covers thirty mil- nominee David McKeague has been Twenty five percent—4 out of 16—of its lion people in Michigan, Ohio, Ten- nominated did not even become vacant seats are empty. All four have been de- nessee and my home State of Ken- until the current Bush administration. clared judicial emergencies. These vacant judgeships have turned tucky. For the last several years, the And the three district court seats that the Sixth Circuit into the slowest cir- Sixth Circuit has been operating with are being blocked were not involved in cuit in the country. Consider that the at least one-fourth of its 16 seats the dispute either. So my friends from national average for an appeal is about empty. This 25 percent vacancy rate is Michigan had been holding up one- 10 months. In the Sixth Circuit, it the highest vacancy rate among Fed- fourth of an entire circuit in crisis, takes almost 17. eral circuit courts. The Administrative along with three district court seats, This situation is unfair to our con- Office of the Courts has declared all because of an internal dispute about stituents and unfair to the hard-work- four of these empty seats to be ‘‘judi- two seats, the genesis of which oc- ing judges who labor under increas- cial emergencies.’’ curred years ago. ingly heavy caseloads. Because of this high vacancy rate, What had my friends from Michigan Judicial obstruction has been delay- the Sixth Circuit has been operating been demanding in order to lift this ing and denying justice to the 30 mil- under a crushing caseload burden and blockade? They had wanted to pick cir- lion people who live in the Sixth Cir- has been the slowest circuit in the Na- cuit court appointments. Mr. Presi- cuit. It is time to end this judicial ob- tion. According to the AOC, last year— dent, let us get back to first principles. struction and fill these seats with like the year before it—the Sixth Cir- As much as they would like to, Demo- qualified judges. cuit was a full 60 percent behind the crat Senators do not get to pick circuit I would like to comment briefly on national average. In 2004, the national court judges in Republican administra- the backgrounds of Judges McKeague average for disposing of an appeal in tions. For that matter, Republican and Griffin.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6291 The President nominated Judge Mr. President, for the information of VOTE ON NOMINATION OF RICHARD A. GRIFFIN McKeague on November 8, 2001, and our colleagues, we plan on beginning The PRESIDING OFFICER. The Judge Griffin on June 26, 2002. the votes—there will be two votes—in question is, Will the Senate advise and Judge Griffin has extensive experi- about 5 minutes. I know a number of consent to the nomination of Richard ence as a practicing attorney. He has people are in meetings and around the A. Griffin, of Michigan, to be United appeared before the Federal district Hill, but I want to notify them that we States Circuit Judge for the Sixth Cir- courts in Michigan and before the will begin voting at 4:55, in about 5 cuit? The yeas and nays have been or- Sixth Circuit Court of Appeals. minutes. dered. The clerk will call the roll. He also has served with distinction as Mr. LEAHY. Mr. President, with the The assistant legislative clerk called a State court judge for well over a dec- leader on the floor, have the yeas and the roll. ade. As an appellate judge, he wrote nays been ordered on these two nomi- Mr. MCCONNELL. The following Sen- over 280 published opinions and heard nees? ators were necessarily absent: the Sen- thousands of criminal and civil cases. The PRESIDING OFFICER. They ator from Tennessee (Mr. ALEXANDER) He enjoys bipartisan support from his have not. and the Senator from Alaska (Ms. MUR- colleagues. The chief judge of the Mr. LEAHY. Mr. President, I ask KOWSKI). Michigan Court of Appeals has called unanimous consent that it be in order Further, if present and voting, the Judge Griffin a ‘‘decisive scholarly at this time to ask for the yeas and Senator from Tennessee (Mr. ALEX- judge with an instinct for the core nays on both nominations. ANDER) would have voted ‘‘yea.’’ issues and with a flair for authoring The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the crisp understandable opinions.’’ objection, it is so ordered. Senator from Delaware (Mr. BIDEN), Judge Griffin has been waiting nearly Mr. LEAHY. Mr. President, I ask for the Senator from Vermont (Mr. JEF- 3 years for a fair up or down vote. It is the yeas and nays. FORDS), and the Senator from Illinois time to give him that courtesy. It is The PRESIDING OFFICER. Is there a (Mr. OBAMA) are necessarily absent. time to vote. sufficient second? I further announce that, if present Judge David McKeague, likewise, is a There appears to be a sufficient sec- and voting, the Senator from Delaware highly regarded jurist. In 1992, the Sen- ond. (Mr. BIDEN) would vote ‘‘yea.’’ ate voted unanimously to confirm him The yeas and nays were ordered. The PRESIDING OFFICER (Mr. to serve on the U.S. District Court for Mr. LEAHY. Mr. President, I know COLEMAN). Are there any other Sen- the Western District of Michigan. the two Senators from Michigan sup- ators in the Chamber desiring to vote? Many of those same Senators who port both these nominees. They both The result was announced—yeas 95, confirmed Judge McKeague to the dis- returned positive blue slips, which is nays 0, as follows: trict court have been obstructing his one of the reasons they are moving so [Rollcall Vote No. 134 Ex.] nomination to the appellate court for quickly. YEAS—95 over 3 years. Judge McKeague was also appointed As to when the time arrives that the Akaka Dole Martinez by Supreme Court Chief Justice leader wishes to begin the votes, I ask Allard Domenici McCain unanimous consent that at that time Allen Dorgan McConnell Rehnquist to serve on the Judicial Con- Baucus Durbin the time on this side of the aisle be Mikulski ference’s Committee on Defender Serv- Bayh Ensign Murray ices and on the Federal Judicial Cen- yielded back, whether I am on the floor Bennett Enzi Nelson (FL) Bingaman Feingold ter’s District Judges Education Com- or not. Nelson (NE) Mr. FRIST. No objection. Bond Feinstein Pryor mittee, which he chairs. Boxer Frist The PRESIDING OFFICER. Without Reed Those in the legal community who Brownback Graham Reid Bunning Grassley objection, it is so ordered. Roberts have worked with Judge McKeague re- Burns Gregg Mr. FRIST. Mr. President, I under- Rockefeller spect him. One fellow attorney called Burr Hagel Salazar stand that all time will have been Byrd Harkin him ‘‘a person of unquestioned honor Santorum yielded back and, therefore, we will be Cantwell Hatch and integrity. Judge McKeague’s judg- Sarbanes Carper Hutchison ments are sound, impartial, and starting the vote at 4:55 sharp. Schumer I suggest the absence of a quorum. Chafee Inhofe prompt.’’ Chambliss Inouye Sessions Attorneys who have represented cli- The PRESIDING OFFICER. The Clinton Isakson Shelby Smith ents before Judge McKeague say that clerk will call the roll. Coburn Johnson The assistant legislative clerk pro- Cochran Kennedy Snowe he is fair and ‘‘treats all litigants and Specter ceeded to call the roll. Coleman Kerry litigators with courtesy and respect’’ Collins Kohl Stabenow and that ‘‘his rulings are well reasoned Mr. SPECTER. Mr. President, I ask Conrad Kyl Stevens Sununu with due regard for precedent and the unanimous consent that the order for Cornyn Landrieu the quorum call be rescinded. Corzine Lautenberg Talent law.’’ Craig Leahy Thomas Judge McKeague has been waiting The PRESIDING OFFICER. Without Crapo Levin Thune nearly 4 years for an up-or-down vote. objection, it is so ordered. Dayton Lieberman Vitter It is time to give him that courtesy. It Mr. SPECTER. Mr. President, I know DeMint Lincoln Voinovich our colleagues are anxious to vote. I DeWine Lott Warner is time to vote. Dodd Lugar Wyden Judges Griffin and McKeague are have put into the RECORD statements NOT VOTING—5 highly qualified individuals with exten- in support of the nominations of Rich- ard Allen Griffin to be a judge on the Alexander Jeffords Obama sive legal experience and bipartisan Biden Murkowski support. Both have been rated ‘‘well Sixth Circuit Court of Appeals and qualified’’ by the American Bar Asso- David W. McKeague to be, similarly, a The nomination was confirmed. ciation, the highest rating possible. judge on the Sixth Circuit. It would VOTE ON NOMINATION OF DAVID W. MCKEAGUE It is only because of partisan ob- have been gratifying a couple of years The PRESIDING OFFICER. The struction that they have not received a ago to have had this confirmation at question is, Will the Senate advise and fair vote. Justice has been delayed be- that time, but it is good to have it now consent to the nomination of David W. cause an up-or-down vote has been de- rather than at some time in the future. McKeague, of Michigan, to be a United nied. It would not serve any useful purpose States Circuit Judge for the Sixth Cir- I hope things are changing in the to go through the litany of reasons cuit? On this question, the yeas and Senate. I am pleased that with today’s these nominees have been held up. Suf- nays have been ordered. The clerk will votes the Senate is continuing to move fice it to say, they are very well quali- call the roll. forward to embrace the principle of fair fied, and the Sixth Circuit is in a state The legislative clerk called the roll. up or down votes on judicial nominees. of crisis, and it will help the adminis- Mr. MCCONNELL. The following Sen- I urge my colleagues to join me to tration of justice to have these nomi- ators were necessarily absent: the Sen- vote to confirm Judge Griffin and nees confirmed. ator from Tennessee (Mr. ALEXANDER), Judge McKeague to the Federal appeals Mr. President, I believe we are ready and the Senator from Alaska (Ms. MUR- court. to vote. KOWSKI).

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6292 CONGRESSIONAL RECORD — SENATE June 9, 2005 Further, if present and voting, the The PRESIDING OFFICER. Without mitted individual, and I know he is Senator from Tennessee (Mr. ALEX- objection, it is so ordered. going to try to put together programs ANDER) would have voted ‘‘yea.’’ Mr. FRIST. I ask unanimous consent which will get that agency focused and Mr. DURBIN. I announce that the that at 6:30 p.m. on Monday, June 13, functioning in a manner in which the Senator from Delaware (Mr. BIDEN), the Judiciary Committee be discharged American people expect. and the Senator from Vermont (Mr. from further consideration of S. Res. 39 As we look at the agency, however, I JEFFORDS), are necessarily absent. and the Senate proceed to its imme- do think we have to be driven by a cer- I further announce that if present diate consideration. I further ask unan- tain theory or theme, a set of policies. and voting, the Senator from Delaware imous consent there be 3 hours for de- The first is that we address threat first (Mr. BIDEN) would vote ‘‘yea.’’ bate with the time equally divided and and that we start with the highest The PRESIDING OFFICER (Mr. controlled between Senators LANDRIEU threats as being the first threats which CHAFEE). Are there any other Senators and ALLEN or their designees, and upon we should focus on. Of course, the high- in the Chamber desiring to vote? the use or yielding back of time, the est threats are weapons of mass de- The result was announced—yeas 96, Senate proceed to a vote on the adop- struction coming into the country or nays 0, as follows: tion of the resolution without inter- being developed in the country which [Rollcall Vote No. 135 Ex.] vening action or debate. I ask unani- would be used against American citi- YEAS—96 mous consent that upon adoption, the zens. preamble then be agreed to, and the Those weapons involve things such as Akaka Dole Martinez chemical or biological weapons or po- Allard Domenici McCain motion to reconsider be laid upon the Allen Dorgan McConnell table. tentially some sort of nuclear device. Baucus Durbin Mikulski The PRESIDING OFFICER (Mr. ISAK- So we must prepare ourselves and focus Bayh Ensign Murray that Department on making sure that Bennett Enzi Nelson (FL) SON) Without objection, it is so or- Bingaman Feingold Nelson (NE) dered. it is ready to deal with those types of Bond Feinstein Obama threats. Boxer Frist Pryor f Some of the responsibility for mak- Brownback Graham Reed MORNING BUSINESS ing ourselves adequately prepared in Bunning Grassley Reid Burns Gregg Roberts Mr. FRIST. Mr. President, I ask the area, especially biologics, falls out- Burr Hagel Rockefeller unanimous consent there now be a pe- side the Department and falls with the Byrd Harkin Salazar riod of morning business with Senators CDC or HHS—the Health and Human Cantwell Hatch Santorum Services Department—which have re- Carper Hutchison Sarbanes permitted to speak for up to 10 minutes Chafee Inhofe Schumer each. sponsibility for developing vaccines. Chambliss Inouye Sessions The PRESIDING OFFICER. Without NIH, for example, National Institutes Clinton Isakson Shelby objection, it is so ordered. of Health, has the responsibility for Coburn Johnson Smith making sure that we are on course to Cochran Kennedy Snowe f Coleman Kerry Specter bring on line adequate responses should Collins Kohl Stabenow FUNDING FOR HOMELAND we be attacked with a biological weap- Conrad Kyl Stevens SECURITY on such as anthrax, a plague or botu- Cornyn Landrieu Sununu Corzine Lautenberg Talent Mr. GREGG. Mr. President, I rise to lism. Craig Leahy Thomas speak a little bit about the Department The Department still has a huge role Crapo Levin Thune in this area, and it obviously has a role Dayton Lieberman Vitter of Homeland Security. I have the good fortune to chair their appropriations in the nuclear area of detection and DeMint Lincoln Voinovich making sure that we are ready to try DeWine Lott Warner committee, and we will be marking up Dodd Lugar Wyden the appropriations bill relative to that to anticipate and stop a weapon of that sort. Below that level of addressing the NOT VOTING—4 agency next week, hopefully, if we can weapons of mass destruction issues, we straighten out the proper allocations Alexander Jeffords have to look at the other areas of Biden Murkowski for funding within the budget, which I threat and how we as a government are expect to happen today under the lead- The nomination was confirmed. structured to handle it. The PRESIDING OFFICER. The ership of Chairman COCHRAN. There was a report today that the President will be immediately notified The Homeland Security Department President of the United States, in a of the Senate’s action. is a big one because, of course, this meeting with the leadership of the The majority leader. goes to the essence of how we protect House at least, and maybe the Senate, f ourselves as a nation, how we make said that he thought we should be fo- sure that we are ready should we be at- ORDER OF PROCEDURE cusing on border security as a priority tacked, and how we, hopefully, make it in the area of maintaining our security Mr. FRIST. Mr. President, pursuant possible for us to avoid such an attack. as a nation. I think that is absolutely to the order of May 24, I ask unani- Regrettably, the Department of Home- true. Most Americans today wonder mous consent that at 2:30 p.m. on Mon- land Security has been thrown to- why there are still literally tens of day, June 13, the Senate proceed to the gether and has had some problems as it thousands, maybe hundreds of thou- Griffith nomination as provided under has tried to shake out in the post-9/11 sands of people coming across our bor- the order; provided further that fol- world. ders, entering this country illegally. lowing the use or yielding back of In fact, the problems have been so ex- A lot of other Americans wonder why time, the Senate resume legislative treme that almost a day does not go by today there is so much happening in session and the vote occur on the con- that we do not see an inspector general the area of people coming into the firmation of the nomination at 10 a.m. report or a GAO report outlining some country without us knowing what their on Tuesday, June 14. function of that agency which simply purposes are or what their potential The PRESIDING OFFICER. Without is not working correctly. Today, there threat is as individuals. There is con- objection, it is so ordered. was a report where the inspector gen- cern about our capacity to screen folks Mr. FRIST. I ask unanimous consent eral found that there were no backup who are coming into this Nation who that on Tuesday, immediately fol- computer systems within the Depart- may have as one of their purposes to do lowing the vote on the Griffith nomina- ment for some of the critical agencies us harm. We need to strengthen our tion, the Senate proceed to the consid- that are involved, but that is only one ability to stay on top of this situation. eration of H.R. 6, the Energy bill; proof literally a stack of GAO and inspec- There is significant concern about vided further that the chairman be rector general reports which probably is 2 what is happening within our ports and ognized in order to offer the Senate-re- or 3 feet high. whether we are putting in place sys- ported bill as a substitute amendment, There is a lot to do in this agency. tems which adequately review and give the amendment be agreed to and con- Certainly, I congratulate the President us the capacity to address what might sidered as original text for the purpose on bringing aboard Secretary Chertoff. be in a container in one of the hun- of further amendment. I know he is a hard-driving and com- dreds of thousands of containers that

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6293 come into this country on a daily try and what is coming into the coun- There is other work we need to do. basis. So this is an area of high pri- try. Today, we do not have that capac- We need to increase the number of de- ority. If this report is correct, it is ity. Within that effort we need to have tention beds. We need to increase the very good that the President has de- not only people, but we need to have number of people who are doing the cided to put significant focus on the infrastructure in the form of tech- prosecution of detainees. We need to issue of border security beyond what nology capability and in the form of increase the capability, the physical was obviously energy that was being physical plant capability. plant capacity of the Border Patrol and put into that effort to begin with any- Secondly, we have to have a program the Immigration and Customs officers. way. in place as a nation which does not cre- We need a lot of physical plant and There is no question there has been ate an incentive for people to come people and technology and we are going significant effort in this area, but it into the country illegally. That gets to take from other accounts to try to needs a lot more effort, and that brings into this whole question of guest work- accomplish that as we move this Home- me to what we are planning to do with er. My Appropriations Committee may land Security bill forward. not have that jurisdiction. We would the appropriations bill. I want to lay I am putting people on notice that out a bit of a precursor to that bill so love to have that jurisdiction. We have it marginally, but that is an author- this is the direction we are going. It is people will know what is coming and my opinion as we move this bill across can anticipate it. izing exercise, and maybe it will be debated on this bill. But, in any event, we the floor there should be and will be a Basically, what we intend to do is re- lot of interest in this area because se- orient, to the extent we can, funds are going to focus on that first part where we do have jurisdiction, which is curing our borders is, as the President within the moneys we have available to has stated at least indirectly, through us for the Department of Homeland Se- we are going to significantly tool up our physical and personnel capabilities hearsay as presented by the leadership curity to focus on border security be- of the House, a priority on which it is cause we consider that—or I happen to and our technology capabilities in order to try to address border security time we focused like a laser beam and consider—after we go below the weap- took some action. ons of mass destruction issue, to be the at the first level, which is a question of most significant area of need from the having the people and the resources on Mr. SESSIONS. Will the Senator standpoint of protecting our national the borders, in the ports, in order to ef- yield for a question? security and making sure that we are fectively manage our borders. Mr. GREGG. I am happy to yield to able to manage our national security. This is not an overnight event. This the Senator from Alabama for a ques- Unfortunately, the proposal that has been attempted before and it has tion, or I will yield the floor. been singularly unsuccessful. When I came up to us from the administration Mr. SESSIONS. I am very pleased the had responsibility for Immigration and prior to this recent discussion which Senator from New Hampshire, Mr. Border Patrol in the prior committee occurred at the White House yesterday GREGG, is chairing this important com- that was moved over from the Justice or the day before did not put the type mittee. He has had a large number of of resources or focus on that Depart- Department when they had the Justice Department responsibility moved over years of intense interest in improving ment that was necessary within the homeland security. context of the entire Homeland Secu- to Homeland Security, we were in the midst of trying to gear up the number I am not sure he is aware, but yester- rity Department. As a result, in order of Border Patrol agents and we made a day there was a hearing in the Judici- to accomplish that within the dollars commitment to add literally thousands ary Committee on the Joint Terrorism we have—and the dollars are going to of Border Patrol agents over a series of Subcommittee and the Immigration be fairly significant because the chair- years. Unfortunately, the Border Pa- Subcommittee. It dealt with people man of the Appropriations Committee, trol first was not able to recruit the coming into the country illegally, peo- I believe, has stated not publicly yet people at the price we were willing to ple who were other than Mexicans, on but has at least implied that he intends pay them because the people were re- the Mexican border. The story, as de- to fund aggressively this activity of quired to be bilingual and actually had scribed by a reporter in a newspaper ar- the Federal Government because he un- talents that in the marketplace could ticle of early May, said that a group— derstands the importance of the secu- command more than we were willing to for example, in this case 20 from rity of our Nation. He used to be chair- pay them, and second, we did not have Brazil—came across the border, looked man of this subcommittee and cer- the training facilities, so we ended up for the Immigration Border Patrol peo- tainly knows its needs. So he is going never reaching the increase in numbers ple, and immediately went up to them to give us an allocation which is fairly of Border Patrol we need in order to ef- and turned themselves in to them. significant. Within that allocation we fectively address the border. They were taken into some form of do intend to reform and restructure so We are going to try again. The Bor- custody, placed in some form of trans- that we are putting more money into der Patrol told us the number they portation, transported further into the homeland security. think they can train up in a year. We country, and then released on their That is going to mean that other ac- are going to give them more training own recognizance. Of the 8,908 notices counts we might want to have funded capacity so in later years we can train to appear that the immigration court at a higher level are not going to be more people. We are going to put in in Harlington issued to non-Mexicans, funded at quite so high a level. We are pay scales—we already have—that will 8,767 of them never showed up when going to set priorities. My view of how make it a more attractive job. And we they were supposed to come to court. we fund the issue of protecting our na- are going to start to hire people who First, I would note there are a lot of tional security is that we address the can do the job effectively at fairly sig- people other than our Mexican neigh- issue of threat, pick the highest threat, nificant numbers. and fund responses to that threat. On top of that, we have to do other bors who are coming across that bor- After the issue of weapons of mass de- things. There is within the Department der. Second, there were some plans to struction, the highest threat is our of Homeland Security a program called expedite removal to these other coun- failure to manage our borders; thus, we US-VISIT, about which I have serious tries, which is somewhat difficult. are going to put more money into that. misgivings. It is a massive computer Maybe one-fifth of these are being han- That means we will have to take undertaking. I have seen these before dled in the more expedited and effec- money from accounts which are not in other agencies and my sense is this tive way. But I wanted to share that necessarily going to make those folks computer initiative is not going well with the Senator. I ask if he thought happy in those accounts, but it is nec- and is not evolving the software and the committee would be responsive to essary if we are going to adequately hardware capabilities necessary. We requests from the Administration to fund this area. are going to try to focus on that and fund those expedited programs, because It is a two-step effort, really. First, hopefully turn that corner so that pro- what we are doing now is not effective we have to put on the border the nec- gram will in the end be an asset, so we at all. essary capability to have a reasonable will know who is coming in the coun- Mr. GREGG. The Senator from Ala- review of who is coming into the country. bama has pointed to one of the many

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6294 CONGRESSIONAL RECORD — SENATE June 9, 2005 anecdotal but glaringly difficult in- tinue to demand that our teachers de- Last October, Mr. Feinberg substances that should cause us all con- velop greater subject matter expertise, mitted to the Department of Justice a cern. We are hearing anecdotal infor- but we have yet to figure out how to final report summarizing the accom- mation that the Border Patrol is find- help teachers learn while they are still plishments and work of the September ing material that is clearly written in needed in the classroom full time. In 11 Victim Compensation Fund. While Arabic, and is clearly Islamic fun- addition, to meet growing student need the September 11 Victim Compensation damentalist, at the border. People have we will need to bring over 2 million Fund has reached its final deadline, left it there or it has been left behind new teachers into our public schools Families of September 11 continues its by people coming across the border, it over the next decade. mission, including supporting legisla- appears. So that is obviously an ex- We must attract, develop, and retain tion on security and intelligence re- treme concern. as many talented teachers as we can form. This week, Families of Septem- But your story reflects the fact that muster. We must act now to begin ber 11 also submitted a final report to these borders are simply not controlled meeting this critical national crisis. the Department of Justice, sharing the and we don’t have the capacity to han- That is why I am proud to introduce experiences of the victims and their dle the people when we do catch them. with Senator KENNEDY the Teacher Ex- families, including those who chose not That is going to take a rethinking of cellence For All Children Act of 2005. to participate in the September 11 Vic- the effort. It is going to take a lot of The TEACH Act provides financial in- tim Compensation Fund. The report in resources. As we move forward as a centives to attract and retain our best its entirety may be read at http:// Congress, we have to think about: Are teachers and principals. The TEACH www.familiesofseptember11.org. we putting too many resources in other Act helps schools recognize and reward Mr. President, I ask that a copy of the Executive Summary of this report accounts when we should be focusing the best teachers. The TEACH Act en- be in the RECORD for lawmakers and on the border? I will take two exam- courages good teachers to work in the schools that need good teachers the the public to review. ples. There being no objection, the mate- most, and it also encourages teachers One is TSA, our transportation secu- rial was ordered to be printed in the rity, which we see in our airports. How to specialize in the subjects which need RECORD, as follows: many people can we afford there versus the most teachers. Finally, the TEACH EXECUTIVE SUMMARY: FINAL REPORT OF FAMI- Act helps new teachers transition into the border? The first responder funds LIES OF SEPTEMBER 11 ON THE SEPTEMBER that are going out not necessarily on the classroom, it helps veteran teach- 11TH VICTIM COMPENSATION FUND OF 2001 the basis of threat but on the basis of ers keep their skills sharp, and it at- Families of September 11 is a nonprofit or- formula, can we afford that in light of tracts talented new principals into our ganization founded in October 2001 by fami- the fact we have a threat, which is the schools. lies of those who died in the September 11 border, or should we take another look Developing great teachers takes terrorist attacks. We gather and disseminate at other approaches to funding a sig- time, but this is an investment that we helpful information, refer victims’ families, nificant increase in the border security as a nation must make. I therefore en- survivors, and others affected by the events of 9/11 to assistance providers, offer online effort? courage my colleagues to support the chat sessions, and address such issues as vic- I look forward to working with the TEACH Act now. Our children deserve tims’ assistance, methods of response to members of the Judiciary Committee. nothing less. trauma from terrorist attacks, and the ef- Our role is the money role. We look to f fects of terrorism on children. We support you folks to give us the authorizing public policies that effectively respond to FAMILIES OF SEPTEMBER 11’S leadership, which I know you have in the threat of terrorism, including support for FINAL REPORT the past. You certainly have and cer- the 9/11 Commission Recommendations, de- Mr. LEAHY. Mr. President, less than velopment of appropriate agency procedures, tainly other members in your com- legislation related to aviation, border, port mittee are leaders in this area. We look 2 weeks after the horrific events of and transportation security, and intelligence forward to any ideas or thoughts you September 11, Congress passed a law to reform. have which you want to bring forward. establish the September 11 Victim Our Final Report on the September 11th I do think on this bill we should have Compensation Fund, providing assist- Victim Compensation Fund follows the for- a fairly open and substantive debate as ance to victims and their families dur- mat of ‘‘Final Report of the Special Master ing an unimaginably difficult time. I for the September 11th Victim Compensation to how we are going to move forward Fund of 2001.’’ Just as the Special Master’s on the issue of border security. Clearly was pleased to work with my col- Final Report provides the perspective of the the White House is committed to this. leagues to create this needed resource administrator of the Fund, our Report gives It is going to take resources. for the families of this national trag- voice to those victims and family members Mr. SESSIONS. I thank the Senator, edy. The families of victims that died who participated in the Fund as well as also the Chair of the Budget Com- in the September 11 attacks also came those who elected not to. Although much of mittee. He answered very well when he together and created their own non- our report serves as counterpoint to the Spe- profit organization, Families of Sep- cial Master’s observations and conclusions, said we can’t always fund the new we agree with much of what is said in his re- things we want to do by pumping new tember 11. port and our Report should be read with an money into them. Sometimes we need Although no amount of compensation acknowledgement that the Special Master to ask ourselves if there is not some can replace a lost loved one, Families was asked to and did construct a program in money being spent in a way that is less of September 11 and Ken Feinberg, the extremely difficult circumstances. The ena- useful, and utilize that money where Special Master in charge of overseeing bling legislation that created the Fund was hastily crafted, imprecise in significant we have to utilize it. the Fund, worked diligently to improve the rules governing the September 11 ways, and sometimes internally incon- I am proud to serve with him on that sistent. The Special Master was faced not Budget Committee. Victim Compensation Fund, to give the only with the uncertain nature of the legis- f victims and their families more flexi- lation, but with a host of other competing bility and to provide information to influences: e.g., the enormity of the losses, THE TEACHER EXCELLENCE FOR victims and their families about how emotionally overwhelmed victims and fami- ALL CHILDREN ACT OF 2005 and where they could find support. lies, a stunned public, and conflicting com- Mr. DURBIN. Mr. President, good Working together, Mr. Feinberg and pensation policy ideologies. The Special Master and those who worked with him de- teachers lead to good students. In fact, Families of September 11 reached out serve great credit for their tireless and de- recent evidence suggests that providing to the victims and their families to voted work under these daunting cir- great teachers may be the single most make sure they understood their rights cumstances, particularly in the administra- important thing that we can do to give and to assist them in filing their tion of the Fund after promulgation by the our children the good education they claims. This task was made all the Department of Justice of the Final Rules. deserve. more difficult because many victims In many respects, the Fund was a success. Much of this success was due to the efforts of Most of our teachers are hard- and survivors of those terrorist attacks the Special Master and his staff in meeting working, selfless, and dedicated to had to confront the logistical burden with individual family members, dem- helping our children learn. We are ask- and emotional pain of filing a death or onstrating flexibility where possible in making them for more, however. We con- injury claim. ing determinations of awards, and expressing

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6295 compassion for family members in the proc- The Special Master made determinations study on gun violence by a University ess. But, the Special Master’s view, ex- on 7,403 claims completing its work by the of Michigan researcher to the attention pressed in the introduction to his Final Re- statutory deadline in June 2004. Congress of my colleagues. The study found that port, that ‘‘the Fund was an unqualified suc- now has the benefit of more than 11,000 com- cess’’ is not shared by many who partici- ments made to the Justice Department dur- adolescents who are exposed to gun vi- pated in the Fund and most of those who did ing the rule-making process; the comments olence are more likely to carry out se- not. The options available to the victims and of the Special Master; the opinions of law- rious acts of violence. families of September 11 were substantially yers, economists, academics, mental heath The study, completed by University impaired by the Victim Compensation Act professionals, victims and survivors of the of Michigan doctoral student Jeffrey attacks; and the developing history of ter- and subsequent legislation. Lawsuits were Bingenheimer, analyzed data from confined to a narrow population of poten- rorism and its effects on our society. In its tially responsible parties whose liability ex- report, Families of September 11 encourages more than 1,500 adolescents. The par- posure was limited to available and inad- Congress and the Administration to: ticipants underwent a series of inter- equate insurance (e.g., the airlines). Evi- a. Use the perspectives of time and experi- views over the course of several years dence for use in litigation was sure to be (has ence in implementation of the Victim Com- as part of the Project on Human Devel- been) compromised by government interven- pensation Fund to consider carefully issues opment in Chicago Neighborhoods. tion (e.g., assertions of national security and it was forced to address hastily in the immediate aftermath of the terrorist attacks of Among other things, initial interviews criminal prosecution grounds for non-disclo- focused on exposure to firearm vio- sure). Families were, thus, faced with a Hob- September 11, 2001; b. assess how well the rules adopted in 2002 lence, including being shot or shot at son’s choice and for most the Fund was the to implement the legislation met Congres- or seeing someone else shot or shot at better one. sional intent; In December 2004, Families of September 11 within the previous year. Subsequent c. consider the incentives and disincentives interviews were designed to uncover conducted a Web-based survey of its mem- to reducing the risks of terrorist attacks im- bers consisting of fourteen questions and an plicit in the legislation; and whether the participant had engaged in opportunity to make narrative comments de- d. fashion legislation that will reduce violent acts themselves. These acts of signed to elicit information that might be those risks and ensure that victims of future violence were defined in the study as helpful in assessing whether there should be terrorist attacks and their families are made shooting at or shooting someone, being a compensation mechanism in place before whole. in a gang fight, attacking someone another terrorist attack occurs. One hundred Copies of the ‘‘Final Report of Families of forty-four (144) members responded. Though September 11 on the September 11th Victim with a weapon, or carrying a hidden not designed to conform with scientifically Compensation Fund of 2001’’ may be obtained weapon. Reportedly, 23 percent of those reliable protocols, the results are of interest by contacting Families of September 11 at interviewed reported being exposed to and are included in our Report. the address below or by going to its website gun violence and 12 percent indicated Much of the Special Master’s report is de- at www.familiesofseptember11.org. that they had carried out violent acts voted to efforts made by him and his staff to Families of September 11, Inc., 1560 themselves. Statistical analysis of the assure that families could obtain detailed in- Broadway, Suite 305, New York, NY formation about their likely recovery from resulting data revealed that adoles- 10036, 212–575–1878. the Fund and assist families in the process. cents who were exposed to gun violence Although our Report applauds him for these f were more than twice as likely to carry efforts, it points out that had there been pre- LOCAL LAW ENFORCEMENT out violent acts within the following existing comprehensive legislation in place, ENHANCEMENT ACT OF 2005 two years. the Special Master’s extraordinary efforts to Describing the results of his study, educate potential participants about and as- Mr. SMITH. Mr. President, I rise sist them with the Fund would not have been today to speak about the need for hate Mr. Bingenheimer stated, ‘‘The pri- necessary and the enormous anxiety created crimes legislation. Each Congress, Sen- mary implication of these findings is by the uncertainties surrounding the Fund ator KENNEDY and I introduce hate that violence can be transmitted from would have been avoided. crimes legislation that would add new person to person by means of exposure The regulations promulgated by the De- categories to current hate crimes law, in the community. This makes the ‘epi- partment of Justice established ‘‘grid’’ sending a signal that violence of any demic of violence’ metaphor seem par- awards with ‘‘extraordinary circumstances’’ ticularly apt, and is consistent with so- thresholds of proof to overcome them and no kind is unacceptable in our society. review process. Claimants were accustomed Likewise, each Congress I have come to ciological theories of violent crime as a to the very different and more substantial the floor to highlight a separate hate contagious social process.’’ notions of ‘‘hearings’’ and ‘‘due process’’ em- crime that has occurred in our coun- While Congress cannot simply legis- bedded in our legal culture and were left dis- try. late an end to the gun violence epi- appointed and uncomfortable by the Fund A gay white male was severely beat- demic, we can do more to support local design. Mr. Feinberg and his staff should, en and sent to the hospital by two men law enforcement officials as they work however, receive high marks for the way in a Columbus gay bar. The victim and to prevent gun violence in our commu- they played the cards dealt them. a friend noticed the men in the bar The victims and their families were faced nities. One important program, known with enormous uncertainty in the weeks and when they arrived. At the end of the as COPS, was created by President months following September 11, 2001, during evening the two males started calling Clinton in 1994 to assist State and local which the Department of Justice promul- the victim various derogatory names, law enforcement agencies in hiring ad- gated regulations and the Special Master de- and pushed him out of the bar. Once ditional police officers to reduce crime veloped claims handling procedures. It is outside, the men continued to beat the through the use of community polic- this uncertainty that Families of September victim, using liquor bottles. Since the ing. Nationwide, the COPS program 11 believes must be eliminated by enactment beating, the victim has had his tires of forward-looking legislation. The victims has awarded more than $11 billion in slashed and received a letter in his grants, resulting in the hiring of 118,000 of future terrorist attacks will need to go on mailbox telling him to ‘watch his additional police officers. Unfortu- living, as have the victims of the September back.’ A police report was filed, but no 11 attacks and should have the comfort of nately, authorization for the COPS knowing immediately after a terrorist event arrests have been made. I believe that the Government’s first program was permitted to expire at the occurs that they have rights to compensa- end of fiscal year 2000. Although the tion sufficient to allow them to do so and a duty is to defend its citizens, to defend them against the harms that come out program has survived through contin- clear and certain path to obtaining those ued annual appropriations, its funding rights. of hate. The Local Law Enforcement Issues of accountability and responsibility Enhancement Act is a symbol that can has been significantly cut. I am a co- by those in the chain of causation linked to become substance. I believe that by sponsor of the COPS Reauthorization the injuries and deaths on September 11, passing this legislation and changing Act which would continue the COPS 2001, and the suffering that followed are of current law, we can change hearts and program for another six years at a great importance to the survivors of the at- minds as well. funding level of $1.15 billion per year, tacks. The Fund, its enabling legislation, nearly double the amount appropriated f and related congressional and administrative for fiscal year 2005. Among other actions had the effect of limiting that ac- BREAKING THE CYCLE OF GUN things, this funding would allow State countability and responsibility. Our Report VIOLENCE expresses concern that this model tends to and local governments to hire an addi- increase the risk of future terrorist attacks Mr. LEVIN. Mr. President, I would tional 50,000 police officers. Having and needs to be reassessed and remedied. like to bring the results of a recent more officers on our streets helps to

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6296 CONGRESSIONAL RECORD — SENATE June 9, 2005 deter gun violence and therefore re- intent to object to any unanimous con- COMMENDING CHIEF JUDGE JOHN duces the chance that adolescents are sent request relating to the nomina- W. BISSELL, U.S. DISTRICT exposed to such crimes. tion of Alice S. Fisher to the position COURT, DISTRICT OF NEW JER- In addition, Congress can make it of Assistant Attorney General. This ac- SEY more difficult for potential criminals tion has nothing to do with Ms. Fisher ∑ Mr. CORZINE. Mr. President, I ex- to gain access to dangerous firearms. or her qualifications for the position to press my sincere appreciation to Chief Under current law, when an individual which she has been nominated. I have Judge John W. Bissell for his more buys a handgun from a licensed dealer, taken this action because there are a than 20 years of outstanding service as there are federal requirements for a number of outstanding issues regarding a Federal District Court Judge in New background check to insure that the the activities and operation of the Jus- Jersey. He is a truly distinguished ju- purchaser is not prohibited by law from tice Department that should be re- rist who represents the best of the New purchasing or possessing a firearm. solved before considering this nomina- Jersey legal community. Judge Bissell However, this is not the case for all tion. I am hopeful that, with the co- has a depth of experience and a knowl- gun purchases. For example, when an operation of the Justice Department, edge of both civil and criminal law that individual wants to buy a handgun these issues can be resolved shortly. few can rival. He also has a keen legal from another private citizen who is not mind and a compassionate under- a licensed gun dealer, there is no re- f standing of people. Judge Bissell ap- quirement that the seller ensure the proaches each and every case before purchaser is not in a prohibited cat- ADDITIONAL STATEMENTS him with thoughtfulness and care. In- egory. This creates a loophole in the deed, he has excelled because of his law, making it easy for criminals, ter- deep appreciation that every case, no rorists, and other prohibited buyers to matter how small, matters greatly to evade background checks and buy guns HONORING THE RETIREMENT OF all those who appear before him. And I from private citizens often at organized PAUL SINDERS believe that it is this understanding gun shows. This loophole creates a that has made Judge Bissell an out- ∑ Mr. LUGAR. Mr. President, I rise gateway to the illegal market because standing Federal District Court Judge. today to inform my colleagues of the criminals know they will not be sub- On behalf of the people of New Jer- retirement of a fixture of Clay city ject to a background check when pur- sey, I express my sincere gratitude to schools for the past 41 years and faith- chasing from another private citizen Judge Bissell for his many years of dis- ful friend, Mr. Paul Sinders. even at a gun show. It is important tinguished service.∑ that Congress close this ‘‘gun show Paul Sinders began his career as an loophole’’ to help stop the flow of dan- educator in the fall of 1964 at the Clay f gerous firearms to prohibited buyers City Elementary School. He taught MOCK ELECTION BUT REAL who may use them in violent crimes. fifth grade and moved to Clay City Jr./ RESULTS Much more can be done to break the Sr. High School the following year. Mr. CRAPO. Mr. President, as we cycle of gun violence that plagues This marked the beginning of a re- wind down from a Presidential election many of our communities. I urge my markable career in which Paul served year and gear up for yet another cycle colleagues to take up and pass common the Clay community school system in of congressional elections, it seems ap- sense legislation that will help to countless capacities. He taught propriate to take a moment and con- achieve this goal. science, math, and health to the junior sider how important an educated elec- high students before moving on to in- f torate is to this country. It is the bed- struct health, physical education, and TRIBUTE TO SGT RUSSELL J. rock upon which our Founding Fathers driver education classes in the high VERDUGO built a fledgling government, creating school. Additionally, he took time to a Constitution that functions with pro- Mr. GRASSLEY. Mr. President, coach the boys freshman and junior tean efficiency—inextricably bound to today I rise in honor of a fallen soldier varsity basketball teams, and rep- the necessity of knowledgeable and who has paid the highest price in de- resented the school as athletic director civic-minded citizens. I am proud to fense our freedom, SSG Russell J. and guidance director. In 1977, Paul make public mention of the Moscow, Verdugo of the 767th Ordnance Com- took the reigns as principal of Clay ID, chapter of the League of Women pany died on the 23rd of May, 2005 in City Jr./Sr. High School. Baghdad, Iraq when an improvised ex- Voters, which has won an award from plosive device detonated as he was re- For the past 28 years Paul has the League of Women Voters of the sponding to a call to dismantle the worked extremely long hours over- United States for its efforts to educate bomb. I would like to take this mo- seeing the operations of Clay City High future voters in north Idaho. ment to salute his patriotism and his School. In 1992, he was selected as the The League of Women Voters pro- sacrifice. Principal of the Year in the IASP Dis- motes a mock election program Russell Verdugo deserves the highest trict 8. In addition, he served as presi- through its State and local chapters gratitude of this body and the entire dent of the Indiana Association of across the Nation. The Moscow chapter Nation. His sacrifice reminds us that School Principals of District 8 in 1994– conducted what can only be described freedom is so precious because of its in- 1995. Currently, Paul is on the board of as a phenomenal month-long series of credibly high cost. My prayers go out directors for the Clay County Commu- events and outreach that culminated in to his mother, Susan Stanley, and his nity Foundation and the Wabash Val- late October in the most successful wife, Kari, who grieve the loss of a son ley Youth for Christ. He is on the advi- ‘‘mock election’’ in Idaho and one of and a husband and to all of the family, sory board for the Clay City Center for the top in the Nation. They were able friends, and neighbors who are touched Family Medicine and is a Support to register and have almost 2900 first by his passing. I ask my colleagues to Committee Member for the Clay City through twelfth-graders in the Moscow join me in remembering Sergeant Area Youth for Christ. He is a member area vote. And I am relieved to add Verdugo. The love of country and the of the Indiana Association of School that I was reelected by these young dedication to service shared by many Principals and Phi Delta Kappa. people. of it citizens is the great strength of Throughout his illustrious career, The chapter worked to bring together our Nation, and we can all be very Paul has been blessed with the con- local, county, and State officials, proud of patriots such as Russell sistent support of his wife, Shari, and teachers, parents, and volunteers to Verdugo. his children: Annette Ream, Chip provide these students with a com- f Sinders, Natalie Wolfe, Bethany prehensive and highly educational elec- Stoelting, and Justin Sinders. I join his tion experience. The students were NOMINATION OF ALICE S. FISHER family, friends, and colleagues now in given issues ballots, information about Mr. GRASSLEY. Mr. President, I adding my blessing as he embarks on the candidates, Web site curriculum, have notified Senate leadership of my this new chapter in his life. sample ballots and had to abide by all

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6297 of the State voting laws. Students were The message also announced that on Homeland Security and Governmental Af- taught their voting rights under the pursuant to 22 U.S.C. 276h, and the fairs. Help America Vote Act, and the overall order of the House of January 4, 2005, EC–2519. A communication from the Chair- man, Railroad Retirement Board, transmit- efforts were so successful that the the Speaker appoints the following ting, pursuant to law, the Semiannual Re- League of Women Voters of Idaho and Members of the House of Representa- port of the Board’s Office of Inspector Gen- the Idaho Secretary of State’s office tives to the Mexico-United States eral for the period from October 1, 2004 asked them to share their mock elec- Interparliamentary Group, in addition through March 31, 2005; to the Committee on tion handbook for instruction and use to Mr. KOLBE of Arizona, Chairman, Homeland Security and Governmental Af- by other organizations in the State. and Ms. HARRIS of Florida, Vice Chair- fairs. The Moscow chapter went above and man, appointed on April 14, 2005: Mr. EC–2520. A communication from the Chair- man, Board of Governors, Postal Service, beyond in its outreach efforts, bringing DREIER of California, Mr. BERMAN of transmitting, pursuant to law, the Semi- in students from an alternative high California, Mr. BARTON of Texas, Mr. annual Report of the Office of Inspector Gen- school and made voting accessible for MANZULLO of Illinois, Mr. WELLER of Il- eral for the period ending March 31, 2005; to handicapped students under Americans linois, Mr. REYES of Texas, and Mr. the Committee on Homeland Security and For Disabilities Act laws. In the suc- MCCAUL of Texas. Governmental Affairs. EC–2521. A communication from the Acting cessful aftermath, the effect has been f felt throughout the community as pri- Director, Office of Personnel Management, vate schools and home-schooling par- MEASURES REFERRED transmitting, pursuant to law, the Semi- ents have expressed interest in becom- annual Report of the Inspector General and The following bill was read the first the Management Response for the period of ing involved in the future. Even more and the second times by unanimous October 1, 2004 to March 31, 2005; to the Com- noteworthy, although parents were not consent, and referred as indicated: mittee on Homeland Security and Govern- required to participate, more parents H.R. 2744. An act making appropriations mental Affairs. volunteered than in past years, and it for Agriculture, Rural Development, Food EC–2522. A communication from the Sec- could be surmised that this ‘‘mock and Drug Administration, and Related Agen- retary of Education, transmitting, pursuant election’’ contributed to the histori- cies for the fiscal year ending September 30, to law, the Semiannual Report of the De- cally high voter turnout in that area of 2006, and for other purposes; to the Com- partment’s Inspector General for the period mittee on Appropriations. ending March 31, 2005; to the Committee on Idaho for the real elections in Novem- Homeland Security and Governmental Af- ber. f fairs. Thomas Jefferson said: ‘‘If a nation MEASURES PLACED ON THE EC–2523. A communication from the Senior expects to be ignorant and free, in a CALENDAR Procurement Executive, National Aero- state of civilization, it expects what nautics and Space Administration, General never was and never will be.’’ I con- The following bill was read the first Services Administration, transmitting, pur- gratulate the outstanding efforts of the and second times by unanimous con- suant to law, the report of a rule entitled League of Women Voters of Moscow on sent, and placed on the calendar: ‘‘Federal Acquisition Circular 2005–04; FAR Case 2003–008; Share-in-Savings Contracting’’ its remarkable effort to reinforce civic H.R. 6. An act to ensure jobs for our future with secure, affordable, and reliable energy. (RIN9000–AJ74) received on June 3, 2005; to education and voter responsibility in the Committee on Homeland Security and Idaho’s children.∑ f Governmental Affairs. f EXECUTIVE AND OTHER EC–2524. A communication from the Acting Director, Division for Strategic Human Re- MESSAGES FROM THE PRESIDENT COMMUNICATIONS sources Policy, Office of Personnel Manage- Messages from the President of the The following communications were ment, transmitting, pursuant to law, the re- United States were communicated to laid before the Senate, together with port of a rule entitled ‘‘Prevailing Rate Sys- the Senate by Ms. Evans, one of his accompanying papers, reports, and doc- tems; Redefinition of the San Francisco, CA, uments, and were referred as indicated: Nonappropriated Fund Wage Area’’ (RIN3206– secretaries. AK26) received on June 3, 2005; to the Com- f EC–2513. A communication from the Senior mittee on Homeland Security and Govern- Vice President and Chief Financial Officer, EXECUTIVE MESSAGES REFERRED mental Affairs. Potomac Electric Power Company, transmit- EC–2525. A communication from the Acting As in executive session the Presiding ting, pursuant to law, the Company’s Bal- Director, Division for Strategic Human Re- Officer laid before the Senate messages ance Sheet as of December 31, 2004; to the sources Policy, Office of Personnel Manage- from the President of the United Committee on Homeland Security and Gov- ment, transmitting, pursuant to law, the re- States submitting sundry nominations ernmental Affairs. port of a rule entitled ‘‘Recruitment, Reloca- EC–2514. A communication from the Sec- tion, and Retention Incentives’’ (RIN3206– which were referred to the appropriate retary of Energy, transmitting, pursuant to committees. AK81) received on June 3, 2005; to the Com- law, the Semiannual Report prepared by the mittee on Homeland Security and Govern- (The nominations received today are Department’s Office of Inspector General; to mental Affairs. printed at the end of the Senate pro- the Committee on Homeland Security and EC–2526. A communication from the Acting ceedings.) Governmental Affairs. Director, Division for Strategic Human Re- f EC–2515. A communication from the Chair- sources Policy, Office of Personnel Manage- man of the Council of the District of Colum- ment, transmitting, pursuant to law, the re- MESSAGE FROM THE HOUSE bia, transmitting, pursuant to law, a report port of a rule entitled ‘‘Excepted Service— At 2:19 p.m., a message from the on D.C. Act 16–73, ‘‘Closing of a Public Alley Presidential Management Fellows Pro- House of Representatives, delivered by in Square 527, S.O. 03–1181, Act of 2005’’; to grams’’ (RIN3206–AK27) received on June 3, the Committee on Homeland Security and Ms. Niland, one of its reading clerks, 2005; to the Committee on Homeland Secu- Governmental Affairs. rity and Governmental Affairs. announced that the House has passed EC–2516. A communication from the Chair- EC–2527. A communication from the Chair- the following bill, in which it requests man, United States International Trade man of the Council of the District of Colum- the concurrence of the Senate: Commission, transmitting, pursuant to law, bia, transmitting, pursuant to law, a report H.R. 2744. An act making appropriations the Semi-annual Report of the Commission’s on D.C. Act 16–75, ‘‘Closing of a Public Alley for Agriculture, Rural Development, Food Inspector General; to the Committee on in Square 342, S.O. 03–5369, Act of 2005’’; to and Drug Administration, and Related Agen- Homeland Security and Governmental Af- the Committee on Homeland Security and cies for the fiscal year ending September 30, fairs. Governmental Affairs. 2006, and for other purposes. EC–2517. A communication from the Sec- EC–2528. A communication from the Chair- The message further announced that retary of Veterans Affairs, transmitting, man of the Council of the District of Colum- pursuant to law, the semiannual report of the House has agreed to the following bia, transmitting, pursuant to law, a report the Office of Inspector General for the period on D.C. Act 16–76, ‘‘Closing of a Portion of concurrent resolution, in which it re- of October 1, 2004 through March 31, 2005; to Davenport Street, N.W., abutting Squares quests the concurrence of the Senate: the Committee on Homeland Security and 1672 and 1673, S.O. 03–2366, Act of 2005’’; to the H. Con. Res. 159. A concurrent resolution Governmental Affairs. Committee on Homeland Security and Gov- recognizing the sacrifices being made by the EC–2518. A communication from the Sec- ernmental Affairs. families of members of the Armed Forces retary of Labor, transmitting, pursuant to EC–2529. A communication from the Chair- and supporting the designation of a week as law, the Semiannual Report of the Depart- man of the Council of the District of Colum- National Military Families Week. ment’s Inspector General; to the Committee bia, transmitting, pursuant to law, a report

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6298 CONGRESSIONAL RECORD — SENATE June 9, 2005 on D.C. Act 16–74, ‘‘Rental Housing Act Ex- Programs, Office of Sustainable Fisheries, S. 10. An original bill to enhance the en- tension Amendment Act of 2005’’; to the National Marine Fisheries Service, Depart- ergy security of the United States, and for Committee on Homeland Security and Gov- ment of Commerce, transmitting, pursuant other purposes (Rept. No. 109–121). ernmental Affairs. to law, the report of a rule entitled ‘‘Magnu- By Mr. INHOFE, from the Committee on EC–2530. A communication from the Chair- son-Stevens Fishery Conservation and Man- Environment and Public Works, without man of the Council of the District of Colum- agement Act Provisions; Fisheries of the amendment: bia, transmitting, pursuant to law, a report Northeastern United States; Electronic Deal- H.R. 483. A bill to designate a United on D.C. Act 16–85, ‘‘Local, Small, and Dis- er Reporting Final Rule’’ (RIN0648–AS87) re- States courthouse in Brownsville, Texas, as advantaged Business Enterprises Certifi- ceived on June 3, 2005; to the Committee on the ‘‘Reynaldo G. Garza and Filemon B. Vela cation Temporary Amendment Act of 2005’’; Commerce, Science, and Transportation. United States Courthouse’’. to the Committee on Homeland Security and EC–2540. A communication from the Acting S. 1140. A bill to designate the State Route Governmental Affairs. Director, Office of Sustainable Fisheries, Na- 1 Bridge in the State of Delaware as the EC–2531. A communication from the Chair- tional Marine Fisheries Service, Department ‘‘Senator William V. Roth, Jr. Bridge’’. man of the Council of the District of Colum- of Commerce, transmitting, pursuant to law, f bia, transmitting, pursuant to law, a report the report of a rule entitled ‘‘Fisheries off on D.C. Act 16–84, ‘‘Victims of Domestic Vio- West Coast States and in the Western Pa- EXECUTIVE REPORTS OF lence Fund Establishment Temporary Act of cific; Pacific Coast Groundfish Fishery; An- COMMITTEES 2005’’; to the Committee on Homeland Secu- nual Specifications and Management Meas- The following executive reports of rity and Governmental Affairs. ures; Inseason Adjustments; Pacific Halibut committees were submitted: EC–2532. A communication from the Chair- Fisheries’’ (I.D. No. 042505C) received on June By Mr. SHELBY for the Committee on man of the Council of the District of Colum- 3, 2005; to the Committee on Commerce, Banking, Housing, and Urban Affairs. bia, transmitting, pursuant to law, a report Science, and Transportation. *Brian D. Montgomery, of Texas, to be an on D.C. Act 16–89, ‘‘Rental Housing Conver- EC–2541. A communication from the Acting Assistant Secretary of Housing and Urban sion and Sale Amendment Act of 2005’’; to Director, Office of Sustainable Fisheries, Na- Development. the Committee on Homeland Security and tional Marine Fisheries Service, Department *Ben S. Bernanke, of New Jersey, to be a Governmental Affairs. of Commerce, transmitting, pursuant to law, Member of the Council of Economic Advis- EC–2533. A communication from the Sec- the report of a rule entitled ‘‘Fisheries off ers. retary of Commerce, transmitting, the re- West Coast States and in the Western Pa- port of a draft bill entitled ‘‘National Off- cific; West Coast Salmon Fisheries; Inseason *Nomination was reported with rec- shore Aquaculture Act of 2005’’ received on Action #1—Adjustment of the Commercial ommendation that it be confirmed sub- June 7, 2005; to the Committee on Commerce, Fisheries from the Cape Falcon, Oregon, to ject to the nominee’s commitment to Science, and Transportation. the Oregon—California Border’’ (I.D. No. respond to requests to appear and tes- EC–2534. A communication from the Direc- 050405D) received on June 3, 2005; to the Com- tor, U.S. Census Bureau, Department of tify before any duly constituted committee on Commerce, Science, and Transpor- mittee of the Senate. Commerce, transmitting, pursuant to law, tation. the report of a rule entitled ‘‘Requirements EC–2542. A communication from the Acting f for Reporting the Kimberley Process Certifi- Director, Office of Sustainable Fisheries, Na- cate Number for Exports (Reexports) of INTRODUCTION OF BILLS AND tional Marine Fisheries Service, Department JOINT RESOLUTIONS Rough Diamonds’’ (RIN0607–AA44) received of Commerce, transmitting, pursuant to law, on June 3, 2005; to the Committee on Com- the report of a rule entitled ‘‘Fisheries of the The following bills and joint resolu- merce, Science, and Transportation. Northeastern United States; Summer Floun- tions were introduced, read the first EC–2535. A communication from the Direc- der; 2005 Specifications; Commercial Sum- and second times by unanimous con- tor, Office of Sustainable Fisheries, National mer Flounder Quota Transfer from North sent, and referred as indicated: Marine Fisheries Service, Department of Carolina to Virginia’’ (I.D. No. 030305D) re- By Mr. DOMENICI: Commerce, transmitting, pursuant to law, ceived on June 3, 2005; to the Committee on the report of a rule entitled ‘‘Deep-Water S. 10. An original bill to enhance the en- Commerce, Science, and Transportation. ergy security of the United States, and for Species Fishery by Vessels Using Trawl Gear EC–2543. A communication from the Acting other purposes; from the Committee on En- in the Gulf of Alaska’’ (I.D. No. 050305C) re- Director, Office of Sustainable Fisheries, Na- ergy and Natural Resources; placed on the ceived on June 3, 2005; to the Committee on tional Marine Fisheries Service, Department calendar. Commerce, Science, and Transportation. of Commerce, transmitting, pursuant to law, EC–2536. A communication from the Dep- By Mrs. FEINSTEIN (for herself and the report of a rule entitled ‘‘Fisheries of the uty Assistant Administrator for Regulatory Mrs. BOXER): Northeastern United States; Summer Floun- Programs, Office of Sustainable Fisheries, S. 1206. A bill to designate the facility of der; 2004 Specifications; Closure of the North National Marine Fisheries Service, Depart- the United States Postal Service located at Carolina Summer Flounder Commercial ment of Commerce, transmitting, pursuant 4960 West Washington Boulevard in Los An- Fishery’’ (I.D. No. 122204F) received on June to law, the report of a rule entitled ‘‘Magnu- geles, California, as the ‘‘Ray Charles Post 3, 2005; to the Committee on Commerce, son Act Provisions; Fisheries off West Coast Office Building’’ to the Committee on Home- Science, and Transportation. States and in the Western Pacific; Pacific land Security and Governmental Affairs. EC–2544. A communication from the Acting Coast Groundfish Fishery; Groundfish Fish- By Mrs. FEINSTEIN (for herself and Director, Office of Sustainable Fisheries, Na- ery Management Measures’’ ((RIN0648–AT38) Mrs. BOXER): tional Marine Fisheries Service, Department (I.D. No. 043605G)) received on June 3, 2005; to S. 1207. A bill to designate the facility of of Commerce, transmitting, pursuant to law, the Committee on Commerce, Science, and the United States Postal Service located at the report of a rule entitled ‘‘Reallocating Transportation. 30777 Rancho California Road in Temecula, EC–2537. A communication from the Dep- Pacific Cod from Vessels Using Jig Gear to California, as the ‘‘Dalip Singh Saund Post uty Assistant Administrator for Regulatory Catcher Vessels Less than 60 Feet (18.3 Me- Office Building″; to the Committee on Home- Programs, Office of Sustainable Fisheries, ters) Length Overall Using Pot or Hook-and- land Security and Governmental Affairs. National Marine Fisheries Service, Depart- Line Gear in the Bering Sea and Aleutian Is- By Mr. ALEXANDER (for himself and lands Management Area’’ (I.D. No. 051105C) ment of Commerce, transmitting, pursuant Mr. WARNER): to law, the report of a rule entitled ‘‘Magnu- received on June 3, 2005; to the Committee S. 1208. A bill to provide for local control son-Stevens Fishery Conservation and Man- on Commerce, Science, and Transportation. for the siting of windmills; to the Committee agement Act Provisions; Fisheries of the f on Energy and Natural Resources. Northeastern United States; Monkfish Fish- REPORTS OF COMMITTEES By Mr. GREGG: ery; Amendment 2’’ (RIN0648–AQ25) received S. 1209. A bill to establish and strengthen on June 3, 2005; to the Committee on Com- The following reports of committees postsecondary programs and courses in the merce, Science, and Transportation. were submitted: subjects of traditional American history, EC–2538. A communication from the Dep- By Mr. COCHRAN, from the Committee on free institutions, and Western civilization, uty Assistant Administrator for Regulatory Appropriations: available to students preparing to teach Programs, Office of Sustainable Fisheries, Special Report entitled ‘‘Allocation to these subjects, and to other students; to the National Marine Fisheries Service, Depart- Subcommittees of Budget Totals’’ (Rept. No. Committee on Health, Education, Labor, and ment of Commerce, transmitting, pursuant 109–77). Pensions. to law, the report of a rule entitled ‘‘Magnu- By Mr. CRAIG, from the Committee on By Mr. HARKIN (for himself, Mr. son-Stevens Fishery Conservation and Man- Veterans’ Affairs: LUGAR, Mr. OBAMA, and Mr. COLE- agement Act Provisions; Fisheries of the Special Report entitled ‘‘Legislative and MAN): Northeastern United States; Monkfish Fish- Oversight Activities During the 108th Con- S. 1210. A bill to enhance the national secu- ery; Annual Adjustments’’ (RIN0648–AS72) gress by the Senate Committee on Veterans’ rity of the United States by providing for the received on June 3, 2005; to the Committee Affairs’’ (Rept. No. 109–79). research, development, demonstration, ad- on Commerce, Science, and Transportation. By Mr. DOMENICI, from the Committee on ministrative support, and market mecha- EC–2539. A communication from the Dep- Energy and Natural Resources, without nisms for widespread deployment and com- uty Assistant Administrator for Regulatory amendment: mercialization of biobased fuels and biobased

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products, and for other purposes; to the Com- S. 1220. A bill to assist law enforcement in S. 195 mittee on Agriculture, Nutrition, and For- their efforts to recover missing children and At the request of Mr. LIEBERMAN, the estry. to strengthen the standards for State sex of- name of the Senator from New York By Mr. BINGAMAN: fender registration programs; to the Com- (Mrs. CLINTON) was added as a cospon- S. 1211. A bill to establish an Office of For- mittee on the Judiciary. sor of S. 195, a bill to provide for full eign Science and Technology Assessment to By Mr. DAYTON (for himself and Mr. enable the United States to effectively ana- KERRY): voting representation in Congress for lyze trends in foreign science and tech- S. 1221. A bill to amend chapter 81 of title the citizens of the District of Colum- nology, and for other purposes; to the Com- 5, United States Code, to create a presump- bia, and for other purposes. mittee on Foreign Relations. tion that a disability or death of a Federal S. 211 By Ms. STABENOW (for herself and employee in fire protection activities caused At the request of Mrs. CLINTON, the Mr. LEVIN): by any of certain diseases is the result of the name of the Senator from Hawaii (Mr. S. 1212. A bill to require the Commandant performance of such employee’s duty; to the AKAKA) was added as a cosponsor of S. of the Coast Guard to convey the Coast Committee on Homeland Security and Gov- Guard Cutter Mackinaw, upon its scheduled ernmental Affairs. 211, a bill to facilitate nationwide decommissioning, to the City and County of By Mr. STEVENS (for himself, Mr. availability of 2–1–1 telephone service Cheboygan, Michigan, to use for purposes of INOUYE, and Ms. CANTWELL): for information and referral on human a museum; to the Committee on Commerce, S. 1222. A bill to amend the Internal Rev- services, volunteer services, and for Science, and Transportation. enue Code of 1986 to reinstate the Oil Spill other purposes. By Ms. STABENOW (for herself and Liability Trust Fund tax and to maintain a S. 241 Mr. SMITH): balance of $3 billion in the Oil Spill Liability At the request of Ms. SNOWE, the S. 1213. A bill to amend the Internal Rev- Trust Fund; to the Committee on Finance. enue Code of 1986 to allow a refundable credit By Mr. DODD: name of the Senator from South Da- against income tax for the purchase of a S. 1223. A bill to amend the Public Health kota (Mr. THUNE) was added as a co- principal residence by a first-time home- Service Act to improve the quality and effi- sponsor of S. 241, a bill to amend sec- buyer; to the Committee on Finance. ciency of health care delivery through im- tion 254 of the Communications Act of By Ms. SNOWE (for herself, Mr. REID, provements in health care information tech- 1934 to provide that funds received as Mr. WARNER, Mr. LEAHY, Mr. CHAFEE, nology, and for other purposes; to the Com- universal service contributions and the Mrs. MURRAY, Mr. KENNEDY, Mr. mittee on Health, Education, Labor, and universal service support programs es- AKAKA, Mr. DURBIN, Ms. CANTWELL, Pensions. and Mr. LAUTENBERG): By Mrs. BOXER (for herself and Mr. tablished pursuant to that section are S. 1214. A bill to require equitable coverage LAUTENBERG): not subject to certain provisions of of prescription contraceptive drugs and de- S. 1224. A bill to protect the oceans, and for title 31, United States Code, commonly vices, and contraceptive services under other purposes to the Committee on Com- known as the Antideficiency Act. health plans; to the Committee on Health, merce, Science, and Transportation. S. 432 Education, Labor, and Pensions. f At the request of Mr. ALLEN, the By Mr. GREGG (for himself, Ms. MI- name of the Senator from Texas (Mr. KULSKI, Mr. SARBANES, Mr. BIDEN, SUBMISSION OF CONCURRENT AND Mr. CORZINE, Ms. SNOWE, Mr. REED, SENATE RESOLUTIONS CORNYN) was added as a cosponsor of S. Ms. CANTWELL, Mrs. MURRAY, Mr. 432, a bill to establish a digital and The following concurrent resolutions COCHRAN, Mr. KERRY, Mr. INOUYE, and wireless network technology program, Mrs. FEINSTEIN): and Senate resolutions were read, and and for other purposes. referred (or acted upon), as indicated: S. 1215. A bill to authorize the acquisition S. 438 of interests in underdeveloped coastal areas By Ms. SNOWE (for herself, Mr. COLE- At the request of Mr. ENSIGN, the in order better to ensure their protection MAN, Mr. ISAKSON, Mr. VITTER, Ms. name of the Senator from Mississippi from development; to the Committee on LANDRIEU, Mr. KERRY, Mr. BURNS, (Mr. COCHRAN) was added as a cospon- Commerce, Science and Transportation. Mr. PRYOR, Mr. BAYH, and Mr. LIE- By Mr. CORZINE: BERMAN): sor of S. 438, a bill to amend title XVIII S. 1216. A bill to require financial institu- S. Res. 165. A resolution congratulating the of the Social Security Act to repeal the tions and financial service providers to no- Small Business Development Centers of the medicare outpatient rehabilitation tify customers of the unauthorized use of Small Business Administration on their 25 therapy caps. personal financial information, and for other years of service to America’s small business S. 441 purposes; to the Committee on Banking, owners and entrepreneurs; to the Committee At the request of Mr. SANTORUM, the Housing, and Urban Affairs. on Small Business and Entrepreneurship. By Mr. BINGAMAN (for himself, Mr. By Mr. LOTT: name of the Senator from South Caro- DEWINE, Mr. CORZINE, Mr. DURBIN, S. Res. 166. A resolution to authorize the lina (Mr. GRAHAM) was added as a co- Mr. SCHUMER, Mr. JOHNSON, Ms. printing of a collection of the rules of the sponsor of S. 441, a bill to amend the CANTWELL, Mr. LAUTENBERG, Ms. committees of the Senate; considered and Internal Revenue Code of 1986 to make STABENOW, Mr. KENNEDY, Mrs. CLIN- agreed to. permanent the classification of a mo- TON, Mr. KERRY, Ms. MIKULSKI, Mr. By Mr. MCCAIN (for himself and Mr. torsports entertainment complex. AKAKA, Mr. SALAZAR, and Mr. SAR- SUNUNU): S. 471 BANES): S. Res. 167. A resolution recognizing the S. 1217. A bill to amend title II of the So- importance of sun safety, and for other pur- At the request of Mr. SPECTER, the cial Security Act to phase out the 24-month poses; considered and agreed to. name of the Senator from Rhode Island waiting period for disabled individuals to be- By Mr. HAGEL (for himself and Mr. (Mr. REED) was added as a cosponsor of come eligible for medicare benefits, to elimi- MARTINEZ): S. 471, a bill to amend the Public nate the waiting period for individuals with S. Con. Res. 41. Concurrent resolution rec- Health Service Act to provide for life-threatening conditions, and for other ognizing the sacrifices being made by the human embryonic stem cell research. purposes; to the Committee on Finance. families of members of the Armed Forces S. 484 By Mr. KENNEDY (for himself and Mr. and supporting the designation of a week as DURBIN): National Military Families Week; to the At the request of Mr. WARNER, the S. 1218. A bill to amend the Elementary Committee on Armed Services. name of the Senator from Maine (Ms. and Secondary Education Act of 1965, the f SNOWE) was added as a cosponsor of S. Higher Education Act of 1965, and the Inter- 484, a bill to amend the Internal Rev- nal Revenue Code of 1986 to improve recruit- ADDITIONAL COSPONSORS enue Code of 1986 to allow Federal ci- ment, preparation, distribution, and retention of public elementary and secondary S. 169 vilian and military retirees to pay school teachers and principals, and for other At the request of Mr. BINGAMAN, the health insurance premiums on a pretax purposes; to the Committee on Finance. name of the Senator from Texas (Mrs. basis and to allow a deduction for By Mr. BURNS: HUTCHISON) was added as a cosponsor of TRICARE supplemental premiums. S. 1219. A bill to authorize certain tribes in S. 169, a bill to amend the Intermodal S. 537 the State of Montana to enter into a lease or Surface Transportation Efficiency Act At the request of Mr. BINGAMAN, the other temporary conveyance of water rights of 1991 to identify a route that passes name of the Senator from Michigan to meet the water needs of the Dry Prairie Rural Water Association, Inc; to the Com- through the States of Texas, New Mex- (Ms. STABENOW) was added as a cospon- mittee on Energy and Natural Resources. ico, Oklahoma, and Kansas as a high sor of S. 537, a bill to increase the num- By Mr. DODD (for himself, Ms. COL- priority corridor on the National High- ber of well-trained mental health serv- LINS, and Mr. LEAHY): way System. ice professionals (including those based

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S. 1007 S. 1120 614, a bill to amend title 38, United At the request of Mr. BINGAMAN, the At the request of Mr. BINGAMAN, his States Code, to permit medicare-eligi- name of the Senator from Vermont name was added as a cosponsor of S. ble veterans to receive an out-patient (Mr. LEAHY) was added as a cosponsor 1120, a bill to reduce hunger in the medication benefit, to provide that cer- of S. 1007, a bill to prevent a severe re- United States by half by 2010, and for tain veterans who receive such benefit duction in the Federal medical assist- other purposes. are not otherwise eligible for medical ance percentage determined for a State S. 1160 care and services from the Department for fiscal year 2006. of Veterans Affairs, and for other pur- At the request of Mr. SMITH, the S. 1039 poses. name of the Senator from Maine (Ms. At the request of Mr. HATCH, the NOWE S. 633 S ) was added as a cosponsor of S. name of the Senator from Wyoming At the request of Mr. JOHNSON, the 1160, a bill to amend the Internal Rev- name of the Senator from Maine (Ms. (Mr. ENZI) was added as a cosponsor of enue Code of 1986 to restore, increase, S. 1039, a bill to amend the Internal SNOWE) was added as a cosponsor of S. and make permanent the exclusion 633, a bill to require the Secretary of Revenue Code of 1986 to modify the from gross income for amounts re- the Treasury to mint coins in com- treatment of depreciation of refinery ceived under qualified group legal serv- memoration of veterans who became property. ices plan. disabled for life while serving in the S. 1066 S. 1177 Armed Forces of the United States. At the request of Mr. VOINOVICH, the At the request of Mr. AKAKA, the S. 642 names of the Senator from Missouri names of the Senator from West Vir- At the request of Mr. FRIST, the (Mr. BOND) and the Senator from Mis- ginia (Mr. ROCKEFELLER) and the Sen- name of the Senator from Oklahoma souri (Mr. TALENT) were added as co- ator from Washington (Mrs. MURRAY) (Mr. COBURN) was added as a cosponsor sponsors of S. 1066, a bill to authorize were added as cosponsors of S. 1177, a of S. 642, a bill to support certain na- the States (and subdivisions thereof), bill to improve mental health services tional youth organizations, including the District of Columbia, territories, at all facilities of the Department of the Boy Scouts of America, and for and possessions of the United States to Veterans Affairs. other purposes. provide certain tax incentives to any S. 1197 S. 726 person for economic development pur- At the request of Mr. BIDEN, the At the request of Mr. SANTORUM, his poses. names of the Senator from Idaho (Mr. name was added as a cosponsor of S. S. 1076 CRAPO), the Senator from Washington 726, a bill to promote the conservation At the request of Mr. TALENT, the (Ms. CANTWELL) and the Senator from and production of natural gas. name of the Senator from Virginia (Mr. New Jersey (Mr. LAUTENBERG) were S. 727 ALLEN) was added as a cosponsor of S. added as cosponsors of S. 1197, a bill to At the request of Mr. SANTORUM, his 1076, a bill to amend the Internal Rev- reauthorize the Violence Against name was added as a cosponsor of S. enue Code of 1986 to extend the excise Women Act of 1994. 727, a bill to provide tax incentives to tax and income tax credits for the pro- S. RES. 39 promote the conservation and produc- duction of biodiesel. At the request of Ms. LANDRIEU, the tion of natural gas. At the request of Mrs. LINCOLN, the names of the Senator from North Da- S. 768 name of the Senator from Nebraska kota (Mr. DORGAN), the Senator from At the request of Mr. NELSON of Flor- (Mr. HAGEL) was added as a cosponsor Hawaii (Mr. INOUYE), the Senator from ida, the name of the Senator from Cali- of S. 1076, supra. New York (Mrs. CLINTON), the Senator fornia (Mrs. BOXER) was added as a co- S. 1077 from Nebraska (Mr. NELSON), the Sen- sponsor of S. 768, a bill to provide for At the request of Mrs. LINCOLN, the ator from Delaware (Mr. CARPER), the comprehensive identity theft preven- names of the Senator from Nebraska Senator from South Carolina (Mr. GRA- tion. (Mr. HAGEL) and the Senator from Mis- HAM) and the Senator from North Caro- S. 809 souri (Mr. TALENT) were added as co- lina (Mr. BURR) were added as cospon- At the request of Mr. LAUTENBERG, sponsors of S. 1077, a bill to amend the sors of S. Res. 39, a resolution apolo- the name of the Senator from Hawaii Internal Revenue Code of 1986 to pro- gizing to the victims of lynching and (Mr. INOUYE) was added as a cosponsor vide a renewable liquid fuels tax credit, the descendants of those victims for of S. 809, a bill to establish certain du- and for other purposes. the failure of the Senate to enact anti- ties for pharmacies when pharmacists S. 1104 lynching legislation. employed by the pharmacies refuse to fill valid prescriptions for drugs or de- At the request of Mrs. CLINTON, the S. RES. 154 vices on the basis of personal beliefs, name of the Senator from Mississippi At the request of Mr. BIDEN, the and for other purposes. (Mr. COCHRAN) was added as a cospon- names of the Senator from New York sor of S. 1104, a bill to amend titles XIX S. 894 (Mrs. CLINTON), the Senator from and XXI of the Social Security Act to At the request of Mr. ENZI, the name Maryland (Ms. MIKULSKI), the Senator of the Senator from Michigan (Ms. provide States with the option to cover from New Mexico (Mr. BINGAMAN), the certain legal immigrants under the STABENOW) was added as a cosponsor of Senator from Washington (Mrs. MUR- S. 894, a bill to allow travel between medicaid and State children’s health RAY), the Senator from Missouri (Mr. the United States and Cuba. insurance programs. TALENT), the Senator from Arkansas S. 962 S. 1105 (Mrs. LINCOLN), the Senator from Iowa At the request of Mr. SMITH, his At the request of Mr. DODD, the name (Mr. GRASSLEY) and the Senator from name was added as a cosponsor of S. of the Senator from Massachusetts Alaska (Ms. MURKOWSKI) were added as 962, a bill to amend the Internal Rev- (Mr. KERRY) was added as a cosponsor cosponsors of S. Res. 154, a resolution enue Code of 1986 to allow a credit to of S. 1105, a bill to amend title VI of designating October 21, 2005 as ‘‘Na- holders of qualified bonds issued to fi- the Higher Education Act of 1965 re- tional Mammography Day’’. nance certain energy projects, and for garding international and foreign lan- S. RES. 155 other purposes. guage studies. At the request of Mr. BIDEN, the S. 969 S. 1112 names of the Senator from Oregon (Mr. At the request of Mr. OBAMA, the At the request of Mr. BAUCUS, the WYDEN), the Senator from Maryland name of the Senator from Illinois (Mr. name of the Senator from Illinois (Mr. (Mr. SARBANES) and the Senator from

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One way to do emphasize the need to develop edu- my research suggests that if the that is to make sure when we look at cational programs regarding the con- present policies are continued we will the Statue of Liberty, when we look at tributions of veterans to the country. spend over the next 5 years nearly $4.5 the Great Smoky Mountains, when we S. RES. 158 billion to subsidize windmills. Because look at the Grand Canyon, we do not At the request of Mr. GRAHAM, the of those large subsidies, the number of have giant windmills, twice as tall as name of the Senator from Delaware the giant wind turbines in the United Neyland Stadium, with flashing red (Mr. BIDEN) was added as a cosponsor of States is expected to grow from 6,700 lights, in between us and that land- S. Res. 158, a resolution expressing the today to 40,000, or even double that scape. sense of the Senate that the President number in 20 years according to esti- Mr. President, I ask unanimous con- should designate the week beginning mates by the Department of Energy sent to have printed in the RECORD the September 11, 2005, as ‘‘National His- and the Union of Concerned Scientists. text of the legislation which Senator torically Black Colleges and Univer- These wind turbines are not your WARNER and I are introducing, a copy sities Week’’. grandmother’s windmills, gently pump- of the attachment which includes the ing water from the farm well. Here is approximately 200 highly scenic sites f just one example, which my colleagues that could be protected by the Environ- STATEMENTS ON INTRODUCED from Alabama and South Carolina will mentally Responsible Windpower Act BILLS AND JOINT RESOLUTIONS especially appreciate. The University of 2005, and two editorials from Ten- By Mr. ALEXANDER (for himself of Tennessee has the second largest nessee newspapers—one from the Chat- and Mr. WARNER): football stadium in America, seating tanooga Times Free Press and one from S. 1208. A bill to provide for local 107,000 people. The Senator from Ala- the Knoxville News Sentinel—which control for the siting of windmills; to bama and I sat there while Auburn comment on the previous legislation the Committee on Energy and Natural University beat the tar out of the Uni- we introduced. Resources. versity of Tennessee last year. I ask There being no objection, the mate- Mr. ALEXANDER. Mr. President, in him to imagine that just one of these rial was ordered to be printed in the order to protect our Nation’s most sce- giant wind turbines would fit into that RECORD, as follows: nic areas, Senator WARNER, the senior stadium. It would rise to more than S. 1208 Senator from Virginia, and I are today twice the height of the highest skybox. Be it enacted by the Senate and House of Rep- introducing a revised version of the En- Its rotor blades would stretch almost resentatives of the United States of America in Congress assembled, vironmentally Responsible Windpower from 10-yard line to 10-yard line. And on a clear night, its flashing red lights SECTION 1. SHORT TITLE. Act of 2005. It will be introduced in the could be seen for 20 miles. Usually, This Act may be cited as the ‘‘Environ- House of Representatives by Congress- these wind turbines are located in wind mentally Responsible Windpower Act of man John Duncan, a Republican, who farms containing 20 or more, but the 2005’’. is chairman of the Water Resources SEC. 2. LOCAL CONTROL FOR SITING OF WIND- number can be more than 100. They Subcommittee, and by Representative MILLS. work best, of course, where the wind Bart Gordon, a Democrat, who is the (a) LOCAL NOTIFICATION.—Prior to the Fed- blows best which, in our part of the ranking Democrat on the Science and eral Energy Regulatory Commission issuing country, is along scenic coastlines or to any wind turbine project its Exempt- Technology Committee. scenic ridgetops. Wholesale Generator Status, Market-Based Senator WARNER and I have listened Now, reasonable Members of this Rate Authority, or Qualified Facility rate to our colleagues, and we have made body may disagree about the cost, ef- schedule, the wind project shall complete its several changes in our initial bill to fectiveness, and appropriateness of Local Notification Process. (b) LOCAL NOTIFICATION PROCESS.— simplify it and to make it the kind of such wind turbines. We can have that bill we hope all Senators will think (1) In this section, the term ‘‘Local Au- debate at another time. But at least we thorities’’ means the governing body, and makes good sense. What we have done ought to be able to agree not to sub- is to simplify the local notification the senior executive of the body, at the low- sidize building them in places that est level of government that possesses au- procedures and to more precisely pro- damage our most scenic areas and thority under State law to carry out this tect scenic areas of the country with- coastlines. Act. out impacting the entire coastline. We Since wind turbines of this giant size (2) Applicant shall notify in writing the have also removed a provision regard- are such a relatively new phenomenon, Local Authorities on the day of the filing of ing military bases that was in our bill it fits our American traditions to give such Market-Based Rate application or Fed- since that can be addressed in other local communities time to stop and eral Energy Regulatory Commission Form number 556 (or a successor form) at the Fed- legislation. think about their most appropriate lo- Our revised bill would do three eral Energy Regulatory Commission. Evi- cation. dence of such notification shall be submitted things: In conclusion, Mr. President, let me to the Federal Energy Regulatory Commis- No. 1, to protect America’s most sce- emphasize that our legislation does not sion. nic treasures, such as the Grand Can- prohibit the building of a single wind (3) The Federal Energy Regulatory Com- yon, the Statue of Liberty, and the turbine. It only denies a Federal tax- mission shall notify in writing the Local Au- Great Smoky Mountains National payer subsidy in highly scenic areas. thorities within 10 days of the filing of such Park, and deny Federal subsidies for And it ensures local governments have Market-Based Rate application or Federal giant wind turbines within 20 miles of the time to review wind turbine pro- Energy Regulatory Commission Form number 556 (or a successor form) at the Federal any national park, national military posals. park, national seashore, national lake- Energy Regulatory Commission. This revised version does not give (4) The Federal Energy Regulatory Com- shore, or 20 World Heritage sites in the local authorities any power they do not mission shall not issue to the project Mar- United States. already have. It simply gives them a ket-Based Rate Authority, Exempt Whole- No. 2, to protect our most pristine little time to act. saler Generator Status, or Qualified Facility coastlines, it would deny Federal sub- We intend to offer our legislation as rate schedule, until 180 days after the date sidies for wind turbines less than 20 an amendment when the full Senate de- on which the Federal Energy Regulatory miles offshore, which is the horizon of bates the Energy bill next week, and Commission notifies the Local Authorities a national seashore, a national lake- we hope our colleagues will join us in under paragraph (3). (c) HIGHLY SCENIC AREA AND FEDERAL shore, or a National Wildlife Refuge. this effort to ensure the Federal Gov- LAND.— No. 3, to enhance local control, which ernment does not provide tax incen- (1) A Highly Scenic Area is— most of us believe in, it would give tives that ruin the beauty of our most (A) any area listed as an official United communities a 180-day timeout period pristine and scenic areas around our Nations Educational, Scientific, and Cul- from when a wind project is filed with country. tural Organization World Heritage Site, as

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supported by the Department of the Interior, World Heritage Sites: Redwood National ILLINOIS the National Park Service, and the Inter- Park, Yosemite National Park. World Heritage Sites: Cahokia Mounds national Council on Monuments and Sites; National Seashores: Point Reyes National State Historic Site. (B) land designated as a National Park; Seashore. INDIANA (C) a National Lakeshore; National Wildlife Refuqes: Castle Rock Na- (D) a National Seashore; tional Wildlife Refuge, Ellicott Slough Na- National Seashores: Indiana Dunes Na- (E) a National Wildlife Refuge that is adja- tional Wildlife Refuge, Farallon National tional Lakeshore. cent to an ocean; or Wildlife Refuge, Guadalupe-Nipomo Dunes KENTUCKY (F) a National Military Park. National Wildlife Refuge, Humboldt Bay Na- National Parks: Mammoth Cave National (2) A Qualified Wind Project is any wind- tional Wildlife Refuge, Marin Islands Na- Park. turbine project located— tional Wildlife Refuge, Salinas River Na- World Heritage Sites: Mammoth Cave Na- (A)(i) in a Highly Scenic Area; or tional Wildlife Refuge, San Diego Bay Na- tional Park. (ii) within 20 miles of the boundaries of an tional Wildlife Refuge, San Pablo Bay Na- LOUISIANA area described in subparagraph (A), (B), (C), tional Wildlife Refuge, Seal Beach National Coastal National Heritage Sites: Bayou (D), or (F) of paragraph (1); or Wildlife Refuge, Tijuana Slough National Teche National Wildlife Refuge, Big Branch (B) within 20 miles off the coast of a Na- Wildlife Refuge. National Wildlife Refuge, Breton National tional Wildlife Refuge that is adjacent to an COLORADO Wildlife Refuge, Delta National Wildlife Ref- ocean. National Parks: Black Canyon of the Gun- uge, Sabine National Wildlife Refuge, Shell (3) Prior to the Federal Energy Regulatory nison National Park, Great Sand Dunes Na- Keys National Wildlife Refuge. Commission issuing to a Qualified Wind tional Park & Preserve, Mesa Verde National Project its Exempt-Wholesale Generator MAINE Park, Rocky Mountain National Park. National Parks: Acadia National Park. Status, Market-Based Rate Authority, or World Heritage Sites: Mesa Verde. Qualified Facility rate schedule, an environ- Coastal National Wildlife Refuges: Aroos- mental impact statement shall be conducted CONNECTICUT took National Wildlife Refuge, Cross Island and completed by the lead agency in accord- Coastal National Wildlife Refuges: Stewart National Wildlife Refuge, Franklin Island ance with the National Environmental Pol- B. McKinney National Wildlife Refuge. National Wildlife Refuge, Moosehorn Na- icy Act of 1969 (42 U.S.C. 4321 et seq.). If no DELAWARE tional Wildlife Refuge, Petit Manan National Wildlife Refuge, Pond Island National Wild- lead agency is designated, the lead agency Coastal National Wildlife Refuges: Bombay life Refuge, Rachel Carson National Wildlife shall be the Department of the Interior. Hook National Wildlife Refuge, Prime Hook Refuge, Seal Island National Wildlife Refuge. (4) The environmental impact statement National Wildlife Refuge. determination shall be issued within 12 MARYLAND FLORIDA months of the date of application. National Seashores: Assateague Island Na- (5) Such environmental impact statement National Parks: Biscayne National Park, tional Seashore. review shall include a cumulative impacts Dry Tortugas National Park, Everglades Na- MASSACHUSETTS analysis addressing visual impacts and avian tional Park. mortality analysis of a Qualified Wind World Heritage Sites: Everglades National National Seashores: Cape Cod National Project. Park. Seashore. (6) A Qualified Wind Project shall not be National Seashores: Canaveral National Coastal National Wildlife Refuges: Mash- eligible for any Federal tax subsidy. Seashore, Gulf Islands National Seashore. pee National Wildlife Refuge, Massaspit Na- (d) EFFECTIVE DATE.— Coastal National Wildlife Refuge Sites: Ar- tional Wildlife Refuge, Monormoy National (1) This section shall expire 10 years after chie Carr National Wildlife Refuge, Arthur Wildlife Refuge, Nantucket National Wildlife the date of enactment of this Act. R. Marshall Loxahatchee National Wildlife Refuge, Normans Land Island National Wild- (2) Nothing in this section shall prevent or Refuge, Cedar Keys National Wildlife Refuge, life Refuge, Parker River National Wildlife discourage environmental review of any wind Chassahowitzka National Wildlife Refuge, Refuge, Thacher Island National Wildlife projects or any Qualified Wind Project on a Crocodile Lake National Wildlife Refuge, Refuge. State or local level. Crystal River National Wildlife Refuge, MICHIGAN Egmont Key National Wildlife Refuge, Great SCENIC SITES PROTECTED BY THE ENVIRON- National Parks: Isle Royale National Park. White Heron National Wildlife Refuge, Hobe MENTALLY RESPONSIBLE WINDPOWER ACT OF National Lakeshores: Pictured Rocks Na- Sound National Wildlife Refuge, Island Bay 2005 tional Lakeshore, Sleeping Bear Dunes Na- National Wildlife Refuge, J. N. Ding Darling tional Lakeshore. ALABAMA National Wildlife Refuge, Key West National MINNESOTA National Parks: Little River Canyon Na- Wildlife Refuge, Lower Suwannee National tional Preserve. Wildlife Refuge, Matlacha Pass National National Parks: Voyageurs National Park. National Military Parks: Horseshoe Bend. Wildlife Refuge, Merritt Island National MISSISSIPPI ALASKA Wildlife Refuge, National Key Deer Refuge National Seashores: Gulf Islands National National Parks: Denali National Park & National Wildlife Refuge, Passage Key Na- Seashore. Preserve, Gates of the Arctic National Park tional Wildlife Refuge, Pelican Island Na- National Military Parks: Vicksburg. & Preserve, Glacier Bay National Park & tional Wildlife Refuge, Pine Island National Coastal National Wildlife Refuges: Grand Preserve, Katmai National Park & Preserve, Wildlife Refuge, Pinellas National Wildlife Bay National Wildlife Refuge, Mississippi Kenai Fjords National Park, Kobuk Valley Refuge, St. Johns National Wildlife Refuge, Sandhill Crane National Wildlife Refuge National Park, Lake Clark National Park & St. Marks National Wildlife Refuge, St. Vin- MONTANA Preserve, Wrangell-St, Elias National Park cent National Wildlife Refuge, Ten Thousand National Parks: Yellowstone National & Preserve. Islands National Wildlife Refuge. World Heritage Sites: Glacier Bay National Park, Glacier National Park. GEORGIA World Heritage Sites: Yellowstone Na- Park & Preserve, Wrangell-St. Elias Na- tional Park. tional Park & Preserve. National Seashores: Cumberland Island Na- Coastal National Wildlife Refuges: Izembek tional Seashore. NEVADA National Wildlife Refuge, Alaska Peninsula Coastal National Wildlife Refuges: Black- National Parks: Death Valley National National Wildlife Refuge, Becharof National beard Island National Wildlife Refuge, Harris Park, Great Basin National Park. Neck National Wildlife Refuge, Wassaw Na- Wildlife Refuge, Kodiak National Wildlife NEW HAMPSHIRE Refuge, Selawik National Wildlife Refuge. tional Wildlife Refuge, Wolf Island National Wildlife Refuge. Coastal National Wildlife Refuges: Great ARIZONA Bay National Wildlife Refuge. National Parks: Grand Canyon National HAWAII NEW JERSEY Park, Petrified Forest National Park. National Parks: Haleakala National Park, World Heritage Sites: Grand Canyon Na- Hawaii Volcanoes National Park. Coastal National Wildlife Refuges: Cape tional Park. World Heritage Sites: Hawaii Volcanoes May National Wildlife Refuge, Edwin B. For- sythe National Wildlife Refuge. ARKANSAS National Park. National Parks: Hot Springs National Coastal National Wildlife Refuges: Oahu NEW MEXICO Park. Forest National Wildlife Refuge, Hanalei Na- National Parks: Carlsbad Caverns National National Military Parks: Pea Ridge. tional Wildlife Refuge, Kilauea National Park. CALIFORNIA Wildlife Refuge, Hakalau National Wildlife World Heritage Sites: Chaco Culture Na- Refuge, Kealia Pond National Wildlife Ref- National Parks: Channel Islands National tional Historical Park, Pueblo de Taos, uge, Pearl Harbor National Wildlife Refuge, Park, Death Valley National Park, Joshua Carlsbad Caverns National Park. Kakahaia National Wildlife Refuge. Tree National Park, Lassen Volcanic Na- NEW YORK tional Park, Redwood National and State IDAHO World Heritage Sites: Statue of Liberty. Parks, Sequoia & Kings Canyon National National Parks: Yellowstone National National Seashores: Fire Island National Parks, Yosemite National Park. Park. Seashore.

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NORTH CAROLINA National Park, Capitol Reef National Park, ‘‘These towers and their flashing red lights National Parks: Great Smoky Mountains Zion National Park. can be seen from more than 25 miles away. National Park. VIRGINIA ‘‘Their noise can be heard from up to a World Heritage Sites: Great Smoky Moun- National Parks: Shenandoah National half-mile away. It is a thumping and swish- tains National Park. Park. ing sound. It has been described by residents National Seashores: Cape Hatteras Na- World Heritage Sites: Monticello, Univer- that are unhappy with the noise as sounding tional Seashore, Cape Lookout National Sea- sity of Virginia Historic District like a brick wrapped in a towel tumbling in shore. National Seashores: Assateague Island Na- a clothes drier on a perpetual basis. National Military Parks: Guilford Court- tional Seashore. ‘‘These windmills produce very little power house National Military Parks: Fredericksburg since they only operate when the wind blows Coastal National Wildlife Refuges: Alli- and Spotsylvania Courthouse Battlefields. enough or doesn’t blow too much, so they are gator River National Wildlife Refuge, Cedar Coastal National Wildlife Refuges: Back usually placed in large wind farms covering Island National Wildlife Refuge, Currituck Bay National Wildlife Refuge, Chincoteague huge amounts of land. National Wildlife Refuge, Mackay Island Na- National Wildlife Refuge, Eastern Shore of ‘‘As an example, if the Congress ordered tional Wildlife Refuge, Mattamuskeet Na- Virginia National Wildlife Refuge, electric companies to build 10 percent of tional Wildlife Refuge, Pea Island National Featherstone National Wildlife Refuge, Fish- their power from renewable energy—which Wildlife Refuge, Pocosin Lakes National erman Island National Wildlife Refuge, as we have said, has to be mostly wind—and Wildlife Refuge, Swanquarter National Wild- James River National Wildlife Refuge, if we renew the current subsidy each year, by life Refuge. Mason Neck National Wildlife Refuge, the year 2025, my state of Tennessee would have at least 1,700 windmills, which would NORTH DAKOTA Nansemond National Wildlife Refuge, Occoquah Bay National Wildlife Refuge, cover land almost equal to two times the size National Parks: Theodore Roosevelt Na- Plum Tree Island National Wildlife Refuge, of the city of Knoxville.’’ tional Park. Wallops Island National Wildlife Refuge Do these revelations by Sen. Alexander, ac- OHIO companied by the prospect that $3.7 billion WASHINGTON of your taxes might be required for subsidies National Parks: Cuyahoga Valley National National Parks: Mount Rainier National Parks. over five years, cause you to want to have Park, North Cascades National Park, Olym- 100,000 of these huge, red lighted, noisy, OREGON pic National Park. thumping windmills erected throughout the National Parks: Crater Lake National World Heritage Sites: Olympic National United States, with 1,700 of them in Ten- Park. Park. nessee—perhaps in your neighborhood? Coastal National Wildlife Refuges: Bandon Coastal National Wildlife Refuges: Copalis Talk about ‘‘pollution’’ of area, sound and Marsh National Wildlife Refuge, Cape Meares National Wildlife Refuge, Flattery National sight! National Wildlife Refuge, Nestucca Bay Na- Wildlife Refuge, Grays Harbor National Surely, non-polluting nuclear power and tional Wildlife Refuge, Oregon Islands Na- Wildlife Refuge, Quillayute Needles National other energy sources would be better. The tional Wildlife Refuge, Siletz Bay National Wildlife Refuge, Willapa National Wildlife windmill subsidies could be used better to Wildlife Refuge, Three Arch Rocks National Refuge. promote cleaner, more efficient and cheaper Wildlife Refuge. WISCONSIN coal, gas and oil technology. PENNSYLVANIA National Lakeshores: Apostle Islands Na- Sen. Alexander said the purpose of his leg- World Heritage Sites: Independence Hall. tional Lakeshore. islation, in which Sen. John Warner, R-Va., National Military Parks: Gettysburg. WYOMING has joined, is to be sure that ‘‘local authorities have a chance to consider the impact of National Parks: Grand Teton National RHODE ISLAND such massive new structures before dozens or Park, Yellowstone National Park. Coastal National Wildlife Refuges: Block World Heritage Sites: Yellowstone Na- hundreds of them begin to be built in their Island National Wildlife Refuge, John H. tional Park. communities.’’ Chafee National Wildlife Refuge, Ninigret For that fair warning, we should give National Wildlife Refuge, Sachuest Point [From the Chattanooga Times Free Press, thanks. If you have seen windmill farms in National Wildlife Refuge, Trustom Pond Na- May 22, 2005] California, Texas or Hawaii, you will surely tional Wildlife Refuge. understand why the warning is appropriate. BEWARE OF WINDMILLS SOUTH CAROLINA Don Quixote thought he had problems with It was reported in the classical fictional National Parks: Congaree National Park. windmills, He hadn’t seen the kind Sen. literature of Miguel de Cervantes, and in the Alexander is talking about. National Military Parks: Kings Mountain. delightful derivative musical play ‘‘Man of Coastal National Wildlife Refuges: ACE La Mancha,’’ that Don Quixote tilted at [KnoxNews, June 9, 2005] Basin National Wildlife Refuge, Cape windmills, thinking them to be adversaries. WINDMILLS NEED COMMONSENSE APPROACH Romain National Wildlife Refuge, Pickney But in the real-life United States today, Island National Wildlife Refuge, Savannah some people are promoting the erection of U.S. Sen. Lamar Alexander has unleashed National Wildlife Refuge, Tybee National many thousands of windmills as a means of a storm of controversy among environ- Wildlife Refuge, Waccamaw National Wild- generating electric power, with too few peo- mentalists over windmills, but we think he life Refuge. ple being aware that these modern windmills is using a commonsense approach. SOUTH DAKOTA would be very real, not imaginary, adver- Alexander has introduced legislation that National Parks: Badlands National Park, saries. would restrict tax credits for new windmills, Wind Cave National Park. Sen. Lamar Alexander, R-Tenn., has intro- and he has asked TVA to place a moratorium duced a bill in Congress designed to avoid on new windmills. TENNESSEE having an army of huge windmills slip up on Alexander’s bill would give local govern- National Parks: Great Smoky Mountains us without sufficient warning. ments veto power over wind farm projects National Park. The senator says an effort is being made to and require environmental impact state- World Heritage Sites: Great Smoky Moun- require electric companies to produce 10 per- ments for windmill construction in offshore tains National Park. cent of their power from ‘‘renewable’’ areas and within 20 miles of certain scenic National Military Parks: Chickamauga and sources. That means wind, hydro, solar, geo- areas, such as the Great Smoky Mountains Chattanooga, Shiloh. thermal and biomass power. Sounds good on National Park, and military bases. TEXAS the surface, doesn’t it? The trouble is that The provision on eliminating tax credits for projects in those restricted areas, how- National Parks: Big Bend National Park, there are few opportunities for substantial ever, is what has drawn criticism from envi- Guadalupe Mountains National Park. power generation by these means except by ronmentalists and windmill manufacturers. National Seashores: Padre Island National wind. What would that mean? Stephen Smith of the Southern Alliance Seashore. ‘‘The idea of windmills,’’ said Sen. Alex- for Clean Energy said the legislation is ‘‘the Coastal National Wildlife Refuges: Ana- ander, conjures up pleasant images—of Hol- most direct assault on wind power we’ve ever huac National Wildlife Refuge, Aransas Na- land and tulips, of rural America . . . My seen by a United States senator.’’ tional Wildlife Refuge, Big Boggy National grandparents had such a windmill at their Jaime Steve, a lobbyist for the American Wildlife Refuge, Brazoria National Wildlife well pump . . . But the windmills we are Wind Energy Association, said wind energy Refuge, Laguna Atascossa National Wildlife talking about today are not your grand- could bring up to 4,500 new jobs and $4.2 bil- Refuge, McFaddin National Wildlife Refuge, mother’s windmills. lion in investment to the state in the next San Bernard National Wildlife Refuge, Texas ‘‘Each one is typically 100 yards tall, two five or six years. Point National Wildlife Refuge, Trinity stories taller than the Statue of Liberty, Alexander released a statement that said River National Wildlife Refuge taller than a football field is long. ‘‘These windmills are wider than a 747 his bill would protect scenic areas and give UTAH jumbo jet. local citizens more control. ‘‘It keeps those National Parks: Arches National Park, ‘‘Their rotor blades turn at 100 miles per 100-yard-tall, monstrous structures away Bryce Canyon National Park, Canyonlands hour. from Signal Mountain, Lookout Mountain,

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6304 CONGRESSIONAL RECORD — SENATE June 9, 2005 Roan Mountain, the Tennessee River Gorge, American experiment in self-govern- it is important to preserve and defend our the foothills of the Smokies and other highly ment, which binds together a diverse common heritage of freedom and civilization scenic areas,’’ Alexander said. people into a single Nation with com- and to ensure that future generations of ‘‘As for jobs,’’ he continued, ‘‘every Ten- Americans understand the importance of tra- nessee job is important, but I fear that hun- mon purposes. ditional American history and the principles dreds of these giant windmills across Ten- However, college students’ lack of of free government on which this Nation was nessee’s ridges could destroy our tourism in- historical literacy is quite startling, founded in order to provide the basic knowl- dustry, which could cost us tens of thousands and too few of our colleges and univer- edge that is essential to full and informed of jobs.’’ sities are focused on the task of im- participation in civic life and to the larger In remarks on the Senate floor, Alexander parting this fundamental knowledge to vibrancy of the American experiment in self- said serious questions have been raised about the next generation. A survey of stu- government, binding together a diverse peo- how much relying on wind power will raise dents at America’s top colleges found ple into a single Nation with a common pur- the cost of electricity. ‘‘My studies suggest pose. that, at a time when America needs large that seniors could not identify Valley (2) However, despite its importance, most amounts of low-cost, reliable power, wind Forge, words from the Gettysburg Ad- of the Nation’s colleges and universities no produces puny amounts of high-cost unreli- dress, or even the basic tenets of the longer require United States history or sys- able power,’’ he said. ‘‘We need lower prices; U.S. Constitution. Given high school- tematic study of Western civilization and wind power raises prices.’’ level American history questions, 81 free institutions as a prerequisite to gradua- About his request to TVA, Alexander said percent of the college seniors would tion. the moratorium should be in effect ‘‘until have received a D or F, the report (3) In addition, too many of our Nation’s the new TVA board, Congress and local offi- elementary school and secondary school his- cials can evaluate the impact on these mas- found. One college professor informed tory teachers lack the training necessary to sive structures on our electric rates, our me that her students did not know effectively teach these subjects, due largely view of the mountains and our tourism in- which side Lee was on during the Civil to the inadequacy of their teacher prepara- dustry.’’ War, or whether the Russians were al- tion. TVA Directors Bill Baxter and Skila Har- lies or enemies in World War II. A stu- (4) Distinguished historians and intellec- ris responded that TVA has no plans to build dent of hers asked why anyone should tuals fear that without a common civic more wind turbines in the next two years care what the Founding Fathers wrote. memory and a common understanding of the and beyond. remarkable individuals, events, and ideals We believe Alexander has raised some seri- As unfortunate as these findings are, that have shaped our Nation and its free in- ous questions about the effectiveness and ef- they are perhaps not surprising. A sur- stitutions, the people in the United States ficiency of wind power. While we understand vey conducted several years ago found risk losing much of what it means to be an the importance of focusing on new forms of that not one of America’s top fifty col- American, as well as the ability to fulfill the energy to reduce reliance on oil, we agree leges and universities required its stu- fundamental responsibilities of citizens in a with Alexander’s premise that we must go dents to take a course in American his- democracy. about it wisely. tory. More recently, another report (b) PURPOSES.—The purposes of this Act ‘‘I hope we decide that we need a real na- are to promote and sustain postsecondary tional energy policy instead of a national documented the extent to which our academic centers, institutes, and programs windmill policy,’’ Alexander said. top postsecondary institutions have that offer undergraduate and graduate We think that’s well said. abandoned the traditional core require- courses, support research, sponsor lectures, ments that once gave students a sys- seminars, and conferences, and develop By Mr. GREGG: temic grasp of our nation’s ideals, in- teaching materials, for the purpose of devel- S. 1209. A bill to establish and stitutions, and origins. Indeed, only oping and imparting a knowledge of traditional American history, the American strengthen postsecondary programs about a dozen undergraduate programs and courses in the subjects of tradi- Founding, and the history and nature of, and at major American colleges and univer- threats to, free institutions, or of the nature, tional American history, free institu- sities have a central focus on American history, and achievements of Western civili- tions, and Western civilization, avail- constitutional history and principles. zation, particularly for— able to students preparing to teach We are doing our students a dis- (1) undergraduate students who are en- these subjects, and to other students; service if we allow them to graduate rolled in teacher education programs, who to the Committee on Health, Edu- from an institution of higher education may consider becoming school teachers, or who wish to enhance their civic competence; cation, Labor, and Pensions. without a solid understanding of and Mr. GREGG. Mr. President, today I (2) elementary school, middle school, and appreciation for our democratic herit- secondary school teachers in need of addi- am proud to introduce the Higher Edu- age. We cannot hope to preserve our de- cation for Freedom Act. This bill will tional training in order to effectively teach mocracy without taking action to rem- in these subject areas; and establish a competitive grant program edy our students’ historical illiteracy. (3) graduate students and postsecondary making funds available to institutions As Thomas Jefferson once wrote, ‘‘If a faculty who wish to teach about these sub- of higher education, centers within nation expects to be ignorant—and ject areas with greater knowledge and effec- such institutions, and associated non- free—in a state of civilization, it ex- tiveness. profit foundations to promote both pects what never was and never will SEC. 3. DEFINITIONS. graduate and undergraduate programs In this Act: be.’’ I believe the time has come for (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi- focused on the teaching and study of Congress to do something to promote traditional American history and gov- ble institution’’ means— the teaching and study of traditional (A) an institution of higher education; ernment, and the history and achieve- American history at the postsecondary (B) a specific program within an institu- ments of Western Civilization. The pro- level, and I urge my colleagues to sup- tion of higher education; and gram will help ensure that more post- port this legislation. (C) a non-profit history or academic orga- secondary students have the oppor- I ask unanimous consent that the nization associated with higher education tunity to participate in programs fo- text of the bill be printed in the whose mission is consistent with the purposes of this Act. cused on these critical subjects and ECORD R . (2) FREE INSTITUTION.—The term ‘‘free in- that prospective teachers of history There being no objection, the bill was and government have access to a solid stitution’’ means an institution that ordered to be printed in the RECORD, as emerged out of Western civilization, such as foundation of content knowledge. follows: democracy, constitutional government, indi- Today, more than ever, it is impor- S. 1209 vidual rights, market economics, religious tant to preserve and defend our com- freedom and tolerance, and freedom of Be it enacted by the Senate and House of Rep- mon heritage of freedom and civiliza- thought and inquiry. resentatives of the United States of America in tion, and to ensure that future genera- (3) INSTITUTION OF HIGHER EDUCATION.—The Congress assembled, tions of Americans understand the im- term ‘‘institution of higher education’’ has portance of traditional American his- SECTION 1. SHORT TITLE. the meaning given the term under section This Act may be cited as the ‘‘Higher Edu- 101 of the Higher Education Act of 1965 (20 tory and the principles of free govern- cation for Freedom Act’’. ment upon which this Nation was U.S.C. 1001). SEC. 2. FINDINGS AND PURPOSES. (4) SECRETARY.—The term ‘‘Secretary’’ founded. This knowledge is not only es- (a) FINDINGS.—Congress finds the fol- means the Secretary of Education. sential to the full participation of our lowing: (5) TRADITIONAL AMERICAN HISTORY.—The citizenry in America’s civic life, but (1) Given the increased threat to American term ‘‘traditional American history’’ also to the continued success of the ideals in the trying times in which we live, means—

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6305 (A) the significant constitutional, polit- (1) $140,000,000 for fiscal year 2006; and year—everything from corn stalks and ical, intellectual, economic, and foreign pol- (2) such sums as may be necessary for each wheat straw to forest trimmings and icy trends and issues that have shaped the of the succeeding 5 fiscal years. even segregated municipal waste. This course of American history; and biomass is currently sent to landfills or (B) the key episodes, turning points, and By Mr. HARKIN (for himself, Mr. left in the fields after harvest in quan- leading figures involved in the constitu- LUGAR, Mr. OBAMA, and Mr. tities greater than that needed to pro- tional, political, intellectual, diplomatic, COLEMAN): and economic history of the United States. S. 1210. A bill to enhance the national vide natural cover and nutrient re- SEC. 4. GRANTS TO ELIGIBLE INSTITUTIONS. security of the United States by pro- placement. (a) IN GENERAL.—From amounts appro- viding for the research, development, The Natural Resources Defense Coun- priated to carry out this Act, the Secretary demonstration, administrative support, cil estimates that by 2025, an addi- shall award grants, on a competitive basis, and market mechanisms for widespread tional 200 million tons of biomass could to eligible institutions, which grants shall be deployment and commercialization of be generated each year from dedicated used for— biomass crops such as native (1) history teacher preparation initiatives, biobased fuels and biobased products, that— and for other purposes; to the Com- switchgrass, hybrid poplar and other (A) stress content mastery in traditional mittee on Agriculture, Nutrition, and woody crops, grown throughout the American history and the principles on Forestry. country. These crops require little or which the American political system is Mr. HARKIN. Mr. President, over the no fertilizer or chemical treatment, based, including the history and philosophy past 100 years, the economy of the while helping to enhance soil quality of free institutions, and the study of Western United States has become inextricably and reduce runoff. civilization; and tied to the supply of petroleum. In the Cellulose from biomass can be con- (B) provide for grantees to carry out re- early part of the 20th century, Amer- search, planning, and coordination activities verted to ethanol, to provide a clean devoted to the purposes of this Act; and ica’s abundant sources of petroleum transportation fuel with potentially (2) strengthening postsecondary programs helped drive tremendous improvements near-zero net carbon dioxide and sulfur in fields related to the American founding, in quality of life, offering greater mo- emissions, and substantially reduced free institutions, and Western civilization, bility through gasoline-powered trans- carbon monoxide, particulate and toxic particularly through— portation, and a whole host of new and emissions compared to petroleum- (A) the design and implementation of innovative products made from plastics based fuel. The Natural Resources De- courses, lecture series, and symposia, the de- and other petroleum-based chemicals. fense Council estimates that by 2050 velopment and publication of instructional But as the 20th century wore on, the biomass could supply 50 percent of the materials, and the development of new, and costs of a petroleum-based economy supporting of existing, academic centers; nation’s transportation fuel, dramati- (B) research supporting the development of grew increasingly apparent: pollution cally reducing our dependence on for- relevant course materials; of air and water became a growing risk eign oil. (C) the support of faculty teaching in un- to our health and environment, and a Other products of the biomass refin- dergraduate and graduate programs; and growing dependence on foreign imports ing process, such as biochemicals and (D) the support of graduate and post- became an increasing risk to our eco- bioplastics, can also complement or re- graduate fellowships and courses for scholars nomic and national security. Today, related to such fields. place less environmentally-friendly pe- nearly two-thirds of the oil we use troleum-based equivalents. For exam- (b) SELECTION CRITERIA.—In selecting eligi- comes from overseas, much of it from ble institutions for grants under this section ple, if all of the plastic used in the for any fiscal year, the Secretary shall estab- hostile and unstable regimes. United States were made from biomass Instability in the oil-producing re- lish criteria by regulation, which shall, at a instead of petroleum, the Nation’s oil gions of the world, the growing threat minimum, consider the education value and consumption would decrease by 90 to of global warming, and record-high relevance of the institution’s programming 145 million barrels a year. Biobased to carrying out the purposes of this Act and prices for gasoline at the pump all call plastics can also be composted and con- the expertise of key personnel in the area of for a new kind of economy for the 21st verted back to soil instead of being traditional American history and the prin- century: one based on a resource that thrown in a landfill. ciples on which the American political sys- is not only abundant, but clean, renew- tem is based, including the political and in- Biobased chemicals, lubricants and able and home-grown. tellectual history and philosophy of free in- Today, biofuels like ethanol and bio- metal-working fluids are all available stitutions, the American Founding, and in the marketplace today, and offer other key events that have contributed to diesel are making great inroads in reducing our foreign oil dependence. The safe, non-toxic alternatives to their pe- American freedom, and the study of Western troleum-based counterparts. The Na- civilization. biofuels industry will provide nearly 4 (c) GRANT APPLICATION.—An eligible insti- billion gallons of clean, domestically- tional Academies of Science found that tution that desires to receive a grant under produced fuel alternatives to gasoline biomass could meet all of the Nation’s this Act shall submit to the Secretary an ap- and diesel this year. We need to ensure needs for organic chemicals, replacing plication at such time, in such manner, and continued growth of renewable fuels, 700 million barrels of petroleum a year. containing such information as the Sec- But perhaps one of the greatest bene- retary may prescribe by regulation. first by supporting a robust Renewable Fuels Standard of at least 8 billion gal- fits of biobased fuels and products is to (d) GRANT REVIEW.—The Secretary shall es- our rural economy. A mature biomass tablish procedures for reviewing and evalu- lons a year by 2012, and then by sup- ating grants made under this Act. porting additional measures to grow industry would create more than 1 mil- (e) GRANT AWARDS.— the ‘‘bioeconomy.’’ lion jobs and generate $5 billion annu- (1) MAXIMUM AND MINIMUM GRANTS.—The That is why I am very proud today to ally in revenue for farmers. This rep- Secretary shall award each grant under this be joined by my colleagues, Senator resents a tremendous opportunity to Act in an amount that is not less than LUGAR, Senator OBAMA, and Senator grow and diversify sources of rural in- $400,000 and not more than $6,000,000. COLEMAN, in introducing the National come, while reducing our dependence (2) EXCEPTION.—A subgrant made by an eli- on foreign oil, bolstering national secu- gible institution under this Act to another Security and Bioenergy Investment eligible institution shall not be subject to Act of 2005. This important bipartisan rity and protecting the environment. the minimum amount specified in paragraph legislation provides the research, de- However, several obstacles still re- (1). velopment, demonstration, and market main. Current Federal programs to de- (f) MULTIPLE AWARDS.—For the purposes of mechanisms necessary to move this velop biomass crops, establish supply this Act, the Secretary may award more country from an economy based largely chains, and reduce the cost of biofuels than 1 grant to an eligible institution. on foreign oil, to one increasingly production are under-funded and lack (g) SUBGRANTS.—An eligible institution appropriate targeting. Potential bio- may use grant funds provided under this Act fueled with clean, renewable, domesti- to award subgrants to other eligible institu- cally-grown biomass. It is an impor- mass refinery developers remain reluc- tions at the discretion of, and subject to the tant compliment to a robust RFS, and tant to invest in construction of ‘‘next oversight of, the Secretary. a vital element of our energy future. generation’’ plants due to the high SEC. 5. AUTHORIZATION OF APPROPRIATIONS. According to the National Academies level of financial risk. And, according For the purpose of carrying out this Act, of Science, this country generates to a recent report from the Govern- there are authorized to be appropriated— nearly 300 million tons of biomass each ment Accountability Office, biobased

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6306 CONGRESSIONAL RECORD — SENATE June 9, 2005 purchase requirements and other bio- and biobased businesses that Congress SEC. 2. FINDINGS. economy measures at the U.S. Depart- is committed to advancing the bio- Congress finds that— ment of Agriculture have not been economy. With full funding, this bill (1) the Governors’ Ethanol Coalition, in the report entitled ‘‘Ethanol From Biomass given the necessary priority for full will deliver the technological advances America’s 21st Century Transportation implementation. needed to help make biobased fuels and Fuel’’, found that— A wide range of groups, including the products cost competitive with petro- (A) the dependence of the United States on Energy Future Coalition, the National leum-based equivalents, and it will oil is a major risk to national security and Commission on Energy Policy, the take a big step toward a future in economic and environmental health; Governors’ Ethanol Coalition, and the which our cars run on clean-burning re- (B) the safest and least costly approach to Natural Resources Defense Council, is newable fuels, our plastics turn to com- mitigating these risks is to set and achieve aggressive biofuels research, development, calling on Congress to invest in the post, and our Nation’s farmers fortify bioeconomy as the best direction for production and use goals; and our energy security. (C) significant investment in cellulosic the country’s energy future. The bill has strong support from a biofuels, including a dramatic expansion of The time to act is now. broad coalition of agricultural pro- existing research programs, production and This legislation implements several ducers, industry, clean energy, envi- consumer incentives, and commercialization critical measures to help ensure the ronment and national security groups. assistance, is needed; widespread deployment and commer- I have here several letters of endorse- (2) the National Academy of Sciences has cialization of biobased fuels and prod- found that there are abundant sources of ment. waste biomass, and approximately 280,000,000 ucts over the next 10 years. I ask unanimous consent that the The bill substantially updates and tons of waste biomass generated, in all re- text of the bill, and the accompanying improves the Biomass Research and gions of the United States each year; letters of endorsement, be printed in Development Act by refining its objec- (3) the Natural Resources Defense Council the RECORD. has estimated that by 2025, 200,000,000 addi- tives, providing greater focus on over- There being no objection, the bill was tional tons of biomass could be harvested coming remaining technical barriers, ordered to be printed in the RECORD, as each year from dedicated energy crops grown and increasing funding. It authorizes $1 follows: throughout the country, yielding billion in research and development $5,000,000,000 annually in profit for farmers; over five years to help today’s success- S. 1210 (4) the Department of Agriculture has esti- ful biorefineries become the biorefin- Be it enacted by the Senate and House of Rep- mated that energy derived from existing bio- eries of tomorrow, while developing ad- resentatives of the United States of America in mass supplies could displace 25 percent of vanced biomass crops, crop production Congress assembled, current petroleum imports while still meeting agricultural demands; methods, harvesting and transport SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as (5) if all diesel fuel in the United States technology to deliver abundant bio- the ‘‘National Security and Bioenergy In- were blended with a 4-percent blend of biomass to the refinery door. vestment Act of 2005’’. diesel, crude oil consumption in the United It creates a reverse auction of pro- (b) TABLE OF CONTENTS.—The table of con- States would be reduced by 300,000,000 barrels duction incentives to deliver the first tents of this Act is as follows: each year by 2016; billion gallons of cellulosic biofuels at Sec. 1. Short title; table of contents. (6) there is sufficient domestic feedstock the lowest cost to taxpayers. Each Sec. 2. Findings. for the production of at least 8,000,000,000 an- year, cellulosic biofuels refiners will Sec. 3. Definitions. nual gallons of renewable fuels, including TITLE I—BIOMASS RESEARCH AND ethanol and biodiesel, by 2012; bid for assistance on a per gallon basis. (7) the Natural Resources Defense Council DEVELOPMENT Refiners who request the lowest level has estimated that biomass could supply 50 of assistance will earn production con- Sec. 101. Definitions. percent of current transportation petroleum tracts. As the volume of biofuels pro- Sec. 102. Cooperation and coordination in demand by 2050; duction grows, competition will in- biomass research and develop- (8) the National Academy of Sciences has crease, and per gallon incentive rates ment. estimated that enough agricultural crop res- Sec. 103. Biomass Research and Develop- idue is produced each year to entirely re- will decrease. After the first billion ment Board. gallons of annual production, cellulosic place the 700,000,000 barrels of petroleum Sec. 104. Biomass Research and Develop- used in organic chemical production in 2004; ethanol is expected to be competitive ment Technical Advisory Com- (9) the Biotechnology Industry Organiza- with gasoline without government as- mittee. tion, in its report entitled ‘‘New Bio- sistance. Sec. 105. Biomass Research and Develop- technology Tools for a Cleaner Environ- It establishes a new Assistant Sec- ment Initiative. ment’’, found that if all plastics in the retary position for Energy and Bio- Sec. 106. Reports. United States were made from biomass, oil product Development at USDA to pro- Sec. 107. Funding. consumption would decrease by up to vide the necessary priority and re- Sec. 108. Termination of authority. 145,000,000 barrels per year; Sec. 109. Biomass-derived hydrogen. sources for bioenergy and bioproduct (10) the National Academy of Sciences has programs. It expands the Federal Gov- TITLE II—PRODUCTION INCENTIVES reported that biobased products have the po- ernment biobased product procurement Sec. 201. Production incentives. tential to improve the sustainability of nat- TITLE III—ASSISTANT SECRETARY OF ural resources, environmental quality, and program of the 2002 farm bill to include national security while competing economi- government contractors. It also ex- AGRICULTURE FOR ENERGY AND BIOBASED PRODUCTS cally; tends the program to the U.S. Capitol (11) the Department of Agriculture has Complex, and establishes the Capitol as Sec. 301. Assistant Secretary of Agriculture made significant advances in the under- a showcase for biobased products. for Energy and Biobased Prod- standing and use by the United States of bio- It creates grant programs to help ucts. mass as a feedstock for fuels and products; small biobased businesses with mar- TITLE IV—PROCUREMENT OF BIOBASED (12) through participation with the Depart- keting and certification of biobased PRODUCTS ment of Energy in the Biomass Research and products, and funds bioeconomy devel- Sec. 401. Federal procurement. Development Initiative, the Department of Agriculture has also made valuable contribu- opment associations and Land Grant Sec. 402. Capitol Complex procurement. Sec. 403. Education . tions, through grant-making and other ini- institutions to support the growth of Sec. 404. Regulations. tiatives, to the support of biomass research regional bioeconomies. and development at institutions throughout The legislation calls on Congress to TITLE V—BIOECONOMY GRANTS AND TAX INCENTIVES the United States; create tax incentives to encourage in- (13) the Government Accountability Office vestment in production of biobased Sec. 501. Small business bioproduct mar- has found that— keting and certification grants. (A) actions to implement the requirements fuels and products, and it provides for Sec. 502. Regional bioeconomy development of the Farm Security and Rural Investment education and outreach to promote grants. Act of 2002 (Public Law 107–171; 116 Stat. 134) producer investment in processing fa- Sec. 503. Preprocessing and harvesting dem- for purchasing biobased products have been onstration grants. cilities and to heighten consumer limited; and Sec. 504. Sense of the Senate. awareness of biobased fuels and prod- (B) greater priority by the Department of ucts. TITLE VI—OTHER PROVISIONS Agriculture would promote compliance by Together, these measures will send a Sec. 601. Education and outreach. other agencies with biobased purchasing re- strong signal to innovators, investors Sec. 602. Reports. quirements;

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(14) an Assistant Secretary of the Depart- ‘‘(2) BIOBASED FUEL.—The term ‘biobased (1) in subsections (a) and (c), by striking ment of Agriculture for Energy and Biobased fuel’ means any transportation fuel produced ‘‘industrial products’’ each place it appears Products would provide the priority, staff, from biomass. and inserting ‘‘fuels and biobased products’’; and financial resources to fully implement ‘‘(3) BIOBASED PRODUCT.—The term (2) in subsection (b)— biobased purchasing requirements and other ‘biobased product’ means a commercial or (A) in paragraph (1), by striking provisions of the energy title of the Farm industrial product (including chemicals, ma- ‘‘304(d)(1)(B)’’ and inserting ‘‘304(b)(1)(B)’’; Security and Rural Investment Act of 2002; terials, polymers, and animal feed) produced and (15) Federal government contractors and from biomass, or electric power derived in (B) in paragraph (2), by striking the Architect of the Capitol are currently ex- connection with the conversion of biomass to ‘‘304(d)(1)(A)’’ and inserting ‘‘304(b)(1)(A)’’; empt from biobased purchasing requirements fuel. and of the Farm Security and Rural Investment ‘‘(4) BIOMASS.— (3) in subsection (c)— Act of 2002; ‘‘(A) IN GENERAL.—The term ‘biomass’ (A) in paragraph (1)(B), by striking ‘‘and’’ (16) expansion of those biobased purchasing means— at the end; requirements— ‘‘(i) organic material from a plant, includ- (B) in paragraph (2), by striking the period (A) to Federal contractors would signifi- ing grasses and trees, that is planted for the at the end and inserting a semicolon; and cantly expand the market for, and advance purpose of being used to produce energy, in- (C) by adding at the end the following: commercialization of, biobased products; and cluding vegetation produced for harvest on ‘‘(3) ensure that— (B) to the Architect of the Capitol would, land enrolled in the conservation reserve ‘‘(A) solicitations are open and competitive in combination with a program of public edu- program established under subchapter B of with awards made annually; and cation, allow the Capitol Complex to serve as chapter 1 of subtitle D of title XII of the ‘‘(B) objectives and evaluation criteria of a showcase for the existence, use, and bene- Food Security Act of 1985 (16 U.S.C. 3831 et the solicitations are clearly stated and mini- fits of biobased products; seq.) if the harvest is consistent with the in- mally prescriptive, with no areas of special (17) fuel derived from cellulosic biomass tegrity of soil and water resources and with interest; and could have near-zero net carbon dioxide and other environmental purposes of the con- ‘‘(4) ensure that the panel of scientific and sulfur emissions, and substantially reduced servation reserve program; technical peers assembled under section carbon monoxide, particulate and toxic ‘‘(ii) nonhazardous, lignocellulosic, or 307(c)(2)(C) to review proposals is composed emissions relative to petroleum-based fuels; hemicellulosic matter derived from— predominantly of independent experts se- (18) the bipartisan National Commission on ‘‘(I) the following forest-related resources: lected from outside the Departments of Agri- Energy Policy has predicted that with a ‘‘(aa) pre-commercial thinnings; culture and Energy.’’. dedicated Federal research, development, ‘‘(bb) slash; and SEC. 104. BIOMASS RESEARCH AND DEVELOP- and demonstration effort, cellulosic ethanol ‘‘(cc) brush; MENT TECHNICAL ADVISORY COM- MITTEE. could be less expensive to produce than gaso- ‘‘(II) an agricultural crop, crop byproduct, Section 306 of the Biomass Research and line by 2015; or agricultural crop residue, including vege- Development Act of 2000 (Public Law 106–224; (19) the 2004 report of the Rocky Mountain tation produced for harvest on land enrolled 7 U.S.C. 8101 note) is amended— Institute, entitled ‘‘Winning the Oil in the conservation reserve program estab- (1) in subsection (b)(1)— Endgame’’, estimated that a mature biomass lished under subchapter B of chapter 1 of (A) in subparagraph (A), by striking industry would create up to 1,045,000 jobs; subtitle D of title XII of the Food Security ‘‘biobased industrial products’’ and inserting (20) the National Academy of Sciences has Act of 1985 (16 U.S.C. 3831 et seq.) if the har- ‘‘biofuels’’; found that there are significant opportuni- vest is consistent with the integrity of soil (B) by redesignating subparagraphs (B) ties to produce biomass ethanol more effi- and water resources and with other environ- through (J) as subparagraphs (C) through ciently; mental purposes of the conservation reserve (K), respectively; (21) the National Commission on Energy program; or (C) by inserting after subparagraph (A) the Policy has found that current Federal pro- ‘‘(III) miscellaneous waste, including land- following: grams directed toward reducing the cost of scape or right-of-way tree trimmings; and ‘‘(B) an individual affiliated with the biofuels are under-funded, intermittent, ‘‘(iii) agricultural animal waste. biobased industrial and commercial products scattered, and poorly targeted; ‘‘(B) EXCLUSION.—The term ‘biomass’ does industry;’’; (22) a report commissioned by the Depart- not include— (D) in subparagraph (F) (as redesignated by ment of Defense urged the United States to ‘‘(i) unsegregated municipal solid waste; subparagraph (B)) by striking ‘‘an indi- invest in a new large-scale initiative to ‘‘(ii) incineration of municipal solid waste; vidual’’ and inserting ‘‘2 individuals’’; produce biofuels as an alternative supply ‘‘(iii) recyclable post-consumer waste (E) in subparagraphs (C), (D), (G), and (I) source, and as a feedstock for future fuel ve- paper and paper products; (as redesignated by subparagraph (B)) by hicles; ‘‘(iv) painted, treated, or pressurized wood; striking ‘‘industrial products’’ each place it (23) the Consumer Federation of America ‘‘(v) wood contaminated with plastic or appears and inserting ‘‘fuels and biobased has found that the blending of ethanol into metals; or products’’; and conventional gasoline can significantly ben- ‘‘(vi) tires.’’; and (F) in subparagraph (H) (as redesignated by efit consumers by lowering prices at the (4) by inserting after paragraph (5) (as re- subparagraph (B)), by inserting ‘‘and envi- pump; designated by paragraph (2)): ronmental’’ before ‘‘analysis’’; (24) 45 leading national security, labor, and ‘‘(6) DEMONSTRATION.—The term ‘dem- (2) in subsection (c)(2)— energy policy experts joined the Energy Fu- onstration’ means demonstration of tech- (A) in subparagraph (A), by striking ture Coalition in supporting a national com- nology in a pilot plant or semi-works scale ‘‘goals’’ and inserting ‘‘objectives, purposes, mitment to cut the oil use of the United facility.’’. and considerations’’; States by 25 percent by 2025 through the SEC. 102. COOPERATION AND COORDINATION IN (B) by redesignating subparagraphs (B) and rapid development and deployment of ad- BIOMASS RESEARCH AND DEVELOP- (C) as subparagraphs (C) and (D), respec- vanced biomass, alcohol, and other available MENT. tively; petroleum fuel alternatives; and Section 304 of the Biomass Research and (C) by inserting after subparagraph (A) the (25) an aggressive effort to advance tech- Development Act of 2000 (Public Law 106–224; following: nology for conversion of biomass to fuel and 7 U.S.C. 8101 note) is amended— ‘‘(B) solicitations are open and competitive products is warranted. (1) in subsections (a) and (d), by striking with awards made annually and that objec- SEC. 3. DEFINITIONS. ‘‘industrial products’’ each place it appears tives and evaluation criteria of the solicita- In this Act: and inserting ‘‘fuels and biobased products’’; tions are clearly stated and minimally pre- (1) DEPARTMENT.—The term ‘‘Department’’ (2) by striking subsections (b) and (c); scriptive, with no areas of special interest;’’; means the Department of Agriculture. (3) by redesignating subsection (d) as sub- and (2) SECRETARY.—The term ‘‘Secretary’’ section (b); and (D) in subparagraph (C) (as redesignated by means the Secretary of Agriculture. (4) in subsection (b)(1)(A) (as redesignated subparagraph (B)) by inserting ‘‘predomi- by paragraph (3)), by striking ‘‘an officer of nantly from outside the Departments of Ag- TITLE I—BIOMASS RESEARCH AND the Department of Agriculture appointed by DEVELOPMENT riculture and Energy’’ after ‘‘technical the President to a position in the Depart- peers’’. SEC. 101. DEFINITIONS. ment before the date of the designated, by SEC. 105. BIOMASS RESEARCH AND DEVELOP- Section 303 of the Biomass Research and and with the advice and consent of the Sen- MENT INITIATIVE. Development Act of 2000 (Public Law 106–224; ate’’ and inserting: ‘‘the Assistant Secretary Section 307 of the Biomass Research and 7 U.S.C. 8101 note) is amended— of Agriculture for Energy and Biobased Prod- Development Act of 2000 (Public Law 106–224; (1) by striking paragraphs (2), (3), and (9); ucts’’. 7 U.S.C. 8101 note) is amended— (2) by redesignating paragraphs (4), (5), (6), SEC. 103. BIOMASS RESEARCH AND DEVELOP- (1) in subsection (a), by striking ‘‘research (7), and (8) as paragraphs (5), (7), (8), (9), and MENT BOARD. on biobased industrial products’’ and insert- (10) respectively; Section 305 of the Biomass Research and ing ‘‘research on, and development and dem- (3) by inserting after paragraph (1) the fol- Development Act of 2000 (Public Law 106–224; onstration of, biobased fuels and biobased lowing: 7 U.S.C. 8101 note) is amended— products, and the methods, practices and

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United States; and ‘‘(B) REPORT.—Not later than 2 years after ‘‘(2) to create jobs and enhance the eco- ‘‘(3) to assess the potential of Federal land the date of enactment of this paragraph, and nomic development of the rural economy; and land management programs as feedstock every 2 years thereafter, the Administrator ‘‘(3) to enhance the environment and public resources for biobased fuels and biobased of the Cooperative State Research, Edu- health; and products, consistent with the integrity of cation, and Extension Service and the Chief ‘‘(4) to diversify markets for raw agricul- soil and water resources and with other envi- of the Natural Resources Conservation Serv- tural and forestry products. ronmental considerations. ‘‘(e) TECHNICAL AREAS.—To advance the ob- ice shall submit to the committees of Con- jectives and purposes of the Initiative, the ‘‘(g) ELIGIBLE ENTITIES.—To be eligible for gress with jurisdiction over the Initiative a Secretary of Agriculture and the Secretary a grant, contract, or assistance under this report describing the activities conducted by of Energy, in consultation with the Adminis- section, an applicant shall be— the services under this subsection.’’. ‘‘(1) an institution of higher education; trator of the Environmental Protection SEC. 106. REPORTS. Agency and heads of other appropriate de- ‘‘(2) a national laboratory; partments and agencies (referred to in this ‘‘(3) a Federal research agency; Section 309 of the Biomass Research and section as the ‘Secretaries’), shall direct re- ‘‘(4) a State research agency; Development Act of 2000 (Public Law 106–224; search and development toward— ‘‘(5) a private sector entity; 7 U.S.C. 8101 note) is amended— ‘‘(1) feedstock production through the de- ‘‘(6) a nonprofit organization; or (1) in subsection (a)— velopment of crops and cropping systems rel- ‘‘(7) a consortium of 2 of more entities de- (A) in paragraph (2), by striking ‘‘indus- evant to production of raw materials for con- scribed in paragraphs (1) through (6). trial product’’ and inserting ‘‘fuels and version to biobased fuels and biobased prod- ‘‘(h) ADMINISTRATION.— biobased products’’; and ucts, including— ‘‘(1) IN GENERAL.—After consultation with (B) in paragraph (3), by striking ‘‘indus- ‘‘(A) development of advanced and dedi- the Board, the points of contact shall— trial products’’ each place it appears and in- cated crops with desired features, including ‘‘(A) publish annually 1 or more joint re- serting ‘‘fuels and biobased products’’; enhanced productivity, broader site range, quests for proposals for grants, contracts, (2) by redesignating subsection (b) as sub- low requirements for chemical inputs, and and assistance under this section; section (c); enhanced processing; ‘‘(B) establish a priority in grants, con- (3) by inserting after subsection (a) the fol- ‘‘(B) advanced crop production methods to tracts, and assistance under this section for lowing: achieve the features described in subpara- research that advances the objectives, pur- ‘‘(b) ASSESSMENT REPORT AND STRATEGIC graph (A); poses, and additional considerations of this PLAN.—Not later than 1 year after the date ‘‘(C) feedstock harvest, handling, trans- title; of enactment of the National Security and port, and storage; and ‘‘(C) require that grants, contracts, and as- Bioenergy Investment Act of 2005, the Sec- ‘‘(D) strategies for integrating feedstock sistance under this section be awarded com- retary and the Secretary of Energy shall production into existing managed land; petitively, on the basis of merit, after the es- jointly submit to Congress a report that— ‘‘(2) overcoming recalcitrance of cellulosic tablishment of procedures that provide for ‘‘(1) describes the status and progress of biomass through developing technologies for scientific peer review by an independent current research and development efforts in converting cellulosic biomass into inter- panel of scientific and technical peers; and both the Federal Government and private mediates that can subsequently be converted ‘‘(D) give some preference to applications sector in achieving the objectives, purposes, into biobased fuels and biobased products, in- that— and considerations of this title, specifically cluding— ‘‘(i) involve a consortia of experts from addressing each of the technical areas identi- ‘‘(A) pretreatment in combination with en- multiple institutions; fied in section 307(e); zymatic or microbial hydrolysis; and ‘‘(ii) encourage the integration of dis- ‘‘(2) describes the actions taken to imple- ‘‘(B) thermochemical approaches, includ- ciplines and application of the best technical ment the improvements directed by this ing gasification and pyrolysis; resources; and title; and ‘‘(3) product diversification through tech- ‘‘(iii) increase the geographic diversity of ‘‘(3) outlines a strategic plan for achieving nologies relevant to production of a range of demonstration projects. the objectives, purposes, and considerations biobased products (including chemicals, ani- ‘‘(2) DISTRIBUTION OF FUNDING BY TECHNICAL of this title.’’; and mal feeds, and cogenerated power) that even- AREA.—Of the funds authorized to be appro- (4) in subsection (c) (as redesignated by tually can increase the feasibility of fuel priated for activities described in this sec- paragraph (2))— production in a biorefinery, including— tion— (A) in paragraph (1)—

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(i) in subparagraph (A), by striking ‘‘pur- drogen at regional rural cooperatives, or at (A) IN GENERAL.—On initiation of the first poses described in section 307(b)’’ and insert- businesses owned by farmers, close to agri- reverse auction, and each year thereafter ing ‘‘objectives, purposes, and additional cultural operations to minimize the cost of until the earlier of the first year of annual considerations described in subsections (c) biomass transportation to large central gas- production in the United States of through (f) of section 307’’; ification plants; 1,000,000,000 gallons of cellulosic biofuels, as (ii) in subparagraph (B), by striking ‘‘and’’ (2) demonstrate low-cost electrical genera- determined by the Secretary, or 10 years at the end; tion at such rural cooperatives or farmer- after the date of enactment of this Act, the (iii) by redesignating subparagraph (C) as owned businesses, using renewable hydrogen Secretary shall conduct a reverse auction at subparagraph (D); and derived from biomass in either fuel cell gen- which— (iv) by inserting after subparagraph (B) the erators, or, as an interim cost reduction op- (i) the Secretary shall solicit bids from eli- following: tion, in conventional internal combustion gible entities; ‘‘(C) achieves the distribution of funds de- engine gensets; (ii) eligible entities shall submit— scribed in paragraphs (2) and (3) of section (3) determine the economic return to co- (I) a desired level of production incentive 307(h); and’’; and operatives or other businesses owned by on a per gallon basis; and (B) in paragraph (2), by striking ‘‘indus- farmers of producing hydrogen from biomass (II) an estimated annual production trial products’’ and inserting ‘‘fuels and and selling electricity compared to agricul- amount in gallons; and biobased products’’. tural economic returns from producing and (iii) the Secretary shall issue awards for SEC. 107. FUNDING. selling conventional crops alone; the production amount submitted, beginning (a) FUNDING.—Section 310(a)(2) of the Bio- (4) evaluate the crop yield and long-term with the eligible entity submitting the bid mass Research and Development Act of 2000 soil sustainability of growing and harvesting for the lowest level of production incentive (Public Law 106–224; 7 U.S.C. 8101 note) is of feedstocks for biomass gasification, and on a per gallon basis, until the amount of amended by striking ‘‘$14,000,000 for each of (5) demonstrate the use of a portion of the funds available for the reverse auction is fiscal years 2003 through 2007’’ and inserting biomass-derived hydrogen in various agricul- committed. ‘‘$200,000,000 for each of fiscal years 2006 tural vehicles to reduce— (B) AMOUNT OF INCENTIVE RECEIVED.—An el- through 2010’’. (A) dependence on imported fossil fuel; and igible entity selected by the Secretary (b) AUTHORIZATION OF APPROPRIATIONS.— (B) environmental impacts. through a reverse auction shall receive the Section 310(b) of the Biomass Research and (d) AUTHORIZATION FOR APPROPRIATIONS.— amount of performance incentive requested Development Act of 2000 (Public Law 106–224; There is authorized to be appropriated to in the auction for each gallon produced and 7 U.S.C. 8101 note) is amended by striking carry out this section $5,000,000 for each of sold by the entity during the first 6 years of ‘‘title $54,000,000 for each of fiscal years 2002 fiscal years 2006 through 2010. operation. through 2007’’ and inserting‘‘title $200,000,000 TITLE II—PRODUCTION INCENTIVES for fiscal year 2011 and each fiscal year (d) LIMITATIONS.—Awards under this sec- thereafter’’. SEC. 201. PRODUCTION INCENTIVES. tion shall be limited to— (1) a per gallon amount determined by the SEC. 108. TERMINATION OF AUTHORITY. (a) PURPOSE.—The purpose of this section The Biomass Research and Development is to— Secretary during the first 4 years of the pro- Act of 2000 (Public Law 106–224; 7 U.S.C. 8101 (1) accelerate deployment and commer- gram; note) is amended by striking section 311. cialization of biofuels; (2) a declining per gallon cap over the remaining lifetime of the program, to be estab- SEC. 109. BIOMASS-DERIVED HYDROGEN. (2) deliver the first 1,000,000,000 gallons of lished by the Secretary so that cellulosic (a) IN GENERAL.—The Secretary shall con- cellulosic biofuels by 2015; duct a research, development, and dem- (3) ensure biofuels produced after 2015 are biofuels produced after the first year of an- onstration program focused on the economic cost competitive with gasoline and diesel; nual cellulosic biofuels production in the production and use of hydrogen from and United States in excess of 1,000,000,000 gal- biofuels, with emphasis on the rural trans- (4) ensure that small feedstock producers lons are cost competitive with gasoline and portation and rural electrical generation and rural small businesses are full partici- diesel; sectors. pants in the development of the cellulosic (3) not more than 25 percent of the funds (b) TRANSPORTATION SECTOR OBJECTIVES.— biofuels industry. committed within each reverse auction to The objectives of the program in the trans- (b) DEFINITIONS.—In this section: any 1 project; portation sector shall be to— (1) CELLULOSIC BIOFUELS.—The term ‘‘cellu- (4) not more than $100,000,000 in any 1 year; (1) conduct research, and to develop and losic biofuels’’ means any fuel that is pro- and test processes and equipment, to produce duced from cellulosic feedstocks. (5) not more than $1,000,000,000 over the low-cost liquid biobased fuels that can be (2) ELIGIBLE ENTITY.—The term ‘‘eligible lifetime of the program. transported to distant fueling stations for entity’’ means a producer of fuel from cellu- (e) PRIORITY.—In selecting a project under the production of hydrogen or for direct use losic biofuels the production facility of the program, the Secretary shall give pri- in conventional internal combustion engine which— ority to projects that— vehicles; (A) is located in the United States; (1) demonstrate outstanding potential for (2) demonstrate the cost-effective produc- (B) meets all applicable Federal and State local and regional economic development; tion of hydrogen from liquid biobased fuels permitting requirements; (2) include agricultural producers or co- at the local fueling station, to eliminate the (C) is to begin production of cellulosic operatives of agricultural producers as eq- costs of transporting hydrogen long dis- biofuels not later than 3 years after the date uity partners in the ventures; and tances or building hydrogen pipeline net- of the reverse auction in which the producer (3) have a strategic agreement in place to works; participates; and fairly reward feedstock suppliers. (3) demonstrate the use of hydrogen de- (D) meets any financial criteria estab- (f) FUNDING.— rived from liquid biobased fuels in fuel cell lished by the Secretary. (1) IN GENERAL.—The Secretary shall use to (c) PROGRAM.— vehicles, or, as an interim cost-reduction op- carry out this title $250,000,000 of funds of the tion, in internal combustion engine hybrid (1) ESTABLISHMENT.—The Secretary, in consultation with the Secretary of Energy, Commodity Credit Corporation, to remain electric vehicles, to demonstrate sustainable available until expended. transportation with significantly reduced the Secretary of Defense, and the Adminis- trator of the Environmental Protection (2) AUTHORIZATIONS OF APPROPRIATIONS.—In local air pollution, greenhouse gas emis- addition to amounts made available under sions, and dependence on imported fossil Agency, shall establish an incentive program for the production of cellulosic biofuels. paragraph (1), there are authorized to be ap- fuels; propriated such sums as are necessary to (2) BASIS OF INCENTIVES.—Under the pro- (4) evaluate the economic return to agri- carry out this section. cultural producers producing feedstocks for gram, the Secretary shall award production liquid biobased fuels compared to agricul- incentives on a per gallon basis of cellulosic TITLE III—ASSISTANT SECRETARY OF AG- tural producer returns as of the date of en- biofuels from eligible entities, through— RICULTURE FOR ENERGY AND actment of this Act; (A) set payments per gallon of cellulosic BIOBASED PRODUCTS (5) evaluate the crop yield and long-term biofuels produced in an amount determined by the Secretary, until initiation of the first SEC. 301. ASSISTANT SECRETARY OF AGRI- soil sustainability of growing and harvesting CULTURE FOR ENERGY AND feedstocks for liquid biobased fuels; and reverse auction; and BIOBASED PRODUCTS. (6) evaluate the fuel costs to fuel cell car (B) reverse auction thereafter. owners (or hybrid electric car owners run- (3) FIRST REVERSE AUCTION.—The first re- (a) ESTABLISHMENT.—Not later than 1 year ning on hydrogen) per mile driven compared verse auction shall be held on the earlier of— after the date of enactment of this Act, the to burning gasoline in conventional vehicles. (A) not later than 1 year after the first Secretary shall establish in the Department (c) ELECTRICAL GENERATION SECTOR OBJEC- year of annual production in the United a position of Assistant Secretary of Agri- TIVES.—The objectives of the program in the States of 100,000,000 gallons of cellulosic culture for Energy and Biobased Products rural electrical generation sector shall be biofuels, as determined by the Secretary; or (referred to in this section as the ‘‘Assistant to— (B) not later than 3 years after the date of Secretary’’). (1) design, develop, and test low-cost gasifi- enactment of this Act. (b) RESPONSIBILITIES.—The Assistant Sec- cation equipment to convert biomass to hy- (4) REVERSE AUCTION PROCEDURE.— retary shall be responsible for—

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(1) the energy programs established under (2) to provide access to further information (d) MATCHING FUNDS.— title IX of the Farm Security and Rural In- on biobased products to occupants and visi- (1) IN GENERAL.—Grant recipients shall pro- vestment Act of 2002 (7 U.S.C. 8101 et seq.); tors. vide matching non-Federal funds equal to and SEC. 404. REGULATIONS. the amount of the grant received. (2) all other programs and initiatives that Requirements issued under the amendment (2) EXPENDITURE.—Matching funds shall be the Secretary considers appropriate. made by section 402 shall be made in accord- expended in advance of grant funding, so (c) CONFIRMATION REQUIREMENT.—The As- ance with regulations issued by the Com- that for every dollar of grant that is ad- sistant Secretary shall be appointed by the mittee on Rules and Administration of the vanced, an equal amount of matching funds President, by and with the advice and con- Senate and the Committee on House Admin- shall have been funded prior to submitting sent of the Senate. istration of the House of Representatives. the request for reimbursement. (d) PERSONNEL.—The Secretary, acting (e) ADMINISTRATION.—The Secretary shall through the Assistant Secretary, may trans- TITLE V—BIOECONOMY GRANTS AND TAX INCENTIVES establish such administrative requirements fer or assign work to personnel, or assign for grants under this section, including re- staff hours, on a permanent or a part-time SEC. 501. SMALL BUSINESS BIOPRODUCT MAR- quirements for applications for the grants, KETING AND CERTIFICATION basis, as needed, to the Office of the Assist- as the Secretary considers appropriate. ant Secretary to carry out the functions and GRANTS. (f) AMOUNT.—A grant made under this sec- duties of the office. (a) IN GENERAL.—Using amounts made tion shall not exceed $500,000. (e) BUDGET.—The Secretary shall establish available under subsection (g), the Secretary a budget for the office of the Assistant Sec- shall make available on a competitive basis (g) AUTHORIZATIONS OF APPROPRIATIONS.— retary. grants to eligible entities described in sub- There are authorized to be appropriated to make grants under this section— TITLE IV—PROCUREMENT OF BIOBASED section (b) for the biobased product mar- (1) $1,000,000 for fiscal year 2006; and PRODUCTS keting and certification purposes described in subsection (c). (2) such sums as are necessary for fiscal SEC. 401. FEDERAL PROCUREMENT. year 2007 and each subsequent fiscal year. (a) DEFINITION OF PROCURING AGENCY.—Sec- (b) ELIGIBLE ENTITIES.—An entity eligible tion 9001 of the Farm Security and Rural In- for a grant under this section is any manu- SEC. 503. PREPROCESSING AND HARVESTING DEMONSTRATION GRANTS. vestment Act of 2002 (7 U.S.C. 8101) is amend- facturer of biobased products that— ed— (1) has fewer than 50 employees; (a) IN GENERAL.—The Secretary shall make (1) by redesignating paragraphs (4), (5), and (2) proposes to use the grant for the grants available on a competitive basis to (6) as paragraphs (5), (6), and (7), respec- biobased product marketing and certifi- enterprises owned by agricultural producers, tively; and cation purposes described in subsection (c); for the purposes of demonstrating cost-effec- (2) by inserting after paragraph (3) the fol- and tive, cellulosic biomass innovations in— lowing: (3) has not previously received a grant (1) preprocessing of feedstocks, including cleaning, separating and sorting, mixing or ‘‘(4) PROCURING AGENCY.—The term ‘pro- under this section. curing agency’ means— (c) BIOBASED PRODUCT MARKETING AND CER- blending, and chemical or biochemical treat- ‘‘(A) any Federal agency that is using Fed- TIFICATION GRANT PURPOSES.—A grant made ments, to add value and lower the cost of eral funds for procurement; or under this section shall be used— feedstock processing at a biorefinery; or ‘‘(B) any person contracting with any Fed- (1) to plan activities and working capital (2) 1-pass or other efficient, multiple crop eral agency with respect to work performed for marketing of biobased products; and harvesting techniques. under the contract.’’. (2) to provide private sector cost sharing (b) LIMITATIONS ON GRANTS.— (b) PROCUREMENT.—Section 9002 of the for the certification of biobased products. (1) NUMBER OF GRANTS.—Not more than 5 Farm Security and Rural Investment Act of (d) MATCHING FUNDS.— demonstration projects per fiscal year shall 2002 (7 U.S.C. 8102) is amended— (1) IN GENERAL.—Grant recipients shall probe funded under this section. (1) by striking ‘‘Federal agency’’ each vide matching non-Federal funds equal to (2) NON-FEDERAL COST SHARE.—The non- place it appears (other than in subsections (f) the amount of the grant received. Federal cost share of a project under this and (g)) and inserting ‘‘procuring agency’’; (2) EXPENDITURE.—Matching funds shall be section shall be not less than 20 percent, as (2) in subsection (c)(2)— expended in advance of grant funding, so determined by the Secretary. (A) by striking ‘‘(2)’’ and all that follows that for every dollar of grant that is ad- (c) CONDITION OF GRANT.—To be eligible for through ‘‘Notwithstanding’’ and inserting vanced, an equal amount of matching funds a grant for a project under this section, a re- the following: shall have been funded prior to submitting cipient of a grant or a participating entity ‘‘(2) FLEXIBILITY.—Notwithstanding’’; the request for reimbursement. shall agree to use the material harvested (B) by striking ‘‘an agency’’ and inserting (e) AMOUNT.—A grant made under this sec- under the project— ‘‘a procuring agency’’; and tion shall not exceed $100,000. (1) to produce ethanol; or (C) by striking ‘‘the agency’’ and inserting (f) ADMINISTRATION.—The Secretary shall (2) for another energy purpose, such as the ‘‘the procuring agency’’; establish such administrative requirements generation of heat or electricity. (3) in subsection (d), by striking ‘‘procured for grants under this section, including re- (d) AUTHORIZATION FOR APPROPRIATIONS.— by Federal agencies’’ and inserting ‘‘pro- quirements for applications for the grants, There is authorized to be appropriated to cured by procuring agencies’’; and as the Secretary considers appropriate. carry out this section $5,000,000 for each of (4) in subsection (f), by striking ‘‘Federal (g) AUTHORIZATIONS OF APPROPRIATIONS.— fiscal years 2006 through 2010. agencies’’ and inserting ‘‘procuring agen- There are authorized to be appropriated to SEC. 504. SENSE OF THE SENATE. cies’’ . make grants under this section— It is the sense of the Senate that Congress SEC. 402. CAPITOL COMPLEX PROCUREMENT. (1) $1,000,000 for fiscal year 2006; and should amend the Federal tax code to en- Section 9002 of the Farm Security and (2) such sums as are necessary for fiscal courage investment in, and production and Rural Investment Act of 2002 (7 U.S.C. 8102) year 2007 and each subsequent fiscal year. use of, biobased fuels and biobased products (as amended by section 401(b)) is amended— SEC. 502. REGIONAL BIOECONOMY DEVELOP- through— (1) by redesignating subsection (j) as sub- MENT GRANTS. (1) an investment tax credit for the con- section (k); and (a) IN GENERAL.—Using amounts made struction or modification of facilities for the (2) by inserting after subsection (i) the fol- available under subsection (g), the Secretary production of fuels from cellulose biomass, lowing: shall make available on a competitive basis to drive private capital towards new bio- ‘‘(j) INCLUSION.—Not later than 90 days grants to eligible entities described in sub- refinery projects in a manner that allows after the date of enactment of the National section (b) for the purposes described in sub- participation by smaller farms and coopera- Security and Bioenergy Investment Act of section (c). tives; and 2005, the Architect of the Capitol, the Ser- (b) ELIGIBLE ENTITIES.—An entity eligible (2) an investment tax credit to small man- geant of Arms of the Senate, and the Chief for a grant under this section is any regional ufacturers of biobased products to lower the Administrative Officer of the House of Rep- bioeconomy development association, agri- capital costs of starting and maintaining a resentatives shall issue regulations that cultural or energy trade association, or Land biobased business. apply the requirements of this section to Grant institution that— TITLE VI—OTHER PROVISIONS procurement for the Capitol Complex.’’. (1) proposes to use the grant for the pur- SEC. 403. EDUCATION . poses described in subsection (c); and SEC. 601. EDUCATION AND OUTREACH. (a) IN GENERAL.—The Architect of the Cap- (2) has not previously received a grant (a) IN GENERAL.—The Secretary shall es- itol shall establish in the Capitol Complex a under this section. tablish, within the Department or through program of public education regarding use by (c) REGIONAL BIOECONOMY DEVELOPMENT an independent contracting entity, a pro- the Architect of the Capitol of biobased prod- ASSOCIATION GRANT PURPOSES.—A grant gram of education and outreach on biobased ucts. made under this section shall be used to sup- fuels and biobased products consisting of— (b) PURPOSES.—The purposes of the pro- port and promote the growth and develop- (1) training and technical assistance program shall be— ment of the bioeconomy within the region grams for feedstock producers to promote (1) to establish the Capitol Complex as a served by the eligible entity, through coordi- producer ownership, investment, and partici- showcase for the existence and benefits of nation, education, outreach, and other en- pation in the operation of processing facili- biobased products; and deavors by the eligible entity. ties; and

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(2) public education and outreach to famil- products that will encourage the develop- KATHLEEN SEBELIUS, iarize consumers with the biobased fuels and ment of new markets for corn and soybeans Vice Chair, Governor biobased products. and ultimately help to revitalize rural of Kansas. (b) AUTHORIZATION OF APPROPRIATIONS.— economies and the agriculture industry as a There is authorized to be appropriated to whole. We have been avid supporters of the ENERGY FUTURESM COALITION, carry out this title $1,000,000 for each of fis- biobased products industry, and we look for- Washington, DC, June 8, 2005. cal years 2006 through 2010. ward to working with you as you continue to Hon. TOM HARKIN, SEC. 602. REPORTS. provide vision and direction for this emerg- Hon. RICHARD G. LUGAR, (a) PROGRESS REPORT.—Not later than 1 ing industry. U.S. Senate, year after the date of enactment of this Act, Sincerely, Washington, DC. the Secretary shall submit to the Committee LEON CORZINE, DEAR SENATORS HARKIN AND LUGAR: On be- on Agriculture of the House of Representa- President, National half of the Energy Future Coalition, I am tives and the Committee on Agriculture, Nu- Corn Growers Asso- writing to commend your leadership and vi- trition, and Forestry of the Senate a report ciation. sion in drafting the National Security and on progress in establishing the Office of the NEAL BREDEHOEFT, Bioenergy Investment Act of 2005. Assistant Secretary of Agriculture for En- President, American In our judgment, America’s growing de- ergy and Biobased Products under title I. Soybean Associa- pendence on foreign oil endangers our na- (b) BIOBASED PRODUCT POTENTIAL.—Not tion. tional and economic security. We believe the later than 1 year after the date of enactment BOB DINNEEN, Federal government should undertake a of this Act, the Secretary shall submit to the President, Renewable major new initiative to curtail U.S. oil con- Committee on Agriculture of the House of Fuels Association. sumption through improved efficiency and Representatives and the Committee on Agri- the rapid development and deployment of ad- culture, Nutrition, and Forestry of the Sen- GOVERNORS’ ETHANOL COALITION, vanced biomass, alcohol and other available ate a report that— Lincoln, NE, June 9, 2005. petroleum fuel alternatives. (1) describes the economic potential for the Hon. TOM HARKIN, With such a push, we believe domestic United States of the widespread production Hart Senate Office Building, biofuels can cut the nation’s oil use by 25 and use of commercial and industrial Washington, DC. percent by 2025, and substantial further re- biobased products through calendar year Hon. BARACK OBAMA, ductions are possible through efficiency 2025; and Hart Senate Office Building, gains from advanced technologies. That is an (2) as the maximum extent practicable, Washington, DC. ambitious goal, but it is also an extraor- identifies the economic potential by product Hon. RICHARD LUGAR, dinary opportunity for American leadership, area. Hart Senate Office Building, innovation, job creation, and economic (c) ANALYSIS OF ECONOMIC INDICATORS.— Washington, DC. growth. Not later than 2 years after the date of en- Hon. NORM COLEMAN, You took an important step forward by in- actment of this Act, and every 2 years there- Hart Senate Office Building, troducing S. 650, the Fuels Security Act, in- after, the Secretary shall submit to Congress Washington, DC. corporated into the Senate energy bill duran analysis of economic indicators of the DEAR SENATORS: On behalf of the thirty ing Committee markup. This legislation is biobased economy during the 2-year period members of the Governors’ Ethanol Coali- another important step, authorizing the ad- preceding the analysis. tion, we strongly support and endorse the ditional research and development and fed- National Security and Bioenergy Investment eral incentives needed to accelerate the JUNE 9, 2005. Act of 2005, as well as your efforts to expand adoption of biobased fuels and coproducts. HON. TOM HARKIN, development of other biofue1s and co-prod- We are pleased to support it. U.S. Senate, ucts. The Governors’ Ethanol Coalition is Sincerely, Washington, DC. pleased that this bill embodies the rec- REID DETCHON. HON. RICHARD LUGAR, ommendations developed by the Coalition in U.S. Senate, Ethanol From Biomass, America’s 21st Cen- BIOTECHNOLOGY INDUSTRY Washington, DC. tury Transportation Fuel. When signed into ORGANIZATION, Re the National Security and Bioenergy In- law, this act will catalyze needed research, Washington, DC, June 8, 2005. vestment Act of 2005. production, and use of biofue1s and bio-based Hon. TOM HARKIN, DEAR SENATORS HARKIN AND LUGAR: The products, thereby enhancing our economic, Ranking Democratic Member. National Corn Growers Association (NCGA), environmental, and national security. Hon. RICHARD LUGAR, the American Soybean Association (ASA), The Coalition believes that the nation’s de- Member, U.S. Senate Committee on Agriculture, and the Renewable Fuels Association are pendency on imported oil presents a huge Nutrition and Forestry, Russell Senate Of- writing to express our support for the Na- risk to this country’s future. The combina- fice Building, Washington, DC. tional Security and Bioenergy Investment tion of political tensions in major oi1-pro- DEAR SENATORS HARKIN AND LUGAR: The Act of 2005. In particular, we strongly sup- ducing nations with growing oil demand Biotechnology Industry Organization (BIO) port the increased procurement of biobased from China and India is seriously threat- Industrial and Environmental Section fully products by Federal agencies and all Federal ening our national security. Moreover, as we supports the National Security and Bio- government contractors. Biobased products import greater amounts of oil each year, we energy Investment Act of 2005. We greatly represent a large potential growth market are draining more and more of the wealth appreciate your vision and initiative to ex- for corn and soybean growers in areas such from our states. pand the Biomass Research and Development as plastics, solvents, packaging and other The key provisions contained in your bill Act and to create new incentives to produce consumer goods to provide markets for U.S.- bring focus and resources to biomass-derived biofuels and biobased products. grown crops. The biobased product industry ethanol research and commercialization ef- America’s growing dependence on foreign has already started to grow, bringing new forts. The result, over time, will be the re- energy is eroding our national security. We products to consumers, new markets to placement of significant amounts of im- must take steps to drastically increase pro- growers and new investments to our commu- ported oil with domestically produced fuels— duction of domestic energy. As an active par- nities. improving our rural economies, cleaning our ticipant in the Energy Future Coalition, BIO The procurement of biobased products pro- air, and contributing to our national secu- believes this country needs a major new ini- motes energy and environmental security. rity. Of particular importance is the bill’s tiative to more aggressively research, de- Products made from corn and soybeans could aim to broaden ethanol production to in- velop and deploy advanced biofuels tech- replace a variety of items currently pro- clude all regions of the nation so that many nologies. With sufficient government sup- duced from petroleum, and aid in reducing more states will reap the benefits of biofuels. port, we can meet up to 25% of our transpor- dependence on imported oil. Already the pro- Again, thank you for inclusion of the Coa- tation fuel needs by converting farm crops duction of ethanol and biodiesel reduces im- lition’s recommendations in this landmark and crop residues to transportation fuel. ports by more than 140 million barrels of oil. legislation. Please let us know how the Coa- The National Security and Bioenergy In- The production of biobased products gen- lition can help with the passage of this very vestment Act of 2005 will boost the use of in- erates less greenhouse gas than traditional important legislation. The continued expan- dustrial biotechnology to produce fuels and petroleum-based items. There are also tre- sion of ethanol production and use, particu- biobased products from renewable agricul- mendous opportunities for grower-owned larly biomass-derived fuels, and the accom- tural feedstocks. With the use of new biotech processing facilities and rural American and panying economic growth and environmental tools, we can now utilize millions of tons of agriculture as a whole. New jobs and invest- benefits for our states is essential to the na- crop residues, such as corn stover and wheat ments will be brought into rural commu- tion’s long-term economic vitality and na- straw, to produce sugars that can then be nities, as new processing and manufacturing tional security. converted to ethanol, chemicals and bio- facilities move into those communities to be Sincere1y, based plastics. These biotech tools can only near renewable feed stocks. TIM PAWLENTY, be rapidly deployed if federal policy makers NCGA, ASA and RFA applaud your contin- Chair, Governor of take steps to help our innovative companies ued efforts to promote the use of biobased Minnesota. get over the initial hurdles they face during

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Supply’’ notes that by the end of 2005 dent, Biotechnology It also will expand and prioritize the United there will be 59 300mm chip fabrication Industry Organiza- States Department of Agriculture’s leader- plants with only 16 of these located in tion. ship responsibilities to promote clean and the United States. The number of U.S. sustainable energy development, and it will plants has remained constant for the NATURAL RESOURCES DEFENSE COUNCIL, increase procurement of biobased products. past two years, so as the number of Washington, DC, June 7, 2005. By significantly expanding the develop- DEAR SENATORS HARKIN AND LUGAR: The ment and production of clean energy ‘‘cash Asian foundries has risen, the share of Natural Resources Defense Council strongly crops,’’ this legislation will improve our en- these advanced chip making facilities supports the National Security and Bio- vironmental quality, stimulate significant has declined from 30 to 20 percent. This energy Investment Act of 2005, which you in- rural economic development, and strengthen report also notes that capital expendi- troduced today. This important bill would our national energy security. ELPC also ap- tures in the U.S. chip industry has fall- expand and refine research, development, preciates that this legislation reflects your en from a high of 42 percent in 2001 to demonstration and deployment efforts for longstanding support for farm-based sustain- 33 percent in 2004. Conversely, Taiwan’s the production of energy from crops grown able energy programs. ELPC strongly sup- investment has increased from 15 per- by farmers here in America. The bill would ported your successful efforts to create the also expand and improve the Department of new Energy Title in the 2002 Farm Bill, cent in 2002 to 20 percent of the world’s Agriculture’s efforts to promote a biobased which established groundbreaking new fed- capital expenditure in chip facilities economy, federal bio-energy and bio-product eral incentives for renewable energy and en- and now leads Korea, Japan, and Eu- purchasing requirements, and federal edu- ergy efficiency, while renewing existing pro- rope. cational efforts. grams such as the Biomass Research and De- There is a good explanation as to The Research and Development (R&D) title velopment Act of 2000. why countries such as Taiwan are rap- of this bill continues your tradition of lead- The National Security and Bioenergy In- idly rising in the high-technology ership in this area by updating the Biomass vestment Act of 2005 is a natural com- world. Since 1984 Taiwan has made Research and Development Act of 2000, which plement to the 2002 Farm Bill Energy Title steady increases in their investments you also crafted. This title will not only ex- programs, and it will help to strengthen sup- tend the provisions of the original bill and port for the right bioenergy production pro- in the building of science based re- greatly increase the funding for these provi- grams in the 2007 Farm Bill. Accordingly, search parks. Hsinchu, their flagship sions, it will also refine the direction of this ELPC is pleased to support this legislation. science park, now has over 324 high funding. Taken together, these changes Very truly yours, technology companies, generating over maximize the impacts of R&D on the great- HOWARD A. LEARNER, $22 billion annually in gross revenues, est challenges facing cellulosic biofuels Executive Director. and employing a high technology work today. force exceeding 100,000. This science Your bill also creates extremely important INSTITUTE FOR LOCAL SELF-RELIANCE, production incentives for the first one bil- park is bounded by two universities Washington, DC, June 6, 2005. and contains six national laboratories. lion gallons of cellulosic biofuels. The pro- Hon. TOM HARKIN, duction incentives approach taken by the U.S. Senate, Taiwan is now building science parks bill—a combination of fixed incentives per Washington, DC. in the middle and south of the island to gallon at first, switching over to a reverse DEAR SENATOR TOM HARKIN: Congratula- concentrate on other fields such as auction—will maximize the development of tions on your bill, National Security and nanoscience, optoelectronics, and bio- cellulosic biofuels production while mini- Bioenergy Investment Act of 2005. It is a technology. These parks are the result mizing the cost to taxpayers. breakthrough piece of legislation. Your well- In addition, the bill creates an Assistant of a number of carefully crafted gov- conceived bill, combining needed executive ernment policies and incentives deal- Secretary of Agriculture for Energy and branch changes, welcome increases in re- Biobased Products. Coupled with the bill’s search and development funding and innova- ing with taxes, real estate, and funda- development grants, tax incentives, biobased tive commercialization techniques, can move mental research. In the area of tech- product procurement provisions, and edu- the use of plants as a fuel and industrial ma- nology transfer, the Taiwan govern- cational program, the bill would make a terial from the margins of the economy to ment helped set up the world famous huge contribution to developing a sustain- the mainstream. I urge everyone with an in- Industrial Technology Research Insti- able biobased economy, reducing our oil de- terest in our environmental, agricultural tute (ITRI) which has over 5,000 sci- pendence and improving our national secu- and economic future to support this bill. rity. entists working to spin out laboratory Sincerely, ideas across the ‘‘valley of death’’ into The technologies advanced by this bill will DAVID MORRIS, undoubtedly make important contributions Vice President. new industries. Remarkably, the two to reducing our global warming pollution chip foundry companies which now and the air and water pollution that comes By Mr. BINGAMAN: control 70 percent of the world’s found- from our dependence on fossil fuels. We are S. 1211. A bill to establish an Office of ry market were launched from ITRI. As concerned, however, that the eligibility pro- Foreign Science and Technology As- a result of this rapid economic growth, visions for forest biomass do not exclude sensitive areas that need protecting, including sessment to enable the United States Taiwan’s technical universities are roadless areas, old growth forests, and other to effectively analyze trends in foreign now world class with their own excel- endangered forests, and do not restrict eligi- science and technology, and for other lent graduate programs. The reason bility to renewable sources or prohibit pos- purposes; to the Committee on foreign they are side-by-side with these large sible conversion of native forests to planta- Relations. science parks is to supply a steady tions. We know that you do not want to see Mr. BINGAMAN. Mr. President—I stream of talented researchers. this admirable legislation applied in ways rise today to introduce a bill that Recently, our National Academy of that exploit these features, and will be happy would establish a capability within the Sciences noted in its report, ‘‘Inter- to work with you in the future to take any national Graduate Students and steps needed if abuses arise. State Department Science Advisor’s Sincerely, Office to assess science and technology Postdoctoral Scholars,’’ that Taiwan’s KAREN WAYLAND, outside the United States. domestic economic growth has led to Legislative Director. Over the past two years I have trav- fewer Taiwanese students applying to eled to Taiwan, China and India to bet- U.S. graduate schools. For the past two ENVIRONMENTAL LAW AND ter understand why these developing decades, Taiwan’s students were the POLICY CENTER, countries’ economies were growing so core supply of talent in our innovative Chicago, IL, June 8, 2005. rapidly. I learned that in all cases the science and engineering graduate Hon. TOM HARKIN, primary reason for their robust growth school programs. Of equal concern, the Hon. RICHARD G. LUGAR, U.S. Senate, was the emergence of a well-trained successful Taiwanese scholars who at- Washington, DC. science and engineering workforce that tended graduate school in the United DEAR SENATORS HARKIN AND LUGAR: The tied directly into their highly competi- States 20 or 30 years ago are now re- Environmental Law and Policy Center tive innovation economies. turning home and giving back their

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6313 professional wisdom to advance on The bill I am introducing today, may SEC. 2. OFFICE OF FOREIGN SCIENCE AND TECH- their birth country’s high-technology be small, but the consequences are NOLOGY ASSESSMENT. leadership. enormous. This measure proposes to (a) ESTABLISHMENT.—There is established This same story holds true for India. within the Department of State an Office of authorize a capability in the office of Foreign Science and Technology Assess- My visit there this January yielded the Science Advisor to the Secretary of ment. similar observations on their rapidly State to conduct assessments of the (b) DIRECTOR.—The head of the Office shall developing high technology sector. science and technology capabilities in be a Director, who shall be the Science Advi- Since 1990, India has invested in the de- other countries such as India, China sor to the Secretary of State. velopment of software and technology and Taiwan. (c) PURPOSE.—The purpose of the Office parks and currently has over 40 spread The director of this office will report shall be to assess foreign science and tech- throughout the country. These parks to the Secretary of State’s Science Ad- nologies that have the capability to cause a were responsible for much of the high loss of high technology industrial leadership visor. The office will to the maximum in the United States. technology development in software extent possible utilize firms that can (d) OPERATION.—In preparing an assess- and biotechnology. Indeed, multi- conduct science and technology assessment of science and technology for a foreign national companies such as Intel, ments in the country of interest to country, the Director shall utilize, to the ex- Microsoft and GE have built large re- minimize and augment the federal tent feasible, United States entities capable search centers there to tap into the in- staff. That is why I have proposed giv- of operating effectively within such foreign tellectual power educated at the Indian ing the office generous contracting au- country. Institutes of Technology and the In- thorities with respect to soliciting con- (e) AVAILABILITY OF ASSESSMENTS.—The dian Institute of Science. GE’s Jack Director shall make each assessment of for- tracts and disbursing funds so that it eign science and technology prepared by the Welch R&D Center in Bangalore has may move quickly to gather informa- Office available to the public in a timely 2,300 Ph.D.’s conducting research in all tion on certain topics so that we as a manner. aspects of their product lines. India’s nation are not caught by surprise by an (f) AUTHORITIES.—In order to gain access to GE center now directs their plastics advance in a high technology area. technical knowledge, skills, and expertise plant in Indiana on how to operate Additionally, this legislation author- necessary to prepare an assessment of for- more efficiently in real time over the izes a Foreign Science and Technology eign science and technology, the Secretary internet. Intel’s research center has Assessment Panel whose purpose is to of State may utilize individuals and enter 2,000 product engineers designing the into contracts or other arrangements to ac- look over the horizon and choose topics quire needed expertise with any agency or chips Americans will use in our com- and technologies to assess, as well as instrumentality of the United States, with puters and home entertainment centers to evaluate the timeliness and quality any State, territory, possession, or any po- next holiday season. The chips de- of the reports generated. These reports litical subdivision thereof, or with any per- signed at Intel’s Bangalore center are are to be publicly available, benefiting son, firm, association, corporation, or edu- fabricated at their plant in Albu- not only our government by ensuring cational institution, with or without reim- querque. The tables have turned rather the nation’s leadership in science and bursement, and without regard to section dramatically. We used to design the engineering, but also our private sec- 3709 of the Revised Statutes (41 U.S.C. 5) or section 3324 of title 31, United States Code. chips here and then they were manu- tor, especially those high technology SEC. 3. FOREIGN SCIENCE AND TECHNOLOGY AS- factured overseas. firms that must successfully compete SESSMENT PANEL. When I visited Infosys, one of India’s in a fierce global market. The panel (a) ESTABLISHMENT.—The Secretary of largest software companies, I was ad- members, to be selected by the Sec- State shall establish a Foreign Science and vised that in 2004 they received 1.2 mil- retary of State in consultation with Technology Assessment Panel. lion on-line employment applications, the Director of the Office of Science (b) PURPOSE.—The purpose of the Panel gave a standardized test to 300,000 job and Technology Policy, will be distin- shall be to provide advice on assessments seekers interviewed 30,000, and then guished leaders who have expert knowl- performed by the Office of Foreign Science hired 10,000. They expect to repeat this edge about our competitors’ capabili- and Technology Assessment, including re- same process again this year, which il- view of foreign science and technology as- ties in science and technology. sessment reports, methodologies, subjects of lustrates the deep pool of well trained High technology moves at a rapid study, and the means of improving the qual- talent that India has available. A num- rate, and every sign I picked up from ity and timeliness of the Office. ber of the India’s leading biotech entre- my science and technology trips to (c) MEMBERSHIP.—The Panel shall consist preneurs I visited with told me they China, India, Taiwan and Japan indi- of 5 members who, by reason of professional weren’t so much afraid of losing talent cates to me that our government seems background and experience, are specially to the U.S. as they were to Singapore, to be asleep at the switch here at home qualified to provide advice on the activities with its burgeoning government invest- with regard to understanding how of science and technology in foreign countries as such activities apply to the United ments in biotechnology. quickly these countries are moving up Similar to Taiwan, the National States. the value chain from simple manufac- (d) APPOINTMENT.—The Secretary of State, Academy report also documents a rapid turing to sustained efforts in science in consultation with the Director of the Of- drop in Indian student applications to and engineering that matches if not ex- fice of Science and Technology Policy in the U.S. graduate schools. India’s rapidly ceeds us in the innovation cycle. This Executive Office of the President, shall ap- developing economy encourages the bill, while a small step forward, will point the panel members. best and brightest students to stay serve to ensure that we constantly as- (e) TERM.—A member shall be appointed to the Panel for a term of 3 years. home and study in India rather than sess where other countries are in that (f) AUTHORITY TO ACCEPT SERVICES.—Not- consider U.S. graduate schools. For the value chain and to make sure we are past 20 years, we have relied on this in- withstanding section 1342 of title 31, United doing everything possible to maintain States Code, the Secretary of State may ac- flux of the cream of the academic crop our leadership in fields of high tech- cept and employ voluntary and uncompen- I from India and Taiwan to form the nology. sated services (except for reimbursement of high-tech startup companies of Silicon I ask unanimous consent that the travel expenses) for the purposes of the Valley. text of the bill be printed in the Panel. An individual providing such a voluntary and uncompensated service may not The stark question before us—wheth- RECORD. er it involves India, Taiwan, China, or There being no objection, the bill was be considered a Federal employee, except for Singapore is: are we missing the bigger purposes of chapter 81 of title 5, United ordered to be printed in the RECORD, as States Code, with respect to job-incurred dis- picture? By the time we realize we follows: have a problem in innovation and our ability and title 28, United States Code, with S. 1211 respect to tort claims. investments in science and engineering Be it enacted by the Senate and House of Rep- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. investments, will it be too late? Will resentatives of the United States of America in There are authorized to be appropriated these Pacific Rim countries have Congress assembled, such sums as may be necessary to carry out climbed past us up the value chain, and SECTION 1. SHORT TITLE. this Act. will they be able to produce equally in- This Act may be cited as the ‘‘Foreign novative high technology product at Science and Technology Assessment Act of By Ms. STABENOW (for herself far cheaper costs? 2005’’. and Mr. LEVIN):

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6314 CONGRESSIONAL RECORD — SENATE June 9, 2005 S. 1212. A bill to require the Com- There being no objection, the bill was homeownership to millions of hard- mandant of the Coast Guard to convey ordered to be printed in the RECORD, as working families, helping them cover the Coast Guard Cutter Mackinaw, follows: the initial down payment and closing upon its scheduled decommissioning, to S. 1212 costs. the City and County of Cheboygan, Be it enacted by the Senate and House of Rep- This initiative is in keeping with our Michigan, to use for purposes of a mu- resentatives of the United States of America in longstanding national policy of encour- seum; to the Committee on Commerce, Congress assembled, aging homeownership. Science, and Transportation. SECTION 1. CONVEYANCE OF DECOMMISSIONED Owning a home has always been a Ms. STABENOW. Mr. President, I COAST GUARD CUTTER MACKINAW. fundamental part of the American rise today to introduce legislation that (a) IN GENERAL.—Upon the scheduled decommissioning of the Coast Guard Cutter dream. will convey the United States Coast MACKINAW, the Commandant of the Coast We, in Congress, have long recognized Guard Cutter Mackinaw to the City and Guard shall convey all right, title, and inter- the social and economic value in high County of Cheboygan for use as a mu- est of the United States in and to that vessel rates of homeownership through laws seum. to the City and County of Cheboygan, Michi- that we have enacted, such as the The United States Coast Guard Cut- gan, without consideration, if— mortgage interest tax deduction and ter Mackinaw, or the ‘‘Big Mac’’ as she (1) the recipient agrees— the capital gains exclusion on the sale is affectionately called, was commis- (A) to use the vessel for purposes of a mu- of a home. seum; sioned on December 20, 1944. Congress Over the life of a loan, the mortgage commissioned her construction during (B) not to use the vessel for commercial transportation purposes; interest tax deduction can save home- World War II to keep the shipping lanes (C) to make the vessel available to the owners thousands of dollars that they open during winter months to maintain United States Government if needed for use could use for other necessary family the production of steel. The Mackinaw by the Commandant in time of war or a na- expenses such as education or health has provided 60 years of outstanding tional emergency; and care. service to the communities and com- (D) to hold the Government harmless for These benefits, however, are only mercial enterprises of the Great Lakes. any claims arising from exposure to haz- available to individuals who own their ardous materials, including asbestos and pol- The Mackinaw was a state of the art own home. ice breaker ideally suited for the Great ychlorinated biphenyls (PCBs), after conveyance of the vessel, except for claims arising It is important also to note that own- Lakes because of her shallower draft, ing a home is a principle and reliable wider beam, and longer length than the from the use by the Government under subparagraph (C); source of savings as homeowners build polar ice breakers that her design was (2) the recipient has funds available that equity over the years and their homes based on. These attributes enable the will be committed to operate and maintain appreciate. Mackinaw to break a 70 foot wide chan- the vessel conveyed in good working condi- For many people, it is home equity— nel through 4 feet of solid blue ice to tion, in the form of cash, liquid assets, or a not stocks—that help them through accommodate the largest of the Great written loan commitment, and in an amount the retirement years. of at least $700,000; and Lakes ore carriers. She has also plowed In addition, owning a home insulates through a remarkable 37 feet of broken (3) the recipient agrees to any other conditions the Commandant considers appro- people from spikes in housing costs. ice. Indeed, while rents may go up, the The Mackinaw breaks ice for 12 of the priate. (b) MAINTENANCE AND DELIVERY OF VES- costs of a fixed monthly mortgage pay- 42 weeks of the Great Lakes shipping SEL.—Prior to conveyance of the vessel ment, in relative terms, will go down season. Typically, the Mackinaw begins under this section, the Commandant shall, to over the course of the mortgage. her ice breaking season in the first the extent practical, and subject to other Clearly, one of the biggest barriers to week of March in the Straights of Coast Guard mission requirements, make homeownership for working families is Mackinac and works her way up every effort to maintain the integrity of the the cost of a down payment and the through the Soo Locks, to Whitefish vessel and its equipment until the time of costs associated with closing a mort- Bay and areas of the St. Mary’s River delivery. If a conveyance is made under this before heading to Lake Superior. Dur- section, the Commandant shall deliver the gage. vessel at the place where the vessel is lo- According to the Mortgage Bankers ing her lifetime, the Mackinaw has en- cated, in its present condition, and without Association, typical closing costs on an abled the shipping season to start soon- cost to the Government. The conveyance of er and last longer to enable the annual average sized loan of $200,000 can ap- the vessel under this section shall not be proach approximately $6,000. delivery of 15 tons of iron ore and other considered a distribution in commerce for Even with mortgage products that materials. Later in the year the Macki- purposes of section 6(e) of Public Law 94–469 naw works in the lower Lakes’ areas (15 U.S.C. 2605(e)). allow a down payment of 3 percent of where she serves as a buoy tender, car- (c) OTHER EXCESS EQUIPMENT.—The Com- the value of a home, total costs can ries fuel and supplies to light stations, mandant may convey to the recipient any quickly approach $9,000. excess equipment or parts from other decom- This is an impossible amount to save serves as a training ship, and assists missioned Coast Guard vessels for use to en- vessels in distress when necessary. for those who are working hard to hance the vessel’s operability and function make ends meet. The problem is only The Mackinaw has been stationed in for purposes of a museum. Cheboygan since she began operations getting worse as home values climb in the end of December 1944. She will By Ms. STABENOW (for herself faster than families can save for a serve through the winter of 2005 and and Mr. SMITH): down payment. 2006 and then be decommissioned by S. 1213. A bill to amend the Internal To address this problem, I am intro- the Coast Guard. The Mackinaw will be Revenue Code of 1986 to allow a refund- ducing the First Time Homebuyers’ a great local attraction, encourage able credit against income tax for the Tax Credit Act of 2005. tourism, build jobs and aid the local purchase of a principal residence by a My bill authorizes a one-time tax economy. first-time homebuyer; to the Com- credit of up to $3,000 for individuals and The City of Cheboygan and the sur- mittee on Finance. $6,000 for married couples. rounding community are committed to Ms. STABENOW. Mr. President, I be- This credit is similar to the existing transforming this historic landmark lieve ‘‘home’’ is one of the warmest mortgage interest tax deduction in into a museum after she has been de- words in the English language. At the that it creates incentives for people to commissioned. I am hopeful that she end of a long day, I think the favorite buy a home. will be maintained for the public for phrase of every hardworking man and To be eligible for the credit, tax- years to come. While her age has made woman in this country is: ‘‘Well, I’ll payers must be first-time homebuyers her expensive to maintain, the Macki- see you tomorrow. I’m going home who were within the 25 percent bracket naw can still teach our children and now.’’ or lower in the year before they pur- visitors of Michigan’s Great Lakes her- And, that is why I rise today to in- chase their home. That is $71,950 for itage. troduce the First Time Homebuyers’ single filers, $102,800 for heads of house- I ask unanimous consent that the Tax Credit Act of 2005. hold, and $119,950 for joint returns. text of the bill be printed in the The bill I am introducing will spread There is a dollar-for-dollar phase-out RECORD. that warmth by opening the door to beyond the cap.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6315 Normally, tax credits like this are an tors. Realtors. Lenders. Title insurers. graph (A) shall be increased by an amount after-the-fact benefit. They do little to And so on. And there is a ripple of eco- equal to $3,000, multiplied by the cost-of-liv- get people actually into a home. nomic activity by the new homeowners ing adjustment determined under section What is particularly innovative and as they fix up their new homes and get 1(f)(3) for the calendar year in which the tax- beneficial about the tax credit in this settled in. able year begins by substituting ‘2004’ for ‘1992’ in subparagraph (B) thereof. If the bill, however, is that, for the first time, Housing has been such a bright light $3,000 amount as adjusted under the pre- the taxpayer can either claim the cred- in the sluggish economy we’ve faced for ceding sentence is not a multiple of $10, such it in the year after he or she buys a the last several years. My bill is de- amount shall be rounded to the nearest mul- first home or the taxpayer can transfer signed to ensure that the housing sec- tiple of $10. the credit directly to a lender at clos- tor remains a strong component of our ‘‘(2) TAXABLE INCOME LIMITATION.— ing. economy. ‘‘(A) IN GENERAL.—If the taxable income of The transferred credit would go to- Finally, let me close by emphasizing the taxpayer for any taxable year exceeds ward helping with the down payment how happy and proud I am that this tax the maximum taxable income in the table or closing costs. This is cash at the legislation is bipartisan. In a closely under subsection (a), (b), (c), or (d) of section table. divided Senate, and a closely divided 1, whichever is applicable, to which the 25 As mandated in the bill, the eligible percent rate applies, the dollar amounts in Congress, it is so important to work effect under paragraph (1)(A)(i) for such tax- homebuyer would have the money for across the aisle and Senator SMITH, payer for the following taxable year shall be the lender from the Treasury within 30 who is a real champion for good hous- reduced (but not below zero) by the amount days of application. ing policy, is someone I want to work of the excess. I am happy to say that this legisla- closely with on this bill and other im- ‘‘(B) CHANGE IN RETURN STATUS.—In the tion has had strong support. When this portant housing legislation. He under- case of married individuals filing a joint re- bill was first introduced in 2003 it gar- stands how housing tax benefits help turn for any taxable year who did not file nered the support of: The American build strong communities and provide such a joint return for the preceding taxable Bankers Association, America’s Com- economic security for millions of fami- year, subparagraph (A) shall be applied by munity Bankers, the Housing Partner- lies. reference to the highest taxable income of ship Network, the National Housing I am committed to seeing this legis- either such individual for the preceding taxable year. Conference, the National Congress for lation passed. And, I welcome the Community Economic Development, chance to work with all of my col- ‘‘(c) TRANSFER OF CREDIT.— the National Council of La Raza, the leagues to see the dream of homeown- ‘‘(1) IN GENERAL.—A taxpayer may transfer all or a portion of the credit allowable under National Association of Affordable ership expanded to all people. Housing Lenders, the Manufactured subsection (a) to 1 or more persons as pay- Home. Sentimentally, it is one of the ment of any liability of the taxpayer arising Housing Institute, Fannie Mae, Freddie warmest words in the English lan- out of— Mac, National Community Reinvest- guage. Economically, it’s the key word ‘‘(A) the downpayment of any portion of ment Coalition, Standard Federal in bringing millions of families in from the purchase price of the principal residence, Bank, Habitat for Humanity, and, the the cold and letting them begin build- and National American Indian Housing ing wealth for themselves and their ‘‘(B) closing costs in connection with the Council. family. purchase (including any points or other fees Clearly, the breadth and diversity of I ask unanimous consent that the incurred in financing the purchase). support is strong for this legislation. text of this legislation be printed in ‘‘(2) CREDIT TRANSFER MECHANISM.— ‘‘(A) IN GENERAL.—Not less than 180 days This is a bold and aggressive effort to the RECORD. after the date of the enactment of this sec- reach out to a large number of working There being no objection, the bill was families to help them get into this first tion, the Secretary shall establish and imple- ordered to be printed in the RECORD, as ment a credit transfer mechanism for pur- home. follows: poses of paragraph (1). Such mechanism shall The Joint Committee on Taxation S. 1213 require the Secretary to— has estimated that more than fifteen Be it enacted by the Senate and House of Rep- ‘‘(i) certify that the taxpayer is eligible to million working people would get into resentatives of the United States of America in receive the credit provided by this section their first home over the next seven Congress assembled, with respect to the purchase of a principal years because of this new tax credit. SECTION 1. SHORT TITLE. residence and that the transferee is eligible We are working to send a message to This Act may be cited as the ‘‘First-Time to receive the credit transfer, people all over the country that if you Homebuyers’ Tax Credit Act of 2005’’. ‘‘(ii) certify that the taxpayer has not received the credit provided by this section are working hard to save up enough to SEC. 2. REFUNDABLE CREDIT FOR FIRST-TIME get into that first home, the Federal HOMEBUYERS. with respect to the purchase of any other principal residence, government will make a strategic in- (a) IN GENERAL.—Subpart C of part IV of ‘‘(iii) certify the credit transfer amount vestment in your family—it will offer a subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable which will be paid to the transferee, and hand up. ‘‘(iv) require any transferee that directly This is not unlike what we already do credits) is amended by redesignating section 36 as section 37 and by inserting after section receives the credit transfer amount from the through the mortgage interest tax de- 35 the following new section: Secretary to notify the taxpayer within 14 duction for millions of people who are ‘‘SEC. 36. PURCHASE OF PRINCIPAL RESIDENCE days of the receipt of such amount. fortunate enough to already own their BY FIRST-TIME HOMEBUYER. Any check, certificate, or voucher issued by own home. ‘‘(a) ALLOWANCE OF CREDIT.—In the case of the Secretary pursuant to this paragraph We certainly won’t do all the hard an individual who is a first-time homebuyer shall include the taxpayer identification work for you. You must be frugal and of a principal residence in the United States number of the taxpayer and the address of save and do most of the work yourself, during any taxable year, there shall be al- the principal residence being purchased. lowed as a credit against the tax imposed by ‘‘(B) TIMELY RECEIPT.—The Secretary shall but we, in Congress, understand that it issue the credit transfer amount not less is good for America to enhance home- this subtitle for the taxable year an amount equal to 10 percent of the purchase price of than 30 days after the date of the receipt of ownership. the residence. an application for a credit transfer. We also understand that this sort of ‘‘(b) LIMITATIONS.— ‘‘(3) PAYMENT OF INTEREST.— investment in working families stimu- ‘‘(1) MAXIMUM DOLLAR AMOUNT.— ‘‘(A) IN GENERAL.—Notwithstanding any lates the economy. ‘‘(A) IN GENERAL.—The credit allowed other provision of this title, the Secretary No one can deny that when the First under subsection (a) shall not exceed the ex- shall pay interest on any amount which is Time Homebuyers’ Tax Credit is en- cess (if any) of— not paid to a person during the 30-day period acted and used by millions of people, ‘‘(i) $3,000 (2 times such amount in the case described in paragraph (2)(B). every single time the credit is used, it of a joint return), over ‘‘(B) AMOUNT OF INTEREST.—Interest under subparagraph (A) shall be allowed and paid— will be stimulative. Why? ‘‘(ii) the credit transfer amount determined under subsection (c) with respect to ‘‘(i) from the day after the 30-day period Because it means someone bought a the purchase to which subsection (a) applies. described in paragraph (2)(B) to the date pay- house. And that generates economic ‘‘(B) INFLATION ADJUSTMENT.—In the case ment is made, and activity for multiple small business of any taxable year beginning after Decem- ‘‘(ii) at the overpayment rate established people. House appraisers and Inspec- ber 31, 2005, the $3,000 amount under subpara- under section 6621.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6316 CONGRESSIONAL RECORD — SENATE June 9, 2005 ‘‘(C) EXCEPTION.—This paragraph shall not ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No credit Time Homebuyer Bill would provide a apply to failures to make payments as a re- shall be allowed under subsection (a) for any tax credit of up to $3,000 to individuals sult of any natural disaster or other cir- expense for which a deduction or credit is al- and up to $6,000 for families falling cumstance beyond the control of the Sec- lowed under any other provision of this chap- retary. ter. within or below the 27 percent tax ‘‘(4) EFFECT ON LEGAL RIGHTS AND OBLIGA- ‘‘(f) BASIS ADJUSTMENT.—For purposes of bracket. TIONS.—Nothing in this subsection shall be this subtitle, if a credit is allowed under this The bill would allow first-time home- construed to— section with respect to the purchase of any buyers to claim the credit on their tax ‘‘(A) require a lender to complete a loan residence, the basis of such residence shall be return or transfer the credit directly to transaction before the credit transfer reduced by the amount of the credit so al- the lender at closing, providing an im- amount has been transferred to the lender, lowed. mediate benefit to potential home- ‘‘(g) PROPERTY TO WHICH SECTION AP- or owners. This credit is similar to the ‘‘(B) prevent a lender from altering the PLIES.— terms of a loan (including the rate, points, ‘‘(1) IN GENERAL.—The provisions of this Washington DC Homebuyers’ Tax Cred- fees, and other costs) due to changes in mar- section apply to a principal residence if— it. ket conditions or other factors during the ‘‘(A) the taxpayer purchases the residence While Congress has enacted legisla- period of time between the application by on or after January 1, 2005, and before Janu- tion to increase incentives for home- the taxpayer for a credit transfer and the re- ary 1, 2010, or ownership in the past, including the ceipt by the lender of the credit transfer ‘‘(B) the taxpayer enters into, on or after mortgage interest tax deduction, these amount. January 1, 2005, and before January 1, 2010, a benefits are available only to those ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For binding contract to purchase the residence, purposes of this section— and purchases and occupies the residence be- who already own a home. In contrast, ‘‘(1) FIRST-TIME HOMEBUYER.— fore July 1, 2011.’’. the First Time Homebuyer Bill will ‘‘(A) IN GENERAL.—The term ‘first-time (b) CONFORMING AMENDMENTS.— help increase homeownership among homebuyer’ has the same meaning as when (1) Subsection (a) of section 1016 of the In- those who are working towards their used in section 72(t)(8)(D)(i). ternal Revenue Code of 1986 (relating to gen- first home purchase. ‘‘(B) ONE-TIME ONLY.—If an individual is eral rule for adjustments to basis) is amend- I thank you for the opportunity to treated as a first-time homebuyer with reed by striking ‘‘and’’ at the end of paragraph speak today, and I urge my colleagues spect to any principal residence, such indi- (30), by striking the period at the end of to support this important legislation. vidual may not be treated as a first-time paragraph (31) and inserting ‘‘, and’’, and by homebuyer with respect to any other prin- adding at the end the following new para- By Ms. SNOWE (for himself, Mr. cipal residence. graph: ‘‘(C) MARRIED INDIVIDUALS FILING JOINT- ‘‘(32) in the case of a residence with respect REID, Mr. WARNER, Mr. LEAHY, LY.—In the case of married individuals who to which a credit was allowed under section Mr. CHAFEE, Mrs. MURRAY, Mr. file a joint return, the credit under this sec- 36, to the extent provided in section 36(f).’’. KENNEDY, Mr. AKAKA, Mr. DUR- tion is allowable only if both individuals are (2) Section 1324(b)(2) of title 31, United BIN, Ms. CANTWELL, and Mr. first-time homebuyers. States Code, is amended by striking ‘‘or’’ be- LAUTENBERG): ‘‘(D) OTHER TAXPAYERS.—If 2 or more indi- fore ‘‘enacted’’ and by inserting before the S. 1214. A bill to require equitable viduals who are not married purchase a prin- period at the end ‘‘, or from section 36 of coverage of prescription contraceptive cipal residence— such Code’’. drugs and devices, and contraceptive ‘‘(i) the credit under this section is allow- (c) CLERICAL AMENDMENT.—The table of able only if each of the individuals is a first- sections for subpart C of part IV of sub- services under health plans; to the time homebuyer, and chapter A of chapter 1 of the Internal Rev- Committee on Health, Education, ‘‘(ii) the amount of the credit allowed enue Code of 1986 is amended by striking the Labor, and Pensions. under subsection (a) shall be allocated item relating to section 36 and inserting the Ms. SNOWE. Mr. President, this year among such individuals in such manner as following new items: well over 6 million pregnancies will the Secretary may prescribe, except that the ‘‘Sec. 36. Purchase of principal residence by occur in America. The challenge of total amount of the credits allowed to all first-time homebuyer. raising healthy children and preparing such individuals shall not exceed the amount ‘‘Sec. 37. Overpayments of tax.’’. them for a changing world is a stag- in effect under subsection (b)(1)(A) for indi- (d) EFFECTIVE DATE.—The amendments viduals filing joint returns. made by this section shall apply to taxable gering one indeed. This is even more so ‘‘(2) PRINCIPAL RESIDENCE.—The term ‘prin- years beginning after December 31, 2004. when so frequently both parents are cipal residence’ has the same meaning as Mr. SMITH. Mr. President, today I working. So it is tragic that half of all when used in section 121. Except as provided pregnancies today are unplanned. In in regulations, an interest in a partnership, introduce important legislation to enable more Americans to realize the too many cases, this means that the S corporation, or trust which owns an inter- necessary financial, emotional and est in a residence shall not be treated as an dream of homeownership. The First- interest in a residence for purposes of this Time Homebuyers’ Tax Credit Act that other resources for parenting are sim- paragraph. Senator STABENOW and I are intro- ply not present. I think we certainly ‘‘(3) PURCHASE.— ducing would give a one-time tax cred- share a broad consensus that every ‘‘(A) IN GENERAL.—The term ‘purchase’ it that will help more Americans to be- child should be wanted, and that par- means any acquisition, but only if— come homeowners. ents should have the resources to en- ‘‘(i) the property is not acquired from a Homeownership brings safety and sure their child’s health and success. person whose relationship to the person ac- stability to families and their commu- This week we have commemorated quiring it would result in the disallowance of the 40th anniversary of a landmark Su- losses under section 267 or 707(b) (but, in ap- nities. People who own their homes plying section 267 (b) and (c) for purposes of have the security of knowing that they preme Court decision, that of Griswold this section, paragraph (4) of section 267(c) have a reliable investment, and they v. Connecticut, in which the right of shall be treated as providing that the family are protected from spikes in housing married couples to contraceptives and of an individual shall include only the indi- costs. Yet despite these advantages, family planning counseling was recog- vidual’s spouse, ancestors, and lineal de- barriers exist for many who are look- nized. Yet less than a decade ago, when scendants), and ing to make the leap to homeowner- we examined the state of contraceptive ‘‘(ii) the basis of the property in the hands ship. coverage by insurance plans, it cer- of the person acquiring it is not deter- tainly was discouraging. While many mined— Even for families and individuals who ‘‘(I) in whole or in part by reference to the can make monthly mortgage pay- health plans included coverage for pre- adjusted basis of such property in the hands ments, down payment and closing costs scription drugs, nearly half did not of the person from whom acquired, or can prove too great a burden. Based on cover even oral contraceptives. Need- ‘‘(II) under section 1014(a) (relating to information from the Mortgage Bank- less to say, many other contraceptive property acquired from a decedent). ers Association, the average loan of options for women, such as the dia- ‘‘(B) CONSTRUCTION.—A residence which is $175,000 would incur closing costs of ap- phragm, implants, and injectable constructed by the taxpayer shall be treated proximately $4,000. Combined with even methods were covered even less fre- as purchased by the taxpayer. a modest down-payment of as little as quently. This is disturbing, as contra- ‘‘(4) PURCHASE PRICE.—The term ‘purchase price’ means the adjusted basis of the prin- 3 percent of a home’s value, total costs ception is so vital to a woman’s health. cipal residence on the date of acquisition can quickly approach $9,000 or more. Most women will spend just a few years (within the meaning of section To help Americans achieve the dream attempting to conceive, with the aver- 72(t)(8)(D)(iii)). of private homeownership, the First- age woman desiring two children. That

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6317 leaves about 30 years in which women All we are saying is that if an em- In the 40 years since this landmark need access to safe, affordable contra- ployer provides insurance coverage for decision, increased access to birth con- ceptives. all other prescription drugs, they must trol has contributed to a dramatic im- The benefits of contraception should also provide coverage for FDA-ap- provement in maternal and infant be obvious. The maternal death rate in proved prescription contraceptives—it health and has drastically reduced the the U.S. is only one third what it was is that simple, it is that fair, and it infant death rate in our country. back in 1965 before Griswold. The same builds on existing law and jurispru- In spite of these advances, we still is true for infant survival. Family dence. have a long way to go. The United planning preserves a woman’s health, The approach we are taking today States has among the highest rates of and allows couples to ensure that they has already been endorsed by a total of unintended pregnancies of all industri- have the means to give every child the 29 States—including my home State of alized nations. Half of all pregnancies attention, support, and resources they Maine—that have passed similar laws in the United States are unintended, need. since 1998. This is real progress but this and nearly half of those end in abor- So today I am joining again with piecemeal approach to fairness leaves tion. Senator REID to introduce legislation many American women at the mercy of Making contraception more acces- to ensure broader access to contracep- geography when it comes to the cov- sible and affordable is one crucial step tion—to ensure that the promise of erage they deserve. toward reducing unintended preg- Griswold v. Connecticut is fully real- But fairness is not the only issue. We nancies, reducing abortions and im- ized. I thank him for his ongoing lead- believe that EPICC not only makes proving women’s health. ership on this issue. We both agree that sense in terms of the cost of contracep- We cannot allow the pendulum to contraception coverage is essential to tives for women, but also as a means swing backwards. That is why Senator reducing unwanted pregnancies and to bridging the pro-choice pro-life chasm SNOWE and I are reintroducing the Eq- ensuring that every couple can employ by helping prevent unintended preg- uity in Prescription and Contraception family planning. The Equity in Pre- nancies and thereby also preventing Coverage Act of 2005, EPICC. Over the scription Insurance and Contraceptive abortions. The fact of the matter is, we last 8 years, Senator SNOWE and I have Coverage Act, which we again intro- know that there are over three million joined together to advance this impor- duce today, will assure that for those unintended pregnancies every year in tant legislation. plans which provide prescription drug the United States. We also know that The EPICC legislation is also a crit- coverage, contraceptive coverage is not almost half of those pregnancies result ical component of the Prevention First excluded. It further ensures that con- from women who do not use contracep- Act, S. 20. This legislation includes a traceptive services are provided equi- tives. Most of the other half involved number of provisions that will improve tably with other outpatient services. inconsistent or incorrect use of contra- Such coverage is just what the Insti- women’s health, reduce the rate of un- tute of Medicine called for back in 1995, ceptives—and in many of these cases, intended pregnancy and reduce abor- when the Institute reported that a lack the women would benefit from coun- tions. of coverage was a major contributor to seling or provision of a contraceptive The legislation we are introducing unwanted pregnancy. Expanding the which is more appropriate to their cir- today proves we can find not only com- proportion of health plans which cover cumstances. mon ground, but also a commonsense Surveys consistently demonstrate contraception is one of the Surgeon solution to these important challenges. that almost nine out of ten Americans General’s objectives for the Healthy By making sure women can afford People 2010 plan. We can certainly support contraception access and over their prescription contraceptives, our achieve that objective and ensure that 75 percent support laws requiring bill will help to reduce the staggering in 2010, unwanted pregnancies are ex- health insurance plans to cover meth- rates of unintended pregnancy in the ceedingly rare. ods of contraception such as birth con- United States, and reduce abortions. Some may argue that such a man- trol pills. It is a national tragedy that half of date creates yet more costs for pro- The question before us is, if EPICC- all pregnancies nationwide are unin- viders, but the evidence fails to support style coverage is good enough for 9 mil- tended, and that half of those will end that notion. We have seen that for lion Federal employees and their de- in abortions. It is a tragedy, but it every dollar in public funds which is in- pendents, if it is good enough for every doesn’t have to be. If we work together, vested in family planning, three dollars Member of Congress and every Senator, we can prevent these unintended preg- is saved in Medicaid costs for preg- why is not it good enough for the nancies and abortions. nancy-related health care and medical American people? One of the most important steps we care for newborns. Indeed after we Women should have control over can take to prevent unintended preg- acted in 1998 to assure coverage to their reproductive health. It is the best nancies, and to reduce abortions, is to women in the Federal Employees interests of their overall health, their make sure American women have ac- Health Benefits Program, the Office of children and their future children’s cess to affordable, effective contracep- Personnel Management concluded in health—and when we have fewer unin- tion. 2001 that there was no cost increase due tended pregnancies, we will reduce the There are a number of safe and effec- to coverage. number of abortions. We need to finally tive contraceptives available by pre- Many health providers have come to fix this inequity in prescription drug scription. Used properly, they greatly the same conclusion. I note that ap- coverage and make certain that all reduce the rate of unintended preg- proximately 90 percent of plans now American women have access to this nancies. cover the leading methods of reversible most basic health need. I thank all of However, many women simply can’t contraception. So we have come a long those who have supported us in this ef- afford these prescriptions, and their in- way. fort, and call upon each of my col- surance doesn’t pay for them, even There should be no mistake—this leagues to join us to ensure that more though it covers other prescriptions. issue boils down the principles of basic couples have access to family planning This is not fair. We know women on fairness—fairness for half this Nation’s to reduce unwanted pregnancies, and to average earn less than men, yet they population, fairness in how we view assure the health and security of must pay far more than men for and treat a woman’s reproductive American families. health-related expenses. health versus every other kind of Mr. REID. Mr. President, this week According to the Women’s Research health care need that can be addressed marks the fortieth anniversary of the and Education Institute, women of re- with prescription drugs. The facts are U.S. Supreme Court decision in Gris- productive age pay 68 percent more in not in dispute B the lack of equitable wold v. Connecticut that struck down a out-of-pocket medical expenses than coverage of prescription contraceptives Connecticut law that had made the use men, largely due to their reproductive has a very real impact on the lives of of birth control by married couples il- health-care needs. America’s women and, therefore, our legal. This decision laid the ground- Because many women can’t afford society as a whole. This is not over- work for widespread access to birth the prescription contraceptives they statement, this is reality. control for all American women. would like to use, many do without

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6318 CONGRESSIONAL RECORD — SENATE June 9, 2005 them, and the result, all too often, is MURRAY, Mr. COCHRAN, Mr. coastal conservation initiatives unintended pregnancy and abortion. KERRY, Mr. INOUYE, and Mrs. throughout the country. For instance, This isn’t an isolated problem. The FEINSTEIN): I have worked hard to secure signifi- fact is, a majority of women in this S. 1215. A bill to authorize the acqui- cant funds for the Great Bay estuary in country are covered by health insur- sition of interests in underdeveloped New Hampshire. This estuary is the ance plans that do not provide cov- coastal areas in order better to ensure jewel of the seacoast region, and is erage for prescription contraceptives their protection from development; to home to a wide variety of plants and This is unfair to women. It is bad pol- the Committee on Commerce, Science, animal species that are particularly icy that causes additional unintended and Transportation. threatened by encroaching develop- pregnancies, and adversely affects Mr. GREGG. Mr. President, I rise ment and environmental pollutants. By women’s health. today along with Senator MIKULSKI to working with local communities to Senator SNOWE and I first introduced introduce the Coastal and Estuarine purchase lands or easements on these our legislation in 1997. Since then, the Land Protection Act. We are intro- valuable parcels of land, New Hamp- Viagra pill went on the market, and ducing this much needed coastal pro- shire has been able to successfully con- one month later it was covered by most tection act along with Senators SAR- serve the natural and scenic heritage of insurance policies. BANES, BIDEN, CORZINE, SNOWE, REED, this vital estuary. Birth control pills have been on the CANTWELL, MURRAY, COCHRAN, KERRY, Programs such as the Coastal and Es- market since 1960, and today, 45 years WYDEN, and INOUYE. In addition, this tuarine Land Protection program will later, they are covered by only one- legislation is supported by the Trust further enable other States to partici- third of health insurance policies. for Public Land, Coastal States Organi- pate in these community-based con- So, today we find ourselves in the in- zation, International Association of servation efforts in coastal areas. This explicable situation where most insur- Fish and Wildlife Agencies, Association program was modeled after the U.S. ance policies pay for Viagra, but not of National Estuary Programs, the Department of Agriculture’s successful for prescription contraceptives that Land Trust Alliance, Society for the Forest Legacy Program, which has prevent unintentional pregnancies and Protection of New Hampshire Forests, conserved millions of acres of produc- abortions. The Conservation Fund, NH Audubon, tive and ecologically significant forest This isn’t fair, and it isn’t even cost- Restore America’s Estuaries, and Na- land around the county. effective, because most insurance poli- tional Estuarine Research Reserve As- I welcome the opportunity to offer cies do cover sterilization and abortion sociation. this important legislation, with my procedures. In other words, they won’t The Coastal and Estuarine Land Pro- good friend from Maryland, Senator pay for the pills that could prevent an tection Act promotes coordinated land MIKULSKI. I am thankful for her leader- abortion, but they will pay for the pro- acquisition and protection efforts in ship on this issue, and look forward to cedure itself, which is much more cost- coastal and estuarine areas by fos- working with her to make the vision ly. tering partnerships between non- for this legislation a reality, and to The Federal Employee Health Bene- governmental organizations and Fed- successfully conserve our coastal lands fits Program, which has provided con- eral, State, and local governments. As for their ecological, historical, rec- traceptive coverage for several years, clearly outlined by the U.S. Commis- reational, and aesthetic values. shows that adding such coverage does sion of Ocean Policy, these efforts are By Mr. CORZINE: not make the plan more expensive. urgently needed. With Americans rap- S. 1216. A bill to require financial in- In December 2000, the U.S. Equal Em- idly moving to the coast, pressures to stitutions and financial service pro- ployment Opportunity Commission, develop critical coastal ecosystems are viders to notify customers of the unau- EEOC ruled that an employer’s failure increasing. There are fewer and fewer thorized use of personal financial infor- to include insurance coverage for pre- undeveloped and pristine areas left in mation, and for other purposes; to the scription contraceptives, when other the Nation’s coastal and estuarine wa- Committee on Banking, Housing, and prescription drugs and devices are cov- tersheds. These areas provide impor- Urban Affairs. ered, constitutes unlawful sex discrimi- tant nursery habitat for two-thirds of Mr. CORZINE. Mr. President, iden- nation under Title VII of the Civil the Nation’s commercial fish and shell- tity theft is a serious and growing con- Rights Act of 1964. fish, provide nesting and foraging habi- cern facing our Nation’s consumers. On June 12, 2001, a Federal district tat for coastal birds, harbor significant According to the Federal Trade Com- court in Seattle made the same finding natural plant communities, and serve mission, nearly 10 million Americans in the case of Erickson vs. Bartell Drug to facilitate coastal flood control and were the victims of identity theft in Company. pollutant filtration. 2003, three times the number of victims These decisions confirm what we The Coastal and Estuarine Land Pro- just 3 years earlier. Research shows have known all along: contraceptive tection Act pairs willing sellers that there are more than 13 identity coverage is a matter of equity and fair- through community-based initiatives thefts every minute. ness for women. with sources of Federal funds to en- According to the Identity Theft Re- We are not asking for special treat- hance environmental protection. Lands source Center, identity theft victims ment of contraceptives, only equitable can be acquired in full or through ease- spend on average nearly 600 hours re- treatment within the context of an ex- ments, and none of the lands purchased covering from the crime. Additional re- isting prescription drug benefit. through this program would be held by search indicates the costs of lost wages This legislation is right because it is the Federal Government. This bill puts and income as a result of the crime can fair to women. land conservation initiatives in the soar as high as $16,000 per incident. No It is right because it is more cost-ef- hands of State and local communities. one wants to suffer this kind of hard- fective than other services, including This new program, authorized through ship. abortions, sterilizations and tubal the National Oceanic and Atmospheric Events this week have further served ligations, costly procedures that most Administration at $60,000,000 per year, to highlight how serious the problem insurance companies routinely cover. would provide Federal matching funds has become. The announcement by And it is right because it will prevent to States with approved coastal man- Citigroup that a box of computer tapes unintended pregnancies and reduce agement programs or to National Estu- containing information on 3.9 million abortions, goals we all share. arine Research Reserves through a customers was lost by United Parcel This is common sense, common- competitive grant process. Federal Service in my own State of New Jersey ground legislation, and it is long over- matching funds may not exceed 75 per- while in transit to a credit reporting due. cent of the cost of a project under this agency is the latest in a line of recent, program, and non-Federal sources may high profile incidents. In fact, I myself By Mr. GREGG (for himself, Ms, count in-kind support toward their por- was a victim of a similar recent loss of MIKULSKI, Mr. SARBANES, Mr. tion of the cost share. computer tapes by Bank of America. BIDEN, Mr. CORZINE, Ms. SNOWE, This coastal land protection program In both of these cases, Citigroup and Mr. REED, Ms. CANTWELL, Mrs. provides much need support for local Bank of America acted responsibly and

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6319 notified possible victims in a prompt means the last name of an individual in com- ‘‘(ii) a conspicuous posting on the Internet and timely manner. But this is not al- bination with any 1 or more of the following website of the financial institution, if the fi- ways the case. data elements, when either the name or the nancial institution maintains such a At the very least, consumers deserve data elements are not encrypted: website; or ‘‘(A) Social security number. ‘‘(iii) notification through the media that a to be made aware when their personal ‘‘(B) Driver’s license number or State iden- breach of personal financial information has information has been compromised. tification number. occurred or is suspected that compromises Right now, they must hope that the ‘‘(C) Account number, credit or debit card the security, confidentiality, or integrity of laws of a few individual States, such as number, in combination with any required customer information of the financial insti- California, apply to their case, or that security code, access code, or password that tution; or victimized institutions will act respon- would permit access to the financial account ‘‘(D) in such other form as the Federal sibly on their own. of an individual. Trade Commission may by rule prescribe; ‘‘(b) NOTIFICATION TO CUSTOMERS RELATING The legislation I am introducing and TO UNAUTHORIZED ACCESS OF PERSONAL FI- ‘‘(2) to consumer reporting agencies and today, the Financial Privacy Breach NANCIAL INFORMATION.— law enforcement agencies (where appro- Notification Act of 2005, would protect ‘‘(1) FINANCIAL INSTITUTION REQUIREMENT.— priate), in such form as the Federal Trade consumers by requiring prompt notifi- In any case in which there has been a breach Commission may prescribe, by rule. cation by any financial institution or of personal financial information at a finan- ‘‘(f) CONTENT OF NOTIFICATION.—Each noti- affiliated data broker in all cases, sub- cial institution, or such a breach is reason- fication to a customer under subsection (b) ject, of course, to the concerns of law ably believed to have occurred, the financial shall include— enforcement agencies. It would also re- institution shall promptly notify— ‘‘(1) a statement that— ‘‘(A) each customer affected by the viola- quire automatic inclusion of fraud ‘‘(A) credit reporting agencies have been tion or suspected violation; notified of the relevant breach or suspected alerts in victim’s credit files to mini- ‘‘(B) each consumer reporting agency de- breach; and mize the damage done. scribed in section 603(p) of the Fair Credit ‘‘(B) the credit report and file of the cus- Notification by itself won’t solve ev- Reporting Act (15 U.S.C. 1681a); and tomer will contain a fraud alert to make erything, but it is an important first ‘‘(C) appropriate law enforcement agencies, creditors aware of the breach or suspected step that requires immediate atten- in any case in which the financial institution breach, and to inform creditors that the ex- tion. I intend to introduce more com- has reason to believe that the breach or sus- press authorization of the customer is re- prehensive legislation in the very near pected breach affects a large number of cus- quired for any new issuance or extension of tomers, including as described in subsection credit (in accordance with section 605(g) of future to further protect consumers (e)(1)(C), subject to regulations of the Fed- against the growing threat of identity the Fair Credit Reporting Act); and eral Trade Commission. ‘‘(2) such other information as the Federal theft, but requiring notification in a ‘‘(2) OTHER ENTITIES.—For purposes of para- Trade Commission determines is appro- uniform fashion is an important and graph (1), any person that maintains per- priate. urgently needed first step. sonal financial information for or on behalf ‘‘(g) COMPLIANCE.—Notwithstanding sub- It is imperative that we take action of a financial institution shall promptly no- section (e), a financial institution shall be to combat the growing threat of identify the financial institution of any case in deemed to be in compliance with this sec- tity theft. This crime harms individ- which such customer information has been, tion, if— or is reasonably believed to have been, ‘‘(1) the financial institution has estab- uals and families, and drags down our breached. economy in the form of lost produc- lished a comprehensive information security ‘‘(c) TIMELINESS OF NOTIFICATION.—Notifi- program that is consistent with the stand- tivity and capital. We can do more and cation required by this section shall be ards prescribed by the appropriate regu- we must do more. made— latory body under section 501(b); Mr. President, I ask unanimous con- ‘‘(1) promptly and without unreasonable ‘‘(2) the financial institution notifies af- sent that the text of the bill be printed delay, upon discovery of the breach or sus- fected customers and consumer reporting pected breach; and in the RECORD. agencies in accordance with its own internal ‘‘(2) consistent with— There being no objection, the bill was information security policies in the event of ‘‘(A) the legitimate needs of law enforce- a breach or suspected breach of personal fi- ordered to be printed in the RECORD, as ment, as provided in subsection (d); and follows: nancial information; and ‘‘(B) any measures necessary to determine ‘‘(3) such internal security policies incor- S. 1216 the scope of the breach or restore the reason- porate notification procedures that are con- Be it enacted by the Senate and House of Rep- able integrity of the information security sistent with the requirements of this section resentatives of the United States of America in system of the financial institution. and the rules of the Federal Trade Commis- ‘‘(d) DELAYS FOR LAW ENFORCEMENT PUR- Congress assembled, sion under this section. POSES.—Notification required by this section SECTION 1. SHORT TITLE. may be delayed if a law enforcement agency ‘‘(h) CIVIL PENALTIES.— This Act may be cited as the ‘‘Financial determines that the notification would im- ‘‘(1) DAMAGES.—Any customer injured by a Privacy Breach Notification Act of 2005’’. pede a criminal investigation, and in any violation of this section may institute a civil SEC. 2. TIMELY NOTIFICATION OF UNAUTHOR- such case, notification shall be made action to recover damages arising from that IZED ACCESS TO PERSONAL FINAN- promptly after the law enforcement agency violation. CIAL INFORMATION. determines that it would not compromise ‘‘(2) INJUNCTIONS.—Actions of a financial Subtitle B of title V of the Gramm-Leach- the investigation. institution in violation or potential viola- Bliley Act (15 U.S.C. 6821 et seq.) is amend- ‘‘(e) FORM OF NOTICE.—Notification re- tion of this section may be enjoined. ed— quired by this section may be provided— ‘‘(3) CUMULATIVE EFFECT.—The rights and (1) by redesignating sections 526 and 527 as ‘‘(1) to a customer— remedies available under this section are in sections 528 and 529, respectively; and ‘‘(A) in written notification; addition to any other rights and remedies (2) by inserting after section 525 the fol- ‘‘(B) in electronic form, if the notice pro- available under applicable law. lowing: vided is consistent with the provisions re- ‘‘(i) RULES OF CONSTRUCTION.— ‘‘SEC. 526. NOTIFICATION TO CUSTOMERS OF UN- garding electronic records and signatures set ‘‘(1) IN GENERAL.—Compliance with this AUTHORIZED ACCESS TO PERSONAL forth in section 101 of the Electronic Signa- section by a financial institution shall not FINANCIAL INFORMATION. tures in Global and National Commerce Act be construed to be a violation of any provi- ‘‘(a) DEFINITIONS.—In this section: (15 U.S.C. 7001); sion of subtitle (A), or any other provision of ‘‘(1) BREACH.—The term ‘breach’— ‘‘(C) if the Federal Trade Commission de- Federal or State law prohibiting the disclo- ‘‘(A) means the unauthorized acquisition, termines that the number of all customers sure of financial information to third par- or loss, of computerized data or paper affected by, or the cost of providing notifica- ties. records which compromises the security, tions relating to, a single breach or sus- ‘‘(2) LIMITATION.—Except as specifically confidentiality, or integrity of personal fi- pected breach would make other forms of no- provided in this section, nothing in this sec- nancial information maintained by or on be- tification prohibitive, or in any case in tion requires or authorizes a financial insti- half of a financial institution; and which the financial institution certifies in tution to disclose information that it is oth- ‘‘(B) does not include a good faith acquisi- writing to the Federal Trade Commission erwise prohibited from disclosing under sub- tion of personal financial information by an that it does not have sufficient customer title A or any other provision of Federal or employee or agent of a financial institution contact information to comply with other State law. for a business purpose of the institution, if forms of notification, in the form of— ‘‘(j) ENFORCEMENT.—The Federal Trade the personal financial information is not ‘‘(i) an e-mail notice, if the financial insti- Commission is authorized to enforce compli- subject to further unauthorized disclosure. tution has access to an e-mail address for the ance with this section, including the assess- ‘‘(2) PERSONAL FINANCIAL INFORMATION.— affected customer that it has reason to be- ment of fines for violations of subsection The term ‘personal financial information’ lieve is accurate; (b)(1).’’.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6320 CONGRESSIONAL RECORD — SENATE June 9, 2005 SEC. 3. EFFECTIVE DATE. What happens to the health and well- To ascertain the impact the waiting This Act shall take effect on the expiration being of people waiting more than 21⁄2 period has on the lives of these citi- of the date which is 6 months after the date years before they finally receive criti- zens, the Commonwealth Fund and the of enactment of this Act. cally needed Medicare coverage? Ac- Christopher Reeve Paralysis Founda- By Mr. BINGAMAN (for himself, cording to Karen Davis, president of tion conducted a follow-up to ‘‘gain in- Mr. DEWINE, Mr. CORZINE, Mr. the Commonwealth Fund, which has sight into the experiences of people DURBIN, Mr. SCHUMER, Mr. conducted 2 important studies on the with disabilities under age 65 in the JOHNSON, Ms. CANTWELL, Mr. issue, ‘‘Individuals in the waiting pe- Medicare 2-year waiting period.’’ Ac- LAUTENBERG, Ms. STABENOW, riod for Medicare suffer from a broad cording to that second report entitled range of debilitating diseases and are Mr. KENNEDY, Mrs. CLINTON, ‘‘Waiting for Medicare: Experiences of in urgent need of appropriate medical Mr. KERRY, Ms. MIKULSKI, Mr. Uninsured People with Disabilities in care to manage their conditions. Elimi- AKAKA, Mr. SALAZAR, and Mr. the Two-Year Waiting Period for Medi- nating the 2-year wait would ensure ac- SARBANES): care’’ in October 2004, ‘‘Most of these S. 1217. A bill to amend title II of the cess to care for those already on the individuals must invariably get by Social Security Act to phase out the way to Medicare.’’ with some combination of living one Again, we are talking about individ- 24-month waiting period for disabled day at a time, assertiveness, faith, and uals that have been determined to be individuals to become eligible for medi- sheer luck.’’ unable to engage in any ‘‘substantial, care benefits, to eliminate the waiting One person in the waiting period with gainful activity’’ because of either a period for individuals with life-threat- a spinal cord injury from Atlanta, physical or mental impairment that is ening conditions, and for other pur- Georgia, seeking medical treatment for expected to result in death or to con- poses; to the Committee on Finance. their condition was told to simply ‘‘try tinue for at least 12 months. These are Mr. BINGAMAN. Mr. President, I rise not to get sick for 2 years.’’ As the in- people that, by definition, are in more today to introduce bipartisan legisla- dividual said in response, ‘‘None of us need of health coverage than anybody tion entitled ‘‘Ending the Medicare TRIED to become disabled.’’ else in our society. Of the 1.2 million Disability Waiting Period Act of 2005’’ The people that we have spoken to in people stuck in the 2-year waiting pe- with Senators DEWINE, CORZINE, DUR- the waiting period, since the introduc- riod at any given time, it is estimated BIN, SCHUMER, JOHNSON, CANTWELL, tion of this legislation last year, talk that one-third, or 400,000, are left com- LAUTENBERG, STABENOW, KENNEDY, about foregoing critically needed med- pletely uninsured. The consequences CLINTON, KERRY, MIKULSKI, AKAKA, are unacceptable and are, in fact, dire. ical treatment, stopping medications SALAZAR, and SARBANES. This legisla- In fact, various studies show that and therapy, feeling dismayed and de- tion would phase-out the current 2- death rates among SSDI recipients are pressed about their lives and future, year waiting period that people with highest during the first 2 years of en- and feeling a loss of control over their disabilities must endure after quali- rollment while waiting to be covered lives and independence while in the fying for Social Security Disability In- by Medicare. For example, the Com- waiting period. surance (SSDI). In the interim or as monwealth Fund report, entitled These testimonials and appeals in the waiting period is being phased out, ‘‘Elimination of Medicare’s Waiting support of this legislation are often the bill would also create a process by Period for Seriously Disabled Adults: emotional and intense. Some describe which the Secretary can immediately Impact on Coverage and Costs,’’ 4 per- the waiting period as a ‘‘living night- waive the waiting period for people cent of these people die during the mare’’ and appropriately ask how it is with life-threatening illnesses. waiting period. In other words, it is es- possible that their government is doing When Medicare was expanded in 1972 timated that of the estimated 400,000 this to them. to include people with significant dis- uninsured disabled Americans in the In fact, some have had the unfortu- abilities, lawmakers created the 24- waiting period at any given time, 16,000 nate fate of having received SSI and month waiting period. According to a of them will die awaiting Medicare cov- Medicaid coverage, applied for SSDI, July 2003 report from the Common- erage. Let me repeat . . . 16,000 of the and then lost their Medicaid coverage wealth Fund, it is estimated that over 400,000 uninsured disabled in the wait- because they were not aware that the 1.2 million SSDI beneficiaries are in ing period at any given moment will change in income, when they received the Medicare waiting period at any die while waiting for Medicare cov- SSDI, would push them over the finan- given time, ‘‘all of whom are unable to erage to begin. cial limits for Medicaid. In such a case, work because of their disability and Moreover, this does not factor in the and let me emphasize this point, the most of whom have serious health serious health problems that others ex- government is effectively taking their problems, low incomes, and limited ac- perience while waiting for Medicare health care coverage away because cess to health insurance.’’ coverage during the 2-year period. Al- they are so severely disabled. The stated reason at the time was to though there is no direct data on the Therefore, for some in the waiting limit the fiscal cost of the provision. profile of SSDI beneficiaries in the 2- period, their battle is often as much However, I would assert that there is year waiting period, the Common- with the government as it is with their no reason, be it fiscal or moral, to tell wealth Fund has undertaken a separate medical condition, disease, or dis- people that they must wait longer than analysis of the Medicare Current Bene- ability. 2 years after becoming severely dis- ficiary Survey for 1998 to get a good Nobody could possible think this abled before we provide them access to sense of the demographic characteris- makes any sense. much needed health care. tics, income, and health conditions of House Ways and Means Chairman In fact, it is important to note that this group. BILL THOMAS questioned the rationale there really are actually three waiting According to the analysis, ‘‘. . . 45 of the waiting period in a press con- periods that are imposed upon people percent of nonelderly Medicare bene- ference on April 29, 2005. seeking to qualify for SSDI. First, ficiaries with disabilities had incomes As the Medicare Rights Center has there is the disability determination below the Federal poverty line, and 77 said, ‘‘By forcing Americans with dis- process through the Social Security percent had incomes below 200 percent abilities to wait 24 months for Medi- Administration, which often takes of poverty. Fifth-nine percent reported care coverage, the current law effec- many months or even longer than a that they were in fair or poor health; of tively sentences these people to inad- year in some cases. Second, once a this group, more than 90 percent re- equate health care, poverty, or death worker has been certified as having a ported that they suffered from one or . . . Since disability can strike anyone, severe or permanent disability, they more chronic illnesses, including ar- at any point in life, the 24-month wait- must wait an additional 5 months be- thritis (52 percent), hypertension (46 ing period should be of concern to ev- fore receiving their first SSDI check. percent), mental disorder (36 percent), eryone, not just the millions of Ameri- And third, after receiving that first heart condition (35 percent), chronic cans with disabilities today.’’ SSDI check, there is the 2-year period lung disease (26 percent), cancer (20 Although elimination of the Medi- that people must wait before their percent), diabetes (19 percent), and care waiting period will certainly in- Medicare coverage begins. stroke (12 percent).’’ crease Medicare costs, it is important

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6321 to note that there will be some cor- Furthermore, I would like to commend SUPPORTING ORGANIZATIONS responding decrease in Medicaid costs. Representative GENE GREEN of Texas Acid Maltase Deficiency Association Medicaid, which is financed by both for his introduction of the companion AIDS Foundation of Chicago Federal and State governments, often bill in the House of Representatives The AIDS Institute provides coverage for a subset of dis- and for his work, diligence, and com- AIDS Project Los Angeles abled Americans in the waiting period, mitment to this issue. Air Compassion America I urge passage of this legislation and Alzheimer’s Association as long as they meet certain income American Academy of Audiology and asset limits. Income limits are ask unanimous consent that a fact American Academy of HIV Medicine typically at or below the poverty level, sheet, which includes a list of original American Congress of Rehabilitation Medi- including at just 74 percent of the pov- supporting organizations for the legis- cine (ACRM) erty line in New Mexico, with assets lation, and the text of the bill be print- American Congress of Community Sup- generally limited to just $2,000 for indi- ed in the RECORD. ports and Employment Services (ACCSES) viduals and $3,000 for couples. There being no objection, the mate- American Dance Therapy Association The Commonwealth Fund estimates rials were ordered to be printed in the American Gastroenterological Association that, of the 1.26 million people in the RECORD as follows: American Network of Community Options and Resources FACT SHEET waiting period, 40 percent are enrolled American Occupational Therapy Associa- in Medicaid. As a result, the Common- ENDING THE MEDICARE DISABILITY WAITING tion wealth Fund estimates in the study PERIOD ACT OF 2005 American Psychological Association that Federal Medicaid savings would Senators Jeff Bingaman (D–NM) and Mike Angel Flight Mid-Atlantic offset nearly 30 percent of the in- DeWine (R–OH) are preparing to introduce The Arc of the United States the ‘‘Medicare Disability Waiting Period Act creased costs. Furthermore, States, Association for Community Affiliated of 2005.’’ The bill would, over 10 years, com- Plans which have been struggling financially pletely phase-out the two-year waiting pe- with their Medicaid programs, would Association of University Centers on Dis- riod which Americans with disabilities must abilities (AUCD) reap a windfall that would help them endure before receiving Medicare coverage. Benign Essential Blepharospasm Research better manage their Medicaid pro- The legislation also creates a process by Foundation grams. which the Secretary can immediately waive Brian Tumor Action Network Furthermore, from a continuity of the waiting period for people with life- California Health Advocates threatening illnesses. Center for Medicare Advocacy, Inc. care point of view, it makes little sense When Medicare was expanded in 1972 to in- Coalition for Pulmonary Fibrosis that somebody with disabilities must clude people who have significant disabil- Community Action New Mexico leave their job and their health pro- ities, lawmakers created a ‘‘Medicare wait- Disability Service Providers of America viders associated with that plan, move ing period.’’ Before they can get Medicare (DSPA) coverage, people with disabilities must first on the Medicaid to often have a dif- Empowering Our Communities in New receive Social Security Disability Insurance ferent set of providers, to then switch Mexico (SSDI) for 24 months. Generally, SSDI begins to Medicare and yet another set of pro- Families USA five months after an individual’s disability viders. The cost, both financial and Family Voices has been certified. As a result, people with Gay Men’s Health Crisis personal, of not providing access to disabilities face three consecutive waiting Harm Reduction Coalition care or poorly coordinated care serv- periods prior to getting health coverage: (1) Hereditary Hemorrhagic Telangiectasia ices for these seriously ill people dur- a determination of SSDI approval from the (HHT) Foundation International ing the waiting period may be greater Social Security Administration; (2) a five- HIV Medicine Association month waiting period to receive SSDI; and, in many cases than providing health HIVictorious, Inc., Madison, WI (3) another 24-month waiting period to get coverage. Medicare Rights Center Medicare coverage. And finally, private-sector employers Mercy Medical Airlift and employees in those risk-pools Because of the 24-month Medicare waiting period, an estimated 400,000 Americans with Miami, ACT UP would also benefit from the passage of disabilities are uninsured and many more are National Alliance for the Mentally Ill the bill. As the 2003 report notes, ‘‘. . . underinsured at a time in their lives when (NAMI) to the extent that disabled adults rely the need for health coverage is most dire, National Alliance of State and Territorial on coverage through their prior em- Dale and Verdier, The Commonwealth Fund, AIDS Directors (NASTAD) ployer or their spouse’s employer, July 2003. In fact, various studies show that National Association of Children’s Behav- death rates among SSDI recipients are high- ioral Health eliminating the waiting period would National Association of Councils on Devel- also produce savings to employers who est during the first two years of enrollment, Mauney, AMA, June 2002. For example, ac- opmental Disabilities (NACDD) provide this coverage.’’ National Association of Protection and Ad- To address concerns about costs and cording to the Commonwealth Fund, 4 percent of these people die during the waiting vocacy Systems (NAPAS) immediate impact on the Medicare pro- period. National Ataxia Foundation gram, the legislation phases out the There is an important exception to the 24- National Health Law Program (NHeLP) waiting period over a 10-year period. In month waiting period and that is for individ- National Kidney Foundation the interim, the legislation would cre- uals with amyothrophic lateral sclerosis National Mental Health Association ate a process by which others with life- (ALS), also known as Lou Gehrig’s disease, National Minority AIDS Council and for hospice services. The ALS exception National Organization for Rare Disorders threatening illnesses could also get an (NORD) exception to the waiting period. Con- passed the Congress in December 2000 and went into effect July 1, 2001. National Patient Advocacy Foundation gress has previously extended such an ‘‘Ending the Medicare Waiting Period Act National Women’s Law Center exception to the waiting period for in- of 2005’’ would, over 10 years, phase-out the New Mexico AIDS Services dividuals with amyothrophic lateral waiting period and would also, in the in- New Mexico Medical Society sclerosis (ALS), also known as Lou terim, create a process by which others with New Mexico POZ Coalition Gehrig’s disease, and for hospice serv- life-threatening illnesses, like ALS, could New Mexico Public Health Association ices. The ALS exception passed the also get an exception to the waiting period. North American Brain Tumor Coalition Paralyzed Veterans of America Congress in December 2000 and went As the Medicare Rights Center has said, ‘‘By forcing Americans with disabilities to Power Mobility Coalition into effect July 1, 2001. Thus, the legis- wait 24 months for Medicare coverage, the Reflex Sympathetic Dystrophy Syndrome lation would extend the exception to current law effectively sentences these peo- Association of America all people with life-threatening ill- ple to inadequate health care, poverty or Senior Citizens Law Office, New Mexico nesses in the waiting period. death. . . . Since disability can strike any- Southern New Hampshire HIV/AIDS Task I would like to thank Senator one, at any point in life, the 24-month wait- Force DEWINE and the other original cospon- ing period should be of concern to everyone, Special Olympics sors, including Senators CORZINE, DUR- not just the millions of Americans with dis- The Title II Community AIDS National Network BIN, SCHUMER, JOHNSON, CANTWELL, abilities today.’’ If you have any questions or need addi- United Cerebral Palsy LAUTENBERG, STABENOW, KENNEDY, tional information, please contact Bruce United Spinal Association CLINTON, KERRY, MIKULSKI, AKAKA, Lesley in Senator BINGAMAN’s office at 202– Utah AIDS Foundation SALAZAR, and SARBANES, for supporting 224–5521 or Abby Kral in Senator DEWINE’s Visiting Nurse Associations of America this critically important legislation. office at 202–224–7900. Von Hippel-Lindau Family Alliance

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S. 1217 (3) MEDICARE COVERAGE.—Section 1837(g)(1) tute of Medicine study authorized under this Be it enacted by the Senate and House of Rep- of such Act (42 U.S.C. 1395p(g)(1)) is amended section. resentatives of the United States of America in by striking ‘‘of the later of (A) April 1973 or (c) AUTHORIZATION OF APPROPRIATIONS.— Congress assembled, (B) the third month before the 25th month of There is authorized to be appropriated to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. such entitlement’’ and inserting ‘‘of the carry out this section $750,000 for the period (a) SHORT TITLE.—This Act may be cited as third month before the first month following of fiscal years 2006 and 2007. the ‘‘Ending the Medicare Disability Waiting the waiting period (as defined in section Period Act of 2005’’. 226(k)) applicable under section 226(b)’’. By Mr. KENNEDY (for himself (b) TABLE OF CONTENTS.—The table of con- (4) RAILROAD RETIREMENT SYSTEM.—Section and Mr. DURBIN): tents of this Act is as follows: 7(d)(2)(ii) of the Railroad Retirement Act of S. 1218. A bill to amend the Elemen- Sec. 1. Short title; table of contents. 1974 (45 U.S.C. 231f(d)(2)(ii)) is amended— tary and Secondary Education Act of Sec. 2. Phase-out of waiting period for medi- (A) by striking ‘‘, for not less than 24 1965, the Higher Education Act of 1965, care disability benefits. months’’ and inserting ‘‘, for the waiting pe- and the Internal Revenue Code of 1986 Sec. 3. Elimination of waiting period for in- riod (as defined in section 226(k) of the So- to improve recruitment, preparation, dividuals with life-threatening cial Security Act); and conditions. (B) by striking ‘‘could have been entitled distribution, and retention of public el- Sec. 4. Institute of Medicine study and re- for 24 calendar months, and’’ and inserting ementary and secondary school teach- port on delay and prevention of ‘‘could have been entitled for the waiting peers and principals, and for other pur- disability conditions. riod (as defined is section 226(k) of the Social poses; to the Committee on Finance. SEC. 2. PHASE-OUT OF WAITING PERIOD FOR Security Act), and’’. Mr. KENNEDY. Mr. President, it is a MEDICARE DISABILITY BENEFITS. (d) EFFECTIVE DATE.—Except as provided in privilege to join my distinguished col- (a) IN GENERAL.—Section 226(b) of the So- subsection (c)(1), the amendments made by league, Senator DURBIN, in introducing cial Security Act (42 U.S.C. 426(b)) is amend- this section shall apply to insurance benefits ed— under title XVIII of the Social Security Act the Teacher Excellence for All Children (1) in paragraph (2)(A), by striking ‘‘, and with respect to items and services furnished Act of 2005. Its goal is to bring us closer has for 24 calendar months been entitled to,’’ in months beginning at least 90 days after to giving every child a highly qualified and inserting ‘‘, and for the waiting period the date of the enactment of this Act (but in teacher, and enable more teachers to (as defined in subsection (k)) has been enti- no case earlier than January 1, 2006). obtain the support they need to im- tled to,’’; SEC. 3. ELIMINATION OF WAITING PERIOD FOR prove their instruction. We join our (2) in paragraph (2)(B), by striking ‘‘, and INDIVIDUALS WITH LIFE-THREAT- distinguished colleague Congressman has been for not less than 24 months,’’ and ENING CONDITIONS. EORGE ILLER inserting ‘‘, and has been for the waiting pe- (a) IN GENERAL.—Section 226(h) of the So- G M in this effort, who is riod (as defined in subsection (k)),’’; cial Security Act (42 U.S.C. 426(h)) is amend- introducing this legislation in the (3) in paragraph (2)(C)(ii), by striking ‘‘, ined— House, and commend him for his lead- cluding the requirement that he has been en- (1) by redesignating paragraphs (1), (2), and ership on the issue. titled to the specified benefits for 24 (3) as subparagraphs (A), (B), and (C), respec- One of the major challenges we face months,’’ and inserting ‘‘, including the re- tively; today is to improve the recruitment, quirement that the individual has been enti- (2) in the matter preceding subparagraph preparation, and retention of good tled to the specified benefits for the waiting (A) (as redesignated by paragraph (1)), by in- teachers. Few issues are of greater im- period (as defined in subsection (k)),’’; and serting ‘‘(1)’’ after ‘‘(h)’’; portance to our future than education. (4) in the flush matter following paragraph (3) in paragraph (1) (as designated by para- (2)(C)(ii)(II)— graph (2))— The Nation is strongest when our (A) in the first sentence, by striking ‘‘for (A) in the matter preceding subparagraph schools are strongest—when all stu- each month beginning with the later of (I) (A) (as redesignated by paragraph (1)), by in- dents can attend good schools with July 1973 or (II) the twenty-fifth month of serting ‘‘or any other life-threatening condi- good teachers to help them learn. In his entitlement or status as a qualified rail- tion identified by the Secretary’’ after this new era of globalization, a well- road retirement beneficiary described in ‘‘amyotrophic lateral sclerosis (ALS)’’; and educated citizenry and well-skilled paragraph (2), and’’ and inserting ‘‘for each (4) in subparagraph (B) (as redesignated by workforce are essential to our role in month beginning after the waiting period (as paragraph (1)), by striking ‘‘(rather than the world. so defined) for which the individual satisfies twenty-fifth month)’’; and paragraph (2) and’’; (5) by adding at the end the following new We owe a great debt to America’s (B) in the second sentence, by striking paragraph: teachers. They work day in and day out ‘‘the ‘twenty-fifth month of his entitlement’ ‘‘(2) For purposes of identifying life-threat- to give children a decent education. refers to the first month after the twenty- ening conditions under paragraph (1), the Teachers are on the front lines in the fourth month of entitlement to specified Secretary shall compile a list of conditions Nation’s schools, and at the forefront benefits referred to in paragraph (2)(C) and’’; that are fatal without medical treatment. In of the constant effort to improve public and compiling such list, the Secretary shall con- education. It is their vision, energy, sult with the Director of the National Insti- (C) in the third sentence, by striking ‘‘, but hard work, and dedication that will not in excess of 78 such months’’. tutes of Health (including the Office of Rare (b) SCHEDULE FOR PHASE-OUT OF WAITING Diseases), the Director of the Centers for make all the difference in successfully PERIOD.—Section 226 of the Social Security Disease Control and Prevention, the Director meeting this challenge. Act (42 U.S.C. 426) is amended by adding at of the National Science Foundation, and the We took a major step forward in the the end the following new subsection: Institute of Medicine of the National Acad- No Child Left Behind Act and its rec- ‘‘(k) For purposes of subsection (b) (and for emy of Sciences.’’. ognition that all students deserve first- purposes of section 1837(g)(1) of this Act and (b) EFFECTIVE DATE.—The amendments rate teachers to help them reach their section 7(d)(2)(ii) of the Railroad Retirement made by this section shall apply to insurance potential and succeed in life. This act Act of 1974), the term ‘waiting period’ benefits under title XVIII of the Social Secu- means— rity Act with respect to items and services made a bold national commitment to ‘‘(1) for 2006, 18 months; furnished in months beginning at least 90 guarantee a highly qualified teacher in ‘‘(2) for 2007, 16 months; days after the date of the enactment of this every classroom. But to reach that ‘‘(3) for 2008, 14 months; Act (but in no case earlier than January 1, goal, we need to recruit, train, retain ‘‘(4) for 2009, 12 months; 2006). and support our teachers. The TEACH ‘‘(5) for 2010, 10 months; SEC. 4. INSTITUTE OF MEDICINE STUDY AND RE- Act addresses four specific challenges ‘‘(6) for 2011, 8 months; PORT ON DELAY AND PREVENTION head on: to increase the supply of out- ‘‘(7) for 2012, 6 months; OF DISABILITY CONDITIONS. standing teachers; to ensure all chil- ‘‘(8) for 2013, 4 months; (a) STUDY.—The Secretary of Health and ‘‘(9) for 2014, 2 months; and Human Services (in this section referred to dren have teachers with expertise in ‘‘(10) for 2015 and each subsequent year, 0 as the ‘‘Secretary’’) shall request that the the subjects they teach; to improve months.’’. Institute of Medicine of the National Acad- teaching by identifying and rewarding (c) CONFORMING AMENDMENTS.— emy of Sciences conduct a study on the the best practices and expanding pro- (1) SUNSET.—Effective January 1, 2015, sub- range of disability conditions that can be de- fessional development opportunities; section (f) of section 226 of the Social Secu- layed or prevented if individuals receive ac- and to help schools retain teachers and rity Act (42 U.S.C. 426) is repealed. cess to health care services and coverage be- principals by providing the support (2) MEDICARE DESCRIPTION.—Section 1811(2) fore the condition reaches disability levels. of such Act (42 U.S.C. 1395c(2)) is amended by (b) REPORT.—Not later than the date that they need to succeed. striking ‘‘entitled for not less than 24 is 2 years after the date of enactment of this Since enrollment in public schools months’’ and inserting ‘‘entitled for the Act, the Secretary shall submit to Congress has reached an all-time high of 53 mil- waiting period (as defined in section 226(k))’’. a report containing the results of the Insti- lion students, and is expected to keep

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6323 increasing over the next decade, addi- efforts so that they stay in the class- America entrusts her most precious re- tional highly qualified teachers are room. source, her children; and asks that they be needed to meet the growing demand. Because schools compete for the best prepared, in all their glorious diversity, to Many schools face a teacher crisis, teachers, the bill provides funding to face the rigors of individual participation in a democratic society. particularly in our poorest commu- school districts to reward teachers who nities. Currently, there are approxi- transfer to schools with the greatest We must do all in our power to help mately 3 million public school teachers challenges, and provides incentives for them in this endeavor. across the country. Two million new, teachers working in math, science, and I urge my colleagues to join in sup- qualified teachers will be needed in the special education. porting this bill and I ask unanimous next 10 years to serve the growing stu- The TEACH Act also establishes a consent that the text of the bill be dent population. Yet we are not even framework to develop and use the sys- printed in the RECORD. There being no objection, the bill was retaining the teachers we have today. tems needed at the State and local lev- ordered to be printed in the RECORD, as A third of all teachers leave during els to identify and improve teacher ef- follows: their first 3 years, and almost half fectiveness and recognize exceptional leave during the first 5 years. teaching in the classroom. States will S. 1218 Too often, teachers also lack the develop data systems to track student Be it enacted by the Senate and House of Rep- training and support needed to do well progress and relate it to the level of in- resentatives of the United States of America in Congress assembled, in the classroom. They are paid on av- struction provided in the classroom. SECTION 1. SHORT TITLE. erage almost $8,000 less than graduates The bill also encourages the develop- This Act may be cited as the ‘‘Teacher Ex- in other fields, and the gap widens to ment of model teacher advancement cellence for All Children Act of 2005’’. more than $23,000 after 15 years of programs with competitive compensa- SEC. 2. TABLE OF CONTENTS. teaching. Thirty-seven percent of tion structures that recognize and re- The table of contents of this Act is as fol- teachers cite low salaries as a main ward different roles, responsibilities, lows: factor for leaving the classroom before knowledge, skills and positive results. Sec. 1. Short title. retirement. Too often, teachers lack the training Sec. 2. Table of contents. Sec. 3. Findings. The TEACH Act will do more to re- they need before reaching the class- cruit and retain highly qualified teach- room. On the job, they have few TITLE I—RECRUITING TALENTED NEW TEACHERS ers—particularly in schools and sub- sources of support to meet the chal- Sec. 101. Amendments to Higher Education jects where they are needed the most. lenges they face in the classroom, and Act of 1965. The bill provides financial incentives few opportunities for ongoing profes- Sec. 102. Extending and expanding teacher to encourage talented persons to enter sional development to expand their loan forgiveness. and remain in the profession and it of- skills. The bill responds to the needs of TITLE II—CLOSING THE TEACHER fers higher salaries, tax breaks, and teachers in their first years in the DISTRIBUTION GAP greater loan forgiveness. classroom by creating new and innova- Sec. 201. Grants to local educational agen- To attract motivated and talented tive teacher induction models that use cies to provide premium pay to individuals to teaching, the bill pro- proven strategies to support beginning teachers in high-need schools. vides up-front tuition assistance— teachers. New teachers will have access TITLE III—IMPROVING TEACHER $4,000 per year—to high-performing un- to mentoring, opportunities for cooper- PREPARATION dergraduate students who agree to ative planning with their peers, and a Sec. 301. Amendment to Elementary and commit to teach for 4 years in high- special transition year to ease into the Secondary Education Act of need areas and in subjects such as pressures of entering the classroom. 1965. Sec. 302. Amendment to the Higher Edu- math, science, and special education. Veteran teachers will have an oppor- cation Act of 1965: Teacher One of our greatest challenges in tunity to improve their skills through Quality Enhancement Grants. school reform today is to equalize the peer mentoring and review. Other sup- Sec. 303. Enforcing NCLB’s teacher equity playing field, so that the neediest stu- port includes professional development provision. dents have access to the best teachers delivered through teaching centers to TITLE IV—EQUIPPING TEACHERS, to help them succeed. Research shows improve training and working condi- SCHOOLS, LOCAL EDUCATIONAL AGEN- that good teachers are the single most tions for teachers. CIES, AND STATES WITH THE 21ST CEN- important factor in the success of chil- Since good leadership is also essen- TURY DATA, TOOLS, AND ASSESS- dren in school, both academically and tial for schools, the bill provides im- MENTS THEY NEED developmentally. Children with good portant incentives and support for Sec. 401. 21st Century Data, Tools, and As- sessments. instruction can reach new heights principals by raising standards and im- Sec. 402. Collecting national data on dis- through the hard work, vision, and en- proving recruitment and training for tribution of teachers. ergy of their teachers. Good teaching them as well. TITLE V—RETENTION: KEEPING OUR helps overcome the harmful effects of This legislation was developed with BEST TEACHERS IN THE CLASSROOM poverty and other disadvantages on the help of a broad and diverse group of Sec. 501. Amendment to Elementary and student learning. educational professionals and experts, Secondary Education Act of Unfortunately, we still have a long including the Alliance for Excellent 1965. way to go. In high-poverty schools, Education, the American Federation of Sec. 502. Exclusion from gross income of teacher turnover is 33 percent higher Teachers, the Business Roundtable, the compensation of teachers and than in other schools. In the poorest Center for American Progress Action principals in certain high-need middle schools and high schools, stu- Fund, the Children’s Defense Fund, the schools or teaching high-need subjects. dents are 77 percent more likely to be Education Trust, the National Council Sec. 503. Above-the-line deduction for cer- assigned an out-of-field teacher. Al- on Teacher Quality, the National Coun- tain expenses of elementary most a third of classes are taught by cil of La Raza, the National Education and secondary school teachers teachers with no background in the Association, New Leaders for New increased and made permanent. subject—no major degree, no minor de- Schools, the New Teacher Center, Oper- TITLE VI—MISCELLANEOUS PROVISIONS gree, no certification. ation Public Education, the Teacher Sec. 601. Conforming amendments. Despite our past efforts, this problem Advancement Program Foundation, SEC. 3. FINDINGS. is worsening. In most academic sub- Teach for America and the Teaching The Congress finds as follows: jects, the percentage of secondary Commission. I thank them for their (1) There are not enough qualified teachers school teachers ‘‘out-of-field’’—those help and their work on behalf of our in the Nation’s classrooms, and an unprece- teaching a class in which they do not Nation’s children. dented number of teachers will retire over have a major, a minor, or a certifi- the next 5 years. Over the next decade, the As Shirley Mount Hufstedler, the Nation will need to bring 2,000,000 new teach- cation—increased from 1993 to 2000. first United States Secretary of Edu- ers into public schools. Clearly, we must do a better job of at- cation, has said: (2) Too many teachers and principals do tracting better teachers to the neediest The role of the teacher remains the highest not receive adequate preparation for their classrooms and do more to reward their calling of a free people. To the teacher, jobs.

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(3) More than one-third of children in ‘‘(2) REFERENCE.—Grants made under this ‘‘(2) GRADUATE STUDENTS.—The period dur- grades 7–12 are taught by a teacher who part shall be known as ‘Teacher Education ing which a graduate student may receive lacks both a college major and certification Assistance for College and Higher Education TEACH Grants shall be the period required in the subject being taught. Rates of ‘‘out-of- Grants’ or ‘TEACH Grants’. for the completion of a master’s degree field teaching’’ are especially high in high- ‘‘(b) PAYMENT METHODOLOGY.— course of study being pursued by that stu- poverty schools. ‘‘(1) PREPAYMENT.—Not less than 85 per- dent at the institution at which the student (4) Seventy percent of mathematics classes cent of such sums shall be advanced to eligi- is in attendance, except that the total in high-poverty middle schools are assigned ble institutions prior to the start of each amount that a student may receive under to teachers without even a minor in mathe- payment period and shall be based upon an this part for graduate study shall not exceed matics or a related field. amount requested by the institution as need- $8,000. (5) Teacher turnover is a serious problem, ed to pay eligible students until such time as ‘‘(3) REMEDIAL COURSE; STUDY ABROAD.— particularly in urban and rural areas. Over the Secretary determines and publishes in Nothing in this section shall exclude from one-third of new teachers leave the profes- the Federal Register with an opportunity for eligibility courses of study that are non- sion within their first 3 years of teaching, comment, an alternative payment system credit or remedial in nature (including and 14 percent of new teachers leave the field that provides payments to institutions in an courses in English language acquisition) that within the first year. After 5 years—the av- accurate and timely manner, except that are determined by the institution to be nec- erage time it takes for teachers to maximize this sentence shall not be construed to limit essary to help the student be prepared for students’ learning—half of all new teachers the authority of the Secretary to place an the pursuit of a first undergraduate bacca- will have exited the profession. Rates of institution on a reimbursement system of laureate degree or certificate or, in the case teacher attrition are highest in high-poverty payment. of courses in English language instruction, schools. Between 2000 and 2001, 1 out of 5 ‘‘(2) DIRECT PAYMENT.—Nothing in this sec- to be necessary to enable the student to uti- teachers in the Nation’s high-poverty tion shall be interpreted to prohibit the Sec- lize already existing knowledge, training, or schools either left to teach in another school retary from paying directly to students, in skills. Nothing in this section shall exclude or dropped out of teaching altogether. advance of the beginning of the academic from eligibility programs of study abroad (6) Fourth graders who are poor score dra- term, an amount for which they are eligible, that are approved for credit by the home in- matically lower on the National Assessment in cases where the eligible institution elects stitution at which the student is enrolled. of Educational Progress (NAEP) than their not to participate in the disbursement sys- ‘‘SEC. 233. ELIGIBILITY AND APPLICATIONS FOR counterparts who are not poor. Over 85 per- tem required by paragraph (1) . GRANTS. ‘‘(a) APPLICATIONS; DEMONSTRATION OF ELI- cent of fourth graders who are poor failed to ‘‘(3) DISTRIBUTION OF GRANTS TO STU- GIBILITY.— attain NAEP proficiency standards in 2003. DENTS.—Payments under this part shall be ‘‘(1) FILING REQUIRED.—The Secretary shall (7) African-American, Latino, and low-in- made, in accordance with regulations pro- from time to time set dates by which stu- come students are much less likely than mulgated by the Secretary for such purpose, dents shall file applications for TEACH other students to have highly-qualified in such manner as will best accomplish the teachers. Grants under this part. Each student desir- purposes of this part. Any disbursement al- ing a TEACH Grant for any year shall file an (8) Research shows that individual teachers lowed to be made by crediting the student’s have a great impact on how well their stu- application therefore containing such infor- account shall be limited to tuition and fees mation and assurances as the Secretary may dents learn. The most effective teachers have and, in the case of institutionally owned been shown to be able to boost their pupils’ deem necessary to enable the Secretary to housing, room and board. The student may carry out the functions and responsibilities learning by a full grade level relative to stu- elect to have the institution provide other dents taught by less effective teachers. of this part. such goods and services by crediting the stu- ‘‘(2) DEMONSTRATION OF ELIGIBILITY.—Each (9) Although nearly half (42 percent) of all dent’s account. teachers hold a master’s degree, fewer than 1 such application shall contain such informa- ‘‘(c) REDUCTIONS IN AMOUNT.— in 4 secondary teachers have a master’s de- tion as is necessary to demonstrate that— ‘‘(1) PART TIME STUDENTS.—In any case ‘‘(A) if the applicant is an enrolled stu- gree in the subject they teach. where a student attends an institution of (10) Young people with high SAT and ACT dent— higher education on less than a full-time ‘‘(i) the student is an eligible student for scores are much less likely to choose teach- basis (including a student who attends an in- ing as a career. Those who have higher SAT purposes of section 484 (other than sub- stitution of higher education on less than a section (r) of such section); or ACT scores are twice as likely to leave half-time basis) during any academic year, the profession after only a few years. ‘‘(ii) the student— the amount of the TEACH Grant to which ‘‘(I) has a grade point average that is de- (11) Only 16 States finance new teacher in- that student is eligible shall be reduced in duction programs, and fewer still require in- termined, under standards prescribed by the proportion to the degree to which that stu- Secretary, to be comparable to a 3.25 average ductees to be matched with mentors who dent is not so attending on a full-time basis, teach the same subject. on a zero to 4.0 scale, except that, if the stu- in accordance with a schedule of reductions dent is in the first year of a program of un- TITLE I—RECRUITING TALENTED NEW established by the Secretary for the purpose dergraduate education, such grade point av- TEACHERS of this part, computed in accordance with erage shall be determined on the basis of the SEC. 101. AMENDMENTS TO HIGHER EDUCATION this part. Such schedule of reductions shall student’s cumulative high school grade point ACT OF 1965. be established by regulation and published in average; or (a) TEACH GRANTS.—Title II of the Higher the Federal Register in accordance with sec- ‘‘(II) displayed high academic aptitude by Education Act of 1965 (20 U.S.C. 1021 et seq.) tion 482 of this Act. receiving a score above the 75th percentile is amended by adding at the end the fol- ‘‘(2) NO EXCEEDING COST.—No TEACH Grant on at least one of the batteries in an under- lowing new part: for a student under this part shall exceed the graduate or graduate school admissions test; ‘‘PART C—TEACH GRANTS cost of attendance (as defined in section 472) and ‘‘SEC. 231. PURPOSES. at the institution at which such student is in ‘‘(iii) the student is completing coursework ‘‘The purposes of this part are— attendance. If, with respect to any student, and other requirements necessary to begin a ‘‘(1) to improve student academic achieve- it is determined that the amount of a career in teaching, or plans to complete such ment; TEACH Grant exceeds the cost of attendance coursework and requirements prior to grad- ‘‘(2) to help recruit and prepare teachers to for that year, the amount of the TEACH uating; or meet the national demand for a highly quali- Grant shall be reduced until the TEACH ‘‘(B) if the applicant is a current or pro- fied teacher in every classroom; and Grant does not exceed the cost of attendance spective teacher applying for a grant to ob- ‘‘(3) to increase opportunities for Ameri- at such institution. tain a graduate degree— cans of all educational, ethnic, class, and ge- ‘‘(d) PERIOD OF ELIGIBILITY FOR GRANTS.— ‘‘(i) the applicant is a teacher or a retiree ographic backgrounds to become highly ‘‘(1) UNDERGRADUATE STUDENTS.—The pe- from another occupation with expertise in a qualified teachers. riod during which an undergraduate student field in which there is a shortage of teachers, ‘‘SEC. 232. PROGRAM ESTABLISHED. may receive TEACH Grants shall be the pe- such as mathematics, science, special edu- ‘‘(a) PROGRAM AUTHORITY.— riod required for the completion of the first cation, English language acquisition, or an- ‘‘(1) PAYMENTS REQUIRED.—For each of the undergraduate baccalaureate course of study other high-need subject; or fiscal years 2006 through 2013, the Secretary being pursued by that student at the institu- ‘‘(ii) the applicant is or was a teacher who shall pay to each eligible institution such tion at which the student is in attendance, is using high-quality alternative certifi- sums as may be necessary to pay to each eli- except that— cation routes, such as Teach for America, to gible student (defined in accordance with ‘‘(A) any period during which the student get certified. section 484) who files an application and is enrolled in a noncredit or remedial course ‘‘(b) AGREEMENTS TO SERVE.—Each applica- agreement in accordance with section 233, of study, subject to paragraph (3), shall not tion under subsection (a) shall contain or be and qualifies under subsection (a)(2) of such be counted for the purpose of this paragraph; accompanied by an agreement by the appli- section, a TEACH Grant in the amount of and cant that— $4,000 for each academic year during which ‘‘(B) the total amount that a student may ‘‘(1) the applicant will— that student is in attendance at an institu- receive under this part for undergraduate ‘‘(A) serve as a full-time teacher for a total tion of higher education. study shall not exceed $16,000. of not less than 4 academic years within 8

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6325 years after completing the course of study come teachers with high-quality instruc- ‘‘(A) after each of the first and second for which the applicant received a TEACH tional strategies for teaching reading and years of service by an individual in a posi- Grant under this part; teaching the English language to students tion qualifying under paragraph (3), 15 per- ‘‘(B) teach— with limited English proficiency, and for cent of the total amount of principal and in- ‘‘(i) in a school described in section modifying instruction to teach students with terest of the loans described in paragraph (1) 465(a)(2)(A); and special needs; to such individual that are outstanding im- ‘‘(ii) in any of the following fields: mathe- ‘‘(3) may be used to integrate school of mediately preceding such first year of such matics, science, a foreign language, bilingual education faculty with other arts and service; education, or special education, or as a read- science faculty in mathematics, science, for- ‘‘(B) after each of the third and fourth ing specialist, or another field documented eign languages, and teaching the English years of such service, 20 percent of such total as high-need by the Federal Government, language to students with limited English amount; and State government, or local education agency proficiency through steps such as— ‘‘(C) after the fifth year of such service, 30 and submitted to the Secretary; ‘‘(A) dual appointments for faculty be- percent of such total amount.’’. ‘‘(C) submit evidence of such employment tween schools of education and schools of (2) DIRECT LOANS.—Section 460(c) of the in the form of a certification by the chief ad- arts and science; and Higher Education Act of 1965 (20 U.S.C. ministrative officer of the school upon com- ‘‘(B) integrating coursework with clinical 1087j(c)) is amended by adding at the end the pletion of each year of such service; and experience; and following: ‘‘(D) comply with the requirements for ‘‘(4) may be used to develop strategic plans ‘‘(4) ANNUAL INCREMENTS.—Notwith- being a highly qualified teacher as defined in between schools of education and local standing paragraph (1), in the case of an indi- section 9101 of the Elementary and Sec- school districts to better prepare teachers vidual qualifying for loan cancellation under ondary Education Act of 1965; and for high-need schools, including the creation paragraph (3), the Secretary shall, in lieu of ‘‘(2) in the event that the applicant is de- of professional development partnerships for waiting to assume an obligation only upon termined to have failed or refused to carry training new teachers in state-of-the-art completion of 5 complete years of service, as- out such service obligation, the sum of the practice. sume the obligation to repay— amounts of such Teach Grants will be treat- ‘‘SEC. 242. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) after each of the first and second ed as a loan and collected from the applicant ‘‘There are authorized to be appropriated years of service by an individual in a posi- in accordance with subsection (c) and the to make grants under this part $200,000,000 tion qualifying under paragraph (3), 15 per- regulations thereunder. for fiscal year 2006 and such sums as may be cent of the total amount of principal and in- ‘‘(c) REPAYMENT FOR FAILURE TO COMPLETE necessary for each of the 5 succeeding fiscal terest of the loans described in paragraph (1) SERVICE.—In the event that any recipient of years.’’. to such individual that are outstanding im- a TEACH Grant fails or refuses to comply (c) PART A AUTHORIZATION.—Section 210 of mediately preceding such first year of such with the service obligation in the agreement the Higher Education Act of 1965 (20 U.S.C. service; under subsection (b), the sum of the amounts 1030) is amended— ‘‘(B) after each of the third and fourth of such Grants provided to such recipient (1) by striking ‘‘$300,000,000 for fiscal year years of such service, 20 percent of such total shall be treated as a Direct Loan under part 1999’’ and inserting ‘‘$400,000,000 for fiscal amount; and D of title IV, and shall be subject to repay- year 2006’’; and ‘‘(C) after the fifth year of such service, 30 ment in accordance with terms and condi- (2) by striking ‘‘4 succeeding’’ and insert- percent of such total amount.’’. tions specified by the Secretary in regula- ing ‘‘5 succeeding’’. tions promulgated to carry out this part.’’. TITLE II—CLOSING THE TEACHER (b) RECRUITING TEACHERS WITH MATHE- SEC. 102. EXTENDING AND EXPANDING TEACHER DISTRIBUTION GAP LOAN FORGIVENESS. MATICS, SCIENCE, OR LANGUAGE MAJOR.—Title SEC. 201. GRANTS TO LOCAL EDUCATIONAL II of the Higher Education Act of 1965 (20 (a) PERMANENT EXTENSION.—Section 3(b)(3) AGENCIES TO PROVIDE PREMIUM U.S.C. 1021 et seq.), as amended by sub- of the Taxpayer-Teacher Protection Act of PAY TO TEACHERS IN HIGH-NEED section (a), is further amended by adding at 2004 (P.L. 108–409; 118 Stat. 2300) is amended SCHOOLS. the end the following: by striking ‘‘1998, and before October 1, 2005’’ Title II of the Elementary and Secondary ‘‘PART D—RECRUITING TEACHERS WITH and inserting ‘‘1998’’. Education Act of 1965 (20 U.S.C. 6601 et seq.) MATHEMATICS, SCIENCE, OR LANGUAGE (b) INCREASED AMOUNT; APPLICABILITY OF is amended by adding at the end the fol- MAJORS EXPANDED PROGRAM TO READING SPE- lowing: CIALIST.—Sections 428J(c)(3) and 460(c)(3) of ‘‘SEC. 241. PROGRAM AUTHORIZED. ‘‘PART E—TEACHER EXCELLENCE FOR the Higher Education Act of 1965 (20 U.S.C. ‘‘(a) GRANTS AUTHORIZED.—From the ALL CHILDREN 1078–10(c)(3), 1087j(c)(3)) are each amended— amounts appropriated under section 242, the ‘‘SEC. 2500. DEFINITIONS. Secretary shall make competitive grants to (1) by striking ‘‘$17,500’’ and inserting institutions of higher education to improve ‘‘$20,000’’; ‘‘In this part: the availability and recruitment of teachers (2) by striking ‘‘and’’ at the end of subpara- ‘‘(1) The term ‘high-need local educational from among students majoring in mathe- graph (A)(ii); agency’ means a local educational agency— matics, science, foreign languages, special (3) by striking the period at the end of sub- ‘‘(A) that serves not fewer than 10,000 chil- education, or teaching the English language paragraph (B)(iii) and inserting ‘‘; and’’; and dren from families with incomes below the to students with limited English proficiency. (4) by adding at the end the following new poverty line, or for which not less than 20 In making such grants, the Secretary shall subparagraph: percent of the children served by the agency give priority to programs that focus on pre- ‘‘(C) an elementary or secondary school are from families with incomes below the paring teachers in subjects in which there is teacher who primarily teaches reading and poverty line; and a shortage of highly qualified teachers and who— ‘‘(B) that is having or expected to have dif- that prepare students to teach in high-need ‘‘(i) has obtained a separate reading in- ficulty filling teacher vacancies or hiring schools. struction credential from the State in which new teachers who are highly qualified. ‘‘(b) APPLICATION.—Any institution of the teacher is employed; and ‘‘(2) The term ‘value-added longitudinal higher education desiring to obtain a grant ‘‘(ii) is certified by the chief administra- data system’ means a longitudinal data sys- under this part shall submit to the Secretary tive officer of the public or nonprofit private tem for determining value-added student an application at such time, in such form, elementary school or secondary school in achievement gains. and containing such information and assur- which the borrower is employed to teach ‘‘(3) The term ‘value-added student ances as the Secretary may require, which reading— achievement gains’ means student achieve- shall— ‘‘(I) as being proficient in teaching the es- ment gains determined by means of a system ‘‘(1) include reporting on baseline produc- sential components of reading instruction, as that— tion of teachers with expertise in mathe- defined in section 1208 of the Elementary and ‘‘(A) is sufficiently sophisticated and matics, science, a foreign language, or teach- Secondary Education Act of 1965; and valid— ing English language learners; and ‘‘(II) as having such credential.’’. ‘‘(i) to deal with the problem of students ‘‘(2) establish a goal and timeline for in- (c) ANNUAL INCREMENTS INSTEAD OF END OF with incomplete records; creasing the number of such teachers who SERVICE LUMP SUMS.— ‘‘(ii) to enable estimates to be precise and are prepared by the institution. (1) FFEL LOANS.—Section 428J(c) of the to use all the data for all students in mul- ‘‘(c) USE OF FUNDS.—Funds made available Higher Education Act of 1965 (20 U.S.C. 1078– tiple years, regardless of sparseness, in order by a grant under this part— 10(c)) is amended by adding at the end the to avoid measurement error in test scores ‘‘(1) shall be used to create new recruit- following: (such as by using multivariate, longitudinal ment incentives to teaching from other ma- ‘‘(4) ANNUAL INCREMENTS.—Notwith- analyses); and jors, with an emphasis on high-need subjects standing paragraph (1), in the case of an indi- ‘‘(iii) to protect against inappropriate test- such as mathematics, science, foreign lan- vidual qualifying for loan forgiveness under ing practices or improprieties in test admin- guages, and teaching the English language to paragraph (3), the Secretary shall, in lieu of istration; students with limited English proficiency; waiting to assume an obligation only upon ‘‘(B) includes a way to acknowledge the ex- ‘‘(2) may be used to upgrade curriculum in completion of 5 complete years of service, as- istence of influences on student growth, such order to provide all students studying to be- sume the obligation to repay— as pull-out programs for support beyond

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6326 CONGRESSIONAL RECORD — SENATE June 9, 2005 standard delivery of instruction, so that af- ‘‘(2) An assurance that the agency will— than 65 percent of the children are from low- fected teachers do not receive an unfair ad- ‘‘(A) pay matching funds for the program income families, based on the number of vantage; and carried out with the grant, which matching children eligible for free and reduced priced ‘‘(C) has the capacity to assign various pro- funds may be derived from funds received lunches under the Richard B. Russell Na- portions of student growth to multiple under other provisions of this title; tional School Lunch Act, or in which not teachers when the classroom reality, such as ‘‘(B) commit to making the program sus- less than 65 percent of the children enrolled team teaching and departmentalized instruc- tainable over time; are from such families. tion, makes such type of instruction an ‘‘(C) create incentives to bring a critical ‘‘(2) The term ‘documented shortage of issue. mass of exemplary, highly qualified teachers teachers’— ‘‘Subpart 1—Distribution to each school whose teachers will receive ‘‘(A) means a shortage of teachers docu- assistance under this section; ‘‘SEC. 2501. PREMIUM PAY; LOAN REPAYMENT. mented in the needs assessment submitted ‘‘(D) improve the school’s working condi- ‘‘(a) GRANTS.—The Secretary shall make under section 2122 by the local educational tions through activities that may include grants to local educational agencies to pro- agency involved or some other official dem- vide higher salaries to exemplary, highly but are not limited to— onstration of shortage by the local education qualified principals and exemplary, highly ‘‘(i) reducing class size; agency; and qualified teachers with at least 3 years of ex- ‘‘(ii) ensuring availability of classroom ‘‘(B) may include such a shortage in math- perience, including teachers certified by the materials, textbooks, and other supplies; ematics, science, a foreign language, special National Board for Professional Teaching ‘‘(iii) improving or modernizing facilities; education, bilingual education, or reading. Standards, if the principal or teacher agrees and ‘‘(3) The term ‘exemplary, highly qualified to serve full-time for a period of 4 consecu- ‘‘(iv) upgrading safety; and principal’ means a principal who— tive school years at a public high-need ele- ‘‘(E) accelerate the timeline for hiring new ‘‘(A) demonstrates a belief that every stu- mentary school or a public high-need sec- teachers in order to minimize the with- dent can achieve at high levels; ondary school. drawal of high-quality teacher applicants ‘‘(B) demonstrates an ability to drive sub- ‘‘(b) USE OF FUNDS.—A local educational and secure the best new teacher talent for stantial gains in academic achievement for agency that receives a grant under this sec- their hardest-to-staff schools. all students while closing the achievement tion may use funds made available through ‘‘(3) An assurance that, in identifying ex- gap for those farthest from meeting stand- the grant— emplary teachers, the system described in ards; ‘‘(1) to provide to exemplary, highly quali- paragraph (1) will take into consideration— ‘‘(C) uses data to drive instructional im- fied principals up to $15,000 as an annual ‘‘(A) growth of the teacher’s students on provement; bonus for each of 4 consecutive school years any tests required by the State educational ‘‘(D) provides ongoing support and develop- if the principal commits to work full-time agency; ment for teachers; and for such period in a public high-need elemen- ‘‘(B) value-added student achievement ‘‘(E) builds a positive school community, tary school or a public high-need secondary gains if such teacher is in a State that uses treating every student with respect and rein- school; and a value-added longitudinal data system; forcing high expectations for all. ‘‘(2) to provide to exemplary, highly quali- ‘‘(C) National Board for Professional ‘‘(4) The term ‘exemplary, highly qualified fied teachers— Teaching Standards certification; and teacher’ means a highly qualified teacher ‘‘(A) up to $10,000 as an annual bonus for ‘‘(D) evidence of teaching skill documented who is rated as exemplary pursuant to a sys- each of 4 consecutive school years if the in performance-based assessments. tem described in subsection (e). ‘‘(g) HIRING HIGHLY QUALIFIED TEACHERS teacher commits to work full-time for such ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— EARLY AND IN A TIMELY MANNER.— period in a public high-need elementary To carry out this section, there are author- ‘‘(1) IN GENERAL.—In addition to the re- school or a public high-need secondary ized to be appropriated $2,200,000,000 for fiscal quirements of subsection (f), an application school; or year 2006 and such sums as may be necessary under such subsection shall include a de- ‘‘(B) up to $12,500 as an annual bonus for for each of the 5 succeeding fiscal years. scription of the steps the local educational each of 4 consecutive school years if the ‘‘SEC. 2502. CAREER LADDERS FOR TEACHERS teacher commits to work full-time for such agency will take to enable all or a subset of the agency’s schools to hire new highly PROGRAM. period teaching a subject for which there is ‘‘(a) GRANTS.—The Secretary may make a documented shortage of teachers in a pub- qualified teachers early and in a timely manner, including— grants to local educational agencies to es- lic high-need elementary school or a public tablish and implement a Career Ladders for high-need secondary school. ‘‘(A) requiring a clear and early notification date for retiring teachers that is no Teachers Program in which the agency— ‘‘(c) TIMING OF PAYMENT.—A local edu- ‘‘(1) augments the salary of teachers in cational agency providing an annual bonus later than March 15 each year; high-need elementary schools and high-need to a principal or teacher under subsection (b) ‘‘(B) providing schools with their staffing secondary schools to correspond to the in- shall pay the bonus on completion of the allocations no later than April of the pre- creasing responsibilities and leadership roles service requirement by the principal or ceding school year; assumed by the teachers as they take on new teacher for the applicable year. ‘‘(C) enabling schools to consider external professional roles (such as serving on school ‘‘(d) GRANT PERIOD.—The Secretary shall candidates at the same time as internal can- make grants under this section in yearly in- didates for available positions; leadership teams, serving as instructional stallments for a total period of 4 years. ‘‘(D) moving up the teacher transfer period coaches, and serving in hybrid roles), includ- ‘‘(e) OBSERVATION, FEEDBACK, AND EVALUA- to April and not requiring schools to hire ing by— TION.—The Secretary may make a grant to a transferring or ‘excessed’ teachers from ‘‘(A) providing up to $10,000 as an annual local educational agency under this section other schools without selection and consent; augmentation to master teachers (including only if the State in which the agency is lo- and teachers serving as master teachers as part cated or the agency has in place or proposes ‘‘(E) establishing and implementing a new of a state-of the-art teacher induction pro- a plan, developed on a collaborative basis principal accountability framework to en- gram under section 2511); and with the local teacher organization, to de- sure that principals with increased hiring ‘‘(B) providing up to $5,000 as an annual velop a system in which principals and, if authority are improving teacher quality. augmentation to mentor teachers (including available, master teachers rate teachers as ‘‘(2) RULE OF CONSTRUCTION.—Nothing in teachers serving as mentor teachers as part exemplary. Such a system shall be— this subsection shall be construed to alter or of a state-of-the-art teacher induction pro- ‘‘(1) based on strong learning gains for stu- otherwise affect the rights, remedies, and gram under section 2511); dents; procedures afforded school or district em- ‘‘(2) provides up to $4,000 as an annual ‘‘(2) based on classroom observation and ployees under Federal, State, or local laws bonus to all career teachers, master teach- feedback at least four times annually; (including applicable regulations or court or- ers, and mentor teachers in high-need ele- ‘‘(3) conducted by multiple sources, includ- ders) or under the terms of collective bar- mentary schools and high-need secondary ing master teachers and principals; and gaining agreements, memoranda of under- schools based on a combination of— ‘‘(4) evaluated against research-validated standing, or other agreements between such ‘‘(A) at least 3 classroom evaluations over rubrics that use planning, instructional, and employees and their employers. the course of the year that shall— learning environment standards to measure ‘‘(h) PRIORITY.—In providing higher sala- ‘‘(i) be conducted by multiple evaluators, teaching performance. ries to principals and teachers under this including master teachers and the principal; ‘‘(f) APPLICATION REQUIREMENTS.—To seek section, a local educational agency shall give ‘‘(ii) be based on classroom observation at a grant under this section, a local edu- priority to principals and teachers at schools least 3 times annually; and cational agency shall submit an application identified under section 1116 for school im- ‘‘(iii) be evaluated against research-vali- at such time, in such manner, and con- provement, corrective action, or restruc- dated benchmarks that use planning, in- taining such information as the Secretary turing. structional, and learning environment stand- reasonably requires. At a minimum, the ap- ‘‘(i) DEFINITIONS.—In this section: ards to measure teacher performance; and plication shall include the following: ‘‘(1) The term ‘high-need’ means, with re- ‘‘(B) the performance of the teacher’s stu- ‘‘(1) A description of the agency’s proposed spect to an elementary school or a secondary dents as determined by— new teacher hiring timeline, including in- school, a school that serves an eligible ‘‘(i) student growth on any test that is re- terim goals for any phase-in period. school attendance area in which not less quired by the State educational agency or

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6327 local educational agency and is administered Professional Teaching Standards certifi- ‘‘(H) paid release time for the mentor to the teacher’s students; or cation; teacher for mentoring, or salary supplements ‘‘(ii) in States or local educational agen- ‘‘(F) may hold a valid National Board for under section 2502, for mentoring new teach- cies with value-added longitudinal data sys- Professional Teaching Standards certificate, ers at a ratio of one full-time mentor to tems, whole-school value-added student may have passed another rigorous standard, every 12 new teachers; achievement gains and classroom-level or may have been selected as a school, dis- ‘‘(I) a transition year to the classroom that value-added student achievement gains; or trict, or State teacher of the year; and includes a reduced workload for beginning ‘‘(3) provides up to $4,000 as an annual ‘‘(G) is currently participating, or has pre- teachers; and bonus to principals in elementary schools viously participated, in a professional devel- ‘‘(J) a standards-based assessment of every and secondary schools based on the perform- opment program that supports classroom beginning teacher to determine whether the ance of the school’s students, taking into teachers as mentors. teacher should move forward in the teaching consideration whole-school value-added stu- ‘‘(4) The term ‘high-need’, with respect to profession, which assessment may include dent achievement gains in States that have an elementary school or a secondary school, examination of practice and a measure of value-added longitudinal data systems and in has the meaning given to that term in sec- gains in student learning. which information on whole-school value- tion 2501. ‘‘(d) ADDITIONAL REQUIREMENT.—The Sec- added student achievement gains is avail- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— retary shall commission an independent able. To carry out this section, there is authorized evaluation of state-of the-art teacher induc- ‘‘(b) ELIGIBILITY REQUIREMENT.—A local to be appropriated $200,000,000 for fiscal year tion programs supported under this section educational agency may not use any funds 2006 and such sums as may be necessary for in order to compare the design and outcome under this section to establish or implement each of the 5 succeeding fiscal years.’’. of various models of induction programs. a Career Ladders for Teachers Program un- TITLE III—IMPROVING TEACHER ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— less— PREPARATION To carry out this section, there is authorized ‘‘(1) the percentage of teachers required by to be appropriated $300,000,000 for fiscal year SEC. 301. AMENDMENT TO ELEMENTARY AND 2006 and such sums as may be necessary for prevailing union rules votes affirmatively to SECONDARY EDUCATION ACT OF each of the 5 succeeding fiscal years. adopt the program; or 1965. ‘‘(2) in States that do not recognize collec- Part E of title II of the Elementary and ‘‘SEC. 2512. PEER MENTORING AND REVIEW PRO- GRAMS. tive bargaining between local educational Secondary Education Act of 1965, as added by ‘‘(a) GRANTS.—The Secretary shall make agencies and teacher organizations, at least title II of this Act, is amended by adding at grants to local educational agencies for peer 75 percent of the teachers in the local edu- the end the following: mentoring and review programs. cational agency vote affirmatively to adopt ‘‘Subpart 2—Preparation ‘‘(b) USE OF FUNDS.—A local educational the program. ‘‘SEC. 2511. ESTABLISHING STATE-OF-THE-ART agency that receives a grant under this sec- ‘‘(c) DEFINITIONS.—In this section: TEACHER INDUCTION PROGRAMS. tion shall use the funds made available ‘‘(1) The term ‘career teacher’ means a ‘‘(a) GRANTS.—The Secretary may make through the grant to establish and imple- teacher who has a bachelor’s degree and full grants to States and eligible local edu- ment a peer mentoring and review program. credentials or alternative certification in- cational agencies for the purpose of devel- Such a program shall be established through cluding a passing level on elementary or sec- oping state-of-the-art teacher induction pro- collective bargaining agreements or, in ondary subject matter assessments and programs. States that do not recognize collective bar- fessional knowledge assessments. ‘‘(b) ELIGIBLE LOCAL EDUCATIONAL AGEN- gaining between local educational agencies ‘‘(2) The term ‘mentor teacher’ means a CY.—In this section, the term ‘eligible local and teacher organizations, through joint teacher who— educational agency’ means— agreements between the local educational ‘‘(A) has a bachelor’s degree and full cre- ‘‘(1) a high-need local educational agency; agency and affected teacher organizations. dentials or alternative certification includ- or ‘‘(c) APPLICATION.—To seek a grant under ing a passing level on any applicable elemen- ‘‘(2) a partnership of a high-need local edu- this section, a local educational agency shall tary or secondary subject matter assess- cational agency and an institution of higher submit an application at such time, in such ments and professional knowledge assess- education, a teacher organization, or any manner, and containing such information as ments; other nonprofit education organization. the Secretary may reasonably require. The ‘‘(B) has a portfolio and a classroom dem- ‘‘(c) USE OF FUNDS.—A State or an eligible Secretary shall require each such applica- onstration showing instructional excellence; local educational agency that receives a tion to include the following: ‘‘(C) has an ability, as demonstrated by grant under subsection (a) shall use the ‘‘(1) Data from the applicant on recruit- student data, to increase student achieve- funds made available through the grant to ment and retention prior to implementing ment through utilizing specific instructional develop a state-of the-art teacher induction the induction program. strategies; program that— ‘‘(2) Measurable goals for increasing reten- ‘‘(D) has a minimum of 3 years of teaching ‘‘(1) provides new teachers a minimum of 3 tion after the induction program is imple- experience; years of extensive, high-quality, comprehen- mented. ‘‘(E) is recommended by the principal and sive induction into the field of teaching; and ‘‘(3) Measures that will be used to deter- other current master and mentor teachers; ‘‘(2) includes— mine whether teacher effectiveness is im- ‘‘(F) is an excellent instructor and commu- ‘‘(A) structured mentoring from highly proved through participation in the induc- nicator with an understanding of how to fa- qualified master or mentor teachers who are tion program. cilitate growth in the teachers the teacher is certified, have teaching experience similar ‘‘(4) A plan for evaluating and reporting mentoring; and to the grade level or subject assignment of progress toward meeting the applicant’s ‘‘(G) performs well as a mentor in estab- the new teacher, and are trained to mentor goals. lished induction and peer review and men- new teachers; ‘‘(d) PROGRESS REPORTS.—The Secretary toring programs. ‘‘(B) at least 90 minutes each week of com- shall require each grantee under this section ‘‘(3) The term ‘master teacher’ means a mon meeting time for a new teacher to dis- to submit progress reports on an annual teacher who— cuss student work and teaching under the di- basis. ‘‘(A) holds a master’s degree in the rel- rector of a master or mentor teacher; ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— evant academic discipline; ‘‘(C) regular classroom observation in the To carry out this section, there are author- ‘‘(B) has at least 5 years of successful new teacher’s classroom; ized to be appropriated $50,000,000 for fiscal teaching experience, as measured by per- ‘‘(D) observation by the new teacher of the year 2006 and such sums as may be necessary formance evaluations, a portfolio of work, or mentor teacher’s classroom; for each of the 5 succeeding fiscal years. National Board for Professional Teaching ‘‘(E) intensive professional development ‘‘SEC. 2513. ESTABLISHING STATE-OF-THE-ART Standards certification; activities for new teachers that result in im- PRINCIPAL TRAINING AND INDUC- TION PROGRAMS AND PERFORM- ‘‘(C) demonstrates expertise in content, proved teaching leading to student achieve- ANCE-BASED PRINCIPAL CERTIFI- curriculum development, student learning, ment, including lesson demonstration by CATION. test analysis, mentoring, and professional master and mentor teachers in the class- ‘‘(a) GRANTS.—The Secretary may make development, as demonstrated by an ad- room, observation, and feedback; grants to not more than 10 States to develop, vanced degree, advanced training, career ex- ‘‘(F) training in effective instructional implement, and evaluate pilot programs for perience, or National Board for Professional services and classroom management strate- performance-based certification and training Teaching Standards certification; gies for mainstream teachers serving stu- of exemplary, highly qualified principals who ‘‘(D) presents student data that illustrates dents with disabilities and students with can drive gains in academic achievement for the teacher’s ability to increase student limited English proficiency; all children. achievement through utilizing specific in- ‘‘(G) observation of teachers and feedback ‘‘(b) PROGRAM REQUIREMENTS.—A pilot pro- structional interventions; at least 4 times each school year by multiple gram developed under this section— ‘‘(E) has instructional expertise dem- evaluators, including master teachers and ‘‘(1) shall pilot the development, imple- onstrated through model teaching, team the principals, using research-validated mentation, and evaluation of a statewide teaching, video presentations, student benchmarks of teaching skills and standards performance-based system for certifying achievement gains, or National Board for that are developed with input from teachers; principals;

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6328 CONGRESSIONAL RECORD — SENATE June 9, 2005 ‘‘(2) shall pilot and demonstrate the effec- ‘‘(ii) academic achievement results in a Secondary Education Act of 1965 (20 U.S.C. tiveness of statewide performance-based cer- school leadership role such as a residency or 6319). tification through support for innovative an assistant principalship; and ‘‘(2) STUDENT ACADEMIC ACHIEVEMENT.—In- performance-based programs on a smaller ‘‘(D) awards certification to individuals creasing student academic achievement for scale; who successfully complete programs at insti- all students, which may be measured ‘‘(3) shall provide for certification of prin- tutions that include local educational agen- through the use of value-added assessments, cipals by institutions with strong track cies, nonprofit organizations, and business as defined by the eligible State. records, such as a local educational agency, schools approved by the State for purposes of ‘‘(3) RAISING STANDARDS.—Raising the nonprofit organization, or business school, such certification and have formalized part- State academic standards required to enter that is approved by the State for purposes of nerships with in-State local educational the teaching profession as a highly qualified such certification and has formalized part- agencies. teacher. nerships with in-State local educational ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) INITIAL CERTIFICATION OR LICENSURE.— agencies; To carry out this section, there are author- Increasing success in the pass rate for initial ‘‘(4) may be used to develop, sustain, and ized to be appropriated $100,000,000 for fiscal State teacher certification or licensure, or expand model programs for recruiting and year 2006 and such sums as may be necessary increasing the numbers of qualified individ- training aspiring and new principals in both for each of the 5 succeeding fiscal years. uals being certified or licensed as teachers instructional leadership and general man- ‘‘SEC. 2514. STUDY ON DEVELOPING A PORTABLE through alternative routes to certification agement skills; PERFORMANCE-BASED TEACHER AS- and licensure. ‘‘(5) shall include evaluation of the results SESSMENT. ‘‘(5) DECREASING TEACHER SHORTAGES.—De- of the pilot program and other in-State pro- ‘‘(a) STUDY.— creasing shortages of highly qualified teach- grams of principal preparation (which eval- ‘‘(1) IN GENERAL.—The Secretary shall ers in poor urban and rural areas. uation may include value-added assessment enter into an arrangement with an objective ‘‘(6) INCREASING OPPORTUNITIES FOR RE- scores of all children in a school and should evaluation firm to conduct a study to assess SEARCH-BASED PROFESSIONAL DEVELOPMENT.— emphasize the correlation of academic the validity of any test used for teacher cer- Increasing opportunities for enhanced and achievement gains in schools led by partici- tification or licensure by multiple States, ongoing professional development that— pating principals and the characteristics and taking into account the passing scores ‘‘(A) improves the academic content skills demonstrated by those individuals adopted by multiple States. The study shall knowledge of teachers in the subject areas in when applying to and participating in the determine the following: which the teachers are certified or licensed program) to inform the design of certifi- ‘‘(A) The extent to which tests of content to teach or in which the teachers are work- cation of individuals to become school lead- knowledge represent subject mastery at the ing toward certification or licensure to ers in the State; and baccalaureate level. teach; and ‘‘(6) shall make possible interim certifi- ‘‘(B) Whether tests of pedagogy reflect the ‘‘(B) promotes strong teaching skills. cation for up to 2 years for aspiring prin- latest research on teaching and learning. ‘‘(7) TECHNOLOGY INTEGRATION.—Increasing cipals participating in the pilot program ‘‘(C) The relationship, if any, between the number of teachers prepared effectively who— teachers’ scores on licensure and certifi- to integrate technology into curricula and ‘‘(A) have not yet attained full certification exams and other measures of teacher instruction and who use technology to col- cation; effectiveness, including learning gains lect, manage, and analyze data to improve ‘‘(B) are serving as assistant principals or achieved by the teachers’ students. teaching, learning, and parental involvement decisionmaking for the purpose of increasing principal residents, or in positions of similar ‘‘(2) REPORT.—The Secretary shall submit responsibility; and a report to the Congress on the results of the student academic achievement. ‘‘(b) ELIGIBLE PARTNERSHIP EVALUATION.— ‘‘(C) have met clearly defined criteria for study conducted under this subsection. Each eligible partnership applying for a entry into the program that are approved by ‘‘(b) GRANT TO CREATE A MODEL PERFORM- grant under section 203 shall establish, and the applicable local educational agency. ANCE-BASED ASSESSMENT.— include in the application submitted under ‘‘(c) PRIORITY.—In selecting grant recipi- ‘‘(1) GRANT.—The Secretary may make 1 section 203(c), an evaluation plan that in- ents under this section, the Secretary shall grant to an eligible partnership to create a cludes strong performance objectives. The give priority to States that will use the model performance-based assessment of plan shall include objectives and measures grants for one or more high-need local edu- teaching skills that reliably evaluates teach- for— cational agencies and schools. ing skills in practice and can be used to fa- ‘‘(1) increased student achievement for all cilitate the portability of teacher credentials students, as measured by the partnership; ‘‘(d) TERMS OF GRANT.—A grant under this and licensing from one State to another. section— ‘‘(2) increased teacher retention in the first ‘‘(2) CONSIDERATION OF STUDY.—In creating ‘‘(1) shall be for not more than 5 years; and 3 years of a teacher’s career; a model performance-based assessment of ‘‘(3) increased success in the pass rate for ‘‘(2) shall be performance-based, permit- teaching skills, the recipient of a grant ting the Secretary to discontinue funding initial State certification or licensure of under this section shall take into consider- teachers; based on failure of the State to meet bench- ation the results of the study conducted marks identified by the State. ‘‘(4) increased percentage of highly quali- under subsection (a). fied teachers; and ‘‘(e) USE OF EVALUATION RESULTS.—A State ‘‘(3) ELIGIBLE PARTNERSHIP.—In this sec- ‘‘(5) increasing the number of teachers receiving a grant under this section shall use tion, the term ‘eligible partnership’ means a trained effectively to integrate technology the evaluation results of the pilot program partnership of— into curricula and instruction and who use conducted pursuant to the grant and similar ‘‘(A) an independent professional organiza- technology to collect, manage, and analyze evaluations of other in-State programs of tion; and data to improve teaching, learning, and deci- principal preparation (especially the correla- ‘‘(B) an organization that represents ad- sionmaking for the purpose of improving stu- tion of academic achievement gains in ministrators of State educational agencies.’’. dent academic achievement. schools led by participating principals and SEC. 302. AMENDMENT TO THE HIGHER EDU- ‘‘(c) REVOCATION OF GRANT.— the characteristics and skills demonstrated CATION ACT OF 1965: TEACHER ‘‘(1) REPORT.—Each eligible State or eligi- by those individuals when applying to and QUALITY ENHANCEMENT GRANTS. ble partnership receiving a grant under sec- participating in the pilot program) to inform Part A of title II of the Higher Education tion 202 or 203 shall report annually on the the design of certification of individuals to Act of 1965 is amended by striking sections progress of the eligible State or eligible part- become school leaders in the State. 206 through 209 (20 U.S.C. 1026–1029) and in- nership toward meeting the purposes of this ‘‘(f) DEFINITIONS.—For the purposes of this serting the following: part and the goals, objectives, and measures section: ‘‘SEC. 206. ACCOUNTABILITY AND EVALUATION. described in subsections (a) and (b). ‘‘(1) The term ‘exemplary, highly qualified ‘‘(a) STATE GRANT ACCOUNTABILITY RE- ‘‘(2) REVOCATION.— principal’ has the meaning given to that PORT.—An eligible State that receives a ‘‘(A) ELIGIBLE STATES AND ELIGIBLE APPLI- term in section 2501. grant under section 202 shall submit an an- CANTS.—If the Secretary determines that an ‘‘(2) The term ‘performance-based certifi- nual accountability report to the Secretary, eligible State or eligible applicant is not cation system’ means a certification system the Committee on Health, Education, Labor, making substantial progress in meeting the that— and Pensions of the Senate, and the Com- purposes, goals, objectives, and measures, as ‘‘(A) is based on a clearly defined set of mittee on Education and the Workforce of appropriate, by the end of the second year of standards for skills and knowledge needed by the House of Representatives. Such report a grant under this part, then the grant pay- new principals; shall include a description of the degree to ment shall not be made for the third year of ‘‘(B) is not based on numbers of hours en- which the eligible State, in using funds pro- the grant. rolled in particular courses; vided under such section, has made substan- ‘‘(B) ELIGIBLE PARTNERSHIPS.—If the Sec- ‘‘(C) certifies participating individuals to tial progress in meeting the following goals: retary determines that an eligible partner- become school leaders primarily based on— ‘‘(1) PERCENTAGE OF HIGHLY QUALIFIED ship is not making substantial progress in ‘‘(i) their demonstration of those skills TEACHERS.—Increasing the percentage of meeting the purposes, goals, objectives, and through a formal assessment aligned to highly qualified teachers in the State as re- measures, as appropriate, by the end of the these standards; and quired by section 1119 of the Elementary and third year of a grant under this part, then

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6329 the grant payments shall not be made for time equivalent faculty, adjunct faculty, and gree from the institution or completing the any succeeding year of the grant. students in supervised practice teaching. program. ‘‘(d) EVALUATION AND DISSEMINATION.—The ‘‘(9) For the State as a whole, and for each ‘‘(ii) A comparison of the institution or Secretary shall evaluate the activities fund- teacher preparation program in the State, program’s pass rate for students who have ed under this part and report annually the the number of teachers prepared, in the ag- completed the clinical coursework for the Secretary’s findings regarding the activities gregate and reported separately by— teacher preparation program with the aver- to the Committee on Health, Education, ‘‘(A) level (elementary or secondary); age pass rate for institutions and programs Labor, and Pensions of the Senate and the ‘‘(B) academic major; in the State. Committee on Education and the Workforce ‘‘(C) subject or subjects for which the stu- ‘‘(iii) In the case of programs with fewer of the House of Representatives. The Sec- dent has been prepared to teach; and than 10 students who have completed the retary shall broadly disseminate successful ‘‘(D) teacher candidates who speak a lan- clinical coursework for a teacher prepara- practices developed by eligible States and el- guage other than English and have been tion program taking any single initial teach- igible partnerships under this part, and shall trained specifically to teach English-lan- er certification or licensure assessment dur- broadly disseminate information regarding guage learners. ing an academic year, the institution shall such practices that were found to be ineffec- ‘‘(10) The State shall refer to the data gen- collect and publish information with respect tive. erated for paragraphs (8) and (9) to report on to an average pass rate on State certifi- ‘‘SEC. 207. ACCOUNTABILITY FOR PROGRAMS the extent to which teacher preparation pro- cation or licensure assessments taken over a THAT PREPARE TEACHERS. grams are helping to address shortages of 3-year period. ‘‘(a) STATE REPORT CARD ON THE QUALITY qualified teachers, by level, subject, and spe- ‘‘(B) PROGRAM INFORMATION.—The number OF TEACHER AND PRINCIPAL PREPARATION.— cialty, in the State’s public schools, espe- of students in the program, the average num- Each State that receives funds under this cially in poor urban and rural areas as re- ber of hours of supervised practice teaching Act shall provide to the Secretary annually, quired by section 206(a)(5). required for those in the program, and the in a uniform and comprehensible manner ‘‘(b) REPORT OF THE SECRETARY ON THE number of full-time equivalent faculty and that conforms with the definitions and meth- QUALITY OF TEACHER PREPARATION.— students in supervised practice teaching. ods established by the Secretary, a State re- ‘‘(1) REPORT CARD.—The Secretary shall ‘‘(C) STATEMENT.—In States that require port card on the quality of teacher prepara- provide to Congress, and publish and make approval or accreditation of teacher edu- tion in the State, both for traditional certifi- widely available, a report card on teacher cation programs, a statement of whether the cation or licensure programs and for alter- qualifications and preparation in the United institution’s program is so approved or ac- native certification or licensure programs, States, including all the information re- credited, and by whom. which shall include at least the following: ported in paragraphs (1) through (10) of sub- ‘‘(D) DESIGNATION AS LOW-PERFORMING.— ‘‘(1) A description of the teacher and prin- section (a). Such report shall identify States Whether the program has been designated as cipal certification and licensure assess- for which eligible States and eligible part- low-performing by the State under section ments, and any other certification and licen- nerships received a grant under this part. 208(a). sure requirements, used by the State. Such report shall be so provided, published ‘‘(2) REQUIREMENT.—The information de- ‘‘(2) The standards and criteria that pro- and made available annually. scribed in paragraph (1) shall be reported spective teachers and principals must meet ‘‘(2) REPORT TO CONGRESS.—The Secretary through publications such as school catalogs in order to attain initial teacher and prin- shall report to Congress— and promotional materials sent to potential cipal certification or licensure and to be cer- ‘‘(A) a comparison of States’ efforts to im- applicants, secondary school guidance coun- tified or licensed to teach particular subjects prove teaching quality; and selors, and prospective employers of the in- or in particular grades within the State. ‘‘(B) regarding the national mean and me- stitution’s program graduates, including ma- ‘‘(3) A demonstration of the extent to dian scores on any standardized test that is terials sent by electronic means. which the assessments and requirements de- used in more than 1 State for teacher certifi- ‘‘(3) FINES.—In addition to the actions au- scribed in paragraph (1) are aligned with the cation or licensure. thorized in section 487(c), the Secretary may State’s standards and assessments for stu- ‘‘(3) SPECIAL RULE.—In the case of pro- impose a fine not to exceed $25,000 on an in- dents. grams with fewer than 10 students who have stitution of higher education for failure to ‘‘(4) The percentage of students who have completed the clinical coursework for a provide the information described in this completed the clinical coursework for a teacher preparation program taking any sin- subsection in a timely or accurate manner. teacher preparation program at an institu- gle initial teacher certification or licensure ‘‘(e) DATA QUALITY.—Either— tion of higher education or alternative cer- assessment during an academic year, the ‘‘(1) the Governor of the State; or tification program and who have taken and Secretary shall collect and publish informa- ‘‘(2) in the case of a State for which the passed each of the assessments used by the tion with respect to an average pass rate on constitution or law of such State designates State for teacher certification and licensure, State certification or licensure assessments another individual, entity, or agency in the and the passing score on each assessment taken over a 3-year period. State to be responsible for teacher certifi- that determines whether a candidate has ‘‘(c) COORDINATION.—The Secretary, to the cation and preparation activity, such indi- passed that assessment. extent practicable, shall coordinate the in- vidual, entity, or agency; ‘‘(5) For students who have completed the formation collected and published under this shall attest annually, in writing, as to the clinical coursework for a teacher prepara- part among States for individuals who took reliability, validity, integrity, and accuracy tion program at an institution of higher edu- State teacher certification or licensure as- of the data submitted pursuant to this sec- cation or alternative certification program, sessments in a State other than the State in tion. and who have taken and passed each of the which the individual received the individ- ‘‘SEC. 208. STATE FUNCTIONS. assessments used by the State for teacher ual’s most recent degree. ‘‘(a) STATE ASSESSMENT.—In order to re- certification and licensure, each such insti- ‘‘(d) INSTITUTION AND PROGRAM REPORT ceive funds under this Act, a State shall tution’s and each such program’s average CARDS ON QUALITY OF TEACHER PREPARA- have in place a procedure to identify and as- raw score, ranked by teacher preparation TION.— sist, through the provision of technical as- program, which shall be made available ‘‘(1) REPORT CARD.—Each institution of sistance, low-performing programs of teach- widely and publicly. higher education or alternative certification er preparation within institutions of higher ‘‘(6) A description of each State’s alter- program that conducts a teacher preparation education. Such State shall provide the Sec- native routes to teacher certification, if any, program that enrolls students receiving Fed- retary an annual list of such low-performing and the number and percentage of teachers eral assistance under this Act shall report institutions that includes an identification certified through each alternative certifi- annually to the State and the general public, of those institutions at risk of being placed cation route who pass State teacher certifi- in a uniform and comprehensible manner on such list. Such levels of performance shall cation or licensure assessments. that conforms with the definitions and meth- be determined solely by the State and may ‘‘(7) For each State, a description of pro- ods established by the Secretary, both for include criteria based upon information col- posed criteria for assessing the performance traditional certification or licensure pro- lected pursuant to this part. Such assess- of teacher and principal preparation programs and for alternative certification or li- ment shall be described in the report under grams in the State, including indicators of censure programs, the following informa- section 207(a). A State receiving Federal teacher and principal candidate skills, place- tion, disaggregated by major racial and eth- funds under this title shall develop plans to ment, and retention rates (to the extent fea- nic groups: close or reconstitute underperforming pro- sible), and academic content knowledge and ‘‘(A) PASS RATE.—(i) For the most recent grams of teacher preparation within institu- evidence of gains in student academic year for which the information is available, tions of higher education. achievement. the pass rate of each student who has com- ‘‘(b) TERMINATION OF ELIGIBILITY.—Any in- ‘‘(8) For each teacher preparation program pleted the clinical coursework for the teach- stitution of higher education that offers a in the State, the number of students in the er preparation program on the teacher cer- program of teacher preparation in which the program, the number of minority students in tification or licensure assessments of the State has withdrawn the State’s approval or the program, the average number of hours of State in which the institution is located, but terminated the State’s financial support due supervised practice teaching required for only for those students who took those as- to the low performance of the institution’s those in the program, and the number of full- sessments within 3 years of receiving a de- teacher preparation program based upon the

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6330 CONGRESSIONAL RECORD — SENATE June 9, 2005 State assessment described in subsection cation status and performance on licensure ‘‘(1) a high-need local educational agency; (a)— exams; and or ‘‘(1) shall be ineligible for any funding for ‘‘(B) allow for the analysis of gains in ‘‘(2) a consortium that includes at least professional development activities awarded achievement made by individual students one high-need local educational agency. by the Department of Education; and over time, including gains demonstrated ‘‘(c) DURATION.—Each grant under this sec- ‘‘(2) shall not be permitted to accept or en- through student academic assessments under tion shall be for a period of 3 years. roll any student who receives aid under title section 1111 and tests required by the State ‘‘(d) REQUIRED ACTIVITIES.—A teacher cen- IV of this Act in the institution’s teacher for course completion. ter receiving assistance under this section preparation program. ‘‘(3) STANDARDS.—The Secretary shall de- shall carry out each of the following activi- ‘‘SEC. 209. GENERAL PROVISIONS. velop standards for the collection of data ties: ‘‘In complying with sections 207 and 208, with grant funds under this section to ensure ‘‘(1) Providing high-quality professional the Secretary shall ensure that States and that such data are statistically valid and re- development to teachers to assist them in institutions of higher education use fair and liable. improving their knowledge, skills, and equitable methods in reporting and that the ‘‘(4) APPLICATION.—To seek a grant under teaching practices in order to help students reporting methods do not allow identifica- this section, a State shall submit an applica- to improve their achievement and meet tion of individuals.’’. tion at such time, in such manner, and con- State academic standards. SEC. 303. ENFORCING NCLB’S TEACHER EQUITY taining such information as the Secretary ‘‘(2) Providing teachers with information PROVISION. may require. At a minimum, each such appli- on developments in curricula, assessments, Subpart 2 of part E of title IX of the Ele- cation shall demonstrate to the Secretary’s and educational research, including the man- mentary and Secondary Education Act of satisfaction that the assessments used by ner in which the research and data can be 1965 (20 U.S.C. 7901 et seq.) is amended by the State to collect and analyze data for pur- used to improve teaching skills and practice. adding at the end the following: poses of this subsection— ‘‘(3) Providing training and support for new ‘‘SEC. 9537. ASSURANCE OF REASONABLE ‘‘(A) are aligned to State standards; teachers. PROGRESS TOWARD EQUITABLE AC- ‘‘(B) have the capacity to assess the ‘‘(e) PERMISSIBLE ACTIVITIES.—A teacher CESS TO TEACHER QUALITY. highest- and lowest-performing students; and center may use assistance under this section ‘‘(a) IN GENERAL.—The Secretary may not ‘‘(C) are statistically valid and reliable. for any of the following: provide any assistance to a State under this ‘‘(b) TEACHER TRAINING.—The Secretary ‘‘(1) Assessing the professional develop- Act unless, in the State’s application for may make grants to institutions of higher ment needs of the teachers and other in- such assistance, the State— education, local educational agencies, non- structional school employees, such as librar- ‘‘(1) provides the plan required by section profit organizations, and teacher organiza- ians, counselors, and paraprofessionals, to be 1111(b)(8)(C) and at least one public report tions to develop and implement innovative served by the center. pursuant to that section; programs to provide preservice and in-serv- ‘‘(2) Providing intensive support to staff to ‘‘(2) clearly articulates the measures the ice training to elementary and secondary improve instruction in literacy, mathe- schools on— State is using to determine whether poor and matics, science, and other curricular areas ‘‘(1) understanding increasingly sophisti- minority students are being taught dis- necessary to provide a well-rounded educated student achievement data, especially proportionately by inexperienced, unquali- cation to students. data derived from value-added longitudinal fied, or out-of-field teachers; ‘‘(3) Providing support to mentors working data systems; and ‘‘(3) includes an evaluation of the success with new teachers. ‘‘(2) using such data to improve classroom of the State’s plan required by section ‘‘(4) Providing training in effective instruc- instruction. 1111(b)(8)(C) in addressing any such dispari- tional services and classroom management ‘‘(c) STUDY.—The Secretary shall enter ties; strategies for mainstream teachers serving into an agreement with the National Acad- ‘‘(4) with respect to any such disparities, students with disabilities and students with proposes modifications to such plan; and emy of Sciences— ‘‘(1) to evaluate the quality of data on the limited English proficiency. ‘‘(5) includes a description of the State’s ‘‘(5) Enabling teachers to engage in study activities to monitor the compliance of local effectiveness of elementary and secondary school teachers, based on value-added stu- groups and other collaborative activities and educational agencies in the State with sec- collegial interactions regarding instruction. tion 1112(c)(1)(L). dent achievement gains; and ‘‘(2) to compare a range of models for col- ‘‘(6) Paying for release time and substitute ‘‘(b) EFFECTIVE DATE.—This section applies teachers in order to enable teachers to par- with respect to any assistance under this Act lecting and analyzing such data. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ticipate in the activities of the teacher cen- for which an application is submitted after ter. the date of the enactment of this section.’’. To carry out this section, there are authorized to be appropriated $200,000,000 for the pe- ‘‘(7) Creating libraries of professional ma- TITLE IV—EQUIPPING TEACHERS, riod of fiscal years 2006 and 2007 and such terials and educational technology. SCHOOLS, LOCAL EDUCATIONAL AGEN- sums as may be necessary for each of the 4 ‘‘(8) Providing high-quality professional CIES, AND STATES WITH THE 21ST CEN- succeeding fiscal years.’’. development for other instructional staff, TURY DATA, TOOLS, AND ASSESSMENTS such as paraprofessionals, librarians, and THEY NEED SEC. 402. COLLECTING NATIONAL DATA ON DIS- TRIBUTION OF TEACHERS. counselors. SEC. 401. 21ST CENTURY DATA, TOOLS, AND AS- Section 155 of the Education Sciences Re- ‘‘(9) Assisting teachers to become highly SESSMENTS. form Act of 2002 (20 U.S.C. 9545) is amended qualified and paraprofessionals to become Part E of title II of the Elementary and by adding at the end the following: teachers. Secondary Education Act of 1965, as added by ‘‘(d) SCHOOLS AND STAFFING SURVEY.—Not ‘‘(10) Assisting paraprofessionals to meet titles II and III of this Act, is amended by later than the end of fiscal year 2006, and the requirements of section 1119. adding at the end the following: every 3 years thereafter, the Statistics Com- ‘‘(11) Developing curricula. ‘‘Subpart 3—21st Century Data, Tools, and missioner shall publish the results of the ‘‘(12) Incorporating additional on-line pro- Assessments Schools and Staffing Survey (or any suc- fessional development resources for partici- ‘‘SEC. 2521. DEVELOPING VALUE-ADDED DATA cessor survey).’’. pants. SYSTEMS. TITLE V—RETENTION: KEEPING OUR ‘‘(13) Providing funding for individual- or ‘‘(a) TEACHER AND PRINCIPAL EVALUATION.— BEST TEACHERS IN THE CLASSROOM group-initiated classroom projects. ‘‘(1) GRANTS.—The Secretary shall make SEC. 501. AMENDMENT TO ELEMENTARY AND ‘‘(14) Developing partnerships with busi- grants to States to develop and implement SECONDARY EDUCATION ACT OF nesses and community-based organizations. statewide data systems to collect and ana- 1965. ‘‘(15) Establishing a teacher center site. lyze data on the effectiveness of elementary Part E of title II of the Elementary and ‘‘(f) TEACHER CENTER POLICY BOARD.— school and secondary school teachers and Secondary Education Act of 1965, as added by ‘‘(1) IN GENERAL.—A teacher center receiv- principals, based on value-added student titles II, III, and IV of this Act, is amended ing assistance under this section shall be op- achievement gains, for the purposes of— by adding at the end the following: erated under the supervision of a teacher ‘‘(A) determining the distribution of effec- ‘‘Subpart 4—Retention and Working center policy board. tive teachers and principals in schools across Conditions ‘‘(2) MEMBERSHIP.— the State; ‘‘SEC. 2531. IMPROVING PROFESSIONAL DEVEL- ‘‘(A) TEACHER REPRESENTATIVES.—The ma- ‘‘(B) developing measures for helping OPMENT OPPORTUNITIES. jority of the members of a teacher center teachers and principals to improve their in- ‘‘(a) GRANTS.—The Secretary may make policy board shall be representatives of, and struction; and grants to eligible entities for the establish- selected by, the elementary and secondary ‘‘(C) evaluating effectiveness of teacher ment and operation of new teacher centers school teachers to be served by the teacher and principal preparation programs. or the support of existing teacher centers. center. Such representatives shall be se- ‘‘(2) DATA REQUIREMENTS.—At a minimum, ‘‘(b) SPECIAL CONSIDERATION.—In making lected through the teacher organization, or a statewide data system under this section grants under this section, the Secretary if there is no teacher organization, by the shall— shall give special consideration to any appli- teachers directly. ‘‘(A) track student course-taking patterns cation submitted by an eligible entity that ‘‘(B) OTHER REPRESENTATIVES.—The mem- and teacher characteristics, such as certifi- is— bers of a teacher center policy board—

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6331 ‘‘(i) shall include at least two members ‘‘(ii) teaches 1 or more high-need subjects (2) by inserting after the items relating to who are representative of, or designated by, in 1 or more grades kindergarten through 8, subpart 2 of part E of title IX of the Elemen- the school board of the local educational ‘‘(B) received a baccalaureate or similar tary and Secondary Education Act of 1965 agency to be served by the teacher center; degree from an eligible educational institu- the following new item: ‘‘(ii) shall include at least one member who tion (as defined in section 25A(f)(2)) with a ‘‘Sec. 9537. Assurance of reasonable progress is a representative of, and is designated by, major in a high-need subject, and toward equitable access to the institutions of higher education (with de- ‘‘(C) is highly qualified (as defined in sec- teacher quality.’’. partments or schools of education) located in tion 9101(23) of the Elementary and Sec- the area; and ondary Education Act of 1965). By Mr. BURNS: ‘‘(iii) may include paraprofessionals. ‘‘(3) HIGH-NEED SUBJECTS.—For purposes of S. 1219. A bill to authorize certain ‘‘(g) APPLICATION.— this subsection, the term ‘high-need subject’ tribes in the State of Montana to enter ‘‘(1) IN GENERAL.—To seek a grant under means mathematics, science, engineering, into a lease or other temporary con- this section, an eligible entity shall submit technology, special education, teaching an application at such time, in such manner, English language learners, or any other sub- veyance of water rights to meet the and accompanied by such information as the ject identified as a high-need subject by the water needs of the Dry Prairie Rural Secretary may reasonably require. Secretary of Education for purposes of this Water Association, Inc; to the Com- ‘‘(2) ASSURANCE OF COMPLIANCE.—An appli- section. mittee on Energy and Natural Re- cation under paragraph (1) shall include an ‘‘(c) LIMITATION ON TOTAL REMUNERATION sources. assurance that the applicant will require any TAKEN INTO ACCOUNT.—In the case of any in- Mr. BURNS. Mr. President, today I teacher center receiving assistance through dividual whose employment is described in am introducing legislation that pro- the grant to comply with the requirements subsections (a)(1) and (b)(1), the total vides an important clarification to the of this section. amount of remuneration which may be taken Fort Peck Reservation Rural Water ‘‘(3) TEACHER CENTER POLICY BOARD.—An into account with respect to such employ- application under paragraph (1) shall include ment under this section for the taxable year System Act of 2000. The water project the following: shall not exceed $25,000.’’. authorized by that legislation will pro- ‘‘(A) An assurance that— (b) CLERICAL AMENDMENT.—The table of vide desperately needed drinking water ‘‘(i) the applicant has established a teacher section of such part is amended by inserting to the residents of the Fort Peck In- center policy board; after the item relating to section 139A the dian Reservation and the communities ‘‘(ii) the board participated fully in the following new item: surrounding the Reservation Dry Prai- preparation of the application; and ‘‘Sec. 139B. Compensation of certain rie Rural Water System. ‘‘(iii) the board approved the application as teachers and principals’’. In order to accomplish this, the As- submitted. (c) EFFECTIVE DATE.—The amendments siniboine and Sioux Tribes of the Fort ‘‘(B) A description of the membership of made by this section shall apply to remu- the board and the method of its selection. neration received in taxable years beginning Peck Reservation and Dry Prairie are ‘‘(h) DEFINITIONS.—In this section: after the date of the enactment of this Act. set to enter into an agreement, allow- ‘‘(1) The term ‘eligible entity’ means a SEC. 503. ABOVE-THE-LINE DEDUCTION FOR CER- ing Dry Prairie to use the water. The local educational agency or a consortium of TAIN EXPENSES OF ELEMENTARY Dry Prairie allocation will be approxi- 2 or more local educational agencies. AND SECONDARY SCHOOL TEACH- mately 2,800 acre feet of water. The ‘‘(2) The term ‘teacher center policy board’ ERS INCREASED AND MADE PERMA- agreement is consistent with the provi- means a teacher center policy board de- NENT. scribed in subsection (f). (a) IN GENERAL.—Subparagraph (D) of sec- sions of the Tribes’ Water Compact. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— tion 62(a)(2) of the Internal Revenue Code of However, to address any possible ques- To carry out this section, there are author- 1986 is amended by striking ‘‘In the case of’’ tions regarding the Tribes’ grant of use ized to be appropriated $100,000,000 for fiscal and all that follows through ‘‘$250’’ and in- of this water to Dry Prairie, both the year 2006 and such sums as may be necessary serting ‘‘The deductions allowed by section Tribes and Dry Prairie would like the for each of the 5 succeeding fiscal years.’’. 162 which consist of expenses, not in excess Secretary’s authority to approve this of $500’’. SEC. 502. EXCLUSION FROM GROSS INCOME OF water use agreement to be clearly ap- COMPENSATION OF TEACHERS AND (b) EFFECTIVE DATE.—The amendment PRINCIPALS IN CERTAIN HIGH-NEED made by this section shall apply to taxable proved by Congress. The legislation I SCHOOLS OR TEACHING HIGH-NEED years beginning after the date of the enact- am introducing today provides this SUBJECTS. ment of this Act. clarification. (a) IN GENERAL.—Part III of subchapter B TITLE VI—MISCELLANEOUS PROVISIONS The Project, as authorized, calls for of chapter 1 of the Internal Revenue Code of the water to be diverted from the Mis- 1986 is amended by inserting after section SEC. 601. CONFORMING AMENDMENTS. 139A the following new section: The table of contents at section 2 of the El- souri River at a single location south ementary and Secondary Education Act of ‘‘SEC. 139B. COMPENSATION OF CERTAIN TEACH- of Poplar, MT, to an intake system or ERS AND PRINCIPALS. 1965 (20 U.S.C. 6301 et seq.) is amended— an infiltration gallery. The estimated ‘‘(a) TEACHERS AND PRINCIPALS IN HIGH- (1) by inserting after the items relating to amount of annual project diversion is NEED SCHOOLS.— part D of title II of such Act the following 6,000 acre feet for the entire Project new items: ‘‘(1) IN GENERAL.—In the case of an indi- area. The Missouri River at the point ‘‘PART E—TEACHER EXCELLENCE FOR ALL vidual employed as a teacher or principal in of diversion has an average annual a high-need school during the taxable year, CHILDREN streamflow of approximately 7.5 mil- gross income does not include so much remu- ‘‘Sec. 2500. Definitions. neration for such employment (which would ‘‘SUBPART 1—DISTRIBUTION lion acre feet. but for this paragraph be includible in gross ‘‘Sec. 2501. Premium pay; loan repay- The Tribes, pursuant to their tribal- income) as does not exceed $15,000. ment. state water rights compact, one of the ‘‘(2) HIGH-NEED SCHOOL.—For purposes of ‘‘Sec. 2502. Career ladders for teachers first in the Nation, hold a water right this subsection, the term ‘high-need school’ program. to nearly one million acre feet in the means any public elementary school or pub- ‘‘SUBPART 2—PREPARATION Missouri River. This compact has been lic secondary school eligible for assistance ‘‘Sec. 2511. Establishing state-of-the-art approved by the Montana Water Court under section 1114 of the Elementary and teacher induction programs. and is binding on all the parties. This Secondary Education Act of 1965 (20 U.S.C. ‘‘Sec. 2512. Peer mentoring and review 6314). programs. Project will finally enable the Fort ‘‘(b) TEACHERS OF HIGH-NEED SUBJECTS.— ‘‘Sec. 2513. Establishing state-of-the-art Peck Tribes to receive critical benefits ‘‘(1) IN GENERAL.—In the case of an indi- principal training and induc- from its water settlement with the vidual employed as a teacher of high-need tion programs and perform- United States and the State of Mon- subjects during the taxable year, gross in- ance-based principal certifi- tana. As a result of this settlement, come does not include so much remuneration cation. the Tribes are able to make a signifi- for such employment (which would but for ‘‘Sec. 2514. Study on developing a port- cant contribution to the Project: the able performance-based teacher this paragraph be includible in gross income) water that will be used for the entire as does not exceed $15,000. assessment. system. My legislation will provide the ‘‘(2) TEACHER OF HIGH-NEED SUBJECTS.—For ‘‘SUBPART 3—21ST CENTURY DATA, TOOLS, AND purposes of this subsection, the term ‘teach- ASSESSMENTS legal clarity necessary to ensure this er of high-need subjects’ means any teacher ‘‘Sec. 2521. Developing value-added data project moves forward as intended. in a public elementary or secondary school systems. who— ‘‘SUBPART 4—RETENTION AND WORKING By Mr. DODD (for himself, Ms. ‘‘(A) (i) teaches primarily 1 or more high- CONDITIONS COLLINS, and Mr. LEAHY): need subjects in 1 or more grades 9 through ‘‘Sec. 2531. Improving professional devel- S. 1220. A bill to assist law enforce- 12, or opment opportunities.’’; and ment in their efforts to recover missing

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6332 CONGRESSIONAL RECORD — SENATE June 9, 2005 children and to strengthen the stand- missing children be deleted from the ing up-to-date registry information from all ards for State sex offender registration national database when those children sex offenders is a vital investigative tool for programs; to the Committee on the Ju- turn 18. Just because a child turns 18 law enforcement and obtaining it every 90 diciary. doesn’t mean that our country should days provides earlier warning to law enforce- Mr. DODD. Mr. President, I am ment of non-compliant offenders who may not try to find that child and certainly have traveled into other jurisdictions, plac- pleased to join with my colleague from doesn’t mean that the child should be ing new communities at risk. Maine, Senator COLLINS, and my col- forgotten. Requires States to inform another state league from Vermont, Senator LEAHY, Nothing we do as a Nation is more when a known registered person is moving to introduce legislation today to pro- important than building a better fu- into its jurisdiction. Placing this burden tect America’s children from the vi- ture for our children. And, nothing is solely on the sex offender leads to under-reg- cious criminals who prey on them. more important to building that future istration and places communities at risk. While we’ve made some progress in In order to give sex offenders a strong in- than keeping our children safe today. centive to comply with registry require- the last few years, anyone who picks Therefore, in my view, no legislation up a newspaper today can see that far ments, the bill mandates a felony designa- is more important to be enacted in this tion for the crime of non-compliance. Non- too many of our kids are still too vul- Congress than this legislation to pro- compliance must be viewed as an ongoing of- nerable. tect our children from every parent’s fense. The most recent annual data shows nightmare. I ask unanimous consent to that about 58,000 children were ab- have a brief summary of the bill print- By Mr. STEVENS (for himself, ducted by nonfamily members, usually ed in the RECORD. Mr. INOUYE, and Ms. CANT- people who are strangers to the chil- There being no objection, the mate- WELL): dren. The most frequent victims were rial was ordered to be printed in the S. 1222. A bill to amend the Internal teenage girls. Almost one-half of these RECORD as follows: Revenue Code of 1986 to reinstate the victims were sexually molested. Oil Spill Liability Trust Fund tax and Our bill, ‘‘The Prevention and Recov- PREVENTION AND RECOVERY OF MISSING to maintain a balance of $3 billion in CHILDREN ACT OF 2005—BRIEF SUMMARY ery of Missing Children Act of 2005’’, the Oil Spill Liability Trust Fund; to will take 3 common-sense steps to bet- The most recent annual data shows that the Committee on Finance. ter protect the children of America. 58,000 children were abducted by nonfamily members, mostly strangers to the children. Mr. STEVENS. Mr. President, I in- First, it will require that informa- troduce legislation today to maintain tion on a missing child be disseminated Most of the victims were teenage girls and nearly half were sexually molested. The Na- the solvency of the Oil Spill Liability throughout the country within 2 hours tional Crime Information Center (NCIC) Trust Fund established pursuant to the through the National Crime Informa- database is a critical means of cooperation, Oil Pollution Act of 1990. Shortly after tion Center database. The reason for linking 16,000 Federal, State, and local law midnight on March 24, 1989 the Exxon this requirement is that time is of the enforcement agencies. Currently, registra- Valdez went aground on Bligh reef and essence. In cases where a child is tion for convicted sex offender rules vary by caused an oil spill in Prince William state. A number of States rely on sex offend- killed, the evidence shows that the Sound that is to this day still being child died within the first three hours ers to self-report. Improves missing child reporting require- monitored, studied, and restored. I of being kidnapped. The more quickly wrote the Oil Pollution Act of 1990 in that police throughout the country can ments. Stops the practice of removing a missing child entry from the NCIC database the aftermath of this disaster to probe alerted, the more likely it is that we when the child reaches age 18, to increase vide the needed regulatory safeguards can save a child before a child is the chances for child recovery and investiga- to reduce the potential for a similar harmed. tive information available for other cases. spill to happen again and mitigate the Second, the bill will make it tougher Improves the chances for recovery of miss- environmental impacts in such an infor convicted sex offenders to escape ing children. Requires entry of child infor- stance. The Oil Spill Liability Trust the law and the watchful eye of the mation into the NCIC database within 2 Fund is the cornerstone of the Oil Pol- community in which they live. We hours of receipt. Immediate entry is critical know that far too many jurisdictions as evidenced by the fact that in 74 percent of lution Act ensuring funds for expedi- rely essentially on the voluntary ac- abduction homicide cases the child is dead tious oil removal and providing for un- within 3 hours and 91 percent are killed with- tions of the convicted sex offender to compensated damages to the environ- in 24 hours. ment. It is the ‘‘polluter pays’’ policy register his residence, his car and li- Strengthens sex offender registration re- cense plate, and other pertinent infor- under the Act that requires the respon- quirements. Each of the following suggested sible party to pay back into the Fund mation. Moreover, requirements vary amendments are currently part of the statu- from state to state and jurisdiction to tory sex offender registration policies and all costs and damages related to a spill. jurisdiction. procedures in at least one or more states. Unfortunately, the Oil Spill Liability Therefore the legislation we are in- Requires States to register sex offenders Trust Fund is rapidly running out of troducing today will provide tough na- before they are released from prison. Permit- money. At a recent Commerce Com- tional standards that will require these ting sex offenders to self-register can lead to mittee hearing the Commandant of the criminals to register before they are under-registration and loss of potentially Coast Guard testified that the Oil Spill vital investigative information for law en- released from prison. It will require, Liability Trust Fund would likely be forcement. depleted by 2009. And in its report on within 48 hours of moving to a new res- Requires the registering agency to obtain idence, that these individuals report to current fingerprints and a photograph (annu- the ‘‘Implementation of the Oil Pollu- local law enforcement and provide in- ally), as well as a DNA sample, from an of- tion Act of 1990’’, released May 12, 2005, formation about their residence, a cur- fender at the time of registration. Up-to-date the Coast Guard announced at the end rent photograph, DNA sample, as well identifying information is a vital investiga- of fiscal year 2004 there was $842 mil- as report the make, model, and license tive tool and may help law enforcement con- lion remaining in the Fund. This is plate number of his or her vehicle and nect seemingly unrelated cases in different compared to previous years when the get a drivers license or ID. Every 90 jurisdictions. un-obligated balance was well over $1 Requires registrants to obtain either a billion, as was required under the Act days, they would have to verify their driver’s license or an identification card registry information and annually pro- from the department of motor vehicles. This through a 5 cents per barrel of oil tax vide a new photograph. Failure to com- provides another mechanism through which collected from the oil industry on pe- ply with these requirements would sub- law enforcement can track the location of troleum produced in or imported to the ject the criminal to a felony. potential re-offenders. United States. The tax was suspended These new requirements are tough, Requires that registration changes occur on July 1, 1993 when the un-obligated but our children’s safety is far too im- within 48 hours of the changes taking effect. balance in the Fund exceeded $1 bil- portant to be left to patchwork laws The delay of registering changes creates a lion. Thereafter, the tax was reinstated ‘‘loophole’’ through which sex offenders can on July 1, 1994 when the balance de- and the voluntary action of convicted re-offend and remain undetected. criminals whose likelihood of repeating Requires all registered sex offenders to clined below $1 billion. However, the the crime is extremely high. verify their registry information every 90 tax expired on December 31, 1994 pursu- Third, the legislation removes a cur- days. Currently, this requirement is imposed ant to the sunset provision under the rent requirement that the names of for sexually violent predators only. Obtain- Act.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6333 Since this time, the Oil Spill Liabil- patients receive the best evidence- care for patients. But in fact, improv- ity Trust Fund has been unable to based treatment only about half the ing patient care is essential to reduc- maintain a funding level above $1 bil- time. ing costs. IT is the key to unlocking lion from its various revenue sources Significant cost-savings will un- the door—it has the potential to lead prescribed under the Act, which consist doubtedly be realized simply by mov- to improvements in care and efficiency of transfers from other existing pollu- ing away from a paper-based system, that will save patients’ lives, reduce tion funds, interest on the Fund prin- where patient charts and test results costs, and reduce the number of unin- cipal from U.S. Treasury investments, are easily lost or misplaced, to an elec- sured. cost recoveries from responsible par- tronic system where data is easily Unfortunately, despite the impact ties, and penalties. The only viable op- stored, transferred from location to lo- that IT can have on cost, efficiency, tion to maintain the Fund’s solvency is cation, and retrieved at any time. With patient safety, and health care quality, the reinstatement of the 5 cents per health IT, physicians will have their most health care providers have not barrel of oil tax. The bill I introduce patients’ medical information, at their yet begun to invest in new tech- today will require the 5 cents tax go fingertips. A physician will no longer nologies. The use of IT in most hos- into effect after the last day of the have to take another set of X-Rays be- pitals and doctors’ offices lags far be- first calendar quarter ending more cause the first set was misplaced, or hind almost every other sphere of soci- than 30 days after the date of enact- order a test that the patient had six ety. The vast majority of written work, ment. In addition, the bill provides months ago in another hospital be- such as patient charts and prescrip- that the Oil Spill Liabillty Trust Fund cause she is unaware that the test ever tions, is still done using pen and paper. be funded at $3 billion, and if the fund took place. The potential for cost-sav- This leads to mistakes, higher costs, drops below $2 billion the 5 cents per ings from simply eliminating reduced quality of care, and in the barrel tax will automatically be rein- redundancies and unnecessary tests, most tragic cases, death. stated until the fund exceeds $3 billion. and reducing administrative and trans- There is no question in my mind that action costs, is substantial. the federal government has a signifi- By Mr. DODD: Of course, when we consider the im- cant role to play in expanding invest- S. 1223. A bill to amend the Public proved quality of care and patient safe- ment in health IT. The legislation that Health Service Act to improve the ty that will result from wider adoption I am introducing today defines that quality and efficiency of health care of health IT, the impact on cost is even role. First, this bill would establish delivery through improvements in greater. For example, IT can provide federal leadership in defining a health care information technology, decision support to ensure that physi- Nationai Health Information Infra- and for other purposes; to the Com- cians are aware of the most up-to-date, structure (NHII) and adopting health mittee on Health, Education, Labor, evidence-based best practices regarding IT standards. While I am pleased that and Pensions. a specific disease or condition, which the administration has already ap- Mr. DODD. Mr. President, today I am will reduce expensive hospitalizations. pointed a National Coordinator for pleased to announce the reintroduction Given all of these benefits, estimates Health Information Technology, I be- of the Information Technology for suggest that Electrontc Health Records lieve that the authority given to the Health Care Quality Act. By encour- (EHRs) alone could save more than $100 Coordinator and the resources at his aging health care providers to invest in billion each year. The full benefits of disposal are not equal to the enormity information technology (IT), this legis- IT could be multiple hundreds of bil- of his task. That is why my legislation lation has the potential to bring sky- lions annually. Such a significant re- creates an office in the White House, rocketing health care costs under con- duction in health care costs would the Office of Health Information Tech- trol and improve the overall quality of allow us to provide coverage to mil- nology, to oversee all of the Federal care in our nation. lions of uninsured Americans. Government’s activities in the area of We are facing a health care crisis in The benefits of IT go beyond econom- health IT, and to create and implement our country. According to the Census ics. I am sure that all of my colleagues a national strategy to expand the adop- Bureau, 45 million Americans were are familiar with the Institute of Medi- tion of IT in health care. without health insurance in 2003—an cine (IOM) estimate that up to 98,000 This office would also be responsible increase of 1.4 million over 2002. In Americans die each year as a result of for leading a collaborative effort be- many respects, we have the greatest medical errors. A RAND Corporation tween the public and private sectors to health system in the world, but far too study from last year showed that, on develop technical standards for health many Americans are unable to take ad- average, patients receive the rec- IT. These standards will ensure that vantage of this system. ommended care for certain widespread health care information can be shared The number of uninsured continues chronic conditions only half of the between providers, so that a family to rise because the cost of health care time. That is an astonishing figure. To moving from Connecticut to California continues to soar. Year after year, put it in a slightly different way, for will not have to leave their medical health care costs increase by double- many of the health conditions with history behind. At the same time, this digit percentages. The cost of em- which physicians should be most famil- bill would ensure that the adopted ployer-sponsored coverage increased by iar, half of all patients are essentially standards protect the privacy of pa- 11 percent last year, after a 14-percent being treated incorrectly. tient records. While the creation of increase in 2003. Employers are drop- Most experts in the field of patient portable electronic health records is an ping health care coverage because they safety and health care quality, important goal, privacy and confiden- can no longer afford to foot the bill. incuding the IOM, agree that improv- tiality must not be sacrificed. One of the ways to provide health ing IT is one of the crucial steps to- This legislation would also provide care coverage to every American is to wards safer and better health care. By financial assistance to individual reign in health care costs. And expand- providing physicians with access to pa- health care providers to stimulate in- ing the use of IT in health care is the tients’ complete medical history, as vestment in IT, and to communities to best tool we have to control costs. well as electronic cues to help them help them set up interoperable IT in- Studies have shown that as much as make the correct treatment decisions, frastructures at the local level, often one-third of health care spending is for IT has the potential to significantly referred to as Local Health Informa- redundant or inappropriate care. Esti- impact the care that Americans re- tion Infrastructures—LHIIs. IT re- mates suggest that up to 14 percent of ceive. It is impossible to put a value on quires a huge capital investment. Many laboratory tests and 11 percent of the potential savings in human lives providers, especially small doctors of- medication usage are unnecessary. Fi- that would undoubtedly result from a fices, and safety-net and rural hos- nally, and perhaps most disturbingly, nationwide investment in health care pitals and health centers, simply can- we know that it takes, on average, 17 information technology. not afford to make the type of invest- years for evidence to be incorporated It might seem counterintuitive that ment that is needed. into clinical practice. Along these we can realize tremendous cost savings Finally, this legislation would pro- same lines, a recent study showed that while, at the same time, improving vide for the development of a standard

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6334 CONGRESSIONAL RECORD — SENATE June 9, 2005 set of health care quality measures. skilled nursing facility, home health entity, ‘‘(A) serve as the principle advisor to the The creation of these measures is crit- health care clinic, community health center, President concerning health information ical to better understanding how our group practice (as defined in section technology; health care system is performing, and 1877(h)(4) of the Social Security Act, includ- ‘‘(B) direct all health information tech- ing practices with only 1 physician), and any nology activity within the Federal Govern- where we need to focus our efforts to other facility or clinician determined appro- ment, including approving or disapproving improve the quality of care. IT has the priate by the Director. agency policies submitted under paragraph potential to drastically improve our ‘‘(4) HEALTH INFORMATION TECHNOLOGY.— (3); ability to capture these quality meas- The term ‘health information technology’ ‘‘(C) work with public and private health ures. All recipients of Federal funding means a computerized system that— information technology stakeholders to im- under this bill would be required to ‘‘(A) is consistent with the standards de- plement the national strategy described in regularly report on these measures, as veloped pursuant to section 2903; paragraph (1); and ‘‘(B) permits the secure electronic trans- ‘‘(D) ensure that health information tech- well as the impact that IT is having on mission of information to other health care health care quality, efficency, and cost nology is utilized as fully as practicable in providers and public health entities; and carrying out health surveillance efforts. savings. ‘‘(C) includes— ‘‘(3) AGENCY POLICIES.— ‘‘(i) an electronic health record (EHR) that The establishment of standard qual- ‘‘(A) IN GENERAL.—The Office shall, in ac- ity measures is also the first step in provides access in real-time to the patient’s cordance with this paragraph, approve or dis- complete medical record; moving our nation towards a system approve the policies of Federal departments ‘‘(ii) a personal health record (PHR) where payment for health care is more or agencies with respect to any policy pro- through which an individual (and anyone au- posed to be implemented by such agency or appropriately aligned—a system in thorized by such individual) can maintain department that would significantly affect which health care providers are paid and manage their health information; that agency or department’s use of health in- not simply for the volume of patients ‘‘(iii) computerized provider order entry formation technology. that they treat, but for the quality of (CPOE) technology that permits the elec- ‘‘(B) SUBMISSION OF PROPOSAL.—The head of tronic ordering of diagnostic and treatment care that they deliver. To this end, my any Federal Government agency or depart- services, including prescription drugs; legislation would require the Secretary ment that desires to implement any policy ‘‘(iv) decision support to assist physicians of Health and Human Services to re- with respect to such agency or department in making clinical decisions by providing port to Congress on possible changes to that would significantly affect that agency electronic alerts and reminders to improve or department’s use of health information Federal reimbursement and payment compliance with best practices, promote reg- technology shall submit an implementation structures that would encourage the ular screenings and other preventive prac- proposal to the Office at least 60 days prior adoption of IT to improve health care tices, and facilitate diagnoses and treat- to the proposed date of the implementation quality and patient safety. ments; of such policy. I know that many of my colleagues, ‘‘(v) error notification procedures so that a ‘‘(C) APPROVAL OR DISAPPROVAL.—Not later warning is generated if an order is entered including Senator ENZI, Senator KEN- than 60 days after the date on which a pro- that is likely to lead to a significant adverse NEDY, Senator CLINTON, Senator FRIST posal is received under subparagraph (B), the outcome for the patient; and and Senator GREGG, have an interest in Office shall determine whether to approve ‘‘(vi) tools to allow for the collection, anal- the implementation of such proposal. In this issue. I look forward to working ysis, and reporting of data on adverse events, making such determination, the Office shall with all of them to move legislation near misses, and the quality of care provided consider whether the proposal is consistent this year. It is time for our country to to the patient. with the national strategy described in para- make a concerted effort to bring the ‘‘(5) LOCAL HEALTH INFORMATION INFRA- graph (1). If the Office fails to make a deter- STRUCTURES.—The term ‘local health infor- health care sector into the 21st cen- mination within such 60-day period, such mation infrastructure’ means an inde- tury. We must invest in health IT sys- proposal shall be deemed to be approved. pendent organization of health care entities tems, and we must begin to do so im- ‘‘(D) FAILURE TO APPROVE.—Except as oth- established for the purpose of linking health mediately. The number uninsured, the erwise provided for by law, a proposal sub- information systems to electronically share mitted under subparagraph (B) may not be skyrocketing cost of care, and the information. A local health information in- implemented unless such proposal is ap- number of medical errors should all frastructure may not be a single business en- proved or deemed to be approved under sub- serve as a wake-up call. We have a tool tity. paragraph (C). at our disposal to address all of these ‘‘(6) OFFICE.—The term ‘Office’ means the ‘‘(4) COORDINATION.—The Office shall— Office of Health Information Technology es- problems, and there is no more time to ‘‘(A) encourage the development and adop- tablished under section 2902. waste. I urge my colleagues to support tion of clinical, messaging, and decision sup- this legislation. ‘‘SEC. 2902. OFFICE OF HEALTH INFORMATION TECHNOLOGY. port health information data standards, pur- I ask unanimous consent that the suant to the requirements of section 2903; ‘‘(a) ESTABLISHMENT.—There is established text of this bill be printed in the within the executive office of the President ‘‘(B) ensure the maintenance and imple- RECORD. an Office of Health Information Technology. mentation of the data standards described in There being no objection, the bill was The Office shall be headed by a Director to subparagraph (A); ‘‘(C) oversee and coordinate the health in- ordered to be printed in the RECORD, as be appointed by the President. The Director formation technology efforts of the Federal follows: shall report directly to the President. ‘‘(b) PURPOSE.—It shall be the purpose of Government; S. 1223 the Office to— ‘‘(D) ensure the compliance of the Federal Be it enacted by the Senate and House of Rep- ‘‘(1) improve the quality and increase the Government with Federally adopted health resentatives of the United States of America in efficiency of health care delivery through information technology data standards; Congress assembled, the use of health information technology; ‘‘(E) ensure that the Federal Government SECTION 1. SHORT TITLE. ‘‘(2) provide national leadership relating consults and collaborates on decision mak- This Act may be cited as the ‘‘Information to, and encourage the adoption of, health in- ing with respect to health information tech- Technology for Health Care Quality Act’’. formation technology; nology with the private sector and other interested parties; and SEC. 2. AMENDMENT TO THE PUBLIC HEALTH ‘‘(3) direct all health information tech- SERVICE ACT. nology activities within the Federal Govern- ‘‘(F) in consultation with private sector, The Public Health Service Act (42 U.S.C. ment; and adopt certification and testing criteria to de- 201 et seq.) is amended by adding at the end ‘‘(4) facilitate the interaction between the termine if electronic health information sys- thereof the following: Federal Government and the private sector tems interoperate. relating to health information technology ‘‘(5) COMMUNICATION.—The Office shall— ‘‘TITLE XXIX—HEALTH CARE development and use. ‘‘(A) act as the point of contact for the pri- INFORMATION TECHNOLOGY ‘‘(c) DUTIES AND RESPONSIBILITIES.—The Of- vate sector with respect to the use of health ‘‘SEC. 2901. DEFINITIONS. fice shall be responsible for the following: information technology; and ‘‘In this title: ‘‘(1) NATIONAL STRATEGY.—The Office shall ‘‘(B) work with the private sector to col- ‘‘(1) COVERAGE AREA.—The term ‘coverage develop a national strategy for improving lect and disseminate best health information area’ means the boundaries of a local health the quality and enhancing the efficiency of technology practices. information infrastructure. health care through the improved use of ‘‘(6) EVALUATION AND DISSEMINATION.—The ‘‘(2) DIRECTOR.—The term ‘Director’ means health information technology and the cre- Office shall coordinate with the Agency for the Director of the Office of Health Informa- ation of a National Health Information In- Health Research and Quality and other Fed- tion Technology. frastructure. eral agencies to— ‘‘(3) HEALTH CARE PROVIDER.—The term ‘‘(2) FEDERAL LEADERSHIP.—The Office ‘‘(A) evaluate and disseminate information ‘health care provider’ means a hospital, shall— relating to evidence of the costs and benefits

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6335 of health information technology and to or department shall adopt, regulations to en- ‘‘SEC. 2904. LOAN GUARANTEES FOR THE ADOP- whom those costs and benefits accrue; sure that each such agency or department TION OF HEALTH INFORMATION ‘‘(B) evaluate and disseminate information complies with the requirements of sub- TECHNOLOGY. on the impact of health information tech- section (b). ‘‘(a) IN GENERAL.—The Director shall guarantee payment of the principal of and the in- nology on the quality and efficiency of pa- ‘‘(2) REQUIREMENTS.—The standards devel- terest on loans made to eligible entities to tient care; and oped and adopted under paragraph (1) shall enable such entities— ‘‘(C) review Federal payment structures be designed to— ‘‘(1) to implement local health information and differentials for health care providers ‘‘(A) enable health information technology infrastructures to facilitate the development that utilize health information technology to be used for the collection and use of clini- of interoperability across health care set- systems. cally specific data; tings to improve quality and efficiency; or ‘‘(7) TECHNICAL ASSISTANCE.—The Office ‘‘(B) promote the interoperability of health ‘‘(2) to facilitate the purchase and adoption shall utilize existing private sector quality care information across health care settings; of health information technology to improve improvement organizations to— ‘‘(C) facilitate clinical decision support quality and efficiency. ‘‘(A) promote the adoption of health infor- through the use of health information tech- ‘‘(b) ELIGIBILITY.—To be eligible to receive mation technology among healthcare pro- nology; and a loan guarantee under subsection (a) an en- viders; and ‘‘(D) ensure the privacy and confidentiality tity shall— ‘‘(B) provide technical assistance con- of medical records. ‘‘(1) with respect to an entity desiring a cerning the implementation of health infor- ‘‘(3) PUBLIC PRIVATE PARTNERSHIP.—Con- loan guarantee— mation technology to healthcare providers. sistent with activities being carried out on ‘‘(A) under subsection (a)(1), be a coalition ‘‘(8) FEDERAL REIMBURSEMENT.— the date of enactment of this title, including of entities that represent an independent ‘‘(A) IN GENERAL.—Not later than 6 months the Consolidated Health Informatics Initia- consortium of health care stakeholders with- after the date of enactment of this title, the tive (or a successor organization to such Ini- in a community that— Office shall make recommendations to the tiative), health information technology ‘‘(i) includes— President and the Secretary of Health and standards shall be adopted by the Director ‘‘(I) physicians (as defined in section Human Service on changes to Federal reim- under paragraph (1) at the conclusion of a 1881(r)(1) of the Social Security Act); bursement and payment structures that collaborative process that includes consulta- ‘‘(II) hospitals; and would encourage the adoption of information tion between the Federal Government and ‘‘(III) group health plans or other health technology (IT) to improve health care qual- private sector health care and information insurance issuers (as such terms are defined ity and safety. technology stakeholders. in section 2791); and ‘‘(B) PLAN.—Not later than 90 days after re- ‘‘(4) PRIVACY AND SECURITY.—The regula- ‘‘(ii) may include any other health care ceiving recommendations under subpara- tions promulgated by the Secretary under providers; or graph (A), the Secretary shall provide to the part C of title XI of the Social Security Act ‘‘(B) under subsection (a)(2) be a health relevant Committees of Congress a report (42 U.S.C. 1320d et seq.) and sections 261, 262, care provider; that provides, with respect to each rec- 263, and 264 of the Health Insurance Port- ‘‘(2) to the extent practicable, adopt the ommendation, a plan for the implementa- ability and Accountability Act of 1996 (42 national health information technology tion, or an explanation as to why implemen- U.S.C. 1320d–2 note) with respect to the pri- standards adopted under section 2903; tation is inadvisable, of such recommenda- vacy, confidentiality, and security of health ‘‘(3) provide assurances that the entity tions. The Office shall continue to monitor information shall apply to the implementa- shall submit to the Director regular reports federally funded and supported information tion of programs and activities under this on the activities carried out under the loan technology and quality initiatives (including title. guarantee, including— the initiatives authorized in this title), and ‘‘(5) PILOT TESTS.—To the extent practical, ‘‘(A) a description of the financial costs periodically update recommendations to the the Director shall pilot test the health infor- and benefits of the project involved and of President and the Secretary. mation technology data standards developed the entities to which such costs and benefits ‘‘(d) RESOURCES.—The President shall under paragraph (1) prior to their implemen- accrue; make available to the Office, the resources, tation under this section. ‘‘(B) a description of the impact of the both financial and otherwise, necessary to ‘‘(6) DISSEMINATION.— project on health care quality and safety; enable the Director to carry out the purposes ‘‘(A) IN GENERAL.—The Director shall en- of, and perform the duties and responsibil- and sure that the standards adopted under para- ‘‘(C) a description of any reduction in du- ities of the Office under, this section. graph (1) are widely disseminated to inter- ‘‘(e) DETAIL OF FEDERAL EMPLOYEES.—Upon plicative or unnecessary care as a result of ested stakeholders. the request of the Director, the head of any the project involved; ‘‘(B) LICENSING.—To facilitate the dissemi- Federal agency is authorized to detail, with- ‘‘(4) provide assurances that not later than nation and implementation of the standards out reimbursement from the Office, any of 30 days after the development of the stand- the personnel of such agency to the Office to developed and adopted under paragraph (1), ard quality measures pursuant to section assist it in carrying out its duties under this the Director may license such standards, or 2906, the entity shall submit to the Director section. Any such detail shall not interrupt utilize other means, to ensure the wide- regular reports on such measures, including or otherwise affect the civil service status or spread use of such standards. provider level data and analysis of the im- privileges of the Federal employee. ‘‘(b) IMPLEMENTATION OF STANDARDS.— pact of information technology on such ‘‘SEC. 2903. PROMOTING THE INTEROPERABILITY ‘‘(1) PURCHASE OF SYSTEMS BY THE SEC- measures; OF HEALTH CARE INFORMATION RETARY.—Effective beginning on the date ‘‘(5) prepare and submit to the Director an TECHNOLOGY SYSTEMS. that is 1 year after the adoption of the tech- application at such time, in such manner, ‘‘(a) DEVELOPMENT, AND FEDERAL GOVERN- nology standards pursuant to subsection (a), and containing such information as the Di- MENT ADOPTION, OF STANDARDS.— the Secretary shall not purchase any health rector may require. ‘‘(1) ADOPTION.— care information technology system unless ‘‘(c) USE OF FUNDS.—Amounts received ‘‘(A) IN GENERAL.—Not later than 2 years such system is in compliance with the stand- under a loan guarantee under subsection (a) after the date of the enactment of this title, ards adopted under subsection (a), nor shall shall be used— the Director, in collaboration with the Con- the Director approve any proposal pursuant ‘‘(1) with respect to a loan guarantee de- solidated Health Informatics Initiative (or a to section 2902(c)(3) unless such proposal uti- scribed in subsection (a)(1)— successor organization to such Initiative), lizes systems that are in compliance with ‘‘(A) to develop a plan for the implementa- shall provide for the adoption by the Federal the standards adopted under subsection (a). tion of a local health information infrastruc- Government of national data and commu- ‘‘(2) RECIPIENTS OF FEDERAL FUNDS.—Effec- ture under this section; nication health information technology tive on the date described in paragraph (1), ‘‘(B) to establish systems for the sharing of standards that promote the efficient ex- no appropriated funds may be used to pur- data in accordance with the national health change of data between varieties of provider chase a health care information technology information technology standards developed health information technology systems. In system unless such system is in compliance under section 2903; carrying out the preceding sentence, the Di- with applicable standards adopted under sub- ‘‘(C) to purchase directly related inte- rector may adopt existing standards. Except section (a). grated hardware and software to establish an as otherwise provided for in this title, stand- interoperable health information technology ards adopted under this section shall be vol- ‘‘(c) MODIFICATION OF STANDARDS.—The Di- system that is capable of linking to a local untary for private sector entities. rector shall provide for ongoing oversight of health care information infrastructure; and ‘‘(B) GRANTS OR CONTRACTS.—The Director the health information technology standards ‘‘(D) to train staff, maintain health infor- may utilize grants or contracts to provide developed under subsection (a) to— mation technology systems, and maintain for the private sector development of stand- ‘‘(1) identify gaps or other shortcomings in adequate security and privacy protocols; ards for adoption by the Federal Government such standards; and ‘‘(2) with respect to a loan guarantee de- under subparagraph (A). ‘‘(2) modify such standards when deter- scribed in subsection (a)(2)— ‘‘(C) DEFINITION.—In this paragraph, the mined appropriate or develop additional ‘‘(A) to develop a plan for the purchase and term ‘provide for’ means that the Director standards, in collaboration with standard installation of health information tech- shall promulgate, and each Federal agency setting organizations. nology;

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6336 CONGRESSIONAL RECORD — SENATE June 9, 2005 ‘‘(B) to purchase directly related inte- United States shall be subrogated to all of ‘‘(7) agree to provide matching funds in ac- grated hardware and software to establish an the rights of the recipient of the payments cordance with subsection (g). interoperable health information technology with respect to which the loan was made. ‘‘(c) USE OF FUNDS.—Amounts received system that is capable of linking to a na- ‘‘(ii) MODIFICATION OF TERMS.—Any terms under a grant under subsection (a) shall be tional or local health care information infra- and conditions applicable to a loan guar- used to— structure; and antee under this section may be modified by ‘‘(1) with respect to a grant described in ‘‘(C) to train staff, maintain health infor- the Director to the extent the Director de- subsection (a)(1)— mation technology systems, and maintain termines it to be consistent with the finan- ‘‘(A) to develop a plan for the implementa- adequate security and privacy protocols; and cial interest of the United States. tion of a local health information infrastruc- ‘‘(3) to carry out any other activities deter- ‘‘(3) DEFAULTS.—The Director may take ture under this section; mined appropriate by the Director. such action as the Director deems appro- ‘‘(B) to establish systems for the sharing of ‘‘(d) SPECIAL CONSIDERATIONS FOR CERTAIN priate to protect the interest of the United data in accordance with the national health ENTITIES.—In awarding loan guarantees States in the event of a default on a loan information technology standards developed under this section, the Director shall give guaranteed under this section, including tak- under section 2903; special consideration to eligible entities ing possession of, holding, and using real ‘‘(C) to implement, enhance, or upgrade a that— property pledged as security for such a loan comprehensive, electronic health informa- ‘‘(1) provide service to low-income and un- guarantee. tion technology system; and derserved populations; and ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(D) to maintain adequate security and ‘‘(2) agree to electronically submit the in- ‘‘(1) IN GENERAL.—There is authorized to be privacy protocols; formation described in paragraphs (3) and (4) appropriated to carry out this section, ‘‘(2) with respect to a grant described in of subsection (b) on a daily basis. $250,000,000 for each of fiscal years 2006 subsection (a)(2)— PECIAL CONSIDERATIONS FOR LOCAL ‘‘(e) S through 2011. HEALTH INFORMATION INFRASTRUCTURES.—In ‘‘(A) to develop a plan for the purchase and ‘‘(2) AVAILABILITY.—Amounts appropriated awarding loan guarantees under this section installation of health information tech- under subparagraph (A) shall remain avail- to local health information infrastructures, nology; able for obligation until expended. the Director shall give special consideration ‘‘(B) to purchase directly related inte- to eligible entities that— ‘‘SEC. 2905. GRANTS FOR THE PURCHASE OF grated hardware and software to establish an ‘‘(1) include at least 50 percent of the pa- HEALTH INFORMATION TECH- interoperable health information technology tients living in the designated coverage area; NOLOGY. system that is capable of linking to a na- ‘‘(2) incorporate public health surveillance ‘‘(a) IN GENERAL.—The Director may award tional or local health care information infra- and reporting into the overall architecture competitive grants to eligible entities— structure; and of the proposed infrastructure; and ‘‘(1) to implement local health information ‘‘(C) to train staff, maintain health infor- ‘‘(3) link local health information infra- infrastructures to facilitate the development mation technology systems, and maintain structures. of interoperability across health care set- adequate security and privacy protocols; ‘‘(f) AREAS OF SPECIFIC INTEREST.—In tings; or ‘‘(3) maintain adequate security and pri- awarding loan guarantees under this section, ‘‘(2) to facilitate the purchase and adoption vacy protocols; and the Director shall include— of health information technology. ‘‘(4) to carry out any other activities deter- ‘‘(1) entities with a coverage area that in- ‘‘(b) ELIGIBILITY.—To be eligible to receive mined appropriate by the Director. cludes an entire State; and a grant under section (a) an entity shall— ‘‘(d) SPECIAL CONSIDERATIONS FOR CERTAIN ‘‘(2) entities with a multi-state coverage ‘‘(1) demonstrate financial need to the Di- ENTITIES.—In awarding grants under this area. rector; section, the Director shall give special con- ‘‘(g) ADMINISTRATIVE PROVISIONS.— ‘‘(2) with respect to an entity desiring a sideration to eligible entities that— ‘‘(1) AGGREGATE AMOUNT.— grant— ‘‘(1) provide service to low-income and un- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) under subsection (a)(1), represent an derserved populations; and subparagraph (B), the aggregate amount of independent consortium of health care ‘‘(2) agree to electronically submit the in- principal of loans guaranteed under sub- stakeholders within a community that— formation described in paragraphs (4) and (5) section (a) with respect to an eligible entity ‘‘(i) includes— of subsection (b). may not exceed $5,000,000. In any 12-month ‘‘(I) physicians (as defined in section ‘‘(e) SPECIAL CONSIDERATIONS FOR LOCAL period the amount disbursed to an eligible 1881(r)(1) of the Social Security Act); HEALTH INFORMATION INFRASTRUCTURES.—In entity under this section (by a lender under ‘‘(II) hospitals; and awarding grants under this section to local a guaranteed loan) may not exceed $5,000,000. ‘‘(III) group health plans or other health health information infrastructures, the Di- ‘‘(B) EXCEPTION.—The cumulative total of insurance issuers (as such terms are defined rector shall give special consideration to eli- the principal of the loans outstanding at any in section 2791); and gible entities that— time to which guarantees have been issued ‘‘(ii) may include any other health care ‘‘(1) include at least 50 percent of the pa- under subsection (a) may not exceed such providers; or tients living in the designated coverage area; limitations as may be specified in appropria- ‘‘(B) under subsection (a)(2) be a health ‘‘(2) incorporate public health surveillance tion Acts. care provider that provides health care serv- and reporting into the overall architecture ‘‘(2) PROTECTION OF FEDERAL GOVERN- ices to low-income and underserved popu- of the proposed infrastructure; and MENT.— lations; ‘‘(3) link local health information infra- ‘‘(A) IN GENERAL.—The Director may not ‘‘(3) adopt the national health information structures; approve an application for a loan guarantee technology standards developed under sec- under this section unless the Director deter- tion 2903; ‘‘(f) AREAS OF SPECIFIC INTEREST.—In mines that— ‘‘(4) provide assurances that the entity awarding grants under this section, the Di- ‘‘(i) the terms, conditions, security (if shall submit to the Director regular reports rector shall include— any), and schedule and amount of repay- on the activities carried out under the loan ‘‘(1) entities with a coverage area that in- ments with respect to the loan are sufficient guarantee, including— cludes an entire State; and to protect the financial interests of the ‘‘(A) a description of the financial costs ‘‘(2) entities with a multi-state coverage United States and are otherwise reasonable, and benefits of the project involved and of area. including a determination that the rate of the entities to which such costs and benefits ‘‘(g) MATCHING REQUIREMENT.— interest does not exceed such percent per accrue; ‘‘(1) IN GENERAL.—The Director may not annum on the principal obligation out- ‘‘(B) a description of the impact of the make a grant under this section to an entity standing as the Director determines to be project on health care quality and safety; unless the entity agrees that, with respect to reasonable, taking into account the range of and the costs to be incurred by the entity in car- interest rates prevailing in the private mar- ‘‘(C) a description of any reduction in du- rying out the infrastructure program for ket for loans with similar maturities, terms, plicative or unnecessary care as a result of which the grant was awarded, the entity will conditions, and security and the risks as- the project involved; make available (directly or through dona- sumed by the United States; and ‘‘(5) provide assurances that not later than tions from public or private entities) non- ‘‘(ii) the loan would not be available on 30 days after the development of the stand- Federal contributions toward such costs in reasonable terms and conditions without the ard quality measures pursuant to section an amount equal to not less than 20 percent enactment of this section. 2906, the entity shall submit to the Director of such costs ($1 for each $5 of Federal funds ‘‘(B) RECOVERY.— regular reports on such measures, including provided under the grant). ‘‘(i) IN GENERAL.—The United States shall provider level data and analysis of the im- ‘‘(2) DETERMINATION OF AMOUNT CONTRIB- be entitled to recover from the applicant for pact of information technology on such UTED.—Non-Federal contributions required a loan guarantee under this section the measures; under paragraph (1) may be in cash or in amount of any payment made pursuant to ‘‘(6) prepare and submit to the Director an kind, fairly evaluated, including equipment, such loan guarantee, unless the Director for application at such time, in such manner, technology, or services. Amounts provided good cause waives such right of recovery, and containing such information as the Di- by the Federal Government, or services as- and, upon making any such payment, the rector may require; and sisted or subsidized to any significant extent

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6337 by the Federal Government, may not be in- the Federal Government, and the state of will have a chance to enjoy and cherish cluded in determining the amount of such quality measurement for priority areas that them. non-Federal contributions. links data to the report submitted under That is why I am pleased to intro- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— paragraph (2) for the year involved; and duce the National Oceans Protection ‘‘(1) IN GENERAL.—There is authorized to be ‘‘(2) submit to Congress a report that de- appropriated to carry out this section, tails areas of clinical care requiring further Act of 2005—comprehensive legislation $250,000,000 for each of fiscal years 2006 research necessary to establish effective to improve the health and governance through 2011. clinical treatments that will serve as a basis of our oceans. The bill is co-sponsored ‘‘(2) AVAILABILITY.—Amounts appropriated for additional quality indicators. by Senator LAUTENBERG. under paragraph (1) shall remain available ‘‘(e) COMPARATIVE QUALITY REPORTS.—Be- This legislation ‘‘was written after for obligation until expended.’’. ginning not later than 3 years after the date two major oceans commission reports SEC. 3. STANDARDIZED MEASURES OF QUALITY of enactment of this title, in order to make in the past two years determined that HEALTH CARE AND DATA COLLEC- comparative quality information available TION. to health care consumers, including mem- our oceans are in a state of crisis. The Title XXIX of the Public Health Service bers of health disparity populations, health congressionally-established U.S. Com- Act, as added by section 2, is amended by professionals, public health officials, re- mission on Ocean Policy and the inde- adding at the end the following: searchers, and other appropriate individuals pendent Pew Oceans Commission pro- ‘‘SEC. 2906. STANDARDIZED MEASURES OF QUAL- and entities, the Secretaries shall provide for vided detailed descriptions of the chal- ITY HEALTH CARE. the pooling, analysis, and dissemination of lenges our oceans are facing as well as ‘‘(a) IN GENERAL.— quality measures collected under this sec- specific solutions to improve ocean ‘‘(1) COLLABORATION.—The Secretary of tion. Nothing in this section shall be con- health. Health and Human Services, the Secretary of strued as modifying the privacy standards Defense, and the Secretary of Veterans Af- under the Health Insurance Portability and From pollution to over-fishing to fairs (referred to in this section as the ‘Sec- Accountability Act of 1996 (Public Law 104– invasive species, there are many fac- retaries’), in consultation with the Quality 191). tors that have contributed to the cur- Interagency Coordination Taskforce (as es- ‘‘(f) ONGOING EVALUATION OF USE.—The rent crisis in which we find ourselves. tablished by Executive Order on March 13, Secretary of Health and Human Services Pollution threatens all aspects of 1998), the Institute of Medicine, the Joint shall ensure the ongoing evaluation of the ocean health. Every 8 months, nearly Commission on Accreditation of Healthcare use of the health care quality measures es- 11 million gallons of oil flow from Organizations, the National Committee for tablished under this section. Quality Assurance, the American Health ‘‘(g) EVALUATION AND REGULATIONS.— American roads into our waters—the Quality Association, the National Quality ‘‘(1) EVALUATION.— equivalent of the Exxon Valdez oil Forum, the Medicare Payment Advisory ‘‘(A) IN GENERAL.—The Secretary shall, di- spill. Committee, and other individuals and orga- rectly or indirectly through a contract with Our oceans are also showing signs of nizations determined appropriate by the Sec- another entity, conduct an evaluation of the being over-fished, which affects the retaries, shall establish uniform health care collaborative efforts of the Secretaries to es- communities that depend on fish quality measures to assess the effectiveness, tablish uniform health care quality measures stocks for their livelihood. Many fish timeliness, patient-centeredness, efficiency, and reporting requirements for federally sup- populations, including salmon, face the equity, and safety of care delivered across all ported health care delivery programs as re- federally supported health delivery pro- quired under this section. threat of being depleted to seriously grams. ‘‘(B) REPORT.—Not later than 1 year after low levels. Invasive species—such as ‘‘(2) DEVELOPMENT OF MEASURES.—Not later the date of enactment of this title, the Sec- the killer algae found near San Diego than 18 months after the date of enactment retary of Health and Human Services shall in 2000—are another threat to ocean of this title, the Secretaries shall develop submit a report to the appropriate commit- health. In the San Francisco Bay standardized sets of quality measures for tees of Congress concerning the results of alone, more than 175 invasive species each of the 20 priority areas for improvement the evaluation under subparagraph (A). threaten to overwhelm native species. in health care quality as identified by the In- ‘‘(2) REGULATIONS.— By targeting some of the most seri- stitute of Medicine in their report entitled ‘‘(A) PROPOSED.—Not later than 6 months ous challenges facing our oceans, as ‘Priority Areas for National Action’ in 2003, after the date on which the report is sub- or other such areas as identified by the Sec- mitted under paragraph (1)(B), the Secretary outlined in the Commissions’ reports, retaries in order to assist beneficiaries in shall publish proposed regulations regarding my legislation provides a comprehen- making informed choices about health plans the application of the uniform health care sive national approach to oceans pro- or care delivery systems. The selection of ap- quality measures and reporting requirements tection and preservation. propriate quality indicators under this sub- described in this section to federally sup- Let me just mention a couple of the section shall include the evaluation criteria ported health delivery programs. important provisions in four key areas: formulated by clinical professionals, con- ‘‘(B) FINAL REGULATIONS.—Not later than 1 First, the bill improves the govern- sumers, and data collection experts. year after the date on which the report is ance of the oceans by giving the Na- ‘‘(3) PILOT TESTING.—Each federally sup- submitted under paragraph (1)(B), the Sec- ported health delivery program may conduct retary shall publish final regulations regard- tional Oceanic and Atmospheric Ad- a pilot test of the quality measures devel- ing the uniform health care quality meas- ministration the independence it needs oped under paragraph (2) that shall include a ures and reporting requirements described in to better facilitate the management collection of patient-level data and a public this section. and oversight of our oceans. release of comparative performance reports. ‘‘(h) DEFINITIONS.—In this section, the Second, the bill protects and con- ‘‘(b) PUBLIC REPORTING REQUIREMENTS.— term ‘federally supported health delivery serves marine wildlife and habitat by, The Secretaries, working collaboratively, program’ means a program that is funded by among other things, creating protec- shall establish public reporting requirements the Federal Government under which health tion areas and authorizing $50 million for clinicians, institutional providers, and care items or services are delivered directly health plans in each of the federally sup- to patients.’’. per year in grants to local commu- ported health delivery program described in nities to restore fisheries and coastal subsection (a). Such requirements shall pro- By Mrs. BOXER (for herself and areas. vide that the entities described in the pre- Mr. LAUTENBERG): Third, the bill strengthens fisheries ceding sentence shall report to the appro- S. 1224. A bill to protect the oceans, and encourages sustainable fishing in a priate Secretary on the measures developed and for other purposes; to the Com- number of ways, including requiring under subsection (a). mittee on Commerce, Science, and that entire ecosystems be taken into ‘‘(c) FULL IMPLEMENTATION.—The Secre- taries, working collaboratively, shall imple- Transportation. account when considering the health of ment all sets of quality measures and report- Mrs. BOXER. Mr. President, as we a fishery. ing systems developed under subsections (a) commemorate World Oceans Week, we And, fourth, the bill improves the and (b) by not later than the date that is 1 celebrate the wonder and beauty of the quality of ocean water by establishing year after the date on which the measures world’s oceans. We celebrate the role maximum amounts of pollution that a are developed under subsection (a)(2). our oceans play in commerce, fishing body of water can hold and still be ‘‘(d) REPORTS.—Not later than 1 year after and shipping. We celebrate the beauty healthy. In addition, financial assist- the date of enactment of this title, and annu- of our coral reefs and the potential life- ance will be provided to local govern- ally thereafter, the Secretary shall— ‘‘(1) submit to Congress a report that de- saving cures they might contain. And ments to reduce pollution and increase tails the collaborative efforts carried out we celebrate our commitment to im- monitoring. under subsection (a), the progress made on proving the health of our oceans, so For their contributions to this legis- standardizing quality indicators throughout that our children and grandchildren lation and their great leadership on

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6338 CONGRESSIONAL RECORD — SENATE June 9, 2005 oceans issues, I would like to thank NOAA must carry out a comprehensive SUPPORT FOR THE NATIONAL OCEANS Senators INOUYE, GREGG, LAUTENBERG, ocean exploration and mapping program to PROTECTION ACT OF 2005 and LEVIN, as well as former Senator determine areas where coral and other crea- NATIONAL ORGANIZATIONS Hollings. tures live and the marine environments on Natural Resources Defense Council; The It is my hope that this bill will pro- which they depend for food and habitat. Ocean Conservancy; Oceana; Sierra Club; Na- Based on this data, NOAA may establish tional Environmental Trust; Worldwide vide the framework needed to protect Coral Management Areas, which would trig- and improve our oceans. The great en- Fund for Conservation; U.S. PIRG; Defenders ger protection from certain fishing gear and of Wildlife; E2 (Environmental Entre- vironmentalist and ocean-explorer practices, such as ‘rockhopper’ trawling gear preneurs); Ocean Champions; Blue Frontier Jacques Cousteau once said, ‘‘If we on fishing nets that tear up essential habi- Campaign; Pacific Coast Federation of Fish- were logical, the future would be bleak, tat. ermen’s Associations; Marine Fish Conserva- indeed. But we are more than logical. Authorizes $3 million per year for research tion Network; The Humane Society; ASPCA; We are human beings, and we have on the effects of noise pollution (i.e. sonar) Seaflow; Surfrider; Association of National on marine mammals. Estuary Programs; Ocean Defense Inter- faith, and we have hope, and we can Establishes a voluntary buyback program work.’’ national; Earth Island Institute; for environmentally and ecologically unsafe Waterkeepers; America’s Whale Alliance; As we celebrate World Oceans Week, ‘‘gear’’—such as boat engines. Center for International Environmental it is my hope that we can work to- Prohibits almost all discharges of ballast Law; Acoustic Ecology Institute; Greenpeace gether to provide a bright future for water in U.S. waters and requires ships to in- Foundation; Earthtrust; Western Wildlife the world’s oceans and continue to pro- stall technology to capture invasive species Conservancy; Mangrove Action Project; The tect our coastal economy. in ballast water before discharge—and cre- Whaleman Foundation; Campaign to Safe- I encourage my colleagues to join me ates an early detection and rapid response guard America’s Waters; Reef Relief; in this effort to implement the rec- system to provide assistance to states to WildLaw; Conservation Law Foundation; protect against invasive species. ommendations of the U.S. Commission Cook Inlet Keeper; Cry of the Water; Global Authorizes $50 million per year in grants Coral Reef Alliance; Save Our Shoreline, Inc; on Ocean Policy and the Pew Ocean to local communities to restore fishery and Marine Conservation Biology Institute; Pub- Commission. coastal habitats. lic Employees for Environmental Responsi- I ask unanimous consent that a sum- Authorizes $500 million per year in grants bility (PEER); Reef Protection Inter- mary of the bill and list of endorse- to local communities to purchase lands that national; International Forum on ments be printed in the RECORD. are vulnerable to development and are im- Globalization; The Ocean Mammal Institute; There being no objection, the mate- portant to the protection and preservation of Endangered Species Coalition. rial was ordered to be printed in the habitats. CALIFORNIA ORGANIZATIONS RECORD, as follows: 3. STRENGTHENING FISHERIES AND FISH California League of Conservation Voters; HABITAT Aquatic Adventures Science Education THE NATIONAL OCEANS PROTECTION ACT Requires that, when determining the Foundation, San Diego; The Bay Institute, 1. IMPROVING THE GOVERNANCE OF THE OCEANS health of a fishery, the entire ecosystem be Novato; Baykeeper, San Francisco; Bolinas The Ernest ‘‘Fritz’’ Hollings National Ocean taken into account, not just the health of a Lagoon Foundation, Stinson Beach; Cali- Policy and Leadership Act particular fish species. fornia Greenworks, Buena Park; Catalina Is- Establishes an independent National Oce- Each regional fishery council must estab- land Conservancy, Avalon; Community Envi- anic and Atmospheric Administration lish a science and statistical committee ronmental Council, Santa Barbara; Crystal (NOAA). (SSC) to help develop, collect, and evaluate Cove Alliance, Corona Del Mar; Endangered Independence will occur after a two-year statistical, biological, economic, social, and Habitats League, Los Angeles; The Environ- transition period. other scientific information—the regional mental Action Committee of West Marin, Creates a Council on Ocean Stewardship councils must then set fish take allowances Point Reyes Station; Environmental Center that will annually review funding, policy that are consistent with the SSC determina- of San Luis Obispo County, San Luis Obispo; recommendations, and programs for ocean tions, but even greater conservation meas- Environmental Defense Center, Santa Bar- protection. ures can be taken. bara; Friends of Santa Ana Zoo, Santa Ana; The Council will function as a federal co- Authorizes $115 million over five years for Friends of the Sea Otter, Pacific Grove; ordinating body of the various agencies that NOAA and the regional fishery councils to Golden Gate Audubon Society, Berkeley; deal with oceans issues, and will be placed in develop ecosystem-wide plans to protect and Grassroots Coalition, Los Angeles; Guada- the Executive Office of the President. sustain fisheries. lupe-Nipomo Dunes Center and Guadalupe- Other Governance Provisions Requires NOAA to establish standards for Nipomo Dunes Collaborative; Heal the Bay, Requires that all activities on the Outer reducing bycatch and authorizes $55 million Santa Monica; Huntington Beach Tree Soci- Continental Shelf—such as wave energy over five years to monitor compliance with ety, Huntington Beach; The Marine Mammal projects, bioextraction by biotech compa- those standards. Center, Sausalito; Monterey Bay Aquarium, nies, and wind energy projects—receive a Creates Individual Fishing Quotas (IFQ) Monterey Monterey Bay Sanctuary Founda- federal permit to ensure that projects do not that are equitably allocated and that protect tion, Monterey Moss Landing Marine Lab- pose an adverse threat to the health of the against bycatch, overfishing, and economic oratories, Moss Landing; Newport Bay Natu- oceans current law only requires permits for harm to local communities. ralists and Friends, Newport Beach; The oil and gas activities. 4. IMPROVING THE QUALITY OF OCEAN WATER Ocean Conservancy, Santa Cruz Field Office Ocean Institute, Dana Point; O’Neill Sea Od- NOAA, working with other relevant agen- Requires EPA to establish maximum yssey, Santa Cruz; The Orange County Inter- cies such as the EPA or the Army Corps of amounts of nutrient runoff pollution that a faith Coalition for the Environment, Tustin; Engineers, will develop the permitting proc- body of water can hold and still be healthy, PRBO Conservation Science, Stinson Beach; ess, specifically to protect and preserve the taking into account regional conditions and marine environment, conserve fisheries and San Diego Audubon Society, San Diego; San reasonable economic considerations. Diego Baykeeper San Francisco Zoo, San natural resources, and protect public health Requires water utilities to establish water Francisco; San Luis Bay Surfrider Founda- and safety. treatment standards to remove nutrient pol- tion, San Luis Obispo San Luis Obispo NOAA makes the final determination of lution. whether the activity poses a threat to any of Mandates best management practices for Coastkeeper, San Luis Obispo; Santa Bar- bara Channelkeper, Santa Barbara; Santa these interests—and if so, a permit will not agriculture—requiring farmers, to the great- Monica Bay Audubon Society, Santa Monica be given. est extent practicable, to take steps to cur- Save Our Shores, Santa Cruz; Sea Studios Establishes a Trust Fund in the U.S. Treas- tail runoff. ury and administered by NOAA composed of Expedites beach pollution testing and post- Foundation, Monterey; Southwest Wetlands Federal money generated from these newly ing by determining which beaches are most Interpretive Association, Imperial Beach; permitted activities; funds will be used for at risk of dangerous water conditions and re- Steinhart Aquarium at the California Acad- ocean conservation, science and research, quiring beach closures as soon as practicable emy of Sciences, San Francisco; Surfrider Foundation, Marin County; Surfrider Foun- and assistance to displaced fishermen. but not longer than 48 hours after discovery. Prohibits NOAA from issuing any lease for Requires public notification and testing of dation—Monterey Chapter; Trillium Press, marine aquaculture until strong national sewer overflows. Brisbane; Wildcoast, Imperial Beach; standards and regulations are issued to pro- Authorizes $11.2 billion per year in funding Wishtoyo Foundation, Oxnard; Baykeeper, tect fish stocks from disease, parasites, and for state and local governments to reduce San Francisco; Catalina Island Conservancy, invasive species and to prevent water quality stormwater pollution and to increase moni- Avalon; Environmental Defense Center, impairment. toring and testing. Santa Barbara; The Marine Mammal Center, 2. PROTECTING AND CONSERVING MARINE Requires a survey and continuous moni- Sausalito. WILDLIFE AND HABITAT toring of contaminated sediments that are ELECTED OFFICIALS Provides protection for ecologically-impor- threats to bodies of water, and establishes Marty Blum, Mayor, City of Santa Bar- tant coral areas by creating ‘‘Coral Manage- standards to protect sensitive aquatic spe- bara; Harold Brown, President, Marin Coun- ment Areas.’’ cies from contaminated sediments. ty Board of Supervisors; Denise Moreno

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6339 Ducheny, California State Senator, 40th Dis- private sector institutions of higher edu- able to start, grow and develop a busi- trict; Donna Frye, Councilniember, City of cation and Government, working together to ness. San Diego; Fred Keeley, Treasurer-Tax Col- support small businesses and entrepreneur- lector, County of Santa Cruz; Christine ship; Among the most valuable assets for Kehoe, California State Senator, 39th Dis- Whereas the Small Business Development any entrepreneur is the SBA’s Small trict; John Laird, California State Assembly Centers have been a critical partner in the Business Development Center program. member, 27th Assembly District; Patricia start-up and growth of the Nation’s small Over the past 25 years, the SBDCs have McCoy, Councilmember, City of Imperial businesses ; provided unique one-on-one counseling Beach; Kevin McKeown, Councilmember, Whereas in 2004, the Small Business Devel- to over 11 million Americans helping City of Santa Monica; Aaron Peskin, Presi- opment Centers counseled and trained ap- new business start-ups, sustain strug- proximately 750,000 new and existing small dent, San Francisco Board of Supervisors; gling firms, and expand growth for ex- Wayne Rayfield, Mayor, City of Dana Point; businesses; Murray Rosenbluth, Mayor, City of Port Whereas the Small Business Development isting firms. Hueneme; Diana Rose, Mayor, City of Impe- Centers deliver specialized assistance Through a network of 63 lead centers rial Beach; Susan Rose, Supervisor, Santa through a network of 63 lead centers and and more than 1,100 service locations, Barbara County; Bill Rosendahl, more than 1,100 service locations, in all 50 the SBDCs deliver their services in all States, the District of Columbia, Puerto Councilmember-Elect, City of Los Angeles; 50 States, as well as the District of Co- Lori Saldafin˜ a, Californa State Assembly Rico, the Virgin Islands, Guam, and Amer- member and Assistant Majority Whip, 76th ican Samoa; lumbia, Puerto Rico, the Virgin Is- District; Esther Sanchez, Deputy Mayor, Whereas the Small Business Development lands, Guam, and American Samoa. City of Oceanside; Das Williams, Centers provide assistance tailored to the From financial management, to mar- Councilmember, City of Santa Barbara; local community and the needs of the client, keting to procurement assistance, the Mayda Winter, Councilmember, City of Im- including counseling and training on finan- SBDCs tailor their counseling and perial Beach. cial management, marketing, production training to the needs of the client in and organization, international trade assist- INDIVIDUALS ance, procurement assistance, venture cap- each local community. Jean-Michel Cousteau, President, Ocean ital formation, and rural development, In addition, the SBDCs have an ex- Futures Society; Dr. Sylvia Earle, Explorer- among other services that improve the eco- traordinary record of excellence. Hav- in Residence, the National Geographic Soci- nomic environment in which small busi- ing counseled and trained more than ety; Gary Griggs, Director, Institute of Ma- nesses compete; 50,000 business owners and entre- rine Sciences, University of California Santa Whereas in 2003, the Small Business Devel- Cruz; David Helvarg, Author, Blue Frontier— opment Center’s in-depth counseling helped preneurs in 1980, today they counsel Saving America’s Living Seas; Kurt Lieber, small businesses generate nearly and train almost three-quarters of a President and Founder, Ocean Defenders Al- $6,000,000,000 in revenues and save an addi- million start-ups and existing small liance; Mark Silberstein, Executive Director, tional $7,000,000,000 in sales; businesses annually. Moreover, in 2003, Elkhorn Slough Foundation; Dr. Susan Wil- Whereas in 2003, the Small Business Devel- the SBDCs helped create and retain liams, Director, Bodega Marine Laboratory. opment Centers helped create and retain over 163,000 jobs across America. OTHER ORGANIZATIONS over 163,000 jobs across the United States; and In 2004 alone, the SBDCs in my home Gulf of Mexico Foundation; Turtle Island Whereas the Small Business Development State of Maine assisted entrepreneurs Restoration Network; Potomac Riverkeeper; Centers proudly celebrate 25 years of service in obtaining over $16 million in loans, Coastwalk; Gulf Restoration Network; Flor- to America’s small business owners and en- helped create and retain over 700 jobs, ida Oceanographic Society; Patapsco trepreneurs: Now, therefore, be it Riverkeeper, Inc.; The Coastal Marine Re- counseled nearly 3,000 clients and held Resolved, That the Senate— source Center of New York; New York Whale 200 training events. Just as there’s no (1) congratulates the Small Business De- and Dolphin Action League; San Francisco question that small businesses are the velopment Centers of the Small Business Ad- Ocean Film Festival. lifeblood of our economy, SBDCs are ministration on their 25 years of service to f America’s small business owners and entre- truly the lifeline for entrepreneurs. preneurs; As we celebrate the SBDCs 25th An- SUBMITTED RESOLUTIONS (2) recognizes their service in helping niversary, we must reaffirm our com- America’s small businesses start, grow, and mitment to foster an environment that flourish; and is favorable to economic growth and SENATE RESOLUTION 165—CON- (3) directs the Secretary of the Senate to development for new and growing GRATULATING THE SMALL BUSI- transmit an enrolled copy of this resolution firms. On that note, the 36 percent cut NESS DEVELOPMENT CENTERS to the Association for Small Business Devel- in the SBA’s budget over the last five OF THE SMALL BUSINESS AD- opment Centers for appropriate display. years has been a step in the wrong di- MINISTRATION ON THEIR 25 Ms. SNOWE. Mr. President, I rise rection, and it is a misjudgement I YEARS OF SERVICE TO AMER- today in support of a Senate resolution hope Congress will reverse. I will con- ICA’S SMALL BUSINESS OWNERS that honors the Small Business Admin- tinue to fight to ensure that the SBA AND ENTREPRENEURS istration’s (SBA’s) Small Business De- velopment Centers (SBDCs) on their and its resource partners like the Ms. SNOWE (for herself, Mr. COLE- tremendous service and dedication to SBDCs obtain the valuable resources MAN, Mr. ISAKSON, Mr. VITTER, Ms. America’s small businesses and entre- they deserve. LANDRIEU, Mr. KERRY, Mr. BURNS, Mr. preneurs over the past 25 years. The challenges of starting a new PRYOR, Mr. BAYH, and Mr. LIEBERMAN) Small businesses form a solid founda- business are surpassed only by the de- submitted the following resolution; tion for economic growth and job cre- termination and ingenuity of Amer- which was referred to the Committee ation. The successes of our Nation’s 25 ica’s entrepreneurs. By strengthening on Small Business and Entrepreneur- million small businesses have helped the SBA’s core programs such as the ship: create nearly three-quarters of all new SBDC program, we can encourage job S. RES. 165 jobs and produce 50 percent of our growth and provide American small Whereas in 1980, Congress established the country’s Gross Domestic Product. businesses an even greater opportunity Small Business Development Center program to thrive and prosper. to deliver management and technical assist- As Chair of the Senate Committee on ance counseling and provide educational pro- Small Business and Entrepreneurship, I Today I urge my colleagues to show grams to prospective and existing small busi- understand that the spirit of entre- their support for the Small Business ness owners; preneurs, to explore beyond their lim- Development Center program during Whereas over the last 25 years, the Small its, is the engine driving our economy. their silver anniversary and support Business Development Center network coun- Each year 3 to 4 million new businesses this Resolution. Small Business Devel- seled and trained more than 11,000,000 small open their doors to the marketplace opment Centers are a critical compo- business owners and entrepreneurs, helping small businesses start and grow and create and one in 25 adult Americans takes nent to strengthening our Nation’s jobs in the United States; the steps to start a business. Clearly, it economy and creating American jobs, Whereas the Small Business Development is essential we ensure that every Amer- and they clearly deserve our accolades Centers exemplify the partnership between ican has the necessary resources avail- and recognition.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6340 CONGRESSIONAL RECORD — SENATE June 9, 2005 SENATE RESOLUTION 166—TO AU- SENATE CONCURRENT RESOLU- nomic Advisers; and Mr. Brian D. THORIZE THE PRINTING OF A TION 41—RECOGNIZING THE SAC- Montgomery, of Texas, to be assistant COLLECTION OF THE RULES OF RIFICES BEING MADE BY THE secretary of Housing/Federal Housing THE COMMITTEES OF THE SEN- FAMILIES OF MEMBERS OF THE Commissioner, U.S. Department of ATE ARMED FORCES AND SUP- Housing and Urban Development. PORTING THE DESIGNATION OF The PRESIDING OFFICER. Without Mr. LOTT submitted the following A WEEK AS NATIONAL MILITARY objection, it is so ordered. resolution; which was considered and FAMILIES WEEK COMMITTEE ON COMMERCE, SCIENCE, AND agreed to: Mr. HAGEL (for himself and Mr. TRANSPORTATION Mr. SESSIONS. Mr. President, I ask S. RES. 166 MARTINEZ) submitted the following concurrent resolution; which was re- unanimous consent that the Com- Resolved, That a collection of the rules of ferred to the Committee on Armed mittee on Commerce, Science, and the committees of the Senate, together with Services: Transportation be authorized to meet related materials, be printed as a Senate on Review of General Aviation Secu- S. CON. RES. 41 document, and that there be printed 500 addi- rity, at 11 a.m., on Thursday, June 9, tional copies of such document for the use of Whereas the people of the United States 2005, in SR–253. the Committee on Rules and Administration. have a sincere appreciation for the sacrifices being made by the families of members of The PRESIDING OFFICER. Without the Armed Forces while their loved ones are objection, it is so ordered. f deployed in the service of their country; COMMITTEE ON FOREIGN RELATIONS Whereas military families face unique Mr. SESSIONS. Mr. President, I ask SENATE RESOLUTION 167—RECOG- challenges while their loved ones are de- unanimous consent that the Com- NIZING THE IMPORTANCE OF ployed because of the lengthy and dangerous mittee on Foreign Relations be author- SUN SAFETY, AND FOR OTHER nature of these deployments; Whereas the strain on military family life ized to meet during the session of the PURPOSES is further increased when these deployments Senate on Thursday, June 9, 2005 at become more frequent; 10:30 a.m. to hold a hearing on nomina- Mr. MCCAIN (for himself and Mr. Whereas military families on the home tions. SUNUNU) submitted the following reso- front remain resilient because of their com- The PRESIDING OFFICER. Without lution; which was considered and prehensive and responsive support system; objection, it is so ordered. Whereas the brave members of the Armed agreed to: COMMITTEE ON FOREIGN RELATIONS Forces who have defended the United States S. RES. 167 since September 11, 2001, continue to have in- Mr. SESSIONS. Mr. President, I ask Whereas Americans of all ages cherish the credible, unending support from their fami- unanimous consent that the Com- pleasures of outdoor activities, and too few lies; and mittee on Foreign Relations be author- recognize that overexposure to the sun and Whereas the week of June 12, 2005, has been ized to meet during the session of the its ultraviolet radiation, classified by the proposed to be designated as National Mili- Senate on Thursday, June 9, 2005 at 2:30 Department of Health and Human Services tary Families Week: Now, therefore be it p.m. to hold a hearing on the Western as a known carcinogen, is the leading cause Resolved by the Senate (the House of Rep- Hemisphere. of skin cancer; resentatives concurring), That Congress— The PRESIDING OFFICER. Without (1) recognizes the sacrifices of military Whereas it is critically important to be objection, it is so ordered. safe in the sun because skin cancer is the families and the support they provide for fastest growing cancer in our country today, their loved ones serving as members of the COMMITTEE ON HEALTH, EDUCATION, LABOR, affecting 1 in 5 Americans during their life- Armed Forces; and AND PENSIONS times and killing 1 person every hour of (2) supports the designation of a week as Mr. SESSIONS. Mr. President, I ask every day; National Military Families Week. unanimous consent that the Com- Whereas more than 1,000,000 new cases of f mittee on Health, Education, Labor, skin cancer will be diagnosed in the United and Pensions be authorized to hold a States this year, accounting for nearly half AUTHORITY FOR COMMITTEES TO hearing during the session of the Sen- of all new cases of cancer and exceeding the MEET ate on Thursday, June 9, 2005 at 10 a.m. incidence of breast, prostate, lung, and colon in SD–430. cancer combined; COMMITTEE ON AGRICULTURE, NUTRITION, AND Whereas most people receive approxi- FORESTRY The PRESIDING OFFICER. Without mately 80 percent of their lifetime sun expo- Mr. SESSIONS. Mr. President, I ask objection, it is so ordered. sure by age 18, setting the stage for skin can- unanimous consent that the Com- COMMITTEE ON THE JUDICIARY cer later in life; mittee on Agriculture, Nutrition and Mr. SESSIONS. Mr. President, I ask Whereas skin cancer is highly preventable Forestry be authorized to conduct a unanimous consent that the Com- by taking simple precautions when engaged hearing during the session of the Sen- mittee on the Judiciary be authorized in outdoor activities; ate on Thursday, June 9, 2005 at 2 p.m. to meet to conduct a markup on Thurs- Whereas research demonstrates that prac- in SR–328A. The purpose of this hearing ticing good sun safety has the potential to day, June 9, 2005, at 9:30 a.m. in Dirk- significantly reduce the risk of skin cancer; will be to review the nominations of sen Room 226. Mr. Walter Lukken and Mr. Reuben Whereas the Sun Safety Alliance and its Agenda members have dedicated themselves to pro- Jeffries to be commissioners of the moting sun safety, eliminating skin cancer Commodity Futures Trading Commis- I. Nominations: from excessive sun exposure, and encour- sion and also for Mr. Jeffries to be Terrence W. Boyle, II to be U.S. Cir- aging sun protection practices, especially chairman of the Commission. among children; and cuit Judge for the Fourth Circuit; The PRESIDING OFFICER. Without Brett M. Kavanaugh to be U.S. Circuit Whereas the Sun Safety Alliance has des- objection, it is so ordered. ignated the week of June 5, 2005, to June 11, Judge for the District of Columbia; Ra- 2005, as National Sun Safety Week: Now, COMMITTEE ON BANKING, HOUSING, AND URBAN chel Brand to be an Assistant Attorney therefore, be it AFFAIRS General for the Office of Legal Policy; Resolved, That the Senate— Mr. SESSIONS. Mr. President, I ask Alice S. Fisher to be an Assistant At- (1) recognizes unanimous consent that the Com- torney General for the Criminal Divi- (A) the importance of sun safety; and mittee on Banking, Housing, and sion. (B) the need for school-based sun safety Urban Affairs be authorized to meet education programs; during the session of the Senate on II. Bills: (2) encourages all Americans to protect Thursday, June 9, 2005, at 10 a.m. to S. 491, Christopher Kangas Fallen themselves and their children from the dan- mark up S. 582 ‘‘The Little Rock Cen- Firefighter Apprentice Act, Specter, gers of excessive sun exposure; tral High School Desegregation 50th Leahy; (3) congratulates the Sun Safety Alliance for its efforts to promote sun safety and pre- Anniversary Commemorative Coin S. 1181, Which is Section 8 of Open- vent skin cancer; and Act,’’ and to vote on the nomination of ness Promotes Effectiveness in our Na- (4) supports the goals and ideas of National Mr. Ben S. Bernanke, of New Jersey, to tional Government Act of 2005, Cornyn, Sun Safety Week. be a member of the Council of Eco- Leahy, Feingold.

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6341 III. Matters: The assistant legislative clerk read Whereas the Sun Safety Alliance and its members have dedicated themselves to pro- Senate Judiciary Committee Rules. as follows: A resolution (S. Res. 166) to authorize the moting sun safety, eliminating skin cancer The PRESIDING OFFICER. Without from excessive sun exposure, and encour- objection, it is so ordered. printing of the collection of rules of the committees of the Senate. aging sun protection practices, especially COMMITTEE ON VETERANS’ AFFAIRS among children; and There being no objection, the Senate Whereas the Sun Safety Alliance has des- Mr. SESSIONS. Mr. President, I ask proceeded to consider the resolution. unanimous consent that the Com- ignated the week of June 5, 2005, to June 11, Mr. FRIST. I ask unanimous consent 2005, as National Sun Safety Week: Now, mittee on Veterans’ Affairs be author- the resolution be agreed to, the motion therefore, be it ized to meet during the session of the to reconsider be laid on the table, and Resolved, That the Senate— Senate on Thursday, June 9, 2005, for a any statements relating to the resolu- (1) recognizes (A) the importance of sun safety; and committee hearing to receive testi- tion be printed in the RECORD. mony on various healthcare-related The PRESIDING OFFICER. Without (B) the need for school-based sun safety education programs; bills pending before the Committee. objection, it is so ordered. The hearing will take place in Room (2) encourages all Americans to protect The resolution (S. Res. 166) was themselves and their children from the dan- 418 of the Russell Senate Office Build- agreed to, as follows: gers of excessive sun exposure; ing at 10 a.m. S. RES. 166 (3) congratulates the Sun Safety Alliance The PRESIDING OFFICER. Without Resolved, That a collection of the rules of for its efforts to promote sun safety and pre- objection, it is so ordered. the committees of the Senate, together with vent skin cancer; and SUBCOMMITTEE ON BIOTERRORISM AND PUBLIC related materials, be printed as a Senate (4) supports the goals and ideas of National HEALTH PREPAREDNESS document, and that there be printed 500 addi- Sun Safety Week. Mr. SESSIONS. Mr. President, I ask tional copies of such document for the use of f the Committee on Rules and Administration. unanimous consent that the Sub- THANKING THE SPRING 2005 committee on Bioterrorism and Public f PAGES Health Preparedness, be authorized to RECOGNIZING THE IMPORTANCE Mr. FRIST. Mr. President, before we hold a hearing during the session of the OF SUN SAFETY leave I want to give a final thanks to Senate on Thursday, June 9, 2005 at 2 Mr. FRIST. I ask unanimous consent the page class of the spring of 2005. To- p.m. in SD–430. the Senate now proceed to the consid- morrow is a special day. They will be The PRESIDING OFFICER. Without eration of S. Res. 167, submitted earlier receiving their certificates and will be objection, it is so ordered. today. leaving us to return home. We rarely f The PRESIDING OFFICER. The take that opportunity to say thank PRIVILEGE OF THE FLOOR clerk will report the resolution by you for your service, and thus we do so title. tonight. They have done a tremendous Mr. HARKIN. Mr. President, I ask The assistant legislative clerk read job over the past several weeks. We unanimous consent that Dan Stevens as follows: thank them for their hard work. of my staff be granted floor privileges A resolution (S. Res. 167) recognizing the I ask unanimous consent their names for the duration of today’s session. importance of sun safety, and for other pur- be printed in the RECORD. The PRESIDING OFFICER. Without poses. There being no objection, the mate- objection, it is so ordered. There being no objection, the Senate rial was ordered to be printed in the Mr. HATCH. Mr. President, I ask proceeded to consider the resolution. RECORD, as follows: unanimous consent that the privilege Mr. FRIST. I ask unanimous consent Caroline Cannon, Luke Combellick, Pres- of the floor be granted for the remain- the resolution be agreed to, the pre- ton Eldridge, Mimi Faller, Geraldine Flana- der of this session to Ken Valentine, a amble be agreed to, and the motion to gan, Mary Kathryn Flanagan, Trevor Gar- detailee from the Secret Service who is rett, Kyle Kilroy, Meg Lavin, Andrew reconsider be laid upon the table. Leciejewski, Natalie Nielson, Jimmy Peter- serving on my staff. The PRESIDING OFFICER. Without son, Laura Sankovitch, Rylee Sommers- The PRESIDING OFFICER. Without objection, it is so ordered. Flanagan, Will Sterling, Jared Tate, Natalie objection, it is so ordered The resolution (S. Res. 167) was Walters, Don Willie, Kelly Bernero, Mark f agreed to. Hammons, Andrew Humphrey, Morandi The preamble was agreed to. Hurst, Heidi Klein, Tiffany Mason, Bryan UNANIMOUS CONSENT AGREE- The resolution, with its preamble, Miller, Tyler Salisbury, Ellen Tyner, Emma MENT—PRINTING OF STANDING reads as follows: Van Susteren. RULES OF THE SENATE S. RES. 167 f Mr. FRIST. Mr. President, I ask Whereas Americans of all ages cherish the ORDERS FOR MONDAY, JUNE 13, unanimous consent that the Com- pleasures of outdoor activities, and too few 2005 mittee on Rules and Administration be recognize that overexposure to the sun and Mr. FRIST. I ask unanimous consent directed to prepare a revised edition of its ultraviolet radiation, classified by the Department of Health and Human Services that when the Senate completes its the Standing Rules of the Senate, and business today, the Senate stand in ad- that such standing rules be printed as a as a known carcinogen, is the leading cause of skin cancer; journment until 2 p.m. Monday, June Senate document. I further ask unani- Whereas it is critically important to be 13; I further ask that following the mous consent that beyond the usual safe in the sun because skin cancer is the prayer and pledge, the morning hour be number, 2,500 additional copies of this fastest growing cancer in our country today, deemed expired, the Journal of pro- document be printed for the use of the affecting 1 in 5 Americans during their life- ceedings be approved to date, the time times and killing 1 person every hour of Committee on Rules and Administra- for the two leaders be reserved, and the tion. every day; Whereas more than 1,000,000 new cases of Senate then return to executive session The PRESIDING OFFICER. Without and begin consideration of the nomina- objection, it is so ordered. skin cancer will be diagnosed in the United States this year, accounting for nearly half tion of Tom Griffith to be a United f of all new cases of cancer and exceeding the States circuit court judge for the DC AUTHORIZING THE PRINTING OF A incidence of breast, prostate, lung, and colon Circuit as under the order. cancer combined; Mr. REID. Reserving the right to ob- COLLECTION OF THE RULES OF Whereas most people receive approxi- SENATE COMMITTEES ject. mately 80 percent of their lifetime sun expo- The PRESIDING OFFICER (Mr. ISAK- sure by age 18, setting the stage for skin can- Mr. FRIST. I ask unanimous consent SON). The Democratic leader. the Senate now proceed to the consid- cer later in life; Mr. REID. Mr. President, as I ex- eration of S. Res. 166, submitted earlier Whereas skin cancer is highly preventable by taking simple precautions when engaged pressed to the distinguished majority today. in outdoor activities; leader personally, and I say so today, The PRESIDING OFFICER. The Whereas research demonstrates that prac- and I have said so publicly on a number clerk will report the resolution by ticing good sun safety has the potential to of occasions, I wish this week we had title. significantly reduce the risk of skin cancer; been working on something else. The

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6342 CONGRESSIONAL RECORD — SENATE June 9, 2005 fact is, we have now what I consider a a lot to do. I look forward to beginning Senator BINGAMAN will be ready to con- bump in the road out of the way. I am that process. sider amendments on Tuesday in order glad we are now going to move on to Next week, we have one more judge, to make headway on that important legislative business. We have so much Thomas Griffith, on Monday. Then we bill. I encourage Senators to come for- to do in the next few, literally, weeks can go to the Energy legislation. So we ward early with their amendments and we have remaining in this legislative have an ambitious agenda, but we are to contact the managers of their intent session. working together and we have made a to offer specific amendments. I appreciate very much the people on huge amount of progress in the last f both sides of the aisle allowing us to week. ORDER FOR ADJOURNMENT move forward on the Energy bill. It is Mr. REID. Will the Senator yield? a big piece of legislation that is vitally Mr. FRIST. I yield. Mr. FRIST. If there is no further important to the people of America. Of Mr. REID. It has been brought to my business to come before the Senate, I course, in a big piece of legislation attention that we also have to do in ask unanimous consent the Senate such as this, there will be problems, the next few weeks the Native Hawai- stand in adjournment under the pre- and certainly there will be in this bill. ian legislation we talked about that we vious order, following the remarks of Senator DEWINE for up to 15 minutes Again, as I said previously, I am would help Senator AKAKA on; also, we and Senator SALAZAR to follow Senator grateful to Senators DOMENICI and have a couple of hours the Majority DEWINE for up to 10 minutes. BINGAMAN for getting the bill to us ini- Leader has agreed to set aside for the The PRESIDING OFFICER. Without tially. It is a bill that is developed by China trade issue with Senator SCHU- objection, it is so ordered. consensus of the committee. That MER. Those things I am sure we can The Senator from Ohio. speaks well of both Senator DOMENICI work in, but those are things we have f and Senator BINGAMAN and the mem- to keep in mind that we have to do. bers of the committee. That is going to Mr. FRIST. Mr. President, as you can FILIBUSTER AGREEMENT be some heavy lifting in legislative see, the list is huge. We are going Mr. DEWINE. Mr. President, we have terms. about it systematically, in discussion just seen a major accomplishment in The distinguished majority leader on a regular basis with the Democratic the Senate in the last several weeks: has set a very high mark for the Sen- leader. That is the way we will con- the confirmation of five nominees to ate before we leave here. He wants to tinue as we address many issues impor- serve on the Federal bench. These con- finish at least two appropriations bills. tant to the American people. firmations were achieved after a his- I think it is possible we can do three f toric agreement was reached in the appropriations bills. I hope we can do Senate, an agreement that allowed us that. If we can get rid of—I say that in NATIONAL MILITARY FAMILIES to proceed. a most positive sense—the Homeland WEEK We have seen five individuals con- Security, the Energy, water, and Inte- Mr. FRIST. Mr. President, I ask firmed by the Senate—Priscilla Owen, rior bill, and it does not matter what unanimous consent the Senate now Janice Rogers Brown, William Pryor, order, that would be good work for this proceed to consideration of H. Con. David McKeague, and Richard Griffin. work period. Res. 159 which was received from the The majority leader has indicated that I also express to the distinguished House. Thomas Griffith will be on the Senate majority leader my appreciation for The PRESIDING OFFICER. The floor shortly and we will take up that his hard work. We are not there yet. clerk will report the resolution by nomination. But we hope we can arrive at some title. This represents a major accomplish- agreement on stem cell research during The legislative clerk read as follows: ment and a major change in the way that work period. It would make every- A concurrent resolution (H. Con. Res. 159) the Senate has been doing business. thing move a little more quickly if we recognizing the sacrifices being made by the This shows bipartisanship. This is a do that. The leader is working on that. families and members of the Armed Forces step forward. It is progress. I am working on that. I hope we can, and supporting the designation of a week as As one of the 14 Senators involved in maybe in the next week, agree on National Military Families Week. negotiating the recent compromise agreement on the use of filibusters to something that will allow us to do that There being no objection, the Senate block judicial nominations, I am very so we do not have a lot of hurdles proceeded to consider the concurrent pleased to see this progress and to see thrown up in other legislation because resolution. what has happened since this agree- of that. Mr. FRIST. I ask unanimous consent ment was reached. As everyone knows, The PRESIDING OFFICER. Does the the concurrent resolution be agreed to, of these five nominations, several of Senator withdraw his reservation? the preamble be agreed to, and the mo- them have been held up for years. Two Mr. REID. I do. tion to reconsider be laid upon the I have a particular interest in come The PRESIDING OFFICER. Without table. from the Sixth Circuit from the States objection, it is so ordered. The PRESIDING OFFICER. Without of Ohio, Michigan, Kentucky, and Ten- Mr. FRIST. Mr. President, briefly in objection, it is so ordered. nessee. These two come from the State response—really in agreement—as we The concurrent resolution (H. Con. of Michigan but are part of the Sixth heard from the Democrat leader, we Res. 159) was agreed to. Circuit which has had vacancies for have a lot to do. We have an ambitious The preamble was agreed to. many years. Now we have these two po- agenda with a superb piece of legisla- f sitions filled. tion that we bring to the Senate early PROGRAM I am pleased to see this progress we next week, the Energy bill, which ad- have been making the last 2 weeks on dresses gasoline prices, energy inde- Mr. FRIST. On Monday, the Senate nominations but also the progress we pendence, a move toward energy inde- will consider the Griffith nomination have been making in the Senate on pendence, issues important to the to the D.C. Circuit. There will be up to other matters, as well. I think it is American people. 4 hours of debate on the nomination on good for the country. In addition to appropriations bills, Monday afternoon. Then we will set The agreement that we entered into the Democratic leader mentioned stem the nomination aside with a confirma- not only cleared the field for the Presi- cell research. I add to that the Depart- tion vote occurring on Tuesday morn- dent’s judicial nominations, some of ment of Defense authorization which is ing at 10 a.m. whom, as I have said, have been wait- ready for consideration. Asbestos—the At 6:30 p.m. Monday evening, the ing for over 4 years, but by avoiding distinguished Senator from Pennsyl- Senate will proceed to S. Res. 39 relat- confrontation it also allowed the peo- vania who was just here, Senator SPEC- ing to antilynching. That resolution ple’s agenda to move forward. And that TER, has worked so hard on that par- will not require a rollcall vote and is a very important matter. ticular bill. That is important to job therefore there will be no votes on Already, since the agreement was creation, to health care, to getting Monday. On Tuesday, we will begin the reached, the Senate Judiciary Com- benefits to people who need it. We have Energy bill. Chairman DOMENICI and mittee has passed out of the committee

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 9, 2005 CONGRESSIONAL RECORD — SENATE S6343 the asbestos bill, and the Senate En- exactly what I said at the press con- proceed step by step. It was negotiated ergy and Natural Resources Committee ference that the group held on May 23, in good faith by Members working to- has passed the Energy bill. right after we had reached our agree- gether in the best interests of this Sen- Now, as someone who was in the ment. This is what I said that evening ate and of our Nation. It is a good room for the negotiations of the fili- at that press conference when everyone agreement, one that has enabled us in buster agreement, I would like to take was there, at least 12 of the 14 people the Senate to get back to doing the just a few moments to talk about what who had reached the agreement. This is business of the people, for the people. happened, why I was involved, and what I said. I quote myself: That is what the American people ex- where we go from here. Candidly, I be- This agreement is based on good faith— pect, and it certainly is what the came involved in the negotiations be- good faith among people who trust each American people deserve. cause I was not satisfied with what I other. And, it’s our complete expectation We have made progress. We have been had seen in the Senate over the last that it will work. Senators have agreed that able to confirm judges and bring to the few years. Everyone got in the negotia- they will not filibuster except in extraor- floor of this Senate for up-or-down tion, I am sure, for different reasons. I dinary circumstances. We believe that will, votes three judges who have been held in fact, work. Some of you who are looking am just speaking for myself. I believed at the language may wonder what some of up for years and two other judges in a that judges were not getting voted on the clauses mean. The understanding is—and circuit, the Sixth Circuit, in Ohio and in the Senate, that the circuit court we don’t think this will happen—but if an in- three other States, that has suffered judges were not being acted upon when dividual Senator believes in the future that from a lack of judges on the Sixth Cir- they should have been, that many of a filibuster is taking place under something cuit for years, with many vacancies. them were being denied an up-or-down that’s not extraordinary circumstances, we, Today, we filled two of those vacancies. vote. I believed the filibuster was being of course, reserve the right to do what we That makes a difference. We are mak- used in excess to block their nomina- could have done tomorrow, which is to cast ing progress. a yes vote for the constitutional option. I I am not arrogant enough to come to tions. I felt that the status quo was was prepared to do that tomorrow if we simply not acceptable, that we could could not reach an agreement. the floor today and say that everything no longer continue down that path. is going to work out perfectly. I don’t Mr. President, let me also quote from Well, what was the solution? How know that it will. I don’t have a crys- the May 30, Washington Post article by were we going to get judges voted on in tal ball. I just know that we have come Dan Balz. He wrote the following about the Senate? The status quo abuse of a ways. We have taken some steps. We the agreement: the filibuster, which I felt clearly was have made some progress. I believe we an abuse of the filibuster, was not ac- [Senator] DeWine, Senator Lindsey Gra- can rely on the good faith of Members ham have disputed the assertion . . . that ceptable to me. I was prepared to take the nuclear option is off the table. DeWine to try to continue to work together, action to deal with that. Yet I felt said he explicitly raised the issue just before continue to make progress, and con- that, in the best interests of the Senate the group announced the deal. tinue to try to exercise good faith. and the Nation, it was really not in the Balz then quotes me: We have set a bar now, a standard. best interests of the Nation or the Sen- Seven Members of the Senate on each I said at the end, ‘‘Make sure I understand ate to totally change the rules and to- this now, that . . . if any member of the side have said they will not filibuster tally eliminate the filibuster, if we group thinks the judge is filibustered under except under extraordinary cir- could avoid that. I felt what we needed circumstances that are not extraordinary, cumstances. That is something that basically was a resolution to this cri- that member has the right to vote at any had not been set before. That is the sis, a new option or alternative that time for the constitutional option.’’ Every- bar. No, it is not specifically defined. I could restore the Senate to where it one in the room understood that. understand that. But at least there is a was when I entered the Senate a decade Now, the article goes on to say— bar. It is an understanding. That is ago. That was a Senate where the pos- again, Dan Balz’s article in the Wash- progress. It is a recognition that the sibility of a filibuster for judicial ington Post— filibuster is not something just to be nominations was there but hardly ever Senator Mark Pryor, [a Democrat and] an- used; it is something to be used only in used. other member of the group [of 14], concurred, very rare cases. You have to use it I believe that is exactly what we saying that while he hopes the nuclear op- after you think long and hard about it. were able to achieve with the agree- tion is gone for the duration of the 109th It is the recognition of 14 people that ment. Congress, circumstances could bring it back. they will only use that filibuster after During our negotiations, we agreed Quoting Senator PRYOR: thinking long and hard. That is that a filibuster for a judge should not I really think Senator DeWine and Senator progress. be used unless under extraordinary cir- Graham have it right. What we have seen with these five cumstances. Furthermore, we made Mr. President, Members of the Sen- judges is progress. So we celebrate to- sure the agreement included a provi- ate, Senate Majority Leader FRIST also night progress, not total victory. You sion that if the terms of the agreement agrees with this assessment. He said, in are never done in the Senate. We are were violated, and a judge was filibus- this May 30 article by Dan Balz: always trying to move forward. But at tered in circumstances that an indi- The nuclear option remains on the table. It least we should stop for a moment to- vidual Member considered not to be ex- remains an option. I will not hesitate to use night and say: We have made progress. traordinary—in other words, if MIKE it, if necessary. We have come this far. We know we DEWINE or any Member considered that And later, Senator FRIST was quoted have a ways to go, but here we are, at another Member was filibustering a in the June 5 New York Times from his least. judge under a circumstance that was comments in a speech at Harvard Uni- I yield the floor. not extraordinary, that I or any Mem- versity, as follows. This is Senator The PRESIDING OFFICER. The Sen- ber had the right to pull out of that FRIST: ator from Colorado. agreement and to go back and say: I The short-term evaluations, I believe, will Mr. SALAZAR. Mr. President, let me am going to use the constitutional op- prove to be shortsighted and wrong after we at the outset say that I am proud that tion to change the practice, the prece- get judge after judge after judge after judge I was 1 of the 14 Members who signed dent of the Senate. through, plus at least one Supreme Court the agreement just referred to by my That was my right. I insisted on that nominee and an energy bill . . . and we will good friend from Ohio. In the signing of when I entered the negotiations. I felt get Bolton. that agreement, one of the things that that was important and that was the Mr. President, Members of the Sen- brought people together was the con- only way I could be a part of the nego- ate, as the recent judicial confirmation cept of respect for each other, mutual tiations. votes in the Senate demonstrate, the respect for our colleagues in this So let me make that very clear. The majority leader is right. We are getting Chamber, mutual respect for the people constitutional option was on the table, things done. We are getting things of America. and it does remain on the table today. done because this agreement was nego- As we have gone through the debate There was never any question in my tiated in good faith by good people who on the confirmation of judges over the mind about that. In fact, let me repeat want to get things done, who want to last several days, I have seen debate

VerDate Mar 15 2010 20:38 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09JN5.REC S09JN5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6344 CONGRESSIONAL RECORD — SENATE June 9, 2005 within this body as well as debate During this, his second tour in Iraq, GRADE INDICATED IN THE RESERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: among some of the constituent groups Staff Sergeant Vasquez was serving as To be colonel that I have found troublesome because a commander of a team of Bradley RONALD H. ALFORS, 0000 it goes to the heart of the kind of re- Fighting Vehicles. DAVID M. BANDINI, 0000 spect we should afford each other in Earlier this year, Staff Sergeant JOHN P. BARTHOLF, 0000 WILLIAM C. BENTON, 0000 this Chamber. Vasquez was selected as one of nine sol- KEVIN J. BROWN, 0000 I have heard statements that those diers from Colorado profiled by the STEVEN P. BULLARD, 0000 who happened to be opposed to Bill WILLIAM F. BURNS II, 0000 Rocky Mountain News during their DEBORAH L. CARTER, 0000 Pryor, for whom I voted, were opposed service in Kuwait. The paper noted TERRI L. CHANEY, 0000 to him because he was anti-Catholic. I JAMES A. CLIFFORD, 0000 that Staff Sergeant Vasquez had ‘‘argu- KENNETH J. DALE, 0000 heard statements made that some of ably, the toughest job in First Platoon, THOMAS R. DALTON II, 0000 my Democratic colleagues who were CHARLES A. DENMAN, 0000 if not in all of Lightning Troop’’— CHARLES E. FOSTER, JR., 0000 opposed to Janice Rogers Brown were working with new enlistments fresh ROBERT M. GINNETTI, 0000 opposed to her because she was African ROBERT L. GOULD, 0000 out of boot camp. JONATHAN H. GROFF, 0000 American. I submit that nothing could But perhaps most importantly, Staff MARK D. HAMMOND, 0000 be further from the truth. In fact, when WILLIAM A. HARDIN, 0000 Sergeant Vasquez was a leader. Among HOWARD A. HAYES, 0000 those kinds of statements emanate the nine men under his command, five CHRIS R. HELSTAD, 0000 from Members of this Chamber or when WILLIAM O. HILL, 0000 were new enlistments on their first KERRY M. HOLLOMON, 0000 they emanate from some of the con- tour. He would spend much of his time STANLEY V. HOOD, JR., 0000 stituent groups that follow us, it is a RICHARD B. HOWARD, 0000 during the days training the inexperi- KEVIN J. KEEHN, 0000 violation of the respect we should af- enced scouts, helping to build their DAVID T. KELLY, 0000 ford each other. confidence in their mission and their JOHN E. KEOSHIAN, 0000 I, too, am hopeful that as we move PAUL M. KERWIEN, 0000 actions. JOSEPH K. KIM, 0000 forward in the consideration of other Staff Sergeant Vasquez was shaping MICHAEL KOLESSAR, 0000 judges and other matters, that kind of JEFFREY A. LEWIS, 0000 nervous boys into confident young PAUL A. MACKEY, 0000 hurtful, vitriolic, and unwarranted at- men, creating leaders for our cities and RICKY J. MAFFEI, 0000 tack on each other is something we KEITH P. MARTIN, 0000 towns, businesses and PTA boards. He CORNELIUS T. MULLANEY, 0000 will not see again. If we can establish GREGORY L. NELSON, 0000 had every confidence in his men and in- that kind of collegiality within this MICHAEL L. OGLE, 0000 spired them to have confidence in THEODORE S. ORKIN, JR., 0000 body, we can, in fact, return to those BRADLEY E. PETERSON, 0000 themselves and their mission. days when we had people working DANN D. PETTIT, 0000 In his short life, Sergeant Vasquez MARK A. REMICK, 0000 across the aisle to solve the common was a living role model of what each of CATHY M. RODRIGUEZ, 0000 problems that faced Americans, regard- ROBERT S. SHAFER, JR., 0000 us in this Chamber hopes to become: a ROBERT L. SHANNON, JR., 0000 less of whether they were Democrats, champion for something other than HENRY A. SMART, JR., 0000 Independents, or Republicans. It is that CHRISTOPHER D. SWADENER, 0000 ourselves, a champion for an ideal— MILES F. SYMONDS, 0000 kind of ethic I hope is embraced as we freedom—bigger than anyone person. JOHN H. THEISEN, 0000 move forward in deliberations. NILDA E. URRUTIAESTRANY, 0000 All of Colorado is saddened by the MICHAEL L. WAGGETT, 0000 f CATHERINE O. WATTS, 0000 loss of SSG Justin Vasquez, but we also SUSAN L. WEHRLE, 0000 HONORING OUR ARMED FORCES celebrate everything that he stood for. DONALD S. WENKE, 0000 TOMMY R. WILLAFORD, 0000 STAFF SERGEANT JUSTIN L. VASQUEZ He served his Nation with honor and ROBERT S. WILLIAMS, 0000 distinction, and set an example to WANDA A. WRIGHT, 0000 Mr. SALAZAR. Mr. President, I rise DAVID R. ZARTMAN, 0000 to speak for a moment about a brave which we can all aspire. He will be missed by his family and friends and THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE American who lost his life earlier this UNITED STATES OFFICERS FOR APPOINTMENT TO THE week. His name is SSG Justin L. the men whom he led. Today, they are GRADE INDICATED IN THE RESERVE OF THE AIR FORCE Vasquez. Staff Sergeant Vasquez was all in our thoughts and prayers. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: killed this past Sunday when a road- I thank the Chair and yield the floor. To be colonel side bomb exploded near his military GREGORY H. BLAKE, 0000 f JON C. BOWERSOX, 0000 vehicle. JOHN S. CRAMER, 0000 Staff Sergeant Vasquez was 26, and ADJOURNMENT UNTIL 2 P.M. WILLIAM W. DODSON, 0000 MONDAY, JUNE 13, 2005 ANDREW L. JUERGENS, 0000 from the small town of Manzanola, CO, JOHN S. MCCULLOUGH, 0000 near La Junta, along the Arkansas The PRESIDING OFFICER. Under JOHN MIRABELLO, 0000 JOSEPH M. PASCUZZO, 0000 River. He was a member of the 3rd the previous order, the Senate stands JOHN H. RUMMEL, 0000 Squadron, 3rd Armored Cavalry Regi- adjourned until 2 p.m. on Monday, JOHN E. TORRES, 0000 ment out of Fort Carson, CO. June 13, 2005. PAUL E. TURNQUIST, 0000 He aspired to become an FBI agent, THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE Thereupon, the Senate, at 6:27 p.m., UNITED STATES OFFICER FOR APPOINTMENT TO THE to continue his career of helping to adjourned until Monday, June 13, 2005, GRADE INDICATED IN THE RESERVE OF THE AIR FORCE protect people. He even considered beat 2 p.m. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: coming a lifetime military man. Re- To be colonel f gardless of whether he chose the FBI or GARY D. DAVIS, 0000 stayed in the military, he was clearly NOMINATIONS THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE motivated by patriotism and was mak- UNITED STATES OFFICERS FOR APPOINTMENT TO THE Executive nominations received by GRADE INDICATED IN THE RESERVE OF THE AIR FORCE ing service to our great country and the Senate June 9, 2005: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: our security his career. To be colonel Staff Sergeant Vasquez was always a DEPARTMENT OF STATE patriot who chose to put his country HENRY CRUMPTON, OF VIRGINIA, TO BE COORDINATOR JOHN A. CAVER, 0000 FOR COUNTERTERRORISM, WITH THE RANK AND STATUS THOMAS B. DUNHAM, 0000 over himself. He enlisted at 18, and OF AMBASSADOR AT LARGE, VICE J. COFER BLACK. THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE after his first tour of Iraq reenlisted for RONALD SPOGLI, OF CALIFORNIA, TO BE AMBASSADOR UNITED STATES OFFICERS FOR APPOINTMENT TO THE EXTRAORDINARY AND PLENIPOTENTIARY OF THE GRADE INDICATED IN THE RESERVE OF THE AIR FORCE a second 6-year stretch with the Army UNITED STATES OF AMERICA TO THE ITALIAN REPUB- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: in 2003. LIC. ROBERT H. TUTTLE, OF CALIFORNIA, TO BE AMBAS- To be colonel Consider that, Mr. President. We are SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF learning everyday that the Army is THE UNITED STATES OF AMERICA TO THE UNITED KING- GRETCHEN S. DUNKELBERGER, 0000 DOM OF GREAT BRITAIN AND NORTHERN IRELAND. LINDA G. LITTLE, 0000 having trouble meeting its recruiting JANET I. SESSUMS, 0000 EXECUTIVE OFFICE OF THE PRESIDENT goals because of the demands of de- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE ployments in Iraq and Afghanistan. BENJAMIN A. POWELL, OF FLORIDA, TO BE GENERAL UNITED STATES OFFICERS FOR APPOINTMENT TO THE COUNSEL OF THE OFFICE OF THE DIRECTOR OF NA- GRADE INDICATED IN THE RESERVE OF THE AIR FORCE Staff Sergeant Vasquez chose to re-up TIONAL INTELLIGENCE. (NEW POSITION) UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: for service after having been to Iraq IN THE AIR FORCE To be colonel and knowing he was in all likelihood THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE WILLIAM F. EVANS, 0000 heading back to Iraq. UNITED STATES OFFICERS FOR APPOINTMENT TO THE LESLIE R. HYDER, 0000

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THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE SIDNEY R. * HINDS II, 0000 CAROL R. * YOUNG, JR., 0000 UNITED STATES OFFICERS FOR APPOINTMENT TO THE JEFFREY K. * HUBERT, 0000 STANLEY M. * ZAGORSKI, 0000 GRADE INDICATED IN THE RESERVE OF THE AIR FORCE AVA * HUCHUN, 0000 DAVID C. ZENGER, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: VICTORIA R. * HUGHES, 0000 JOSEPH J. * ZUBAK, 0000 THEODORE * KIM, 0000 To be colonel SANDRA G. * LAFON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY WILBERT W. EDGERTON, 0000 FREDERICK W. * LARSEN, 0000 MICHAEL T. LATZKA, 0000 AS CHAPLAINS AND FOR REGULAR APPOINTMENT (IDEN- BRUCE C. EVANS, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. SEC- JAMES D. HILL, 0000 GARTH W. LECHEMINANT, 0000 SEAN K. LEE, 0000 TIONS 624, 531, AND 3064: MICHAEL W. LLOYD, 0000 KEITH T. * LONERGAN, 0000 CLYDE W. MATHEWS, 0000 To be lieutenant colonel BRUCE L. LOVINS, 0000 SUZANNE PETERS, 0000 MATTHEW J. * MARTIN, 0000 TERRY W. AUSTIN, 0000 IN THE ARMY PAUL T. MAYER, 0000 SHERMAN W. BAKER, JR., 0000 SCOTT C. * MCCALL, 0000 PETER A. BAKTIS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC D. * MCDONALD, 0000 DAVID R. BEAUCHAMP, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY JEROME M. * MCDONALD, 0000 KEN BELLINGER, 0000 MEDICAL CORPS AND FOR REGULAR APPOINTMENT ROBERT C. * MCKENZIE, JR., 0000 DEAN E. BONURA, 0000 (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. SHARON P. MCKIERNAN, 0000 JEFFERY T. BRUNS, 0000 SECTIONS 624, 531, AND 3064: JAMES A., * MCQUOWN, JR., 0000 NEAL J. * BUCKON, 0000 To be lieutenant colonel PATRICK C. * MELDER, 0000 BRUCE W. CHAPMAN, 0000 MARGRET E. * MERINO, 0000 GARRY R. DALE, 0000 WILLIAM P. * ADELMAN, 0000 JOEL E. MEYER, 0000 DAVID G. EPPERSON, 0000 JAY T. * ALLEN, 0000 BART J. * MEYERS, 0000 DAVID J. GIAMMONA, 0000 PETER J. * ALLEN, 0000 MITCHELL S. * MEYERS, 0000 MATTHEW M. GOFF, 0000 BRYAN J. * ALSIP, 0000 MARTIN R. * MOON, 0000 GARY HENSLEY, 0000 SCOTT R. * ANTOINE, 0000 RONALD V. * MORUZZI, 0000 JEFFREY D. HOUSTON, 0000 KARLA * AUYEUNG, 0000 LAURA T. * MULREANY, 0000 KEITH A. JACKSON, 0000 VERONICA R. BAECHLER, 0000 TIMOTHY J. * MURPHY, 0000 LEON G. KIRCHER, 0000 DARREN S. BARONI, 0000 SHAWN C. NESSEN, 0000 ALLEN L. KOVACH, 0000 ANDREW M. * BARR, 0000 JAMES A. * OLIVERIO, 0000 RONALD P. LEININGER, 0000 ROBERT M., * BAUER II, 0000 KEITH J. * OREILLY, 0000 ROBERT J. MEYER, 0000 JOHN G. BEAUMAN, JR., 0000 ERIC M. OSGARD, 0000 STEVEN F. MICHALKE, 0000 PHILIP M. * BECK, 0000 MICHAEL S. OSHIKI, 0000 PETER L. MUELLER, 0000 MICHAEL R. BELL, 0000 EDMOND L. * PAQUETTE, 0000 ROBERT L. POWERS, JR., 0000 JASON L. * BLASER, 0000 ROBERT M. * PARIS, 0000 KENNETH F. REVELL, 0000 EARL F. * BRAUNLICH, 0000 REAGAN R. * PARR, 0000 FRANK R. * SPENCER, 0000 ELIZABETH L. * BRILL, 0000 RAYFORD A. * PETROSKI, 0000 MICHAEL E. STROHM, 0000 SCOTT A. * BRILL, 0000 BRIAN T. * PIERCE, 0000 DANIEL E. WACKERHAGEN, 0000 JOSEPH G. BROOKS, 0000 BARRY R. POCKRANDT, 0000 ROY T. WALKER, 0000 DAVID L. BROWN, 0000 CHRISTIAN POPA, 0000 ROBERT C. WARDEN, 0000 LINDA L. BROWN, 0000 SHAUN A. * PRICE, 0000 TERRY L. WHITESIDE, 0000 TOMMY A. * BROWN, 0000 MICHAEL W. QUINN, 0000 PAUL J. YACOVONE, 0000 BRIAN S. * BURLINGAME, 0000 WILLIAM J. * QUINN, 0000 JEFFREY B. * BURNETTE, 0000 KEVIN C. * REILLY, SR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY M. CALLIN, 0000 THOMAS A. RENNIE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY DARREL K. CARLTON, 0000 DAVID E. RISTEDT, 0000 DENTAL CORPS AND FOR REGULAR APPOINTMENT (IDEN- BRENNAN * CARMODY, 0000 LUIS R. * RIVERO, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C. SEC- STEVEN B. * CERSOVSKY, 0000 MARK A. ROBINSON, 0000 TIONS 624, 531, AND 3064: YONG K. * CHA, 0000 JOSEPH A. * RONSIVALLE, 0000 To be lieutenant colonel JAMES R. * CHATHAM, JR., 0000 STUART A. ROOP, 0000 RAYMOND I. * CHO, 0000 STEPHEN D. * ROSE, 0000 SCOTT W. * BURGAN, 0000 ERIN L. CLARK, 0000 MICHAEL G. * ROSSMAN, 0000 RAFAEL * CARABALLO, 0000 GARY * COLLINS, 0000 EARLE G. SANFORD, 0000 YOUNG M. * CHO, 0000 ROSS E. * COLT, 0000 GARRY H. * SCHWARTZ, 0000 VENNIS D. * COSBY, 0000 STEPHEN J. CONNER, 0000 PAUL T. * SCOTT, 0000 GEORGIA G. * DELACRUZ, 0000 LANCE E. * CORDONI, 0000 DANIEL S. * SENFT, 0000 WILLIAM J. * DEMSAR, 0000 WILLIAM G. * COSTELLO, 0000 JAMES J. * SHEEHAN, JR., 0000 MICHAEL T. * EVANS, 0000 ERIC A. CRAWLEY, 0000 PETER J. * SKIDMORE, 0000 DAVID C. * FLINT, 0000 MARK A. * CRISWELL, 0000 BRYAN C. * SLEIGH, 0000 DAN C. * FONG, 0000 MARK D. * CUMINGS, 0000 KEVIN C. * SMITH, 0000 GARY D. * GARDNER, 0000 GEORGE R. * CUNNINGHAM, 0000 LISA H. * SMITH, 0000 MICHELLE T. * ICASIANO, 0000 LOUIS A. DAINTY, 0000 JOSEPH C. * SNIEZEK, 0000 BRYAN P. KALISH, 0000 JOHN G. DEVINE, 0000 AARON L. STACK, 0000 KIMBERLY W. * LINDSEY, 0000 WILLIAM C. * DIXON IV, 0000 JOHN * STATLER, 0000 MANUEL * MARIEN, 0000 NHAN V. * DO, 0000 MARGARET M. * SWANBERG, 0000 CRAIG G. * PATTERSON, 0000 MICHAEL D. DULLEA, 0000 ALBERT W. TAYLOR, 0000 JULIE A. * SMITH, 0000 ANTHONY * ECLAVEA, 0000 KENNETH F. TAYLOR, JR., 0000 ROBERT J. * ENSLEY, 0000 RICHARD J. * TEFF, 0000 IN THE MARINE CORPS EDWARD M. FALTA, 0000 BRIAN T. THEUNE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID * FONTAINE, 0000 JOHN E. * TIS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- ELIZABETH * FRANCO, 0000 BRIEN W. TONKINSON, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM C. FREY, 0000 DAVID A. * TWILLIE, 0000 HAROLD * FRISCH, 0000 TRENT J. TWITERO, 0000 To be major RONALD A. * GAGLIANO, JR., 0000 SCOTT D. UITHOL, 0000 DONALD A. * GAJEWSKI, 0000 TODD J. VENTO, 0000 ROBERT D. DUNSTON, 0000 CHRISTOPHER * GALLAGHER, 0000 SIDNEY L. * VINSON, 0000 ALAN P. * GEHRICH, 0000 STEVEN A. * WAGERS, JR., 0000 f SCOTT A. * GERING, 0000 GARY R. * WALLACE, 0000 DOMINADOR G. GOBALEZA, 0000 DAVID T. * WARD, 0000 CONFIRMATIONS ROBERT J. * GRAY, 0000 MICHAEL A. WEBER, 0000 KENNETH A. GRIGGS, 0000 MARK J. * WEHRUM, 0000 Executive nominations confirmed by RICHARD A. GULLICK, 0000 STEPHEN J. * WELKA, 0000 LEONARD L. HALL, 0000 DANIEL W. WHITE, 0000 the Senate Thursday, June 9, 2005: RAYMOND J. * HARSHBARGER, 0000 JAY F. * WIGBOLDY, 0000 THE JUDICIARY CHRISTOS * HATZIGEORGIOU, 0000 RICHARD H. WILKINS, 0000 FRANKLIN H. * HAUGER, 0000 HEATHER R. * WILLIAMS, 0000 WILLIAM H. PRYOR, JR., OF ALABAMA, TO BE UNITED KEITH A. * HAVENSTRITE, 0000 PATRICK WILLIAMS, 0000 STATES CIRCUIT JUDGE FOR THE ELEVENTH CIRCUIT. CHARLES G. * HENDERSON, 0000 MICHAEL D. * WIRT II, 0000 RICHARD A. GRIFFIN, OF MICHIGAN, TO BE UNITED THOMAS S. HEROLD, 0000 MICHAEL M. * WOLL, 0000 STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT. MARK L. * HIGDON, 0000 PATRICK J. * WOODMAN, 0000 DAVID W. MCKEAGUE, OF MICHIGAN, TO BE UNITED EDMUND W. * HIGGINS, 0000 MICHAEL P. WYNN, 0000 STATES CIRCUIT JUDGE FOR THE SIXTH CIRCUIT.

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CONGRATULATING WCMT–AM ON Mr. Abreu also leads by example in his spir- a very special milestone for this outstanding ITS 2005 CRYSTAL AWARD itual life. He is an Extra Ordinary Minister at organization. St. Michael’s Roman Catholic Church, where Twenty-five years ago, a small group of HON. JOHN S. TANNER he and his family worship. He is the founding Italian American women gathered in the Upper OF TENNESSEE member of the EMAUS (a men’s group in the West Side apartment of Aileen Riotto Sirey. church whose role is to get men involved in That meeting and their desire to assist other IN THE HOUSE OF REPRESENTATIVES activities in the church). Italian American women and develop a nation- Thursday, June 9, 2005 He owes his success to his parents for their wide network of women sharing a common Mr. TANNER. Mr. Speaker, I hope you will vision and dedication to their children; if it ancestry sparked the formation of the National join me today in honoring WCMT–AM, in Mar- were not for his parent’s foresight he would Organization of Italian American Women. tin, Tennessee, for being named a 2005 Crys- not be where he is today. Mr. Speaker, Nico- Through their commitment to this effort, tal Award Winner by the National Association las Abreu recognizes the importance of family, NOIAW members have developed a very suc- of Broadcasters. As you know, this very pres- hard work, respect for the community and cessful scholarship and mentoring program tigious award recognizes those radio stations courage makes him more than worthy of our and also offer a variety of educational and so- that provide outstanding public service to their recognition today. cial programs. Today, NOIAW has a strong communities, and we are proud that WCMT is f membership and is well-known as a resource receiving this honor. for other Italian American women pursuing WCMT is a treasure for West Tennessee IN HONOR OF MR. JOHN HANSON their own educational and professional aspira- because of its focus on those who live in tions. Weakley County and the surrounding areas. HON. SAM FARR Throughout our nation’s history, Italian The station’s news programming has long OF CALIFORNIA Americans have played a pivotal role in the been an excellent source of information for IN THE HOUSE OF REPRESENTATIVES success and progress of America. The myriad West Tennesseans, and its community out- of invaluable contributions that those of Italian Thursday, June 9, 2005 reach efforts have been invaluable to many of ancestry have made to this nation are im- our fellow residents. It is locally owned and Mr. FARR. Mr. Speaker, I rise today to measurable. Musicians, artists, doctors. law- operated by Thunderbolt Broadcasting, whose honor an invaluable member of my commu- yers, politicians, teachers, activists, and president and general manager, Paul Tinkle, is nity, Mr. John Hanson. Mr. Hanson is a Build- more—the credits of Italian Americans can be a long-time friend of mine and a true leader in ing Maintenance Specialist from the City of found in professional and civic services across Weakley County. Carmel-by-the-Sea, and has recently com- America. As an annual celebration of pride in WCMT–AM is a past recipient of the pleted a tour of duty in Iraq with the Army Na- their ethnic heritage, NOIAW recognizes the Weakley County Chamber of Commerce’s tional Guard. Sergeant First Class Hanson’s achievements of today’s outstanding Italian Business of the Year Award and a four-time fi- unit was called up in late 2003 and he served Americans. nalist for the NAB Crystal Award, with which it in Iraq for 16 consecutive months. As they mark their 25th Anniversary, is now being honored. Mr. Speaker, please Mr. Hanson has been with the City of Car- NOIAW will also honor three inspiring individ- join me in recognizing the decades of dedi- mel-by-the-Sea since 1988 and was well sup- uals who have each distinguished themselves cated broadcasting excellence and community ported by his wife, Annette, his two children, in their respective careers. Lisa Caputo Nowak service that have helped WCMT earn this and his community. Mr. Hanson has not only is an astronaut and Commander in the U.S. celebrated honor. served his country with honor, but has met Navy and will become the first Italian Amer- f some of the humanitarian needs of the Iraqis ican woman in space with the launch of STS– that he has come in contact with. While he 21 to the International Space Station in the A TRIBUTE TO NICOLAS ABREU was in Iraq, John supported, with the assist- near future. Patricia de Stacy Harrison is the ance of his family at home, an Iraqi school current Assistant Secretary, Bureau of Edu- HON. EDOLPHUS TOWNS with shipments of items like flip-flops, tank cational and Cultural Affairs. Prior to her ap- OF NEW YORK tops, and school supplies. For having endured pointment, she founded and managed a top IN THE HOUSE OF REPRESENTATIVES an extended time away from his family and public relations firm and has also served as friends, the City of Carmel-by-the-Sea has the Co-Chair of the Republican National Com- Thursday, June 9, 2005 awarded him a key to the City. mittee. NOIAW’s Special Recognition Award Mr. TOWNS. Mr. Speaker, I rise to acknowl- Through his enormous sense of decency, will be presented to Antonio Giordano, M.D., edge Nicolas Abreu. fairness, generosity, and commitment to his Ph.D., Director of the Sbarro Institute for Can- Nicolas Abreu was born on the beautiful is- country, Mr. John Hanson has been an asset cer Research and Molecular Medicine. Dr. land of the Dominican Republic to Hobo and to everyone that he has touched. Mr. Speaker, Giordano is internationally renowned for his Nicolasa Abreu. On February 19, 1979, the it is truly an honor to recognize Sergeant First research in cell cycle, gene therapy, and the entire family migrated to New York in order to Class John Hanson. genetics of cancer. The accomplishments of pursue a better life. f these individuals and their outstanding con- His first job, as a waiter in a local res- tributions to our nation will certainly stand as taurant, lasted for nine years. Remembering HONORING THE NATIONAL ORGA- an inspiration for generations to come. the vision of his parents led him to resign from NIZATION OF ITALIAN AMERICAN In sharing and celebrating our ethnic herit- his restaurant job and go to work at the family WOMEN AS THEY CELEBRATE age, NOIAW has built a strong network of run Auto Dealer establishment. THEIR 25TH ANNIVERSARY women and supporters who are ensuring that On November 14, 1981, Nicolas Abreu mar- future generations can achieve their dreams. ried Luz at St. Michael’s Roman Catholic HON. ROSA L. DeLAURO Their mission to support, mentor, and encour- Church. Together, they are the proud parents OF CONNECTICUT age the professional and personal success of of three children. IN THE HOUSE OF REPRESENTATIVES other Italian American women is making a real Continuing the family legacy, in 1991, Mr. difference in the lives of thousands of women Abreu opened his own auto sales business in Thursday, June 9, 2005 throughout the country. It is with great pride Brooklyn, naming it ‘‘Diana Auto Sales’’ after Ms. DELAURO. Mr. Speaker, it is with great that I stand today and extend my sincere con- his daughter. Business was good and by the pride that I rise today to join all of those who gratulations to the National Organization of mid 1990s Nicolas opened his second used have gathered in congratulating the National Italian American Women on their 25th Anni- car sales establishment, Crystal Motors Inc., Organization of Italian American Women as versary. In just a short time they have already named after his niece. they celebrate their 25th Anniversary. This is touched the lives of so many, and I send my

∑ 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 jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K09JN8.001 E09PT1 E1182 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2005 very best wishes to the Board and its mem- the camaraderie and support these dedicated All of us in Southern Michigan are deeply bership for many more years of success! men and women deserve. This Appreciation saddened with the passing of Thurl f Barbeque allows for the employees of the Ravenscroft and appreciate all of his service Sheriff’s Department to come together after a as an entertainer, soldier and Christian. We IN HONOR AND RECOGNITION OF very difficult and heart wrenching year. The will forever be able to enjoy his wonderful SHERIFF GERALD T. MCFAUL generosity of the community as a whole has works whether we are watching great Kellogg made this event possible and I thank them for commercials, a Disney movie, or attending an HON. DENNIS J. KUCINICH it. amusement park. OF OHIO Unfortunately, I was unable to join them Southern Michigan will not be the same IN THE HOUSE OF REPRESENTATIVES today at Liberty Park in Inverness, FL. I was without Thurl Ravenscroft. He was unavoidably detained by Congressional votes GRRRRREEEEAT! Thursday, June 9, 2005 here in Washington, DC, and could not return f Mr. KUCINICH. Mr. Speaker, I rise today in in time for the event. I look forward to joining THE PLIGHT OF THE AFRO- tribute of Sheriff Gerald T. McFaul for the ex- them in the future when I am home in Citrus COLOMBIANS emplary service he has shown to our commu- County. nity during his 38 years in public office. As the The Mission of the Citrus County Sheriff’s longest serving sheriff in Cuyahoga County Office is to maintain peace and order by pro- HON. BOBBY L. RUSH OF ILLINOIS history, Gerald has been a vital asset to our viding law enforcement services that are of the IN THE HOUSE OF REPRESENTATIVES community. highest professional quality. I would argue In 1957, only two weeks out of high school, they have far surpassed this mission. When Thursday, June 9, 2005 Gerald started an apprenticeship at the Pipe- tragedy strikes our community, I know we can Mr. RUSH. Mr. Speaker, I rise today to fitters Local 120 and has been a proud mem- rely on these truly dedicated public servants. bring light to the continuing neglect of Afro-De- ber for 53 years. At the same time he ran for Mr. Speaker, I once again would like to ex- scendent people in Colombia. This past May Cleveland City council—and lost. But Gerald press my true appreciation for everyone in the 21, 2005, Colombia marked the 154th anniver- was committed to helping his community and Sheriffs Office and all they do for our commu- sary of the abolition of slavery. Yet, African on his third try won a seat, which he kept for nities. descendant minorities, who comprises 26 per- five consecutive terms. f cent of the population, continues to be mis- At 31, he became the youngest Majority treated, marginalized socially and economi- Leader in Cleveland City Council history. I too TRIBUTE TO THURL ARTHUR cally, and are pushed to the fringes of society. at age 31 was elected to a public office in RAVENSCROFT Afro-Colombians are displaced from their Cleveland, when I was voted the youngest ancestral lands which is one of the most bio- mayor ever of a major American city. So I can HON. FRED UPTON diverse regions in the world, so that extra-judi- tell you personally that this speaks volumes to OF MICHIGAN cial groups such as the FARC, ELN and AUC his character. IN THE HOUSE OF REPRESENTATIVES are able to grow crops for drug trafficking. Because Gerald is interested in justice This population is, by far, the most repressed Thursday, June 9, 2005 issues and having a desire to stop racist prac- group in Colombia. They have the lowest na- tices in the police department he decided to Mr. UPTON. Mr. Speaker, my colleague Mr. tional per capita income, the highest rates of run for sheriff. He was elected in 1976 and SCHWARZ of Michigan and I rise today to illiteracy, high indices of infant mortality, and has been in office for more than 28 years. honor the life of Thurl Arthur Ravenscroft, the startling rates of preventable diseases. Sheriff McFaul is a pillar of our community voice of Tony the Tiger, the orange-and-black- Though the Colombian government is start- and has worked to keep the streets of Cuya- striped spokesman for Kellogg’s Frosted ing to make strides in breaking down the hoga County safe with the utmost respect for Flakes. We would like to express our heartfelt power of guerrilla and paramilitary groups, it the rule of law and the people of this fine condolences as all of us in Southern Michigan has not done enough to protect Afro-Colom- county. lost a friend and neighbor on May 22, 2005. bian territories. Historically, Afro-Colombian ´ Mr. Speaker, I am truly pleased that the Thurl had a long, distinguished career, most territories such as Choco are of great strategic importance to securing the United States. people of Cuyahoga County turned to Gerald notably as the voice of Tony the Tiger for over Choco´ is in essence at the crossroads be- T. McFaul, to serve as sheriff for more than 28 53 years. However, his contributions to the en- tween Central America and South America. It years. Please join me today in honor and rec- tertainment industry didn’t stop there. While a also has access to the Pacific Ocean and the ognition of a person who has willingly assisted celebrity in his own right, he sang backup with Caribbean Sea making Choco´ a very attractive the residents of Cuyahoga County for nearly other celebrities such as Bing Crosby, Elvis Presley, Frank Sinatra and Rosemary launching pad for Colombia’s extra-judicial ac- four decades. tors. Clooney. Thurl also provided voiceovers for f These illegally armed actors should not and the Grinch in Dr. Seuss’ ‘‘How the Grinch HONORING CITRUS COUNTY SHER- must not be exempt from prosecution for the Stole Christmas,’’ ‘‘The Cat in the Hat,’’ in human rights violations carried out under their IFFS OFFICE, CITRUS COUNTY, ‘‘Horton Hears a Who,’’ and ‘‘The Lorax.’’ FL leadership. The oppression of the Afro-Colom- With his contributions to Kellogg and Dr. bian population by these military groups must Seuss novels, the world of Walt Disney cease and desist. It is the responsibility of the HON. GINNY BROWN-WAITE wouldn’t be the same without Thurl’s voice. Colombian government to secure its commu- OF FLORIDA His vocal works played important roles in the nities by eliminating such groups who have IN THE HOUSE OF REPRESENTATIVES themes of ‘‘The Mickey Mouse Club,’’ ‘‘Davy murdered, raped, and displaced the Afro-Co- Crockett,’’ and ‘‘Zorro,’’ while contributing to Thursday, June 9, 2005 lombian people. the making of ‘‘Cinderella,’’ ‘‘Dumbo,’’ and We must do more in humanitarian assist- Ms. GINNY BROWN-WAITE of Florida. Mr. ‘‘Lady and the Tramp.’’ Thurl’s voice was also ance to provide better aid to those Afro-Co- Speaker, I rise today to honor the Sheriffs Of- used in both song and narration for two of lombians who have been displaced. Groups fice in Citrus County, FL. Walt Disney’s most popular theme rides, ‘‘Pi- such as the Social Solidarity Network, Afro- Local Sheriffs offices are the first respond- rates of the Caribbean’’ and ‘‘The Haunted Latino Development Alliance, the Black May- ers to crimes and disasters and are a key ele- Mansion.’’ ors Federation, and AFRODES, in collabora- ment of support in our communities. It is im- While most of his career was spent enter- tion with local NGOs, are laying the foundation portant that we recognize the hard work and taining both the young and old, Thurl coura- for advancements in healthcare, education, dedication of these men and women, and geously served in the U.S. Military for 5 years. sustainable development, community kitchens, never take their service for granted. In 1942, he enlisted in the Air Transport Com- housing and other programs to address the These deputies make daily sacrifices and mand, where he flew numerous special mis- needs of the displaced. Additionally, organiza- put themselves at risk keeping our commu- sions over the North Atlantic as an expert nav- tions such as USAID, Pan American Develop- nities safe. This office has shown professional igator. In addition to his work outside the en- ment Foundation, and the Colombian National excellence this past year and their work has tertainment business, Thurl devoted time to Police are now finally planning to hire Afro-Co- truly made our county a safer place. activities in the Christian field that included re- lombians for technical and professional posi- Events like the one today hosted by the Cit- cording the Book of Psalms for the visually im- tions that will be beneficial to the Afro-Colom- rus County Chamber of Commerce provide paired. bian community.

VerDate Aug 04 2004 12:41 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\PICKUP\E09JN5.REC E09JN5 June 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1183 It is imperative that, more coordination by RECOGNIZING PROFESSOR STEFAN the Richmond Towers, a 225 unit senior cit- the Colombian government, our State Depart- KAPSCH’S RETIREMENT FROM izen complex developed to serve seniors with- ment and the philanthropic communities de- REED COLLEGE in the Plainfield area. This building is a testa- velop mechanisms to address this critical ment to the successes of the U.S. Department issue. President Uribe´ of Colombia agreed to HON. DARLENE HOOLEY of Housing and Urban Development, which the creation of a Cabinet level appointee to OF OREGON funded this project that helped to house thou- address the crisis facing Afro-Colombians and IN THE HOUSE OF REPRESENTATIVES sands of residents in the Plainfield community. we are waiting for this to happen. This person Thursday, June 9, 2005 Today I feel fortunate to stand here and an- will provide coordination amongst the Colom- nounce that two agencies, one at the Federal Ms. HOOLEY. Mr. Speaker, this month, Ste- level and one at the state, have not only fol- bian government, the State Department, fan Kapsch will retire as a professor of political NGOs and other groups to address the plight lowed through with their goals, but exceeded science at Reed College. Professor Kapsch them. The Housing Authority has been invalu- of the Afro-Colombian communities. This will came to Reed from the University of Pennsyl- afford Afro-Colombians a voice in public policy able to the senior citizens of Plainfield and I vania in 1974. For thirty years, he has inspired am confident that it will continue to be for the that will ultimately have an impact on their Reed students with his passion for American next 30 years as well. communities. politics, empirical methodology, and constitu- f The role of the United States must be, as it tional law. has in the past, multi-faceted. We must work Professor Kapsch’s career is distinguished REGARDING FORECLOSURES closely with the Colombian government, our by an impressive record of civic engagement. AMONG MINORITIES State Department and USAID to fight this cri- For him, public policy analysis is not just an sis on all fronts. We must help to put an end abstract subject for classroom discussion; it is HON. DANNY K. DAVIS a very real and ongoing pursuit. Professor to the oppression that the Afro-Colombian OF ILLINOIS Kapsch has been research director of the Or- people have endured over the past 154 years IN THE HOUSE OF REPRESENTATIVES egon Commission on the Judicial Branch, ex- since the abolishment of slavery. ecutive director of the Oregon Prison Over- Thursday, June 9, 2005 Mr. Speaker, we must contribute more crowding Project and research partner in the Mr. DAVIS of Illinois. Mr. Speaker, home- money in the area of sustainable development SACSI Initiative of the National Institute of ownership can be the passage to the Amer- and rely less on military aid to solve Colom- Justice, a project on youth gun violence in ican dream. It can help offer wealth and even bia’s problems. We cannot continue to allow Portland. By his example, Professor Kapsch tax credit to American citizens. Nonetheless the egregious human rights violations within has taught generations of students that inde- homeownership can also bring great economic the Afro-Colombian community to continue. pendent academic analysis is a necessary devastation. While we were back in our dis- We must hold the Colombian government ac- component of good policymaking. tricts, it was reported that there has been an countable on its human rights record and for Professor Kapsch has taken a special inter- increasing epidemic of foreclosures, especially its neglect of the Afro-Colombians. est in the former Yugoslavia—and Slovenia in among working-class neighborhoods. Even particular—where he was a Fulbright Fellow to more, wide disparity between the rate of white f the Faculty of Sciences at the University of homeowners and members of ethnic minority Ljubljana in 1994–95. He has served as a groups continue to exist. These foreclosures HONORING JAMES EDWARD voter registration supervisor for the Organiza- have fallen particularly hard on black and WESTCOTT tion for Security and Cooperation in Europe, Latino families. As citizens face low interest which is charged with the conduct of elections rates and the pressure to refinance, an esca- in Bosnia-Herzegovina under the Dayton Ac- lating number of citizens have found them- HON. ZACH WAMP cords. In 2002, Professor Kapsch was a Sen- selves unable to take on their mortgage debt. ior Fulbright Scholar at the Amerika Institut of This past March, 47 states experienced a rise OF TENNESSEE Ludvig Maxmillians University in Munich. in foreclosure rates, and today, more then IN THE HOUSE OF REPRESENTATIVES Professor Kapsch will be remembered for eight percent of homeowners spend at least his ability to bring even the most technical half of their income on their mortgage. These Thursday, June 9, 2005 subjects to life through classroom discussions numbers are appalling. and seminars. He has earned a reputation Mr. WAMP. Mr. Speaker, I would like to A recent study in Chicago found that rising among Reed students as the faculty’s best take this time to recognize Mr. James Edward foreclosures fuel increases in crime rates. So, storyteller, with an anecdote to illustrate every not only does this affect our economic struc- Westcott of Oak Ridge, Tennessee, for his new principle introduced in class. continued dedication and service to the com- ture, but our security in society. Homeowner- In his three decades at Reed, Professor ship, especially among minorities, should not munity. Kapsch was a mentor, a confidant, and a lead to economic and social ruin. In my dis- Ed Westcott’s career has been a long and friend to countless students and he will cer- trict, just 37 percent of African-Americans own illustrious one. He served a unique role in cap- tainly be missed. But his retirement marks the homes of their own. That’s below the average turing the history of Oak Ridge. In 1941, Ed start of a fresh chapter in his life, as he will for the city as a whole and falls far short of the went to work for the United States Army Corps spend more time brewing homemade beer, re- national homeownership rate of 68 percent. of Engineers as their chief photographer for laxing at the Oregon coast, restoring his 1952 Chicago should thrive off its bustling economic the famed Manhattan Project. He served the Ford Pickup, and enjoying the company of his and cultural prospects, not be brought down City with two distinct roles, officially docu- loving wife Shirley, his children and grand- because the citizens cannot afford to prosper. menting the historic creation and operation of children. In fact, there have been measures taken to the ‘‘Secret City’’ and unofficially documenting f counteract this declining trend. Recently, the the daily life and events of the community of IN HONOR OF THE HOUSING AU- Administration announced a goal to increase Oak Ridge as a photojournalist for the Oak THORITY OF PLAINFIELD’S 30TH homeownership among minorities by 5.5 mil- Ridge Journal. ANNIVERSARY OF RICHMOND lion households before the end of the decade Throughout Mr. Westcott’s career, he has TOWERS through various programs such as American Dream Down-Payment Initiative. Nonetheless, captured numerous historic events and many the trends continue to move downward. Rising notable personalities on film, including seven HON. FRANK PALLONE, JR. interest rates and discrimination continue to presidents. His most important work, however, OF NEW JERSEY hinder homeownership among minorities. Mi- was capturing the unique history and heritage IN THE HOUSE OF REPRESENTATIVES norities, especially African Americans, have of Oak Ridge. The early people of this town Thursday, June 9, 2005 experienced a significant disadvantage in who dedicated their services to the greater Mr. PALLONE. Mr. Speaker, it is with great terms of wealth creation. While sustaining the cause of our country will never be forgotten pleasure that I rise to recognize the longevity cost of housing provides great difficulty, many thanks to the talents and contributions of Ed of the Richmond Towers in Plainfield, New citizens cannot even find jobs before aspiring Westcott. Jersey. to finance homeownership. Before the Admin- He has truly distinguished himself through This September, the Housing Authority of istration can help minorities increase home- his commitment and service to the community. Plainfield will celebrate the 30th Anniversary of ownership, it must first give the citizens job

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.007 E09PT1 E1184 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2005 opportunities substantial enough to afford The unit has received 11 Bronze Stars, 2 Mili- Miners, a minor league team of Boston Celt- housing. Homeownership is a measure of fi- tary Service medals, and numerous Army ics, ‘‘Butch’’ return to Bedford Stuyvesant. nancial security, and without the means to ob- commendations. Along with a few of his brothers and the com- tain such security, the number of homeowners Mobilized on December 5, 2003, the unit munity friends, he organized the original leg- will continue to drop. has been to Kuwait and to southern Iraq near endary ‘‘Soul in The Hole’’ Basketball tour- We cannot disregard the efforts of minorities An Nasariyah and performed at least three nament. This activity became a sports and cul- to succeed in obtaining the American dream. significant missions, including leading the op- tural extravaganza for youth and their families Minorities deserve equal opportunity to home- erations of twenty other units from March 2004 that occurs every summer and features Afri- ownership. Therefore, I urge my fellow col- to January 2005. Over this time they delivered can Dancers, drummers, poetry readings and leagues to raise awareness against the devas- over 8 million gallons of fuel to U.S. and coali- great ball games. tation of foreclosure. tion forces, fueled over 2,700 aircraft and over Butch has always had a revolving respect f 145,000 service vehicles, issued almost with the people of central Brooklyn, especially 25,000 cases of meals-ready-to eat (MREs), the youth. He always felt that the power of the RECOGNIZING THE EFFORTS OF and logged over 2.5 million miles. people could be realized most effectively by THE 369TH CORPS SUPPORT BAT- In addition, the Harlem Hellfighters com- fostering a mutually trusting relationship with TALION pleted numerous local projects including the the youth. adoption of an orphanage in An Nasariyah, After meeting Lucille Rose in the early HON. CHARLES B. RANGEL and the monitoring of a school reconstruction 1970s, Arthur is credited for organizing the OF NEW YORK project. I am very proud of the work of the first Bedford Stuyvesant Central Youth Coun- IN THE HOUSE OF REPRESENTATIVES 369th. They put their hearts and mind into cil, Inc. He met George Glee and Margo Butts at Vanguard Urban Improvement Association Thursday, June 9, 2005 these tasks and are diligent and strong champions of this country. Without their tireless ef- Inc., where he was employed as a Coordi- Mr. RANGEL. Mr. Speaker, I rise today to fort, the capacity of our armed forces would nator. Arthur worked with the young men and join in this tribute to the families and members have been limited in Iraq. Margo worked with the young ladies and to- of the Armed Forces during National Military While the arduous work of the brave men gether they improved the lives of thousands of Families Week. I know the people of the 15th and women is quite impressive, I must also young people, many of whom went on to be District of New York join me in thanking these recognize the sacrifices of the family members accountants, teachers, union leaders and individuals for their sacrifice and service to this of the 369th. While the Harlem Hellfighters other professionals. Mr. Niles is in his 26th country. I am sure that this august body ap- have been deployed for over 2 years in the year with the agency, during his tenure he has preciates the hard work and sacrifice of our Middle East, their wives, parents, and children placed over 500 youth from Bedford men and women in defending the interests of have been without them. These family mem- Stuyvesant in primarily Historically Black Col- this nation. bers have had family reunions and backyard leges and Universities, developed a culinary I want to specifically extend my appreciation barbeques, have taken their first steps and at- School and created the safe Passage for cen- to two groups of servicemen and service- tended their first day of school, and have wor- tral Brooklyn teens. women. First, I want to thank the Reservists ried and cried about the location and service He developed 21 units of affordable housing and National Guardsmen whose lives have of their Hellfighter. They have endured and through the 1661 Macon Houses L.P and been disrupted by the call of service in Af- suffered much while their patriotic family mem- manages another 105 units in Bedford ghanistan, Iraq, and the War on Terrorism. ber was serving this great country. I owe Stuyvesant. Other developments include Under the condition that they would serve these individuals my sincerest appreciation SUNY Downstate Medical Satellite and Inter- when needed by this country, these individuals and thanks. faith Medical Center. He is a member of Com- were trained and volunteered to take to arms Today, Mr. Speaker, the House of Rep- munity Board #3 serving on the By-law’s, Land when the country was in danger. resentatives takes a moment out of its day to Use and Economic Development committees. Today, they have become the backbone of recognize National Military Families Week and He is also a member of Bedford Stuyvesant our military engagement in hostile territories. to honor the families and friends of our armed Economic and Physical Development task The National Guard and Reserve forces are forces. I believe we should spend every mo- force. For his outstanding devotion to commu- nearly half of the U.S. forces in Iraq at the moment working to acknowledge their contribu- nity service Butch has received numerous ment. Thirty-one of the 80 U.S. military deaths tions and to reward their noble contributions to awards over the years like the Community in Iraq last month were Reservists. the security and welfare of our nation. Leadership Award from the Borough Presi- Many Reservists and National Guardsmen dent, the Continuous Service Award from f had not made long-term plans for an engage- Omega Psi Phi, the Youth Development ment such as this. At home, their spouses, A TRIBUTE TO ARTHUR ‘‘BUTCH’’ Award from the Mayor’s Office, and the Busi- children, and families fret about their where- NILES nessman of the year ’04 from the Republican abouts, their safety, and when they will see Congressional Committee. these brave men and women again. Their jobs HON. EDOLPHUS TOWNS Arthur and his wife Margo have 2 grown children. His hobbies include travel, collecting continue without them and, while their compa- OF NEW YORK jazz, playing golf and tennis and of course nies remain loyal to their service, the possi- IN THE HOUSE OF REPRESENTATIVES bility grows that they will eventually be phased watching basketball. Mr. Speaker, Arthur out or will fall behind in their careers. They un- Thursday, June 9, 2005 ‘‘Butch’’ Niles has continuously worked to- fortunately are placed in jeopardy in their civil- Mr. TOWNS. Mr. Speaker, I rise to acknowl- wards improving the lives of the youth of the ian lives while at service to this nation. edge Arthur ‘‘Butch’’ Niles. Arthur H. Niles was community as well as his commitment and They are faced with the financial and emo- born and raised in Brooklyn’s Bedford generosity in helping others has made him tional obligations of remaining loving providers Stuyvesant village, where just about the entire more than worthy of our recognition today. for their families. I and a grateful nation appre- village raised him. ‘‘Butch’’ as family and f ciate their sacrifice and welcome their return friends lovingly know him, was born smack IN HONOR OF MS. BETH GUISLIN with open arms. Their bravery and their expe- dab in the middle of 14 children, parented by rience nonetheless often calls some of them Anton and Lillian Niles. He attended P.S. 44, back into service to fulfill obligations to col- J.H.S. 35 and Boy’s High School. Since he HON. SAM FARR OF CALIFORNIA leagues still on tour. I thank the men and was an outstanding athlete, his basketball IN THE HOUSE OF REPRESENTATIVES women of our National Guard and Reserves skills helped him earn the Four Friends’ schol- for their dedicated service to their nation. It is arships to Virginia Union University in Rich- Thursday, June 9, 2005 a true testament to their dedication and patri- mond, Virginia where he captained the team Mr. FARR. Mr. Speaker, I rise today to otism to this country. his entire 4 years. Mr. Niles graduated from honor Beth Guislin for her years of dedication Second, I must recognize the dedicated and the Virginia Union University with Bachelors as an employee of the University of California patriotic work of the 369th Corps Support Bat- degree in Sociology as well as achieved life- and for her contribution to the world commu- talion, the ‘‘Harlem Hellfighters.’’ Like the men time membership to the Alpha Phi Alpha Fra- nity. and women in many of our districts, Harlem ternity. Beth began her career with the University in Hellfighters have displayed an impressive After a brief stint in the Eastern Professional 1976 at the Los Angeles campus. After leav- record of service in their engagement in Iraq. Basketball League, playing for the Scranton ing UCLA, she continued her work at the

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.011 E09PT1 June 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1185 Santa Cruz campus of the University of Cali- his time in the General Assembly. Prior to his American popular culture. Co-starring with fornia system. As UCSC’s Director of Instruc- election to Connecticut’s House of Represent- Dustin Hoffman, she became the very embodi- tional Computing, she built a campus institu- atives, he served on the Board of Alderman in ment of the character of Mrs. Robinson. Mike tion respected by both faculty and students the City of Derby as well as a member of the Nichols, the film’s director, recently remarked that enhanced the campus’ reputation for un- Naugatuck Valley Capitol Planning Committee. that Anne’s ‘‘beauty was constantly shifting dergraduate education by providing a space Among the many local service organizations with her roles, and because she was a con- for students to publish their work and gain which benefit from his good work, Vinny is a summate actress, she changed radically for needed employment skills. member of the Webster Hose Fire Depart- every part.’’ Additionally, Arthur Penn, who di- Beth has also shared her expertise with ment, St. Michael’s Society of Ansonia, Derby rected her in both the stage and film versions people around the world through her love for Elk’s Lodge, and the Valley Association of Re- of ‘‘The Miracle Worker,’’ said that she was an travel. She served as a mental health coun- altors. He also serves on the consulting com- actress who ‘‘can play anything.’’ I can think of selor for Americans living in Bangkok during mittee at Emmett O’Brien Regional Vocational no higher complement that can be said of an the Vietnam War, was a field assistant for the School, the Board of Directors of the Lower actor. Smithsonian-sponsored Arun Valley Wildlife Naugatuck Valley Boys & Girls Club, the Bir- Anne’s death is truly a loss to American cul- Expedition in Nepal and contributed to the bet- mingham Group of Ansonia, and the Valley ture. Fortunately, her wonderfully-talented per- terment of public health in Thailand. Beth is United Way. Vinny is a tireless advocate—al- formances will live on for future generations to also fluent in Thai, and as a Peace Corp vol- ways ready to lend a helping hand and a pow- watch and enjoy. unteer, she acted as a liaison between the erful voice on behalf of the businesses, orga- Mr. Speaker and Colleagues, please join me Thai Ministries of Health, Agriculture, and Edu- nizations, residents, and families of the in remembrance of Anne Bancroft whose life cation in the area of nutrition and was involved Naugatuck Valley. and legacy has been a source of enjoyment in the establishment of markets for locally pro- Through his good work as an elected official for so many. My thoughts and prayers are with duced foods in some of Thailand’s rural areas. and community volunteer, his warmth, com- Anne’s beloved husband, director Mel Brooks, Beth is also an expert sailor with 19 years passion, and generosity made a difference not and son, Maximillian. of experience as a member of a Los Angeles only in the communities that he represented, f crew for international cruises and races. One but for families across Connecticut. For his of the highlights of her sailing experience in- many years of outstanding public service, I am HONORING MARY ANN KECKLER, cludes sailing from California to Tahiti. proud to stand today to join his wife, Cindy, HERNANDO COUNTY, FL Mr. Speaker I wish to honor Beth Guislin, daughters, Cara and Christa, family, friends, upon her retirement from the University of constituents, and the communities of Derby HON. GINNY BROWN-WAITE California, for her compassion and dedication and Ansonia in extending my sincere thanks OF FLORIDA to education. Her actions serve as an example and appreciation to the Honorable Vincent J. IN THE HOUSE OF REPRESENTATIVES of how to live life to the fullest, while selflessly Tonucci. He has left an indelible mark on this Thursday, June 9, 2005 giving back to those in need here and around community and a legacy that will serve as an the world. I join the University in commending inspiration for generations to come. Ms. GINNY BROWN-WAITE of Florida. Mr. Beth for her leadership in instructional com- f Speaker, I rise today to praise a hard-working puting and international public service, and I woman, Mrs. Mary Ann Keckler, who is dedi- extend my sincere best wishes for her retire- IN HONOR OF THE LIFE AND CA- cated to supporting local veterans. Hernando ment and future endeavors. REER OF ACTRESS ANNE BAN- County is fortunate to have Mrs. Keckler in our CROFT f community. Mrs. Keckler served in the United States HONORING VINCENT J. TONUCCI HON. DENNIS J. KUCINICH Navy from 1959–1962. She currently heads FOR HIS OUTSTANDING SERVICE OF OHIO Hernando County’s Veteran Affairs Round- TO THE COMMUNITY IN THE HOUSE OF REPRESENTATIVES table and is commander of the local Disabled American Veterans. Thursday, June 9, 2005 HON. ROSA L. DeLAURO Mrs. Keckler has joined forces with OF CONNECTICUT Mr. KUCINICH. Mr. Speaker, I rise today in Hillsborough County veterans advocates to IN THE HOUSE OF REPRESENTATIVES honor and recognition of the distinguished life raise money for Operation Haley House, the and career of actress and friend Anne Ban- local version of the Fisher House. Donations Thursday, June 9, 2005 croft. to Operation Haley House will provide the Ms. DeLAURO. Mr. Speaker, it is with great Anne’s legendary career spanned more than families of injured American soldiers a place to pleasure that I rise today to join the many 50 years and included honors and awards for stay when visiting loved ones undergoing family, friends, and community members who roles performed in film, television, and on the long-term rehabilitation. Many area families have gathered to pay tribute to an outstanding stage. Most notable among these were her are faced with the high costs of expensive member of our community and a dear friend, Oscar, Emmy, and Tony awards, an accom- room and board when visiting relatives at the the Honorable Vincent J. Tonucci. Retiring just plishment achieved by only a select few. James A. Haley VA Medical Center in Tampa. last year after 9 terms as the State Represent- Born to a family of Italian immigrants on Plans are currently under way to begin build- ative for Connecticut’s 104th District, Vinny September 17, 1931, in the Bronx, New York, ing what will be known as the Haley House to has dedicated a lifetime of hard work and Anne quickly developed a love for perform- elevate this costly burden on military families. dedication to the Naugatuck Valley. ance. By the time she was 4-years-old, Anne Mary Ann’s efforts to improve the lives of in- In his 18 years as a State Representative, was already taking dance and acting lessons. jured American soldiers and their families de- Vinny has a long and proud history of legisla- When she was 9, she famously wrote on a serves to be recognized. tive accomplishments for his District and the fence behind her childhood home, ‘‘I want to Mr. Speaker, it is my privilege to represent state of Connecticut. Sponsoring and intro- be an actress.’’ Little could she have known Mary Ann Keckler, and to honor her for work- ducing legislation aimed at improving the qual- then what a splendid acting career lie in front ing with our local veterans. ity of life for children, defending the environ- of her. f ment, protecting health care for seniors, and After studying at the American Academy of providing for local economic development, Dramatic Arts in New York, she moved to Hol- PREMATURE BIRTH: A SILENT, Vinny was dedicated to ensuring that a variety lywood in 1950 to pursue her dream. Her first GROWING HEALTH CRISIS of important issues were debated and ad- film, ‘‘Don’t Bother to Knock’’ in 1952 starred dressed. Throughout his nine terms in Con- Marilyn Monroe and Richard Widmark. It was HON. FRED UPTON necticut’s General Assembly, Vinny developed her role in 1962 ’s ‘‘The Miracle Worker,’’ how- OF MICHIGAN a distinguished reputation as a public official— ever, that really launched Anne on the path to IN THE HOUSE OF REPRESENTATIVES accessible to his constituents and fighting for becoming an acting legend. She famously por- their best interests. His career has been a re- trayed Annie Sullivan, Helen Keller’s dedicated Thursday, June 9, 2005 flection of all that an elected representative and truly determined teacher. For her effort, Mr. UPTON. Mr. Speaker, prematurity is a should be. she was rewarded with the Academy Award serious and growing problem in the United Vinny’s remarkable commitment to commu- for Best Actress. 1967’s ‘‘The Graduate’’ is the States. It is the number one cause of infant nity and public service extends well beyond film that sealed Anne Bancroft’s place in death in the first month of life. In February

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.015 E09PT1 E1186 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2005 2004, the National Center for Health Statistics REPAIRING YOUNG WOMEN’S fistula. The UNFPA serves as a vital institution reported the first increase in the U.S. infant LIVES AROUND THE WORLD—OB- for providing crucial family planning and health mortality rate since 1958. STETRIC FISTULA services to women in developing countries. In closing, I would like to briefly remind you Prematurity has enormous human, societal, of some key points that summarize the sever- and economic costs. Sadly, premature infants HON. BOBBY L. RUSH OF ILLINOIS ity of the issue. are 14 times more likely to die in their first IN THE HOUSE OF REPRESENTATIVES Treatment to correct the condition has a 90- year of life, and premature births account for percent success rate. nearly 24 percent of deaths in the first month Thursday, June 9, 2005 For every child who dies from pregnancy of life. The estimated charges for hospital Mr. RUSH. Mr. Speaker, I rise to thank the complications, 15 to 30 women live and suffer stays for premature and low-birth weight in- distinguished Member from New York, CARO- chronic disabilities, the most acute of which is fants were $15,000,000,000 in 2002, and the LYN MALONEY, with whom I have had the obstetric fistula. average lifetime medical costs for a premature pleasure of working along side ever since we It is estimated that there are 100,000 new were first elected at the end of the 102nd baby are conservatively estimated at fistula cases each year, but the international Congress. She has always been a true cham- capacity to treat fistula remains at only 6,500 $500,000. About 25 percent of the youngest pion for women’s rights and human rights, and per year and smallest babies live with long-term health I thank her for bringing this important issue to I fully support this issue because it brings problems, including cerebral palsy, blindness, the awareness of the Congress. attention to one of the failed maternal health chronic respiratory problems, and other chron- You may or may not know that the World systems around the world. Fistula is virtually ic conditions. A study published in 2002 by the Health Organization estimates that at least two unknown in places where early pregnancy is Journal of the American Medical Association million women and girls around the world cur- discouraged, women are educated, family found that children born prematurely are at rently suffer from obstetric fistula, with an ad- planning is accessible and skilled medical care greater risk for lower cognitive test scores and ditional 50,000 to 100,000 cases happening is available. I feel that eradication of this prob- behavioral problems when compared to full- each year. Obstetric fistula, a debilitating preg- lem in developing countries is a goal that the nancy related condition mainly affects girls term children. U.S. should work to make a reality. ages 15–19. The condition occurs during f Although we’ve made vast improvements in childbirth when the infant’s head presses treating premature infants, we’ve had little suc- against the woman’s vagina and rectum, cre- CELEBRATING THE LIFE OF cess in understanding and preventing pre- ating a formidable hole in vital tissue areas RICHARD ‘‘DICK’’ SMYSER mature birth, and the knowledge that we have around the pelvis, resulting in loss of control of gained has not been translated into improved the bladder, bowels and nerve damage to the HON. ZACH WAMP perinatal outcomes. The three known risk fac- mother’s legs. The prolonged labor almost al- OF TENNESSEE tors for preterm labor most consistently identi- ways results in a high rate of infant mortality. IN THE HOUSE OF REPRESENTATIVES Beyond the significant health related risks fied by experts are multiple fetal pregnancies, Thursday, June 9, 2005 that I have just outlined concerning this condi- a past history of preterm delivery, and some tion, there are also some societal factors that Mr. WAMP. Mr. Speaker, I rise today to uterine and/or cervical abnormalities. Other further debilitate these women. Many women honor the life and legacy of a devoted and possible risk factors are chronic health condi- with fistula are abandoned by their husbands well-respected Tennessean, Mr. Richard tions such as high blood pressure, diabetes, and families because of the resultant odor and ‘‘Dick’’ Smyser. Dick passed away on March and obesity in the mother, certain infections infertility. In effect, they become social out- 14th of this year at the age of 81. His deep during pregnancy, and cigarette smoking, al- casts because of the stigma associated with devotion to his community and to the well- cohol use, or illicit drug use during pregnancy. the disease, through no fault of their own. being of everyone leaves a legacy carried on But as the science stands now, nearly 50 per- As I stated before, approximately, two mil- by the lives he touched. cent of all premature births have no known lion women suffer from this condition. How- Mr. Smyser was born and raised in York, Pennsylvania, before graduating in 1944 from cause. ever, studies conducted by the United Nations Population Fund (UNFPA) and Pennsylvania State College with a degree in That is why today, my colleague Rep. ANNA EngenderHealth reveal that these figures are journalism. His dream to pursue writing, how- ESHOO and I are introducing the bipartisan grossly underestimated. For example, in Nige- ever, was put aside to answer a greater call. Prematurity Research Expansion and Edu- ria alone, close to one million women suffer In 1943, he enlisted in the United States Army cation for Mothers who deliver Infants Early or from the disease although these figures are and served with distinction overseas in Algeria PREEMIE Act. The Preemie Act calls on the based solely on patients who seek and report and Italy rising to the rank of corporal. National Institutes of Health (NIH) and the treatment in medical facilities only. This sta- Upon returning to Pennsylvania, Mr. Smyser Centers for Disease Control and Prevention tistic clearly disregards the many cases that continued on the path he had left and began reporting news for The Chester Times, now (CDC) to ‘‘expand, intensify, and coordinate’’ go unreported and untreated in the region. A key factor concerning this issue is that fis- The Delaware County Times. In 1948, Dick research related to prematurity. It formally au- tula is a preventable and curable disease. One was named managing editor of The Oak thorizes the Maternal Fetal Medicine Unit Net- form of prevention is a Caesarean section, Ridger, the first and only newspaper in the work—which includes university-based clinical which costs a mere 60 U.S. dollars. Surgery to small East Tennessee town of Oak Ridge. centers and a data coordination center— repair fistula has an uncharacteristically high Oak Ridge, Tennessee, was created for the through which perinatal studies to improve success rate of 90 percent even after a important work on the World War II bomb, maternal and fetal outcomes are conducted. It woman has had the condition for several commonly referred to as the Manhattan also authorizes the Neonatal Research Net- years. Most women are either unaware that project. He was a pioneer and helped shape work to improve the care and outcomes of treatment is available or simply cannot afford Oak Ridge into the town it is today. newborns. The bill will ensure better coordina- it. Surely this cost is worth the value as suc- With a large number of scientists living and tion on prematurity research priorities across cess rates have proven to be extremely high. working in the area, Mr. Smyser became active in science writing circles, with a focus on federal agencies and also includes provisions Funding to treat this curable condition has been rescinded by the current Administration. nuclear science. For eighteen years he served for disseminating information on prematurity to The $34 million in funds for the UNFPA that on the Council for the Advancement of health professionals and the public and for es- could save the lives of women and children Science Writing’s board of directors. He was a tablishing family support programs to respond around the world have been withheld causing member of numerous media and science to the needs of families with babies in neo- more women and. children to suffer. boards and a highly sought after speaker and natal intensive care units. We are here today to introduce the ‘‘Repair- panelist. I encourage my colleagues to join Rep. ing Young Women’s Lives Around the World Under Mr. Smyser’s leadership, The Oak ESHOO and me in cosponsoring and strongly Act,’’ which would provide that the voluntary Ridger grew substantially and won numerous U.S. contribution of $34 million to UNFPA for awards and accolades for its coverage of the supporting the enactment of the PREEMIE the fiscal year of 2006 and subsequent years, transformation of Oak Ridge. His contribution Act. will be directed to UNFPA to be used only for not only to the development of journalism in prevention, treatment and repair of obstetric East Tennessee but to the entire community is

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.019 E09PT1 June 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1187 significant. Before his retirement he insured IN HONOR OF THE 75TH ANNIVER- her current trip to Chicago. This program has that generations of young writers could make SARY OF THE LADIES AUXIL- had a phenomenal impact on the children of an impact in the field of journalism, as he did, IARY OF THE TOWNSHIP HOSE Chicago, and the success would only be rep- by passing on his vast knowledge as a visiting AND CHEMICAL CO. NO. 1 licated in other cities. Therefore, I urge my fel- professor at universities across the country. low colleagues to support such programs as Dick Smyser was not a personal friend of HON. FRANK PALLONE, JR. CeaseFire Chicago. With our continued ef- mine. After all, I am a politician, and he is a OF NEW JERSEY forts, we can continue to provide safe neigh- journalist. So, we could not be ‘‘friends.’’ How- IN THE HOUSE OF REPRESENTATIVES borhoods and successful opportunities for our children. ever, I had many occasions to converse with Thursday, June 9, 2005 him and enjoy his warmth and depth of per- f Mr. PALLONE. Mr. Speaker, I rise today to spective on Oak Ridge and our mutual com- THE 20TH ANNUAL 116TH STREET mitments to this very special place. honor and recognize the services of the La- dies Auxiliary of the Aberdeen Township Hose FESTIVAL AND ITS ORGANIZERS Dick Smyser was simply a classic human & Chemical Co. No. 1. being who was good to his family and friends. This organization was formed on May 22, HON. CHARLES B. RANGEL His departure from this earth left a large void, 1930 for the purpose of raising funds in order OF NEW YORK and we will always miss him but never forget to purchase fire equipment. Over their 75 IN THE HOUSE OF REPRESENTATIVES him. years of service, they have provided a com- Thursday, June 9, 2005 May his legacy endure in the many lives pletely equipped kitchen for a local firehouse, that he touched and inspired. answered fire calls, and served coffee and Mr. RANGEL. Mr. Speaker, I rise today to sandwiches at lengthy fires, as well as many bring to the attention of the 109th Congress f other unnamed services that have invaluably the hard work of Mr. Nick Lugo, Mr. David aided the fire company. Acosta, Mr. Robert Acosta, and Mr. Peter RECOGNIZING GRANT COMMUNITY The importance of firemen cannot be over- Spinella in planning the 116th Street Festival MIDDLE SCHOOL STUDENTS, RE- stated. We were reminded of that on Sep- in East Harlem, El Barrio community. CIPIENTS OF A 2004 PRESI- tember 11, 2001. These brave men and The 116th Street Festival is designed to DENTIAL ENVIRONMENTAL women are irreplaceable, and the Ladies. Aux- highlight, embrace, and celebrate the cultural YOUTH AWARD iliary of the Aberdeen Township Hose & experiences of Hispanic families in the United Chemical Co. No. 1 has supported them States, the Caribbean, and beyond. This is the through the years. It is never easy to work in largest Latin Street Festival in North America HON. DARLENE HOOLEY a high risk and high stress job, yet the Auxil- and is nationally acclaimed as one of the three OF OREGON iary has helped the men and women of the major Hispanic events in the United States. It draws our collective consciousness to the IN THE HOUSE OF REPRESENTATIVES Fire Company maintain a high morale and continue to protect the Aberdeen community. beauty, love, and familial bonds of Hispanic Thursday, June 9, 2005 These women have served the Aberdeen culture as well as the rich historical back- Fire Company admirably for 75 years, and the grounds of Hispanic people. Ms. HOOLEY. Mr. Speaker, I rise today to Ladies Auxiliary stands ready to assist the Fire The 20th annual Festival will be held this recognize a group of students from Grant Company and give it the same unbending Saturday, June 11, 2005. It will span 20 city Community Middle School in Salem, Oregon support for the next 75 years. blocks in the heart of El Barrio, have three en- who were awarded a Presidential Environ- f tertainment stages and hundreds of venders mental Youth Award. Since 1971, this award and corporate attractions, and draw crowds of has recognized young people from across the REGARDING THE CEASEFIRE hundreds of thousands of people from around United States who have demonstrated a com- WEEK the world. It is one of New York City’s largest mitment to the environment. and most popular celebrations and has pro- This group of thirty 6th grade students from HON. DANNY K. DAVIS vided over 40 scholarships to local high school Grant, whom I recently had the pleasure of OF ILLINOIS students in East Harlem. meeting, has made a real impact in the effort IN THE HOUSE OF REPRESENTATIVES The celebration promises to be a remark- to restore habitat for an endangered animal, able experience and enlightening exposure to Thursday, June 9, 2005 the Fender’s Blue Butterfly. As the Willamette the culture of an often-unappreciated but im- Valley has been developed, the butterfly has Mr. DAVIS of Illinois. Mr. Speaker, I rise in portant group of Americans. Major corpora- lost its natural prairie habitat, and the Kincaid strong support for the CeaseFire Chicago pro- tions such as Disney, Home Depot, and Fisher lupine plant, a major staple of the butterfly’s gram and to celebrate CeaseFire week. Some Price now join long-time sponsors Telemundo diet, has nearly disappeared. The butterfly has of our nation’s youth faces gangs, drugs, and 47, Coca-Cola, and SBS Communications in become so rare that at one point it was begun violence daily. As we proceed through supporting the success and goals of this Fes- lieved to be extinct. CeaseFire week, from June 4–11, we ac- tival. After learning about the Fender’s Blue But- knowledge community events such as peace The success of the Festival is largely thanks terfly, the class researched, created, and im- marches, memorial services, and other civic to the work of Nick Lugo, David Acosta, Rob- plemented a three-year program to help pre- gatherings held throughout Chicago. We must ert Acosta, and Peter Spinella of Abrazo Fra- serve this rare insect. The students worked keep in mind the sheer violence our children ternal organization. They brought the event to with Marion County to convert Bonesteele encounter, and the direction we must take to the East Harlem community in the 1980s and Park into a native Willamette Valley prairie. solve this increasing problem. Programs such have tirelessly worked to make it a premier Two years after the students began the as CeaseFire help to steer at-risk children event for hundreds of thousands of Hispanic project, Kincaid lupine plants began to grow away from such pressures towards graduation families and top entertainers. Nick Lugo is a prominent community and and several of the endangered butterflies have and college. Indeed, CeaseFire Chicago business leader within the New York City His- been spotted in the area. sends outreach workers, clergy, and community leaders into rough neighborhoods to men- panic community. His career spans over three The students also sought to raise aware- tor, respond to shootings, hand out fliers and decades and includes pioneering numerous ness among other young people about the im- encourage the students to stay off the streets. events and activities that have enhanced the portance of natural prairie habitat by holding a Today, 70 outreach workers volunteer their lives of Puerto Ricans and other Hispanics Celebrating Prairie Festival. Over 600 elemen- time to search for at-risk children in the Chi- within the City. He was born in New York and tary school students attended the festival, cago area. And it works! In my district, where is a graduate of Inter-American University of which included a bilingual play in English and CeaseFire is most active, violence has been San German, Puerto Rico. With his wife and Spanish that explained the threats facing the reduced by an average of 45 percent. their daughter at his side, Nick has published Fender’s blue butterflies. I believe by taking a more active stance on La Voz Hispana, a weekly newspaper, and I commend these students for their efforts. the issue of gangs and gun violence, we can Canales Magazine, a monthly publication dedi- Their hard work and dedication made a real help protect the children of tomorrow. cated to the Latino arts and entertainment indifference that will help preserve this butterfly CeaseFire has even been acknowledged and dustry. He is also the president of National for future generations. supported from the First Lady Laura Bush on Hispanic Expositions, Inc, Nick Lugo Travel,

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.022 E09PT1 E1188 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2005 and Hispanic Impact Marketing, Inc. He has preneur who has developed four running busi- Darryel was endearingly referred to within been a dedicated and inspiring role model for nesses in the Real Estate marketplace in his community as a man of ‘‘sangre liviana,’’ the Hispanic community in particular and this Brooklyn, New York and parts of Queens. one of ‘‘light blood,’’ or a pleasant disposition. country in general. These businesses include Darren K. Real Es- They also called him ‘‘sano,’’ a person of sin- Immediately after graduation, Robert Acosta tate, LLC, Darren K. Real Estate, LLC Mainte- cerity, honesty, and one without malice. He enlisted in the United States Air Force and nance Division, Howard Avenue Development, was appreciated as a mentor, a profound lis- served there for the next four years. He was L.P., and Darren K. Real Estate Management tener, and for his gentle sense of humor. trained as a jet aircraft fighter mechanic and Company. A part of Darren K. Real Estate, Mr. Speaker, it is altogether fitting that Cali- received an honorable discharge. He joined LLC activities involves the acquisition, rehabili- fornia Rural Legal Assistance should name his brothers in a lifetime career as a prominent tation and development of quality housing of their office building in honor of Darryel Nacua. and successful businessman. While helping previously owned city multi-dwelling buildings The community will miss him greatly, but we his wife raise their son and three daughters for low, moderate and middle-income families. know his life will continue to inspire those he remained an important mission in his life, Rob- Before becoming involved in real estate, Mr. touched. ert was also committed to the improvement of Pearson worked as an account executive for f his community. He chaired the Local Develop- Amergold Corporation. He also worked for ment Corporation del Barrio for ten years and HONORING THE EPISCOPAL Vanguard Oil Corporation as a fuel sales- CHURCH OF ST. PAUL AND ST. helped to develop the economic and political person in the commercial and barge depart- capital of the community. Robert has been an JAMES FOR ITS CONTRIBUTIONS ments, where his duties included fuel sales to TO THE COMMUNITY active contributor to local organizations and Con Edison, PSE & G, LILCO and Govern- events and an important voice on the future of ment contracts. Within one year, he was pro- the community. moted to Director of Public Relations for Van- HON. ROSA L. DeLAURO Like his brother Robert, David Acosta was OF CONNECTICUT guard and headed the ‘‘Robert F. Kennedy raised in East Harlem and has become a IN THE HOUSE OF REPRESENTATIVES Memorial’’ Home Oil Transfer Program, a pro- major community leader and one of its strong- Thursday, June 9, 2005 est advocates. Starting with El Barrio Hard- gram that allowed Mr. Pearson to provide fuel ware in 1970, Robert and David, along with oil to needy families and non-profit organiza- Ms. DELAURO. Mr. Speaker, it is with great their brother Frank, became promising entre- tions at discount prices or even at no cost. pleasure that I rise today to join the Reverend preneurs in the community. They were part of Due to his success, he was promoted to Vice Barbara Cheney and the congregation of the the influential reactivation of the Third Avenue President of Procurement and Industrial Sales Episcopal Church of St. Paul and St. James Merchants Association and helped to revitalize for Vanco Oil Co., a subsidiary of Vanguard as they celebrate the restoration of this his- the struggling business community in the area. Oil Corp. toric New Haven treasure. This is a very spe- When David became the president of the As- After leaving Vanguard, Mr. Pearson worked cial occasion for the community and this New sociation, it accomplished its goals and pro- as the Real Estate Sales Manager for Charles Haven institution. vided opportunities for local merchants to ad- E. Simpson Real Estate Company and ob- Standing on the corner of Chapel and Olive vance political agendas and decisions in the tained his broker’s license after one year. After Streets in New Haven, St. Paul and St. James interest of the community. David would further that he started his four companies. has anchored the Wooster Square neighbor- apply his entrepreneurial skills to the creation Mr. Pearson is active in both the Brooklyn hood for more than 175 years. Originally, the of the Local Development Corporation del and Manhattan communities, as Chairman of church was designed with two wooden towers, Barrio and secured grants to enhance the the Men’s Caucus for Congressman TOWNS, however, as the years past, it became evident image and economic base of the Third Ave- member of 100 Black Men, Inc. and Senator that these towers would need replacing. In nue. He has and continues to be an active David Patterson’s Progressive Network. 1893 the west tower was rebuilt in stone and and influential member of the community. Mr. Pearson is a devoted husband to his the wooden top of the east tower was re- Peter Spinella served this country as a wife Lydia and a loving son to his mother moved—creating the church’s distinctive look member of the military police corps of the Willie Mae. Mr. Speaker, Darren K. Pearson with one short tower and one tall. Recently, United States Army. He holds a bachelor’s de- has continued to demonstrate through his ef- the need came once again to restore the west gree of science in marketing from New York forts to improve the quality of life in his com- tower and it is the completion of that renova- Institute of Technology and is an Executive munity that he is more than worthy of our rection which the community celebrates today Vice President of the Hispanic Marketing & ognition here today. with a rededication ceremony. Advertising Group, Inc. He has honorably f Our churches play a vital role in our com- served on the boards of several organizations munities—providing people with a place to including the National Puerto Rican Forum IN MEMORY OF DARRYEL NACUA turn to for comfort when they are most in and the Korean American Grocers Associa- need. In the nearly two centuries of its history, tion. A member of the board of the New Bronx HON. SAM FARR there have been many who have worshiped Chamber of Commerce, Peter brings a cultural OF CALIFORNIA within the halls of St. Paul and St. James and awareness and sensitivity to economic devel- IN THE HOUSE OF REPRESENTATIVES many who have found peace and strength in opment projects. He is also the CEO of ‘‘A the outstretched arms of the congregation. Be- Taste of East Harlem, Inc.’’ which produces a Thursday, June 9, 2005 yond the spiritual guidance it has provided, St. magazine, a website, and a restaurant/tourism Mr. FARR. Mr. Speaker, I rise today to Paul and St. James is also home to several campaign. Peter brings a talented marketing honor the memory of Darryel Nacua, a true successful outreach ministries. With portfolio to East Harlem and has worked to hero who passed away tragically and unex- congregants from New Haven, West Haven, build an active and involved community. pectedly on May 30, 2004 at the age of 48. Hamden, and Branford, it is an interracial, di- I would like to thank Nick, David, Robert, Most of Darryel’s twenty-three year law career verse congregation with a strong emphasis on and Peter for their hard work in putting to- was spent with California Rural Legal Assist- social justice and advocacy. For the last twen- gether these important community-building ance, where he dedicated his life to giving ty-five years, the church has run the Loaves events surrounding the 116th Street Festival. I legal help to the farm workers of Central Cali- and Fishes Food Closet, one of the largest join their families, friends, and community in fornia, the community of his own roots. food banks in the state. Other programs in- being proud of their accomplishments and Darryel’s assignments with California Rural clude a Clothes Closet, an alliance with the success. Legal Assistance took him to Santa Maria, Neighborhood Health Project, a Children’s f Gliroy, Salinas and finally to the Watsonville/ Mission, and an active membership in the A TRIBUTE TO DARREN K. Santa Cruz office, where he acted as Directing faith-based grass roots organizing effort, Elm PEARSON Attorney. He fought hard against poverty, in- City Congregants Organized. It is through all justice, and substandard housing, and he was of these efforts that St. Paul and St. James HON. EDOLPHUS TOWNS equally tenacious in his battles for education touches the lives of thousands and makes a and employment. Darryel was fearless in tak- real difference in their lives. OF NEW YORK ing on all entities in his pursuit of social jus- With the completed renovations, the west IN THE HOUSE OF REPRESENTATIVES tice. Darryel also served the greater Santa tower is now lit at night and clearly visible Thursday, June 9, 2005 Cruz area as a member of the Lawyer Refer- from the New Haven Green—the heart of the Mr. TOWNS. Mr. Speaker, I rise to acknowl- ral Service Governing Committee and the City of New Haven. It serves as a shining bea- edge Darren K. Pearson, an established entre- Human Care Alliance Advocacy. con of hope for those most in need. For its

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.027 E09PT1 June 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1189 many spiritual and community contributions, I A TRIBUTE TO CLARENCE HONORING THE 44TH ANNUAL am proud to stand today to pay tribute to the BOSWELL YMCA YOUTH GOVERNOR’S CON- Episcopal Church of St. Paul and St. James FERENCE and its congregation as they celebrate this very special occasion. It is my hope that they HON. ADAM H. PUTNAM HON. PETE SESSIONS will continue to serve our community for many OF FLORIDA OF TEXAS IN THE HOUSE OF REPRESENTATIVES more years to come. IN THE HOUSE OF REPRESENTATIVES Thursday, June 9, 2005 f Thursday, June 9, 2005 Mr. SESSIONS. Mr. Speaker, I rise today to COMMANDER JEFFREY THOMAS Mr. PUTNAM. Mr. Speaker, I rise today to honor the 44th Annual YMCA Youth Gov- BERNARDI recognize a great Floridian, the senior mem- ernor’s Conference that begins in Washington, ber of our State’s Bar, a true gentlemen in DC next week. I am pleased to once again every good sense of the word, and my neigh- have the honor of being the Congressional HON. DENNIS J. KUCINICH bor. Clarence A. Boswell died on February 22, sponsor for the Youth Governor’s breakfast 2005 at the age of 102, and for 75 years of with my fellow colleagues in the House. OF OHIO his life he actively practiced law in my home- The YMCA Youth Governor’s Conference IN THE HOUSE OF REPRESENTATIVES town of Bartow, Florida. brings together some of the most outstanding Clarence Boswell was admitted to the Flor- youth leaders in America. YMCA Youth and Thursday, June 9, 2005 ida Bar in 1924, and with that admission he Government is a nation-wide program that allows thousands of teenagers to simulate state Mr. KUCINICH. Mr. Speaker, I rise today in began one of our State’s longest and most distinguished legal careers. During a time and national government. recognition of United States Navy Commander Mr. Speaker, I would like to personally rec- Jeffrey Thomas Bernardi, on the occasion of when lawyers tended not to specialize, Clar- ence Boswell distinguished himself as an ac- ognize each of this year’s YMCA Youth Gov- his retirement following 20 years of dedicated complished litigator, an acknowledged expert ernors for their dedication and service to service to our country. in real estate, probate and trust matters, and America’s youth. Hunter Patterson of Texas, Quentin James Following graduation from Strongsville Sen- a beloved adviser to businesses and families of South Carolina, Forrest McConnell of Ala- ior High School, Commander Bernardi at- both great and small. bama, Matthew Hughes of Arizona, Paul tended the United States Naval Academy, For 50 years Clarence Boswell was recog- Gardner, III of California, Daniel Spellacy of earning his degree in Mechanical Engineering nized in the Courthouse as the determined de- Connecticut, Mansoor Zaman of Delaware, in 1985. Commander Bernardi began his dis- fense counsel for the railroad. Unknowing op- Taylor Siegel of Florida, Britt Bush of Georgia, tinguished career as a Naval Flight Officer in ponents were often surprised by the tenacity Colin Clark of Illinois, Phil Reaves of Indiana, 1986. with which this soft-spoken, genteel south- Arshiya Saiyed of Kentucky, Ty Bottoms of His years of service have taken him to loca- erner defended his client’s interests. As a real Kentucky, Beau Landry of Louisiana, Matt estate attorney, Clarence Boswell handled tions around the world. From Bermuda to Sic- Gorman of Maine, Karima Tawfik, Amar Gupta some of the largest real estate transactions of ily and a wide variety of other locations, Com- of Massachusetts, Elissa Laskey of Michigan, his time, and was used by other attorneys as Marvin Yates of Michigan, Jonathan Kent of mander Bernardi’s career exemplifies the very an expert witness on property issues. How- best of our armed services. In February of Minnesota, Laura Kergosien of Mississippi, ever, the traits that most endeared him to his Sam Barrett of Missouri, Paul Morgan of Mon- 1994, for example, he directed tactical support clients were the effective, competent and calm tana, Erik Ruediger of New Hampshire, Mohit for the first ever P–3C Electro-Optic recon- counsel he consistently offered those passing Shah of New Jersey, Anne Baldwin of New naissance missions overland Bosnia- through his office. A local judge once referred Mexico, Andrew Vigliotta of New York, Niema Herzegovina in support of Operation DENY to Clarence Boswell as a lawyer’s lawyer and Alimohammadi of North Carolina, Caroline FLIGHT. a gentleman’s gentleman. DuWors of Ohio, Tony Viola of Oklahoma, Wil- Commander Bernardi received his Master of In his community, Clarence Boswell was a liam Glennie of Oregon, Davon Magwood of Arts Degree in National Security and Strategic charter member of the Bartow Rotary Club Pennsylvania, Dusty Good of Tennessee, Studies from the Naval War College in 1996. when it was founded in 1924. He served on Gentry Martin of Tennessee, Josh Tate of Vir- In March of 1999, Commander Bernardi re- the Board of Trustees of Erskine College in ginia, Addison Tice of Washington, Janesse ported to the Bureau of Naval Personnel Sea Due West, SC, and as that Board’s Chairman. Lewis of the District of Columbia, and Iain Duty Component in Arlington, Virginia. He was He was a life long member of the Associate Padley of Wisconsin. I wish all of the 2005 YMCA Youth Gov- handpicked to support the execution of a CNO Reformed Presbyterian Church and served as the Moderator of that denomination’s Synod. ernors a very successful conference here in Special Project of national significance. He was attorney for the Polk County School Washington, and I encourage them to con- Most recently, in April of 2003, Commander Board for forty years and was instrumental in tinue their sincere devotion to leadership and Bernardi reported to Deputy Chief of Naval the founding of Polk Community College. public service in this and their future endeav- Operations Assessments Division at the Pen- Above all else, Clarence Boswell’s greatest ors. tagon. His ditties there included shaping the love was for his family and his wife of 63 f Navy of the future through independent analyt- years, his beloved ‘‘Toggie’’. He is survived by THE 150TH ANNIVERSARY OF ical assessment of warfighting capabilities and his two children, eight grandchildren and POLYTECHNIC PREPARATORY Department of the Navy programs. twelve great grandchildren. COUNTRY DAY SCHOOL He has received numerous awards over his Clarence Boswell was the last of a genera- career for his dedication and commitment to tion who were born into a time before the De- HON. ANTHONY D. WEINER this country. They include the Navy and Ma- pression, two great wars, I and the rise of the OF NEW YORK rine Corps Medal for heroism, Air Medal, Joint American Century. It was a generation of men IN THE HOUSE OF REPRESENTATIVES Service Commendation Medal, four Navy who stood, bowed and wore hats, not baseball Thursday, June 9, 2005 Commendation Medals, and four Navy caps that they tipped to one another in pass- Achievement Medals. ing and removed indoors. They were people Mr. WEINER. Mr. Speaker, I rise today to who always presented a fac¸ade of innocence, celebrate the 150th anniversary of the Poly- Mr. Speaker and Colleagues, please join me who never spoke openly of certain things, and technic Preparatory Country Day School. The in honor and recognition of Commander Jef- who detested rudeness and vulgarity. Now, I school is a pillar of academic excellence in frey Thomas Bernardi. As Commander am not one who cries to bring back the ‘‘good Brooklyn, New York. It is a true privilege to ac- Bernardi marks his retirement from 20 years of old days’’ but with the passage of time, we knowledge the great strides Poly Prep has dedicated service to our country, I extend my have lost in this country many good things that made over the years since it first opened its congratulations and deepest thanks to him, as once spoke of manners, respect, courage and doors in 1854. well as his wife, Stephanie, son, Zachary, and honor. Today I pay tribute to one who rep- Since its inception as the Brooklyn Colle- daughter, Jennifer. resented those good things, Clarence Boswell. giate and Polytechnic Institute, the Polytechnic

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.030 E09PT1 E1190 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2005 Preparatory Country Day School has im- ican history, free institutions, and the history production of ‘‘Korean American Spirits,’’ a mersed its students in outstanding academic and achievements of Western Civilization at documentary featuring the lives of Korean programs and provided a strong, supportive both the graduate and undergraduate level, in- Americans in the tri-state area. The program community. Like New York City, the school cluding those that serve students enrolled in raised more than $140,000 for public broad- has opened its doors to students from all over K–12 teacher education programs. casting. For his contributions, Dr. Bang was the world, representing an array of cultures, Several years ago I was involved in a con- named the 1997 recipient of the National languages and traditions. That commitment to gressional effort to highlight the decline in his- Friends of Public Broadcasting and Elaine Pe- diversity speaks volumes about Poly Prep’s il- torical and civic literacy among American col- terson Distinguished Service Award. lustrious history. lege students. This effort led to the unani- Dr. Bang was born in Korea and graduated The school’s 150th anniversary provides a mous, bicameral passage of S. Con. Res. 129 from the Medical College, Seoul National Uni- hallmark for reflection on Poly Prep’s tireless which stated, in part, that ‘‘the historical illit- versity, in Seoul, Korea in 1970. He came to efforts to provide a diverse and educationally eracy of America’s college and university the United States in 1973 and became a sound environment which has led its students graduates is a serious problem that should be board-certified internist in 1978. He is an inter- to academic success. Therefore, on behalf of addressed by the Nation’s higher education nist at the New York Methodist Hospital in the U.S. House of Representatives, I con- community.’’ Brooklyn. gratulate the Polytechnic Preparatory Country Given the increased threat to American Dr. Bang is the recipient of the 2001 Caring Day School on the occasion of its 150th anni- ideals in the trying times in which we live, it is for Children Award. Mr. Speaker, Dr. Joon versary—its Sesquicentennial—for its efforts easy to see how the lack of historical and civic Bang has continuously demonstrated through toward educational excellence and providing literacy among today’s college students has his humanitarian efforts to improve the lives of an environment that is as diverse and rich in become a more pressing issue. Nevertheless, the people in his community that he is more experience and tradition as New York City most of the Nation’s colleges and universities than worthy of our recognition today. itself. no longer require United States history or sys- f f tematic study of Western civilization and free IN RECOGNITION OF THE FOURTH institutions as a genetal prerequisite to grad- TRIBUTE TO DARA FELDMAN ANNUAL CELEBRATION OF uation, or for completing a teacher education WOMEN IN THE LAW program. HON. CHRIS VAN HOLLEN I believe it is time for Congress to take a HON. BRIAN HIGGINS OF MARYLAND more active role in addressing this matter. Our OF NEW YORK country’s higher education system must do a IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES better job of providing the basic knowledge Thursday, June 9, 2005 that is essential to full and informed participa- Thursday, June 9, 2005 Mr. VAN HOLLEN. Mr. Speaker, it is with tion in civic life and to the larger vibrancy of Mr. HIGGINS. Mr. Speaker, I rise today to great pleasure that I rise to congratulate my the American experiment in self-government, recognize the state of New York’s fourth an- constituent, Dara Feldman, on receiving the binding together a diverse people into a single nual Celebration of Women in the Law. On 2005 Disney Teacher Award. The award was Nation with common purposes. May 25th, 10 Western New York women were given in recognition of her creativity, innova- f honored for their outstanding contributions to tive teaching methods, and ability to inspire the bench and the bar. The event, hosted by her students. A TRIBUTE TO DR. JOON BANG the state’s Gender and Racial Fairness Com- Ms. Feldman, a kindergarten teacher at mittee, is both inspiring and heartening. I Garrett Park Elementary School, is being rec- HON. EDOLPHUS TOWNS would humbly like to submit brief descriptions ognized for her efforts in the areas of Early OF NEW YORK of the careers of some of these remarkable Childhood Education. Her commitment to IN THE HOUSE OF REPRESENTATIVES women to the CONGRESSIONAL RECORD. I hope teaching results in a creative, high-tech kinder- Thursday, June 9, 2005 all of the honorees are proud of their achieve- garten where children learn about the wonder ments; I know that I am proud to serve as of the world in which they live. Ms. Feldman Mr. TOWNS. Mr. Speaker, I rise to acknowl- their representative in Congress. hosts internet exchanges between her kinder- edge Dr. Joon Bang. Dr. Bang is President of Genevieve Capizzi has come a long way garten students and kindergartners in other the Korean American Youth Foundation, a since starting out as a clerical assistant in the parts of the world. This year, her students cor- non-profit organization dedicated to improving Buffalo City court 27 years ago. Due to her responded with students in Southeast Asia the lives of Korean American youth. He has perseverance and strong work ethic, she is who were victims of last December’s tsunami. been involved since 1993 with Foundation. currently the principal administrative assistant Ms. Feldman’s creativity and dedication to The Foundation’s mission is to help Korean for the 8th Judicial district. In 2003 Ms. teaching have made her one of only 45 hon- American youth develop a positive, healthy Capizzi was awarded the Office of Court Ad- orees selected from more than 50,000 nomi- identity through self-awareness, career plan- ministration’s Quality Service Award for her nations worldwide. Teachers like Dara Feld- ning, and mentoring. Every year, the Founda- leadership and service. man are making profound contributions to the tion sponsors an essay contest titled ‘‘What Chautauqua county Family Court Judge Ju- future of our country and provide a beautiful America Means to Me’’ for Korean American dith Claire graduated from SUNY at Buffalo example of how America’s teachers can excel. youth that awards college scholarships to the Law School and has become a pioneer for I applaud Dara Feldman and wish her con- winners. In 2001 the Foundation collaborated women in the legal profession in Western New tinued success in the years ahead. with WNET Channel 13 to expand the contest York. Not only was Judge Claire the only prac- f to include young people of all backgrounds. ticing female attorney in the Chautauqua The Foundation raises money to create an county when she first arrived in 1978, but in INTRODUCTION OF THE HIGHER annual career forum for Asian American youth 1999 Judge Claire became the first and only EDUCATION FOR FREEDOM ACT presented by the Flushing branch of the woman to be elected to a countywide judge- OF 2005 YWCA and the Korean American Network. It ship. In 2004 she was appointed to New York also sponsors Korean cultural events and per- State Family Court Advisory and Rules com- HON. THOMAS E. PETRI formances for the community that attracts per- mittee that helps formulate policy and rec- OF WISCONSIN formers from across the country. Dr. Bang is ommends amendments to state laws. IN THE HOUSE OF REPRESENTATIVES also a member of the Advisory Board for Helen Ferraro-Zaffram is concentrated in the Youth Affairs for the Institute of Korean-Amer- practice of elder-law. Ms. Ferraro-Zaffram pre- Thursday, June 9, 2005 ican Studies, Inc. (ICAS in Philadelphia). viously held a position as a staff attorney for Mr. PETRI. Mr. Speaker, today I am intro- Dr. Bang has devoted his time to intro- legal services for the elderly, disabled and dis- ducing the Higher Education for Freedom Act. ducing positive images of the Korean Amer- advantage of New York. Helen was nominated This legislation establishes a competitive grant ican community to the metropolitan area for this award by Supreme Court justices who program making available funds to institutions through public television. In 1994, he founded recognized her tireless efforts on behalf of the of higher education, centers within such insti- ‘‘Korean Friend’s of Channel 13’’ and served elderly. tutions, and associated nonprofit foundations. as president until 1999. In this capacity, he Ilene Fleischmann leads a busy life serving These grants would promote progams focused helped WNET Channel 13 develop a number as the associate dean of the University of Buf- on the teaching and study of traditional Amer- of fundraising events to assist the March 1999 falo Law School. She is the editor of the UB

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.034 E09PT1 June 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1191 Law forum magazine and the editor of the Uni- Mel Yost was one of three key founders of Tucker was assigned to A Company, 2nd Bat- versity of Buffalo Law Links, the Law School’s the first Colorado RESULTS chapter in 1983. talion, 503rd Infantry, 173rd Airborne Brigade, quarterly email newsletter. Prior to her work at He believed implicitly in the purpose of RE- in Vincenza, Italy. the law school, she was a staff reporter and SULTS ‘‘to create the political will to end hun- I would like to take this opportunity to pay features columnist for the Buffalo Courier Ex- ger and the worst aspects of poverty and to tribute to Private First Class Tucker. This press as well as a freelance writer. empower individuals to have breakthroughs in brave young man made the ultimate sacrifice Retired Supreme Court Judge Rose exercising their personal and political power.’’ for the security of his country and for the de- Lamendola is another extremely distinguished Mel was active with RESULTS for 22 years fense of democracy worldwide. He was an award recipient. Judge Lamendola served in and attended the first RESULTS Regional outstanding young man; and we should all be the state attorney general’s office to go on to Conference in San Diego in 1986. In Sep- grateful for his noble contributions to this na- be the first woman Erie county court judge. On tember 1990 in Denver’s City Park at the tion and the advancement of freedom. June 13th, in 1995 she was appointed by gov- World Summit of Children’s Candlelight Vigil, I am proud to call Private First Class Tucker ernor Pataki a State Supreme Court justice Mel read Ina J. Hughes’ ‘‘Prayer for Children’’ one of our own, and again deeply sorry for his and served until her retirement in 1999. before 3,000 people, including the Governor family and friends who have suffered this loss. Janic Rosa was honored for her outstanding and most of Colorado’s national and local poli- His legacy will remain, as the men and women career in family law. Prior to her election to ticians. Often accompanied by his wife, Jan, of our armed services continue to fight for lib- the Supreme Court in 2002, Rosa served as Mel attended every RESULTS International erty—both abroad and on our home soil. an Erie county family court judge. Under her Conference from 1985 through 2004. f direction, the court has appointed social work- He worked as a truck driver for Safeway for ers to assess the needs of families and chil- 30 years and frequently regaled his friends PERSONAL EXPLANATION dren. She even allows parents to put par- with stories of driving trucks in the mountains enting plans together instead of litigation. of New Mexico, Colorado, and Utah. He hap- HON. RUBE´N HINOJOSA Judge Rosa’s creativity and compassion are pily used expressions like ‘‘hammer on down, OF TEXAS both greatly admired. blue whiskey,’’ his radio handle, and ‘‘put the IN THE HOUSE OF REPRESENTATIVES Anna Scott is a Buffalo Attorney who was pedal to the medal, baby.’’ Thursday, June 9, 2005 an educator for over 20 years before becom- In recent years, Mel hosted many meetings ing an attorney. She taught in the Buffalo city of the Denver and Boulder RESULTS groups Mr. HINOJOSA. Mr. Speaker, I regret that I school and attended University at Buffalo Law because his retirement community was lo- was unavoidably detained. Had I been school. She was honored for her pro bono cated halfway between the cities. He was a present, I would have voted ‘‘no’’ on rollcall work for members in the community who can founding member in 1997 of the ‘‘Experiment No. 234. not afford attorneys. in Democracy and Citizenship’’ group begun f Carolyn Van Schaik, Esq., passed away two by my predecessor Representative David IN HONOR OF COLORADO TRAIL years ago, but her memory will be immor- Skaggs. He continued to serve on this task FOR MULTIPLE SCLEROSIS talized at a residence for homeless women. force for me, sharing consensus decisions and Ms. Van Schaik graduated from the University creative solutions about federal legislation. of Dayton School of Law in 1990 before mov- Mel always urged people to have fun. If a HON. MARK UDALL ing to Western New York to practice law. She project wasn’t fun, he didn’t want to do it. He OF COLORADO was a former executive director of the not-for- frequently read poetry, sometimes his own, at IN THE HOUSE OF REPRESENTATIVES profit organization, center city neighorhood de- RESULTS meetings. Friends always looked Thursday, June 9, 2005 velopment corp. She teamed up with the forward to receiving his letters because they YWCA of Niagara in Lockport on a project to were poetic, compassionate, and showed Mr. UDALL of Colorado. Mr. Speaker, I rise renovate an abandoned historic building in Ni- clearly his positive approach to life, along with today to recognize seven men, George agara falls and turned it into transitional hous- his kindness, his love of family, his love for all Bishop, Matt Celesta, Joe McConaty, Matthew ing for homeless women and their families. children, and his caring for the poor and op- McConaty, John-Paul Maxfield, Dan Murray, Her husband, Niagara county assistant district pressed of the world. and Chad Spurway, all Colorado natives, who attorney Robert Zucco, accepted the award on In what was to be his final presentation to have embarked on an incredible journey for her behalf. the Colorado RESULTS group, Mel recalled Multiple Sclerosis. Also awarded were State Civil Service Com- founding the organization in 1983 to work on Multiple Sclerosis is the number one dis- missioner Margaret Dadd and Chief Clerk ending hunger and poverty in the world and to abling neurological disease among young Joann Wahl of the Fourth department appel- provide hope to the hopeless. His final words adults, and the most commonly diagnosed late court in Rochester. neurological disease among those aged 20 to In closing, Mr. Speaker, I want to reiterate of advice were to ‘‘hook your mind up to your heart and let ’er rip, because that’s the only 50. Some 400,000 Americans, including 7,000 my appreciation for these women and the ex- Coloradans, have MS. The incident rate in emplary standards that they have set for way to get anything done.’’ I ask my colleagues to join me today in hon- Colorado is much higher, 1 in 625, than the members of their profession, male or female. oring the life of Mel Yost. Our world is better rate of southern states such as Texas, which As a strong supporter of gender equality, I because of him. has a rate of 1 in 10,000. These men recog- hope that this celebration encourages other nize the severity of the disease and are giving f women to be involved in the legal system and themselves in an exemplary way to combat to seek positions of leadership in all fields, re- PRIVATE FIRST CLASS STEVEN C. the disease. gardless of profession. I congratulate all of the TUCKER On July 2, 2005, seven life-long friends will honorees. begin a five-week hike along the famous Colo- f HON. KENNY MARCHANT rado Trail. The trail covers eight mountain A TRIBUTE TO MEL YOST OF TEXAS ranges, seven national forests, six wilderness IN THE HOUSE OF REPRESENTATIVES areas, and five major river systems in the 471 mile path from Durango to Denver. The pur- HON. MARK UDALL Thursday, June 9, 2005 pose of this special journey is to raise aware- OF COLORADO Mr. MARCHANT. Mr. Speaker, I rise to ex- ness of Multiple Sclerosis and raise money to IN THE HOUSE OF REPRESENTATIVES press my condolences and heartfelt sympathy help find the cure to a disease that has the Thursday, June 9, 2005 to the family and friends of United States potential to become the polio of this genera- Mr. UDALL of Colorado. Mr. Speaker, I rise Army Private First Class Steven C. Tucker of tion. today to pay tribute to Mel Yost, one of our Grapevine, Texas. These seven men are the definition of com- community’s most compassionate advocates, Private First Class Tucker was killed in ac- munity service, giving their time and energy who passed away on June 1, 2005. I had the tion on Saturday, May 21, 2005, at the age of towards such an extraordinary cause. They privilege of knowing this remarkable man per- 19, in Kandahar, Afghanistan, in support of have started an organization, Colorado Trail sonally and working with him the past 8 years Operation Enduring Freedom. He graduated For Multiple Sclerosis, ‘‘CT4MS,’’ and are rais- on numerous issues to help improve the lives from Colleyville Heritage High School in May ing money to donate to The Rocky Mountain of those oppressed by poverty, disease, and of 2004, and completed boot camp in Decem- Multiple Sclerosis Center. To date, CT4MS hopelessness throughout the world. ber of the same year. Private First Class has raised $132,192 of $250,000 they hope to

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.038 E09PT1 E1192 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2005 raise by the time they finish in August. They Technical College and the Indian Community Rev. Jefferson is known throughout the are well on their way to raising an enormous School of Milwaukee. community as a ‘‘bridge builder.’’ Over the amount of money towards a cause that needs Spotted Eagle High School’s mission is to years, he has successfully been able to distin- immediate attention. promote an appreciation for all cultures, em- guish Cullen Missionary Baptist Church as a Mr. Speaker, I ask my colleagues to join me phasizing their relevance in today’s society. center for community activism as well as a in commending George Bishop, Matt Celesta, The school endeavors to create a sense of haven for those in need of care. In 1991, he Joe McConaty, Matthew McConaty, John-Paul community while emphasizing building skills established the Cullen Christian Child Devel- Maxfield, Dan Murray, and Chad Spurway for that can contribute to students’ self-reliance. opment Center, a daycare center for Christian their efforts and pledging support for Colorado The curriculum includes strong School- To- youth. A few years later, in 1998, his leader- Trail For Multiple Sclerosis. Work components; a culturally-integrated, ship led to the creation of the Cullen Senior f competency-based, student-centered cur- Citizens Ministry, Inc., which has provided riculum; and social services designed to meet more than 54 affordable housing units for sen- RECOGNITION OF ARMY the educational needs of their students and iors 55 and older. His housing ministry also re- SPECIALIST BRIAN M. ROMINES their families. cently created: ‘‘Brand New City, Inc.,’’ which Mr. Speaker, it is a fact that many young has built, since its inception, more than 500 HON. JOHN SHIMKUS people in Milwaukee face daunting challenges houses for low income families and is well on OF ILLINOIS in completing their education because they its way to surpassing that number this year. IN THE HOUSE OF REPRESENTATIVES live in poverty. Spotted Eagle High School rec- Mr. Speaker, Rev. Jefferson is not one who ognizes those challenges, and provides spe- Thursday, June 9, 2005 takes his role in the business of saving lives cialized support services to assist students in and souls lightly, and his membership in the Mr. SHIMKUS. Mr. Speaker, I rise today to coping with them as they strive to complete Houston Branch of the NAACP, where he has recognize the life of Army Specialist Brian their educational goals. Case managers work served since 1987 as the Director of Religious Romines who was recently killed in action directly with students to ensure that family Affairs, is indicative of that commitment. Even fighting for freedom outside Baghdad, Iraq. needs are being addressed. Students at the as he works tirelessly as a full-time pastor, he Romines was a 20-year-old native of Simp- school benefit from the emphasis on parental has managed to fulfill the roles of moderator son, Illinois who served as an Army Specialist involvement, and access to health-related of the Houston Gulf Coast Baptist Association; assigned to the A Battery, 2nd Battalion, services and alcohol and drug awareness pro- president of the Ministry Advisory Council of 123rd Field Artillery Regiment, Army National grams. Members of the school staff are rooted Houston and chairman of the board of Love Guard in Milan, Illinois. He was a 2003 grad- in the same cultural communities as the stu- Our Kids, Inc. He is the founder president of uate from Vienna High School, Vienna, Illinois. dents they teach. Education and support pro- city-wide summer recreational programs and After his 18th birthday and his high school gram are designed to be relevant to students’ since 1979, coordinated programs for Hous- graduation, Romines felt the call to duty and cultural backgrounds, increasing the likelihood ton’s Ministers Against Crime, Inc. signed up for the National Guard. According to that students will stay in school and complete Rev. Jefferson is the recipient of a number reports, he was killed outside of Baghdad by their education. of honors and awards that include, but are not a roadside bomb. I know firsthand that caring and committed limited to certificates of appreciation from Romines is survived by his mother, Melinda educators have the ability to empower stu- then-Governor of Texas, Ann Richards, and Austin of Dongola, Illinois, his father, Randy dents. I salute the staff, board members, Houston Mayor Bob Lanier in 1992. That Romines of Simpson, Illinois, and his brother present and former students and parents of same year, he also received the Barbara Jor- Randall Romines, also a member of the Na- Spotted Eagle High School for their efforts to dan Leadership Award in recognition of his un- tional Guard. I am proud of the service this transform the lives of Milwaukee’s youth. I compromising commitment to diversity and young man gave to our country and the serv- wish them the best as they celebrate their human rights. Over the years, tributes from ice his fellow troops perform everyday. Not Tenth Anniversary, and look forward to cele- Texas Southern University, the Houston De- enough can be said about Army Spc Romines. brating many more milestones and achieve- fender, Anheuser-Busch Companies and oth- It is troops like him that are risking their lives ments with them. ers have all highlighted the accomplishments day in and day out to ensure our freedom f of one of Houston’s greatest spiritual leaders. here at home and to others throughout the Finally, Mr. Speaker, when history records rest of the world. I salute him and my best A TRIBUTE TO REV. ROBERT the legacy of Rev. Robert Charles Jefferson, I wishes go out to his family and all the troops CHARLES JEFFERSON, FOUNDER believe he will be touted as a visionary who fighting to ensure freedom and democracy. AND SENIOR PASTOR OF CULLEN has dedicated his life to ensuring that no one May God bless them and may God continue MISSIONARY BAPTIST CHURCH is left behind. to bless America. f f HON. AL GREEN OF TEXAS CONGRATULATING THE UNIVER- IN CELEBRATION OF THE TENTH SITY OF MICHIGAN WOMEN’S IN THE HOUSE OF REPRESENTATIVES ANNIVERSARY OF SPOTTED SOFTBALL TEAM ON WINNING EAGLE HIGH SCHOOL Thursday, June 9, 2005 THE WOMEN’S COLLEGE WORLD Mr. AL GREEN of Texas. Mr. Speaker, SERIES. HON. GWEN MOORE Today I pay tribute to a noble spiritual leader, OF WISCONSIN a friend and my pastor, Rev. Robert Charles HON. JOHN D. DINGELL IN THE HOUSE OF REPRESENTATIVES Jefferson. As the founder and senior pastor of OF MICHIGAN the Cullen Missionary Baptist Church, he will, IN THE HOUSE OF REPRESENTATIVES Thursday, June 9, 2005 on Sunday, June 12, 2005, celebrate more Ms. MOORE of Wisconsin. Mr. Speaker, I than 28 years of loyal and dedicated service Thursday, June 9, 2005 rise today to recognize the achievements of to not only the ministry but to the people of Mr. DINGELL. Mr. Speaker, I rise today to an outstanding high school in my district. On the great city of Houston, TX, as well. honor and congratulate the University of Michi- June 10, 2005, Spotted Eagle High School Mr. Speaker, Rev. Jefferson was born on gan women’s softball team on Winning the celebrates its Tenth Anniversary. For the past January 12, 1942 in Baton Rouge, LA. After Women’s College World Series (WCWS), decade, Spotted Eagle High School has of- completing his undergraduate education, he bringing home the first national championship fered a supportive learning environment not moved to Houston, TX, where he completed in the softball program’s history. Displaying the only for the Native American students for graduate study at Texas Southern University hard work and tenacity they acquired through whom it was designed, but for a multiracial and InterBaptist Theological Center. For more a grueling 72 game season, this team dug body of at-risk youth whose needs require the than 17 years, before accepting his call to the deep and rose to victory, defeating the two- intensive and individualized attention the ministry, Rev. Jefferson ran a very successful time defending champion UCLA Bruins 4–1 in school provides. air-conditioning business. Because he is a extra innings. Spotted Eagle was established in 1994 by great spirit-filled religious leader, in 1977, he This season Michigan advanced to its eighth the Milwaukee Area American Indian Man- was led to organize Cullen Missionary Baptist WCWS, earned its first No.1 national ranking power Council in partnership with the Mil- Church where, since its founding, he has and won its 10th Big Ten Conference cham- waukee Public Schools, the Milwaukee Area served as senior pastor. pionship and seventh Big Ten Tournament

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.043 E09PT1 June 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1193 title. Head coach Carol Hutchins earned the Council of La Raza, the National Education reer in education, to established teachers 900th victory of her career in 2005, while jun- Association, New Leaders for New Schools, working in fields like math and science, where ior Jennie Ritter earned the honor of Big Ten the New Teacher Project, Operation Public the teacher shortage is most acute, and to re- Pitcher of the Year and was one of three final- Education, Teach for America, the Teacher tirees with math and science expertise who ists for USA Softball Collegiate Player of the Advancement Program Foundation, and The would like to join the ranks of our nation’s Year. Teaching Commission. teachers. Michigan was the first team east of the Mis- We know the dismal effects on students The TEACH Act also offers up to $20,000 in sissippi to reach the championship game of when they lack the highest quality teachers. loan forgiveness to highly qualified teachers the Women’s College World Series and the And we know that there are many reasons wbo are working in high priority communities. first non-West Coast school to be ranked No.1 why people decline to enter the teaching pro- The TEACH Act also helps new teachers midseason. fession, or decide not to remain there. Rea- transition into the classroom and build their Proving they are more than just athletes, sons such as low pay, lack of professionl de- skills through state-of-the-art induction pro- these inspiring young women balanced class- velopment, unreasonable burdens, or little op- grams that include proven strategies such as work and community service with practice and portunity for advancement. Congress cannot structured mentoring, common lesson-plan- over 15 games per month—all while maintain- afford to ignore this immediate and mounting ning, and intensive professional development. ing strong academic records with six team crisis in the teaching profession that will grow My bill also addresses the problem that poor members earning Academic All Big Ten hon- exponentially as an unprecedented number of children are far less likely to be taught by ex- ors. teachers retire in the next five years. pert teachers. Nearly three-quarters of math My 45 colleagues who are original cospon- Mr. Speaker, I ask that you and all of my classes in high-poverty middle schools are sors and I are prepared to respond to this colleagues join me in sending our heartfelt taught by teachers who lack a major—or even challenge facing American education with an congratulations to coach Carol Hutchins for a minor—in math. The TEACH Act provides innovative approach that matches the serious- her coaching and leadership, and to the Wom- higher pay for exemplary highly qualified ness of the challenge with the ‘‘The TEACH en’s College World Series Champions, the re- teachers and principals who transfer into the Act of 2005’’—the next step our country needs markable Wolverine women: Lorilyn Wilson, hardest-to-staff schools where they can help to take to ensure that every teacher, in every Jennifer Kreinbrink, Lauren Talbot, Tiffany the children who need them most. Making classroom, teaching every child, is highly Worthy, Stephanie Bercaw, Michelle Teschler, sure these children are taught by a well- qualified. Stephanie Winter, Grace Leutele, Lauren Hol- trained teacher is crucial because over a five land, Jennie Ritter, Samantha Findlay, The most important single factor in deter- year period, it can close the performance gap Alessandra Giampaolo, Nicole Motycka, Re- mining a child’s success in school is the qual- between low-income and high-income stu- bekah Milian, Tiffany Haas, Michelle ity of his or her teacher. We all remember a dents. Weatherdon, Jessica Merchant, Becky Marx, teacher—or even several teachers—who The TEACH Act also helps create true ca- and Angie Danis. made us proud of ourselves for what we ac- reer ladders that allow teachers to advance in f complished and helped us face our future with the profession as they gain new knowledge hope and confidence. Imagine if every one of and skills. The bill would augment the salaries INTRODUCING THE TEACHER EX- our teachers over the years had given us that of teachers who seek out opportunities to ad- CELLENCE FOR ALL CHILDREN same strength. vance their own professional development and ACT The TEACH Act will accomplish four critical to mentor colleagues who are new to the profession. goals: Increase the supply of outstanding We also know that nothing is more impor- HON. GEORGE MILLER teachers; Ensure all children have teachers tant in attracting—and keeping—outstanding OF CALIFORNIA with expertise in the subjects they teach; Iden- teachers than outstanding principals. My bill IN THE HOUSE OF REPRESENTATIVES tify and reward our best teachers; Keep the raises standards and improves recruitment best teachers and principals in our schools. and training for new principals. Thursday, June 9, 2005 This bill is a major legislative initiative that Teaching is not just another job. Teaching is Mr. GEORGE MILLER of California. Mr. will attract our most talented teachers to the a career that must be satisfying in itself, that Speaker, I am pleased today to introduce an classrooms of our nation’s toughest public must attract the best people, and that must instruct our children to succeed in an increas- important piece of new legislation, the Teacher schools—and encourage them to stay there. ingly competitive world. Excellence for All Children Act, that is the next When our nation’s school doors close for We can have a dynamic and exciting future step our country needs to take to ensure that the summer later this month, more than for America’s schools and their students. We every teacher in every classroom, teaching 200,000 teachers, nearly 6 percent of the have the national resources. Now, we must every child, is highly qualified. teaching workforce, will leave the profession. make the commitment. First and foremost, I want to thank our Over the next decade, we will need to hire We must dedicate the necessary resources, teachers for their dedication and commitment more than two million new teachers to serve demand the necessary results, and stay with to taking on the overwhelming demands of in our public schools. Yet today, we have no it to the end to make sure that every child in America has a teacher we can all be proud of their profession. We ask them to perform mir- national plan for attracting outstanding stu- and that every teacher in America can say acles every day in our underfunded and over- dents into the teaching profession, or keeping they are proud of us too for the support we crowded system. And we owe it to them and them there. give them. to their students to provide more than rhetoric A large proportion of those who do enter I would also like to acknowledge three re- about our commitment to encouraging talented teaching remain a short time, discouraged by ports that were particularly useful. The Teach- people to enter the field and stay there. low salaries, inadequate opportunities for pro- ing Commission’s report, Teaching at Risk: A Let me also thank the organizations, and fessional development, and low public esteem. Call to Action; the Center for American Progress report. Ensuring a High Quality Edu- their members, who go to work every day with By failing to address this problem, Congress is cation for Every Child by Building a Stronger the commitment to help our schools and our shortchanging our children and costing tax- Teaching Force, and the National Academy of students succeed. They are a great constitu- payers more than $2.6 billion annually replac- Education report A Good Teacher in Every ency for this legislation, and I welcome their ing teachers who have dropped out of the pro- Classroom: Preparing the Highly Qualified support and their input in its development. fession. We need to act immediately to assure Teachers Our Children Deserve. All three re- Thank you to the Alliance for Excellent Edu- that we have an adequate supply of exem- ports were extremely instrumental, particularly cation, the American Federation of Teachers, plary teachers for the next generation of stu- in identifying practices that are working well and need to be taken to scale. the Business Roundtable, the Center for dents. The TEACH Act will take us where research American Progress Action Fund, the Chil- My bill addresses this need by helping and experience say we need to go: stronger dren’s Defense Fund, the Council of Great school districts to pay more competitive sala- teachers, stronger principals, stronger schools. City Schools, the Education Trust, the National ries and by offering up-front tuition assistance I look forward to achieving the vision of a bet- Council on Teacher Quality, the National to talented undergraduates committed to a ca- ter school system for all of our children.

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A09JN8.047 E09PT1 E1194 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2005 INTRODUCTION OF THE NEW The Apollo Alliance has found that a substan- from Assembly of God’s Church, Coastville, APOLLO ENERGY ACT tial federal commitment to clean energy could PA. yield up to 3.3 million jobs nationally. The Uni- Since coming to the United States he has versity of Michigan concluded that United served in different capacities and worked with HON. JAY INSLEE States stands to lose 38,000–207,000 jobs if various organizations and community leaders. OF WASHINGTON the domestic automotive industry fails to retool He once served as a Special Assistant to Rev. IN THE HOUSE OF REPRESENTATIVES their plants to adjust to the growing hybrid ve- Clearance Williams, pastor of the House of Thursday, June 9, 2005 hicle market. Further, the Department of En- Prayer Church; Director of Project & Program, ergy has estimated that standards just on Vice President of Human Resource under the Mr. INSLEE. Mr. Speaker, in April 2005, the clothes washers, water heaters, and fluores- late Chief Adebowale Joshua of Central House of Representatives once again passed cent lamp ballasts will create 120,000 jobs Brooklyn Coordinating Council; Director of an antiquated and outdated energy bill that through 2020. Human Resource/Public Relations/Grants fails to address the grave realities that our The New Apollo Energy Act reduces our de- under Ngozi Moses of Brooklyn Perinatal Net- country faces today. With record high gasoline pendence on foreign oil. We no longer have to work. prices, we need an energy bill that diversifies accept an energy bill that fails to encourage In 1995 Rev. Jonathan Owhe and his wife the usage of renewable energy or one that started the Christ The Rock International our automobile fuels and encourages domesti- fails to reduce our consumption of foreign oil. Church in their living room with just a couple cally manufactured fuel efficient vehicles. The Department of Energy’s own independent of members. The church now has over 400 With millions of family wage manufacturing research body—the Energy Information Agen- parishioners at its Brooklyn headquarters as jobs lost since 2001, we need an energy bill cy (EIA)—concluded that under the Adminis- well as two branches in Tennessee and Geor- that takes bold action to tap into American in- tration’s proposed energy plan over the next gia and over 300 churches in Africa, Asia, and genuity in order to lead the world in new clean 20 years, our oil imports will increase to 80 Europe. energy technology, rather than playing catch- percent, and gas prices are likely to rise 3–8 Rev. Owhe is a community oriented indi- up to the Japanese, Danish, and Germans. cents, which would be the equivalent projec- vidual. Concerned with the health disparities tions of enacting no energy bill at all. The EIA Just as concerning is that our reliance on Mid- and social disintegration of inner city neighbor- has also reported that despite the electric utili- hoods, he founded the Rockgate Community dle Eastern oil, creates a need to establish an ties’ repeated claims that a renewable energy Development Inc. Through this organization, energy policy that allows us to end our histori- standard would hurt consumers and the econ- various social, health and educational pro- cally objectionable policies in this area. Addi- omy as a whole, a 10 percent renewable en- grams have been created, including Faith in tionally, the science is clear that our green- ergy standard by 2020 would cost consumers Action Volunteer Care Services, Housing Re- house gas emissions are threatening to signifi- almost nothing—about the difference of 1 per- ferral and Counseling Services, Infant Mortality cantly change the world’s climate, yet this en- cent spread out over the next 15 years. Reduction & Maternal Health Initiative, Com- ergy bill does not even contain the words ‘‘cli- The New Apollo Energy Act reduces green- prehensive Youth Leadership & Mentoring Program, HIV/Aids Outreach Services, and a mate change’’ or ‘‘global warming’’. The house gas emissions. Among other things, the New Apollo Energy Act provides tax credits Food Pantry program which feeds hundreds of House passed Energy bill does little, or noth- and loan guarantees to develop more cel- people weekly. ing, to address these mounting concerns. lulosic biomass and biodiesel while providing Rev. Jonathan Owhe is the Chairman of the That is why I, and several of my colleagues, incentives to produce and purchase energy ef- Rockgate Tours, a transportation ministry— have joined together to introduce the most in- ficient projects and developing new efficiency taking passengers all over the United States. novative and comprehensive energy plan in standards for the home. He sits on various boards and steering com- recent decades, known as the New Apollo En- Most importantly, this bill includes a tradable mittees of major health and social service or- ergy Act. New Apollo seeks to solve America’s greenhouse gas permit scheme that closely ganizations including the Brooklyn Prenatal energy crisis through technological innovation resembles McCain-Lieberman’s Climate Stew- Network Inc., Brooklyn Pediatric Health Net- work, New York City Comprehensive Prenatal much in the same way that President Kennedy ardship Act. In 2010, our bill would cap carbon dioxide emissions at 2000 levels. This would Network, and the Greater Southern Coalition channeled the resources of the American peo- also include an auction for 5–10 percent of the Network. ple in the 1960’s to meet the challenges of the permits for new entrants. As Members of Con- Rev. Owhe has a television program called race to the Moon. gress we are continually amazed that many of Hour of Restoration, which reaches thousands The New Apollo Energy Act has the three our colleagues have yet to accept global of homes each week. He and his wife, Toyin, simple goals of: (1) breaking our addiction to warming as fact. Many of us have seen the ef- have five children. Mr. Speaker, Rev. Jona- Middle Eastern oil, thereby increasing our Na- fects of global warming with our own eyes— than Owhe has continuously demonstrated his tion’s homeland security; (2) creating millions the disappearing glaciers in Glacier National dedication to his community through his role of high paying domestic jobs; and (3) address- Park, the melting permafrost in the Arctic, the as a religious leader and his commitment and generosity in helping others that he is more ing the environmental problem presented by disintegration of ice shelves, the rapidly rising temperatures, and the sudden appearance of than worthy of our recognition today. global warming. birds and other animals in places where they f Highlights of our New Apollo Energy Act in- have never before existed. Global warming is clude: Significant tax incentives for the devel- about as much a theory as gravity, yet some RECOGNIZING SOUTHERN ILLINOIS opment, manufacturing, and purchasing of do- in Congress continue to ignore nature’s warn- AIRPORT AS THE 2005 RECIPIENT ing signs. Congress needs to embrace a pol- OF THE GENERAL AVIATION AIR- mestic clean energy technologies; Investment PORT OF THE YEAR AWARD in energy efficient infrastructure and regulatory icy that directly confronts the problem of cli- oversight; An oil savings provision that re- mate change with the kind of innovative tech- quires the President to use existing authority nology that has made science aware of these HON. JERRY F. COSTELLO issues. OF ILLINOIS to reduce the daily consumption of oil by The New Apollo Energy Act is revenue neu- IN THE HOUSE OF REPRESENTATIVES 600,000 barrels by 2010 and 3,000,000 bar- tral. This bill is funded by closing corporate tax Thursday, June 9, 2005 rels by 2020 (approximately what we currently shelter loop-holes, and from funds generated import from the entire Middle East); Increased by the carbon emissions cap and trade pro- Mr. COSTELLO. Mr. Speaker, I rise today to funding for LIHEAP and weatherization gram set up in this bill. ask my colleagues to join me in recognizing projects; A 10 percent Renewable Portfolio f Southern Illinois Airport for being awarded the General Aviation Airport of the Year for 2005 Standard by 2021; Electric grid reliability A TRIBUTE TO REV. JONATHAN by the Illinois Department of Transportation. standards; Appliance efficiency standards; A OWHE Southern Illinois Airport is located between renewable fuels standards set at 8 billion gal- Carbondale and Murphysboro, and is among lons by 2013. HON. EDOLPHUS TOWNS the busiest airports in the state, with 120,000 The New Apollo Energy Act creates jobs. It OF NEW YORK takeoffs and landings each year. In addition to is often falsely assumed that environmental IN THE HOUSE OF REPRESENTATIVES the private and business customers who use protection and innovation comes at a cost to the airport on a daily basis, Southern Illinois Thursday, June 9, 2005 the economy, yet study after study concludes Airport is also home to the Aviation Manage- that environmental stewardship and techno- Mr. TOWNS. Mr. Speaker, I rise to honor ment and Flight programs for Southern Illinois University Carbondale. logical ingenuity can walk hand in hand. The Rev. Jonathan Owhe, a native born Nigerian who immigrated to the United States of Amer- The airport is designed to accommodate air- University of California at Berkley reported that ica in 1989 in answer to God’s Call to restore craft from the smallest propeller airplanes to the renewable energy sector generates more a dying world. Rev. Owhe, a distinguished the small jets used in business fleets. Its prox- jobs per megawatt of power installed, per unit scholar holds a Bachelors of Arts in Earth imity to the commercial, recreational and edu- of energy produced, and per dollar of invest- Science, Masters of Science in Non-profit cational facilities of Southern Illinois make it ment, than the fossil fuel-based energy sector. Management and Ministry Ordination/Licenses convenient for the private or business traveler.

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0626 Sfmt 8470 E:\CR\FM\A09JN8.051 E09PT1 June 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1195 Location alone is not responsible for the rights, Mr. Pinã Borrego has been a target of Krumbein’s commitment to the fair treatment success of Southern Illinois Airport. Airport the nightmare called the Castro regime. for all people led to his involvement in the de- Manager Gary Shafer and approximately 200 According to Amnesty International, in 2001 velopment of the Council of America’s First full and part-time employees have earned Mr. Pinã Borrego was detained by the tyrant’s Freedom. He was a strong proponent of edu- through their hard work and commitment to security thugs. However, despite constant har- cation, conservation, and equality for all and excellence no only the General Aviation Air- assment, and the ever present threat of being worked enthusiastically throughout his life to port of the Year Award for 2005 but the con- thrown in the gulag for his beliefs, Mr. Pinã improve our society. Among all of his commit- tinued respect and confidence of the flying Borrego bravely persisted in advocating for ments, Mr. Krumbein continued his work as a public. This marks the fourth time that South- human rights and freedom. pharmacist and received the Virginia Out- ern Illinois Airport has been the recipient of On March 19, 2003, as part of the dictator’s standing Pharmacist Award in 2002. this prestigious award, the second highest condemnable crackdown on peaceful pro-de- Mr. Krumbein is survived by his wife of 61 number among all the airports in the state of mocracy activists, Mr. Pinã Borrego was ar- years, Amy Meyers Krumbein; three sons, Illinois. rested because of his belief in freedom and Charles Krumbein, Michael Krumbein, and Lee Mr. Speaker, I ask my colleagues to join me human rights. In asham trial, he was sen- Krumbein; and one daughter, Joyce Slater. in congratulating Airport Manager Gary Shafer, tenced to 20 years in the inhuman, totalitarian Mr. Speaker, I hope you will join me in hon- the Commissioners and staff of Southern Illi- gulag. oring Nathaniel Krumbein and offering our sin- nois Airport for this very well-deserved award. Mr. Pinã Borrego is currently languishing in cerest condolences to his family and friends. f an abhorrent, inhuman cell in the totalitarian f gulag. These depraved conditions are truly ap- CONGRATULATING THE WESTERN TRIBUTE TO DR. EVERETT L. palling. The State Department describes the DARGAN NEW YORK LETTER CARRIERS conditions in the gulag as, ‘‘harsh and life FOR THEIR ‘‘STAMP OUT HUN- threatening.’’ The State Department also re- GER’’ WIN ports that police and prison officials beat, ne- HON. JAMES E. CLYBURN glect, isolate, and deny medical treatment to OF SOUTH CAROLINA HON. BRIAN HIGGINS detainees and prisoners, including those con- IN THE HOUSE OF REPRESENTATIVES OF NEW YORK victed of political crimes. It is a crime of the Thursday, June 9, 2005 highest order that people who work for free- IN THE HOUSE OF REPRESENTATIVES dom are imprisoned in these nightmarish con- Mr. CLYBURN. Mr. Speaker, I rise today to Thursday, June 9, 2005 ditions. pay tribute to Everett L. Dargan, an outstanding surgeon, a devoted husband and fa- Mr. HIGGINS. Mr. Speaker. I rise today to Because of courageous Cuban men and women, like Mr. Pinã Borrego, freedom and ther, and an all-around good citizen of South congratulate the Western New York Letter Carolina. Carriers for coming in first National Associa- democracy are on the march in Cuba. These pro-democracy activists languish in abhorrent At the age of 15, Everett Dargan, a native tion of Letter Carriers in the ‘‘Stamp Out Hun- of Columbia, won a scholarship to Morehouse ger’’ food drive. dungeons, they defy the dictator’s machinery of repression and, despite every threat and College in Atlanta. He later transferred to the On June 7th, the NALC announced that University of Buffalo in upstate New York Branch 3 of Buffalo/West New York managed obstacle, these opposition leaders continue to demand liberty for the people of Cuba. where he earned a bachelor’s degree in biol- to collect a whopping 1,896,038 pounds of do- ogy in 1949. Dargan credits the faculty and nations, placing them in the lead for a third Through their bravery and because of their un- wavering commitment and the hard work and administration of Morehouse College, in par- consecutive year. The resolve of the 2,100 commitment of countless other patriots, Cuba ticular then-Morehouse College President Ben- members of Branch 3 to collect and process will be free again. jamin E. Mays, Ph.D. and Harold Eugene Fin- donations at community food banks is com- ley, Ph.D., for instilling a lifelong sense of aca- mendable, and it is just another example of Mr. Speaker, Mr. Pinã Borrego is suffering in a grotesque gulag because he believes in demic discipline, the inspiration to dream that the hard work and dedication that our letter a career in medicine was possible for him, and carriers put into their jobs. human rights. My colleagues, we cannot allow peaceful pro-democracy activists to languish in a dedication to personal excellence. ‘‘Dr. Fin- The National Association of Letter Carriers the depraved prisons of tyrants. We must de- ley put me into warp speed and opened up is over 100 years old and the Buffalo/Western mand immediate and unconditional freedom new worlds to me—embryology, anatomy and New York branch was one of the founding for Horacio Julio Pinã Borrego and every pris- zoology. Seeing bacteria and red blood cells branches in the union. The members are ac- oner of conscience in totalitarian Cuba. was like discovering new life forms on ‘Star tive in both labor issues and the community. f Trek.’ He was a taskmaster and insisted on The post officers are considered neighbors perfection,’’ Dargan recalls. ‘‘But he also had and friends, delivering mail daily and offering REMEMBERING NATHANIEL a sense of humor. He was my mentor.’’ reliable service to residents throughout the KRUMBEIN Dargan contined his education at Howard county. Despite long winters and the harsh University’s College of Medicine where he cold, each year the postal carriers have been HON. ERIC CANTOR earned his M.D. and also won First Prize in dependable and enthusiastic, and their first OF VIRGINIA Medicine. After medical school, he completed place position in the ‘‘Stamp out Hunger’’ food IN THE HOUSE OF REPRESENTATIVES his internship at Kings County Hospital Center drive perfectly illustrates these traits. Thursday, June 9, 2005 in Brooklyn, NY, and was later named chief I would like to thank all the letter carriers for resident surgeon at the Bronx Municipal Hos- their tireless efforts and to thank the union la- Mr. CANTOR. Mr. Speaker, I rise today to pital Center of the Albert Einstein College of borers in Buffalo and throughout Western New honor the passing of Nathaniel Krumbein. Nat Medicine in New York. Dargan interrupted his York. The union workers of my district com- Krumbein was a pillar of the Richmond com- specialty training to serve in the United States prise the foundation of our sense of commu- munity and a key figure in the growth of the Air Force as a captain and commander of the nity and values. We would be lost without their Richmond-based Heilig-Meyers furniture com- 3910th USAF Hospital in Mildenhall/ help. I would like to express my appreciation pany. Lakenheath, England, during the Korean War. and gratitude for the indispensable part that Mr. Krumbein was a successful pharmacist Later, he would continue his commitment to they play in our daily lives, and to congratulate in Charlotte, North Carolina before moving to providing quality medical care to military vet- them in their ‘‘Stamp Out Hunger’’ food drive Richmond in 1950 in order to help with his erans through his service to the Dorn Vet- win. wife’s family business. He worked with Chair- erans Administration Medical Center in Colum- f man and CEO Hyman Meyers and President bia, SC. and Vice Chairman Sidney Meyers to help Dr. Dargan completed his training in tho- FREEDOM FOR HORACIO JULIO Heilig-Meyer become the nation’s largest fur- PIN˜ A BORREGO racic and cardiovascular surgery at Boston niture retailer. As one of the owners and the City Hospital, achieving the post of chief resi- creative force behind the company, he is cred- dent surgeon, and became a thoracic surgical HON. LINCOLN DIAZ-BALART ited with the expansion of product lines to in- instructor at Boston University Medical Center OF FLORIDA clude non-furniture departments and was rein Massachusetts. He returned to New York IN THE HOUSE OF REPRESENTATIVES sponsible for initial store acquisition and con- and continued his commitment to academic struction for all the company’s locations. The Thursday, June 9, 2005 medicine as a researcher and instructor company had more than 100 stores by the through various appointments, including asso- Mr. LINCOLN DIAZ-BALART of Florida. Mr. time he retired as vice chairman of the board ciate professor of Surgery at the Albert Ein- Speaker, I rise today to speak about Horacio in 1984. stein College of Medicine, chief of surgery at Julio Pinã Borrego, a political prisoner in totali- Mr. Krumbein was also a dedicated philan- Lincoln Hospital, and director of surgery at tarian Cuba. thropist and activist. He served as Chair of the Sydenham Hospital. In keeping with his com- Mr. Pinã Borrego is a pro-democracy activist Virginia Chapter of the Anti-Defamation mitment to academic surgery as teacher, prac- in totalitarian Cuba. He is a member of the League as well as on the National Board. For titioner and researcher, he taught medical stu- Party for Human Rights in Cuba. Because of his service, he was made an Honorary Life dents and surgical residents for more than 12 his belief in freedom, democracy, and human Commissioner of the ADL. Also, Mr. years. Dargan expected perfection and taught

VerDate jul 14 2003 08:16 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0626 Sfmt 8470 E:\CR\FM\A09JN8.054 E09PT1 E1196 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2005 his students what he learned from his mentor, HONORING THE 50TH ANNIVER- I was proud to join Linda at Anne Arundel Dr. Finley. At Lincoln Hospital, he met his fu- SARY OF CONGRESSMAN JOHN P. Community College’s Commencement and am ture wife, a registered nurse and flight attend- MURTHA AND HIS WIFE, JOYCE pleased to submit her address for the ant at TWA, Carol Poyner. RECORD. Dargan has published many surgical papers HON. MICHAEL F. DOYLE VALEDICTORY ADDRESS BY LINDA HOWARD GARRETT in leading national medical journals and has OF PENNSYLVANIA participated in preparing practicing surgeons ‘‘Good evening, President Smith, Congress- IN THE HOUSE OF REPRESENTATIVES man Hoyer, Trustees, honored guests, fac- for board certification. He has given presen- Thursday, June 9, 2005 ulty, staff, friends and families, classmates. tations at national and international medical If anyone had told me 2 years ago that I meetings. Dargan returned to South Carolina Mr. DOYLE. Mr. Speaker, I rise today to would be standing here tonight, I would have in 1978 and began a private practice in tho- honor our dear friend and colleague, JOHN P. stared in disbelief. It was with great trepi- racic, vascular and general surgery in Colum- MURTHA as he and his wife Joyce celebrate dation that I returned to school after 37 bia, sharing an office with the late Dr. Cyril O. the 50th anniversary of their marriage. I would years, and I wasn’t sure I would succeed, much less excel. And yet here I am—here we Spann, who had urged him to come home. like to submit the following statement of Father William George to honor this occasion: all are because of our hard work and dedica- Two years later, Dargan and Dr. Gerald A. tion to a goal. DINNER BLESSING BY FATHER WILLIAM Wilson formed Midlands Surgical Associates, Many people have asked me what moti- GEORGE, S.J. AT THE 50TH ANNIVERSARY vated me to work so hard and to remain so P.A., out of a shared sense of commitment to DINNER FOR CONGRESSMAN AND MRS. JOHN dedicated, and as I began to think about that competent, compassionate, and appropriate P. MURTHA question, I realized there were several an- patient care in South Carolina. The practice Blessed are you, God of all Creation. We swers. has grown to include Dr. Dennis A. Wilson. In are created in your image and likeness and It helped to know that I was enrolled in 1979, Dr. Dargan joined the faculty of the Uni- share the gifts you have bestowed on us, es- one of the premier paralegal studies pro- versity of South Carolina as a clinical asso- pecially your gift of divine Love. Source of grams in the country, and attending Ann ciate professor of surgery, hoping to inspire a all Love and Kindness, we thank you for the Arundel—a shining star in the Nation’s net- love we share this evening of Jack and Joyce work of community colleges. new generation of physicians to provide com- Murtha’s mature and wonderful love as we passionate medical services to South Caro- celebrate their 50th Wedding Anniversary. Of course there was my family who inspired me by their unflagging support—espe- linians. St. Paul speaks of how without love, we cially my 14-year-old daughter who tempo- Dr. Dargan is a founding member of Physi- gain nothing; that Love is patient, love is rarily relinquished her self-proclaimed posi- kind. It is not jealous, is not pompous, is not tion as center of the universe and willingly cian’s Health Plan of South Carolina, now inflated; it is not rude; it does not seek its Carolina Care Plan, a fellow of the American assumed more responsibility at home be- own interests, it is not quick-tempered, it cause I had a test scheduled or a paper due. College of Surgeons, and a former chief of does not brood over injury, it rejoices with the truth. It bears all things, believes all And the professors who gave so generously staff at Palmetto Health Richland. A life mem- of their time and talents: Professors Kelly ber of the National Association for the Ad- things, hopes all things, and endures all things. Love never fails. (1 Cor.) Koermer, Robyn Brown, Karen Cook, Mona vancement of Colored People, he is also a Clark, Stanley Robbins, Susan Kilgard, Rich- The faith that Joyce and Jack have in each ard Faircloth, Sarah Glenn, Cathy Hayes, member of the Kappa Pi and Alpha Omega other is witnessed to by their 50 years of Alpha medical honor societies. The Dargans Sherry Hopkins, Wade Taylor. I could go on marriage, but also how hard they work to and on as I’m sure each of you could as you have two children, Jennifer Dargan and Cath- support each other and their generosity to remember those dedicated teachers who were erine Dargan Phelps; a son-in-law, Peter others. Their hopefulness is revealed in their a profound influence on you. Phelps; and two much-loved grandchildren, patience and continued generosity even when criticized and challenged. Their love is a wit- Sometimes it was a staff member—like Addison Morgan Phelps. ness to the divine spirit within all of us and Miss Ina in the Florestano student lounge Dr. Dargan is being honored in his home- we thank you for them. my first year. Even though she wasn’t officially scheduled to open until 8:30, she was town next Thursday night and I ask you, my Their gift of self to each other reveals the there every morning at least an hour early, colleagues, to join me in congratulating him richness of the union of husband and wife in dispensing hot coffee and encouragement. and commending the University of South the sacrament of marriage. We ask you to continue to bless their love with your grace. Often, it was a classmate: the student older than I—in his seventies—still seeking Carolina for helping all Columbians recognize Jack and Joyce have united in a strong and Dr. Dargan’s contributions by establishing a knowledge and growth and intellectual stim- productive way in service to their country. ulation. Or the 18-year-old who took the ear- scholarship at its medical school in his name. As one nation under God, we appreciate their liest classes available so she could hurry f dedication and love of country. If every home to care for her ailing mother. And all member of Congress had such a supportive of the amazing single parents juggling fami- TRIBUTE TO DELORES M. HANDY spouse, the laws of our land would be more in lies and full-time jobs and still managing to accord with your will, bringing peace attend every class, turning in every assign- through justice. Please, dear Lord, continue ment on time. HON. CHARLES W. BOUSTANY, JR. to bless them with vigor, insight and courage. But perhaps the most compelling influence OF LOUISIANA was a sense of history and an appreciation We ask your care for our young men and IN THE HOUSE OF REPRESENTATIVES for what many Americans take for granted. women in uniform all throughout the world I gained that appreciation while serving for Thursday, June 9, 2005 who are in harm’s way. Inspire them and 26 years with the U.S. Army. During that make them shining witnesses to justice time I had the opportunity to travel all over Mr. BOUSTANY. Mr. Speaker, I rise today wherever they serve. the world—from the Far East to East Berlin. to acknowledge the hard work and dedication Please bless our celebration of Jack and And the more I saw of the world, the more I of one of the constituents in my district. Joyce’s 50th. Bless this food we are about to came to value the freedoms and opportuni- Delores M. Handy has been a valuable em- receive from your bounty, as we have faith ties that are uniquely American. And at no in you, our God, who lives forever and ever, time did I feel that appreciation more than ployee of the Acadia Parish Tax Assessor’s Amen. during a visit to Ellis Island. Office for over 3 decades. On June 30th, f Over a hundred years, ago, immigrants 2005, she will retire after 33 years of service poured into this country seeking a better to her community. VALEDICTORY ADDRESS BY LINDA life. And they weren’t satisfied to just be in This woman, affectionately known as Dee, HOWARD GARRETT America. They wanted to be Americans, and that meant that they had to learn a new lan- has become a friendly face in local govern- guage and a new history so they could pass ment. The most common phrase used to de- HON. STENY H. HOYER a citizenship test. They sought out classes scribe her is ‘‘tremendous asset.’’ Working at OF MARYLAND wherever they could find them—in church the counter in the Assessor’s Office, she will IN THE HOUSE OF REPRESENTATIVES basements and elementary school classrooms and community halls. always be remembered as a woman who Thursday, June 9, 2005 greeted every customer with a smile and an So when it seemed he too much effort for offer to help them solve whatever problems Mr. HOYER. Mr. Speaker, today I rise to me to write another brief, or struggle to submit for the RECORD the compelling state- learn the arcane vocabulary of the law or they were facing. Through the years, she has drag myself to one more early class, I would developed friendships with people from every ment of Linda Howard Garrett who gave the remember those immigrants who, after walk of life and no one left her office without valedictory address at the Ann Arundel Com- working backbreaking 12-, 14-, 16-hour days, munity College Commencement Ceremony on went willingly, joyfully to class because they feeling like she had done everything possible May 26, 2005. to serve their needs. understood that every step toward that Linda is a wonderful and inspiring example classroom brought them one step closer to I join the residents of Acadia Parish, along of someone who has the will and persever- realizing the American Dream. And when I with the people of the 7th District, in thanking ance to make a brighter future for themselves remembered them, I could not dishonor their Delores Handy for her contribution to making memory by turning in shoddy work or failing and their family. Her determination and per- to fully embrace the opportunity their leg- Southwest Louisiana a great place to live. She sistence to go back to school later in life acy provided because from those humble be- is a fine example of what is right in our gov- shows that it is never too late to pursue the ginnings an entire system of adult education ernment and will be missed. ‘‘American Dream’’ and succeed! evolved. Single scattered classes became

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0626 Sfmt 8472 E:\CR\FM\A09JN8.058 E09PT1 June 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1197 night school and then City College and jun- PAYING TRIBUTE TO REV. DR. RECOGNIZING JOHN NEARY UPON ior college and finally the community col- NELSON ‘‘FUZZY’’ THOMPSON HIS RETIREMENT lege, as we know it today. And although at one time the classes at one of these local colleges was considered HON. EMANUEL CLEAVER HON. GEORGE MILLER less prestigious than at the four year col- OF MISSOURI OF CALIFORNIA leges, that is no longer true today. In re- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES sponse to a growing need, as community col- Thursday, June 9, 2005 leges’ facilities and curricula expanded, so Thursday, June 9, 2005 did their reputations. Today, while commu- Mr. GEORGE MILLER of California. Mr. nity colleges continue to serve those who, Mr. CLEAVER. Mr. Speaker, I rise today to Speaker, I would like to take this opportunity because of families and jobs, need to stay pay tribute to Reverend Doctor Nelson to recognize the tremendous career of Mr. close to home, they also serve those who rec- ‘‘Fuzzy’’ Thompson, a minister, humanitarian John Neary, an educator and friend who will ognize that many community colleges pro- and a political activist whose legacy continues be formally honored on June 10, 2005, at his vide specialized programs that rival those to enrich the lives of all Kansas Citians. After retirement celebration in Concord, California. available at four-year universities. 14 years of service, on June 5, 2005, Rev. Mr. Neary has over thirty-three years experi- I hope that everyone of you as you go for- Thompson retired from his pastoral helm at ward will also look back and remember that Mason Memorial United Methodist Church, ence as an educator for California’s youth, in- you are carrying the torch for all those edu- cluding twenty-six years with the Mt. Diablo which is the cause of recognition and celebra- Unified School District. His remarkable com- cators and students whose commitment and tion of the dedication that he exudes in all as- vision made today’s community college a re- mitment to the educational system began in pects of service to the Kansas City commu- 1972 as a classroom teacher and athletic ality. And I hope you will tell all of your nity. friends and families and neighbors that the coach. Since then he has served as teacher, first step toward realizing the American Rev. Thompson’s reputation as a commu- coach, athletic director, vice principal and prin- dream begins with an education, and that a nity leader extends beyond the local or na- cipal. In all of these roles he delivered high- first-class, top-notch education is accessible tional level, but is inclusive of the international quality education and maintained a strong in their backyards, right here at Ann Arun- community. He was one of 22 U.S. ministers commitment to his students. Mr. Neary works del Community College. I hope that you will that traveled to South Africa on a fact finding with incredible heart and has consistently never take for granted the history of free- educational exchange, at the request of placed ‘‘the student first’’ in all his endeavors. dom and opportunity that mad it possible for Bishop Desmond Tutu, Nelson Mandela, and you to take that step. And I hope, as you go He routinely showcased his commitment by at- the South African Council of Churches. tending every school event from drama to forward, that you will never miss the oppor- ‘‘Fuzzy,’’ as he is affectionately known, was tunity to say, with great pride, as I say to- water polo. night, I am a graduate of Ann Arundel Com- one of three U.S. ministers to conduct Easter For the past seven years Mr. Neary has munity College.’’ services for U.S. hostages held in Tehran, Iran served as principal of Clayton Valley High in 1980. He was also one of 17 U.S. ministers f School. The students and faculty have been and activists who served as official observers fortunate to have him at the helm and will TRIBUTE TO MONUMENTAL BAP- for the first election ever held in South Africa surely miss his presence. Mr. Neary has in- TIST CHURCH—105TH ANNIVER- that allowed the right to vote to all races. He vested all that he has to give and is well loved SARY said it was a humbling experience seeing peo- and appreciated as a result of his dedication. ple lining up the night before and standing in I congratulate Mr. Neary for his hard work line for blocks in order to exercise their right and dedication to the students, faculty and HON. DONALD M. PAYNE to vote for the first time. community. I am pleased to join with Mt. Dia- OF NEW JERSEY Since 1984, Rev. Thompson has been a blo Unified School District and Clayton Valley IN THE HOUSE OF REPRESENTATIVES delegate to the Democratic National Conven- High School in recognizing his outstanding tion. He served as Regional Coordinator of Thursday, June 9, 2005 commitment toward education and send my Rev. Jesse Jackson’s 1984 Presidential cam- best wishes for a happy and healthy retire- Mr. PAYNE. Mr. Speaker, I ask colleagues paign and as the Missouri State Coordinator of ment. here in the House of Representatives to join the Jackson Campaign in 1988. ‘‘Fuzzy’’ is f me as I rise to acknowledge the Monumental currently President of the Kansas City Chapter Baptist Church of Jersey City, New Jersey as of the Southern Christian Leadership Con- NATIONAL HUNGER AWARENESS it celebrates its 105th anniversary. Established ference. DAY in 1900, Monumental was incorporated in He has served on the boards of Freedom 1904 and has been serving the needs of its Incorporated as Chairman of the Nominating congregation and the community continuously. Committee, Black Adoption Program and HON. JAMES P. MORAN Throughout the illustrious history of Monu- Services, Human Rights Commission of Kan- OF VIRGINIA mental Baptist Church, effective leadership sas City, Missouri, and Northwest Political IN THE HOUSE OF REPRESENTATIVES Faction. He has been involved in helping to has been at the core of all the accomplish- Thursday, June 9, 2005 ments the church has had. Beginning with solve the problems of young adults, especially Pastor William Edwards and continuing with in the areas of education and unemployment. Mr. MORAN of Virginia. Mr. Speaker, I rise Pastors Garlick, Smith, Fitzgerald, Webb, Ash- He held the position of Executive Director of today to commemorate National Hunger ley and the current pastor, Reverend Joseph the Martin Luther King Urban Center for 30 Awareness Day and to honor the Arlington years. L. Jones, Sr., Monumental has made many Food Assistance Center, which is located in enhancements over the years. In addition to Rev. Thompson graduated from Lincoln Uni- my congressional district. its leadership, the success of all of versity in Jefferson City, Missouri with a Bach- elor of Science in Education, and received a National Hunger Awareness Day was estab- Monumental’s initiatives can be attributed to Master of Divinity and Doctor of Ministry at St. lished to help inform individuals, communities, the faith, hope, commitment and prayers of Paul School of Theology. He has been mar- corporations and policy makers that hunger is the loving membership that fill the pews of this ried 39 years to Cheryl (Love) Thompson. His a severe domestic issue and deserves our landmark facility. In fact, Monumental Baptist mother, Marvia Thompson, was a founding critical attention. Church is blessed to have 55 members who member of the St. James United Methodist The Arlington Food Assistance Center’s sole have fifty or more years of continuous mem- which I pastor. In 2003, we joined Rev. mission is to feed the hungry. This important bership. Clearly, that statistic is representative Thompson to celebrate and mourn her death of the marvelous activities taking place at the action allows their clients to make other nec- and life. He baptized my youngest son, Evan, essary purchases, such as paying for rent and church. and he has been a friend and a confidant to Recently, Monumental Baptist Church was me for more than 30 years. utilities, without having to sacrifice their health officially approved as a 501(c)(3) religious or- Mr. Speaker, please join me in expressing and nutritional needs. ganization. The church’s finances have im- our heartfelt gratitude to the Rev. Nelson Despite the fact that Arlington County is one proved over the years enabling the on-going ‘‘Fuzzy’’ Thompson for his relentless efforts in of the wealthiest areas in the country, plenty renovations and upgrades to church owned extending service not only within the areas of local residents do not have enough to eat. properties. surrounding Kansas City, Missouri and the The Arlington Food Assistance Center, AFAC, Mr. Speaker, I know my colleagues agree United States, but for his contributions to the seeks to remedy this problem by distributing that Monumental Baptist Church and the sur- global community. I urge my colleagues to bread, vegetables, meat, milk, eggs and other rounding community have every right to be please join me in congratulating ‘‘Fuzzy’’ on food items to those in Arlington who are in his retirement as Pastor of Mason Memorial pleased with the lasting contributions that the United Methodist Church, for we know that he need. The Arlington Food Assistance Center church has made to the residents of Jersey has not retired from the ministry nor from the currently distributes approximately 1100 bags City. I am pleased to congratulate Monumental community, because God’s work is never of groceries each week to over 900 clients, Baptist Church on its 105th anniversary. done. nearly half of whom are children. Each week,

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.063 E09PT1 E1198 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2005 families with one to three members receive wellness resources. This center is critical, Rabbi Goldstein continues to foster dialogue one bag of food and families of four members since more than 15 percent of citizens in the between Catholics and Jews at the Center for or more receive two bags of food—amounts area do not have transportation, 56 percent the Study of Jewish/Christian Relations at that are expected to supplement a week’s live below 200 percent of the poverty level, Merrimack College. meals. and the community is not served by public On June 17, 2005 Rabbi Goldstein’s con- AFAC obtains surplus food at a minimal transit. gregation, friends, neighbors and loved ones cost from the Capital Area Community Food I am extremely pleaded to announce the will recognize him for the wisdom and com- Bank and at no cost from local bakeries, su- completion of the Choppee Regional Resource passion he has shown to all, and for dedi- permarkets, farmer’s markets, food drives and Center, a medical ‘‘One Stop Shop,’’ providing cating his life to sharing the virtues of the Jew- private donors. the first step towards an integrated, holistic ish faith and heritage. I would like to commend the staff and volun- healthcare delivery system for some of South The people of the Merrimack Valley, of all teers of the Arlington Food Assistance Center Carolina’s most underserved residents. Resi- faiths, are truly blessed to have Rabbi Gold- who work hard to provide needy families in Ar- dents now have access to medical care, drug stein as a friend, neighbor, counselor and spir- lington with groceries each week. and alcohol counseling, mental health serv- itual leader. f ices, children’s and seniors’ services, and f adult education opportunities. INTRODUCTION OF RESOLUTION This center is important to me because it CELEBRATING THE GRAND OPEN- COMMENDING W. MARK FELT brings together key players from across the ING OF MID-MISSOURI ENERGY state to make a difference in the individual HON. JOHN CONYERS, JR. lives of those who too often are not reached HON. IKE SKELTON OF MICHIGAN by broader ,efforts. It is theseup.derserved OF MISSOURI IN THE HOUSE OF REPRESENTATIVES people who each of us is sent here to help in IN THE HOUSE OF REPRESENTATIVES Thursday, June 9, 2005 any and every way we can. Thursday, June 9, 2005 Georgetown County continues to develop Mr. CONYERS. Mr. Speaker, today I rise to the Choppee facilities and is now imple- Mr. SKELTON. Mr. Speaker, let me take introduce a Resolution commending W. Mark menting a second phase of the project: the this opportunity to announce the grand open- Felt for his extraordinary service to the country creation of a Family Wellness Center. To- ing of Mid-Missouri Energy, Inc. Many Missou- in exposing the ‘‘Watergate’’ scandal. Good gether, these resources will provide com- rians have worked hard to create this farmer- faith whistle blowers like Mr. Felt represent prehensive healthcare, vocational, and support owned ethanol production facility in Malta high ideals of public service and the American services to benefit the county’s rural residents. Bend, Missouri. Ground was broken on the fa- tradition of challenging abuses of power. They Mr. Speaker, please join me as I commend cility on October 4, 2003, and the facility was also provide the diversity of views and infor- the Georgetown County Council, the Adminis- opened for business on June 3, 2005. mation necessary for the checks and balances trator, School District, an4 all those individuals From the time I was young, I was taught in a democracy. and groups who have been so personally in- that a farmer’s livelihood depends on two As the world now knows, Mr. Felt, the then volved in making this center a reality. Without things: the weather and the markets. With the Deputy Director of the FBI, disclosed that he your help, the citizens of Choppee would still opening of Mid-Missouri Energy, farmers will was the confidential source known as ‘‘Deep be forced to travel great distances, at great have an additional market for their corn and Throat,’’ that assisted Bob Woodward and Carl expense and effort for the day-to-day services will be able to get more bang for their agricul- Bernstein in their investigation of the Water- they need to live healthy, productive lives. tural buck. Missouri farmers, especially those gate scandal, which eventually led the House f who make the Fourth District home, will now to the verge of impeachment and the ultimate have a facility that allows them to capitalize on resignation of President Nixon. TRIBUTE TO RABBI ROBERT S. the growing renewable fuel opportunities Quite frequently, it is courageous whistle GOLDSTEIN across the nation. Ethanol production is not blowers such as Mr. Felt who are responsible only beneficial to the farmers of America, but for disclosing corruption in our government. HON. MARTIN T. MEEHAN to the American public at large. Ethanol is a We have no doubt that absent Mr. Felt’s in- OF MASSACHUSETTS renewable energy resource that, when utilized volvement, we would never have learned IN THE HOUSE OF REPRESENTATIVES most effectively, will reduce America’s de- about the illegalities and obstruction of justice pendency on imported oil and decrease pollu- Thursday, June 9, 2005 at the highest levels of our government, up to tion. and including President Nixon. Mr. MEEHAN. Mr. Speaker, I rise today to The ethanol production facility in Malto Bend This Resolution recognizes that Mr. Felt was honor Rabbi Robert S. Goldstein. Rabbi Gold- will also benefit the rural economy. Farmers not only a courageous public servant, willing stein is a community leader, spiritual advisor, will not only have an additional market for their to risk his career to expose wrongdoing, but a and dear friend. For 15 years, Rabbi Goldstein corn, but Mid-Missouri Energy will employ model agent and administrator as well. I there- has led the congregation at Temple Emanuel rural citizens and will have a far reaching, fore believe it is altogether fitting and proper in Andover, Massachusetts. positive impact on the local economy. Mid- that Mr. Felt’s service be commemorated and Rabbi Robert Goldstein was born in Spring- Missouri Energy’s founding fathers, especially honored by the Congress. field, Massachusetts in 1953. He was raised in Ryland Utlaut and Don Arth, deserve credit for f a large ad compassionate family. His mother making Mid-Missouri Energy a reality. taught in an inner-city elementary school, and As Mid-Missouri Energy opens and begins TRIBUTE TO GEORGETOWN volunteers her free time at Jewish charities to produce ethanol, I know that Members of COUNTY and other groups serving the community. His Congress will join me in honoring their out- late father was deeply involved in the Jewish standing work. HON. JAMES E. CLYBURN Nursing Home of Western Massachusetts. f OF SOUTH CAROLINA Since coming to Temple Emanuel in 1990, TRIBUTE TO GEORGIA JONES IN THE HOUSE OF REPRESENTATIVES Rabbi Goldstein has grown his congregation, and endeavored to make Judaism more ac- AYERS: COMMUNITY LEADER, Thursday, June 9, 2005 cessible to all who come to it with an open ear CIVIL RIGHTS CHAMPION AND Mr. CLYBURN. Mr. Speaker, I rise today to and an open mind. He has led his flock to ex- ROLE MODEL recognize and commend Georgetown County, plore the meaning of the Jewish faith to find South Carolina, and its efforts to make purpose and spiritual enrichment. Under Rabbi HON. KENDRICK B. MEEK healthcare services accessible to its rural pop- Goldstein’s leadership, Temple Emanuel has OF FLORIDA ulation. expanded its membership to over 600 families IN THE HOUSE OF REPRESENTATIVES Several years ago, Georgetown County con- with more than 400 children in its religious ceived the idea of turning a former school- school. Thursday, June 9, 2005 house—purchased for just one dollar—into an In addition to his work at Temple Emanuel, Mr. MEEKof Florida. Mr. Speaker I rise in affordable and accessible healthcare facility Rabbi Goldstein serves on the Board of the tribute to Georgia Jones Ayers, a community for residents who previously had to travel Lawrence General Hospital, and he is a trust- servant and civil rights pioneer who for dec- more than a half-hour to reach needed ee of the Edgewood Retirement Community. ades has spent her days righting the wrongs

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A09JN8.067 E09PT1 June 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E1199 she sees in society. I have known her for school in an empty lot at Northwest 62nd On the election front, all is not well. The na- Street and 17th Avenue. One of the many tion’s electoral council is stricken by internal many years, and, I can speak from first-hand empty lots along Martin Luther King Boule- experience about the positive impact she has vard since the 1980 riots. strife and wrangling. A campaign to register up had on our community and on the lives of ‘‘I knew Arthur McDuffie,’’ she says. ‘‘He to 4.5 million eligible voters has signed up countless young people. She says what she sold insurance like I did for many years. He only 113,000 in a month and a half. The only was a sweet, gentle man.’’ thinks, she stands up for what she believes in, party with wide support among Haiti’s impov- On the Saturday in May 1980 when four erished majority is the Lavalas Party of former and she works hard to achieve her goals. She Metro policemen were acquitted of beating President Jean-Bertrand Aristide. Still angered is a person of intelligence, determination and McDuffie to death, Ayers went to the Metro by his removal, the party has so far refused to accomplishment. Justice Building with other black leaders to organize a peaceful protest. ‘‘We wanted an participate in the upcoming election. Some of Ms. Ayers’ experiences and deeds orderly meeting where people could vent All this presents a very troubling picture for were recently chronicled by South Florida’s their anger,’’ she recalls. Haiti. In the short-term the U.N. force must be preeminent political reporter, Michael Putney, The anger could not be contained. Injustice increased. In addition, all the stakeholders in- is a great motivator. It’s what keeps Ayers in an article that ran in the Miami Herald on going with vigor. volved must take a long and hard look at June 1, 2005. I want to share this article with She’s upset that Haitian immigrants fail whether the scheduled date for Haitian elec- my colleagues, so they can get a sense of this to recognize or respect what American tions is practical considering the current re- remarkable woman’s character. blacks went through here before they ar- ality. rived. She’s upset that black kids who strug- [From the Miami Herald, June 9, 2005] [From the Miami Herald, June 1, 2005] gle to learn standard English are expected to SENIOR U.S. OFFICIAL VISITS UNSETTLED COMMUNITY ACTIIVIST, INJUSTICE IS A GREAT learn Spanish. ‘‘I’m not prejudiced against Haitians or Cubans. I just want people to re- HAITI MOTIVATOR spect our heritage.’’ She says this caressing (By Jacqueline Charles and Joe Mozingo) (By Michael Putney) that abstract of title, which is smooth from touching but still carries a sharp sting. The U.S. State Department’s top man for Community activist Georgia Jones Ayers I generally reject the idea of reparations Latin America and the Caribbean arrived in carries more than memories of racism in for slavery. Many generations stand between Haiti on Wednesday to assess a surging wave Miami; she carries the proof. She keeps it in us and the direct victims, although the of violence and increasing demands for the her purse as a constant reminder. It’s a shame of slavery endures. But Ayers is still resignation of U.S.-backed Prime Minister yellowed, well-worn abstract of title to her very much alive, and she carries proof of the Gerard Latortue. grandmother’s home in ‘‘Railroad Chops racism that robbed her family. Twice, in Deputy Assistant Secretary of State Roger (sic), Colored Addition.’’ That’s the home fact. How do we repay her? I’m not sure, but Noriega met with the political head of the we can begin by simply saying thank you for U.N. peacekeeping mission and other top of- where Ayers, now 76, was born and raised. channeling so much anger into so many good ficials in Haiti at the start of his two-day And which her grandmother, Eliza Pierce, works. visit. lost to the city of Miami, in a racist land f Haiti’s violence has turned so worrisome grab and for $3.29 in unpaid taxes. The tax that even the so-called Council of Wisemen— sale is dated Aug. 29, 1924. THE CURRENT SITUATION IN a group of respected Haitians that picked ‘‘It’s because of this,’’ she says, bran- HAITI Latortue to head the interim government dishing the legal document like a dark talis- after the hasty departure of former Presi- man, ‘‘that I am who I am and do what I do.’’ dent Jean-Bertrand Aristide last year—has HON. CHARLES B. RANGEL lost confidence in him. For more than half a century, Ayers has OF NEW YORK ‘‘It’s a failure,’’ said Ariel Henry, a neuro- worked to right what she considers wrongs IN THE HOUSE OF REPRESENTATIVES surgeon and vice chairman of the seven- done to her community, and by her commu- Thursday, June 9, 2005 member council. ‘‘There is no governance.’’ nity. Currently, she runs Alternatives to In- He added that the council will soon issue an carceration out of the Metro Justice Build- Mr. RANGEL. Mr. Speaker, I rise to make ultimatum to Latortue: bring the country ing where first-time offenders are released to note of the distressing developments unfolding under control in 30 days or resign. her custody to complete programs that allow in Haiti. The situation in that country is becom- What leverage the council has is unclear. them to avoid having a permanent criminal ing increasingly unstable, with elections But Henry’s statement carries political record. scheduled to take place a few months from weight. Then there’s her Janet Reno New Chance now. The current state of Haiti does not bode During the weekend, a meeting of about 20 Alternative School, which takes disruptive well for a peaceful and legitimized election political parties sponsored by the U.N. mis- process. sion here came largely to the same conclu- sixth-to-eighth graders and instills discipline sion about Latortue, although three major and learning in them. ‘‘I don’t believe in bru- A June 9th article in the Miami Herald enti- parties say they would not go so far as to tality,’’ Ayers says, ‘‘but when I was in tled ‘‘Senior U.S. official visits unsettled Haiti’’ call for his resignation. school I’d get a spanking for arriving late. points out that the ongoing instability is caus- The Bush administration has pinned its These days you tell ’em you’re going to tan ing widespread discontentment with the in- hopes for stability on Latortue’s ability to their backside, and they say they’ll call HRS terim government led by Prime Minister Ge- pave the way for elections this fall. But (the predecessor to DCF). But that’s what rard Latortue. The lack of confidence is even many Haitians doubt the country is ready, some of ’em need.’’ being voiced by respected and influential given a paroxysm of recent violence in the capital. Make no mistake, Ayers is tough. And members of Haitian society, such as Ariel The 7,400-strong U.N. peacekeeping mission smart. And still angry after all these years Henry, a member of the U.N. sanctioned that began arriving in Haiti after Aristide about the injustice done to here grand- ‘‘Council of Wisemen’’ which nominated Latortue to head the interim government. fled during an armed revolt has not been able mother. to tamp down the kidnappings, carjackings She says that her grandfather, Charles Mr. Henry has gone so far as to call the and shootouts that have left hundreds dead Pierce, went in 1923 to pay the overdue prop- governmental performance of the country a in recent months and have kept a ruined erty taxes with $100 he had saved from his failure, and has warned that the Council of El- economy from recovering. job with Henry Flagler’s railroad. But he was ders may call for Latortue’s resignation if Wahington has stood by Latortue and fo- never seen again—probably murdered for the some semblance of stability is not achieved cused more on the need to strengthen the money. soon. U.N. peacekeeping force, which has been criticized as too passive. Secretary of State ‘‘My grandmother would have paid those It has been over a year since the forced re- Condoleezza Rice this week said the U.N. taxes if she’d been able to read,’’ Ayers told moval of President Jean-Bertrand Aristide, the me. ‘‘But she was illiterate and couldn’t read nation’s democratically elected leader. Without mission needed to increase its forces or con- the notices. So she lost her home for a few duct more aggressive operations. She ap- question, conditions in the country are worse peared to reject a growing push among the dollars.’’ It was on land in Allapattah be- since Aristide’s removal due to the widespread tween 46th and 50th streets and 12th and 14th Haitian political class for the return of the avenues that had been set aside for black violence and human-rights violations per- U.S. Marines deployed here in the three railroad workers. But Ayers says whites petrated by the lawless elements which over- months after Aristide’s departure. She said eventually wanted the land and found ways threw the Aristide government. it was crucial that the Brazilian-led force in to seize it. First, through foreclosure be- Indeed, 700 people have died in less than Haiti succeed. cause of unpaid taxes. a year in Haiti. The violence is escalating to ‘‘It was a real breakthrough for this hemi- ‘‘And then on Aug 1, 1947 at 11 a.m. the po- such a level that the U.S. State Department’s sphere to have Brazil in the lead and then to lice came in and evicted 35 families, includ- top official for the Americas, Roger Noriega, have other Western Hemisphere states actu- ing mine, because they wanted the land for ally engaged in peacekeeping,’’ Rice said at an all-white school.’’ arranged a last-minute visit this week to as- a news conference Tuesday. ‘‘We are devoted That was Allapattah Elementary. Ayers sess the situation. Secretary of State Rice her- to making that mechanism work, and so we attended Liberty City Primary, the prede- self labeled the developments in Haiti ‘‘trou- are talking with the U.N. about what more cessor to what is now Charles R. Drew Ele- bling’’ on Monday, and called for close exam- needs to be done.’’ mentary. On the 25th anniversary of the ination of the strength of the country’s U.N. Chantal Regnault contributed from Port- McDuffie riots we stood across from the force. au-Prince.

VerDate jul 14 2003 08:07 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0626 Sfmt 8472 E:\CR\FM\A09JN8.072 E09PT1 E1200 CONGRESSIONAL RECORD — Extensions of Remarks June 9, 2005 STEM CELL RESEARCH ship in America. Recently, the President des- has taken a leading role in finding new and in- ENHANCEMENT ACT OF 2005 ignated June as National Homeownership novative ways to expand homeownership, par- Month as he has done for the past three ticularly among minorities. I want to commend HON. HOWARD P. ‘‘BUCK’’ McKEON years. To complement this designation, I have the hard work of Secretary Jackson and his OF CALIFORNIA introduced a resolution to recognize National team at HUD for their work in developing pro- Homeownership Month and the importance of IN THE HOUSE OF REPRESENTATIVES grams to increase affordable housing and en- homeownership in the United States. This res- courage homeownership. I urge my colleagues Thursday, June 9, 2005 olution expresses the sense of Congress that to recognize the importance of homeowner- Mr. MCKEON. Mr. Speaker, over the past the House of Representatives: ship in the United States and reinforce our couple of weeks, I have heard from all sides (1) fully supports the goals and ideals of Na- commitment to providing homeownership op- of this very impassioned debate regarding the tional Homeownership Month; and portunities for more Americans by cospon- issue of stem cell research. There are many (2) recognizes the importance of home- soring this important resolution. arguments on both sides which resonate with ownership in building strong communities and f compassionate people, and I have taken a families. great deal of time and reflection to reach my IMPORTANCE OF HOMEOWNERSHIP IN AMERICA TRIBUTE TO LUIS RODRIGUEZ current position in favor of stem cell research For generations, the goal of owning a home MAYORAL as provided under H.R. 810. has been the bedrock of our economy and a As a Member of Congress, I have been a fundamental part of the American Dream. HON. JOSE´ E. SERRANO very consistent supporter of the value of Over the last three years, as we have faced human life in all of its stages. I have had per- the challenges of war and economic uncer- OF NEW YORK sonal experiences with diseases that hold the tainty, the housing and refinance markets IN THE HOUSE OF REPRESENTATIVES greatest hope of being treated with the help of have helped to keep our economy moving. Thursday, June 9, 2005 research on stem cells including diabetes and Nationally, housing generates more than 22 Parkinson’s disease, and I believe that our re- percent of the Gross Domestic Product and Mr. SERRANO. Mr. Speaker, it gives me spect for human life should compel us to strive accounts for nearly 40 cents of every dollar great pleasure to rise today to pay tribute to to treat diseases which are currently untreat- spent. America’s housing markets are the baseball legend Luis Rodriguez Mayoral. For able. envy of the world. We enjoy the lowest inter- his outstanding service to the game of base- Mr. Speaker, I believe that it is important to est rates and the highest homeownership ball, the National Puerto Rican Day Parade closely consider what is in this bill and what is rates of any developed nation. In fact, the na- will honor Mr. Mayoral by having him serve as not in this bill. This bill would allow research- tional homeownership rate in the United the Puerto Rican Grand Marshall for the ers to apply for federal grant money to per- States has reached a record high of 69.1 per- world-famous parade June 12, 2005 in New form research on tissue which would other- cent and more than half of all minority families York City. wise be discarded as medical waste. I have are homeowners. Over 73.4 million Americans Mayoral has been involved in baseball for heard some of my colleagues say that they are now homeowners, with many more achiev- over thirty years as a scout, manager, jour- are against the creation of embryos for the ing this goal on a daily basis. nalist and author. Throughout his many years purpose of scientific research, and I agree. Homeownership is the single largest creator of service to the game, he has had a positive This bill would not allow research on any lines of wealth for Americans. It is the largest in- and important impact on the sport and many of stem cells unless they had been created for vestment most families will ever make and a of its players. reproductive purposes and if the people in- key to promoting long-term economic stability Mayoral’s resume is long and impressive. volved grant their consent. I do not believe for all Americans. For these reasons alone, we He served as a scout for the Pittsburgh Pi- that this bill would encourage the creation of must continue to promote strong housing and rates and the Chicago White Sox from 1972 to more embryos because the bill would not refinance markets in America. 1980 and as General Manager for the Arecibo allow funding to be used if the donating par- HOMEOWNERSHIP BUILDS STRONGER COMMUNITIES and San Juan Baseball clubs in Puerto Rico ties had received any compensation for the from 1983-1985. He has also served as direc- donation of tissue for research. Aside from helping millions of Americans achieve their dreams, homeownership also tor of Spanish broadcasting for the Texas It is important that we recognize that stem helps to build neighborhoods and strengthen Rangers and as Latin American Liaison for the cell research is a reality in our time, and what communities. Detroit Tigers. In addition to this experience, is uncertain are the parameters through which Mayoral has been an important baseball it will be pursued. I would prefer that this type Families who own homes have a vital stake in their communities, a stronger interest in the broadcaster and journalist. He has broadcast of research is done at home rather than over 2,000 baseball games for CBS, including abroad where it can be pursued with the over- safekeeping of their neighborhoods, and a sight of the United States Congress and deeper commitment to the quality of their All-Star and World Series games, and served where we can be certain of the moral restraint schools and libraries. Each home is a critical as chief baseball correspondent for Puerto of American values. piece in a successful neighborhood, allowing Rico’s EI Vocero newspaper for 18 years. He families to enjoy community events together also found the time to write five books about When the President issued his guidelines baseball including a well received biography of for acceptable research on stem cells in Au- and share in the lives of their neighbors and gust 2001, he acknowledged that federal fund- friends. Owning a home also provides children the late, great Roberto Clemente. ing could be appropriate, provided that it was with a place to learn, play, and grow, and As a result of his hard work and dedication, done so in a moral way. In his judgment, a gives homeowners a tangible stake in their cit- Mayoral has received numerous honors and moral way included research with the informed ies and towns. As millions of American fami- awards. He has been honored by the Puerto consent of the donors involving excess em- lies have demonstrated, increased home- Rican, Mexican and Laredo-Texas Halls of bryos created solely for reproductive pur- ownership helps to build better communities, Fame. He was also a guest of President poses; and that it was done without any finan- and better communities help to build a Better George W. Bush in the White House in 2001 cial inducements to the donors. America. and was named Puerto Rico’s Sports Com- I believe that H.R. 810 respects human life CONGRESS’S ROLE IN PROMOTING HOMEOWNERSHIP mentator of the Year. in the way that we should by allowing sci- As responsible legislators, we need to en- Mr. Speaker, as many of my colleagues al- entists to use human tissue which would oth- sure that government helps, rather than im- ready know, I have a deep love and respect erwise be discarded as medical waste, and I pedes, homeownership in America. When I for the game of baseball. It is my belief that urge my colleagues to support its passage. came to Congress, I made it my top priority to it is not just a game but an institution that has f highlight federal policies that have hindered helped to bridge the gap between generations the availability of housing in this country and of Americans. As a lover of the game, I have RECOGNIZING NATIONAL HOME- to find ways for government to positively im- a deep respect for all those who have had a OWNERSHIP MONTH AND THE IM- pact homeownership in America. While we hand in building and sustaining this uniquely PORTANCE OF HOMEOWNERSHIP have done much to help Americans become American institution. While the players get all IN THE UNITED STATES homeowners, we must do more. I firmly be- the attention, people like Luis Mayoral play a lieve that Congress must cultivate an environ- key role in making the game what it is by find- HON. GARY G. MILLER ment where more Americans can turn the ing the players, bringing the joys of the game OF CALIFORNIA dream of homeownership into reality. to the people, and expanding its accessibility. IN THE HOUSE OF REPRESENTATIVES I URGE MY COLLEAGUES TO SUPPORT HOMEOWNERSHIP Mayoral’s efforts have not only helped to bring MONTH new talent to the game but also new insight. Thursday, June 9, 2005 I am very pleased to see the President has For his many years of service to the game Mr. GARY G. MILLER of California. Mr. made it a priority to promote affordable hous- of baseball, I ask my colleagues to join me in Speaker, I rise today to celebrate homeowner- ing and homeownership. The Administration paying tribute to Mr. Luis Rodriguez Mayoral.

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HIGHLIGHTS Senate confirmed the nominations of William H. Pryor, Jr., of Alabama, to be United States Circuit Judge for the Eleventh Circuit, Richard A. Griffin, of Michigan, to be United States Circuit Judge for the Sixth Circuit, and David W. McKeague, of Michigan, to be United States Circuit Judge for the Sixth Circuit. Senate United States Circuit Judge for the District of Co- Chamber Action lumbia, with a vote on confirmation of the nomina- Routine Proceedings, pages S6243–S6345 tion to occur at 10 a.m., on Tuesday, June 14, 2005. Measures Introduced: Twenty bills and four reso- Pages S6292, S6341–42 lutions were introduced, as follows: S. 10, S. Energy Bill—Agreement: A unanimous-consent 1206–1224, S. Res. 165–167, and S. Con. Res. 41. agreement was reached providing for consideration of Pages S6298–99 H.R. 6, to ensure jobs for our future with secure, af- Measures Reported: fordable, and reliable energy, on Tuesday, June 14, Special Report entitled ‘‘Allocation to Subcommit- 2005, following the vote on the nomination of tees of Budget Totals’’. (S. Rept. No. 109–77) Thomas B. Griffith (listed above); provided further, H.R. 483, to designate a United States courthouse that the Chairman be recognized in order to offer in Brownsville, Texas, as the ‘‘Reynaldo G. Garza the Senate reported bill as a substitute amendment, and Filemon B. Vela United States Courthouse’’. the amendment be agreed to and considered as origi- S. 10, to enhance the energy security of the nal text for the purpose of further amendment. United States. Page S6292 S. 1140, to designate the State Route 1 Bridge in the State of Delaware as the ‘‘Senator William V. Anti-Lynching Resolution—Agreement: A unani- Roth, Jr. Bridge’’. Page S6298 mous-consent-time agreement was reached providing that at 6:30 p.m., on Monday, June 13, 2005, the Measures Passed: Committee on the Judiciary be discharged from fur- Printing Authority: Senate agreed to S. Res. 166, ther consideration of S. Res. 39, apologizing to the to authorize the printing of a collection of the rules victims of lynching and the descendants of those vic- of the Committees of the Senate. Pages S6341 tims for the failure of the Senate to enact anti-lynch- Recognizing Sun Safety: Senate agreed to S. Res. ing legislation; that there be 3 hours of debate 167, recognizing the importance of sun safety. equally divided, and that upon the use or yielding Page S6341 back of time, Senate proceed to a vote on adoption Recognizing Armed Forces’ Families: Senate of the resolution. Page S6292 agreed to H. Con. Res. 159, recognizing the sac- Rules—Agreement: A unanimous-consent agree- rifices being made by the families of members of the ment was reached providing that the Committee on Armed Forces and supporting the designation of a Rules and Administration be directed to prepare a week as National Military Families Week. revised edition of the Standing Rules of the Senate Page S6342 and they be printed as a Senate document. Nomination—Agreement: Pursuant to the order of Page S6341 May 24, 2005, at 2:30 p.m., on Monday, June 13, Nominations Confirmed: Senate confirmed the fol- 2005, Senate will proceed to the consideration of the lowing nominations: nomination of Thomas B. Griffith, of Utah, to be

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VerDate jul 14 2003 08:19 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN5.REC D09JN5 D584 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2005 By 53 yeas 45 nays (Vote No. EX. 133), William H. Pryor, Jr., of Alabama, to be United States Cir- Committee Meetings cuit Judge for the Eleventh Circuit. (Committees not listed did not meet) Pages S6245–84, S6345 By unanimous vote of 95 yeas (Vote No. EX. NOMINATIONS 134) Richard A. Griffin, of Michigan, to be United Committee on Agriculture, Nutrition, and Forestry: Com- States Circuit Judge for the Sixth Circuit. mittee concluded a hearing to examine the nomina- Pages S6284–91, S6345 tions of Walter Lukken, of Indiana, to be a Commis- By unanimous vote of 96 yeas (Vote No. EX. sioner of the Commodity Futures Trading Commis- 135) David W. McKeague, of Michigan, to be sion, and Reuben Jeffery III, of the District of Co- United States Circuit Judge for the Sixth Circuit. lumbia, to be a Commissioner and Chairman of the Pages S6284–92, S6345 Commodity Futures Trading Commission, after the nominees, who were both introduced by Senator Nominations Received: Senate received the fol- Lugar, testified and answered questions in their own lowing nominations: behalf. Henry Crumpton, of Virginia, to be Coordinator for Counterterrorism, with the rank and status of BUSINESS MEETING Ambassador at Large. Committee on Appropriations: Committee ordered favor- Ronald Spogli, of California, to be Ambassador to ably reported H.R. 2361, making appropriations for the Italian Republic. the Department of the Interior, environment, and re- Robert H. Tuttle, of California, to be Ambassador lated agencies for the fiscal year ending September to the United Kingdom of Great Britain and North- 30, 2006, with an amendment in the nature of a ern Ireland. substitute. Benjamin A. Powell, of Florida, to be General Also, completed its review of 302(b) sub- Counsel of the Office of the Director of National In- committee allocations of budget outlays and new budget authority allocated to the committee in H. telligence. Con. Res. 95, establishing the congressional budget Routine lists in the Air Force, Army, Marine for the United States Government for fiscal year Corps. Pages S6344–45 2006, revising appropriate budgetary levels for fiscal Messages From the House: Page S6297 year 2005, and setting forth appropriate budgetary levels for fiscal years 2007 through 2010. Measures Referred: Page S6297 BUSINESS MEETING Measures Placed on Calendar: Page S6297 Committee on Banking, Housing, and Urban Affairs: Executive Communications: Pages S6297–98 Committee ordered favorably reported the following Executive Reports of Committees: Page S6298 business items: Additional Cosponsors: Pages S7200–S6301 S. 582, to require the Secretary of the Treasury to mint coins in commemoration of the 50th anniver- Statements on Introduced Bills/Resolutions: sary of the desegregation of the Little Rock Central Pages S6301–40 High School in Little Rock, Arkansas, with an Additional Statements: Pages S6296–97 amendment in the nature of a substitute; and The nominations of Ben S. Bernanke, of New Jer- Authority for Committees to Meet: Pages S6340–41 sey, to be a Member of the Council of Economic Ad- Privilege of the Floor: Page S6341 visers, and Brian D. Montgomery, of Texas, to be Record Votes: Three record votes were taken today. Assistant Secretary of Housing and Urban Develop- (Total—135) Pages S6284, S6291, S6292 ment, and Federal Housing Commissioner. Adjournment: Senate convened at 9:30 a.m. and GENERAL AVIATION SECURITY adjourned at 6:27 p.m. until 2 p.m., on Monday, Committee on Commerce, Science, and Transportation: June 13, 2005. (For Senate’s program, see the re- Committee concluded a hearing to examine general marks of the Majority Leader in today’s Record on aviation (GA) security, the Transportation Security page S6342.) Administration’s proposed plan to reopen Ronald Reagan Washington National Airport to GA operations, and the security procedures followed during the recent air incursion that caused the emergency evacuation of the White House and the U.S. Capitol buildings, after receiving testimony from Michael A.

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Cirillo, Vice President, System Operations Services, Bullivant Houser Bailey, PC, both of Portland, Or- Air Traffic Organization, Federal Aviation Adminis- egon; and James S. Ray, Law Offices of James S. tration, Department of Transportation; Jonathan Ray, Alexandria, Virginia. Fleming, Chief Operating Officer, Transportation Se- BIOSHIELD curity Administration, Department of Homeland Se- curity; Ed Bolen, National Business Aviation Asso- Committee on Health, Education, Labor, and Pensions: ciation, Washington, D.C.; James K. Coyne, Na- Subcommittee on Bioterrorism and Public Health tional Air Transportation Association, Alexandria, Preparedness concluded a hearing to examine prom- Virginia; and Andrew V. Cebula, Aircraft Owners ising medical countermeasures to bioshield, focusing and Pilots Association, Frederick, Maryland. on the Project BioShield Act of 2004, and the Ad- ministration’s priority to have an appropriate arma- NOMINATIONS mentarium of medical countermeasures as a critical Committee on Foreign Relations: Committee concluded aspect of the response and recovery component of the a hearing to examine the nominations of Richard J. President’s strategy ‘‘Biodefense for the 21st Cen- Griffin, of Virginia, to be Director of the Office of tury’’, after receiving testimony from John Vitko, Foreign Missions, and to have the rank of Ambas- Jr., Director, Biological Countermeasures Portfolio, sador, and to be an Assistant Secretary of State for Science and Technology Directorate, Department of Diplomatic Security, and Henrietta Holsman Fore, of Homeland Security; William F. Raub, Deputy As- Nevada, to be Under Secretary of State for Manage- sistant Secretary for Public Health Emergency Pre- ment, who was introduced by Senator Hutchison, paredness, and Carol Heilman, Director, Infectious after the nominees testified and answered questions Diseases, National Institute of Allergy and Infectious in their own behalf. Diseases, National Institutes of Health, both of the CROSS-BORDER TRAVEL Department of Health and Human Services; Colonel Joseph Palma, Medical Director, Office of the Dep- Committee on Foreign Relations: Subcommittee on uty Assistant to the Secretary of Defense, Chemical Western Hemisphere, Peace Corps and Narcotics Af- and Biological Defense, Department of Defense; Alan fairs concluded a hearing to examine the Western P. Timmins, AVI BioPharma, Inc., Portland, Or- Hemisphere Travel Initiative (WHTI), focusing on egon; Richard Frothingham, Duke University Med- plans to augment United States border security and ical Center and Veterans Affairs Medical Center, facilitate international travel by establishing new Durham, North Carolina; David P. Wright, documentary standards, and regarding safety and PharmAthene, Inc., Annapolis, Maryland; Scott convenience in cross-border travel, after receiving Magids, University of Maryland Technology Ad- testimony from Frank E. Moss, Deputy Assistant vancement Program, College Park; and Philip K. Secretary of State for Consular Affairs; Elaine Russell, Potomac, Maryland. Dezenski, Acting Assistant Secretary of Homeland Security for Policy and Planning, Border and Trans- BUSINESS MEETING portation Directorate; Paul M. Ruden, American So- Committee on the Judiciary: Committee ordered favor- ciety of Travel Agents, Inc., Alexandria, Virginia; ably reported S. 1181, to ensure an open and delib- and Robert A. Pastor, American University Center erate process in Congress by providing that any fu- for North American Studies, Washington, D.C. ture legislation to establish a new exemption to sec- PENSION PLAN FRAUD tion 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act) be Committee on Health, Education, Labor, and Pensions: stated explicitly within the text of the bill. Committee concluded a hearing to examine protecting America’s pensions plans from fraud, focus- VETERANS’ HEALTHCARE ing on the Department of Labor’s Employee Benefits Committee on Veterans’ Affairs: Committee concluded a Security Administration’s enforcement strategy, ef- hearing to examine S. 1182, to amend title 38, forts to address weakness in its enforcement program United States Code, to improve health care for vet- along with the challenges that remain, after receiv- erans, S. 481, to amend title 38, United States Code, ing testimony from Alan D. Lebowitz, Deputy As- to extend the period of eligibility for health care for sistant Secretary of Labor for the Employee Benefit combat service in the Persian Gulf War or future Security Administration; Barbara D. Bovbjerg, Di- hostilities from two years to five years after discharge rector, Education, Workforce, and Income Security or release, S. 716, to amend title 38, United States Issues, Government Accountability Office; John En- Code, to enhance services provided by vet centers, to dicott, Local Union 290 Plumbers, Steamfitters and clarify and improve the provision of bereavement Marine Fitters, Tualatin, Oregon; Barclay Grayson, counseling by the Department of Veterans Affairs, S. BDC Advisors, LLC, and Stephen F. English, 1176, to improve the provision of health care and

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services to veterans in Hawaii, S. 1177, to improve S. 1190, to provide sufficient blind rehabilitation mental health services at all facilities of the Depart- outpatient specialists at medical centers of the De- ment of Veterans Affairs, S. 614, to amend title 38, partment of Veterans Affairs, and S. 1191, to estab- United States Code, to permit Medicare-eligible vet- lish a grant program to provide innovative transpor- erans to receive an out-patient medication benefit, to tation options to veterans in remote rural areas, after provide that certain veterans who receive such ben- receiving testimony from R. James Nicholson, Sec- efit are not otherwise eligible for medical care and retary of Veterans Affairs; Donald Mooney, The services from the Department of Veterans Affairs, S. American Legion, Dennis M. Cullinan, Veterans of 1180, to amend title 38, United States Code, to re- Foreign Wars of the United States, Adrian Atizado, authorize various programs servicing the needs of Disabled American Veterans, and Carl Blake, Para- homeless veterans for fiscal years 2007 through lyzed Veterans of America, all of Washington, D.C.; 2011, S. 1189, to require the Secretary of Veterans and Richard Jones, AMVETS, Lanham, Maryland. Affairs to publish a strategic plan for long-term care, h House of Representatives Privileged Resolution: The House agreed to table Chamber Action H. Res. 310, relating to a question of the privileges Measures Introduced: 34 public bills, H.R. of the House, by a recorded vote of 219 ayes to 199 2828–2861; and 5 resolutions, H.J. Res. 53; H. noes, Roll No. 240. Pages H4318–19 Con. Res. 176; and H. Res. 310–312, were intro- Late Reports: Agreed that the Committee on Ap- duced. Pages H4354–56 propriations have until midnight on June 10 to file Additional Cosponsors: Page H4356 a report on a bill making appropriations for the De- Reports Filed: Reports were filed today as follows: partment of Defense for FY 2006, and a report on H.R. 184, to amend the Controlled Substances a bill making appropriations for Science and the De- Import and Export Act to provide authority to the partments of State, Justice, and Commerce, and Re- Attorney General to authorize any controlled sub- lated Agencies for FY 2006. Pages H4319–20 stance that is in schedule I or II or is a narcotic drug Meeting Hour: Agreed that when the House ad- in schedule III or IV to be exported from the United journs today, it adjourn to meet at 12:30 on Mon- States to a country for subsequent export from that day, June 13 for Morning Hour debate. Page H4321 country to another country, if certain conditions are met, amended (H. Rept. 109–115, Pt. 1); Calendar Wednesday: Agreed to dispense with the H.R. 869, to amend the Controlled Substances Calendar Wednesday business of Wednesday, June Act to lift the patient limitation on prescribing drug 15. Page H4321 addiction treatments by medical practitioners in Expressing the importance of reopening of the group practices (H. Rept. 109–116, Pt. 1); and Beartooth All-American Highway: The House H.R. 517, to reauthorize the Secure Rural Schools agreed to H. Res. 309, expressing the importance of and Community Self-Determination Act of 2000 (H. immediately reopening the famous Beartooth All- Rept. 109–117, Pt. 1). Page H4354 American Highway from Red Lodge, Montana, to Withdrawing approval of the U.S. from the Yellowstone National Park in Wyoming. Agreement establishing the WTO: The House Pages H4321–22 failed to pass H.J. Res. 27, withdrawing the ap- Quorum Calls—Votes: One yea-and-nay vote and proval of the United States from the Agreement es- one recorded vote developed during the proceedings tablishing the World Trade Organization, by a yea- of today and appear on pages H4318 and H4319. and-nay vote of 86 yeas to 338 nays, with one vot- There were no quorum calls. ing ‘‘present’’, Roll No. 239. Pages H4302–18 Adjournment: The House met at 10 a.m. and ad- H. Res. 304, the rule providing for consideration journed at 6 p.m. of the measure was agreed to yesterday, June 8.

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man, National Credit Union Administration; and public Committee Meetings witnesses. DEPARTMENT OF LABOR, HHS, HOMELAND SECURITY DEPARTMENT EDUCATION, AND RELATED AGENCIES MISSIONS EFFECTIVENESS APPROPRIATIONS FISCAL YEAR 2006 Committee on Government Reform: Held a hearing enti- Committee on Appropriations: Subcommittee on the De- tled ‘‘Assessing the Department of Homeland Secu- partment of Labor, Health and Human Services, rity’s Mission Effectiveness: Is it Enough to Meet the Education, and Related Agencies approved for full Terrorist Threat?’’ Testimony was heard from Mi- Committee action the Department of Labor, Health chael Chertoff, Secretary of Homeland Security. and Human Services, Education, and Relations REGISTERED TRAVELER IMPLEMENTATION Agencies appropriations for Fiscal Year 2006. Committee on Homeland Security: Subcommittee on PBGC’s UNFUNDED PENSION LIABILITIES Economic Security, Infrastructure Protection, and Committee on the Budget: Held a hearing on PBGC’s Cybersecurity held a hearing entitled ‘‘The Promise Unfunded Pension Liabilities: Will Taxpayers Have of Registered Traveler.’’ Testimony was heard from To Pay The Bill? Testimony was heard from David Bridgette Goersch, Director of Security, Greater Or- M. Walker, Comptroller General, GAO; and Doug- lando Airport Authority, Orlando International Air- las J. Holtz-Eakin, Director, CBO. port, Florida; and public witnesses. HOUSE EMERGENCY PREPAREDNESS HIGH SCHOOL REFORM EFFORTS—NON- PROFIT ORGANIZATIONS ROLE Committee on House Administration: Held a hearing on the Emergency Preparedness of the House and the Committee on Education and the Workforce: Sub- Evacuation of May 11, 2005. Testimony was heard committee on Education Reform held a hearing enti- from the following officials of the House: Wilson tled ‘‘The Role of Non-Profit Organizations in State Livingood, Sergeant at Arms; and James M. Eagen and Local High School Reform Efforts.’’ Testimony III, Chief Administrative Officer; Chief Terrance was heard from public witnesses. Gainer, U.S. Capitol Police; and public witnesses. U.S.-CHINA TRADE FOREIGN RELATIONS AUTHORIZATION Committee on Energy and Commerce: Subcommittee on ACT; RESOLUTION—MASSACRE AT Commerce, Trade, and Consumer Protection held a SREBRENICA hearing entitled ‘‘Issues before the U.S.-China Joint Committee on International Relations: Ordered reported, as Commission on Commerce and Trade.’’ Testimony amended, H.R. 2601, Foreign Relations Authorization was heard from Jon W. Dudas, Under Secretary, In- Act, Fiscal Years 2006 and 2007. tellectual Property and Director, Patent and Trade- The Committee also approved a motion urging mark Office, Department of Commerce. the Chairman to request that the following measure be placed on the Suspension Calendar: H. Res. 199, PATIENT SAFETY AND QUALITY amended, Expressing the sense of the House of Rep- INITIATIVES resentatives regarding the massacre at Srebrenica in Committee on Energy and Commerce: Subcommittee on July 1995. Health held a hearing entitled ‘‘Patient Safety and PROLIFERATION SECURITY INITIATIVE Quality Initiatives.’’ Testimony was heard from Committee on International Relations: Subcommittee on Carolyn M. Clancy, M.D., Director, Agency for International Terrorism and Nonproliferation held a Healthcare Research and Quality, Department of hearing entitled ‘‘Proliferation Security Initiative: An Health and Human Services; and public witnesses. Early Assessment.’’ Testimony was heard from Ste- FINANCIAL SERVICES REGULATORY phen G. Rademaker, Assistant Secretary, Bureau of RELIEF Arms Control, Department of State. Committee on Financial Services: Subcommittee on Finan- PATENT ACT OF 2005 cial Institutions and Consumer Credit held a hearing entitled ‘‘Financial Services Regulatory Relief: The Regu- Committee on the Judiciary: Subcommittee on Courts, lators’ Views.’’ Testimony was heard from John M. Reich, the Internet, and Intellectual Property held a hearing Vice-Chairman, FDIC; Donald L. Kohn, member, Board on H.R. 2795, Patent Act of 2005. Testimony was of Governors, Federal Reserve System; the following offi- heard from public witnesses. cials of the Department of the Treasury: Julie L. Wil- CHILD PROTECTION MEASURES liams, Acting Comptroller, Office of the Comptroller of the Currency; and Richard M. Riccobono, Acting Direc- Committee on the Judiciary: Subcommittee on Crime, tor, Office of Thrift Supervision; JoAnn Johnson, Chair- Terrorism, and Homeland Security held a hearing on

VerDate jul 14 2003 08:19 Jun 10, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D09JN5.REC D09JN5 D588 CONGRESSIONAL RECORD — DAILY DIGEST June 9, 2005 the following: H.R. 764, To require the Attorney Amtrak: David L. Gunn, President; and Fred E. General to establish a Federal register of cases of Weiderhold, Jr., Inspector General; and public wit- child abuse or neglect; H.R. 95, Dru Sjodin Na- nesses. tional Sex Offender Public Database Act of 2005; H.R. 1355, Child Predator’s Act of 2005; H.R. VETERANS’ COMPENSATION COST-OF- 1505, Jessica Lunsford Act; H.R. 2423, Sex Offender LIVING ADJUSTMENT ACT OF 2005 Registration and Notification Act; H.R. 244, Save Committee on Veterans’ Affairs: Subcommittee on Dis- Our Children: Stop the Violent Predators Against ability Assistance and Memorial Affairs approved for Children DNA Act of 2005; H.R. 2796, DNA full Committee action H.R. 1220, Veterans’ Com- Fingerprinting Act of 2005, and H.R. 2797, Aime pensation Cost-of-Living Adjustment Act of 2005. Zyla Act of 2005. Testimony was heard from Rep- FEDERAL FOSTER CARE FINANCING resentatives Foley, Poe, Ginny Brown-Waite of Flor- ida, and Pomeroy. Committee on Ways and Means: Subcommittee on Human Resources held a hearing on Federal Foster OVERSIGHT—CHILD PROTECTION Care Financing. Testimony was heard from Wade F. Committee on the Judiciary: Subcommittee on Crime, Horn, Assistant Secretary, Children and Families, Terrorism, and Homeland Security held an oversight Department of Health and Human Services; Don hearing on ‘‘Protecting our Nation’s Children from Winstead, Deputy Secretary, Department of Children Sexual Predators and Violent Criminals: What Needs and Families, State of Florida; and public witnesses. to Be Done?’’ Testimony was heard from Tracy SOCIAL SECURITY—PROTECTING AND Henke, Acting Assistant Attorney General, Office of STRENGTHENING Justice Programs, Department of Justice; and public witnesses. Committee on Ways and Means: Subcommittee on So- cial Security continued hearings on Protecting and OVERSIGHT—U.S. OLYMPIC OPERATIONS Strengthening Social Security. Testimony was heard Committee on the Judiciary: Subcommittee on Immi- from Barbara D. Bovbjerg, Director, Education, gration, Border Security, and Claims held an over- Workforce, and Income Security, GAO; Frederick G. sight hearing on ‘‘The Olympic Family—Functional Streckewald, Assistant Deputy Commissioner, Dis- or Dysfunctional?’’ Testimony was heard from Jim ability and Income Security Programs, SSA; Nan Scherr, Chief Executive Officer, U.S. Olympic Com- Grogan Orrock, Representative, General Assembly, mittee; and public witnesses. State of Georgia; and public witnesses. MISCELLANEOUS MEASURES Hearings continue June 14. Committee on Resources: Subcommittee on National Parks held a hearing on the following bills: H. R. Joint Meetings 562, To authorize the Government of Ukraine to es- ECONOMIC OUTLOOK tablish a memorial on Federal land in the District Joint Economic Committee: Committee concluded hear- of Columbia to honor the victims of the manmade ings to examine the current economic outlook, after famine that occurred in Ukraine in 1932–1933; receiving testimony from Alan Greenspan, Chairman, H.R. 1096, To establish the Thomas Edison Na- Board of Governors of the Federal Reserve System. tional Park in the State of New Jersey as the successor to the Thomas Edison Historic Site; and H.R. IRAN CRISIS 1515, To adjust the boundary of the Barataria Pre- Commission on Security and Cooperation in Europe (Hel- serve Unit of the Jean Lafitte National Historic Park sinki Commission): Commission concluded a hearing and Preserve in the State of Louisiana. Testimony to examine the human rights situation in Iran and was heard from Representatives Levin, Garrett, the prospects for a U.S.-European response, after re- Payne and Pascrell; Joseph Lawler, Regional Direc- ceiving testimony from Goli Ameri, U.S. Public tor, National Capital Region, National Park Service, Delegate to the United Nations Human Rights Department of the Interior; and public witnesses. Commission; Jeff Gedmin, Aspen Institute Berlin, AMTRAK FOOD AND BEVERAGE Berlin, Germany; Tom Melia, Freedom House, OPERATIONS Washington, D.C.; Manda Zand Ervin, Alliance of Committee on Transportation and Infrastructure: Iranian Women; Karim Lahidji, International Fed- Sub- eration of Human Rights, France. committee on Railroads held an oversight hearing on Amtrak Food and Beverage Operations. Testimony TRANSPORTATION EQUITY ACT was heard from JayEtta Z. Hecker, Director, Physical Conferees met to resolve the differences between Infrastructure Issues, GAO; the following officials of the Senate and House passed versions of H.R. 3, to

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(Committee meetings are open unless otherwise indicated) Committee on Banking, Housing, and Urban Affairs: June Senate 14, Subcommittee on Securities and Investment, to hold No meetings/hearings scheduled. hearings to examine the role of financial markets in social security, 10 a.m., SD–538. House June 16, Full Committee, to hold hearings to examine Committee on the Judiciary, to continue oversight hear- meeting the housing and service needs of seniors, 10 ings on Reauthorization of the USA PATRIOT Act, 8:30 a.m., SD–538. a.m., 2141 Rayburn. Committee on the Budget: June 15, to hold hearings to examine current financial condition and potential risks re- f lating to solvency of the Pension Benefit Guaranty Cor- CONGRESSIONAL PROGRAM AHEAD poration, 10 a.m., SD–608. Committee on Commerce, Science, and Transportation: June Week of June 13 through June 18, 2005 15, Subcommittee on National Ocean Policy Study, to Senate Chamber hold hearings to examine coral reef ballast water, 9:30 a.m., SR–253. On Monday, at 2:30 p.m., Senate will begin con- June 16, Full Committee, to hold hearings to examine sideration of Thomas B. Griffith, of Utah, to be Federal legislative solutions to data breach and identity United States Circuit Judge for the District of Co- theft, 10 a.m., SR–253. lumbia Circuit. At 6:30 p.m., Senate will consider June 16, Full Committee, to hold hearings to examine S. Res. 39, apologizing to the victims of lynching the nominations of William Alan Jeffrey, of Virginia, to and the descendants of those victims for the failure be Director of the National Institute of Standards and of the Senate to enact anti-lynching legislation, with Technology, and Israel Hernandez, of Texas, to be Assist- 3 hours for debate, followed by a vote on adoption ant Secretary of Commerce and Director General of the of the resolution. United States and Foreign Commercial Service, both of On Tuesday, Senate will continue consideration of the Department of Commerce, Ashok G. Kaveeshwar, of the nomination of Thomas B. Griffith, of Utah, to Maryland, to be Administrator of the Research and Inno- be United States Circuit Judge for the District of vative Technology Administration, Department of Trans- Columbia Circuit, with a vote on confirmation of the portation, and Edmund S. Hawley, of California, to be nomination to occur at 10 a.m.; following which, Assistant Secretary of Homeland Security for Transpor- Senate will begin consideration of H.R. 6, to ensure tation Security Administration, 2:30 p.m., SR–253. Committee on Energy and Natural Resources: June 14, Sub- jobs for our future with secure, affordable, and reli- committee on National Parks, to hold hearings to exam- able energy. ine S. 206, to designate the Ice Age Floods National During the balance of the week, Senate will con- Geologic Trail, S. 556, to direct the Secretary of the Inte- sider any other cleared legislative and executive busi- rior and the Secretary of Agriculture to jointly conduct ness. a study of certain land adjacent to the Walnut Canyon Senate Committees National Monument in the State of Arizona, S. 588, to amend the National Trails System Act to direct the Sec- (Committee meetings are open unless otherwise indicated) retary of the Interior and the Secretary of Agriculture to Committee on Agriculture, Nutrition, and Forestry: June 14, jointly conduct a study on the feasibility of designating to hold hearings to examine the benefits and future devel- the Arizona Trail as a national scenic trail or a national opments in agriculture and food biotechnology, 2 p.m., historic trail, and S. 955, to direct the Secretary of the SR–328A. Interior to conduct a special resource study to determine Committee on Appropriations: June 14, Subcommittee on the suitability and feasibility of including in the National Homeland Security, business meeting to mark up H.R. Park System certain sites in Williamson County, Ten- 2360, making appropriations for the Department of nessee, relating to the Battle of Franklin, 10 a.m., Homeland Security for the fiscal year ending September SD–366. 30, 2006, 10 a.m., S–128, Capitol. Committee on Finance: June 15, to hold hearings to ex- June 14, Subcommittee on Energy and Water, and Re- amine strategies for strengthening Medicaid, 10 a.m., lated Agencies, business meeting to mark up H.R. 2419, making appropriations for energy and water development SD–628.

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Committee on Foreign Relations: June 14, to hold hearings Kramer, to be Associate Judge of the District of Colum- to examine six-party talks and matters related to the reso- bia Court of Appeals, 2:30 p.m., SD–562. lution of the North Korean nuclear crisis, 9:30 a.m., June 16, Permanent Subcommittee on Investigations, SD–419. to resume hearings to examine tax delinquency problems June 15, Full Committee, business meeting to consider with Federal contractors, 9:30 a.m., SD–562. the nominations of Zalmay Khalilzad, of Maryland, to be Committee on Indian Affairs: June 15, to hold an over- Ambassador to Iraq, Eduardo Aguirre, Jr., of Texas, to be sight hearing to examine youth suicide prevention, 9:30 Ambassador to Spain and Andorra, Julie Finley, of the a.m., SR–485. District of Columbia, to be U.S. Representative to the June 16, Full Committee, to hold an oversight hearing Organization for Security and Cooperation in Europe, to examine Indian education, 9:30 a.m., SR–485. with the rank of Ambassador, Craig Roberts Stapleton, of Committee on the Judiciary: June 14, Subcommittee on Connecticut, to be Ambassador to France, Robert Johann Intellectual Property, to hold hearings to examine injunc- Dieter, of Colorado, to be Ambassador to Belize, Dina tions and damages relating to patent law reform, 2:30 Habib Powell, of Texas, to be Assistant Secretary of State p.m., SD–226. for Educational and Cultural Affairs, Rodolphe M. Vallee, June 15, Full Committee, to hold hearings to examine of Vermont, to be Ambassador to the Slovak Republic, issues relating to detainees, 9:30 a.m., SD–226. Molly Hering Bordonaro, of Oregon, to be Ambassador Select Committee on Intelligence: June 14, closed business to the Republic of Malta, Ann Louise Wagner, of Mis- meeting to consider pending calendar business, 2:30 souri, to be Ambassador to Luxembourg, and promotion p.m., SH–219. lists in the foreign service, 2:15 p.m., S–116, Capitol. June 15, Full Committee, closed briefing regarding in- June 16, Full Committee, to hold hearings to examine telligence matters, 2:30 p.m., SH–219. stabilization and reconstruction regarding building peace June 16, Full Committee, to hold hearings to examine in a hostile environment, 9:30 a.m., SD–419. the nomination of Janice B. Gardner, of Virginia, to be Committee on Health, Education, Labor, and Pensions: June Assistant Secretary of the Treasury for Intelligence and 15, business meeting to consider the nomination of Lester Analysis, 3 p.m., SDG–50. M. Crawford, of Maryland, to be Commissioner of Food Special Committee on Aging: June 15, to hold hearings to and Drugs, Department of Health and Human Services, examine the impact of soaring energy costs on the elder- 9:50 a.m., SD–430. ly, 3 p.m., SH–216. Committee on Homeland Security and Governmental Affairs: June 14, Oversight of Government Management, the Fed- House Committees eral Workforce, and the District of Columbia, to hold Committee on Agriculture, June 16, Subcommittee on hearings to examine the Strategy Targeting Organized Pi- Specialty Crops and Foreign Agriculture Programs, hear- racy (STOP!) initiative, established to stop trade in pirating to Review Food Aid Programs, 10 a.m., 1300 Long- ed and counterfeit goods, focusing on activities under- worth. taken by STOP! to date, its effectiveness in coordinating Committee on Education and the Workforce, June 15, full federal government efforts to combat intellectual property Committee, hearing on H.R. 2830, Pension Protection theft at home and abroad, and the federal government’s Act of 2005, 10:30 a.m., 2175 Rayburn. ability to recruit, train and retain the workforce necessary June 16, Subcommittee on Select Education, to mark to implement STOP!, also the Administration’s long-term up the following bills: H.R. 509, International Studies in strategic plan for STOP! and ways the initiative assists Higher Education Act of 2005; and H.R. 510, Graduate small business protect its intellectual property rights, 10 Opportunities in Higher Education Act of 2005, 10:30 a.m., SD–562. a.m., 2175 Rayburn. June 14, Federal Financial Management, Government Committee on Government Reform, June 14, Subcommittee Information, and International Security, to hold hearings on Criminal Justice, Drug Policy and Human Resources, to examine accountability and results in Federal budg- hearing entitled ‘‘Threat Convergence Along the Border: eting, focusing on the specific metrics and tools used by How Does Drug Trafficking Impact Our Borders?’’ 2 the Office of Management and Budget to determine the p.m., 2203 Rayburn. effectiveness of Federal programs, the advantages and dis- June 14, Subcommittee on Federalism and the Census, advantages of using these metrics, and how information to consider H.R. 2385, to make permanent the authority provided by these metrics is being used to increase effec- of the Secretary of Commerce to conduct the quarterly fi- tiveness and accountability in Federal budgeting, 2 p.m., nancial report program; followed by a hearing entitled SD–562. ‘‘Revitalizing Communities: Are Faith-Based Organiza- June 15, Full Committee, to hold hearings to examine tions getting the Federal Help They Need?’’ 10 a.m., if the Federal government is doing enough to secure 2154 Rayburn. chemical facilities, 10 a.m., SD–562. June 14, Subcommittee on National Security, Emerg- June 15, Full Committee, to hold hearings to examine ing Threats and International Relations, hearing entitled the nominations of Linda M. Springer, of Pennsylvania, ‘‘Elusive Antidotes: Progress Developing CBRN Counter- to be Director of the Office of Personnel Management, measures,’’ 2 p.m., 2154 Rayburn. Laura A. Cordero, to be Associate Judge of the Superior June 14, Subcommittee on Regulatory Affairs, hearing Court of the District of Columbia, and A. Noel Anketell entitled ‘‘Reducing the Paperwork Burden on the Public:

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Are Agencies Doing All They Can?’’ 2 p.m., 2247 Ray- Committee on Science, June 14, Subcommittee on Space, burn. hearing on Live from Space: The International Space Sta- June 15, full Committee, hearing entitled ‘‘Eradicating tion, 2 p.m., 2318 Rayburn. Steroid Use, Part IV: Examining the Use of Steroids by June 16, Subcommittee on Energy, hearing on Nuclear Young Women to Enhance Athletic Performance and Fuel Reprocessing,10 a.m., 2318 Rayburn. Body Image,’’ 10 a.m., 2154 Rayburn. Committee on Small Business, June 14, hearing entitled June 15, Subcommittee on Criminal Justice, Drug Pol- ‘‘Are Skyrocketing Medical Liability Premiums Driving icy and Human Resources, hearing on Reauthorization of Doctors Away from Underserved Areas?’’ 10 a.m., 2360 the Office of National Drug Control Policy, 2 p.m., 2247 Rayburn. Rayburn. Committee on Transportation and Infrastructure, June 14, June 16, full Committee, to consider pending business, Subcommittee on Economic Development, Public Build- 10 a.m., 2154 Rayburn. ings and Emergency Management, oversight hearing and Committee on Homeland Security, June 14, Subcommittee markup of The Design, Alteration and Construction Por- on Intelligence, Information Sharing and Terrorism Risk tions of The General Services Administration’s Fiscal Year Assessment, executive, briefing on Chemical Plant Secu- 2006 Capital Investment and Leasing Program, 2 p.m., rity, 3 p.m., 2118 Rayburn. 2167 Rayburn. June 15, Subcommittee on Economic Security, Infra- June 14, Subcommittee on Water Resources and Envi- structure Protection, and Cybersecurity, hearing entitled ronment, to continue oversight hearings on Financing ‘‘Preventing Terrorist Attacks on America’s Chemical Water Infrastructure Projects, 10 a.m., 2167 Rayburn. Plants,’’ 2 p.m., 2118 Rayburn. June 15, Subcommittee on Coast Guard and Maritime Committee on International Relations, June 14, Sub- Transportation, oversight hearing on Coast Guard Law committee on Asia and the Pacific, hearing on the United Enforcement, 10 a.m., 2167 Rayburn. States and South Asia, 9:30 a.m., 2172 Rayburn. Committee on Veterans’ Affairs, June 16, Subcommittee Committee on the Judiciary, June 15, Subcommittee on on Disability Assistance and Memorial Affairs, hearing to Immigration, Border Security, and Claims, oversight consider the following: a measure to amend the hearing on The Diversity Visa Program, 4 p.m., 2141 Servicemembers’ Group Life Insurance (SGLI) program; a Rayburn. measure regarding the Traumatic Injury Protection provi- Committee on Resources, June 15, Subcommittee on For- sions of Public Law 109–13; and H.R. 1618, Wounded ests and Forest Health, oversight hearing on the Impacts Warrior Servicemembers Group Disability Insurance Act of Federal Land Ownership on Communities and Local of 2005, 1 p.m., 334 Cannon. Governments, 3:30 p.m., 1324 Longworth. Committee on Ways and Means, June 14, Subcommittee June 16, Subcommittee on Energy and Mineral Re- on Human Resources, hearing on the implementation of sources, oversight hearing entitled ‘‘Impacts of Environ- the State Unemployment Tax Act (SUTA) Prevention Act mental Regulations on Energy and Mineral Development: of 2004 (Public Law 108–295), 10 a.m., B–318 Rayburn. The Wildlands Project,’’ 10 a.m., 1334 Longworth. June 14, Subcommittee on Social Security, to continue Committee on Rules, June 13, to consider the following hearings on Protecting and Strengthening Social Security, appropriations for Fiscal Year 2006: Science, the Depart- 2 p.m., B–318 Rayburn. ments of State, Justice, and Commerce, and Related June 16, Subcommittee on Health, hearing on Post- Agencies; and Defense, 5 p.m., H–313 Capitol. Acute Care, 1 p.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, June 13 12:30 p.m., Monday, June 13

Senate Chamber House Chamber Program for Monday: Senate will consider the nomina- Program for Monday: To be announced. tion of Thomas B. Griffith, of Utah, to be United States Circuit Judge for the District of Columbia Circuit. At 6:30 p.m., Senate will consider S. Res. 39, apologizing to the victims of lynching and the descendants of those victims for the failure of the Senate to enact anti-lynching legislation, with a vote on adoption of the resolution to occur thereon.

Extensions of Remarks, as inserted in this issue

HOUSE Higgins, Brian, N.Y., E1190, E1195 Petri, Thomas E., Wisc., E1190 Hinojosa, Rube´n, Tex., E1191 Putnam, Adam H., Fla., E1189 Boustany, Charles W., Jr., La., E1196 Hooley, Darlene, Ore., E1183, E1187 Rangel, Charles B., N.Y., E1184, E1187, E1199 Brown-Waite, Ginny, Fla., E1182, E1185 Hoyer, Steny H., Md., E1196 Rush, Bobby L., Ill., E1182, E1186 Cantor, Eric, Va., E1195 Inslee, Jay, Wash., E1194 Serrano, Jose´ E., N.Y., E1200 Cleaver, Emanuel, Mo., E1197 Kucinich, Dennis J., Ohio, E1182, E1185, E1189 Sessions, Pete, Tex., E1189 Clyburn, James E., S.C., E1195, E1198 McKeon, Howard P. ‘‘Buck’’, E1200 Shimkus, John, Ill., E1192 Conyers, John, Jr., Mich., E1198 Marchant, Kenny, Tex., E1191 Skelton, Ike., Mo., E1198 Costello, Jerry F., Ill., E1194 Meehan, Martin T., Mass., E1198 Tanner, John S., Tenn., E1181 Davis, Danny K., Ill., E1183, E1187 Meek, Kendrick B., Fla., E1198 Towns, Edolphus, N.Y., E1181, E1184, E1188, E1190, DeLauro, Rosa L., Conn., E1181, E1185, E1188 Miller, Gary G., Calif., E1200 E1194 Diaz-Balart, Lincoln, Fla., E1195 Miller, George, Calif., E1193, E1197 Udall, Mark, Colo., E1191, E1191 Dingell, John D., Mich., E1192 Moore, Gwen, Wisc., E1192 Upton, Fred, Mich., E1182, E1185 Doyle, Michael F., Pa., E1196 Moran, James P., Va., E1197 Van Hollen, Chris, Md., E1190 Farr, Sam, Calif., E1181, E1184, E1188 Pallone, Frank, Jr., N.J., E1183, E1187 Wamp, Zach, Tenn., E1183, E1186 Green, Al, Tex., E1192 Payne, Donald M., J.J., E1197 Weiner, Anthony D., N.Y., E1189

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