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January 6, 2005 CONGRESSIONAL RECORD— 151 SENATE—Thursday, January 6, 2005

The Senate met at 9:30 a.m. and was committee membership resolutions. We there will be decisions made by indi- called to order by the Honorable LISA hope to have those resolutions consid- vidual Senators as to whether there is MURKOWSKI, a Senator from the State ered and adopted in a short while. The a vote. of Alaska. two resolutions will make majority Procedurally, as I understand the and minority committee appointments rule, if there is an objection filed, auto- for the 109th Congress, as well as offi- matically the pro- The Chaplain, Dr. Barry C. Black, of- cially appoint the chairmen and rank- ceedings are put in recess for 2 hours. fered the following prayer: ing members for each of those commit- During that 2 hours, Members in the Let us pray. tees. House and Senate are allowed to speak Eternal Lord , ruler of all nature, In addition to that , today at for up to 5 minutes each on the objec- thank You for the gift of life and for 1 p.m. we will have a joint meeting tion. Following that, the electoral col- the opportunity to invest in freedom. with the House to count electoral lege reconvenes. If, in fact, there is an As electoral college votes are counted votes. Members should begin gathering objection filed, I think everything today, increase our gratitude for this in the Senate Chamber at 12:40 this would be completed by around 4 o’clock great land. Infuse the , legislative, and afternoon so we may depart as a body today. judicial branches of with at 12:50. Mr. MCCONNELL. Madam President, strength to meet the challenges of our Senators have been asking about the I might say with regard to speaking re- time. Remind our leaders that humil- possibility of rollcall votes during to- quests, I only have one or two. They ity precedes honor and that service is day’s session. At this point we have to will be very brief. It is my hope we the litmus test of greatness. say, unfortunately, that rollcall votes might not take the entire 2 hours the Continue to bless those who seek to are still possible during today’s ses- Democratic leader has outlined, there- relieve the suffering of the tsunami sion. As always, we will alert Members by allowing us to get that job finished victims. Help them to remember that as the schedule becomes more earlier in the afternoon. they are doing Your work and reward clear. Once we have adopted our com- Mr. REID. Madam President, the dis- them from the bounty of Your love. We mittee resolutions and the electoral tinguished Senator is again absolutely pray in Your strong Name. Amen. vote count is completed, it is my inten- right. We have had a few requests on f tion the Senate will adjourn until Jan- our side. At last count, I had less than uary 20, Inauguration Day. five. That is 25 minutes, at most. But PLEDGE OF ALLEGIANCE I will have more to say on the sched- we cannot do anything until the House The Honorable LISA MURKOWSKI led ule today before the Senate closes. finishes. If they finish earlier, we the Pledge of Allegiance, as follows: f would finish earlier and be able to I pledge allegiance to the Flag of the move forward. of America, and to the Repub- RECOGNITION OF THE MINORITY We will see what the day brings us. lic for which it stands, one nation under God, LEADER But it should not be a long day, no indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- matter what happens. f pore. The minority leader is recog- Mr. MCCONNELL. I yield the floor. APPOINTMENT OF ACTING nized. f f PRESIDENT PRO TEMPORE RESERVATION OF LEADER TIME The PRESIDING OFFICER. The TODAY’S AGENDA The ACTING PRESIDENT pro tem- clerk will please read a communication Mr. REID. Madam President, we are pore. Under the previous order, the to the Senate from the President pro very close to working something out leadership time is reserved. tempore (Mr. STEVENS). on committee funding. We have an The legislative clerk read the fol- f agreement on the split. It is just a lowing letter: question of what we are splitting. I MORNING BUSINESS U.S. SENATE, have a meeting today with the ranking The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE, , DC, January 6, 2005. members. I spoke to virtually all of pore. Under the previous order, there To the Senate: them last night and we will be able to will be a period for the transaction of Under the provisions of rule I, paragraph 3, work something out here. It is impor- morning business, with Senators per- of the Standing Rules of the Senate, I hereby tant we do that. We have Members on mitted to speak for up to 10 minutes appoint the Honorable LISA MURKOWSKI, a our side, new Senators, we want to ap- each. Senator from the State of Alaska, to perform point to committees. The majority has The Senator from . the duties of the Chair. new Members they need to appoint to TED STEVENS, f President pro tempore. committees. There will be some new committee chairs, new ranking mem- TSUNAMI TAX CREDIT Ms. MURKOWSKI thereupon assumed bers. We want to expedite this. We hope Mr. BAUCUS. Madam President, I the chair as Acting President pro tem- to have it done, as I told the distin- rise to share a few remarks involving pore. guished Senator from Kentucky, by the overwhelming disaster that has hit f noon today. It is something we need to Southeast Asia. I hope the distin- RECOGNITION OF THE ACTING do. I am confident we can do that. guished deputy leader would heed my MAJORITY LEADER On our side if, in fact, there is an ob- remarks because I very much hope we The ACTING PRESIDENT pro tem- jection filed to any of the States that can get this legislation passed this pore. The majority whip is recognized. are going to report their electoral col- year—not only this year, but passed lege findings, we will not require a roll- today—which gives a charitable tax de- f call vote on our side, but that does not duction, cash deduction to Americans SCHEDULE mean there won’t be one. So whether on their tax returns for 2004 who give a Mr. MCCONNELL. Madam President, there is an objection filed, we will wait charitable contribution to the tsunami today we are in session to consider two and see at 1 o’clock today. After that, disaster. Clearly that has to be done

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

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 152 CONGRESSIONAL RECORD—SENATE January 6, 2005 immediately. Otherwise it will not IRS has told us it can very easily ac- Columbia; not a State, a district. That have any real effect. It affects tax- commodate and deal with the changes objection was rejected by the House payers who wish to give today but take that are necessary to allow Americans and the Senate in 1969. the deduction on their 2004 tax returns, to take those deductions on their 2004 There has never been in the history or 2005. This gives an opportunity to tax returns for the contributions they of the country an entire State of take the deduction on the 2004 returns. make now. electoral votes objected to or rejected It is almost impossible to talk about I very much hope the minor ques- by actions of both the House and the the tsunami disaster. Words do not tions people have about this legislation Senate. begin to describe the extent of the dis- are resolved very quickly because there If an objection is made today signed aster. We all feel it when we watch tel- is no reason not to pass this legisla- by at least one Member of the House evision and see the photographs in the tion. It will not create a huge prece- and one Member of the Senate, under newspapers. We hear reports from dential problem. It is not going to be the law, under the Constitution, the those who have been there; Secretary terribly costly. But it is the right Senate separates from the House and Powell, for example. It is so over- thing to do. It is the right thing for meets for 2 hours. Our debate is limited whelming. It is so large scale. One hun- Americans to do, to pass legislation to by law to 2 hours. We each can speak dred fifty thousand people perished. make it a little easier for Americans to up to 5 minutes and speak only once. Just imagine. contribute to the victims of the tsu- Then on the basis of that debate we are September 11 was a disaster almost nami disaster. supposed to vote—each of us—on beyond , and that was 3,000 I very much hope we can get it whether to accept that electoral slate deaths. We are talking now about passed. I am going to stay on the floor and the tally certified by the election 150,000 people who just had no defense. today as long as it takes to get it authorities of the respective States or Families were destroyed. In many passed. There is no conceivable reason reject it. cases there is very little hope because it should not pass. I am going to stay We are a partisan body. We are well intentioned. We are all honorable men so many relatives are gone. Roads are here until we do get it passed because and women, as are our colleagues in gone. Houses are gone. Up to 2 million it is the right thing to do. the House. But we are elected as Demo- people who are displaced are homeless. Madam President, I yield the floor crats or Republicans, and in one case It is staggering. Some suggest this and suggest the absence of a quorum. an Independent. For us on the basis of might be the worst disaster in modern The ACTING PRESIDENT pro tem- a 2-hour meeting and a 5-minute pres- history. It could well be. But whether pore. The clerk will call the roll. entation by each of us to vote on it is the worst or second worst is not The assistant legislative clerk pro- whether to accept or reject the will of the point. The point is, it is a huge per- ceeded to call the roll. the people of a particular State is an sonal disaster, personal tragedy for so Mr. DAYTON. Mr. President, I ask enormously dangerous precedent. In many people over such a large scale. unanimous consent that the order for my judgment, the standard and the bar I am encouraged and very thankful the quorum call be dispensed with. under which any objection must qual- so many people around the world have The PRESIDING OFFICER (Mr. ify for our consideration, much less for poured their hearts out to the victims. SUNUNU). Without objection, it is so or- our rejection, needs to be a very high Many have flown over to volunteer dered. one. That is what our Federal law envi- help. Many have sent contributions, f sions. It says: sometimes in-kind contributions, JOINT SESSION No electoral vote or votes from any State sometimes cash. Mr. DAYTON. Mr. President, I would which have been regularly given by electors Last night, I was watching a tele- whose appointment has been lawfully cer- vision program to raise money for the like to address a few subjects this tified from which but one return has been re- tsunami victims, and you could see it morning. ceived shall be rejected. happen over a 45-minute period. First First, regarding the joint session of In other words, if the procedure that it went to $1 million, and then it went the House and the Senate that will be was followed by the election authori- up to $6 million that had been pledged meeting this afternoon, I have received ties of the State is a proper one and if within that 45 minutes. That is wonder- a great number of calls and expressions it is certified as proper, if there is only ful. of interest and concern about that his- one tally received from a State—in I think a lot of Americans want to toric event—where the two bodies meet other words, if there are not two dif- give. Clearly, some Americans are in joint session to certify the tally of ferent representations of that State’s strapped, but they still want to give. It votes from the electoral college. electoral tally—then our function is to is the American spirit. It is who we are Our role is a very limited one under witness and acknowledge that that as Americans. both the Constitution and under Fed- function has been performed properly; I suggest, in cosponsoring a bill with eral law which was passed and has it is not to say whether that election the chairman of the Finance Com- stood since 1887. The role of the House was conducted properly. That review, if mittee, Senator GRASSLEY, that we and the Senate is not to adjudicate last it is warranted, is the proper role of pass legislation today which gives November’s . That the , which is supposed to be Americans the opportunity to take the should not be our role. Those who want nonpartisan, which is supposed to be full deduction that is currently avail- us to insert ourselves into that process objective, impartial, fair, and ulti- able for deductions in 2005—after all, are very well intentioned, but the role mately make the decision which, under this is January—that Americans can they envision for us is, in my judg- the respective States and Federal laws take that deduction today on their 2004 ment, inappropriate and potentially and the facts of all sides presented and tax returns. I think many Americans even dangerous. Our role today in this carefully considered over whatever would like to do that. It would be an joint session of the Senate and the necessary period of time and finally in additional incentive, an additional en- House is one of witnessing the tally of that very careful and sober delibera- couragement for Americans to con- the electoral college vote. If there is an tion, is determined to be the proper tribute to the tsunami disaster. objection, it is based on very limited judgment. It is very simple legislation but legis- circumstances. That is not our capability. That is lation that will be very helpful, and it In fact, only once in the entire his- not our role. Under the restrictions of must pass right away. Clearly, it will tory of this legislation since 1886, only 2 hours today, that would be a travesty not work if it is passed much later. It one time has there been a formal objec- of justice. It is a situation where it will cause a lot of administrative prob- tion made, and that was for one elec- would be reversed if JOHN KERRY had lems for the IRS. After all, April 15 is toral vote cast by one elector who did won this election. If a Republican-con- the deadline for 2004 tax returns. If we not vote in the way in which they trolled Senate and a Republican-con- could pass this legislation today, the pledged—in this case, the District of trolled House had objected based on the

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 153 information I have seen regarding the IRAQ alleged link between electoral conditions in Ohio or any Mr. DAYTON. Last week, Senator and al-Qaida which has never been other State in the election, if they had LIEBERMAN and I traveled to Iraq, to demonstrated to exist. Then it was op- been rejected and those electoral col- Baghdad. When I visited Iraq a year posing an evil , which Saddam lege votes had thrown the election into and a half ago, our Senate delegation Hussein certainly was, which was the where a in Baghdad and other cities, Basra and achieved in the first 3 weeks of mag- partisan majority voted on partisan Tikrit, boarded armed Humvees and nificent effort by our military. For the lines to elect the other as with military escort drove throughout last 21 months it has been protecting President of the United States, there those respective cities. Last week, we as much as possible the country and would be such a public outcry and loss were confined for security reasons to protecting the time necessary for the of confidence in the integrity of our the heavily fortified green zone, which Iraqi people to form a government, electoral process that I fear we would is the command post of the United which they are in the process of doing. not recover as a nation—at least not States military, our Government rep- Holding the election on January 30 as for a long time. I would say the same if resentatives, and the Iraqi government. scheduled is essential to doing that. the situation were reversed. The necessity for those restrictions Training and equipping the Iraqi This is not about partisanship. This was made apparent because one of the forces—police, military, national is about ensuring the integrity of the opposition political leaders with whom guard—to be able to do what the people legislative process. That is in its broad we were supposed to meet and where of any country have to do to have a sense the proper role and responsibility we envisioned traveling for 5 minutes functional country under any form of of Congress; that is, one where those outside of the green zone was the tar- government, which is to protect and who are objecting to the conduct of get of an assassination attempt the defend their own country, has been re- this last election have solid ground and previous day. He was not harmed, but a gretfully a very slow process. I asked where we properly should insert our- suicide bomber killed himself and nine the United States military command selves once again as we did after the other Iraqis outside the location where and our civilian leadership in Iraq as 2000 election when on a bipartisan basis the meeting was to occur, which under- well as the Iraqi Government authori- in this body and the House we passed scores the perilous nature of the envi- ties how far they thought we had pro- election reform legislation. ronment and the impossibility of pro- gressed from a starting point to 100 We provided funding for State and viding the necessary and complete se- percent Iraqi self-sufficiency regarding local to conduct these curity for our own forces who are per- their own self-security and the answer elections. And the intention was, I forming heroically and continue to risk was variously between 40 and 50 per- might add, under the Constitution they their lives, and in some cases give up cent. We have initiated and engaged in can do so more effectively and more ac- their lives, tragically, to protect the and this Congress has funded to the full curately. The principle is everyone Iraqi people from the insurgent forces extent requested by the administration should have the right to vote, and that which are brutal and sometimes le- the Iraqi security training programs vote should be counted accurately, for over a year, about 15 or 16 months. which is fundamental to our democ- thally effective in what they are in- It is obviously a difficult assignment, racy. If we fail at that, if we are not tending to do in that particular coun- given that the previous military struc- perfect in carrying that out, we are not try. Sunday, I had the occasion to meet ture of the country was removed by the carrying out our responsibility to pro- with a few hundred Minnesotans, fam- Provisional Authority, but that deci- tect the sanctity of this great democ- ily members of loved ones who are sion has been made and now that proc- racy. I take that responsibility very seri- presently serving in Iraq. They asked ess of retraining new forces has been ously. As a member of the Senate the same question over and over again: underway for 15, 16 months and we are Rules Committee, which has jurisdic- When are our husbands, wives, sons, fa- told it is not even half way there. The Iraqi people need to be respon- tion over that, I will ask the chairman, thers, mothers, coming home? Although I opposed the Iraq war reso- sible for their own country. They must Senator LOTT, to convene hearings into the 2000 election. We need to learn from lution in October of 2002 and continue be responsible for their own country. that experience. A lot of focus and at- to believe, unfortunately, we have on They must decide to stand up for them- tention has been directed on Ohio, as it an overall basis weakened our national selves. Many are doing so and even giv- appropriately should. It was a State security, not strengthened it by our ac- ing their lives to conduct this upcom- that ultimately in the final develop- tion, we are there, with 150,000 of our ing election and engaging in various se- ment of events on election night deter- Armed Forces committed. It is impera- curity actions. mined the outcome. There were prob- tive we succeed. It is also imperative But the brunt of that responsibility, ably other States which had some per- that we start to devise—we should have the burden, the fighting, the bleeding, haps even greater imperfections in already—a strategy to bring our troops the dying, is still being incurred by our their voting procedures. That should be home safely as soon as possible with own forces. We need to know when that used as the basis for further legislation the victory secure. The only way vic- is going to be able to stop. We need to as necessary to safeguard this process tory will be ultimately secured is by know how that transition and when so that, in fact and in perception, the the Iraqi people. that transition is going to occur. We American people know they had the When Senator LIEBERMAN and I met need to put the Iraqi people and our al- right to vote, the chance to vote, and with the Deputy Prime Minister of Iraq lies on notice that we are not going to their vote was counted, and that the he said exactly that: The security of be there indefinitely and that they will of the majority, as reflected in the Iraq can only be gained by the Iraqi need to be willing to step forward to Presidential election through the elec- people. The process from being subject provide what I think everyone wants, toral college, was faithfully, honestly, to a brutal dictator, tyrannical oppres- most of the world wants: a stable, se- and accurately carried out by everyone sion for over a quarter of a century, to cure, and successful Iraq. responsible for doing so. self-determining is an enor- As a member of the Senate Armed How much time remains under the mous social transformation, one that Services Committee, I have been in- order? will probably take several years. creasingly frustrated by our inability, The PRESIDING OFFICER. The Sen- When we justify, by those who are re- either in the committee, whether in ator has 1 minute. sponsible for our continued presence in public or secret briefings, whether as a Mr. DAYTON. I ask unanimous con- Iraq, what we are doing there, they body or through other discussions, to sent for an additional 5 minutes to need to be very clear about the param- get what turns out to be accurate and complete my remarks. eters. First, we were looking for weap- reliable information from the civilian The PRESIDING OFFICER. Without ons of mass destruction which turned command, from the administration. objection, it is so ordered. out not to exist there. Then it was an Yesterday afternoon we had an Armed

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 154 CONGRESSIONAL RECORD—SENATE January 6, 2005 Services Committee hearing, a secret cant variance to that, in fact, in the tracting, the proper expenditure of tax- hearing, for 3 hours. I received infor- truth. payer dollars for a defense effort, where mation regarding the force capabilities Chairman WARNER convened several again American men and women were of the Iraqi police and military that hearings in the last 6 months on the al- relying on that equipment, relying on was at significant variance from what I leged prison abuses at Abu Ghraib. getting it right away, and living or was told a week before in Baghdad, There were rumors of abuses occurring dying as a result—Harry Truman said: which itself was at considerable vari- elsewhere in Iraq and elsewhere in the I don’t care whether they are Demo- ance from what we were told 2 months world. We were assured again and again cratic contractors or Republican, let before, which then was half of the force by the administration and the other the chips fall where they may and the level we were told existed a year before authorities who spoke before us that it truth be known. He went on to become that. was limited to those isolated instances the Vice President and then the Presi- What the numbers are, what the in Iraq and in the Abu Ghraib prison. dent of the United States because he training capabilities are—I hesitate to Now it comes to light, in the last had that kind of integrity and that use this word on the Senate floor, but month, there were documented reports kind of courage. it applies here—I don’t like being lied through the chain of command, infor- We ought to see that today on the to. I am elected to represent the people mation that people who testified before other side of the aisle, to be willing to of Minnesota. I am elected to look out our committee had to be aware of when investigate these matters. Whether it for their best interests. I met on Sun- they told us in committee hearings in- is a Republican administration or a day with a few hundred Minnesota fam- formation that was at variance with Democratic administration, I don’t ily members who were depending upon those reports. care; it is an American administration. me to look out for the interests of Similarly, the status of the Iraqi se- Those are American soldiers putting their sons and daughters, husbands and curity and military forces—being told their lives on the line. We are all re- wives. I take that as a life-or-death re- by the Secretary of Defense, who I sponsible, and we can’t even get any- sponsibility, as it is to them and their think believed what he was telling us body to look into what is happening or loved ones and all the members of the because that was the information he not happening there, and we can’t get U.S. Armed Forces, putting their lives was given, a year ago that force level anybody to tell us the facts, the truth. on the line every day. was at 202,000; and then to find out last It is deplorable. It is unconscionable. It They deserve to know, we deserve to September 15, in public remarks he is un-American. And it is intolerable. know, the American people deserve to made elsewhere, that number was I think this body collectively needs know from this administration their about half that level; and then to get to stand up and demand that we get the plan, what is their timetable, and what published reports that the actual num- facts and the truth so we can go back kind of progress are we making. We de- ber is some 78,000; and then to get a re- home and tell those sons and daughters serve to know the facts. We deserve to port last week that the number is and fathers and mothers and husbands be told facts today that hold up as the somewhat above that; and then to get a and wives what is happening to their truth tomorrow. I regret to say that is report yesterday that the number is loved ones over in Iraq, and when they not occurring. It has not occurred, not some tens of thousands above that. are coming home with the victory they only in this instance yesterday but in Having that number not being able to worked for, lived for, bled for, and died other significant respects throughout be confirmed by those who are testi- for secured, and how we are going to do that and when. the last several months. fying before us is a great travesty of Mr. President, I yield the floor and I appreciate enormously and admire justice and legality, and their moral, suggest the absence of a quorum. tremendously the leadership of the ethical responsibility to tell us the The PRESIDING OFFICER (Mr. Senate Armed Services Committee truth and give us the facts so we can DEMINT). The clerk will call the roll. under its chairman, Senator WARNER, make those judgments that we are The bill clerk proceeded to call the and its ranking member, Senator elected and held responsible to make, roll. LEVIN. Senator WARNER has convened along with them, so that hopefully the Mr. BAUCUS. Mr. President, I ask any number of hearings and briefings collective wisdom of all of us serves unanimous consent that the order for on the situation in Iraq and other the best interests of this country, its the quorum call be rescinded. places around the world, on the prison foreign , and the lives of its men The PRESIDING OFFICER. Without abuses at Abu Ghraib, on the armoring and women who are serving us over- objection, it is so ordered. and rearmoring of the equipment and seas, and who, for every day we keep f personnel for service in Iraq and Af- them over there, are continuing to risk ghanistan. their lives, and some of them losing TAX DEDUCTING FOR TSUNAMI In the last month, we have found, ac- their lives or losing limbs, bodily func- RELIEF cording to the private contractors, tions. Mr. BAUCUS. Mr. President, I sug- there was an unused capacity in their This is life and death, and it is time gested to the chairman of the Finance production capabilities of 25 percent we stop being lied to. I want this ad- Committee, Senator GRASSLEY, and he for armored Humvees and these re- ministration, I want the Pentagon agreed, that it would be appropriate armoring kits for those Humvees that command, to tell us the facts, tell us and, in fact, it would be a good idea, to are over there in Afghan and Iraq that the truth about the situation in Iraq— pass legislation today which would are unarmored, a 25-percent unused ca- what is going right, but what is going allow Americans to give a full deduc- pacity because of a lack of production wrong, to tell us the truth and the tion that is available under current law orders from our military, when we were facts about the capability of the Iraqi to the tsunami relief effort in 2004, if told—and we asked, Republican and forces to replace ours, to take over re- they wish. Even though we are clearly Democratic members of the Armed sponsibility for the law and order of now in 2005, the idea is and the legisla- Services Committee alike, repeatedly: their own country, to tell us the truth tion would provide that, for Americans What do you need? What money, laws, and the facts about the economic re- who want to give to the tsunami relief procedures? What do you need to maxi- covery projects, which ones have start- effort and take that contribution on mize production and immediate dis- ed, which ones have not, how much their 2004 tax returns, they may do so. tribution to protect our men and money has been expended, how much I am very encouraged the House took women serving in Iraq? money has been wasted, how much up that bill a few minutes ago. It is un- We were assured, again and again and money has been stolen. clear as to when that will actually again, there was 100-percent produc- It is shameful this body, which has pass, but it is my understanding it will tion, that everything was being done, the history of Harry Truman setting up pass today. I have spoken to a good and that they did not need anything. a special committee during World War number of Senators about this legisla- And then we find out there is signifi- II to investigate the proper con- tion, and I have with me a long list of

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 155 cosponsors of this legislation. I think hopeful. Many countries that are much The PRESIDING OFFICER. The it would be good for us to do this right older do not have quite the same hope, clerk will call the roll. away. I say quickly because the IRS it seems. There is maybe a little cyni- The bill clerk proceeded to call the has informed me that the sooner we cism—they have seen it all, or maybe roll. pass this, the better. That is, the soon- not, but we are a country that is open Mr. MCCONNELL. Mr. President, I er we pass the legislation, the more and we want to help. ask unanimous consent that the order easily they can work with American Therefore, I ask unanimous consent for the quorum call be rescinded. taxpayers who want to take this deduc- to have printed in the RECORD a resolu- The PRESIDING OFFICER (Mr. GRA- tion—it is a cash deduction—in 2004. tion which would accelerate the in- HAM of South Carolina). Without objec- It is framed as a cash deduction be- come benefits for charitable cash con- tion, it is so ordered. cause that is what the relief agencies tributions for the relief of victims in f want. They want cash. First, cash can the Indian Ocean tsunami. Also, I ask be transmitted much more quickly unanimous consent to have printed in APPOINTMENT than in-kind contributions, as much as the RECORD a list of all the cosponsors The PRESIDING OFFICER. Pursuant food and clothes is important. They of this Senate joint resolution. I am to S. Con. Res. 1, the Chair appoints can transmit the cash contribution not going to read all the names. It is a the Senator from South Dakota, Mr. with the speed of light, frankly. Sec- long list. JOHNSON, as teller on part of the Sen- ond, with cash it can be disbursed and There being no objection, the mate- ate, in lieu of the Senator from Con- sent to the area where it is needed the rial was ordered to be printed in the necticut, Mr. DODD. RECORD, as follows: most. Maybe food is needed, maybe f medical supplies are needed in one area S.J. RES. more than another, maybe clothing or Resolved by the Senate and House of Rep- MAKING MAJORITY PARTY tents or whatnot is needed. With the resentatives of the United States of America in APPOINTMENTS TO COMMITTEES Congress assembled, cash available, the relief agencies can Mr. MCCONNELL. I send a resolution decide what is the best use. SECTION 1. ACCELERATION OF INCOME TAX BEN- EFITS FOR CHARITABLE CASH CON- to the desk and ask for its consider- This is also the approach taken by TRIBUTIONS FOR RELIEF OF INDIAN ation. our President when he nominated and OCEAN TSUNAMI VICTIMS. The PRESIDING OFFICER. The encouraged former President Bush and (a) IN GENERAL.—A taxpayer may treat any clerk will report the resolution by former President Clinton to go nation- contribution described in subsection (b) title. wide to encourage Americans to con- made in January 2005 as if such contribution The assistant legislative clerk read tribute to the relief effort. They, too, was made on December 31, 2004, and not in January 2005. as follows: suggest cash contributions are best. (b) CONTRIBUTION DESCRIBED.—A contribu- A resolution (S. Res. 5) making majority They are much more efficient. It is tion is described in this subsection if such party appointments to certain Senate com- what makes the most sense as being contribution is a cash contribution made for mittees for the 109th Congress. the most helpful to the people in that the relief of victims in areas affected by the There being no objection, the Senate part of the world who need it the most. December 26, 2004, Indian Ocean tsunami for proceeded to consider the resolution. which a charitable contribution deduction is I have a special feeling, almost rev- Mr. MCCONNELL. I ask unanimous erence, for Southeast Asia, because I allowed under section 170 of the Internal Revenue Code of 1986. consent that the resolution be agreed have traveled in that part of the world to. many times. The Southeast Asia am- Mr. BAUCUS. Mr. President, I want our colleagues to know that Senator The PRESIDING OFFICER. Without bassadors have been guests of mine in objection, it is so ordered. my home State of Montana just re- GRASSLEY and I were joined in the ef- fort to provide tsunami relief assist- The resolution (S. Res. 5) was agreed cently, this past year. I visited South- to, as follows: east Asia quite recently. My heart, all ance by dozens of our Colleagues. I S. RES. 5 of our hearts, clearly, go out to the vic- want to acknowledge them by asking tims and their families. Words cannot for unanimous consent that the text of Resolved, That notwithstanding the provi- sions of Rule XXV, the following shall con- describe the extent and depth of this the Senate Joint Resolution and the full list of cosponsors be printed in the stitute the majority party’s membership on tragedy, and I am not going to make the following standing committees for the the effort to do so. But certainly when RECORD. One Hundred Ninth Congress, or until their we see the photographs and we read the Senator AKAKA of Hawaii, Senator ALEX- successors are chosen: reports and hear people such as Sec- ANDER of Tennessee, Senator BIDEN of Dela- COMMITTEE ON AGRICULTURE, NUTRI- ware, Senator BUNNING of Kentucky, Senator retary Colin Powell comment on what TION, AND FORESTRY: Mr. Chambliss BYRD of West Virginia, Senator CANTWELL of (Chairman), Mr. Lugar, Mr. Cochran, Mr. they have seen and what has happened Washington, Senator CLINTON of New York, or has not happened over there, it tugs McConnell, Mr. Roberts, Mr. Talent, Mr. Senator CORZINE of New Jersey, Senator Thomas, Mr. Santorum, Mr. Coleman, Mr. very deeply at the hearts of all of us. DAYTON of Minnesota, Senator DURBIN of Illi- Crapo, Mr. Grassley. That part of the world has our deepest nois, Senator FEINGOLD of Wisconsin, Sen- COMMITTEE ON APPROPRIATIONS: Mr. and our fondest hopes that we ator FEINSTEIN of California, Senator HAGEL Cochran (Chairman), Mr. Stevens, Mr. Spec- will do all we can to help out. of Nebraska, Senator HARKIN of Iowa, Sen- ter. Mr. Domenici, Mr. Bond, Mr. McConnell, That is happening. The American ator HATCH of Utah, Senator INOUYE of Ha- Mr. Burns, Mr. Shelby, Mr. Gregg, Mr. Ben- public, the American people are the waii, Senator JEFFORDS of Vermont, Senator nett, Mr. Craig, Mrs. Hutchison, Mr. DeWine, KERRY of Massachusetts, Senator KOHL of Mr. Brownback, Mr. Allard. most generous people in the world. I Wisconsin, Senator LANDRIEU of Louisiana. don’t know what it is, there is some- COMMITTEE ON ARMED SERVICES: Mr. Senator LAUTENBERG of New Jersey, Sen- Warner (Chairman), Mr. McCain, Mr. Inhofe, thing extra special about the American ator LEAHY of Vermont, Senator LEVIN of Mr. Roberts, Mr. Sessions, Ms. Collins, Mr. spirit. We dig down to help people who , Senator MCCAIN of Arizona, Sen- Ensign, Mr. Talent, Mr. Chambliss, Mr. Gra- need help. We are there. I think it is ator MIKULSKI of Maryland, Senator MURRAY ham, Mrs. Dole, Mr. Cornyn, Mr. Thune. probably because we are a society that of Washington, Senator NELSON of Nebraska, COMMITTEE ON BANKING, HOUSING, is much more open than most others. Senator NELSON of Florida, Senator OBAMA AND URBAN AFFAIRS: Mr. Shelby (Chair- of Illinois, Senator REID of Nevada, Senator We are also a country with many im- man), Mr. Bennett, Mr. Allard, Mr. Enzi, Mr. ROCKEFELLER of West Virginia, Senator migrants. We feel for the goings on in Hagel, Mr. Santorum, Mr. Bunning, Mr. SANTORUM of , Senator SCHU- Crapo, Mr. Sununu, Mrs. Dole, Mr. Martinez. other countries in the world. MER of New York, Senator SMITH OF Oregon, We are a young country by compari- COMMITTEE ON COMMERCE, SCIENCE, Senator WYDEN of Oregon, Senator STABE- AND TECHNOLOGY: Mr. Stevens (Chair- son. I wouldn’t say that makes us NOW of Michigan, Senator DORGAN of North man), Mr. McCain, Mr. Burns, Mr. Lott, Mrs. naive, but it certainly enables us to Dakota, Senator DODD of Connecticut. Hutchison, Ms. Snowe, Mr. Smith, Mr. En- have much more hope about the future Mr. President, I suggest the absence sign, Mr. Allen, Mr. Sununu, Mr. DeMint, because we still are young. We are very of a quorum. Mr. Vitter.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 156 CONGRESSIONAL RECORD—SENATE January 6, 2005 COMMITTEE ON ENERGY AND NAT- MAKING MINORITY PARTY Ms. Mikulski, Mr. Jeffords, Mr. Bingaman, URAL RESOURCES: Mr. Domenici (Chair- APPOINTMENTS TO COMMITTEES Mrs. Murray, Mr. Reed, and Mrs. Clinton. man), Mr. Craig, Mr. Thomas, Mr. Alexander, COMMITTEE ON HOMELAND SECURITY Ms. Murkowski, Mr. Burr, Mr. Martinez, Mr. Mr. REID. Mr. President, I send a AND GOVERNMENTAL AFFAIRS: Mr. Lie- Talent, Mr. Burns, Mr. Allen, Mr. Smith, Mr. resolution to the desk. berman (Ranking Member), Mr. Levin, Mr. Bunning. The PRESIDING OFFICER. The Akaka, Mr. Carper, Mr. Dayton, Mr. Lauten- COMMITTEE ON ENVIRONMENT AND clerk will report the resolution by berg, and Mr. Pryor. PUBLIC WORKS: Mr. Inhofe (Chairman), Mr. title. COMMITTEE ON THE JUDICIARY: Mr. Warner, Mr. Bond, Mr. Voinovich, Mr. The assistant legislative clerk read Leahy (Ranking Member), Mr. Kennedy, Mr. Chafee, Ms. Murkowski, Mr. Thune, Mr. as follows: Biden, Mr. Kohl, Mrs. Feinstein, Mr. Fein- DeMint, Mr. Isakson, Mr. Vitter. gold, Mr. Schumer, and Mr. Durbin. A resolution (S. Res. 6) making minority COMMITTEE ON FINANCE: Mr. Grassley COMMITTEE ON RULES AND ADMINIS- party appointments to certain Senate com- TRATION: Mr. Dodd (Ranking Member), Mr. (Chairman), Mr. Hatch, Mr. Lott, Ms. Snowe, mittees for the 109th Congress. Mr. Kyl, Mr. Thomas, Mr. Santorum, Mr. Byrd, Mr. Inouye, Mrs. Feinstein, Mr. Schu- Frist, Mr. Smith, Mr. Bunning, Mr. Crapo. There being no objection, the Senate mer, Mr. Dayton, Mr. Durbin and Mr. Nelson COMMITTEE ON FOREIGN RELATIONS: proceeded to consider the resolution. of Nebraska. Mr. Lugar (Chairman), Mr. Hagel, Mr. Mr. REID. Mr. President, I ask unan- COMMITTEE ON SMALL BUSINESS AND Chafee, Mr. Allen, Mr. Coleman, Mr. Voino- imous consent that the resolution be ENTREPRENEURSHIP: Mr. Kerry (Ranking vich, Mr. Alexander, Mr. Sununu, Ms. Mur- agreed to. Member), Mr. Levin, Mr. Harkin, Mr. Lieber- kowski, Mr. Martinez. man, Ms. Landrieu, Ms. Cantwell, Mr. Bayh, The PRESIDING OFFICER. Without and Mr. Pryor. COMMITTEE ON HEALTH, EDUCATION, objection, it is so ordered. COMMITTEE ON VETERANS’ AFFAIRS: LABOR, AND PENSIONS: Mr. Enzi (Chair- The resolution (S. Res. 6) was agreed Mr. Akaka (Ranking Member), Mr. Rocke- man), Mr. Gregg, Mr. Frist, Mr. Alexander, to, as follows: feller, Mr. Jeffords, Mrs. Murray, Mr. Obama Mr. Burr, Mr. Isakson, Mr. DeWine, Mr. En- and Mr. Salazar. sign, Mr. Hatch, Mr. Sessions, Mr. Roberts. S. RES. 6 Resolved, That notwithstanding the provi- SPECIAL COMMITTEE ON AGING: Mr. COMMITTEE ON HOMELAND SECURITY Kohl (Ranking Member), Mr. Jeffords, Mr. AND GOVERNMENTAL AFFAIRS: Ms. Col- sions of rule XXV, the following shall con- stitute the minority party’s membership on Feingold, Mr. Wyden, Mrs. Lincoln, Mr. lins (Chairman), Mr. Stevens, Mr. Voinovich, Bayh, Mr. Carper, Mr. Nelson of Florida, and Mr. Coleman, Mr. Coburn, Mr. Chafee, Mr. the following standing committees for the 109th Congress, or until their successors are Mrs. Clinton. Bennett, Mr. Domenici, Mr. Warner. COMMITTEE ON THE BUDGET: Mr. Con- SELECT COMMITTEE ON INTEL- chosen: COMMITTEE ON AGRICULTURE, NUTRI- rad (Ranking Member), Mr. Sarbanes, Mrs. LIGENCE: Mr. Roberts (Chairman), Mr. TION, AND FORESTRY: Mr. Harkin (Rank- Murray, Mr. Wyden, Mr. Feingold, Mr. John- Hatch, Mr. DeWine, Mr. Bond, Mr. Lott, Ms. ing Member), Mr. Leahy, Mr. Conrad, Mr. son, Mr. Byrd, Mr. Nelson of Florida, Ms. Snowe, Mr. Hagel, Mr. Chambliss, Mr. War- Baucus, Mrs. Lincoln, Ms. Stabenow, Mr. Stabenow, and Mr. Corzine. ner (ex officio). Nelson of Nebraska, Mr. Dayton, and Mr. SELECT COMMITTEE ON ETHICS: Mr. COMMITTEE ON THE JUDICIARY: Mr. Salazar. Johnson (Vice Chairman), Mr. Akaka, and Specter (Chairman), Mr. Hatch, Mr. Grass- COMMITTEE ON APPROPRIATIONS: Mr. Mr. Pryor. ley, Mr. Kyl, Mr. DeWine, Mr. Sessions, Mr. Byrd (Ranking Member), Mr. Inouye, Mr. COMMITTEE ON INDIAN AFFAIRS: Mr. Graham, Mr. Cornyn, Mr. Brownback, Mr. Leahy, Mr. Harkin, Ms. Mikulski, Mr. Reid, Dorgan (Vice Chairman), Mr. Inouye, Mr. Coburn. Mr. Kohl, Mrs. Murray, Mr. Dorgan, Mrs. Conrad, Mr. Akaka, Mr. Johnson, and Ms. SPECIAL COMMITTEE ON AGING: Mr. Feinstein, Mr. Durbin, Mr. Johnson, and Ms. Cantwell. SELECT COMMITTEE ON INTEL- Smith (Chairman), Mr. Shelby, Ms. Collins, Landrieu. Mr. Talent, Mrs. Dole, Mr. Martinez, Mr. COMMITTEE ON ARMED SERVICES: Mr. LIGENCE: Mr. Rockefeller (Vice Chairman), Craig, Mr. Santorum, Mr. Burns, Mr. Alex- Levin (Ranking Member), Mr. Kennedy, Mr. Mr. Levin, Mrs. Feinstein, Mr. Wyden, Mr. ander, Mr. DeMint. Byrd, Mr. Lieberman, Mr. Reed, Mr. Akaka, Bayh, Ms. Mikulski, and Mr. Corzine. JOINT ECONOMIC COMMITTEE: Mr. COMMITTEE ON THE BUDGET: Mr. Gregg Mr. Nelson of Florida, Mr. Nelson of Ne- Reed, Mr. Kennedy, Mr. Sarbanes, and Mr. (Chairman), Mr. Domenici, Mr. Grassley, Mr. braska, Mr. Dayton, Mr. Bayh, and Mrs. Bingaman. Allard. Mr. Enzi. Mr. Sessions, Mr. Bunning, Clinton. Mr. Crapo, Mr. Ensign, Mr. Cornyn, Mr. COMMITTEE ON BANKING, HOUSING, Mr. REID. Mr. President, I move to Alexander, Mr. Graham. AND URBAN AFFAIRS: Mr. Sarbanes reconsider the vote, and I move to lay SELECT COMMITTEE ON ETHICS: Mr. (Ranking Member), Mr. Dodd, Mr. Johnson, that motion on the table. Voinovich (Chairman), Mr. Roberts, Mr. Mr. Reed, Mr. Schumer, Mr. Bayh, Mr. Car- The motion to lay on the table was Thomas. per, Ms. Stabenow, and Mr. Corzine. agreed to. COMMITTEE ON INDIAN AFFAIRS: Mr. COMMITTEE ON COMMERCE, SCIENCE, FUNDING LEVELS McCain (Chairman), Mr. Thomas, Ms. Mur- AND TRANSPORTATION: Mr. Inouye kowski, Mr. Coburn, Mr. Domenici, Mr. (Ranking Member), Mr. Rockefeller, Mr. Mr. REID. Mr. President, I want to Smith, Mr. Crapo, Mr. Burr. Kerry, Mr. Dorgan, Mrs. Boxer, Mr. Nelson of engage my colleague, the distinguished JOINT ECONOMIC COMMITTEE: Mr. Ben- Florida, Ms. Cantwell, Mr. Lautenberg, Mr. majority leader, in a colloquy regard- nett (Vice-Chairman), Mr. Brownback, Mr. Nelson of Nebraska, and Mr. Pryor. ing committee funding. As the major- Sununu, Mr. DeMint, Mr. Sessions, Mr. Cor- COMMITTEE ON ENERGY AND NAT- ity leader is aware, the current bien- nyn. URAL RESOURCES: Mr. Bingaman (Rank- nial funding authorization for com- COMMITTEE ON RULES AND ADMINIS- ing Member), Mr. Akaka, Mr. Dorgan, Mr. Wyden, Mr. Johnson, Ms. Landrieu, Mrs. mittee funding expires on February 28. TRATION: Mr. Lott (Chairman), Mr. Ste- Normally, by now the Rules Committee vens, Mr. McConnell, Mr. Cochran, Mr. Feinstein, Ms. Cantwell, Mr. Corzine, and Santorum, Mr. Frist, Mr. Chambliss, Mrs. Mr. Salazar. has advised the committees of the Hutchison, Mr. Bennett, Mr. Hagel. COMMITTEE ON ENVIRONMENT AND budget assumptions for the next bien- PUBLIC WORKS: Mr. Jeffords (Ranking COMMITTEE ON SMALL BUSINESS AND nial period, March 1, 2005 through Feb- Member), Mr. Baucus, Mr. Lieberman, Mrs. ENTREPRENEURSHIP: Ms. Snowe (Chair- ruary 28, 2007, so that they may be pre- Boxer, Mr. Carper, Mrs. Clinton, Mr. Lauten- man), Mr. Bond, Mr. Burns, Mr. Allen, Mr. paring their committee authorizing berg, and Mr. Obama. Coleman, Mr. Thune, Mr. Isakson, Mr. Vit- COMMITTEE ON FINANCE: Mr. Baucus resolutions for the next biennial fund- ter, Mr. Enzi, Mr. Cornyn. (Ranking Member), Mr. Rockefeller, Mr. ing period. However, the Rules com- COMMITTEE ON VETERANS’ AFFAIRS: Conrad, Mr. Jeffords, Mr. Bingaman, Mr. mittee is awaiting direction from the Mr. Craig (Chairman), Mr. Specter, Mrs. Kerry, Mrs. Lincoln, Mr. Wyden and Mr. leadership. Based on conversations be- Hutchison, Mr. Graham, Mr. Burr, Mr. En- Schumer. tween the majority leader and myself, sign, Mr. Thune, Mr. Isakson. COMMITTEE ON FOREIGN RELATIONS: is the majority leader in a position to Mr. MCCONNELL. Mr. President, I Mr. Biden (Ranking Member), Mr. Sarbanes, announce the funding and allocation move to reconsider the vote. Mr. Dodd, Mr. Kerry, Mr. Feingold, Mrs. assumptions for the next biennial com- Mr. BOND. I move to lay that motion Boxer, Mr. Nelson of Florida, and Mr. Obama. mittee funding period? on the table. COMMITTEE ON HEALTH, EDUCATION, Mr. FRIST. I am pleased to respond The motion to lay on the table was LABOR, AND PENSIONS: Mr. Kennedy to the inquiry of the Democratic lead- agreed to. (Ranking Member), Mr. Dodd, Mr. Harkin, er. The budget assumptions for the

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 157 next committee funding biennial pe- leader, as well. I am glad we were able mental justice. We have fought for riod, subject to appropriations, will be to work this out. criminal justice. Now we must add a an across-the-board freeze budget, with f new fight: the fight for electoral jus- salary baselines adjusted by COLAs of tice. 3.71 percent in 2005, as approved by the UNANIMOUS CONSENT Every citizen of this the greatest President pro tempore this week; and AGREEMENT—H.R. 241 country in the world who is registered 3.3 percent assumed for 2006 and 3.5 per- Mr. MCCONNELL. I ask unanimous to vote should be guaranteed that their cent assumed for 2007, although both consent that when the Senate receives vote matters, that their vote is count- the 2006 and 2007 actual COLA amounts from the House H.R. 241, the Senate ed, and that in the in remain subject to the approval of the proceed to its immediate consider- their community their vote has as President pro tempore. ation, that the bill be read three times, much weight as any Senator, any Mr. REID. Is it my understanding passed, and the motion to reconsider be Congressperson, any President, any that such a freeze will result in aggre- laid on the table without intervening Cabinet member, or any CEO of any gate funding levels, subject to appro- action or debate. Fortune 500 . I am sure priations, as follows: March 1, 2005–Sep- The PRESIDING OFFICER. Without every one of my colleagues agrees with tember 30, 2005: $53,243,918; October 1, objection, it is so ordered. that statement, that in the voting 2005–September 30, 2006; $93,467,365; and f booth everyone is equal. So now it October 1, 2006–February 28, 2007: seems to me that under our great Con- $39,782,891, and that such funding levels RECESS FOR JOINT SESSION OF stitution of the United States of Amer- include, but do not separately allocate, THE TWO HOUSES ica, which we swear allegiance to up- the additional 10 percent allocated to Mr. MCCONNELL. Mr. President, I hold, which guarantees the right to the committees in the 108th Congress? ask unanimous consent that the Sen- vote, we must ask certain questions. Mr. FRIST. That is correct. With re- ate now recess to reassemble in the First, why did voters in Ohio wait gard to committee personnel salary al- Hall of the House of Representatives hours in the rain to vote? Why were locations between the majority and mi- for the joint session for the purpose of voters at Kenyan College, for example, nority staff, the Democratic leader and the counting of electoral votes and the made to wait in line until 4 a.m. to I have agreed to a 60–40 split of all per- Senate reassemble in the Senate Cham- vote? It was because there were only 2 sonnel funds, after allocations for non- ber on the dissolution of the Joint Ses- machines for 1,300 voters when they designated administrative and clerical sion. needed 13. staff are agreed to by the chairman and There being no objection, the Senate, Why did voters in poor and predomi- ranking member pursuant to Rule at 12:52 p.m., recessed, to reassemble in nantly African-American communities XXVII of the Standing Rules of the the Hall of the House of Representa- have disproportionately long waits? Senate. However, the chairman and tives for a joint session, and at 1:30 Why in Franklin County did election ranking member of any committee p.m. reassembled in the Senate Cham- officials use only 2,798 machines when may, by mutual agreement, modify the ber when called to order by the Vice they needed 5,000? Why did they hold allocation of personnel funds. The divi- President. back 68 machines in warehouses, 68 ma- sion of committee office space shall be f chines that were in working order? commensurate with this allocation Why were 42 of those machines in pre- agreement. OBJECTION TO COUNTING OF OHIO dominantly African-American commu- Mr. REID. I thank the majority lead- ELECTORAL VOTES nities? er for his comments and assistance in The VICE PRESIDENT. Pursuant to Why in the Columbus area alone did reaching this agreement. S. Con. Res. 1 and section 17 of title 3, an estimated 5,000 to 10,000 voters leave Mr. REID. Mr. President, if I could, if United States Code, when the two polling places out of frustration with- the distinguished acting leader would Houses withdraw from the joint session out having voted? How many more allow me to say a word, what we have to count the electoral vote for separate never bothered to vote after they heard just done has been something that is consideration of an objection, a Sen- this because they had to take care of important for the institution. We want ator may speak to the objection for 5 their families or they had a job or they to show bipartisanship, and this has minutes and not more than once. De- were sick or their legs ached after been very difficult. Briefly, because I bate shall not exceed 2 hours, after waiting for hours? know we have a joint session, let me which the Chair will put the question: Why is it when 638 people voted at a say the chairmen and ranking members Shall the objection be sustained? precinct in Franklin County, a voting do yeoman’s work around here. They The clerk will report the objection machine awarded 4,258 extra votes to work very hard. made in the joint session. George Bush? Thankfully, they fixed it. What has just been completed is a The assistant legislative clerk read Only 638 people had shown up, but compromise. I appreciate the coopera- as follows: George Bush got more than 4,000 votes. tion of Senator FRIST and Senator Ms. TUBBS JONES, a Representative from How could that happen? MCCONNELL, Senator LOTT and Senator Ohio, and Mrs. BOXER, a Senator from Cali- Why did Franklin County officials re- DODD. We have worked hard to arrive fornia, object to the counting of electoral duce the number of at this point, and we have shown some votes of the State of Ohio on the ground that machines to downtown precincts while bipartisanship. We on the Democratic they were not, under all of the known cir- adding them in the suburbs? This also side, and I think I can speak for some cumstances, regularly given. led to long lines. of my friends on the Republican side, The PRESIDENT pro tempore. Who In Cleveland, why were there thou- hope that the money the committees seeks recognition? sands of provisional disqualified are going to get to do their work is not The Senator from California. when everyone knew that poll workers all needed. We didn’t use it all last Mrs. BOXER. Mr. President, thank had given faulty instructions to the time. I hope we don’t need it this time. you so much. voters? But at least we have a framework For most of us in the House and in Because of this and voting irregular- where we have divided the responsibil- the Senate, we have spent our lives ities in so many other places, I am ities of the Senate on a 60–40 basis. I fighting for what we believe in, always joining today with Congresswoman believe that is fair. I hope never in the fighting to make our Nation better. We STEPHANIE TUBBS JONES, a 10-year future of this institution, no matter may not agree from time to time, but judge, an 8-year prosecutor, a 6-year what party is in control, will it ever we are always fighting to make our Na- Member of Congress, a woman inducted change and be any lower. tion better. We have fought for social into the Women’s Hall of Fame. Folks, Mr. MCCONNELL. Mr. President, I justice. We have fought for economic she has great credibility, and she asked thank my colleague, the Democratic justice. We have fought for environ- just one Senator to take a couple of

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 158 CONGRESSIONAL RECORD—SENATE January 6, 2005 hours. I hate inconveniencing my home, and resume his life. You might con- counted: President George W. Bush received friends, but I believe it is worth a cou- sider emulating his excellent example, be- 118,775 more votes than your man, Sen. John ple of hours to shine some light on cause what you are doing now—redoubling Kerry. these issues. your effort in the face of a settled outcome— The senator had the good grace and sense We passed the Help America Vote will only drive you further toward the polit- to acknowledge the abundantly obvious, go ical fringe. And that long grass already is home and resume his life. You might con- Act, which was important to help tickling your knees. sider emulating his excellent example, be- American voters, but then we did noth- The 176 Democrats who sit on Ohio’s 88 cause what you are doing now—redoubling ing. county election boards pondered their juris- your effort in the face of a settled outcome— Senators GRAHAM, CLINTON, and I in- dictions’ results, accepted their subordi- will only drive you further toward the polit- troduced a bill to ensure that a paper nates’ good work, and are turning their ener- ical fringe. And that long grass already is trail go along with electronic voting. gies toward the future. Are they all dupes in tickling your knees. We couldn’t even get a hearing in the some Machiavellian Republican scheme? Or The 176 Democrats who sit on Ohio’s 88 last Congress. In the House, it is the do they simply have a firmer grasp of reality county election boards pondered their juris- same problem. We need this kind of than that displayed by the two of you and a dictions’ results, accepted their subordi- handful of unrelenting zealots still ranting nates’ good work, and are turning their ener- bill. in the January rain, eight weeks after the Let me simply say to my colleagues: gies toward the future. Are they all dupes in November voting?’’ some Machiavellian Republican scheme? Or I have great respect for all of you. But The headline for the Akron Beacon do they simply have a firmer grasp of reality I think it is key, whether it is Repub- than that displayed by the two of you and a licans or Democrats, that we under- Journal’s editorial from December 24, 2004 was: handful of unrelenting zealots still ranting stand that the centerpiece of this coun- in the January rain, eight weeks after the try is democracy, and the centerpiece We wish John Kerry would have won Ohio. November voting? of democracy is ensuring the right to He didn’t. Yes, long lines built voter frustration. Yes, vote. The piece went on to say: some electronic machines malfunctioned. I ask you, my friends from both sides The allegations being thrown around are of Yes, boards rejected more provisional ballots of the aisle, when we get busy working the flimsiest nature . . . Not one shred of than usual. But such things happen when within the next few weeks, let us not evidence has been presented to show that hundreds of thousands of new voters join the Ohio’s strictly bipartisan system of running process and new technology debuts under turn away from the things that hap- fire. Your doubts notwithstanding, numerous pened in Ohio. Our people are dying all elections was manipulated. The Columbus Dispatch, in an edi- nonpartisan election experts say Ohio did an over the world. A lot of them are from above-average job. my State. For what reason? To bring torial dated December 12, 2004, said: Americans treasure the right to be loudly democracy to the far corners of the On Monday, the 20 Ohio members of the mistaken—a right you now freely exercise. globe. Let us fix it here, and let us do Electoral College will cast their votes to But for two national figures whose constitu- it the first thing out. elect the next president of the United States. encies are among the poorest of the poor, it Thank you very much, Mr. President. When those votes are added to those from seems an embarrassing waste of energies electors in the other 49 states, George W. sorely needed elsewhere. Fold your mildewed I yield the floor. Bush’s re-election will be official. The PRESIDENT pro tempore. The tents, collect your soggy cardboard and focus But that won’t stop the conspiracy theo- on the poverty, single-parenthood and drop- Senator from Pennsylvania. rists who claim that Bush stole his victory. out rates that have so impoverished those in Mr. SANTORUM. Mr. President, I Though they are small in number, these whose names you protest too much. Good ask for the yeas and nays. naysayers are loud and repetitious. So the causes await your serious advocacy. And The PRESIDING OFFICER. Is there a truth bears repeating, too: Bush won because what you are doing now isn’t serious. sufficient second? more Ohioans voted for him than for Senator There is a sufficient second. John Kerry. [From the Akron Beacon Journal, Dec. 24, The yeas and nays were ordered. Kerry understands that George Bush legiti- 2004] The PRESIDENT pro tempore. The mately won the election, which is why he conceded on November 3rd. Those who claim STILL CHASING CONSPIRACIES; WE WISH JOHN Senator from Ohio. KERRY WOULD HAVE WON OHIO. HE DIDN’T Mr. DEWINE. Mr. President, I find it that Ohio’s vote was rigged have produced almost impossible to believe that I am nothing that approaches credible evidence, The $1.5 million recount of presidential nor have they explained how a conspiracy votes in Ohio is almost finished. With all actually standing on the floor of the could be carried out successfully in a decen- counties except Lucas reporting, the results Senate today engaged in a debate over tralized system involving 88 separate, bipar- haven’t shifted by more than a few hundred whether George Bush won Ohio in the tisan county election boards. votes for either candidate. George W. Bush’s 2004 Presidential election. Clearly he Such a conspiracy would have to involve win in Ohio, which gave him a majority of did and did so by 118,000 votes. scores, if not hundreds, of Democratic elec- Electoral College votes, is safe. Because I am limited under the rules tion-board members actively working Still, die-hards are continuing to question. to 5 minutes, I will not have time to against their own party and presidential can- A challenge filed in the Ohio Supreme Court address all of the wild, incoherent, and didate. by a group backed by the Rev. Jesse Jackson completely unsubstantiated charges It is terribly unfortunate that this alleges fraud, computer hacking and post- election vote-switching, among other things. that have been made about the 2004 body is meeting under these cir- cumstances. I urge my colleagues to John Conyers of Michigan, the highest-rank- Ohio Presidential election. What might ing Democratic member of the House Judici- be a better way for me to explain the act unanimously in seating Ohio’s elec- ary Committee, wants an FBI investigation. absurdity of the suggestion that Ohio tors. A lawyer representing Sen. John Kerry’s did not go for President Bush is to I ask unanimous consent to have the campaign now says some parts of the re- quote from numerous editorials that full text of the above-mentioned arti- count in Cuyahoga County should be counted have been written in Ohio newspapers. cles printed in the RECORD. again. The Cleveland Plain Dealer, a news- There being no objection, the mate- The allegations being thrown around are of paper that did not endorse either Presi- rial was ordered to be printed in the the flimsiest nature. Jackson and Conyers are, for example, seeking exit polling data to RECORD, as follows: dent Bush or JOHN KERRY, said in an compare with the official voting results. To editorial this past Tuesday addressing (From the Cleveland Plain Dealer, Jan. 4, what end? Is the election to be handed to those in Ohio and those from out of 2005) Kerry based on a sampling of voters’ opin- State still contesting Ohio’s results: PLEASE, LET IT GO. ELECTION WAS 2 MONTHS ions on Election Day, or the actual results? The election horse is dead. You can stop AGO; INAUGURATION IS IN 2 WEEKS; JACKSON Conyers based his request for an FBI inves- beating it now. Not one ounce of political AND TUBBS JONES SHOULD GET ON TO SOME- tigation, in part, on the fact that a vote-tab- flesh remains on that carcass. Ohio has THING USEFUL. ulating computer had undergone routine counted and recounted: President George W. Memo to Rep. Stephanie Tubbs Jones and maintenance before the recount in Hocking Bush received 118,775 more votes than your the Rev. Jesse Jackson: The election horse is County. A review of the procedure by the man Sen. John Kerry. dead. You can stop beating it now. election board and computer technicians The senator had the good grace and sense Not an ounce of political flesh remains on showed the maintenance hadn’t altered a to acknowledge the abundantly obvious, go that carcass. Ohio has counted and re- thing.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 159 Not one shred of evidence has been pre- House committee as partisan. Nonpartisan liam Anthony Jr., the African-American who sented to show that Ohio’s strictly bipar- think tanks could do this work more chairs both the Franklin County Democratic tisan system of running elections was manip- credibly and with more expertise. Party and its elections board, has been per- ulated. There isn’t any. What happened on The partisan Democrats know that. sonally stung by Jackson’s slander: ‘‘Why Election Day, the long lines, tens of thou- They’re just playing games. would I sit there and disenfranchise my own sands of punch-card ballots that failed to community?’’ he asks. record a vote, confusion over provisional vot- [From the Cleveland Plain Dealer, Dec. 15, The recount will go forward because by law ing and proper registration, can and should 2004] it must; history suggests few votes will be addressed by J. Kenneth Blackwell, the MOVEON.NOW; THE ZEALOTS WHO REFUSE TO change. But it is time to focus on how to secretary of state, and boards. ACCEPT OHIO’S VOTE COUNT RISK UNDER- make future elections more efficient. The voters would be better served if those MINING CONFIDENCE IN THE SYSTEM ITSELF Clearly it would help if groups that reg- backing the challenges backed off, concen- Most Americans, including the vast major- ister new voters did not deliver thousands of trating on election reforms instead of elec- ity of those who supported John Kerry for applications at the last minute. Ohio also toral futility. president, have grasped the most basic re- needs an early voting system to relieve at ality of Election Day 2004: least some of the pressure on Election Day. [From the Dayton Daily News, Dec. 20, 2004] George W. Bush was re-elected. He won And rather than retreating from electronic DID VOTES VANISH IN MIAMI VALLEY? roughly 60.7 million votes and carried 31 voting machines, the state needs to find a se- Specific complaints about the Ohio vote states with 286 electoral votes. Ohio’s 20 cure system and back it up with a paper count keep getting aired—especially on the Electoral College members formally cast bal- record. Common-sense solutions can make a dif- Internet—and keep getting laid to rest, but lots for the president Monday in the State- ference. Endless sour grapes will not. then just keep on getting cited by some die- house. hard Democrats. Unfortunately, there is a small, but very [From the Columbus Dispatch, December 12, The supposed outrage in Republican War- vocal, group of Americans who refuse to ac- 2004] ren County? There the authorities closed off cept this reality. They argue that what ap- the vote-counting site on election night. pear to be routine technical glitches and SOUND AND FURY; ELECTION-CONSPIRACY Turns out, however, the local Democratic human errors were in fact an elaborate con- THEORISTS DO NOTHING TO IMPROVE VOTING authorities were there, inside the building, spiracy to skew the election results. They On Monday, the 20 Ohio members of the and were fine with what went down, seeing claim that long lines at a few polling places, Electoral College will cast their votes to no shenanigans. the rather unsurprising result of high voter elect the next president of the United States. The fact that many ballots in Montgomery interest, were evidence of a systematic cam- When those votes are added to those from County showed no vote for president? Turns paign to discourage participation. In short, electors in the other 49 states, George W. out there was an electrical malfunction, and having failed to get the outcome they want- Bush’s re election will be official. the counts have been changed, with Repub- ed at the polls, they have decided to mount But that won’t stop the conspiracy theo- licans benefiting. an irresponsible campaign aimed at under- rists who claim that Bush stole his victory. Votes showing up late in the process in mining public confidence in the electoral Though they are small in number, these Miami County? Turns out the original state system itself. naysayers are loud and repetitious. So the reports were wrong. Ohio, arguably the most intensive battle- truth bears repeating, too: Bush won because Similar phenomena in other parts of the ground for Bush and Kerry, has been the No. more Ohioans voted for him than for Sen. state have similarly turned out not to 1 target of these diehards. John Kerry. amount to much. Since Election Day, they have seized on Kerry understands that Bush legitimately Yet 12 Democrats on the U.S. House Judi- isolated problems in a relative handful of won the election, which is why he conceded ciary Committee have posed questions about this state’s 11,366 precincts as proof of great- on Nov. 3. Those who claim that Ohio’s vote these alleged irregularities to Secretary of er ills or even criminal activity. was rigged have produced nothing that ap- State J. Kenneth Blackwell. The strategy One speaker in Columbus over the weekend proaches credible evidence. Nor have they seems to be throw everything at the wall and likened Ohio to Ukraine. The Rev. Jesse explained how a conspiracy could be carried see what sticks. Jackson has complained of widespread out successfully in a decentralized system Several Miami Valley issues are at the ‘‘fraud and stealing.’’ involving 88 separate, bipartisan county elec- center of this national squabble. The Green and Libertarian parties, whose tion boards. Some committee questions are just non- presidential got a combined Such a conspiracy would have to involve sense: How can the secretary of state explain three-tenths of one percent of the vote in scores, if not hundreds, of Democratic elec- that Sen. John Kerry did no better in Warren Ohio on Nov. 2, have demanded a recount of tion-board members actively working County than Al Gore did in 2000, even though the state’s 5.7 million ballots. That will cost against their own party and presidential can- Sen. Kerry spent more money and Ralph taxpayers about $1.4 million. A coalition of didate. Nader wasn’t on the this time? Please. critics, led by a former Ohio organizer for The idea that Democratic election officials This is nothing. Republicans are leaving cen- Ross Perot, has asked the Ohio Supreme disenfranchised voters in minority and tral urban counties for places like Warren, Court to overturn the presidential election, Democratic precincts offends William A. An- making the places they leave bluer and the as well as the outcome in the race for chief thony Jr., chairman of the Franklin County new places redder. justice. The Kerry campaign, reflecting its Democratic Party and of the Franklin Coun- Perhaps the most intriguing question is leader’s maddening desire to have everything ty Election Board, who was at the center of the one about the race for chief justice of the both ways, has said it does not expect a re- planning for the Nov. 2 election. Ohio Supreme Court. count to change anything—yet has also He was particularly incensed after the Rev. Democratic challenger C. Ellen Connally issued a list of things it wants local elections Jesse Jackson recently repeated the allega- ran worse than Sen. John Kerry statewide, officials to double-check. tions and called for an investigation of the by about 3 percentage points. But in some Obviously, there were problems on Elec- Ohio election. counties in Southwest Ohio—Miami, Darke, tion Day. There always are. Elections are ‘‘I am a black man,’’ Anthony said. ‘‘Why Butler, Claremont, Brown—she ran ahead of run by imperfect humans. Many individual would I sit there and disenfranchise voters in him. Why? polling places are in the hands of civic-mind- my own community? I feel like they’re ac- Is it possible, as has been charged, that ed neighbors with a few hours of training. cusing me of suppressing the black vote. I’ve some 60,000 Kerry votes somehow dis- Machines malfunction. Voters mess up bal- fought my whole life for people’s right to appeared in those counties? lots. vote.’’ Consider: Party labels do not appear on the But Ohio has already done its usual inten- Anthony’s indignation is justified. ballots for judicial candidates. So, in these sive post-election audit and reconciliation, a The major problem with the Nov. 2 elec- very Republican counties, one would not ex- process designed to spot mistakes. That can- tion was the long lines at many polling pect Judge Connally to have the kind of vass resulted in Bush’s unofficial 136,000–vote places. But these were the result of high problem that Sen. Kerry had. margin being reduced to the 119,000–vote turnout, not conspiracy. Republican and But why did Judge Connally run behind edge that Secretary of State Kenneth Democratic voters alike were inconven- Sen. Kerry statewide if she ran ahead of him Blackwell certified last week. ienced. In many precincts, the problem was in these counties? Probably because the Ohio’s bipartisan elections system makes exacerbated by a long ballot containing Moyer campaign—the only well-funded one— the kind of GOP conspiracy that some allege many tax and bond issues in addition to can- focused its commercials and mailings some- all but impossible to execute. Every county didate choices. place other than small, Republican counties. board of elections consists of two Democrats Ohio is in the midst of an effort to replace To ask the secretary of state to explain and two Republicans. So when Jackson and election machinery throughout the state. these things is absurd. Any response he of- other national Democrats question Ohio’s Secretary of State J. Kenneth Blackwell fers will be treated by the Democrats on the outcome, they demean their own allies. Wil- made a good- effort to have the new

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 160 CONGRESSIONAL RECORD—SENATE January 6, 2005 equipment in place in time for the Nov. 2 I am not the complete authority, but Some may criticize our colleague election, but he was stymied by political dis- as I have read some of the assertions from California for bringing us here for putes over the security and verifiability of made about the conduct of the election this brief debate. I thank her for doing the machines. County election officials wise- ly are waiting until this issue is sorted out in Ohio, I find serious imperfections. If that because it gives Members an op- before moving ahead with purchases of new we shed that spotlight on most States portunity once again on a bipartisan machines. in this country, including my own basis to look at a challenge that we But before that, Ohio lawmakers can re- State of Minnesota, we would find face not just in the last election in one duce lines by rewriting election laws to other imperfections. State but in many States. Because of allow voters to cast absentee ballots instead Democracy is not a perfect process, different electoral practices in States of visiting polling places. Much work remains to be done to improve but it is a process that we have a re- across America, voters who wish to the state’s voting system. The conspiracy sponsibility, not in hindsight but with cast a vote for President or Vice Presi- theorists are contributing nothing to the ef- foresight, to try to structure and to dent cannot approach the polls with fort but useless noise. continue to perfect so it is as close to certainty that their vote will be count- The PRESIDENT pro tempore. The perfect as is humanly possible. I share ed or that they can vote in a fair and Senator from Nevada. entirely the concerns expressed by my convenient manner. Mr. REID. Mr. President, I advise colleague from California and others There are litanies of examples that Members on the minority side if they who said despite our best efforts—and I could be cited. I do not challenge the want to speak on this issue, I have was part of that collaborative effort in of the 2004 election out- been informed that when the speeches this body and under the Rules Com- come. I do not believe there is evidence end there will be a rollcall vote. If peo- mittee in the last couple of years—we of widespread fraud. I believe Senator ple are waiting to come here an hour made some progress but we still fell KERRY was correct in announcing his from now, they may not get the chance short. concession, but let us concede on a bi- to speak. Members who want to speak I respectfully ask the chairman of partisan basis that we can and should should come here now. I have been in- the Rules Committee, Senator LOTT, do better. formed on the majority side there may who is here today, if he would be will- In the case of Reynolds v. Sims, the not be another speaker or, if so, maybe ing to convene hearings in the very Supreme Court of the United States only one other speaker. near future and look not just at Ohio made it clear that we have a constitu- For my side, I repeat, as I understand but at the experience from this elec- tional right to vote. Thank God. That the rules, they should be here to speak tion and how it can instruct us to im- decision which was handed down in 1964 for the 5 minutes when the time comes. prove that process for the future. appears clear and unequivocal. But That time is now. The Senator from California is abso- wait. Four years ago that same Su- The PRESIDENT pro tempore. The lutely right; every American should preme Court, in the case of Bush v. Senator from Minnesota is recognized. know he or she has a right to vote, that Mr. DAYTON. Mr. President, I have Gore, reached a different conclusion the greatest respect and personal re- they can vote expeditiously, that their and stated that the individual citizen gard for my friend from the State of vote will be counted and it will be tab- has no Federal constitutional right to California. It is not often I find myself ulated accurately, whether under Re- vote for electors for the President of rising in disagreement, but I emphati- publican or Democratic election offi- the United States. cally disagree and say respectfully that cials, whether it is for President from It appears that this statement by the I believe those involved, citizens from one party or another. highest court in the land is incon- around the country, with all their good Whether I agree or disagree with the sistent with a decision reached 40 years intentions, are seriously misguided and judgment of the American people, I re- ago. are leading us into a very unfortunate spect and agree more than anything So where do we stand today? There is precedent that was not in any way con- else with that process and the integrity great uncertainty. Congressman JESSE templated by the Constitution, by the of the process that produces whatever JACKSON of my home State of Illinois is law, or by historical precedent. result they determine. It is that which proposing a constitutional amendment Obviously, the law, which was estab- we must guard today. I regret we are in to make it clear and unequivocal that lished in 1887, did not envision that our a position of possibly compromising it. we have a constitutional right to vote role would be to adjudicate in any It would be a fatal mistake to overturn in America. I am loathe to jump on the State the results of an election for it in the way suggested. bandwagon for constitutional amend- President. If it were the intent, it The PRESIDENT pro tempore. The ments. I have seen some things done clearly would not have designed this Senator from Illinois. here that are not very proud moments kind of forum where an objection is Mr. DURBIN. Mr. President, I say at in the history of the Senate when it raised, we each express our opinion for the outset, this historic meeting in the comes to offering constitutional up to 5 minutes, and then vote on a Senate will end at some point in a amendments, but I will take this one whole array of facts and allegations vote. When the time comes to vote I seriously. and statements and contradictions would vote to certify the vote from the When you look at the results of the that we could not possibly in this set- State of Ohio. election in Ohio and in many other ting determine fairly and accurately. I do not have personal knowledge of States, serious questions are raised. If we were to do so, if we were to hy- what occurred in the election in Ohio, These have been documented by the pothetically object on an inevitably but I have spoken to those who were House Judiciary Committee Demo- partisan basis to the actions taken by present, who tell me that despite irreg- cratic staff. the electorate of a certain State, cer- ularities, which I will note, they do not Mr. President, I ask unanimous con- tified by the election officers of that rise to a level where we would chal- sent that the Executive Summary of State and then brought to us today, if lenge the outcome of the election in this report, entitled ‘‘Preserving De- we were to overturn that process and in Ohio. mocracy: What Went Wrong in Ohio,’’ this instance throw the election into In addition, the Democratic Party be printed in the RECORD. the House of Representatives, the dam- Kerry-Edwards campaign had more There being no objection, the mate- age it would do to our democracy, to than 2,000 lawyers on the ground in rial was ordered to be printed in the the integrity of our system, would be Ohio on election day. That was rep- RECORD, as follows: incalculable. If it were to result hypo- licated in many States across the Na- WHAT WENT WRONG IN OHIO thetically in an alteration of the pub- tion. I think what it says is that the EXECUTIVE SUMMARY licly expressed electoral will in an elec- nature of this debate and the chal- Representative John Conyers, Jr., the tion for President, the entire credi- lenges which we are raising do not go Ranking Democrat on the House Judiciary bility of our system would possibly be to the results of the election but rather Committee, asked the Democratic staff to destroyed. go to our . conduct an investigation into irregularities

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 161 reported in the Ohio presidential election ballots, and there is no evidence that a funded Democratic State Supreme Court and to prepare a Status Report concerning broader construction would have led to any candidate implausibly received more votes the same prior to the Joint Meeting of Con- significant disruption at the polling places, than the best funded Democratic Presi- gress scheduled for January 6, 2005, to re- and did not do so in other states. dential candidate in history; (v) in Cuyahoga ceive and consider the votes of the electoral Mr. Blackwell’s widely reviled decision to county, poll worker error may have led to college for president. The following Report reject voter registration applications based little known third party candidates receiving includes a brief chronology of the events; on paper weight may have resulted in thou- twenty times more votes than such can- summarizes the relevant background law; sands of new voters not being registered in didates had ever received in otherwise reli- provides detailed findings (including factual time for the 2004 election. ably Democratic leaning areas; (vi) in Miami findings and legal analysis); and describes The Ohio Republican Party’s decision to county, was an improbable and various recommendations for acting on this engage in preelection ‘‘caging’’ tactics, se- highly suspect 98.55 percent, and after 100 Report going forward. lectively targeting 35,000 predominantly mi- percent of the precincts were reported, an We have found numerous, serious election nority voters for intimidation had a negative additional 19,000 extra votes were recorded irregularities in the Ohio presidential elec- impact on voter turnout. The Third Circuit for President Bush. tion, which resulted in a significant dis- found these activities to be illegal and in di- Third, in the post-election period we enfranchisement of voters. Cumulatively, rect violation of consent decrees barring the learned of numerous irregularities in tal- these irregularities, which affected hundreds Republican Party from targeting minority lying provisional ballots and conducting and of thousand of votes and voters in Ohio, raise voters for poll challenges. completing the recount that disenfanchised grave doubts regarding whether it can be The Ohio Republican Party’s decision to thousands of voters and call the entire re- said the Ohio electors selected on December utilize thousands of partisan challengers count procedure into question (as of this 13, 2004, were chosen in a manner that con- concentrated in minority and Democratic date the recount is still not complete): forms to Ohio law, let alone federal require- areas likely disenfranchised tens of thou- Mr. Blackwell’s failure to articulate clear and consistent standards for the counting of ments and constitutional standards. sands of legal voters, who were not only in- provisional ballots resulted in the loss of This report therefore, makes three rec- timidated, but became discouraged by the thousands of predominantly minority votes. ommendations: (1) consistent with the re- long lines. Shockingly, these disruptions In Cuyahoga County alone, the lack of guid- quirements of the United States Constitu- were publicly predicted and acknowledged by ance and the ultimate narrow and arbitrary tion concerning the counting of electoral Republican officials: Mark Weaver, a lawyer review standards significantly contributed to votes by Congress and Federal law imple- for the Ohio Republican Party, admitted the the fact that 8,099 out of 24,472 provisional menting these requirements, there are ample challenges ‘‘can’t help but create chaos, ballots were ruled invalid, the highest pro- grounds for challenging the electors from the longer lines and frustration.’’ portion in the state. State of Ohio; (2) Congress should engage in Mr. Blackwell’s decision to prevent voters Mr. Blackwell’s failure to issue specific further hearings into the widespread irreg- who requested absentee ballots but did not standards for the recount contributed to a ularities reported in Ohio; we believe the receive them on a timely basis from being lack of uniformity in violation of both the problems are serious enough to warrant the able to receive provisional ballots likely Due Process Clause and the Equal Protection appointment of a joint select Committee of disenfranchised thousands, if not tens of Clauses. We found innumerable irregularities the House and Senate to investigate and re- thousands, of voters, particularly seniors. A in the recount in violation of Ohio law, in- port back to the Members, and (3) Congress federal court found Mr. Blackwell’s order to cluding (i) counties which did not randomly needs to enact election reform to restore our be illegal and in violation of HAVA. select the precinct samples; (ii) counties people’s trust in our democracy. These Second, on election day, there were numer- which did not conduct a full hand count after changes should include putting in place more ous unexplained anomalies and irregularities the 3% hand and machine counts did not specific federal protections for federal elec- involving hundreds of thousands of votes match; (iii) counties which allowed for irreg- tions, particularly in the areas of audit capa- that have yet to be accounted for: ular marking of ballots and failed to secure bility for electronic voting machines and There were widespread instances of intimi- and store ballots and machinery; and (iv) casting and counting of provisional ballots, dation and misinformation in violation of counties which prevented witnesses for can- as well as other needed changes to federal the Voting Rights Act, the Civil Rights Act didates from observing the various aspects of and state election laws. of 1968. Equal Protection, Due Process and the recount. With regards to our factual finding, in the Ohio right to vote. Mr. Blackwell’s ap- The voting computer company Triad has brief, we find that there were massive and parent failure to institute a single investiga- essentially admitted that it engaged in a unprecedented voter irregularities and tion into these many serious allegations rep- course of behavior during the recount in nu- anomalies in Ohio. In many cases these resents a violation of his statutory duty merous counties to provide ‘‘cheat sheets’’ to irregularities were caused by intentional under Ohio law to investigate election irreg- those counting the ballots. The cheat sheets misconduct and illegal behavior, much of it ularities. informed election officials how many votes involving Secretary of State J. Kenneth We learned of improper purging and other they should find for each candidate, and how Blackwell, the co-chair of the Bush-Cheney registration errors by election officials that many over and under votes they should cal- campaign in Ohio. likely disenfranchised tens of thousands of culate to match the machine count. In that First, in the run up to election day, the voters statewide. The Greater Cleveland way, they could avoid doing a full county- following actions by Mr. Blackwell, the Re- Voter Registration Coalition projects that in wide hand recount mandated by state law. publican Party and election officials Cuyahoga County alone over 10,000 Ohio citi- Mr. DURBIN. Mr. President, the disenfranchised hundreds of thousands of lost their right to vote as a result of of- Ohio citizens, predominantly minority and ficial registration errors. irregularities were not confined to the Democratic voters: There were 93,000 spoiled ballots where no State of Ohio. Let me give you an Illi- The misallocation of voting machines led vote was cast for president, the vast major- nois example. In DuPage County, IL, 26 to unprecedented long lines that ity of which have yet to be inspected. The percent of provisional ballots were disenfranchised scores, if not hundreds of problem was particularly acute in two pre- counted, but in Chicago, a few miles thousands, of predominantly minority and cincts in Montgomery County which had an away, 61 percent were counted. That is Democratic voters. This was illustrated by undervote rate of over 25% each—accounting more than twice as many. That is the fact that the Washington Post reported for nearly 6,000 voters who stood in line to largely because Chicago allows provi- that in Franklin County, ‘‘27 of the 30 wards vote, but purportedly declined to vote for with the most machines per registered voter president. sional ballots to be cast by a voter who showed majorities for Bush. At the other end There were numerous, significant unex- turns up in the wrong precinct on elec- of the spectrum, six of the seven wards with plained irregularities in other counties tion day. DuPage County does not, the the fewest machines delivered large margins throughout the state: (i) in Mahoning county county right next to Cook County. for Kerry.’’ Among other things, the con- at least 25 electronic machines transferred How is it that the fundamental right scious failure to provide sufficient voting an unknown number of Kerry votes to the of an American citizen to have his or machinery violates the Ohio Revised Code Bush column; (ii) Warren County locked out her vote counted can vary dramati- which requires the Boards of Elections to public observers from citing cally—not just from State to State but ‘‘provide adequate facilities at each polling an FBI warning about a potential terrorist place for conducting the election.’’ threat, yet the FBI states that it issued no from county to county? We need to ad- Mr. Blackwell’s decision to restrict provi- such warning; (iii) the voting records of dress this on a national basis. sional ballots resulted in the disenfranchise- Perry county show significantly more votes The PRESIDENT pro tempore. The ment of tens, if not hundreds, of thousands of than voters in some precincts, significantly Senator’s time has expired. voters, again predominantly minority and less ballots than voters in other precincts, Who seeks recognition? Democratic voters. Mr. Blackwell’s decision and voters casting more than one ballot; (iv) The Senator from Michigan is recog- departed from past Ohio law on provisional in Butler county a down ballot and under- nized.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 162 CONGRESSIONAL RECORD—SENATE January 6, 2005 Ms. STABENOW. Mr. President, I that they provide more than the re- in the Senate and House worked hard rise today to talk about the most fun- quired form of identification. Others to pass the landmark Voting Rights damental right in our democracy, the read flyers that directed them to the Act of 1965, to guarantee that racism right to vote. Every election day, mil- wrong polling places. and its bitter legacy do not close the lions of people in America from dif- These are real people with real con- polls to any citizen. ferent social, economic, and ethnic cerns, and we need to listen to them. After the 2000 election, we passed the backgrounds converge on polling sta- Our Constitution requires that we lis- in an effort to tions to cast their ballots. And as they ten to them. As elected leaders of these correct the serious problems that un- leave the polling booths, they emerge, people and all of those in our States dermined the right to vote in that elec- one by one, as equals. who have delegated to us the power to tion. They are equals because the power of represent them, we have an obligation Unfortunately, last November, we our Constitution resides with the peo- to listen. learned that we still have work to do. ple who delegate power to the Govern- After voters experienced similar As in 2000, the votes of many who want- ment. Our Constitution guarantees the problems in the last election, we ad- ed to vote were not, in fact, counted. right of every American to be heard dressed many of those issues. Congress The reasons are many and varied. equally about whom they want to lead passed, and I supported, the Help Some voters gave up in the face of end- their Government. We, as their elected America Vote Act, which required the less lines and waits of many hours at leaders, have a responsibility to ensure use of provisional ballots for voters polling places unable to handle the that those constitutional freedoms are who went to the wrong location so bal- large turnout of voters. In other cases, honored and protected. lots would be sealed and counted later voting was frustrated by broken or an- We have heard from some voters in in the proper precinct, and each State cient voting machinery, by confusion Ohio and across the country about the received funding to update their voting over applicable rules for voting pre- election in November. They feel that systems. cincts, or because States decided that their voices were not heard. But in Ohio, the provisional ballot certain votes did not comply with arbi- Thousands of voters waited in line was rendered virtually worthless in the trary and inflexible State or local pro- for up to 10 hours to cast their ballots. November 2004 election. Ohio’s Sec- cedures. We saw all those problems in Some waited until 4 in the morning, retary of State ruled that provisional Ohio. It is far from clear the extent to and some waited for hours in the rain. ballots were valid only if they were which these serious problems were the Many voters with job, family, and cast in the proper precinct. result of intended manipulation or other responsibilities simply could not So today we talk about the problem, widespread incompetence, but either wait any longer, and they left without but I think we also need to talk about way, the voting process did not live up voting. It is unreasonable to expect the solution. Voting is fundamental to to the standards worthy of our democ- voters to wait 10 hours to exercise our democracy. The process should be racy. their constitutional right to vote. fair, honest, and easy. Today’s debate is an opportunity for Some soldiers and other Americans I do not support holding up the re- all of us to admit that the 2004 election living overseas believe their ballots sults of our November election to ad- was flawed and to pledge action in this were not counted. Without question, dress the concerns many voters have new Congress to fix the festering prob- every legal ballot should count, wheth- raised about the process because I be- lems once and for all. er it is cast overseas or here in the lieve we need to move on with the busi- Citizens must have faith that they United States. ness of the country. But I do support will be able to cast their votes effi- Many precincts across the country the GAO investigation into these con- ciently and with complete confidence continue to use outdated punch-card cerns. When we find out what the GAO that their votes will be fairly and accu- ballots and decades-old voting ma- has to say, we have an obligation to ad- rately counted. We cannot go through chines that are more prone to error or dress the problems they uncover. another election wondering whether a simply do not work properly. That is I do support true election reform patchwork of unequal and outdated disturbing enough—machines from the that will create a voting procedures—whether by accident or de- 1950s being used in 2004—but even more system that we can all be proud of. sign—have yet again denied so many of disturbing is that urban areas are dis- The PRESIDENT pro tempore. The our fellow citizens the right to vote. proportionately affected. More urban Senator’s time has expired. I commend the many thousands of areas do not have the modern voting The Senator from Massachusetts is citizens in Massachusetts and other machines and equipment that is avail- recognized. States who insisted that treating to- able in other areas of the country. This Mr. KENNEDY. First of all, I com- day’s electoral vote count in Congress disparity affects voting for a large mend and thank our friend from Cali- as a meaningless would be an in- number of minorities, and that is unac- fornia, Senator BOXER, for giving us sult to our democracy unless we reg- ceptable. this opportunity to address the Senate ister our own protest against the obvi- Even those precincts with electronic on this issue. ously flawed voting process that took voting machines had problems. Some On November 3, JOHN KERRY con- place in so many of our States. We are machines malfunctioned, causing votes ceded the 2004 Presidential election to hopeful that this major issue that goes to be counted more than once or not at George Bush. While we do not question to the heart of our democracy is now all. Anyone who has used a computer the outcome, many of us remain deeply firmly implanted on the agenda for ef- at home or at work knows that even concerned that for the second time in a fective action by this Congress. saved data can be lost. Yet most elec- row, in a closely contested election, Few things are more important to tronic voting machines do not have a there were so many complaints about the Nation and to each of us, both Re- paper record to back up the system. It the ability of voters to cast their votes publican and Democrat, than a genuine could be as simple as a paper receipt and have them counted fairly. guarantee that the people’s will is like the one you get when you with- The right to vote is the cornerstone heard through the ballot. No democ- draw money from an ATM machine. of our democracy. Every Member of racy worth the name can allow such a In Nevada, electronic voting ma- Congress has a duty to protect and up- flawed election process to take place chines have a paper trail, and we need hold that right. When that right is again. it for all electronic voting machines. threatened, Congress must act to pro- Mr. President, I yield the floor. We must ensure the integrity of our tect it. Clearly, the legislation we en- Mr. BYRD. Mr. President, today, the voting process. acted to do so after the 2000 election Congress gathers to exercise the role Many voters felt intimidated at the was not adequate for the 2004 election. laid out by the Framers in the Con- polls. When they went to vote, so- Forty years ago this year, after the stitution of the United States. The called election observers demanded Selma-Montgomery march, many of us past two national elections have been

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 163 surrounded in controversy, not just ing, and several thousand who did vote or at other satellite locations. The controversy over issues and ideas— believe that their votes were not cor- state of Oregon now conducts statewide which is important and healthy in a rectly reported. The inequitable alloca- elections completely by mail. These in- democratic system of government—but tion of voting machines, the lack of in- novations are critical if we are to con- also controversy over the mechanics of struction for the review of provisional duct fair elections for it has become the election and the counting of the ballots, and the questionable activities unreasonable to expect that a nation of votes. surrounding the recount of the elec- 294 million people can line up at the The 2000 election left citizens across tronic ballots call into question the same time and cast their ballots at the this country with a belief that not final results in Ohio. However, I am un- same time. And if we continue to try to every vote was fairly counted. In re- convinced that it would have made a do so, we will encounter even more re- sponse, Congress passed a much-needed difference in the final outcome of this ports of broken machines and long reform legislation. States worked to Presidential election. lines in the rain and registration errors modernize their equipment and proce- I had hoped that we would not have that create barriers to voting. dures. We had high hopes that the 2004 the electoral college votes called into That is why I have been a long-time election—under much closer scrutiny question again. After the 2000 Presi- of moving our federal election than the election of 2000—would pro- dential election, we worked together to day from the first Tuesday after the vide the public with confidence that pass election reform legislation, the first Monday in November to the first everyone who registered would be able Help America Vote Act. That legisla- weekend in November. Holding our fed- to vote, and that every vote cast would tion set Federal requirements for pro- eral elections on a weekend will create be counted accurately. visional ballots and for voter informa- more opportunities for voters to cast Yet, despite the legislation and the tion, registration, and identification. their ballots and will help end the grid- more than $2 billion dedicated to fixing Unfortunately, that legislation has not lock at the polling places which threat- the election problems, the election of yet been fully implemented and does en to undermine our elections. I look 2004 was marred with reports of irreg- not go far enough. forward to introducing legislation to ularities and, as a result, there is a sig- I would like to work with my col- this end in the 109th Congress and I nificant group of our citizenry that se- leagues craft legislation to ensure that urge my colleagues to join me in this riously questions the results of the all of our citizens are encouraged to effort. vote, and particularly the vote in Ohio. vote and participate in our democratic Ms. CANTWELL. Mr. President, we There are several groups and organi- process. Our citizens must believe their meet in historic session today. The zations that are investigating the re- vote will count. At a time when we are twelfth amendment to the Constitution ported irregularities in the Ohio elec- risking lives of our service men and sets forth the requirements for casting tion. That is important work and it women to spread democracy through- electoral votes and counting those should and will continue. When the in- out the world, we cannot ignore the votes in Congress. The electors are re- vestigations conclude, should there be threats to the democratic process here quired to meet, cast and certify their solid evidence of criminal activity, at home. I do not relish the vote I am ballots and transmit them to the Vice those responsible should be prosecuted, forced to cast today, but I as I do, I President in his capacity as President no matter how high that responsibility look forward to being able to cast fu- of the Senate. may reach. But the Senate should not ture votes on Federal election reform With the exception of objections to prejudge the results of those investiga- to ensure that we are not in this posi- the electoral votes from the State of tions. tion again. Florida in the 2000 election, objections I applaud the efforts of the Senator Mr. KOHL. Mr. President, serious al- to an entire slate of votes from a State from California, Mrs. BOXER, and the legations have been raised about voting have been rare. But we have had one Congressional Black Caucus to defend irregularities in Ohio during the 2004 today, which gives us the opportunity the integrity of the electoral process. presidential election. I agree with to discuss and debate a very important But the question before us today is many of my colleagues that these alle- issue for our country and for the citi- whether we uphold the objection to the gations must be investigated to the zens of my State—the issue of whether certification of Ohio’s electors in the fullest extent possible because every we have ensured that every vote is count of the electoral vote. The Senate eligible citizen in this nation must counted. must vote, based on the information have an equal opportunity to exercise I will vote to uphold the outcome of available to us at this moment, and ab- the constitutional right to cast a vote this most recent election. sent the clear conclusions of the ongo- in Federal elections. That said, I do not However, I think we have more work ing investigations into reported irreg- believe there is anything to be gained to do in the area of election reform, ularities in Ohio, I shall vote to allow by sustaining the objection to the bal- and I think the discussion we are hav- the electoral count to proceed. lot certification with regard to the ing today is appropriate and overdue. In this session of Congress, I hope state of Ohio. Senator JOHN KERRY has In 2001, I supported the passage of the that we can take the lessons learned already conceded the election and Equal Protection of Voting Rights Act. from November and continue to im- there are no pending investigations That law was designed to protect vot- prove the integrity of elections and en- that will result in sufficient votes ing rights and ensure the integrity of courage greater faith in the results. being changed so as to alter the out- the electoral system in our nation. I The legitimacy of our government come of this election. did so because I feel that making cer- rests upon the confidence of the people. However, the last two elections have tain that each citizen’s vote is counted We, in Congress, must get serious revealed a glaring need for us to and promoting public trust and con- about crafting legislation aimed at re- rethink how we conduct elections in fidence in our election process is cru- storing confidence in the most funda- our Nation. With more and more voters cial. mental characteristic of a representa- needing to cast their ballots on Elec- The job is far from over. We may tive democracy, the Constitutional tion Day, we need to build on the need to have additional hearings and right and duty to vote. movement which already exists to we may need to take additional legisla- Mr. INOUYE. Mr. President, al- make it easier for Americans to cast tive action. There have been troubling though there were voting irregularities their ballots by providing alternatives reports from this most recent election. in Ohio, I will not vote in support of to voting on just one election day. Representative JOHN CONYERS and the objection. I do respect the result of Twenty-six states, including my own the minority staff of the House Judici- the recent Presidential election, but I state of Wisconsin, now permit any ary Committee have conducted their do not respect the process. Several registered voter to vote by absentee own hearings and investigations of in- thousand voters believe they were dis- ballot. Twenty-three states permit in- stances of voter disenfranchisement, couraged or even prevented from vot- person early voting at election offices flawed or corrupted voting machinery,

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 164 CONGRESSIONAL RECORD—SENATE January 6, 2005 and inappropriate procedures for their votes, while suburban voters country deserve our thanks for the im- counting and recounting votes in Ohio. faced far more manageable waiting portant work they have done to docu- They have produced a compelling re- times. ment the issues that arose from the port itemizing and analyzing the irreg- We cannot know the effect this may 2004 election. ularities. have had on vote totals, but we can and I would also like to thank Senator A 2-hour debate on the matter, when should work with State and local offi- BOXER and Representative TUBBS people across the country waited in 4, 6 cials to prevent this from happening in JONES for their diligence in bringing and 12-hour lines to vote all over this future Presidential and other Federal this issue to the forefront. country in November, is the least we elections. All voters deserve to get answers, can do. I commend Representative CONYERS and corrective actions, to the reported The debate we are having focuses at- and many of his Democratic colleagues irregularities and flaws of the 2004 elec- tention on legitimate concerns that on the House Judiciary Committee for tion. have been raised regarding the Ohio their tireless pursuit of a goal that all As my colleagues may know, the vote and count, and on broader con- of us—Republicans and Democrats Government Accountability Office, cerns about America’s inconsistent and alike—should desire: a free and fair GAO, is currently conducting a com- sometimes flawed election processes election in which every vote counts. prehensive investigation of many of which vary so radically from State to I look forward to the results of the the issues raised in the 2004 election. State that genuine equal protection Government Accountability Office’s in- I am very supportive of this inves- concerns arise. vestigation of election irregularities tigation, and believe that through a I will certify the election results, be- called for by Representative CONYERS. complete and full investigation by the cause I don’t think we should Mrs. LINCOLN. Mr. President, I ac- GAO, answers to the questions raised the greater good of the continuity of cept the decision voters made on No- regarding the 2004 election will be ob- Government at this time. We need to vember 2 to elect George W. Bush as tained. govern. But, what we should be doing is the President of the United States. I do The information the GAO obtains using this debate to get this Congress, not come to the floor today to chal- will allow the Congress to take appro- and this country, talking about the lenge the outcome of the election. priate action to address the problems However, I do have concerns about the steps that must be taken to ensure uncovered. process. I believe there are some valid that American elections provide a true At a minimum, there are two issues raised with the Ohio electoral representation of the people’s will. changes to our election system that votes regarding the legitimacy of our Mr. LEAHY. Mr. President, while I should be implemented by the Con- Nation’s voting procedures, and I take was pleased at the large number of gress: requiring a paper trail for elec- these issues very seriously. In this Americans who turned out to vote in tronic voting machines and creating a modern, computerized age and in our last year’s Presidential election, I am national standard for provisional bal- magnificent, democratic country, there deeply concerned about the many cred- lots. is absolutely no excuse for database er- ible allegations of voting irregularities I will work with my colleagues in the rors, lack of polling-place education that surfaced in the weeks following Congress to enact these important re- and training, equipment malfunctions, the election. forms. We must work to maintain, and or voter disenfranchisement. I cannot, however, support an objec- I supported the Help America Vote indeed improve, the confidence in and tion to the certification of Ohio’s elec- Act, HAVA, and have consistently sup- integrity of the election process. toral votes. Although I believe this de- ported adequately funding this law so I am under no illusion that the ac- bate is worthwhile, I am not persuaded that States can achieve its require- tions taken on this challenge will that the alleged fraud was sufficient to ments and improve voting procedures change the outcome of the election. change the outcome of either the Elec- to ensure every valid vote is counted. Senator KERRY has conceded the elec- toral College or the popular vote. Sen- In addition, I helped introduce the Re- tion. The events of today will not ator KERRY conceded the election more store Elector Confidence in Our Rep- change this result, and I fear they will than 2 months ago, and he does not resentative Democracy, RECORD, Act, only further polarize our political land- support a challenge. Moreover, the S. 2313, last year. This act contains a scape. practical effect of discounting Ohio’s provision to strengthen security meas- The solutions to the irregularities of electoral votes would simply be to ures for electronic voting devices to the election will not be found or en- allow the election to be decided by the prevent outside tampering and requires acted in this 2-hour process today. House of Representatives. a paper printout of votes cast at elec- They will come from a complete inves- In the months leading up to Election tronic voting machines. tigation, like the on-going GAO one. Day, I joined with Senator KENNEDY in The right to vote freely and without Because I believe that contesting the writing with great frequency to Attor- intimidation is the foundation of de- slate of Ohio electors is not the way to ney General Ashcroft about our con- mocracy and we must do all we can to achieve the needed reforms of the elec- cerns about and pos- ensure every vote is counted and re- tion system, I will vote against this sible partisan activity by the Depart- corded accurately. I believe voters challenge today. ment of Justice. It is with dismay, must have faith in the electoral proc- However, I want to put my colleagues then, that I have learned about the se- ess for our democracy to succeed, and I on notice that I will be vigorously pur- cret counting of votes in Warren Coun- look forward to working with my col- suing reforms of the election system to ty, OH, allegedly prompted by an FBI leagues in the coming year to ensure enact much needed improvements in terrorism warning that the FBI denied that our Nation’s election system is the system. making. I have read also of the nearly fair and effective. We have to make sure our elections 4,000 votes President Bush was mistak- Mr. JEFFORDS. Mr. President, we are a solid reflection of the voters’ in- enly awarded in a Franklin County pre- are here today in this extraordinary tent. Given the resources of our great cinct with only 800 voters. Although session to discuss a challenge to Ohio’s Nation, there is no reason why we this mistake was corrected, such a electors. should not be able to achieve this goal. malfunction suggests the possibility It was gratifying to see the high level Mr. FEINGOLD. Mr. President, I ap- that other problems with the vote of interest in the election create such a preciate this opportunity to comment count may have been missed. large voter turnout. However, it was briefly on voting irregularities that oc- Finally, I would point to the shock- discouraging to hear of the problems curred during our most recent presi- ing misdistribution of voting machines that affected the election in many dential election. While some steps were in Ohio. Voters from minority and parts of the country, including Ohio. taken after the 2000 election to help urban communities frequently waited Representative CONYERS, other House rectify a number of problems with our in line for four to five hours to cast Democrats, and individuals across this voting process that were identified

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 165 across the country, the election in No- and failures, and confusion over the vote for President, we should all have vember demonstrates that more needs counting of provisional ballots. These total confidence that every vote counts to be done. accounts raise serious doubts about and that every vote is counted. The outcome of the November elec- whether Ohio electors selected on De- There simply should be no questions tion will not change because of the cur- cember 13, 2004, were chosen in a man- or problems when we vote for the rent process underway in both the Sen- ner that conforms to Ohio law or Fed- President of the United States. But, ate and the House, but I certainly un- eral requirements and constitutional here we are, again, talking about vot- derstand the goal of those who have standards. ing problems and talking about lost or initiated this debate with their written The most troubling revelation from uncounted votes. objections to certifying the election re- the committee staff’s report is the Like many Americans, I was shocked sults. While I understand that the Sen- seeming disproportionate impact these in 2000 to see how outdated the voting ator from Massachusetts (Mr. KERRY) voting irregularities had on minority systems in America were. I was also has indicated that his campaign’s legal voters. And so I ask, 40 years later, shocked to see how easy it was to ma- team was unable to find evidence that have we done enough to make sure the nipulate those voting systems and how would change the outcome of the elec- letter and spirit of the Voting Rights easy it was for votes to be lost or go tion, enough questions have been Act is being enforced? uncounted. raised to justify a thorough examina- I ask my colleagues to join me in It was literally unbelievable. I asked tion by Congress and the administra- pushing for congressional hearings on myself, how could such things happen tion. Of course, the rules governing the alleged voting irregularities wit- here in the United States? In 2000, we this debate are highly restrictive, and nessed in Ohio and elsewhere this past all learned that many ballots, many do not afford any meaningful review of election season. I also ask them to join people’s votes, were thrown out, lost, potential voting irregularities, let me in examining whether we need to misplaced, or miscounted. alone the consideration of possible so- reform our election laws to ensure that We saw election officials who did not lutions to any problems. That effort we have free and fair elections for all know the rules and some who appeared will have to be done outside the con- Americans, regardless of race or eth- to ignore the rules. fines of the specific work we have nicity. Only then can we be sure that We witnessed innocent mistakes, ma- today, and to that end, I strongly hope we have adequately protected the con- chine mistakes, ballot mistakes and the Senate Rules Committee will make stitutional right of all qualified citi- mistakes that were not so innocent. this the very highest priority, and that zens to participate in our democracy’s The result was that many votes sim- the Senate’s leadership will schedule most cherished right. ply did not count. any legislation that comes from such a I am traveling overseas on a humani- The Presidential election of 2000 was review for prompt floor action. tarian mission to Southeast Asia to an eyeopener. Our election systems in Since the election, I have heard both visit the areas most affected by the re- this country, the World’s oldest democ- Democrats and Republicans pledge to cent tsunami and regret that I will not racy, were broken and needed to be work together to tackle some of our be available to participate in this fixed. most pressing issues. We are 3 days afternoon’s debate. I nonetheless com- Republicans and Democrats agreed into the 109th Congress and it is time mend my colleagues who are raising this had to be done. It was important. to put that promise to the test. I look these important issues, and applaud It was vital. forward to working with all of my col- their efforts to give a voice to those And we did something. We passed the leagues to help ensure that in future who were disenfranchised last Novem- Help America Vote Act. We set stand- elections every eligible citizen who ber.∑ ards. We authorized money for the wishes to vote is able to do so and all Ms. MIKULSKI. Mr. President, today states to help them get new machines, votes are counted. I rise to discuss an issue that Congress new technology and fix their electoral (At the request of Mr. REID, the fol- tried to address after the 2000 election systems. We provided for provisional lowing statement was ordered to be nightmare. Frankly, I am stunned to ballot systems so that if there was a printed in the RECORD.) be standing before you 4 years later to question about a voters registration ∑ Mr. CORZINE. Mr. President, as we take up the same issues of voting irreg- they could still cast a ballot. prepare to commemorate the 40th anni- ularities and uncounted votes. And I We thought that our voting systems versary of the Voting Rights Act of thank my colleague from California for were well on their way to being fixed. 1965, we are called on to look back and bringing this important issue before We thought that we would never have reflect on whether we have fixed the the Senate for debate. Her opposition another election like 2000. We thought systemic problems that this historic serves as a call upon the Congress to that all votes were going to count and legislation sought to address. Have we take action this year to address the on- all votes were going to be counted. ensured that all citizens are provided going problems in our electoral system. We were wrong. equal access to the ballot, regardless of Today, I will vote to certify the re- We now see, in 2004, 4 years after the race, ethnicity, or language-minority sult, but once again we see that the 2000 election debacle, we have people status? Have we created the proper election system in the United States standing in lines for hours because safeguards and procedures that make does not work to provide absolute con- polling places could not handle the certain that every vote is counted? fidence in the results. Today, I am vot- turnout, people being given the wrong Have we done enough to protect our de- ing to certify the results because I do information, machines breaking down, mocracy’s most sacred right—the right not believe that the voting problems too few machines in some precincts, to vote? changed the outcome of the election. ballots being lost or misplaced, and The accounts from our most recent Certification should not be delayed fur- voters being told to go to the wrong Presidential election suggest that we ther under such circumstances. I be- place to vote. That is simply not right. have not yet met our goal of securing lieve the majority of voters in Ohio It is not clear if these problems by a free and fair election for all Ameri- have spoken and that result should be accident or intended, but the result cans. Driving this point home is yester- certified. was that again people were not able to day’s 102-page report published by the But while I do not question the re- cast their votes or their votes simply House Judiciary Committee’s Demo- sult, I rise today to call attention to were not counted. That’s just wrong. cratic staff. The report goes into great what went wrong, to the disenfran- That is not suppose to happen in the detail describing the voting irregular- chised voters, the broken machines and United States. ities that arose in Ohio last November. problems people had casting their bal- And where did much of this happen? The allegations include accounts of lots on election day. In minority neighborhoods, in cities, in voter registration barriers, voter in- This should not be happening in the economically distressed areas, in pri- timidation, voting machine shortages United States of America. When we marily Democratic areas across the

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 166 CONGRESSIONAL RECORD—SENATE January 6, 2005 Nation. I ask myself, is this just a co- I look forward to working on this Despite widespread reports of irreg- incidence? Those communities do not with other members of the Senate. But, ularities, questionable practices by think so. And it is critical that we let we must not be here in 2006 or 2008 some election officials and instances of them know that we take their concerns talking about how shocked we are to lawful voters being denied the right to seriously. see yet again votes not counted, ballots vote, our legal teams on the ground What happened in the last election is missing, lost and misplaced, and con- have found no evidence that would less important than making sure that fused election officials. We must act change the outcome of the election. it never happens again. These commu- this year, while the spotlight is still It is critical that we investigate and nities need to know that the Congress on, to do more to ensure that all voters understand any and every voting irreg- is taking action to meet their concerns will have confidence in our electoral ularity anywhere in our country, not and will work to correct the abuses system. because it would change the outcome that were documented in many States Mr. LEVIN. I will vote against ob- of the election but because Americans in 2004. jecting to counting Ohio’s electoral have to believe that their votes are This is not a Republican or a Demo- votes. Of course I am concerned by re- counted in our democracy. cratic issue. Ensuring that every reg- ports of irregularities across the coun- We must take action this Congress to istered voter who wants to vote can try during the 2004 presidential elec- make sure that the problems voters en- vote is not a partisan issue. It is an tion. The 109th Congress should address countered in Ohio and elsewhere never issue of what it means to be an Amer- these problems this year as part of happen again. We must make sure ican. In 2004, everyone should agree election reform legislation. But voting there are no questions or doubts in fu- that every vote should count and we to throw out the electoral votes of a ture elections. It is critical to our de- have to do whatever is necessary to State in the absence of clear evidence mocracy that we investigate and act to make sure that happens. that voting fraud in that State prevent voting irregularities and voter I call on the Congress to renew its ef- changed the outcome would set a dan- intimidation across the country. forts to ensure that there is true elec- gerous precedent for future elections in I strongly support the efforts of the toral reform that every American who which the majority party of Congress civil rights and voting rights groups casts their ballot can be sure it is could overturn the outcome of a presi- across the country that continue to in- counted and that every American who dential election. vestigate what happened in 2004 and wants to cast their ballot has that op- (At the request of Mr. REID, the fol- how we can ensure it will never happen lowing statement was ordered to be portunity. This Congress should take again. A Presidential election is a na- printed in the RECORD.) three steps: tional Federal election but we have dif- ∑ Mr. KERRY. Mr. President, free and We should fully fund the Help Amer- ferent standards in different States for fair elections are the foundation of our ican Vote Act so that all States have casting and counting votes. We must democracy. Thanks to the efforts of the resources that they need to truly have a national Federal standard to tens of thousands of citizens, millions reform their electoral systems. solve the problems that occurred in the more Americans registered and went to We need to pass legislation to ensure 2004 election. the pools this year. But despite this I am calling on my Republican col- that there is a voter verified paper dramatic expansion in public participa- leagues to put election reform on the trail on electronic machines so voters tion, many voters faced barriers to congressional agenda this year. The can verify that they cast their ballot casting their ballot. Disenfranchise- Republican leadership in the House and and who they cast it for. ment and barriers to voting are fun- Senate must commit to make pro- We need to re-examine the issue of damentally undemocratic and should tecting voting rights a priority and to see what steps the be unacceptable in the freest nation in commit to adding election reform leg- Congress needs to take to ensure that the world. islation to the legislative calendar this the voting rights of all Americans are On November 3, I conceded the Presi- year. One goal must be to eliminate protected. So that we have uniform dential election to George Bush and barriers to voting, to encourage the standards. So that provisional ballots also expressed my commitment to en- greatest level of civic participation work, people do not have to wait in suring that every vote in this election possible, and to restore confidence in long lines, machines are operative and is counted. The questions being raised the notion that every eligible voter voters can get to the polls on election by my colleagues in Congress about the will have the opportunity to vote and day. vote in Ohio are important. As evi- to have their vote counted. And, we must do it now, before this denced by the media and Congressman I have spoken with Democratic Sen- issue fades from view again. The media JOHN CONYERS’ report of the vote in ate Leader HARRY REID and my col- will move on to other issues. We will Ohio, there were many voting irreg- leagues in the House and Senate about move on to other issues. There are ularities in the November election that my intention to introduce legislation many important issues that this Con- led to the disenfranchisement of vot- this year to ensure transparency and gress will address this year, but as we ers. These included long lines at pre- accountability in our voting system look forward, and this year celebrate dominantly minority polling places re- and the need for the Democratic Cau- the 40th Anniversary of the Voting sulting from the failure to provide suf- cus to make voting rights and electoral Rights Act, we must make this a pri- ficient number of voting machines; reform one of our top priority pieces of ority issue. We must act to protect voter intimidation and misinforma- legislation. Election reform will be one those vital rights and protect our de- tion; the restriction of provisional bal- of my top agenda items. mocracy. There is no better way to lots in a fashion that likely disenfran- I will be meeting in coming weeks honor this historic Act than to ensure chised voters; and instances in which with key leaders on both sides of the that we fix the problems in our elec- malfunctioning voting machines trans- aisle and from civil rights and voting toral system that continue disenfran- ferred Kerry votes to Bush. rights groups across the Nation. I plan chise voters. I strongly believe that we need to in- to use the information gathered by I thank my colleague, Senator vestigate this election and reform our Representative CONYERS in his report, BOXER, from California for giving us system. However, while I am deeply and information from other investiga- the opportunity to debate these impor- concerned about the issues the ques- tions underway, to guide my legisla- tant points and focusing the spotlight tions and issues being raised by this tion. on the voting problems still facing our objection and think they are very im- We must invest resources in our democracy. And while I vote today to portant, I do not believe that there is country to help State and local com- certify the election, I do not certify sufficient evidence to support the ob- munities purchase modern voting ma- how our electoral system works in the jection and change the outcome of the chines and do research and develop- United States and on that front we election and I am not joining their pro- ment on safe and secure forms of vot- must now act. test of the Ohio electors. ing. We must ensure that our voting

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As the great- only 800 citizens were registered to with Congressman CONYERS’ investiga- est, wealthiest nation on Earth, our vote and more than 4,500 votes were tion are deeply troubling. His actions citizens should not have to be forced to counted. This just defies common are troubling, particularly because he vote on old unaccountable voting ma- sense, and it is one of the reasons why didn’t just serve as the chief election chines. And, as the greatest, wealthiest I have come to the floor to make the official of his State; he also cochaired nation on Earth, our citizens should case for a continued focus on the issue the Bush-Cheney campaign in Ohio. never be forced to vote on old, unac- of election reform. Allowing a State official to oversee a countable and nontransparent voting The problems of election abuse are Federal election and simultaneously machines from companies controlled not ones that can be given short shrift serve as a partisan campaign official by partisan activists. if we are to keep faith with our citizens for a candidate in that election is a Together we can put the critical and ensure that their fundamental be- blatant conflict of interest and we have issue of electoral reform on the front lief that our democratic system is to put a stop to it. That is why later burner in Washington and across the sound is maintained. Otherwise, we this month I am going to introduce the country.∑ will see a growing lack of confidence in Federal Election Integrity Act, a bill Mr. WYDEN. Mr. President, I believe the conduct of our elections, and that to prohibit State election officials it is extraordinarily important for both lack of confidence will come to over- from overseeing Federal elections in sides to be gracious when an American shadow some of our elections alto- which they play a partisan role on be- election is over. But I also believe it is gether. We will see many more Mem- half of one of the candidates. extraordinarily important not to ig- bers of this body come to the floor de- Secretary Blackwell is now running nore urgently needed election reform, manding to know what has happened. for Governor. He recently sent a fund- I end my statement with the plea such as requiring a paper trail for raising letter to potential Republican that, on a bipartisan basis, this body every single ballot that is cast in our donors. I think his letter underscores return to the issue of election reform, country. Such a paper trial is required the need for my bill. The first page of correct the abuses that have been in my home State. In this last election, his letter tells the story. In part, it credibly documented over the last few record numbers of Oregonians voted. says: weeks, and that we do it in a bipartisan There were no allegations of fraud. The I have no doubt that the strong campaign system worked, and it worked well. Un- fashion. I yield the floor. we helped the President run in Ohio . . . can fortunately, that is not the case in too The PRESIDENT pro tempore. The easily be credited with turning out record many communities in our country. numbers of conservatives and evangelicals Senator from New Jersey is recognized. on election day. When the Senate last debated the Mr. LAUTENBERG. Mr. President, I issue of election reform, this body rise to support the contention of the It is not surprising that many people spent weeks debating whether one dog junior Senator from California that we have no doubt that Secretary in the Midwest was an illegal voter. I have to take a very hard look at this. Blackwell also ran a strong campaign worked with colleagues on a bipartisan We are trying to demonstrate the vir- against other voters, namely minori- basis. We made sure that dog, Mitzi, tues of democracy to Iraqis and ties and Democrats. would not be allowed to vote again. Ukrainians and other people around Americans need to believe their elec- Now, in the name of justice, when hun- the world who are struggling to be free. tion officials are beyond reproach. Al- dreds of thousands of Americans feel People must have confidence that our lowing such officials to serve simulta- they have been disenfranchised, I don’t election results are unassailable. neously in a partisan campaign capac- think their concerns ought to be swept Unfortunately, questions have been ity seriously undermines that con- under the rug. raised in the Presidential election of fidence. That is why, regardless of Credible journalists have now docu- 2000 and in the Presidential election of what happens today, I will introduce mented voting irregularities across the 2004. At this point, I want to be clear: the Federal Election Integrity Act. It country, and that ought to trouble I am not challenging President Bush’s is a step we can and should take to re- every Member of the body. Incredible victory in the State of Ohio. Neither store confidence that our elections are reports come from the States of North has Senator KERRY. But there have fair and the results are accurate. Carolina, Indiana, Washington, Flor- been reports of systematic voter dis- I don’t believe the objection the jun- ida, and Ohio. In my view, while not enfranchisement and other problems in ior Senator from California has raised proving to be of a volume that would Ohio, such that we would be derelict in will be sustained this afternoon, but have changed the outcome of the Presi- our duty if we failed to investigate it. that doesn’t mean we should not dis- dential election, when you take these Yesterday, Congressman JOHN CON- cuss the problems that precipitated the findings together, they raise very sig- YERS, ranking Democrat on the House objection and do something about them nificant and troubling matters that Judiciary Committee, issued a report in the future to assure that when the this body should be tackling on a bi- of problems that occurred in Ohio. votes are counted, we know everybody partisan basis. I do believe there is Some of the problems he reported in- has had a fair chance to cast their bal- critical work ahead of this body with clude problems with voting machines lots and that there hasn’t been any tin- respect to election reform. So I did in predominantly minority, Demo- kering with them. write in November to Representative cratic-leaning wards, which caused peo- I yield the floor. CONYERS to ask that he examine these ple to wait 10 hours or more in the The PRESIDENT pro tempore. Who voting irregularities. The problems rain. One precinct was forced to close seeks recognition? with provisional ballots in the State of at 9:25 in the morning because its vot- The Senator from New York is recog- Ohio particularly concerned me be- ing machines were not working. The nized. cause I was one of the principal au- Ohio Republican Party suppressed the Mrs. CLINTON. Mr. President, this is thors of the section of the Help Amer- turnout of minority, Democratic-lean- obviously a difficult debate for many ica Vote Act that involved provisional ing voters by engaging in preelection reasons. I commend the Senator from ballots. The decision of the Ohio Sec- caging tactics, tactics which were de- California for joining with members of retary of State to restrict the ability clared illegal by a Federal court. the House, most particularly Congress- of voters to use provisional ballots, I Ohio Secretary of State Ken woman STEPHANIE TUBBS JONES, in thought, was troubling. His decisions Blackwell, a Republican, deviated from raising the objection, because it does

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Vegas to try to trick those voters into think it is fair to say there are many Last spring, , the largest democ- not voting. The same happened in the legitimate questions about its accu- racy—we are the oldest democracy, so Hispanic areas of our State, especially racy and about its integrity, and they in that way we are real partners in this in Clark County. These calls, which we are not confined to the State of Ohio. great enterprise of democracy—had an were unable to trace, told voters elec- They are ones that have arisen election. Mr. President, 550 million or tion day was November 3, not Novem- throughout our country and certainly so people voted, from the dot-com bil- ber 2. because of the election of 2000 have lionaire to the poor illiterate peasant. Our registration process in Nevada is been given high relief in the last 4 They all voted. They voted on elec- also tainted by the proven destruction years. Then questions were raised addi- tronic voting machines. They voted in of Democratic voter registration forms. tionally with respect to this election a way that guaranteed the safety, secu- This is clear. It happened. There was a which deepened the concern of many rity, and accuracy of their vote. They company hired by the Republican Na- people about whether we can assure the had uniform standards. They had a tional Committee to register only Re- continuity of our democratic process nonpartisan board that oversaw that publicans. We had people come forward by ensuring the consent of the gov- election, and the result was shocking. and say they destroyed Democratic erned and the acceptance of the results They threw out the existing govern- registration forms. That investigation of elections. ment. Nobody had predicted that. Yet is still underway. Several weeks ago, we stood in great they did it with integrity. In some of my earliest elections in admiration as a nation behind the peo- Surely, we should be setting the Nevada, private individuals dressed in ple of Ukraine as they took to the standards. I hope in this body, and uniforms meant to resemble police offi- streets to demand they be given the thanks to the objection of my friend cers stood around polling places in mi- right to an election where every vote from California, this debate which nority voting spots to frighten people was counted. started today will continue. from coming to vote, and it worked. In a few weeks, we are going to see Thank you, Mr. President. These officers were posted, as I indi- an election in Iraq. We know there are The PRESIDENT pro tempore. The cated, at the polls to intimidate these people literally dying in Iraq for the distinguished Democratic leader. minority voters. right to cast a free vote. I am very Mr. REID. Mr. President, I spoke on In this past election in Ohio, we proud of our country, that we have a procedural matter earlier. I ask heard a lot about what appeared to be stood with Ukrainians, Iraqis, and oth- unanimous consent that not be deemed wrong there, and I hope there will be ers around the world, but increasingly, to be my speech in regard to this mat- more done to determine what went on I worry that if this body, this Congress ter. in Ohio. does not stand up on a bipartisan basis The PRESIDENT pro tempore. With- Legal challenges to restrict provi- for the right to vote here at home, our out objection, it is so ordered. sional voting, a provision of HAVA, moral authority will be weakened. Mr. REID. Mr. President, today great which is the Help America Vote Act I take that very seriously because men and women of our Armed Forces which I talked about earlier, meant to freedom is our most precious value, are working to bring the right of free cure the widespread disenfranchise- and we have for 225-plus years worked and fair elections to Iraq. In less than ment of minorities in Florida and to form a more perfect Union. At first, a month, there will be elections in around the rest of the country. not everybody was permitted to vote in Iraq. The sacrifice of our military de- These problems damage our system, our own country, but through constitu- mands that we work to ensure our own deny our citizens equal protection, and tional changes, a civil war, and a civil elections are fair. That is why today’s undermine the right to vote. Rooting rights movement, we expanded the debate is here, and I applaud my friend out this corruption requires not only franchise. This year we will celebrate from California for allowing us to talk strong laws but I believe strong hearts. the anniversary of the Voting Rights a little bit about elections generally. It relies upon the integrity of our elec- Act, and it will be an opportunity for A constitutional right that can be tion officials in every State and each us to take a look at this landmark leg- said to help secure all other rights is one of us to speak up when abuses islation and determine how we are the right to vote. History has shown us occur. going to move it into the 21st century that the right to vote demands con- It is my hope the debate today will so it really stands for what it was in- stant vigilance and attention. While se- once again lead to action to cure some tended to do when it was first passed. cured by our Constitution, widespread of the more glaring defects of the 2004 I would be standing here saying this disenfranchisement of African Ameri- election. One of the most significant no matter what the outcome of the cans and other Americans led to the problems in Ohio and in many other election because I still think the best landmark Voting Rights Act of 1965 States was the lack of measures to en- rule in is the golden rule: Do and the amendments in 1970, 1975, and sure the integrity of electronic voting unto others as you would have them do 1982. machines. While we have made im- unto you. I worry, whether it is a Constitutional protection was not provements that are historic with Democratic or Republican administra- enough. We needed tough new laws and HAVA, one important omission is in tion or a local county, State, or Fed- took action. More recently, the abuses this area; that is, electronic voting, eral election, that we are on a slippery in Florida 4 years ago demonstrated how to ensure the integrity of it. slope as a nation. the need for change and led to reform— In the last election, of all 50 States, My colleague, Senator BOXER, and I, and it was reform—in the Help America Nevada was the only State where we along with former Senator Bob Graham Vote Act of 2002. had total electronic voting with a of Florida, introduced legislation last I spread on the RECORD today the paper trail. When you voted in Nevada, year to try to assure a verifiable paper good work of Senator MCCONNELL, Sen- you did your electronic voting and you audit. We did not get anywhere with ator DODD, and Senator BOND. There could look right there to see for whom that. We did not get a hearing before were others, but those are the three you voted. No mistakes. You did not the Rules Committee, and I hope the who stand out in my mind. take it with you, of course, but it was distinguished chair of the Rules Com- While the literacy tests and poll in the machine, and if there was a re- mittee will hold such a hearing this taxes of the past are gone, a more in- count, it could be determined easily.

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This is the way it should happen all I say to my friend Mr. DEWINE from to vote. There are a number of amend- over America, an electronic machine Ohio, whom I listened to briefly a little ments, the 14th, the 15th, 19th, 24th, with a paper trail. bit ago, this is not about whether 26th, that expand the concept, say peo- Last year, my colleague, the distin- George Bush won the election. It is ple cannot be denied the right to vote guished junior Senator from Nevada, about taking a hard look at the voting on the basis of poll taxes, race, color, Mr. ENSIGN, and I introduced a measure structure in America, asking how we gender, and age. to require paper trails for electronic can make it better. How can we make Perhaps what we need is a constitu- voting machines every place. We will it better and more equitable for peo- tional amendment guaranteeing the introduce our bipartisan Voting Integ- ple? right of every citizen of the United rity and Verification Act in this Con- Now we tried, through the Help States a and to have that gress. America Vote, to fix some of the prob- ballot counted. I think it would come I hope that as we consider the 2004 lems, but there is evidence we did not as a shock to most Americans to know election today—I ask unanimous con- do enough. We know that massive lines that it is not in the Constitution of the sent for one additional minute, Mr. at the polls in Ohio likely led to thou- United States that we have that right President. sands of voters giving up on voting. to vote. The PRESIDENT pro tempore. The People had to wait 4, 5, 10 hours in line. This debate is needed to fix a system statute allows no more than 5 minutes Standing in line for 10 hours in Amer- that is broken. to any Senator, I regret. ica is like throwing acid in the face of The PRESIDENT pro tempore. Is Mr. REID. I will end by saying we democracy. It mars it. It scars it per- there any Senator who has not spoken look forward to enacting commonsense manently. who wishes to speak on this matter? measures such as the Voting Integrity Now, why the long lines? They did The Senator from Illinois. and Verification Act which Senator not have an adequate number of voting Mr. OBAMA. Mr. President, I did not ENSIGN and I will introduce in a few machines. Where were the lines? Many anticipate speaking today, but the im- days to continue to improve the integ- of them were in urban areas and minor- portance of this issue is enough for me rity of our elections. ity communities because there was an to address this body. I do not view the need to consider inequitable distribution of machines these additional reforms as a sign that between urban and suburban areas. During the election, I had the occa- our electoral system has failed. That According to the New York Times, in sion of meeting a woman who had sup- we learn, investigate, and reform dem- Columbus, OH, there was an average of ported me in my campaign. She de- onstrates its strength. The only failure 4.6 machines per voter in Bush’s cided to come to shake my hand and following the 2004 election would be to strongest precincts while there were take a photograph. She is a wonderful not acknowledge and act to strengthen only 3.9 machines in the so-called woman. She was not asking for any- the right to vote. Kerry precincts. thing. I was very grateful that she took I hope my colleagues on the other What we saw in Ohio was a concerted time to come by. It was an side of the aisle will join with me in effort by an official, the Secretary of unexceptional moment except for the that effort. State, to try to minimize the ability of fact that she was born in 1894. Her The PRESIDENT pro tempore. The Ohioans to cast their vote. The Sec- name is Marguerite Lewis, an African- Senator from Iowa. retary of State was also the Chairman American woman who had been born in Mr. HARKIN. The Senator from Cali- of the Ohio Bush re-election campaign. Louisiana, born in the shadow of slav- fornia is performing an important serv- For example, in the weeks leading up ery, born at a time when lynchings ice for American democracy today, to the election, the Secretary of State were commonplace, born at a time along with her partner in this effort on of Ohio tried to argue that thousands when and women the House of Representatives side, the should be denied the right to vote be- could not vote. Yet, over the course of Congresswoman from Ohio. Their chal- cause the forms they used to register decades she had participated in broad- lenge allows a needed debate in the were printed on the wrong weight of ening our democracy and ensuring Senate, as well as in the House of Rep- paper. that, in fact, at some point, if not her- resentatives. This debate is short The Secretary of State also argued self, then her children, her grand- today. We are limited to 5 minutes. I that absentee voters who had not re- children, and her great-grandchildren hope this debate will continue in the ceived their ballots should not be al- would be in a position in which they future, at least this year, to try to lowed to vote, another concerted effort could, too, call themselves citizens of reach some better conclusions as to to suppress votes. the United States and make certain how we operate voting in America. We also have reports of electronic that this Government works not just I want to be clear that I do not ques- voting machines not voting properly. A on behalf of the mighty and the power- tion the legitimacy or outcome of our system where software is kept secret ful but also on behalf of people like 2004 Presidential election. Nor will I has been allowed to be the norm. This her. vote to overturn the result of the vote is an inappropriate practice that could So the fact that she voted and her in Ohio. The irregularities and the dis- result in serious fraud. Clearly, we vote was counted in this election was enfranchisement that took place in need a Federal statute requiring inde- of supreme importance to her and it is that State and elsewhere, which are pendent review of the software used in the memory of talking to her and shak- real and deeply worrisome, do not ap- electronic voting machines, as well as ing her hand that causes me to rise on pear to me to have determined the out- providing both sides access to the soft- this occasion. come, either nationally or in Ohio. ware in these machines. I am absolutely convinced that the But the right to vote and the need for What we saw in Ohio, what we likely President of the United States, George citizens to have confidence that their would see in many States if they came Bush, won this election. I also believe votes will be counted correctly are under this type of scrutiny, is con- he got more votes in Ohio. As has al- basic to our democracy. That is why I tinuing problems with the whole elec- ready been said by some of the speak- believe there can be no more appro- tion process that need to be fixed. We ers in this body, this is not an issue in priate time to talk about problems in need to make changes in Federal law to which we are challenging the outcome our electoral system than today, the make it clear that election officials are of the election. It is important for us day on which we officially confirm and to work to maximize the right of peo- to separate the issue of the election proclaim the results of our recent elec- ple to vote rather than finding tech- outcome with the election process. tion. So I thank Senator BOXER, as well nicalities to disenfranchise them. I was not in this body 4 years ago, as Representative TUBBS JONES, who is It is curious to note that in the Con- but what I observed as a voter and as a a former judge in the State of Ohio, for stitution of the United States, there is citizen of Illinois 4 years ago was trou- this responsible action. not a provision guaranteeing the right bling evidence of the fact that not

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I thank the ating Federal elections on the basis of lems that have been documented as distinguished minority leader, Senator a voluntary work, pretty much, of taking place not just in Ohio but places REID, for commending this body for its local people. It worked pretty well for all across the country. support of the Help America Vote Act many years. It doesn’t work any I strongly urge that this Chamber, as that we adopted almost unanimously longer. It has to be changed. We have well as the House of Representatives, in this body a couple of years ago, to do a better job. It is important that take it upon itself once and for all to through the work of Senators MCCON- this body, the Congress of the United reform this system. NELL and BOND and others. States, say to the American public we There is no reason, at a time when It was certainly not a perfect piece of are going to do everything we can to we have enormous battles taking place legislation, but it was the first time in see to it that you have an equal oppor- ideologically all across the globe, at a the history of this country, outside of tunity to vote and that your vote will time when we try to make certain we the Voting Rights Act, that this body, be counted, and we are going to have encourage democracy in Iraq and Af- the Congress of the United States, the people, the technology, and the re- ghanistan and other places throughout spoke comprehensively about the con- sources in place to make that happen. the world, that we have the legitimacy duct of Federal elections. We have made great strides. More of our elections challenged—rightly or I point out to my colleagues that needs to be done. The Senator from wrongly—by people who are not certain while certainly things need to be done California has given us an opportunity as to whether our processes are fair to improve even that effort, there were today to highlight the importance of and just. 119,000 provisional ballots cast in the this. I regret that the Senate finds This is something we can fix. We State of Ohio that never would have itself in this situation today where we have experts on both sides of the aisle been counted had we not adopted provi- find that the American public still who know how to fix it. What we have sional ballot requirements. lacks confidence in the legitimacy of lacked is the political will. There are certainly legitimate ques- the process and the results of our presi- I strongly urge that, in a cir- tions about what does and doesn’t con- dential elections. cumstance in which too many voters stitute a ballot. I am drafting for my But as painful as this debate today have stood in long lines for hours, in colleagues’ approval a comprehensive may be, this discourse is necessary to which too many voters have cast votes piece of legislation that deals with the ensuring the American public that we, on machines that jam or malfunction shortcomings in the HAVA bill itself. here in Congress, hear their concerns or suck the votes without a trace, in The fact is we are going to have access and frustrations, and will continue to which too many voters try to register to statewide voter registration. The fight to see that their most basic of all to vote only to discover that their fact is we are making it possible for 20 democratic rights—the right to vote— names don’t appear on the roles or that million disabled Americans to cast a is secure. partisan political interests and those ballot independently and privately. Sadly, the concerns we are hearing that serve them have worked hard to I know personally what this is like, expressed today are all too familiar to throw up every barrier to recognize having watched a sibling of mine hav- those we heard exactly 4 years ago fol- them as lawful, in which too many vot- ing to cast a ballot with the help of lowing the debacle of the 2000 presi- ers will know that there are different someone else, despite two master’s de- dential election. elections for different parts of the grees and being a teacher for 40 years. Following the 2000 presidential elec- country and that these differences turn We also put into HAVA the require- tion, Congress responded to the prob- shamefully on differences of wealth or ment that every voter have the right lems which arose in Florida and other of race, in which too many voters have to see his or her ballot before actually states by enacting bipartisan legisla- to contend with State officials, serv- casting their ballot. HAVA required tion, the Help America Vote Act, which ants of the public, who put partisan or that all voters who are challenged, for I was pleased to coauthor. The goal of personal political interests ahead of any reason, have the right to cast a that bill was to ensure that every eligi- the public in administering our elec- provisional ballot. The Federal Court ble American would have an equal op- tions—in such circumstances, we have of Appeals for the Sixth Circuit of the portunity to cast a vote and have that an obligation to fix the problem. United States affirmed the absolute vote counted, regardless of race, gen- I have to add this is not a problem right to receive a provisional ballot, der, disability, language or party or unique to this election, and it is not a without any additional requirements. precinct; and, that it would be easier to partisan problem. Keep in mind, I come We have made great progress here. vote, but harder to defraud the system. from Cook County, from Chicago, in More needs to be done, clearly, if we The Help America Vote Act—or which there is a long record of these are going to make a Federal election HAVA—had the support of countless kinds of problems taking place and system exist where every vote will be civil rights, disability, language minor- disadvantaging Republicans as well as counted and every eligible person will ity and voting rights groups, and orga- Democrats. So I ask that all of us rise have an equal opportunity to vote. nizations representing state and local up and use this occasion to amend this I appreciate the opportunity here to governments. HAVA has been hailed as problem. talk about this. My hope would be that the first civil rights law of the 21st cen- The ACTING PRESIDENT pro tem- we would build bipartisan support, just tury and I am committed to ensuring pore. The time of the Senator has ex- as we did 2 years ago in adopting the that it is fully implemented as such. pired. The Senator from Connecticut is Help America Vote Act, in both bodies, While the results of the 2004 presi- recognized. and get the kind of bipartisan support dential election may not have been Mr. DODD. Mr. President, I commend necessary so the conduct of elections, contested in the same manner as those and thank our colleague from Cali- Federal elections, will have a system of the 2000 election, the jury is still out fornia who, as a result of her objection, that has the confidence of the voters of on whether HAVA successfully ad- has allowed us to have a couple of this country. dressed all the problems that arose in hours here to debate and discuss the I think it was Thomas Paine who, the 2000 election. While I believe there events that occurred on election day more than 200 years ago, said the right is still much work to do to ensure the this year. I thank her for doing that. to vote is the right upon which all franchise for all Americans, I am con- Whatever occurred during the day, I other rights depend. If you don’t get fident that without HAVA, thousands think it is important that this body this right, every other right is in jeop- of eligible American voters would not

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We ought to do it in forms have yet to be implemented by unacceptable that a Federally-guaran- this one, so we never again have ques- the States. teed provisional ballot, cast for Presi- tions raised about the legitimacy of These reforms include: dent of the United States, may not be the election process or results, in any mandatory uniform and nondiscriminatory counted simply because of the local State, of a Federal election. requirements that all voting systems provide precinct that the otherwise eligible I look forward to working with my second-chance voting for voters; voter was standing in at the time he or colleagues, and the civil rights, dis- full accessibility for the disabled and lan- ability, language minority, and voting guage minorities; she voted. We know from the November elec- rights communities, as well as State a permanent paper record for manual au- and local election officials, to continue dits; tions that election officials did not uniform standards for what constitutes a provide sufficient numbers of machines our work to ensure that all Americans vote and how such a vote will be counted for to ensure that all voters could vote in have access to the most fundamental each type of voting system used by a State; a timely manner. We also know that right in a : and many voters, such as those in Ohio, the right to cast a vote and have that a computerized statewide voter registra- vote counted. tion list which must contain the name and were still forced to vote on antiquated equipment such as the punch card I yield the floor. registration information for every eligible The PRESIDENT pro tempore. Is which disenfranchises minority voters voter in a State and be electronically avail- there a Senator who has not spoken at greater rates than other voters, or able to every State and local election official who wishes to speak on this matter? at the on election day. use ballots that are confusing. And we The Senator from Ohio. Had these additional reforms been in know that some states still insist on Mr. VOINOVICH. Mr. President, I place on election day this November, purging voters based on inaccurate rise today as a Member of the body who many of the Election Day problems lists and refuse to reinstate the voting recently was sworn in for his second that arose across the country could rights of felons, even after they have term. In my first 6 years as a Senator have been avoided or resolved at the completed their debt to society. of the United States in this institution, polling place. It is time to consider whether, for I faced challenges unprecedented in But one of the HAVA reforms that Federal elections, there is a national this country’s history. was in place this November did make a responsibility to ensure that no matter While we have made tremendous difference: the requirement that all where and how a ballot is cast for the progress making our Nation more se- States provide a provisional ballot to office of the President of the United cure, increasing America’s competi- voters who are challenged at the polls, States, all Americans will have con- tiveness in the global marketplace, and for any reason. This requirement en- fidence that their vote was cast and upholding the Federal Government’s sured the franchise for thousands of counted in a uniform and nondiscrim- promise to seniors by enacting a pre- Americans on November 2 last year. inatory way. scription drug benefit through Medi- In Ohio alone, 155,000 voters cast pro- I will be introducing comprehensive care, we still have serious problems visional ballots, of which an estimated election reform legislation when we re- confronting our Nation. 77 percent were counted. That rep- convene which will build on HAVA and On November 2, voters across this resents over 119,000 American voters address these and other issues. My pro- Nation chose their Government that who otherwise might not have been posal will: will face these forthcoming challenges. able to cast a vote or have their vote require states to provide enough machines, The voters of Ohio and our Nation counted, but for HAVA. and ensure they are geographically distrib- chose President George W. Bush. Even Some States, including Ohio, at- uted; with a recount in Ohio, President Bush tempted to restrict the right to a pro- ensure that the provisions of HAVA that require that voters have a chance to verify won my State by over 118,000 votes. As visional ballot, but were ultimately un- their ballot before it is cast and that an a Republican from Cleveland who has successful. The Federal Court of Ap- audit trail exists to establish that such bal- been reelected as a Republican from peals for the 6th Circuit of the United lot was counted are implemented; Cleveland, elected to Federal, State, States affirmed the absolute right to require states to offer extended voting county, and municipal offices, I am liv- receive a provisional ballot, without times to ensure that single parents, the dis- ing proof Ohioans know how to count any additional requirements, in the de- abled, and those who simply cannot get to ballots and, more importantly, we cision of Sandusky vs. Blackwell de- the polls on the one day can still cast their vote; count fairly. cided on October 26, just one week ensure that only eligible voters can vote, (Disturbance in the Visitors Gallery.) prior to the election. but that no voter who is eligible will be The PRESIDENT pro tempore. There More importantly, that decision barred from the polls simply because he or will be order in the galleries, please. upheld the right of an individual voter she did not check a box on a form; and The Sergeant at Arms will remove peo- to seek judicial redress of the rights require the reinstatement of felons for the ple from the gallery if there is no order conferred by HAVA and upheld HAVA purpose of casting a Federal ballot. in the gallery. as a civil rights law enforceable as such And my legislation will provide the Mr. VOINOVICH. It is clear that in the courts. Federal funds necessary to ensure that those who persist in beating a dead As with any comprehensive civil the states can timely implement the horse are attempting to create uncer- rights legislation, HAVA’s reach and reforms. tainty where none exists. That is why I effectiveness will have to be hammered The Help America Vote Act is an his- am so disappointed that this body is out by the courts. As that process toric landmark legislation that com- squandering its time playing Monday- plays out, coupled with the States’ im- prehensively defines, for the first time morning quarterback when the result plementation of the remaining HAVA in this Nation’s history, the role of the of Ohio’s Presidential election is clear. reforms, we will be in a better position Federal government in the conduct of President George W. Bush won my to assess whether this landmark legis- Federal elections. It was an important home State and its 20 electoral votes. lation hit the mark or needs further re- first step, but our work is not done. Frankly, I am proud of how the elec- form. The real test, however, will be not so tion went in Ohio. Hundreds of thou- But it is already clear, based on the much on how we vote in the next few sands of new voters took part in their November election, that it will take minutes on some resolution here, but democracy this past November, in- further reform to ensure that all eligi- whether in the coming days we are creasing Ohio’s voter participation rate

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There will always be some irreg- Ohio’s Secretary of State Kenneth would be a recorded vote? ularities, most due to innocent mis- Blackwell and the bipartisan election The PRESIDENT pro tempore. The take, some to outright fraud. We boards across the State did a tremen- yeas and nays have been ordered and should absolutely do everything pos- dous job to ensure that the election the question will be placed before the sible to combat this. was fair and the results were without body. But if electoral reform is needed, question. I want to publicly applaud Mr. LOTT. Mr. President, I think the Senators should introduce legislation. the good work of those dedicated public case has been made. I think this was an They should not obstruct a legitimate officials. unfortunate procedure. This process count of the electoral votes where It is time to put this election to rest. which we have been through was an in- there is an unequivocal victor. They Editorial boards from Ohio newspapers, auspicious and unfortunate beginning should not trample on the proud repub- many of which endorsed Senator of our session. I hope it does not have lican government our Founding Fa- KERRY, agree as well. The so-called re- a lasting negative impact. But the Sen- thers bequeathed us. They should not count effort is a circus that needs to ator from California, Mrs. BOXER, made mock the beautiful concept that sov- pack up and leave town, is what one of her case, others have responded, and I ereignty lies with the people, while our them said. don’t think it merits any further re- troops are fighting and dying to plant The Akron Beacon Journal, a news- sponse. I, therefore, think we should be that concept in the soil of Iraq. paper that endorsed Senator KERRY, prepared to vote. Even the junior senator from Massa- stated on December 24: I yield the floor. chusetts has not endorsed the radical The allegations being thrown around are of Mr. MCCONNELL. Mr. President, 204 scheme that a minority of a minority the flimsiest nature. . . . Not one shred of years ago, Thomas Jefferson took the has unleashed on us today. In an e-mail evidence has been presented to show that oath of office as President of the to supporters yesterday, Senator Ohio’s strictly bipartisan system of running United States in this very Capitol. He KERRY said that he would not partici- elections was manipulated. There isn’t any. was the first President ever to do so. pate in this petulant protest but, rath- The Cleveland Plain Dealer, on De- As he walked from a boardinghouse on er, will propose legislation to address cember 15: Pennsylvania Avenue toward this perceived deficiencies in our electoral Ohio’s bipartisan elections system makes building on the morning of his inau- system. This is the only proper route the kind of GOP conspiracy that some allege guration, he must have marveled at to take, and history will applaud Sen- all but impossible to execute. Every county what was about to take place. ator KERRY for disavowing what is hap- board of elections consists of two Democrats For the first time in American his- pening here today. and two Republicans. So, when (Jesse) Jack- tory, power was changing hands from son and other national Democrats question This is an ignominious beginning to Ohio’s outcome, they demean their own al- one party—the —to the the 109th Congress. Last month I spoke lies. other, the Democratic-Republicans. about the desire on this side of the William Anthony Jr., the African John Adams willingly left office. No aisle to work with our colleagues in American who chairs both the Frank- shots were fired, and no monarchs were the other party to get things done for lin County Democratic Party and its hanged. Unlike their brethren in Eu- the American people in a spirit of bi- election board, has been personally rope, Americans, under our glorious partisanship. I’m still holding onto stung by Jackson’s slander. ‘‘Why Constitution, had mastered the peace- that hope. I appeal to cooler heads on would I sit there,’’ Mr. Anthony said, ful transfer of authority from one fac- the other side of the aisle: Don’t let a ‘‘and disenfranchise my own commu- tion to another. Jefferson called his fraction of your number march you nity?’’ election the ‘‘ of 1800,’’ down a dead end. The Columbus Dispatch on December brought about ‘‘by the rational and The words that we say here today 12, 2004, states: peaceful instruments of reform, the amount to little against the fact that of the people.’’ [John] Kerry understands that Bush legiti- in 2004, the President won an over- mately won the election, which was why he But America’s tradition of this whelming victory in Ohio and 30 other conceded on November 3rd. Those who claim peaceful transfer of power is now being States, and received 286 electoral votes. that Ohio’s vote was rigged have produced challenged. Years from now, that fact will still be nothing that approaches credible evidence. The obstruction of the counting of obvious. I hope that the damage done An editorial that appeared on Tues- the electoral vote undermines the tra- from this assault on our traditions is day, January 4, just this week, in my dition that Jefferson and Adams estab- not. hometown newspaper, the Cleveland lished. By blocking this vote when Mr. President, I yield the floor. Plain Dealer, said: there is no possibility whatsoever of The PRESIDENT pro tempore. Is The 176 Democrats who sit on Ohio’s coun- overturning the result, the legitimacy there any Senator who has not spoken ty election boards pondered their jurisdic- of our republican form of government who wishes to speak on this issue? tions’ results, accepted their subordinates’ is questioned. I am sure that is not the If not, the question is, Shall the ob- good work, and are turning their energies to- intention of my colleagues who have jection submitted by the gentlewoman ward the future. forced us to debate this. Yet it is un- from Ohio, Ms. TUBBS JONES, and the Across the country, people are mov- doubtedly the result. Senator from California, Mrs. BOXER, ing forward after nearly 2 years of a I understand that a minority of a mi- be sustained? continuous for the nority protests the presidential vote in The yeas and nays have been ordered, Presidency. the State of Ohio. But President Bush and the clerk will call the roll. This country deserves to be able to has indisputably won that State by The assistant legislative clerk called put this undisputed election to rest. We over 118,000 votes, and the votes have the roll. need to stop wasting time and move on been counted twice. Mr. MCCONNELL. The following Sen- to the serious issues facing our Nation. Some of my colleagues have claimed ators were necessarily absent. The Sen- I yield the floor. that, even though they agree that ator from Virginia (Mr. ALLEN), the The PRESIDENT pro tempore. Is President Bush has won Ohio, they Senator from Kentucky (Mr. BUNNING), there any Senator who has not spoken must take this opportunity to speak the Senator from Montana (Mr. who wishes to speak? about the need for electoral reform. I BURNS), the Senator from Idaho (Mr. The Senator from Mississippi. submit that hijacking a presidential CRAIG), the Senator from Nevada (Mr.

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ENSIGN), the Senator from Tennessee tion of the Senate, informing that body And I am confident that President (Mr. FRIST), the Senator from Texas that the Senate is now ready to pro- George H.W. Bush and President Bill (Ms. HUTCHISON), the Senator from Ari- ceed to joint session with further Clinton will do an excellent job in lead- zona (Mr. MCCAIN), the Senator from counting of the electoral vote for ing a nationwide charitable fundraising Alaska (Ms. MURKOWSKI), the Senator President and Vice President. effort to sustain awareness about the from Alabama (Mr. SHELBY), the Sen- f disaster and raise additional assist- ator from Rhode Island (Mr. CHAFEE), ance. the Senator from Indiana (Mr. LUGAR), INDIAN OCEAN TSUNAMI RELIEF We are a generous, giving, and caring the Senator from Florida (Mr. - ACT people and through our actions we will TINEZ), the Senator from Wyoming (Mr. The PRESIDING OFFICER. Under earn the world’s respect and admira- THOMAS). the previous order, H.R. 241 having tion. We will show the victims and Further, if present and voting, the been received from the House, the bill their families that America is always Senator from Louisiana (Mr. VITTER), is considered read the third time and ready to help a neighbor and a friend in the Senator from Oklahoma (Mr. passed, and the motion to reconsider is need. INHOFE), the Senator from Arizona (Mr. laid on the table. I am pleased the resolution was KYL), and the Senator from Arizona The bill (H.R. 241) was read the third passed by Unanimous Consent. (Mr. MCCAIN) would have voted ‘‘nay’’. time and passed. f Mr. DURBIN. I announce that the Mrs. FEINSTEIN. Mr. President, I JUDICIAL Senator from Hawaii (Mr. AKAKA), the rise today to express my support for Senator from Indiana (Mr. BAYH), the the resolution submitted this week by Mr. DURBIN. On Tuesday of this Senator from New (Mr. BINGA- Senator FRIST and Senator REID ex- week, the majority leader came to the MAN), the Senator from New Jersey pressing sympathy and support for the Senate floor and talked about judicial (Mr. CORZINE), the Senator from Cali- victims of the devastating earthquake nominations. He said he was planning fornia (Mrs. FEINSTEIN), the Senator and tsunami. to have a vote next month on one of from Massachusetts (Mr. KERRY), the Words cannot begin to describe my President Bush’s judicial nominees. He Senator from Louisiana (Ms. LAN- emotions when I first learned of the didn’t say which nominee he had in DRIEU), and the Senator from Wash- scope of the disaster and the loss of mind, but he gave a clear signal that it ington (Mrs. MURRAY) are necessarily life. More than 140,000 people from 12 would be someone controversial. He absent. warned that if Senate Democrats pre- The PRESIDING OFFICER (Mr. nations have perished to date and the number could double or triple as a re- vent the nominee from receiving an CRAPO). Are there any other Senators ‘‘up or down’’ vote, then he would try sult of infectious diseases spread in the in the Chamber desiring to vote? and change the rules and traditions of disaster’s aftermath. The result was announced—yeas 1, the U.S. Senate. The victims, their families, and all nays 74, as follows: I am sorry to see that the majority the affected countries are truly in my [Rollcall Vote No. 1, Joint] leader chose to sound such a partisan YEAS—1 thoughts and prayers. When I visit the note on a famously bipartisan day—the Indonesian Embassy this week to sign Boxer first day of the new Congress. On such the condolence book, I will do so with a day, we swear in our new colleagues NAYS—74 a heavy heart but also a commitment Alexander Domenici Nelson (FL) and strive for a fresh start. to ensure that we do everything in our I do not believe this is the time or Allard Dorgan Nelson (NE) power to help in the rescue, recovery, Baucus Durbin Obama the place to engage on this issue. There Bennett Enzi Pryor and reconstruction efforts. are too many other, more urgent prob- Biden Feingold Reed I welcome the President’s commit- lems facing this world and this Nation. Bond Graham Reid ment to provide $350 million in relief Brownback Grassley But it is important to address a few Roberts and as a member of the Senate Appro- Burr Gregg Rockefeller statements made by the majority lead- Byrd Hagel Salazar priations Committee, and I stand ready er that I believe are in error. Cantwell Harkin Santorum to do my part to designate a robust and Carper Hatch First, he stated that ‘‘the Senate Sarbanes Chambliss Inouye comprehensive aid package. Initially, failed to perform in an essential con- Schumer Clinton Isakson we must provide emergency supplies Sessions stitutional duty’’ last Congress when Coburn Jeffords Smith such as water, sanitation, food, and we blocked ten judicial nominees. He Cochran Johnson shelter to prevent the spread of disease Coleman Kennedy Snowe said that the Senate ‘‘failed to offer ad- Collins Kohl Specter and give people hope. vice and consent to the President’’ and Conrad Lautenberg Stabenow There is little time to lose. indicated this was an unconstitutional Cornyn Leahy Stevens Yet our work and our commitment Sununu action on the part of Senate Demo- Crapo Levin must not end there. Together with our Dayton Lieberman Talent crats. DeMint Lincoln Thune friends and allies in the international I do not believe that the Senate acted DeWine Lott Voinovich community, the United Nations, and unconstitutionally. The Constitution Dodd McConnell Warner vital organizations such as the Red Dole Mikulski Wyden requires advice and consent—it does Cross we will develop a long term relief not require us to be a rubberstamp. I NOT VOTING—25 and reconstruction plan with substan- could just as easily assert that Presi- Akaka Ensign Martinez tial funding. Too often when a disaster dent Bush acted unconstitutionally by Allen Feinstein McCain leaves the headlines and the top of the Bayh Frist Murkowski not soliciting the advice of Senate Bingaman Hutchison Murray news broadcasts, we forget that the Democrats before nominating most of Bunning Inhofe Shelby work has only just begun and the vic- his nominees. After all, Article II, Sec- Burns Kerry Thomas tims and their families need to know tion 2 of the Constitution requires the Chafee Kyl Vitter Corzine Landrieu that we are with them for the long advice and consent of the Senate. Craig Lugar haul. There is no constitutional right for The PRESIDING OFFICER. The ob- Indeed, this is an important oppor- any President to have 100 percent of his jection is not sustained. tunity to show the world the best of judicial nominees confirmed. During Mr. MCCONNELL. Mr. President, I America and the American people. President Bush’s first term, the Senate move to reconsider the vote and to lay Americans have already donated confirmed 204 judicial nominees. Presi- that motion on the table. more than $100 million through non- dent Bush had more judicial nominees The motion to lay on the table was governmental organizations to support confirmed in his first term than the agreed to. relief efforts and thousands more stand previous three presidents had in theirs. The PRESIDING OFFICER. The Sec- ready to volunteer their time, energy, A second error made by the majority retary will notify the House of the ac- and skills. leader was his statement that ‘‘these

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Throughout his career he showed far better treatment than President two of them is the wonderful smile she that he was a skilled politician as well Clinton’s. At least 61 of President Clin- always had whenever they walked into as a great policymaker. ton’s judicial nominees—representing a room together. They truly were a In addition to his duties as a House 20 percent of his selections—were de- fine couple. Member, he took on heading the Demo- nied an ‘‘up or down’’ vote on the Sen- I would also like to offer my sym- cratic Congressional Campaign Com- ate floor. In fact, they were denied an pathy to everyone in the Sacramento mittee this past election cycle—a par- ‘‘up or down’’ vote in the Judiciary area—you were so well served by this ticularly demanding and grueling posi- Committee. The majority leader did wonderful man. He has done a fantastic tion. Despite the enormous challenges not mention this critical statistic job representing you in Washington for he faced, he did a superb job in guiding when he spoke on Tuesday. the last 26 years and before that on the the committee through the elections. I also take issue with his statement Sacramento City Council. Throughout his long and distin- that ‘‘I seek cooperation not confronta- I have known Bob Matsui for a long guished career Bob Matsui proved to be tion.’’ If he truly meant that, he would time. I will remember him as a great a dedicated public servant and his con- not threaten to change the Senate human being, as a trusted colleague, as stituents considered themselves lucky rules and traditions next month. If he a fine public servant, and someone in to have his representation. I consider truly meant it, he would have urged whom I was very proud to place friend- myself lucky to have known him. the White House not to re-nominate ship, respect, and collegiality. We will truly miss him. those nominees who were rejected by Bob was a superb public servant. He Mr. BAUCUS. Mr. President, I rise the Senate last Congress. If he truly was a thoughtful, constructive leader today to join my colleagues in express- meant it, he would have done what who brought people together to find so- ing sympathies to the family of Rep- Senator HARRY REID did last month lutions for issues. He was resentative Bob Matsui, who passed and send a letter to the White House a reasoned voice; he was a dependable away over the weekend. I was shocked urging the President to engage in bi- voice. and saddened to hear the news about partisan collaboration in the selection When we faced a problem related to our old friend. of Federal judges. the Folsom Dam, Bob was one of the While few Montanans may know Bob Finally, I wish to note the majority most constructive figures in getting Matsui, he did embody one trait Mon- leader’s surprising rejection of the that very divided issue settled. tanans are familiar with. He was al- longstanding tradition of the Senate as Bob was also a good thinker and a ways willing to reach out to those a continuous body. In his statement, he strong thinker. People knew that when across the aisle to get the job done. He said that ‘‘I do not acquiesce to car- Bob Matsui said something that it was and I shared this work philosophy on rying over all the rules from the last steeped in practicality. He was well re- free trade especially. He was a tireless Congress’’ and he specifically named spected and influential among his col- advocate in the Congress for America’s Rule 22 as the rule he objected to. This leagues. trade agenda and was essential to the is the rule that permits 41 Members of If Bob told me something was true, I enactment of many historic inter- the Senate to prevent a vote on any knew it was true and not some vari- national agreements. measure, motion, or other matter ation of the facts. This is an important We will surely miss his leadership on pending before the Senate. quality in someone who represents oth- critical issues this next Congress, such All of us who have served in the ers because it gives them credibility as Social Security, one issue where the House and the Senate know that one of among their colleagues. Bob Matsui American people expect and deserve a the most basic differences between our had that credibility. healthy, vigorous, and open debate. chamber and the House is that the Sen- We have all heard the story of Bob’s And for that type of debate, you could ate is a continuing body and the House family and their internment at the certainly count on Bob Matsui to de- is not. In other words, the Senate does Tule Lake Camp in 1942. I think this liver. not have to reorganize itself each new probably had a very sobering impact on Despite starting his life as a child un- Congress by adopting new rules and his life. justly interned by his own Government electing new leaders. The House, on the I think he knew what could happen during World War II, Bob later rose to other hand, must do so. in situations of stress and military serve in that very Government at its It is my hope that the 109th Congress conflict. I think it presented a chal- highest echelons, as a Member of Con- can operate with more bipartisanship lenge to him as a young man growing gress. How proud his family must have and less acrimony than the previous up. He clearly overcame that challenge been to see this dynamic man elected Congress on the issue of judicial nomi- and I think it probably had an impact to public office, where he championed nations. But if my colleagues across in his knowing what he wanted to do legislation to apologize for the intern- the aisle try and change generations of with his life, and that was public serv- ment of Japanese American families Senate rules and traditions, it will not ice. such as his. Overcoming obstacles and be good for this body, and it will not be One of Bob’s most significant leg- injustices to rise to a level of public good for the American people. acies will be the work he did to help admiration, respect, and trust may f the government make amends with the sound like a Hollywood story; to Bob, Japanese Americans who were interned though, it was his life story. TRIBUTE TO CONGRESSMAN BOB during World War II. Wanda and I send our prayers and T. MATSUI As a member of Congress, Bob was sympathies to his family; his wife Mrs. FEINSTEIN. Mr. President, I successful in passing legislation that Doris, son Brian, daughter-in-law Amy, offer a few words about the passing of offered a formal apology from the gov- and granddaughter Anna. He will be Bob Matsui, one of California’s great ernment for the internment program greatly missed by us all. political leaders. and provided compensation to victims. Mr. SARBANES. Mr. President, it is Bob was one of those people who you This is a great legacy and it will be with great sorrow that I mark the pass- always thought would be there. His well remembered. ing of Representative Robert Matsui. death has come as a great shock and Another of the areas in which Bob ex- In his quarter-century of service rep- surprise to many. celled is his knowledge and expertise of resenting California’s Fifth District in

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the House of Representatives, Robert Congressman MATSUI leaves a legacy and money. The current forest plan Matsui won the deep respect and affec- of extraordinary integrity, commit- takes between 5 and 7 years; under the tion of everyone who ever worked with ment and strength. It is fitting that in new regulation the anticipated time- him. When he first ran for Congress, in his memory Bob Matsui’s family and frame is between 2 and 3 years. These 1978, he pledged to bring to the office friends have established The Matsui savings in both time and money will ‘‘a new form of statesmanship.’’ For Foundation for Public Service, which allow our land managers to more more than 25 years, on a daily basis, he will carry forward the principles to quickly complete on-the-ground fulfilled that promise, and his constitu- which he dedicated his life. I express projects to improve the health of our ents honored him for it. This past No- my deepest sympathies to his wife, Nation’s forests. vember they returned him to the Con- Doris Okada, his son Brian, daughter- For too long our Nation’s forests gress for his fourteenth term, with 71 in-law Amy, and granddaughter Anna, have been imperiled because of a plan- percent of the vote. and thank them for sharing him with ning process that is too cumbersome Bob Matsui was a third-generation us these many years. and takes too long, and usually results Japanese American. Like so many of f in forest plans that are out-of-date by us, he was part of a family that had the time they are finished. I applaud come to the United States for the great U.S. FOREST SERVICE PLANNING the efforts of the U.S. Forest Service to opportunities this country offers, to REGULATIONS streamline our Nation’s forest planning build a better life for their children. Mr. COCHRAN. Mr. President, on De- process to reduce red tape and paper- Because Bob Matsui’s family was Japa- cember 22, 2004, The U.S. Department work. I am hopeful that this final rule nese-American, however, he and his of Agriculture Forest Service published will provide further tools for the U.S. parents were taken from their home in a final rule that will streamline the Forest Service in appropriately man- Sacramento in 1942, following the Japa- process used by the Forest Service in aging our Nation’s forests. nese attack on Pearl Harbor. They revising forest management plans. f were interned for more than three I am pleased that the Department years at Tule Lake, in one of the ‘‘relo- completed work on this important reg- MAKING A COMMITMENT cation centers’’ specifically created for ulation. Ultimately, this rule will help Mr. LEVIN. Mr. President, as we Japanese Americans. Bob Matsui him- local forest managers provide future begin a new Congress, I am hopeful self was very young at the time—bare- generations with healthier forests, that the Senate will consider and pass ly 6 months old at the time of intern- cleaner air, cleaner water and more sensible gun safety legislation for the ment, not yet 4 years old when the war abundant wildlife through more effi- benefit of our families, communities, ended but he felt deeply the confusion cient management of our forests and and police officers. The 109th Congress and anguish of the adults around him. grasslands. I am also pleased that this has the opportunity to act together on Yet he never lost faith in his country regulation builds upon one of the im- a bipartisan basis to pass legislation and in himself. Inspired by the Ken- portant lessons we learned during con- that will make our streets safer for all nedy administration to enter public sideration of the Healthy Forests Res- Americans. service, he dedicated his professional toration Act in the 108th Congress: em- In order to achieve a reduction in life to serving and protecting the phasis on actual forest management gun violence, we must commit our- rights of all Americans, first as a law- rather than administrative paperwork. selves to enacting legislation that sup- yer and then as a public official. He This will result in our forest managers ports this goal. The 108th Congress served 8 years on the Sacramento City being able to undertake important for- missed numerous opportunities to have Council before entering the Congress. est health projects rather than be over- a positive impact on safety in our com- But the experience of his early child- burdened with administrative proc- munities across the nation. In the last hood never left him, and in 1988 he was esses. Congress, we did not close the gun instrumental in ensuring enactment of Although the final planning rule is show loophole, we did not reauthorize the Japanese American Redress Act, very comprehensive, I would like to the 1994 assault weapons ban, and we which offered recognition of the ter- point out several key components: It failed to make needed improvements to rible, unconstitutional wrongs done to will for the first time incorporate im- the National Instant Criminal Back- Japanese Americans. plementation and outcome assessment ground Check System that would have As a senior member of the House into the forest planning process, which made it more difficult for convicted Ways and Means Committee, Bob Mat- will ensure that the forest planning criminals to gain access to guns. sui worked unstintingly to assure the process is a dynamic one that can Combating gun violence also requires safety net for those most in need: chil- quickly adjust to changing conditions. a commitment to funding effective gun dren, seniors, the disabled, the poor As we learned with the Healthy Forest violence prevention and enforcement and others who needed an advocate. As Restoration Act, a dynamic manage- programs. Unfortunately, the Fiscal the ranking minority member of the ment system allows the Forest Service Year 2005 omnibus appropriations bill Social Security Subcommittee, he was to address the most time-sensitive for- signed by the President in December one of the Social Security system’s est health issues such as wildfire, eliminated much of the funding for one best-informed and most eloquent advo- invasive species, or disease. It incor- of these programs, known as Project cates in the Congress. No one under- porates meaningful public participa- Safe Neighborhoods. stood better than he the indispensable tion throughout the planning process, The Project Safe Neighborhoods ini- role that Social Security plays in as- and ensures that the best available sci- tiative focuses on increased enforce- suring basic standards of security and entific information will be used in deci- ment of existing gun laws, vigorous dignity to Americans when their work- sion making. It contains a process that prosecution of crimes committed with ing years are over, and no one was will fairly and objectively allow us to handguns, and gun violence prevention more dedicated to keeping the system see whether the Forest Service is get- education. The project supports organi- intact. Robert Matsui believed in the ting the job done. This reporting proc- zations working against gun violence social insurance system that Rocke- ess will rely on independent reviews of and has provided over $1 billion in feller created to care for retirees, but Forest Service land management, will funding to help prosecute gun crimes, we as a society expanded to care for measure actual results against in- hire personnel, provide training, and younger citizens in need, the disabled, tended outcomes, and will incorporate assist with community outreach activi- widowed and survivors. He made poli- an audit process to produce publicly ties. It is critical that we provide ade- tics personal, and because he cared so available results. Finally, and most quate resources to programs like the deeply for others, he was able to be a importantly, this rule will streamline Project Safe Neighborhoods real leader in this realm. His voice will the planning process, which in turn in order to more effectively address the be sorely missed. will save the Forest Service both time gun violence epidemic in this country.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 176 CONGRESSIONAL RECORD—SENATE January 6, 2005 I urge my colleagues to join me in days, he was to be granted a 2-day fore Thanksgiving. Tragically, 5 days working to adequately fund effective leave. Tragically, he was killed by before he was set to return to Arkan- gun violence reduction programs and enemy fire on December 12th, a day be- sas, he was shot by a sniper while con- enact sensible gun safety legislation fore he was to leave the area. ducting patrols in Baghdad. As a result that will help to make our commu- At his memorial service in Camp, Ar- of the injury, he was flown to nities safer. kansas, more than 600 people would Landstuhl Army Medical Center in f come to pay their respects to their fall- Germany and then to Walter Reed Med- en Arkansas soldier. At the conclusion ical Center in Washington, DC. His par- HONORING OUR ARMED FORCES of the service, Cpl. Clairday was buried ents, Donald Ray and Deborah and his CORPORAL JASON SCOT CLAIRDAY with full military honors. The flag that sister, Lai, came to visit him in the Mrs. LINCOLN. Mr. President, I rise had draped his casket was presented to hospital’s intensive care unit. Al- today, to honor a young man from Ar- his young widow with the Purple Heart though Sgt. Smith never regained con- kansas who had a passion for life, a gift that he had posthumously earned for sciousness in his 2 weeks at Walter for bringing smiles to the faces of those his gallant service on behalf of a grate- Reed, his family was with him in his around him, and a sense of duty toward ful nation. final moments before he passed away the country and the people he would When we think of Jason Clairday, we on November 26. serve with honor. Jason Scot Clairday will remember that he gave himself At his memorial service in Camden, was a loving husband, son, brother and completely to every aspect of his life; Sgt. Smith’s coffin, surrounded by red, friend. He was also a brave soldier who his family, his community, and his white, and blue flowers, was placed at died a hero, trying to bring freedom to country. The legacy of his 21 years is a the front of his high school gym- a people he had never met in a country testament to who he was. The love, the nasium. Throughout the service and in he had never known. humor, the selflessness, and the pas- the aftermath of his son’s passing, Cpl. Clairday was the type of person sion with which he taught us to live Donald Ray Smith described the out- others were naturally drawn to. He our lives, will remain with us forever. pouring of love from the community as showed a genuine interest in their well- My thoughts and prayers go out to his ‘‘remarkable.’’ It was a testament to being and his gentle nature and infec- wife, Sarah, to his family, and to all the gratitude of a community fully tious smile could brighten the darkest those who knew and loved him. aware of the ultimate sacrifice paid by of moods. It was apparent to everyone SERGEANT MICHAEL A. SMITH their fallen Arkansas soldier in the around him that he approached every Mr. President. Today, I humbly rise name of freedom. day with a rare enthusiasm and love to pay tribute to the life of Michael A. In the 24 years Michael Smith was for life. The youngest of three boys was Smith and to honor the sacrifice he with us, the impressions he made and often found playing sports or fishing made on behalf of a grateful nation. the lives he touched will never be for- and hunting along a nearby creek, en- Sergeant Smith was a friendly, easy- gotten. Although he will be deeply joying the outdoors and the time spent going young man who had one of those missed by us all, it is his selflessness, with his friends and family. After mov- rare personalities that allowed him to his courage, and his heart that we will ing to the small northern Arkansas quickly make friends with everyone he remember when we think of him. My town of Salem, he did what he did best, met. He was also a brave soldier, who thoughts and prayers go out to Donald made friends, and quickly distin- died a hero, fighting for the beliefs, the Ray, Deborah, Lai, and the rest of his guished himself by excelling in high people and the country he cared for family, friends and loved ones. school athletics and becoming an ac- deeply. f tive member of the First Baptist Sgt. Smith was born and raised in . the small, southern Arkansas town of SERGEANT JEREMY R. WRIGHT Cpl. Clairday enlisted in the United Camden. There, he is remembered by Mr. BAYH. Mr. President, I speak States Marine Corps shortly after grad- those who knew him best as a good and today with a heavy heart and deep uating from Salem High School in 2001. gentle soul, who was always concerned sense of gratitude in honor of the life It was a decision he was proud to make about the welfare of others, and often of a brave young man from Shelbyville, and members of the First Baptist went out of his way to help them when- IN. SGT Jeremy R. Wright, 31 years Church remember the pride with which ever they were in need. Upon his 1999 old, died on January 3 during a patrol he wore his Marine dress blues while graduation from Camden Fairview when the vehicle he was riding in was attending service. On July 30, just High School, Sgt. Smith set his sights struck by a roadside bomb near Kabul. weeks prior to his deployment to Iraq, on Southern Arkansas University With his entire life before him, Jeremy Cpl. Clairday married the love of his Tech. Attending the university would risked everything to fight for the val- life, Sarah. After his military service, allow him to stay close to his family in ues Americans hold close to our hearts, he looked forward to returning home to Camden while pursuing his interest in in a land halfway around the world. be with her, attending Arkansas State computers. To help pay his way A 1992 graduate of Southwestern High University at Mountain Home, and through college, Sgt. Smith joined the School, Jeremy went on to attend Wa- building a family life. He felt his expe- Arkansas Army National Guard. Once bash College where he won the NCAA rience in the Marine Corps was a way he completed his military service, he Division III Great Lakes regional title to better prepare him for that future. had plans to return home and begin his in 1993 for distance running and grad- While in Iraq, Cpl. Clairday some- education. uated with honors as a chemistry times spoke with friends and loved Sgt. Smith became a member of the major. Jeremy joined the Army in 2002, ones of liberating the war-torn country Guard’s 39th Support Battalion. He was pursuing his long-time fascination with and making a better life for the Iraqi later called up to serve in Operation the military. Like most things Jeremy people. While he never talked much Iraqi Freedom, where he was stationed set his mind to, he was successful in about the war, he preferred instead to at Camp Taji, about 16 miles northwest his military career, becoming a mem- talk about the end of his enlistment in of downtown Baghdad. To his comrades ber of the elite Green Beret. Wabash the spring, the future and coming home in the 39th, ‘‘Smitty’’ quickly became spokesman Jim Amidon shared memo- to be with his new wife and his family. one of the guys; a dedicated soldier ries of the former student with the As- Sarah last spoke with her husband on who never complained, always did his sociated Press, saying his ‘‘rare com- December 3rd, when he was scheduled duty, and could be entrusted with the bination of intellect, courage, dis- to enter Fallujah for 10 days with his lives of those around him. cipline and passion made him a natu- fellow marines in an attempt to bring This November, family and friends of rally brilliant distance runner . . . greater stability to the city prior to Sgt. Smith were excited with the news Those are the same qualities that made the Iraqi national elections slated for that he would be taking his leave of him a fine soldier, too, the kind of offi- January. At the conclusion of the 10 service, and would possibly be home be- cer our country needs in the military.’’

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Shortly President, which have forged strong leaves behind his mother, Jackie Nick- thereafter he was detailed to the Sen- ties despite the distance between them. el and his father, Dale Wright. ate where he became the staff printer Thanks to a historian’s efforts, these Today, I join Jeremy’s family, his on the Senate Select Committee on Nu- towns share a bond that affirms the friends and the entire Shelbyville com- trition and Human Needs and, later, power of international friendship and munity in mourning his death. While the staff printer for the Senate Foreign the enduring legacy of President Ruth- we struggle to bear our sorrow over Relations Committee. Mr. Ehrenfreund erford B. Hayes. this loss, we can also take pride in the truly exemplified the positive work In 1878, President Hayes arbitrated a example he set, bravely fighting to ethic and dedication to his job and was boundary dispute between Paraguay make the world a safer place. It is his named the Chief Clerk in the Office of and Argentina, awarding new territory courage and strength of character that Printing Services in 1985. In 1990 he re- to Paraguay. The country named a de- people will remember when they think tired from the staff of the Secretary of partment and a city, near the national of Jeremy, a memory that will burn the Senate and retired to Katy, TX. capital of Asuncion, for him. John brightly during these continuing days Mr. Ehrenfreund passed away on July Fatherley of Chicopee, MA, is a histo- of conflict and grief. 14, 2004. His work in the Senate de- rian who studies President Hayes. Dur- Jeremy was known for his dedication serves special recognition, and I know ing college studies in Paraguay, he to family and his love of country. my colleagues will join me in honoring learned about the country’s respect for Today and always, Jeremy will be re- him. Mr. Ehrenfreund was held in high our 19th President, whose decision in membered by family members, friends regard by all who knew him and will be 1878 enlarged Paraguay by 30 percent. and fellow Hoosiers as a true American deeply missed by his wife of 48 years, Mr. Fatherley has since sought to hero and we honor the sacrifice he Sylvia, their two daughters and five promote ties between Hayes Center and made while dutifully serving his coun- grandchildren.∑ Villa Hayes. He has traveled to Ne- try. f braska to educate Hayes Center stu- As I search for words to do justice in dents about the President for whom honoring Jeremy’s sacrifice, I am re- ADDITIONAL STATEMENTS their town is named. He has also minded of President Lincoln’s remarks brought documents on President Hayes as he addressed the families of the fall- from the U.S. to Paraguay. In return, IN RECOGNITION OF THE NA- en soldiers in Gettysburg: ‘‘We cannot Villa Hayes presented Mr. Fatherley TIONAL FUNERAL DIRECTORS dedicate, we cannot consecrate, we with its town seal, which he donated to ASSOCIATION cannot hallow this ground. The brave the Hayes Center Historical Society in men, living and dead, who struggled ∑ Mr. KOHL. Mr. President, I recognize Nebraska. here, have consecrated it, far above our the fundraising efforts of the National Nebraskans are fortunate to share poor power to add or detract. The Funeral Directors Association NFDA. this connection with our South Amer- world will little note nor long remem- The NFDA is the largest funeral serv- ican friends and to have benefited over ber what we say here, but it can never ice organization in the world and is the years from Mr. Fatherley’s admi- forget what they did here.’’ This state- dedicated to funeral service profes- rable efforts. He has promoted inter- ment is just as true today as it was sionalism and quality. national cooperation between Nebras- nearly 150 years ago, as I am certain The recent tsunami tragedy in South kans and Paraguayans and honored the that the impact of Jeremy’s actions Asia has created a desperate need for memory of a president too often forgot- will live on far longer than any record monetary donations to charitable orga- ten. In an age when the well-being of of these words. nizations participating in the relief ef- any nation depends on so many others, It is my sad duty to enter the name fort. In a direct response to President it is more important than ever to of Jeremy R. Wright in the official Bush’s nationwide appeal to assist tsu- strengthen the ties between Americans record of the for nami victims, the NFDA has estab- and our fellow human beings around his service to this country and for his lished the Funeral Service Asian Relief the world. profound commitment to freedom, de- Fund. The NFDA has asked its mem- I wish to express my admiration, mocracy and peace. When I think about bers, funeral service suppliers, and do- therefore, for Mr. Fatherley and the this just cause in which we are en- mestic and international allied organi- towns of Hayes Center, NE, and Villa gaged, and the unfortunate pain that zations to contribute to this endeavor. Hayes, Paraguay. Mr. Fatherley’s work comes with the loss of our heroes, I All contributions will be directed to an has revealed a small but important hope that families like Jeremy’s can appropriate charitable organization. piece of common ground between the find comfort in the words of the proph- The generosity and caring of the fu- United States and Paraguay. He has et Isaiah who said, ‘‘He will swallow up neral service industry was dem- also taught students in a small Ne- death in victory; and the Lord God will onstrated during past humanitarian braska community about the world be- wipe away tears from off all faces.’’ crises such as the September 11th ter- yond their walls. Both these things are May God grant strength and peace to rorist attack and the Oklahoma City essential to continued American pros- those who mourn, and may God be with bombing. This new effort further perity and leadership in these chal- all of you, as I know He is with Jer- proves the commitment of the NFDA lenging times.∑ emy. to utilizing its resources for the benefit f f of those experiencing great hardship. I commend the charity of the members 150TH ANNIVERSARY OF TRIBUTE TO JERRY of the National Funeral Directors As- WARRENSBURG, MISSOURI EHRENFREUND sociation during this time of need in ∑ Mr. TALENT. Mr. President, I rise ∑ Mrs. HUTCHISON. Mr. President, I South Asia.∑ today to salute the citizens of take this opportunity to honor and pay f Warrensburg, , in celebration of tribute to a distinguished individual, their 150th anniversary as an incor- Jerry Ehrenfreund, who served as Chief HAYES CENTER AND VILLA HAYES porated town. Clerk in the Office of Printing Services ∑ Mr. NELSON of Nebraska. Mr. Presi- The town of Warrensburg was incor- from 1985 to 1990. dent, Hayes Center is in the south- porated in 1855 as a community proud Mr. Ehrenfreund spent a lifetime in western part of my home state of Ne- of its heritage and loyal to the ideals, dedicated service to his country, serv- braska. Villa Hayes is in the south- traditions and institutions that have

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 178 CONGRESSIONAL RECORD—SENATE January 6, 2005 contributed to the success and growth to his work at Argonne National Lab, a tenure. He continuously has encour- of the city. friend and respected Idahoan, John aged a culture of professional improve- Warrensburg prides itself as being a Sackett, is retiring to pursue a quieter ment, fostering team leadership and self-contained city with a vibrant em- life with his family. John served in a activity to meet district goals, while at ployment base, excellent education number of positions in the Lab over the the same time, taking care of the peo- system, active cultural scene, and past 34 years, the most recent being di- ple with whom he works. Dave had a many civic events and activities for rector or Argonne National Lab West strong, positive impact on the morale residents to enjoy. located at Idaho National Environment of the district’s Planning, Programs, Warrensburg serves as the county and Engineering Lab in southeast and Project Management Division em- seat for Johnson County, and is cur- Idaho. He has earned international rec- ployees as well as Project Delivery rently home to 17,075 residents who are ognition and respect for his work in Team members. He always made time served by an excellent school system the areas of nuclear safety and ad- to recognize deserving individuals or which has been accredited with Dis- vanced reactor design. discuss any problem that arose. His tinction in Performance by the Mis- I have had the privilege of working genuine concern for every member of souri State Board of Education. The with John the entire time I have served his team was reflected in his many Warrensburg School System has also in Congress. Over the past 12 years, I messages, letters, awards, and hallway been named a Gold Medal School, rank- have witnessed his steady leadership, greetings. ing them among the Nation’s top 18 commitment to the goals of the Lab Dave oversaw the operation of the percent of schools. The community is also the proud and DOE. John and I share a fervent Account Executive Program, which the home of Central Missouri State Univer- belief in the role of nuclear energy and Nashville District uses to establish and sity, which has provided quality post- research in economic, technological, strengthen relationships with cus- secondary education for more than 130 security and energy sectors. tomers and find ways to meet regional years. This comprehensive university Perhaps what is most remarkable is and national needs. He also led the ef- annually serves nearly 14,000 students that despite the tremendous demands fort to partner, both formally and in- from all over the State, Nation, and of his work at Argonne, he finds the formally, with the States of Tennessee world, and offers more than 150 areas of time to give back to his community, and Kentucky, Tennessee Valley Au- study at the undergraduate and grad- serving on numerous medical and eco- thority, TVA, Southeastern Power As- uate levels. nomic boards and councils in eastern sociation, SEPA, Tennessee River Val- The city’s heartland work ethic and Idaho as well as on the advisory boards ley Authority, TRVA, Tenn-Tom Wa- community pride make it a great place of both the University of Idaho and terways, Metro Nashville, and other to do business, with several local com- Idaho State University. governmental and industry groups to panies which have grown into national Argonne National Lab’s loss is cer- maximize program and project accom- and international prominence aided by tainly John’s family’s gain, as well as plishments. Dave has been one of the the exceptional workforce and afford- the gain of any organization in which strongest, most consistent driving able business climate. Warrensburg is he decides to invest his retirement en- forces behind the plan for the new home of EnerSys, G.E. Transportation ergy. He has my best wishes in his re- $320,000,000 lock on the Tennessee River Systems, ThyssenKrupp Stahl Com- tirement.∑ at Chickamauga Dam. By bringing a pany, Swisher Mower, Bomag Paving f TVA environmental impact statement Products, and the world headquarters HONORING DAVID L. DAY ON HIS up to Corps standards, he helped ad- of both Sigma Tau Gamma Fraternity RETIREMENT vance the authorization of and funding and Carlyle Van Lines. for this new lock. He also worked hard Warrensburg is also proud of its rich ∑ Mr. ALEXANDER. Mr. President, I with TVA, SEPA, and SEPA’s power diversity, with over 35 different lan- rise today to honor David L. Day on his customers to allow SEPA customers to guages spoken within the Warrensburg retirement from 35 years of public serv- fund rehabilitation of hydropower fa- School District, and over 30 faith com- ice as the Deputy Engineer for Pro- cilities in the Cumberland River basin, munities gathering for and grams and Project Management with a first in the Great Lakes and Ohio service each week. the Nashville District, U.S. Army River Division. Warrensburg is also the boyhood Corps of Engineers. During his 35 years I extend warm congratulations to home of John William ‘‘Blind’’ Boone, of Federal service, 33 with the Corps of Dave Day on his retirement. He will be the legendary ragtime composer and Engineers, from 1969 to present, Dave missed, but I know the citizens of Ten- piano player; home of the first gaso- held a clear vision and achieved a re- nessee join me in wishing him all the line-powered, push lawn mower in- markable string of successes in fur- best as he moves forward in life.∑ vented by Leonard Goodall; the origi- thering the mission of the Nashville f nal self-propelled mower and the zero- District and the U.S. Army Corps of turning radius riding lawn mower both Engineers. Dave has earned a reputa- IN RECOGNITION OF REVEREND invented by Max Swisher, who remains tion of being honest, fair, and profes- GLORIA L. CHERRY’S RETIREMENT a Warrensburg resident; and Errett sional with his coworkers. He began his ∑ Mr. CARPER. Mr. President, I rise Lobban Cord, inventor of Cord Auto- career with the Nashville District in today in recognition of the Reverend mobiles. October 1998 when he was selected as Gloria L. Cherry upon her retirement. Finally, Warrensburg is also the the Deputy District Engineer for Pro- Pastor Cherry has served the state of hometown of Old Drum, the hunting grams and Project Management and is dog for which Senator George Graham Delaware for countless years and her Vest’s ‘‘Eulogy on the Dog’’ was deliv- the senior civilian for the district with leadership over that span of time has ered, coining the idea that ‘‘man’s best more than 800 employees and a $140 won her the respect and gratitude of friend is his dog.’’ million annual operating budget. The our entire state. She has been, and re- I am honored to share Warrensburg’s district provides Federal engineering, mains, a trusted friend. proud history and its sesquicentennial planning, construction, project man- Pastor Cherry was born in New anniversary as a town with my col- agement, real estate, and environ- Church, VA, on July 3, 1935, to the late leagues, and I wish the people of mental services. His responsibilities in- Marvin and Bertha Trader. She came Warrensburg all the best for the fu- cluded budgeting, planning, and exe- to Delaware at a young age and at- ture.∑ cuting Civil Works and Interagency tended Phillip C. Showell Elementary f and International Services programs in Selbyville, DE, and received her under the project management busi- high school education from Howard JOHN SACKETT RETIREMENT ness process. High in Wilmington, DE. ∑ Mr. CRAPO. Mr. President, after Dave Day has distinguished himself Pastor Cherry is the wife of the late years of faithful service and dedication as a leader in many ways during his Christopher H. Cherry. The two met

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 179 and were married in Delaware on May and cafeteria, activity area and bed- agement Act (16 U.S.C. 1801 et seq.), I 1, 1976. Gloria is the proud and beloved rooms—all built through Pastor Cher- transmit herewith an Agreement be- mother of five children, Larry Robin- ry’s devotion and love for young peo- tween the Government of the United son, Garry Robinson, Addie Merchant, ple. This year, Glory Hall has been States of America and the Government Bertha Hardman and Lorri Jamison; leased to an organization called South of the Russian Federation extending eight grandchildren, Ryan, Rodney and West Keys, a Texas based organization the Agreement Between the Govern- David Robinson, Willie Hardman, III, with agencies throughout the United ment of the United States and the Gov- Christopher and Bobbie Merchant and States. This organization provides ernment of the Russian Federation on Winston, Shavon and Dionna Jamison shelter for immigrant children until Mutual Fisheries Relations of May 31, and one great grandson, Ryan Robin- they are reunited with family members 1999, with annex, as extended (the ‘‘Mu- son, Jr. here in the United States. tual Fisheries Agreement’’). The Pastor Cherry was ordained in Spain Through Reverend Cherry’s tireless present Agreement, which was affected in 1978 where she received her calling efforts, she has made a profound dif- by an exchange of notes in Moscow on from God. She studied under Pastor ference in the lives of thousands of March 3, 2003, and January 30, 2004, ex- Eliah Holland and became a licensed Delawareans. Upon her retirement, she tends the Mutual Fisheries Agreement minister in 1980. In 1983, she founded will leave behind a legacy of commit- to December 31, 2008. the First United Church of Gospel Min- ment to public service for both her In light of the importance of our fish- istries which in 2004 was renamed the children and grandchildren and for the eries relationship with the Russian Healing Wings Christian Center. rest of us to follow. I thank her for the Federation, I urge the Congress to give Pastor Cherry’s service has extended friendship that we share and for the in- favorable consideration to this Agree- far beyond the church and well into the spiration that she provides through a ment at an early date. community. Through the First United lifetime of caring. Although Pastor GEORGE W. BUSH. Church of Gospel Ministries, she, along Cherry is ending this particular chap- THE WHITE HOUSE, January 6, 2005. with a group of concerned citizens met ter of her life, she will open the next f to discuss the challenges facing young chapter by continuing to crusade for MESSAGES FROM THE HOUSE people such as teenage pregnancy, sub- those of us less fortunate. On behalf of At 9:36 a.m., a message from the stance abuse and discipline issues. As a all Delawareans, I congratulate her on House of Representatives, delivered by result, the Because We Care, Inc. com- a truly remarkable and distinguished Ms. Niland, one of its reading clerks, munity-based organization was formed. career and extend to her my very best announced that the House has agreed Through a grant from the Delaware De- wishes for every success in the future. to the following concurrent resolu- partment of Services for Children, I wish her and her family only the very tions, without amendment: Youth and Their Families, Pastor best in all that lies ahead for each of S. Con. Res. 1. Concurrent resolution to Cherry founded the Because We Care them.∑ provide for the counting on January 6, 2005, Alternative Middle School in Dover, f of the electoral votes for President and Vice DE. The Because We Care Alternative President of the United States. Middle School is a nonprofit agency MESSAGES FROM THE PRESIDENT S. Con. Res. 2. Concurrent resolution to ex- that provides continuing education to Messages from the President of the tend the life of the Joint Congressional Com- Kent County middle school children United States were communicated to mittee on Inaugural Ceremonies and the pro- who have been expelled or are on the the Senate by Mr. Williams, one of his visions of S. Con. Res. 93 and S. Con. Res. 94 of the One Hundred Eighth Congress. verge of expulsion. The Because We secretaries. The message further announced that Care Alternative Middle School serves f the five school districts located within the House has agreed to the following EXECUTIVE MESSAGES REFERRED Kent County, DE. The program focuses concurrent resolutions, in which it re- on learning skills, life skills, social As in executive session the Presiding quests the concurrence of the Senate: competencies and substance abuse/re- Officer laid before the Senate messages H. Con. Res. 1. Concurrent resolution re- sistance training. Her successes with from the President of the United garding consent to assemble outside the seat of government. young people are hailed by Super- States submitting sundry nominations H. Con. Res. 2. Concurrent resolution pro- intendents, Principals and parents which were referred to the appropriate viding for a conditional adjournment of the alike. committees. House of Representatives and a conditional By soliciting volunteers to act as (The nominations received today are recess or adjournment of the Senate. caseworkers, mentors and activity printed at the end of the Senate pro- The message also announced that the aides, the youth are exposed to one-on- ceedings.) House has agreed to H. Res. 2, resolving one relationships that routinely de- f that the Senate be informed that a velop into long-time friendships. Pas- AGREEMENT BETWEEN THE GOV- quorum of the House of Representa- tor Cherry’s philosophy is that chil- ERNMENT OF THE UNITED tives has assembled; that J. DENNIS dren do not have discipline problems; STATES OF AMERICA AND THE HASTERT, a Representative from the they have ‘love’ problems. Too many of GOVERNMENT OF THE RUSSIAN State of Illinois, has been elected them live in homes bereft of love. Pas- FEDERATION EXTENDING THE Speaker; and Jeffrey J. Trandahl, a cit- tor Cherry that providing a AGREEMENT ON MUTUAL FISH- izen of the State of South Dakota, has stable learning atmosphere along with ERIES RELATIONS OF MAY 31, been elected Clerk of the House of Rep- the love that every child needs, chil- 1999—PM 1 resentatives of the One Hundred Ninth dren can make the turn to a more posi- Congress. tive life with their families. The PRESIDING OFFICER laid be- The message further announced that In 1999, Pastor Cherry envisioned a fore the Senate the following message pursuant to section 1238(b)(3) of the homeless shelter for youths as a means from the President of the United Floyd D. Spence National Defense Au- of respite for parents and guardians States, together with an accompanying thorization Act for Fiscal Year 2001 who are struggling with employment report; which was referred jointly, pur- (Public Law 106–398), the Minority and housing for their families. Through suant to the order of January 30, 1975, Leader appoints Mr. Michael Wessel of additional grants, donations, and as modified by the order of April 11, Virginia, for a term of 2 years, to the blood, sweat and tears, her vision came 1986; to the Committees on Foreign Re- United States- Security Review to fruition through the building and lations; and Commerce, Science, and Commission. leasing of ‘Glory Hall.’ Glory Hall is a Transportation: The message also announced that dormitory living facility that To the Congress of the United States: pursuant to section 1238(b)(3) of the houses 18 youths. The Hall is equipped Consistent with the Magnuson-Ste- Floyd D. Spence National Defense Au- with a classroom, full-service kitchen vens Fishery Conservation and Man- thorization Act for Fiscal Year 2001 (22

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 180 CONGRESSIONAL RECORD—SENATE January 6, 2005 U.S.C. 7002), amended by division P of ceed with the counting of the electoral ington; Establishment of Final Free and Re- the Consolidated Appropriations Reso- votes for President and Vice President stricted Percentages for the 2004–2005 Mar- lution, 2003 (Public Law 108–7), and the of the United States. keting Year’’ (Doc. No. FV05–982–1 IFR) re- order of the House of December 8, 2003, ceived on December 31, 2004; to the Com- f mittee on Agriculture, Nutrition, and For- the Speaker reappoints the following EXECUTIVE AND OTHER estry. member on the part of the House of COMMUNICATIONS EC–13. A communication from the Admin- Representatives to the United States- istrator, Agricultural Marketing Service, China Economic and Security Review The following communications were Department of Agriculture, transmitting, Commission: Larry Wortzel of Alexan- laid before the Senate, together with pursuant to law, the report of a rule entitled dria, Virginia, for a term to expire De- accompanying papers, reports, and doc- ‘‘Oranges, Grapefruits, Tangerines, and Tan- cember 31, 2006. uments, and were referred as indicated: gelos Grown in Florida; Change in the Min- imum Maturity Requirements for Fresh The message further announced that EC–4. A communication from the President Grapefruit.’’ (Doc. No. FV05–905–1 IFR) re- of the United States, transmitting, pursuant pursuant to Senate concurrent resolu- ceived on December 31, 2004; to the Com- to law, the Report to the Congress on Imple- tion 2, One Hundred Ninth Congress, mittee on Agriculture, Nutrition, and For- mentation of Public Law 107–228 Authority the Speaker reappoints as members of estry. the Joint Committee to make the nec- for Russian Federation Debt Reduction for EC–14. A communication from the Congres- Nonproliferation; to the Committee on For- essary arrangements for the Inaugura- sional Review Coordinator, Department of eign Relations. Agriculture, transmitting, pursuant to law, tion of the President-elect and the Vice EC–5. A communication from the Deputy the report of a rule entitled ‘‘Swine Health President-elect of the United States on Associate Administrator, Environmental Protection’’ (Doc. No. 04–109–1) received on Protection Agency, transmitting, pursuant the 20th day of January 2005, the fol- December 8, 2004; to the Committee on Agri- to law, the report of a rule entitled lowing Members of the House of Rep- culture, Nutrition, and Forestry. resentatives: Mr. HASTERT of Illinois, ‘‘Spinosad; Pesticide Tolerance’’ (FRL7691–4) EC–15. A communication from the Congres- received on December 31, 2004; to the Com- Mr. DELAY of Texas, and Ms. PELOSI of sional Review Coordinator, Department of mittee on Agriculture, Nutrition, and For- Agriculture, transmitting, pursuant to law, California. estry. The message also announced that the the report of a rule entitled ‘‘Importation of EC–6. A communication from the Deputy Clementines, Mandarins, and Tangerines House has agreed to H. Res. 11, resolv- Associate Administrator, Environmental ing that the House has heard with pro- from Chile’’ (Doc. No. 02–081–3) received on Protection Agency, transmitting, pursuant December 17, 2004; to the Committee on Agri- found sorrow of the death of the Honor- to law, the report of a rule entitled culture, Nutrition, and Forestry. able Robert T. Matsui, a Representa- ‘‘Thiamethoxam; Pesticide Tolerance’’ EC–16. A communication from the Congres- tive from the State of California. (FRL7689–7) received on December 31, 2004; to sional Review Coordinator, Department of Resolving, That a committee of such the Committee on Agriculture, Nutrition, Agriculture, transmitting, pursuant to law, Members of the House as the Speaker and Forestry. the report of a rule entitled ‘‘User Fees for EC–7. A communication from the Deputy may designate, together with such Agricultural Quarantine and Inspection Associate Administrator, Environmental Services’’ (Doc. No. 04–042–1) received on De- Members of the Senate as may be Protection Agency, transmitting, pursuant joined, be appointed to attend the fu- cember 17, 2004; to the Committee on Agri- to law, the report of a rule entitled culture, Nutrition, and Forestry. neral. ‘‘Chlorothalonil; Re-establishment of Toler- EC–17. A communication from the Congres- Resolving, That the Sergeant-at- ance for Emergency Exemptions’’ (FRL 7691– sional Review Coordinator, Department of Arms of the House be authorized and 1) received on December 31, 2004; to the Com- Agriculture, transmitting, pursuant to law, directed to take such steps as may be mittee on Agriculture, Nutrition, and For- the report of a rule entitled ‘‘Emerald Ash necessary for carrying out the provi- estry. Borer; Quarantined Areas’’ (Doc. No. 02–125– EC–8. A communication from the Adminis- sions of these resolutions and that the 2) received on January 5, 2005; to the Com- trator, Rural Utilities Service, Department mittee on Agriculture, Nutrition, and For- necessary expenses in connection of Agriculture, transmitting, pursuant to therewith be paid out of applicable ac- estry. law, the report of a rule entitled ‘‘7 CFR 1775, EC–18. A communication from the Acting counts of the House. 1777, 1778, 1780, 1942, 3570, and 4274, ‘Definition Inspector General, transmitting, pursuant to Resolving, That the Clerk commu- Clarification of State Nonmetropolitan Me- law, the report of the Office of the Inspector nicate these resolutions to the Senate dian Household Income’ ’’ (RIN0572–AB96) re- General concerning alternative Medicare and transmit a copy thereof to the ceived on December 17, 2004; to the Com- payment methodologies for the costs of family of the deceased. mittee on Agriculture, Nutrition, and For- training medical residents in nonhospital estry. settings; to the Committee on Finance. At 12:56 p.m., a message from the EC–9. A communication from the Adminis- EC–19. A communication from the Acting House of Representatives, delivered by trator, Rural Utilities Service, Department Inspector General, Department of Health and Ms. Niland, one of its reading clerks, of Agriculture, transmitting, pursuant to Human Services, transmitting, pursuant to law, the report of a rule entitled ‘‘7 CFT 1775, law, the report of the Office of the Inspector announced that the House has passed Technical Assistance Grants’’ (RIN0572– the following bill in which it requests General concerning alternative Medicare AB75) received on December 17, 2004; to the payment methodologies for the costs of the concurrence of the Senate: Committee on Agriculture, Nutrition, and training medical residents in nonhospital H.R. 241. An act to accelerate the income Forestry. settings; to the Committee on Finance. tax benefits for charitable cash contribu- EC–10. A communication from the Admin- EC–20. A communication from the Commis- tions for the relief of victims of the Indian istrator, Rural Housing Service, Department sioner, Social Security Administration, Ocean tsunami. of Agriculture, transmitting, pursuant to transmitting, pursuant to law, the Report on The message further announced that law, the report of a rule entitled ‘‘Servicing Fiscal Year 2004 Competitive Sourcing Ef- pursuant to Senate concurrent resolu- of Delinquent Community and Business Pro- forts as required by the Consolidated Appro- gram Loans—Workout Agreements’’ tion 1, One Hundred Ninth Congress, priations Act of Fiscal Year 2004; to the (RIN0575–AC57) received on December 17, Committee on Finance. and the order of the House of January 2004; to the Committee on Agriculture, Nu- EC–21. A communication from the Chair- 4, 2005, the Speaker appoints as tellers trition, and Forestry. man, Medicare Payment Advisory Board, on the part of the House to count the EC–11. A communication from the Admin- transmitting, pursuant to law, the Report on electoral votes: Mr. NEY of Ohio, and istrator, Poultry Programs, Department of the Impact of Resource-Based Practice Ex- Mr. LARSON of Connecticut. Agriculture, transmitting, pursuant to law, pense Payment for Physician Services; to the report of a rule entitled ‘‘Voluntary the Committee on Finance. At 5:04 p.m., a message from the Shell Egg Grading Regulations—Facilities EC–22. A communication from the Chair- House of Representatives, delivered by and Equipment’’ (RIN0581–AC33) received on man, Medicare Payment Advisory Commis- Mr. Hays, one of its reading clerks, an- December 31, 2004; to the Committee on Agri- sion, transmitting, pursuant to law, the Re- nounced that the House has rejected culture, Nutrition, and Forestry. port on the Growth in the Volume of Physi- EC–12. A communication from the Admin- cian Services; to the Committee on Finance. the objection submitted by the Rep- istrator, Agricultural Marketing Service, EC–23. A communication from the Assist- resentative from Ohio, Mrs. JONES, and Department of Agriculture, transmitting, ant Secretary, Employees Benefits Security the Senator from California, Mrs. pursuant to law, the report of a rule entitled Administration, Department of Labor, trans- BOXER, and is now ready to further pro- ‘‘Hazelnuts Grown in Oregon and Wash- mitting, pursuant to law, the report of a rule

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 181 entitled ‘‘Final Regulations for Health Cov- of the Treasury, transmitting, pursuant to of the Treasury, transmitting, pursuant to erage Portability for Group Health Plans and law, the report of a rule entitled ‘‘Republica- law, the report of a rule entitled ‘‘Public Group Health Insurance Issuers under tion of Rev. Proc. 2004–8’’ (Rev. Proc. 2005–8) Hearings on the Advance Pricing Agreement HIPAA Titles I and IV’’ (RIN1210–AA54) re- received on January 5, 2005; to the Com- Programs’’ (Ann. 2004–98) received on Decem- ceived on December 31, 2004; to the Com- mittee on Finance. ber 17, 2004; to the Committee on Finance. mittee on Finance. EC–34. A communication from the Acting EC–45. A communication from the Acting EC–24. A communication from the Regula- Chief, Internal Revenue Service, Department Chief, Internal Revenue Service, Department tions Coordinator, Office of Inspector Gen- of the Treasury, transmitting, pursuant to of the Treasury, transmitting, pursuant to eral, Department of Health and Human Serv- law, the report of a rule entitled ‘‘Gross Es- law, the report of a rule entitled ‘‘Section ices, transmitting, pursuant to law, the re- tate; Election to Value on Alternate Valu- 1397E—Allocation of National Limitation for port of a rule entitled ‘‘Medicare and State ation Date.’’ (TD 9172) received on January 5, Qualified Zone Academy Bonds for year 2005’’ Health Care Programs: Fraud and Abuse: 2005; to the Committee on Finance. (Rev. Proc. 2004–72) received on December 17, OIG Civil Money Penalties Under the Medi- EC–35. A communication from the Acting 2004; to the Committee on Finance. care Prescription Drug Discount Card Pro- Chief, Internal Revenue Service, Department EC–46. A communication from the Acting gram’’ (RIN0991–AB30) received on January 3, of the Treasury, transmitting, pursuant to Chief, Internal Revenue Service, Department 2005; to the Committee on Finance. law, the report of a rule entitled ‘‘Republica- of the Treasury, transmitting, pursuant to EC–25. A communication from the Regula- tion of Rev. Proc. 2004–4’’ (Rev. Proc. 2004–4) law, the report of a rule entitled ‘‘Annual tions Coordinator, Centers for Medicare and received on January 5, 2005; to the Com- Cumulative List of Changes in Plan Quali- Medicaid Services, Department of Health mittee on Finance. fication Requirements’’ (Notice 2004–84) re- and Human Services, transmitting, pursuant EC–36. A communication from the Acting ceived on December 17, 2004; to the Com- to law, the report of a rule entitled ‘‘Medi- Chief, Internal Revenue Service, Department mittee on Finance. EC–47. A communication from the Acting care Program; Modifications to Managed of the Treasury, transmitting, pursuant to Chief, Internal Revenue Service, Department Care Rules’’ (RIN0938–AK71) received on Jan- law, the report of a rule entitled ‘‘Republica- of the Treasury, transmitting, pursuant to uary 3, 2005; to the Committee on Finance. tion of Rev. Proc. 2004–5’’ (Rev. Proc. 2005–5) law, the report of a rule entitled ‘‘Bureau of EC–26. A communication from the Regula- received on January 5, 2005; to the Com- mittee on Finance. Labor Statistics Price Indexes for Depart- tions Coordinator, Administration for Chil- ment Stores—October 2004’’ (Rev. Rul. 2004– dren and Families, Department of Health EC–37. A communication from the Acting Chief, Internal Revenue Service, Department 113) received on December 17, 2004; to the and Human Services, transmitting, pursuant Committee on Finance. to law, the report of a rule entitled ‘‘Child of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Areas in EC–48. A communication from the Acting Support Enforcement Program; Reasonable Chief, Internal Revenue Service, Department Quantitative Standard for Review and Ad- which Rulings will not be Issued (domestic areas)—Revised to Remove Restrictions on of the Treasury, transmitting, pursuant to justment of Child Support Orders’’ (45 CFR law, the report of a rule entitled ‘‘Prohibited 303) received on January 3, 2005; to the Com- Sections 107, 1402(a)(8), (c)(4) and (e), 3121(b)(8)(A), and 3401 of the Internal Rev- Allocations of Securities in an S Corpora- mittee on Finance. tion’’ (RIN1545–BC33) received on December EC–27. A communication from the Regula- enue Code.’’ (Rev. Proc. 2005–3) received on January 5, 2005; to the Committee on Fi- 17, 2004; to the Committee on Finance. tions Coordinator, Office of Inspector Gen- EC–49. A communication from the Acting eral, Department of Health and Human Serv- nance. EC–38. A communication from the Acting Chief, Internal Revenue Service, Department ices, transmitting, pursuant to law, the re- Chief, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to port of a rule entitled ‘‘Health Coverage law, the report of a rule entitled ‘‘Appeals of the Treasury, transmitting, pursuant to Portability for Group Health Plans and Settlement Guidelines: IRC sec. 44 Disabled law, the report of a rule entitled ‘‘Procedures Group Health Insurance Issuers Under Access Credit’’ (UIL:0044.60–00) received on for issuing TAMs and TEAMs.’’ (Rev. Proc. HIPPA Title I and IV’’ (RIN0938–AL43) re- December 17, 2004; to the Committee on Fi- 2005–2) received on January 5, 2005; to the ceived on January 3, 2005; to the Committee nance. Committee on Finance. on Finance. EC–50. A communication from the Acting EC–39. A communication from the Acting EC–28. A communication from the Acting Chief, Internal Revenue Service, Department Chief, Internal Revenue Service, Department Chief, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to of the Treasury, transmitting, pursuant to of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Inflation law, the report of a rule entitled ‘‘Automatic law, the report of a rule entitled ‘‘Areas in Indexing Revenue Procedure’’ (Rev. Proc. Rollover and Section 401(a)(31)(B) of the which Rulings in the International Area will 2004–71) received on December 8, 2004; to the Code’’ (Notice 2005–5) received on January 5, not be issued’’ (Rev. Proc. 2005–7) received on Committee on Finance. 2005; to the Committee on Finance. January 5, 2005; to the Committee on Fi- EC–51. A communication from the Acting EC–40. A communication from the Acting Chief, Internal Revenue Service, Department nance. Chief, Internal Revenue Service, Department EC–29. A communication from the Acting of the Treasury, transmitting, pursuant to of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Internet Chief, Internal Revenue Service, Department law, the report of a rule entitled ‘‘Automatic of the Treasury, transmitting, pursuant to Activities of Trade Associations Revenue Extension of Time to File Certain Informa- Ruling’’ (Rev. Rul. 2004–112) received on De- law, the report of a rule entitled ‘‘Republica- tion Returns and Exempt Organization Re- tion of Rev. Proc. 2004–6’’ (Rev. Proc. 2005–6) cember 8, 2004; to the Committee on Finance. turns’’ (RIN1545–BB29) received on December EC–52. A communication from the Acting received on January 5, 2005; to the Com- 17, 2004; to the Committee on Finance. mittee on Finance. Chief, Internal Revenue Service, Department EC–41. A communication from the Acting of the Treasury, transmitting, pursuant to EC–30. A communication from the Chief, Chief, Internal Revenue Service, Department law, the report of a rule entitled ‘‘Federal Internal Revenue Service, Department of the of the Treasury, transmitting, pursuant to Unemployment Tax Deposits—Special Rule’’ Treasury, transmitting, pursuant to law, the law, the report of a rule entitled ‘‘Tier 2 Tax (RIN1545–BB66) received on December 8, 2004; report of a rule entitled ‘‘Letter Rulings and Rates for 2005’’ (Notice 2005–1) received on to the Committee on Finance. Determination Letters’’ (Rev. Proc. 2005–1) December 17, 2004; to the Committee on Fi- EC–53. A communication from the Acting received on January 5, 2005; to the Com- nance. Chief, Internal Revenue Service, Department mittee on Finance. EC–42. A communication from the Acting of the Treasury, transmitting, pursuant to EC–31. A communication from the Acting Chief, Internal Revenue Service, Department law, the report of a rule entitled ‘‘Optional Chief, Internal Revenue Service, Department of the Treasury, transmitting, pursuant to 10–Year Writeoff of Certain Tax Preferences’’ of the Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Revenue (RIN 1545–BC13) received on January 3, 2005; law, the report of a rule entitled ‘‘Fees for Procedure: Reduction of Penalty for Under- to the Committee on Finance. Copies of Exempt Organization Material’’ standing Tax by Adequate Disclosure of an EC–54. A communication from the Acting (RIN1545–BB22) received on January 5, 2005; Item on Return’’ (Rev. Proc. 2004–73) received Chief, Internal Revenue Service, Department to the Committee on Finance. on December 17, 2004; to the Committee on of the Treasury, transmitting, pursuant to EC–32. A communication from the Acting Finance. law, the report of a rule entitled ‘‘Revision Chief, Internal Revenue Service, Department EC–43. A communication from the Acting of Rev. Proc. 2001–22’’ (Rev. Proc. 2005–12) re- of the Treasury, transmitting, pursuant to Chief, Internal Revenue Service, Department ceived on January 3, 2005; to the Committee law, the report of a rule entitled ‘‘Election of the Treasury, transmitting, pursuant to on Finance. to Determine Corporate Tax on Certain law, the report of a rule entitled ‘‘Weighted EC–55. A communication from the Acting International Shipping Activities under Ton- Average Interest Rate Update Notice—Pen- Chief, Internal Revenue Service, Department nage Tax Regime’’ (Notice 2005–2) received on sion Funding Equity Act of 2004’’ (Notice of the Treasury, transmitting, pursuant to January 5, 2005; to the Committee on Fi- 2004–82) received on December 17, 2004; to the law, the report of a rule entitled ‘‘2005 Per nance. Committee on Finance. Diem Rates Update’’ (Rev. Proc. 2005–10) re- EC–33. A communication from the Acting EC–44. A communication from the Acting ceived on January 3, 2005; to the Committee Chief, Internal Revenue Service, Department Chief, Internal Revenue Service, Department on Finance.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 182 CONGRESSIONAL RECORD—SENATE January 6, 2005 EC–56. A communication from the Acting of the Treasury, transmitting, pursuant to EC–78. A communication from the Chair- Chief, Internal Revenue Service, Department law, the report of a rule entitled ‘‘Final Reg- man, National Endowment for the Human- of the Treasury, transmitting, pursuant to ulations for Health Coverage Portability for ities, transmitting, pursuant to law, a report law, the report of a rule entitled ‘‘New Mar- Group Health Plans and Group Health Insur- on FAIR Act inventories for Fiscal Year 2004; kets Tax Credit’’ (RINS1545–AY87, 1545–BC03) ance Issuers under HIPAA Titles I and IV’’ to the Committee on Health, Education, received on January 3, 2005; to the Com- (TD9166) received on January 3, 2005; to the Labor, and Pensions. mittee on Finance. Committee on Finance. EC–79. A communication from the Sec- EC–57. A communication from the Acting EC–68. A communication from the Acting retary to the Board, Railroad Retirement Chief, Internal Revenue Service, Department Chief, Internal Revenue Service, Department Board, transmitting, pursuant to law, a re- of the Treasury, transmitting, pursuant to of the Treasury, transmitting, pursuant to port on competitive sourcing activities in law, the report of a rule entitled ‘‘Section law, the report of a rule entitled ‘‘Tier 2 Tax Fiscal Year 2004 and 2004 Commercial Activi- 1374 Effective Dates’’ (TD9170) received on Rates for 2005’’ received on January 3, 2005; ties Inventory Under the Federal Activities January 3, 2005; to the Committee on Fi- to the Committee on Finance. Inventory Reform (FAIR) Act of 1998; to the nance. EC–69. A communication from the Assist- Committee on Health, Education, Labor, and EC–58. A communication from the Acting ant Attorney General, Department of Jus- Pensions. Chief, Internal Revenue Service, Department tice, transmitting, pursuant to law, a report EC–80. A communication from the Assist- of the Treasury, transmitting, pursuant to on the activities of the Department of Jus- ant Secretary for Administration and Man- law, the report of a rule entitled ‘‘Guidance tice in Relation to the Prison Rape Elimi- agement, Department of Labor, transmit- Under 409A of the Internal Revenue Code’’ nation Act (PL 108–79); to the Committee on ting, pursuant to law, the report of a nomi- (Notice 2005–1) received on January 3, 2005; to the Judiciary. nation confirmed for the position of Assist- the Committee on Finance. EC–70. A communication from the Clerk of ant Secretary for Public Affairs, received on EC–59. A communication from the Acting Court, Court of Federal Claims, transmit- January 3, 2005; to the Committee on Health, Chief, Internal Revenue Service, Department ting, pursuant to law, the report of Judge- Education, Labor, and Pensions. of the Treasury, transmitting, pursuant to ments of the United States Court of Federal EC–81. A communication from the Acting law, the report of a rule entitled ‘‘Regula- Claims during the year ended September 30, Director, Occupational Safety and Health tions Governing Practice Before the Internal 2004; to the Committee on the Judiciary. Administration, Department of Labor, trans- Revenue Service (Circular 230—Shelter)’’ EC–71. A communication from the Assist- mitting, pursuant to law, the report of a rule (RIN1545–BA70) received on December 31, ant Attorney General, Department of Jus- entitled ‘‘Standards Improvement Project— 2004; to the Committee on Finance. tice, transmitting, pursuant to law, the Sec- Phase II’’ (RIN1218–AB81) received on Janu- EC–60. A communication from the Acting ond Year Report of the Corporate Fraud ary 5, 2005; to the Committee on Health, Edu- Chief, Internal Revenue Service, Department Task Force; to the Committee on the Judici- cation, Labor, and Pensions. of the Treasury, transmitting, pursuant to ary. EC–82. A communication from the Senior law, the report of a rule entitled ‘‘Automatic EC–72. A communication from the Sec- Regulatory Officer, Employment Standards Consent to Change an Accounting Method retary, Judicial Conference of the United Administration, Department of Labor, trans- Provided in 1.263(a)–4 or –5’’ (Rev . Proc. 2005– States, transmitting, pursuant to law, a re- mitting, pursuant to law, the report of a rule 9) received on December 31, 2004; to the Com- port on the Continuing Need for Existing entitled ‘‘Child Labor Regulations, Orders mittee on Finance. Bankruptcy Judgeships; to the Committee and Statements of Interpretation (29 CFR EC–61. A communication from the Acting on the Judiciary. Part 570); Child Labor Violations—Civil Chief, Internal Revenue Service, Department EC–73. A communication from the Deputy Money Penalties (29 CFR Part 579); Civil of the Treasury, transmitting, pursuant to Assistant Administrator, Drug Enforcement Money Penalties—Procedures for Assessing law, the report of a rule entitled ‘‘Services Administration, Department of Justice, and Contesting Penalties (29 CFR Part 580)’’ by a Student that Qualify for the Exception transmitting, pursuant to law, the report of (RIN1215–AA09) received on December 17, from Federal Insurance Contributions Act a rule entitled ‘‘Exemption from Control of 2004; to the Committee on Health, Education, Tax’’ (Rev. Proc. 2005–11; 2005–2) received on Certain Industrial Products and Materials Labor, and Pensions. January 3, 2005; to the Committee on Fi- derived from the Cannabis Plant’’ (RIN1117– EC–83. A communication from the Assist- nance. AA55) received on December 7, 2004; to the ant Secretary, Employment and Training EC–62. A communication from the Acting Committee on the Judiciary. Administration, Department of Labor, trans- Chief, Internal Revenue Service, Department EC–74. A communication from the Acting mitting, pursuant to law, the report of a rule of the Treasury, transmitting, pursuant to Assistant Secretary, Department of State entitled ‘‘Labor Certification for the Perma- law, the report of a rule entitled ‘‘Applicable transmitting, pursuant to law, the report of nent Employment of Aliens in the United Federal Rates—January 2005’’ (Rev. Rul. a rule entitled ‘‘Documentation of Non- States; Implementation of New System’’ 2005–102) received on January 3, 2005; to the immigrants Under the Immigration and Na- (RIN1205–AA66) received on January 3, 2005; Committee on Finance. tionality Act, as Amended-Student and Ex- to the Committee on Health, Education, EC–63. A communication from the Acting change Visitor Information System Labor, and Pensions. Chief, Internal Revenue Service, Department (SEVIS)’’ received on December 8, 2004; to EC–84. A communication from the Regula- of the Treasury, transmitting, pursuant to the Committee on the Judiciary. tions Coordinator, Food and Drug Adminis- law, the report of a rule entitled ‘‘Notice: EC–75. A communication from the Assist- tration, Department of Health and Human Fuel Tax Guidance; Request for Public Com- ant Chief, Regulations and Procedures Divi- Services, transmitting, pursuant to law, the ments’’ (Notice 2005–04) received on January sion, Alcohol and Tobacco Tax and Trade Bu- report of a rule entitled ‘‘Current Good Tis- 3, 2005; to the Committee on Finance. reau, transmitting, pursuant to law, the re- sue Practice for Human Cell, Tissue, and Cel- EC–64. A communication from the Acting port of a rule entitled ‘‘Materials and Proc- lular and Tissue-Based Product Establish- Chief, Internal Revenue Service, Department esses Authorized for the Treatment of Wine ments; Inspection and Enforcement’’ (Doc. of the Treasury, transmitting, pursuant to and Juice (2004R–517P)’’ (TD17) received on No. 1997N–484P) received on December 17, law, the report of a rule entitled ‘‘Final Reg- December 8, 2004; to the Committee on Fi- 2004; to the Committee on Health, Education, ulation Providing Guidance on the Student nance. Labor, and Pensions. FICA Exception’’ (RIN1545–BC81) received on EC–76. A communication from the Assist- EC–85. A communication from the Regula- January 3, 2005; to the Committee on Fi- ant Attorney General for Administration, tions Coordinator, Food and Drug Adminis- nance. Criminal Division, Department of Justice, tration, Department of Health and Human EC–65. A communication from the Acting transmitting, pursuant to law, the report of Services, transmitting, pursuant to law, the Chief, Internal Revenue Service, Department a rule entitled ‘‘Final Rule Exempting a Pri- report of a rule entitled ‘‘Establishment and of the Treasury, transmitting, pursuant to vacy Act System of Records of the Criminal Maintenance of Records Under the Public law, the report of a rule entitled ‘‘Cash or Division (CRM) from Certain Subsections of Health Security and Bioterrorism Prepared- Deferred Arrangements Under Section 401(k) the Privacy Act (5 U.S.C. 552a): Organized ness and Response Act of 2002’’ (RIN0910– and Matching Contributions Section 401(m)’’ Crime Drug Enforcement Task Force’’ re- AC30) received on December 17, 2004; to the (TD9169) received on January 3, 2005; to the ceived on December 17, 2004; to the Com- Committee on Health, Education, Labor, and Committee on Finance. mittee on the Judiciary. Pensions. EC–66. A communication from the Acting EC–77. A communication from the Assist- EC–86. A communication from the Direc- Chief, Internal Revenue Service, Department ant Secretary, Department of State, trans- tor, Regulations Policy Management Staff, of the Treasury, transmitting, pursuant to mitting, pursuant to law, the report of a rule Food and Drug Administration, transmit- law, the report of a rule entitled ‘‘901(j)(5) entitled ‘‘Visas: Documentation of Non- ting, pursuant to law, the report of a rule en- Presidential Waiver with Respect to Libya’’ immigrants Under the Immigration and Na- titled ‘‘Advisory Committee: Change of (Rev. Rul. 2005–3) received on January 3, 2005; tionality Act, as Amended: Electronic Peti- Name and Function; Technical Amendment’’ to the Committee on Finance. tion for Diversity Immigrant Status’’ received on November 22, 2004; to the Com- EC–67. A communication from the Acting (RIN1400–AB84) received on January 3, 2005; mittee on Health, Education, Labor, and Chief, Internal Revenue Service, Department to the Committee on the Judiciary. Pensions.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 183 EC–87. A communication from the Direc- 3, 2005; to the Committee on Commerce, mittees for the 109th Congress; considered tor, Regulations Policy Management Staff, Science, and Transportation. and agreed to. Food and Drug Administration, transmit- EC–96. A communication from the Chief, By Mr. REID: ting, pursuant to law, the report of a rule en- Regulations and Administrative Law, Coast S. Res. 6. A resolution making minority titled ‘‘Food Additives Permitted in Food on Guard, transmitting, pursuant to law, the re- party appointments to certain Senate com- an Interim Basis or in Contact with Food port of a rule entitled ‘‘Regulated Naviga- mittees for the 109th Congress; considered Pending Additional Study; Mannitol’’ (Doc. tion Area: East Rockaway Inlet to Atlantic and agreed to. No. 2004F–0066) received on December 8, 2004; Beach Bridge, Nassau County, Long Island, f to the Committee on Health, Education, New York [CGD01–04–152]’’ (RIN1625–AA11) Labor, and Pensions. received on January 3, 2005; to the Com- SUBMITTED RESOLUTIONS EC–88. A communication from the Direc- mittee on Commerce, Science, and Transpor- tor, Regulations Policy Management Staff, tation. Food and Drug Administration, transmit- EC–97. A communication from the Program SENATE RESOLUTION 5—MAKING ting, pursuant to law, the report of a rule en- Analyst, Federal Aviation Administration, titled ‘‘Medical Devices; Clinical Chemistry Department of Transportation, transmitting, MAJORITY PARTY APPOINT- and Clinical Toxicology devices; Classifica- pursuant to law, the report of a rule entitled MENTS TO CERTAIN SENATE tion of Newborn Screening Test Systems for ‘‘Modification of Class E Airspace; COMMITTEES FOR THE 109TH Amino Acids, Free Carnitine, and Warrensburg, MO’’ (RIN2120–AA66) received CONGRESS Acylcarnitines Using Mass Spectrometry’’ on December 31, 2004; to the Committee on Mr. FRIST submitted the following (Doc. No. 2004N–0482) received on December Commerce, Science, and Transportation. 31, 2004; to the Committee on Health, Edu- EC–98. A communication from the Program resolution; which was considered and cation, Labor, and Pensions. Analyst, Federal Aviation Administration, agreed to: EC–89. A communication from the Direc- Department of Transportation, transmitting, Resolved, That not withstanding the provi- tor, Regulations Policy Management Staff, pursuant to law, the report of a rule entitled sions of Rule XXV, the following shall con- Food and Drug Administration, transmit- ‘‘Modification of Class E Airspace; Lex- stitute the majority party’s membership on ting, pursuant to law, the report of a rule en- ington, MO’’ (RIN2120–AA66) received on De- the following standing committees for the titled ‘‘Drug Labeling; Sodium Labeling for cember 31, 2004; to the Committee on Com- One Hundred Ninth Congress, or until their Over-the-Counter Drugs’’ (RIN0910–AF50) re- merce, Science, and Transportation. successors are chosen: ceived on January 3, 2005; to the Committee EC–99. A communication from the Program COMMITTEE ON AGRICULTURE, NUTRI- on Health, Education, Labor, and Pensions. Analyst, Federal Aviation Administration, TION, AND FORESTRY: Mr. Chambliss EC–90. A communication from the Admin- Department of Transportation, transmitting, (Chairman), Mr. Lugar, Mr. Cochran, Mr. istrator, Employment and Training Adminis- pursuant to law, the report of a rule entitled McConnell, Mr. Roberts, Mr. Talent, Mr. tration, Department of Labor, transmitting, ‘‘Modification of Class E Airspace; Fremont, Thomas, Mr. Santorum, Mr. Coleman, Mr. pursuant to law, the report of a rule entitled NE’’ (RIN2120–AA66) received on December Crapo, Mr. Grassley. ‘‘Unemployment Insurance Program Letter: 31, 2004; to the Committee on Commerce, COMMITTEE ON APPROPRIATIONS: Mr. SUTA Dumping—Amendments to Federal Science, and Transportation. Cochran (Chairman), Mr. Stevens, Mr. Spec- Law Affecting the Federal-State Unemploy- EC–100. A communication from the Pro- ter, Mr. Domenici, Mr. Bond, Mr. McConnell, ment Compensation Program—Additional gram Analyst, Federal Aviation Administra- Mr. Burns, Mr. Shelby, Mr. Gregg, Mr. Ben- Guidance’’ received on January 3, 2005; to the tion, Department of Transportation, trans- nett, Mr. Craig, Mrs. Hutchison, Mr. DeWine, Committee on Health, Education, Labor, and mitting, pursuant to law, the report of a rule Mr. Brownback, Mr. Allard. Pensions. entitled ‘‘Modification of Class E Airspace; COMMITTEE ON ARMED SERVICES: Mr. EC–91. A communication from the Assist- Burwell, NE’’ (RIN2120–AA66) received on De- Warner (Chairman), Mr. McCain, Mr. Inhofe, ant Secretary, Employee Benefits Security cember 31, 2004; to the Committee on Com- Mr. Roberts, Mr. Sessions, Ms. Collins, Mr. Administration, Department of Labor, trans- merce, Science, and Transportation. Ensign, Mr. Talent, Mr. Chambliss, Mr. Gra- mitting, pursuant to law, the report of a rule f ham, Mrs. Dole, Mr. Cornyn, Mr. Thune. entitled ‘‘Mental Health Parity; Interim COMMITTEE ON BANKING, HOUSING, Final amendment to Regulation’’ (RIN1210– EXECUTIVE REPORTS OF AND URBAN AFFAIRS: Mr. Shelby (Chair- AA62) received on January 3, 2005; to the COMMITTEES man), Mr. Bennett, Mr. Allard, Mr. Enzi, Mr. Committee on Health, Education, Labor, and The following executive reports of Hagel, Mr. Santorum, Mr. Bunning, Mr. Pensions. committees were submitted: Crapo, Mr. Sununu, Mrs. Dole, Mr. Martinez. EC–92. A communication from the Chief, COMMITTEE ON COMMERCE, SCIENCE, Regulations and Administrative Law, Coast By Mr. CHAMBLISS for the Committee on AND TECHNOLOGY: Mr. Stevens (Chair- Guard, transmitting, pursuant to law, the re- Agriculture, Nutrition, and Forestry. man), Mr. McCain, Mr. Burns, Mr. Lott, Mrs. port of a rule entitled ‘‘Safety zone Regula- *Mike Johanns, of Nebraska, to be Sec- Hutchison, Ms. Snowe, Mr. Smith, Mr. En- tions (Including 4 regulations): [CGD05–04– retary of Agriculture. sign, Mr. Allen, Mr. Sununu, Mr. DeMint, 224], [COTP Western Alaska 04–001], [CGD13– By Mr. STEVENS for the Committee on Mr. Vitter. 04–043], [COTP Western Alaska 04–002]’’ Commerce, Science, and Transportation. COMMITTEE ON ENERGY AND NAT- (RIN1625–AA00) received on January 3, 2005; Carlos M. Gutierrez, of Michigan, to be URAL RESOURCES: Mr. Domenici (Chair- to the Committee on Commerce, Science, Secretary of Commerce. man), Mr. Craig, Mr. Thomas, Mr. Alexander, and Transportation. By Mr. ENZI for the Committee on Health, Ms. Murkowski, Mr. Burr, Mr. Martinez, Mr. EC–93. A communication from the Chief, Education, Labor, and Pensions. Talent, Mr. Burns, Mr. Allen, Mr. Smith, Mr. Regulations and Administrative Law, Coast *Margaret Spellings, of Texas, to be Sec- Bunning. Guard, transmitting, pursuant to law, the re- retary of Education, Labor, and Pensions. COMMITTEE ON ENVIRONMENT AND port of a rule entitled ‘‘Drawbridge Oper- * was reported with rec- PUBLIC WORKS: Mr. Inhofe (Chairman), Mr. ation Regulation (Including 2 regulations): ommendation that it be confirmed sub- Warner, Mr. Bond, Mr. Voinovich, Mr. [CGD05–04–223], [CGD08–04–040]’’ (RIN1625– ject to the nominee’s commitment to Chafee, Ms. Murkowski, Mr. Thune, Mr. AA09) received on January 3, 2005; to the respond to requests to appear and tes- DeMint, Mr. Isakson, Mr. Vitter. Committee on Commerce, Science, and COMMITTEE ON FINANCE: Mr. Grassley Transportation. tify before any duly constituted com- (Chairman), Mr. Hatch, Mr. Lott, Ms. Snowe, EC–94. A communication from the Chief, mittee of the Senate. Mr. Kyl, Mr. Thomas, Mr. Santorum, Mr. Regulations and Administrative Law, Coast (Nominations without an asterisk Frist, Mr. Smith, Mr. Bunning, Mr. Crapo. Guard, transmitting, pursuant to law, the re- were reported with the recommenda- COMMITTEE ON FOREIGN RELATIONS: port of a rule entitled ‘‘Drawbridge Oper- tion that they be confirmed. Mr. Lugar (Chairman), Mr. Hagel, Mr. ation Regulations (Including 2 Regulations): f Chafee, Mr. Allen, Mr. Coleman, Mr. Voino- [CGD01–04–148], [CGD01–04–151]’’ (RIN1625– vich, Mr. Alexander, Mr. Sununu, Ms. Mur- AA09) received on January 3, 2005; to the SUBMISSION OF CONCURRENT AND kowski, Mr. Martinez. Committee on Commerce, Science, and SENATE RESOLUTIONS COMMITTEE ON HEALTH, EDUCATION, Transportation. The following concurrent resolutions LABOR, AND PENSIONS: Mr. Enzi (Chair- EC–95. A communication from the Chief, man), Mr. Gregg, Mr. Frist, Mr. Alexander, Regulations and Administrative Law, Coast and Senate resolutions were read, and Mr. Burr, Mr. Isakson, Mr. DeWine, Mr. En- Guard, transmitting, pursuant to law, the re- referred (or acted upon), as indicated: sign, Mr. Hatch, Mr. Sessions, Mr. Roberts. port of a rule entitled ‘‘Safety Zone (Includ- By Mr. FRIST: COMMITTEE ON HOMELAND SECURITY ing 2 Regulations): [CGD13–04–044], [CGD09– S. Res. 5. A resolution making majority AND GOVERNMENTAL AFFAIRS: Ms. Col- 04–149]’’ (RIN1625–AA00) received on January party appointments to certain Senate com- lins (Chairman), Mr. Stevens, Mr. Voinovich,

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 184 CONGRESSIONAL RECORD—SENATE January 6, 2005 Mr. Coleman, Mr. Coburn, Mr. Chafee, Mr. (Ranking Member), Mr. Dodd, Mr. Johnson, AUTHORITY FOR COMMITTEES TO Bennett, Mr. Domenici, Mr. Warner. Mr. Reed, Mr. Schumer, Mr. Bayh, Mr. Car- MEET SELECT COMMITTEE ON INTEL- per, Ms. Stabenow, and Mr. Corzine. LIGENCE: Mr. Roberts (Chairman), Mr. COMMITTEE ON COMMERCE, SCIENCE, COMMITTEE ON AGRICULTURE, NUTRITION, AND Hatch, Mr. DeWine, Mr. Bond, Mr. Lott, Ms. AND TRANSPORTATION: Mr. Inouye FORESTRY Snowe, Mr. Hagel, Mr. Chambliss, Mr. War- (Ranking Member), Mr. Rockefeller, Mr. Mr. MCCONNELL. Mr. President, I ner (ex officio). Kerry, Mr. Dorgan, Mrs. Boxer, Mr. Nelson of ask unanimous consent that the Com- COMMITTEE ON THE JUDICIARY: Mr. Florida, Ms. Cantwell, Mr. Lautenberg, Mr. mittee on Agriculture, Nutrition, and Specter (Chairman), Mr. Hatch, Mr. Grass- Nelson of Nebraska, and Mr. Pryor. Forestry be authorized to conduct a ley, Mr. Kyl, Mr. DeWine, Mr. Sessions, Mr. COMMITTEE ON ENERGY AND NAT- Graham, Mr. Cornyn, Mr. Brownback, Mr. hearing during the session of the Sen- URAL RESOURCES: Mr. Bingaman (Rank- ate on Thursday, January 6, 2005. The Coburn. ing Member), Mr. Akaka, Mr. Dorgan, Mr. SPECIAL COMMITTEE ON AGING: Mr. Wyden, Mr. Johnson, Ms. Landrieu, Mrs. purpose of this meeting will be to re- Smith (Chairman), Mr. Shelby, Ms. Collins, Feinstein, Ms. Cantwell, Mr. Corzine, and view the nomination of Mr. Michael Mr. Talent, Mrs. Dole, Mr. Martinez, Mr. Mr. Salazar. Owen Johanns to be Secretary of Agri- Craig, Mr. Santorum, Mr. Burns, Mr. Alex- COMMITTEE ON ENVIRONMENT AND culture for the United States Depart- ander, Mr. DeMint. PUBLIC WORKS: Mr. Jeffords (Ranking ment of Agriculture. COMMITTEE ON THE BUDGET: Mr. Gregg Member), Mr. Baucus, Mr. Lieberman, Mrs. (Chairman), Mr. Domenici, Mr. Grassley, Mr. The PRESIDING OFFICER. Without Boxer, Mr. Carper, Mrs. Clinton, Mr. Lauten- objection, it is so ordered. Allard. Mr. Enzi. Mr. Sessions, Mr. Bunning, berg, and Mr. Obama. Mr. Crapo, Mr. Ensign, Mr. Cornyn, Mr. COMMITTEE ON COMMERCE, SCIENCE, AND COMMITTEE ON FINANCE: Mr. Baucus Alexander, Mr. Graham. TRANSPORTATION (Ranking Member), Mr. Rockefeller, Mr. SELECT COMMITTEE ON ETHICS: Mr. Conrad, Mr. Jeffords, Mr. Bingaman, Mr. Mr. MCCONNELL. Mr. President, I Voinovich (Chairman), Mr. Roberts, Mr. Kerry, Mrs. Lincoln, Mr. Wyden and Mr. ask unanimous consent that the Com- Thomas. Schumer. COMMITTEE ON INDIAN AFFAIRS: Mr. mittee on Commerce, Science, and McCain (Chairman), Mr. Thomas, Ms. Mur- COMMITTEE ON FOREIGN RELATIONS: Transportation be authorized to meet kowski, Mr. Coburn, Mr. Domenici, Mr. Mr. Biden (Ranking Member), Mr. Sarbanes, on Thursday, January 6, 2005, imme- Smith, Mr. Crapo, Mr. Burr. Mr. Dodd, Mr. Kerry, Mr. Feingold, Mrs. diately following the first vote. The JOINT ECONOMIC COMMITTEE: Mr. Ben- Boxer, Mr. Nelson of Florida, and Mr. Senators will assemble in front of the Obama. nett (Vice-Chairman), Mr. Brownback, Mr. President’s Room on the nomination of Sununu, Mr. DeMint, Mr. Sessions, Mr. Cor- COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS: Mr. Kennedy Carlos Gutierrez to be Secretary of the nyn. Department of Commerce. COMMITTEE ON RULES AND ADMINIS- (Ranking Member), Mr. Dodd, Mr. Harkin, TRATION: Mr. Lott (Chairman), Mr. Ste- Ms. Mikulski, Mr. Jeffords, Mr. Bingaman, The PRESIDING OFFICER. Without vens, Mr. McConnell, Mr. Cochran, Mr. Mrs. Murray, Mr. Reed, and Mrs. Clinton. objection, it is so ordered. Santorum, Mr. Frist, Mr. Chambliss, Mrs. COMMITTEE ON HOMELAND SECURITY COMMITTEE ON HEALTH, EDUCATION, LABOR, Hutchison, Mr. Bennett, Mr. Hagel. AND GOVERNMENTAL AFFAIRS: Mr. Lie- AND PENSIONS COMMITTEE ON SMALL BUSINESS AND berman (Ranking Member), Mr. Levin. Mr. Mr. MCCONNELL. Mr. President, I ENTREPRENEURSHIP: Ms. Snowe (Chair- Akaka, Mr. Carper, Mr. Dayton, Mr. Lauten- man), Mr. Bond, Mr. Burns, Mr. Allen, Mr. berg. and Mr. Pryor. ask unanimous consent that the Com- Coleman, Mr. Thune, Mr. Isakson, Mr. Vit- COMMITTEE ON THE JUDICIARY: Mr. mittee on Health, Education, Labor, ter, Mr. Enzi, Mr. Cornyn. Leahy (Ranking Member), Mr. Kennedy, Mr. and Pensions be authorized to meet for COMMITTEE ON VETERANS’ AFFAIRS: Biden, Mr. Kohl, Mrs. Feinstein, Mr. Fein- the hearing on the Presidential nomi- Mr. Craig (Chairman), Mr. Specter, Mrs. gold, Mr. Schumer, and Mr. Durbin. nation of Margaret Spellings to be Sec- Hutchison, Mr. Graham, Mr. Burr, Mr. En- COMMITTEE ON RULES AND ADMINIS- retary of Education during the session sign, Mr. Thune, Mr. Isakson. TRATION: Mr. Dodd (Ranking Member), Mr. of the Senate on Thursday, January 6, Byrd, Mr. Inouye, Mrs. Feinstein. Mr. Schu- at 10 a.m., in SD–430. SENATE RESOLUTION 6—MAKING mer, Mr. Dayton, Mr. Durbin and Mr. Nelson of Nebraska. The PRESIDING OFFICER. Without MINORITY PARTY APPOINT- objection, it is so ordered. MENTS TO CERTAIN SENATE COMMITTEE ON SMALL BUSINESS AND ENTREPRENEURSHIP: Mr. Kerry (Ranking COMMITTEE ON THE JUDICIARY COMMITTEES FOR THE 109TH Member), Mr. Levin, Mr. Harkin, Mr. Lieber- Mr. MCCONNELL. Mr. President, I CONGRESS man, Ms. Landrieu, Ms. Cantwell, Mr. Bayh, ask unanimous consent that the Com- Mr. REID submitted the following and Mr. Pryor. mittee on the Judiciary be authorized resolution; which was considered and COMMITTEE ON VETERANS’ AFFAIRS: to meet to conduct a hearing on Thurs- agreed to: Mr. Akaka (Ranking Member), Mr. Rocke- feller, Mr. Jeffords, Mrs. Murray, Mr. Obama day, January 6, 2005, at 9:30 a.m., on Resolved, That notwithstanding the provi- and Mr. Salazar. the nomination of The Honorable sions of rule XXV, the following shall con- SPECIAL COMMITTEE ON AGING: Mr. Alberto R. Gonzales, Counsel to Presi- stitute the minority party’s membership on Kohl (Ranking Member), Mr. Jeffords, Mr. dent George W. Bush, to be the Attor- the following standing committees for the Feingold, Mr. Wyden, Mrs. Lincoln, Mr. ney General of the United States. The 109th Congress, or until their successors are Bayh, Mr. Carper, Mr. Nelson of Florida, and chosen: hearing will take place in the Hart Mrs. Clinton. COMMITTEE ON AGRICULTURE, NUTRI- Senate Office Building Room 216. COMMITTEE ON THE BUDGET: Mr. Con- TION, AND FORESTRY: Mr. Harkin (Rank- rad (Ranking Member), Mr. Sarbanes, Mrs. Witness List ing Member); Mr. Leahy, Mr. Conrad, Mr. Murray, Mr. Wyden, Mr. Feingold, Mr. John- Baucus, Mrs. Lincoln. Ms. Stabenow, Mr. Panel I: The Honorable John Cornyn son, Mr. Byrd, Mr. Nelson of Florida, Ms. Nelson of Nebraska, Mr. Dayton, and Mr. Stabenow, and Mr. Corzine. and the Honorable Ken Salazar. Salazar. SELECT COMMITTEE ON ETHICS: Mr. Panel II: The Honorable Alberto R. COMMITTEE ON APPROPRIATIONS: Mr. Gonzales, Counsel to President George Byrd (Ranking Member), Mr. Inouye, Mr. Johnson (Vice Chairman), Mr. Akaka, and Leahy, Mr. Harkin, Ms. Mikulski, Mr. Reid, Mr. Pryor. W. Bush, Washington, DC. Mr. Kohl, Mrs. Murray, Mr. Dorgan. Mrs. COMMITTEE ON INDIAN AFFAIRS: Mr. Panel III: Admiral John D. Hutson, Feinstein, Mr. Durbin, Mr. Johnson, and Ms. Dorgan (Vice Chairman), Mr. Inouye, Mr. Ret. USN, President and Dean, Frank- Landrieu. Conrad, Mr. Akaka, Mr. Johnson, and Ms. lin Pierce Law Center, Concord, NH; COMMITTEE ON ARMED SERVICES: Mr. Cantwell. Mr. Harold Hongju Koh, Dean, Yale Levin (Ranking Member), Mr. Kennedy, Mr. SELECT COMMITTEE ON INTEL- Law School, New Haven, CT; and Mr. LIGENCE: Mr. Rockefeller (Vice Chairman), Byrd, Mr. Lieberman, Mr. Reed, Mr. Akaka, Douglas A. Johnson, Executive Direc- Mr. Nelson of Florida, Mr. Nelson of Ne- Mr. Levin, Mrs. Feinstein, Mr. Wyden, Mr. braska, Mr. Dayton, Mr. Bayh, and Mrs. Bayh, Ms. Mikulski, and Mr. Corzine. tor, Center of Victims of Torture, Min- Clinton. JOINT ECONOMIC COMMITTEE: Mr. neapolis, MN. COMMITTEE ON BANKING, HOUSING, Reed, Mr. Kennedy, Mr. Sarbanes, and Mr. The PRESIDING OFFICER. Without AND URBAN AFFAIRS: Mr. Sarbanes Bingaman. objection, it is so ordered.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 185 NOTICE: REGISTRATION OF MASS ORDERS FOR THURSDAY, To be lieutenant colonel MAILINGS JANUARY 20, 2005 TIMOTHY D. MITCHELL, JR., 0000 Mr. MCCONNELL. Mr. President, I THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT The filing date for 2004 fourth quarter TO THE GRADE INDICATED IN THE UNITED STATES ARMY mass mailings is Tuesday, January 25, ask unanimous consent that when the UNDER TITLE 10, U.S.C., SECTION 624: 2005. If your office did no mass mailings joint session is dissolved, the Senate To be lieutenant colonel during this period, please submit a stand adjourned under the provisions of WILLIAM F. BITHER, 0000 form that states ‘‘none.’’ H. Con. Res. 2 until 3 p.m., Thursday, JAMES R. OLIVER, 0000 PAUL J. RAMSEY, JR., 0000 Mass mailing registrations, or nega- January 20, 2005. I further ask that following the pray- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tive reports, should be submitted to TO THE GRADE INDICATED IN THE UNITED STATES ARMY the Senate Office of Public Records, 232 er and the pledge, the morning hour be MEDICAL CORPS AND FOR REGULAR APPOINTMENT UNDER TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: Hart Building, Washington, DC 20510– deemed to have expired, the Journal of To be colonel 7116. the proceedings be approved to date, the Senate then proceed to a period of WILLIAM R. LAURENCE, JR., 0000 The Public Records office will be morning business with Senators per- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT open from 9 a.m. to 5:30 p.m. on the fil- mitted to speak therein for up to 10 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ing date to accept these fillings. For MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., minutes each. SECTIONS 624, AND 3064: further information, please contact the The PRESIDING OFFICER. Without Public Records office at (202) 224–0322. To be colonel objection, it is so ordered. MEGAN K. MILLS, 0000 The PRESIDING OFFICER. The Sen- Mr. MCCONNELL. Mr. President, this LINDA L. ROWBOTHAM, 0000 ator from Kentucky is recognized. THERESA M. SCHNEIDER, 0000 order allows that once the electoral LOUIS H. SMITH III, 0000 vote counting is complete and the joint MARIA A. WORLEY, 0000 f session is dissolved, we will adjourn THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY until 3 p.m. on January 20. VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS CONDITIONAL ADJOURNMENT OF As a reminder, January 20 is the date 624 AND 3064: THE HOUSE AND CONDITIONAL of the inauguration. We will convene To be colonel RECESS OR ADJOURNMENT OF later that day following the swearing TIMOTHY K. ADAMS, 0000 THE SENATE in of the President and the Vice Presi- MARGARET N. CARTER, 0000 dent. We expect to consider one or MARK B. GOLD, 0000 Mr. MCCONNELL. Mr. President, I JOHN L. POPPE, 0000 more of the President’s nominations on ask unanimous consent that the Sen- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ate now proceed to the consideration of that day and, therefore, rollcall votes TO THE GRADE INDICATED IN THE RESERVE OF THE are expected. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: H. Con. Res. 2, the adjournment resolu- To be colonel tion, provided that the concurrent res- With that said, we will now wait for the message for us to return to the JOSEPH W. BURCKEL, 0000 olution be agreed to, and the motion to FRANK J. MISKENA, 0000 House Chamber. reconsider be laid upon the table. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f TO THE GRADE INDICATED IN THE RESERVE OF THE The PRESIDING OFFICER. Without ARMY UNDER TITLE 10, U.S.C., SECTION 12203: objection, it is so ordered. RECESS To be colonel The concurrent resolution (H. Con. Mr. MCCONNELL. Mr. President, I FRANK J. MISKENA, 0000 Res. 2) was agreed to, as follows: ask unanimous consent that the Sen- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT H. CON. RES. 2 ate stand in recess, awaiting word from TO THE GRADE INDICATED IN THE RESERVE OF THE the House of Representatives that it is ARMY UNDER TITLE 10, U.S.C., SECTION 12203: Resolved by the House of Representatives (the To be colonel Senate concurring), That when the House ad- ready to receive the Senate. ROSA L. HOLLISBIRD, 0000 journs on the legislative day of Thursday, There being no objection, the Senate, KINLEY W. HOWARD, 0000 January 6, 2005, on a motion offered pursuant at 3:12 p.m, recessed until 5:05 p.m., to BRENT P. NIXON, 0000 to this concurrent resolution by its Majority DEBORAH A. ROMAN, 0000 reassembled in the House of Represent- BRIAN L. SOMBERG, 0000 Leader or his designee, it stand adjourned atives to continue the joint session. MARK STILING, 0000 until 10 a.m. on Thursday, January 20, 2005, Whereupon, at 5:20 p.m. the Senate MICHAEL T. TRAVIS, 0000 or until the time of any reassembly pursuant BETH A. ZIMMER, 0000 adjourned, according to the provisions to section 2 of this concurrent resolution, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT whichever occurs first; that when the House of H. Con. Res. 2, until Thursday, Janu- TO THE GRADE INDICATED IN THE RESERVE OF THE adjourns on the legislative day of Thursday, ary 20, 2005, at 3 p.m. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be colonel January 20, 2005, it stand adjourned until 2 f p.m. on Tuesday, January 25, 2005, or until BRUCE A. MULKEY, 0000 the time of any reassembly pursuant to sec- NOMINATIONS JEROME F. STOLINSKI, JR., 0000 tion 2 of this concurrent resolution, which- Executive nominations received by THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ever occurs first; and that when the Senate TO THE GRADE INDICATED IN THE RESERVE OF THE the Senate January 6, 2005: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: recesses or adjourns on Thursday, January 6, 2005, or Friday, January 7, 2005, on a motion IN THE NAVY To be colonel offered pursuant to this concurrent resolu- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW R. SEGAL, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED tion by its Majority Leader or his designee, THE FOLLOWING NAMED ARMY NATIONAL GUARD OF WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE UNITED STATES OFFICERS FOR APPOINTMENT TO it stand recessed or adjourned until noon on RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Thursday, January 20, 2005, or at such other THE GRADE INDICATED IN THE RESERVE OF THE ARMY To be vice admiral UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: time on that day as may be specified by its To be colonel Majority Leader or his designee in the mo- REAR ADM. TERRANCE T. ETNYRE, 0000 tion to recess or adjourn, or until the time of IN THE ARMY CASANOVA C. OCHOA, 0000 CHARLES R. PLATT, 0000 any reassembly pursuant to section 2 of this THE FOLLOWING NAMED OFFICER FOR APPOINTMENT concurrent resolution, whichever occurs TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED ARMY NATIONAL GUARD OF UNDER TITLE 10, U.S.C., SECTION 624: THE UNITED STATES OFFICERS FOR APPOINTMENT TO first. THE GRADE INDICATED IN THE RESERVE OF THE ARMY SEC. 2. The Speaker of the House and the To be colonel UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Majority Leader of the Senate, or their re- ROBERT A. LOVETT, 0000 To be colonel spective designees, acting jointly after con- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KENNETH R. GREENE, 0000 sultation with the Minority Leader of the TO THE GRADE INDICATED IN THE UNITED STATES ARMY WILLIAM F. ROY, 0000 UNDER TITLE 10, U.S.C., SECTION 624: House and the Minority Leader of the Sen- THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ate, shall notify the Members of the House To be lieutenant colonel THE UNITED STATES OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY and the Senate, respectively, to reassemble MARTIN POFFENBERGER, JR., 0000 at such place and time as they may des- UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel ignate whenever, in their opinion, the public TO THE GRADE INDICATED IN THE UNITED STATES ARMY interest shall warrant it. UNDER TITLE 10, U.S.C., SECTION 624: JAMES E. FERRANDO, 0000

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MARY J. FORBES, 0000 JOSEPH L BASS, 0000 ROBERT G PHELAN, JR, 0000 WILTON S. GORSKE, 0000 CYNTHIA M BEDELL, 0000 MICHAEL D PHILLIPS, 0000 ELIZABETH H. HINES, 0000 ALLEN L BORGARDTS, 0000 THOMAS P REILLY, 0000 ROBERT P. NELSON, JR., 0000 THOMAS H BRYANT, 0000 MARK A RICCIO, 0000 TERRY R. SOPHER, JR., 0000 JOHNNY R BULLINGTON, 0000 EDGAR K RUGENSTEIN, 0000 KYLE T BURKE, 0000 KEVIN L SMITH, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF BRIAN J BUTCHER, 0000 LEON I SMITH IV, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO CALVIN T CARLSEN, 0000 DAVID M THIEDE, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY ROBERT C CARPENTER, 0000 TIMOTHY E TRAINOR, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JON E CHICKY, 0000 DWIGHT D WATKINS, 0000 To be colonel KEVIN D CLARK, 0000 THEODORE S WESTHUSING, 0000 DANIEL T COTTRELL, 0000 DOUGLAS A WILD, 0000 BILLY J. BLANKENSHIP, 0000 JOHN L CUNNANE, 0000 MARK F. BURKE, 0000 DANIEL J FAGUNDES, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARRELL L. BUTTERS, 0000 JAMES P FLETCHER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY EDWARD K. CHUN FAT, JR., 0000 MARK R FRANKLIN, 0000 JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, JOHN L. CRAFT, 0000 DONALD V GIBSON, 0000 U.S.C., SECTIONS 624 AND 3064: KEITH R. DANIEL, 0000 MARK W GILLETTE, 0000 To be colonel PATRICK M. HAMILTON, 0000 PATRICK F GILLIS, 0000 RANDAL G. MARTIN, 0000 RICHARD S GIRVEN, 0000 SCOTT W ARNOLD, 0000 WILLIAM J. ONEILL, 0000 LINDA L GOULD, 0000 GREGORY B COE, 0000 WARREN P GUNDERMAN, 0000 DAVID L CONN, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF WILLIAM D HUGGINS, JR, 0000 FLORA D DARPINO, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO THEODORE L JENNINGS, 0000 JAMES J DILIBERTI, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY LAWRENCE J KINDE, 0000 CHARLES L GREEN, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: WILLIAM L LAMB, 0000 RANDALL L KEYS, 0000 To be colonel CHARLES S LAMBERT, 0000 JERRY J LINN, 0000 NORMAN R LARSON, 0000 MARK S MARTINS, 0000 MARK E. COERS, 0000 JOY A LEAPHEART, 0000 JEFFREY C MCKITRICK, 0000 ROBERT J. COY, 0000 STEPHEN B LEISENRING, 0000 MICHAEL W MEIER, 0000 JAMES C. ERNST, 0000 BRUCE D LEWIS, 0000 JOHN W MILLER II, 0000 JAMES M. KENNEDY, 0000 DAVID E LOCKHART, 0000 CHRISTOPHER J OBRIEN, 0000 STEVEN J. LOKENSGARD, 0000 ROBERT A LOVETT, 0000 CHARLES N PEDE, 0000 BRYAN D. MEYERS, 0000 MARK MALATESTA, 0000 SHARON E RILEY, 0000 JACKIE L. REAVES, 0000 TUCKER B MANSAGER, 0000 LISA M SCHENCK, 0000 SIMSUNDARETH S. TAN, 0000 GENE W MCCONVILLE, 0000 DAVID S SHUMAKE, 0000 RICHARD A. WEAVER, 0000 JOHN J MCGUINESS, 0000 FRED P TAYLOR, 0000 FRANK R MOLINARI, 0000 SUSAN D TIGNER, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF RAYMOND H NULK, 0000 MARK W TOOLE, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO DAVID W PHARES, 0000 KEITH C WELL, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY CHRISTOPHER M RASMUSSEN, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: KEVIN E RICHARDS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel EHRICH D ROSE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY RICHARD T SHIPE, 0000 AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN JEFFREY T. ALTDORFER, 0000 NEWMAN D SHUFFLEBARGER, 0000 ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND MICHAEL R. BRESNAHAN, 0000 EUGENE W SKINNER, JR, 0000 531: MICHAEL J. CARLSON, 0000 STEVEN M SOUCEK, 0000 To be colonel KIMBERLY A. DILLON, 0000 CHRISTOPHER J TONE, 0000 JAMES E. KEIGHLEY, 0000 LEE J WHITESIDE, 0000 RONALD P ALBERTO, 0000 KEITH A. MABRY, 0000 MICHAEL E WILLIAMSON, 0000 THOMAS R ANDERSON, 0000 GREGG L. RILEY, 0000 JEFFREY K WILSON, 0000 PERI A ANEST, 0000 JOSEPH E. ROONEY, 0000 JOHN E ANGEVINE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DIONYSIOS ANNINOS, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF TO THE GRADE INDICATED IN THE UNITED STATES ARMY JOEL R ARMSTRONG, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO UNDER TITLE 10, U.S.C., SECTION 624: KNOWLES Y ATCHISON, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY To be colonel CARL G AYERS, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: HUBERT E BAGLEY, JR, 0000 To be colonel MICHAEL J ARINELLO, 0000 DAVID P BAGNATI, 0000 DANIEL L BAGGIO, 0000 SHARON H BAKER, 0000 DAVID C. BARNHILL, 0000 JAMES E BARRINEAU, 0000 ROBERT S BALLEW, 0000 PETER Y. LEE, 0000 STEVEN A BECKMAN, 0000 JEFFREY L BANNISTER, 0000 TIMOTHY M. MCKEITHEN, 0000 WILLIAM D BLACKLEDGE, 0000 THOMAS H BARTH, 0000 KENNETH B. SMITH, 0000 WILLIAM M COSTELLO, 0000 JOSEPH A BASSANI, JR, 0000 TODD E DAY, 0000 PHILIP F BATTAGLIA, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF RALPH W HARRIS, 0000 KEVIN M BATULE, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO HENRY L HUNTLEY, 0000 MARLON K BECK, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY JOHN P JENKS, 0000 ERIC R BELCHER, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GARY E LANGSTON, JR, 0000 MICHAEL S BELL, 0000 To be colonel JOHN G LEVINE, 0000 HENRY W BENNETT, 0000 PATRICK H MACKIN, 0000 SCOTT D BERRIER, 0000 DAVID B. ENYEART, 0000 GARY M MCANDREWS, 0000 LUIGI E BIEVER, 0000 CLARENCE A MEADE, 0000 RAYMOND L BINGHAM, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF WAYNE A PARKS, 0000 JOHN J BIRD, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO CHARLES E PHILLIPS, JR, 0000 DAVID M BLACKBURN, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY RORY R RADOVICH, 0000 DAN BLAND, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JOSEPH D RICHARD, 0000 JERRY L BLIXT, 0000 To be colonel ANDREW G RILEY, 0000 JAMES C BOISSELLE, 0000 ROSS V ROMEO, 0000 ROBERT J BOTTERS, JR, 0000 DAVID A. GREENWOOD, 0000 RICHARD A SCHANTZ, 0000 ANDREW W BOWES, 0000 RICKY R SIMS, 0000 WILLIAM W BRALEY, SR, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF BRUCE G SMITH, 0000 CURT R BRANDT, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO ROBERT P SMITH, JR, 0000 PAUL W BRICKER, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY LAURI J SNIDER, 0000 ROBERT S BRIDGFORD, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DAVID B TAYLOR, 0000 TODD A BUCHS, 0000 To be colonel JAMES E WHALEY III, 0000 DOROTHEA M BURKE, 0000 RODERICK BURKE, SR, 0000 SANDRA W. DITTIG, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID R BYRN, SR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY PAUL P CALE, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF UNDER TITLE 10, U.S.C., SECTION 624: MARK E CALVERT, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO To be colonel FRANCIS J CAPONIO, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY DOMINIC J CARACCILO, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DONNA A ALBERTO, 0000 STEVEN P CARNEY, 0000 To be colonel MANUEL APONTE, JR, 0000 JAMES E CASHWELL, 0000 PHILIP F BEAVER, 0000 JOHN W CHARLTON, 0000 JOHN M. OWINGS, JR., 0000 DONNA M BRAZIL, 0000 JERRY S CHASTAIN, 0000 BRENT B BREDEHOFT, 0000 MICHAEL W CHILDERS, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF TYRONE K BROWN, 0000 ROBERT E CHOPPA, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO CARLTON A BUCHANAN, 0000 MICHAEL J CHRISTIAN, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY CURTIS A CARVER, JR, 0000 ARMON A CIOPPA, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GREGORY L DANIELS, 0000 DAVID J CLARK, 0000 To be colonel KIRK A DAVIS, 0000 RICHARD D CLARKE, JR, 0000 DAVID P DOLPH, 0000 MICHAEL N CLAWSON, 0000 DANIEL J. BUTLER, 0000 JOHN F EICHLER, 0000 ERIC G CLAYBURN, 0000 JAMES J GALVIN, JR, 0000 TRACY A CLEAVER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TROY P KRAUSE, 0000 HARRY L COHEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY BOBBY L LIPSCOMB, JR, 0000 THERESA D COLES, 0000 UNDER TITLE 10, U.S.C., SECTION 624: SAVERIO M MANAGO, 0000 KATHERINE M COOK, 0000 To be colonel JAMES C MARKLEY, 0000 ALFRED CORBIN, 0000 G S MCCONNELL, 0000 BRUCE A CORDELLI, SR, 0000 PETER W AUBREY, 0000 JEANETTE M MCMAHON, 0000 MARIO CORONEL, 0000 JACQUES A AZEMAR, 0000 RAYMOND C NELSON, 0000 CHRISTOPHER P COSTA, 0000 JAMES D BASS, 0000 JOHN E PHELAN, 0000 CRAIG S COTTER, 0000

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DAVID G COTTER, 0000 JAMES E LACKEY, 0000 ALBERT C STJEAN, 0000 WILLIAM J * COULTRUP, 0000 CHRISTOPHER J LARSEN, 0000 JOHNNY C STRAIN, 0000 THOMAS H COWAN, JR, 0000 JACK E LECHNER, JR, 0000 LAWRENCE E STROBEL, 0000 HARVEY L CROCKETT, 0000 BRIAN D LESIEUR, 0000 ALAN M STULL, 0000 CLIFFORD D CROFFORD, JR, 0000 MARK F LESSIG, 0000 FREDERICK W SWOPE, 0000 MICHAEL E CULPEPPER, 0000 SCOTT W LEVIN, 0000 DARIN TALKINGTON, 0000 DANIEL J CUMMINGS, 0000 CECIL T LEWIS III, 0000 THOMAS L TATE, 0000 LAUREL D CUNNANE, 0000 CHIPPER M LEWIS, 0000 EARL J TEETER, 0000 GREG W CUSIMANO, 0000 DENNIS R LINTON, 0000 BURDETT K THOMPSON, 0000 ANTHONY F DASKEVICH II, 0000 DONALD G LISENBEE, JR, 0000 SCOTT B THOMPSON, 0000 JOHN J DAUGIRDA, 0000 CHRISTOPHER E LOCKHART, 0000 LEO J THRUSH, 0000 WILLIAM E DAVID, 0000 JOSEPH B LOFGREN, 0000 CURTIS L TORRENCE, 0000 JAMES W DAVIS, 0000 JERYL C LUDOWESE, 0000 ANIELLO L TORTORA, 0000 JIMMY D DAVIS, 0000 WILLIAM E LUKENS, 0000 BOBBY A TOWERY, JR, 0000 MARK A DAVIS, 0000 KENNETH S LUNDGREN, 0000 MARK D TROUTMAN, 0000 PHILIP D DECAMP, 0000 KEVIN D LUTZ, 0000 CHRISTOPHER TROUVE, 0000 PETER A DELUCA, 0000 ROBIN D LYNCH, 0000 DREW A TURINSKI, 0000 WADE F DENNIS, 0000 ANTHONY J MACDONALD, 0000 JEFFERY L UNDERHILL, 0000 YOLANDA C DENNISLOWMAN, 0000 JOSEPH E MAHER, JR, 0000 ROBERT VALDIVIA, 0000 WAYNE L DETWILER, JR, 0000 ROBERT W MARRS, 0000 RICHARD S VANDERLINDEN, 0000 KENNETH W DEVAN, 0000 TERRENCE MARSH, 0000 ROBERT R VARELA, 0000 JOSEPH J DICHAIRO, 0000 CHRISTOPHER W MARTIN, 0000 CRAIG VEST, 0000 WILLIAM T DOLAN, 0000 THEODORE D MARTIN, 0000 RICHARD E VOLZ, JR, 0000 MICHAEL J DONOVAN, 0000 PAMELA L MARTIS, 0000 MICHELLE L WALLA, 0000 JAMES P DRAGO, JR, 0000 HAROLD P MARTY, 0000 MARK R WALLACE, 0000 MARK E DRAKE, 0000 JAMES M MARYE, 0000 ROBERT M WALTEMEYER, 0000 JOHN D DROLET, 0000 CHARLES F MASKELL, 0000 MARK L WATERS, 0000 JOHN E DUMOULIN, JR, 0000 REGINALD P MASON, 0000 GREGORY A WATT, 0000 JOE D DUNAWAY, 0000 JAMES P MATTIES, JR, 0000 TIMOTHY A WEATHERSBEE, 0000 JERRY L EGBERT, 0000 MICHAEL S MCBRIDE, 0000 JEFFREY S WEISSMAN, 0000 MICHAEL E ERDLEY, 0000 RODNEY X MCCANTS, 0000 ERIC P WENDT, 0000 MARK W ERWIN, 0000 DAVID J MCCAULEY, 0000 MARK A WESTBROOK, 0000 JOE E ETHRIDGE, JR, 0000 MICHAEL MCCORMICK, 0000 ROBERT C WHALEY, 0000 SCOTT D FABOZZI, 0000 JOHN G MCCRACKEN, 0000 ROBERT P WHITE, 0000 JESSIE O FARRINGTON, 0000 ROGER L MCDONALD III, 0000 MARY K WHITWORTH, 0000 THOMAS H FELTS, 0000 ROSA M MCNEELY, 0000 ERIC A WIEDEMANN, 0000 HOWARD R FERGUSON, 0000 LEONARD S MCWHERTER, 0000 HARRY B WILLIAMS, 0000 PATRICK L FETTERMAN, 0000 ROBERT W MEEKS, 0000 WILLIE WILLIAMS, JR, 0000 JOHN R FISHER, 0000 TODD A MEGILL, 0000 KEVIN J WILSON, 0000 CHARLES A FLYNN, 0000 JEFFREY A MELLO, 0000 MARTIN J WILSON, 0000 ROY W FOX, 0000 MICHAEL T MIKLOS, 0000 CHRISTOPHER L WINNE, 0000 GEORGE J FRANZ III, 0000 MICHAEL M MILLS, 0000 MICHAEL D WINSTEAD, 0000 JOSEPH J FRAZIER, 0000 MICHAEL T MINYARD, 0000 WILLIAM T WISEMAN, 0000 KRISTIN K FRENCH, 0000 STEVEN T MITCHELL, 0000 STANLEY H WOLOSZ II, 0000 LEONARD T GADDIS, JR, 0000 ARNOLD P MONTGOMERY, 0000 PAUL J WOOD, 0000 JOE E GALLAGHER, 0000 MICHAEL T MOON, 0000 KEVIN S WOODS, 0000 GERALD E GALLOWAY III, 0000 BRIAN P MOORE, 0000 STEVEN G WOODS, 0000 DUANE A GAMBLE, 0000 ROBBIE L MOSLEY, 0000 STEPHEN G YACKLEY, 0000 KENNETH D GANTT, 0000 LAWRENCE G MROZINSKI, 0000 ANDREW C YEE, 0000 GREGORY L GARDNER, 0000 PETER W MUELLER, 0000 DENNIS O YOUNG, 0000 GEORGE GECZY III, 0000 DARRYL G MURCH, 0000 SCOTT D ZEGLER, 0000 CHRISTOPHER P GEHLER, 0000 MICHAEL W MURFEE, 0000 WILLIAM E ZELLER, 0000 DEBORAH L GEIGER, 0000 THOMAS J MURPHY, 0000 X468 DANIEL M GEORGI, 0000 PAUL M NAKASONE, 0000 X1570 EARL S GLASCOCK, 0000 YVETTE D NONTE, 0000 X734 RYAN F GONSALVES, 0000 ROBERT K NYE, 0000 X2800 TIMOTHY C GORRELL, 0000 JOHN R OCONNOR, 0000 HEIDI H GRAHAM, 0000 MARK A OLINGER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RAY A GRAHAM, JR, 0000 REYNOLD F PALAGANAS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY TOBIN L GREEN, 0000 EDMUND J PALEKAS, 0000 MEDICAL SERVICE CORPS AND FOR REGULAR APPOINT- ROGER K GRIFFIN, 0000 TIMOTHY D PARKS, 0000 MENT (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, DAVID M GRIFFITH, 0000 DAVID G PASCHAL, 0000 U.S.C., SECTIONS 624, 531, AND 3064: JAMES E GRIFFITH, 0000 RICHARD M PASTORE, JR, 0000 To be colonel GREGG E GROSS, 0000 FREDERICK D PELLISSIER, 0000 PAUL L GROSSKRUGER, 0000 FRANK G PENHA, 0000 PAUL T BARTONE, 0000 STEVEN R GROVE, 0000 DENNIS A PERKINS, 0000 KENNETH G CANESTRINI, 0000 THOMAS P GUTHRIE, 0000 LAWRENCE P PHELPS, 0000 LARRY L * CONWAY, 0000 CHRISTOPHER K HAAS, 0000 BOBBY R PINKSTON, 0000 JOHN P COOK, 0000 RALPH W HADDOCK, 0000 RICHARD G PISCAL, 0000 LAURIE A CUMMINGS, 0000 GREGORY L HAGER, 0000 MICHAEL E PLAYER, 0000 RAFAEL E DEJESUS, 0000 BRIAN P HAMILTON, 0000 DOMINIC E POMPELIA, JR, 0000 KENNETH J FOPPIANO, 0000 JOHN T HANSEN, 0000 BARRYE L PRICE, 0000 RICHARD A GULLICKSON, 0000 DENNIS P HARBER, 0000 MICHELE M PUTKO, 0000 DONALD E HALL, 0000 JOHN D HARDING, JR, 0000 VALERIE W RATLIFF, 0000 CURTIS S HANSEN, 0000 CHARLES K HARDY, 0000 CURT A RAUHUT, 0000 DAN E HARMS, 0000 ROBERT H HARMS, 0000 DIANA A RAYNOR, 0000 DUANE N HILL, 0000 JOHN C HARRISON, 0000 ROBERT F RHODES, 0000 REGINALD W HOWARD, 0000 DAMIAN J HEANEY, 0000 KENNETH H RIDDLE, 0000 CAROL W LABADIE, 0000 PERRY HELTON, 0000 JAMES G RILEY, 0000 THOMAS J LITTLE, JR, 0000 TERENCE J HERMANS, 0000 JOHN S RISCASSI, 0000 JOSE L LOPEZ, 0000 WILLIAM B HICKMAN, 0000 JAMES E RISELEY, 0000 DAVID L MACDONALD, 0000 JOHN B HILDEBRAND, 0000 STEVEN W RISLEY, 0000 MICHAEL S MCDONALD, 0000 TIMOTHY P HILL, 0000 CHRISTOPHER L ROBERTSON, 0000 RICHARD S MITCHELL, 0000 JAY T HIRATA, 0000 JOSE ROBLESMALDONADO, 0000 TIMOTHY J MOORE, 0000 CHRISTOPHER M HOLDEN, 0000 DAVID RODRIGUEZ, 0000 KELVIN B OWENS, 0000 JOHN S HOLWICK, 0000 MATTHEW H RUSSELL, 0000 ELAINE S PERRY, 0000 CHARLES E HONORE, JR, 0000 ANTHONY SABB, 0000 LEON L ROBERT, 0000 JOHN H HORT, 0000 DAVID G SAGE, 0000 FRANKLIN D ROWLAND, JR, 0000 JOHN M HUEY, 0000 JEFFREY R SANDERSON, 0000 PATRICK D SARGENT, 0000 CHRISTOPHER P HUGHES, 0000 STEPHEN M SCHILLER, 0000 JAMES A SIGNAIGO, 0000 ALLEN HULL III, 0000 JOHN M SCHLEIFER, 0000 DAWN M SMITH, 0000 DANA R HURST, 0000 MARTIN P SCHWEITZER, 0000 BARBARA J STANSFIELD, 0000 RONALD W HUTHER, 0000 KENT R SELBY, 0000 ROBERT L STEWART, 0000 JEFFREY D INGRAM, 0000 FRANCIS V SHERMAN, JR, 0000 JEFFREY M UNGER, 0000 BJARNE M IVERSON, 0000 RICKY W SHERMAN, 0000 DONALD R WEST, 0000 NORMAN K JACOCKS, 0000 FRANK W SHEROD II, 0000 DERICK B ZIEGLER, 0000 VICTOR A JOHN, 0000 DAVID L SHUTT, 0000 JEFFREY P ZIMMERMAN, 0000 FREDERICK J JOHNS, JR, 0000 FRANK J SILTMAN, 0000 ROBERT P JOHNSON, JR, 0000 ROBERT A SINKLER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS W JOHNSON, JR, 0000 DENNIS E SLAGTER, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE ALLEN S JONES, 0000 DENNIS W SMITH, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MARK T JONES, 0000 FORREST E SMITH, 0000 To be colonel REBECCA W JONES, 0000 HUGH T SMITH, 0000 SANDRA L KEEFER, 0000 STEVEN J SMITH, 0000 CYNTHIA A CHAVEZ, 0000 YVETTE J KELLEY, 0000 MARK E SOLSETH, 0000 JOHN E COLLINS, 0000 PATRICK J KELLY, 0000 MARK S SPINDLER, 0000 SANDRA K JORDAN, 0000 DANIEL A KESSLER, 0000 BILLY F SPRAYBERRY II, 0000 THOMAS J MCCANN, 0000 TIMOTHY P KIELY, 0000 ROBIN J STAUFFER, 0000 MARSHA MCCLESKEY, 0000 HENRY A KIEVENAAR III, 0000 JOHN S STCYR, 0000 DAVID C PALADINO, 0000 KEITH C KODALEN, 0000 WAYNE STEVENS, 0000 RICHARD T PETERS, 0000 JOHN M KOIVISTO, JR, 0000 STEPHEN G STEWART, 0000 JAMES J SHEAR, 0000 STREP R KUEHL, 0000 JERRY R STIDHAM, 0000 RUTH A WELCH, 0000

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JACLYNN A WILLIAMS, 0000 HERNANE C RESTAR, 0000 ROBERT G BEARD, 0000 EILEEN M ROSEN, 0000 KEVIN J BECKER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH F RUDA, JR, 0000 TIMOTHY D BECTON, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE FELICITAS F SANTIAGO, 0000 JAMES D BEESLEY, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: CHRISTOPHER K SINHA, 0000 OLIVER T BELLAMY, JR, 0000 To be colonel RONALD T STAUBLY, 0000 PAUL M BENENATI, 0000 ROBERT E SUTER, 0000 THOMAS J BENJAMIN, 0000 FRANCIS B AUSBAND, 0000 PETER P TAILLAC, 0000 STEVEN J BENSEND, 0000 GRIFFIN L DEEN, JR, 0000 HEIDI P TERRIO, 0000 NANCY L BERGERON, 0000 ROBERT W ERLACH, 0000 HEMANT K THAKUR, 0000 THOMAS L BERGFELD, 0000 ALFREDO J FERNANDEZ, 0000 DEAN R THOMSON, 0000 DAVID E BERRY, 0000 RICHARD H FIXOTT, 0000 MICHAEL T TRAVIS, 0000 DENISE P BERRY, 0000 ENRIQUE GARCIA, 0000 ROBERT F TYREE, 0000 JEFFREY E BERTRANG, 0000 MARK M KUBA, 0000 ROBBI D VENDITTI, 0000 EUGENE N BIAN, 0000 JASON M MAILHOT, 0000 BARBARA E WALKER, 0000 JOHN R BIGGS, 0000 STEVEN D MCCLINTOCK, 0000 CHARLES A YOUMANS, 0000 MICHAEL R , 0000 ANTHONY L MOLINA, 0000 RICHARD S K YOUNG, 0000 MARK F BITTICK III, 0000 RICK G MUMFORD, 0000 BETH A ZIMMER, 0000 TODD W BJERKE, 0000 CHANTAL NEWSOME, 0000 MICHAEL J BLACHURA, 0000 ALLEN RASHEED, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES S BLACKMON, 0000 NORMAN M ROGERS, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE PERCY L BLACKMON, JR, 0000 JOE W SNAVELY, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PHILIP W BLAKELEY, 0000 GREGORY A STOUTE, 0000 To be colonel HERSCHELL R BLAND II, 0000 SCOTT A WRIGHT, 0000 BILLY J BLANKENSHIP, 0000 PRISCILLA A BERRY, 0000 PETER C BLEICH, JR, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JERRY W BIEHL, 0000 LESLIE C BLIVEN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE JAMES F BOBO, 0000 RONNIE V BLUE, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TERRY D BONNER, 0000 RICHARD J BLUMBERG, 0000 To be colonel OLGA R BRADLEY, 0000 JOHN D BLUMENSON, 0000 AUDREY J CARAMANNA, 0000 JOHN S BLY, 0000 LORETTA A ADAMS, 0000 MARY K CHAMBERS, 0000 MICHAEL E BOBECK, 0000 THOMAS L ANDERSON, 0000 MICHAEL W COLEMAN, 0000 KENNETH E BOLTZ, 0000 JAMES R BOEN, 0000 WILLIAM T DIAMOND, 0000 CHARLES A BONASERA, 0000 PEGGY L BRADLEY, 0000 RONALD E DZIEDZICKI, 0000 MARGARET S BOND, 0000 JOSEPH W BURCKEL, 0000 MARGARET M EIDEN, 0000 JAMES L BOOKWALTER, 0000 LISA P CHISHOLM, 0000 JOAN M ERICKSON, 0000 VALERIE L BORDER, 0000 JERRELL J COCKRELL, 0000 TEMPIE M EVANS, 0000 RALPH J BORKOWSKI, 0000 MARK D ELLIOTT, 0000 DEBRA M GIBBS, 0000 THOMAS L BOSCO, 0000 WILLIAM W FARTHING, JR, 0000 JUDITH L GISONDI, 0000 RAYMOND P BOUCHARD, 0000 JOHN E FORRETTE, 0000 GLENDA W HILL, 0000 JAMES E BOUTTE, 0000 FRANK FUENTES, 0000 LAGAUNDA C JONES, 0000 GARY M BOWMAN, 0000 PAUL D GANCHER, 0000 GORDON KUNTZ, 0000 JANSON D BOYLES, 0000 ROBERT GUILD, 0000 CHRISTINE V ODONNELL, 0000 VICTOR J BRADEN, 0000 MARY E HALLMARK, 0000 PENNY A REPLOGLE, 0000 JOHN D BRADY, JR, 0000 EDWIN N HERNANDEZ, 0000 DIANE L ROBATEAU, 0000 ALAN D BRAITHWAITE, 0000 EUGENE V HOLAHAN, JR, 0000 DELOIS ROBINSON, 0000 JAMES J BRAXTON, 0000 BRIAN D JONES, 0000 DENISE T ROONEY, 0000 DANIEL W BRECKEL, 0000 HENRY F KENT, 0000 DONALD J RUTHERFORD, 0000 MICHAEL A BRENNAN, 0000 BRADLEY M KNOERNSCHILD, 0000 RUTH A SHULL, 0000 DAVID J BRICKER, 0000 PETER K LANDSTEINER, 0000 MICHELE S SLICK, 0000 PHILLIP E BRONSDON, 0000 ALBERT L MAAS III, 0000 MARIA O STEWART, 0000 PETER J BROOKS, 0000 LESLIE R MCKECHNIE, 0000 WILLIAM L STOLTZFUS, 0000 JEFFERY L BROWN, 0000 DANIEL A MORIARTY, 0000 JUDITH L STONGE, 0000 JOSEPH R BROWN, 0000 CYNTHIA A OCONNELL, 0000 MARGARET A SULLIVAN, 0000 PAUL H BROWN, 0000 DONALD S PENDER, 0000 DARLENE S THOMASEC, 0000 SCOTT E BROWN, 0000 JEFFREY G PHILLIPS, 0000 DOLORES J TROMBETTA, 0000 DAVID W BRUNETT, 0000 PETER T QUINN, 0000 SANDRA M WEBBBOOKER, 0000 SEAN M BRUNETTI, 0000 MICHAEL A ROGALLA, 0000 IMELDA J WEDDINGTON, 0000 CARL E BRYANT, JR, 0000 ELMAR T SCHMEISSER, 0000 RHONDA M WELLER, 0000 MARK S BRYANT, 0000 KENNETH F SELOVER, 0000 DONNA J WIBERG, 0000 DONNA A BUCELLA, 0000 WALTER D SOJA, 0000 CATHERINE E WRIGHT, 0000 ROBERT H BUEHLER, 0000 MICHAEL T THORNTON, 0000 GEORGE G BUGG, JR, 0000 PURRY A WACKER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES R BUGGY, 0000 CLARK H WEAVER, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE HUMBERTO BUITRAGO, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: LEANNE P BURCH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be colonel CHARLES J BURNETT, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE CURTIS R BURNS, 0000 ARMY UNDER TITLE 10 U.S.C., SECTION 12203: GEORGE A ABBOTT, 0000 PATRICK W BURNS, 0000 To be colonel ELVIS ACOSTA, 0000 GILBERT H BUSTER, 0000 HALVOR N ADAMS III, 0000 PHILIP A BUTCH, 0000 ROBERT D AKERSON, 0000 RANDY A ALEWEL, 0000 DIANA M BUTLER, 0000 JAMES T ARSCOTT, 0000 MICHAEL A ALEXANDER, 0000 DARRELL L BUTTERS, 0000 SANJIVANI C BAKARE, 0000 WILLIAM M ALEXANDER, 0000 CRAIG A BYRD, 0000 GREGORY J BEILMAN, 0000 PATRICK B ALLEN, 0000 CHRISTOPHER P CALLAHAN, 0000 DAVID A BELYEA, 0000 THOMAS H ALLEN, JR, 0000 PATRICK E CAMPION, 0000 DEIRDRE M BYRNE, 0000 WILLIAM C ALLEN, 0000 MARK N CAMPSEY, 0000 RAYMOND L CAPPS, 0000 JEFFREY T ALTDORFER, 0000 GAIL H CAPP, 0000 PAUL C DALY, 0000 JOHN W ALTEBAUMER, JR, 0000 REGIS A CARDIFF, 0000 CARL L DANIELSON III, 0000 CARL S AMATO, 0000 JOHN E CARDWELL, 0000 WILLIAM P DIEFENBACH, 0000 MAXIMILIANO AMAYA, 0000 PHILLIP A CAREY, 0000 KEVIN M DWYER, 0000 DAVID B ANDERSON, 0000 DOMINIC A CARIELLO, 0000 LAWRENCE E FOLTZ, 0000 JEFFRY L ANDERSON, 0000 GARY E CARLBERG, 0000 WALTER B FRANZ III, 0000 JOHN K ANDREW II, 0000 MICHAEL J CARLSON, 0000 DAVID E GREEN, 0000 GEORGE ANTOCHY, 0000 ROBERT D CARLSON, 0000 DAVID K GUSTAVISON, 0000 ARTHUR E ARMSTRONG, 0000 GREGORY J CARMAN, 0000 RICHARD K HAILE, 0000 MARK E ASBURY, 0000 BRIAN M CARPENTER, 0000 WALTER H HALLORAN, 0000 JOSE R ATENCIO III, 0000 KEVIN J CARR, 0000 THOMAS M HARRIS, 0000 BRIAN S ATTAWAY, 0000 JEFFREY B CARRA, 0000 NORMAN A HETZLER, JR, 0000 DAVID E AUCOIN, 0000 AUBREY W CARTER, 0000 ROY H HINMAN II, 0000 ROBERT P AUCOIN, 0000 RANDAL S CARTER, 0000 PAUL J HUBBELL, 0000 RICHARD M AUGERI, 0000 EDWARD G CASAZZA, 0000 JAMES W HUSTON, 0000 ELIZABETH D AUSTIN, 0000 STEPHEN R CASE, 0000 WILLIAM S JOHNSON, 0000 KEVIN R AUSTIN, 0000 MICHAEL A CASEY, 0000 CHRISTOPHER JONES, 0000 SCOTT A AYRES, 0000 MICHAEL E CASEY, 0000 CHANCE T KAPLAN, 0000 MICHAEL J BABUL, 0000 SEAN M CASEY, 0000 FREDERICK B KRAFT, 0000 MARTIN L BADEGIAN, 0000 ROBERT A CASIAS, 0000 MARK A LOWRY, 0000 GREGORY BAGLEY, 0000 GREGORY R CASTELLO, 0000 FRANCISCO J MALDONADO, 0000 WILLIAM M BAILEY, JR, 0000 BILL O CASTILLO, 0000 HARRY P MARSHALL, JR, 0000 TONY D BAKER, 0000 ROBERT C CENTNER, 0000 CHARLES N MARVIN, JR, 0000 ANDREW M BARCLAY, 0000 LEROY R CERBASI, 0000 DANIEL J MATRICIA, 0000 LYNN BARDEN, 0000 SCOTT E CHAMBERS, 0000 PHILIP E MCCUNE, 0000 ALLEN F BAREFORD, 0000 JAMES C CHANDLER, 0000 GARY B MORSCH, 0000 CRAIG A BARGFREDE, 0000 JOHN G CHAPMAN, 0000 SRIDHAR NATARAJAN, 0000 JOHN G BARKER, 0000 CINDRA M CHASTAIN, 0000 MIGUEL A OQUENDO, 0000 JAMES A BARKSDALE, 0000 BYRON L CHERRY, 0000 TERESA L OTTO, 0000 RICHARD C BARR, JR, 0000 DAVID E CHESSER, 0000 SILVINO P PAZCOGUIN, 0000 WILLIAM P BARRIAGE, 0000 HOWARD C CHILDRESS, 0000 SUSAN E PEARSON, 0000 WILLIAM E BARTHELD, 0000 RODERICK CHILDRESS, 0000 JEROME C M PETERS, JR, 0000 KIRK M BAYLESS, 0000 WESTLEY K CHIN, 0000 TIMOTHY P PFANNER, 0000 KENNETH E BEAN, 0000 EDMUND Y H CHING, 0000 KELLY D PRIDGEN, 0000 JOHN H BEARD, 0000 DARRY D CHINN, 0000 CLYDE R REDMOND, 0000 KENNETH A BEARD, 0000 ROBERT B CHISHOLM, 0000

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EDWARD K CHUNFAT, JR, 0000 LARRY A FIELD, 0000 CHARLES S HUTT, 0000 BOBBY L CLAIBORNE, 0000 JEWELL E FIELDS, 0000 DAMON L IGOU, 0000 JOSEPH M CLARK, 0000 WILMA O FIORAVANTI, 0000 JOHN V IMHOF, 0000 DAVID G CLARKSON, 0000 ROBERT A FODE, 0000 JEFFREY E IRELAND, 0000 MAURICE O CLEMONS, 0000 MARY J FORBES, 0000 RUTH A IRWIN, 0000 MARK E COERS, 0000 ANTHONY S FORD, 0000 ORLANDO A IZQUIERDO, 0000 THOMAS G COLE, 0000 DOUGLAS A FORD, 0000 JANNETT N JACKSON, 0000 BART D COLLINS, 0000 EUGENE L FORD III, 0000 WILLIAM M JACOBS, JR, 0000 JOHN COMPARETTO, 0000 MICHAEL A FORD, 0000 BRYAN J JAHNKE, 0000 ABEL L CONCHA, 0000 ANTHONY J FORMICA, 0000 JOHN F JAKUBOWSKI, 0000 DEBORAH A CONLEY, 0000 ALVIN L FOSHEE, JR, 0000 GEORGE J JELICH, JR, 0000 GONZALO CORDOVAMCFALINE, 0000 DENIEUWE I L FOSTER, 0000 KELLY S JENNINGS, 0000 MARK A COSGROVE, 0000 DANIEL A FOURNIE, 0000 BRUCE A JENSEN, 0000 CARLOS G COSTA, 0000 EDWARD G FRIAR, 0000 VINCENT M JOHNS, 0000 MARIO T COSTAGLIOLA, 0000 DOUGLAS W FRISON, 0000 DARREL L JOHNSON, 0000 LEIGH A COULTER, 0000 JOHN M FROST, 0000 DAVID L JOHNSON, 0000 MARJORIE K COURTNEY, 0000 FRANCES K GABLE, 0000 PAUL E JOHNSON, 0000 ROBERT D COWEN, 0000 GERARD R GAGNON, 0000 RAYMOND E JOHNSON, 0000 ROBERT J COY, 0000 CHARLES H GAILES, JR, 0000 RONALD D JOHNSON, 0000 JOHN L CRAFT, 0000 KENNETH L GAINOUS, 0000 TIMOTHY C JOHNSON, 0000 JOHN R CRAIG, 0000 MARION F GALE, JR, 0000 WAYNE JOHNSON, 0000 LISA G CRAIG, 0000 JOHN J GALLAGHER III, 0000 DAVID L JONES, 0000 BARRY P , 0000 TERESA A GALLAGHER, 0000 WALTER L JONES, 0000 JOHN R CRESWELL, 0000 DAVID A GALLOWAY, 0000 DEBORAH F JONESHARRIS, 0000 DON B CRONKHITE, 0000 JESUS M GALVEZORTIZ, 0000 LOUIS H JORDAN, JR, 0000 ARTHUR P CROWDER, 0000 GARY G GARMAN, 0000 WALTER A JUZUKONIS, 0000 WILLIAM S CROWDER, 0000 GERALD E GATTIS, 0000 ALAN R KALIN, 0000 GLENN A CROWTHER, 0000 EARL J GEE, 0000 THOMAS M KANE, 0000 DANIEL A CULVER, 0000 GAIL L GERDING, 0000 RONALD M KAPRAL, 0000 MARK A CUMMINGS, 0000 ALFREDO GERENA, 0000 JAMES KARAS, 0000 DAVID W CUNHA, 0000 BOGDAN B GIENIEWSKI, 0000 STEPHEN E KARSTENSEN, 0000 MICHAEL J CURRIE, 0000 JOHN E GIFFORD, JR, 0000 TIMOTHY W KEASLING, 0000 RODERICK L CUTRIGHT, 0000 JOHN B GILLIS, 0000 MARY D KEAST, 0000 CARY G CUYLER, 0000 GLENN L GIRTMAN, 0000 MATTHEW J KEATING, 0000 CHARLES K DALGLEISH, 0000 WILLIAM L GLASGOW, 0000 JAMES E KEIGHLEY, 0000 JOHN G DALY, 0000 JAMES D GLENN, 0000 WILLIAM K KEITH, 0000 JOHN J DANIELS, 0000 ARTHUR D GLIKIN, 0000 JOHN B KELLER II, 0000 RAND S DANIELSON, 0000 DAVID E GLOVER, 0000 LAWRENCE J KELLY, 0000 MARSHA M DAVIS, 0000 DOUGLAS T GNEISER, 0000 PAUL M KELLY, 0000 ROBERT L DAVIS, JR, 0000 TIMOTHY G GOBLIRSCH, 0000 SEAN M KELLY, 0000 RODNEY G DAVIS, 0000 JANET L GOHMAN, 0000 TIMOTHY J KELLY, 0000 ROBERT L DEAN, 0000 BALDEMIRO GONZALEZ, 0000 DAVID W KENLINE, 0000 BARRY A DEFOOR, 0000 KIPLING J GORE, 0000 GREGORY L KENNEDY, 0000 MIGDALIA DEJESUS, 0000 MICHAEL L GOREHAM, 0000 JAMES M KENNEDY, 0000 ROBERT F DELCAMPO, 0000 JAMES R GORHAM, 0000 JOHN M KIESOV, 0000 JOHN A DELCORE, 0000 GEORGE S GORISHEK, 0000 JENIFER S KILCULLEN, 0000 ROBERTO DELEON, JR, 0000 SUSAN L GOUGH, 0000 MAE A KING, 0000 DARLINE DELESTON, 0000 JAMES E GOWEN, 0000 MARY A KING, 0000 JEFFREY J DELFUOCO, 0000 JAMES J GRANT, 0000 CHRISTIAN P KLINEFELTER, 0000 ROLAND F DEMARCELLUS, 0000 JAMES M GRAY, 0000 CHRISTOPHER P KNEIB, 0000 KENNETH DEMERS, 0000 KENNETH F GRAY, 0000 JOSEPH L KNOTT, 0000 PAUL DEVINCENZO, 0000 MATTHEW C GRAYS, 0000 GERARD J KOEHLER, 0000 DAWN L DEYOUNG, 0000 MARION W GREEN, JR, 0000 GREGORY J KOENDERS, 0000 DAVID T DICE, 0000 JUDY A GREENEBAKER, 0000 JOY A KOESTER, 0000 STEVEN J DICKENSON, 0000 DAVID A GREENWOOD, 0000 RICHARD D KOETHE, 0000 ROBERT E DICKSON, 0000 SHARON D GRESHAM, 0000 SUSAN E KOLB, 0000 ROBERT J DIERKSMEIER, 0000 SCOTTY D GRIGSBY, 0000 KENNETH A KOON, 0000 MICHAEL S O DIETRICH, 0000 JOHN W GRIMES, 0000 ALEXANDER K KOSE, 0000 KIMBERLY A DILLON, 0000 ERIC B GRIMM, 0000 JERRY E KOSIEROWSKI, 0000 JOHN DINAPOLI, 0000 DENISE A GROSS, 0000 RAYMOND P KRESS, JR, 0000 DONATO M DINELLO, 0000 JERONIMO GUARENO, 0000 ROBERT P KROPIK, 0000 SANDRA W DITTIG, 0000 MICHAEL J GUTHRIE, 0000 FONTAINE WILLIAM H LA, 0000 CARROLL E DOBBS, 0000 JAY D HADEN, 0000 MARTIN A LAFFERTY, 0000 CHERYL Y DOLES, 0000 MICHAEL R HADLEY, 0000 MARK S LAKE, 0000 EDWIN C DOMINGO, 0000 MICHAEL J HALL, 0000 DAVID N LANGLEY, 0000 WILLIAM J DORAIS, 0000 PATRICK M HAMILTON, 0000 JAMES H VI LATHAM, 0000 ROBERT E DOUGLAS, 0000 JAMES A HAMPTON, 0000 JOHN W LATHROP, 0000 EDWARD B DOWNEY, 0000 JAY R HANCOCK, 0000 DANIEL R LAVERTUE, 0000 BYRON C DOWSE, JR, 0000 LAWRENCE E HANNAN, 0000 ROBERT J LAWLESS, JR, 0000 BRIAN T DRAKE, 0000 OGDEN HANSFORD, JR, 0000 WILLIAM LAWRENCE, 0000 CHRISTINE A DREWS, 0000 TIMOTHY J HANYOK, 0000 CHRISTOPHER F LAWSON, 0000 WILLIAM C DRIGGERS, 0000 LAWRENCE K HARADA, 0000 JOHN M LAZARO, 0000 TILMAN DRURY II, 0000 ROBERT G HARBS, 0000 RICHARD B LEAP, 0000 SAMUEL W DUDKIEWICZ, 0000 THOMAS A HARDY, 0000 DANIEL B LEATHERMAN, 0000 STEVEN W DUFF, 0000 WILLIAM G HARDY, 0000 DAVID E LEBLANC, 0000 BETH G DUMBLIS, 0000 JOHN K HARMS, 0000 JOSEPH P LEBLANC, 0000 DENNIS J DUNN, 0000 LYNN E HARRELSON, 0000 CHRISTINE M LEBLOND, 0000 LORI M DUPUIS, 0000 ROY C HARRINGTON, 0000 RANDY C LECOMPTE, 0000 ANDREW C DURDEN III, 0000 BRIAN C HARRIS, 0000 JOSEPH H LEDLOW, 0000 DOUGLAS E DYER, 0000 CHAUNCEY HARRIS, 0000 KAREN E LEDOUX, 0000 CHRISTOPHER T EAKER, 0000 JANE I HARRIS, 0000 CHARLES R LEE, JR, 0000 TERRY L EARNEST, 0000 VERNON L HARRIS, 0000 CURTIS A LEE, 0000 GRACE E EDINBORO, 0000 ROBERT H H HARTER, 0000 RUSSELL G LEES, 0000 RACHEL A EDNEY, 0000 RONALD G HARTMAN, 0000 JOHN A LENK, 0000 ALBERT T EDWARDS, 0000 JAMES A HAUN, 0000 KERRY M LEONARD, 0000 DWAYNE R EDWARDS, 0000 RODNEY G HAYES, 0000 BRIAN K LEONHARD, 0000 ELAINE A EDWARDS, 0000 JAMES M HEALEY, JR, 0000 FIRMIN D LEPORI, 0000 JULES D EDWARDS III, 0000 JEAN M HECIMOVICH, 0000 ALLEN W LEPPO, 0000 EDWARD L ELDER, 0000 DOUGLASS S HECKMAN, 0000 BRICE I LESLIE, 0000 JAMES A ELLIOTT, JR, 0000 MICHAEL J HEFTY, 0000 WALTER T LEVENDOSKY, 0000 JEFFREY R ELLIOTT, 0000 ROGER J HEGER, 0000 ALLEN K LEWIS, 0000 JOHN D ELLIS, 0000 GARY F HERCHENROEDER, 0000 AUDREY J LEWIS, 0000 STEPHEN C ELLSWORTH, 0000 MARK T HERRICK, 0000 ELIZABETH A LIECHTI, 0000 DAVID B ENYEART, 0000 DEAN W HESS, 0000 GREGORY W LIMBERIS, 0000 THOMAS A EPPERSON, 0000 WILLIAM J HESTWOOD, 0000 RAY C LINDSEY, 0000 DAVID L SR ERNST, 0000 KEITH E HIBNER, 0000 KENDALL LINSON, 0000 JAMES C ERNST, 0000 JAMES C HILL, 0000 LAWRENCE A LIPSCOMB, JR, 0000 MILDRED A ERONDU, 0000 ELIZABETH H HINES, 0000 MARK T LISI, 0000 MICHAEL G EVENSON, 0000 STEVEN B HIRSCHKOWITZ, 0000 BERNARD P LISWELL, 0000 DONALD L EVERETT, 0000 ROBERT J HODGES III, 0000 CHARLES M LITZELMAN, 0000 MICHAEL A EYRE, 0000 ROBERT L HODGSON, 0000 KEITH D LOCHNER, 0000 WALTER D EZZELL, JR, 0000 DONNA S HOLBROOK, 0000 KATHLEEN A LOFTS, 0000 PETER J FAGAN, 0000 STEVEN P HOLLOWAY, 0000 ARTHUR J LOGAN, 0000 RICARDO A FALCON, 0000 CHRISTOPHER J HOLSHEK, 0000 BENJAMIN D LONEY, 0000 JOSEPH P FALCONE, 0000 COLUMBUS HOOD, 0000 MICHAEL C SR LOQUASTO, 0000 EDWARD T FARMER, 0000 KIM B HOOPER, 0000 BRADFORD N LOUISON, 0000 THOMAS J FARRELL, 0000 JAMES E HOOVER, 0000 DAVID A LOWE, 0000 RICHARD E FAY, 0000 RANDELL K HOWARD, 0000 MICHAEL L LOY, 0000 LOUIS FAZEKAS, 0000 KIMBALL M HUBBERT, 0000 PHILIP LUCI, JR, 0000 GREGORY E FEHLINGS, 0000 MICHAEL J HUDDLESTON, 0000 JEFFREY H LUECK, 0000 JOHN R FELLOWS, 0000 STEPHEN W HUNT, 0000 GREGORY A LUSK, 0000 JORGE M FERNANDEZ, 0000 WILLIAM J HUNT, 0000 DEWEY M LUTZOW, 0000

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DWIGHT A LYDIC, 0000 JAMES E OHARE, 0000 KENNETH A SHANNON, 0000 ROBERT K LYTLE, 0000 STEVEN E OLSON, 0000 RICHARD L SHEIDER, SR 9795 TIMOTHY I MACGILLIS, 0000 WILLIAM J ONEILL, 0000 THOMAS L SHERBAKOFF, 0000 KENNETH C MADDEN, 0000 MICHAEL ORE, 0000 DOUGLAS R SHIPMAN, 0000 PATRICIA A MADDOX, 0000 TIMOTHY E ORR, 0000 EARNEST G SHOWS, JR, 0000 MICHAEL S MADIGAN, 0000 DENNIS M OSTROWSKI, 0000 CHARLES D SHULTS, 0000 LARRY W MAHAR, 0000 JOHN M OTTO, 0000 ANTONIO C SHUMATE, 0000 MARIE M MAHONEY, 0000 KEITH M OWENS, 0000 CLIFFORD M SILSBY, 0000 STEVEN M MAHONEY, 0000 RONALD D J OWENS, 0000 JACK C SKEEN, 0000 SHELLEY L MAHOOD, 0000 BRIAN G PALMORE, 0000 DAVID H SKILTON, 0000 JOHN P MAIETTA, 0000 MARK W PALZER, 0000 NEIL J SKOW, 0000 JIM E MALMGREN, 0000 J THOMAS PARKER, 0000 ROLAN W SMALL, 0000 PATRICIA A MANESSAVERY, 0000 ROBERT D PASQUALUCCI, 0000 ANDY O SMITH, 0000 MARLA A MANN, 0000 DAVID A PASSWATERS III, 0000 CHARLES F SMITH, 0000 BRUNO M MANNARELLI, 0000 STEVEN A PATARCITY, 0000 DENNIS V SMITH, 0000 GLENN R MARCHI, 0000 EVERETT S PAYNE, 0000 GEORGE J SMITH, JR, 0000 LAURA L MARFUT, 0000 QUENTIN L PEACH, 0000 JOEL A SMITH, 0000 JEFFREY P MARLETTE, 0000 DWIGHT W PEARSON, 0000 JOHN B SMITH, 0000 SCOTT A MARQUARDT, 0000 CHARLES H PEDEN, JR, 0000 JOHN J SMITH, 0000 WILLIAM MARRERO, 0000 PATRICIA R PEDRETTI, 0000 KEITH A SMITH, 0000 KENNETH L MARSH, JR, 0000 ALBERT P PEHANICK, 0000 KURT T SMITH, 0000 RANDAL G MARTIN, 0000 DAVID W PEMBERTON, 0000 LARRY J SMITH, 0000 JORGE J MARTINEZ, 0000 STEPHEN B PENCE, 0000 LAWRENCE B SMITH, 0000 SAMUEL W MASSEY, 0000 KENDALL W PENN, 0000 MARK C SMITH, 0000 BURTON L MASTERS, 0000 STUART A PENNELS, 0000 PAUL G SMITH, 0000 DAVID V MATAKAS, 0000 LAYTON H M PENNINGTON, 0000 ROBERT SMITH, 0000 FRANK T MATHESON, 0000 DANIEL G PEPPER, JR, 0000 TONY G SMITH, 0000 JAMES H MATHEWS, JR, 0000 GREGORY R PERCHATSCH, 0000 CHRISTOPHER M SMRT, 0000 MARK W MATHWIG, 0000 ROBERT G PEREZ, 0000 ROBERT G SOECHTING, 0000 MARLON R MAYS, 0000 DOROTHY A PERKINS, 0000 TERRY R SOPHER, JR, 0000 RICHARD L MCBRIDE, 0000 RUSSELL E PERRY, 0000 MICHAEL D SOULE, 0000 AMY S MCBURNIE, 0000 DALE W PETERSON, 0000 KEITH M SOUSA, 0000 LAURIE E MCCABE, 0000 CHARLES E PETRARCA, JR, 0000 STEVEN P SPAAY, 0000 STEPHEN J MCCAHEY, 0000 GORDON W PETRIE, 0000 RALPH E SPARKS, 0000 KENNETH E MCCALLISTER, 0000 CHARLES W PHILLIPS, 0000 TIMOTHY W SPRIGGS, 0000 DENISE C MCCANN, 0000 WILLIAM R PHILLIPS II, 0000 RONALD B SPRINKLE, 0000 EDWARD T MCCLOSKEY, 0000 ROBERT E PHILPOTT, 0000 MICHAEL S STAEBLER, 0000 VANN L MCCLOUD, 0000 ROBERT A PIAZZA, 0000 JOHN B STANFORD, 0000 ELBERT A MCCOLLUM, 0000 LILLIAN C PITTS, 0000 LUTHER J STARR III, 0000 MICHAEL E MCCORMACK II, 0000 MARK A PLANK, 0000 HARRIET L STATEN, 0000 THOMAS J MCCORMICK, JR, 0000 LINDA PLICHTA, 0000 THOMAS H STATON, 0000 WILLIAM M MCCORMICK, 0000 JOHN E PLUNKETT, 0000 PHILIP A STEMPLE, 0000 TERRY G MCCOY, 0000 JOHN W POWELL, 0000 NANCY J STEVENS, 0000 KAREN L MCCURDY, 0000 STERLING A POWELL, 0000 KENNETH B STEVENSON, 0000 MARGARET A MCDEVITT, 0000 ALAN W PROFFITT, 0000 GEORGE L STIGLER, 0000 JOHN J MCDOUGALL, 0000 THOMAS J PURPLE, JR, 0000 DOUGLAS R STILL, 0000 MICHAEL D MCDOWELL, 0000 DEE DEE L QUIGGLE, 0000 DENNIS W STINE, 0000 KYM B MCELHINNEY, 0000 CARL T QUINN, 0000 DEAN K STINSON III, 0000 MICHAEL A MCFADDEN, 0000 JAMES B RABENOLD, 0000 JEROME F STOLINSKI, JR, 0000 BILLY E MCFARLAND, JR, 0000 SOPHIA RAFATJAH, 0000 BOB S STONE, 0000 SCOTT A MCFARLANE, 0000 STEVEN C RAMEY, 0000 MONTE R STOPPELLO, 0000 FRANCIS M MCGINN, 0000 WILLIAM RAMOS, 0000 HARRY D STUDEBAKER, 0000 JOHN K MCGREW, 0000 MATTHEW A RANEY, 0000 GEORGE D SUMMIT, 0000 DAVID J MCGUIRE, 0000 JACKIE L REAVES, 0000 JAMES M SURIANO, 0000 WENDY A MCGUIRE, 0000 FRANK J REBHOLZ, 0000 KATHLEEN J SWACINA, 0000 JOSEPH M MCINNIS, 0000 FELIPE O REYES, 0000 CHARLES W SWANSON, 0000 PATRICK J MCKEEVER, 0000 GEORGE E REYNOLDS III, 0000 PETER SWIDERSKI, 0000 MICHAEL J MCKENNA, 0000 THOMAS M RHATICAN, 0000 MARK D SWOPE, 0000 RICHARD L MCKINNEY, JR, 0000 JIMMY D RHOADES, 0000 LORA J TAFT, 0000 JOHN L MCLEISH, 0000 JAMES R RICHARDSON, 0000 JEFFREY W TALLEY, 0000 KEVIN P MCLINN, 0000 DAVID E RICKFORD, 0000 JAMES C TALLMAN, 0000 KENNETH C MCNEILL, 0000 KEVIN R RIEDLER, 0000 DOROTHY E TANEYHILL, 0000 WARNE D MEAD, JR, 0000 MARCOS RIVERA, 0000 DONALD B TATUM, 0000 DEBORAH L MEARS, 0000 LEANN D ROBINSON, 0000 STUART G TAYLOR, JR, 0000 RICHARD M MEDVED, 0000 MICHAEL E ROBINSON, 0000 DIANN C TERRY, 0000 JORGE MELENDEZVEGA, 0000 GALE E RODENBAUGH, 0000 JAMES M THATCHER, 0000 MARCOS R MENDEZ, 0000 MARIA J RODRIGUEZ, 0000 RONALD R THAXTON, 0000 JOSE M MENDOZA, 0000 RICHARD S RODRIGUEZ, 0000 JOSEPH THOMPSON, 0000 DAVID B MERCIERI, 0000 GOODRICH A ROGERS, 0000 MICHAEL R TIMBERLAKE, 0000 JAMES L MESSER, 0000 MICHAEL H ROGERS, 0000 GERALD P TIMONEY, JR, 0000 BRYAN D MEYERS, 0000 JOSEPH E ROONEY, 0000 LATRICE J TOLLERSON, 0000 HARVEY A MICHLITSCH, 0000 NICHOLAS J ROPER, 0000 CHRISTOPHER G TORELLI, 0000 GARY E MILLER, 0000 MICHAEL E ROREX, 0000 RAFAEL TORRES, 0000 MARY J MILLER, 0000 JOSE R ROSA, 0000 MITCHELL E TORYANSKI, 0000 EDWIN MIRANDA, 0000 JUAN H ROSA, 0000 PETER R TOSI, 0000 JEFFREY F MITCHELL, 0000 RAUL ROSADO, 0000 STEPHEN A TOWN, 0000 JOEL C MJOLSNESS, 0000 GAIL A ROSS, 0000 MARK A TRACY, 0000 OWEN W MONCONDUIT, 0000 JAMES W ROSS, JR, 0000 MICHAEL E TUCKER, 0000 VINCENT J MONTERA, 0000 GINA M ROSSI, 0000 PHILIP E TULLAR, 0000 LAWRENCE K MONTGOMERY, JR, 0000 STANFORD R ROUTT, 0000 PAUL G TUREVON, 0000 TIMOTHY E MONTGOMERY, 0000 GWENDOLYN H RUFF, 0000 DENNIS L TURNAGE, 0000 DIANE B MOORE, 0000 ERMEA J RUSSELL, 0000 ROGER ULLMAN, 0000 JIM D MOORE, 0000 JACQUELINE L RUSSELL, 0000 FRANCIS J VAHLE, JR, 0000 TERRY F MOORER, 0000 PAUL T RUSSELL, 0000 HUGH C VANROOSEN II, 0000 JAMES E MORRIS, JR, 0000 MARK L RUTKOWSKI, 0000 ANTHONY J VERGOPIA, 0000 PAUL L MORSE, 0000 BOBBY L SAILORS, 0000 HENRY F VILLARAMA, 0000 JOHN W MOSER III, 0000 NORMAN Y SAITO, 0000 APRIL M VINSON, 0000 JOHN MOULTON, 0000 CHRISTIAN B SALAMONE, 0000 CATHY J VITTORIA, 0000 KURT MUELLER, JR, 0000 RONALD M SALAZAR, 0000 ROBERT F VORISEK, 0000 BRUCE A MULKEY, 0000 DOUGLAS K SALLEE, 0000 RICKY L WADDELL, 0000 JON D MULLINS, 0000 ROBERT P SAMBORSKI, 0000 STUART E WAHLERS, 0000 BRUCE A MURPHY, 0000 LEON J SANCHEZ, 0000 ROBERT D WALK, 0000 CLYDE E MURRAY, 0000 JORGE L SANTIAGO, 0000 STEPHEN C WALKER, 0000 JOHN S MYERS, 0000 DOUGLAS R SATTERFIELD, 0000 GERALD I WALTER, 0000 DEBORAH G NAGLE, 0000 VINCENT J SAVA, 0000 ROBERT L WALTER, JR, 0000 NICHOLAS P NAVETTA, 0000 JAYSON D SAWYER, 0000 BRYAN W WAMPLER, 0000 MICHAEL J NELSON, 0000 MARSHALL SCHLICHTING, 0000 RANDY H WARM, 0000 ROBERT P NELSON, JR, 0000 DAVID S SCHLIEPER, 0000 KIRK G WARNER, 0000 TRACY A NELSON, 0000 LAWRENCE A SCHMIDT, 0000 STEVEN D WARNER, 0000 DANIEL R NEUFFER, 0000 ROBERT F SCHMITT, 0000 FOY W WATSON, 0000 KEVIN L NEUMANN, 0000 ANDREW K F SCHOBER, 0000 CHARLES H WEBB, 0000 ALDEN C NEVA, 0000 TIMOTHY F SCHROTH, 0000 ROY S WEBB, 0000 KENNETH D NEWLIN, 0000 CHARLES H SCHULZE, 0000 PAUL J WEGMAN, 0000 DAVID B NICKELS, 0000 MICHAEL SCHWED, 0000 ROBERT L WEGNER, JR, 0000 RICARDO A NICOL, 0000 ROBERT L SCOGGINS, JR, 0000 JOSEPH K WEIHS, 0000 DEBORAH A NIGHTINGALE, 0000 STEPHEN K SCOTT, 0000 RONALD P WELCH, 0000 JAMES R NORRIS, 0000 PETER E SEAHOLM, 0000 JIMMIE J WELLS, 0000 MARY R NORRIS, 0000 GIRARD SEITTER, IV 4220 WILLIAM P WENZLER, 0000 STEPHEN J NOVOTNY, 0000 KAREN E SEMERARO, 0000 ROBERT W WESLER, 0000 JOHN M NUNN, 0000 DEREK J SENTINELLA, 0000 RUBEL D WEST, 0000 ROBERT D OBRIEN, JR, 0000 DAWN M SERVON, 0000 RONNIE J WESTMAN, 0000 THERESE M OBRIEN, 0000 VERNON A SEVIER, JR, 0000 SCOTT A WHITE, 0000

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STEPHEN P WHITE, 0000 THOMAS J TOFFOLI, 0000 ROBIN G GENTRY, 0000 JOEL M WIERENGA, 0000 JOHN P VICKERYANTONIO, 0000 KENYON M GILL III, 0000 DANIEL J WIERICHS, 0000 XIAOHUI XIONG, 0000 DANIEL J GILLAN, 0000 DAVID B WILES, 0000 AN ZHU, 0000 THOMAS N GOBEN, 0000 THOMAS P WILKINSON, 0000 RICKEY L GRABOWSKI, 0000 FRANK R WILLIAMS, 0000 IN THE NAVY GARY S GRAHAM, 0000 MARK S WILLIAMS, 0000 STEVEN M GROZINSKI, 0000 CURTIS B WILLIAMSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRUCE A HAINES, 0000 FRANK M WILLIAMSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTIAN N HALIDAY, 0000 ELIZABETH F WILSON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DAVID B HALL, 0000 EMORY S WILSON, 0000 To be captain DOUGLAS M HARDISON, 0000 JEROME WILSON, 0000 DAVID S HEESACKER, 0000 SANDRA B WOOD, 0000 STEVEN P. DAVITO, 0000 DALE E HOUCK, 0000 WILLIAM S WOOD, 0000 KIRK W HYMES, 0000 BRUCE D WOOLPERT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL C JORDAN, 0000 GERALD E WUETCHER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY TODD G KEMPER, 0000 MARC W YATES, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DAVID A LAPAN, 0000 ROGER D YEARWOOD, 0000 To be commander ROBERT F LEARY, 0000 DANIEL L YORK, 0000 DAVID R LEPPELMEIER, 0000 JAMES V YOUNG, JR, 0000 EDWARD S. WAGNER, JR., 0000 RAYMOND F LHEUREUX, 0000 JOHN B YOUNG III, 0000 DONALD J LILES, 0000 MICHAEL L YOWELL, 0000 THE FOLLOWING NAMED OFFICERS FOR TEMPORARY JOHN D LLOYD, 0000 ANTHONY D ZABEK, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE DAVID P LOBIK, 0000 CLAIRE M ZAJAC, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION CHRISTOPHER J LORIA, 0000 JOHN P ZAVEZ, 0000 5721: MICHAEL E LOUDY, 0000 MONTI G ZIMMERMAN, 0000 To be lieutenant commander STEPHEN D MARCHIORO, 0000 EDWARD M ZOELLER, 0000 HENRY B MATHEWS II, 0000 DONALD R ZOUFAL, 0000 SAMUEL ADAMS, 0000 JOHN L MAYER, 0000 TIMOTHY E ALLEN, 0000 BRYAN P MCCOY, 0000 IN THE AIR FORCE THOMAS B AYDT, 0000 SCOTT R MCGOWAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GREGORY L BADGER, 0000 WILLIAM P MCLAUGHLIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR ROBERT C BANDY, 0000 RICHARD C MCMONAGLE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: BRADLEY W BUSCH, 0000 MICHAEL R MELILLO, 0000 EDWARD K BYERS, 0000 JAMES B MILLER, 0000 To be lieutenant colonel JAMES N COLSTON, 0000 THOMAS C MOORE, 0000 KENNETH T CREAMEANS, 0000 MICHAEL J MULLIGAN, 0000 THOMAS S. HOFFMAN, 0000 MICHAEL B DAVIES, 0000 CARL E MUNDY III, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN E FAULK, 0000 SCOTT C MYKLEBY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR MARK R FEGLEY, 0000 NICHOLAS F NANNA, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: ARTHUR C FULLER, 0000 NIEL E NELSON, 0000 JORGE F GARCIA, 0000 DANIEL J ODONOHUE, 0000 To be lieutenant colonel JEFFEREY L HAAS, 0000 MICHAEL J OEHL, 0000 ROGER D HEINKEN, 0000 MICHAEL A OHALLORAN, 0000 HERBERT L. ALLEN, JR., 0000 JOSHUA J HENRY, 0000 JOHN H OHEY, 0000 DALE A. JACKMAN, 0000 ERIC P HIGGS, 0000 FREDERICK M PADILLA, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT B JOHNS, 0000 BRIAN T PALMER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR ROY G KIDDY, 0000 PETER PETRONZIO, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: DANIEL J LOMBARDO, 0000 MICHAEL N PEZNOLA, 0000 GARRICK J MILLER, 0000 DANIEL A PINEDO, 0000 To be lieutenant colonel GARY G MONTALVO, 0000 LAWRENCE J PLEIS III, 0000 LESLIE G. MACRAE, 0000 LARRY A MYERS, 0000 ALAN M PRATT, 0000 ALBERT D OUTCALT, 0000 CLARENCE V PREVATT IV, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAMILLE G PARRA, 0000 PETER M RAMEY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR NIRAV V PATEL, 0000 PETER C REDDY, 0000 FORCE UNDER TITLE 10, U.S.C., 624: MATHEW D PHANEUF, 0000 RICHARD W REGAN, 0000 JOHN P PIENKOWSKI, 0000 SHAWN M REINWALD, 0000 To be major BRIAN K ROTTNEK, 0000 MARC F RICCIO, 0000 OMAR BILLIGUE, 0000 JERROD M SCHRECK, 0000 LAWRENCE R ROBERTS, 0000 MATTHEW S SHIELDS, 0000 GREGORY M RYAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MELVIN R SMITH, 0000 MICHAEL A SANTACROCE, 0000 TO THE GRADES INDICATED IN THE UNITED STATES AIR ALLEN C SUMMERALL, 0000 RICHARD A SCHOTT, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER J TARSA, 0000 RICHARD M SELLECK, 0000 RANDY J VANROSSUM, 0000 TIMOTHY V SHINDELAR, 0000 To be major CAROLINE A SIMKINSMULLINS, 0000 CORBERT K. ELLISON, 0000 IN THE MARINE CORPS FRANK H SIMONDS, JR, 0000 DEAN T SINIFF, 0000 DAVID M. JONES, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GISELLA Y. VELEZ, 0000 PHILLIP J SKALNIAK, JR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- JOHN R SNIDER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL J TAYLOR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR To be colonel DOUGLAS P THOMAS, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: GARY L THOMAS, 0000 ROBERT S ABBOTT, 0000 MARK J TOAL, 0000 To be major THOMAS C ABEL, 0000 JAMES D TURLIP, 0000 GRETCHEN M. ADAMS, 0000 ROSS A ADELMAN, 0000 PATRICK J UETZ, JR, 0000 ROARKE L ANDERSON, 0000 FLOYD J USRY, JR, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DALE M ATKINSON, 0000 CYNTHIA J VALENTIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR PAUL K AUGUSTINE, 0000 KEVIN S VEST, 0000 FORCE, UNDER TITLE 10, U.S.C., SECTIONS 624 AND 1552: MARK T AYCOCK, 0000 DOUGLAS J WADSWORTH, 0000 To be colonel ROBERT S BAKER, 0000 MARK E WAKEMAN, 0000 LUDOVIC M BAUDOINDAJOUX, 0000 JAY D WALKER, 0000 MICHAEL D. SHIRLEY, JR., 0000 MITCHELL A BAUMAN, 0000 DUFFY W WHITE, 0000 MICHAEL F BELCHER, 0000 THOMAS M WILLIAMS, JR, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FRANCIS P BOTTORFF, 0000 DONALD G WOGAMAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR BENJAMIN R BRADEN, 0000 PETER D WOODMANSEE, 0000 FORCE AND FOR REGULAR APPOINTMENT UNDER TITLE GARETH F BRANDL, 0000 GEORGE D ZAMKA, 0000 10, U.S.C., SECTIONS 624 AND 531: GREGG W BRINEGAR, 0000 RONALD M ZICH, 0000 To be major GEORGE H BRISTOL, 0000 JOHN J BROADMEADOW, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MA- GERALD J. HUERTA, 0000 KIRK E BRUNO, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY L. MOORE, 0000 ROBERT F CASTELLVI, 0000 ANTHONY T. WILSON, 0000 PHILLIP C CHUDOBA, 0000 To be lieutenant colonel CHRISTOPHER M CLAYTON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VINCENT A COGLIANESE, 0000 JASON G ADKINSON, 0000 TO THE GRADES INDICATED IN THE UNITED STATES AIR ALBERT T CONORD, 0000 SETH D AINSPAC, 0000 FORCE AND FOR REGULAR APPOINTMENT UNDER TITLE JONATHAN D COVINGTON, 0000 MIGUEL A AMEIGEIRAS, 0000 10, U.S.C., SECTIONS 624 AND 531: JOHN J CRANE, 0000 JOHN R ANDERSON, 0000 To be major LEWIS A CRAPAROTTA, 0000 MICHAEL S ANDERSON, 0000 JAMES T CRAVENS, 0000 DAVID N AREOLA, 0000 MICHAEL F. LAMB, 0000 KEITH W DANEL, 0000 JON M AYTES, 0000 ROBERT R DANKO, 0000 ROBERT A BAIRD, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT E DAVIS, 0000 JOHN G BAKER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR DANIEL C DEAMON, 0000 JAVIER J BALL, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: ROBERT D DEFORGE, 0000 AHMAD BANDANI, 0000 To be major MARK J DESENS, 0000 STEPHEN G BANTA, 0000 PAUL B DUNAHOE, 0000 JASON M BARRETT, 0000 DEAN J CUTILLAR, 0000 MARK W ERB, 0000 SCOTT F BENEDICT, 0000 AARON C HARJU, 0000 STEPHEN A FERRANDO, 0000 MICHAEL L BENNETT, 0000 ANDREW L P HOUSEMAN, 0000 TIMOTHY W FITZGERALD, 0000 INMAN R BESSENGER, 0000 DONALD J MCKEEL, 0000 WILLIAM J FLANNERY, 0000 WILLIE J BEST, 0000 CATHERINE R S PLATT, 0000 MICHAEL J FOLEY, 0000 CHRISTOPHER S BEY, 0000 ROBERT R PORCHIA, 0000 MARK D FRANKLIN, 0000 JOHN W BICKNELL, JR, 0000 TRACY L RUSSELL, 0000 PHILIP D GENTILE, 0000 ELIZABETH S BIRCH, 0000

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JAMES M BLACKBURN, 0000 RICHARD K HILBERER, 0000 MYLES F PEMBER IV, 0000 JASON Q BOHM, 0000 PATRICK A HILLMEYER, 0000 JASON C PERDEW, 0000 BRANTLEY A BOND, 0000 JONATHAN W HITESMAN, 0000 AUSTIN L PETWAY, 0000 LLOYD E BONZO II, 0000 HUNTER H HOBSON, 0000 MICHAEL R PFISTER, 0000 BRADLEY R BORMAN, 0000 THOMAS W HOFER, 0000 RICHARD L PHILLIPS II, 0000 ROBERT V BOUCHER, 0000 DAVID P HOLAHAN, 0000 VON H PIGG, 0000 JOHN R BOWEN, 0000 TODD A HOLMQUIST, 0000 JAMES A POPIELEC, 0000 WILLIAM J BOWERS, 0000 MARK A HOUSE, 0000 PAUL J PRATT, 0000 CHAD M BREEDEN, 0000 JON M JACOBS, 0000 ROBERT F PREMO, 0000 MARK A BRENNAN, 0000 JAMES T JENKINS II, 0000 LESTER B PRICE, 0000 MARK T BRINKMAN, 0000 JEFFREY J JOHNSON, 0000 THOMAS E , 0000 RICKY F BROWN, 0000 PATRICIA JOHNSON, 0000 TRAVIS M PROVOST, 0000 GLEN G BUTLER, 0000 FRANK E JOHNSTON, 0000 JEFFREY W PROWSE, 0000 PATRICK C BYRON, 0000 RONALD F JONES, 0000 NEAL F PUGLIESE, 0000 CHRISTIAN G CABANISS, 0000 STEVEN P KAEGEBEIN, 0000 JOHN M REED, 0000 JAMES C CALEY, 0000 DANIEL R KAISER, 0000 KEITH D REVENTLOW, 0000 JOHN R CALVERT, JR, 0000 GARY F KEIM, 0000 DEREK G RICHARDSON, 0000 MICHEL C CANCELLIER, 0000 JAMES R KENNEDY, 0000 PAUL M RIEGERT, 0000 JOHN H CANE, 0000 CRAIG T KILLIAN, 0000 DONALD J RILEY, JR, 0000 THOMAS CARNESI III, 0000 ANDREW N KILLION, 0000 MITCHELL D RIOS, 0000 DONALD J CARRIER, 0000 GREGORY W KING, 0000 STEPHEN C ROBERTS, 0000 MICHAEL L CARTER, 0000 ERIC R KLEIS, 0000 MACON R ROBINSON, JR, 0000 DAVID P CASEY, 0000 JOSEPH J KLOCEK, JR, 0000 MICHAEL D ROBINSON, 0000 BRIAN W CAVANAUGH, 0000 NICHOLAS L KNIGHT, 0000 DANIEL J RODMAN, 0000 JOHN A CAVAZOS, 0000 JEFFREY S KOJAC, 0000 ALEJANDRO RODRIGUEZ, 0000 JUSTICE M CHAMBERS III, 0000 TIMOTHY A KOLB, 0000 BRENT A RONNING, 0000 CHRISTIAN P CHARLEVILLE, 0000 ANDREW J KOSTIC, JR, 0000 DAVID W ROWE, 0000 CLIFFORD D CHEN, 0000 ERIK B KRAFT, 0000 RICHARD C RUSH, 0000 JAMES D CHRISTMAS, 0000 DAVID P KRAMER, 0000 STANLEY K RUSSELL, 0000 VINCENT E CLARK, 0000 DAVID A KREBS, 0000 KEITH E RUTKOWSKI, 0000 BENJAMIN R CLATTERBUCK, 0000 DALE R KRUSE, 0000 JONATHAN L SACHAR, 0000 SHAWN J COAKLEY, 0000 RUDY R KUBE, 0000 ROBERT P SALASKO, 0000 PHILIP A COLBORN, 0000 THOMAS E KUHN, 0000 DAVID L SANFORD, 0000 RANDALL J COLSON, 0000 MARK C KUSTRA, 0000 JOHN M SAPPENFIELD, 0000 SHANE B CONRAD, 0000 ALBERT A LAGORE, JR, 0000 CHAD L SBRAGIA, 0000 MATTHEW W COON, 0000 CRAIG P LAMBERT, 0000 ALAN SCHACHMAN, JR, 0000 MATTHEW H COOPER, 0000 GEORGE LAMPKIN, JR, 0000 THOMAS A SCHELLIN, 0000 ROBERT P COTE, 0000 DAVID W LANCASTER, 0000 JOEL T SCHIRO, 0000 ANDREW L CRABB, 0000 JOHN R LANGFORD, 0000 STEVEN J SCHMID, 0000 MATTHEW R CRABILL, 0000 DANIEL T LATHROP, 0000 MARK G SCHRECKER, 0000 MICHAEL S CUNINGHAM, 0000 MICHAEL E LATHROP, 0000 STEPHEN S SCHWARZ, 0000 KARON L CURRY, 0000 KEVIN J LEE, 0000 ROBERT R SCOTT, 0000 ROBERT D CURTIS, 0000 JAMES E LEIGHTY, 0000 DONALD A SCRIBNER, 0000 KEITH M CUTLER, 0000 RICHARD E LEINO, 0000 SUSAN B SEAMAN, 0000 MARC E CZAJA, 0000 GERRY W LEONARD, JR, 0000 WILLIAM H SEELY III, 0000 PAUL E DAMPHOUSSE, 0000 KENNETH M LEWTON, 0000 JOHN J SHARKEY, JR, 0000 ROBERT D DASCH, JR, 0000 WILLIAM R LIEBLEIN, 0000 DENNIS J SHERWOOD, 0000 SCOTT T DAVIDS, 0000 STEPHEN E LISZEWSKI, 0000 STEVEN A SIMMONS, 0000 DONALD J DAVIS, 0000 CHRISTOPHER L LOVEJOY, 0000 STEPHEN A SIMPSON, 0000 JAMES D DAVIS, 0000 FRANK E LUGO, JR, 0000 GREGG SKINNER, 0000 TODD S DESGROSSEILLIERS, 0000 ARTHUR R LYMAN IV, 0000 ROBERT B SOFGE, JR, 0000 EDWARD T DEWALD, 0000 TODD W LYONS, 0000 JOHN C SPAHR, 0000 THOMAS P DEWYEA, 0000 WILLIAM J MACKEY, 0000 JOSEPH P SPATARO, 0000 JEFFREY J DILL, 0000 BRIAN L MAGNUSON, 0000 OLIVER B SPENCER, 0000 KELLY G DOBSON, 0000 JOHN A MANNLE, 0000 NICHOLAS A SPIGNESI, 0000 DAN E DOWSE, 0000 JOHN M MANSON II, 0000 CLAY A STACKHOUSE, 0000 CHARLES M DUNNE, 0000 ANTHONY J MANUEL, 0000 SCOTT F STEBBINS, 0000 TERENCE J DUNNE, 0000 GREGORY R MARTIN, 0000 JAMES A STOCKS, 0000 DEAN A EBERT, 0000 JAMES D MARTIN, 0000 JAY P STORMS, 0000 TODD S ECKLOFF, 0000 JOSEPH A MATOS III, 0000 VICTOR S STOVER, 0000 CHARLES E EHLERT, 0000 CHRISTOPHER J MATTEI, 0000 MIKEL E STROUD, 0000 CHRISTOPHER H ELLIS, 0000 DOUGLAS S MAYER, 0000 SCOTT D SUTTON, 0000 TODD J ENGE, 0000 JAMES C MCARTHUR, 0000 DOUGLAS K SWITZER, 0000 BARRY L ENSTICE, 0000 BRENDAN B MCBREEN, 0000 CHRISTOPHER D TAYLOR, 0000 DAVID J ESKELUND, 0000 KYLE B MCCARTHY, 0000 MICHAEL D TENCATE, 0000 KATHERINE J ESTES, 0000 CHRISTINA D MCCLOSKEY, 0000 ANTHONY P TERLIZZI, JR, 0000 ROBB P ETNYRE, 0000 PAUL H MCCONNELL, 0000 ADAM C THARP, 0000 FRED T FAGAN III, 0000 MICHAEL C MCGHEE, 0000 GEOFFREY D THOME, 0000 JOHN P FARNAM, 0000 BRANDON D MCGOWAN, 0000 DAVID C THOMPSON, 0000 DOUGLAS I FEIRING, 0000 FRANK N MCKENZIE, 0000 MATTHEW E TOLLIVER, 0000 ANTHONY A FERENCE, 0000 LAWRENCE S MCKNELLY, 0000 THAD R TRAPP, 0000 MATTHEW D FERINGA, 0000 TIMOTHY J MCLAUGHLIN, 0000 KARL R TRENKER, 0000 GEOFFREY H FIELD, 0000 ARCHIBALD M MCLELLAN, 0000 ALPHONSO TRIMBLE, 0000 ROBERT A FIFER, 0000 CHRISTOPHER A MCPHILLIPS, 0000 MATTHEW G TROLLINGER, 0000 JOHN S FITZPATRICK, 0000 JOHN S MEADE, 0000 ROBERT M TROUTMAN, 0000 JOSE R FLORES, 0000 FLOYD M MEANS, JR, 0000 WILLIAM J TRUAX, JR, 0000 MICHAEL D FLYNN, 0000 JOHN P MEE, 0000 RICK A URIBE, 0000 ALLEN S FORD, 0000 MARK J MENOTTI, 0000 JAY A VANDERWERFF, 0000 JAMES S FRAMPTON, 0000 ANDRE L MERCIER, 0000 CHRISTIAN A VEERIS, 0000 TIMOTHY C FRANTZ, 0000 JOHN E MERNA, 0000 MICHAEL R VILLANDRE, 0000 MICHAEL J GANN II, 0000 RANDALL H MESSER, 0000 BRETT A WADSWORTH, 0000 KARL J GANNON, 0000 RONI A MEYERHOFF, 0000 THOMAS A WAGONER, JR, 0000 MICHAEL GANTE, JR, 0000 ANDREW R MILBURN, 0000 MARK M WALTER, 0000 PETER J GARFIELD, 0000 JEFFREY W MILLER, 0000 PAUL J WARE, 0000 ERIC B GARRETTY, 0000 LAWRENCE F MILLER, 0000 MICHAEL E WATKINS, 0000 TYSON B GEISENDORFF, 0000 DON A MILLS, SR, 0000 JEFFREY G WEBB, 0000 STEVEN G GERACOULIS, 0000 JAMES H MOORE, 0000 RUDOLF WEBBERS, 0000 SEAN D GIBSON, 0000 ANTONIO J MORABITO III, 0000 CLIFFORD J WEINSTEIN, 0000 GREGORY G GILLETTE, 0000 DAN E MORRIS, 0000 ERIC S WEISSBERGER, 0000 ROBERTO J GOMEZ, 0000 JAMES M MORRISROE, 0000 FRANK E WENDLING, 0000 JEFFERY O GOODES, 0000 CHRISTOPHER W MORTON, 0000 JAMES P WEST, 0000 FLAY R GOODWIN, 0000 JOHN A MULLIN, 0000 SEAN D WESTER, 0000 MICHAEL J GOUGH, 0000 JAMES E MUNROE II, 0000 CHARLES A WESTERN, 0000 JOHN M GRAHAM, 0000 MARK A MURPHY, 0000 BRIAN H WIKTOREK, 0000 VERNON L GRAHAM, 0000 JOSEPH M MURRAY, 0000 GLENN S WILLIAMS, 0000 THOMAS E GRATTAN III, 0000 CHRISTOPHER L NALER, 0000 CURTIS L WILLIAMSON III, 0000 CHRISTOPHER M GREER, 0000 LAWRENCE A NATHAN, 0000 DONALD K WIMP, 0000 DUDLEY R GRIGGS, 0000 CHAD R NELSON, 0000 TIMOTHY E WINAND, 0000 FRANCIS A GRZYMKOWSKI, JR, 0000 KENNETH A NELSON, 0000 MARK E WINN, 0000 GLENN R GUENTHER, 0000 VAN Q NGUYEN, 0000 JONATHAN A WOODCOCK, 0000 ANDREW J GUNDERSON, 0000 BRENT R NORQUIST, 0000 JOSEPH A WOODWARD, JR, 0000 JON M HACKETT, 0000 SEAN P ODOHERTY, 0000 JAMES B ZIENTEK, 0000 BRINLEY M HALL III, 0000 DANIEL P OHORA, 0000 SCOTT R HALL, 0000 BRIAN P OKEEFE, 0000 IN THE COAST GUARD GREGORY J HANVILLE, 0000 DUANE A OPPERMAN, 0000 MARK S HARRINGTON, 0000 RENE A ORELLANA, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WAYNE C HARRISON, 0000 DAVID M OWEN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES KENT W HAYES, 0000 CHRIS PAPPAS III, 0000 COAST GUARD RESERVE UNDER TITLE 10, U.S.C., 12203(A): CASON N HEARD, 0000 ROBERT Y PARK, 0000 GREGORY M HEINES, 0000 TIMOTHY M PARKER, 0000 To be captain RYAN P HERITAGE, 0000 ARTHUR J PASAGIAN, 0000 JAMES B HIGGINS, JR, 0000 RICHARD W PAULY, 0000 VINCENT M. WEBER, 0000

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00042 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—SENATE 193

THE FOLLOWING NAMED CADETS FOR APPOINTMENT GEORGE F HALL, 0000 JEFFREY K PADILLA, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NICHOLAS J HAMILTON, 0000 AARON T PARKER, 0000 COAST GUARD UNDER TITLE 14, U.S.C., SECTION 211: TIFFANY A HANSEN, 0000 BRITTANY C PARKER, 0000 To be ensign JARED A HARLOW, 0000 JENNIFER G PAULSON, 0000 AMY E HARMEL, 0000 KIRA M PETERSON, 0000 JOHN C ADAMS, 0000 ADRIAN P HARRIS, 0000 SARAH E PETRELLA, 0000 MICHAEL S ADAMS, JR, 0000 JONATHAN R HARRIS, 0000 ERIN K PIGORS, 0000 RYAN F ADAMS, 0000 RYAN D HAWN, 0000 HAROLD N I PIPER II, 0000 MATTHEW E ALEX, 0000 RYAN P HENEBERY, 0000 JOHN P POLEY, 0000 MARY KATHLEEN O HERON, 0000 HILLARY A ALLEGRETTI, 0000 GREG H PONZI, 0000 ELIZABETH M HETRICK, 0000 NICHOLAS M ANDERSON, 0000 RYAN B POPIEL, 0000 JOSIAH D HILL, 0000 KAREN E APPEL, 0000 JOSEPH H PRIDE, 0000 JOHN W HOLDERMAN, 0000 MARC J ARMAS, 0000 JEDEDIAH A RASKIE, 0000 HUNTER T ATHERTON, 0000 GORDON A HOOD, 0000 DAVID W RATNER, 0000 ELIZABETH G BAKER, 0000 TASHA R HOOD, 0000 TRACEY L RICHARDS, 0000 MORGAN R BARBIERI, 0000 WILLIAM J HOUDE, JR, 0000 CORY A RIESTERER, 0000 JIAH G BARNETT, 0000 CHRISTOPHER R F HOWARD, 0000 SEAN H BARTONICEK, 0000 NATALIA M HOY, 0000 JOSEPH E RIZZO, 0000 ADRIAN A C BEER, 0000 PETER C HSU, 0000 NATHANIEL R ROSS, 0000 DANIEL BELL, 0000 ZACHARY D HUFF, 0000 JUSTIN F RULE, 0000 ERIN M BIEMILLER, 0000 MELISSA J HUSKA, 0000 AMANDA C RYAN, 0000 ORION R BLOOM, 0000 JESSE E HYLES, 0000 THOMAS A SANBORN, 0000 TIMOTHY E BOETTNER, 0000 CHRISTOPHER A JASNOCH, 0000 ERNEST A C SAPONARA, 0000 JORDAN T BOGHOSIAN, 0000 JOSEPH K JOHNSON, 0000 KATIE R SAVOIE, 0000 SARA BOOTH, 0000 LEE H JONES II, 0000 NATHANIEL P SELAVKA, 0000 ELISABETH BOSMA, 0000 ALANNA G KALTSAS, 0000 JOSEPH R SEMKE, 0000 JOSHUA D BOYLE, 0000 JESSICA A KANE, 0000 NICHOLAS C SENIUK, 0000 ELIZABETH L BRAKER, 0000 PETER J KARDAS, 0000 MATTHEW A SHAFFER, 0000 BRITTANY G BREWSTER, 0000 MATTHEW V KEMPE, 0000 MATTHEW R SHAFFER, 0000 MATTHEW P BRINKLEY, 0000 JEANNETTE M KILLEN, 0000 KRISTEN A SHALLOW, 0000 ANTONIO D BRINO, 0000 HELEN Y KIM, 0000 REBECCA B SHULTS, 0000 BRIAN J BRUNS, 0000 JASON M KLING, 0000 AMY C SIBERT, 0000 HOLLY J BUCHEIT, 0000 KELLY L KOCH, 0000 GREGORY S SICKELS, 0000 ALEXANDER G BUCHLER, 0000 GEORGE C KOLUMBIC, 0000 JUSTIN C SMITH, 0000 BRIAN M BUSH II, 0000 SCOTT R KOSER, 0000 JESSICA A SNYDER, 0000 JONATHAN M BYAR, 0000 BRIAN A KUDRLE, 0000 TRACY M SPEELHOFFER, 0000 JACOB M KYER, 0000 NELSON W CABLE, 0000 GRAYSON C STALVEY, 0000 JEFFREY M LAMONT, 0000 ERIN L CADA, 0000 JASON R STANKO, 0000 PETER M LANG, JR, 0000 BRYAN S CANTFIL, 0000 BENJAMIN W STEVENSON, 0000 JONATHAN D K LEE, 0000 MARLON C CHICHESTER, 0000 DAVID W STUTT, 0000 KELLY L CHMIELECKI, 0000 LINDSEY E LEFEBVRE, 0000 CONOR J SULLIVAN, 0000 JOEL C COITO, 0000 NICHOLAS D LEITER, 0000 RICHARD W SULLIVAN, JR, 0000 CLAY R CROMER, 0000 REBECCA M LENBERG, 0000 CHRISTOPHER E SVENCER, 0000 MICHAEL D CROWE, 0000 JENNIFER N LOPEZ, 0000 TRACEY L SWAYNOS, 0000 LAWRENCE M CURRAN, 0000 GREG T LOVELESS, 0000 COLLEEN A SYMANSKY, 0000 ANDREW J CZARNIAK, 0000 CRAIG G MACKENZIE, 0000 RICHARD C SZOKA, 0000 AMALIA E DARATSOS, 0000 NATHAN P MACKENZIE, 0000 JOSHUA J DAUBENSPECK, 0000 ANDREW P MADJESKA, 0000 NICOLE M TESONIERO, 0000 STACEY R DAWSON, 0000 FRANK A MARCHESKI, 0000 FELICIA S THOMAS, 0000 DAVID J DEPTULA, 0000 JUSTIN M MATEJKA, 0000 MICHAEL C THOMAS, 0000 ANTHONY M DESTEFANO, 0000 CHRISTOPHER N MCANDREW, 0000 JONATHAN T TILLMAN, 0000 JOSHUA M DI PIETRO, 0000 TYLER J MCGILL, 0000 CHRISTOPHER W TOMS, 0000 JAYME L DUBINSKY, 0000 HEATHER M MEINEKE, 0000 LAWRENCE E TORMEY, 0000 BENJAMIN R DUNKERTON, 0000 HEIDI L MILLER, 0000 ANTHONY T TRAN, 0000 MICHAEL E DURKTON, 0000 KEVIN L MILLER II, 0000 CHRISTINE M UNDERWOOD, 0000 STEPHEN M ELLIOTT, 0000 PAUL J MILLER, 0000 STEVEN B VAN DERLASKE, 0000 DANIEL G EYER, 0000 RYAN C MILLER, 0000 KYRA N VAN ECHO, 0000 MICHAEL S FAHEY, 0000 WILLIAM C MILLWARD, 0000 GREGORIO J VERA II, 0000 BOBBIE JEAN FELIX, 0000 SARA P MONACO, 0000 PAMELA R WADE, 0000 MICHAEL P FELTOVIC, 0000 BRIAN P MONAGHAN, 0000 RYAN T WAITT, 0000 JOHN A FERREIRA, 0000 JEREMY J MONTES, 0000 JOHN H WALTERS, 0000 DANIEL F FLYNN, 0000 DARLA M MORA, 0000 MATTHEW E WARANIUS, 0000 CATHERINE F GABINELLE, 0000 EMILY L MORRISON, 0000 BRYAN D WATTS, 0000 JEFFREY M GARVEY, 0000 MATTHEW K A MOTHANDER, 0000 JORELL R WEBB, 0000 PETER U GAVIN, 0000 LANE M MUNROE, 0000 CHRISTOPHER C WEISER, 0000 GREGORY C GOLPHIN, 0000 ELISABETH T MURTHA, 0000 SAMANTHA M WHITTEN, 0000 ISAAC R GORDON, 0000 SAMUEL L NELSON, 0000 KIMBERLY M WILSON, 0000 LUKE J GRANT, 0000 DAVID T NEWCOMB, 0000 DEWEY W WORKER, 0000 KARIMA A GREENAWAY, 0000 ELIZABETH J NEWTON, 0000 CHAD A YEAMANS, 0000 MICHAEL J GROFF, 0000 GERALD W NEWTON, 0000 LILY A ZEPEDA, 0000 GINNY R GUSTAFSON, 0000 BENJAMIN K OLOUGHLIN, 0000 JOSHUA L ZIKE, 0000 DANIEL R HACKETT, 0000 ROLAND T I ORR II, 0000 MATTHEW S ZOLNIEREK, 0000 MEGHAN M HAGUE, 0000 THOMAS R OSBORN, JR, 0000 ANDREW H ZUCKERMAN, 0000

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00043 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 194 CONGRESSIONAL RECORD—HOUSE January 6, 2005 HOUSE OF REPRESENTATIVES—Thursday, January 6, 2005

The House met at 11 a.m. and was CLYBURN) come forward and lead the Committee on Rule: Mr. Gingrey. called to order by the Speaker pro tem- House in the Pledge of Allegiance. Committee on Science: Mr. Boehlert, pore (Mr. SIMPSON). Mr. CLYBURN led the Pledge of Alle- Chairman. giance as follows: Committee on Small Business: Mr. Man- f zullo, Chairman. I pledge allegiance to the Flag of the Committee on Transportation and Infra- DESIGNATION OF THE SPEAKER United States of America, and to the Repub- PRO TEMPORE structure: Mr. Don Young of Alaska, Chair- lic for which it stands, one nation under God, man. The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. Committee on Veterans’ Affairs: Mr. fore the House the following commu- f Buyer, Chairman. nication from the Speaker: ELECTION OF MAJORITY MEM- Committee on Ways and Means: Mr. Thom- WASHINGTON, DC, as, Chairman; Mr. Shaw; Mrs. Johnson of January 6, 2005. BERS TO CERTAIN STANDING Connecticut; Mr. Herger; Mr. McCrery; Mr. I hereby appoint the Honorable MICHAEL K. COMMITTEES Camp; Mr. Ramstad; Mr. Nussle; Mr. John- SIMPSON to act as Speaker pro tempore on Mr. PENCE. Mr. Speaker, by direc- son of Texas; Mr. Portman; Mr. English; Mr. this day. tion of the Republican Conference, I Hayworth; Mr. Weller; Mr. Hulshof; Mr. Ron J. DENNIS HASTERT, offer a privileged resolution (H. Res. 32) Lewis of Kentucky; Mr. Foley; Mr. Brady; Speaker of the House of Representatives. Mr. Reynolds; Mr. Ryan of Wisconsin; Mr. and ask for its immediate consider- f Cantor; Mr. Linder; Ms. Hart; Mr. Beauprez; ation. and Mr. Chocola. PRAYER The Clerk read the resolution, as fol- Mr. PENCE (during the reading). Mr. lows: The Chaplain, the Reverend Daniel P. Speaker, I ask unanimous consent that H. RES. 32 Coughlin, offered the following prayer: the resolution be considered as read God of justice and Lord of history, Resolved, That the following Members be and printed in the RECORD. In 1821 John Quincy Adams said, ‘‘Let and are hereby elected to the following us not be unmindful that liberty is standing committees of the House of Rep- The SPEAKER pro tempore. Is there power . . . The nation blessed with the resentatives. objection to the request of the gen- greatest portion of liberty must, in Committee on Agriculture: Mr. Goodlatte, tleman from Indiana? proportion to its numbers, be the most Chairman. There was no objection. Committee on Appropriations: Mr. Jerry The resolution was agreed to. powerful nation on Earth.’’ Lewis of California, Chairman; Mr. C.W. Bill Your scriptures tell us, Lord, ‘‘Bal- A motion to reconsider was laid on Young of Florida; Mr. Regula; Mr. Rogers of the table. ance and scales belong to the Lord; all Kentucky; Mr. Wolf; Mr. Kolbe; Mr. Walsh; weights of justice are His concern.’’ Mr. Taylor of North Carolina; Mr. Hobson; f Lord God, through the years, the Mr. Istook; Mr. Bonilla; Mr. Knollenberg; ELECTION OF MINORITY MEMBERS three branches of government and the Mr. Kingston; Mr. Frelinghuysen; Mr. TO CERTAIN STANDING COMMIT- Wicker; Mr. Cunningham; Mr. Tiahrt; Mr. Electoral College have had a lot to do TEES with balancing power in this Nation. Wamp; Mr. Latham; Mrs. Northup; Mr. Ader- Today as the legislative branch of holt; Mrs. Emerson; Ms. Granger; Mr. Peter- Mr. CLYBURN. Mr. Speaker, by di- government counts the votes of the son of Pennsylvania; Mr. Goode; Mr. Doo- rection of the Democratic Caucus, I Electoral College to verify the election little; Mr. LaHood; Mr. Sweeney; Mr. Sher- offer a privileged resolution (H. Res. 33) wood; Mr. Weldon of Florida; Mr. Simpson; and ask for immediate consideration. of the President, we praise and thank Mr. Culberson; Mr. Kirk; Mr. Crenshaw; Mr. you for the intuition of law-abiding Rehberg; Mr. Carter; and Mr. Alexander. The Clerk read the resolution, as fol- citizens who seek justice in every free Committee on Armed Services: Mr. Hunter, lows: election and for the desire of founding Chairman. H. RES. 33 fathers to have both the voice of large Committee on Budget: Mr. Nussle, Chair- Resolved, That the following named Mem- and small States, and the votes of man. bers be and are hereby elected to the fol- Committee on Education and the Work- lowing standing committees of the House of States with the most and the least in force: Mr. Boehner, Chairman. Representatives: population, both be heard and counted. Committee on Energy and Commerce: Mr. (1) COMMITTEE ON AGRICULTURE.—Mr. May the 109th Congress measure and Barton, Chairman; Mr. Hall; Mr. Bilirakis; Peterson of Minnesota. be measured in the balance of dialogue Mr. Upton; Mr. Stearns; Mr. Gillmor; Mr. (2) COMMITTEE ON APPROPRIATIONS.—Mr. and justice. And may every citizen of Deal; Mr. Whitfield; Mrs. Cubin; Mr. Shim- Obey. this great Nation find balance in his or kus; Mrs. Wilson of New Mexico; Mr. Pick- (3) COMMITTEE ON ARMED SERVICES.—Mr. ering; Mr. Fossella; Mr. Blunt; Mr. Buyer; her own life so to find peace in oneself Skelton. Mr. Radanovich; Mr. Bass; Mr. Pitts; Mrs. and fairness with others. (4) COMMITTEE ON THE BUDGET.—Mr. Bono; Mr. Walden; Mr. Terry; Mr. Ferguson; So we will pray and act now and for- SPRATT. Mr. Mike Rogers of Michigan; Mr. Otter; ever. Amen. (5) COMMITTEE ON EDUCATION AND THE WORK- Mrs. Myrick; Mr. Sullivan; Mr. Murphy; Mr. FORCE—Mr. George Miller of California. f Burgess; and Mrs. Blackburn. (6) COMMITTEE ON ENERGY AND COMMERCE.— THE JOURNAL Committee on Financial Services: Mr. Oxley, Chairman. Mr. Dingell. The SPEAKER pro tempore. The Committee on Government Reform: Mr. (7) COMMITTEE ON FINANCIAL SERVICES.—Mr. Chair has examined the Journal of the Tom Davis of Virginia, Chairman. Frank of Massachusetts. last day’s proceedings and announces Committee on Homeland Security: Mr. (8) COMMITTEE ON GOVERNMENT REFORM.— to the House his approval thereof. Cox, Chairman. Mr. Waxman. Pursuant to clause 1, rule I, the Jour- Committee on House Administration: Mr. (9) COMMITTEE ON HOMELAND SECURITY.— Mr. Thompson of Mississippi. nal stands approved. Ney, Chairman. Committee on : Mr. (10) COMMITTEE ON INTERNATIONAL RELA- f Hyde, Chairman. TIONS.—Mr. Lantos. PLEDGE OF ALLEGIANCE Committee on Judiciary: Mr. Sensen- (11) COMMITTEE ON THE JUDICIARY.—Mr. brenner, Chairman. Conyers. The SPEAKER pro tempore. Will the Committee Resources: Mr. Pombo, Chair- (12) COMMITTEE ON RESOURCES.—Mr. Rahall. gentleman from South Carolina (Mr. man. (13) COMMITTEE ON RULES.—Ms. Slaughter.

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.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 195 (14) COMMITTEE ON SCIENCE.—Mr. Gordon. it to the Enrons of Wall Street. Will HONORING SERGEANT JEREMY (15) COMMITTEE ON SMALL BUSINESS.—Ms. Wall Street care about what happens to WRIGHT Vela´ zquez. precious Social Security funds when (Mr. PENCE asked and was given per- (16) COMMITTEE ON TRANSPORTATION AND IN- more than half of the private pension FRASTRUCTURE.—Mr. Oberstar. mission to address the House for 1 (17) COMMITEE ON VETERANS’ AFFAIRS.—Mr. funds in the U.S. are already insolvent minute and to revise and extend his re- Evans. and cut Social Security benefits? marks.) (18) COMMITTEE ON WAYS AND MEANS.—Mr. No one is cutting the cost of food, Mr. PENCE. Mr. Speaker, in Decem- Rangel. rent, electricity, gas, oil or property ber I had the privilege of leading a del- The resolution was agreed to. taxes. egation of my colleagues to visit Amer- A motion to reconsider was laid on There is a solution. Keep the Wall ican forces serving in Operation Endur- the table. Street/White House hands off. Do not ing Freedom in Kabul, Jalalabad and privatize Social Security. Do not cut f Bagram Air Force Base in Afghanistan. Social Security benefits. Social Secu- As we learned during our journey, ANNOUNCEMENT BY THE SPEAKER rity is rock solid through the year 2042. Mr. Speaker, Afghanistan is a place PRO TEMPORE The crisis is the attempted theft of re- where American generosity and Amer- The SPEAKER pro tempore. The tirees’ benefits. ican power are succeeding. But upon Chair will entertain five one-minutes Mr. Speaker, call the cops. The my return I had a grim and heart- per side. American people are being robbed. breaking reminder of who deserves the f credit. The American soldier. Lit- f AMERICAN BOXER REBELLION erally, the day that I arrived back to LEGITIMATE ELECTION work here on Capitol Hill this week, I (Mr. HAYWORTH asked and was (Mr. PITTS asked and was given per- was notified by the military and by his given permission to address the House family of the combat death of Sergeant mission to address the House for 1 for 1 minute and to revise and extend minute and to revise and extend his re- Jeremy Wright of Shelbyville, Indiana, his remarks.) an incident that claimed his life just 6 marks.) Mr. HAYWORTH. And so, Mr. Speak- Mr. PITTS. Mr. Speaker, today, Con- short weeks after arriving for duty in er, it begins, the canard of hyperbole, Afghanistan. gress will certify the votes of the Elec- the delusional statements, indeed, toral College. In doing so, we will reaf- It is written that no greater love has word coming to this body that later a man than this that he should lay firm the historic victory won by Presi- today, in a joint session, one from the dent Bush. On November 2, 2005, he won down his life for his friends. other body will lead an American-born So I conclude that Sergeant Jeremy more votes than any candidate in his- Boxer Rebellion. Wright’s name, like every other Amer- tory, becoming the first President The conspiracy theorists use cel- ican soldier lost in the war on terror in since Franklin Roosevelt to win reelec- luloid and mockumentaries and fevered Afghanistan and Iraq, Sergeant Jeremy tion while leading his party to two con- imaginings to try to mischaracterize Wright’s name will be enshrined in the secutive gains in the Senate. debate and, as we understand, even this hearts of two grateful nations, the Based on conspiracy theories and afternoon, try to dissuade numbers and United States of America and the free speculation, some in the minority facts. Islamic Republic of Afghanistan, for- party will seek to derail the constitu- Mr. Speaker, the sour grapes, the ever. tional duty we will seek to carry out sensationalism, the conspiracy theo- f today. They are wrong for doing so. ries, and the fear and smear should be President Bush won Ohio by 118,457 laid to rest. It will be later this after- RIGHTFUL ELECTION votes. Again, some will not accept the noon, and for the American people it (Mr. FOLEY asked and was given per- results of a democratic election. They will be through vigorous factual de- mission to address the House for 1 intend to prolong legal challenges to bate. minute and to revise and extend his re- achieve in court what they could not f marks.) achieve on Election Day. Mr. FOLEY. Mr. Speaker, we are de- Look at the basis for the legal chal- BOXER REBELLION OF TODAY lighted to be here today to swear the lenge, Mr. Speaker. Mysterious hackers (Mr. KIRK asked and was given per- electoral votes from all the States in manipulating voting machines, phan- mission to address the House for 1 the Union. Having witnessed in 2000, tom agents committing unspecified minute and to revise and extend his re- very upfront and personal, there were a acts, Senator KERRY receiving fewer marks.) lot of charges made at that time that votes than another statewide can- Mr. KIRK. Mr. Speaker, if you be- votes were stolen, elections were didate, and the final results not reflect- lieve in today’s Boxer Rebellion, you rigged. Time and time again evidence ing numbers. must believe that the 627 million votes proved that those charges were false Mr. Speaker, this is absurd. None of for President Bush do not count. You and malicious; and the President of the these charges are legitimate. But votes must believe that the 50 Secretaries of United States, who was elected and are. The quicker we accept the fact, get State who certified their elections sworn into that office, was in fact the on with addressing the issues that were all wrong. You must believe that rightful recipient of that title. caused the American people to support Ohio’s Secretary of State lied in his Now, I understand today that there George Bush in record numbers, the solemn certification of Ohio’s elec- may be more mischief relative to an- better we will be. torate. You must believe that Senator other State in the Union who is having f KERRY was all wrong when he said the the laser beam of focus on it and that election should be decided by voters, is Ohio. ROBBING THE AMERICAN PEOPLE not lawyers. Now, Florida was declared victorious (Mr. KUCINICH asked and was given Today, you will hear from Members for President Bush in 2000. In 2004, for permission to address the House for 1 of Congress who want to choose a a larger plurality of Floridians, the minute and to revise and extend his re- President here in Congress because Democratic party worked tirelessly to marks.) they do not like the choice that was provide workers in Florida, having wit- Mr. KUCINICH. Mr. Speaker, this made at the voting booth. But, here in nessed new faces from around almost morning we learned the White House America, elections should be decided at every county, participating in the wants to not only privatize Social Se- home at the and not here by democratic way of trying to help their curity but also wants to cut retirees’ extremist Members of Congress who candidate. No excuses can be made. benefits. Privatization takes money show themselves on national television The President of the United States, from retirees on Main Street and gives to be sore losers. George W. Bush, won reelection; and

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we are here today to do our constitu- the floor reserved. Social Security is a Ms. HARMAN of California. tional duty to convey those electoral very, very important issue for Ameri- f votes as properly counted and tab- cans. There have been a lot of com- ACCELERATION OF INCOME TAX ulated and declared for the candidate ments in the newspaper about poten- BENEFITS FOR CHARITABLE who received the majority. tial damage, destruction of Social Se- CASH CONTRIBUTIONS FOR RE- curity; and I can assure my colleagues, b 1115 LIEF OF VICTIMS OF INDIAN as one Member who comes from the OCEAN TSUNAMI Ohio declared the victory for George fifth largest Medicare-eligible popu- W. Bush. Florida did as well, as did lation in America of all 435 districts, Mr. HAYWORTH. Mr. Speaker, I ask many other States; and our Com- that this truly is an important endeav- unanimous consent that the Com- mander in Chief and President of the or for our Congress, and we should not mittee on Ways and Means be dis- United States is duly entitled to re- be using brick bats to demonize one charged from further consideration of ceive the swearing-in ceremonies on side or the other about plans. the bill (H.R. 241) to accelerate the in- these grounds on January 20. We should talk constructively about come tax benefits for charitable cash Now, having Floridians subjected to the opportunities to engage, both sides contributions for the relief of victims a lot of catcalls and acrimony over of the aisle, whether it is the gen- of the Indian Ocean tsunami, and ask their voting habits, we are delighted for its immediate consideration in the tleman from New York (Mr. RANGEL) or another State has taken that honor; the gentleman from California (Mr. House. but without question, having analyzed The Clerk read the title of the bill. THOMAS), who have significant ideas the documents, having witnessed com- The SPEAKER pro tempore. Is there about how to improve the structural mittee hearings on allegations and yet objection to the request of the gen- nature of this important program. no one brought meaningful charges, we tleman from Arizona? No one’s trying to destroy it. No- are pleased and delighted that Presi- There was no objection. body’s trying to uncouple it, but we are dent Bush again will serve this Nation The Clerk read the bill, as follows: trying to look at rational ways in for the next 4 years. H.R. 241 This weekend I would like to remind which we can deliver the benefits not Be it enacted by the Senate and House of Rep- our Members that we celebrate the 10th only to those who are currently en- resentatives of the United States of America in anniversary of the 104th Congress. We rolled in the system, but those who are Congress assembled, are proud of the class that was elected. starting their first job or just born. SECTION 1. ACCELERATION OF INCOME TAX BEN- EFITS FOR CHARITABLE CASH CON- My colleague, the gentleman from Ari- It is much too important to have po- larization on a topic that is so criti- TRIBUTIONS FOR RELIEF OF INDIAN zona (Mr. HAYWORTH), has made ar- OCEAN TSUNAMI VICTIMS. rangements for us all to go to Arizona cally important to our citizens. Our (a) IN GENERAL.—For purposes of section to think back on what we have seniors need not be frightened. Forty- 170 of the Internal Revenue Code of 1986, a achieved the last 10 years and what we five-year-olds need not be wondering taxpayer may treat any contribution de- whether it is going to be there for scribed in subsection (b) made in January hope to go forward with. A lot of im- 2005 as if such contribution was made on De- portant issues like Social Security, them. A 30-year-old should not consider Social Security like UFOs, unattain- cember 31, 2004, and not in January 2005. Medicare, prescription drug coverage, (b) CONTRIBUTION DESCRIBED.—A contribu- things of that nature, will be discussed able, unavoidable or unlikely. tion is described in this subsection if such at this conference. The system is going to be preserved. contribution is a cash contribution made for The gentleman from Arizona (Mr. How we do that depends on the willing- the relief of victims in areas affected by the December 26, 2004, Indian Ocean tsunami for HAYWORTH) and the gentleman from Il- ness of both sides of the aisle to talk constructively about how to create a which a charitable contribution deduction is linois (Mr. WELLER) have been leaders allowable under section 170 of the Internal in the effort, and I see my colleague ap- financial network, strengthen the sys- tem in order that recipients in the fu- Revenue Code of 1986. proaching the mike. The bill was ordered to be engrossed ture may, in fact, receive their full Mr. HAYWORTH. Mr. Speaker, will and read a third time, was read the the gentleman yield? benefits. third time, and passed, and a motion to Mr. FOLEY. I yield to the gentleman f reconsider was laid on the table. from Arizona. APPOINTMENT OF TELLERS ON Mr. HAYWORTH. Mr. Speaker, I f THE PART OF THE HOUSE TO thank the gentleman for yielding. RECESS COUNT ELECTORAL VOTES Mr. Speaker, I thank my friend from The SPEAKER pro tempore. Pursu- Florida, especially in terms of the fact The SPEAKER pro tempore (Mr. ant to clause 12(a) of rule I, the Chair that a quick check of the weather map SIMPSON). Pursuant to Senate Concur- declares the House in recess until ap- indicates that his district may enjoy rent Resolution 1, 109th Congress, and proximately 12:55 p.m. temperatures in the 80s this weekend; the order of the House of January 4, Accordingly (at 11 o’clock and 21 and in Arizona, we are just creeping 2005, the Chair announces the Speak- minutes a.m.), the House stood in re- back up to 65 in the Sonoran Desert. So er’s appointment as tellers on the part cess until approximately 12:55 p.m. I appreciate the fact that he is willing of the House to count the electoral f to pack a sweater. Hopefully, no um- votes: brella will be needed in the wake of the the gentleman from Ohio, Mr. NEY, b 1258 moisture. We very much needed it in and AFTER RECESS the desert earlier this week and in the the gentleman from Connecticut, Mr. The recess having expired, the House high country in terms of snow. LARSON. was called to order by the Speaker at But weather aside, we hope that all f 12 o’clock and 58 minutes p.m. our friends from the class of 1994 and APPOINTMENT OF MEMBER TO f the 104th Congress will enjoy their THE PERMANENT SELECT COM- time as we take a look at where we MESSAGE FROM THE PRESIDENT MITTEE ON INTELLIGENCE have been and where we are headed in A message in writing from the Presi- this 109th Congress. The SPEAKER pro tempore. Pursu- dent of the United States was commu- Mr. FOLEY. Mr. Speaker, I was not ant to clause 11 of rule X, clause 11 of nicated to the House by Mr. Sherman going to brag about the weather in rule I, and the order of the House of Williams, one of his secretaries. January 4, 2005, the Chair announces Florida, but I have repeatedly on either f Fox News Channel or in other cir- the Speaker’s appointment of the fol- cumstances. lowing Member of the House to the SWEARING IN OF MEMBER-ELECT If I could also make one other men- Permanent Select Committee on Intel- The SPEAKER. Will the gentleman tion on Social Security while I have ligence: from Arizona (Mr. SHADEGG) please

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 197 take his place in the well of the House There was no objection. the State of Delaware seems to be reg- and take the oath of office at this time. The VICE PRESIDENT. After ular in form and authentic, and it ap- Mr. SHADEGG appeared at the bar of ascertaining that certificates are reg- pears therefrom that JOHN F. KERRY of the House and took the oath of office, ular in form and authentic, the tellers the Commonwealth of Massachusetts as follows: will announce the votes cast by the received 3 votes for President and John Do you solemnly swear that you will electors for each State, beginning with Edwards of the State of North Carolina support and defend the Constitution of Alabama. received 3 votes for Vice President. the United States against all enemies, Senator LOTT (one of the tellers). Senator LOTT. Mr. President, the foreign and domestic; that you will Mr. President, the certificate of the certificate of the electoral vote of the bear true faith and allegiance to the electoral vote of the State of Alabama District of Columbia seems to be reg- same; that you take this obligation seems to be regular in form and au- ular in form and authentic, and it ap- freely, without any mental reservation thentic, and it appears therefrom that pears therefrom that JOHN F. KERRY of or purpose of evasion; and that you will George W. Bush of the State of Texas the Commonwealth of Massachusetts well and faithfully discharge the duties received 9 votes for President and DICK received 3 votes for President and John of the office upon which you are about CHENEY of the State of Wyoming re- Edwards of the State of North Carolina to enter, so help you God. ceived 9 votes for Vice President. received 3 votes for Vice President. f Mr. NEY (one of the tellers). Mr. Mr. NEY. Mr. President, the certifi- President, the certificate of the elec- ANNOUNCEMENT BY THE SPEAKER cate of the electoral vote of the State toral vote of the State of Alaska seems of Florida seems to be regular in form The SPEAKER. Under clause 5(d) of to be regular in form and authentic, and authentic, and it appears there- rule XX, the Chair announces to the and it appears therefrom that George from that George W. Bush of the State House that, in light of the swearing in W. Bush of the State of Texas received of Texas received 27 votes for President of the gentleman from Arizona, the 3 votes for President and DICK CHENEY and DICK CHENEY of the State of Wyo- whole number of the House is adjusted of the State of Wyoming received 3 ming received 27 votes for Vice Presi- to 429. votes for Vice President. dent. f Senator JOHNSON (one of the tell- Senator JOHNSON. Mr. President, COUNTING ELECTORAL VOTES— ers). Mr. President, the certificate of the certificate of the electoral vote of JOINT SESSION OF THE HOUSE the electoral vote of the State of Ari- the State of Georgia seems to be reg- AND SENATE HELD PURSUANT zona seems to be regular in form and ular in form and authentic, and it ap- TO THE PROVISIONS OF SENATE authentic, and it appears therefrom pears therefrom that George W. Bush CONCURRENT RESOLUTION 1 that George W. Bush of the State of of the State of Texas received 15 votes (HOUSE OF REPRESENTATIVES— Texas received 10 votes for President for President and DICK CHENEY of the JANUARY 6, 2005) and DICK CHENEY of the State of Wyo- State of Wyoming received 15 votes for ming received 10 votes for Vice Presi- Vice President. At 1:02 p.m., the Sergeant at Arms, dent. Mr. LARSON of Connecticut. Mr. Wilson Livingood, announced the Vice Mr. LARSON of Connecticut (one of President, the certificate of the elec- President and the Senate of the United the tellers). Mr. President, the certifi- toral vote of the State of Hawaii seems States. cate of the electoral vote of the State to be regular in form and authentic, The Senate entered the Hall of the of Arkansas seems to be regular in and it appears therefrom that JOHN F. House of Representatives, headed by form and authentic, and it appears KERRY of the Commonwealth of Massa- the Vice President and the Secretary of therefrom that George W. Bush of the chusetts received 4 votes for President the Senate, the Members and officers State of Texas received 6 votes for and John Edwards of the State of of the House rising to receive them. The Vice President took his seat as President and DICK CHENEY of the North Carolina received 4 votes for the Presiding Officer of the joint con- State of Wyoming received 6 votes for Vice President. vention of the two Houses, the Speaker Vice President. Senator LOTT. Mr. President, the of the House occupying the chair on his Senator LOTT. Mr. President, the certificate of the electoral vote of the left. certificate of the electoral vote of the State of Idaho seems to be regular in The joint session was called to order State of California seems to be regular form and authentic, and it appears by the Vice President. in form and authentic, and it appears therefrom that George W. Bush of the The VICE PRESIDENT. Mr. Speaker therefrom that JOHN F. KERRY of the State of Texas received 4 votes for and Members of Congress, pursuant to Commonwealth of Massachusetts re- President and DICK CHENEY of the the Constitution and laws of the ceived 55 votes for President and John State of Wyoming received 4 votes for United States, the Senate and House of Edwards of the State of North Carolina Vice President. Representatives are meeting in joint received 55 votes for Vice President. Mr. NEY. Mr. President, the certifi- session to verify the certificates and Mr. NEY. Mr. President, the certifi- cate of the electoral vote of the State count the votes of the electors of the cate of the electoral vote of the State of Illinois seems to be regular in form several States for President and Vice of Colorado seems to be regular in form and authentic, and it appears there- President of the United States. and authentic, and it appears there- from that JOHN F. KERRY of the Com- After ascertainment has been had from that George W. Bush of the State monwealth of Massachusetts received that the certificates are authentic and of Texas received 9 votes for President 21 votes for President and John correct in form, the tellers will count and DICK CHENEY of the State of Wyo- Edwards of the State of North Carolina and make a list of the votes cast by the ming received 9 votes for Vice Presi- received 21 votes for Vice President. electors of the several States. dent. Senator JOHNSON. Mr. President, The tellers on the part of the two Mr. LARSON of Connecticut. Mr. the certificate of the electoral vote of Houses will please take their places at President, the certificate of the elec- the State of Indiana seems to be reg- the Clerk’s desk. toral vote of the great State of Con- ular in form and authentic, and it ap- The tellers, Mr. LOTT and Mr. JOHN- necticut seems to be regular in form pears therefrom that George W. Bush SON on the part of the Senate, and Mr. and authentic, and it appears there- of the State of Texas received 11 votes NEY and Mr. LARSON of Connecticut on from that JOHN F. KERRY of the Com- for President and DICK CHENEY of the the part of the House, took their places monwealth of Massachusetts received 7 State of Wyoming received 11 votes for at the desk. votes for President and John Edwards Vice President. The VICE PRESIDENT. Without ob- of the State of North Carolina received Mr. LARSON of Connecticut. Mr. jection, the tellers will dispense with 7 votes for Vice President. President, the certificate of the elec- reading formal portions of the certifi- Senator JOHNSON. Mr. President, toral vote of the State of Iowa seems to cates. the certificate of the electoral vote of be regular in form and authentic, and

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 198 CONGRESSIONAL RECORD—HOUSE January 6, 2005 it appears therefrom that George W. toral vote of the State of Minnesota toral vote of the State of New Mexico Bush of the State of Texas received 7 seems to be regular in form and au- seems to be regular in form and au- votes for President and DICK CHENEY of thentic, and it appears therefrom that thentic, and it appears therefrom that the State of Wyoming received 7 votes JOHN F. KERRY of the Commonwealth George W. Bush of the State of Texas for Vice President. of Massachusetts received 9 votes for received 5 votes for President, and DICK Senator LOTT. Mr. President, the President, that John Edwards of the CHENEY of the State of Wyoming re- certificate of the electoral vote of the State of North Carolina received 1 vote ceived 5 votes for Vice President. State of Kansas seems to be regular in for President, and John Edwards of the Senator LOTT. Mr. President, the form and authentic, and it appears State of North Carolina received 10 certificate of the electoral vote of the therefrom that George W. Bush of the votes for Vice President. State of New York seems to be regular State of Texas received 6 votes for Senator LOTT. Mr. President, the in form and authentic, and it appears President and DICK CHENEY of the certificate of the electoral vote of the therefrom that JOHN F. KERRY of the State of Wyoming received 6 votes for State of Mississippi seems to be regular Commonwealth of Massachusetts re- Vice President. in form and authentic, and it appears ceived 31 votes for President, and John Mr. NEY. Mr. President, the certifi- therefrom that George W. Bush of the Edwards of the State of North Carolina cate of the electoral vote of the Com- State of Texas received 6 votes for received 31 votes for Vice President. monwealth of Kentucky seems to be President, and DICK CHENEY of the Mr. NEY. Mr. President, the certifi- regular in form and authentic, and it State of Wyoming received 6 votes for cate of the electoral vote of the State appears therefrom that George W. Bush Vice President. of North Carolina seems to be regular of the State of Texas received 8 votes Mr. NEY. Mr. President, the certifi- in form and authentic, and it appears for President and DICK CHENEY of the cate of the electoral vote of the State therefrom that George W. Bush of the State of Wyoming received 8 votes for of Missouri seems to be regular in form State of Texas received 15 votes for Vice President. and authentic, and it appears there- President, and DICK CHENEY of the Senator JOHNSON. Mr. President, from that George W. Bush of the State State of Wyoming received 15 votes for the certificate of the electoral vote of of Texas received 11 votes for Presi- Vice President. the State of Louisiana seems to be reg- dent, and DICK CHENEY of the State of Senator JOHNSON. Mr. President, ular in form and authentic, and it ap- Wyoming received 11 votes for Vice the certificate of the electoral vote of pears therefrom that George W. Bush President. the State of North Dakota seems to be Senator JOHNSON. Mr. President, of the State of Texas received 9 votes regular in form and authentic, and it the certificate of the electoral vote of for President and DICK CHENEY of the appears therefrom that George W. Bush the State of Montana seems to be reg- State of Wyoming received 9 votes for of the State of Texas received 3 votes ular in form and authentic, and it ap- for President, and DICK CHENEY of the Vice President. pears therefrom that George W. Bush State of Wyoming received 3 votes for Mr. LARSON of Connecticut. Mr. of the State of Texas received 3 votes President, the certificate of the elec- Vice President for President, and DICK CHENEY of the Mr. NEY. Mr. President, the certifi- toral vote of the State of Maine seems State of Wyoming received 3 votes for cate of the electoral vote of the well- to be regular in form and authentic, Vice President. known and great State of Ohio seems and it appears therefrom that JOHN F. Mr. LARSON of Connecticut. Mr. KERRY of the Commonwealth of Massa- President, the certificate of the elec- to be regular in form and authentic, chusetts received 4 votes for President toral vote of the State of Nebraska and it appears therefrom that George and John Edwards of the State of seems to be regular in form and au- W. Bush of the State of Texas received North Carolina received 4 votes for thentic, and it appears therefrom that 20 votes for President and DICK CHENEY Vice President. George W. Bush of the State of Texas from the from the State of Wyoming received 20 votes for Vice President. Senator LOTT. Mr. President, the received 5 votes for President, and DICK The VICE PRESIDENT. For what certificate of the electoral vote of the CHENEY of the State of Wyoming re- State of Maryland seems to be regular ceived 5 votes for Vice President. purpose does the gentlewoman from in form and authentic, and it appears Senator LOTT. Mr. President, the Ohio rise? therefrom that JOHN F. KERRY of the certificate of the electoral vote of the Mrs. JONES of Ohio. Mr. Vice Presi- Commonwealth of Massachusetts re- State of Nevada seems to be regular in dent, I seek to object to the electoral ceived 10 votes for President and John form and authentic, and it appears votes of the State of Ohio on the Edwards of the State of North Carolina therefrom that George W. Bush of the ground that they were not, under all of received 10 votes for Vice President. State of Texas received 5 votes for the known circumstances, regularly given and have a signed objection, and b 1315 President, and DICK CHENEY of the State of Wyoming received 5 votes for I do have a Senator. Mr. NEY. Mr. President, the certifi- Vice President. The VICE PRESIDENT. Has the Sen- cate of the electoral vote of the Com- Mr. NEY. Mr. President, the certifi- ator signed the objection? monwealth of Massachusetts seems to cate of the electoral vote of the State Mrs. JONES of Ohio. Mr. Vice Presi- be regular in form and authentic, and of New Hampshire seems to be regular dent, the Senator has signed the objec- it appears therefrom that JOHN F. in form and authentic, and it appears tion. KERRY of the Commonwealth of Massa- therefrom that JOHN F. KERRY of the The VICE PRESIDENT. An objection chusetts received 12 votes for Presi- Commonwealth of Massachusetts re- presented in writing and signed by both dent, and John Edwards of the State of ceived 4 votes for President, and John a Representative and a Senator com- North Carolina received 12 votes for Edwards of the State of North Carolina plies with the law, chapter 1 of title 3, Vice President. received 4 votes for Vice President. United States Code. Senator JOHNSON. Mr. President, Senator JOHNSON. Mr. President, The Clerk will report the objection. the certificate of the electoral vote of the certificate of the electoral vote of The Clerk read the objection as fol- the State of Michigan seems to be reg- the State of New Jersey seems to be lows: ular in form and authentic, and it ap- regular in form and authentic, and it We, a Member of the House of Representa- pears therefrom that JOHN F. KERRY of appears therefrom that JOHN F. KERRY tives and a United States Senator, object to the Commonwealth of Massachusetts of the Commonwealth of Massachusetts the counting of the electoral votes of the received 17 votes for President, and received 15 votes for President, and State of Ohio on the ground that they were John Edwards of the State of North not, under all of the known circumstances, John Edwards of the State of North regularly given. Carolina received 17 votes for Vice Carolina received 15 votes for Vice STEPHANIE TUBBS JONES, President. President. Representative, State Mr. LARSON of Connecticut. Mr. Mr. LARSON of Connecticut. Mr. of Ohio. President, the certificate of the elec- President, the certificate of the elec- BARBARA BOXER,

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 199 Senator, State of Cali- a prosecutor; and thank God they live educate, mobilize and protect, there fornia. to see me serve as a Member of the were long lines, 4- to 5-hour waits. The VICE PRESIDENT. Are there House of Representatives. Election Protection Coalition testi- further objections to the certificate I am duty bound to follow the law fied that more than half of the com- from the State of Ohio? and apply the law to the facts as I find plaints about long lines they received The Chair hears none. them, and it is on behalf of those mil- came from Columbus and Cleveland The VICE PRESIDENT. The two lions of Americans who believe in and where a huge proportion of the State’s Houses will withdraw from joint ses- value our democratic process and the Democratic voters live. One entire sion. Each House will deliberate sepa- right to vote that I put forth this ob- polling place in Cuyahoga County had rately on the pending objection and re- jection today. If they are willing to to shut down at 9:25 a.m. on election port its decision back to the joint ses- stand at polls for countless hours in day because there were no working ma- sion. the rain, as many did in Ohio, then I chines. On provisional balloting, Cuya- The Senate will now retire to its should surely stand up for them here in hoga County had over-all provisional Chamber. the halls of Congress. ballot rejection of 32 percent. Rejection The Senate retired to its Chamber. This objection does not have at its rates for provisional ballots in African The SPEAKER. Pursuant to Senate root the hope or even the hint of over- American precincts and wards in Cleve- Concurrent Resolution 1 and section 17 turning the victory of the President; land averaged 37 percent and in some of title 3, the United States Code, when but it is a necessary, timely, and ap- as high as 51 percent. two Houses withdraw from the joint propriate opportunity to review and Significant flaws in registration session to count the electoral vote for remedy the most precious process in process and procedures. Initial research separate consideration of objection, a our democracy. I raise this objection identified at least 600 individuals Representative may speak to the objec- neither to put the Nation in the tur- purged from the Cuyahoga County vot- tion for 5 minutes and not more than moil of a proposed overturned election ing rolls without a due process. Cuya- once. Debate shall not exceed 2 hours, nor to provide cannon fodder or par- hoga County analysis of 10,900 voter ap- after which the Chair will put the ques- tisan demagoguery for my fellow Mem- plications showed that almost 3,000 tion, ‘‘Shall the objection be agreed bers of Congress. I raise this objection were never entered; address updates re- to?’’ because I am convinced that we as a ceived but never updated; mistakes in The Clerk will report the objection body must conduct a formal and legiti- entering addresses. made in the joint session. mate debate about election irregular- I thank the Speaker for the oppor- The Clerk read the objection as fol- ities. I raise this objection to debate tunity to be heard, and I raise the ob- lows: the process and protect the integrity of jection on behalf of the electors of the We, a Member of the House of Representa- the true will of the people. State of Ohio. tives and a United States Senator, object to Again, I thank Senator BOXER. Ms. PRYCE of Ohio. Mr. Speaker, I the counting of the electoral votes of the There are serious allegations in two rise to address the House for 5 minutes. State of Ohio on the ground that they were lawsuits pending in Ohio that debate The SPEAKER. The Chair recognizes not, under all of the known circumstances, the constitutionality of the denial of the gentlewoman from Ohio. regularly given. provisional ballots to voters: One, the Ms. PRYCE of Ohio. Mr. Speaker, on STEPHANIE TUBBS JONES, Sandusky County Democratic Party v. one recent, crisp autumn morning in Representative, State of Ohio. J. Kenneth Blackwell and Ohio’s vote Boston, one tired-looking Presidential BARBARA BOXER, recount, Yost v. David Cobb, et al. hopeful took the stage in front of a Senator, State of Cali- These legitimate questions brought large crowd of loyal, yet disappointed, fornia. forward by the lawsuits, which go to faces to say the following words: ‘‘It is The SPEAKER. The Chair will en- the core of our voting and democratic now clear that even when all the provi- deavor to alternate recognition be- process, should be resolved before sional ballots are counted, which they tween Members speaking in support of Ohio’s electoral votes are certified. will be, and which they were, there the objection and Members speaking in Moreover, as you are aware, advanc- won’t be enough outstanding votes for opposition to the objection. ing legislative is more chal- us to be able to win Ohio. And, there- The Chair recognizes the gentle- lenging when you are in the minority fore, we cannot win this election.’’ And woman from Ohio (Mrs. JONES) for 5 party in the Congress. However, this so JOHN KERRY conceded the Presi- minutes. challenge is multiplied when you are in dency to George W. Bush with grace Mrs. JONES of Ohio. Mr. Speaker, I, the minority in the House of Rep- and dignity. STEPHANIE TUBBS JONES, and BARBARA resentatives because of the House rules Apparently such admirable qualities BOXER, a Senator from California, have compared to the Senate rules. do not apply to certain extreme ele- objected to the counting of the elec- Voting irregularities were an issue ments of Senator KERRY’s own party. toral votes of the State of Ohio on the after the 2000 Presidential election For if they did, surely this House ground that they were not, under all of when the House initiatives relating to would not be standing here today the known circumstances, regularly election reform were not considered. bogged down in this frivolous debate. given. Therefore, in order to prevent our Mr. Speaker, on the other side of the I, thank God, have a Senator joining voices from being kept silent, it is im- aisle, a handful of Members will step me in this objection, and I appreciate perative that we object to the counting forward and claim that they are here Senator BOXER’s willingness to listen of Ohio’s electoral votes. to contest an election of this Nation. to the plight of hundreds, and even What happened in Ohio in Cuyahoga They will claim that there was fraud thousands of Ohio voters, that for a va- County. There are just over 1 million and that the result was invalid. Ameri- riety of reasons were denied the right registered voters in Cuyahoga County cans, do not be deceived. Their inten- to vote. which, of course, includes my congres- tions in this whole process are merely sional district. Registration increased to sow doubts and undermine public b 1330 approximately 10 percent. The beauty confidence in the electoral system Unfortunately, objecting to the elec- of the 2004 election was that more peo- itself. Their challenges to the legit- toral votes from Ohio is the only im- ple were fully prepared to exercise imacy of this election are no more than mediate avenue to bring these issues to their right to vote; however, on elec- another exercise in their party’s pri- light. While some have called our cause tion day, hundreds and even thousands mary strategy, to obstruct, to divide, foolish, I can assure you that my par- of individuals went to the voting polls and to destroy. In other words, their ents, Mary and Andrew Tubbs, did not and were denied the opportunity. In my objection is a front for their lack of raise any fools. They raised a lawyer, own county where citizen volunteers ideas. With absolutely no credible they raised a former judge, they raised put forth a Herculean effort to register, agenda for America, these Democrats

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 200 CONGRESSIONAL RECORD—HOUSE January 6, 2005 have opted to try and change the past ty. The Democratic board of election raise grave doubts regarding whether it can rather than work for a better future members have not challenged the be said the Ohio electors selected on Decem- Mr. Speaker, we just welcomed a new count or the outcome in any county. ber 13, 2004, were chosen in a manner that year and began a new Congress. Repub- This should be voted down. conforms to Ohio law, let alone federal re- quirements and constitutional standards. licans are ready and eager to ask the Mr. Speaker, I rise today with a heavy heart This report, therefore, makes three rec- questions and prompt the debate that on this issue. In all of the years that I have ommendations: (1) consistent with the re- will produce results for America. We been in public service, I think this is one of the quirements of the United States Constitu- want to talk about ways to reduce most base, outrageous acts to take place. tion concerning the counting of electoral health care costs for families and de- Ohio’s State Democratic Chairman, whose votes by Congress and Federal law imple- bate ways to create more jobs for name is Denny White, has not, to the best of menting these requirements, there are ample Americans. We are ready to discuss my knowledge, challenged the count or out- grounds for challenging the electors from the how to strengthen our schools to better come of this election. State of Ohio; (2) Congress should engage in No Ohio Democratic County Chairman has further hearings into the widespread irreg- educate our children. ularities reported in Ohio; we believe the But apparently some Democrats only challenged the count or outcome of this elec- problems are serious enough to warrant the want to gripe about counts, recounts, tion in any county. appointment of a joint select Committee of and recounts of recounts. So eager are No Ohio Democratic Board of Election the House and Senate to investigate and re- they to abandon their job as public member has challenged the count or outcome port back to the Members; and (3) Congress servants, they have cast themselves in of this election in any county. needs to enact election reform to restore our the role of Michael Moore, concocting The people of the State of Ohio are not people’s trust in our democracy. These wild conspiracy theories to distract the challenging the results of the election. The changes should include putting in place more American public. Such aspiring fantasy challenges we are hearing today are politically specific federal protections for federal elec- tions, particularly in the areas of audit capa- authors should note the facts before motivated by partisan politicians. They are bility for electronic voting machines and they let the ink dry on this tall tale. casting aspersions on the bipartisan electing casting and counting of provisional ballots, For example, the request for an Ohio officials within the State of Ohio. This is unfair as well as other needed changes to federal recount has already been fulfilled, and and wrong to do to those hardworking, dedi- and state election laws. it verified what we already knew, what cated officials. With regards to our factual finding, in Senator JOHN KERRY knew the first All of the major newspapers in Ohio have brief, we find that there were massive and day, that President Bush won Ohio by editorialized against this despicable action unprecedented voter irregularities and nearly 120,000 votes, an overwhelming taken by the minority. anomalies in Ohio. In many cases these Mr. Speaker, the American people want us irregularities were caused by intentional and comfortable margin. Indeed, misconduct and illegal behavior, much of it George W. Bush is the first Presi- to work together in a bipartisan fashion. My involving Secretary of State J. Kenneth dential candidate to win the majority constituents ask me why we don’t work to- Blackwell, the co-chair of the Bush-Cheney of the popular vote since 1988. And, Mr. gether more often. What we are seeing here campaign in Ohio. Speaker, every single major editorial today, two days after being sworn in, is why First, in the run up to election day, the board of every newspaper in Ohio has we don’t see more comity in the House. this following actions by Mr. Blackwell, the Re- called this effort a sham. action is setting the wrong tone for the begin- publican Party and election officials Eighty-eight separate bipartisan ning of the 109th Congress. disenfranchised hundreds of thousands of election boards from every county in This debate today is not going to change Ohio citizens, predominantly minority and Democratic voters: Ohio, even Cuyahoga, have verified and the result of the election, but it will poison the The misallocation of voting machines led vouched for the integrity of the re- atmosphere of the House of Representatives. to unprecedented long lines that sults. Are we to believe that the hun- Mr. Speaker, this challenge should be over- disenfranchised scores, if not hundreds of dreds of Democrats who sit on these whelmingly defeated. thousands, of predominantly minority and boards were actively working against Mr. CONYERS. Mr. Speaker, I rise to Democratic voters. This was illustrated by their own party and their own Presi- address the House. the fact that the Washington Post reported dential candidate? No local, county, or The SPEAKER. The gentleman from that in Franklin County, ‘‘27 of the 30 wards State election officials in Ohio are con- Michigan is recognized for 5 minutes. with the most machines per registered voter Mr. CONYERS. Mr. Speaker, I in- showed majorities for Bush. At the other end testing this election. Not one. The of the spectrum, six of the seven wards with overwhelming majority of Ohioans are clude for printing in the CONGRES- the fewest machines delivered large margins not contesting this election, so why SIONAL RECORD the staff report of the for Kerry.’’ Among other things, the con- should politicians in Washington? House Judiciary Committee Demo- scious failure to provide sufficient voting Mr. Speaker, it is a shame that these cratic staff entitled, ‘‘Preserving De- machinery violates the Ohio Revised Code Democrats have resorted to such base- mocracy: What Went Wrong in Ohio.’’ which requires the Boards of Elections to less and meritless tactics to begin the PRESERVING DEMOCRACY: WHAT WENT WRONG ‘‘provide adequate facilities at each polling place for conducting the election.’’ 109th Congress. And it is a shame that IN OHIO Mr. Blackwell’s decision to restrict provi- they have placed their partisan war, EXECUTIVE SUMMARY sional ballots resulted in the disenfranchise- disclaimed by their own candidate Representative John Conyers, Jr., the ment of tens, if not hundreds, of thousands of above what is best for the country and Ranking Democrat on the House Judiciary voters, again predominantly minority and to use the great State of Ohio as their Committee, asked the Democratic staff to Democratic voters. Mr. Blackwell’s decision vehicle. conduct an investigation into irregularities departed from past Ohio law on provisional Mr. Speaker, I yield the balance of reported in the Ohio presidential election ballots, and there is no evidence that a my time to my friend and colleague and to prepare a Status Report concerning broader construction would have led to any significant disruption at the polling places, from the great State of Ohio (Mr. HOB- the same prior to the Joint Meeting of Con- gress scheduled for January 6, 2005, to re- and did not do so in other states. SON). ceive and consider the votes of the electoral Mr. Blackwell’s widely reviled decision to Mr. HOBSON. Mr. Speaker, I rise college for president. The following Report reject voter registration applications based with a heavy heart today on this issue. includes a brief chronology of the events; on paper weight may have resulted in thou- I think this is, in all the years I have summarizes the relevant background law; sands of new voters not being registered in been in politics, one of the most base, provides detailed findings (including factual time for the 2004 election. outrageous acts to take place. The findings and legal analysis); and describes The Ohio Republican Party’s decision to Democratic State chairman in our various recommendations for acting on this engage in preelection ‘‘caging’’ tactics, se- State has not challenged, to my knowl- Report going forward. lectively targeting 35,000 predominantly mi- edge, the count or the outcome in any We have found numerous, serious election nority voters for intimidation had a negative irregularities in the Ohio presidential elec- impact on voter turnout. The Third Circuit county. His name is Denny White. The tion, which resulted in a significant dis- found these activities to be illegal and in di- Democratic chairman of no county enfranchisement of voters. Cumulatively, rect violation of consent decrees barring the that I know of has challenged either these irregularities, which affected hundreds Republican Party from targeting minority the count or the outcome in any coun- of thousands of votes and voters in Ohio, voters for poll challenges.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 201 The Ohio Republican Party’s decision to thousands of voters and call the entire re- staff met with GAO officials. In this meet- utilize thousands of partisan challengers count procedure into question (as of this ing, GAO officials advised that, on its own concentrated in minority and Democratic date the recount is still not complete): authority, the GAO was prepared to move areas likely disenfranchised tens of thou- Mr. Blackwell’s failure to articulate clear forward with a wide ranging analysis of sys- sands of legal voters, who were not only in- and consistent standards for the counting of temic problems in the 2004 elections. GAO of- timidated, but became discouraged the long provisional ballots resulted in the loss of ficials also advised Judiciary staff that they lines. Shockingly, these disruptions were thousands of predominantly minority votes. would be unable to examine each and every publicly predicted and acknowledged by Re- In Cuyahoga County alone, the lack of guid- specific election complaint, but would look publican officials: Mark Weaver, a lawyer for ance and the ultimate narrow and arbitrary at some such complaints as exemplars of the Ohio Republican Party, admitted the review standards significantly contributed to broader deficiencies. challenges ‘‘can’t help but create chaos, the fact that 8,099 out of 24,472 provisional At the same time, the offices of Demo- longer lines and frustration.’’ ballots were ruled invalid, the highest pro- cratic Staff and of Democratic Judiciary Mr. Blackwell’s decision to prevent voters portion in the state. Committee Members were deluged with e- who requested absentee ballots but did not Mr. Blackwell’s failure to issue specific mails and complaints about the election. receive them on a timely basis from being standards for the recount contributed to a While such complaints are still being proc- able to receive provisional ballots likely lack of uniformity in violation of both the essed, close to 100,000 such complaints were disenfranchised thousands, if not tens of Due Process Clause and the Equal Protection received. As of this writing, the Judiciary thousands, of voters, particularly seniors. A Clauses. We found innumerable irregularities Democratic office alone is receiving approxi- federal court found Mr. Blackwell’s order to in the recount in violation of Ohio law, in- mately 4,000 such e-mails a day. More than be illegal and in violation of HAVA. cluding (i) counties which did not randomly half of these complaints were from one state: Second, on election day, there were numer- select the precinct samples; (ii) counties Ohio. The Election Protection Coalition has ous unexplained anomalies and irregularities which did not conduct a full hand court after testified that it received more complaints on involving hundreds of thousands of votes the 3% hand and machine counts did not election day concerning irregularities in that have yet to be accounted for: match; (iii) counties which allowed for irreg- Ohio than any other state. There were widespread instances of intimi- ular marking of ballots and failed to secure On December 2, 2004, Members of the Judi- dation and misinformation in violation of and store ballots and machinery; and (iv) ciary Committee wrote to Ohio Secretary of the Voting Rights Act, the Civil Rights Act counties which prevented witnesses for can- State Kenneth Blackwell that these com- of 1968, Equal Protection, Due Process and didates from observing the various aspects of plaints appear collectively to constitute a the Ohio right to vote. Mr. Blackwell’s ap- the recount. troubled portrait of a one-two punch that parent failure to institute a single investiga- The voting computer company Triad has may well have altered and suppressed votes, tion into these many serious allegations rep- essentially admitted that it engaged in a particularly minority and Democratic votes. resents a violation of his statutory duty course of behavior during the recount in nu- The Members posed 36 questions to Secretary under Ohio law to investigate election irreg- merous counties to provide ‘‘cheat sheets’’ to Blackwell about a combination of official ac- ularities. those counting the ballots. The cheat sheets tions and corresponding actions by non-offi- We learned of improper purging and other informed election officials how many votes cial persons, whether in concert or not, registration errors by election officials that they should find for each candidate, and how worked hand-in-glove to depress the vote likely disenfranchised tens of thousands of many over and under votes they should cal- among constituencies deemed by Republican voters statewide. The Greater Cleveland culate to match the machine count. In that campaign officials to be disadvantageous. Voter Registration Coalition projects that in way, they could avoid doing a full county- Through his spokesman, Secretary Cuyahoga County alone over 10,000 Ohio citi- wide hand recount mandated by state law. Blackwell assured the public and the press zens lost their right to vote as a result of of- CHRONOLOGY OF EVENTS that he would be happy ‘‘to fill in the ficial registration errors. The Lead Up to the 2004 Ohio Presidential blanks’’ for the Committee and asserted that There were 93,000 spoiled ballots where no Election In Ohio—In the days leading up to many questions were easily answered. In vote was cast for president, the vast major- election day 2004, a consensus appeared to fact, Secretary Blackwell belatedly replied ity of which have yet to be inspected. The have emerged among observers that the to the letter with a refusal to answer any of problem was particularly acute in two pre- state of Ohio would be one of the battle- the questions. Ranking Member Conyers cincts in Montgomery County which had an ground states that would decide who would wrote back to Blackwell the same day re- undervote rate of over 25% each—accounting be elected the Forty-fourth President of the questing that he remain true to his promise for nearly 6,000 voters who stood in line to United States. Both the Democratic and Re- to answer the questions. Congressman Con- vote, but purportedly declined to vote for publican Presidential campaigns, as well as yers has yet to receive a reply. president. outside groups, had spent considerable time At the same time, officials from the Green There were numerous, significant unex- and resources to win the state, but the day Party and Libertarian Party have been in- plained irregularities in other counties before the election, the Democratic can- vestigating allegations of voter disenfran- throughout the state: (i) In Mahoning county didate, Senator John Kerry, appeared to chisement in Ohio and other states. Eventu- at least 25 electronic machines transferred have the edge. The Democratic Party also ally, the Presidential Candidates for those an unknown number of Kerry votes to the had vastly outperformed its Republican parties, David Cobb and Michael Badnarik, Bush column; (ii) Warren County locked out counterparts in registering voters in this filed requests for recounts to all 88 Ohio public observers from vote counting citing key state. Counties. However, it appears their efforts an FBI warning about a potential terrorist Election Day—Numerous irregularities too are being stonewalled and thwarted by threat, yet the FBI states that it issued no were reported throughout Ohio. In par- nonstandard and highly selective recounts, such warning; (iii) the voting records of ticular, in predominately Democratic and unnecessary delays, and blatant deviations Perry county show significantly more votes African-American areas, the voting process from long accepted Ohio law and procedure. than voters in some precincts, significantly was chaotic, taxing and ultimately fruitless Recently, Senator Kerry, a party to the re- less ballots than voters in other precincts, for many. The repeated and suspicious chal- count action, joined the Green Party and and voters casting more than one ballot; (iv) lenges of voter eligibility and a lack of inad- Libertarian Party in requesting immediate in Butler county a down ballot and under- equate number of voting machines in these action to halt these irregularities and poten- funded Democratic State Supreme Court areas worked in concert to slow voting to a tial fraud in the recount. The recount is still candidate implausibly received more votes crawl, with voting lines as long as ten hours. pending before the federal court, yet to be than the best funded Democratic Presi- Voters reported bizarre ‘‘glitches’’ in voting counted. dential candidate in history; (v) in Cuyahoga machines where votes for Senator Kerry In addition, a challenge has been filed to county, poll worker error may have led to were registered as votes for the President. the Ohio results asserting, to a level of little known third party candidates receiving The counting process was similarly chaotic sworn proof beyond a reasonable doubt, that twenty times more votes than such can- and suspect. Senator Kerry, not President Bush, was the didates had ever received in otherwise reli- The Aftermath—On November 5, after re- actual victor of the Presidential race in ably Democratic leaning areas; (vi) in Miami ceiving preliminary reports of election irreg- Ohio. Kenneth Blackwell is adamantly refus- county, voter turnout was an improbable and ularities in the 2004 , Con- ing to answer any questions under oath in re- highly suspect 98.55 percent, and after 100 gressman John Conyers, Jr., the Ranking gard to election irregularities or results. He percent of the precincts were reported, an Member of the House Judiciary Committee, is apparently counting upon Congress ac- additional 19,000 extra votes were recorded and 14 Members of Congress wrote to the cepting the votes of the electors and, as an for President Bush. Government Accountability Office (GAO) to immediate consequence, the Ohio Supreme Third, in the post-election period we request an investigation of such irregular- Court dismissing the citizens’ election con- learned of numerous irregularities in tal- ities. test. lying provisional ballots and conducting and On November 22, at the request of the GAO, Committee Members and other interested completing the recount that disenfranchised the House Judiciary Committee Democratic Members have gone to substantial lengths to

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ascertain the facts of this matter. The inves- Ohio Field Representative Barbian upon RELEVANT BACKGROUND LAW tigation by Congressman Conyers and the learning that Triad had remote access to A. Federal Safeguards Democratic staff of the House Judiciary tabulating computers controlled by the The right to vote is our most cherished Committee into the irregularities reported Board of Elections; and democratic right and, as such, is strongly On January 3, 2004, federal and Ohio state in the Ohio presidential election has also in- protected under the Constitution. Both the lawmakers joined Reverend Jesse Jackson in cluded the following efforts: Equal Protection and Due Process Clauses of Columbus, Ohio for a rally calling attention On November 5, 2004, Representatives Con- the 14th Amendment operate to protect our to the need for national election reform and yers, Nadler, and Wexler wrote to the GAO citizens’ right to vote for the candidate of the January 6th joint session of Congress David M. Walker requesting an their choice. investigation of the voting machines and where election results will be certified. In the seminal voting rights case of Rey- Citizen groups have played a substantial technologies used in the 2004 election; nolds v. Sims, the Supreme Court held that role in acquiring relevant information. Citi- On November 8, 2004, Representatives Con- ‘‘the right to vote freely for the candidate of zens Alliance for Secure Elections in Ohio yers, Nadler, Wexler, Scott, Watt, and Holt one’s choice is of the essence of a democratic wrote to GAO Comptroller Walker request- has organized hearings that have provided valuable leads for this report. We have been society, and any restrictions on that right ing that additional concerns surrounding the strike at the heart of representative govern- voting machines and technologies used in contacted by thousands of concerned citi- zens: they want a full and fair count of all of ment.’’ The Court observed that, ‘‘undeni- the 2004 election be investigated; ably the Constitution of the United States On November 15, 2004, Representatives Lee, the votes and confidence in the electoral sys- tem, and they find both of these to be sorely protects the right of all qualified citizens to Filner, Olver, and Meeks joined in the re- vote, in state as well as in federal elections. quest for a GAO investigation; lacking in this election. Many have inves- tigated these matters themselves and have A consistent line of decisions by this Court On November 29, 2004, Representatives Wei- in cases involving attempts to deny or re- ner, Schakowsky, Farr, Sanders, and Cum- made considerable to do so. The events surrounding the Presidential strict the right of suffrage has made this in- mings joined in the request for a GAO inves- election in Ohio must be viewed in two im- delibly clear. It has been repeatedly recog- tigation; portant contexts. First, there is the 2000 nized that all qualified voters have a con- On December 2–3, 2004, Congressman Con- Election debacle in Florida. In that election, stitutionally protected right to vote, . . . yers and other Judiciary Democratic Mem- for a full and fair count were and to have their votes counted.’’ bers wrote to Ohio Secretary of State J. Ken- asked to ‘‘move on’’ after Vice President Al Under the of the neth Blackwell concerning Ohio election Gore conceded the election to then-Governor Fourteenth Amendment, Reynolds and its irregularities; George W. Bush. Months later, it was found progeny require that votes that are cast On December 3, 2004, Representative Wool- that a full and fair count would have re- must actually be counted. The Equal Protec- sey joined in the request for a GAO inves- sulted in Gore, not Bush, being elected the tion Clause also requires that all methods tigation; Forty-third President of the United States. the ‘‘ has prescribed’’ to preserve On December 3, 2004, Congressman Conyers Subsequent investigations also uncovered the right to vote be effected, not thwarted. wrote to Warren Mitofsky of Mitofsky Inter- rampant disenfranchisement in Florida, par- Courts have held that the Due Process national requesting the release of exit poll ticularly of African-American voters. Clause implemented in the context of voting raw data from the 2004 presidential election Second, as events have unfolded in Ohio, rights requires ‘‘fundamental fairness’’—the as such data may evidence instances of vot- telling events have taken place within the idea that the state official cannot conduct ing irregularities; United States, in the State of Washington, an election or apply vote-counting proce- On December 8, 2004 in Washington, D.C., and across the globe, in the Ukraine. In dures that are so flawed as to amount to a Congressman Conyers hosted a forum on vot- Washington State, after the Republican Gu- denial of voters’ rights to have their voices ing irregularities in Ohio; bernatorial Candidate, Dino Rossi, declared heard and their votes count. As a result, On December 13, 2004 Congressman Conyers victory after a partial recount, it was later under the Constitution, citizens have a fun- hosted a second forum on voting irregular- found—after a full and fair recount—that the damental right to vote and to have their ities in Ohio in Columbus, Ohio; Democratic candidate, Christine Gregoire, vote counted by way of election procedures On December 13, 2004 Congressman Conyers was the victor. While national and state Re- that are fundamentally fair. Where ‘‘organic and other Members wrote to Ohio Governor, publican leaders in Ohio have derided at- failures in a state or local election process Bob Taft, Speaker of Ohio State House, tempts to ascertain the Ohio Presidential threaten to work patent and fundamental Larry Householder, and President of Ohio election result and resolve the questions de- unfairness, a . . . claim lies for a violation of State Senate, Doug White, requesting a scribed herein, after the Washington re- substantive due process.’’ delay of the meeting of Ohio’s presidential count, Mr. Rossi has now asked for a re-vote Importantly, protections for the right to electors; in the State of Washington, saying it is need- vote extend to and include the right to a full On December 14, 2004, Congressman Con- ed for the election to be ‘‘legitimate.’’ and fair recounting of those votes. A recount yers wrote to Ohio Secretary of State J. In the Ukraine, after the apparent defeat is fundamental to ensure a full and effective Kenneth Blackwell in regards to the Sec- of the opposition leader, Viktor Yushchenko, counting of all votes. Ohio courts have held retary’s refusal to cooperate with the Judici- in that nation’s Presidential election, amid that ‘‘[a] recount . . . is the only fair and eq- ary Democratic Members investigating elec- allegations of fraud and public protests, a uitable procedure to ensure the correct tally tion irregularities in Ohio; new election was held, and Yushchenko won of all the votes.’’ As the Oklahoma Supreme On December 15, 2004, Congressman Con- by a significant margin. In fact, in the first, Court recently emphasized, ‘‘[a] timely re- yers wrote to FBI Special Agent in Charge, seemingly flawed election, Yushchenko ap- count is an integral part of an election.’’ The Kevin R. Brock and Hocking County, Ohio peared to lose by three percentage points. West Virginia Supreme Court, construing a Prosecutor, Larry Beal, requesting an inves- However, he won by eight percentage points recount statute similar to Ohio’s recount tigation into alleged Ohio election problems; in the subsequent revote. United States offi- provisions, stressed the importance of an On December 21, 2004, Congressman Con- cials called the original vote rife with ‘‘fraud election recount to the fairness and integrity yers wrote to Ohio candidates requesting and abuse,’’ largely relying on anecdotal evi- of the election itself. Indeed, courts in states that they report any incidences of irregular- dence and deviations between exit polls and which provide a statutory right to a recount ities or deviations from accepted law or reported results. uniformly have held that an election cannot practices during the recount in Ohio; A simple lesson may be drawn from these be deemed over and final until a recount pro- On December 21, 2004, Congressman Con- two contexts: elections are imperfect. They vided under state law has been completed. yers wrote to several major media outlets re- are subject to manipulation and mistake. It B. Federal Statutory Election Safeguards questing the exit poll raw data from the 2004 is, therefore, critical that elections be inves- There are numerous federal statutes that presidential election; tigated and audited to assure the accuracy of protect the right to vote. First and foremost, On December 22, 2004, Congressman Con- results. As Senator Kerry’s attorney re- the Voting Rights Act prohibits any person, yers wrote to Triad GSI President Brett cently noted, only with uniformity in the whether acting under color of law or other- Rapp and Triad GSI Ohio Field Representa- procedures for such an investigation and wise, from: tive Michael Barbian, Jr. regarding the vot- audit ‘‘can the integrity of the entire elec- (1) failing or refusing to permit any quali- ing machine company’s involvement in the toral process and the election of Bush-Che- fied person from voting in . . . federal elec- Presidential election and Ohio recount and ney warrant the public trust.’’ tions; allegations that it intentionally or neg- Regardless of the outcome of the election, (2) refusing to count the vote of a qualified ligently acted to prevent validly cast ballots and that outcome cannot be certain as long person; or in the presidential election from being as legitimate questions remain and valid bal- (3) intimidating any one attempting to counted; lots are being counted, it is imperative that vote or any one who is assisting a person in On December 23, 2004, as a follow-up letter we examine any and all factors that may voting. to the December 22 letter, Congressman Con- have led to voting irregularities and any fail- In addition, the Civil Rights Act of 1968 yers wrote to Triad’s President Rapp and ure of votes to be properly counted. provides criminal penalties for violations of

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Specifically, section 245 of the 88 county boards of elections (‘‘county or voted until the time has expired for using title 18 makes it a crime for any person who boards’’) must (1) canvass the results in the them in a recount or as evidence in a contest ‘‘by force or threat of force willfully injures, county, (2) certify abstracts of those results, of election, shall unlawfully destroy or at- intimidates or interferes with, or attempts and (3) send the certified abstracts to the tempt to destroy the ballots, or permit such to injure, intimidate or interfere with any Secretary of State.’’ Only after the Sec- ballots or a ballot box or pollbook used at an person because he is or has been, or in order retary of State receives the certified ab- election to be destroyed; or destroy, falsify, to intimidate such person or any other per- stracts from the county boards is the Sec- mark, or write in a name on any such ballot son or any class of persons from voting or retary able to canvass the abstracts to ‘‘de- that has been voted. qualifying to vote. . . .’’. termine and declare’’ the initial results of ‘‘No person, from the time ballots are cast In 1993, Congress enacted the National the Presidential election in Ohio. or counted until the time has expired for Voter Registration Act (NVRA), which re- Under Ohio law, the Secretary of State is using them as evidence in a recount or con- quires that, for federal elections, states es- required to fix the calendar by which the test of election, shall willfully and with tablish fair and expeditious procedures so state’s Presidential election results initially fraudulent intent make any mark or alter- that eligible citizens may register to vote. are declared and by which a recount of those ation on any ballot; or inscribe, write, or Pursuant to the NVRA, section 1974a of title initial results can occur. Specifically, the cause to be inscribed or written in or upon a 42 makes it a crime for any person to will- Secretary is to set the date by which Ohio’s registration form or list, pollbook, tally fully steal, destroy, conceal, mutilate, or 88 county boards must complete their can- sheet, or list, lawfully made or kept at an alter any voting records, including those vass of election returns and send the cer- election, or in or upon a book or paper pur- having to do with voter registration. tified abstracts of the results to the Sec- porting to be such, or upon an election re- After the widespread problems that oc- retary. Any statutorily mandated recount of turn, or upon a book or paper containing curred in the November 2000 election, Con- the votes cast in Ohio for President cannot such return the name of a person not enti- gress enacted the Help America Vote Act occur before the Secretary declares the ini- tled to vote at such election or not voting (HAVA), thereby creating a new federal tial results. thereat, or a fictitious name, or, within such agency with election administration respon- 3. Security of Ballots and Machinery time, wrongfully change, alter, erase, or sibilities, setting requirements for voting and voter-registration systems and certain In addition, Ohio law prohibits election tamper with a name, word, or figure con- other aspects of election administration, and machinery from being serviced, modified, or tained in such pollbook, tally sheet, list, providing federal funding. Perhaps the cen- altered in any way subsequent to an elec- book, or paper; or falsify, mark, or write tral requirement of HAVA was that, begin- tion, unless it is done so in the presence of thereon with intent to defeat, hinder, or pre- ning January 1, 2004, any voter not listed as the full board of elections and other observ- vent a fair expression of the will of the peo- registered must be offered and permitted to ers. Any handling of ballots for a subsequent ple at such election. cast a provisional ballot. HAVA included a recount must be done in the presence of the All of these are fifth degree felonies. variety of additional new requirements, in- entire Board and any qualified witnesses. 4. The Law of Recounts and Contests cluding a provision that beginning January Containers in which ballots are kept may The Secretary of State’s declaration of the 1, 2004 (extendable to 2006), states using voter not be opened before all of the required par- initial results of a Presidential election in registration must employ computerized, ticipants in are attendance. The Ohio Re- Ohio is not final. Under Ohio law, a recount statewide voter registration systems that vised Code defines a ballot as ‘‘the official of the initial results is required where the are accurately maintained. election presentation of offices and can- margin of victory is one-fourth of one per- didates . . . and the means by which votes cent or less, or where a candidate who is not C. Ohio Election Safeguards are recorded.’’ Therefore, for purposes of declared elected applies for a recount within Ohio has enacted numerous provisions de- Ohio law, electronic records stored in the five days of the Secretary of State declaring signed to protect the integrity of the voting Board of Election computers are to be con- the results of the election and remits the re- and tabulation process. sidered ‘‘ballots.’’ 1. The Right to Vote in Ohio Further, any modification of the election quired bond. In either instance, the Sec- retary of State ‘‘shall make an amended dec- Under the Ohio Constitution, ‘‘Every cit- machinery may only be done after full notice to the Secretary of State. The Ohio Code and laration of the results’’ of the Presidential izen of the United States, of the age of eight- election after a full and complete recount of een years, who has been a resident of the related regulations require that after the the initial results throughout the state is state, county, township, or ward, such time state certifies a voting system, changes that completed. Therefore, the Ohio legislature as may be provided by law, and has been reg- affect ‘‘(a) the method of recording voter in- has determined that, in certain statutorily- istered to vote for thirty days, has the quali- tent; (b) voter privacy; (c) retention of the defined circumstances, the Secretary’s final fications of an elector, and is entitled to vote vote; or (d) the communication of voting declaration of the results of a Presidential at all elections.’’ This includes the right to records,’’ must be done only after full notice election in Ohio shall not occur prior to a vote directly for Presidential electors. The to the Secretary of State. full and complete recount of the initial re- protection of this right is placed squarely on Secretary Blackwell’s own directive, cou- sults. the Secretary of State, who has the affirma- pled with Ohio Revised Code § 3505.32, pro- Once the recount applications have been tive duty to ‘‘investigate the administration hibits any handling of these ballots without filed, all affected county boards must notify of election laws, frauds, and irregularities in bipartisan witnesses present. That section of the applicant and all others who received elections in any county, and report viola- the code provides that during a period of offi- votes in the election of the time, method and tions of election laws to the attorney general cial canvassing, all interaction with ballots place at which the recount will take place, or prosecuting attorney, or both, for pros- must be ‘‘in the presence of all of the mem- such notice to be no later than five days ecution.’’ To complete this task, the legisla- bers of the board and any other persons who prior to the start of the recounts. Nothing in ture has given the Secretary the power to are entitled to witness the official canvass.’’ ‘‘issue subpoenas, summon witnesses, compel In this election, the Ohio Secretary of State Ohio law prohibits the notices from being the production of books, papers, records and has issued orders that election officials were mailed prior to the certification of results. other evidence.’’ to treat all election materials as if the State The recount must be held no later than ten Many specific provisions in the Ohio Re- were in a period of canvassing,’’ and that, days after the day the recount application is vised Code help protect one’s right to vote: ‘‘teams of one Democrat and one Republican filed or after the day the Secretary of State Polls must be open from 6:30 in the morn- must be present with ballots at all times of declares the results of the election. ing until 7:30 at night, and everyone in line processing.’’ At the time and place fixed for making a at that time must be allowed to vote. In addition to these provisions imposing recount, the Board of Elections, in the pres- Loitering around the polling place is duties on the Board of Elections, there are ence of all witnesses who may be in attend- barred, and no one may ‘‘hinder or delay’’ a numerous criminal sanctions for tampering ance, shall open the sealed containers con- voter from reaching the polls or casting a with votes and the machines that tabulate taining the ballots to be recounted and shall vote. them: recount them. Each candidate may ‘‘attend Alteration or destruction of ballots, ma- ‘‘No person shall tamper or attempt to and witness the recount and may have any chinery or election records is prohibited. tamper with, deface impair the use of, de- person whom the candidate designates at- Illegal voting is a felony. stroy or otherwise injure in any manner any tend and witness the recount. Those who cannot mark their own ballot voting machine . . . No person shall tamper Due to a directive issued by Secretary due to illiteracy or disability are entitled to or attempt to tamper with, deface, impair Blackwell, the recount does not automati- assistance. the use of, destroy or otherwise change or in- cally require a hand count of every vote cast Election officials who do not enforce these jure in any manner any marking device, in the election. Each county board of elec- provisions are criminally liable. automatic tabulating equipment or any ap- tions randomly takes a sample representing 2. Declaring Results purtenances or accessories thereof.’’ at least 3% of the votes cast and compares Ohio law requires that, before the Sec- ‘‘No person shall-destroy any property the machine count to a hand count. If there retary of State can declare the initial results used in the conduct of elections. is a discrepancy, the entire county must be

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 204 CONGRESSIONAL RECORD—HOUSE January 6, 2005 hand counted. If there is no discrepancy, the body the Senate withdraws from the House pared to more Republican, suburban and remainder of ballots may be recounted by chamber, and each body meets separately to exurban areas. Even on election day, urban machine. consider the objection. ‘‘No votes . . . from areas were hard pressed to receive the crit- D. Determination of Ohio’s Electoral College any other State shall be acted upon until the ical machines to respond to the ever length- Votes [pending] objection . . . [is] finally disposed ening lines. According to a Washington Post Ohio and federal law intersect with regard of.’’ investigation, ‘‘in Columbus, Cincinnati and to the issue of determining the extent to Section 17 of title 3 limits debate on the Toledo, and on college campuses, election of- which Ohio’s electoral votes are counted to- objections in each body to two hours, during ficials allocated far too few voting machines wards the election of the president through which time no member may speak more than to busy precincts, with the result that voters the electoral college. The 12th Amendment once and not for more than five minutes. stood on line as long as 10 hours—many leav- sets forth the requirements for casting elec- Both the Senate and the House must sepa- ing without voting.’’ Moreover, the Election toral votes and counting those votes in Con- rately agree to the objection; otherwise, the Protection Coalition testified that more gress. The electors are required to meet, cast challenged vote or votes are counted. than half of the complaints about long lines and certify their ballots and transmit them Historically, there appears to be three gen- they received ‘‘came from Columbus and to the Vice President in his or her capacity eral grounds for objecting to the counting of Cleveland where a huge proportion of the as President of the Senate. In addition, the electoral votes. The law suggests that an ob- state’s Democratic voters live.’’ Electoral Count Act requires that the results jection may be made on the grounds that (1) Based upon various sources including com- be transmitted to the secretary of state of a vote was not ‘‘regularly given’’ by the plaints, sworn , and communica- each state, the Archivist of the United challenged elector(s); (2) the elector(s) was tions with Ohio election officials, we have States, and the federal judge in the district not ‘‘lawfully certified’’ under state law; or identified credible concerns regarding the al- in which the electors met. Upon receipt of (3) two slates of electors have been presented location of machines on election day: the ballots at a time designated by statute, to Congress from the same State. Section 15 Franklin County the ‘‘President of the Senate shall, in the of title 3 specifically provides: A New York Times investigation revealed presence of the Senate and House of Rep- ‘‘[N]o electoral vote or votes from any that Franklin County election officials re- resentatives, open all the certificates and State which shall have been regularly given duced the number of electronic voting ma- the votes shall then be counted. by electors whose appointment has been law- chines assigned to downtown precincts and Congress has specified that all controver- fully certified . . . from which but one return added them to the suburbs. ‘‘They used a for- sies regarding the appointment of electors has been received shall be rejected, but the mula based not on the number of registered should be resolved six days prior to the two Houses concurrently may reject the vote voters, but on past turnout in each precinct meeting of electors (on December 7, 2004, for or votes when they agree that such vote or and on the number of so-called active vot- purposes of this year’s presidential election) votes have not been so regularly given by ers—a smaller universe. . . . In the Columbus in order for a state’s electors to be binding electors whose appointment has been so cer- area, the result was that suburban precincts on Congress when Congress meets on Janu- tified. If more than one return or paper pur- that supported Mr. Bush tended to have ary 6, 2005, to declare the results of the 2004 porting to be a return from a State shall more machines per registered voter than election. have been received by the President of the center city precincts that supported Mr. Specifically, 3 U.S.C. § 5 provides, in perti- Senate, those votes, and those only shall be Kerry.’’ nent part: counted which shall have been regularly The Washington Post also found that in ‘‘If any State shall have provided, by laws given by the electors who are shown . . . to voter-rich Franklin County, which encom- enacted prior to the day fixed for the ap- have been appointed.’’ passes the state capital of Columbus, elec- pointment of the electors, for its final deter- Since the Electoral Count Act of 1887, no tion officials decided to make do with 2,866 mination of any controversy or contest con- objection meeting the requirements of the machines, even though their analysis showed cerning the appointment of all or any of the Act has been made against an entire slate of that the county needed 5,000 machines. electors of such State, by judicial or other state electors. In the 2000 election several The Franklin County Board of Elections methods or procedures, and such determina- Members of the House of Representatives at- reported 81 voting machines were never tion shall have been made at least six days tempted to challenge the electoral votes placed on election day, and Board Director before the time fixed for the meeting of the from the State of Florida. However, no Sen- Matt Damschroder admitted that another 77 electors, such determination made pursuant ator joined in the objection, and, therefore, machines malfunctioned on Election Day.’’ to such law so existing on said day, and the objection was not ‘‘received.’’ In addi- However, a county purchasing official who made at least six days prior to said time of tion, there was no determination whether was on the line with Ward Moving and Stor- meeting of the electors, shall be conclusive, the objection constituted an appropriate age Company, documented only 2,741 voting and shall govern in the counting of the elec- basis under the 1887 Act. However, if a State machines delivered through the November 2 toral votes as provided in the Constitution, has not followed its own procedures and met election day.’’ While Franklin County’s and as hereinafter regulated, so far as the as- its obligation to conduct a free and fair elec- records reveal that they had 2,866 ‘‘machines certainment of the electors appointed by tion, a valid objection—if endorsed by at available’’ on election day. This would mean such State is concerned.’’ least one Senator and a Member of the House that the even larger number of at least 125 The joint session of the Senate and House of Representatives—should be debated by machines remained unused on Election Day. is held on January, unless Congress deter- each body separately until ‘‘disposed of’’. Mr. Damschroder misinformed a federal mines otherwise, of the year following the DETAILED FINDINGS court on Election Day when he testified the presidential election at 1:00 p.m. No debate is A. Pre-Election county had no additional voting machines; allowed during the joint session. The Presi- 1. Machine Allocations—Why were there this testimony was in connection with a Vot- dent of the Senate opens the electoral vote such long lines in Democratic leaning ing Rights Act lawsuit brought by the state certificates in alphabetical order from each areas but not Republican leaning areas? Democratic Party that alleged minority pre- state, passes them to four tellers (required cincts were intentionally deprived of ma- Facts by statute to be appointed two from each chines. House) who announce the results. The votes One of the critical reforms of HAVA was After the election the Washington Post are then counted and those results an- federal funding for states to acquire new and also reported that in Franklin County, ‘‘27 of nounced by the President of the Senate. The updated voting machines, and to fairly allo- the 30 wards with the most machines per reg- candidates for President and Vice President cate the machines. Under HAVA, the Elec- istered voter showed majorities for Bush. At receiving a majority of the electoral votes, tion Assistance Commission (EAC) provides the other end of the spectrum, six of the currently set at 270 of 538, are declared to payments to States to help them meet the seven wards with the fewest machines deliv- have been ‘‘elected President and Vice Presi- uniform and nondiscriminatory election ered large margins for Kerry.’’ dent of the States.’’ technology and administration requirements At seven of the eight polling places in Section 15 of title 3, United States Code, in title III of the law.’’ In 2004, the EAC proc- Franklin County, a heavily populated urban provides that, when the results from each of essed a payment of $32,562,331 for fiscal year community, there were only three voting the states are announced, that ‘‘the Presi- 2003 and $58,430,186 for fiscal year 2004 for a machines per location; but there had been dent of the Senate shall call for objections, if total of $90,992,517. There is no information five machines at these locations during the any.’’ Any objection must be presented in publicly available describing what, if any, 2004 primary. writing and ‘‘signed by at least one Senator Ohio HAVA funds were used and for what According to the presiding judge at one and one Member of the House of Representa- those funds were used. Nor are we aware how polling site located at the Columbus Model tives before the same shall be received.’’ The such funds were allocated within the state of Neighborhood facility at 1393 E. Broad St., objection must ‘‘state clearly and concisely, Ohio and between counties. there had been five machines during the 2004 and without argument, the ground thereof.’’ There was a wide discrepancy between the primary. Moreover, at Douglas Elementary When an objection has been properly made in availability of voting machines in more mi- School, there had been four machines during writing and endorsed by a member of each nority, Democratic and urban areas as com- the spring primary.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 205 We have received additional information of vendors, leaving a cash surplus differential cincts near Mt. Vernon Nazarene University hardship caused by the misallocation of ma- in the budget’’ and that, when she inquired were not. chines based on emails and other trans- as to where the money differential was Third, it appears that a series of more lo- missions, with waits of 4–5 hours or more going, she was essentially told that this was calized legal violations have not been inves- being the order of the day. For example, we not her concern and that she should not in- tigated. These include Mr. Damschroder’s have learned of four hour waits at Precincts quire about where that money went. contradictory statements regarding the 35B and C in Columbus; seven hours waits for Secretary of State Blackwell has refused number and availability of machines on elec- one voting machine per thousand voters, to answer any of the questions concerning tion day in Franklin County raise the possi- where the adjacent precinct had one station these matters posed to him by Ranking bility of perjury. The affidavit submitted by for 184 voters.’’ Additionally, it appears that Member Conyers and 11 other Members of Rhonda Frazier would also appear to dem- in a number of locations, polling places were the Judiciary Committee on December 2, onstrate a prima facie violation of the Help moved from large locations, such as gyms, 2004. America Vote Act. Fourth, Secretary of State Blackwell’s where voters could comfortably wait inside Analysis failure to initiate any investigation into this to vote, to smaller locations where voters Through intent or negligence, massive er- were required to wait in the rain.’’ pivotal irregularity (which perhaps borders rors that led to long lines were made in the on fraud), notwithstanding his clear statu- Dr. Bob Fitrakis testified before the House distribution and allocations of voting ma- Judiciary panel that Franklin County Board tory duty to do so under Ohio Revised Code chines. The Washington Post reports that in section 3501.05, represents a clear violation of of Elections Chair, Bill Anthony, said that a Columbus alone, the misallocation of ma- truckload of 75 voting machines were held Ohio law. The Secretary of State’s most im- chines reduced the number of voters by up to portant obligation under the Ohio Constitu- back on election day while people waited 5 to 15,000 votes. Given what we have learned in 6 hours to vote. tion is to protect the right of every Ohio cit- our hearings, this is likely conservative esti- izen who is eligible to vote and invesigate Over 102,000 new voters were registered in mate, and statewide, the shortage of ma- any and all irregularities concerning the Franklin County. A majority of them were chines could have resulted in the loss of hun- same. Mr. Blackwell’s failure to obey Ohio African Americans. ‘‘And so,’’ said State dreds of thousands of votes. The vast major- law on this point constitutes a clear instance Senator Ray Miller, ‘‘only logic would say, ity of this lost vote caused by lengthy lines where Ohio election law has been abrogated. we need more machines, particularly in the in the midst of adverse weather was con- black community.’’ 2. Cutting Back on the Right to Provisional centrated in urban, minority and Democratic Ballots Rev. William Moss testified that there leaning areas. As a result, this misallocation Facts were ‘‘unprecedented long lines’’ and noted appears to be of the pivotal factors con- that Secretary of State Blackwell did not cerning the vote and outcome in the entire In a decision that Ohio Governor Bob Taft provide sufficient numbers of voting ma- election in Ohio. believed could affect over 100,000 voters, on chines to accommodate the augmented elec- On its face, the misallocation, shorting, September 17, 2004, Secretary Blackwell torate in Columbus. and failure to timely deliver working ma- issued a directive restricting the ability of Knox County chines would appear to violate a number of voters to use provisional ballots. The Elec- legal requirements. tion Protection Coalition testified that the At Kenyon College, a surge of late registra- narrow provisional ballot directive led to tions promised a record vote. Nevertheless, First, it would seem to constitute a viola- tion of the Voting Rights Act and the con- thousands of ballots from validly registered Knox County officials allocated two ma- voters being thrown out because election of- chines, just as in past elections. Voter Mat- stitutional safeguards of Equal Protection and Due Process, particularly given the ra- ficials with limited resources never told thew Segal, a student at Kenyon College, many of the voters in their jurisdictions testified before the House Judiciary panel cial disparities involved. Denying voters the means to vote in a reasonable and fair man- where to cast a ballot on Election Day. about conditions that amounted to voter dis- While the Help America Vote Act provided ner is no different than preventing them enfranchisement in Gambier, Ohio.’’ The that voters whose names do not appear on from voting outright. Gambier polling place had two machines for poll books are to sign affidavits certifying a population of 1,300 people, though nearby Second, the failure to provide enough vot- ing machinery violates both Ohio’s Constitu- that they are in the correct jurisdiction and counties had one machine for every 100 peo- to be given provisional ballots, Secretary tion, that provides all eligible adults the ple. He noted that voters were ‘‘compelled to Blackwell considerably narrowed the defini- right to vote, and the Ohio Revised Code stand outside in the rain, through a hot gym- tion of ‘‘jurisdiction’’ to mean ‘‘precinct.’’ which requires the Boards of Elections to nasium in crowded, narrow hallways, making Alleging that allowing voters to use provi- provide ‘‘for each precinct a polling place voting extremely uncomfortable.’’ According sional ballots outside their own precincts and provide adequate facilities at each poll- to his testimony, ‘‘many voters became over- would be ‘‘a recipe for Election Day chaos,’’ ing place for conducting the election.’’ Fur- heated and hungry’’ and had to leave the Secretary Blackwell required such ballots to ther, ‘‘the board shall provide a sufficient long lines to eat. ‘‘One girl actually fainted be cast in the actual precincts of voters oth- number of screened or curtained voting com- and was forced to leave the line,’’ he said. erwise they would be discarded entirely. Mr. partments to which electors may retire and ‘‘Many others suffered headaches due to Blackwell’s rationalization appears to have claustrophobic conditions and noise.’’ conveniently mark their ballots.’’ ignored the fact that in prior elections, Ohio These conclusions regarding Ohio legal In contrast, at nearby Mt. Vernon Naza- was able to grant far broader rights to provi- violations are supported by several prece- rene University, which is considered more sional ballots, and that other states that dents, as well as common sense: Republican leaning, there were ample voting permitted voters to cast them from any- The U.S. District Court for the Southern machines and no lines. where within their county did not face the District of Ohio found such a serious threat Other chaos he feared. to the voting right that it took the highly Because of Secretary Blackwell’s restric- The NAACP testified that approximately unorthodox step of ordering that those indi- tive order, the Sandusky County Democratic ‘‘thirty precincts did not have curbside vot- viduals waiting in line for longer than two Party filed a federal lawsuit to overturn it. ing machines for seniors and disabled vot- hours receive paper ballots or some other The plaintiff’s basis for the suit was that the ers.’’ mechanism. order was discriminatory because lower-in- One entire polling place in Cuyahoga Coun- There is specific precedence for a legal vio- come people were more likely to move and, ty had to ‘‘shut down’’ at 9:25 a.m. on Elec- lation due the fact that, under Ohio law in thus, appear at the wrong precinct. Further- tion Day because there were no working ma- 1956, the courts were forced to intervene to more, the order would have disenfranchised chines. enforce the then-applicable requirement of first-time voters, many of whom would not We received an affidavit from Rhonda J. one machine per 100 voters. The court was know where to vote. Frazier, a former employee of Secretary highly critical of the previous practice of re- In his rulings in favor of the plaintiffs and Blackwell, describing several irregularities quiring only one machine for 800 voters or against Secretary Blackwell, U.S. District concerning the use of HAVA money and the two for 1,400. Nearly 50 years later, we are Judge James Carr held that the blame lay acquisition of election machinery by the unfortunately back to the antiquated prac- squarely on Secretary Blackwell. The court state. She states that Secretary Blackwell’s tice of effectively disenfranchising those who was forced to issue two rulings ordering Sec- office failed to comply with the require- are unable to spend an entire day voting. retary Blackwell to issue HAVA-compliant ments of the voting reform grant that re- Evidence suggests that the Board of Elec- directives. Secretary Blackwell abided by quired all of the voting machines in Ohio to tions’ misallocation of machines went be- neither judgment and instead proceeded with be inventoried and tagged for security rea- yond urban/suburban discrepancies to spe- directives that would disenfranchise Ohio sons. Ms. Frazier also asserts that she ‘‘was cifically target Democratic areas. In par- voters. routinely told to violate the bidded con- ticular, within the less urban county of With respect to the speed of the case, the tracts to order supplies from other compa- Knox, the more Democratic leaning pre- court noted that its urgency was the result nies for all 17 Secretary of State offices cincts near Kenyon College were massively of Secretary Blackwell failing to issue provi- throughout the State which were cheaper shorted; the more Republican leaning pre- sional voting guidelines for almost two years

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 206 CONGRESSIONAL RECORD—HOUSE January 6, 2005 after the enactment of HAVA: ‘‘The exigen- Franklin County Board Chairman William elections, and other states which adopted cies requiring the relief being ordered herein Anthony stated, ‘‘For him to come out with broader constructions did not report the are due to the failure of the defendant to ful- that decision so close to Election Day . . . chaos and confusion that Mr. Blackwell fill his duty not only to this Court, as its in- I’m suspect of his motivations.’’ The Direc- claimed to be the rationale for his decision. junction directed him to do, but more impor- tor of the Franklin County Board also dis- 3. Cutting Back on the Right of Citizens To tantly, to his failure to do his duty as Sec- agreed with Blackwell and asserted that its Register To Vote retary of State to ensure that the election precincts would have voters who insist they Facts laws are upheld and enforced. . . . The pri- are in the correct precinct sign affidavits mary cause of the exigency is the defend- and submit provisional ballots. Cuyahoga On September 7, 2004, Secretary Blackwell ant’s failure to have issued Directive 2004–33 County directed people to the right precincts issued a directive to county boards of elec- relating to provisional voting for nearly but still accepted provisional ballots from tions mandating rejection of voter registra- twenty-three months after HAVA’s enact- anyone who insisted on voting. Cuyahoga tion forms based on their paper weight. Spe- ment. . . . Blackwell has never explained why County Board Chairman Bob Bennett, who cifically, he instructed the boards to reject he waited so long to do anything to bring also chairs the Ohio Republican Party, voter registration forms not ‘‘printed on Ohio’s provisional election procedures into issued a statement saying the Board would white, uncoated paper of not less than 80 lb. line with federal law.’’ not deny ballots to voters who wanted them: text weight.’’ Then the counties were in- The court then turned its attention to the ‘‘The Cuyahoga County Board of Elections structed to follow a confusing procedure, substance of Secretary Blackwell’s original will not turn voters away. . . . We are simply treating the voter registration forms not on and amended directives. In these directives, trying to avoid confrontation at the ballot this minimum paperweight as an application ‘‘Blackwell described not a single provision box over the validity of each ballot. Those for a new registration form. Mr. Blackwell’s of federal law generally, much less HAVA in decisions will be made by the board of elec- issuance of this directive less than one particular. . . . By failing to discuss HAVA, tions according to state law.’’ month before Ohio’s voter registration dead- on the one hand, and describing only out- In response, Mr. Blackwell’s spokesperson line resulted in confusion and chaos among moded, no longer applicable procedures on threatened such election officials with re- the counties: The Lake County Board of Elections Direc- the other, Blackwell . . . left Ohio’s election moval from their positions. tor, Jan Clair, who happens to be a Repub- officials more confused than they would have In Hamilton County, election officials im- lican, stated that the weight order would been if the directive had not issued.’’ In addi- plemented Mr. Blackwell’s directive and re- ‘‘create more confusion than the paper’s tion, because the amended directive did not fused to count provisional ballots cast at the worth. . . . It’s the weight of the vote I’m clearly state that persons who might not be correct polling place even if they were cast concerned about on Nov. 2—that’s the impor- eligible to vote must be informed of their at the wrong table in that polling place. tant thing.’’ right to vote provisionally, the court held Some polling places contained multiple pre- The Mahoning County Board of Elections that ‘‘Blackwell’s proposed directive would cincts that were located at different tables. Director, Michael Sciortino, said mailing disenfranchise all such individuals.’’ The As a result, 1,110 provisional ballots were high weight registration paper to voters was court believed that, by seeming to deprive deemed invalid because people voted in the not a priority and might occur after the elec- voters and county election officials of valu- wrong precinct. In about 40 percent of these cases, voters found the correct polling tion because of how it might confuse voters. able information regarding HAVA and provi- The Cuyahoga County Board of Elections places, which contained multiple precincts, sional ballots, ‘‘Blackwell apparently seeks Director, Michael Vu, said his Board would but workers directed them to the wrong to accomplish the same result in Ohio in 2004 rather not comply with the weight order and table. In other areas, precinct workers re- that occurred in Florida in 2000.’’ Ulti- asked state lawmakers to address it. Sec- fused to give any voter a provisional ballot. mately, the court was forced to require the retary Blackwell gave permission for the Also, in at least one precinct, election judges Secretary, within a tight deadline, to issue Board to accept registration forms that were told voters that they may validly cast their specific guidelines pertaining to provisional printed in newsprint in the Cleveland Plain ballot in any precinct, leading to any num- ballots. Dealer.’’’ As Director Vu pointed out, his of- ber of disqualified provisional ballots. Simi- Instead of complying with this federal fice does not ‘‘have a micrometer at each larly, in Stark County, the Election Board court order, Secretary Blackwell entirely desk to check the weight of the paper.’’ rejected provisional ballots cast at the disregarded the ruling and questioned the Other counties such as Madison County wrong precinct in the right polling place. In motives of the judge. He referred to Judge followed Mr. Blackwell’s ruling and indi- earlier elections, a vote cast in Stark County Carr as ‘‘a liberal judge . . . who wants to be cated that they sent letters and new forms to in the wrong precinct at the proper polling co-secretary of state.’’ At a speech before the voters. Loveland Area Chamber of Commerce in location was counted. The Franklin County Board of Elections Secretary of State Blackwell has refused Clermont County, Secretary Blackwell com- was unlikely to comply with the weight di- to answer any of the questions concerning pared himself to Mohandas Gandhi, Martin rective, largely because it does not keep these matters posed to him by Ranking Luther King, and the apostle Paul on the track of the weight of such forms. grounds that he would rather go to jail—as Member Conyers and 11 other Members of The Lorain County Board of Elections ac- they did—than issue an order he believed was the Judiciary Committee on December 2, cepted voter registration on any weight of illegal. He also claimed his office could not 2004. paper. speak with Judge Carr about the case be- Analysis The Montgomery County Board of Elec- cause the Judge was in Florida; Blackwell Mr. Blackwell’s decision to restrict the use tions said the paper weight order was frus- later admitted he did not mean the Judge ac- of provisional ballots is one of the most crit- trating their ability to process registrations. tually was in Florida. Additionally, a jour- ical in the election and could well have re- They attempted to comply by mailing a new nalist reported seeing Judge Carr in his sulted in disenfranchisement of tens of thou- form to potential voters who sent forms of chambers the day the ruling was issued. Sec- sands of voters. In a single polling place in incorrect weight, but a processing backlog of retary Blackwell appealed the judge’s deci- Hamilton County, denying provisional bal- 4,000 forms prevented them from sending new sion to the Sixth Circuit Court of Appeals, lots if a voter showed up at the wrong pre- forms by the October 4 deadline, such that which overturned the lower court decision cinct cost more than 1,100 votes. some voters could have been disenfranchised. and authorized Mr. Blackwell’s more restric- Although Mr. Blackwell’s narrow interpre- Steve Harsman, the Deputy Director of the tive legal interpretation. tation was ultimately upheld by the Sixth Board, says ‘‘there is just no reason to use While Blackwell cited an October 12 resolu- Circuit, this was not until after a lower 80-pound paper.’’ tion by the Election Assistance Commission court found: ‘‘The Proposed Directive fails in Finally, Secretary Blackwell was not fol- as authority for his decision, EAC Chairman many details to comply with HAVA by not lowing his own order. An Ohio lawyer, John DeForest Soaries asked Blackwell in writing instructing Ohio’s election workers about Stopa, noted that voter registration forms not to say that the resolution endorsed the their duties under HAVA. Among the cru- obtained at Blackwell’s office were printed Blackwell order. Chairman Soaries further cial, but omitted details are: the mandatory on 60-pound paper. An election board official stated that Secretary Blackwell was the obligation to inform voters of the right to stated he obtained 70-pound weight forms only secretary of state who actually misread vote provisionally and the duty to provide from Blackwell’s office. the EAC’s ruling. The EAC did not ‘‘agree provisional ballots to all persons covered by After several weeks of pressure from vot- that a person in the wrong precinct shouldn’t the statute, and not just to persons whose ing rights advocates, such as the League of be given a provisional ballot. . . . The pur- names are not on the rolls.’’ Women Voters of Ohio and People for the pose of provisional ballots is to not turn any- In our judgment, Mr. Blackwell’s restric- American Way, Secretary Blackwell reversed one away from the polls. . . . We want as tive interpretation violates the spirit, if not his directive on September 28, 2004. Even his many votes to count as possible.’’ the letter, of HAVA. The decision seems par- new order, however, was not drafted clearly Many of Ohio’s county boards of elections ticularly unjust given that Ohio had not ex- enough. He did not withdraw the first direc- also disagreed with Blackwell’s interpreta- perienced any notable difficulties giving pro- tive, and the New York Times found the sec- tion of the law and with his motivations. visional ballots on a broader basis in past ond directive to be ‘‘worded so inartfully

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 207 that it could create confusion. As a matter Mr. PRY: An officer of which party? The caging tactics were clearly both dis- of fact, the Delaware County Board of Elec- Ms. MILLER: Republican party. criminatory and illegal. All three district tions posted a notice on its website stating it Mr. PRY: Where did you complete this court cases ruled in favor of the plaintiffs, could not accept its own Voter Registration challenge form at? finding the challenges to be politically and Forms and directed voters to request a new Ms. MILLER: My home. racially charged, and burdening the funda- one by calling a number. Mr. PRY: What did Mr. Simon tell you mental right to vote. As one court stated, Secretary of State Blackwell has refused with respect to Ms. Herrold’s residence? ‘‘This Court recognizes that the right to vote to answer any of the questions concerning Ms. MILLER: That the mail had come back is one of our most fundamental rights. Po- these matters posed to him by Ranking undeliverable several times from that resi- tential voter intimidation would severely Member Conyers and 11 other Members of dence. burden the right to vote. Therefore, the the Judiciary Committee on December 2, Mr. PRY: And you never saw the returned character and magnitude of Plaintiffs’ as- 2004. mail? serted injury is substantial.’’ It went on to Analysis Ms. MILLER: No, I did not. note that the right to vote is paramount to Mr. PRY: Now, you’ve indicated that you any interest in challenging other people: Secretary Blackwell’s directive to reject signed this based on some personal knowl- registration applications based on paper ‘‘. . . Plaintiff’s right to cast votes on elec- edge. tion day is a fundamental right. The chal- weight, even though eventually rescinded, Mr. HUTCHINSON: (Joseph F. Hutchinson, undoubtedly had a negative impact on reg- lengers, however, do not have a fundamental Jr. Summit County Board of Elections) No. right to challenge other voters. These deci- istration figures. During the time period the Mr. ARSHINKOFF: (Alex R. Arshinkoff, directive was in place, it likely resulted in sions correctly overturned these caging and Summit County Board of Elections) Reason challenging activities because they violated an untold number of voters not being reg- to believe. It says, ‘‘I have reason to be- istered in time for the 2004 election. In addi- the right to equal protection, due process, lieve.’’ It says it on the form. and Ohioans’ fundamental right to vote. tion, even after the directive was reconsid- Mr. JONES: It says, ‘‘I hereby declare Ralph Neas, President of the People for the ered, it was done so in a confusing manner. under penalty of election falsification, that American Way Foundation, emphasized the For example, the directive continued to be the statements above are true as I verily be- seriousness of these tactics when he testified posted on the Ohio Secretary of State’s lieve.’’ that ‘‘the 35,000 people that were threatened website, and at least one county, Delaware Mr. ARSHINKOFF: It says here, ‘‘I have with being challenged. That’s not the spirit County, continued to post the directive on reason to believe.’’ its website as well. Mr. HUTCHINSON: It says what it says. of democracy; that’s the spirit of suppres- Mr. Blackwell’s initial directive appears to Mr. ARSHINKOFF: You want her indicted, sion. [The Republican Party] did everything be inconsistent with the National Voter Reg- get her indicted. to minimize the vote in the urban areas and istration Act, which put safeguards in place Mr. PRY: That may be where it goes next. to engage in voter suppression, and I hope to ease voter registration, not impede it. Among other things, the Republican Party the hearings really emphasize this. I think There is perhaps no more certain indication arranged for the Sandusky County sheriff to that prosecution is something that should be of the disenfranchisement bias Secretary of visit the residences of 67 voters with wrong considered with respect to what happened in State Blackwell brought to his job than this or non-existent addresses. Ohio.’’ controversial ruling, which was widely re- The caging tactics were so problematic 5. Targeting Minority and Urban Voters for viled even by Republicans. that a federal district court in New Jersey Legal Challenges 4. Targeting New Minority Voter and a panel of the Third Circuit found that Registrants—Caging the Republican Party was egregiously in vio- Facts Facts lation of the 1982 and 1987 decrees that barred The Ohio Republican Party, which Sec- the party from targeting minority voters for The Ohio Republican Party attempted to retary Blackwell helped lead as Chair of the challenges at the polls. They found sufficient engage in ‘‘caging,’’ whereby it sent reg- Bush-Cheney campaign in Ohio, engaged in a evidence that the Ohio Republican Party and istered letters to newly registered voters in massive campaign to challenge minority vot- the RNC conspired to be ‘‘disruptive’’ in mi- minority and urban areas, and then sought ers at the polls. The Republican Party lined nority-majority districts and enjoined the to challenge 35,000 individuals who refused to up poll challengers for 30 of Ohio’s 88 coun- party from using the list. The Third Circuit sign for the letters or the mail otherwise ties, and the vast majority were focused in granted a hearing en banc and therefore came back as undeliverable (this includes minority and urban areas. In addition to in- stayed the order and vacated the opinion. timidating minority voters, this scheme voters who were homeless, serving abroad, or The U.S. District Court for the Southern simply did not want to sign for something helped lead to increased delays and longer District of Ohio found the same activities to waits in voting lines in these areas. This was concerning the Republican Party). Mark violate the Due Process Clause of the Con- Weaver, an attorney for the Ohio Republican a particularly damaging outcome on a day of stitution. Most importantly, notice of the severe adverse weather in Ohio. As a federal Party, acknowledged the Party used this Republican-intended challenge and subse- technique. During a hearing before the Sum- court looking at these issues concluded: if quent hearing was sent to the 35,000 voters challenges are made with any frequency, the mit County Board of Elections, a challenger far too late to be of any use to the admitted that she had no knowledge to sub- resultant distraction and delay could give challengee. In fact, the notice was sent so rise to chaos and a level of voter frustration stantiate her claim that the voters she was late, that many did not receive it before the challenging were out of compliance with that would turn qualified electors away from election at all, and the court found that inef- the polls. Ohio’s election law: fective notice must have been the intent: Three separate courts issued opinions ex- Ms. Barbara MILLER (Republican Chal- ‘‘The Defendants’ intended timing and man- pressing serious concerns with Ohio’s voter lenger): That was my impression that these ner of sending notice is not reasonably cal- challenge processes. At the state level, Cuya- items that I signed were for people whose culated to apprise Plaintiff Voters of the hoga County Common Pleas Judge John mail had been undeliverable for several hearing regarding the challenge to their reg- O’Donnell found that Secretary Blackwell times, and that they did not live at the resi- istrations, nor to give the them opportunity exceeded his authority in issuing a directive dence. to present their objections, as demonstrated Mr. Russell PRY (Member, Summit County that let each have multiple by the individual situations of Plaintiffs Mil- Board of Elections): Did you personally send challengers at each polling place. While the ler and Haddix . . . it seems that Defendants any mail to Ms. Herrold? Democratic Party registered only one chal- intend to send the notice to an address which Ms. MILLER: No, I did not. lenger per polling place, the Republican has already been demonstrated to be faulty.’’ Mr. PRY: Have you seen any mail that was Party had registered one challenger for each The court also found that the challenge returned to Ms. Herrold? precinct (there are multiple precincts in statute in general was not narrowly tailored Ms. MILLER: No, I have not. many polling places). Judge O’Donnell found enough justify the ‘‘severe’’ burden on vot- Mr. PRY: Do you have any personal knowl- the directive to be ‘‘unlawful, arbitrary, un- ers. While the state’s interest in preventing edge as we stand here today that Ms. Herrold reasonable and unconscionable, coming four fraudulent voting was compelling, there were does not live at the address at 238 30th Street days after the deadline for partisan chal- other ways to do that besides allowing par- Northwest? lengers to register with their county boards tisan groups to arbitrarily challenge voters. Ms. MILLER: Only that which was my im- of elections.’’ An attorney with the Ohio At- pression; that their mail had not been able Analysis torney General’s office, Jeffrey Hastings, ad- to be delivered. Although the ‘‘caging’’ tactics targeting mitted to Judge O’Donnell that Secretary Mr. PRY: And who gave you that impres- 35,000 new voters by the Ohio Republican Blackwell had changed his mind in first lim- sion? Party were eventually struck down, it is iting challengers to one per polling place and Ms. MILLER: Attorney Jim Simon. likely they had a negative impact on the in- then, after the October 22 challenger reg- Mr. PRY: And what did— clination of minorities to vote, although, it istration deadline, allowing multiple chal- Ms. MILLER: He’s an officer of the party. is difficult to develop a specific estimate. lengers.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 208 CONGRESSIONAL RECORD—HOUSE January 6, 2005 Two federal district court judges also ‘‘Mark Weaver, a lawyer for the Ohio Repub- in thirty years in which reporters were pre- found the challenge procedure to be problem- lican Party, acknowledged, ‘[the challenges] vented from monitoring polls. Media organi- atic and tantamount to voter disenfranchise- won’t be resolved until [Election Day], when zations challenged the barrier, leading to a ment. In one lawsuit, the plaintiffs were all of these people are trying to vote. It can’t U.S. Court of Appeals for the Sixth Circuit Donald and Marian Spencer, an elderly Afri- help but create chaos, longer lines and frus- ruling that struck down Secretary can-American couple who alleged the chal- tration.’ He reiterated that ‘challengers at Blackwell’s decision. In its opinion, the lenge statute harkened back to Jim Crow the polls] were bound to slow things down.’ ’’ court noted that ‘‘ die behind disenfranchisement. In her opinion rejecting This will lead to long lines. closed doors’’ and found that the district the GOP challenger system, U.S. District While the program of challenging voters court’s ruling had ‘‘interpreted and applied Court Judge Susan Dlott wrote that ‘‘there was ultimately upheld, after a series of back the statute overly broadly in such a way exists an enormous risk of chaos, delay, in- and forth decisions, clearly this is an issue that the statute would be violative of the timidation and pandemonium inside the which harkens back to the ‘‘Jim Crow’’ era. first amendment’’. polls and in the lines out the door.’’ In the As U.S. District Court Judge John R. Adams Analysis other district court case, Summit County wrote in his Summit County opinion: ‘‘In Mr. Blackwell’s decision to prevent news Democratic Central and Executive Com- light of these extraordinary circumstances, media and exit polls from interviewing Ohio mittee, et. al. v. Blackwell, Judge John R. and the contentious nature of the imminent citizens after they voted constitutes a clear Adams noted the risk that ‘‘the integrity of election, the Court cannot and must not turn violation of the First Amendment’s guar- the election may be irreparably harmed.’’ ‘‘If a blind eye to the substantial likelihood that antee that state conduct shall not abridge challenges are made with any frequency,’’ he significant harm will result not only to vot- ‘‘freedom . . . of the press.’’ His decision also wrote, ‘‘the resultant distraction and delay ers, but also to the voting process itself, if likely violated Ohio’s own Constitution that could give rise to chaos and a level of voter appointed challengers are permitted at the provides: ‘‘Every citizen may freely speak, frustration that would turn qualified elec- polls on November 2. . . . The presence of ap- write, and publish his sentiments on all sub- tors away from the polls.’’ pointed challengers at the polls could signifi- jects, being responsible for the abuse of the Judge Dlott also noted the racial disparity cantly impede the electoral process, and in- right; and no law shall be passed to restrain inherent in challenges, citing that only 14% fringe on the rights of qualified voters.’’ or abridge the liberty of speech, or of the of new voters in white areas would face chal- As a result, the Ohio challenger system de- press.’’ His decision does not appear to have lenges while up to 97% of new voters in black serves reconsideration by the legislature or had any negative impact on the vote, but po- areas would face them. The Chair of the further judicial appeal. tentially made it more difficult for the Hamilton County Board of Elections, Tim- 6. Denying Absentee Voters Who Never Got media to uncover voting irregularities, dis- othy Burke, was an official defendant in the Their Ballots the Right to a Provisional crepancies, and disenfranchisement. lawsuit but testified the use of the chal- Ballot lenges was unprecedented. Chairman Burke B. Election Day stated that the Republican Party had Facts 1. County-Specific Issues planned for challengers at 251 of Hamilton Secretary Blackwell also issued a ruling Warren County—Counting in Secret Because County’s 1013 precincts; 250 of the challenged preventing the issuance of provisional bal- of a Terrorist Threat? precincts have significant black populations. lots for voters who requested absentee bal- Facts lots, even if they failed to receive them by Both federal courts blocking the use of On election night, Warren County, a tradi- the official deadline or did not receive them challengers highlighted that challengers tional Republican stronghold, locked down at all. Despite the fact that these errors oc- were not needed because Ohio law already its administration building and barred re- curred on the part of the Ohio government safeguarded elections from voter fraud by porters from observing the counting. When and not the voters, Secretary Blackwell de- the use of election judges. In particular, Ohio that decision was questioned, County offi- termined they should not receive provisional law mandates that four election judges staff cials claimed they were responding to a ter- ballots at the polls. each polling place and provides that the pre- rorist threat that ranked a ‘‘10’’ on a scale of A lawsuit filed by a college student, Sara siding judge of each group can make deci- 1 to 10, and that this information was re- White, who never received her absentee bal- sions regarding voter qualifications. ceived from an FBI agent. Despite repeated Although Secretary Blackwell reversed his lot and was denied a provisional one, led to requests, County officials have declined to position and issued a statement on October a ruling that other similar voters must be name that agent, however, and the FBI has 29, 2004, excluding challengers from polling issued provisional ballots. The court ordered stated that it had no information about a places, his position became less relevant Lucas County to start providing provisional terror threat in Warren County. when Jim Petro, Ohio’s Attorney General, ballots, and directed Secretary Blackwell to Warren County officials have given con- argued in favor of the challenges taking advise all Boards of Elections of the same flicting accounts of when the decision was place and said the Secretary’s new statement within 30 minutes. The legal ruling over- made to lock down the building. While the was unlawful. Seeing the irony in these con- turning Mr. Blackwell’s restrictive ruling on County Commissioner has stated that the de- flicting opinions, Judge Dlott asked ‘‘how absentee ballots came late in the afternoon, cision to lock down the building was made can the average election official or inexperi- and as a result, many voters intending to during an October 28 closed-door meeting, e- enced challenger be expected to understand vote that day were prevented from doing so. mailed memos—dated October 25 and 26—in- the challenge process if the two top election Analysis dicate that preparations for the lockdown officials cannot?’’ were already underway. These two lower court rulings did not Mr. Blackwell’s decision to prevent those Statements also describe how ballots were stand. The Sixth Circuit Court of Appeals re- voters who requested absentee ballots, but left unguarded and unprotected in a ware- versed the two lower court opinions on a 2– did not receive them on a timely basis, from house on Election Day, and they were hast- 1 vote. The Supreme Court of the United being able to vote, also likely disenfran- ily moved after county officials received States denied the applications to vacate the chised many voters, particularly seniors who complaints. 6th Circuit’s stays of the lower court rulings. were turned away from the polls before the decision was known. It is important to view the lockdown in the While troubled about the ‘‘undoubtedly seri- context of the aberrant results in Warren ous’’ accusation of voter intimidation, Jus- The federal court found that Mr. Black- well’s decision clearly violated HAVA: County. An analyst who has received all the tice John Paul Stevens said the full Court vote data for 2000 and 2004 by precinct in sev- could not consider the case because there ‘‘HAVA is clear; that all those who appear at a polling place and assert their eligibility to eral Ohio counties did a detailed analysis of was insufficient time to properly review the the greatest increase in votes for President filings and submissions. vote irrespective of the fact that their eligi- bility may be subject to question by the peo- Bush by precinct, and the Bush-Kerry mar- Analysis ple at the polling place or by the Board of gin in Warren County. The analyst revealed The decision by the Ohio Republican Party Elections, shall be issued a provisional bal- that Warren County first did a lockdown to to utilize thousands of partisan challengers lot.’’ In addition, this restrictive directive count the votes, then apparently did another in the voting booths undoubtedly had an in- also likely constituted violations of Article lockdown to recount the votes later, result- timidating and negative impact on minority S, Section 1 of the Ohio Constitution, grant- ing in an even greater Bush margin and very voters. While it is difficult to estimate how ing every Ohio citizen the right to vote if he unusual new patterns. many voters were disenfranchised by the or she is otherwise qualified. Moreover, in the 2000 Presidential election, challenger program, given the adverse the Democratic Presidential candidate, Al 7. Denying Access to the News Media weather conditions and the lack of trained Gore, stopped running television commer- pollworkers, the disruptions caused by chal- Facts cials and pulled resources out of Ohio weeks lengers could easily have reduced minority Secretary Blackwell also sought to prevent before the election. He won 28% of the vote turnout by tens of thousands of voters, if not the news media and exit poll takers from lo- in Warren County 223 In 2004, the Democratic more. It is noteworthy that these disruptions cating themselves within 100 feet of polling Presidential candidate, John Kerry, fiercely were predicted by Republican officials: places. This would have been the first time contested Ohio and independent groups also

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 209 put considerable resources into getting out jump to the Bush column. ‘‘I saw what hap- the Judiciary Committee on December 2, the Democratic vote. Moreover, unlike in pened; I started screaming: ‘They’re cheating 2004. 2000, independent candidate Ralph Nader was again and they’re starting early!’ ’’ The Elec- Analysis not on the Ohio ballot in 2004. Yet, the tal- tion Protection Coalition also confirmed It appears implausible that 5,000 voters lies reflect John Kerry receiving exactly the these voting ‘‘glitches’’ noting that a ‘‘voter waited in line to cast votes for an under- same percentage, 28 percent, in Warren reported ‘Every time I tried to vote for the funded Democratic Supreme Court candidate County as Gore received. Democratic Party Presidential vote the ma- and then declined to cast a vote for the most In support of his assertion that there was chine went blank. I had to keep trying, it well-funded Democratic Presidential cam- no wrongdoing in Warren County, Secretary took 5 times.’ ’’ paign in history. We have been able to ascer- Blackwell has referred to a Democratic elec- The voting machine in Youngstown experi- tain no answer to the question of how an un- tion observer in Warren County, Jeff enced what election officials called ‘‘calibra- derfunded Democratic State Supreme Court Ruppert, who has said he observed nothing tion problems.’’ Thomas McCabe, Deputy Di- candidate could receive such a disproportion- inappropriate at the County administration rector of the Mahoning County Board of ately large number of votes in Butler County building. While we have no reason to doubt Elections, stated that the problem ‘‘happens over the Kerry Edwards ticket. This raises Mr. Ruppert’s truthful account of what he every election’’ and ‘‘[i]t’s something we the possibility that thousands votes for Sen- actually observed, a complete review of his have to live with and we can fix it.’’ ator Kerry were lost, either through manipu- statements shows numerous problems at the There is also information, still being inves- lation or mistake. The loss of these votes building. At the outset, Mr. Ruppert ac- tigated, that in several precincts, there were would likely violate constitutional protec- knowledges that he was subject to the lock- more votes counted by machine than signa- tions of equal protection and due process; if out and had to present identification to even tures in poll books (which includes absentee manipulation is involved, that would also be admitted to the building. Once he gained voters). This would mean that more people violate the Voting Rights Act and Ohio elec- admission, Mr. Ruppert said he did ‘‘have voted by machine at a precinct than actually tion law. This anomaly calls for an inves- concerns over how provisional ballots were appeared at that location. For example, in tigation, which Mr. Blackwell has failed to handled at polling places—which he said CMP 4C Precinct, there were 279 signatures initiate. seemed to be inconsistent.’’ He also points to and 280 machine votes. In BLV 1 Precinct, Cuyahoga County—Palm Beach County for a number of areas he observed that were cen- there were 396 signatures but 398 machine Pat Buchanan-Redux? ters of activity (ballots being transferred votes. In AUS 12 Precinct, there were 372 sig- Facts from vehicles, precinct captains accom- natures but 376 machine votes. In POT 1 Pre- It has been well documented that a flawed panying ballots in elevators, and ballots cinct, there were 479 signatures but 482 ma- Palm Beach County ballot design in the 2000 being stored), but it clearly would have been chine votes, and in YGN 6F Precinct, there Florida Presidential election may well have impossible for Mr. Ruppert to observe all of were 270 signatures but 273 machine votes. It cost Al Gore thousands of votes, by these activities at the same time. Finally, would appear from these numbers that the misrecording such votes as votes for Pat considering that he left before the ballot machines counted more votes than voters. Buchanan. A similar problem may well have count was completed, it is inaccurate to Secretary of State Blackwell has refused occurred in Cleveland in 2004. state with certainty that there were no prob- to answer any of the questions concerning Precincts in Cleveland have reported an in- lems in Warren County. these matters posed to him by Ranking credibly high number of votes for third party Secretary of State Blackwell has refused Member Conyers and 11 other Members of candidates who have historically received to answer any of the questions concerning the Judiciary Committee on December 2, only a handful of votes from these urban these matters posed to him by Ranking 2004. areas. For example, precinct 4F in the 4th Member Conyers and 11 other Members of Analysis Ward cast 290 votes for Kerry, 21 for Bush, the Judiciary Committee on December 2, and 215 for Constitution Party candidate Mi- 2004. Evidence strongly suggests many individ- uals voting in Mahoning County for Senator chael Peroutka. In 2000, the same precinct Analysis Kerry had their votes recorded for President cast less than 8 voters for all third party Given the total lack of explanation by Mr. Bush. Due to lack of cooperation from Sec- candidates combined. This pattern is found Blackwell or Warren County officials, it is retary of State Blackwell, we have not been in at least 10 precincts throughout Cleveland not implausible to assume that someone is able to ascertain the number of votes that in 2004, awarding hundreds of unlikely votes hiding something. We do not know whether were impacted or whether the machines mal- to the third party candidate. Notably, these what happened is simply a miscommunica- functioned due to intentional manipulation precincts share more than a strong Demo- tion or mix up, where an election official or error. This determination would help us cratic history; they share the use of a punch misunderstood an FBI directive. If that were determine if the Voting Rights Act was also card ballot. This problem was created by the the case, it would seem to be an easy matter violated. Ascertaining the precise cause and combination of polling sites for multiple pre- to dispel the confusion surrounding this epi- culprit could help ensure that the error does cincts, coupled with incorrect information sode. Given that no such explanation has not occur in the future. Secretary of State provided by poll workers. In Cuyahoga County, each precinct rotates been forthcoming and given the statistical Blackwell’s apparent failure to initiate any candidate ballot position. Therefore, each anomalies in the Warren County results, it is investigation into this serious computer ballot must go into a machine calibrated for impossible to rule out the possibility that error would seem inconsistent with his stat- its own precinct in order for the voter’s in- some sort of manipulation of the tallies oc- utory duty to review these matters. curred on election night in the locked down tent to be counted. In these anomalous pre- Butler County—The Strange Case of the cincts, ballots were fed into the wrong ma- facility. The disclosure that the decision to Downballot Candidate Outperforming the lock down the facility the Thursday before chine, switching Kerry votes into third party Presidential Candidate votes. This was done on the advice of poll the election, rather than on election day workers who told voters that they could in- would suggest the lockdown was a political In Butler County, a Democratic candidate sert their ballots into any open machine— decision, not a true security risk. If that was for State Supreme Court, C. Ellen Connally, and machines were not clearly marked indi- the case, it would be a violation of the con- received 59,532 votes. In contrast, the Kerry- cating that they would work only for their stitutional guarantees of equal protection Edwards ticket received only 54,185 votes, 5,000 less than the State Supreme Court can- designated precinct. and due process, the Voting Rights Act, and Secretary of State Blackwell has refused Ohio right to vote. We believe it is the statu- didate. Additionally, the victorious Repub- lican candidate for State Supreme Court re- to answer any of the questions concerning tory duty for the Secretary of State to inves- these matters posed to him by Ranking tigate irregularities of this nature. ceived approximately 40,000 less votes than the Bush-Cheney ticket. Further, Connally Member Conyers and 11 other Members of Mahoning County—Innumerable Flipped received 10,000 or more votes in excess of the Judiciary Committee on December 2, Votes and Extra Votes Kerry’s total number of votes in five coun- 2004. Facts ties and 5,000 more votes in excess of Kerry’s Analysis We have received numerous reports of total in ten others. It appears that hundreds, if not thousands, transfers of votes for Senator Kerry to votes According to media reports of Ohio judicial of votes intended to be cast for Senator for President Bush. Specifically, in Youngs- races, Republican judicial candidates were Kerry were recorded as being for a third town, the Washington Post reported that ‘‘awash in cash,’’ with more than $1.4 million party candidate. At this point it is unclear their investigation revealed 25 electronic in campaign funding, as well as additional whether these voting errors resulted from machines transferred an unknown number of independent expenditures made by the Ohio worker negligence and error or intentional Kerry votes to the Bush column. Jeanne Chamber of Commerce. manipulation. While Cuyahoga County elec- White, a veteran voter and manager at the Secretary of State Blackwell has refused tion official Michael Vu said he would inves- Buckeye Review, an African American news- to answer any of the questions concerning tigate, there has been no further explanation paper, stepped into the booth, pushed the these matters posed to him by Ranking about what will be done to remedy this situ- button for Kerry—and watched her vote Member Conyers and 11 other Members of ation, and Secretary of State Blackwell has

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 210 CONGRESSIONAL RECORD—HOUSE January 6, 2005 refused to cooperate in our investigation or dent Bush, but not for Senator Kerry, after voters have never voted and have no signa- pursue his own inquiry. In any event, those 19,000 new votes were added to the roster. ture on file. Of the voters that are registered voters whose votes were not properly count- Thus, we are primarily concerned with iden- in Perry County, an extraordinarily large ed suffered a violation of their constitu- tifying a valid explanation for the statistical number of voters are listed as having reg- tional protections of equal protection and anomaly that showed virtually identical ra- istered in 1977, a year in which there were no due process; if intentional manipulation is tios after the final 20–40% of the votes were federal elections. Of these, an exceptional involved, this would also implicate the Vot- counted. Specifically, we have received no number are listed as having registered on the ing Rights Act and Ohio election law. explanation as to how the vote count in this exact same day: in total, 3,100 voters appar- Franklin County (Gahana)—How does a com- particular county could have changed for ently registered in Perry County on Novem- puter give George W. Bush nearly 4,000 President Bush, but not for Senator Kerry, ber 8, 1977. extra votes? after 19,000 new votes were added to the ros- In addition, according to a Democratic Facts ter. The vote results in Miami constitute yet staff count of the poll books, there are ap- another significant anomaly in the tens of proximately 751 registered voters in Madison On election day, a computerized voting Township AAS, while the Perry County machine in ward 1B in the Gahana precinct thousands range without any explanation or investigation by Secretary of State Board of Elections reports that there are 850 of Franklin County recorded a total of 4,258 registered voters in that township. votes for President Bush and 260 votes for Blackwell, leading us to conclude that there is likely some vote error or vote manipula- Secretary of State Blackwell has refused Democratic challenger John Kerry. However, to answer any of the questions concerning there are only 800 registered voters in that tion. This could constitute a violation of constitutional guarantees of equal protec- these matters posed to him by Ranking Gahana precinct, and only 638 people cast Member Conyers and 11 other Members of votes at the New Life Church polling site. It tion and due process and, if intentional, would likely violate the Voting Rights Act the Judiciary Committee on December 2, has since been discovered that a computer 2004. glitch resulted in the recording of 3,893 extra and Ohio election law. Analysis votes for President George W. Bush—the Perry County—Discrepancy in Number of numbers were adjusted to show President Votes and Voters Clearly, there is an unexplained discrep- Bush’s true vote count at 365 votes and Sen- Facts ancy between the actual vote tallies and the ator Kerry’s at 260 votes. number of registered voters in various pre- The House Judiciary Committee Demo- cincts as well as other statistical anomalies Secretary of State Blackwell has refused cratic staff has received information indi- to answer any of the questions concerning in the County. Given the lack of any expla- cating discrepancies in vote tabulations in nation to date, and an absence of willingness these matters posed to him by Ranking Perry County. Similar discrepancies have Member Conyers and 11 other Members of by Secretary Blackwell or any other authori- been found in other counties. For example, ties to explain or investigate these irregular- the Judiciary Committee on December 2, in Trumbull County there are apparently 2004. ities, it is not inconceivable that some sort more absentee votes than absentee voters ac- of vote tampering has occurred. If so, that Analysis cording to a recent study. For example, the would likely constitute a denial of the con- At this point it is unclear whether the sign-in book for the Reading S precinct indi- stitutional guarantees of equal protection computer glitch was intentional or not, as cates that approximately 360 voters cast bal- and due process, the Voting Rights Act, and we have received no cooperation from Sec- lots in that precinct. In the same precinct, Ohio election law. retary Blackwell or other authorities in re- the sign-in book indicates that there were 33 Republicans in the State of Washington solving the question. In order to resolve this absentee votes cast. In sum, this would ap- are currently citing such ‘‘mystery voters’’ issue for future elections, it must be deter- pear to mean that fewer than 400 total votes as evidence of fraud. The State Republican mined how it was initially discovered that were cast in that precinct. Yet, the pre- Chairman has commented, ‘‘people ask me such a computer glitch did and could occur cinct’s official tallies indicate that 489 votes what fraud would look like? It would look and what procedures were employed to alert were cast. In addition, some voters’ names like this. other counties upon the discovery of the have two ballot stub numbers listed next to 2. Myriad Other Problems and Irregularities malfunction. Further, a determination their entries, creating the appearance that We learned of literally thousands upon should be made as to whether we can be ab- voters were allowed to cast more than one thousands of additional irregularities in solutely certain that this particular mal- ballot. Ohio. As a matter of fact, the Election Pro- function did not occur in other counties in In another precinct in Perry County, W tection Commission has testified that to Ohio during the 2004 Presidential election, Lexington G AB, 350 voters are registered ac- date, there have been over 3,300 incidents of cording to the County’s initial tallies. Yet, and what actions have been taken to ensure voting irregularities entered for Ohio alone. 434 voters cast ballots. As the tallies indi- that this type of malfunction does not hap- The following is a brief highlight of some of cate, this would be an impossible 124% voter pen in the future. the more egregious irregularities we have turnout. The breakdown on election night Miami County—Where did nearly 20,000 extra learned of during the course of our investiga- was initially reported to be 174 votes for votes for George W. Bush come from? tion: Facts Bush, and 246 votes for Kerry. We are advised that the Perry County Board of Elections a. Intimidation and Misinformation In Miami County, voter turnout was a has since issued a correction claiming that, Facts highly suspect and improbable 98.55 percent. due to a computer error, some votes were In the course of our hearings we learned: With 100% of the precincts reporting on counted twice. We are advised that the new The NAACP testified that it received over Wednesday, November 3, 2004, President Bush tallies state that only 224 people voted, and 200 calls regarding incidents of suspected received 20,807 votes, or 65.80% of the vote, the tally is 90 votes for Bush and 127 votes voter intimidation or unusual election re- and Senator Kerry received 10,724 votes, or for Kerry. This would make it appear that lated activities, particularly actions taken 33.92% of the vote. Thus, Miami reported a virtually every ballot was counted twice, by challengers who intimidated poll workers total of 31,620 voters. Inexplicably, nearly which seems improbable. and voters. Other specific incidents involved 19,000 new ballots were added after all pre- In Madison Township, Precinct AAS, a re- a caller who reported that someone was cincts reported, boosting President Bush’s view of the poll books shows that 481 people going door-to-door telling people they were vote count to 33,039, or 65.77%, while Senator signed in to vote on election day, yet the not registered to vote. A voter in Franklin Kerry’s vote percentage stayed exactly the Perry County Board of Elections is reporting County received information in the mail same to three one-hundredths of a percent- that 493 votes were cast in that precinct, a identified as being from the state that said age point at 33.92 percent. Roger Kearney of difference of 13 votes. The same discrepancy he would have to vote by provisional ballot Rhombus Technologies, Ltd., the reporting appears with respect to Monroe Township because he had moved; in fact, the voter had company responsible for vote results of AAV. The poll books show that 384 people not moved and had lived at the address for Miami County, stated that the problem was signed in on election day to vote, while the 10–15 years. One polling place worker was not with his reporting and that the addi- Perry County Board of Elections reports only asking African American voters for tional 19,000 votes were added before 100% of that 393 votes were cast, a difference of 9 their address. A new voter was told that the precincts were in. votes. there were vote challengers at her precinct. Secretary of State Blackwell has refused We have also received information that in When she was voting, she was confused by to answer any of the questions concerning at least three precincts, Pike West AAY, the punch cards. She was afraid to ask poll these matters posed to him by Ranking New Lexington I AB, and Redfield AAC, workers for help for fear that she would be Member Conyers and 11 other Members of more signatures appear in the sign-in books challenged. Vote challengers were demand- the Judiciary Committee on December 2, than votes cast. This would indicate that ing that voters provide ID, leading many 2004. votes may have been thrown out. people to leave. This egregious behavior Analysis In Perry County, there appears to be an ex- should be curtailed by the state. Mr. Kearney’s statement does not explain traordinarily high level of 91% voter reg- In Franklin County, a worker at the Holi- how the vote count could change for Presi- istration; yet, a substantial number of these day Inn observed a team of 25 people who

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 211 called themselves the ‘‘Texas Strike Force’’ McGinnis’s access to and use of the main A Washington Post investigation found using payphones to make intimidating calls computer was a violation of county board of that many longtime voters discovered their to likely voters, targeting people recently in election protocol. After calling attention to registrations had been purged. the prison system. The ‘‘Texas Strike Force’’ this irregularity in the voting system, Mr. Numerous voters were incorrectly listed on members paid their way to Ohio, but their Nuss was suspended and then resigned. roster as felons, and thus not allowed to hotel accommodations were paid for by the In Cuyahoga County and Franklin County, vote. Ohio Republican Party, whose headquarters there were voting machine errors with re- The NAACP testified to receiving over is across the street. The hotel worker heard spect to absentee ballots. The arrows on the 1,000 calls related to voter registration one caller threaten a likely voter with being absentee ballots did not align with the cor- issues, generally from individuals who were reported to the FBI and returning to jail if rect punch hole. This likely led to voters not on the voter rolls even though they had he voted. Another hotel worker called the casting a vote for a candidate other than the voted in previous elections, individuals with police, who came but did nothing. candidate they intended to support. questions on how to register, and individuals Phone calls incorrectly informed voters In Mahoning County, one precinct in with concerns about not receiving a voter that their polling place had changed. Youngstown recorded a negative 25 million registration card. The Cleveland Plain Dealer found that sev- votes. The Election Protection Coalition found eral Lake County residents received an offi- In Mercer County, one voting machine that ‘‘Individuals frequently reported having cial-looking letter on Board of Elections let- showed that 289 people cast punch card bal- ‘disappeared’ from the voter rolls . . . Many terhead informing them that their polling lots, but only 51 votes were recorded for individuals expressed concerns that they had place had changed or that they were not president. The county’s website appeared to registered but never received properly registered to vote. show a similar anomaly, reporting that or were not listed on the voter rolls at the On election day, a fake voter bulletin from 51,818 people cast ballots but only 47,768 bal- precincts.’’ Franklin County Board of Elections was lots were recorded in the presidential race, At our Columbus, Ohio hearing, several posted at polling locations, and fliers were including 61 write-ins, meaning that approxi- documented problems in Cuyahoga County distributed in the inner city, telling Repub- mately 4,000 votes, or nearly 7%, were not were brought to our attention by the Greater licans to vote on Tuesday and Democrats to counted for a presidential candidate. Cleveland Voter Registration Coalition vote on Wednesday due to unexpected heavy At our Washington, D.C. hearing, inves- (GCVRC). GCVRC registered approximately voter registration. tigative journalist Bob Fitrakis highlighted 10,000 voters before the 2004 elections, yet In Cleveland, the Washington Post re- malfunctions in Lucas County: ‘‘When the when they tracked the registrations, 3.5% ported that unknown volunteers began show- machines in Lucas County, which is a heav- were either not entered at all or entered in- ing up at voters’ doors illegally offering to ily Democratic county, when they are locked correctly, completely disenfranchising the collect and deliver complete absentee ballots in the principal’s office and nobody may vote applicants. While the board of Cuyahoga to the election office. at that site; when they’re going wrong all County was alerted to this problem as early The Election Protection Coalition testified day, and the [Lucas County Election Direc- as September, no corrective measures were that in Franklin County, voters received fli- tor Paula Hicks-Hudson] admits the test taken. Projected out county-wide, over 10,000 ers informing them that they could cast a failed prior to that, and the software is pro- people were likely not correctly registered ballot on November 3. vided, of course, by Diebold, whose CEO, and lost their right to vote. These registra- In Franklin County there were reports that Walden O’Dell, is a member of President tion problems led to provisional ballots about a dozen voters were contacted by Bush’s Pioneer and Ranger team, has visited being thrown out. someone claiming to be from the county the Crawford ranch and wrote a letter prom- The NAACP reported that many voters board of elections, telling them their voting ising to deliver the electoral votes of Ohio, complained they were asked to show ID when location was changed. one has to be somewhat suspect. they thought it was unnecessary or were un- ‘‘Door-hangers’’ telling African-American In Hamilton County, the Washington Post able to vote because they lacked proper ID. voters to go to the wrong precinct were dis- learned many absentee ballots did not in- At several locations in Cuyahoga County, all tributed. clude Kerry’s name because workers acciden- voters were being asked for ID, not just new tally removed Kerry when removing Ralph Analysis voters. A voter called to say that all voters Nader’s name from the ballots. are being asked for ID. The poll workers The use of intimidation and misinforma- Analysis were checking the address of the voter tion in Ohio on election day was widespread There is no doubt that there were a num- against the address on the registration and if and pervasive and clearly suppressed the ber of machine irregularities and glitches in they did not match, the voter was being vote. The NAACP testified that they re- the election, beyond the major discrepancies turned away, often without casting a provi- ceived over 200 complaints of such acts in highlighted earlier in our report However, it sional ballot. In still another case, a voter Ohio, so it is likely the actual number of in- is difficult for us to quantify the number of was challenged because the address on the ID cidents ranged in the thousands, if not high- votes that were altered or affected by these did not match the registration address (but er. It is difficult to estimate how many of irregularities. was in the same precinct). these incidents actually resulted in lost Given the lack of cooperation we have re- There were numerous cases where election votes. ceived from the Secretary of State’s office, it workers sent voters to the wrong precinct. These incidents of voter intimidation and is difficult for us to ascertain whether the A voter stated that a polling place in misinformation clearly violate the Voting glitches were the result of mistake, neg- Cleveland ran out of ballots, and put in an Rights Act, the Civil Rights Act of 1968, ligence, or intentional misconduct. Depend- emergency request for ballots but did not re- Equal Protection, Due Process and the Ohio ing on the type of misconduct involved, ceive them. right to vote. The fact that Secretary these errors may constitute violations of the The Associated Press reported that offi- Blackwell did not initiate a single investiga- Voting Rights Act, Equal Protection and cials ticketed lawfully parked cars at the tion into these many serious allegations may Due Process, and Ohio’s right to vote. polling stations. represent a violation of his statutory duty to Morever, it would appear that Secretary Election protection volunteers received investigate election irregularities. Cases of Blackwell’s apparent failure to follow-up on complaints about provisional ballots from intimidation and misinformation such as we these machine errors by way of an investiga- voters, many of whom reported being denied have seen in Ohio appear to have become a tion would violate his duty to investigate the opportunity to vote by provisional bal- regular feature of our election landscape and election law irregularities. lot. Some polling places either ran out of would appear to warrant the development of The role of voting machines and computers provisional ballots or never had any at their a stronger investigative and law enforcement in our election represents an increasingly se- location. For example: a voter registered to system than we have at present, at both the rious issue in our democracy. Our concerns vote in September. When she went to the state and federal levels. are exacerbated by the fact that there are polling place in Cuyahoga County on Elec- b. Machine Irregularities very few companies who manufacture and tion Day, they said she was not registered Facts operate voting machines, and they tend to be and they refused to give her a provisional controlled by executives who donate largely, In the course of our hearings we learned: ballot. if not exclusively, to the Republican Party In Auglaize County, there were voting ma- In Franklin County, some voters, who were and Republican candidates. Issues such as chine errors. In a letter dated October 21, in line to vote, but outside of the doors to the need for verifiable paper trails and great- 2004, Ken Nuss, former deputy director of the the polling place, were sent home at 7:30 p.m. er accountability all warrant further inves- County Board of Elections, claimed that Joe when the polls closed. tigation and possibly legislation. McGinnis, a former employee of ES&S, the Analysis company that provides the voting systems in c. Registration Irregularities and Official Just as we witnessed in the Florida presi- Auglaize County, had access to and used the Misconduct and Errors dential debacle four years ago, improper main computer that is used to create the Facts purging and other errors by election officials ballot and compile election results. Mr. In the course of our hearings we learned: represent a very serious problem and have a

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 212 CONGRESSIONAL RECORD—HOUSE January 6, 2005 particularly negative impact on minority counting for nearly 6,000 voters who stood in for statistical purposes and equivalent to the voters. The fact that the Greater Cleveland line to vote, but purportedly declined to vote 2,000 person norm for most national polls. In Voter Registration Coalition projects that in for president. This is in stark contrast to the addition, this year’s poll numbers were de- Cuyahoga County alone over 10,000 Ohio citi- 2% of undervoting county-wide. Disturb- signed to account for absentee votes after a zens lost their right to vote as a result of of- ingly, predominately Democratic precincts large number of absentee votes contributed ficial registration errors and that the had 75% more undervotes than those that to the inaccurate projections of the Florida NAACP received more than 1,000 purging were predominately Republican. race in 2000. This year, Mitofsky and Edison complaints on election day indicate that the Secretary of State Blackwell has refused began telephone surveys in key states before overall number of voters who may have been to answer any of the questions concerning the election to screen for absentee voters disenfranchised as a result of official mis- these matters posed to him by Ranking and create an accurate estimate of their takes and wrongful purging is in the scores Member Conyers and 11 other Members of votes. of thousands, if not more. Congressional pas- the Judiciary Committee on December 2, While exit pollsters caution against using sage of HAVA’s provisional ballot require- 2004. their results to predict election results, exit ment was intended to mitigate errors such as Analysis polls can be extremely accurate, with only this, but Secretary Blackwell’s unduly nar- small variations from the official outcomes Given the high level of interest in the pres- in numerous elections. For example, in the row interpretation of this requirement, as idential election in 2004, it is logical to as- well as weak rules for counting and checking three most recent national elections in Ger- sume that many of the persons casting many, exit polls differed from the final offi- provisional ballots, have made it far less spoiled ballots intended to cast a vote for likely that individuals whose registration cial vote counts by an average of only 0.26%. president, so this irregularity alone could ac- Their results have proven to be very accu- was wrongfully purged or never entered count for tens of thousands of would be able to receive a provisional ballot rate; correctly predicting the winner with no disenfranchised votes, with a dispropor- evidence of systematic skew of the data. and have it counted. tionate amount being minority voters and Given the information we have, it is un- United States exit polls have also been pre- Kerry voters. One of the reasons Ohio has clear whether improper purging and other cise. Brigham Young University students’ such a large number of ballots is that the registration errors which appear so prevalent exit poll results for Utah in this election in- state relies so heavily on the outdated and in Ohio were the result of human mistake or dicated 70.8% for Bush and 26.5% for Kerry. antiquated punch card system that proved to intentional misconduct. If it was inten- The official results were 71.1 % for Bush be error prone in Florida. Sixty-eight of the tional, a strong case can be made that it vio- and 26.4% for Kerry. 88 Ohio counties still rely on the outdated In the Ohio election for 2004, early exit lated the Voting Rights Act, Equal Protec- punch card machines. Thus, at least in the polls that were released just after noon on tion, Due Process, possibly the National critical state of Ohio the promise of November 2 showed that Senator Kerry was Voter Registration Act, as well as Ohio’s HAVA funding to help states acquire better leading President Bush by three percentage right to vote law. The Secretary of State’s equipment so that more votes could count points. Shortly after midnight on November failure to investigate these registration er- has not been met. 3, exit poll data continued to indicate that rors and other irregularities may also vio- With regard to the severe undercount vot- 52.1% of Ohio voters selected Senator Kerry late his duties to do so under Ohio law. ing figures in Montgomery County, we have and 47.9% selected President Bush. These HAVA funds were supposed to be used to not received any cooperation from Secretary numbers, however, differed greatly from the implement a fairer and more efficient reg- Blackwell in ascertaining how this occurred. final results of the election; in the official istration system statewide. Unfortunately, This may have been due to some equipment results, President Bush led Senator Kerry by full funding has been delayed, and most or poll worker error or, in the worst case, 2.5 percentage points in Ohio. states, including Ohio, have received waivers manipulation. National poll data showed a similar shift from this federal requirement. from a clear advantage for Senator Kerry on b. Exit Polls Bolster Claims of Irregularities 3. General Problems Election Day to a victory for President Bush and Fraud a. Spoiled Ballots—Hanging Chads Again? on the day after the election. Data that was Facts Facts provided by Edison/Mitofsky to the National Ohio had a significant number of spoiled An exit poll serves as a predictor of the Election Pool members at 4 p.m. on Election votes—approximately 93,000. These are bal- final vote results in an election. It is con- Day showed Senator Kerry leading 51% to lots in which either no presidential vote was ducted by interviewing voters about their 48%. These percentages held the same in the recorded or multiple votes were indicated vote selections as they are leaving the polls. data released at 7:30 p.m. that day. By the and therefore ignored. For example, someone The process for conducting reliable exit polls time Senator Kerry conceded the election on may not have filled in his presidential choice was largely created in 1967 by CBS News poll- Wednesday, November 3, the Edison/Mitofsky dark enough for an optical scan machine to ster and statistician, Warren Mitofsky, now poll numbers had been aligned with reported read, but did fill it in clearly enough to be a known as ‘‘a world recognized expert in exit vote counts. For the first time the poll num- valid selection in a hand count. In addition, polling in particular and public opinion poll- bers showed an advantage for President Bush a punch card voter may not have punched ing in general.’’ Former Mexican President with 51% to Senator Kerry’s 48%. completely through his choice, leaving a Carlos Salinas credited Mr. Mitofsky’s work On December 3, 2004, Rep. Conyers re- ‘‘chad’’ attached that could not be read by for contributing to the prevention of fraud quested the raw exit poll data from Mitofsky the tabulator. However, that same chad and an increase in credibility in the 1994 International. Mr. Mitofsky replied ‘‘The could be read in a hand count because Ohio election in Mexico. data are proprietary information gathered law provides that hanging chads may be con- The exit poll data taken on November 2, and held for the benefit of those news organi- sidered valid votes as long as two corners are 2004, was compiled by two well-respected zations, and I am not at liberty to release detached. firms—Mitofsky International and Edison them.’’ On December 21, 2004, as a follow-up, According to a New York Times investiga- Media Research. Joseph Lenski, who con- Rep. Conyers requested the data directly tion, ‘‘the problem [with spoiled ballots] was ducted the exit polls for Edison Media Re- from the news wire and television companies pronounced in minority areas, typically search, trained in the field of exit polling that contracted with Mr. Mitofsky and Mr. Kerry strongholds. In Cleveland ZIP codes under Mr. Mitofsky before starting his own Edison for the data. Though the Congress- where at least 85% of the population is firm. They conducted in 2004 exit polls under man has not received a response to his let- black, precinct results show that one in 31 a contract from the National Election Pool ter, Edie Emery, a spokesperson for the NEP ballots registered no vote for president, more (NEP), a consortium of six news and media and a CNN employee, said the exit poll data was still being analyzed and that the NEP’s than twice the rate of largely white ZIP organizations: the Associated Press, ABC, board would decide how to release a full re- codes where one in 75 registered no vote for CNN, CBS, NBC, and Fox. port in early 2005. ‘‘To release any informa- president. Election officials say that nearly In this year’s election, the National Elec- tion now would be incomplete,’’ she said. 77,000 of the 96,000 [spoiled] ballots were tion Pool conducted two types of exit polls: Furthermore, Jack Stokes, a spokesperson punch cards.’’ 73,000 voters were interviewed in statewide One of the principal purposes of the re- polls, and an additional 13,000 voters were for the Associated Press said, ‘‘like Con- count in Ohio was to ascertain the intent of interviewed for a national poll. The national gressman Conyers, we believe the American these 93,000 ballots. However, by manipula- poll’s sample size was approximately six people deserve answers. We want exit polling tion or otherwise every county in Ohio but times larger than the sample normally used information to be made public as soon as it Coshocton County avoided completing a full in high quality pre-election national polls. is available, as we intended. At this time, hand recount. This means that the vast ma- This poll size would normally yield a very the data is still being evaluated for a final jority of these spoiled ballots will never be small margin of error and would be very ac- report to the National Election Pool.’’ reviewed. . Furthermore, such a poll would nor- Analysis The problem was particularly acute in two mally result in a close congruence between Clearly something unusual is indicated by precincts in Montgomery County which had exit poll and official results. The sample size the differential between the exit poll infor- an undervote rate of over 25% each—ac- for Ohio was 1,963 voters, which is quite large mation we have obtained and the final vote

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 213 tallies in Ohio. It is rare, if not unprece- While pollsters use feedback and detailed Cuyahoga County, 8,099 out of 24,472 provi- dented, for election results to swing so dra- analysis to improve their results, are moti- sional ballots, or approximately one third, matically from the exit poll predictions to vated towards accuracy, and face market were ruled invalid, the highest proportion in the official results. Kerry was predicted to if they fail to provide thorough, the state. This number is twice as high as win Ohio by a differential of 4.2 percentage accurate and timely exit poll results, ‘‘there the percentage of provisional ballots rejected points. The official results showed Bush win- is little competition, feedback and motiva- in 2000. ning by 2.5 percentage points. The differen- tion for accuracy in election processing.’’ These series of events constitute a possible tial between the prediction for Kerry and the Thus we do not dismiss these exit poll re- violation of the Voting Rights Act, as not winning results for Bush represent a swing of sults, and their discrepancy with the official only were legitimate votes apparently 6.7 percentage points. According to Univer- vote counts, as others might do. We believe thrown out, they undoubtedly had a dis- sity of Pennsylvania Professor Steven Free- they provide important evidence that some- proportionate impact on minority voters, man, this ‘‘exit poll discrepancy could not thing was amiss in the Ohio election. concentrated in urban areas such as Cuya- have been due to chance or random error.’’ Full, accurate and reliable statistical anal- hoga County which had the highest shares of Professor Freeman has further concluded ysis cannot be completed until the raw data the state’s provisional ballots. The actions that statistical analysis shows a probability from the exit polls is released. The limited may also violate Ohio’s constitutional right of 1 in 1,000 that the difference between Sen- available ‘‘uncalibrated’’ or raw data indi- to vote. ator Kerry’s share of the exit poll projection cates the broad discrepancies that are dis- 2. Justice Delayed is Justice Denied—Re- and the official count of the vote would be as cussed above. However, it appears that the counts were Delayed Because of a Late much as the final 3.4% spread, a virtual im- National Election Pool data was ‘‘cali- Declaration of Results possibility. As a matter of fact, there are brated’’ or corrected after the official results Facts broad statistical variations of up to 9 per- were publicized. It may be standard practice centage points between exit poll data and of- to recalibrate poll results to reflect the ac- Ohio law requires the Secretary of State to ficial results in Ohio and other key states in tual outcome ‘‘on the assumption that the provide county boards of elections with di- the 2004 election. In state after state, Sen- [official] count is correct, and that any dis- rectives governing voting procedures, voting ator Kerry’s advantage in the exit poll re- crepancies must have been due to imbal- machine testing, and vote tallying. Prior to sults was lost by sizable margins. anced representation in their samples or the election, Secretary Blackwell thus The discrepancy between the exit polls and some other polling error.’’ Thus data that issued a directive providing that Ohio boards the official vote count must be due to an in- was publicized on Election Day showing of elections would have to complete their of- accurate poll or an inaccurate vote. Either these large discrepancies is no longer pub- ficial canvasses by December 1, almost one there was unintentional error in the exit poll licly available; only the recalibrated num- month after the date of the 2004 election. or the official vote count, willful manipula- bers are available on the Internet. An inde- The directive further states that ‘‘no recount tion of the exit poll or the official vote pendent, detailed analysis of the early exit may be held prior to the official canvass and count, or other forms of fraud, manipulation poll data is necessary to verify the actual certification of results,’’ so that county or irregularities occurred in the electoral outcome of the vote in Ohio, and thus re- boards would have to wait until Secretary process. Pollsters Mitofsky and Lenski have store complete legitimacy to this election. Blackwell decided to certify the results be- intimated that their poll numbers deviated In any event, the discrepancies that we are fore proceeding with recounts. from the official results because a dispropor- able to identify place the entire Ohio elec- Ohio law also sets deadlines for the con- tionate number of Bush supporters refused to tion results under a cloud of uncertainty. duct of recounts. First, applications for participate in their polls. However, Professor statewide recounts must be submitted within C. Post-Election five days of the Secretary of State’s declara- Freeman posits that part of the discrepancy 1. Confusion in Counting Provisional Ballots tion of results. Second, such recounts must is due to a miscount of the vote. Facts As noted above, election polls are gen- begin within ten days of the recount request. erally accurate and reliable. Pollsters are Secretary Blackwell’s failure to issue Secretary of State Blackwell gave county able to categorize their sources of error and standards for the counting of provisional bal- boards of election until December 1 to cer- develop extensive methodologies to limit lots led to a chaotic and confusing result tify their returns and then waited to another those errors with each successive poll. Polit- such that each of Ohio’s 88 counties could five days, until December 6, to certify the re- ical scientist Ken Warren noted claims, ‘‘. . . count legal ballots differently or not at all. sults. As a consequence, recounts could not exit polling has become very sophisticated In turn, this fostered a situation where sub- be sought until at least December 11, and and reliable, not only because pollsters have sequent to the election, Cuyahoga County were required to begin by December 16. The embraced sound survey research techniques, mandated that provisional ballots in yellow Green/Libertarian recount began on Decem- but because they have learned through expe- packets must be ‘‘rejected’’ if there is no ber 13, 2004. As a result, the recount was rience to make valid critical adjustment.’’ In ‘‘date of birth’’ on the packet. This ruling pending when the Secretary of State sent fact, prominent survey researchers, political was issued despite the fact that the original certificates to electors on December 7, and scientists and journalists ‘‘concur that exit ‘‘Provisional Verification Procedure’’ from before the electoral college met on December polls are by far the most reliable’’ polls. Cuyahoga County stated, ‘‘Date of birth is 13. Because it appeared the Secretary of Unfortunately, throughout American his- not mandatory and should not reject a provi- State had intentionally delayed certification tory various devices, schemes and legal sional ballot’’ and simply required that the to ensure that the recount could not be com- structures have been used to shape the out- voter’s name, address and a signature match pleted by these time periods, 11 Members of come of an election. Elections at every level the signature in the county’s database. The Congress, including Rep. Conyers, wrote to of government have been skewed by tactics People for the American Way Foundation Gov. Taft asking that they delay or treat as that deny voting rights, establish poll taxes, sought a legal ruling ordering Secretary provisional the December 13 meeting of the lose voter registrations, disqualify voters Blackwell and the county elections board to state’s presidential electors. The counties completed their recounts on and disqualify ballots to ensure a certain compare paper registration and electronic December 28, 2004, but due to a variety of outcome. The Florida election in 2000 pro- registration records. People For the Amer- irregularities and alleged legal violations in vides ample evidence that our system is rife ican Way further asked the Board to notify the recount, they remain embroiled in litiga- with election irregularites that have pro- each voter whose ballot was invalidated and tion as of the date of this report. found impacts on our election outcomes. how the invalidation could be challenged. Elections are politically controlled, with Neither of these actions were taken. Analysis In another case, while the state directed extreme pressures for certain outcomes. In The scenario created by Secretary counties to ensure voters had been registered our system, victory can become more impor- Blackwell effectively precluded recounts during the thirty days before the election, tant than an accurate vote count. While poll- from being concluded prior to the December one college student who had been registered sters are privately hired based on their accu- 13 meeting of electors. By setting the vote since 2000 and was living away from home racy and timely results, candidates and cam- tally deadline so late and then delaying the was denied a provisional ballot. paigns are primarily concerned with win- declaration of results—it took a full 34 days ning. When key election officials are also Analysis after the November 2 election for the results key campaign officials, as was the case in Mr. Blackwell’s failure to articulate clear to be certified—Secretary of State Blackwell Florida in 2000 and in Ohio in 2004, the goal and consistent standards for the counting of insured that the time for completing re- of providing an accurate vote tally gets into provisional ballots likely resulted in the loss counts, therefore, was pushed to after the the murky waters of winning the political of several thousand votes in Cuyahoga Coun- date of the Electoral College meeting. As a contest. But pollsters lose their legitimacy, ty alone, and untold more statewide. This is result of this intentional course of conduct, and thus future contracts, if they are not ac- because the lack of guidance and the ulti- it appears that Mr. Blackwell has ensured curate. Thus, ‘‘ the systemic pressures on mate narrow and arbitrary review standards that the controversies concerning the ap- polling accuracy are much greater than they imposed in Cuyahoga County appear to have pointment of electors could not be resolved are on vote count accuracy. significantly contributed to the fact that in by December 7, 2004, thereby causing Ohio to

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 214 CONGRESSIONAL RECORD—HOUSE January 6, 2005 lose the benefit of the electoral college safe undervotes when the purpose of the team is an old wooden cabinet that, at one point, was harbor so that there appointment of electors to in fact locate those votes and judge said to be lockable and, at another point, is not necessarily binding on Congress. In ad- them?’’ was said to be unlockable. dition, this diminishment of the recount law Barbian’s response was, ‘‘. . . it’s just On December 15, 2004, Rep. Conyers for- may violate the voters’ right to equal pro- human error. The machine count is right warded information concerning the irreg- tection and due process, as well as under- . . . We’re trying to give them as much infor- ularities alleged in the Eaton Affidavit to mine the entire import of Ohio’s recount mation to help them out.’’ the FBI and local prosecutors in Ohio. He law. In addition, Douglas W. Jones, a computer has not received a response to that letter. On 3. Triad GSI—Using a ‘‘Cheat Sheet’’ to election expert from the University of Iowa, December 22, 2004, Rep. Conyers forwarded a Cheat the Voters in Hocking and Other reviewed the Eaton Affidavit and concluded series of questions concerning this course of Counties that it described behavior that was dan- events to the President of Triad GSI and to Mr. Barbian. Counsel for Triad GSI has indi- Facts gerous and unnecessary: ‘‘I have reviewed the Affidavit of Sherole cated that a response would be forthcoming Perhaps the most disturbing irregularity L. Eaton (‘‘the Eaton Affidavit’’), the Deputy later this week or shortly thereafter. that we have learned of in connection with Director of the Hocking County Board of Analysis the recount concerns the activities and oper- Election, as well as the letter of Congress- Based on the above, including actual ad- ations of Triad GSI, a voting machine com- man John Conyers to Kevin Brock, Special missions and statements by Triad employ- pany. On December 13, 2004, House Judiciary Agent in Charge with the FBI in Cincinnati, ees, it strongly appears that Triad and its Committee Democratic-staff met with Ms. Ohio. In light of this information, and given employees engaged in a course of behavior to Sherole Eaton, Deputy Director of Elections my expertise and research on voting tech- provide ‘‘cheat sheets’’ to those counting the for Hocking County. She explained that on nology issues and the integrity of ballot ballots. The cheat sheets told them how Friday, December 10, 2004, Michael Barbian, counting systems, it is my professional opin- many votes they should find for each can- Jr., a representative of Triad GSI, unilater- ion that the incident in Hocking County, didate, and how many over and under votes ally sought and obtained access to the voting Ohio, threatens the overall integrity of the they should calculate to match the machine machinery and records in Hocking County, recount of the presidential election in Ohio, count. In that way, they could avoid doing a Ohio. and threatens the ability of the presidential full county-wide hand recount mandated by Ms. Eaton witnessed Mr. Barbian modify candidates, their witnesses, and the counter- state law. If true, this would frustrate the the Hocking County computer vote tabulator plaintiffs in the above-captioned action, to entire purpose of the recount law—to ran- before the announcement of the Ohio re- properly analyze, inspect, and assess the bal- domly ascertain if the vote counting appa- count. She further witnessed Barbian, upon lots and the related voting data from the ratus is operating fairly and effectively, and the announcement that the Hocking County 2004 presidential election in Ohio. It is my if not to conduct a full hand recount. By en- precinct was planned to be the subject of the understanding that 41 of Ohio’s 88 counties suring that election boards are in a position initial Ohio test recount, make further alter- use Triad voting machines. As a result, the to conform their test recount results with ations based on his knowledge of that infor- incident in Hocking County could com- the election night results, Triad’s actions mation. She also has firsthand knowledge promise the statewide recount, and under- may well have prevented scores of counties that Barbian advised election officials how mine the public’s trust in the credibility and from conducting a full and fair recount in to manipulate voting machinery to ensure accuracy of the recount.’’ compliance with equal protection, due proc- that a preliminary hand recount matched We have received several additional re- ess, and the first amendment. the machine count. ports of machine irregularities involving In addition, the course of conduct outlined According to the affidavit, the Triad offi- above would appear to violate numerous pro- cial sought access to the voting machinery several other counties serviced by Triad, in- cluding a report that Triad was able to alter visions of federal and state law. As noted based on the apparent pretext that he want- above, 42 U.S.C. § 1973 provides for criminal ed to review some ‘‘legal questions’’ Ohio election software by remote access: In Union County, the hard drive on the penalties for any person who, in any election voting officials might receive as part of the for federal office, ‘‘knowingly and willfully recount process. At several times during his vote tabulation machine, a Triad machine, had failed after the election and had been re- deprives, defrauds, or attempts to defraud interaction with Hocking County voting ma- the residents of a State of a fair and impar- chines, Mr. Barbian telephoned into Triad’s placed. The old hard drive was returned to the Union County Board of Elections in re- tially conducted election process, by . . . the offices to obtain programming information procurement, casting, or tabulation of bal- sponse to a subpoena. relating to the machinery and the precinct lots that are known by the person to be ma- The Directors of the Board of Elections in in question. It is now known that Triad offi- terially false, fictitious, or fraudulent under both Fulton and Henry County stated that cials have intervened in other counties in the laws of the State in which the election is the Triad company had reprogrammed the Ohio—Greene and Monroe, and perhaps oth- held.’’ Section 1974 requires the retention computer by remote dial-up to count only ers. and preservation of all voting records and the presidential votes prior to the start of In fact, Mr. Barbian himself has admitted papers for a period of 22 months from the the recount. to altering tabulating software in Hocking, date of a federal election and makes it a fel- In Monroe County, the 3% hand-count Lorain, Muskingum, Clark, Harrison and ony for any person to ‘‘willfully steal, de- failed to match the machine count twice. Guernsey counties. Todd Rapp, President of stroy, conceal, mutilate, or alter’’ any such Triad, also has confirmed that these sorts of Subsequent runs on that machine did not record. changes are standard procedure for his com- match each other nor the hand count. The Ohio law further prohibits election ma- pany. Monroe County Board of Elections sum- chinery from being serviced, modified, or al- First, during an interview, film maker moned a repairman from Triad to bring a tered in any way subsequent to an election, Lynda Byrket asked Barbian, ‘‘you were just new machine and the recount was suspended unless it is so done in the presence of the full trying to help them so that they wouldn’t and reconvened for the following day. On the board of elections and other observers. Any have to do a full recount of the county, to following day, a new machine was present at handling of ballots for a subsequent recount try to avoid that?’’ Mr. Barbian answered, the Board of Elections office and the old ma- must be done in the presence of the entire ‘‘Right.’’ She further inquired: ‘‘did any of chine was gone. The Board conducted a test Board and any qualified witnesses. This your counties have to do a full recount?’’ Mr. run followed by the 3% hand-counted ballots. would seem to operate as a de facto bar Barbian replied, ‘‘Not that I’m aware of.’’ The results matched this time and the Board against altering voting machines by remote Second, it appears that Mr. Barbian’s ac- conducted the remainder of the recount by access. Containers in which ballots are kept tivities were not the actions of a rogue com- machine. may not be opened before all of the required puter programmer but the official policy of In Harrison County, a representative of the participants in are attendance. It is critical Triad. Rapp explained during a Hocking Triad company reprogrammed and retested to note that the fact that these ‘‘ballots’’ County Board of Elections meeting: the tabulator machine and software prior to were not papers in a box is of no consequence ‘‘The purpose was to train people on how to the start of the recount. The Harrison Coun- in the inquiry as to whether state and fed- conduct their jobs and to help them identify ty tabulating computer is connected to a eral laws were violated by Barbian’s conduct: problems when they conducted the recount. second computer which is linked to the Sec- Ohio Revised Code defines a ballot as ‘‘the If they could not hand count the ballots cor- retary of State’s Office in Columbus. The official election presentation of offices and rectly, they would know what they needed to Triad technician handled all ballots during candidates . . . and the means by which look for in that hand count.’’ the machine recount and performed all tab- votes are recorded.’’ Ohio Rev. Code § 3506.01 Barbian noted that he had ‘‘provided [other ulation functions. The Harrison County (B) (West 2004). Therefore, for purposes of counties] reports so they could review the in- Board of Elections kept voted ballots and un- Ohio law, electronic records stored in the formation on their own.’’ used ballots in a room open to direct public Board’s computer are to be considered ‘‘bal- As one observer asked, ‘‘Why do you feel it access during daytime hours when the court- lots.’’ Triad’s interference with the com- was necessary to point out to a team count- house is open. The Board had placed voted puters and their software would seem to vio- ing ballots the number of overvotes and ballots in unsealed transfer cases stored in late these requirements.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 215 Further, any modification of the election viewed the County Director of Elections, the Board of Elections. Notice was sent by machinery may only be done after full notice Carole Garman, and found substantial dis- the Board to these voters on the Friday be- to the Secretary of State. Ohio Code and re- crepancies in the number of voting machines fore the election by registered mail, and was lated regulations require that after the state per voter in low-income areas as compared to likely not received until Monday, advising certifies a voting system, changes that affect other areas. Apparently, some consolidated such voters of their right to be present at a ‘‘(a) the method of recording voter intent; (b) precincts had almost the state imposed limit Monday hearing, where the voter’s eligibility voter privacy; (c) retention of the vote; or of 1,400 registered voters and others had only would be decided. the (d) communication of voting records, a few hundred voters. One of the precincts Other irregularities appear in the official must be done only after full notice to the disproportionately affected included Central ballot counting charts prepared by election Secretary of State. We are not aware that State University and Wilbur Force Univer- officials, including a number of precincts any such notice was given to the Secretary. sity, both historically black universities. where the number of voters do not match the Finally, Secretary Blackwell’s own direc- The next day, the observers returned to number of votes cast despite the fact that tive, coupled with Ohio Revised Code that office and requested voter signature the charts indicate that those numbers § 3505.32, prohibits any handling of these bal- books for copying. Ms. Garman granted such ‘‘must match.’’ lots without bipartisan witnesses present. access. After leaving the office for three We have also obtained evidence indicating That section of the code provides that during hours, the observers returned and had been that eligible voters did not have their ballots a period of official canvassing, all inter- advised that, under Ohio law, they were enti- counted for invalid reasons. For example, an action with ballots must be ‘‘in the presence tled to copies of the precinct books for a overseas military ballot was not counted be- of all of the members of the board and any nominal fee, and requested such copies from cause it was a photocopy rather than the other persons who are entitled to witness the Garman. Garman did not concur with that original ballot; an 85 year old voter did not official canvass.’’ The Ohio Secretary of view of Ohio law and telephoned the office of have his absentee vote counted because it did State issued orders that election officials are Secretary Blackwell, eventually reaching not have a stub attached; a disabled voter to treat all election materials as if the State Pat Wolfe, the Election Administrator for who indicated she marked her ballot with were in a period of canvassing, and that, the Secretary of State. Garman then advised the assistance of election workers did not ‘‘teams of one Democrat and one Republican the observers that, per Blackwell, all voter have her absentee vote counted because no must be present with ballots at all times of records for the State of Ohio were ‘‘locked stub was attached; an absentee voter with a processing.’’ down’’ and they now were ‘‘not considered properly postmarked ballot did not have his Triad has sought to respond to these public records.’’ Garman subsequently phys- vote counted because it was received ‘‘too charges by arguing that Ohio law requires a ically removed the books from one observer’s late,’’ but before the initial certification of Board of Elections to prevent the counting hands’’ After attempting to persuade results; and provisional ballots that were not or tabulation of other races during a recount Garman to reverse this decision to no avail, counted because an election official forgot to and limit these activities to those offices or the observers departed the office. sign as a witness when the ballot was cast. issues for which a formal recount request has The observers returned the following day, Substantial numbers of provisional ballots been filed. However, this requirement does a Saturday, at 10:15 am. While a number of appear to have been rejected because voters not supercede the above requirements that cars were parked in the parking lot and the were purged in the last two years. election machinery only be serviced or oth- door to the office was unlocked, and there Analysis erwise altered in the presence of the full was no one in the office. One light was on in Numerous Ohio laws appear to have been elections board and observers. There are at the office that had not been on the previous broken in Greene County. First it is a mis- least two ways this recount process could night after the office was closed. In the of- demeanor to deny the public access to elec- have been conducted legally. First, recoun- fice, unsecured, were the poll books that had tion records. Ohio law clearly states that ters could have been given the full ballot and been taken from then observers the day be- ‘‘No director of elections, deputy director of been simply instructed not to count the fore. There were also voting booths, ballot elections, or employee of the board of elec- other races recorded. Second, the service boxes apparently containing votes, and vot- tions designated by the director or deputy company employees could have waited to ing equipment, also unsecured. Shortly after direct shall knowingly prevent or prohibit alter the software program until the official the observers had left the office, a police of- any person from inspecting, under reason- recount began in the presence of the board ficer arrived and later elections officials and able regulations established and posted by and qualifying witnesses. Neither of these members of the media. The officials were un- the board of elections, the public records scenarios occurred in the present case. able to offer any explanation for the unse- filed in the office of the board of elections.’’ In addition to these provisions imposing cure office, other than negligence, and said Not only is this a crime, but grounds for dis- duties on the Board of Elections, there are they would ask a technician (from the Triad missal from election duties—required wheth- numerous criminal penalties that can be in- company) to check out the machines on er the offender is an official or an employee. curred by those who actually tampered with Monday. It does not appear that anyone has been the machines. These apply to persons who A number of other substantial irregular- prosecuted, and no one has been dismissed as ‘‘tamper or attempt to tamper with . . . or ities in Greene County have come to our at- required by statute. otherwise change or injure in any manner tention that were uncovered after the office Second, the complete lack of security on any marking device, automatic tabulating was discovered to be unsecure. In the short Friday night violates any number of Ohio equipment or any appurtenances or acces- period of time that observers were given to laws requiring that ballots and machinery be sories thereof;’’ ‘‘destroy any property used examine voting records, ballots were not kept absolutely secure. Section 3505.31 re- in the conduct of elections;’’ ‘‘unlawfully de- counted for apparently erroneous reasons. In quires that ballots, pollbooks, poll lists, stroy or attempt to destroy the ballots, or a number of cases, Greene County officials tally sheets and voting machines be kept permit such ballots or a ballot box or rejected ballots because the secrecy envelope tamper-proof and under seal. Ballots are to pollbook used at an election to be destroyed; for the ballot appeared to indicate that the be held secure until a recount is properly or destroy [or] falsify;’’ and ‘‘willfully and voter had voted in the wrong precinct, not- conducted in front of witnesses, and ballots with fraudulent intent make any mark or al- withstanding the fact that a notation was may not be handled by anyone except the teration on any ballot.’’ made—apparently by an election worker—in- board and its employees. Failure of these du- It is noteworthy that the companies impli- dicating the vote should count. The records ties by board members and their employees, cated in the misconduct outlined above, appeared to indicate that, in some cases, vot- is a felony, as ‘‘No member, director or em- Triad and its affiliates, are the leading sup- ers were sent to the wrong precinct by elec- ployee of a board of elections shall willfully pliers of voting machines involved in the tion workers and, in others, were given the or negligently violate or neglect to perform counting of paper ballots and punch cards in wrong precinct’s envelope for the ballot be- any duty imposed upon him by law, or will- the critical states of Ohio and Florida. Triad cause election workers had run out of enve- fully perform or neglect to perform it in such is controlled by the Rapp family, and its lopes for the correct precinct. a way as to hinder the objects of the law.’’ founder Brett A. Rapp has been a consistent These records also appeared to indicate Again, it requires that the offender be dis- contributor to Republican causes. In addi- that some voters were purged from the vot- missed, and again, it appears that those ac- tion, a Triad affiliate, Psephos Corporation, ing rolls on the basis that they failed to vote tions have not been taken in Greene County. supplied the notorious butterfly ballot used in the previous election, while other voters It is important to note that this statute does in Palm Beach County, Florida, in the 2000 who had not voted in several elections had not require any intent of wrongdoing—sim- presidential election. not been purged. On October 26, Secretary ple negligence is enough to invoke the stat- 4. Greene County—Long Waits, the Unlocked Blackwell issued a directive and provided it ute and there is no explanation as to why it Lockdown and Discarded Ballots to Greene County officials regarding the has not been enforced. We have received information indicating ‘‘pre-challenging’’ process, where a voter’s Third, Greene County’s operation seems to negligence and potential tampering with eligibility is challenged prior to the election, have several Constitutional problems, both Greene County ballots and voting machines. and sent an attached list of voters who were federally and at the state level. The selective On December 9, election observers inter- to be pre-challenged in Greene County, to use of challenges and purges invokes the

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 216 CONGRESSIONAL RECORD—HOUSE January 6, 2005 Equal Protection clause. We were unable to The Hocking County Board of Elections such ballots to make them work. An ob- confirm any legitimate reason why some met and Rod Hedges, a Republican Board server protested this practice. An election voters were challenged and then purged, and member, stated that he believed the Board official pulled a black marker from his right others were not. There are also Due Process should select a precinct that was not heavily pocket near the beginning of the recount and concerns as those to be purged were not in favor of George W. Bush or John F. Kerry. stated that he was the mark-up man. He pro- given sufficient notice to meaningfully par- The Board decided to consider only the pre- ceeded to do all of the marking of the bal- ticipate in their scheduled hearings. And fi- cincts where the vote totals for Bush and lots. Another election official assisted with nally, these actions violate Ohio’s own con- Kerry were similar. An observer objected the ‘‘band-aids’’. The observer noted that all stitution that guarantees the right to vote. that this was not a random selection, but to the re-marking and band-aiding of ballots 5. OTHER RECOUNT IRREGULARITIES no avail. did reflect the will of the voter, with one ex- Election officials in Medina County were ception. In the precinct Belpre 4A, a voter We learned of numerous additional trou- aware of several ‘‘problem’’ districts, but in- had both marked the oval and put an X bling recount irregularities in the course of stead chose to perform the manual 3% test through it for presidential candidate Michael our investigation. The groundwork for these recount on two precincts that had been part Peroutka and had marked the oval for Bush. problems was laid when the Secretary of of a school levy recount the previous Mon- The election official put a band-aid over the State failed to issue specific standards for day. That meant that those ballots had been Peroutka vote and put his own X on the the recount. In essence, Mr. Blackwell’s di- taken out of the standard ‘‘double lock’’ sit- Bush vote. The observer objected that it rective on recount procedures permitted uation and had been handled several times should be counted as an overvote. The Board each county board of election to determine since that Monday. ruled that the vote should count for Bush. its own recount rules. Mr. Blackwell failed The Board of Elections in Vinton County In Lucas County, an observer witnessed the to issue such standards, notwithstanding the selected a precinct 3% manual recount test physical alteration of three ballots for the fact that election officials themselves had simply because its vote total was closest to apparent reason of ensuring that the vote offered contrasting election recount proce- 3% of the total votes cast in the county. count produced by the optical scan machine dures, including some counties who sought The Summit County Board of Elections se- would match the 3% hand count. At least one to unilaterally oppose doing any recount lected precincts randomly with the Director of the election officials stated that she did whatsoever. and Deputy Director of the Board of Elec- not want the hand count and machine count Some of the serious recount irregularities tions and two other Board employees to be different because they did not want to that we learned of in connection with our in- present, both of whom were IT specialists for do a complete hand count. The Board made vestigation include the following: the Board so that they could compute the the alterations to the ballot after deter- a. Irregularities in Selecting the Initial 3% three percent. The Board shuffled 475 pre- mining the intent of the voters. Following a Hand Count—Many County Boards of Elec- cinct cards and then chose randomly from lunch break during the recount, the Board tions Did Not Randomly Select the Pre- the pile. The Summit County Board of Elec- kept recount observers waiting while a tech- cinct Samples tions conducted this selection without any nician from the Diebold company repro- In the course of our investigation we recount witnesses present. grammed the machine. learned: b. Irregularities in Applying the Full Hand- In Ashland County, ballots cast in the Mr. Keith Cunningham, Director of the Count Requirement—Counties Not Con- presidential election were stored by precinct Allen County Board of Elections, explained ducting Full Hand Count After 3% Hand in open cubicles along one wall in the em- that it would take considerably longer to and Machine Counts Did Not Match ployee lunchroom/meeting room, completely carry out the recount if there were a random open and visible to anyone who enters the In the course of our investigation we selection process employed. Instead, the room. Piled on top of the cubicles were bags learned: Board pre-selected four precincts, totaling of Doritos, mugs, cleaning products, Glad In Monroe County, the 3% hand-count slightly more than the required three per- Wrap and other miscellaneous items. Board failed to match the machine count twice. cent, for the recount. Democratic and Green of Election officials said the room was kept Subsequent runs on that machine matched Party witnesses raised objections but to no locked, except when used. neither each other nor the hand count. The avail. In Coshocton County, the Board stored Monroe County Board of Elections sum- The Clermont County Board of Elections voted ballots mixed with blank, unused bal- moned a repairman from Triad to bring a selected the 3% precinct samples by choosing lots in partially-opened boxes, unsealed at new machine and the recount was suspended the thirteen precincts with lowest number of the time of observation and apparently never and reconvened for the following day. On the voters plus the next number of precincts sealed after the election. While ballots were following day, a new machine was present at that reached the total of 3% of the total stored in a locked room, all Board employees the Board of Elections office and the old ma- votes cast in that county. This selection had keys to the room. chine was gone. The Board conducted a test process eliminated larger and more diversi- In Belmont County, the Deputy Director of deck run followed by the 3% hand-counted fied precincts. The staff of the Board admit- Elections stated that her county had hired ballots. The results matched this time and ted that small precincts were chosen because an independent programmer (‘‘at great ex- the Board conducted the remainder of the re- fewer problems would be encountered in pense’’) to reprogram the counting machines count by machine. smaller precincts. A witness objected to this so that they would only count votes for In Fairfield County, the hand recount of selection process, but to no avail. President during the recount. the 3% test sample did not match the ma- The Cuyahoga County Board of Elections In Portage County, all ballot boxes were chine count, even after two attempts. The decided to choose only precincts with 550 locked and reopened, locked and re-opened Board suspended the recount and stated that votes or more and from a cross-section of again—always in plain sight—and trans- Secretary Blackwell recommended that the areas—one East side, one West side, one af- ported methodically from the visual inspec- recount should begin again ‘‘from scratch.’’ fluent, one non-affluent. This criterion left tion area to the tabulator room. The Green recount observers were then told only eight percent of precincts available to d. Irregularities in the Treatment of Wit- that it was 4:00 PM, the building was closed, be selected. In addition, witnesses observed nesses at the Recount and their Access to and all had to leave. The Republican recount that the ballots were not in a random order, Ballots observers, however, were allowed to stay in a and that they had been previously sorted. As conference room for an additional ten min- In the course of our investigation we the ballots were fed into the counting ma- utes or so for a private discussion. When the learned: chines, there were long runs of votes for only Board reconvened a few days later, it an- In Summit County, recount witnesses were one candidate and then long runs for an- nounced that it would be conducting a ma- threatened with expulsion if they spoke to other, which seemed statistically improb- chine count of the county’s votes. When a counting teams. In some instances, they able. Green Party observer objected, she was told were expected to ‘‘observe’’ from up to 20 The total number of votes cast in Morrow by the Board that she was not allowed to feet away, which prevented them from being County was 16,694. Three percent of this speak. able to actually observe recount. would be 501. The Morrow County Board of In Huron County, the punchcard tabulator Elections selected the Harmony Township c. Irregularities in the Treatment of Bal- test was observed only by Republican wit- precinct for the initial hand count because it lots—Some Counties Marking Ballots and nesses. This test was conducted the day be- had 517 ballots cast. When observers com- Some Counties Not Securely Storing Bal- fore the Green Party witness was invited to plained this was not random, the Board re- lots observe the recount. sponded that it had the right to select the In the course of our investigation we In Putnam County, Board of Elections offi- precinct. During this discussion, an election learned: cials told observers that their Board would official with the Board called the Secretary In Washington County, the Board of Elec- meet on December 15th to decide the start of State’s office and reported that the Sec- tions had, in the first count, excluded ballots date. When the observer called back on the retary of State’s office stated that the Board which included no votes and overvotes. Dur- 15th, she was told the recount had already was correct. ing the recount, the Board altered many taken place.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 217 In Allen County, observers were not al- that candidates have the right to ensure that Numerous incidents of voter intimidation lowed to examine provisional ballots and ab- ballots are secure between the election and and misinformation engaged in Ohio on elec- sentee ballots during the recount. The Board the official recount, that ballots may not be tion day likely violate the Voting Rights told them that they must make an appoint- handled by anyone besides Board members Act, the Civil Rights Act of 1968, and the ment at a later time working around the and their staff, and may not be handled out- Ohio right to vote. Mr. Blackwell’s apparent Board’s schedule. The Board further stated side of the presence of the Board and quali- failure to institute a single investigation that only the specific person who cast such a fying witnesses. Finally, those counties into these acts likely represents a violation ballot is allowed to inquire whether his or which prevented witnesses for candidates of his statutory duty to investigate election her vote was counted. from observing the various aspects of the re- misconduct. In Holmes County, observers asked to see count appear to have violated provisions of The voting computer company Triad has the spoiled ballot pile, comprised of five bal- Ohio law providing that candidates have the essentially admitted that it engaged in a lots, but the Board denied access, stating right to observe all ballots. course of behavior during the recount in nu- that they were in a sealed envelope that RECOMMENDATIONS merous counties to provide ‘‘cheat sheets’’ to could not be opened. A. Electoral College Challenge those counting the ballots. By insuring that In Licking County, the Board denied ob- We believe there are ample grounds for election boards were in a position to conform servers access to view provisional and absen- challenging the electors from Ohio as being their test recount results with the election tee ballots. unlawfully appointed. night results, Triad’s actions may well have In Mahoning County, the Board denied ob- We say this for several reasons. First, prevented scores of counties from conducting servers access to view rejected absentee bal- there is considerable doubt that all con- a full and fair recount. Triad’s action ap- lots. troversies regarding the appointment of the pears to violate Ohio law prohibiting elec- In Medina County, the Board denied ob- electors were lawfully resolved six days prior tion machinery from being serviced, modi- servers access to view provisional ballot tal- to the meeting of the electors (on December fied, or altered in any way subsequent to an lies, provisional ballots, and the actual ma- 7) in order for the state’s electors to be bind- election, unless it is done so in the presence chines and ballot booklets used. ing on Congress as required by 3 U.S.C. Sec. of the full board of elections and other ob- In Morgan County, 30 of 160 provisional and 5. This is because, among other things, the servers. absentee ballots were not counted, and the Secretary of State appears to have inten- Numerous Ohio laws appear to have been Board denied observers access to view these tionally delayed the initial certification of broken in Greene County, where after ini- ballots. The Board stated that these ballots the electors until December 6, making it im- tially being granted access to poll books to were locked away and would be destroyed 60 possible for the recount (of which he was conduct an audit, election observers had this days after the election. fully aware) to be completed by December 7, access abruptly revoked under the orders of In Stark County, the Board denied an ob- let alone the December 13 meeting of the Secretary Blackwell, and arbitrary and ca- server request to view the provisional bal- electors. pricious practices and counting procedures lots. Second, there are numerous irrefutable in- that disenfranchised hundreds of voters were In Warren County, the Board denied an ob- stances where Ohio election law has been identified. These practices violate Ohio law server request to view provisional and absen- violated by the Secretary of State and others requirements preventing the denial of public tee ballots. The observer has requested that such that the election cannot be said to com- access to election records; requiring that the Board have this decision reviewed by the ply with Ohio law, and the electors cannot be ballots and machinery be kept absolutely se- county prosecutor and the Board is now considered lawfully certified under state law cure; and protecting the right to vote. awaiting the county prosecutor’s decision. within the meaning of 3 U.S.C. Sec. 15. These The Secretary of State’s failure to issue Analysis violations of law are highlighted throughout specific standards appears inconsistent with The Secretary of State’s failure to issue this Report. Ohio state law which charges the secretary specific standards for the recount was a The failure to provide adequate voting ma- of state with ‘‘[issuing] instructions by di- major problem. It appears to have contrib- chinery would appear to violate both Ohio’s rectives and advisories to members of the uted to a lack of uniformity that may very Constitution, that provides all eligible boards [of elections] as to the proper meth- well violate both the Due Process Clause and adults the right to vote, and the Ohio Re- ods of conducting elections’’ and ‘‘[pre- the Equal Protection Clause of the Constitu- vised Code which requires the Boards of Elec- paring] rules and instructions for the con- tion. As the U.S. Supreme Court held in 2000, tions to provide ‘‘for each precinct a polling duct of elections.’’ ‘‘Having once granted the right to vote on place and provide adequate facilities at each There were numerous specific irregular- equal terms, the State may not, by later ar- polling place for conducting the election.’’ ities in the recount that are inconsistent Secretary of State Blackwell’s failure to ini- bitrary and disparate treatment, value one with several aspects of Ohio’s recount law. tiate any investigation into this pivotal ir- person’s vote over that of another.’’ As the Those counties which did not randomly se- regularity notwithstanding his statutory Court articulated in that case, ‘‘It is obvious lect the precinct samples violated the Sec- duty to do so under Ohio Revised Code Sec. that the recount cannot be conducted in retary of State’s directive on this point. 3501.05, represents another likely violation of compliance with the requirements of equal Those counties which did not conduct a full Ohio law. hand court after the 3% hand and machine protection and due process without substan- The ‘‘caging’’ tactics targeting 35,000 new tial additional work. It would require not voters by the Ohio Republican Party for counts violated Ohio’s statutory right to only the adoption (after opportunity for ar- preelection legal challenge were found by have inconsistent results rechecked. Those gument) of adequate statewide standards for three federal courts to be illegal as being po- counties which allowed for irregular mark- determining what is a legal vote, and prac- litically and racially charged, and burdening ing of ballots and which failed to secure and ticable procedures to implement them, but the fundamental right to vote. The tactic store ballots and machinery appear to have also orderly judicial review of any disputed would also appear to violate Ohioans’ right violated provisions of Ohio law mandating matters that might arise.’’ It may also have to vote under the Ohio Constitution. that candidates have the right to ensure that violated Ohio state law which charges the Mr. Blackwell’s decision to prevent news ballots are secure between the election and secretary of state with ‘‘[issuing] instruc- media and exit polls from interviewing Ohio the official recount, that ballots may not be tions by directives and advisories to mem- citizens after they voted was found by a fed- handled by anyone besides Board members bers of the boards [of elections] as to the eral court of appeals to have violated the and their staff, and may not be handled out- proper methods of conducting elections’’ and First Amendment’s guarantee that state side of the presence of the Board and quali- ‘‘[preparing] rules and instructions for the conduct shall not abridge ‘‘freedom . . . of fying witnesses. Finally, those counties conduct of elections.’’ the press’’. His decision also likely violated which prevented witnesses for candidates In terms of the specific irregularities, they Ohio’s Constitution that provides: ‘‘Every from observing the various aspects of the re- would seem to be inconsistent if not in out- citizen may freely speak, write, and publish count violated provisions of Ohio law pro- right violation of several aspects of Ohio’s his sentiments on all subjects, being respon- viding that candidates have the right to ob- recount law. Those counties which did not sible for the abuse of the right; and no law serve all ballots. randomly select the precinct samples ap- shall be passed to restrain or abridge the lib- Whether the cumulative effect of these pears to violate the Secretary of State’s di- erty of speech, or of the press.’’ legal violations would have altered the ac- rective on this point. Those counties which Mr. Blackwell’s decision to prevent those tual outcome is not known at this time. did not conduct a full hand count after the voters who requested absentee ballots, but However, we do know that there are many 3% hand and machine counts did not match did not receive them on a timely basis from serious and intentional violations which vio- is inconsistent with Ohio’s statutory right to being able to vote, was found by a federal late Ohio’s own law, that the Secretary of have inconsistent results rechecked. Those court to violate HAVA. This restrictive di- State has done everything in his power to counties that allowed for irregular marking rective also likely violated Article 5, Section avoid accounting for such violations, and it of ballots and which failed to secure and 1 of the Ohio Constitution, granting every is incumbent on Congress to protect the in- store ballots and machinery appear to have Ohio citizen the right to vote if he or she is tegrity of its own laws by recognizing the se- violated provisions of Ohio law mandating otherwise qualified. riousness of these legal violations.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 218 CONGRESSIONAL RECORD—HOUSE January 6, 2005 B. Need for Further Congressional Hearings Restrictions on the use of government- ased top election official who openly became It is also clear the U.S. Congress needs to granted power for political or personal gain. a partisan advocate for his party’s Presidential conduct additional and more vigorous hear- Congress should investigate the need for re- nominee. ings into the irregularities in the Ohio presi- stricting the ability of state contractors and The Ohio Secretary of State has refused to dential election and around the country. public officials involved in the administra- assist us in the search for the truth. He has While we have conducted our own Demo- tion of elections to participate in campaign cratic hearings and investigation, we have activities. shown no interest in determining whether the been handicapped by the fact that key par- C. Legislation glitches were the result of mistakes, neg- ticipants in the election, such as Secretary ligence, or intentional misconduct. Our investigation has made it abundantly Numerous voters have reported that when of State Blackwell, have refused to cooper- clear that Congress and the States must re- ate in our hearings or respond to Mr. Con- form the election laws to address the many they attempted to cast a vote for Kerry- yers questions. While GAO officials are pre- inequities that have come to light. At the Edwards, the electronic voting machine reg- pared to move forward with a wide ranging very least, we must— istered the vote as a ballot for Bush-Cheney. analysis of systemic problems in the 2004 Develop a fair and uniform system of proc- While it is difficult to quantify the number of elections, they are not planning to conduct essing provisional ballots, including training votes that were altered or affected by the the kind of specific investigation needed to of poll workers and counting votes. irregularities that have been reported, a single get to the bottom of the range of problems Ensure that every voting machine has a vote not counted, as it was intended . . . is a evident in Ohio. As a result, it appears that verifiable audit trail, guidelines for which the only means of obtaining his cooperation could be established by the Election Assist- discredit to our democracy. I am not sug- in any congressional investigation is under ance Commission. gesting that these irregularities changed the the threat of subpoena, which only the Ma- Consider an Amendment to the Constitu- outcome of the election. But I am insisting that jority may require. tion of the United States to reaffirm the we act to ensure that the sacred right of every Given the seriousness of the irregularities right to vote. voter, to have his or her vote counted, as the we have uncovered, and the importance of Facilitate voter turnout through the es- voter intended, is protected by adopting a uni- the federal elections, we recommend that the tablishment of a national election day holi- form Federal standard. House and Senate form a joint, select com- day, the expansion of early voting, and the In order to protect the voting rights of the mittee to investigate the full gamut of irreg- re-enfranchisement of former felons. ularities across the board. Ensure full enforcement by the Justice De- citizens of Ohio, and to be true to the oath Among the issues which require further at- partment of anti-voter intimidation laws, in- that we all swore to earlier this week, it is our tention at Congressional hearings are the cluding prohibitions on voter suppression responsibility as Members of Congress to re- following: and caging. view the serious irregularities that occurred in The misallocation of voting machines. Establish national standards for voter reg- Ohio to ensure that this significant disenfran- Congress should examine the extent to which istration, polling place opening hours, and chisement of voters never happens again. It is the lack of machines in certain areas led to ballot recounts. imperative that we give voters complete con- unprecedented long lines that disenfran- Establish an explicit private right of ac- chised predominantly minority and Demo- tion for voter rights in the Help America fidence that their votes will be accurately cratic voters. Vote Act. counted by reforming our election laws to ad- The decisions to restrict provisional bal- Ensure that state and local election offi- dress all of the irregularities that have come to lots to actual precincts and to deny them to cials involved in the administration of elec- light. I encourage my colleagues to join me in voters who did not receive absentee ballots. tions do not use their offices for political preserving our democracy. Congress should examine the extent to which gain. Mr. CONYERS. Members of the the decisions departed from past Ohio law on Ensure enough accessible voting machines House, we are here today not as par- provisional ballots, how many voters were and poll workers are available at all pre- tisans for one Presidential candidate or impacted, and whether a broader construc- cincts such that waiting times are reason- another, but because we want to do our tion would have led to any significant dis- able, including in lower-income and minority ruption at polling places. communities. duty under the Constitution to protect The use of partisan, pre-election ‘‘caging’’ Consistent with the First Amendment, re- our democracy. We are here because of tactics. Congress should examine to what ex- strict state contractors from participating in the inner-city voter in Franklin Coun- tent caging is used and to what degree mi- campaign activities. ty who waited 10 hours in the pouring nority voters were targeted for intimidation Develop and fund public campaigns to edu- rain while suburban voters in the same and suppression. cate voters on voting rights, anti-voter in- county had no wait because election of- The use of voter suppression and intimida- timidation laws, etc. ficials decided to reallocate voting ma- tion tactics. Congress should investigate re- Fully fund the Help America Vote Act. ports of intimidation and misinformation in Clarify that provisional ballots are avail- chines from Columbus to the suburbs. violation of the Voting Rights Act, the Civil able to all citizens who request them, as long We are here because of the Hispanic Rights Act of 1968, Equal Protection, Due as they are in the appropriate County. voter in Hamilton County who also Process and the Ohio right to vote. We recommend that House and Senate stood in line for hours, but was di- The use of partisan challengers. Congress Members join together in reforming these rected to the wrong voting table and should examine whether the use of such chal- laws and preserving our democracy. had his ballot thrown out because of a lengers is disruptive and intimidating to vot- Mr. Speaker, I yield to the gentleman decision by the Secretary of State of ers. Further, Congress should investigate from Missouri (Mr. CLAY) for the pur- Ohio to throw out ballots cast at the whether the precinct judges, which are re- pose of making a unanimous consent quired by law, are sufficient to regulate vot- right polling place but the wrong pre- ing practices. request. cinct. Voter purging and other registration er- Mr. CLAY. Mr. Speaker, I thank the We are here because of the elderly rors. Congress should look at what methods gentleman from Michigan for yielding. voter in Lucas County who requested of voter purging are used and whether they Honorable colleagues, the numerous irreg- an absentee ballot that never showed target minority groups. ularities that occurred with the electronic vot- up and was refused a provisional ballot The prevalence of undervotes, in which bal- ing machines in Ohio on November 2 of last because of another partisan decision by lots are cast but lack votes for president. year point to an unresolved national crisis: the Secretary of State of Ohio. We are Congress should further investigate whether The lack of a unified standard for all voters undervotes are principally caused by punch- here because of the new voter in Dela- cards and what reforms can be made to pre- and all ballots cast in a Federal election. Con- ware County whose registration form vent them. gress must establish this standard, with a was thrown out because it did not meet The need for greater accountability in bal- verifiable paper or audit trail. It is the only way the paper weight requirements set lot counting. Congress should examine to ensure the integrity of the Federal election forth by the Secretary of State. We are whether an audit capability for voting ma- process. here because of the African American chines would enhance the ability to verify Reports of voter intimidation, inadequate voter in Summit County who was tar- voter choices. and malfunctioning voting machines, incom- geted with an unlawful voter challenge The lack of national standards for issuing provisional ballots and conducting recounts. petent election judges, and lines at polling because of her race and because she re- Congress should examine areas in which na- places in urban areas that lasted for many fused to answer a certified letter from tional standards would promote the guaran- hours were widespread. the chairman of the Republican Party. teed right to vote and would ensure that These irregularities were compounded by Most of all we are here because not a every vote counts. the irresponsible conduct of the allegedly unbi- single election official in Ohio has

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 219 given us any explanation for the mas- The thing we should never fear in Congress the election on Election Day. In fact, I sive and widespread irregularity in the is a debate, and the thing we should never think they are all saying we did ex- State. No explanation for the machines fear in a democracy is the voters. I hope that actly what we should have done on in Mahoning County that recorded today we have a fair debate and 4 years from Election Day: We tested the equip- Kerry votes for Bush. No explanation now, we have an election all our citizens can ment; we verified the ballots; we count- of improper purging in Cuyahoga Coun- be proud of. ed, as we should, with bipartisan teams ty. No explanation for the lockdown in Mr. Speaker, I am proud to yield the there to do that; and we have certified Warren County. No explanation for the balance of my time to the distin- these results. 99 percent turnout in Miami County. guished gentleman from Vermont (Mr. If we were taking this important No explanation for machine tampering SANDERS). time today to talk about a difference of in Hocking County. Mr. SANDERS. Mr. Speaker, I thank 118 votes, that might be justifiable in Read on our Web page 101 pages of the distinguished gentleman from my mind. To take this time on this day great staff work that takes this out of Michigan for yielding. to challenge all of those Democrats and semantics, of partisanship; and I appeal I agree with JOHN KERRY. I think Republicans who gave of themselves to every Member of this body to sus- George W. Bush won Ohio. But I agree and their time to make this process tain this objection. with millions of American citizens that work in Ohio and in Missouri and ev- We are here today, not as partisans for one no American should have to wait 4 erywhere else where people voted the Presidential candidate or another, but because hours to cast a vote. I agree with tens November Election Day with a dif- we want to do our duty under the Constitution of millions of Americans who are very ference in this State of 118,000 seems to to protect our democracy. worried that when they cast a ballot on me to be the wrong time, the wrong We are here because of the inner city voter an electronic voting machine that place, and maybe even the wrong job in Franklin County, who waited 10 hours in the there is no paper trail to record that for the Federal Government. These are pouring rain, while suburban voters in the vote in the event of a recount. great discussions to have in Ohio. That same county had no wait because election of- What today is about is to demand is where they are ultimately going to ficials decided to reallocate voting machines that the Federal Government begin to solve the problem of how they conduct from Columbus to the suburbs. move forward, to guarantee that every elections in Ohio, and this apparently We are here because of the Hispanic voter voter in America feels secure and con- is more about that than anything in Hamilton County who was directed to the fident that all of the votes cast in this about the result. The purpose of our work here today wrong voting table, and had their ballot thrown country are counted accurately and is to certify the result unquestioned by out because of a decision by the Secretary of that all of our voters are treated with the country, unquestioned by the State to throw out ballots cast at the right poll- respect and dignity. That is what de- Democratic nominee, unquestioned by ing place but the wrong precinct. mocracy is about and that is what we anybody involved in this process who We are here because of the elderly voter in are fighting for. Lucas County who requested an absentee bal- certified the election, our job today b 1345 was to count the electoral votes, get on lot that never showed up and was refused a with our business of doing the work provisional ballot because of another partisan Mr. BLUNT. Mr. Speaker, I rise to that can only be done here in this city decision by the Secretary of State. address the House for 5 minutes. by the Federal Government to move We are here because of the new voter in The SPEAKER. The gentleman from the country in a new and positive and Delaware County, whose registration form was Missouri is recognized for 5 minutes. better direction. We need to continue thrown out because it did not meet the paper Mr. BLUNT. Mr. Speaker, as I lis- to do that. We need to be committed to weight requirements of the same Secretary of tened to the gentleman from Vermont that. We also need to understand that State. make his remarks, I assume that every time we attack the process, we We are here because of the African Amer- means that he will be voting with me cast that doubt on that fabric of de- ican voter in Summit County, who was tar- to accept the results from Ohio since mocracy that is so important. geted with an unlawful voting challenge be- he agrees that the President won. That has just been verified for me. So the People do have to have, as I believe cause of her race and because she refused to the gentleman from Michigan (Mr. answer a certified letter from the chairman of whole purpose of this discussion, at CONYERS) said, confidence that the least from that perspective of under- the Republican Party. process works in a proper way. They do standing that there are still challenges Most of all we are here because not a sin- not need to believe that it is absolutely in our election system in the country, gle election official in Ohio has given us any perfect because, after all, it is the should be handled at a different time. explanation for the massive and widespread greatest democracy in the history of But let us talk about what we are irregularities in that State: No explanation for the world and it is run by people who doing here today. First of all, every the machines in Mahoning County that re- step forward and make a system work Member of this body was elected to corded Kerry votes for Bush—No explanation in ways that nobody would believe this body. It distinguishes us from al- for the improper purging in Cuyahoga Coun- until they see it to produce the result ty—No explanation for the lock down in War- most any other institution, certainly of what people want to have happen on ren County—No explanation for the 99 percent in the Federal Government and in Election Day. voter turnout in Miami County—No explanation many other institutions. We also were This was not a closely decided elec- for the machine tampering in Hocking County. all elected under the same rules and tion. The President’s margin is signifi- The debate we have today will not change regulations that we are discussing cant. No President elected since 1988 the outcome of November’s election. We know today. I do not know that we help the has had a majority of the vote, let that. But out of today’s debate, I hope this process by casting doubt on what all of alone a 3 percentage point majority of Congress will respond to our challenge: those people that work in elections all the vote with a direction clearly to A challenge to hold true bipartisan hearings over America do. I know in Missouri move the country forward. to get to the bottom of what went wrong in when I was the chief election official We need to get on with our job. We Ohio and around the Nation on election day. for 8 years and an election official for need to honor the election process by A challenge to show the same concern 20 years that no Republican did any- working in the proper time and the about voter disenfranchisement in this country thing on Election Day by themselves. I proper way at the proper place to make that we show in Afghanistan, and the Ukraine, think it is the same in Ohio. Every sin- it better, but not to suggest that be- and Iraq. gle thing that is done is done by a Re- cause there were problems that some- A challenge to enact real election reform; publican. It is also done at the same how those problems affected a result in that gives all citizens the right to a provisional time by a Democrat. I do not think the ways that every one of us knows is not ballot; that gives all voters a verifiable paper people that stepped forward to accept the case. trail; and that bans election officials from serv- that significant public responsibility Mr. Speaker, I yield to the gentleman ing as campaign chairs. are saying there was a problem with from Florida (Mr. KELLER).

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 220 CONGRESSIONAL RECORD—HOUSE January 6, 2005 Mr. KELLER. Mr. Speaker, I thank aren’t loaded down.’’ He further asked the For me this is not about whether the gentleman for yielding me this German people, ‘‘Should such an ignorant George Bush won or lost the last elec- time. people (as Americans) lead the world? . . . tion. I am planning to vote to certify. Mr. Speaker, there is a wise saying Don’t go the American way when it comes to I will tell the Members that. But there we have used in Florida over the past 4 economics, jobs and services . . . it is the is nothing more basic than the right to years that the other side would be wise wrong way.’’ vote, and if we pretend that this is friv- to learn: ‘‘Get over it.’’ Regarding those who are now killing Ameri- olous, then we are not going to move Is it not ironic that the very people cans in Iraq, he said, ‘‘The Iraqis who have forward and do anything in response to who refuse to move on are the people risen up against the occupation are not insur- what is going on. from Moveon.org and their hero Mi- gents or terrorists or the enemy. They are the Two days ago we took an oath of of- chael Moore? revolution, the minutemen and their numbers fice to uphold and defend the Constitu- There’s a wise saying we’ve used quite a bit will grow—and they will win.’’ tion, that at least three amendments in Florida over the past 4 years that the other How many normal people in this country in the Constitution which guarantee side would do well to learn—Get over it. Isn’t really believe that a terrorist like Al-Zarqawi, equal access to the ballot, and yet we it ironic that the only people who refuse to who chops off the heads of Americans over in are saying that people who did not get ‘‘move on’’, are the people from ‘‘move Iraq, is on the same level as Paul Revere, the an opportunity to vote, who did not on.org’’, and their hero Michael Moore? folk hero of the American Revolution? have equal access to the vote, are rais- My colleagues across the aisle have two Here’s some straight talk. In 2000, they ing frivolous issues? Come on, give me sides to choose from, the JOHN KERRY side didn’t like the way the votes were counted in a break. We should not be about deny- that acknowledges the election is over and Florida. Now, they don’t like the way the votes ing or abridging that right, and I stand President Bush has won. Or the Michael are counted in Ohio. In the blue States, they here in full support of it. We have got Moore side that defines ‘‘democracy’’ as call it a recount. In the red States, we call it to improve the Help America Vote Act. Democrats going to the polls, and ‘‘con- what it is: sour grapes. We took the first step 2 years ago. We spiracy’’ as Republicans going to the polls. Mr. Speaker, President Bush has clearly have got to take additional steps to The election is over and the results couldn’t won the electoral vote and the popular vote. make sure that every single person be clearer. We know that President Bush won Certifying these electoral votes is the only who seeks the right to vote is given the electoral vote by 286 to 252. We know course for us to follow. Why allow the con- that right. spiracy theorists to undermine the public con- that President Bush won the popular vote by Mr. Speaker, I yield the balance of fidence in the electoral system itself? Let us 3.3 million votes. We know that President my time to the gentlewoman from vote down the objection, certify the electoral Bush won Ohio by more than 118,000 votes, California (Mrs. NAPOLITANO). college results, and prepare to celebrate the Mrs. NAPOLITANO. Mr. Speaker, I an overwhelmingly comfortable margin. We happy day of January 20, 2005 when Presi- stand today with my colleagues in the know that in every area of Ohio, bipartisan dent George W. Bush is once again sworn in Congressional Black Caucus as they af- county boards have verified and vouched for as the President of the United States. firm their commitment to ensuring the the integrity of the Ohio election results. Mr. WATT. Mr. Speaker, I rise to ad- vote of every American is counted, Why are we here wasting time on silly Holly- dress the House. something I hope everybody in this wood inspired conspiracy theories? The SPEAKER. The gentleman from body supports. Well, since Hollywood likes conspiracies so North Carolina is recognized for 5 min- As Chair of the Congressional His- much, here’s a real one. On June 23, 2004, utes. panic Caucus, I am proud to be a voice the Michael Moore movie ‘‘Fahrenheit 911’’ Mr. WATT. Mr. Speaker, there is for this long proud history of Hispanics premiered in Washington, DC. According to nothing more basic to democracy than in this Nation. Since the earliest days U.S. News and World Report, New York assuring that everyone who wants to of this country, Latinos too have died Times, and National Journal, one of the few vote is provided that opportunity and and fought for the ideals that our Na- Senators who attended this premier was Sen- that each person’s vote is counted in tion was founded upon, but unfortu- ator BARBARA BOXER. In this movie, Mr. Moore the result. nately we know that many in our said it was shameful that not one U.S. Senator In the last two election cycles, our Latino community feel disenfranchised objected to the electoral vote count in Florida. country, which has held itself out as from our political process. Our democ- Two days ago, on January 4, 2005, the same the world’s model of an example of true racy depends on full participation of Michael Moore published a new letter to Sen- democracy has fallen woefully short of all our citizenry and a deep and abiding ator BOXER and other Senators reminding meriting that title. The United States faith in our electoral system. them that they didn’t object to the electoral cannot continue to claim that it stands For the sake of this country, I ask vote count 4 years ago, and requested that for and is willing to fight for democ- Congress to do all they can to commit they rise and object to the vote count from racy and the rights of people to vote in themselves to ensuring that our elec- Ohio today. Today, in fact, Senator BARBARA Afghanistan, Iraq, and other places tions are not clouded in question and BOXER just objected to the Ohio vote count. around the world while not being will- that we can truly proclaim ourselves a Is this all merely a coincidence? Is this pan- ing to do whatever is necessary to model for the rest of the world. dering to the Michael Moore wing of the guarantee the vote of all of our citizens Mr. NEY. Mr. Speaker, I ask to be Democratic Party? Is it worth wasting 2 hours here at home. Equal access, conven- recognized for 5 minutes. of Congress’ time? The only bigger waste of ience of voting, quality of voting ma- The SPEAKER. The gentleman from 2 hours would be to go see ‘‘Fahrenheit 911.’’ chines, and other means to assure de- Ohio is recognized for 5 minutes. Do the people in the Michael Moore wing of mocracy must not be a function of eco- Mr. NEY. Mr. Speaker, this is a sad the Democrat Party really think that the Amer- nomic status, race, where citizens live, day. It saddens me that we have to be ican people and their congressional represent- or any other variable. We must do here today debating this issue. Politics atives, are so stupid that they could be tricked whatever is necessary to assure equal- in America can be bitter. Campaigns into objecting to these electoral results? Well, ity in voting rights, opportunity and can divide people and breed resent- the answer is ‘‘yes.’’ access for all our citizens, and if our ment. That is a given. It also used to Michael Moore told a British newspaper democracy is to be protected, the eyes be a given that once a campaign was ‘‘Americans are possibly the dumbest people of the world will be watching to see over the winner claimed victory, the on the planet . . . We Americans suffer from how we respond to this, not treat it as loser accepted defeat, everybody else an enforced ignorance. We don’t know about frivolous when people are not allowed went on with their lives, and the coun- anything that’s happening outside our country. to vote. try moved forward. Now, unfortu- Our stupidity is embarrassing.’’ That is why I applaud the gentle- nately, it seems the bitterness and In Germany, Mr. Moore told the German woman from Ohio (Mrs. JONES) for her resentments do not end with the cam- people ‘‘You can see us (Americans) coming leadership and for allowing this body paign. Instead, the divisions are stoked down the street . . . We’ve got that big grin to have a discussion about the basic by individuals who simply do not like on our face all the time because our brains right to vote in America. the results.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 221 The curious thing about this chal- I could go on, Mr. Speaker, but basi- This is not, as some of our Republican lenge today is that it is taking place in cally what is the point? Those who be- colleagues have referred to it, sadly, spite of the fact that the losing can- lieve this election was stolen will al- frivolous. This debate is fundamental didate has admitted defeat. I have to ways believe it. No amount of facts or to our democracy. applaud JOHN KERRY for the gracious evidence will them otherwise. The representatives of the American and magnanimous speech that he made The bottom line is those bringing this people in this House are standing up the day after the election where he ac- challenge today simply cannot accept for three fundamental American be- knowledged he had been beaten. He the fact that George Bush has been liefs: that the right to vote is sacred; also called for unity. I wish those elected President of the United States. that a Representative has a duty to bringing this challenge had heeded his It is too painful for them. represent his or her constituents; and call. We must always be seeking ways to that the is the hallmark of I know there are some problems obvi- improve the process. We announced our Nation. ously with this election. They are not weeks ago we are going to have bipar- Under the rule of law, today this frivolous. These problems were not tisan hearings to look at these issues, House will accept the election of Presi- unique, however, or confined to Ohio. and they are not frivolous. They are dent Bush and Vice President CHENEY Nor were they limited just to Demo- important issues. But it would not as President and Vice President of the cratic voters. There is no such thing as have changed the outcome of the elec- United States. There is absolutely no a perfect election. There has not been. tion. question about that. This is not in any There never will be a perfect election. Mr. Speaker, it does not elevate way about rejecting that outcome. So, The question, then, is not whether or those who are bringing this challenge. please, let us be respectful of each not mistakes were made. Of course It does not elevate our House. It does other and understand what it is about. they were. The question is did those not elevate the debate. It debases all of mistakes affect the outcome of this us, and it merits a sad day in the his- Today’s electoral challenge is not in- election? The answer is no. No serious tory of this Nation. tended to overturn the results of the person, no objective observer, could Mr. Speaker, I yield the balance of election. It is instead to discuss the claim that they did today. my time to the gentleman from Ohio real problems with our electoral sys- tem and the failings of the process in Now let us talk a little bit about the (Mr. LATOURETTE). Ohio and elsewhere. It is about election so-called evidence that has been pre- Mr. LATOURETTE. Mr. Speaker, I sented about what happened in Ohio. thank the gentleman from Ohio for reform, not about the election result. Much has been made about the long yielding me this time. The Members of Congress who have waits for voters in some precincts. The Most of our colleagues may not know brought this challenge are speaking up distribution of voting machines in the that we not only had an election in for their aggrieved constituents, many State has been criticized, the claim Ohio but we had a recount that was of whom may have been disenfran- being that minority precincts did not funded by two third-party candidates chised in this process. This is their have enough machines while white or that got less than 1 percent of the vote, only opportunity to have this debate suburban precincts had too many. Ken and knowing this was going to happen while the country is listening, and it is Blackwell, our Secretary of State, has today, I called my boards of election appropriate to do so. If there were been a frequent target and basically back home to see how that recount other venues of this caliber, we would blamed for everything. But, in fact, went. have taken that opportunity. But this elections in Ohio are run by and large is the opportunity. We have a responsi- b 1400 by the county election boards. If my bility to take advantage of it. colleagues are not familiar, these bi- In Ashtabula County after the re- The right to vote is the foundation of partisan boards consist of four mem- count, each candidate picked up one our democracy. A discussion of that bers, two Democrats, two Republicans. vote. foundation, again, should not be con- Decisions about how many machines to In Geauga County there was a net sidered frivolous. gain of two votes for President Bush, have in each precinct are made by As the Supreme Court noted: ‘‘No and the 72 provisional ballots that were those boards, not by the Secretary of right is more precious in a free country not allowed were not allowed because State. It is possible they could have than that of having a voice in the elec- the people did not live and were not miscalculated or underestimated. tion of those who make the laws under registered in the State of Ohio. In Lake In a recent article that appeared in which as good citizens we must live. County, not one ballot changed from the Columbus Dispatch, and this is im- Other rights, even the most basic, are November 2, and all of the 201 provi- portant, Franklin County Board of illusory if the right to vote is under- sional ballots tossed were tossed be- Elections Chairman William A. An- mined.’’ thony, Jr. said long lines were not cause the people were not registered in caused by the allocation of machines, a the State of Ohio. I repeat: ‘‘Other rights, even the process controlled by a Democrat su- In Summit County, there was a four- most basic, are illusory if the right to vote is undermined.’’ pervisor, he added, but by the high vote swing for Senator KERRY. voter turnout, the overall lack of vot- In Cuyahoga County, the county that The principle of one person-one vote ing machines, and a ballot that in- I am lucky enough, home of the City of is sacred in our country, and we must cluded more than 100 choices for vot- Cleveland, to share with the objector do everything to uphold it. Yet more ers. and the gentleman from Ohio (Mr. than 225 years since our founding, For those thinking Mr. Anthony BROWN) and the gentleman from Ohio there are still legitimate concerns over must be a part of this conspiracy, I (Mr. KUCINICH), the net swing was 23 the integrity of our elections and of en- would point out that in addition to his votes for JOHN KERRY. suring the principle of one person-one position on the elections board, Mr. On this day, we should be praising vote, that every person has access to Anthony serves as chairman of the the dedication and hard work of our voting and that every vote will be Franklin County Democrat Party. He election officials and not castigating counted. said that he is offended by accusations them. Twenty years ago, I was chair of the from a band of conspiracy theorists. He Ms. PELOSI. Mr. Speaker, I ask to California Democratic Party. It was further added, ‘‘I am a black man. Why address the House for 5 minutes. our function, it was our purpose to re- would I sit here and disenfranchise vot- The SPEAKER. The gentlewoman move obstacles of participation to vot- ers in my own community? I feel like from California is recognized for 5 min- ing. The greater responsibility, of they’re accusing me of suppressing the utes. course, was with the Secretary of State black vote. I’ve fought my whole life Ms. PELOSI. Mr. Speaker, today we in our State and in States across the for people’s rights to vote.’’ are witnessing democracy at work. country who controlled the elections in

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 222 CONGRESSIONAL RECORD—HOUSE January 6, 2005 the State. But we all, in all of our ca- make the needed reforms and improve- Thirty years later, another contest pacities, had a responsibility to re- ments. Our very democracy depends whose results have been firmly decided move, not throw up, obstacles to par- again on the confidence of the Amer- is being waged not on some remote is- ticipation. ican people and the integrity of our land, but in the halls of the United I know that this issue is not just electoral system. States Congress. about counting votes, but what hap- So, Mr. Speaker, I say to my col- It is a sad day. pens in all three phases, before, during leagues, please do not talk about this Mr. Speaker, President Bush won and after the election; and in all three as a ‘‘conspiracy theory.’’ It is not more votes than any candidate in phases, there were problems in this about that. It is not about conspiracy; America’s history. His opponent con- election in Ohio and elsewhere. it is about the Constitution of the ceded that victory long ago. The Ohio Before the election, there were com- United States. George Bush and DICK results have been certified, and one of plaints about absentee ballots that CHENEY are the elected President and that State’s newspapers, the Dayton were requested, but did not arrive. Vice President of the United States, Daily News, reported last month that There were reports of registration and I think the objection will be over- those advancing the wild-eyed con- problems and of improper purging of ruled today in that regard. It has never spiracy theories surrounding Ohio’s the voting rolls. The Ohio Secretary of been about that. It has always been electorate votes are ‘‘speaking non- State made decisions about provisional about the fundamental principle of the sense.’’ ballots, partisan poll watchers and legitimacy of our electoral process. Mr. Speaker, it is amazing to me that paper requirements for registration Congress will resolve this dispute my colleagues on the other side of the forms that some found questionable, today, and we will all abide by the re- aisle cannot accept the words of their leading to widespread confusion and sults because we are a Nation of laws. very own candidate who said, ‘‘We can- possible disenfranchisement. America is a beacon of democracy to not win this election.’’ During the election we know that the world. We must never forget the The American people have spoken. I there were not enough voting machines power of our own example to those who urge my colleagues on the other side of in poorer and minority areas. This is a aspire to freedom throughout the the aisle to open their ears and hear fact. Yet there were sufficient ma- world. their voices; to join us in facing the chines in wealthier areas. This led to So let us respect this debate today challenges of the future rather than appallingly long waiting times of up to for what it is, about ensuring the foun- trying to change the past. 10 hours in certain places. You can dation of our very own democracy, and President Bush has been duly elected deny it all you want, but it is a matter by sending a message to the world that by the people of this great country, and of public record that this is a fact, and we are truly, truly protective of our it is time for those who refuse to ac- this is wrong. Constitution and that we honor the cept the American people’s decision, if There were credible reports of voter oath of office that we take to protect you will pardon the expression, to suppression on election day through in- and defend the Constitution. move on. timidation and misinformation and the Mr. Speaker, I urge my colleagues all Mr. Speaker, I yield the balance of patchwork use of provisional ballots to join together in a bipartisan way for my time to the gentleman from Ohio led to unequal treatment under the electoral reform to follow on the good (Mr. REGULA). law; unequal treatment under the law, work that I mentioned of the gen- Mr. REGULA. Mr. Speaker, I thank undermining the principles of one per- tleman from Ohio (Mr. NEY) earlier and the gentleman for yielding me time. son-one vote and equal protection. the gentleman from Maryland (Mr. Mr. Speaker, the Ohio recount re- As for after the election, the Amer- HOYER) and to make sure that 4 years quested by the other party, has been ican people must have every confidence from now we will come together not completed and has been verified. In that every vote legally cast will be le- having to have this kind of debate, but every area of Ohio, bipartisan county gally counted and accurately counted. that today’s debate will serve the pur- boards have verified the integrity of But constantly shifting vote tallies in pose that it is intended to have for our these election results. This is the true Ohio and malfunctioning electronic country. message to the world: our system machines which may not have paper re- Mr. REYNOLDS. Mr. Speaker, I ask works with integrity. ceipts have led to additional loss of to address the House for 5 minutes. We keep hearing that Ohio’s vote was confidence by the public. The SPEAKER. The gentleman from rigged in some way. But this is not As elected officials, we have a solemn New York is recognized for 5 minutes. plausible when you have a system of 88 responsibility to improve our election Mr. REYNOLDS. Mr. Speaker, I am separate bipartisan county election system and its administration. We can- glad that the Democratic leader men- boards. In Ohio, our boards take great not be here again 4 years from now dis- tioned the bipartisan support led by pride in their administration of the cussing the failings of the 2008 election. the gentleman from Ohio (Mr. NEY) and election laws. We must work with the Elections As- the gentleman from (Mr. HOYER). The I urge the Congress to accept the sistance Commission to further reform committee on which I sit, the Com- votes cast today by the State of Ohio the election process, and we must pass mittee on House Administration, did for President Bush. legislation to improve the Help Amer- bipartisan work on the Help America Mr. BROWN of Ohio. Mr. Speaker, I ica Vote Act, including universal Vote Act of 2002, and it took a step in ask to address the House for 5 minutes. standards for provisional ballot and the right direction. The SPEAKER. The gentleman from strong verification measures and paper For the record, the chairman has also Ohio is recognized for 5 minutes. trails. scheduled hearings to evaluate where Mr. BROWN of Ohio. Mr. Speaker, I I want to commend the gentleman we are and where we are going in the do not question the outcome of this from Ohio (Mr. NEY), the distinguish future so we can work in a bipartisan election. However, I do know that I chairman of the Committee on House fashion on the Help America Vote Act stood in line for hours with voters try- Administration, for his leadership in and its future considerations. ing to cast ballots, and since election helping to pass the HAVA Act, which is Mr. Speaker, in 1974, Captain Hiroo day I have heard from dozens of voters, really where we are pinning our hopes, Onada formally surrendered to the U.S. Democrats and Republicans, who lost and to the gentleman from Maryland military forces. What made his sur- their right to vote on November 2 in (Mr. HOYER), who served in that capac- render particularly unique is Captain my State of Ohio. ity with the gentleman, and now in the Onada, who had already been declared For 8 years in the 1980s I served as Senate others, a broader array of peo- legally dead for 15 years, was a member Ohio’s elected Secretary of State. Dur- ple who are weighing in on that. of the Imperial Army, still fighting a ing my term in office, we held and my Congress must seize the opportunity war whose outcome had been decided 29 office conducted two Presidential elec- this year to reauthorize the act and to years earlier. tions, two gubernatorial elections, and

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 223 dozens of primary and special elec- equipment that his own reports showed come of voting in the State of Ohio. tions. to be flawed. Federal dollars that this Despite that fact, speaker after speak- The role of the Ohio Secretary of Congress appropriated to help mod- er on the minority side, including the State serves two main functions: to en- ernize elections became stuck in Ohio leader from California, has said they sure everyone is confident that his or between the Secretary of State’s office accept the verdict of the election. Do her vote will be counted and to encour- and local boards of elections who were not misunderstand, I say to my col- age everyone to exercise that right to often in deep disagreement as to which leagues. This is a vitally important vote. Our Secretary of State this year machine standards were trustworthy. point. failed on both counts. I speak from ex- Just prior to election, Secretary The problem we confront with this perience when I say the 2004 Presi- Blackwell continued to frustrate the debate is that it serves to plant the in- dential election in Ohio was riddled enfranchisement of Ohioans with ac- sidious seeds of doubt in the electoral with unnecessary problems. tions ranging from specifying paper process. All the talk of election reform, b 1415 weight standards for voter registration all the talk of hearings that the leader forms that even his own office could championed, all the process com- I visited four precincts in Oberlin, not meet, and then fighting the avail- plaints, some that are inaccurate that Ohio, outside of my district where I ability of provisional ballots right up have come from the other side, are stood in line with voters, some of points to be debated in the regular whom waited up to 6 hours to vote. I until 3 p.m. on Election Day. In fact, visited Hispanic and white working- people who had requested absentee bal- business of this House. Yes, they are class precincts, and I saw long lines ev- lots and had not received them were important. But to disrupt the Electoral erywhere I went. I received panicked denied provisional ballots until a Fed- College, to say in effect, hey, we just calls throughout the day from voters eral court ruling that was issued at 3 want to shine light on this problem, is whose polling places had broken ma- p.m. on Election Day, after who knows not the proper use of the people’s time. chines and were being denied the right how many Ohioans were denied ballots And with all due respect, I question not to vote. In the days leading up to the that they were prepared to cast for the the intent; but the net effect is this: election, I witnessed reports through- candidates of their choice. again, it is to place doubt and to insti- out my district in northeastern Ohio of No one can change the outcome of tutionalize forever the notion of grum- voters who had been told their voter this election; but believe me, hundreds bling and a lack of acceptance of the registration could be invalid and that of thousands of Ohioans do have ques- verdict of the people. In less elevated despite their efforts to register, they tions about the way that this election terms, Mr. Speaker, it is called sour were not on the voting rolls. In far too was handled in Ohio, in a State in grapes; and it is sad to see in this many cases, their votes were not al- which the winning margin was only House. lowed. 118,000 votes. Implementing the actual Mr. Speaker, I would be remiss if I Ohio voters should never again be intent of HAVA and amending it where did not point out that this view is not forced to wait 3, 5, sometimes even 10 necessary deserve the full investiga- shared universally, despite the kind hours to cast a vote. Ohioans should tion of this 109th Congress, and it words for the Member who brought this never again, as too many people did ought to be our first order of business. from her friends on that side of the this November, lose their right to vote. I commend the gentlewoman from aisle. Listen to the comments from But it is not just about Ohio; it is not Ohio (Mrs. JONES) of Cleveland who ex- Kerry campaign spokesman David just about who won and who did not. It perienced these abuses in her area for Wade: ‘‘I’d give my right arm for Inter- is about our system of democracy. Mr. bringing this to national attention. We net rumors of a stolen election to be Speaker, I am saddened that no Repub- are very proud of her. We are very true, but blogging doesn’t make it so. licans in this body are joining us today proud of the Members who have chosen We can change the future; we can’t re- in acknowledging problems in Ohio and to join her. I would ask my Republican write the past.’’ in working with us to fix those prob- colleagues, starting with the Com- Or Kerry spokesman Joe Lockhart on lems because, Mr. Speaker, defending mittee on House Administration, to Election Day: ‘‘We think the system the right to vote should be a concern join us in this effort to make HAVA has worked today. There were thou- for Republicans and Democrats alike. really work as we approach the elec- sands of lawyers deployed to make sure Mr. Speaker, I yield to the gentle- tions of 2006. that no one tried to take advantage or woman from Ohio (Ms. KAPTUR). Ms. BROWN of Ohio. Mr. Speaker, I unfair advantage and, by and large, it Ms. KAPTUR. Mr. Speaker, Ohio yield back the balance of my time. has worked. I’ve seen very few reports symbolizes that the Help America Vote Mr. HAYWORTH. Mr. Speaker, I seek of irregularities, and even the ones we Act fell short of the lofty goals set by to be recognized for 5 minutes. have seen, after a little investigation, this Congress. Ohio’s Secretary of The SPEAKER. The Chair recognizes you find there is not much going on.’’ State, Kenneth Blackwell, a Repub- the gentleman from Arizona (Mr. And it bears repeating, even though lican, in a State in which all statewide HAYWORTH) for 5 minutes. he has spoken earlier today in Baghdad offices are controlled by Republicans Mr. HAYWORTH. Mr. Speaker, this and made some comments I vocifer- and, in our State legislature, Repub- may be the most appropriate time to ously disagree with from a Member of licans outnumber Democrats two to remind each and every one of us en- the Senate going into a wartime the- one in both chambers, our Secretary of gaged in this debate that it is the hall- ater, listen to the words of the nominee State repeatedly took actions to make mark of our constitutional Republic of your own party who lost the elec- it more difficult for as many Ohioans and our government to operate by the tion, my friends on the Democratic as possible to have their votes fairly consent of the governed. And there is a side: ‘‘But the outcome should be de- cast and accurately recorded. corollary to that which we should like- cided by voters, not a protracted legal No national standards were set for wise remember: in a free system where process. I would not give up this fight voting equipment because the Bush ad- the people choose, it is also necessary if there was a chance we should prevail, ministration appointed members of the for contestants who are unsuccessful to but it is now clear that even when all Election Assistance Commission so accept the verdict of the people. In our of the provisional ballots are counted, late that their confirmation was nearly Republic there are majority rules, but which they will be, there won’t be a full year later than required by the rights of the minority are pro- enough outstanding votes for us to be HAVA itself. They had no time to rec- tected. able to win Ohio and, therefore, we ommend standards until it was too Now, also understand what has tran- cannot win this election.’’ late, and those standards are still not spired this afternoon. In what should Mr. Speaker, one of the virtues of our in place today. be a reaffirmation of our constitutional system is this: in America, there are The Ohio Secretary of State tried to Republic and the Electoral College, a never lost causes because, in America, force county boards of elections to buy Member has chosen to dispute the out- there are never fully gained causes.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 224 CONGRESSIONAL RECORD—HOUSE January 6, 2005 That is why we have the electoral proc- objection to try to ensure that our Nation takes zens of a great State their opportunity ess. How sad the electoral process has action to ensure that what happened in Florida to change the outcome. Election re- been sidelined today for a publicity and Ohio will never happen again. form is our solemn duty. Our state- stunt. Mr. KUCINICH. Mr. Speaker, let us ments today show whether we intend Mr. KUCINICH. Mr. Speaker, I rise to not denigrate factual concerns about to do that duty. address the House for 5 minutes. the Ohio election by dismissing them Mr. Speaker, I yield to the gentle- The SPEAKER. The Chair recognizes as simply partisan. This is not about woman from California (Ms. LEE) to the gentleman from Ohio (Mr. KUCI- Democrat or Republican votes. It is not continue this. NICH). about red or blue States or black or Ms. LEE. Mr. Speaker, let me say, Mr. KUCINICH. Mr. Speaker, I yield white. It is about wrong or right. It is first of all, that I rise to object to the for the purpose of making a unanimous not about winners or losers. It is about certification of Ohio’s electoral vote; consent request to the gentleman from protecting voting rights in our democ- and I want to thank the gentleman New Jersey (Mr. PAYNE). racy against corruption. from Michigan (Mr. CONYERS), the gen- Mr. PAYNE. Mr. Speaker, I rise Let us review just one of the very se- tlewoman from Ohio (Mrs. JONES), and today to join my colleagues in object- rious concerns with the Ohio election: Senator BARBARA BOXER for their lead- ing to the certification of the State of voting machines were misallocated, ership. We all know this is not deja vu. Ohio’s electoral votes. causing voters to stand in line, in some The Supreme Court did not appoint Mr. Speaker, I rise today to join with my col- cases for 10 hours. That denies voters President Bush this time, as it did in leagues in objecting to the certification of the equal protection of the law. In the 2000. But again, in 2004, the Democratic State of Ohio’s electoral votes. State’s capital, a shortage of voting process was thwarted. Unfortunately, last November in Ohio we machines in predominantly African It is a fact that thousands of minor- witnessed many of the same irregularities that American communities was created, ity voters were disenfranchised before occurred in Florida in the year 2000 and which even though the Secretary of State and on Election Day. The misalloca- tainted the election results. That year, former knew far in advance that 102,000 new tion of voting machines, the restric- Vice President Gore won the popular vote by voters were registered in that county tions of provisional ballots, the im- over half a million votes but was denied an alone. The misallocation of voting ma- proper purging of voter rolls, the electoral victory because of voter irregularities. chines was estimated to have denied at delays in mailing absentee ballots, the As a member of the House International Re- least 15,000 people the opportunity to malfunctioning of electronic machines, lations Committee, I have monitored elections vote. Furthermore, the Secretary of the widely reported incidents of intimi- around the world, in remote nations like Na- State, who under Ohio law has a con- dation and misinformation in violation mibia in Africa, and most recently in the dis- stitutional duty to ensure election of the Voting Rights Act are all but a puted election in the Ukraine. Watching elec- laws are upheld, failed to issue guide- few examples of the widespread efforts tion coverage of our own elections here in the lines under the Help America Vote Act to disenfranchise and suppress Ohio United States last November, I was shocked for 2 years. Contrary to the spirit of voters. to see American voters facing greater obsta- HAVA, which is to encourage voting Let me tell my colleagues, my con- cles than I have seen in third world countries. and to have every vote count, Ohio’s stituents in the Ninth Congressional There were voters who waited in line over 10 top election official conducted the ac- District of California want democracy hours to cast a ballot. For those standing in tivities of his office in a most partisan to work for all. Some say ‘‘get over it.’’ line, not only was this frustrating, it was also manner, undermining public trust in I will never get over the shameful stain a particular hardship for older voters and for the election. He sharply restricted the of the suppression of any American’s parents who had families waiting for them. ability of voters to use provisional bal- constitutional right to vote. We must In addition to the unreasonably long lines at lots. He endeavored to make it more pass Federal standards to require a certain voting precincts, other problems in- difficult for lower-income people, who paper trail, insist on nonpartisan offi- cluded a large percentage of provisional ballot are more likely to move, to vote. cials ensuring the process be moved rejections, voting machine errors, and voter We know who won the election, but forward for real, in a real way, and pass registration obstacles. what the American people do not know real election reform. Mr. Speaker, as in the past, the most im- is the extent to which voting irregular- Mr. KUCINICH. Mr. Speakr, I yield to pacted voters are African Americans, His- ities in the State of Ohio deprived tens the gentleman from New York (Mr. panics and other minorities. In Florida in 2000, of thousands of my fellow citizens of NADLER), a great leader. minorities on their way to the polls were their 14th amendment right to equal b 1430 stopped at road blocks in their neighborhoods protection of the law and their con- on the pretense that law enforcement officers stitutionally protected right to vote. Mr. NADLER. Mr. Speaker, the right needed to check vehicle inspection stickers. The right to vote is expressly protected to vote has been stolen from qualified The wait was so long that many minority vot- by the 15th amendment, the 19th and voters. Stolen through corruption, ers had to turn around and go home or to the 24th amendment, and the 26th through political cynicism, through in- work. This is not democracy. This is how peo- amendment to the United States Con- competence, through technical mal- ple lived under apartheid in South Africa. stitution. It is that right which has function. Now we learn that in Ohio, more than half produced our very presence in this Despite the fact that the widespread of the complaints about long lines came from Chamber. It is that right which binds and documented irregularities in the Columbus and Cleveland where a huge pro- us as a Nation, which creates the unity Ohio election have not been proved to portion of the State’s Democratic voters live. of States, which legitimizes the gov- change the outcome of the presidential The House Judiciary Committee report details ernment, which enfranchises not just election, the loss of the right to vote numerous problems and obstacles that Ohio the people, but in which reposes the by so many is unacceptable. voters faced. For example, a New York Times treasure of the American people, a gov- Elections must not only be fair and investigation revealed that Franklin County ernment of the people, by the people honest, they must be seen to be fair election officials reduced the number of elec- and for the people. and honest in order to maintain the le- tronic voting machines assigned to downtown People have marched for that right, gitimacy of our democratic institu- precincts and added them to the suburbs. One have put their lives, their fortunes, tions. entire polling place had to shut down at 9:25 their sacred honor on the line for that This year we have dodged a bullet. If in the morning on election day because there right, have died for that right; and the the apparent margin of victory in Ohio were no working machines. Does this sound least we can do is show our commit- were closer, the Florida 2000 fiasco like democracy? ment to protecting that right. would look like a picnic. Mr. Speaker, we have a responsibility to en- The outcome of the election will re- Mr. Speaker, normally the process of count- sure that the constitutional right of every voter main unchanged, but what must ing electoral votes is a purely ceremonial in this country is protected. We are raising this change is a system which denied citi- event. Normally it is a celebration of our

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00074 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 225 democratic institutions. Normally it is a cele- spending our time debating the chal- to have to threaten the City bration of the rule of law and equal protection lenge to the validity of the Presi- Clerk, a Democrat, with court action if of all Americans under the law. dential election simply because the she did not comply with our State elec- But we do not live in normal times. the right Democratic Party cannot accept the tion law to make sure that every vote to vote has been stolen from qualified voters— fact that their candidate lost this elec- is counted, particularly minority stolen through corruption, through political tion. They cannot accept the fact that votes. However, my dismay at seeing cynicism, and through incompetence, through their agenda, that their vision for that none of the Members of the United technical malfunction. America has been rejected by the ma- States Congress here ever spoke out to Regardless of the reason, the denial of the jority of Americans. They cannot ac- protect the rights of their own con- fundamental right to vote is a crime against cept the fact that President George W. stituents to be heard at the ballot box. our democracy, against our way of life, and Bush simply received more votes than There was no outrage. There was no in- against the most fundamental rights of every Senator JOHN KERRY. dignation. And yet today we hear out- American. This election was very hard fought rage based on fantasies and conspir- Despite the fact that the widespread and on both sides. The American people acies. documented irregularities in the Ohio election have accepted the fact that it is over Mr. Speaker, let me say that I am have not been proved to have changed the and they want this Congress to get to sincerely interested in undertaking the outcome of the presidential election, the loss work and to work in a bipartisan way. important work of the American people of the right to vote by so many is unaccept- If this is a minority party’s idea of in truly a bipartisan manner. So I able. bipartisanship, then let the people of would ask that we might be spared Elections must not only be fair and honest, our Nation see it for what it is. Be- from selective outrage, that we might they must be seen to be fair and honest in cause in the spirit of bipartisanship, be spared from the righteous indigna- order to maintain the legitimacy of our demo- the Democrats are asking us to over- tion based on fantasy. cratic institutions. turn the Presidential election which Mr. Speaker, the challenges to those This year, we have dodged a bullet. The President Bush won by over 3 million votes in Ohio are turkeys. I think disgraceful events in Ohio may not have votes nationwide and by over 118,000 those turkeys should be given to some- changed the outcome of the election, but a votes in the State of Ohio. one else. closer vote could well have made this belief In the spirit of bipartisanship they Mr. Speaker, I yield the balance of impossible. If the apparent margin of victory in say that somehow Karl Rove was ma- my time to the gentleman from Ohio Ohio were 30,000 or 40,000 instead of nipulating votes from a secret com- (Mr. TURNER). puter in the White House and that Mr. TURNER. Mr. Speaker, when the 118,000, we would now be embroiled in a dis- somehow these secret computers were processes that are meant to guarantee pute that would make Florida in 2000 look like changing the votes on punch cards and our freedoms are abused, they are a picnic. optical scan sheets that record actual weakened in meaning and the rights What is at stake is our democracy. This is votes. This language is in their chal- and privileges that they are meant to not about conspiracies, or phantoms. It is lenge. protect are placed in peril. Like the about the failure to count valid votes for invalid How interesting, however, that their person who cried wolf for attention, reasons. It is about disenfranchising thou- challenge as it talks about conspiracies who risked the safety of the herd by de- sands of voters by forcing them to wait on line in the State of Ohio, making allega- meaning and diminishing the meaning 10 hours to cast their votes. It is about the co- tions that have no basis of fact, their of the alarm, the objecting Members chair of the President’s reelect committee challenge is silent about an incident in today weaken the processes of object- serving as the chief election officer for the Ohio where fraudulent voter registra- ing to a State’s electoral votes and state, and doing everything possible to prevent tion forms were being submitted and place in peril future real attacks on voters from voting. It is about voting machines the worker who collected them was our voting rights. that invalidate valid votes. paid in crack cocaine. If their goal today was to protect the We are told to get over it. How do you get How interesting that their challenge right to vote, why object only to Ohio? over having your vote stolen? How do you get does not mention the Democratic Why not pick a State that voted for over widespread disenfranchisement? group ACORN which submitted vote JOHN KERRY? Because the objection This Congress must fully investigate these registrations for dead people that used today is not about protecting our right allegations, and we must act to prevent these 25 different addresses for the same indi- to vote. It is about undermining our outrages from happening again. If these out- vidual. election process and our President. rages were criminal violations of our laws, Mr. Speaker, before I came to Con- Mr. Speaker, we are asking people in those responsible must be brought to justice. gress I served very proudly for 8 years Afghanistan and Iraq to risk their lives If they were not violations of the law, they as the Michigan Secretary of State to vote, and today we hear complaints ought to be. Our next election must not again where my principal responsibility was about the time it took to vote in free steal people’s votes. serving as the chief election officer. So elections in the greatest democracy in My colleagues on the other side of the aisle I feel I have a little bit of background the world. should not let partisan politics stand in the to make some observations about the My hometown newspaper in Dayton, way of an honest assessment of this election. election process. In fact, Michigan is Ohio said, ‘‘What’s not in order is the They should not ignore what happened. How- recognized as a national leader on elec- suggestion of some great fraud where ever they vote today, they should commit tions. We constructed the first state- there is none. Some people will take themselves to a full and fair investigation. Any- wide computerized voter registration advantage of the inevitable flaws of thing less would suggest that they think there list which precludes the possibility of elections to confuse other people . . . is something to hide. It would suggest that anybody having more than one address Those people do harm, not good.’’ there is a partisan coverup. or registering more than once. Mr. CUMMINGS. Mr. Speaker, I rise We can do better. We must do better. In fact, I might add, I was very proud to address the House for 5 minutes. Mrs. MILLER of Michigan. Mr. in my former capacity to receive the The SPEAKER. The gentleman from Speaker, I rise to address the House for highest grade in the Nation of Secre- Maryland (Mr. CUMMINGS) is recognized 5 minutes. taries of State for voter election re- for 5 minutes. The SPEAKER. The gentlewoman forms and that grade was given to me Mr. CUMMINGS. Mr. Speaker, I yield from Michigan (Mrs. MILLER) is recog- by the NAACP. to the gentleman from New York (Mr. nized for 5 minutes. We are all committed to free and fair ENGEL). Mrs. MILLER of Michigan. Mr. elections. We all want to make sure Mr. ENGEL. Mr. Speaker, we must Speaker, the American people must be that every single vote is counted, that ensure that everyone has the right to watching this debate and literally no different voter is disenfranchised. vote and every vote is counted. shaking their heads. With all of the I do remember clearly, however, how Mr. Speaker, I rise today to highlight the fact challenges facing our Nation we are distressed I was in my former capacity that too many Americans are being denied the

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00075 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 226 CONGRESSIONAL RECORD—HOUSE January 6, 2005 right to vote in a fair, free and open election Nothing could be further from the I think many of my colleagues find these process. Every American citizen who wants to truth. irregularities appalling. vote should be allowed to vote, and every vote What we are trying to do is make My friends of the House and Senate this is must count. sure that every single voter has the a red, white and blue issue; not black or white; Sadly, many voters in this nation believe right to vote and that their vote is not urban or rural; or even Republican or their right to cast ballots for President, Mem- counted. Democratic. ber of Congress, Governor or countless other This is not a black and white issue. We must stand up to these injustices. leadership positions has been undercut be- This is not a Republican/Democrat That is why, as a result of these irregular- cause of this nation’s broken electoral system. issue. This is a red, white and blue ities, I believe these critical steps must be Today, the House of Representatives will issue. taken: certify the Electoral College’s ballot electing This Constitution that we base our 1. Congress needs to enact meaningful non- the next President. While my first choice for country and our laws on, the funda- partisan election reform—HAVA can and this important job was Senator JOHN KERRY, I mental things of that Constitution, needs to be improved, particularly by providing know that President Bush won this election. that building block, is the vote; and for a verified paper trail for electronic voting This does not change the fact that around when we take away that vote, then machines. the country and particularly in the state of what we do is we basically are destroy- 2. Congress should engage in further hear- Ohio, many voters felt as if their vote was not ing our democracy. That is what this is ings into the widespread election irregularities properly counted. This feeling was particularly all about. reported in Ohio and around the country to fix acute in more poor, urban and minority areas. I wonder, I really do, if it were your our piecemeal election system. Money, privilege, or geographic location wife who was denied the right to vote Our duty to uphold democracy in America is should not make someone’s vote count more or your child, would you be making the clear. than anyone else’s. same arguments? If even one American is denied the right to In October 2002, Congress enacted the All we are saying is we want to make vote, or one vote is not counted, that is simply Help America Vote Act, which addressed sure that if we have a broken system, if one too many. many of those weaknesses. It created a new there is one person whose vote is not I applaud the brave gentlelady of Ohio, federal agency, the Election Assistance Com- counted, if there is one person who STEPHANIE TUBBS JONES, and the equally mission, with election administration respon- does not have the right to vote, then brave Senator BARBARA BOXER of the State of sibilities. It set requirements for voting and that is one person too many. It is as California for raising this contest to the elec- voter-registration systems and certain other simple as that. toral votes from Ohio. aspects of election administration, and it pro- So it upsets me that you keep saying I leave this great Chamber with a fitting vided federal funding; but it did not supplant these things about us denying Bush his quote from Thomas Jefferson, ‘‘[It is] by their state and local control over election adminis- opportunity to be President and all votes the people exercise their .’’ tration. this kind of thing. That is not true. Mr. Speaker, I yield to the gentle- Yet, more needs to be done. We cannot What we are addressing is the funda- woman from Georgia (Ms. MCKINNEY). have another election where tens of thou- mental right to vote. It is simple as Ms. MCKINNEY. Mr. Speaker, never sands of Americans feel as though their votes that. have the issues been so clear as they Mr. Speaker, I rise today to express concern did not count or were counted improperly. We are for all of us today. Our country is for our nation’s democracy. At its core, our must continue to work toward a more perfect at war ostensibly to bring democracy form of government is based on the premise system. The Republicans control Congress, to a far off country on the other side of of ‘‘one person, one vote.’’ and their unwillingness to invest what it takes our planet. At the same time, a signifi- When you take away that right to vote or to correct our national electoral system is a cant chunk of the American people pro- when you deny a cast vote from being count- disgrace. test in their own humble ways for de- ed, then you denigrate the building blocks of Fixing the voting problems around the coun- mocracy at home. They see unequal our great democracy and our Constitution. protection of the precious right to vote try will not be easy and will not be cheap. But We are not here to contest the election re- blatant in Ohio but not only in Ohio; a fair and open election is the bedrock of our sults, but urge election reform of a broken sys- voting machines that cannot be trust- democracy and what ensures a peaceful tem. ed, casting votes for candidates not in- transfer of power. How can we ask Americans In fact, today, we are reliving the painful ex- tended by the voter. That happened in to respect the laws made in Washington if we periences of the 2000 election. cannot ensure them the lawmakers were Those problems included: outdated and un- my own race in my own State of Geor- elected fairly? reliable technology, confusing ballots, lack of gia. Today, American soldiers are being wound- poll worker training, and inaccurate voting Provisional balloting made absurd by ed and dying so the United States can spread lists. seemingly purposefully drafted arcane democracy around the world. It is absolutely As a result, 6 million voters were rules that in some case rendered the shameful that when these soldiers return disenfranchised. right to vote moot; our democracy en- home, they cannot even be sure their own We all remember that this disenfranchise- trusted to privately owned software electoral process is fair and accurate. ment was most prevalent in Florida. run on computers that can be hacked, I realize that in the case of Ohio, the irreg- And here we stand again, four years later, that overheat, break down or have ularities would not overturn the results of the to discuss flaws that led to a significant dis- their batteries die in the middle of the election. Even Senator KERRY has conceded enfranchisement of voters in the recent 2004 voting process; and, moreover, voting that and does not support this congressional Presidential Election. on machines that do not even tell us motion. I, therefore, will vote against the mo- This is not an effort to overturn the results after we have voted who it is exactly tion, but feel that it is important today to high- of the election. Rather, this is an effort to ad- that our vote was counted for. light the very real problems we have with our dress the irregularities of the election and to When Congress passed the Help electoral process—which must be addressed fix our broken election system. America Vote Act, it hoped to correct by this Congress. Although there were general reports of irreg- the blatant irregularities and purpose- Mr. CUMMINGS. Mr. Speaker, today ularities across the country, we must examine ful disenfranchisement that occurred this is not about overturning election the prevalent problems that occurred in the in Florida in the 2000 election. It is results but reforming a broken election state of Ohio, in particular. clear from the work of the Committee system. There were numerous accounts of eligible on the Judiciary, the gentlewoman Mr. Speaker, as I listen to my friends voters—waiting on line for up to ten hours in from Ohio (Mrs. JONES) and the tireless from the other side I become quite the cold and rain—facing insufficient resources efforts of people across Ohio that this upset when I hear them say things like, at polling places, voting machine shortages, Congress has a lot of work to do. we are trying to break down the elec- the denial of provisional ballots, voting ma- Our Vice President has told to us ex- tion system, taking away from the chine errors or tampering, and the intentional pect war for the next generation. It is credibility of our election system. distribution of inaccurate information. not only our responsibility but our

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 227 right to demand full democracy at that the claims that are being made This objection is without any merit home, and we do that by our actions are valid. whatsoever, Mr. Speaker; and we today. This is not merely about bitter- The vote in Ohio has already been re- should move on together as we look to- ness or a recount, this is about a black- counted. There is no doubt President wards the inauguration which will be out. Bush won the election. He won with taking place on the 20th of this month It is time to end the blackout and historic margins, and millions of first- and as we proceed to implement the shine the lights on our precious right time voters in Ohio were participating. agenda of the American people. to vote. JOHN KERRY has accepted this fact. Mrs. DRAKE. Mr. Speaker, will the Mr. CUMMINGS. Mr. Speaker, I yield Even those foreign officials who many gentleman yield? the balance of my time to the gen- of our colleagues invited to the United Mr. DREIER. I yield to the gentle- tleman from Missouri (Mr. CLAY). States as election observers have come woman from Virginia. Mr. CLAY. Mr. Speaker, the numer- to the conclusion that George Bush Mrs. DRAKE. Mr. Speaker, I find it ous irregularities that occurred with won the election. interesting irony in today’s challenge the electronic voting machines in Ohio We as a Nation are regularly encour- to the legitimacy of President George on November 2 of last year point to an aging elections all over the world. We W. Bush’s election, the very partisans unresolved national crisis. The lack of just observed this amazing exercise who fought against him the first time, a unified standard for all voters and all that has taken place with the election arguing against his intelligence, polit- ballots casts in a federal election. of Viktor Yushchenko in Ukraine. ical savvy and leadership abilities, are Congress must establish this stand- Now, it is true that no election is at this very moment accusing him of ard with a verifiable paper or audit perfect. We have seen this since the be- pulling off a major feat in tampering trail. It is the only way to ensure in- ginning of our democracy. But small with and illegally affecting the out- tegrity of the federal election process. imperfections here and there do not a come of the vote in Ohio. All of this he Reports of voter intimidation, inad- mass conspiracy make. In fact, we have allegedly did without leaving a shred of equate and malfunctioning voter ma- had a number of people quoting news- evidence. chines, incompetent election judges papers. I am not an expert on the news- Mr. Speaker, I find an interesting irony in to- and lines at the polling places in urban papers in the State of Ohio, but I have day’s challenge to the legitimacy of President areas that lasted for many hours were been told by more than a few people George W. Bush’s election as President of the that the Dayton Daily News, which is widespread. These irregularities were United States: compounded by the irresponsible con- sometimes named something else, ac- The very partisans who fought against him duct of the allegedly unbiased top elec- tually endorsed JOHN KERRY and on De- the first time, arguing against his intelligence, cember 3 they said the following: tion official who openly became a par- political savvy and leadership abilities are at ‘‘Some people will take advantage of tisan advocate for his party’s Presi- this very moment accusing him of pulling off a the inevitable flaws of elections to con- dential nomination. major feat in tampering with and illegally af- fuse other people, to sow doubts. Those Honorable colleagues, the numerous irreg- fecting the outcome of the vote count in Ohio. people do harm, not good. They under- ularities that occurred with the electronic vot- All of this, ladies and gentlemen, he alleg- mine the legitimacy of every close ing machines in Ohio on November 2nd of last edly did without leaving so much as a shred election outcome.’’ year point to an unresolved national crisis: the of evidence. The fact is the system worked pretty lack of a unified standard for all voters and all So I ask my colleagues who prefer to dwell well. People should know that. Now, ballots cast in a federal election. Congress on the past rather than fight for the future; that came from what I am told is one must establish this standard, with a verifiable who would rather level accusations than legis- of the most liberal newspapers in the paper or audit trail. It is the only way to ensure late; who would rather waste Congress’s time State of Ohio and a newspaper that en- the integrity of the federal election process. and taxpayer dollars than work on providing dorsed JOHN KERRY. Reports of voter intimidation, inadequate health care, education and a strong military for and malfunctioning voting machines, incom- b 1445 America—I ask these colleagues, if reform is petent election judges and lines at polling I would respectfully suggest, Mr. needed in Ohio, to work with their State legis- places in urban areas that lasted for many Speaker, to my colleagues on the other lature to create the best system possible and hours were widespread. side of the aisle, as well as those on the to join Senator KERRY in accepting the will of These irregularities were compounded by other side of the Capitol, that what the American people. the irresponsible conduct of the allegedly unbi- makes our system great is our willing- Mr. JACKSON of Illinois. Mr. Speak- ased top election official who openly became ness to accept the legitimate results of er, I ask to address the House for 5 a partisan advocate for his party’s presidential an election, whoever wins, and move minutes. nominee. forward together for the good of the The SPEAKER. The gentleman from Mr. DREIER. Mr. Speaker, I rise to American people. Illinois (Mr. JACKSON) is recognized for address the House for 5 minutes. I would remind them once again, 5 minutes. The SPEAKER. The gentleman from there is no evidence whatsoever to sug- Mr. JACKSON of Illinois. Mr. Speak- California (Mr. DREIER) is recognized gest that the results of this election er, I want to be clear. Today’s objec- for 5 minutes. were anything other than legitimate. tion is not about an individual, but our Mr. DREIER. Mr. Speaker, I have We know how difficult it is to lose an institutions. It is not about Repub- just listened to the remarks of my re- election. I am here with my colleague licans, but our Republic. It is not about turning colleague from Georgia. I cer- returning also, Dan Lungren. He lost Democrats, but our democracy. It is tainly welcome her back to this great his first election in 1976. I lost my first not about an election result. It is about deliberative body. She began, Mr. election in 1978, and Dan likes to regu- an election system that is broken and Speaker, by saying that we are a na- larly remind me that he was the first needs to be fixed. tion at war, and it is very clear that we one to come and campaign and encour- Today, we are hearing the facts are. We are in the midst of a global war age me to run again in 1980. about voting irregularities in Ohio. In on terrorism and the people who are Losing an election is disappointing, 2000, we saw a similar mess in Florida leading that war on terrorism clearly no doubt about it whatsoever; but mov- and other States. As we try to spread have no confidence whatsoever in the ing forward in defeat is just as critical democracy to Iraq and Afghanistan and process of self-determination. And that to the integrity of our democracy as elsewhere, it is prudent and appro- is why I think that this exercise which claiming victory itself. priate and timely to examine our own we are going through today clearly It has been said that democracy still democracy. emboldens those who would, in fact, represents the best hope for mankind. What is wrong with our democracy? want to undermine the prospect of de- Sowing seeds of doubt about a legiti- What is wrong with our voting system? mocracy because there is no evidence mately decided election threatens to State after State, year after year, why whatsoever, no evidence whatsoever unnecessarily dim that hope. do we keep having these problems?

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 228 CONGRESSIONAL RECORD—HOUSE January 6, 2005 The fundamental reason is this: Maine to California so we do not have to watch this debate taking place in Americans do not have the explicit so many separate and unequal systems. this House. Even CBS news has recog- right to vote in their Constitution. In Mr. Speaker, it is the foundation upon nized the fact that President Bush has 2000, the U.S. Supreme Court in Bush v. which we build a more perfect Union won this election. This is probably the Gore ruled: ‘‘The individual citizen has amongst the States. only place left that is still disputing no Federal constitutional right to vote Mr. LEWIS of Georgia. Mr. Speaker, this election. for electors for the President of the will the gentleman yield? What kind of message are we sending United States.’’ So at present, voting Mr. JACKSON of Illinois. I yield to out? What kind of message are we send- in the United States is a State right, the gentleman from Georgia, whose ing to the rest of the world where we not a right. credentials on the question of voting bring democracy to every corner? Hence, our voting system is built on are unparalleled and unmarked and un- Where we are trying to bring democ- the constitutional foundation of States matched in this Congress. racy, the right to vote to Afghanistan, rights: 50 different States, 3,067 dif- Mr. LEWIS of Georgia. Mr. Speaker, to Iraq, to the Palestinian people, what ferent counties, 13,000 different election I thank my colleague and friend for message do we send when we stand up jurisdictions, all separate, all unequal. yielding. and say if you lose an election, if you Consider this, if a person is an ex- The right to vote and to have every do not like the results, you can always felon in Illinois, they can register and vote counted is precious and sacred. It go to court, you can always hire an at- vote. If they are an ex-felon in 11 is the heart and soul of our democratic torney? States, mostly in the South, they are process. We cannot be true to ourselves This is the wrong message to be send- barred from voting for life. There are as a democratic society unless we get ing. This does not bring honor to this nearly 5 million ex-felons who paid it right. House. This does not bring honor to our their debt to society but are prohibited I think, Mr. Speaker, it is fitting and democratic tradition. This does not from ever voting again, including 1.5 appropriate that we pause, that we bring honor to the history of a peaceful million African American males; but in have this discussion, that we have this transition of power. This does not Maine and Vermont, a person can vote debate, and that Congress hold further bring honor to those who have grace- if they are a felon while they are in hearings on questions about the Presi- fully conceded before. jail. Illinois, Florida, Vermont. Dif- dential election in Ohio and elsewhere. Indeed, in my own home State we Our electoral system is broken, and ferent States, different rules, different had a congressional election decided by it must be fixed once and for all. What systems. less than half of a percentage point, happened in Florida in 2000 and in Ohio In contrast, the first amendment to less than one vote per precinct. I want in 2004 tends to dramatize the fact that the Constitution guarantees us an indi- to stand up here and congratulate both there is something wrong with our de- vidual citizenship right, freedom of the Democratic winner of that elec- mocracy. More and more of our citizens speech, freedom of , freedom of tion, as well as his Republican oppo- have grown uneasy. nent. association; and we can travel between I hear people on the other side saying Mr. Speaker, I have got several re- the States with such a fundamental we should forget it, we should get over marks from several different editorial right. However, when it comes to vot- it. How can we get over it when people pages from the State of Ohio that say ing, a person does not have such a fun- died for the right to vote, where people that we should not be having this dis- damental right. They have a State suffered for the right to vote? The cussion, that say that the votes were right. A State right is not a citizenship right of every vote to be counted must counted in Ohio. There is another right, but a right defined and protected be upheld by this body. place, there is another time to be hav- by each State and limited to each Mr. JINDAL. Mr. Speaker, I ask to ing this discussion. Today is about cer- State. address the House for 5 minutes. tifying, accepting the results. 108 of the 119 nations in the world The SPEAKER. The gentleman from Two things that have been good that that elect their public officials in some Louisiana (Mr. JINDAL) is recognized have happened today: one, I have heard democratic manner have the right to for 5 minutes. many of my colleagues from the other vote in their Constitution, including Mr. JINDAL. Mr. Speaker, it is a side recognize our President as the the Afghan Constitution and the in- great honor to address this House for rightful winner. I thank them for doing terim document in Iraq. The United the first time in my elected career. It that. Secondly, before I yield the bal- States is one of eleven nations that is also with a heavy heart that I ad- ance of my time to the gentleman from does not have an affirmative right to dress this House. Ohio (Mr. TIBERI), I would like to say vote in the Constitution. Should we I think that this debate diminishes in Louisiana we make several jokes not be the 108th nation that does just this House. This was one of the proud- about the fact that in the past, distant that? est weeks of my life, when my father past, people used to vote multiple The says if we build a house on was able to see his son being sworn times. We never, however, in the his- sand, when it rains, the winds blow and into this House, when I was able to tory of our State have ever had mul- the storms come and it will not stand. bring my daughter to watch her father tiple counts of the same vote. Our voting system is built on the sand being sworn into this House. I would offer that this is not a good of States rights. Florida one year, Ohio As a son of immigrants, I take very day for our country, not a good day for the next year, and no telling what is seriously the freedoms and rights democracy; and we have stopped the happening in 2008 and 2012. granted to us in this country, America, acceptance of the certification of the As a result, the American people are the greatest country in the world. votes. gradually losing confidence in the I think we diminish this House by Mr. TIBERI. Mr. Speaker, will the credibility, the fairness, the effective- the discussion that we are having. Let gentleman yield? ness and the efficiency of our voting us be clear. We are not here at a con- Mr. JINDAL. I yield to the gen- system. So we need to build our democ- gressional hearing. We are not hear to tleman from Ohio. racy, not on HAVA Democrats, not on talk about improving our election pro- Mr. TIBERI. Mr. Speaker, I am often HAVA Republicans, but build our de- cedures. We are hear to certify the re- asked in Columbus, Ohio, why it is so mocracy on the fundamental individual sults of this recent election. We are partisan here in Washington, D.C., and guarantee in the Constitution that here to certify the fact that President one wonders why 2 days after we get every citizen can rely upon in their Bush did, indeed, win the votes granted sworn in. Constitution. to him in the State of Ohio; did, in- Mr. Speaker, I spoke with a board of We need to provide the American deed, win election across this great elections official this morning in my people with the citizenship right to country. district, a Democrat, who said that vote and provide Congress with the au- In many ways, I am glad that my what we are doing today is, in her opin- thority to craft a unitary system from daughter and father are no longer here ion, an insult to not only Democrat but

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 229 Republican board members throughout Ms. WOOLSEY. Mr. Speaker, this is and intimidation, were outlawed. All the State. The bipartisan system that the second Presidential election in a other abuses involving voter suppres- is in place in Ohio, not one board mem- row in which serious, well-documented sion and dirty tricks should imme- ber has objected to the process in Ohio, concerns have been raised about dis- diately be made Federal crimes. Out of not one. enfranchisement and voting rights vio- those who have fought in the past and Mr. Speaker, were there problems? lations without any congressional in- those still on the battlefield for the Certainly, there were problems in Ohio. vestigation. This is the second time, cause of democracy, it is our duty to Were there long lines? Certainly. I and this time, it must be different. take the steps to escalate our momen- stood in a long line in my area. The Co- The United States is supposed to be a tum toward the attainment of a more lumbus Dispatch reported there were beacon of freedom, the greatest democ- perfect Nation. long lines everywhere. In fact, in cen- racy in the world. Yet we cannot seem Mr. Speaker, we have preached democracy tral Ohio, in Columbus, Ohio, the busi- to guarantee that the votes of our citi- in Afghanistan. We have preached democracy est places to vote were not in urban zens are counted. in Iraq. Now the time has come for us to ac- areas. They were in suburban areas. This past election there was every- celerate the process of more fully practicing All electoral votes in Ohio have said thing from votes outnumbering voters what we preach. Our great nation is the pre- what we are doing today is wrong. In in some precincts to blatant voter in- mium democratic government of the world and fact, the chairman of the Democrat timidation in other precincts. It is we are all proud of that fact. A unifying posi- Party in Franklin County, my county, time that we investigate these serious tion of both Democrats and Republicans is has gone so far as to label the charges violations because they are violations that we support democracy everywhere. We as a band of conspiracy theorists. I did to our democracy. believe that where there is democracy the not say that; he said that. By the way, There is an irony here, a very tragic people are inevitably better off. I whole- Mr. Anthony, the head of the Franklin irony. Yes, indeed, we are sacrificing heartedly endorse the democracy mission of County Democrat Party, the head of American lives and billions of dollars America. But I am here today to beg the cho- the board of elections in Franklin to try to establish democracy in Iraq. sen decision makers here in the Congress to County is also a union official, an Afri- Yet we cannot seem to get our own de- take a giant step forward to bolster America’s can American and a good man. mocracy in order right here at home. world crusade for democracy. As we strive for Mr. Speaker, what we are doing here This is not about which candidate a more perfect union let us unite to end hy- today, as the Cleveland Plain Dealer won, which candidate lost on November pocrisy and to construct a more perfect one has said, is the election horse is dead. 2. It is not about politics at all. It is person, one vote electoral process. We are beating a dead horse. The elec- about citizens and their most funda- Today it is appropriate that we address our tion is over. Let us get on with it. remarks not only to the citizens of America but Ms. WOOLSEY. Mr. Speaker, I ask to mental rights. also to the people of Afghanistan and to the address the House for 5 minutes. b 1500 people of Iraq. We should begin by apolo- The SPEAKER. The gentlewoman The recommendations put together from California (Ms. WOOLSEY) is rec- gizing for this present electoral system, which by the minority Members of this House undercuts the principle of one person, one ognized for 5 minutes. must be followed, and I look forward to Ms. WOOLSEY. Mr. Speaker, I yield vote. Our efforts to achieve free elections in working with them to ensure that our to the gentleman from New Jersey (Mr. Iraq would be totally shattered if we were to efforts to ensure every vote counts PALLONE) for a unanimous consent re- propose today that the nation be divided into come together before the next election. quest. 30 or 50 units with each unit granted the Mr. PALLONE. Mr. Speaker, I thank And if we do not, why would any Amer- power to determine its own election proce- the gentlewoman for yielding, and I ican bother to vote? dures; to select its own equipment; and to ap- rise in support of the challenge to Mr. Speaker, I yield to the gentleman point its own administrators without any uni- Ohio’s electors. from New York (Mr. OWENS). form national standards. Our historic com- After the 2000 Presidential Election we Mr. OWENS. Mr. Speaker, we have promise granting certain powers to the States knew we had to make changes in our elec- preached democracy in Afghanistan. that was necessary for the birth of this nation tions system so American voters were con- We have preached democracy in Iraq. must no longer be used as an excuse for the fidant that their vote had been registered and Now the time has come for us to accel- abuse of the free and democratic election counted. The 2000 election taught us that erate the process of more fully prac- process here in America. The abuse in certain many of our election machines were outdated, ticing what we preach. sections of the country, which once openly and unfortunately, some of our election offi- I wholeheartedly endorse the democ- used violence and intimidation, has been out- cials served their political party over the voter racy mission of America, but I am here lawed. All other abuses involving voter sup- who should have the right to vote on Election today to beg the chosen decision- pression and dirty tricks should immediately Day. makers here in Congress to take a be made federal crimes. Three years ago, Congress approved land- giant step forward to bolster America’s For too long our nation has accepted as mark election reform legislation, the Help world crusade for democracy. Today it legal and has tolerated blatant sabotage of America Vote Act, that was supposed to fix is appropriate that we address our re- free elections. Florida offered abundant evi- many of the election problems we encoun- marks not only to the citizens of dence of such sabotage in the year 2000. tered in Florida and other States in 2000. America but also to the people of Iraq. Now, in 2004, Ohio has produced a multiple We’ve spent more than $3 billion over the Our efforts to achieve free elections in list of irregularities and we are demanding a last 3 years to correct the voting problems of Iraq will be totally shattered if we more thorough investigation. In Ohio the fail- the past, but despite all this funding we still want to propose today that Nation be ure of 25 to 30 voting machines to operate heard horror stories of Americans in lower in- divided into 30 or 50 units with each correctly with one precinct recording a nega- come and minority areas having to wait more unit granted the power to determine tive 25 million votes; and the forced waiting than 4 hours to cast their votes because of the its own election procedures, to select periods of three hours in the rain in African lack of enough ballot machines. We have to its own equipment, and to appoint its American neighborhoods, and ten hours at a do more to ensure that every American has an own administrators without any uni- polling site for college students; these are only equal chance to vote—meaning we need to form national standards. a few of the outrageous examples of voter dis- make sure working election machines are Our historic compromise granting enfranchisement in Ohio. available at all polling places. certain powers to the State that was In honor of those who have fought in the The nationwide use of provisional ballots is necessary for the birth of this Nation past and those still on the battlefield for the a direct result of that legislation. The problem must no longer be used as an excuse for cause of true democracy it is our duty to first is that while Congress can require that States the abuse of the free and democratic investigate and then to legislate to overcome allow voters to use provisional ballots, it has election process here in America. The all of the poisoning obstacles which obstruct little control over how election officials count abuse in certain sections of the coun- the consolidation of a more perfect national those provisional ballots. try, which once openly used violence election process. This is a vitally necessary

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00079 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 230 CONGRESSIONAL RECORD—HOUSE January 6, 2005 action which will escalate our momentum to- The Court in that case also enunciated that rect outcome will preserve this institution we ward the obtainment of a more perfect nation. ‘‘undeniably the Constitution of the United call democracy. God bless America. And God bless democ- States protects the rights of all qualified citi- In the Ukraine, a new election was held racy everywhere. zens to vote, in state as well as in federal when majority supporters protested and com- Ms. JACKSON-LEE of Texas. Mr. elections . . . It has been repeatedly recog- plained of fraud in the election that resulted in Speaker, will the gentlewoman yield? nized that all qualified voters have a constitu- the surprising defeat of opposition leader Ms. WOOLSEY. I yield to the gentle- tionally protected right to vote, . . . and to Viktor Yushchenko. The second vote held re- woman from Texas. have their votes counted.’’ vealed that Yushchenko had actually won by Ms. JACKSON-LEE of Texas. Mr. Moreover, under the Equal Protection a significant margin. What underscores the Speaker, I thank the gentlewoman Clause, all methods prescribed by a legisla- critical nature of full and fair recounts when from California (Ms. WOOLSEY) for ture to preserve the right to vote must be ef- there is doubt as to legitimacy is the fact that yielding, and I thank the gentlewoman fected and not thwarted as stated in Bush v. while the first flawed election rendered from Ohio (Mrs. JONES). Gore in 2000. Reynolds and its progeny of Yushchenko a loser by three (3) percentage Mr. Speaker, this is a sacred debate. cases added that votes that are cast must ac- points, the revote rendered him a winner by This is not a frivolous time in our his- tually be counted under the Equal Protection eight percentage points. This is clear and con- tory. This is about avoiding the sup- Clause of the Fourteenth Amendment—appli- vincing evidence. This is democracy. pression of votes. Might I say when the cable to the individual States. Mr. Speaker, election processes, like legis- people of Ukraine rose up against their In addition, Mr. Speaker, the Constitution’s lation, are imperfect; therefore, we must use flawed election, they understood what Due Process Clause requires ‘‘fundamental every opportunity and resource available to democracy is all about. fairness,’’ or that a state official not conduct an Mr. Speaker, I rise to object to the bring them closer to legitimacy and a truly rep- election or apply vote-counting procedures votes in Ohio. I rise under the Con- resentative nature. All evidence of voting irreg- that are so flawed as to amount to a denial of stitution of the United States in Arti- ularity and failure of votes to be counted is rel- cle 4, 14 and 15. I argue the point that voters’ rights to have their voices heard and evant and important to the achievement of this we have an inconsistent election, and I their votes count. The First Circuit federal goal. This is democracy. argue the point that we believe in de- Court in 2001 held that where ‘‘organic failures The hearings that we have held as a body mocracy. The equal protection and due in a state or local election process threaten to within the House Judiciary Committee and the clauses of the 14th amendment of the work patent and fundamental unfairness, a hard work that officials such as my colleague Constitution operate to protect the . . . claim lies for a violation of substantive from Ohio, Ms. TUBBS JONES has done leading rights of citizens to vote for the can- due process.’’ up to November 4 and well through its after- didate of their choice. As we look to reauthorize relevant sections math have yielded factual findings that sug- Furthermore, the well-settled case on of the 1965 Voting Rights Act (VRA), it would gest the existence of ample grounds on which this issue, Reynolds v. Sims, states be an indictment of the election process itself to challenge the electors from Ohio as being that ‘‘the right to vote freely for the if we fail to ask pointed questions as to the in- unlawfully appointed. Our fact-finding has candidate of one’s choice is of the es- tegrity of the Ohio election in 2004. This chal- shown possible violation of 3 U.S.C. Section sence of a democratic society, and any lenge is an absolute must relative to America’s 5—which states that all controversies regard- restrictions on that right strike at the standing and reputation as a real democracy ing the appointment of electors should be re- heart of representative government.’’ and as a center that promotes the sanctity of solved six days prior to the meeting of electors How would Members like to be in the right to vote. (or December 7, 2004 for purposes of the cur- Ohio and be told that the election was Today’s challenge in Joint Session forum rent election) in order for a state’s electors to on November 3, 2004, instead of Novem- aims to ensure the maintenance of the integ- be binding on Congress when it meets on ber 2, 2004? The Constitution’s due rity of the voting process. I support my col- January 6, 2005, to declare the results of the process clause requires fundamental leagues in challenging the mechanics of the 2004 election. fairness and that a State election offi- Electoral College vote certification for its pro- Secretary of State J. Kenneth Blackwell and cial not employ vote-counting proce- cedural value. This challenge represent our others appear to have intentionally delayed dures that are so flawed. collective exhaustion of legal remedies on be- the initial certification of the electors until De- Mr. Speaker, I believe that the Amer- half of the American people—our constituents, cember 6, rendering a recount impossible by ican people value the value of one vote, for without this act, their voice remains muted. December 7—let alone by the December 13 one person, and all votes counted. What my colleagues and I stand to achieve meeting of Ohio’s electors. Mr. Speaker, I support the objection made today is to raise the awareness of the Amer- Today’s debate is very important to docu- as to counting the votes of the Electoral Col- ican people as to the legitimacy of the demo- ment the serious election improprieties that lege from the State of Ohio in the name of the cratic process and the absolute value of the occurred in Ohio and in other voter precincts American people, the United States Constitu- notion of ‘‘One person, One vote’’. Our collec- around America. Some of the incidents that tion, in the name of procedural due process, tive efforts may not net a different result in occurred include: and in the name of democracy. The Equal terms of the recent presidential election; but Insufficient resources allocated to poor and Protection and Due Process Clauses of the can and will affect future elections. On a glob- minority precincts, which resulted in unusually 14th Amendment of the Constitution operate al scale as the standard bearers of democracy long lines which resulted in long waiting time; to protect the rights of citizens to vote for the this challenge can serve to provide a shining Lack of a verified ‘‘paper trail’’ relating to candidate of their choice. Furthermore, the example of hope to the emerging democracies electronic voting machines, thus failing the test well-settled case on this issue, Reynolds v. in Afghanistan and Iraq. of transparency; Sims states that ‘‘the right to vote freely for The exhaustion of all remedies available Reports of Ohioans being told, incorrectly, the candidate of one’s choice is of the es- when there is any doubt as to the legitimacy that the presidential election was to take place sence of a democratic society, and any restric- of the overall process is one of the basic ten- on Wednesday, November 3, 2004, as op- tions on that right strike at the heart of rep- ants upon which this country was founded. posed to Tuesday, November 2; resentative government.’’ The duty to doggedly pursue a task to its ulti- Denial of provisional ballots to voters; This is a sacred debate that is in no way mate conclusion is as applicable to the recent Voter intimidation; frivolous use of the time of the Congress or of gubernatorial race in the State of Washington Voting machine errors or tampering; the tax dollars of the American people. Nor is as it is in the democratic elections taking place Improper purging of eligible votes; this debate one that aims to overturn the 2004 for the first time in the Ukraine. In Washington Fraudulent phone calls, fliers, and bulletins presidential election. On the contrary, this de- State, candidate Dino Rossi declared victory on official-looking letterhead; bate is being made at the request and at the after only a partial recount. However, after a Questionable vote recount in Ohio, about behest of the American people. full and fair recount, it was correctly deter- which the case Yost v. David Cobb, et al. is I will cast a today not only in mined that the Democratic candidate Chrisine currently under litigation. the name of the integrity of the Ohio voting Gregoire was the victor. A rush to judgment is The American people deserve to have their process but for the democratic process that is never prudent. The transparency of process voice heard and to have their fundamental seriously flawed and that must be fixed. and convincing evidence of the true and cor- rights advocated.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00080 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 231 During this past pre-election period, I had The SPEAKER. The gentleman from Ohio which was allegedly controlled by the privilege of working closely with my con- Georgia (Mr. KINGSTON) is recognized some super agent who could change the stituents and with very efficient legal minds for 5 minutes. results of those elections in Ohio from that really care about making every vote Mr. KINGSTON. Mr. Speaker, I yield 1600 Pennsylvania Avenue. I do not count. A former staff member of mine, Attor- for the purpose of a unanimous consent think even Hollywood would even buy ney J. Goodwille Pierre, led an organization request to the gentleman from Georgia into that; called Election Protection 2004 in efforts to (Mr. PRICE). B, there were numerous agents who educate voters on the best way to increase Mr. PRICE of Georgia. Mr. Speaker, I were doing ‘‘unidentified things’’ to in- voter turnout. thank the gentleman for yielding. I timidate voters; Entities such as the Houston Black Lawyer’s rise in opposition to the objection. C, that a Democrat Supreme Court Association, the African-American section of Mr. Speaker, as a freshman member I stood candidate received more votes than the State Bar of Texas, Region 5 of the Na- here with the rest of you two days ago taking JOHN KERRY; therefore, the election is tional Bar Association, and Election Protection an oath to preserve, protect and defend the a fraud; and 2004 combined to hold a lawyer training ses- Constitution of the United States. I couldn’t be D, because the exit polls showed sion on Texas election law on October 9, more proud and humbled to be a Member of KERRY was going to win, he should 2004. Over 200 lawyers attended and partici- the finest deliberative body in the Nation. have won. The only thing that I know pated in this training session, and I feel that it Having served four terms in my state Sen- that are less realistic than exit polls was very effective in empowering the voters in ate in Georgia in both the majority and minor- are Godzilla movies, and yet that is the 18th Congressional District of Houston. ity—I have great respect for appropriate pro- what the basis of this attack was. In addition, I worked with these groups to cedural objections. We have heard that many voters had hold a public meeting of over 500 volunteers However, political grandstanding during this to stand in line for 3 hours. My dad is from all walks of life, which included over 100 vital electoral college ballot count is shameful 87 years old. He is blind. He is very in- lawyers, to discuss strategies on decreasing and reprehensible. convenienced when he votes. He has to voter intimidation and implementing complaint What my new colleagues on the other side have assistance, yet as a World War II mechanisms. I would like to thank Attorney of the aisle are doing today is destructive of veteran and survivor, he is proud to John Strausberger from the firm of Weil, our system. To raise an objection for which wait 3 hours to vote. He only wishes Gosthal, & Mangen for having given us the many speakers on the other side have said more of his peer group was alive to legal procedure backbone to our effort on a they will oppose—only feeds unfounded dis- have the same honor. pro bono basis. I also had the opportunity to Mr. Speaker, I yield to the gentleman meet with the key election official for Harris content in the veracity of our great democracy. from Florida (Mr. KELLER). County to bring her within arms-reach of these I shall never lose my faith and pride in our Mr. KELLER. Mr. Speaker, my col- groups so that voter intimidation could be de- great Nation and will fight vigorously and pray tected early and properly addressed. for our future at a time when some in the mi- leagues across the aisle have two sides I would also like to thank Ms. Barbara nority party put politics over people. to choose from, the JOHN KERRY side Arnwine of Lawyer’s Committee on Civil God Bless America. that acknowledges the election is over Rights, Mr. Ralph Nease of People For The Mr. KINGSTON. Mr. Speaker, we and President Bush has won, or the Mi- American Way, and Carmen Watkins and have been asked by our Democratic chael Moore side that defines democ- Unity ’04-Texas for their leadership and exten- colleagues to take this objection to the racy as Democrats going to the polls, sive efforts. vote today seriously. We have been told and conspiracy as Republicans going to Election Protection 2004 produced a report this is not frivolous. the polls. The election is over and the entitled ‘‘Texas Election Protection EIRS Re- Well, we have to ask, why Ohio? Why results could not be clearer. Why are port.’’ It revealed over 2,200 incident reports Ohio, the State that happened to put we here wasting time on silly, Holly- with over 1,500 having occurred on Election President Bush over the top? Why not wood-inspired conspiracy theories? Day as compiled from poll monitors, on-line Minnesota where KERRY won, where Well, since Hollywood likes conspiracy systems, and the 1–866–VOTE hotline. there were discrepancies and Democrat so much, here are some real facts. A partial breakdown of the results showed groups working inside polling places at On June 23, 2004, the Michael Moore my District, Harris County, as leading other polling booths? Why not New Hamp- movie Fahrenheit 9/11 premiered in counties with over 720 complaints. Among the shire where KERRY won where Demo- Washington, D.C. According to U.S. key issues identified in the complaints ob- crat operatives allegedly slashed News and World Report, the New York tained were: wheels of vehicles intended to take Re- Times and the National Journal, one of (1) Confusion about how to implement provi- publicans to the polls? Why not Wis- the few Senators who attended its pre- sional ballot requirements; consin which KERRY won where Demo- mier was Senator BARBARA BOXER. In (2) A significant number of Harris County crat operatives physically intimidated his movie, Mr. Moore said it was voters having not received absentee ballots; Republican voters? Or why not even shameful that not one U.S. Senator ob- (3) Apparent vote switching in Harris and Colorado where a Democrat worker jected to the electoral vote in Florida. Travis Counties on e-Slate voting machines with ACORN signed herself up to vote Two days ago on January 4, 2005, the associated with straight party voting; 25 different times? Or why not New same Michael Moore published a new (4) Stringent and obtrusive identification re- Mexico where a 13-year old was reg- letter to Senator BOXER reminding quirements; (5) Voter intimidation; and istered to vote by the same Democrat them that they did not object to the (6) Confusion among voters about straight front group? And why not some of the electoral vote count 4 years ago, and he party voting. other problems that were going on in requested they rise and object to the Mr. Speaker, the fact-finding made by the Ohio, why do we not talk about them? vote count from Ohio today. Today, in Committee on the Judiciary, my colleague For example, in Franklin County in fact, Senator BOXER objected to the from Ohio, my constituents and the constitu- Ohio where a dead person was reg- vote count. Does Michael Moore and ents in many other districts makes it more istered to vote, or 25 addresses were the people in the Michael Moore wing than clear that additional and more focused submitted for the same man, why are of the Democrat Party really think the hearings are required as to the irregularities in they not concerned about that? Or why American people and their elected rep- the Ohio presidential election and around the not raise a question about Lake Coun- resentatives are so stupid that we country. Furthermore, the election law requires ty where a man who had been dead for could be tricked into objecting to these reform in order to make voting more fair, con- 20 years was registered to vote? electoral results. Well, the answer, I sistent, and representative. We must lead by Our Democrat colleagues do not seem think, is yes. example. We must act in the true spirit of de- to be concerned about that, and yet Michael Moore told a British news- mocracy. here is the serious charge of that com- paper, ‘‘Americans are possibly the Mr. KINGSTON. Mr. Speaker, I rise plaint by Reverend Bill Moss: A, that dumbest people on the planet. Our stu- to request permission to address the there was a computer in the White pidity is embarrassing.’’ In Germany, House. House hooked up to voting booths in Mr. Moore told the German people,

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 232 CONGRESSIONAL RECORD—HOUSE January 6, 2005 ‘‘You can see us Americans coming the well-funded campaign of Senator The SPEAKER. The gentleman from down the street. We have that big grin KERRY, it is clear that Ohio has failed Ohio is recognized for 5 minutes. on our face all the time because our to run a fair election. Mr. BOEHNER. Mr. Speaker, elec- brains are not loaded down.’’ When Secretary of State Blackwell tions are divisive activities in our com- Regarding those who are now killing refused to recognize thousands of new munities, in our States, and in our Americans in Iraq, Michael Moore said, voter applications because they are not country. After an election, and after ‘‘The Iraqis who have risen up against on postcard-weight paper, it is clear the divisiveness, there needs to be a pe- the occupation are not insurgents or that Ohio has failed to run a fair elec- riod of healing to bring our commu- terrorists or the enemy, they are the tion. And where Secretary Blackwell, nities, our States, and our Nation back revolution, the minutemen, and their in violation of his statutory duty to in- together. I think JOHN KERRY was very numbers will grow and they will win.’’ vestigate election irregularities, re- graceful in his concession to George Mr. Speaker, how many normal peo- fused to investigate or remedy any of Bush to begin the healing process in ple in this country really believe that a the hundreds of cases of voter intimi- our country so that when we the Con- terrorist like al-Zarqawi is the same as dations reported to him, it is more gress come back to work, we have an Paul Revere? I ask my colleagues to than clear that Ohio has failed to run a opportunity to come back together to vote no on this objection. fair election. do the people’s work. Ms. WATERS. Mr. Speaker, I rise to Mr. Speaker, we are now over 4 years That healing period over the last sev- request permission to address the beyond the nightmare of Florida in the eral months has been interrupted by an House. 2000 election. I chaired the Democratic activity without merit. I think the pro- The SPEAKER. The gentlewoman Caucus Election Reform Committee. ceeding today will cause great harm to from California (Ms. WATERS) is recog- We traveled all over this country. We this institution and great harm to our nized for 5 minutes. held hearings. I worked with Members country at a time when we should be Ms. WATERS. Mr. Speaker, I dedi- of this House to pass HAVA, Help coming together to get ready to do the cate my objection to Ohio’s electoral America Vote Act. Yet, is there anyone serious work the American people sent votes to Mr. Mike Moore, the producer who can say we have a fair election us here to do. of the documentary Fahrenheit 9/11, system or this is the best we can do? I regret that. The Constitution clear- and I thank him for educating the The 2004 election in Ohio and else- ly gives the responsibility for running world on the threats to our democracy where revealed that enormous prob- elections to the States. All the States and the proceedings of this House on lems remain in our election systems have their rules and regulations. In the acceptance of the Electoral College and HAVA simply does not address Ohio we have heard clearly, it is a very votes for the 2000 Presidential election. those problems. It is stunning to me bipartisan process, two Democrats, two The Democratic Judiciary Com- that in the 21st century we continue to Republicans in each of the 88 counties. mittee Staff Report clearly establishes use horse-and-buggy procedures to con- I have not heard one election official in that the State of Ohio has not met its duct our elections. It is amazing but any of the 88 counties, Democrat or Re- obligation to conduct a fair election. true that in many jurisdictions we use publican, raise any concern about the Ohio’s partisan Secretary of State, Mr. more sophisticated technology to run outcome or the fairness of the election Kenneth Blackwell, I am ashamed to the daily lottery than we devote to our that occurred in their counties. If we really want to have a debate say an African American man has election system. Incredibly even in about how elections are run, that de- failed to follow even Ohio’s election those few jurisdictions that have bate ought to occur at each of the 50 procedures, let alone procedures that moved to electronic voting to avoid the State where they in fact comply with Federal law and constitu- problem of chads and punch cards, we ought to look at what happened in tional requirements. Our ancestors who do not require a verifiable paper trail their State. They ought to be making died for the right to vote certainly to protect against vote tampering. If adjustments. But the election officials must be turning over in their graves. an ATM machine can give each user a are doing the best they can, and I do Mr. Speaker, I traveled to Ohio where receipt that that user can reply upon, think that what is happening today is the gentleman from Michigan (Mr. then a voting machine should also be able to give a receipt. really an indictment of the good work CONYERS) convened hearings, and I lis- Mr. Speaker, the issue before us is of many of those people in our States. tened to citizen after citizen describe not whether the problems in the Ohio So I would ask my colleagues, let us the Ohio election debacle. When there election were outcome determinative, get this behind us, quickly; and let us is a shortage of voting machines that although they could have been, it is come here to do what the American leads to lines of up to 10 hours to cast whether the State has met its obliga- people sent us here to do. a vote in precincts that are predomi- tion to provide every voter with an Mr. Speaker, I yield to my colleague nant minority and Democratic voters, equal opportunity to vote and have his and friend, the gentleman from Ohio forcing countless prospective voters to vote counted. We must not allow these (Mr. OXLEY). leave without voting, and where a egregious violations to be trivialized. Mr. OXLEY. I thank the gentleman number of Democratic precincts had There is no constitutionally acceptable for yielding. fewer machines than were used in the level of inequality in access to voting Mr. Speaker, I want to associate my- , despite the certainty in Federal elections. self with the remarks of my good friend of a much higher turnout in the hotly Mr. Speaker, there is no conceivable and colleague from Ohio. I am amazed contested general election for Presi- justification for disqualifying a vote at how many experts on Ohio election dent, it is clear that Ohio has failed to for President or Senator on the count law we have in this Chamber. I had no run a fair election. that a legally qualified voter shows up idea that so many Members from all When Mr. Blackwell arbitrarily and to cast his vote in the right State but over the country would have such a unreasonably refused to provide provi- the wrong precinct. Why could we not working knowledge of the Ohio elec- sional ballots to voters who were in the count that voter’s ballot? The voter’s toral process. My friend from Ohio and right county but the wrong precinct, or intent is clear. There is no question as others have explained it quite well how to voters who requested but did not re- to the voter’s right to vote for the we work very well on a bipartisan ceive an absentee ballot in a timely President of the United States or Sen- basis. Indeed, our election laws in Ohio manner, it is clear that Ohio has failed ator. We can ensure that the voter does are quite adequate to the task despite to run a fair election. When a county in not cast a provisional ballot in more the fact that we had a huge number of Ohio shows more votes cast than reg- than one location. voters, an unprecedented number of istered voters, or when another Ohio registrants, and some adjustments to county shows an underfunded Demo- b 1515 the new voting system; but I think we, cratic State Supreme Court candidate Mr. BOEHNER. Mr. Speaker, I rise to by everybody’s estimation, did quite getting substantially more votes than address the House. well.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 233 I know my friend from Michigan had Something is very wrong with our our electoral system. However, these new sys- a tough November with the Buckeyes voting process. Every vote must count. tems have not been without flaws. Software beating the Wolverines and, of course, Every vote must be counted. We have errors used in Florida’s 2002 election lost over earlier in November with the loss of his got to fix this, and I thank the gen- 100,000 votes, and at least 15 states, includ- Presidential candidate; but we should tleman from Ohio (Mr. NEY) for his ef- ing Texas, reporting irregularities in their not try to overturn the presidential forts, but we have got more work to do. equipment throughout our most recent elec- race any more than we should try to Mr. Speaker, I yield to the gentle- tions. overturn the outcome of the Ohio woman from Illinois (Ms. SCHA- Under HAVA, this body provided billions of State-Michigan game despite what my KOWSKY). dollars to the states to replace old lever voting friend from Michigan might want. This Ms. SCHAKOWSKY. Mr. Speaker, booths and punch card voting machines that is a time, as my friend from Ohio said, nothing is more critical to the founda- produced the infamous ‘‘hanging chads’’ in for reflection, for healing, for getting tion of our democracy than the guaran- Florida with more high-tech machines. How- on with the business of the Nation. teed right to vote. In the 2004 Presi- ever, this new technology conceals the most This exercise, unfortunately, has dis- dential election, there were voters in important part of the election process: the re- tracted our country from that worthy every State, including the pivotal cording and counting of votes. goal. For that, I am truly sorry. State of Ohio, who were denied that While there are no federal elections being Ms. KILPATRICK. Mr. Speaker, I ask right; and each time it happened, the constested in Texas, there are three State to address the House for 5 minutes. foundation is weakened. That is why I House elections that are being reviewed in- The SPEAKER. The Chair recognizes join my colleagues today in objecting cluding one in my hometown of Houston. All of the gentlewoman from Michigan for 5 to the counting of Ohio’s electoral these election contests were brought by Re- minutes. votes. I commend my colleagues in this publican candidates even though there are Ms. KILPATRICK. Mr. Speaker, House of the people and the Senate who Republican county clerks and the Secretary of whether we like it or not, on November are raising this objection for their 2 across America, tens of thousands of State is a Republican. While the process of courage, and I am proud to join them. people were unable to cast their vote. contesting election results in our country is a There is little disagreement that Many voted and their votes were not peaceful process, I question how much faith irregularities did occur. The question counted. I rise to support the gentle- the American people have in our ability to ac- is what are we going to do about it. It woman’s effort from Ohio. I thank her curately report election results. Surveys lead- is simply not sufficient to tell the los- very much. Our United States Con- ing up to the 2004 Presidential election indi- ers in this election to get over it, or to stitution gives us the opportunity and cated as many as 42 percent of Americans accuse them of sour grapes, or to say the right to represent the millions of anticipated problems with our voting system people that we represent daily to be on we are doing the best we can. It is our and they were right. this House floor today. This is their patriotic duty to stand up for every I strongly belive voting standards should call right to speak through us on what hap- voter no matter his or her race or for a paper trail in case a vote needs to be au- pened to them on November 2. The party affiliation and demand that Con- dited. Without such requirements, even having rules of the House of Representatives gress act to expand voter protection uniform standards would not enable us to ac- allow us as elected representatives, and guarantee voter rights. curately rely on a final vote count without a representing 700,000 plus people apiece, Once all the facts are determined, a paper trail. Several states including my home the right to be on this floor at this national demand for electoral reform state of Texas do not have the ability to print time. This is the only way as we rep- must force Congress to finally finish a ballot for verification purposes. The inability resent those people that we might ex- the job begun under the Help America to conduct a complete audit of elections re- press their dismay that they felt on Vote Act, HAVA, including voter- sults is bad public policy and it’s detrimental November 2. As our leader said, this verified paper trail. We cannot simply for our democrary. has nothing to do with overturning the sit back and accept the results as if Americans deserve the ability to confirm election. This is why we are sent here nothing happened or possibly illegal their vote and our democracy depends on the to represent, and that is what we are activities had taken place in precincts accuracy of our election process. It is time for doing. throughout Ohio. Those Ohio election this body to require that each voter receives Regardless of what we have heard the officials who denied voters provisional verification that their vote was accepted and last hour and a half, we the Members ballots, a portion of the voting reform counted. No election is perfect, but we all de- on this side of the aisle object to the bill that I championed, must be held serve an election system that enables us to process that failed many Americans on accountable along with those who al- correct errors when they occur. November 2. Long lines, cold, in the lowed machines to be tampered with, This country served as a guide to Afghani- rain. It was in Ohio that we talk today; eligible voters to be purged illegally, stan in their historic elections on October 4 of but Michigan, a neighboring State, had and voters to be intimidated. last year and now, we are assisting Iraq to many problems. I was in my voting This is our chance to demonstrate to make their first open election in history a suc- area called down to count the votes our citizens and the world that Ameri- cess on January 30. If we are to serve as the after the polls closed. All day long we cans are constantly working to perfect world’s model of democracy, we must ensure had reports of intimidation, of men in our own democracy. that every vote is counted, and if need be, is suits intimidating my voters, asking Ms. KILPATRICK. Mr. Speaker, I able to be recounted accurately and fairly. We for identification every time they went yield to the gentleman from Texas (Mr. cannot serve as the model of democracy if our to vote all day long. But they stayed in GENE GREEN). own democratic process is flawed line, they pressed forward, and they Mr. GENE GREEN of Texas. Mr. Mr. PORTMAN. Mr. Speaker, I rise voted. Speaker, just for history purposes, I to address the House. Something was very wrong on No- think in the 1960s we might have heard The SPEAKER. The gentleman from vember 2. When the polls closed at 11 the same thing when we had the Voting Ohio is recognized for 5 minutes. o’clock that night, November 2, and we Rights Act that needed to be passed by Mr. PORTMAN. Mr. Speaker, Ameri- were there overlooking the vote, men this Congress. cans turned out in record numbers and in suits were touching my vote I rise today to address an issue that is at their votes have been counted. Presi- counters, touching our ballots. I went the core of our democracy: our ability to en- dent Bush won with more votes than on TV, live TV, the 11 o’clock news and sure that each vote cast by an American is any other Presidential candidate in the said, That is a felony. You cannot counted. history of our great country. In Ohio, touch our counter. You cannot touch Voting irregularities have been a major con- in fact, the votes were counted and our voters. You cannot touch the bal- cern in our country for decades In October then recounted, and President Bush lots. It could have been Michigan, but 2002, this body passed the Help America Vote won by over 118,000 votes in my State. you chose Ohio; and I am here to stand Act (HAVA) in order to eliminate voting irreg- No election is ever perfect. They with you today. ularities and restore integrity and reliability to never are. But there is absolutely no

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We could not agree JOHN KERRY won Minnesota, but by dential elections, an increasing number more. That is why we have HAVA. only 98,000 votes. JOHN KERRY won Wis- of elections across the country are That is why we are going to refine it consin, but by only 11,300 votes. being marred with allegations of ma- further. That is why we need to con- I want to thank my Republican col- nipulation, chicanery, trickery, intimi- tinue our work, as many speakers on leagues today for not raising objections dation and outright illegal acts of our side of the aisle have said, to be to those results in those States. We fraud, thievery, and violence. need to move on. I hope what we will sure that every vote is indeed counted. b 1530 But that is not what this objection is do today, Mr. Speaker, is that we will about. This objection from the other vote overwhelmingly, Republicans and All of these acts and actions have side of the aisle, and I am going to Democrats alike, just as the other body served to undermine confidence in our quote one of my colleagues who said, it has just voted. I am told the vote was electoral system, disrupt the process of is about ‘‘massive and widespread voter 74–1 to turn down the objection in the normalcy, and are beginning to shake irregularities in the State of Ohio.’’ United States Senate. I hope we will the very foundation of our democracy. Not so. come together as Democrats and Re- Mr. Speaker, Thomas Paine once I also read in the challenge lots of ir- publicans today to vote down this ob- said, ‘‘The right of voting for rep- responsible conspiracy theories about jection, not to continue this cynical resentatives is the primary right by what happened in Ohio. I was there. It political ploy to try to somehow which all rights are protected. To take did not happen. I also heard today from delegitimize the Presidency of the away this right is to reduce a man to the other side of the aisle that no one United States and his election, but slavery.’’ Therefore, Mr. Speaker, has answered any of these questions. rather to move forward and get on to based upon an inordinate number of al- That is wrong. the very important work that we have legations suggesting gross voter rights One of the concerns that has been before us today. allegations and misconduct, I join with raised time and time again, most com- Mr. Speaker, I yield to my colleague, my colleagues and object to counting monly raised, is that in Warren Coun- the gentleman from Cincinnati, Ohio the State of Ohio’s electoral votes and ty, a district that I represent and a (Mr. CHABOT). urge that we pass a strong Voting Mr. CHABOT. I thank the gentleman city that I represent, that somehow Rights Protection Act to guard against for yielding. any further attempts to manipulate there was not a fair election because Mr. Speaker, let us face it. This is people were locked out. Yes, the media and erode our democracy. nothing more or less than an attempt Mr. Speaker, I yield to the gentle- was locked out in the Warren County to sow doubt on the legitimacy of this woman from the District of Columbia board of elections. It happened. But President. It is an attempt to weaken (Ms. NORTON). here is Jeff Ruppert, a lawyer for the President Bush, and it is unfortunate Ms. NORTON. Mr. Speaker, I thank Kerry-Edwards campaign who was in- because we have much work to do in the gentleman for yielding to me. side and saw nothing unusual: ‘‘It was this House and in the Senate putting If we are the democracy we say we as clear and open as it could possibly this country on the right track. be,’’ he said. Other witnesses included, On November 2, 2004, George W. Bush are, we must show it today by taking of course, the Democratic members of received a majority of the votes cast in on the astonishing problems in our na- the election board and several Demo- this country, including the State of tional system of elections that can no crats who were hired to help count the Ohio, the State that I happen to be a longer be blinked away. Ohio’s often votes. Member of this House. As a Congress- brazen irregularities bring forward this As has been said time and time again man from Cincinnati, Ohio, I had an debate, but the Buckeye State is only in Ohio, we have got a pretty good sys- opportunity to go to dozens of polling the poster child for the nationwide sys- tem. It is totally bipartisan, two places, both in urban areas in my city tem of voting that has been discredited Democrats, two Republicans, every sin- of Cincinnati and also in suburban in the eyes of millions of voters. I gle board in every county of our 88 areas. I have talked to many, many watched the long lines nationwide and counties in our great State. people; and most people agree that this here in the District with both exhilara- This is not the time, ladies and gen- election was conducted professionally tion and pain, exhilaration that finally tlemen, to obstruct the will of the and fairly and freely. we were getting what we asked for, American people. It is time to get our News sources reporting on the elec- with so much enthusiasm for voting work done. It is time to govern, not to tions have said that few mainstream that people were standing in line the object. Let us be clear. This is not politicians doubt President Bush’s vic- way they do for million dollar lottery Americans forcing their will on the tory. However, rather than certifying tickets; pain that long lines would American people. This is the views of the 2004 election in accordance with surely discourage many voters, par- Ohioans that have been clearly ex- the Constitution and Federal law and ticularly first-time voters, people of pressed. Every objective observer starting the work that we were elected color, young people, and many others agrees. In fact, every newspaper in the to do, we are forced today to engage in who wanted to believe that voting State of Ohio agrees. Every editorial essentially partisan debate by our col- could matter in their lives. The long page agrees. leagues across the aisle. That is most lines in the District were especially We have heard some quotes today. unfortunate. poignant because citizens were waiting Here is one I love from the Cleveland A nonpartisan group such as for hours to vote for a Member of Con- Plain Dealer. It says: ‘‘The 176 Demo- electionline.org that pushed for elec- gress who herself could not cast a vote crats who sit on Ohio’s 88 county elec- tion reform placed Ohio at the top of for them in this House. tion boards pondered their jurisdic- the list. Let us get back to our busi- Ohio’s close and contentious vote tions’ results, accepted their subordi- ness. speaks for the country about virtually nates’ good work, and are now turning Mr. DAVIS of Illinois. Mr. Speaker, I all the problems of the last election, their energies toward the future. Are rise to address the House. from voting machine access to voting they all dupes in some Machiavellian The SPEAKER. The gentleman from intimidation and the absence of na- Republican scheme? Or do they simply Illinois is recognized for 5 minutes. tional standards for the basics. It will have a firmer grasp of reality than that Mr. DAVIS of Illinois. Mr. Speaker, take time and bipartisan determina- displayed by a handful of unrelenting the most basic and fundamental prin- tion to make us proud of our elections.

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Until then, one reform could begin the forms on 80-weight paper. He issued a Mr. DELAY. Mr. Speaker, I rise to process of restoring confidence in our directive which ultimately was re- claim the remainder of the time. elections. If all else fails, voting ma- versed which resulted in confusion and The SPEAKER. The gentleman from chines, polling place controversy, con- chaos among counties with regard to Texas is recognized for the remainder fused or partisan election officials, a provisional ballots. of the time. provisional ballot that, if valid, will But be that as it may, the objection Mrs. JONES of Ohio. Mr. Speaker, count, can help heal voting flaws until today is raised because there are irreg- can I ask how much time that is? we enact a real cure. We have got a ularities across this country with re- The SPEAKER. In the tradition of failsafe for almost everything else, gard to voting and we as a Congress the House, the gentleman from Texas from bullet proof vests to backups for have an obligation to step up to the will be heard for such time as he may computers. Let us fix our system this plate and correct them. All voters consume. year, including with failsafes for voting ought to be allowed to vote early. Mr. DELAY. Mr. Speaker, what is to save our democracy. There should be established a national happening here today is amazing but Mr. SCOTT of Virginia. Mr. Speaker, holiday for elections to bring attention not surprising. Mr. Speaker, what we will the gentleman yield? to the importance of voting. We should are witnessing here today is a shame. A Mr. DAVIS of Illinois. I yield to the require those working at the voting shame. The issues at stake in this peti- gentleman from Virginia. booth to be fairly compensated, ade- tion are gravely, gravely serious. This Mr. SCOTT of Virginia. Mr. Speaker, quately educated, and sufficiently sup- is not just having a debate. But the functional democracy requires that the ported such that the job importance specific charges, as any objective ob- citizens have confidence in an election will be elevated. We need to provide server must acknowledge, are not. process and of course confidence that them equipment, whether it is punch That is because the purpose of this pe- all legitimate votes will be counted. card, electronic, whatever it is, that it tition is not justice but noise. Clearly the State of Ohio is not able to be fully tested, fully calibrated, and It is a warning to Democrats across provide such confidence. that there be a paper trail. the country, now in the midst of soul First, there is a significant unex- What happened in Ohio may well searching after their historic losses in plained, uninvestigated difference in have been repeated across this country; November, not to moderate their par- exit polling results and the reported yet that is no excuse for us to push the ty’s message. election results. There are specific un- irregularities behind us and go on with It is just the second day of the 109th resolved allegations of other election the business of the day. This is an im- Congress and the first chance of the problems, particularly the long lines in portant enough issue that all the peo- Democrat congressional leadership to some precincts that were caused not ple across America want us to address show the American people what they because of an unanticipated voter turn- it, they want us to deal with it, and have learned since President Bush’s out but because of insufficient voting they want us to correct it. historic reelection, and they can show I thank all of my colleagues for giv- machines in the precinct. Other allega- that, but they have turned to what ing me an opportunity to be heard, for tions were widespread and none of might be called the ‘‘X-Files Wing’’ of giving us an opportunity to address the these allegations was investigated. the Democrat Party to make their first issue. impression. I know, Mr. Speaker, that this objec- Mr. CONYERS. Mr. Speaker, will the Rather than substantive debate, tion is somewhat awkward because it gentleman yield? does not have the apparent support for Mr. BUTTERFIELD. I yield to the Democrat leaders are still adhering to the candidate involved, but I believe it gentleman from Michigan. a failed strategy of spite, obstruction, is our responsibility to ensure that Mr. CONYERS. Mr. Speaker, I want and conspiracy theories. They accuse election results meet the spirit and let- to thank all the Members of the House the President, who we are told is ap- ter of our Constitution and that we who have stayed here with us, who parently a closet computer nerd, of have confidence in the process by dem- have participated in the debate, who personally overseeing the development onstrating that voting schemes and have shared their views, as different as of vote-stealing software. irregularities are not ignored. many of them are, because this is the We are told, without any evidence, Mr. Speaker, I would hope that we way we work. that unknown Republican agents stole would take this in consideration as we This debate, I think we all know, will the Ohio election and that its electoral review this election return so that this not change the outcome of the Novem- votes should be awarded to the winner does not happen again. ber election. But we do know that out of an exit poll instead. Mr. BUTTERFIELD. Mr. Speaker, I of today’s debate, the Congress will re- Many observers will discard today’s rise to address the House. spond to the challenge that has been petition as a partisan waste of time, The SPEAKER. The gentleman from raised here in connection with a better but it is much worse than that. It is an North Carolina is recognized for 5 min- system of voting, not just for Ohio but assault against the institutions of our utes. for everywhere. A challenge has been representative democracy. It is a Mr. BUTTERFIELD. Mr. Speaker, I raised here this afternoon to hold true threat to the very ideals it ostensibly rise in support of the challenge. bipartisan hearings to get to the bot- defends. No one is served by this peti- Mrs. JONES of Ohio. Mr. Speaker, tom of not just what went wrong in tion, not in the long run. And in the will the gentleman yield? Ohio but around the Nation on Elec- short term, its only beneficiaries are Mr. BUTTERFIELD. I yield to the tion Day. This day, the first time in its proponents themselves. gentlewoman from Ohio. our history, that since 1877 this law has Democrats around the country have Mrs. JONES of Ohio. Mr. Speaker, I been used in which the Senate and the asked since Election Day, and will no thank my colleagues for this oppor- House have come together to say that doubt ask again today, how it came to tunity to debate this very important an objection has enough merit to keep this. The Democrat Party, the party issue. In Ohio there is a bipartisan sys- us here in this discussion. that was once an idealistic, forward- tem at the county level. However, Join us. Enact real election reform looking, policy colossus. The New Deal, every board of election member serves and give the citizens the right to an op- the Marshall Plan, the Great Society, at the behest or discretion of the Sec- erative provisional ballot and give all the space program, civil rights. And retary of State, Kenneth Blackwell, voters a verifiable paper trail. We yet today one is hard pressed to find a who, in fact, was the co-chair of the should never fear this debate in the single positive substantive idea coming Bush campaign. Congress, and I hope that today we from the left. I want to go on to say that, for exam- have a fair debate and that 4 years Instead, the Democrats have replaced ple, Secretary Blackwell issued a direc- from now, Mr. Speaker, we have an statecraft with stagecraft, substance tive to local boards of election man- election that all our citizens can be with style, and not a very fashionable dating rejection of voter registration proud of. style at that. The petitioners claim

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 236 CONGRESSIONAL RECORD—HOUSE January 6, 2005 that they act on behalf of were obviously irregularities in the Ohio vote Ohio. I believe those problems have not been disenfranchised voters, but no such and I urge that they be thoroughly investigated properly addressed by Ohio’s Secretary of voter disenfranchisement occurred in by this Congress and the Department of Jus- State, who also served as the State’s Repub- this election of 2004 and for that mat- tice. We have an obligation to resolve the lican Party leader. ter the election of 2000. problems that have been documented. How- It is my hope that these specific problems b 1545 ever, I would have voted against the motion will be further investigated and that by the because I do not believe this to be the proper 2008 presidential election our Nation’s elec- Everybody knows it. The voters occasion to address this important issue. toral process will be more fair, more open and know it, the candidates know it, the Ms. ESHOO. Mr. Speaker, the debate today more accessible than it was in 2004. courts know it, and the evidence proves is not about contesting the results of the last Mr. MEEK of Florida. Mr. Speaker, Ohio it. November’s election. Today’s debate cuts to was granted an opportunity today not afforded We are not here to debate evidence, the essence of our democracy—the founding to my home state of Florida in 2000, and for but to act our roles in some scripted, principle of our country—the right to vote. that I am thankful. I express my gratitude to insincere morality play. Clearly, the right to vote is dependent on the Congresswoman STEPHANIE TUBBS JONES of Now, just remember: pre-election assurance that all voters have access to the Ohio and Senator BARBARA BOXER of Cali- memos revealed that Democrat cam- polls and that all votes will be counted. But fornia for raising this objection, but I feel that paign operatives around the country since the presidential election in 2000 the we must now move past the documented vot- were encouraged by their high com- American public has grown increasingly wary ing irregularities that plagued the State of mand in Washington to charge voter of the accuracy and integrity of our elections, Ohio. fraud and intimidation regardless of and I applaud my colleagues for their efforts to The purpose of this objection is not to whether any of it occurred. Remember, bring focus to this issue. It’s essential that we change the outcome of the 2004 Presidential neither of the Democrat candidates bring attention to the serious problems facing election, but to raise awareness to the dif- supposedly robbed in Ohio endorse this our electoral system. ficulty faced by thousands attempting to cast petition. It is a crime against the dig- It’s up to Congress to restore confidence in their ballots for President in Ohio. Following nity of American democracy, and that our elections, and I call on all Members to the 2000 election, the people of America were crime is not victimless. make this a priority in the 109th Congress. promised sweeping electoral reforms aimed at The Democrat leadership came down The 2000 Presidential Election spurred a se- preventing problems like those that happened to the floor and said this is a good de- ries of reforms, and Congress took important in 2000, but those promises were only partially bate; we ought to be having a debate on first steps to improve our system of voting. I kept. This body let the voters of this country this issue. was proud to cosponsor the Help America down, and we simply need more reform. This is not a normal debate. This is a Vote Act, which did much to upgrade our elec- There is still too much room for error in our direct attack to undermine our democ- toral process and create national standards for election law and we must be earnest in ad- racy by using a procedure to under- conducting elections. However, I’m dis- dressing these lapses. mine the constitutional election that appointed that subsequent efforts to increase We know that elections are not perfect, but was just held. the security and reliability of our Increased Ac- no American should be castigated for raising If, as now appears likely, Democrats countability Act in the 108th Congress, I sup- questions or concerns when valid voting prob- cry fraud and corruption every election ported requiring verifiable paper trails for all lems arise. Only open debate on this issue will regardless of the evidence, what will voting machines, a step that would provide a solve these problems; only accurate informa- happen when one day voters are rou- significant boost to voter confidence and allow tion will quell rumors and conspiracy theories tinely intimidated, rights are denied, for expedited recounts. Unfortunately, this leg- that question our country’s sacred democratic or, God forbid, an election is robbed? islation was not considered prior to the 2004 tradition. What will happen? What will happen election, and the House majority leadership re- As we are all aware, the former Soviet Re- when, God forbid, this quadrennial cry- fused to even bring it up in committee. This public of Ukraine’s recent presidential elec- ing wolf so poisons our democratic issue must be revisited and legislation should tions were called into question. After the first processes that a similarly frivolous pe- be promptly passed in the 109th Congress. vote, Members of Congress from both sides of tition in a close election in the future Democratic elections are the foundation of the aisle condemned this election in a foreign is actually successful, and the Amer- all democracies, and thousands of Americans country as fraught with irregularities and intimi- ican people are denied their constitu- have died—and continue to die every day—for dation. Yet some of these same Members rise tional right to choose their own Presi- the right to vote. The United States of America in apparent indignation when irregularities are dent? should set the standard for fair and accurate discussed in our own elections in our own Mr. Speaker, Democrats must find a elections, and the reported irregularities tell us country. They do not want to talk about the way to rise above this self-destructive that we continue to fall short. One need not voting problems in Ohio. Yet these problems and, yes, plain destructive theory of believe in conspiracy theories or maintain that are real, and they deserve the attention of the politics for its own sake. A dangerous the outcome in Ohio was invalid to recognize American people. They provide compelling precedent is being set here today, and that we still suffer from serious shortcomings reasons why the Congress must address elec- it needs to be curbed, because Demo- in our electoral process. tion reform in the first session of the 109th crat leaders are not just hurting them- I urge my colleagues not to let this oppor- Congress. selves. By their irresponsible tactics, tunity slip buy. We must promptly pass elec- The Help America Vote Act of 2002 was a they hurt the House, they hurt the Na- toral reforms that will ensure that the results of good start, a necessary first step, but it was tion, and they hurt rank-and-file our elections are beyond reproach and accept- inadequately funded and unevenly imple- Democrats at kitchen tables all around ed by all voters. mented. More attention is needed. We must this country. Mr. STUPAK. Mr. Speaker, I regret that I ensure that all voting machines have a paper The American people, and their an- was not able to attend today’s vote regarding trail that will ensure a proper recount can be cestors who invented our miraculous the objection to the November 2004 electoral conducted. We must eliminate conflicts of in- system of government, deserve better college results in Ohio. This recorded vote terest among those who administer our State’s than this. This petition is beneath us, was not expected and came up at the last elections. No Secretary of State should serve Mr. Speaker; but, more importantly, it minute. I was unable to return for the vote in as a Presidential campaign State co-chair as is beneath the men and women that we time due to bad weather in the Midwest that was the case in Ohio this year and in Florida serve. resulted in more than 1,000 flights being de- in 2004. We simply must have independence, Mr. Speaker, I urge my colleagues, layed or cancelled. Due to the problem with uniformity and accountability in all elections both Democrat and Republican, to do flights and a prior family commitment, I was across our great republic. the right thing. Vote ‘‘no,’’ and let us unable to travel back to Washington, DC from These lapses, inconsistencies, lack of re- get back to the real work that the Michigan. Had I been in attendance I would sources and conflicts of interest are, Mr. American people hired us to do. have voted ‘‘no’’ on agreeing to the objection. Speaker, worth discussing. Mr. PASCRELL. Mr. Speaker, I strongly be- However, I have very serious concerns Again, I thank those who brought this objec- lieve that every vote should be counted. There about the voting irregularities that occurred in tion. These two Members of great courage

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00086 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 237 and integrity have given this country a plat- How can we encourage free and fair elec- an electronic signal in a memory bank, no one form for reform. Only a proper review of our tions in Iraq, a country that may soon become will ever know. It might be a software error; it voting processes will stop these kinds of elec- a fledgling democracy, when we can’t ensure would not necessarily be a malicious con- toral abuses, and I urge the House leadership free and fair elections in America after 200 spiracy. But if the vote is recorded incorrectly, to make this effort an immediate priority of the years of democracy. no one will ever know. 109th Congress. As a Member of Congress it is my duty to I ask my colleagues, can anyone say he or Mr. SCOTT of Virginia. Mr. Speaker, a func- uphold the right of the people to have free and she knows that the actual vote is what has tioning democracy requires that the citizens fair elections of their government officials. It is been presented to us? The answer is no. have confidence in its election process, and of my hope that this Congress will work together None of us can say this knowledge has been course confidence that all legitimate votes will in the coming months to enact real election re- independently verified. It is not reliable knowl- be properly counted. We saw the importance form that will restore America’s confidence in edge unless it is verified knowledge. This is of this principle in the recent Ukraine national the electoral process. not a philosophical fine point. Americans don’t election and in the Washington State Gov- Mr. MARKEY. Mr. Speaker, I thank Rep- want to and should not have to take the re- ernor’s election. resentative TUBBS JONES and Senator BOXER sults simply on faith. The electronic machines Clearly, the State of Ohio is not able to pro- and Representative JOHN CONYERS for forcing used in Ohio and most other States are not vide such confidence. First there is a signifi- this institution, and thus our Nation, to debate designed to be verifiable. Recounts are mean- cant, unexplained and un-investigated dif- the quality of our democratic voting process ingless. ference in exit polling results and the reported and to consider whether it meets the expecta- Self-government works only if we believe it election results. Then, there are many specific, tions of its people. does. A loss of confidence in our system is serious, unresolved allegations of voting irreg- If we are to form a more perfect union, we fatal to a democratic republic such as ours. ularities in Ohio. For example, strong evidence must dedicate ourselves to forming a more That confidence has been eroded over the exists to indicate that in some predominately perfect voting process. years and has taken some body blows in re- Black precincts, voters had to stand in line to Four years ago, this Nation shuddered at cent years. vote for as much as 10 hours due, not to an the weakness of our ballot process, and We need a major effort to shore up our de- unanticipated voter turn out, but to a clearly in- vowed to improve it. mocracy. sufficient number of voting machines at the But in some respects, it was weakened fur- Americans are a trusting people, but we de- precinct. ther. mand evidence. We demand verification. Other allegations include evidence that nu- The ballot was weakened when votes were We are also a pragmatic people, and so we merous requests for provisional ballots were allowed to be cast without a printed record. in the House will not upset the apple cart improperly denied, that the counting of provi- The ballot was weakened when the vote today. Without doubt we will endorse the elec- sional ballots violated the Help America Vote took so long that voters had to choose be- toral votes presented to us today. But we Act and that there were over 90,000 ballots tween voting and missing a day’s work. should not be satisfied. Republicans should cast which were set aside as spoiled ballots The ballot was weakened when provisional not be satisfied. Democrats should not be sat- without justification. Not one of these allega- ballots were not honored. isfied. The reason is not that President Bush tions was officially investigated. We must confront the fact that electronic got more votes. The reason is that the knowl- Now I know that this objection is somewhat voting machines that do not provide a ‘‘print edge of President Bush’s majority is unreliable awkward because it does not have the appar- our’’ are a black hole. knowledge. ent support of the candidate involved, but I be- We can do better. Our ATM machines give Anything of value should be auditable. lieve it is our duty and responsibility to assure receipts in return for cash. It is clearly not a Votes are valuable. Each voter should have that election results meet the spirit and the let- technological barrier to provide a receipt in re- the knowledge that the vote is recorded as in- ter of our Constitution and that we instill con- turn for a vote. tended. We are talking today about the heart fidence in the process by demonstrating that This is America. We are the incubator for of our democratic republic. voting schemes and irregularities are not ig- democratic evolution. We are a beacon to the Mr. BISHOP of Georgia. Mr. Speaker, I rise nored. free world. Ohio had special problems this today, not with the hope of overturning an Mr. MEEKS of New York. Mr. Speaker, al- time, but they are problems we can fix, and election, but with the hope of overturning a though I will not file an objection to the count- when we fix them in Ohio, we will have made system that has for too long failed to guar- ing of Ohio’s electoral votes, I rise today to ac- the progress in 2005 that we failed to make antee every American their most basic right, knowledge the voting discrepancies and irreg- over the last 4 years. the right to vote. ularities that occurred in the State of Ohio in I am voting to support this challenge to the Our very democracy was founded on the this past presidential election. certification of Ohio’s vote as a legitimate and essential right of citizens to have a voice in As is evident in my colleague JOHN CON- constructive beginning to a more perfect de- their government. As Members of Congress YERS’s voting rights status report, Ohio has mocracy and a more perfect union. we are sworn to uphold the Constitution of the failed to provide the opportunity for its citizens Mr. HOLT. Mr. Speaker, this debate is not United States, which includes the 13th and to have equal access and opportunity to cast frivolous. This is not about sour grapes. This 19th Amendments, and I am quite frankly sad- their vote and have that vote accurately count- is not about conspiracy theories. This is about dened that such a debate today breaks down ed. the central act of democracy. along party lines. Each and every one of us as Many voters were denied provisional ballots Here in the House of Representatives all Americans should stand to defend this right, to and some eligible voters were improperly members have been elected. Some of us protect and guarantee that every citizen, purged. Others were given erroneous informa- have been elected in recounts. black, white, male, female, Democrat or Re- tion as to where and when they could vote. What are recounts? They are independent publican, has the opportunity to cast a vote. The State provided insufficient resources to checks of the tally. As representatives we should not fear the minority precincts, resulting in long lines that Reliable knowledge is verifiable knowledge. will of the people; we should not fear a debate caused delays up to 10 hours, forcing some As my colleagues know, I am a scientist. It is here on the floor of the House seeking to shed voters to have to leave those lines to tend to a principle of scientific thinking that one per- light on and improve our voting system, rather personal obligations. son’s claim must be subject to independent we must fear any threat to our right to vote. There were rampant incidents of voter in- confirmation or correction. We must take seriously any allegation that timidation, deceptive phone calls and fraudu- I agree with Senator JOHN KERRY. We would deprive any citizen of this right, let lent fliers on official looking letterhead. should today award Ohio’s electoral votes to alone the serious and widespread allegations The lack of a verifiable paper trail by some President Bush. I believe President Bush got that are being make in Ohio. of the electronic voting machines contributed more votes in Ohio then did Senator KERRY. I The debate today is not about the election to a questionable vote count. believe it. I cannot confirm it. No one can con- of George W. Bush, rather it is about the in- Clearly, Ohio’s election officials, including firm it. tegrity and the future of our voting system. Secretary of State Blackwell, have questions Consider electronic voting machines. If there Today we are challenging ourselves to do bet- to answer regarding these disturbing irregular- was an error between the voter casting the ter. We are challenging ourselves to examine ities. vote on the touch screen and the recording of our voting system, to get to the bottom of what

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00087 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 238 CONGRESSIONAL RECORD—HOUSE January 6, 2005 went wrong in Ohio and around the Nation on Mr. Blackwell’s decision to restrict provi- dential candidate in history; (v) in Cuyahoga Election Day. We need to hold hearings. We sional ballots resulted in the disenfranchise- county, poll worker error may have led to need to conduct an investigation and we need ment of tens, if not hundreds, of thousands of little known third party candidates receiving twenty times more votes than such can- to pass legislation that puts in place specific voters, again predominantly minority and Democratic voters. didates had ever received in otherwise reli- federal protections for our federal elections, Mr. Blackwell’s widely reviled decision to ably Democratic leaning areas; (vi) in Miami especially in the areas of auditing electronic reject voter registration applications based county, voter turnout was an improbable and voting machines and casting and counting pro- on paper weight may have resulted in thou- highly suspect 98.55 percent, and after 100 visional ballots. We must be willing to hold the sands of new voters not being registered in percent of the precincts were reported, an same light on our election system that we hold time for the 2004 election. additional 19,000 extra votes were recorded on nations such as Afghanistan, Ukraine, and The Ohio Republican Party’s decision to for President Bush. Iraq. How can we serve as a model for de- engage in preelection ‘‘caging’’ tactics, se- Third, in the post-election period we lectively targeting 35,000 predominantly mi- learned of numerous irregularities in tal- mocracy, when our own citizens lack faith in lying provisional ballots and conducting and our democracy? nority voters for intimidation had a negative impact on voter turnout. completing the recount that disenfranchised That is what today is about, restoring faith The Ohio Republican Party’s decision to thousands of voters and call the entire re- in our system. This can not be accomplished utilize thousands of partisan challengers count procedure into question (as of this by simply accepting the status quo and allow- concentrated in minority and Democratic date the recount is still not complete): ing opportunities such as today to pass with- areas likely disenfranchised tens of thou- Mr. Blackwell’s failure to articulate clear out objection. The only way to change an in- sands of legal voters, who were not only in- and consistent standards for the counting of justice is to stand against it. Mr. Speaker, this timidated, but became discouraged by the provisional ballots resulted in the loss of is why I rise today. We must not accept the long lines. Shockingly, these disruptions thousands of predominantly minority were publicly predicted and acknowledged by Mr. Blackwell’s failure to issue specific status quo, rather we must challenge our- standards for the recount contributed to a selves to do better. This is what we do as Republican officials: Mark Weaver, a lawyer for the Ohio Republican Party, admitted the lack of uniformity in violation of both the Americans and this is what I am challenging challenges ‘‘can’t help but create chaos, Due Process Clause and Equal Protection us to do today. longer lines and frustration.’’ Clauses. The voting computer company Triad has Ms. CORRINE BROWN of Florida. Mr. Mr. Blackwell’s decision to prevent voters essentially admitted that it engaged in a Speaker, in the aftermath of the 2000 election, who requested absentee ballots but did not course of behavior during the recount in nu- in which my congressional district witnessed receive them on a timely basis from being merous counties to provide ‘‘cheat sheets’’ to the discarding of 27,000 votes, I am dis- able to receive provisional ballots likely those counting the ballots (Preserving De- disenfranchised thousands, if not tens of pleased to see that the Congress is here mocracy, What Went Wrong in Ohio, A Re- thousands, of voters, particularly seniors. A again today, 4 years later, continuing to con- port Put out by Democratic Judiciary Com- federal court found Mr. Blackwell’s order to front many of the same problems we faced in mittee Staff). the previous election. Many Members of Con- be illegal and in violation of HAVA. Second, on election day, there were numer- Moreover, in my State of Florida, the prob- gress here to voice their own concerns, as ous unexplained anomalies and irregularities lems that surfaced regarding the 2004 election well as echo those of citizens across the involving hundreds of thousands of votes related more to pre election irregularities. Ex- county, are engaging in floor debate to pub- that have yet to be accounted for: amples are plentiful, examples include: Duval licly enunciate their doubts and worries with There were widespread instances of intimi- County, where I had to personally fight to get respect to the veracity and/or fairness of the dation and misinformation in violation of additional early voting locations in the county the Voting Rights Act, the Civil Rights Act 2004 election. The goal of my colleagues is so citizens could vote early if they so desired; not so much to systematically overturn the of 1968, Equal Protection, Due Process and the Ohio right to vote. Mr. Blackwell’s ap- in Orlando, along with many of my Florida col- 2004 election results, but rather, to bring leagues, I demanded a Department of Justice about honest and open debate today to the parent failure to institute a single investiga- tion into these many serious allegations rep- investigation into police misconduct and voter House floor. Clearly, a formal challenge to the resents a violation of his statutory duty intimidation, in which the Florida Department election’s outcome could not change the re- under Ohio law to investigate election irreg- of Law Enforcement officers intimidated elderly sults, but what it can do is to at least force ularities. members of Orlando’s black community, both Chambers to engage in open debate and We learned of improper purging and other wherein armed plain clothes police in Orlando speak clearly about the serious flaws we have registration errors by election officials that went house to house to question, or rather in- experienced in our last two presidential elec- likely disenfranchised tens of thousands of timidate, dozens of elderly African American tions. I believe this debate is beneficial for our voters statewide. The Greater Cleveland voters in their own homes. It is not surprising democracy, particularly in light of recent Voter Registration Coalition projects that in Cuyahoga County alone over 10,000 Ohio citi- to me that many of the people that were ques- events that went on in my State in Florida, as zens lost their right to vote as a result of of- tioned were volunteers in get out the vote well as apparent discrepancies in Ohio. ficial registration errors. campaigns. Lastly, we saw once again that With respect to the Ohio vote count, I find There were 93,000 spoiled ballots where no the objections stated by my close friend and the Florida elections supervisors were on the vote was cast for president, the vast major- verge of incorrectly purging thousands of Flor- colleague, Congresswoman STEPHANIE TUBBS ity of which have yet to be inspected. The JONES, to be most disturbing. According to her problem was particularly acute in two pre- ida citizens from the voting rolls, an action press statement, among the numerous dis- cincts in Montgomery County which had an which fortunately was never completely carried crepancies in her state, perhaps the most undervote rate of over 25 percent each—ac- out because of a CNN lawsuit requesting to egregious included: ‘‘large percentages of re- counting for nearly 6,000 voters who stood in see the names on their list. jections among provisional ballots, numerous line to vote, but purportedly declined to vote Let us remember that during the 2000 elec- for president. problems with voting machines, and significant tions, in my district alone (Duval County) there There were numerous, significant unex- were approximately 27,000 ballots that were flaws in registration processes and proce- plained irregularities in other counties dures.’’ These very serious concerns, I be- spit out by faulty machines. A disproportion- throughout the state: (i) in Mahoning county ately large percentage of these votes came lieve, deserve to be discussed and debated by at least 25 electronic machines transferred the Congress, in an open public forum in full an unknown number of Kerry votes to the from City Council Districts 7, 8, 9 and 10, pri- view of the American public. Bush column; (ii) Warren County locked out marily African American residential areas. In addition, I would like to enumerate nu- public observers from vote counting citing Even more disturbing to me was that the Su- merous other discrepancies that were con- an FBI warning about a potential terrorist pervisor of Elections’ office didn’t release tained in a report put out by the Judiciary threat, yet the FBI states that it issued no these figures to local officials until after the 72 such warning; (iii) the voting records of hour deadline had passed. As a result, there Committee entitled, Preserving Democracy, Perry county show significantly more votes What Went Wrong in Ohio, about the 2004 were no legal avenues to demand a recount. than voters in some precincts, significantly Moreover, it often goes unpublished that elections: less ballots than voters in other precincts, The misallocation of voting machines led and voters casting more than one ballot; (iv) Florida Governor Jeb Bush spent $4 million of to unprecedented long lines that in Butler county a down ballot and under- taxpayer money to purge a list of suspected disenfranchised scores, if not hundreds of funded Democratic State Supreme Court felons from the rolls across the State: but thousands, of predominantly minority and candidate implausibly received more votes whether or not this list was accurate was of lit- Democratic voters. than the best funded Democratic Presi- tle importance to Governor Bush. Apparently,

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00088 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 239 it was the responsibility of the accused citizen Phone calls and fliers targeted African fraud, the obstruction of legitimate votes (es- to correct his or her status. Only later did we American voters sending them to vote on the pecially those cast by African Americans and learn that the reason many of the people were wrong day at the wrong locations. young people), and computer voting machine incorrectly purged (estimates go as high as Long-time voters ‘‘disappeared’’ from voting manipulation. The Ohio recount was tainted by 50–57,000) was merely because their name rolls. a lack of cooperation, the failure to follow con- was the same as, or similar to, one of the Voting machines ‘‘defaulted’’ to Bush votes sistent standards, and conflicts of interest by purged felons. For this reason, during the regardless of which candidate the person Republican election officials. 2000 elections, some of the local election su- voted for. A constituent of mine from Chamblee Geor- pervisors went so far as to refuse to purge People were forced to vote provisionally if gia wrote that ‘‘If Senate Democrats remain si- names from the list of their voter rolls be- they were in the right county but the wrong lent on Thursday, and we see a repeat of their cause, they argued, ‘they did not have faith in precinct. Sometimes the right precinct was lit- 2000 endorsement of a manipulated election, how the state compiled its list of disqualified erally only one table away. the Democratic Party will have abandoned all voters.’ And as we did in Georgia—I’m sorry to say, claims to be the opposition. Americans who Moreover, as part of a grassroots effort to too many voters in Ohio cast ballots on ma- care about democracy and fair elections encourage voters, particularly minorities, to get chines running trade secret protected, propri- should understand such silence as an en- out to the polls, I organize motor voter drives. etary software, which produced no contem- dorsement of the kind of Republican election Yet during the last election, many voters, es- poraneously voter verified paper audit trail of engineering we witnessed in Ohio and of the pecially African Americans, were wrongly their votes, leaving voters intentions subject to Bush agenda.’’ purged from registration lists, and many who untraceable electronic manipulations. The founders ratified our Constitution, but The Green and Libertarian Presidential can- had signed up at state motor voter vehicle of- under popular protest very quickly adopted a didates demanded a recount because the sto- fices never had their voter registration fully set of amendments demanded by the people. ries of vote suppression and manipulation processed. As a result, these voters were Among those first changes to our governing were so blatant. Three thousand volunteers disenfranchised as well. It is for this reason Constitution were two Amendments designed and six thousands contributors came together that provisional balloting is so important to ensure that our nation would continue to to make that recount possible. (wherein if a voter has not re-registered after serve the people of this nation. The First But Secretary Blackwell, charged with pro- moving within the same county, he or she may Amendment guarantees our right to petition, viding for free and fair elections for the people cast a provisional ballot at the polling place of speak, write and assemble: in short to orga- of Ohio fell short. While the law requires that their current residence). Unfortunately, to this nize politically to change our form of govern- precincts be selected randomly for spot day, the state of Florida STILL does not com- ment. The Second Amendment was adopted checks, many counties hand-picked precincts pletely follow through with provisional balloting to ensure the ‘‘security of a free State.’’ If we in violation of the law. cannot protect the sanctity of the vote and because, in Florida, if one casts a provisional Ohio law requires that a discrepancy be- ballot in a voter precinct which is not their those First Freedoms, we risk leaving our citi- tween the machine count and the hand count zens no choice but to reach for the Second own, their vote will be discarded. in a spot checked precinct lead to a full re- To close, I reiterate that I strongly support Amendment in their own defense. count by hand of the entire county. But these There have been 1,341 U.S. soldiers, in- today’s Floor discussion, and pledge to con- hand recounts were not conducted as re- tinue to do everything within my capacity as a cluding twenty-nine Georgians and two from quired. my district that have so far lost their lives in Member of Congress, and as the Democratic The integrity of the recount itself was put at our occupation of Iraq. I grieve with the fami- Party’s Voting Task Force, to improve our vot- risk by lax security for the ballots and the vot- lies for their loss. But what are we to do when ing system to ensure that everyone’s vote is ing machines, which failed to maintain a chain we attempt to export democracy abroad when counted in future elections, and that our de- of custody for election materials. we can’t seem to even produce it at home. mocracy remains just that, a democracy, not a Credentialled observers were denied an op- Ms. MILLENDER-MCDONALD. Mr. Speaker, plutocracy ruled by the elites. portunity to meaningfully observe the recount today it is with a respect of my past ancestors Ms. MCKINNEY. Mr. Speaker, many have process, were threatened with eviction for ask- that I rise to list my name with my fellow col- suggested that those of us committed to see- ing questions and completed their work still leagues, who have come to address the dis- ing a complete and accurate count of the Ohio unable to assure the voters that the certified enfranchisement of many voters who were un- vote in this past November’s Presidential race results accurately reflected the collective inten- able to cast their votes in the most funda- should simply ‘‘just get over it’’. tion of the voters in their counties. mental exercise of democracy—voting for the Well this Member of Congress has sworn an The Ohio Secretary of State failed to pro- vide adequate and uniform standards for the President of the United States. oath to ‘‘uphold and defend’’ our nation’s Con- As the sole member of the Congressional stitution, and I do not believe that our commit- conduct of the recount. Perhaps as disturbing as anything else, was Black Caucus and the only woman to serve on ment to Democracy is anything we should ‘‘get the Committee on House Administration, I over’’. In fact, our commitment to democracy that Ohio Secretary of State J. Kenneth Blackwell mixed his non-partisan duties to the have received numerous letters from constitu- is something I believe we must deepen and ents and citizens whose outcry is of faulty expand until this dream is transformed into a voters of Ohio with his partisan duties as the co-chair of the his state’s Bush Re-election equipment and irregularities in this last Presi- reality for every citizen of this nation. dential election. But democracy is not to be achieved by an campaign. We need: Mr. Speaker, the breadth and depth of what investment in the latest computer technology occurred in Ohio surrounding this past Presi- (even if computers can help us administer our A Constitutional right to vote; Uniform standards for the conduct of elec- dential election is astounding and naturally elections). It is not achieved by rhetoric and calls into question the validity of our electoral flags, pomp and feel good myths of what a tions and recounts; A contemporaneously produced voter process. great nation we are. verified paper trails for electronic voting ma- However, the larger picture requires that we Democracy will only be achieved by listen- chines; must engage a debate of our voting process ing closely to the intention of the voters and An end to the use of trade-secret protected, as it represents the bedrock of our democratic hearing clearly from them what a great nation proprietary software for voting machines; society. they wish this to be. Independent election commissions (or ad- The Judiciary Committee, under the request I’m afraid that has not happened in Ohio nor ministrators) to oversee elections. (No cam- of Congressman JOHN CONYERS, found that likely in other states this year. paign officials should ever again be placed in voter registration applications were incorrectly Predominantly African-American precincts charge of counting or overseeing the vote); rejected; registered voters were wrongfully and campus precincts saw localized shortages and purged from the rolls; inadequate numbers of of voting machines leading to long lines frus- The abolition of the Electoral College, re- voting machines were used resulting in voters trating would-be voters who left for work with- placing it with popular vote using Instant Run- waiting hours to vote; and voter intimidation out casting a ballot. Precincts in affluent, white off Voting. and misinformation was insidious at voting and Republican suburbs did not suffer such As can be learned at votecobb.ord, the re- sites. This caused the disenfranchisement of problems. count documented wide spread evidence of thousands of voters across the country.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00089 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 240 CONGRESSIONAL RECORD—HOUSE January 6, 2005 Mr. Speaker, I represent the voices of my I commend the gentlewoman from Ohio for Mr. Speaker, we can argue all day about constituents in the 37th district of California raising this issue, and commit to work with her what did or did not happen with the election in who are calling on this Congress to fully fund and the rest of my colleagues in our con- Ohio, the procedures that were or were not the Help American Vote Act. I have also called tinuing quest to assure that all Americans’ used there, or about the voting machines. The on the President to fully fund HAVA to remedy votes are counted. issue we are addressing today, however, is the ill-fated processes and procedures that Mr. DEFAZIO. Mr. Speaker, as even the the fundamental right of every American to currently exist. sponsors of today’s challenge to the Ohio vote vote. I am not challenging the outcome of the Our country cannot be seen as the example acknowledge, the protest is not intended to try past election today. What I am challenging is of democracy in the world when there are to overturn the results of the 2004 election. the fact there are people in America who have lines of voters wrapped around the corner un- President Bush won the state of Ohio and the been denied the right to vote. And that, Mr. able to vote and exercise this fundamental popular vote. Speaker, is wrong. right. However, like in 2000, the most recent elec- People from around the world watched the We must do everything in our power as a tion was marred by multiple irregularities, alle- State of Ohio with great interest on Election representational body to make sure that every gations of fraud, and technical challenges. To- Day. Widespread reports of irregularities and voter votes and that every vote is counted. We day’s debate provides an important oppor- waiting times in excess of 4 hours were ex- must reform our election process so that the tunity to discuss on the House floor our con- tremely troubling to all of us. outcome of future elections will not bring us tinuing concerns about the integrity of our I just returned from the Ukraine, where again to this same place. electoral process, which has been called into some of my colleagues and I had the privilege I will continue to call for further hearings that question by the last two Presidential elections. to observe the second election there. As we will help alleviate the irregularities in voting, Others have mentioned many of the specific are all well aware, incidence of irregularities, and put into action the implementation of vot- concerns about the process in Ohio. Many of voter intimidation and fraud during the first ing best practices. these problems were seen in other states as Ukrainian election were widespread and well Ms. DEGETTE. Mr. Speaker, the American well. In response to the widespread problems, documented. People from all over the world electoral system is the paragon of democracy I wrote to the Government Accountability Of- watched both of the Ukraine elections. And we for the world. Therefore, we must hold our- fice in November requesting an investigation have all been deeply moved by the success of selves to the highest standards when we con- of these irregularities and a review of whether democracy there. The triumph of the Ukrainian duct elections. There can be no doubt about tougher federal voting standards are nec- people’s will has been profound. the outcomes, no questions about fairness or essary to resolve them. While Congress did Mr. Speaker, a success for the democratic fraud. Where there is even a whiff of impro- approve election reform legislation in response process like the one we just witnessed in the priety, we have an obligation to act, and in a to the problems in 2000, more needs to be Ukraine doesn’t just happen on its own. It bipartisan manner. done to restore the integrity of the electoral The fundamental underpinning of our de- takes the courage and conviction of a coun- process. try’s citizens to rise up and challenge what mocracy is our guarantee that every citizen One of the most blatant shortcomings is the they feel is wrong. If the people feel that irreg- has the right to vote. Over the last 225 years lack of a paper trail for many electronic voting ularities or intimidation have taken place, they we have worked slowly, but steadily, to ex- machines. In 2003, I cosponsored legislation must stand up to it. They must shed light on pand this right. We have corrected grievous to rectify this problem. Regrettably, the Repub- injustices that once prevented too many of our lican Congress refused to act on it. So we it. They must insist it be prevented from ever fellow citizens from having a voice in our de- headed into this last election knowing that happening again. Much of the international community, includ- mocracy. Despite these efforts, sadly, we have electronic votes could not be verified or re- ing the United States, has contributed money, had serious evidence of improprieties in both counted manually. Damaged machines and of the last Presidential elections. In 2000, the programming errors have actually expunged training and resources to help build democ- disenfranchisement of Florida voters took that all records of votes in isolated instances. That racy in countries like the Ukraine. Having the election all the way to the U.S. Supreme is unacceptable. I will continue to pressure the opportunity to go to the Ukraine, and to wit- Court. The 2004 Washington State guber- Republican leadership to allow a vote on this ness the process first hand, was an incredible natorial election took over 6 weeks to resolve, issue. experience for me and for my colleagues who and the Ohio voting process gives rises to In addition, I asked GAO to review the need were with me. To see the people in the grave concerns. for open-source computer code for these ma- streets, and to observe their profound sense In Ohio, and other states, voters in far too chines. The new technology must be acces- of satisfaction with the election was very pow- many precincts faced significant obstacles sible for review and audit. The voting public erful. It was clear to all of us who were there when they tried to vote. Ten-hour lines to vote, must be certain that the system cannot be ma- that the Ukrainian people had come to believe a lack of sufficient ballots, wrongly purged or nipulated, and that their vote is recorded prop- that people truly are empowered to challenge inaccurate voter registration roles and erly and accurately regardless of what system injustices when they occur. miscalibrated voting machines are unaccept- they use. Mr. Speaker, I cannot escape the parallels able. These actions not only call into question And, I asked that the investigation review we should draw between the issue we are ad- the integrity of our election results, they de- the need for uniform and simple standards for dressing today and my experiences during the prive individuals of the right to vote that too counting provisional ballots, registering voters, Ukrainian elections. In large numbers, the many people have fought and died to protect. and identification requirements at polling Ukrainian people took to their streets—not to We should have learned our lesson after the places. I believe strong federal standards in support a particular candidate—but to support 2000 election. I supported and co-sponsored these and possibly other areas are necessary democratic principles and the right for each strong voting reform legislation, including the for federal elections. The varied standards person’s vote to be counted fairly and Help America Vote Act. This was the most from state to state, and even within states, se- unencumbered. I am heartened that America comprehensive package of voting reforms riously endanger the integrity of our elections. has been able to offer assistance to countries passed by Congress since the Voting Rights We need to insure the integrity of our elec- like the Ukraine in establishing democracy. Act of 1965. It marked a first step, but only a toral process is absolutely beyond question. What we must realize, however, is that Amer- first step in modernizing our electoral process Until we fix the problems mentioned today, we ica may indeed have a few things to learn nationwide. will never be able to say with confidence that from their experience as well. While Congress did pass legislation, the every vote has been counted, and counted Mr. TIBERI. Mr. Speaker, I rise today to ex- 2004 election shows that we have not gone correctly and fairly. Election reform must be a press my disappointment with where we are far enough to restore integrity to the process. top priority of the 109th Congress. today and what this process has become. I’d We cannot continue to ignore this problem. Mrs. DAVIS, of California. Mr. Speaker, the like to start by pointing out just a few facts. We cannot allow Americans to be unjustly de- 2004 election is over, and the results are in. County boards of elections in Ohio are bi- prived of our fundamental right to vote or of I am not here today to dispute which can- partisan—made up of two Republicans and anyone to doubt the outcome of our elections. didate won the election. I join my colleagues two Democrats. These individuals routinely put Congress must develop a comprehensive and today in expressing concern, however, about in 12–15 hours a day for 3 months to oversee bipartisan solution to the problems that still the irregularities that have been documented elections in Ohio. I’ve spoken with Democratic plague our system. from the election in Ohio. members of the boards of elections in the

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00090 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 241 counties I represent. They too have expressed If this all seems to be the reaction of a Cuellar King (NY) Radanovich Culberson Kingston Rahall disappointment. In fact, not one board of elec- shell-shocked party who has lost any vision Cummings Kirk Ramstad tions official has raised complaints. and has moved to a vicious attack cycle—it is. Davis (AL) Kline Regula In fact, Franklin County Board of Elections The hard truth is that 58 million people voted Davis (CA) Knollenberg Rehberg Chairman William Anthony has gone so far as for President Bush. And the even harder truth Davis (FL) Kuhl (NY) Reichert to label those making these wild charges ‘‘a Davis (KY) Larson (CT) Renzi is that the majority of this country voted for Davis, Jo Ann Latham Reyes band of conspiracy theorists.’’ By the way, An- President Bush, no matter how you try to con- Davis, Tom LaTourette Reynolds thony is also head of the Franklin County fuse it. No proven allegations of fraud. No re- Deal (GA) Levin Rogers (KY) Democratic Party. I know him personally, as I DeGette Lewis (CA) Rogers (MI) ports of widespread wrongdoing. It was, at the DeLauro Lewis (KY) do others who serve on the boards of elec- Ros-Lehtinen end of the day, an honest election. DeLay Linder Ross tions in the three counties I represent. My concern with this protest, is its overtly Dent Lipinski Rothman Diaz-Balart, L. LoBiondo Democrat or Republican, they badly want Royce partisan nature. I notice that my colleagues Diaz-Balart, M. Lucas their candidates to win. But above all else, Ryan (OH) are quick to criticize the vote in Ohio, a state Dicks Lungren, Daniel Ryan (WI) they want to ensure that everyone eligible to Dingell E. that the President carried. Yet we have heard Ryun (KS) vote has an opportunity to do so, and that Drake Mack little about potential problems with voting in Sabo each vote is counted accurately. Dreier Manzullo states that Senator KERRY won. Rumors of Duncan Marchant Salazar Were there problems? Certainly. Long lines, ´ voter problems have been reported in states Ehlers Marshall Sanchez, Linda not enough voting machines, these are things T. other than Ohio, including my own state of Emerson McCaul (TX) we can discuss. But, we must also acknowl- Sanders Pennsylvania. But the focus today seems to Engel McCollum (MN) edge that these are problems that occurred English (PA) McCotter Saxton only be on a state carried by President Bush; Schwartz (PA) across the board—urban and rural, Repub- Etheridge McCrery and that leads me to believe that today’s pro- Feeney McGovern Schwarz (MI) lican and Democrat. Scott (GA) test is about the outcome not about the proc- Ferguson McHenry The Republicans and Democrats who Fitzpatrick (PA) McHugh Scott (VA) served on each county board of elections de- ess. Foley McKeon Sensenbrenner Sessions cide on the placement of voting machines I believe a good deal of the reason for the Fortenberry McMorris last election is the failure of the left to produce Foxx McNulty Shadegg jointly. I don’t think the Democrats would Franks (AZ) Meehan Shaw agree to a plan that would cost their can- a vision. And with an opportunity to regroup, Frelinghuysen Meek (FL) Sherman didates votes by shifting machines away from take responsibility and work hard; they have Garrett (NJ) Melancon Sherwood Shuster where their supporters cast ballots. walked away to the comforting shoulder of Gerlach Miller (MI) smear attacks. Gibbons Miller (NC) Simmons Second, there were lines everywhere be- Gohmert Miller, George Simpson cause of unprecedented turnout. As The Co- I say let’s move on to do what we were Goodlatte Mollohan Smith (NJ) lumbus Dispatch pointed out after the election, elected to do, make positive change in this Gordon Moore (KS) Smith (TX) country. It’s time we put partisan politics be- Green (WI) Moore (WI) Snyder the busiest places to vote were not in the Green, Al Moran (VA) Sodrel urban areas of Columbus, but in the suburbs. hind us. Green, Gene Murphy Solis All editorial boards of the major newspapers The SPEAKER. All time has expired. Hall Murtha Spratt in Ohio have said what we are doing today is The question is, Shall the objection Harman Musgrave Strickland Harris Myrick over the line. From the Cleveland Plain Deal- submitted by the gentlewoman from Taylor (MS) Hart Nadler Taylor (NC) er, ‘‘The election horse is dead. You can stop Ohio (Mrs. JONES) and the Senator Hastert Napolitano Thomas beating it now.’’ from California (Ms. BOXER) be agreed Hastings (WA) Neugebauer Thornberry Everybody talks about how partisan this to. Hayes Ney Tiahrt Hayworth Northup Tiberi town has gotten. I wonder why—look at how The question was taken; and the Hensarling Norwood Tierney Herger Nunes we’re starting the 109th Congress. Speaker announced that the noes ap- Turner Herseth Nussle In closing, I’d like to say a few words to peared to have it. Udall (NM) Hobson Oberstar boards of elections members—and all other Upton Mr. PORTMAN. Mr. Speaker, on that Hoekstra Obey Van Hollen elections workers—that they might not have I demand the yeas and nays. Holt Oxley Visclosky heard recently: The yeas and nays were ordered. Hooley Pastor Thanks. Your hard work is appreciated. Hostettler Pelosi Wamp The vote was taken by electronic de- Wasserman Mr. CONAWAY. Mr. Speaker, several mem- Hulshof Pence vice, and there were—yeas 31, nays 267, Hunter Peterson (MN) Schultz bers have mentioned the inconvenience that Watt not voting 132, as follows: Hyde Peterson (PA) many voters may have experienced on voting Inglis (SC) Petri Waxman day by having to stand in line to wait their turn [Roll No. 7] Israel Pitts Weiner Weldon (PA) YEAS—31 Istook Platts to vote. Jindal Poe Weller I want us to put that inconvenience into a Brown, Corrine Hinchey McKinney Johnson, Sam Pombo Westmoreland proper perspective. It goes without saying we Carson Jackson (IL) Olver Kanjorski Pomeroy Whitfield should eliminate any barrier to voting that we Clay Jackson-Lee Owens Kaptur Porter Wicker Clyburn (TX) Pallone Keller Portman Wilson (NM) reasonably can eliminate. That said, one day Conyers Johnson, E. B. Payne Kennedy (MN) Price (GA) Wolf last year the Afghan people got up early one Davis (IL) Jones (OH) Schakowsky Kennedy (RI) Price (NC) Wu morning, put on their best clothes and set out Evans Kilpatrick (MI) Thompson (MS) Kildee Pryce (OH) Young (AK) Farr Kucinich Waters King (IA) Putnam Young (FL) to vote for the first time. They left the safety Filner Lee Watson of their homes to vote at the express threat to Grijalva Lewis (GA) NOT VOTING—132 Woolsey their safety and very lives. They were threat- Hastings (FL) Markey Abercrombie Boyd Eshoo ened with being shot and killed or maimed by NAYS—267 Ackerman Brady (PA) Everett bombs. In addition, many stood in line all day Allen Capps Fattah Aderholt Bonilla Cantor Baca Capuano Flake to vote. Akin Bonner Capito Baird Cardin Forbes I believe we should look to the Afghan peo- Alexander Boozman Carnahan Baker Cardoza Ford ple for an example of how to fulfill our respon- Andrews Boren Carter Baldwin Coble Fossella sibility to vote. Bachus Boustany Case Bass Cooper Frank (MA) Barrett (SC) Bradley (NH) Castle Becerra Costello Gallegly Mr. SHUSTER. Mr. Speaker, I’ve been rath- Barrow Brady (TX) Chabot Berkley Crowley Gilchrest er mystified over the reaction to the recent Bartlett (MD) Brown (OH) Chandler Berman Cunningham Gillmor election by many Democrats. Since the No- Barton (TX) Brown (SC) Chocola Berry Davis (TN) Gingrey vember election, when a political opportunity Bean Brown-Waite, Cleaver Biggert DeFazio Gonzalez Beauprez Ginny Cole (OK) Bilirakis Delahunt Goode arises, some on the other side of the aisle Bishop (GA) Burgess Conaway Bishop (NY) Doggett Granger shout out words like ‘‘fraud’’ and ‘‘sham.’’ If Bishop (UT) Burton (IN) Costa Blumenauer Doolittle Graves they aren’t doing that they demean what the Blackburn Butterfield Cox Bono Doyle Gutknecht Blunt Buyer Cramer Boswell Edwards Hefley people in the red states did on Election Day Boehlert Calvert Crenshaw Boucher Emanuel Higgins and call them insulting names. Boehner Camp Cubin

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 242 CONGRESSIONAL RECORD—HOUSE January 6, 2005 Hinojosa Meeks (NY) Shimkus Mr. WALDEN of Oregon. Mr. Speaker, I toral vote will resume. The tellers will Holden Menendez Skelton would respectfully request that today’s take their chairs. Hoyer Mica Slaughter Inslee Michaud Smith (WA) RECORD reflect that I was in my home State of The two Houses retired to consider Issa Millender- Souder Oregon attending a longstanding official event separately and decide upon the vote of Jefferson McDonald Stark when I learned of the vote relating to Mrs. the State of Ohio, to which objection Jenkins Miller (FL) Stearns JONES of Ohio’s objection to the certified re- has been filed. Johnson (CT) Miller, Gary Stupak Johnson (IL) Moran (KS) The Secretary of the Senate will re- Sullivan sults of the Electoral College balloting in the Jones (NC) Neal (MA) Sweeney State of Ohio and was unable to return to port the action of the Senate. Kelly Ortiz The Secretary of the Senate read the Kind Otter Tancredo Washington, DC in time for today’s vote. I Kolbe Pascrell Tanner would like the RECORD to reflect that had I order of the Senate, as follows: LaHood Paul Tauscher been present I would have voted ‘‘nay.’’ Ordered, That the Senate by a vote of 1 aye Langevin Pearce Terry to 74 nays rejects the objection to the elec- Thompson (CA) Mr. BERMAN. Mr. Speaker, I was unavoid- Lantos Pickering toral votes cast in the State of Ohio for Larsen (WA) Rangel Towns able detained and therefore unable to cast a Leach Rogers (AL) Udall (CO) vote on rollcall No. 7. Had I been present, I George W. Bush for President and Richard Lofgren, Zoe Rohrabacher Vela´ zquez would have voted ‘‘no.’’ Cheney for Vice President. Lowey Roybal-Allard Walden (OR) Mr. SHAYS. Mr. Speaker, on January 6, I The VICE PRESIDENT. The Clerk of Lynch Ruppersberger Walsh the House will report the action of the Maloney Rush Weldon (FL) was conducting oversight in Southeast Asia of Matheson Sanchez, Loretta Wexler tsunami disaster relief efforts and, therefore, House. McCarthy Schiff Wilson (SC) missed one recorded vote. The Clerk of the House read the order McDermott Serrano Wynn of the House, as follows: McIntyre Shays I take my voting responsibility very seriously and would like the CONGRESSIONAL RECORD to Ordered, That the House of Representatives SWEARING IN OF MEMBER-ELECT reflect that, had I been present, I would have rejects the objection to the electoral vote of The SPEAKER (during the vote). voted ‘‘no’’ on recorded vote No. 7. the State of Ohio. Will the gentleman from Georgia (Mr. Mrs. MCCARTHY. Mr. Speaker, because of The VICE PRESIDENT. Pursuant to NORWOOD) please come to the well of illness, I was not present on the vote on the law, chapter 1 of title 3, United the House and take the oath of office agreeing to the objection on the Ohio electoral States Code, because the two Houses at this time. vote on January 6. Had I been present, I have not sustained the objection, the Mr. NORWOOD appeared at the bar of would have voted ‘‘nay.’’ original certificate submitted by the the House and took the oath of office, Mr. MICA. Mr. Speaker, I was unavoidably State of Ohio will be counted as pro- as follows: detained and was unable to vote on rollcall 7. vided therein. Do you solemnly swear that you will Had I been present, I would have voted ‘‘no’’ The tellers will now record and an- support and defend the Constitution of on this measure. nounce the vote of the State of Okla- the United States against all enemies, Mr. STEARNS. Mr. Speaker, I was unavoid- homa for President and Vice President foreign and domestic; that you will ably detained and missed rollcall No. 7. Had in accordance with the action of the bear true faith and allegiance to the I been present, I would have voted ‘‘no.’’ two Houses. same; that you will take this obliga- Mr. BASS. Mr. Speaker, on Thursday, Janu- Senator JOHNSON. Mr. President, tion freely, without any mental res- ary 6, 2005, I regrettably missed recorded the certificate of the electoral vote of ervation or purpose of evasion; and vote 7. Had I been present, I would have the State of Oklahoma seems to be reg- that you will well and faithfully dis- voted ‘‘nay.’’ ular in form and authentic, and it ap- charge the duties of the office upon PERSONAL EXPLANATION pears therefrom that George W. Bush which you are about to enter, so help Mr. KIND. Mr. Speaker, unfortunately, I had of the State of Texas received 7 votes you God. to fly back to Wisconsin for a military funeral for President, and DICK CHENEY of the ANNOUNCEMENT BY THE SPEAKER and missed rollcall vote No. 7. State of Wyoming received 7 votes for The SPEAKER (during the vote). The SPEAKER. The Clerk will now Vice President. Under clause 5(d) of rule XX, the Chair notify the Senate of the action of the Mr. LARSON of Connecticut. Mr. announces to the House that in light of House, informing that body that the President, the certificate of the elec- swearing in the gentleman from Geor- House is now ready to proceed in joint toral vote of the State of Oregon seems gia (Mr. NORWOOD) the whole number of session with the further counting of to be regular in form and authentic, the House is adjusted to 430 Members. the electoral vote for the President and and it appears therefrom that JOHN F. b 1702 Vice President. KERRY of the Commonwealth of Massa- Messrs. HALL, MORAN of Virginia MESSAGE FROM THE SENATE chusetts received 7 votes for President, and CUMMINGS changed their vote A message from the Senate by Mr. and John Edwards of the State of from ‘‘yea’’ to ‘‘nay.’’ Monahan, one of its clerks, announced North Carolina received 7 votes for Ms. MCKINNEY changed her vote that the Senate by a vote of 1 aye to 74 Vice President from ‘‘nay’’ to ‘‘yea.’’ nays rejects the objection to the elec- Senator LOTT. Mr. President, the So the objection was not agreed to. toral votes cast in the State of Ohio for certificate of the electoral vote of the The result of the vote was announced George W. Bush for President and RICH- Commonwealth of Pennsylvania seems as above recorded. ARD CHENEY for Vice President. to be regular in form and authentic, A motion to reconsider was laid on At 5:08 p.m. the Sergeant at Arms, and it appears therefrom that JOHN F. the table. Wilson Livingood, announced the Vice KERRY of the Commonwealth of Massa- Stated for: President and the Senate of the United chusetts received 21 votes for Presi- Mr. ABERCROMBIE. Mr. Speaker, due to States. dent, and John Edwards of the State of official travel today with the House Armed The Senate entered the Hall of the North Carolina received 21 votes for Services Committee, I was unable to cast my House of Representatives, headed by Vice President. vote on the challenge to the Electoral College the Vice President and the Secretary of Mr. NEY. Mr. President, the certifi- tabulation of votes for President and Vice the Senate, the Members and officers cate of the electoral vote of the State President of the United States. Had I been of the House rising to receive them. of Rhode Island seems to be regular in present, I would have voted to sustain the ob- The Vice President took his seat as form and authentic, and it appears jection to the Ohio electoral votes. the Presiding Officer of the joint con- therefrom that JOHN F. KERRY of the Stated against: vention of the two Houses, the Speaker Commonwealth of Massachusetts re- Mr. PASCRELL. Mr. Speaker, I was un- of the House occupying the chair on his ceived 4 votes for President, and John avoidably absent for the rollcall vote today on left. Senators took seats to the right of Edwards of the State of North Carolina challenging the Ohio electoral vote. Had I the rostrum as prescribed by law. received 4 votes for Vice President. been present, I would have voted ‘‘no’’ on roll- The VICE PRESIDENT. The joint Senator LOTT. Mr. President, the call 7. session of Congress to count the elec- certificate of the electoral vote of the

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 243 State of South Carolina seems to be Mr. NEY. Mr. President, the certifi- The SPEAKER. Pursuant to Senate regular in form and authentic, and it cate of the electoral vote of the State Concurrent Resolution 1, 109th Con- appears therefrom that George W. Bush of West Virginia seems to be regular in gress, the electoral vote will be spread of the State of Texas received 8 votes form and authentic, and it appears at large upon the Journal. for President, and DICK CHENEY of the therefrom that George W. Bush of the f State of Wyoming received 8 votes for State of Texas received 5 votes for MESSAGE FROM THE SENATE Vice President. President and DICK CHENEY of the Senator JOHNSON. Mr. President, State of Wyoming received 5 votes for A message from the Senate by Mr. the certificate of the electoral vote of Vice President. Monahan, one of its clerks, announced the State of South Dakota seems to be Senator JOHNSON. Mr. President, that the Senate by a vote of 1 aye to 74 regular in form and authentic, and it the certificate of the electoral vote of nays rejects the objection to the elec- appears therefrom that George W. Bush the State of Wisconsin seems to be reg- toral votes cast in the State of Ohio for of the State of Texas received 3 votes ular in form and authentic, and it ap- George W. Bush for President and RICH- for President, and DICK CHENEY of the pears therefrom that JOHN F. KERRY of ARD CHENEY for Vice President. State of Wyoming received 3 votes for the Commonwealth of Massachusetts f Vice President. received 10 votes for President and APPOINTMENT OF MEMBERS TO Mr. LARSON of Connecticut. Mr. John Edwards from the State of North ATTEND THE FUNERAL OF THE President, the certificate of the elec- Carolina received 10 votes for Vice LATE HONORABLE ROBERT T. toral vote of the State of Tennessee President. MATSUI seems to be regular in form and au- Mr. LARSON of Connecticut. Mr. thentic, and it appears therefrom that President, you should be justifiably The SPEAKER pro tempore (Mrs. George W. Bush of the State of Texas proud that the certificate of the elec- BLACKBURN). Pursuant to House Reso- received 11 votes for President, and toral vote of the State of Wyoming lution 11, and the order of the House of DICK CHENEY of the State of Wyoming seems to be in regular form and au- January 4, 2005, the Chair announces received 11 votes for Vice President. thentic, and it appears therefrom that the Speaker’s appointment of the fol- Senator LOTT. Mr. President, the George W. Bush of the State of Texas lowing Members of the House to the certificate of the electoral vote of the received 3 votes for President and DICK committee to attend the funeral of the State of Texas seems to be quite proud CHENEY of the State of Wyoming re- late Honorable Robert T. Matsui: in reflecting the regular form and au- ceived 3 votes for Vice President The gentleman from California, Mr. thenticity, and it therefore appears The VICE PRESIDENT. Members of STARK; that George W. Bush of that great Congress, the certificates having been The gentlewoman from California, State of Texas received 34 votes for read, the tellers will ascertain and de- Ms. PELOSI; The gentleman from California, Mr. President, and DICK CHENEY of the liver the result to the President of the GEORGE MILLER; State of Wyoming received 34 votes for Senate. The gentleman from California, Mr. Vice President. The whole number of electors ap- WAXMAN; Mr. NEY. Mr. President, the certifi- pointed to vote for President of the The gentleman from California, Mr. cate of the electoral vote of the State United States is 538. Within that whole LEWIS; number, a majority is 270. of Utah seems to be regular in form The gentleman from California, Mr. and authentic, and it appears there- The votes for President of the United THOMAS; from that George W. Bush of the State States are as follows: The gentleman from California, Mr. of Texas received 5 votes for President, George W. Bush of the State of Texas DREIER; and DICK CHENEY of the State of Wyo- has received 286 votes. The gentleman from California, Mr. JOHN F. KERRY of the Commonwealth ming received 5 votes for Vice Presi- HUNTER; dent. of Massachusetts has received 251 The gentleman from California, Mr. votes. Senator JOHNSON. Mr. President, LANTOS; the certificate of the electoral vote of John Edwards of the State of North The gentleman from California, Mr. Carolina has received one vote. the State of Vermont seems to be reg- BERMAN; ular in form and authentic, and it ap- The whole number of electors ap- The gentleman from California, Mr. pears therefrom that JOHN F. KERRY of pointed to vote for Vice President of GALLEGLY; the Commonwealth of Massachusetts the United States is 538. Within that The gentleman from California, Mr. received 3 votes for President and John whole number, a majority is 270. HERGER; Edwards of the State of North Carolina The votes for Vice President of the The gentleman from California, Mr. received 3 votes for Vice President. United States are as follows: COX; DICK CHENEY of the State of Wyo- b 1715 The gentleman from California, Mr. ming has received 286 votes. ROHRABACHER; Mr. LARSON of Connecticut. Mr. John Edwards of the State of North The gentleman from California, Mr. President, the certificate of the elec- Carolina has received 252 votes. CUNNINGHAM; toral vote of the Commonwealth of Vir- This announcement shall be a suffi- The gentleman from California, Mr. ginia seems to be regular in form and cient declaration of the persons elected DOOLITTLE; authentic, and it appears therefrom President and Vice President of the The gentlewoman from California, that George W. Bush of the State of United States for the term beginning Ms. WATERS; Texas received 13 votes for President January 20, 2005, and shall be entered, The gentleman from California, Mr. and DICK CHENEY of the State of Wyo- together with a list of the votes, on the BECERRA; ming received 13 votes for Vice Presi- respective journals of the Senate and The gentleman from California, Mr. dent. the House of Representatives. CALVERT; Senator LOTT. Mr. President, the The purpose of the joint session hav- The gentlewoman from California, certificate of the electoral vote of the ing concluded, pursuant to Senate Con- Ms. ESHOO; State of Washington seems to be reg- current Resolution 1, 109th Congress, The gentleman from California, Mr. ular in form and authentic, and it ap- the Chair declares the joint session dis- FILNER; pears therefrom that JOHN F. KERRY of solved. The gentleman from California, Mr. the Commonwealth of Massachusetts (Thereupon, at 5 o’clock and 18 min- MCKEON; received 11 votes for President and utes p.m., the joint session of the two The gentleman from California, Mr. John Edwards of the State of North Houses of Congress dissolved.) POMBO; Carolina received 11 votes for Vice The House was called to order by the The gentlewoman from California, President. Speaker. Ms. ROYBAL-ALLARD;

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00093 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 244 CONGRESSIONAL RECORD—HOUSE January 6, 2005 The gentleman from California, Mr. The gentlewoman from Ohio, Mrs. b 1730 ROYCE; JONES; AGREEMENT BETWEEN UNITED The gentlewoman from California, The gentlewoman from Minnesota, STATES AND RUSSIAN FEDERA- Ms. WOOLSEY; Ms. MCCOLLUM. TION EXTENDING MUTUAL FISH- The gentleman from California, Mr. f ERIES AGREEMENT—MESSAGE FARR; The gentlewoman from California, GENERAL LEAVE FROM THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 109– Ms. ZOE LOFGREN; Mrs. JONES of Ohio. Madam Speak- The gentleman from California, Mr. er, I ask unanimous consent that all 5) RADANOVICH; Members may have 5 legislative days The SPEAKER pro tempore laid be- The gentlewoman from California, within which to revise and extend their fore the House the following message Ms. MILLENDER-MCDONALD; remarks and include extraneous mate- from the President of the United The gentleman from California, Mr. rial on the subject of the objection of States; which was read and, together SHERMAN; today. with the accompanying papers, without The gentlewoman from California, The SPEAKER pro tempore. Is there objection, referred to the Committee Ms. LORETTA SANCHEZ; objection to the request of the gentle- on Resources and ordered to be printed: The gentlewoman from California, woman from Ohio? To the Congress of the United States: Mrs. TAUCHER; There was no objection. Consistent with the Magnuson-Ste- The gentlewoman from California, f vens Fishery Conservation and Man- Mrs. CAPPS; agement Act (16 U.S.C. 1801 et seq.), I The gentlewoman from California, A FURTHER MESSAGE FROM THE SENATE transmit herewith an Agreement be- Mrs. BONO; tween the Government of the United The gentlewoman from California, A further message from the Senate States of America and the Government Ms. LEE; by Mr. Monahan, one of its clerks, an- of the Russian Federation extending The gentleman from California, Mr. nounced that the Senate has passed the Agreement Between the Govern- GARY G. MILLER; without amendment a bill and a con- ment of the United States and the Gov- The gentlewoman from California, current resolution of the House of the ernment of the Russian Federation on Mrs. NAPOLITANO; following titles: The gentleman from California, Mr. Mutual Fisheries Relations of May 31, H.R. 241. An act to accelerate the income 1999, with annex, as extended (the ‘‘Mu- THOMPSON; tax benefits for charitable cash contribu- tual Fisheries Agreement’’). The The gentleman from California, Mr. tions for the relief of victims of the Indian present Agreement, which was affected BACA; Ocean tsunami. The gentlewoman from California, H. Con. Res. 2. Concurrent resolution pro- by an exchange of notes in Moscow on March 3, 2003, and January 30, 2004, ex- Ms. HARMAN; viding for a conditional adjournment of the The gentlewoman from California, House of Representatives and a conditional tends the Mutual Fisheries Agreement recess or adjournment of the Senate. Mrs. DAVIS; to December 31, 2008. The gentleman from California, Mr. f In light of the importance of our fish- HONDA; ELECTION REFORM eries relationship with the Russian The gentleman from California, Mr. Federation, I urge the Congress to give (Ms. JACKSON-LEE of Texas asked ISSA; favorable consideration to this Agree- and was given permission to address The gentleman from California, Mr. ment at an early date. the House for 1 minute and to revise SCHIFF; GEORGE W. BUSH. and extend her remarks.) The gentlewoman from California, THE WHITE HOUSE, January 6, 2005. Ms. JACKSON-LEE of Texas. Madam Ms. SOLIS; f Speaker, I said earlier, as I see my The gentlewoman from California, good friend and colleague on the floor, SPECIAL ORDERS Ms. WATSON; The gentleman from California, Mr. that this was a sacred and historic day, and I am gratified of the leadership of CARDOZA; ISSUES CONCERNING AMERICA The gentleman from California, Mr. the gentlewoman from Ohio (Mrs. JONES) and the gentleman from Michi- AND THE WORLD NUNES; The gentlewoman from California, gan (Mr. CONYERS), my ranking mem- The SPEAKER pro tempore. Under ber, who joined together with many of the Speaker’s announced policy of Jan- Ms. LINDA T. SA´ NCHEZ; The gentleman from California, Mr. us in Washington and Ohio to acknowl- uary 4, 2005, the gentlewoman from ACKSON EE DANIEL E. LUNGREN; edge the sanctity and sacredness of the Texas (Ms. J -L ) is recognized The gentleman from California, Mr. right to vote and the Constitution. for 60 minutes as the designee of the COSTA; We did not stand in bitterness or op- minority leader. The gentleman from New York, Mr. position to a person. We did not stand Ms. JACKSON-LEE of Texas. Madam RANGEL; to undermine the presidency of the Speaker, I will begin my remarks as I The gentleman from Minnesota, Mr. United States of America. But what we started this morning and as I contin- OBERSTAR; did do was to stand to uphold the Con- ued on the floor just a few minutes ago. The gentleman from Massachusetts, stitution and our oath of office taken It is good to be an American, and it Mr. MARKEY; on January 4, 2005, and that was to up- is certainly good to have Americans The gentleman from Michigan, Mr. hold the laws of this Nation. I am value their freedom, their justice, their KILDEE; grateful for this debate and the process democracy, and their Constitution. The gentleman from Michigan, Mr. of democracy so that the world can see I said earlier that the debate regard- LEVIN; in Afghanistan, Iraq, in Africa, South ing the election of a President had The gentleman from North Dakota, America, in Asia, and around the world nothing to do with any personal state- Mr. POMEROY; that America stands for equality and ment on the executive. But what it did The gentlewoman from Texas, Ms. justice. We have work to do, Madam have to do with is, I believe, a value for JACKSON-LEE; Speaker. There is no paper trail in our all Americans, and that is the value of The gentleman from Texas, Mr. HINO- process. There is an unequal system of valuing a vote; one vote, one person; JOSA; justice of voting in the States. This one vote counted and not uncounted. The gentleman from Ohio, Mr. KUCI- Congress must work in a bipartisan The reason why I rise is because I co- NICH; way to reform the election system of chair the Afghan Caucus, and I was The gentleman from New Jersey, Mr. America, and I ask my colleagues to do very proud to see the work that was HOLT; so. done by all of those around the world

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 245 that helped contribute to the election Might I say that my heritage is one community, those who came together process in Afghanistan. that is different from many Americans. to find out what they could do. I was equally proud of those who My ancestors came here as slaves. I am gratified that on this Sunday have sacrificed their lives; those who When the Constitution was written, they will come together again. January tried to vote but were undermined by they were less than one person. It took 9, 2004, we will be at the University of terrorists and others who were dis- constitutional amendments, the 13th, Houston Wellness Center in Houston, tracted away from the voting process. 14th and 15th, one to eliminate slavery, Texas, inviting all the community to And even though there is much dis- the others to provide equal process and come out and provide medical relief agreement many times about the proc- equal protection and due process. And and as well to save the children by pro- ess, we welcome democracy; President certainly it took the Constitution to viding diaper items and bottles and Karzai now has begun to turn Afghani- acknowledge every citizen’s right to other dry items for children who are in stan into a nation that welcomes the vote. need in these devastated areas. education of all people, that welcomes Therefore, I do not take lightly the I look forward as well to joining my the empowerment of women and the responsibility of fighting for voting colleagues in visiting Sri Lanka in the protection of human rights. rights, and that is why I stand today at days to come and hopefully bringing a So it is important today, January 6, the conclusion of this day to say to sense of hope to the people who are 2005, to reinforce that for our Nation, this House that we hope no one left now hopeless. for if we were to look at some of the in- here embittered, believing that this This is an important democracy in fractions, in my own county, in Harris should not have been done; that I will which I stand in the most powerful County, Texas, 270 voting failures; the get you in the appropriations process; I lawmaking body in this Nation. lack of voting places and voting equip- will make sure your bill does not pass; I am gratified to able to stand here, ment; equipment breaking down; voter I will see you in the committee room. one, to salute the process today that intimidation; voter suppression; equip- I hope that does not happen, Madam was one founded in democracy, equal ment showing one name, as in my par- Speaker. I hope that the collegiate re- protection and due process; but I am ticular election of the Eighteenth Con- sponse of the Speaker of the House, the also very grateful to stand here today gressional District, constituents voting gentleman from Illinois (Speaker to salute America and all of those who for me and my opponent’s name show- HASTERT), who presided, who I give have risen to the occasion in aid of ing up, who happened to be in the other great accolades for his demeanor and those in the Asian area that are suf- party. So it is very vital, Madam temperament, I hope that will be the fering from the tsunami devastation. Speaker, for us to take very seriously temperament of the Republican leader- I will also make mention of the legis- the democratic process. ship throughout this body’s time. I lation that is now gaining great bipar- Let me also say in the backdrop of a hope that individual Members will not tisan support, the temporary protec- terrible tragedy in Iraq, and when I say take it personally. I hope that they tive status to be given to those nation- tragedy, obviously what I mean is no will not undermine their oath of office als from those areas so devastated who reflection on the brave men and women and demean the dignity of this place by are not able to go back and their legal who fight every day, those who I vis- punishing people for utilizing democ- documents are expired. I hope we will ited and those whose greetings I bring move swiftly on that legislation, be- home to their families, but the tragedy racy. Then I would simply say that in the cause it will add to the humanitarian of a misdirected war, a war based on backdrop of the tragic loss of our good stance of the President of the United weapons of mass destruction that did friend and colleague, Bob Matsui, and States, the Secretary of State, the not exist, a war that was based on lib- the passing of our former colleague, United States Congress, and the Amer- eration, and we are still struggling for ican people. that, a war that is ongoing with no end Shirley Chisholm, two Members that We all can do better, and we can do in sight. We still are looking for an were so different in time and age but better united together. I want to ap- election on January 30 and hoping and yet represented the focus of this body, plaud Houston’s Solution for Tsunami praying that the Iraqi people will have and that is representing the people, Relief Victims. I want to applaud all of the opportunity to take up their own today we attempted to represent the the relief efforts going on around the destiny. people. We represented people not only But that is why this day was so very in Ohio, but where people felt they Nation and all of the international aid important and why it was important were disenfranchised all over the Na- groups in the United Nations for rising for Members of Congress, not of any tion. So in that representation, I am to the occasion. caucus or any one group, to be engaged proud. As I close, let me admonish those in the debate and the democracy. I As we look to the future and the who are participating in this relief ef- thank the two signers of the petition, backdrop of the tragedy that is going fort that this is a short-term stance as I indicated, the gentlewoman from on in Asia, people now who have no that we are taking right now. We will Ohio (Mrs. JONES) and the Senator places to live, no places to vote, no need a long-term investment. The $350 from California, Ms. BOXER. places to eat, no places to go and get million that the United States has of- But I also thank the ranking member medical care, no places to be educated, fered, it may not be enough; and I hope of the Committee on the Judiciary, the we in America should be highly grate- this Congress will rise to the occasion gentleman from Michigan (Mr. CON- ful for what has transpired in this and make it sufficient. YERS), for the insight he had; for the country on this very day. On that, let me say, Madam Speaker, hearings I participated in in Wash- As we do so, might I say that I con- I am grateful that we have a Constitu- ington and also the hearings that oth- gratulate those who are now engaged tion that allows me to speak under the ers participated in in Ohio. It allowed in the humanitarian help going on for first amendment. I am grateful that we us to hear firsthand the pain of people the tsunami victims. have a process that allows democracy who tried to vote and could not vote. It I would also like to applaud the ef- to follow through today. I am more allowed us to hear firsthand about forts of a group that has founded itself grateful that we have a large heart in those who stood in line until 4 a.m., in Houston, Houston’s Solution for the United States that is drawn to- those who were turned away, those who Tsunami Victims. There are many gether from every nook and cranny, had fewer machines in their commu- other groups that have formulated in every hamlet, every city, every rural nity than those in anothers. Houston as well, but this group in par- area, that is now participating in this Madam Speaker, I think in this year ticular came together in less than 48 massive relief effort for those so dev- we are to reauthorize portions of the hours after the tragedy, and they are astated. Voting Rights Act of 1965. It is clearly representatives from Indonesia, Sri Let me also ask for prayers for fami- urgent that we not disregard and dis- Lanka, Bangladesh, Vietnam, India, lies who have lost loved ones, including respect the voting process. Pakistan, Thailand and all over our those Americans that have now died,

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 246 CONGRESSIONAL RECORD—HOUSE January 6, 2005 and let us ask for prayers for those who fact that it exceeds two pages of the 27, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to are now suffering. We hope that we can RECORD and is estimated by the Public the Committee on Energy and Commerce. stand in the doorway and prevent more Printer to cost $5,867. 107. A letter from the Deputy Associate disease and more death that may come Administrator, Environmental Protection f Agency, transmitting the Agency’s final rule from this terrible disaster. ADJOURNMENT — Approval and Promulgation of Air Quality I ask as I go to my seat that God Implementation Plans; District of Columbia; bless the United States of America, Ms. JACKSON-LEE of Texas. Madam VOC Emission Standards for Consumer Prod- God bless this process, and God bless Speaker, pursuant to House Concurrent ucts [R03-OAR-2004-DC-0006; FRL-7854-7] re- those that are suffering today in the Resolution 2, 109th Congress, I move ceived December 27, 2004, pursuant to 5 world. that the House do now adjourn. U.S.C. 801(a)(1)(A); to the Committee on En- ergy and Commerce. LEAVE OF ABSENCE The motion was agreed to. 108. A letter from the Deputy Associate By unanimous consent, leave of ab- The SPEAKER pro tempore. Accord- Administrator, Environmental Protection sence was granted to: ingly, pursuant to House Concurrent Agency, transmitting the Agency’s final rule Mr. BACA (at the request of Ms. Resolution 2, 109th Congress, the House — Approval and Promulgation of Air Quality PELOSI) for today on account of per- stands adjourned until 10 a.m. on Implementation Plans; District of Columbia; sonal reasons. Thursday, January 20, 2005. VOC Emission Standards for Mobile Equip- Mr. DEFAZIO (at the request of Ms. Thereupon (at 5 o’clock and 42 min- ment Repair and Refinishing [R03-OAR-2004- DC-0008; FRL-7852-6] received December 27, PELOSI) for today on account of duties utes p.m.), pursuant to House Concur- rent Resolution 2, the House adjourned 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the in the district. Committee on Energy and Commerce. Mr. KIND (at the request of Ms. until Thursday, January 20, 2005, at 10 109. A letter from the Deputy Associate PELOSI) for today on account of per- a.m. Administrator, Environmental Protection sonal reasons. f Agency, transmitting the Agency’s final rule Mr. ORTIZ (at the request of Ms. — Approval and Promulgation of Air Quality PELOSI) for today on account of impor- EXECUTIVE COMMUNICATIONS, Implementation Plans; District of Columbia; tant business in the district. ETC. VOC Emission Standards for Portable Fuel Containers and Spouts [R03-OAR-2004-DC- Mr. STARK (at the request of Ms. Under clause 8 of rule XII, executive 0004; FRL-7853-5] received December 27, 2004, PELOSI) for today on account of escort- communications were taken from the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ing the Matsui family to Sacramento, Speaker’s table and referred as follows: mittee on Energy and Commerce. California, where the late Honorable 101. A letter from the Deputy Associate 110. A letter from the Deputy Associate Robert T. Matsui will lie in state in the Administrator, Environmental Protection Administrator, Environmental Protection California State capitol. Agency, transmitting the Agency’s final rule Agency, transmitting the Agency’s final rule Mr. STUPAK (at the request of Ms. — Chlorothalonil; Re-establishment of Toler- — Approval and Promulgation of Air Quality PELOSI) for today on account of travel ance for Emergency Exemptions [OPP-2004- Implementation Plans; District of Columbia; problems. 0409; FRL-7691-1] received December 30, 2004, VOC Emission Standards for Solvent Clean- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ing [R03-OAR-2004-DC-0005; FRL-7853-3] re- Mrs. TAUSCHER (at the request of Ms. mittee on Agriculture. ceived December 27, 2004, pursuant to 5 PELOSI) for today on account of official 102. A letter from the Deputy Associate U.S.C. 801(a)(1)(A); to the Committee on En- business. Administrator, Environmental Protection ergy and Commerce. Mr. WYNN (at the request of Ms. Agency, transmitting the Agency’s final rule 111. A letter from the Deputy Associate PELOSI) for today on account of per- — Thiamethoxam; Pesticide Tolerance [OPP- Administrator, Environmental Protection sonal reasons. 2004-0394; FRL-7689-7] received December 30, Agency, transmitting the Agency’s final rule Mrs. BIGGERT (at the request of Mr. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the — Approval and Promulgation of Air Quality Committee on Agriculture. Implementation Plans; Virginia; Approval of DELAY) for today on account of official 103. A letter from the Deputy Associate the Control of VOC Emissions from Munic- travel overseas. Administrator, Environmental Protection ipal Solid Waste Landfills in Northern Vir- Ms. GRANGER (at the request of Mr. Agency, transmitting the Agency’s final rule ginia [R03-OAR-2004-VA-0005; FRL-7853-7] re- DELAY) for today on account of being — Spinosad; Pesticide Tolerance [OPP-2004- ceived December 27, 2004, pursuant to 5 out of the country on official business. 0042; FRL-7691-4] received December 30, 2004, U.S.C. 801(a)(1)(A); to the Committee on En- Mr. SHADEGG (at the request of Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ergy and Commerce. DELAY) for today on account of a death mittee on Agriculture. 112. A letter from the Deputy Associate in the family. 104. A letter from the Deputy Associate Administrator, Environmental Protection Administrator, Environmental Protection Agency, transmitting the Agency’s final rule Mr. SHIMKUS (at the request of Mr. Agency, transmitting the Agency’s final rule — Approval and Promulgation of Air Quality DELAY) for today on account of his — Approval and Promulgation of Air Quality Implementation Plans; Virginia; Excess traveling with a congressional delega- Implementation Plans; District of Columbia; Volatile Organic Compound and Nitrogen Ox- tion to Jordan. Amendments to the Size Thresholds for De- ides Emissions Fee Rule [R03-OAR-2004-VA- f fining Major Sources and to the NSR Offset 0004; FRL-7853-1] received December 27, 2004, Ratios for Sources of VOC and NOX [RME pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- SPECIAL ORDERS GRANTED R03-OAR-2004-DC-0001; FRL-7855-3] received mittee on Energy and Commerce. December 27, 2004, pursuant to 5 U.S.C. 113. A letter from the Deputy Associate By unanimous consent, permission to 801(a)(1)(A); to the Committee on Energy and Administrator, Environmental Protection address the House, following the legis- Commerce. Agency, transmitting the Agency’s final rule lative program and any special orders 105. A letter from the Deputy Associate — National Emission Standards for Haz- heretofore entered, was granted to: Administrator, Environmental Protection ardous Air Pollutants for Source Categories: (The following Members (at the re- Agency, transmitting the Agency’s final rule Organic Hazardous Air Pollutants From the quest of Mrs. JONES of Ohio) to revise — Approval and Promulgation of Air Quality Synthetic Organic Chemical Manufacturing and extend their remarks and include Implementation Plans; District of Columbia; Industry and Other Processes Subject to the extraneous material:) Approval of Minor Clarification to Municipal Negotiated Regulation for Equipments Leaks Regulations [RME R03-OAR-2004-DC-0002; [OAR-2003-0023; FRL-7852-3] (RIN: 2060-AK49) Ms. WOOLSEY, for 5 minutes, today. FRL-7855-1] received December 27, 2004, pur- received December 27, 2004, pursuant to 5 Mr. PALLONE, for 5 minutes, today. suant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on En- f mittee on Energy and Commerce. ergy and Commerce. 106. A letter from the Deputy Associate Ad- 114. A letter from the Deputy Associate EXTENSION OF REMARKS ministrator, Environmental Protection Administrator, Environmental Protection By unanimous consent, permission to Agency, transmitting the Agency’s final rule Agency, transmitting the Agency’s final rule — Approval and Promulgation of Air Quality — Approval and Promulgation of Implemen- revise and extend remarks was granted Implementation Plans; District of Columbia; tation Plans; Kentucky: 1-Hour Ozone Main- to: Excess Volatile Organic Compound and Ni- tenance Plan Update for Edmonson Area Mr. CONYERS and to include extra- trogen Oxides Emissions Fee Rule [R03-OAR- [R04-OAR-2004- KY-0001-200425(a); FRL-7848-9] neous material, notwithstanding the 2004-DC-0003; FRL-7853-9] received December received December 17, 2004, pursuant to 5

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 247 U.S.C. 801(a)(1)(A); to the Committee on En- 125. A letter from the Director, Office of port pursuant to the Federal Vacancies Re- ergy and Commerce. White House Liaison, Department of Com- form Act of 1998; to the Committee on Gov- 115. A letter from the Deputy Associate merce, transmitting a report pursuant to the ernment Reform. Administrator, Environmental Protection Federal Vacancies Reform Act of 1998; to the 141. A letter from the Deputy Associate Agency, transmitting the Agency’s final rule Committee on Government Reform. Administrator, Environmental Protection — Approval and Promulgation of Implemen- 126. A letter from the Director, Office of Agency, transmitting the Agency’s final rule tation Plans and Operating Permits Pro- White House Liaison, Department of Com- — Clarification of Address for Documents gram; State of Missouri [R07-OAR-2004-MO- merce, transmitting a report pursuant to the Filed With EPA’s Environmental Appeals 0004; FRL-7850-3] received December 17, 2004, Federal Vacancies Reform Act of 1998; to the Board [FRL-7855-6] received December 27, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Government Reform. 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Energy and Commerce. 127. A letter from the Director, Office of Committee on Resources. 116. A letter from the Deputy Associate Ad- White House Liaison, Department of Com- 142. A letter from the Director and Under ministrator, Environmental Protection merce, transmitting a report pursuant to the Secretary of Commerce for Intellectual Agency, transmitting the Agency’s final rule Federal Vacancies Reform Act of 1998; to the Property, United States Patent and Trade- — OMB Approvals Under the Paperwork Re- Committee on Government Reform. mark Office, transmitting a report evalu- duction Act; Technical Amendment [FRL- 128. A letter from the Director, Office of ating the Inter Partes Reexamination, pur- 7849-9] received December 17, 2004, pursuant White House Liaison, Department of Com- suant to Public Law 106—113, section 4606 to 5 U.S.C. 801(a)(1)(A); to the Committee on merce, transmitting a report pursuant to the (113 Stat. 1501A—571); to the Committee on Energy and Commerce. Federal Vacancies Reform Act of 1998; to the the Judiciary. 117. A letter from the Deputy Associate Committee on Government Reform. 143. A letter from the Chief, Regulations Administrator, Environmental Protection 129. A letter from the Director, Office of and Administrative Law, USCG, Deparment Agency, transmitting the Agency’s final rule White House Liaison, Department of Com- of Homeland Security, transmitting the De- — Protection of Stratospheric Ozone: Proc- merce, transmitting a report pursuant to the partment’s final rule — Security and Safety ess for Exempting Critical Uses from the Federal Vacancies Reform Act of 1998; to the Zone; Protection of Large Passenger Vessels, Phaseout of Methyl Bromide [FRL-7850-8] Committee on Government Reform. Portland, OR [CGD13-04-043] (RIN: 1625-AA00) (RIN: 2060-AJ63) received December 17, 2004, 130. A letter from the White House Liaison, received December 27, 2004, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Education, transmitting a re- U.S.C. 801(a)(1)(A); to the Committee on mittee on Energy and Commerce. port pursuant to the Federal Vacancies Re- Transportation and Infrastructure. 118. A letter from the Deputy Associate form Act of 1998; to the Committee on Gov- 144. A letter from the Chief, Regulations Administrator, Environmental Protection ernment Reform. and Administrative Law, USCG, Department Agency, transmitting the Agency’s final rule 131. A letter from the White House Liaison, of Homeland Security, transmitting the De- — Air Quality Designations and Classifica- Department of Education, transmitting a re- partment’s final rule — Safety Zone; Dela- tions for the Fine Particles (PM2.5) National port pursuant to the Federal Vacancies Re- ware River [CGD05-04-224] (RIN: 1625-AA00) Ambient Air Quality Standards [OAR-2003- form Act of 1998; to the Committee on Gov- received December 27, 2004, pursuant to 5 0061; FRL-7856-1] (RIN: 2060-AM04) received ernment Reform. U.S.C. 801(a)(1)(A); to the Committee on December 27, 2004, pursuant to 5 U.S.C. 132. A letter from the Human Resources Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Energy and Specialist, Department of Labor, transmit- 145. A letter from the Chief, Regulations Commerce. ting a report pursuant to the Federal Vacan- and Administrative Law, USCG, Department 119. A letter from the Deputy Associate cies Reform Act of 1998; to the Committee on of Homeland Security, transmitting the De- Administrator, Environmental Protection Government Reform. partment’s final rule — Safety Zone; Gulf of Agency, transmitting the Agency’s final rule 133. A letter from the Human Resources Alaska, Sitkinak Island, Kodiak Island, AK — Approval and Promulgation of Air Quality Specialist, Department of Labor, transmit- [COTP Western Alaska-04-002] (RIN: 1625- Implementation Plans; New Mexico; Recodi- ting a report pursuant to the Federal Vacan- AA00) received December 27, 2004, pursuant fication and SIP Renumbering of the New cies Reform Act of 1998; to the Committee on to 5 U.S.C. 801(a)(1)(A); to the Committee on Mexico Administrative Code for Albu- Government Reform. Transportation and Infrastructure. querque/Bernalillo County [NM-44-1-7603a; 134. A letter from the Attorney Advisor, 146. A letter from the Chief, Regulations FRL-7856-3] received December 27, 2004, pur- Department of Transportation, transmitting and Administrative Law, USCG, Department suant to 5 U.S.C. 801(a)(1)(A); to the Com- a report pursuant to the Federal Vacancies of Homeland Security, transmitting the De- mittee on Energy and Commerce. 120. A letter from the Deputy Associate Reform Act of 1998; to the Committee on partment’s final rule — Drawbridge Oper- Administrator, Environmental Protection Government Reform. ation Regulations: Connecticut River, CT Agency, transmitting the Agency’s final rule 135. A letter from the Attorney Advisor, [CGD01-04-151] received January 3, 2005, pur- — Approval and Promulgation of Implemen- Department of Transportation, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Com- tation Plans; Texas; Victoria County Main- a report pursuant to the Federal Vacancies mittee on Transportation and Infrastruc- tenance Plan Update [R06-OAR-2004-TX-0003; Reform Act of 1998; to the Committee on ture. FRL-7856-7] received December 27, 2004, pur- Government Reform. 147. A letter from the Chief, Regulations suant to 5 U.S.C. 801(a)(1)(A); to the Com- 136. A letter from the Director, National and Administrative Law, USCG, Department mittee on Energy and Commerce. Gallery of Art, transmitting an annual re- of Homeland Security, transmitting the De- 121. A letter from the Assistant Secretary port on audit and investigative coverage re- partment’s final rule — Drawbridge Oper- for Legislative Affairs, Department of State, quired by the Inspector General Act of 1978, ation Regulations: Newtown Creek, Dutch transmitting the annual inventory of U.S. as amended, and the Federal Managers’ Fi- Kills, English Kills, and their tributaries, NY Government-sponsored international nancial Integrity Act, pursuant to 5 U.S.C. [CGD01-04-148] received January 3, 2005, pur- exhanges and training programs, as well as app. (Insp. Gen. Act) section 5(b); to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- the FY 2004 report on the activities of the Committee on Government Reform. mittee on Transportation and Infrastruc- Interagency Working Group on U.S. Govern- 137. A letter from the General Counsel, Of- ture. ment-Sponsored International Exchanges fice of Management and Budget, transmit- 148. A letter from the Chief, Regulations and Training (IAWG), pursuant to Public ting a report pursuant to the Federal Vacan- and Administrative Law, USCG, Department Law 87—256, section 112(f) and (g) 22 U.S.C. cies Reform Act of 1998; to the Committee on of Homeland Security, transmitting the De- 2460(f) and (g); to the Committee on Inter- Government Reform. partment’s final rule — Safety Zone: Fire- national Relations. 138. A letter from the Director, Office of works displays in the Captain of the Port 122. A letter from the Director, Office of Personnel Management, transmitting in ac- Portland Zone. [CGD13-04-044] (RIN: 1625- White House Liaison, Department of Com- cordance with Section 647(b) of Division F of AA00) received January 3, 2005, pursuant to 5 merce, transmitting a report pursuant to the the Consolidated Appropriations Act, FY U.S.C. 801(a)(1)(A); to the Committee on Federal Vacancies Reform Act of 1998; to the 2004, Pub. L. 108-199, and the Office of Man- Transportation and Infrastructure. Committee on Government Reform. agement and Budget Memorandum 04-07, the 149. A letter from the Chief, Regulations 123. A letter from the Director, Office of Office’s report on competitive sourcing ef- and Administrative Law, USCG, Department White House Liaison, Department of Com- forts for FY 2004; to the Committee on Gov- of Homeland Security, transmitting the De- merce, transmitting a report pursuant to the ernment Reform. partment’s final rule — Safety Zone; Chicago Federal Vacancies Reform Act of 1998; to the 139. A letter from the Secretary, Postal River Main Branch, Chicago, IL [CGD09-04- Committee on Government Reform. Rate Commission, transmitting a report pur- 149] (RIN: 1625-AA00) received January 3, 124. A letter from the Director, Office of suant to the Federal Vacancies Reform Act 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the White House Liaison, Department of Com- of 1998; to the Committee on Government Re- Committee on Transportation and Infra- merce, transmitting a report pursuant to the form. structure. Federal Vacancies Reform Act of 1998; to the 140. A letter from the General Counsel, Se- 150. A letter from the Chief, Regulations Committee on Government Reform. lective Service System, transmitting a re- and Administrative Law, USCG, Department

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 248 CONGRESSIONAL RECORD—HOUSE January 6, 2005 of Homeland Security, transmitting the De- worthiness Directives; deHavilland Inc. Mod- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule — Drawbridge Oper- els DHC-2 Mk. I and DHC-2 Mk. II Airplanes mittee on Transportation and Infrastruc- ation Regulations: Merrimack River, MA and Bombardier Inc. Model (Otter) DHC-3 ture. [CGD01-04-146] received December 15, 2004, Airplanes [Docket No. 2004-CE-02-AD; 167. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Amendment 39-13827; AD 2004-21-06] (RIN: FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- 2120-AA64) received December 15, 2004, pursu- mitting the Department’s final rule — Air- ture. ant to 5 U.S.C. 801(a)(1)(A); to the Committee worthiness Directives; Israel Aircraft Indus- 151. A letter from the Chief, Regulations on Transportation and Infrastructure. tries, Ltd., Model 1121, 1121A, 1121B, 1123, and Administrative Law, USCG, Department 160. A letter from the Program Analyst, 1124, and 1124A Series Airplanes [Docket No. of Homeland Security, transmitting the De- FAA, Department of Transportation, trans- 2003-NM-37-AD; Amendment 39-13723; AD partment’s final rule — Drawbridge Oper- mitting the Department’s final rule — Air- 2004-14-14] (RIN: 2120-AA64) received Decem- ation Regulations; Shrewsbury River, NJ. worthiness Directives; Hartzell Propeller ber 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); [CGD01-04-127] (RIN: 2115-AE47) received De- Inc. (Formerly Hartzell Propeller Products to the Committee on Transportation and In- cember 15, 2004, pursuant to 5 U.S.C. Division) Model HC-B5MP-3() /M10282A() Five frastructure. 801(a)(1)(A); to the Committee on Transpor- Bladed Propellers; Correction [Docket No. 86- 168. A letter from the Program Analyst, tation and Infrastructure. ANE-7; Amendment 39-13822; AD 2004-21-01] FAA, Department of Transportation, trans- 152. A letter from the Chief, Regulations (RIN: 2120-AA64) received December 15, 2004, mitting the Department’s final rule — Air- and Administrative Law, USCG, Department pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; BAE Systems (Oper- of Homeland Security, transmitting the De- mittee on Transportation and Infrastruc- ations) Limited (Jetstream) Model 4101 Air- partment’s final rule — Drawbridge Oper- ture. planes [Docket No. 2004-NM-46-AD; Amend- ation Regulations: Connecticut River, CT. 161. A letter from the Program Analyst, ment 39-13716; AD 2004-14-07] (RIN: 2120-AA64) [CGD01-04-142] received December 15, 2004, FAA, Department of Transportation, trans- received December 15, 2004, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- worthiness Directives; Gulfstream Model G- Transportation and Infrastructure. ture. 1159, G-1159A, G-1159B, and G-IV Series Air- 169. A letter from the Program Analyst, 153. A letter from the Chief, Regulations planes [Docket No. FAA-2004-19337; Direc- FAA, Department of Transportation, trans- and Administrative Law, USCG, Department torate Identifier 2004-NM-155-AD; Amend- mitting the Department’s final rule — Air- of Homeland Security, transmitting the De- ment 39-13824; AD 2004-21-03] (RIN: 2120-AA64) worthiness Directives; McDonnell Douglas partment’s final rule — Safety Zones; Gulf of received December 15, 2004, pursuant to 5 Model MD-11 and -11F Airplanes [Docket No. Alaska, Narrow Cape, Kodiak Island, AK U.S.C. 801(a)(1)(A); to the Committee on 2003-NM-74-AD; Amendment 39-13719; AD [COTP Western Alaska-04-001] (RIN: 1625- Transportation and Infrastructure. 2004-14-10] (RIN: 2120-AA64) received Decem- AA00) received December 27, 2004, pursuant 162. A letter from the Program Analyst, ber 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- to the Committee on Transportation and In- Transportation and Infrastructure. mitting the Department’s final rule — Air- frastructure. 154. A letter from the Chief, Regulations worthiness Directives; Becker Flugfunkwerk 170. A letter from the Program Analyst, and Administrative Law, USCG, Department GmbH AR 4201 VHF AM Transceivers [Dock- FAA, Department of Transportation, trans- of Homeland Security, transmitting the De- et No. 2003-NE-68-AD; Aemdnemt 39-13825; AD mitting the Department’s final rule — partment’s final rule — Drawbridge Oper- 2004-21-04] (RIN: 2120-AA64) received Decem- Airworhtiness Directives; BAE Systems (Op- ation Regulation; St. Croix River, Wisconsin, ber 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); erations) Limited Model BAe 146 Series Air- Minnesota [CGD08-04-018] (RIN: 1625-AA09) to the Committee on Transportation and In- planes and Model Avro 146-RJ Series Air- received December 15, 2004, pursuant to 5 frastructure. planes [Docket No. 2004-NM-35-AD; Amend- U.S.C. 801(a)(1)(A); to the Committee on 163. A letter from the Program Analyst, ment 39-13713; AD 2004-14-04] (RIN: 2120-AA64) Transportation and Infrastructure. FAA, Department of Transportation, trans- received December 15, 2004, pursuant to 5 155. A letter from the Chief, Regulations mitting the Department’s final rule — Air- U.S.C. 801(a)(1)(A); to the Committee on and Administrative Law, USCG, Department worthiness Directives; International Aero Transportation and Infrastructure. of Homeland Security, transmitting the De- Engines (IAE) AG V2500-A1, V2522-A5, V2524- 171. A letter from the Program Analyst, partment’s final rule — Drawbridge Oper- A5, V2525-D5, V2527-A5, V2527E-A5, V2527M- FAA, Department of Transportation, trans- ation Regulations: Connecticut River, CT A5, V2528-D5, V2530-A5, and V2533-A5 Tur- mitting the Department’s final rule — Air- [CGD01-04-106] (RIN: 1625-AA09) received De- bofan Engines [Docket No. 98-ANE-45-AD; worthiness Directives; BAE Systems (Oper- cember 15, 2004, pursuant to 5 U.S.C. Amendment 39-13667; AD 2004-12-08] (RIN: ations) Limited (Jetstream) Model 4101 Air- 801(a)(1)(A); to the Committee on Transpor- 2120-AA64) received December 15, 2004, pursu- planes [Docket No. 2003-NM-228-AD; Amend- tation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment 39-13712; AD 2004-14-03] (RIN: 2120-AA64) 156. A letter from the Program Analyst, on Transportation and Infrastructure. received December 15, 2004, pursuant to 5 FAA, Department of Transportation, trans- 164. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- Transportation and Infrastructure. worthiness Directives; Dornier Model 328-100 mitting the Department’s final rule — Air- 172. A letter from the Program Analyst, and -300 Series Airplanes [Docket No. 2002- worthiness Directives; The Cessna Aircraft FAA, Department of Transportation, trans- NM-310-AD; Amendment 39-13831; AD 2004-22- Compnay Model 525 Airplanes [Docket No. mitting the Department’s final rule — Air- 06] (RIN: 2120-AA64) received December 15, 2003-CE-54-AD; Amendment 39-13729; AD 2004- worthiness Directives; McDonnell Douglas 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the 14-20] (RIN: 2120-AA64) received December 15, DC-9-82 (MD-82) and DC-9-83 (MD-83) Air- Committee on Transportation and Infra- 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the planes; and Model MD-88 Airplanes [Docket structure. Committee on Transportation and Infra- No. 2003-NM-251-AD; Amendment 39-13705; AD 157. A letter from the Program Analyst, structure. 2004-13-23] (RIN: 2120-AA64) received Decem- FAA, Department of Transportation, trans- 165. A letter from the Program Analyst, ber 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- to the Committee on Transportation and In- worthiness Directives; Boeing Model 737-100, mitting the Department’s final rule — Air- frastructure. -200, -200C, -300, -400, and -500 Series Air- worthiness Directives; The New Piper Air- 173. A letter from the Program Analyst, planes [Docket No. 2003-NM-90-AD; Amend- craft, Inc., Models PA-28-161, PA-28-181, PA- FAA, Department of Transportation, trans- ment 39-13804; AD 2004-19-10] (RIN: 2120-AA64) 28R-201, PA-32R-301 (HP), PA-32R-301T, PA- mitting the Department’s final rule — Air- received December 15, 2004, pursuant to 5 301FT, PA-32-301XTC, PA-34-220T, PA-44-180, worthiness Directives; Bombardier Model U.S.C. 801(a)(1)(A); to the Committee on PA-46-350P, and PA-46-500TP Airplanes CL-600-2B19 (Regional Jet Series 100 & 440) Transportation and Infrastructure. [Docket No. FAA-2004-18032; Directorate Airplanes [Docket No. 2003-NM-149-AD; 158. A letter from the Program Analyst, Identifier 2004-CE-15-AD; Amendment 39- Amendment 39-13725; AD 2004-14-16] (RIN: FAA, Department of Transportation, trans- 13721; AD 2004-14-12] (RIN: 2120-AA64) received 2120-AA64) received December 15, 2004, pursu- mitting the Department’s final rule — Air- December 15, 2004, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee worthiness Directives; Dornier Model 328-100 801(a)(1)(A); to the Committee on Transpor- on Transportation and Infrastructure. Series Airplanes [Docket No. 2002-NM-294- tation and Infrastructure. 174. A letter from the Program Analyst, AD; Amendment 39-13820; AD 2004-20-15] (RIN: 166. A letter from the Program Analyst, FAA, Department of Transportation, trans- 2120-AA64) received December 15, 2004, pursu- FAA, Department of Transportation, trans- mitting the Department’s final rule — Air- ant to 5 U.S.C. 801(a)(1)(A); to the Committee mitting the Department’s final rule — Air- worthiness Directives; Boeing Model 737-100, on Transportation and Infrastructure. worthiness Directives; Bombardier Model -200, -200C, -300, -400, and -500 Series Air- 159. A letter from the Program Analyst, DHC-8-400 Airplanes [Docket No. 2002-NM- planes [Docket No. 2004-NM-29-AD; Amend- FAA, Department of Transportation, trans- 234-AD; Amendment 39-13724; AD 2004-14-15] ment 39-13673; AD 2004-03-34 R1] (RIN: 2120- mitting the Department’s final rule — Air- (RIN: 2120-AA64) received December 15, 2004, AA64) received December 15, 2004, pursuant

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 249 to 5 U.S.C. 801(a)(1)(A); to the Committee on 183. A letter from the Program Analyst, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. FAA, Department of Transportation, trans- Committee on Transportation and Infra- 175. A letter from the Program Analyst, mitting the Department’s final rule — Air- structure. FAA, Department of Transportation, trans- worthiness Directives; Rolls-Royce Corpora- 191. A letter from the Administrator, Envi- mitting the Department’s final rule — Air- tion (formerly Allison Engine Company, Al- ronmental Protection Agency, transmitting worthiness Directives; Boeing Model 767 Se- lison Gas Turbine Division, and Detroit Die- the Agency’s FY 2003 report entitled, ‘‘Imple- ries Airplanes [Docket No. 2003-NM-109-AD; sel Allison) Models 250-C28, -C28B, and -C28C mentation of the Waste Isolation Plant Amendment 39-13728; AD 2004-14-19] (RIN: Turboshaft Engines [Docket No. FAA-2004- Land Withdrawal Act’’ required under Sec- 2120-AA64) received December 15, 2004, pursu- 18538; Directorate Identifier 2004-NE-29-AD; tion 23(a)(2) of the Act; jointly to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Amendment 39-13711; AD 2004-14-02] (RIN: mittees on Energy and Commerce and Armed on Transportation and Infrastructure. 2120-AA64) received December 15, 2004, pursu- Services. 176. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 192. A letter from the Chairman, Medicare FAA, Department of Transportation, trans- on Transportation and Infrastructure. Payment Advisory Commission, transmit- mitting the Department’s final rule — Air- 184. A letter from the Program Analyst, ting a copy of the Commission’s ‘‘Report to worthiness Directives; Saab Model SAAB FAA, Department of Transportation, trans- the Congress: Growth in the Volume of Phy- 2000 Series Airplanes [Docket No. 2001-NM- mitting the Department’s final rule — Air- sician Services,’’ fulfilling the Congressional 316-AD; Amendment 39-13720; AD 2004-14-11] worthiness Directives; Airbus Model A300 B4- request of Section 606(b) of the Medicare (RIN: 2120-AA64) received December 15, 2004, 600, B4-600R, and F4-600R (Collectively Called Modernization Act; jointly to the Commit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- A300-600) Series Airplanes; and Model A310 tees on Energy and Commerce and Ways and mittee on Transportation and Infrastruc- Series Airplanes; Equipped with Pratt & Means. 193. A letter from the Chairman, Medicare ture. Whitney JT9D-7R4 or 4000 Series Engines Payment Advisory Commission, transmit- 177. A letter from the Program Analyst, [Docket No. 2002-NM-39-AD; Amendment 39- ting a copy of the Commission’s ‘‘Report to FAA, Department of Transportation, trans- 13726; AD 2004-14-17] (RIN: 2120-AA64) received the Congress: Impact of Resource-Based mitting the Department’s final rule — Air- December 15, 2004, pursuant to 5 U.S.C. Practice Expense Payment for Physician worthiness Directives; McDonnell Douglas 801(a)(1)(A); to the Committee on Transpor- Services,’’ fulfilling the Congressional re- Model DC-8-11, DC-8-12, DC-8-21, DC-8-31, DC- tation and Infrastructure. quest of Section 606(a) of the Medicare Mod- 8-32, DC-8-33, DC-8-41, DC-8-42, C-8-43, DC-8F- 185. A letter from the Program Analyst, ernization Act; jointly to the Committees on 54, and DC-8F-55 Airplanes; and Model DC-8- FAA, Department of Transportation, trans- Energy and Commerce and Ways and Means. 50, -60, -60F, -70 and -70F Series Airplanes mitting the Department’s final rule — Air- 194. A letter from the Assistant Secretary [Docket No. 2002-NM-176-AD; Amendment 39- worthiness Directives; Bombardier Model for Legislative Affairs, Department of State, 13714; AD 2004-14-05] (RIN: 2120-AA64) received DHC-8-102, -103, and -106 Airplanes [Docket transmitting pursuant to section 7(a) of the December 15, 2004, pursuant to 5 U.S.C. No. 2002-NM-339-AD; Amendment 39-13727; AD Jerusalem Embassy Act of 1995 (Pub. L. 104- 801(a)(1)(A); to the Committee on Transpor- 2004-14-18] (RIN: 2120-AA64) received Decem- 45), a copy of Presidential Determination No. tation and Infrastructure. ber 15, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); 2005-14 suspending the limitation on the obli- 178. A letter from the Program Analyst, to the Committee on Transportation and In- gation of the State Department Appropria- FAA, Department of Transportation, trans- frastructure. tions contained in sections 3(b) and 7(b) of mitting the Department’s final rule — Air- 186. A letter from the Program Analyst, that Act for six months as well as the peri- worthiness Directives; Airbus Model A310 Se- FAA, Department of Transportation, trans- odic report provided for under Section 6 of ries Airplanes [Docket No. 2002-NM-175-AD; mitting the Department’s final rule — Air- the Act covering the period from June 16, Amendment 39-13715; AD 2004-14-06] (RIN: worthiness Directives; Boeing Model 747-100, 2004 to the present; jointly to the Commit- 2120-AA64) received December 15, 2004, pursu- 747-200B, 747-200C, 747-200F, 747-300, 747-400, tees on International Relations and Appro- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 747-400D, 747-400F, and 747SR Series Airplanes priations. on Transportation and Infrastructure. [Docket No. 2003-NM-82-AD; Amendment 39- 195. A letter from the Deputy Director, De- 179. A letter from the Program Analyst, 13722; AD 2004-14-13] (RIN: 2120-AA64) received fense Security Cooperation Agency, Depart- FAA, Department of Transportation, trans- December 15, 2004, pursuant to 5 U.S.C. ment of Defense, transmitting notification mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- of the Department of State’s intent to ini- worthiness Directives; Airbus Model A320- tation and Infrastructure. tiate the FY 2005 International Military Edu- 111, -211, -212, and -231 Series Airplanes 187. A letter from the Program Analyst, cation and Training funds for Iraq, pursuant [Docket No. 2002-NM-177-AD; Amendment 39- FAA, Department of Transportation, trans- to Pub. L. 108-199, Title III; jointly to the 13718; aD 2004-14-09] (RIN: 2120-AA64) received mitting the Department’s final rule — Air- Committees on International Relations and December 15, 2004, pursuant to 5 U.S.C. worthiness Directives; Airbus Model A300 B4- Appropriations. 801(a)(1)(A); to the Committee on Transpor- 600, B4-600R, C4-605R Variant F, and F4-600R 196. A letter from the Chairman, National tation and Infrastructure. (Collectively Called A300-600), and A310 Se- Transportation Safety Board, transmitting a 180. A letter from the Program Analyst, ries Airplanes [Docket No. 2003-NM-12-AD; copy of the Board’s appeal letter to OMB re- FAA, Department of Transportation, trans- Amendment 39-13717; AD 2004-14-08] (RIN: garding the initial determination of the FY mitting the Department’s final rule — Air- 2120-AA64) received December 15, 2004, pursu- 2006 budget request, pursuant to 49 U.S.C. worthiness Directives; Airbus Model A319- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1113; jointly to the Committees on Transpor- 111, -112, -113, and -114; A320-111, -211, -212, and on Transportation and Infrastructure. tation and Infrastructure and Appropria- -214; and A321-111, -112, and -211 Series Air- 188. A letter from the Program Analyst, tions. planes [Docket No. 2002-NM-201-AD; Amend- FAA, Department of Transportation, trans- f ment 39-13732; AD 2004-14-23] (RIN: 2120-AA64) mitting the Department’s final rule — Air- received December 15, 2004, pursuant to 5 worthiness Directives; Stemme GmbH & Co. PUBLIC BILLS AND RESOLUTIONS U.S.C. 801(a)(1)(A); to the Committee on Models S10, S10-V, and S10-VT Sailplanes Under clause 2 of rule XII, public Transportation and Infrastructure. [Docket No. 2003-CE-58-AD; Amendment 39- bills and resolutions of the following 181. A letter from the Program Analyst, 13730; AD 2004-14-21] (RIN: 2120-AA64) received FAA, Department of Transportation, trans- December 15, 2004, pursuant to 5 U.S.C. titles were introduced and severally re- mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- ferred, as follows: worthiness Directives; Airbus Model A330, tation and Infrastructure. [Omitted from the Record of January 4, 2005] A340-200, and A340-300 Series Airplanes 189. A letter from the Program Analyst, By Mr. CALVERT (for himself, Mr. [Docket No. 2001-NM-352-AD; Amendment 39- FAA, Department of Transportation, trans- HUNTER, Mr. GALLEGLY, Mr. SENSEN- 13707; AD 2004-13-25] (RIN: 2120-AA64) received mitting the Department’s final rule — Air- BRENNER, Mrs. BLACKBURN, Mr. ISSA, December 15, 2004, pursuant to 5 U.S.C. worthiness Directives; Empresa Brasileira de Mrs. BONO, Mr. GARY G. MILLER of 801(a)(1)(A); to the Committee on Transpor- Aeronautica S.A. (EMBRAER) Model EMB- California, Mr. CUNNINGHAM, Mr. tation and Infrastructure. 120 Series Airplanes [Docket No. 2003-NM-105- ROHRABACHER, Mr. LEWIS of Cali- 182. A letter from the Program Analyst, AD; Amendment 39-13694; AD 2004-13-12] (RIN: fornia, and Mr. DREIER): FAA, Department of Transportation, trans- 2120-AA64) received December 15, 2004, pursu- H.R. 19. A bill to require employers to con- mitting the Department’s final rule — Air- ant to 5 U.S.C. 801(a)(1)(A); to the Committee duct employment eligibility verification; re- worthiness Directives; Fokker Model F-28 on Transportation and Infrastructure. ferred to the Committee on the Judiciary, Mark 0070 and 0100 Series AIrplanes [Docket 190. A letter from the Deputy Associate and in addition to the Committee on Edu- No. 2003-NM-162-AD; Amendment 39-13710; AD Administrator, Environmental Protection cation and the Workforce, for a period to be 2004-14-01] (RIN: 2120-AA64) received Decem- Agency, transmitting the Agency’s final rule subsequently determined by the Speaker, in ber 15, 2004, pursuant to 5 U.S.C. 801(a)(1)(A); — Ocean Disposal; Designation of a Dredged each case for consideration of such provi- to the Committee on Transportation and In- Material Disposal Site in Rhode Island sions as fall within the jurisdiction of the frastructure. Sound [FRL-7848-2] received December 17, committee concerned.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00099 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 250 CONGRESSIONAL RECORD—HOUSE January 6, 2005 By Mr. BARTLETT of Maryland: cation and the Workforce, and in addition to By Mr. TOWNS: H.R. 44. A bill to direct the Secretary of the Committee on Energy and Commerce, for H.R. 238. A bill to amend the Internal Rev- Homeland Security to establish an inde- a period to be subsequently determined by enue Code of 1986 to designate educational pendent panel to assess the homeland secu- the Speaker, in each case for consideration empowerment zones in certain low-income rity needs of the National Capital Region; to of such provisions as fall within the jurisdic- areas and to give a tax incentive to attract the Committee on Homeland Security. tion of the committee concerned. teachers to work in such areas; referred to By Mr. EHLERS: By Mr. KENNEDY of Minnesota: the Committee on Ways and Means, and in H.R. 50. A bill to provide for the National H.R. 130. A bill to amend the General Edu- addition to the Committee on Education and Oceanic and Atmospheric Administration, cation Provisions Act to clarify the defini- the Workforce, for a period to be subse- and for other purposes; referred to the Com- tion of a student regarding family edu- quently determined by the Speaker, in each mittee on Science, and in addition to the cational and privacy rights; to the Com- case for consideration of such provisions as Committee on Resources, for a period to be mittee on Education and the Workforce. fall within the jurisdiction of the committee subsequently determined by the Speaker, in By Mr. MENENDEZ: concerned. each case for consideration of such provi- H.R. 153. A bill to provide increased rail By Mr. WILSON of South Carolina: sions as fall within the jurisdiction of the and public transportation security; referred H.R. 239. A bill to amend section 1951 of committee concerned. to the Committee on Homeland Security and title 18, United States Code (commonly By Mrs. CHRISTENSEN: in addition to the Committee on Transpor- known as the Hobbs Act), and for other pur- H.R. 58. A bill to require the Secretary of tation and Infrastructure, for a period to be poses; to the Committee on the Judiciary. Homeland Security to establish at least one subsequently determined by the Speaker, in By Ms. PRYCE of Ohio (for herself, Mr. Border Patrol unit for the Virgin Islands of each case for consideration of such provi- THOMAS, Mr. BOEHNER, Mr. BARTON of the United States; to the Committee on sions as fall within the jurisdiction of the Texas, Mr. GOODLATTE, Mr. HERGER, Homeland Security. committee concerned. Mr. MCKEON, Mr. BILIRAKIS, Mr. By Mr. FRELINGHUYSEN (for himself, By Mr. MENENDEZ: DELAY, Mr. SHAW, Mr. CANTOR, Mr. Mr. SMITH of New Jersey, Mr. H.R. 154. A bill to authorize the Secretary ENGLISH of Pennsylvania, Mr. CAMP, SAXTON, Mr. LOBIONDO, Mr. FER- of Homeland Security to make grants to re- Mrs. JOHNSON of Connecticut, Mr. GUSON, Mr. GARRETT of New Jersey, imburse State and local governments and In- WELLER, Mr. WILSON of South Caro- Mr. PAYNE, Mr. PALLONE, Mr. AN- dian tribes for certain costs relating to the lina, and Mr. KLINE): DREWS, Mr. ROTHMAN, Mr. PASCRELL, mobilization of Reserves who are first re- H.R. 240. A bill to reauthorize and improve and Mr. MENENDEZ): sponder personnel of such governments or the program of block grants to States for H.R. 91. A bill to authorize the Secretary of tribes; referred to the Committee on Trans- temporary assistance for needy families, im- Homeland Security to make grants to first portation and Infrastructure, and in addition prove access to quality child care, and for responders, and for other purposes; referred to the Committees on Energy and Com- other purposes; referred to the Committee on to the Committee on Homeland Security, merce, and the Judiciary, for a period to be Ways and Means, and in addition to the Com- and in addition to the Committees on Trans- subsequently determined by the speaker, in mittees on Energy and Commerce, Education portation and Infrastructure, the Judiciary, each case for consideration of such provi- and the Workforce, Agriculture, and Finan- and Energy and Commerce, for a period to be sions as fall within the jurisdiction of the cial Services, for a period to be subsequently subsequently determined by the Speaker, in committee concerned. determined by the Speaker, in each case for each case for consideration of such provi- By Ms. MILLENDER-MCDONALD: consideration of such provisions as fall with- sions as fall within the jurisdiction of the H.R. 163. A bill to amend title 46, United in the jurisdiction of the committee con- committee concerned. States Code, to direct the Secretary of cerned. By Mr. GENE GREEN of Texas: Homeland Security to carry out an empty By Mr. SERRANO: H.R. 101. A bill to amend the National shipping container sealing pilot program to H.J. Res. 9. A joint resolution proposing an Labor Relations Act to require the arbitra- encourage shipping container handlers to amendment to the Constitution of the tion of initial contract negotiation disputes, seal empty shipping containers after they United States to repeal the twenty-second and for other purposes; to the Committee on have unpacked them, and for other purposes; article of amendment, thereby removing the Education and the Workforce. to the Committee on Homeland Security. limitation on the number of terms an indi- By Mr. GENE GREEN of Texas: By Ms. MILLENDER-MCDONALD: vidual may serve as President; to the Com- H.R. 173. A bill to prevent and respond to H.R. 102. A bill to amend the Communica- mittee on the Judiciary. terrorism and crime at or through ports; re- tions Act of 1934 to provide for the use of un- By Mr. KENNEDY of Minnesota: ferred to the Committee on the Judiciary, expended universal service funds in low-in- H. Con. Res. 7. A concurrent resolution ex- and in addition to the Committees on Trans- come schools, and for other purposes; to the pressing the sense of the Congress that there portation and Infrastructure, Ways and Committee on Energy and Commerce. should be established a Free Enterprise Edu- Means, and Homeland Security, for a period By Mr. GENE GREEN of Texas: cation Week to encourage schools and busi- to be subsequently determined by the Speak- H.R. 103. A bill to amend the National nesses to educate students about the free en- er, in each case for consideration of such pro- Flood Insurance Act of 1968 to provide a 50 terprise system; to the Committee on Gov- visions as fall within the jurisdiction of the percent discount in flood insurance rates for ernment Reform. committee concerned. the first 5 years that certain low-cost prop- By Ms. MILLENDER-MCDONALD: By Ms. REGULA: erties are included in flood hazard zones; to H.R. 189. A bill to provide for the retention H. Con. Res. 8. A concurrent resolution ex- the Committee on Financial Services. of the name of Mount McKinley; to the Com- pressing the sense of the Congress that the By Mr. GENE GREEN of Texas: mittee on Resources. National Family Caregiver Support Program H.R. 104. A bill to provide Capitol-flown By Mr. SWEENEY: should be fully funded continue efforts to flags to the families of deceased law enforce- H.R. 226. A bill to strengthen and expand provide relief and necessary services to indi- ment officers; to the Committee on the Judi- scientific and technological education capa- viduals who perform informal or unpaid care ciary. bilities of associate-degree-granting colleges for the elderly and care for children under 18 By Mr. GENE GREEN of Texas: through the establishment of partnership ar- years of age; to the Committee on Education H.R. 105. A bill to amend the Immigration rangements with bachelor-degree-granting and the Workforce. and Nationality Act to exempt elementary institutions; to the Committee on Education By Mr. STEARNS (for himself and Mr. and secondary schools from the fee imposed and the Workforce. LEWIS of Georgia): on employers filing petitions with respect to By Mr. SWEENEY (for himself, Mr. H. Con. Res. 10. A concurrent resolution non-immigrant workers under the H–1B pro- MCHUGH, and Mr. BOEHLERT): supporting the goals and ideals of Chronic gram; to the Committee on the Judiciary. H.R. 227. A bill to reduce acid deposition Obstructive Pulmonary Disease Awareness By Mr. GENE GREEN of Texas: under the Clean Air Act, and for other pur- Month; to the Committee on Government H.R. 106. A bill to require the Surface poses; to the Committee on Energy and Com- Reform. Transportation Board to consider certain merce. By Mr. STEARNS: issues when deciding whether to authorize By Mr. SWEENEY: H. Con. Res. 11. A concurrent resolution re- the construction of a railroad line; to the H.R. 228. A bill to establish a realistic, quiring the display of the Ten Command- Committee on Transportation and Infra- threat-based allocation of grant funds for ments in the Hall of the House of Represent- structure. first responders; to the Committee on Home- atives and the Chamber of the Senate; to the By Mr. GENE GREEN of Texas: land Security. Committee on House Administration. H.R. 107. A bill to deem the nondisclosure By Mr. TERRY (for himself. Mr. FOR- By Mr. STEARNS: of employer-owned life insurance coverage of TENBERRY, and Mr. OSBORNE): H. Con. Res. 12. A concurrent resolution re- employees an unfair trade practice under the H.R. 232. A bill to authorize an additional quiring the display of the Ten Command- Federal Trade Commission Act, and for other district judgeship for the district of Ne- ments in the United States Capitol; to the purposes; referred to the Committee on Edu- braska; to the Committee on the Judiciary. Committee on House Administration.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00100 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 251 By Mr. TOWNS: grams for small and medium-sized manufac- status under section 245(i) of the Immigra- H. Con. Res. 13. A concurrent resolution ex- turers, and for other purposes; to the Com- tion and Nationality Act by extending the pressing the sense of the Congress that Har- mittee on Science. deadline for classification petition and labor riet Tubman should have been paid a pension By Ms. JACKSON-LEE of Texas: certification filings; to the Committee on for her service as a nurse and scout in the H.R. 251. A bill to assist aliens who were the Judiciary. United States Army during the Civil War; to transplanted to the United States as chil- By Ms. JACKSON-LEE of Texas: the Committee on Armed Services. dren in continuing their education and oth- H.R. 262. A bill to require the Secretary of By Mr. GENE GREEN of Texas: erwise integrating into American society; to Education to conduct a study and submit to H. Res. 19. A resolution expressing the the Committee on the Judiciary. Congress a report on methods for identifying sense of the House of Representatives that By Ms. JACKSON-LEE of Texas: and treating children with dyslexia in kin- the President should award the Presidential H.R. 252. A bill to amend title XVIII of the dergarten through third grade; to the Com- Medal of Freedom posthumously to Rick Social Security Act to require hospitals re- mittee on Education and the Workforce. Husband, William McCool, Michael Ander- imbursed under the Medicare system to es- By Mr. BILIRAKIS: son, Kalpana Chawla, David Brown, Laurel tablish and implement security procedures H.R. 263. A bill to amend the Internal Rev- to reduce the likelihood of infant patient ab- Clark, and Ilan Ramon, all of whom died in enue Code of 1986 to allow employers a tax duction and baby switching, including proce- the destruction of the space shuttle Colum- credit for hiring displaced homemakers; to dures for identifying all infant patients in bia; to the Committee on Government Re- the Committee on Ways and Means. the hospital in a manner that ensures that it form. By Mr. BRADLEY of New Hampshire: will be evident if infants are missing from H.R. 264. A bill to amend the Internal Rev- [Submitted January 6, 2005] the hospital; to the Committee on Ways and enue Code of 1986 to allow a lump sum con- By Mr. THOMAS (for himself and Mr. Means, and in addition to the Committees on tribution to Coverdell education savings ac- RANGEL): the Judiciary, and Energy and Commerce, counts whenever the contribution limit is in- H.R. 241. A bill to accelerate the income for a period to be subsequently determined creased; to the Committee on Ways and tax benefits for charitable cash contribu- by the Speaker, in each case for consider- tions for the relief of victims of the Indian ation of such provisions as fall within the ju- Means. Ocean tsunami; to the Committee on Ways risdiction of the committee concerned. By Mr. BRADLEY of New Hampshire: and Means. considered and passed. By Ms. JACKSON-LEE of Texas: H.R. 265. A bill to amend the Internal Rev- By Mr. EHLERS: H.R. 253. A bill to provide for the collection enue Code of 1986 to provide an exclusion H.R. 242. A bill to authorize appropriations of data on traffic stops; to the Committee on from gross income for student loan payments to the Department of Transportation for sur- the Judiciary. made by an employer on behalf of an em- face transportation research and develop- By Ms. JACKSON-LEE of Texas: ployee; to the Committee on Ways and ment, and for other purposes; to the Com- H.R. 254. A bill to provide for the establish- Means. mittee on Science, and in addition to the ment of a task force within the Bureau of By Ms. GINNY BROWN-WAITE of Flor- Committee on Transportation and Infra- Justice Statistics to gather information ida: structure, for a period to be subsequently de- about, study, and report to the Congress re- H.R. 266. A bill to amend the Congressional termined by the Speaker, in each case for garding, incidents of abandonment of infant Budget Act of 1974 to protect Social Security consideration of such provisions as fall with- children; to the Committee on the Judiciary, beneficiaries against any reduction in bene- in the jurisdiction of the committee con- and in addition to the Committee on Edu- fits; to the Committee on Rules, and in addi- cerned. cation and the Workforce, for a period to be tion to the Committee on the Budget, for a By Mr. EHLERS: subsequently determined by the Speaker, in period to be subsequently determined by the H.R. 243. A bill to authorize appropriations each case for consideration of such provi- Speaker, in each case for consideration of to the Department of Transportation for sur- sions as fall within the jurisdiction of the such provisions as fall within the jurisdic- face transportation research and develop- committee concerned. tion of the committee concerned. ment, and for other purposes; to the Com- By Ms. JACKSON-LEE of Texas: By Mr. CAMP: mittee on Science. H.R. 255. A bill to prevent commercial H.R. 267. A bill to require amounts remain- By Ms. JACKSON-LEE of Texas: alien smuggling, and for other purposes; to ing in Members’ representational allowances H.R. 244. A bill to create a separate DNA the Committee on the Judiciary. at the end of a fiscal year to be used for def- database for violent predators against chil- By Ms. JACKSON-LEE of Texas: icit reduction or to reduce the Federal debt, dren, and for other purposes; to the Com- H.R. 256. A bill to amend title 18, United and for other purposes; to the Committee on mittee on the Judiciary. States Code, to provide an alternate release House Administration. By Ms. JACKSON-LEE of Texas: date for certain nonviolent offenders, and for By Mr. CAMP: H.R. 245. A bill to amend the Immigration other purposes; to the Committee on the Ju- H.R. 268. A bill to repeal the sunset of the and Nationality Act with respect to the diciary. Economic Growth and Tax Relief Reconcili- record of admission for permanent residence By Ms. JACKSON-LEE of Texas: ation Act of 2001 with respect to the expan- H.R. 257. A bill to amend the Immigration in the case of certain aliens; to the Com- sion of the adoption credit and adoption as- and Nationality Act to reunify families, per- mittee on the Judiciary. sistance programs; to the Committee on mit earned access to permanent resident sta- By Ms. JACKSON-LEE of Texas: Ways and Means. tus, provide protection against unfair immi- H.R. 246. A bill to prevent children’s access By Mr. CAMP: gration-related employment practices, re- to firearms; to the Committee on the Judici- H.R. 269. A bill to amend title 38, United form the diversity visa program, provide ad- ary. States Code, to provide for certain justment of status for Haitians and Liberian By Ms. JACKSON-LEE of Texas: servicemembers to become eligible for edu- nationals, and for other purposes; to the H.R. 247. A bill to increase the numerical cational assistance under the Montgomery Committee on the Judiciary. limitation on the number of asylees whose GI Bill; to the Committee on Veterans’ Af- By Ms. JACKSON-LEE of Texas: fairs, and in addition to the Committee on status may be adjusted to that of an alien H.R. 258. A bill to authorize the President Armed Services, for a period to be subse- lawfully admitted for permanent residence; to posthumously award a gold medal on be- quently determined by the Speaker, in each to the Committee on the Judiciary. half of the Congress to the seven members of case for consideration of such provisions as By Ms. JACKSON-LEE of Texas: the crew of the space shuttle Columbia in H.R. 248. A bill to modify the requirements recognition of their outstanding and endur- fall within the jurisdiction of the committee applicable to the admission into the United ing contributions to the Nation; to the Com- concerned. States of H-1C nonimmigrant registered mittee on Financial Services. By Mrs. CHRISTENSEN: nurses, and for other purposes; to the Com- By Ms. JACKSON-LEE of Texas: H.R. 270. A bill to require establishment of mittee on the Judiciary. H.R. 259. A bill to enhance Federal enforce- an Office of Territorial Affairs in each Exec- By Mr. BAKER: ment of hate crimes, and for other purposes; utive department and each independent es- H.R. 249. A bill to repeal the reservation of to the Committee on the Judiciary. tablishment; to the Committee on Re- mineral rights made by the United States By Ms. JACKSON-LEE of Texas: sources. when certain lands in Livingston , H.R. 260. A bill to amend the Immigration By Mrs. CHRISTENSEN: Louisiana, were conveyed by Public Law 102- and Nationality Act to modify the require- H.R. 271. A bill to convey certain sub- 562; to the Committee on Resources. ments for a child born abroad and out of merged lands to the Government of the Vir- By Mr. EHLERS: wedlock to acquire citizenship based on the gin Islands, and for other purposes; to the H.R. 250. A bill to establish an interagency citizenship of the child’s father, and for Committee on Resources. committee to coordinate Federal manufac- other purposes; to the Committee on the Ju- By Mrs. CHRISTENSEN: turing research and development efforts in diciary. H.R. 272. A bill to provide for a land ex- manufacturing, strengthen existing pro- By Ms. JACKSON-LEE of Texas: change on the island of John, Virgin grams to assist manufacturing innovation H.R. 261. A bill to expand the class of bene- Islands, between the National Park Service and education, and expand outreach pro- ficiaries who may apply for adjustment of and the Government of the United States

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 252 CONGRESSIONAL RECORD—HOUSE January 6, 2005

Virgin Islands to facilitate the establish- MAN, Mr. CANTOR, Mr. ACKERMAN, Mr. 8200 South Vermont Avenue in Los Angeles, ment of a school on the island, and for other ANDREWS, Mr. BACHUS, Ms. BERKLEY, California, as the ‘‘Staff Sergeant First Class purposes; to the Committee on Resources. Mrs. BIGGERT, Mr. BOEHLERT, Mr. John Marshall Post Office Building’’; to the By Mrs. CHRISTENSEN: BURTON of Indiana, Mr. CHANDLER, Committee on Government Reform. H.R. 273. A bill to amend the Internal Rev- Mr. COX, Mr. CROWLEY, Mrs. JO ANN By Ms. JACKSON-LEE of Texas: enue Code of 1986 to repeal the cap on the DAVIS of Virginia, Mr. LINCOLN DIAZ- H. Con. Res. 14. Concurrent resolution ex- cover over of tax on distilled spirits to Puer- BALART of Florida, Mr. MARIO DIAZ- pressing the sense of Congress that a com- to Rico and the Virgin Islands; to the Com- BALART of Florida, Mr. ENGEL, Mr. memorative postage stamp should be issued mittee on Ways and Means. FALEOMAVAEGA, Mr. FOLEY, Mr. GAR- in honor of the late George Thomas ‘‘Mick- By Mrs. JO ANN DAVIS of Virginia: RETT of New Jersey, Mr. GREEN of ey’’ Leland; to the Committee on Govern- H.R. 274. A bill to impose certain limita- Wisconsin, Ms. HARRIS, Mr. ISRAEL, ment Reform. tions on the receipt of out-of-State munic- Mr. JOHNSON of Illinois, Mr. KIRK, By Ms. JACKSON-LEE of Texas: ipal solid waste, and for other purposes; to Mr. LARSEN of Washington, Mr. H. Con. Res. 15. Concurrent resolution ex- the Committee on Energy and Commerce. MCCOTTER, Mr. MENENDEZ, Mr. MICA, pressing the sense of Congress that Congress By Mr. GENE GREEN of Texas: Mrs. MYRICK, Mr. NADLER, Mr. NOR- has the sole and exclusive power to declare H.R. 275. A bill to amend the Personal Re- WOOD, Mr. NUNES, Mr. PENCE, Mr. war; to the Committee on International Re- sponsibility and Work Opportunity Rec- PLATTS, Mr. PORTER, Mr. ROTHMAN, lations. onciliation Act of 1996 to allow States and Mr. ROHRABACHER, Mr. RYAN of Wis- By Mr. HYDE (for himself, Mr. LANTOS, localities to provide primary and preventive consin, Mr. SAXTON, Mr. SHERMAN, Mrs. JO ANN DAVIS of Virginia, Mr. care to all individuals; to the Committee on Mr. SHIMKUS, Mr. SMITH of New Jer- BURTON of Indiana, Mr. WEXLER, and Energy and Commerce. sey, Mr. SOUDER, Mr. SULLIVAN, Mr. Ms. KAPTUR): By Mr. GENE GREEN of Texas: TANCREDO, Mr. WELLER, Mr. WEXLER, H. Con. Res. 16. Concurrent resolution con- H.R. 276. A bill to amend title II of the So- and Mr. WILSON of South Carolina): gratulating the people of Ukraine for con- cial Security Act to remove the limitation H.R. 282. A bill to hold the current regime ducting a democratic, transparent, and fair upon the amount of outside income which an in Iran accountable for its threatening be- runoff presidential election on December 26, individual may earn while receiving benefits havior and to support a transition to democ- 2004, and congratulating Viktor Yushchenko under such title, and for other purposes; to racy in Iran; to the Committee on Inter- on his election as President of Ukraine and the Committee on Ways and Means. national Relations. his commitment to democracy and reform; By Mr. GENE GREEN of Texas: By Ms. LINDA T. SA´ NCHEZ of Cali- to the Committee on International Rela- H.R. 277. A bill to amend title XXVII of the fornia: tions. Public Health Service Act and title I of the H.R. 283. A bill to amend the Safe and By Ms. MILLENDER-MCDONALD: Employee Retirement Income Security Act Drug-Free Schools and Communities Act and H. Con. Res. 17. Concurrent resolution ex- of 1974 to require that group and individual the Omnibus Crime Control and Safe Streets pressing the sense of Congress that the Na- health insurance coverage and group health Act of 1968 to authorize the use of grant tional Academy of Sciences, through the plans provide comprehensive coverage for funds for bullying and gang prevention, and Board on Children, Youth, and Families, childhood immunization; to the Committee for other purposes; to the Committee on should convene an expert panel to rec- on Energy and Commerce, and in addition to Education and the Workforce, and in addi- ommend the best practices and measures to the Committee on Education and the Work- tion to the Committee on the Judiciary, for use in data collection relating to foster care force, for a period to be subsequently deter- a period to be subsequently determined by and to research and develop methods for mined by the Speaker, in each case for con- the Speaker, in each case for consideration streamlining the application and approval sideration of such provisions as fall within of such provisions as fall within the jurisdic- process for moving a child from foster care the jurisdiction of the committee concerned. tion of the committee concerned. to a permanent residence; to the Committee By Mr. KING of Iowa: By Mr. SHIMKUS (for himself and Mr. on Education and the Workforce. H.R. 278. A bill to amend the Help America DAVIS of Illinois): By Ms. ROS-LEHTINEN (for herself H.R. 284. A bill to amend the Safe and Vote Act of 2002 to require voting systems to and Mr. ENGEL): Drug-Free Schools and Communities Act to H. Con. Res. 18. Concurrent resolution ex- produce a verifiable paper record of each include bullying and harassment prevention pressing the grave concern of Congress re- vote cast and to ensure the security of elec- programs; to the Committee on Education garding the continuing gross violations of tronic data, and for other purposes; to the and the Workforce. human rights and civil liberties of the Syr- Committee on House Administration. By Mr. THORNBERRY (for himself and ian and Lebanese people by the Government By Ms. MILLENDER-MCDONALD: Ms. ZOE LOFGREN of California): of the Syrian Arab Republic; to the Com- H.R. 279. A bill to amend the Family and H.R. 285. A bill to amend the Homeland Se- mittee on International Relations. Medical Leave Act of 1993 to include nurse curity Act of 2002 to enhance cybersecurity, By Mr. PENCE: practitioners and domestic partners within and for other purposes; to the Committee on H. Res. 32. A resolution electing Members, the scope of coverage of the Act and to ex- Homeland Security. Delegates, and Resident Commissioners to tend the period of family or medical leave By Mr. TOWNS: standing committees of the House of Rep- for spouses employed by the same employer; H.R. 286. A bill to amend title XIX of the resentatives; considered and agreed to. to the Committee on Education and the Social Security Act to require States that By Mr. CLYBURN: Workforce, and in addition to the Commit- provide Medicaid prescription drug coverage H. Res. 33. A resolution electing Members tees on House Administration, and Govern- to cover drugs medically necessary to treat to certain standing committees of the House ment Reform, for a period to be subsequently obesity; to the Committee on Energy and of Representatives; considered and agreed to. determined by the Speaker, in each case for Commerce. By Mr. COX (for himself, Mrs. BONO, consideration of such provisions as fall with- By Mr. TOWNS: Ms. WATSON, Mr. ROHRABACHER, Ms. in the jurisdiction of the committee con- H.R. 287. A bill to amend title XIX of the SOLIS, and Mr. SHADEGG): cerned. Social Security Act to assure coverage for H. Res. 34. A resolution congratulating the By Mr. GARY G. MILLER of California legal immigrant children and pregnant University of Southern California Trojans (for himself, Mrs. MALONEY, Mr. women under the Medicaid Program and the for their second straight national title; to OXLEY, Mr. FRANK of Massachusetts, State children’s health insurance program the Committee on Education and the Work- Mr. NEY, Mr. KANJORSKI, Mr. LEACH, (SCHIP); to the Committee on Energy and force. Ms. HART, Mr. SOUDER, and Mr. TUR- Commerce. By Mr. GENE GREEN of Texas: NER): By Mr. TOWNS: H. Res. 35. A resolution expressing the H.R. 280. A bill to facilitate the provision H.R. 288. A bill to amend the Civil Rights sense of the House of Representatives con- of assistance by the Department of Housing Act of 1964 and the Fair Housing Act to pro- cerning health promotion and disease pre- and Urban Development for the cleanup and hibit discrimination on the basis of affec- vention; to the Committee on Energy and economic redevelopment of brownfields; to tional or sexual orientation, and for other Commerce. the Committee on Financial Services. purposes; to the Committee on the Judici- By Ms. MCCOLLUM of Minnesota (for By Mr. NORWOOD: ary, and in addition to the Committee on herself and Ms. BORDALLO): H.R. 281. A bill to require a study and re- Education and the Workforce, for a period to H. Res. 36. A resolution congratulating the port regarding the construction and designa- be subsequently determined by the Speaker, College of Saint Catherine in Saint Paul, tion of a new Interstate from Augusta, Geor- in each case for consideration of such provi- Minnesota, on its centennial anniversary, gia to Natchez, Mississippi; to the Com- sions as fall within the jurisdiction of the and commending its outstanding contribu- mittee on Transportation and Infrastruc- committee concerned. tions to the education and preparation of ture. By Ms. WATERS: women as leaders of our communities, our By Ms. ROS-LEHTINEN (for herself, H.R. 289. A bill to designate the facility of families, and our nation; to the Committee Mr. LANTOS, Mr. CHABOT, Mr. BER- the United States Postal Service located at on Education and the Workforce.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 CONGRESSIONAL RECORD—HOUSE 253 By Ms. ROS-LEHTINEN (for herself 2. Also, a memorial of the House of Rep- PETITIONS, ETC. and Mr. ACKERMAN): resentatives of the State of Michigan, rel- H. Res. 37. A resolution commending the ative to House Resolution No. 305 memori- Under clause 3 of rule XII, petitions people and the Governments of the alizing the President and the Congress of the and papers were laid on the clerk’s Hashemite Kingdom of Jordan, the Kingdom United States to designate the River Basin desk and referred as follows: of Morocco, the Kingdom of Bahrain, the Battlefield as a National Historic Landmark; 1. The SPEAKER presented a petition of State of Kuwait, the State of Qatar, the Sul- to the Committee on Resources. the Prince George’s County Government, tanate of Oman, and the Republic of Yemen 3. Also, a memorial of the General Assem- Maryland, relative to Resolution No. CR-60- for their political and economic liberaliza- bly of the State of Ohio, relative to Senate 2004 supporting H.R. 4217 to increase the tion efforts and expressing hope that Concurrent Resolution No. 32 memorializing maximum Federal share of the costs of State progress will continue and that the efforts of the United States Congress to support and programs under the National Guard Chal- these countries will serve as a model for fully fund the National Aeronautics and leNGe Program, and petitioning the Mary- other Arab countries; to the Committee on Space Administration’s Vision for Space Ex- land Delegation to the United States Con- International Relations. ploration Program; to the Committee on gress to join and support the efforts to se- By Ms. ROS-LEHTINEN (for herself, Science. cure passage of H.R. 4217; to the Committee Mr. CROWLEY, and Mrs. JO ANN DAVIS on Armed Services. of Virginia): f 2. Also, a petition of the Legislature of H. Res. 38. A resolution expressing support Rockland County, New York, relative to Res- for the accession of Israel to the Organiza- olution No. 542 of 2004 petitioning the United tion for Economic Co-operation and Develop- PRIVATE BILLS AND States Senate to pass, and the United States ment (OECD); to the Committee on Inter- RESOLUTIONS House of Representatives to introduce and national Relations. Under clause 3 of rule XII, private pass, S. 2968—A Bill to amend the Public f bills and resolutions of the following Health Service Act to address the shortage of influenza vaccine, and for other purposes; titles were introduced and severally re- MEMORIALS to the Committee on Energy and Commerce. ferred, as follows: 3. Also, a petition of the Legislature of Under clause 3 of rule XII, memorials By Ms. JACKSON-LEE of Texas: Rockland County, New York, relative to Res- were presented and referred as follows: H.R. 290. A bill for the relief of Ahmad olution No. 543 of 2004 petitioning the United 1. The SPEAKER presented a memorial of Khabaz Taghizadeh and Azammolok States Congress to introduce and pass appro- the Legislature of the State of Michigan, rel- Taghizadeh Vatani; to the Committee on the priate legislation allowing equal federal tax ative to House Concurrent Resolution No. 68 Judiciary. treatment of health benefits for married cou- memorializing the Congress of the United By Ms. JACKSON-LEE of Texas: ples and domestic partners as is addressed in States and the Department of Health and H.R. 291. A bill for the relief of Sharif U.S. Senate Bill S. 1702, The Domestic Part- Human Services to establish the NorthEast Kesbeh, Asmaa Sharif Kesbeh, Baol Kesbeh, ner Health Benefits Equity Act, and the Detroit Community Health Center as a feder- Noor Sharif Kesbeh, Alaa Kesbeh, Sondos United States Congress Bill H.R. 935, The ally qualified health care center; to the Com- Kesbeh, Hadeel Kesbeh, and Mohanned Tax Equity For Health Plan Beneficiaries mittee on Energy and Commerce. Kesbeh; to the Committee on the Judiciary. Act; to the Committee on Ways and Means.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 254 EXTENSIONS OF REMARKS January 6, 2005 EXTENSIONS OF REMARKS

IN HONOR OF ETHEL PESIN HONORING WILLIAM STAPKA REMEMBERING SHIRLEY CHIS- HOLM (1924–2005), MEMBER OF CONGRESS 1968–1982 HON. ROBERT MENENDEZ HON. RAHM EMANUEL OF NEW JERSEY OF ILLINOIS HON. BETTY McCOLLUM OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, January 6, 2005 Thursday, January 6, 2005 Thursday, January 6, 2005 Ms. MCCOLLUM of Minnesota. Mr. Speak- Mr. MENENDEZ. Mr. Speaker, I rise today Mr. EMANUEL. Mr. Speaker, I rise today to er, this week, America mourns the lost of a to honor Ethel Pesin for her years of dedi- extend my warmest congratulations to Mr. Wil- steadfast heroine. The first African American cated public service and commitment to im- liam Stapka of Chicago on the occasion of his woman elected to Congress and the first per- proving the community. Ethel Pesin will be 75 birthday. son of color to run for president of the United honored at her 90th birthday celebration in Mr. Stapka has been an outstanding resi- States, Shirley Chisholm broke barriers and Jersey City, New Jersey. dent of the Norwood Park community for the set standards. She represented the people of Mrs. Pesin’s involvement in a variety of civic past 45 years. Working at O’Hare for the City Brooklyn, New York but she carried with her and community endeavors throughout the of Chicago’s Aviation Department as well as in the hopes and highest ideals of our entire na- years has earned her great respect and ap- the precincts of Chicago, Mr. Stapka has been tion. As a former educator, Shirley Chisholm preciation. Her willingness to volunteer her an ever present fixture of our community. His fought relentlessly in Congress to improve time helping those in need and her genuine contributions to public service deserve our rec- ognition and gratitude. public education, particularly early childhood concern for the improvement and preservation education. As one of the founders of the Con- of local landmarks has made a significant im- Born in Poland, Mr. Stapka understands the gressional Black Caucus and the National Or- pact on Jersey City and the surrounding area. struggles facing immigrants in America. Like ganization for Women, she hired an all-women Working with the Hudson County Citizens those who achieved success through hard staff during her first term in Congress. She Committee, Mrs. Pesin was instrumental in work and a determined spirit, Mr. Stapka pro- was indeed resolute in her fight for equality, helping to save the Boulevard and the Hudson vided a pleasant and prosperous life for his women’s rights and civil rights. County Courthouse from being demolished. family. After 33 years of working for the City Ms. Chisholm was known and respected Some of her past volunteer efforts include par- of Chicago, Mr. Stapka retired as a chief oper- across the political spectrum for her uncom- ticipating in ‘‘Meals on Wheels’’ and offering ating engineer at O’Hare Airport. promising integrity. She was unflinching in the piano performances at the Academy House, a Throughout his life, Mr. Stapka has dem- face of great odds and unfailing in her willing- center for the mentally ill. onstrated his firm commitment to public serv- ness to fight for what she believed was right. In her words, she was ‘unbought and Throughout the years, Mrs. Pesin’s greatest ice, particularly through his contributions to unbossed.’ passion has been devoted to the establish- Chicago’s since 1960. He is In 1972, Shirley Chisholm made history by ment and conservation of Liberty State Park an active member of Committeeman Tom declaring her bid for president. Although she (LSP). As a founding board of trustees mem- Lyons and Alderman Pat Levar’s 45th Ward did not win the Democratic nomination, she ber of the Friends of LSP, she has worked Democratic Organization. He served as cam- broke barriers for African Americans and tirelessly to oppose commercialization and paign treasurer for the beloved late Congress- women, thus helping to open the door of op- maintain and improve the beautification of the man Roman Pucinski, in his races for both the portunity for those who followed her. She is a urban waterfront. In the past, she served on Chicago City Council and the U.S. House of woman of great courage and a strong role the LSP Public Advisory Commission and is Representatives. His loyalty to the Pucinski model for young women around the world. currently a member of the LSP Interdiscipli- family continues to this day through his serv- A trailblazer and triumphant spirit, Shirley nary Planning Committee. ice as treasurer for Judge Aurelia Pucinski. Chisholm was truly a woman of the people. The daughter of Latvian immigrants, Mrs. Taking an active role in all aspects of his Her legacy will always be remembered. Pesin was raised in Jersey City. She grad- life, Mr. Stapka is also a member of the Im- f uated from Syracuse University in 1935 with a maculate Conception Church and serves as a FREEDOM FOR DIOSDADO degree in music and taught at Snyder Junior member of the Holy Name Society within this GONZA´ LEZ MARRERO High School and Lincoln High School before parish. Still young at heart, Mr. Stapka also teaching private lessons for seven years. She volunteers as a referee for local men’s college soccer teams. HON. LINCOLN DIAZ-BALART later served one term as president of the Jer- OF FLORIDA sey City State College Community Orchestra. Along with his late wife, Marcela, he raised IN THE HOUSE OF REPRESENTATIVES Many in Jersey City also know Mrs. Pesin three children: Susan, Andrew and Tom. Mr. Thursday, January 6, 2005 from the popular clothing store she and her Stapka is now the proud grandfather of three husband, Morris, owned for 28 years. Mrs. wonderful grandchildren: Nicole, Rebecca, and Mr. LINCOLN DIAZ-BALART of Florida. Mr. Pesin and her husband were married for 54 Randy. Speaker, I rise today to speak about Diosdado Gonza´lez Marrero, a political prisoner in totali- years and she is the proud mother of two chil- Mr. Speaker, I rise today in honor of the dren, Sam and Judy. tarian Cuba. 75th birthday of William Stapka. He is a man Mr. Gonza´lez Marrero is a pro-democracy Today, I ask my colleagues to join me in who has stood tall in the face of great chal- activist who is striving to create a Cuban soci- honoring Ethel Pesin for her unwavering com- lenges and difficulties, built an impeccable ety that recognizes human rights, freedom, mitment to improving the natural and historic reputation, and after 75 years, he still main- and democracy. He has been a peaceful sup- beauty of her city and her dedication to help- tains a youthful spirit. On behalf of the people porter in the cause of bringing liberty to an is- ing those in need throughout the community. of the northwest side of Chicago, I thank Mr. land shackled by a tyrant’s brutal machinery of Mrs. Pesin’s warmth, compassion, love for Stapka for all he has given to those around repression. Unfortunately, the dictator force- family and friends, and enthusiasm for life has him, and wish him continued in the fully represses those who bravely support touched all who know her. future. freedom instead of the despotic regime.

● 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 Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00104 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 EXTENSIONS OF REMARKS 255 In 1999, Mr. Gonza´lez Marrero was locked come more efficient, to modernize, and to cut tering to the community and attending to the in the totalitarian gulag for six months during their prices. There is no evidence that these spiritual needs of congregants at various the Ibero-American Summit held in Havana in pressures are likely to go away. churches, missions, and spiritual retreats. November 1999. Despite being confined in the In my conversations with manufacturers, I In addition to his work with churches around horrors of the gulag, Mr. Gonza´lez bravely learned of their deep concern that the decline the area, Father Blessin served for 9 years as continued his peaceful activities to bring liberty of manufacturing in the U.S. is undermining the assistant headmaster at Loyola High and freedom to Cuba. our ability to innovate. Innovation is the key to School and an additional 2 years as the Unfortunately, Mr. Gonza´lez Marrero was the development of new industries, without school chaplain. For 25 years, he was a chap- arrested again in March 2003, as part of the which our economy could stagnate. Govern- lain and active member of the New Jersey Na- repulsive island wide crackdown against ments of our global competitors are eagerly tional Guard. He later worked at St. Peter’s peaceful pro-democracy activists. In a sham supporting investments in manufacturing R&D College where he offered mass and assisted trial, he was sentenced to 20 years in the to- because they know that it is the foundation for with student services. Currently, he is retired talitarian gulag. sustained economic development. and living in the Jesuit residence at St. Peter’s The family of Mr. Gonza´lez Marrero has re- If we are to continue to be the world techno- College in Jersey City. ported that he was being held in solitary con- logical leader, we need to rise to this new Today, I ask my colleagues to join me in finement in a punishment cell where he is de- global challenge by supporting our manufac- honoring the Reverend Thomas C. Blessin, prived of any sunlight, adequate ventilation or turers. The Manufacturing Technology Com- S.J., for his outstanding spiritual leadership drinking water, and subjected to temperatures petitiveness Act, which received broad support and years of faithful service to the people of of 30 to 32 degrees centigrade. According to in the House in the 108th Congress, will ac- New Jersey. His dedicated work throughout Amnesty International, Mr. Gonza´lez Marrero complish that by: the decades has helped to enrich the lives of is suffering from high blood pressure and inad- Creating an Interagency Committee that will so many throughout our community. equate medical attention to his failing health. coordinate the existing federal manufacturing f Let me be very clear, Mr. Gonza´lez Marrero research and development activities to ensure is languishing in the depraved dungeons of that they work as effectively and harmoniously REMEMBERING the tyrant’s gulag because he desires freedom as possible; MCDERMOTT for the people of Cuba. His demand for the Creating a new collaborative research and rights of man to be given back to the citizens development program for manufacturing tech- HON. RAHM EMANUEL of Cuba is the only reason that he is locked nology; OF ILLINOIS in the abhorrent filth of Castro’s prisons. Reauthorizing the critical programs at the IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, as we gather to celebrate the National Institute of Standards and Tech- Thursday, January 6, 2005 results of our democracy and to commence nology (NIST), a federal research laboratory the first session of the 109th Congress, it re- dedicated to ensuring U.S. leadership in tech- Mr. EMANUEL. Mr. Speaker, I rise today to mains repulsive that, only 90 miles from our nology-based standards and industries; mourn the loss of a beloved leader of the Chi- shore, brave souls like Mr. Gonza´lez Marrero Creating a fellowship program at NIST to cago Archdiocese, Monsignor Ignatius D. are locked in dungeons because they too be- develop U.S. manufacturing research exper- McDermott, who passed away on December lieve in the freedoms we hold sacred to our tise; and 31. way of life. My Colleagues, let us remember Reauthorizing and creating a new grant pro- Monsignor McDermott, known affectionately those who suffer under the nightmare that is gram within the Manufacturing Extension Part- as Father Mac, was born on Chicago’s South the Castro regime. Let us demand the imme- nership (MEP) program so that the MEP Cen- Side on July 31, 1909. He was ordained in diate release of Diosdado Gonza´lez Marrero ters can extend their expertise to a range of 1936 after studying at Quigley Preparatory and every prisoner of conscience languishing problems beyond their current scope of activi- Seminary and Mundelein’s St. Mary of the in the dungeons of totalitarian despots. ties. Lake Seminary. f Mr. Speaker, globalization is in full swing. It Demonstrating a lifelong commitment to is incumbent upon this Congress to provide a helping those most in need, Monsignor INTRODUCTION OF THE MANUFAC- coherent federal response to the changes that McDermott often walked the streets of Chi- TURING TECHNOLOGY COMPETI- are underway in manufacturing, and to support cago’s poorest neighborhoods in order to com- TIVENESS ACT the technological innovation that is funda- fort the homeless and help recovering drug mental to retaining our manufacturing strength. addicts and alcoholics return to sobriety, hap- HON. VERNON J. EHLERS This bill provides a mechanism for that crucial piness and meaningful lives. OF MICHIGAN response and I look forward to working with In 1946, Monsignor McDermott was ap- IN THE HOUSE OF REPRESENTATIVES my colleagues on this issue in the 109th Con- pointed assistant director to the Chicago Archdiocese’s Catholic Charities. Advancing Thursday, January 6, 2005 gress. f his commitment to helping individuals with Mr. EHLERS. Mr. Speaker, I rise today to substance abuse problems, he founded introduce H.R. 250, ‘‘The Manufacturing Tech- IN HONOR OF REVEREND THOMAS Catholic Charities’ Addiction Consultation and nology Competitiveness Act.’’ I introduced this C. BLESSIN, S.J. Education Services and the Central States In- legislation in the 108th Congress, and it was stitute of Addiction. passed by the House. I am reintroducing it in HON. ROBERT MENENDEZ After nearly four decades of service, Mon- this Congress in the precise form passed last OF NEW JERSEY signor McDermott cofounded the Haymarket year. I am doing this because the global com- IN THE HOUSE OF REPRESENTATIVES Center in 1975. Named for its location near petitiveness of U.S. manufacturing remains a Haymarket Square in Chicago, the detoxifica- pressing issue. Thursday, January 6, 2005 tion center offers residential and outpatient This bill will help address long-term prob- Mr. MENENDEZ. Mr. Speaker, I rise today services. As a direct result of Monsignor lems facing our nation’s manufacturers by co- to honor the Reverend Thomas C. Blessin, McDermott’s compassion and dedication, the ordinating existing federal manufacturing pro- S.J., for his 55 years of service to the Society center has continued to expand over the years grams, creating a new program to revive man- of Jesus and the people of his community. Fa- and now serves over 14,006 people each ufacturing innovation through collaborative re- ther Blessin will be receiving the 2004 Rev- year. search and development, and broadening and erend James F. Fox, S.J. Award at the Loyola Mr. Speaker, I join with the people of Chi- strengthening manufacturing extension. School of New York’s Annual Alumni Dinner cago in recognizing the life of Monsignor Although manufacturing has experienced on January 7, 2005. McDermott. Together we honor his service tremendous technological gains over the last Throughout the years, Father Blessin pro- and lifelong dedication to community service few years, international competition has ex- vided a strong spiritual foundation for the as well as the lasting impact he has had on acted a terrible toll on our nation’s manufactur- members of his community. Born, raised, and the countless individuals he touched and ers. In particular, our small- and medium-sized ordained in Staten Island, he later moved to whose spirits he lifted throughout his distin- firms are under tremendous pressure to be- New Jersey where he spent decades minis- guished career. His many contributions leave

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00105 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 256 EXTENSIONS OF REMARKS January 6, 2005 an indelible mark on our community that will tem meets future needs. Good research, prop- tation research remained relatively flat. I be- always be remembered. erly done, will more than pay for itself in lieve that lack of investment in research has f longer-lasting roads, better bridges, faster traf- hurt our ability to meet new challenges. My fic flow, and fewer accidents. approach ensures that our transportation re- CLARIFICATION OF CONGRES- In the last Congress, as chairman of the search is well planned, peer reviewed, prop- SIONAL INTENT REGARDING 22 House Science Subcommittee on Environ- erly funded and evaluated and will go a long U.S.C. 7207(b)(1) ment, Technology and Standards, which way to help solve the many challenges facing shares jurisdiction over surface transportation our Nation’s transportation system. HON. LINCOLN DIAZ-BALART research with the Transportation and Infra- I look forward to again working with my col- structure Committee, I held hearings to hear leagues on the Science and Transportation OF FLORIDA from experts on the state of the Federal Gov- and Infrastructure Committees, the U.S. De- IN THE HOUSE OF REPRESENTATIVES ernment’s current surface transportation re- partment of Transportation, state transpor- Thursday, January 6, 2005 search program. In addition, we heard from a tation departments, and all other interested wide array of interests on how to improve and stakeholders as we try to finish the job begun Mr. LINCOLN DIAZ-BALART of Florida. Mr. last Congress. Speaker, I rise today to address a question reform the research program, and the levels at about the Congressional intent of the phrase which research should be funded. Based on f this input, I introduced the Surface Transpor- ‘‘payment of cash in advance’’ as it appears in HONORING MR. WILLIAM WUNSCH 22 U.S.C. 7207(b)(1) as passed by the U.S. tation Research and Development Act last Congress. House of Representatives on October 11, HON. MARILYN N. MUSGRAVE 2000, as passed by the U.S. Senate on Octo- This legislation I am introducing today is OF COLORADO ber 18, 2000, and as signed into law by Presi- identical to the bill that passed the Science IN THE HOUSE OF REPRESENTATIVES dent Clinton on October 28, 2000. Committee last Congress. It has three over- arching goals: to increase stakeholder input to As the principal negotiator and author of the Thursday, January 6, 2005 ensure that the people who must implement language in question, I can state, without any and use the research agree that it is applica- Mrs. MUSGRAVE. Mr. Speaker, this pre- ambiguity, that the Congressional intent be- ble to everyday challenges; to create the high- vious year, the community of Ft. Morgan, CO, hind the phrase ‘‘payment of cash in advance’’ est quality research through increased com- lost a veteran and a long time local farmer is the following: that all legal sales of agricul- petition and peer-review of all projects; and to when William Wunsch passed away at the age tural commodities or products to the Cuban ensure greater accountability so that our re- of 86. Government or any person in Cuba, must be search supports the goals of our surface He was born February 18, 1918, to Fred paid in full in advance of the shipment of the transportation system. and Katherine Wunsch, who lived in the Ger- goods. man Corner of Fort Morgan after emigrating More specifically, the bill: I sincerely hope that regulations will be from the Volga region of . Creates and funds an important research issued to reflect the congressional intent of Mr. Wunsch was drafted into the U.S. Army program run by the National Academy of this phrase. in February 1942. He served bravely during Sciences to address short to medium-term re- World War II as a tank sergeant in the 7th Ar- f search needs. Research will focus on reducing mored Division, and fought in the Battle of the congestion, renewing existing roads and INTRODUCTION OF H.R. 242, THE Bulge. Because of his heritage and his ability bridges while minimizing impact to the public, SURFACE TRANSPORTATION RE- to speak and read German, he provided a val- improving safety by reducing crashes, and de- SEARCH AND DEVELOPMENT uable service by working with the Counter In- veloping tools for getting more out of our exist- ACT OF 2005 telligence Corps before returning Colorado. ing highway capacity and assessing future After leaving the Army, Bill married Violet needs. All projects funded by this program will HON. VERNON J. EHLERS Eckhardt on December 15, 1946. Together be competitively awarded and peer-reviewed; they started a farm south of Fort Morgan OF MICHIGAN Provides needed funds to implement a pub- where he stayed until he retired in 1997. IN THE HOUSE OF REPRESENTATIVES lic-private cooperative environmental research Sadly, Violet was killed in a car accident in program, with the goal of developing the Thursday, January 6, 2005 1970. On May 1, 1971, he married Lydia Lehr knowledge, tools, and performance measures Schwartz and they worked together on the Mr. EHLERS. Mr. Speaker, today I rise to that will help us better understand and man- farm. William was named to the ‘‘High Ten’’ introduce ‘‘The Surface Transportation Re- age the linkage between the environment and several times for having the greatest average search and Development Act of 2005.’’ This the transportation system; sugar beet tonnage for the Sheds District of legislation is actually a reintroduction of the bill Calls on the U.S. Department of Transpor- the local sugar factory. Frequently he was that passed the Science Committee last Con- tation to take the lead in carrying out funda- interviewed by the local paper about his ac- gress. After the bill passed the Science Com- mental, long-term research to achieve break- complishments in farming and about his herit- mittee, I worked with my colleagues on the throughs in transportation research; age as a Volga German immigrant. Transportation and Infrastructure Committee to Increases funding for University Transpor- As a member of the Christ Congregational have many of the provisions included in the tation Centers and ensures greater competi- Church, William actively worked in his church House version of the reauthorization of the tion among universities which seek to become as a , secretary, Sunday school super- Transportation Equity Act for the 21st Cen- transportation research centers; intendent, and a Sunday school teacher. Mr. tury—better known as TEA–21. Unfortunately, Reforms and increases the responsiveness Wunsch also remained active in the commu- the House and Senate were not able to reach of the Bureau of Transportation Statistics to nity as president of the Beet Growers Associa- consensus on a final transportation bill. the needs of the transportation community; tion, the Daily Lateral Irrigation Company, and As we prepare to complete the reauthoriza- and a charter member of the Caring Ministries. tion early in this Congress, my legislation still Provides States with additional resources to Mr. Speaker, we lose more of our precious provides the needed emphasis on transpor- better train and educate the transportation veterans everyday. These heros have left their tation research and development that will en- workforce. homes to defend our nation, and then returned sure our whole transportation system can This legislation will significantly, yet pru- home to be valued members of their commu- meet the tremendous challenges of today and dently, increase funding for transportation re- nities, showing their children and grand- especially for the future. Considering that we search starting at $500 million a year in fiscal children how to live meaningful lives of serv- won’t have the ability to simply build more year 2006 for Federal research programs and ice. I want to take this brief moment to honor roads to address these challenges, especially gradually rising to $850 million a year by William Wunsch for the sacrifices that he in urban areas, we must look at new ways to 2010. When Congress increased funding for made. May God bless his family, may God improve the overall system, to make it safer overall transportation programs by upwards of bless our precious veterans, and may God and more efficient, and to ensure that the sys- 40 percent in TEA–21, funding for transpor- bless America.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00106 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 EXTENSIONS OF REMARKS 257 MOURNING THE LOSS OF CON- Department, and he earned a Bachelor’s De- ever, the men and women of the District of GRESSWOMAN SHIRLEY CHIS- gree. Columbia who volunteer for military service HOLM Commander Hurley’s life work, like the work are entitled to special honors. D.C. residents of law enforcement officers in all our commu- who serve today are the most recent in a long HON. ANTHONY D. WEINER nities, is the source of stability and safety we line of citizens of the District who have fought OF NEW YORK all count on and enjoy in our daily lives. and died for our country, although they did not My purpose in speaking today is to give due IN THE HOUSE OF REPRESENTATIVES have the same democratic rights as their fel- recognition to the quiet, knowledgeable, and low citizens and fellow soldiers. Thursday, January 6, 2005 reliable work Commander Hurley has consist- I ask the House of Representatives to honor Mr. WEINER. Mr. Speaker, I rise today to ently performed in his twenty-nine years with the residents of the District of Columbia who mourn the loss of a legend. Congresswoman the El Cerrito Police Department. have served in every war since the Revolu- Shirley Chisholm was a trailblazer whose story I thank him for his essential contributions to tionary War of 1775, by recognizing three represents the best of America, and the es- the quality of life in El Cerrito and the Tenth young men today who served in the Iraqi War, sence of the New York experience. Congressional District, and I wish him a well- Marcus Gray, Emory Kosh, and Isaac Lewis. She was the first of four girls born to two deserved retirement with his wife Deborah and We also honor members of the military from immigrants—one Barbadian, the other Guya- their children Danielle, Erin, and Ryan in the the District, including the D.C. National Guard, nese—who instilled in her a lifelong devotion desirable community he has worked well and who have served or are serving in Afghanistan to the value of a good education. She grad- hard to shape. and throughout the world, especially those uated cum laude from Brooklyn College, and f who have lost their lives. Specialists Gray, Kosh and Lewis were went onto earn a master’s degree at Colum- HONORING LEO E. FUHR, DISTRICT members of the U.S. Army Reserves, 299th bia. DIRECTOR FARM SERVICE AGENCY During the 1950s, she directed a day care Engineer Company and part of the first wave center in Brooklyn, and worked as an edu- of soldiers who entered Iraq in March 2003. cational consultant for New York City. Her HON. SAM GRAVES The three graduates of Ballou, Eastern, and work in the community launched her political OF MISSOURI Dunbar High Schools in the District were career, and she was elected to the New York IN THE HOUSE OF REPRESENTATIVES working or in college when they were called to State Assembly in 1964. Thursday, January 6, 2005 serve. They spent nearly a year in Iraq ex- In 1968, she was elected to Congress as Mr. GRAVES. Mr. Speaker, I proudly pause posed to great danger. Two of the three may the first African-American woman to serve in to recognize Leo E. Fuhr, District Director of be redeployed this year. Just as these three soldiers stepped forward the House of Representatives. She went on to the United States Department of Agriculture without hesitation to go overseas in time of become a founding member of both the Na- Farm Service Agency. Leo retired on Decem- war, they step forward now to speak for the tional Organization for Women, the National ber 29, 2004 after many years of distinguished cause of democracy at home. These three Women’s Political Caucus and the Congres- service to our district, State, and Nation. sional Black Caucus. And as always, she de- Leo Fuhr first joined the United States De- men welcome the enthusiasm of many Iraqis voted her energies to education, promoting partment of Agriculture in August of 1974. His as they prepare to elect voting representatives programs like Title IX and early childhood edu- first assignment was just north of here in to their national legislature on January 30. All cation. Keosauqua, Iowa. After leaving Keosauqua, three know that the coming She served seven terms in Congress, in he moved on to Warrensburg, Missouri and and the successful elections held in Afghani- midst of it all becoming the first African-Amer- our state has been fortunate to have his serv- stan in October were made possible by the ican, of either gender, to run a large-scale ices ever since. After completing his tenure in service and sacrifices of the members of their campaign to become the presidential can- Warrensburg, Leo served in Maryville, St. Jo- company, and other coalition troops, the great didate of one of the major political parties. seph, Trenton, and then Brookfield. In March majority of whom were American citizen sol- A proud and independent voice, Shirley of 1986, Leo became District Director and re- diers, and members of today’s volunteer mili- Chisholm was a New York original. She will be mained in that position until his retirement on tary. Today these three young men ask that their sorely missed. December 29. As a farmer myself, I can tell hometown be afforded the same voting rep- f you that his lifelong dedication to agriculture resentation that their service will help bring to will be missed by all. IN RECOGNITION OF COMMANDER Iraq. They do not expect to have the same DANIEL J. HURLEY FOR HIS 29 I also want to recognize his wonderful fam- ily, especially his wife Jeanette, their daughter voting representation tomorrow that they will YEARS OF SERVICE TO THE EL see in Iraq on January 30th. However, the CERRITO POLICE DEPARTMENT Brenda, who recently graduated from Truman State University, and their son Brian who is people of the nation’s capital could get a vote currently serving our Nation with the U.S. as the 109th Congress convenes on January HON. ELLEN O. TAUSCHER Army in Iraq. Leo himself is no stranger to 4th for its new session. By rule of the House, OF CALIFORNIA military service; from September 1966 until the Congress could put the District on the path IN THE HOUSE OF REPRESENTATIVES August 1999 Leo served in the National to full voting rights. During the 103rd Congress, the District of Guard, retiring with the rank of Lieutenant Thursday, January 6, 2005 Columbia had a vote on most House business Colonel. Mrs. TAUSCHER. Mr. Speaker, I rise today Mr. Speaker, I proudly ask you to join me in by rule of the House and by vote of the to honor the career accomplishments of Com- commending Leo E. Fuhr. Mr. Fuhr truly ex- House, as affirmed by the federal courts. With mander Daniel J. Hurley during his service to emplifies the qualities of dedication and serv- the change of controlling parties in the 104th the El Cerrito Police Department. ice to northwest Missouri, and I am honored to Congress, this vote was withdrawn. Our coun- Commander Hurley represents very high call him one of my constituents. Congratula- try and most democracies would find the with- professional standards of law enforcement and tions on a job well done. drawal of voting rights intolerable anywhere in service to his community, and he will be the world. Eliminating a vote fairly won is also missed after his retirement. f unacceptable here. As we are reminded time In the Department, which he joined in 1975, HONORING DISTRICT OF COLUMBIA and again, all countries must meet the same he held positions of increasing responsibility, SERVICEMEN AND WOMEN standard—Iraq, Afghanistan and the United advancing to the rank of Sergeant in 1980, States, as well. and to the rank of Police Commander in 2000. HON. ELEANOR HOLMES NORTON Specialists Gray, Kosh, and Lewis and their He also held a wide range of positions, from OF THE DISTRICT OF COLUMBIA families are tax paying citizens of the United administration to field operations, that required IN THE HOUSE OF REPRESENTATIVES States and of the capital of our nation, but both technical and managerial expertise. they have given more than most of us. They In a characteristic quest for excellence, Thursday, January 6, 2005 are soldiers who have gone to war for our Commander Hurley continued on with his Ms. NORTON. Mr. Speaker, we honor all country. I ask the House to honor their service higher education while he was working for the who serve our country in the military. How- and to heed their call for voting representation

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00107 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 258 EXTENSIONS OF REMARKS January 6, 2005 in this House. I also ask unanimous consent ard & Son from a hardware store into a major HONORING DARRYL WORLEY OF to place in the record their own words peti- retailer of consumer appliances and elec- SAVANNAH, TENNESSEE tioning their government for voting representa- tronics, died on Dec. 28 in West Islip, N.Y. He tion. was 95 and lived in Bay Shore and Port St. HON. MARSHA BLACKBURN f Lucie, Fla. OF TENNESSEE A PROCLAMATION HONORING MR. The cause was pneumonia, said Alan IN THE HOUSE OF REPRESENTATIVES WILLIAM GOTSCHALL Meschkow, the company’s advertising director. Thursday, January 6, 2005 Although Mr. Richard’s father, Peter Mrs. BLACKBURN. Mr. Speaker, country HON. ROBERT W. NEY Christiaan, started the business, it was A.J. music mega-star Darryl Worley ‘‘Has Not For- OF OHIO who in 1924, at the age of 15, insisted on sell- gotten’’ his community or his country in his IN THE HOUSE OF REPRESENTATIVES ing newfangled electric irons alongside the rise to the top of his profession. store’s kerosene lamps and plumbing sup- Thursday, January 6, 2005 By practicing what he preaches in his Gold plies. Record #1 hit Have You Forgotten, he has Mr. NEY. Mr. Speaker: ‘‘It’s beautiful, look—it’s chrome, it’s pol- spent many days each year traveling to the Whereas, Mr. William Gotschall has served ished, it fits your hand,’’ went Mr. Richard’s and entertaining and encouraging his community and state as the Governor’s sales pitch, Mr. Meschkow said. ‘‘And look at our troops. Regional Representative for Economic Devel- the tip, the point—you can go right in between He has also never forgotten his friends and opment in Region 10 of East Central Ohio; the buttons.’’ He asked his first buyer to pay neighbors. He sponsors and performs at the and 50 cents a week toward the total cost of ‘‘Darryl Worley River Run’’ each year in his Whereas, Mr. Gotschall provided his serv- $4.9.5, and other customers soon followed. home county, which raises hundreds of thou- ices as Columbiana County Commissioner, sands of dollars for local charities, this year during which time he received the Ohio De- Over the next six decades, including several expanding to benefit St. Jude Children’s Hos- partment of Transportation Outstanding Local years he spent living above his store in Ozone pital in Memphis. Leader Award; and Park, Mr. Richard sold New Yorkers all kinds And he has not forgotten his family. This Whereas, Mr. Gotschall’s service to the peo- of new electric devices, from toaster in the year he presented the Hardin Medical Center ple of Ohio and Columbiana County earned 1920’s to the Walkman in the 1980’s. with a check for $40,000 in memory of his him the Outstanding Citizen Award from the His methods were often ingenious. In the grandfather who suffered from cancer. In his Calcutta Chamber in St. Clair Township, early 1930’s, when people seemed content to honor the recently renovated hospital named a Columbiana County, the Honorary Citizen scrub clothes on washboards, he sent sales- new wing the ‘‘Darryl Worley Outpatient Award for Byesville, Guernsey County, and a men door to door offering families $5 to try out Chemotherapy Clinic.’’ key to the village of Byesville, Ohio. He should washing machines. In the 1950’s, he let peo- Darryl Worley is a great American, and a be commended for the help that he provided ple watch Friday-night boxing matches on a true hometown hero to Savannah, Tennessee, to the residents of Columbiana County and the television displayed in the store’s window, and and today we honor his commitment to our surrounding area. some inevitably bought their own 10–inch great nation. Therefore, I join with the entire 18th Con- black-and-white set, which cost nearly $400. f gressional District of Ohio in celebration of Mr. In the 1980’s, the company offered cooking HONORING LANCE CORPORAL William Gotschall’s service to East Central classes to demonstrate microwave ovens. Ohio. BRIAN P. PARRELLO f P.C. Richard & Son now reports annual sales of roughly $1 billion, making it the coun- HON. SCOTT GARRETT HONORING THE LIFE OF A.J. try’s largest family-owned and operated seller OF NEW JERSEY RICHARD of appliances and consumer electronics. IN THE HOUSE OF REPRESENTATIVES Based in Farmingdale, N.Y., it has grown to HON. STEVE ISRAEL 49 stores in New York and New Jersey, even Thursday, January 6, 2005 OF NEW YORK as competing regional chains like Crazy Eddie Mr. GARRETT of New Jersey. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES and Newmark & Lewis have closed. Many it is with profound sorrow that I rise to recog- people can whistle its five-note advertising jin- nize the loss of a New Jersey citizen who Thursday, January 6, 2005 gle, ‘‘At P.C. Richard.’’ served with dignity and honor as a soldier in Mr. ISRAEL. Mr. Speaker, I rise today to Much of the advertising still carries pictures Iraq. I join his family, friends and members of honor the life of A.J. Richard, a vital member of A.J. and his two sons: Gary, son the com- his community in mourning this great loss. of the New York community. Throughout his pany’s chief executive, and Peter, who is ex- On Saturday, January 1, LCpl. Brian P. life as a successful businessman, dedicated ecutive vice president. A grandson, Gregg Parrello, 19, of West Milford, NJ, was killed in family man, concerned citizen and creative in- Richard, recently became president, and a Al Anbar Province, Iraq as a result of hostile novator, A.J. Richard defied the odds in keep- granddaughter, Bonni Richard, is head of fire. Lance Corporal Parrello was assigned to ing his family business running and growing human resources. Small Craft Company, Headquarters Battalion, when other community competitors were clos- 2nd Marine Division, II Marine Expeditionary ing their doors. Today his legacy lives on in Alfred Joseph Richard was born in Brooklyn Force, Camp Lejeune, NC. Parrello was at- the type of business he left behind: it is owned on Oct. 11, 1909, the same year his father, a tached to a Marine Swift Boat unit that pa- and operated by family; it is as much a part handyman who emigrated from Amsterdam, trolled the Tigris and Euphrates rivers. of the community as it is a service to the com- opened the family’s first store in the A resident of West Milford, New Jersey, munity; and it places customers ahead of prof- Bensonhurst neighborhood of Brooklyn. Parrello attended West Milford High School its. A.J.’s business is a reflection of a certain ‘‘I waited on customers when I was 7,’’ he where he was a member of both the football value system, a value system we rarely see in told The New York Times in a 1995 interview. and hockey teams. Following high school, he today’s largely faceless corporate culture. That ‘‘I was a 100 percent hardware man by the was so deeply affected by the attack on the value system is about community, family, work age of 9.’’ World Trade Center and Pentagon that he ethic, optimism and integrity. While A.J. has proudly enlisted in the U.S. Marine Corps. His passed, his business and that special value He was also a tinkerer, and he started the teachers, coaches and peers have called him system live on. We are all thankful for this leg- store’s service department after learning to re- a real leader and a role model, someone who acy he leaves with us. pair radios as a teenager. He took over the always gave 150 percent, a person who led by In his honor, I would like to share the fol- company in 1947. example and with a big heart. lowing obituary of A.J. Richard as it appeared His wife, the former Vicky Himmelman, died This loss causes us to reflect on the bravery in the N.Y. Times on January 5, 2004: in 1997. He is survived by his sons, Gary and demonstrated by our men and women in uni- ‘‘A.J. Richard, whose contagious enthu- Peter, both of Long Island; eight grand- form as they carry out their obligations in the siasm for new gadgets transformed P.C. Rich- children; and 18 great-grandchildren.’’ face of danger. When their Nation called them

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00108 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 EXTENSIONS OF REMARKS 259 to duty to preserve freedom and the security the founding of Padron Cigars and I rise to Park Service and the government of the Virgin of our neighbors, they answered without hesi- honor and congratulate them on this wonderful Islands, there is no place to build a school on tation. achievement. St. John. While the residents of St. John have Mr. Speaker, it is my sincere privilege to Padron Cigars was founded on September benefited from a boom in tourism on that is- recognize the life of a proud soldier and heroic 8, 1964 by the Padron brothers—Jose Or- land, they have had to give up many long held representative of the State of New Jersey. lando and Rodolfo. Throughout the last 40 traditions, including the right to fish in local LCpl Brian P. Parrello was an honorable de- years, the Padron family has worked to grow waters. The exchange of land for a school on fender of liberty and he deserves our gratitude their business and continue providing new St. John is a matter that is long overdue. It is and respect. products to their loyal customers throughout high time that this issue be resolved. The resi- We remember those who have fallen not the world. dents and students of St. John deserve noth- only as soldiers, but also as patriots who Of course, the success of Padron Cigars did ing less. made the ultimate sacrifice for their country. not come without significant challenges over I urge my colleagues to support passage of May we keep their loved ones in our thoughts the years. In fact, their factory in Nicaragua this bill. and prayers as they struggle to endure this was destroyed as a result of civil war. f difficult period and mourn the heroes America Through endless commitment and leader- has lost. ship, Padron Cigars was able to survive and PERSONAL EXPLANATION f grow, despite the serious challenges they faced. HON. JOE BACA ARTICLE HONORING CORPORAL Today, Padron Cigars continues their com- OF CALIFORNIA KEVIN JOHN ‘‘JACK’’ DEMPSEY mitment to quality through their consistent ap- IN THE HOUSE OF REPRESENTATIVES proach to the lengthy process of manufac- Thursday, January 6, 2005 HON. CHRISTOPHER SHAYS turing cigars. In fact, they claim: ‘‘Our primary OF CONNECTICUT mission is the exceptional quality of our prod- Mr. BACA. Mr. Speaker, I respectfully re- uct, not the quantity produced.’’ quest that the attached letter, requesting ex- IN THE HOUSE OF REPRESENTATIVES Headquartered in Miami, Florida, Padron Ci- cuse from the floor on January 6, 2005, be Thursday, January 6, 2005 gars is clearly an industry leader that has epit- published in the CONGRESSIONAL RECORD. I Mr. SHAYS. Mr. Speaker, I wish to insert in omized the success of small family have also submitted the letter to Leader the CONGRESSIONAL RECORD the following throughout America. The success story of PELOSI’s Office. statement by Jennifer Dempsey. Jennifer’s Padron Cigars is nothing short of the Amer- CONGRESS OF THE UNITED STATES, brother Jack died bravely serving our nation in ican Dream and I ask my colleagues to join HOUSE OF REPRESENTATIVES, me in congratulating the Padron family on this January 6, 2005. Iraq on November 13, 2004. Hon. NANCY PELOSI, CORPORAL KEVIN JOHN ‘‘JACK’’ DEMPSEY DE- anniversary. Democratic Leader, CEMBER 9, 1980—NOVEMBER 13, 2004—A SON, f Washington, DC. A BROTHER, A FRIEND DEAR LEADER PELOSI: I respectfully re- I would just like to say a few words about LEGISLATION ON EXCHANGE OF quest to be excused from the floor, today, on my brother, Jack. As a young child, Jack LAND FOR A SCHOOL ON ST. JOHN legislative business. was always on the move. From a very young Were I able to be present on the floor age he was involved in team sports. His nick- today, I would vote to ensure that the elec- name was Tiger because of his fearless per- HON. DONNA M. CHRISTENSEN toral will of the people is respected in every sonality. He excelled in every sport he OF THE VIRGIN ISLANDS state. If there is any perceived electoral ir- played because of his natural ability and IN THE HOUSE OF REPRESENTATIVES regularity, those who have been aggrieved drive to be the best. As a son and brother he must be afforded the opportunity to have was loving and protective. He has a great Thursday, January 6, 2005 their concerns redressed, in the appropriate love for animals. Our mom took us to every manner and forum, as expeditiously as pos- Mrs. CHRISTENSEN. Mr. Speaker, I rise sible. zoo and animal park she could find. Even as today to introduce legislation to address a long a Marine, he showed that love. There was a The hallmark of our Democracy—lasting held concern of my constituents on the island stray dog at Camp LeJeune that Jack used and cherished for over two centuries—is that to feed and take care of. of St. John, Virgin Islands; the need for the we respect and abide by Constitutional prin- Jack is loved by many people. He had a National Park Service and the government of ciples. The right of franchise, purchased with great smile and an even greater laugh. He the Virgin Islands to agree on an exchange of the blood and toil of our civil rights leaders, was a sweet kid who always wanted to do land so that residents of St. John can build a must not be idly relinquished. We must fight something great with his life. My brother school to accommodate students from K–12. to make all voices heard in that noble and great enterprise that is America. was a wonderful man who accomplished Mr. Speaker, my constituents in the Virgin many great things. He excelled in the Ma- Thank you for your consideration of this Islands have been wrestling with this issue for matter. rines and felt he was truly part of a brother- several years now. Since the 1970’s, enroll- hood. My mother and I are incredibly proud Sincerely, that he was able to do this for himself and ment in public schools on St. John has grown JOE BACA, his country. We love him dearly and this loss considerably and the has no Congressman. is tremendous to us. But we are extremely more land on which to expand either of the f proud of the man he became. He was a sweet two current St. John public schools. soul with the courage of a tiger. My brother Just last month a 7-year-old boy by the PERSONAL EXPLANATION Jack made the ultimate sacrifice to protect name of Javon Alfred was struck and killed by all of us. Honor him well. a delivery truck, as he was on his way home HON. JOHN BARROW f from the only public school on St. John. The OF GEORGIA Julius Sprauve School, where Javon was a 40TH ANNIVERSARY OF PADRON IN THE HOUSE OF REPRESENTATIVES second grade student, is located in an urban CIGARS area with significant vehicular traffic. With the Thursday, January 6, 2005 significant increases in population that St. Mr. BARROW. Mr. Speaker, on rollcall No. HON. MARIO DIAZ-BALART John has witnessed in recent years, the loca- 3, I was unable to cast my vote on January 3, OF FLORIDA tion of the Sprauve School is not the most 2005. The pager provided to me by House Ad- IN THE HOUSE OF REPRESENTATIVES suitable at the present time. ministration, to notify me of votes, was defec- Mr. Speaker, St. John is an island only 28 tive. Consequently, I did not receive the an- Thursday, January 6, 2005 square miles in size, two thirds which com- nouncement that the vote was taking place in Mr. MARIO DIAZ-BALART of Florida. Mr. prises the Virgin Islands National Park. With- time to cast my vote on the House Floor. Had Speaker, 2004 marked the 40th anniversary of out an exchange of land between the National I been present, I would have voted ‘‘nay.’’

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00109 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 260 EXTENSIONS OF REMARKS January 6, 2005 ABUSES IN PEDIATRIC HIV DRUG didn’t they provide the children with the through a peg-tube inserted into the stom- TRIALS current best treatment? That’s the question ach. we have. Critics of the trials say children should ‘‘Why did they expose them to risk and have been volunteered to test drugs by their HON. CHARLES B. RANGEL pain, when they were helpless? parents. OF NEW YORK ‘‘Would they have done those experiments When Jacklyn Hoerger later fostered two IN THE HOUSE OF REPRESENTATIVES with their own children? I doubt it.’’ children from the home where she used to work with a view to adopting them, she dis- POWER AND AUTHORITY Thursday, January 6, 2005 covered just how powerful the ACS was. When I first heard the story of the ‘‘guinea ‘‘It was a Saturday morning and they had Mr. RANGEL. Mr. Speaker, a November 30, pig kids’’, I instinctively refused to believe 2004 report by the BBC shed light on a dis- come a few times unannounced,’’ she said. that it could be happening in any civilised ‘‘So when I opened the door I invited them in turbing issue regarding an often-overlooked country, particularly the United States, and they said that this wasn’t a happy visit. population. The report detailed what it argued where the propensity for legal action nor- At that point they told me that they were was the excessive, and potentially illegal, use mally ensures a high level of protection. taking the children away. I was in shock.’’ of experimental drugs on HIV positive orphans But that, as I was to discover, was central Jacklyn, a trained paediatric nurse, had and foster children under the supervision of to the choice of location and subjects, be- taken the fatal step of taking the children New York City’s Administration of Children’s cause to be free in New York City, you need off the drugs, which had resulted in an im- money. mediate boost to their health and happiness. Services. Over 23,000 of the city’s children are either As a result she was branded a child abuser The report argues that these children, the in foster care or independent homes run in court. She has not been allowed to see the majority of whom come from minority back- mostly by religious organisations on behalf children since. grounds, were forced to take experimental HIV of the local authorities and almost 99% are In the film Guinea Pig Kids, we follow medications, which caused painful and debili- black or hispanic. Jacklyn’s story and that of other parents or tating side effects. It further alleges that the Some of these kids come from ‘‘crack’’ guardians who fear for the lives of their drugs were given without the consent of the mothers and have been infected with the HIV loved ones. We talk to a child who spent years on children’s relatives or guardians. Those guard- virus. For over a decade, this became the target group for experimentation involving drugs programmes which made them and ians who became aware of the drug regime cocktails of toxic drugs. their friends ill, and we discover that Incar- were forced to consent, or risk losing the chil- Central to this story is the city’s child wel- nation is not an isolated case. The experi- dren to child welfare authorities. fare department, the Administration for ments continue to be carried out on the poor Standards for the administration of drug Children’s Services (ACS). children of New York City. trials on children should be followed at all The ACS, as it is known, was granted far- f times. The fact that these children are wards reaching powers in the 1990s by then-Repub- TRIBUTE TO MS. THELMA of the state does not preclude accepted stand- lican Mayor Rudi Giuliani, after a particu- STINSON, PRINCIPAL OF LILLIE ards and regulations from being followed. larly horrific child killing. The accusations in the BBC report are in- Within the shortest of periods, literally C. EVANS ELEMENTARY SCHOOL thousands of children were being rounded up deed troubling, and necessitate a fuller exam- and placed in foster care. ination by governmental authorities. As such, I ‘‘They’re essentially out of control,’’ said HON. KENDRICK B. MEEK find it appropriate for the Congress to look into family lawyer David Lansner. ‘‘I’ve had OF FLORIDA the excessive use of experimental drug thera- many ACS case workers tell me: ‘We’re ACS, IN THE HOUSE OF REPRESENTATIVES pies on children, especially the most vulner- we can do whatever we want’ and they usu- Thursday, January 6, 2005 ally get away with it.’’ able. It is my hope that such an examination Mr. MEEK of Florida. Mr. Speaker, I rise to would commence as soon as possible after Having taken children into care, the ACS was now, effectively, their parent and could pay this tribute to Ms. Thelma Stinson, Prin- the start of the 109th Congress. do just about anything it wished with them. cipal of Lillie C. Evans Elementary School lo- The greatest blessing afforded to a nation is ‘SERIOUS SIDE-EFFECTS’ cated in Miami’s Liberty City area of my dis- the health and well being of its children. We trict. This honor is richly deserved, for Ms. must ensure that these blessing extend to all One of the homes to which HIV positive children were taken was the Incarnation Stinson has truly made a huge contribution to children, especially those without homes and Children’s Center, a large, expensively refur- our community and a huge difference in the families of their own. On this point I know my bished red-bricked building set back from lives of hundreds of youngsters. colleagues are in agreement, so I am con- the sidewalk in a busy Harlem street. Upon the leadership of Ms. Stinson, Lillie C. fident that action will be taken on this impor- It is owned by the and Evans Elementary School proudly rose from tant issue. when we attempted to talk to officials at In- an F-graded school in 2001–2002 to an A- [From the BBC NEWS, Nov. 30, 2005] carnation we were referred to an equally ex- graded school in 2003–2004. She took the pensive Manhattan public relations com- NEW YORK’S HIV EXPERIMENT pany, which then refused to comment on ac- helm of this school in 1999, and through per- (BY JAMIE DORAN) tivities within the home. sonal touch and professional acumen defined HIV positive children and their loved ones Hardly surprising, when we already knew by a no-nonsense approach, Ms. Stinson was have few rights if they choose to battle with that highly controversial and secretive drug able to put together a marvelous staff and a social work authorities in New York City. experiments had been conducted on orphans well-motivated support system composed of Jacklyn Hoerger’s job was to treat chil- and foster children as young as three months paraprofessionals, parents and community dren with HIV at a New York children’s old. leaders. At the same time, however, I am cog- home. We asked Dr. David Rasnick, visiting But nobody had told her that the drugs she scholar at the University of Berkeley, for his nizant of the countless hours of meeting and was administering were experimental and opinion on some of the experiments. lesson planning that have exacted nothing but highly toxic. He said: ‘‘We’re talking about serious, seri- the noblest of her efforts. ‘‘We were told that if they were vomiting, ous side-effects. These children are going to I want to applaud Ms. Stinson for having if they lost their ability to walk, if they be absolutely miserable. They’re going to proven to us that, regardless of background or were having diarrhea, if they were dying, have cramps, diarrhea and their joints are socio-economic class, every child can learn then all of this was because of their HIV in- going to swell up. They’re, going to roll and can succeed, given dedicated teachers, fection.’’ around the ground and you can’t touch In fact it was the drugs that were making able and supportive administrators, and a them.’’ manageable class-size that affords teachers the children ill and the children had been en- He went on to describe some of the drugs— rolled on the secret trials without their rel- supplied by major drug manufacturers in- the opportunity to devote more time to diag- atives’ or guardians’ knowledge. cluding Glaxo SmithKline—as ‘‘lethal’’. nose each student’s individual learning needs As Jacklyn would later discover, those who When approached by the BBC, Glaxo and problems and, thereby, enable them to tried to take the children off the drugs SmithKline said such trials must have strin- teach each child accordingly. risked losing them into care. gent standards and be conducted strictly in I believe strongly in solid classroom man- The BBC asked the Alliance for Human Re- accordance with local regulations. search Protection about their view on the agement . . . if the class is not under control, drug trials. BATTLE OF WILLS the teacher cannot teach,’’ was her honest an- Spokesperson Vera Sherav said: ‘‘They At Incarnation, if a child refused to take swer when asked recently about her secret of tested these highly experimental drugs. Why the medicines offered, he or she was force-fed success.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00110 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 EXTENSIONS OF REMARKS 261 Above all, however, I am particularly HONORING KYLER PAUL MARES RECOGNIZING PATRICK NOVAK pleased that Ms. Stinson seized the challenge FOR BEING HONORED WITH THE of putting an inner-city school in my district in HON. MARILYN N. MUSGRAVE CONGRESSIONAL AWARD GOLD the highest ranking of achievement in the MEDAL Miami-Dade County Public Schools, the fourth OF COLORADO largest school system in the nation. While IN THE HOUSE OF REPRESENTATIVES HON. JERRY F. COSTELLO teaching and learning continue within the halls Thursday, January 6, 2005 OF ILLINOIS of Lillie C. Evans Elementary School under the IN THE HOUSE OF REPRESENTATIVES Mrs. MUSGRAVE. Mr. Speaker, today I rise auspices of its dedicated and highly motivated Thursday, January 6, 2005 faculty, Ms. Stinson has reached out to the to honor the memory of Kyler Paul Mares. He community by ensuring that the parents are was born on December 27, 1995 to Greg and Mr. COSTELLO. Mr. Speaker, I rise today to also schooled in the basic skills of reading, Verna Mares of Brush, Colorado. ask my colleagues to join me in recognizing math and the sciences through regular ses- The Mares had three children before Kyler Patrick Novak of Carbondale, Illinois, for re- sions at night. Simply put, Ms. Stinson has lit- was born: Jessica in 1989, Krista in 1991, and ceiving the Congressional Gold Medal. The Congressional Award Program, estab- erally bridged the gap between her school and Gregory in 1994. Later, his parents would lished in 1979, recognizes initiative, achieve- her students’ homes, making parental involve- come to realize that Kyler was truly, ‘‘Heav- en’s Very Special Child.’’ ment and service in young people. It began as ment an essential part of the teaching and a bipartisan effort in both the United States Soon after Kyler’s birth, his parents were learning process. Senate and the House of Representatives. told he needed to be tested to determine if his In spite of the odds, Ms. Stinson has truly The program recognizes community service, small head size was normal. It was deter- demonstrated to all those called upon by pub- achievement, and personal development. The mined to be abnormal and after more tests it lic service that excellence and achievement Award builds confidence and self-esteem in are never beyond the reach of those willing to was evident that Kyler had Cerebral Palsy. countless young people as they grow into pro- make the sacrifice and dare the impossible on As Kyler got older and bigger his parents ductive citizens in all walks of life. The pro- behalf of tomorrow’s leaders. This recognition were told he had an extreme case of Cerebral gram is considered America’s award for the truly honors her leadership and defines the Palsy. It was difficult for his family as they youth of our country. nobility of her profession as an educator. I ex- came to realize that he would never commu- The Congressional Award Gold Medal has tend to her my heartfelt gratitude for a job su- nicate or be able to walk like a normal child. been presented to Patrick for his service to perbly done and wish her all the best in her As he grew, they saw him endure many nee- others. He earned the Gold Medal while serv- future endeavors. dles, many surgeries, and multiple broken ing active duty in the United States Air Force. bones. While stationed at Kadena Air Force Base, f But through all of this pain, Kyler was a Japan, Patrick volunteered with the 18th Serv- happy baby; he never fussed and gave big ices Squadron. His work in the squadron as RECOGNIZING BRETT AGEE FOR smiles to his mommy, daddy, sisters and an ‘‘Ambassador’’ allowed Patrick to raise ACHIEVING THE RANK OF EAGLE brothers. funds for Okinawa’s Misata Children’s Home. SCOUT Kyler’s parents surrounded him with love I applaud his hard work and dedication. and care and rose to the enormous challenges Mr. Speaker, I ask my colleagues to join me of raising a child with severe disabilities, and in recognizing the contributions of Patrick HON. SAM GRAVES three other children. Novak who has received the Congressional Award Gold Medal. The outstanding work OF MISSOURI His parents both worked full time to make ends meet and to provide health insurance for done by this dedicated young man has been IN THE HOUSE OF REPRESENTATIVES their family. His mother worked nights be- truly influential in not only his community but to the people of Okinawa, Japan and I con- Thursday, January 6, 2005 cause they had no one to care for Kyler during gratulate him as he is recognized among the the day. His parents never chose to put him Nation’s most outstanding young people. Mr. GRAVES. Mr. Speaker, I proudly pause in an institution even though it would have to recognize Brett Agee of Liberty, Missouri, a been much easier on them financially. f very special young man who has exemplified On the evening of September 1, 2004 RECOGNIZING JUMBO’S RES- the finest qualities of citizenship and leader- Kyler’s precious life ended. He was loved and TAURANT IN MIAMI, FLORIDA ON ship by taking an active part in the Boy Scouts adored by his family and they were told after ITS 50TH ANNIVERSARY of America, Troop 376, and in earning the his death and autopsy he should have only most prestigious award of Eagle Scout. lived one day, instead he lived 8 and a half HON. KENDRICK B. MEEK Brett has been very active with his troop, years. OF FLORIDA participating in many scout activities. Over the They cherish those years and know that IN THE HOUSE OF REPRESENTATIVES years that Brett has been involved with scout- Kyler enriched their lives in so many ways. In Thursday, January 6, 2005 ing, he has held numerous leadership posi- God’s infinite wisdom, he chose this special tions, serving as Assistant Patrol Leader, Pa- child for the Mares family. Mr. MEEK of Florida. Mr. Speaker, I rise proudly to pay this tribute to Jumbo’s Res- trol Leader on two occasions, Librarian, Quar- They would be the first to say that they taurant, a legendary business establishment in termaster, Chaplain Aide, Senior Patrol Lead- would not trade the experience for anything Miami’s Liberty City community. On Saturday, er, Troop Guide, and Instructor. Brett has and they cherish every moment they had with January 8, 2005, it will celebrate its Golden earned 31 merit badges, the 12 Month Camp- Kyler. He was blessed to be born into this er Award, the 100 Nights Camper Award, and Anniversary. family and they were blessed to have him for This place is more than just a restaurant lo- the religious award: Ad Altare Dei. Brett is an 1 8 ⁄2 years. cated along the corridor of Seventh Avenue by Ordeal Member of the Order of the Arrow and Sometimes things in life would not be cho- a Firebuilder in the Tribe of Mic-O-Say. His 75th St. in Miami. It has been and continues sen by us, but God who always knows best to be the ‘‘gathering place’’ where both celeb- Tribal Name is Swift White Tail Buck Standing gives us a beautiful gift that would have been in Clover. rities and ordinary folks come and con- passed over. Kyler Paul Mares was a beautiful gregate—and partake of the sumptuous meals For his Eagle Scout project, Brett led a gift from God and he will forever live in the that this storied establishment serves its faith- group of Boy Scouts that built room dividers hearts of his family and friends. ful clientele. Since its inception 50 years ago, for use at the Earnest Shepherd Youth Center We remember Kyler today and acknowledge Jumbo’s Restaurant has provided the magnifi- in Liberty. that all children are precious and that scripture cent backdrop of the struggles and triumphs of Mr. Speaker, I ask you to join me in com- reveals to us that Jesus said, ‘‘If you’ve done an inner-city trying to rise from the ashes of mending Brett Agee for his accomplishments it to the least of these, you’ve done it unto near despondency on one hand and the elu- with the Boy Scouts of America and for his ef- me.’’ sive promise of prosperity on the other, as en- forts put forth in achieving the highest distinc- Kyler was truly one of ‘‘the least of these.’’ visioned by its original owner, Mr. Isadore tion of Eagle Scout. He will never be forgotten. Flam, who bought it five decades ago.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00111 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 262 EXTENSIONS OF REMARKS January 6, 2005 Amidst the riots, white flight and economic In addition to these outstanding achieve- the only Campus Drug Court in the country. turmoil, its management, cooks and waiters ments, I am also proud to recognize Jona- Stu has the innate ability to make effective have continued to serve mouth-watering than’s work towards my election to the 109th modifications, realign priorities, and adjust lim- breaded fried shrimp, fried chicken and other meeting of this most honorable Congress. ited resources as the issues involving his of- familiar Afrocentric and Caribbean menus. The Mr. Speaker, I ask you to join me in com- fice and the criminal justice system change. ambiance has virtually remained the same mending Jonathan Klamm for his accomplish- Representative Bob Schaffer, my prede- after all those years of socio-economic upturn ments with the Boy Scouts of America and for cessor here in Congress, recently remarked, and downturn. Current owner, 59-year-old his efforts put forth in achieving the highest ‘‘As holder of an elected post, Stu’s dedication Robert ‘‘Bobby’’ Flam, is gutsy enough to hold distinction of Eagle Scout. to the Republican principles of public safety the line and continues to work hard to keep up f and individual liberty have been effectively the tradition that is uniquely Jumbo’s. communicated and represented in a way that To talk about Jumbo’s really is to talk about HONORING STUART VANMEVEREN has consistently earned him overwhelming bi- the struggles of Miami’s Black community as it partisan support each time his name has ap- faced the challenges of the civil rights era of HON. MARILYN N. MUSGRAVE peared on a ballot and he is a tireless public segregation and disenfranchisement. Its story OF COLORADO servant whose commitment to justice is exem- is as graphic as downright nostalgic, for it de- IN THE HOUSE OF REPRESENTATIVES plary.’’ fined the character of a people in search of its Stu is a man of high character and integrity. identity as the promise of equality of oppor- Thursday, January 6, 2005 He is a modest man with a very high degree tunity and equal treatment under the law flick- Mrs. MUSGRAVE. Mr. Speaker, I rise today of common sense. He is highly respected ered—only to stumble and rise yet again to honor one the greatest men of jurispru- throughout his community and the state of amidst the changing of the times. Even to this dence in Colorado, Stuart ‘‘Stu’’ VanMeveren, Colorado. very day, it is at Jumbo’s that normal folk who is stepping down from 32 years as Dis- It is for these reasons and many more Stu would forge a community of interest where the trict Attorney for the State’s Eight Judicial Dis- deserves the very highest praise and deep ap- dignity of our fellow human beings was ani- trict. preciation not only from me and the residents matedly discussed. I have known Stu for many years. Since we of Colorado, but also from this esteemed Indeed, I am fascinated by the longevity of have both been very active in the Republican body. Jumbo’s Restaurant because it tells our story Party, we have come to know each other quite f of dogged determination. As we internalize the well. I know we think alike on the issues of our CONGRATULATING BARRY ADAMS meaning of its Golden Anniversary this Satur- time. We reside in neighboring communities ON HIS RETIREMENT day, we should be enthralled by its persever- located to the north of Denver. Stu’s residence ance for it is symbolic of our own character of in Fort Collins is within my congressional dis- resilience and optimism. This establishment trict. HON. CLIFF STEARNS has certainly made us proud, and I want to ex- Stu is one of the most capable, effective, OF FLORIDA press the utmost appreciation of a grateful popular, and respected elected district attor- IN THE HOUSE OF REPRESENTATIVES people. Its presence among us evokes yet neys in our State and the Nation. He was first Thursday, January 6, 2005 one more genuine measure of the Flam fam- elected district attorney in the Eight Judicial Mr. STEARNS. Mr. Speaker, I rise today to ily’s enduring legacy to a community that be- District of Colorado in 1972. Since then he congratulate and offer my best wishes to a came the beneficiary of their love and caring. has been re-elected to seven consecutive 4- person who truly exemplified a true civil serv- f year terms of office. His eighth term of office ant. After 38 years in government service, concludes on January 11, 2005, because an RECOGNIZING JONATHAN KLAMM Barry Adams, a good friend and constituent of amendment to the Colorado Constitution has FOR ACHIEVING THE RANK OF mine, retired on December 16, 2004. imposed term limits on elected state and local EAGLE SCOUT Straight out of high school, Barry began his officials. career at the Naval Aviation depot in Jackson- Stu’s peers have recognized his abilities ville as an equipment cleaner helper. Barely a HON. SAM GRAVES and effectiveness by electing him to local, year later, he answered his Nation’s call and OF MISSOURI State, and national office. His local bar asso- served in the Army in both Korea and Pan- IN THE HOUSE OF REPRESENTATIVES ciation of more than 350 attorneys has elected ama. After his military service, Barry returned Thursday, January 6, 2005 Stu as their president. His fellow elected dis- to the depot and over the years became a Mr. GRAVES. Mr. Speaker, I, proudly pause trict attorneys have twice elected him Presi- stalwart advocate for the depot’s mission and to recognize Jonathan Klamm of Liberty, MO, dent of the Colorado District Attorneys Coun- its employees. a very special young man who has exempli- cil. Very few people worked as hard or rep- fied the finest qualities of citizenship and lead- In 1999 Stu was clearly recognized nation- resented their fellow civil servants as well as ership by taking an active part in the Boy ally when he was elected President of the Na- Barry Adams. I have had the honor of working Scouts of America, Troop 376, and in earning tional District Attorneys Association. The Na- with Barry over the years on issues affecting the most prestigious award of Eagle Scout. tional District Attorneys Association is the the employees of NAVAIR Depot in Jackson- Jonathan has been very active with his voice of America’s prosecutors and has a ville, Florida, with many of them living in my troop, participating in many Scout activities. membership of more than 8,000 attorneys. Stu Congressional district. As President of the Over the years that Jonathan has been in- has served on the of that Jacksonville Naval Air Station Association, volved with Scouting, he has held numerous organization, a group of the leading prosecu- Barry ably represented his fellow employees leadership positions, serving as Patrol Leader tors from each state in our nation, since 1977. before Congress and the Executive Branch, on five occasions, Quartermaster on four oc- Stu has been elected or appointed to many consistently fighting for better pay, additional casions, Den Chief, Troop Guide, and Instruc- other local, State, and national committees workload for the depot, and better personnel tor. Jonathan has earned 32 merit badges, the and organizations. . He fought hard to ensure that the 12 Month Camper Award, the 100 Nights Stu is a very innovative prosecutor. Shortly Depot did not fall prey to the BRAC process. Camper Award, the World Conservation after he was first elected district attorney in He understood the value of what the Depot Award, the BSA 50 Miler, and the Religious 1972, he formed one of the first full time vic- and its employees had to offer our forces. Award: the Ad Altare Dei. He is an Ordeal tim/witness units contained within a prosecu- No matter what subject matter was dis- Member of the Order of the Arrow, and a tors office. He was also instrumental in form- cussed, Barry made sure that the ultimate rea- Firebuilder in the Tribe of Mic-O-Say. His Trib- ing a very effective youth mentoring program, son behind his advocacy was the Depot’s mis- al Name is Curious Golden Squirrel, and his Larimer County Partners, 25 years ago. sion to serve the warfighter. He made sure blood brother is Cameron Brenton. More recently, in 1999, he took the initiative that Members of Congress understood that the Jonathan’s Eagle Scout Project consisted of in creating the first Juvenile Drug Court in Col- employees at NAVAIR Depot were dedicated leading a group of Scouts and Scouters to orado and one of the first in the Nation. A suc- to serving the needs of the Fleet and other make improvements at the Earnest Shepherd cessful adult Drug Court followed this and, services and that each and every person was Youth Center in Liberty. with his help, Colorado State University has proud to be a part of that mission.

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However, for the second Presidential honor Rodney Gilsen Kennedy-Minott, who election in a row, there were disturbing reports passed away December 15th at the age of 76. in 2004 of voter intimidation, disenfranchise- HON. FRED UPTON Rodney’s lifelong dedication to academia, ac- ment, machine error, and fraud. If we truly tivism and public service will forever remind us OF MICHIGAN value the right to vote, we must do more to re- of the importance of courage and dedication, IN THE HOUSE OF REPRESENTATIVES store public trust in the integrity of our election even in trying times. process. Thursday, January 6, 2005 Born in Portland, Oregon, Rodney moved to We must eliminate cumbersome pre-reg- Massachusetts in his teenage years. Though istration requirements. The State of Minnesota Mr. UPTON. Mr. Speaker, I rise today to college bound, the lure of military service led has allowed same-day voter registration since pay tribute to the Honorable Carolyn H. Wil- him to enlist after high school, serving in the 1974, and is a national leader in voter partici- liams, Judge of Probate for the Kalamazoo US Army occupation force in Japan. After his pation. In 2004, 77.7 percent of eligible Min- County 9th Circuit Court, who is approaching time in the service, he set out to finish his nesotans voted; 20.6 percent (581,904) of the end of a long and distinguished career of education at Stanford University, eventually those voters registered on Election Day. public service. A dedicated and committed in- earning his B.A., M.A. and Ph.D. In 1965, he Clearly, same day voter registration has dividual, Judge Williams has served the com- moved back to his native Portland, where he greatly contributed to consistently high voter munities and families of Southwest Michigan taught as an Associate Professor and worked turnout in Minnesota. I believe this law has for the last 18 years. Through her leadership as a staffer for former Congresswoman Edith also encouraged new voters, especially young and enthusiasm to her profession, Judge Wil- Green. Two years later, he moved to Cali- people, to turn out in higher numbers. liams has helped to make our corner of Michi- fornia State University at Hayward where he Unfortunately, many states have pre-reg- became the Associate Dean of Instruction, a gan an even better and safer place to live and istration requirements of up to 30 days. It is Professor of History and Head of the Human- grow. unknown how many Americans have been ities Department. prevented from exercising their Constitutional Judge Williams has long been known for her Rodney’s keen interest in politics led him to right to vote because of these cumbersome ability to motivate and inspire young people early support for President Jimmy Carter’s requirements. who for some reason or another end in her campaign in 1974. He was later lauded as an As in the 108th Congress, I will soon intro- court. Her evenhandedness and dedication to impressive character for standing up to the duce simple, straightforward legislation to en- fairness have followed her throughout her ca- Army Corps of Engineers and Federal bu- sure that every eligible citizen may register reer. No matter how difficult a case may be, reaucracy on behalf of the campaign and be- and vote in federal elections on Election Day. Judge Williams always presents a voice of came quite close to the President. I hope my colleagues will join me in advancing calm and this ability shines through to the indi- Rodney went on to serve as the Ambas- this legislation. viduals before her. sador to Sweden from 1977 to 1980, judged We must also require a voter-verified paper record of every vote cast. Despite clear warn- Judge Williams has been involved in many ‘‘the most effective and successful US Ambas- ing signs that electronic voting machines are facets of our local and state community. Over sador to Sweden in more than twenty years’’ by Nobel Prize winners Gunnar and Alva unreliable, no action was taken by the last the years she has served as Co-Chair of Kala- Congress on legislation to require a paper trail mazoo Healthy Futures Initiative, President of Myrdal. In 1993, he was selected by the US Navy to implement an interdisciplinary cur- for all ballots. Public trust in the integrity of our Michigan Probate Judges Association, Chair of riculum to educate naval officers at the Naval ballots is crucial to restoring confidence in the Kalamazoo Children and Family Consortium, Postgraduate School about environmental entire system. We must take action on these and Greater Kalamazoo United Way Board of issues. Rodney also developed a program to issues during the 109th Congress. Directors. She has also received many acco- train naval officers to be diplomatic staff at US The free and fair election of our nation’s lades including, YWCA Woman of Achieve- embassies. leaders is the hallmark of our democracy, and ment, Kalamazoo Rotary Red Rose Citation, it is an international symbol of freedom to Throughout his life, Rodney remained an which other nations aspire. We must promote and Glass Ceiling Award of Greater Kala- active member of the community. He was a participation and establish voting safeguards mazoo Network. past board member of the West Coast Region so that future elections in our great country Our community is forever in her debt. There of the Institute of International Education and are above reproach. There is much work to the University of San Francisco’s Pacific Basin is no question that Judge William’s passion for do. the law and betterment of society will be Studies Program, an Associate Fellow of the f greatly missed. Her contributions to the im- Institute for the Study of Diplomacy at George- provement to our way of life have been im- town University, a member of the World Affairs INTRODUCTION OF H.R. 24, THE mense. I wish Judge Williams and her family Council Monterey, the Monterey Bay Chapter ‘‘PRESERVATION AND RESTORA- all the best in retirement. Although she is leav- of the Organization of American Historians, TION OF ORPHAN WORKS FOR ing the Court, there is no doubt that her life’s the International Institute of Strategic Studies, USE IN SCHOLARSHIP AND EDU- work of helping and assisting children and and the American Foreign Service Associa- CATION (PRO USE) ACT OF 2005’’ tion. families will continue. Mr. Speaker, I wish to remember Rodney HON. HOWARD L. BERMAN On a personal note, I have known Judge for his honorable career and his contribution to Williams and her family for many years. OF CALIFORNIA our society. Rodney consistently went above IN THE HOUSE OF REPRESENTATIVES There’s never been a time that I haven’t been and beyond the roles bestowed upon him, and impressed with her style and grace as she has has left a legacy of leadership and activism. Thursday, January 6, 2005 looked to follow the law in making our commu- Our thoughts go out to his three children, Mr. BERMAN. Mr. Speaker, on January 4, I nity a better place. Her legal peers know, they Katharine, Rodney Jr., and Polly. While he will joined the distinguished gentleman from Michi- have to be prepared as they enter her court- be sorely missed, his life will continue to in- gan, Representative JOHN CONYERS, and the room. She is deeply respected by all. spire those he touched. distinguished gentlelady from California, Ms.

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LOFGREN, in introducing H.R. 24, the ‘‘Preser- Since its inception, the NFPF has done government, and our federal agencies and vation and Restoration of Orphan Works for great work in furtherance of this goal. Working military personnel are doing everything pos- Use in Scholarship and Education (PRO USE) with more than 80 organizations, it has helped sible to be of the utmost assistance, and fulfill Act of 2005.’’ The PRO USE Act will benefit li- preserve approximately 600 films and collec- that pledge. Likewise the American people are braries, archives, schools and other users of tions. Through its preservation efforts, the responding with overwhelming charity and copyrighted works. It will do so by facilitating NFPF has made it possible for organizations generosity. the preservation, use, and dissemination of or- in 34 States and the District of Columbia to Indeed, this horrible catastrophe has cre- phaned works. use these films in education and research. ated a virtual global army of compassion, and Though a technical amendment, Title I of Many of the films preserved provide unique I rise today to recognize and applaud the lead- the PRO USE Act makes a important change windows into American history and culture. ership and generosity of a small portion of that in the Copyright Act. The Sonny Bono Copy- For instance, films preserved through NFPF army, namely the country of Equatorial Guin- right Term Extension Act (SBCTEA) enacted efforts include social dramas from Thomas ea, for their generous donation of $200,000 to- section 108(h) of the Copyright Act to ensure Edison’s studio, the earliest ‘‘talkie’’ of an ward the Tsunami Relief Efforts. that copyright term extension would not ad- American president, and home movies clan- The government of Equatorial Guinea has versely impact the preservation, scholarly, and destinely shot by Japanese Americans in faced many challenges in restoring order to a research work of libraries, archives, and non- World War 11 detention camps. country that has been ravaged and neglected profit educational institutions. Section 108(h) With authorization for the NFPB and NFPF for decades. While the country still faces many permits such entities to reproduce, distribute, having expired on September 30, 2003, con- struggles, such as rebuilding the country’s display and perform copyrighted works during gressional reauthorization is long overdue. Re- schools, hospitals and infrastructure, Equa- the extended copyright term if the work is not authorization not only provides these organiza- torial Guinea is the first African country to subject to commercial exploitation and is not tions with important recognition, but is also make a financial donation to the tsunami relief available at a reasonable price. critical to their ability to attract the private do- effort. Unfortunately, due to a drafting oversight, nations that provide a great majority of their the SBCTEA did not amend section 108(i). As funds. Failure to reauthorize will hamper the I am pleased to see President Teodoro a result, section 108(h) cannot fully achieve its critical work of the NFPB and NFPF. Obiang Nguema’s humanitarian spirit which intended objective. Section 108(i) in effect ren- Over 50 percent of the films made before has served the people of Equatorial Guinea so ders 108(h) partially meaningless by excluding 1950 have disintegrated, and only 10 percent well, has spilled over to aid the many thou- musical, pictorial, graphic and sculptural of the movies produced in the United States sands in need in Southeastern Asia. I fervently works, as well as motion pictures and other before 1929 still exist. We must act to stem hope that Equatorial Guinea’s neighboring audiovisual works, from the scope of 108(h). further losses of this rich cultural heritage. No countries will soon follow the example set by In other words, section 108(i) prevents ar- art form is more uniquely American than film, President Nguema and offer any assistance chives from preserving and performing an or- but unfortunately, few art forms are more sus- possible to those who have been affected so phan film in its last 20 years of copyright term. greatly by this tragedy. The PRO USE Act will correct this over- ceptible to degradation through passage of time and poor preservation. sight, and thus enable libraries and archives to f reproduce, distribute, perform, and display all I hope that all parties interested in preserva- tion and expansion of the public domain, orphan works in the course of their preserva- HONORING MR. EDWARD FAUTH, whether for research, education, or further tion, scholarly, and research activities. JR. Title II of the PRO USE Act will also facili- commercial exploitation, join Representative tate the preservation of, and scholarship re- CONYERS, Representative LOFGREN, and my- lated to, orphaned motion pictures. self in pressing for passage of the PRO USE HON. THOMAS M. REYNOLDS Title II reauthorizes the National Film Pres- Act. This bill will provide real, tangible help to OF NEW YORK ervation Board (NFPB) and the National Film those interested in preserving orphaned works Preservation Foundation (NFPF) for 10 years. and enhancing the public domain. The failure IN THE HOUSE OF REPRESENTATIVES of the 108th Congress to pass the same legis- The NFPF is an independent, nonprofit organi- Thursday, January 6, 2005 zation established in 1996 with bipartisan con- lation shows it will not be easy to pass. Thus, gressional support to help save America’s film we need all champions of the public domain to Mr. REYNOLDS. Mr. Speaker. It is with heritage. The NFPF is the charitable affiliate of devote their efforts to the passage of this leg- great pleasure that I rise to pay tribute to Mr. the NFPB of the Library of Congress, which islation. While working to pass this targeted Edward Fauth, Jr., of Corfu, New York, for his was also established in 1996. legislation may not seem as intellectually stim- fifty years of active service as a volunteer fire- This legislation also increases the author- ulating as debating radical copyright revisions fighter. ized appropriations for the NFPF from or arguing novel legal theories before the For the past fifty years, Edward Fauth, Jr., $530,000 in fiscal year 2005 and 2006 up to courts, it will provide real, tangible benefits. has served the Corfu community as a member $1,000,000 in fiscal years 2007 through 2915. f of the Corfu Rescue Hook & Ladder Com- It authorizes additional appropriations not to pany. During that time with the company, he exceed $1,000,000 for cooperative film preser- THANKING THE GOVERNMENT AND PEOPLE OF EQUATORIAL GUINEA has played a vital role in community safety, vation and access initiatives by the NFPF for holding a number of different positions includ- each of the fiscal years 2006 through 2015. All ing Chief, Assistant Chief, Second Assistant authorized appropriations are only to be made HON. DAN BURTON Chief, Trustee and Vice President. available to match private contributions to the OF INDIANA Anytime a citizen volunteers his or her time NFPF. IN THE HOUSE OF REPRESENTATIVES The excellent work and strong track record for the betterment of the community, it is com- Thursday, January 6, 2005 of the NFPB and NFPF justify both the reau- mendable. For one man to have given fifty thorization and increased authorization of ap- Mr. BURTON of Indiana. Mr. Speaker, We years as a volunteer firefighter is nothing short propriations provided by this bill. Working with have all seen the horrific images, and read the of remarkable. His commitment to his fellow archives and others in the film preservation news reports about the tsunami that dev- citizens and dedication to his community truly community, the NFPF supports activities that astated South and Southeast Asia; and they exemplify the ideals of public service. Through save films for future generations, improve film speak volumes about the great burden this his dedication, Edward has made a consider- access for education and exhibition, and in- natural disaster has placed on the people of at able and lasting contribution to our community, crease public commitment to preserving film least eleven nations. During this difficult pe- and for that he deserves our deepest grati- as a cultural resource, art form, and historical riod, I know that all Americans stand in sup- tude. record. In essence, its mission is to save port of the nations and people affected by this Mr. Speaker, I ask that this Congress join America’s ‘‘orphan films’’—newsreels, silent unfortunate series of events, and stand united me in honoring Mr. Edward Fauth, Jr., of films, documentaries, avant-garde works, and in our determination to assist these people in Corfu, New York, and thank him for his fifty other independent films that are not preserved rebuilding their shattered lives. President Bush years of active service as a volunteer fire- by commercial interests. has pledged the support of the United States fighter.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00114 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE January 6, 2005 EXTENSIONS OF REMARKS 265 HONORING CONGRESSWOMAN masters in education at Columbia University. the first African American to run for President SHIRLEY CHISHOLM When she came to the House in 1968, she in 1972. She said, ‘‘I am an historical person became a teacher to us all. at this point, and I’m very much aware of it.’’ HON. ELIJAH E. CUMMINGS And Mr. Speaker, there were fireworks. When asked of her legacy, Shirley said, ‘‘I’d OF MARYLAND Shirley Chisholm carried the double burden of like them to say that Shirley Chisholm had IN THE HOUSE OF REPRESENTATIVES being black and being a woman. She was no guts.’’ Mr. Speaker, we will say that and we stranger to resistance, but when Shirley want- Thursday, January 6, 2005 will say more. Shirley Chisholm had spunk ed something done for her constituency or for and spitfire, she had commitment and cour- Mr. CUMMINGS. Mr. Speaker, ‘‘Just wait, her country, nothing could stand in her way. age, she had wit and wisdom—she was an in- there may be some fireworks.’’ These words She called herself ‘‘unbossed and unbought,’’ spiration to us all. were spoken by Ms. Shirley Chisholm after and she was. From the moment she entered she was elected the first black woman to the Congress, she worked to make it a more As we move forward into this new Con- serve in Congress. And, Mr. Speaker, there fair and equal body. She said, ‘‘Our represent- gress, let us learn from our great teacher Shir- were fireworks. ative democracy is not working, because the ley Chisholm. Let us remember her courage to As a founding member, Shirley Chisholm Congress that is supposed to represent the be independent, to speak her mind, and to made the Congressional Black Caucus the voters does not respond to their needs. I be- fight for the under-represented in this country. ‘‘Conscience of the Congress.’’ Throughout lieve the chief reason for this is that it is ruled Let us remember that she cared not what the her career, she was an advocate for the un- by a small group of old men.’’ Shirley did not Congress was, but what it could and should employed, for low-wage workers, for women, rest until she got the committee assignments be. Let us remember her sense of historical children, and people of color. The daughter of she wanted and the respect she deserved. Mr. purpose and find our own. Mr. Speaker, in the a laborer and a domestic worker, Shirley Chis- Speaker, there were fireworks. name of justice, equality, and fairness—in the holm won awards for her debating skills at Shirley Chisholm made history, twice: as the memory of Shirley Chisholm—let there be fire- Brooklyn College and went on to receive her first black woman in Congress, and then as works.

VerDate Sep 11 2014 10:32 Jan 11, 2017 Jkt 079060 PO 00000 Frm 00115 Fmt 0689 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK1\SSN-OUT\CR06JA05.DAT CR06JA05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE