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

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

Vol. 151 WASHINGTON, TUESDAY, MAY 10, 2005 No. 60 House of Representatives The House met at 12:30 p.m. clusions reached about Iraq’s weapons committees that deal with intelligence f of mass destruction programs. matters now. The committee could gar- The 9/11 Commission took the first ner input from various groups includ- MORNING HOUR DEBATES step in identifying what ails the intel- ing the intelligence community, other The SPEAKER. Pursuant to the ligence community, by pointing out governmental organizations such as order of the House of January 4, 2005, that it’s a community in name only. It CRO, CBO and GAO, and from outside the Chair will now recognize Members needs centralized direction and coordi- groups such as think tanks, former from lists submitted by the majority nation. The intelligence reform bill Members of Congress, and experts in and minority leaders for morning hour Congress enacted last year establishes the field. debates. The Chair will alternate rec- a director of national intelligence and Moreover, both the 9/11 Commission ognition between the parties, with each tries to address this problem. and the Robb-Silverman Commission party limited to not to exceed 30 min- I also believe that Congress did not made suggestions about how Congress utes, and each Member except the ma- challenge the intelligence community should reform itself to do a better job jority leader, the minority leader or aggressively enough before we invaded with intelligence issues. These rec- the minority whip limited to not to ex- Iraq, either in the issue of weapons of ommendations should be explored in ceed 5 minutes. mass destruction, or the likely after- depth. There are a number of funda- The Chair recognizes the gentleman math of the invasion. We, in Congress mental questions that should be re- from Missouri (Mr. SKELTON) for 5 min- must help the intelligence community thought: Which committee should have utes. move beyond the cold war mentality jurisdiction and oversight responsibil- f and focus more effectively on the chal- ities for intelligence matters? Should lenges we face from the proliferation of CONGRESSIONAL REFORM OF IN- there be a separate intelligence appro- weapons of mass destruction, and from TELLIGENCE COMMUNITY OVER- priations subcommittee? Should intel- al-Qaeda and other terrorist groups SIGHT ligence responsibility in Congress con- within global reach. tinue to be divided along pro- Mr. SKELTON. Mr. Speaker, I rise But, beyond fixing the intelligence grammatic lines, the JMIP, the today to speak about the importance of community, Congress needs to get its TIARA, and the NIP? Should the cur- our national intelligence capability own house in order. We must do a bet- rent Select Committee on Intelligence and what we in Congress must do to ter job of oversight of the intelligence be made permanent? improve it. community. Restoring effective and Mr. Speaker, these are not partisan Just a few weeks ago, the Commis- constructive Congressional oversight questions, and they should not be ad- sion on Intelligence Capabilities of the should be a top bipartisan priority in dressed in a partisan fashion. I believe United States Regarding Weapons of the 109th Congress. I believe there will that for the sake of our own national Mass Destruction, the Robb-Silverman be value in putting together a bi- security we must avoid a partisan Commission, issued its report. One of cameral, bipartisan select committee blame game. We should focus on how to the many charges leveled by the com- like the Joint Economic Committee or fix the intelligence community that is mission against the intelligence com- the Joint Committee on Atomic En- still reeling from its public failures and munity, perhaps the most damning, is ergy of the past, to take a hard look at struggling to digest organizational re- the intelligence community collects how Congress should reform itself to forms that we have already enacted. far too little information on many of better perform oversight of our intel- the issues we care about most. ligence. At the same time, Congress must re- As the commission also points out, In my view, the House and the Sen- store its own effective and constructive without information, analysis turns to ate need similar structures to handle oversight over intelligence matters. I guesswork. The state of the affairs in intelligence matters, so that the budg- think a bicameral, bipartisan select our intelligence community is alarm- et requests, legislative referrals and committee could rise above the paring, dangerous and frankly unaccept- conferences between the two bodies on tisan and turf tensions that exist, and able. authorizations and appropriations are I urge Leader PELOSI and Speaker Within the span of 2 years, the handled logically and simply and with- HASTERT to strongly consider this op- United States has had two very obvious out disconnection or disfunction. tion as a way to improve the system. and public examples of intelligence How would such a select committee In the final analysis, the intelligence failures. The September 11, 2001 ter- work? Membership could be appointed community, the administration and rorist attacks, and the dead wrong con- by the leadership on both sides from the Congress must work all together to

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

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VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MY7.000 H10PT1 H3062 CONGRESSIONAL RECORD — HOUSE May 10, 2005 ensure that we can meet the intel- ary 4, 2005, the gentleman from Florida freedom and benefits of a democratic ligence challenges we face in the com- (Mr. STEARNS) is recognized during Nation that President Bush is trying to ing years. We must get this right. morning hour debates for 5 minutes. encourage people to reflect on. His f Mr. STEARNS. Mr. Speaker, on May scheduled stop in Latvia was a way of 8, 2005, we will mark the 60th anniver- easing his participation into Monday’s RECOGNIZING THE CONTRIBU- sary of the end of World War II. So I anniversary celebration in Moscow’s TIONS OF RAFAEL DIAZ-BALART rise today to honor the men and Red Square. The SPEAKER pro tempore. Pursu- women that did their duty in this war But, of course, a trip like this re- ant to the order of the House of Janu- to comfort the families that lost loved opened old wounds between Moscow ary 4, 2005, the gentleman from Cali- ones. and the Baltic States, which of course fornia (Mr. DREIER) is recognized dur- World War II was truly a world war were absorbed into the Soviet Union in ing morning hour debates for 5 min- conflict, spread across the globe, and it 1940 after the secret Molotov-Ribben- utes. is estimated that some 50 million peo- trop deal between Hitler and Joseph Mr. DREIER. Mr. Speaker, it is with ple died as a result. The impact of the Stalin in 1939. a great deal of sadness that I rise today war was felt everywhere. Men and The agreement provided for Soviet to report to our colleagues of the pass- woman from every walk of life were en- occupation of Estonia, Latvia, part of ing of the father of our two very distin- couraged to do their bit for the war ef- Finland and later Lithuania in return guished colleagues, the gentlemen from fort, and they responded magnificently. for Nazi Germany’s control over most Florida (Mr. LINCOLN DIAZ-BALART) and It is hard to imagine the relief and of Poland. As President Bush looked (Mr. MARIO DIAZ-BALART). joy that those who had lived through back on the history of the Soviet Rafael Diaz-Balart passed away last the war experienced when at last the Friday after a brief illness of about 3 Union, he tried to compare the United war finally ended. Veterans remember States’ past mistakes to that of the So- weeks. And he was one of the most in- ripping the blackout curtains from credible men I ever had the privilege of viet Union. their windows, turning on their lights, President Bush noted that lengthy knowing. and sharing with their family, friends I will say that, as we all know, the and difficult journey for us here in the and neighbors or complete strangers United States for democracy, with our Diaz-Balart family has long been great their joy at hearing the news that the champions of the cause of freedom and own civil war that we struggled war was over. through. As we look to the future, it is democracy in Cuba. And the greatest However, we should remember that essential to remember the past and the champion was the father, Rafael Diaz- for many, the end of the war came over mistakes we made as a Nation, and Balart. a period of months. For those who were other Nations should do the same. He had a very, very distinguished and serving in the Far East and their loved World War II embodies what certain varied career. He served as the major- ones, the war continued long after the mistakes can result in. Sixty years ity leader in the Cuban House of Rep- victory celebrations that are etched in resentatives, during the time of the ago, millions of Europeans were suf- our popular memory. World War II ex- Cuban Republic. Later, from exile, he fering from homelessness or having tracted a terrible toll, most brutally in founded the White Rose Party to fight been released from captivity or ex- terms of the dreadful human cost in the communist dictatorship. pelled as part of an act of vengeance. He served 14 years as a Costa Rican dead, injured and of course disabled. Year after year of sacrifice and un- So thousands of Americans and diplomat, and was a legal advisor to certainty, of making do and going American families were left with a gap- the Spanish Government. He always without, left its mark on each and ping hole, as they had lost loved ones continued to do everything that he pos- every Nation. But it also helped forge in the battles during World War II. It is sibly could to encourage the cause of an attitude of never again. today that we make a stand and seek democracy and freedom in his home- The images we see of people cele- to liberalize other nations and encour- land. brating the end of the war are people age freedom and democracy throughout He is an individual who was extraor- the world. dinarily dedicated to his family. He shaking off their recent past and looking forward to a better peaceful future. Mr. Speaker, I would like to praise had four wonderful sons. And I had the President Bush for his statements that chance to talk to our two colleagues As we look back on these images, we might stop to reflect upon not only the were made in Europe this week and just last Friday shortly after he passed again honor the lives of millions of sol- away. And I was struck with some of debt that we owe them, but to consider too the responsibility for the future diers that fought for the end of the the things that were said. war, World War II. As I said, it was a brief illness. And that we have inherited. the gentleman from Florida (Mr. LIN- As we look towards the future we f look towards democracy. President COLN DIAZ-BALART) told me that his fa- RECESS Bush’s trip to Europe, in particular the ther said to the doctors, whom he had The SPEAKER pro tempore (Mr. just met, he said, ‘‘It was worth getting Soviet Union, exemplified his strong push towards his foreign policy agenda KUHL of New York). Pursuant to clause sick just to have the chance to meet 12(a) of rule I, the Chair declares the you wonderful guys.’’ of spreading democracy. As we look to- House in recess until 2 p.m. today. And the gentleman from Florida (Mr. wards the future today, President Bush Accordingly (at 12 o’clock and 47 MARIO DIAZ-BALART) said to me that also looked towards the past in remem- minutes p.m.), the House stood in re- our father taught us how to live, and brance of World War II. now he has taught us how to die. And He connected the struggles against cess until 2 p.m. I will say that for me personally it will Nazi and Communist tyranny in the f be a great loss, because I had the op- part of the world to his own campaign b 1400 portunity to spend many wonderful to bring democracy to the Middle East. times with Rafael Diaz-Balart, and I In an effort to encourage President AFTER RECESS know that we all, as we think of his Putin to acknowledge past national The recess having expired, the House passing and the wonderful life that he mistakes he said, ‘‘In regard to our oc- was called to order by the Speaker pro led, will redouble our efforts to ensure cupation of the Middle East, we will tempore (Mr. KOLBE) at 2 p.m. that his dream of freedom and democ- not repeat the mistakes of other gen- f racy finally come about for the Cuban erations, appeasing or excusing tyr- PRAYER people. anny, and sacrificing freedom in the The Chaplain, the Reverend Daniel P. f vain pursuit of stability. We have learned our lesson. No one’s life is ex- Coughlin, offered the following prayer: RECOGNIZING THE SIXTIETH ANNI- pendable. In the long run our security Eternal Father of our freedom and VERSARY OF THE END OF and our true stability depends upon the our salvation, hear the prayers of Your WORLD WAR II freedom of others.’’ people across this Nation. With them The SPEAKER pro tempore. Pursu- It is a remarkable statement that the we pray as one for the Members of Con- ant to the order of the House of Janu- President issued. It is this freedom, the gress who gather today to attend the

VerDate jul 14 2003 04:37 May 11, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.002 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3063 work of the people You lay upon their Last week, the Department of Labor going. Our Reservist and National shoulders. reported that 274,000 jobs were created Guard units are fortifying a mission to Fill them with wisdom and prudence in April, far more than economists pre- which they should have never been that all their efforts on behalf of the dicted, while unemployment came in at called. needy and the forsaken may bring just 5.2 percent. Meanwhile, the Con- Iraq has turned into a tragedy. What them satisfaction in their labors. And gressional Budget Office reported that is even more tragic is the thinking enkindle renewed hope for those who the deficit projection for the first 7 that says, Well, we are there; now we are in most need of Your mercy. months of the fiscal year is $50 billion need to stay and finish the job. Make of them true leaders who live lower than previously estimated. The Mr. Speaker, we need to get out. The beyond self-interest and serve their deficit is going down. New home sales sooner the better. And we need to hold brothers and sisters in this land of grew 12.2 percent over last year, and accountable those whose lies sent our promise. To You, our God and Father, the overall economy grew at 3.1 per- soldiers there at the cost of many we commend this Nation, and we ulti- cent for the first quarter of 2005. The American lives and the lives of inno- mately place all our trust in You, now economy is strong, it continues to cent Iraqis. and forever. Amen. grow, and that strength and growth f make it possible for us to meet the f RECOGNIZING THE WOMEN OF TO- needs of our military and conquer the MORROW MENTOR AND SCHOL- THE JOURNAL challenges of the war on terror. ARSHIP PROGRAM The SPEAKER pro tempore. The Last week, Mr. Speaker, we built on Chair has examined the Journal of the those successes by passing President (Ms. ROS-LEHTINEN asked and was last day’s proceedings and announces Bush’s emergency supplemental war given permission to address the House to the House his approval thereof. budget with strong bipartisan support. for 1 minute and to revise and extend Pursuant to clause 1, rule I, the Jour- And at the same time, offensive oper- her remarks.) Ms. ROS-LEHTINEN. Mr. Speaker, I nal stands approved. ations in the Iraqi and Afghani thea- ters have netted our troops significant would like to recognize an outstanding f victories over the last week. Dozens of group from my congressional district, PLEDGE OF ALLEGIANCE terrorists and insurgents have been south Florida, the Women of Tomorrow captured, and our intelligence gath- Mentor and Scholarship Program: its The SPEAKER pro tempore. Will the erers continue to close the noose founder, Jennifer Valoppi; its sponsor, gentlewoman from Texas (Ms. EDDIE around our enemies. NBC Channel 6; and, of course, their BERNICE JOHNSON) come forward and Our continued success around the board of directors, Don Browne, Kath- lead the House in the Pledge of Alle- world enhances our security here at erine Fernandez-Rundle, Donna Feld- giance. home, where this week we will add to man, Judge Judy Kreeger, Marita Ms. EDDIE BERNICE JOHNSON of that momentum by taking up a bill to Srebnick, and Sherry Williams, for Texas led the Pledge of Allegiance as reform the way that the Federal Gov- their steadfast commitment to the follows: ernment funds our first responders. women of our south Florida commu- I pledge allegiance to the Flag of the Under the new bill, firefighters, po- nity. United States of America, and to the Repub- lice, and emergency medical personnel Women of Tomorrow is a mentor and lic for which it stands, one nation under God, scholarship program designed to guide, indivisible, with liberty and justice for all. will get the money they need via a streamlined funding system. That will to inspire, and to help at-risk young f help bolster our homeland security and women achieve their true potential MESSAGE FROM THE SENATE national preparedness, which will fur- through education, job training, re- ther protect our economy, which will, sume-building, and skill development. A message from the Senate by Mr. in turn, continue to support our war ef- We as a society have a profound obli- Monahan, one of its clerks, announced fort. gation to enrich the lives of all of our that the Senate has passed a bill of the All of these priorities are of a kind, citizens, and Women of Tomorrow ful- following title in which the concur- Mr. Speaker: homeland security, na- fills that obligation by encouraging rence of the House is requested: tional security, and economic strength; young women to achieve their dreams S. 148. An Act to establish a United States and this week, the House will score vic- and embrace their true dignity. Boxing Commission to administer the Act, tories on every front. I am proud of all of those who are as- and for other purposes. f sociated with Women of Tomorrow for f their continuing efforts to improving U.S. NEEDS TO GET OUT OF IRAQ the lives of south Florida’s youth. U.S. HOUSE OF REPRESENTATIVES (Mr. KUCINICH asked and was given f SCORING VICTORIES ON EVERY permission to address the House for 1 FRONT minute and to revise and extend his re- ADDRESSING GANG VIOLENCE (Mr. DELAY asked and was given per- marks.) (Ms. EDDIE BERNICE JOHNSON of mission to address the House for 1 Mr. KUCINICH. Mr. Speaker, the ad- Texas asked and was given permission minute.) ministration is closing defense bases to address the House for 1 minute and Mr. DELAY. Mr. Speaker, ever since here at home and building new bases in to revise and extend her remarks.) the terrorist attacks of September 11, Iraq. There is no money to maintain Ms. EDDIE BERNICE JOHNSON of 2001, punctured both our national secu- some defense installations here, but Texas. Mr. Speaker, I rise to speak rity and our national economy, the there is $270 billion and counting for about the increasing problem of gang House has responded on both fronts. We establishing a permanent presence in violence. have worked tirelessly to both secure Iraq. The Armed Forces ranks are de- Since 2001, we have seen drastic budg- our homeland and defeat our terrorist pleted. Enlistment is falling off. So the et cuts in youth violence prevention. enemies around the world, and we have administration is hard at work At-risk kids need support and a place worked with equal determination to se- privatizing the war, having hired about to go after school. They need the fun- cure our economy, helping it to grow 20,000 so-called contractors, merce- damental tools to make good choices. and create jobs over the last 31⁄2 years. naries, to do work that used to be done Instead of funding these programs, These two missions, economic pros- by the military. the Congress has chosen to lock them perity and military victory, are so A member of the new private army in up and throw away the key. intertwined that it could be said that Iraq may make as much as 10 times Mr. Speaker, what kind of message is winning the war on terror is America’s more than what an enlisted soldier this, and the bill that we are going to top economic priority, while growing makes, and private companies making take up this week, giving to our at-risk our economy is a wartime necessity. billions from the Iraq war will no doubt youth? We must provide at-risk youth Both prongs of our agenda are suc- be quick to make political contribu- with a path to succeed, not a path to ceeding, Mr. Speaker. tions to make sure the war keeps prison.

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.005 H10PT1 H3064 CONGRESSIONAL RECORD — HOUSE May 10, 2005 Our police forces are doing a very It actually has been used before by uted almost $13 billion to the economy outstanding job, most especially in Democrats. In 1995, 19 currently serv- of the State. They created over 111,000 Dallas, Texas. However, prosecuting ing Democratic Senators voted to end jobs between them. criminals is not enough. We also need all filibusters, and Senator ROBERT Now, one of six medical research in- to work on preventing future violence. BYRD has tried to amend use of the fili- stitutions in Texas is the University of I am a strong supporter of law en- buster several times. Texas Southwestern Medical School. forcement, but I do believe in preven- As long as there is a Senate, there Back in World War II when Baylor Col- tion. It is less costly. will be a filibuster and other delaying lege of Medicine left for Houston, the f tactics available to thwart the major- University of Texas Southwestern Med- ity and legislation. But as long as the ical School was started in an aban- HONORING THE CITY OF Constitution directs the Senate to vote doned Army barracks; and from those STATESVILLE, NORTH CAROLINA on judicial nominees, the filibuster will humble beginnings, they have become a (Ms. FOXX asked and was given per- not stand in the way. powerhouse in medical education, pa- mission to address the House for 1 f tient care, and research. minute.) Mr. Speaker, the University of Texas SUPPORTING JANICE ROGERS Ms. FOXX. Mr. Speaker, it is with Southwestern Medical School boasts BROWN ON HER NOMINATION TO great pride that I rise today to honor four Nobel Laureates. They have a new THE DISTRICT OF COLUMBIA the city of Statesville for being se- medical research tower which is being CIRCUIT COURT OF APPEALS lected Top Micropolitan of the Year by completed, and advances in medical Site Selection Magazine. (Mr. DANIEL E. LUNGREN of Cali- imaging are going to be housed in that Statesville is a dynamic town located fornia asked and was given permission tower, as well as a new alliance for cel- in the foothills of North Carolina at to address the House for 1 minute and lular signaling, to investigate how cells the intersections of Interstate 77 and to revise and extend his remarks.) talk to each other will be housed in 40. This charming city is characterized Mr. DANIEL E. LUNGREN of Cali- that building. With the acquisition of by beautiful buildings, historic homes, fornia. Mr. Speaker, I rise in support of Zale Lipshy Hospital and St. Paul Hos- clean air, a pleasant weather climate, the nomination to the D.C. Circuit pital and the historic association with terrific quality of life, and incredibly Court of Appeals of Janice Rogers Parkland Memorial Hospital, the Uni- friendly people. It has been named by Brown. versity of Texas Southwestern Medical Site Selection Magazine as the number In the discussion over the filibuster, School has a total package. one small town in America for attract- much has been lost with respect to the So biomedical research, not only big- ing new industry. individuals who have been nominated, ger, but better in Texas. Agriculture thrives in Statesville, as that is, who they are as real people. f does business, technology, and manu- Janice Rogers Brown is an out- facturing. The Statesville Airport is standing member of the California Su- b 1415 the home base of many NASCAR teams preme Court. As attorney general of PRISONER REENTRY that are based in Iredell County. Be- the State of California, I had the op- cause of the wide variety of industries portunity to review her record and on (Mr. DAVIS of Illinois asked and was in Statesville, the town is known for two occasions to vote to put her on the given permission to address the House its outstanding economic development appellate court and then on the Cali- for 1 minute and to revise and extend and widely skilled local workforce. fornia Supreme Court. his remarks.) By being selected Top Micropolitan, She has worked in various different Mr. DAVIS of Illinois. Mr. Speaker, Statesville has demonstrated that areas in the legal field. One of the out- on yesterday, I had the delightful expe- there is no better place to live or work standing periods of her work was as rience of attending the very first meet- than northwest North Carolina. I am legal affairs secretary to Governor ing of the commission just established proud to represent Statesville and all Pete Wilson, who on many occasions by the Governor of Illinois to look seri- of the other great cities located in the commented on the outstanding job she ously at the whole question of prisoner Fifth Congressional District. did for him, the tremendous legal mind re-entry, what to do with the 35,000, 36,000 people returning home from pris- f she had, and the ability for her to listen to all sides and then come to a con- on in our State. I want to commend the FILIBUSTER SHOULD NOT STAND sidered opinion. Governor of Illinois for his farsighted IN THE WAY OF NOMINEES Mr. Speaker, in the effort to resolve vision in looking at one of the per- (Mr. PITTS asked and was given per- the problem in the other body, I hope nicious problems facing urban Amer- mission to address the House for 1 that Janice Rogers Brown will not be ica. We look forward to some produc- minute and to revise and extend his re- left behind. She is an outstanding can- tive action coming from that commis- marks.) didate, someone who would do well to sion. Mr. Governor, I thank you. Mr. PITTS. Mr. Speaker, it is kind of serve on the District of Columbia Cir- f hard to see justice served in this Na- cuit Court of Appeals, and someone ROTARY INTERNATIONAL DAY tion when our Federal bench has va- who has had an outstanding record as a cancies on it. That is why the Presi- member of the California Supreme (Mr. PRICE of Georgia asked and was dent has put forward a number of high- Court. given permission to address the House ly qualified, highly skilled people to f for 1 minute.) serve on the Federal bench. Mr. PRICE of Georgia. Mr. Speaker, However, Senate Democrats do not BIOMEDICAL RESEARCH BIGGER today I rise in support of H. Res. 142, like these judges. They have conspired AND BETTER IN TEXAS celebrating and honoring Rotary Inter- to block judges using the filibuster. (Mr. BURGESS asked and was given national with a day of recognition. That means a nominee requires the ap- permission to address the House for 1 As a Rotary member and past presi- proval not of 51 Senators, which the minute and to revise and extend his re- dent of my hometown club, I can attest Constitution requires, a majority; but marks.) to the remarkable accomplishments of 60 Senators, a supermajority. Mr. BURGESS. Mr. Speaker, being Rotary International, which was found- So Republicans would like to restore from Texas, I am frequently asked, are ed over 100 years ago, the world’s first the tradition of the Senate approving things truly bigger in Texas? And the service club, and is now one of the larg- the President’s judicial nominations by answer, of course, is yes. As you work est nonprofit service organizations in requiring an up-or-down vote. This is your way down that list of cattle farms the world. ‘‘Service above Self,’’ the called the Constitutional Option, be- and oil wells, put a big checkmark next club’s motto, has inspired members to cause it empowers Senators to vote on to biomedical research. provide humanitarian assistance and judicial nominees, up or down. The rule Mr. Speaker, in the State of Texas, promote international good will. Ro- change will apply only to judicial the 15 members of the University of tary International funds club projects nominees. Texas system in the year 2004 contrib- and sponsors volunteers around the

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.007 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3065 community and worldwide. In 1985, Ro- Well, the fact of the matter is, Demo- scientist, for recognizing the discov- tary International launched Polio Plus crats and Republicans alike now talk eries made by amateur astronomers of and spearheaded efforts to immunize about the need to focus on fiscal re- asteroids with near-Earth orbit trajec- the children of the world against polio. sponsibility and turning the corner on tories. Since then, polio cases have dropped 99 the massive Federal deficit that we The Clerk read as follows: percent, and the world now stands on have. The single most important thing H.R. 1023 the threshold of eradicating this dread- that we can do is to make sure that the Be it enacted by the Senate and House of Rep- ed disease. economy is growing. resentatives of the United States of America in Mr. Speaker, Rotarians live by the 4- And we, by virtue of putting into Congress assembled, way test: Is it the truth? Is it fair to all place the tax cuts in the last 3 years, SECTION 1. SHORT TITLE. concerned? Will it build good will and have actually dramatically increased This Act may be cited as the ‘‘Charles better friendships? And will it be bene- through those tax cuts by 29 percent ‘Pete’ Conrad Astronomy Awards Act’’. ficial to all concerned? the flow of revenues to the Federal SEC. 2. DEFINITIONS. Would not we all be better off if we Treasury, beyond what had been antici- For the purposes of this Act— adopted this creed? Congratulations pated. Our policy of making sure that (1) the term ‘‘Administrator’’ means the Rotary International. Administrator of the National Aeronautics we grow the economy is critically im- and Space Administration; f portant. (2) the term ‘‘amateur astronomer’’ means THE UNITED NATIONS Another component of that will be an individual whose employer does not pro- passage of the Central American Free (Mr. GOHMERT asked and was given vide any funding, payment, or compensation Trade Agreement, which we will be to the individual for the observation of as- permission to address the House for 1 voting on in the not-too-distant future. teroids and other celestial bodies, and does minute.) not include any individual employed as a Mr. GOHMERT. Mr. Speaker, I do ap- It is critically important that we keep this pro-growth agenda moving so that professional astronomer; plaud the comments being a Rotarian. (3) the term ‘‘Minor Planet Center’’ means Rotary International has done a great we can, in fact, have the revenues we the Minor Planet Center of the Smithsonian deal. need to balance the budget. Astrophysical Observatory; But I rise today because, yesterday, f (4) the term ‘‘near-Earth asteroid’’ means we heard and read news reports of the an asteroid with a perihelion distance of less United Nations efforts to keep secret COMMUNICATION FROM CHAIRMAN than 1.3 Astronomical Units from the Sun; the very information with which it OF JOINT COMMITTEE ON THE and should have been most forthcoming. At LIBRARY (5) the term ‘‘Program’’ means the Charles ‘‘Pete’’ Conrad Astronomy Awards Program a time when the United Nations’ rep- The SPEAKER pro tempore (Mr. established under section 3. utation for trust, justice, fairness and KOLBE) laid before the House the fol- SEC. 3. PETE CONRAD ASTRONOMY AWARD PRO- following its own rules is at an all time lowing communication from the Honor- GRAM. low, it should be doing everything it able BOB NEY, Chairman of the Joint (a) IN GENERAL.—The Administrator shall can to bring information to light, Committee on the Library: establish the Charles ‘‘Pete’’ Conrad Astron- whether it is good or bad. CONGRESS OF THE UNITED STATES, omy Awards Program. However, this United Nations and ap- JOINT COMMITTEE ON THE LIBRARY, (b) AWARDS.—The Administrator shall parently its leader has far more guilty Washington, DC, May 6, 2005. make awards under the Program based on culpability than many of us ever sus- Hon. J. DENNIS HASTERT, the recommendations of the Minor Planet Center. pected. The United Nations’ leadership Speaker, House of Representatives, H–232 The Capitol, Washington, DC. (c) AWARD CATEGORIES.—The Adminis- seems united in one thing: Do not let trator shall make one annual award, unless people discover the truth. The U.N. DEAR MR. SPEAKER: Pursuant to Public Law 101–696 Section 801 (40 USC para. 188a(b)) there are no eligible discoveries or contribu- leadership, if it spent half the time lin- the Chairman of the Joint Committee on the tions, for each of the following categories: ing the fabric of freedom as it is al- Library is provided a position on the Capitol (1) The amateur astronomer or group of leged to have done in lining the pock- Preservation Commission. amateur astronomers who in the preceding ets of his family and friends, we would I am appointing Mr. JOHN MICA of Florida calendar year discovered the intrinsically not have these problems. to be my designee as provided for in Public brightest near-Earth asteroid among the If the U.N. is going to cover up the Law 101–696 section 801 (40 USC para. 188a(c)). near-Earth asteroids that were discovered Thank you for your attention to this mat- during that year by amateur astronomers or wrongs it has done from those who pay groups of amateur astronomers. for the U.N., then it is high time we ter. Sincerely, (2) The amateur astronomer or group of cover our U.S. bank account from BOB NEY, amateur astronomers who made the greatest them. We are literally paying them to Chairman, Joint Committee on the Library. contribution to the Minor Planet Center’s hire guns, to hide information from us. mission of cataloguing near-Earth asteroids Organized crime is said to have clean- f during the preceding year. ers that come in and clean up after ille- ANNOUNCEMENT BY THE SPEAKER (d) AWARD AMOUNT.—An award under the gal activity. Sounds like the Secretary Program shall be in the amount of $3,000. PRO TEMPORE (e) GUIDELINES.—(1) No individual who is General himself has full-time cleaners The SPEAKER pro tempore. Pursu- not a citizen or permanent resident of the on his staff. ant to clause 8 of rule XX, the Chair United States at the time of his discovery or It is time to hold the U.N. account- will postpone further proceedings contribution may receive an award under able. today on motions to suspend the rules this Act. f (2) The decisions of the Administrator in on which a recorded vote or the yeas making awards under this Act are final. TAX CUTS and nays are ordered, or on which the (f) AUTHORIZATION OF APPROPRIATIONS.— (Mr. DREIER asked and was given vote is objected to under clause 6 of From sums otherwise authorized to be appro- permission to address the House for 1 rule XX. priated, there are authorized to be appro- minute and to revise and extend his re- Record votes on postponed questions priated such sums as may be necessary to carry out this Act. marks.) will be taken after 6:30 p.m. today. Mr. DREIER. Mr. Speaker, at the end f The SPEAKER pro tempore. Pursu- of last week, we got reports of an unan- ant to the rule, the gentleman from ticipated surge in revenues to the Fed- CHARLES ‘‘PETE’’ CONRAD California (Mr. ROHRABACHER) and the eral Treasury. Many people on this ASTRONOMY AWARDS ACT gentleman from Colorado (Mr. UDALL) House Floor from the other side of the Mr. ROHRABACHER. Mr. Speaker, I each will control 20 minutes. aisle for a long period of time decried move to suspend the rules and pass the The Chair recognizes the gentleman the prospects of the Bush tax cuts, say- bill (H.R. 1023) to authorize the Admin- from California (Mr. ROHRABACHER). ing that they would take our economy istrator of the National Aeronautics GENERAL LEAVE right into the tank and ensure that we and Space Administration to establish Mr. ROHRABACHER. Mr. Speaker, I would never be able to balance the Fed- an awards program in honor of Charles ask unanimous consent that all Mem- eral budget. ‘‘Pete’’ Conrad, astronaut and space bers may have 5 legislative days within

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.009 H10PT1 H3066 CONGRESSIONAL RECORD — HOUSE May 10, 2005 which to revise and extend their re- greatest contribution during the pre- threat, and we should know what that marks and include extraneous material ceding year to the Minor Planet Cen- threat is. on H.R. 1023, the bill now under consid- ter’s catalog of known asteroids. The And while the asteroid that is be- eration. recipients of the awards will receive lieved to have killed the dinosaurs is The SPEAKER pro tempore. Is there $3,000, and it is limited to U.S. citizens estimated to have occurred many many objection to the request of the gen- or permanent residents. years ago and will only occur once tleman from California? This bill is a tribute to Pete Conrad every 100 years, smaller, yet still haz- There was no objection. for his tremendous contributions to ardous asteroids could impact Earth Mr. ROHRABACHER. Mr. Speaker, I our country, to the world and to the much more frequently. For example, yield myself such time as I may con- aerospace community over four dec- the destructive force of an asteroid sume. ades. Pete Conrad was a pilot, an ex- that struck Siberia in 1908 was roughly Mr. Speaker, during my recent ten- plorer, an entrepreneur of the highest equal to a 10-mega-ton blast of TNT. ure as chairman of the Subcommittee caliber. He was a friend of mine who Ironically, if we look at asteroids on Space and Aeronautics of the Com- lived in Huntington Beach. He com- from the perspective of our national mittee on Science, one of my top prior- manded Apollo XII, and during that goals in space, they offer us not just a ities was to mitigate the threat posed mission, he became the third man to threat that we are looking at but also by near-Earth objects. The hearings of walk on the moon. He saw space as a a unique opportunity. This is one rea- our subcommittee have revealed that place to get to and to explore and to do son that we should be tracking these monitoring and tracking near-Earth business. Space exploration and com- asteroids, because in terms of pure objects, that is, NEOs, such as comets mercialization is what he was all science, asteroids are good geological and asteroids, not only advance astron- about. It was his job to explore the time capsules from the era when our omy but are critical to identifying the moon and to get to know the heavens solar system was formed. Even better, near-Earth objects that may threaten better. He then worked to develop a they are orbiting mines for metal, for the Earth. new spacecraft and a new space trans- materials and other resources that can Mr. Speaker, just as recently as last portation system. That is when I got to be possibly used to build large struc- December, an asteroid 350 yards in di- know him the best, a few years ago. tures in space without having to carry ameter, named 2004 MN4, was discov- An interesting aside, the analysis of up the materials to build those struc- ered to have an orbit that will take it an orbiting object identified by an tures from the Earth. So far, NASA has less than one-tenth of the distance amateur astronomer, and that is just surveyed 650 asteroids. But this is a from here to the moon. That is right in recently, suggests that instead of a fraction of the projected total popu- the region of where our artificial sat- near-Earth object being an asteroid, lation of asteroids and near-Earth ob- ellites are, and that will happen in the what was identified were the remains jects. What needs to be done now is to year 2029. of the Saturn V rocket, third stage, fully understand near-Earth objects According to NASA JPL and the which most likely came from Pete and the potential threat and, yes, the Minor Planet Center at the Smithso- Conrad’s Apollo mission. potential use that they could pose for nian Astrophysical Observatory, sev- So I find no better way to honor Pete the world. eral additional close encounters are Conrad, who died just a few years ago In closing, asteroids deserve a lot possible in the next decade or two, and tragically in a motorcycle accident, more attention from the scientific thus, we have one coming very close than to establish this annual astron- community and from the American soon. And we have some that are pre- omy award for future asteroid discov- people. The first step to tracking them dicted shortly thereafter. The hazard eries in his name. He always wanted and tracking sizable near-Earth objects associated with such an asteroid hit- people to be looking up. He always is H.R. 1023, and it is a modest step. ting this planet is fairly well known. It wanted people to be positive. He was a But what we are doing is mobilizing could flatten an area the size of Texas can-do American with a very positive the amateurs and the young people and or perhaps Colorado, I would say to the spirit, American spirit. He, in fact, ex- the private sector, if you will, and stu- gentleman from Colorado (Mr. UDALL), emplified the American spirit more dents throughout the country to look or Tennessee or any of the other States than any person I have ever met. He up and enlisting them in this effort. and cause significant tsunami damage was often remembered of course not Nothing could be better for encour- to coast lines throughout the world. only for his walk on the moon but his aging young people to get involved in We cannot assess the risk or likeli- historic description of the moon land- the space program, to have them in- hood of such an event unless we know ing and also, I might add, his historic volved in trying to win this award and what is out there. Accounts of aster- description of the take off of his rock- looking out into the heavens and iden- oids passing close to the earth have et, which was, ‘‘whoopee’’. Well, that tifying what they see. I would suggest raised public awareness of the possi- was the Pete Conrad we knew. And he that this small award will have an bility that one day one of these objects was excited about life and excited enormous impact on the number of could hit the earth with potential cata- about technology as expanding the ho- young people that are involved in as- strophic consequences. Given the vast rizons of our people and the safety of trology and thus involved in America’s number of asteroids and comets that this planet. space program. inhabit the Earth’s neighborhood, Films like Armageddon and Deep Im- greater efforts for tracking and moni- pact of a few years ago excited large b 1430 toring these objects is critical. audiences, but it is vital for all of us to I would urge my colleagues to vote This is why I authored H.R. 1023, the realize that this is not just the movies for H.R. 1023 which will encourage Charles ‘‘Pete’’ Conrad Astronomy we are talking about. This is not young people, in particular, as I say, to Awards Act. This bill is strongly sup- science fiction. We all know that look up; and let us all as we pass this ported by NASA, the Smithsonian In- Earth’s moons and other planetary ob- bill remember Pete Conrad and the stitute and our colleagues across the jects are covered with impact craters. great space entrepreneurs and the aisle. This is truly a bipartisan effort. Most people have heard of the dinosaur great space explorers that are leading I thank them all. H.R. 1023 authorizes extinction theory or perhaps seen a the way for the next generations of the NASA administrator to give one picture of this meteor and crater in Ar- Americans which will go a long way to- award each year to the amateur as- izona suggesting that the craters on wards filling and fulfilling the legacy tronomer or group of amateur astrono- the moon and these other places could left by Pete Conrad. mers who discover the intrinsically well have had serious impact on the Mr. Speaker, I reserve the balance of brightest near-Earth asteroid among Earth and may well have that impact my time. the near-Earth asteroids discovered in in the future. However remote the pos- Mr. UDALL of Colorado. Mr. Speak- that preceding year by amateur as- sibility of a near-Earth object striking er, I yield myself such time as I may tronomers. Another award will go to the Earth and causing a worldwide ca- consume. I rise today with my good the amateur astronomer or group of lamity, no matter how obscure or how friend, the gentleman from California amateur astronomers who made the remote that is, there is a calculable (Mr. ROHRABACHER), to speak in favor

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.011 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3067 of H.R. 1023, the Charles ‘‘Pete’’ Conrad mankind, but we should nevertheless sage. This resolution honors the scientific con- Astronomy Awards Act. be prepared if there is a possible way to tributions of the past, while also recognizing This bill is a thoughtful measure avert a catastrophe by having knowl- the scientific discoveries of the future. that establishes an awards program to edge of a near-Earth object heading in Known for his sense of humor and infec- encourage efforts by amateur astrono- our direction. tious grin, Charles P. Conrad, as commander mers to detect and catalog near-Earth Also, as the gentleman from Colorado of the Apollo 12 mission, was the third person asteroids. (Mr. UDALL) described, if near-Earth to walk on the moon. Not a tall man, Conrad As the gentleman from California objects are coming close to the Earth, stepped down onto the lunar surface in No- (Mr. ROHRABACHER) pointed out, near- they pose a great opportunity for us as vember of 1969 and cheerfully commented, Earth asteroids are of interest for a well as create a threat if they were ‘‘Whoopie! Man, that may have been a small number of reasons. Scientifically, they headed towards us. We should be pre- one for Neil, but that’s a long one for me.’’ provide a window into the earliest days pared, number one, to try to alter the Born June 2nd, 1930 in Philadelphia, Pennsyl- of the solar system. Some of the near- course if it is a dangerous course to- vania, he graduated from Princeton University Earth asteroids are also thought to wards the Earth of a near-Earth object; in 1953 and went on to become a Navy test contain valuable minerals and ores but we should also be prepared to take pilot. Selected as a NASA astronaut in 1962, that could be mined by future genera- advantage of the potential if there is a Conrad in 1965 went on his first space flight— tions. Finally, there is a growing con- near-Earth object coming near the the endurance record setting Gemini 5 mis- sensus that near-Earth asteroids have Earth to utilize it for a number of sion. His final space flight was to Skylab in impacted the Earth at various times in things like mining or studying the na- 1973. its history, resulting in widespread ex- ture of the universe. Unfortunately, Conrad died from injuries in a tinction of animals and plants. For With this said, I cannot think of a motorcycle accident on Thursday, July 8, that reason alone, I think it makes better tribute to Pete Conrad who 1999. Today, we have a chance to ensure that very good sense to learn more about fought in World War II and who pro- his legacy lives on. In addition, we have the these objects. tected our country but also moved on opportunity to recognize the discoveries made NASA, of course, has been con- and made great contributions to his by amateur astronomers of asteroids with ducting research on asteroids and com- country through the space program near-Earth orbit trajectories. This is indeed a ets for a long time. I agree with the than to have this, as a civilian, I might worthwhile resolution because it allows us to gentleman from California (Mr. ROHR- add, in a civilian entrepreneur men- celebrate a great man of science and recog- ABACHER) that the amateur astronomy tality that Pete exemplified. All of nize the amateur astronomer of today. So, I community offers an important addi- these are encompassed in this bill: urge my colleagues to support this meaningful tional source of observations. More- safety and prosperity and accomplish- legislation. over, as one who is very interested in ment. Mr. CALVERT. Mr. Speaker, I appreciate promoting science education and out- With that said, I ask my colleagues my colleague, Congressman DANA ROHR- reach, I believe that H.R. 1023 offers a to join me in voting for this Pete ABACHER, introducing this important legislation constructive, low-cost way of stimu- Conrad bill, H.R. 1023. honoring our late California constituent, lating public interest in astronomy. Mr. Speaker, I reserve the balance of Charles ‘‘Pete’’ Conrad, for his remarkable I want to congratulate the gentleman my time. achievements in spaceflight as well as his from California (Mr. ROHRABACHER) on Mr. UDALL of Colorado. Mr. Speak- contribution to the U.S. aerospace industry. his initiative. I think it is a sensible er, I yield myself such time as I may Pete was a great American and this is a trib- measure. I urge my colleagues to sus- consume. ute to his contributions to space and to pend the rules and pass H.R. 1023. I will be brief. I just want to second science. Mr. Speaker, I reserve the balance of what the gentleman from California Pete Conrad was an individual who was al- my time. (Mr. ROHRABACHER) has outlined here, ways pushing the envelope with an exu- Mr. ROHRABACHER. Mr. Speaker, I that the Earth has been hit over geo- berance that matched his animated personality yield myself such time as I may con- logic times by a number of asteroids and sense of humor. Pete’s first flights were in sume. and bodies outside the orbit of the the Gemini program, where he established Mr. Speaker, let me note that there Earth. And it would be a smart thing both the record for endurance and for altitude are a lot of people who poo-pooed this for us to do to better understand the in space. Then, as the commander of Apollo idea of near-Earth objects and said, potential impacts and effects. XII, he became the third man to walk on the you are just trying to scare people, or Secondly, I just wanted to lend my Moon—to which he exclaimed in his typical whatever. And after the movie ‘‘Deep voice to those of us here who admired enthusiastic manner, ‘‘Whoopie! Man, that Impact’’ and such, that maybe this is Pete Conrad and think this is a very may have been a small one for Neil, but it’s some sort of scare tactic or you are suitable way to keep his legacy alive a long one for me.’’ His final National Aero- trying to get attention by talking and to inspire, particularly young peo- nautics and Space Administration mission was about something, a threat that is so ple, as we have discussed here today, to a commander of Skylab II, the first United minuscule that why should we worry go into this exciting world of astron- States space station. about it. omy and space exploration. Pete Once he left the Astronaut Corps, Pete Well, several years ago, I chaired a Conrad is a shining example of that. delved into what was then the nascent aero- hearing into the near-Earth object It is with pride and excitement that space industry. He worked to sell the industry issue, and one of the witnesses who was I want to acknowledge the efforts of to the American people and to excite them on poo-pooing this idea and downplaying the gentleman from California (Mr. the possibilities of the return to and the col- the risk suggested that the chances of ROHRABACHER). I urge all the Members onization of the Moon, the development of sin- me dying from this near-Earth object to vote for this important piece of leg- gle-stage-to-orbit vehicles, and in the explo- striking the Earth were the same islation. ration of the solar system. During this time, chances that I would have of going to Ms. JACKSON-LEE of Texas. Mr. Speaker, Pete stayed with his love of anything that Las Vegas and having a royal straight I rise as a strong supporter of H.R. 1023, a bill would go fast—airplanes, helicopters, cars and flush. And it was a shocking thing for that authorizes the Administrator of the Na- motorcycles. He raced helicopters across the him to tell me that because, Mr. tional Aeronautics and Space Administration to country; he raced airplanes in air shows; and Speaker, I did go to Las Vegas once establish an awards program in honor of he raced motorcycles in local races. Trag- and had a royal straight flush and it Charles ‘Pete’ Conrad, who was an astronaut ically, he died from injuries resulting from a was amazing. and space scientist, for recognizing the dis- motorcycle accident in 1999 and at the age of I said that happened to me, and the coveries made by amateur astronomers of as- 69 in Ojai, CA. fact is that, yes, it is unlikely that teroids with near-Earth orbit trajectories. Let This bill, which honors Pete Conrad and is people will get royal straight flushes me thank my colleague on the Science com- a tribute to his wife Nancy, encourages young and it is unlikely that we will have mittee, Mr. ROHRABACHER for introducing this people to get involved in astronomy by offer- near-Earth objects destroying all of hu- resolution and seeing it through for final pas- ing prizes to amateurs for their contributions to

VerDate jul 14 2003 04:37 May 11, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\K10MY7.013 H10PT1 H3068 CONGRESSIONAL RECORD — HOUSE May 10, 2005 astronomy by either discovering the brightest geous pro-democracy opponents of the Castro Two years ago, the tyrant again at- near-Earth object or by the cataloging of near regime—Martha Beatriz Roque Cabello, tempted to silence the cries for liberty Earth objects. What better way to get our chil- Felix Bonne Carcasses, and Rene Gomez and democracy that emanate from Manzano; every corner of the Cuban gulag. He ar- dren interested in science and in paying trib- Whereas organizers and participants are ute to this great American. convening a meeting of the Assembly to Pro- rested over 75 dissidents and sentenced Mrs. UDALL of Colorado. Mr. Speak- mote the Civil Society in Cuba at great risk them to prison terms each up to 25 er, I yield back the balance of my time. to themselves and their families; and years. What were their crimes? Simply Mr. ROHRABACHER. Mr. Speaker, I Whereas President George W. Bush stated daring to exercise their fundamental have no further requests for time, and in his second inaugural address on January freedoms, for daring to be free men and I yield back the balance of my time. 20, 2005: ‘‘All who live in tyranny and hope- women. The SPEAKER pro tempore (Mr. lessness can know: the United States will These 75 are just some of the most re- KOLBE). The question is on the motion not ignore your oppression, or excuse your cent ones. There are many more Cuban offered by the gentleman from Cali- oppressors. When you stand for your liberty, we will stand with you. Democratic reform- prisoners of conscience who languish in fornia (Mr. ROHRABACHER) that the ers facing repression, prison, or exile can squalid jail cells. However, Mr. Speak- House suspend the rules and pass the know: America sees you for who you are— er, all of Cuba is an island prison; and bill, H.R. 1023. the future leaders of your free country.’’: today we rise to commend and support The question was taken; and (two- Now, therefore, be it the activities of Cuba’s peaceful inter- thirds having voted in favor thereof) Resolved, That the House of Representa- nal opposition. the rules were suspended and the bill tives— On May 20, Cuba’s democratic opposi- was passed. (1) extends its support and solidarity to the tion will convene in an Assembly to organizers and participants of the historic A motion to reconsider was laid on Promote the Civil Society in Cuba. the table. meeting of the Assembly to Promote the Civil Society in Cuba on May 20, 2005, in Ha- This historic meeting will discuss ways f vana; to bring democracy and liberty to the EXPRESSING SUPPORT OF THE (2) urges the international community to nation of Cuba, which has suffered HISTORIC MEETING OF THE AS- support the Assembly’s mission to bring de- under a brutal dictatorship for more SEMBLY TO PROMOTE THE CIVIL mocracy to Cuba; than four decades. May 20, 2005, will (3) urges the Administration and inter- SOCIETY IN CUBA also mark the 103rd anniversary of the national community to actively oppose any Cuban Republic, of Cuba’s birth as a attempts by the Castro regime to repress or Ms. ROS-LEHTINEN. Mr. Speaker, I free nation. move to suspend the rules and agree to punish the organizers and participants of the Assembly; and Yet the Cuban opposition is deter- the resolution (H. Res. 193) expressing mined to correct this injustice and re- support to the organizers and partici- (4) shares the pro-democracy ideals of the Assembly to Promote the Civil Society in claim their rights as free people in a pants of the historic meeting of the As- Cuba and believes that this Assembly and free, democratic, and sovereign nation. sembly to Promote the Civil Society in others will hasten the day of freedom and de- The May 20th Assembly to Promote Cuba on May 20, 2005, in Havana. mocracy for the people of Cuba. Civil Society in Cuba is an important The Clerk read as follows: The SPEAKER pro tempore. Pursu- step toward the fulfillment of this goal. H. RES. 193 ant to the rule, the gentlewoman from Martha Beatriz Roque Cabello, Felix Whereas Fidel Castro’s terrorist regime Florida (Ms. ROS-LEHTINEN) and the Bonne Carcasses, and Rene Gomez has continued to repress all attempts by the gentleman from Florida (Mr. WEXLER) Manzano and many others are the or- Cuban people to bring democratic change to each will control 20 minutes. Cuba and denies universally recognized lib- ganizers of this landmark meeting. De- erties, including freedom of speech, associa- The Chair recognizes the gentle- spite the risks and the constant tion, movement, and the press; woman from Florida (Ms. ROS- threats that the dictator holds over Whereas thousands of political prisoners LEHTINEN). their heads, they are living examples are currently imprisoned by Fidel Castro’s GENERAL LEAVE to their countrymen of courage and de- totalitarian regime; Ms. ROS-LEHTINEN. Mr. Speaker, I termination, of how to follow in the Whereas in March 2003 Fidel Castro carried ask unanimous consent that all Mem- footsteps of Pope John Paul, II, and be out a massive, island wide crackdown on bers may have 5 legislative days within not afraid. members of Cuba’s pro-democracy move- Just recently, a group of young Cu- ment, under which pro-democracy activists which to revise and extend their re- were arrested, subjected to ‘‘summary marks and include extraneous material bans held an essay contest focusing on trials’’, and sentenced to up to 28 years in on H. Res. 193. a democratic transition in Cuba. One of prison for their pro-democracy activities; The SPEAKER pro tempore. Is there the finalists, Edgar Lopez Moreno, Whereas the Department of State’s 2004 objection to the request of the gentle- struck a chord that doubtless resonates Country Reports on Human Rights Practices, woman from Florida? with the vast majority of his country- in referring to Castro’s Cuba, states: ‘‘Mem- There was no objection. men. He wrote: ‘‘After 46 years of polit- bers of the security forces and prison offi- Ms. ROS-LEHTINEN. Mr. Speaker, I ical ostracism and imposition by the cials continued to beat and abuse detainees yield myself such time as I may con- Communist Party and its maximum and prisoners, including human rights activ- sume. ists. . . . Prison conditions remained harsh leader, today the process of transition and life threatening, and the Government re- Mr. Speaker, I rise in strong support to democracy on the island is closer stricted medical care to some prisoners as a of House Resolution 193, and I com- than ever.’’ method of control. Prisoners died in jail due mend the gentleman from Florida (Mr. The winds of freedom are behind the to lack of medical care.’’; MARIO DIAZ-BALART) for writing this Cuban opposition. The just nature of Whereas on May 20, 1902, the Republic of important measure and bringing it to their cause has given them wings. Soon Cuba obtained its independence; the floor. I would like to also thank democracy will take flight in Cuba. Whereas in the spirit of Jose Marti, many the gentleman from Illinois (Mr. HYDE) Soon the Cuban people will free them- of the future leaders of a free Cuba have and the ranking member of the Com- called for a meeting of the Assembly of the selves from the grip of this dictator, Civil Society in Cuba, an organization that mittee on International Relations, the but they need our help. They need our consists of over 360 opposition and civil soci- gentleman from California (Mr. LAN- support, and it begins here and now. ety organizations in Cuba; TOS), as well as the House leadership, I urge my colleagues to stand with Whereas on May 20, 2005, the Assembly to for helping us bring this resolution to these brave Cubans by joining me in Promote the Civil Society in Cuba seeks to the floor in such an expeditious man- voting for the resolution of the gen- convene an historic meeting in Havana on ner. tleman from Florida (Mr. MARIO DIAZ- the 103rd anniversary of Cuban Independ- Mr. Speaker, even the most violent BALART) today. ence; and repressive dictatorships cannot ex- Mr. Speaker, I reserve the balance of Whereas the Assembly to Promote the tinguish freedom when it lives in peo- Civil Society in Cuba will focus on bringing my time. democracy and liberty to the enslaved island ple’s hearts, and Cuba is no exception. Mr. WEXLER. Mr. Speaker, I yield of Cuba; The dictator Fidel Castro has always myself such time as I may consume. Whereas the Assembly to Promote the used fear to keep himself and his cro- Mr. Speaker, I rise in strong support Civil Society in Cuba is led by three coura- nies in power. of this resolution. Mr. Speaker, I too

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MY7.016 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3069 want to commend the gentleman from der to shoulder with the Cuban people President Bush said, Mr. Speaker, in Illinois (Mr. HYDE) and the ranking if such an unjustified response were to his second inaugural address, and I am member, the gentleman from Cali- occur. As a result, Mr. Speaker, I quoting him now, ‘‘All who live in tyr- fornia (Mr. LANTOS), for facilitating strongly urge my colleagues to support anny and hopelessness can know: The consideration of this resolution. I also House Resolution 193. United States will not ignore your op- want to thank my good friend, the gen- Mr. Speaker, I reserve the balance of pression or excuse your oppressors. tleman from Florida (Mr. MARIO DIAZ- my time. When you stand for your liberty, we BALART), the sponsor of this resolution, Ms. ROS-LEHTINEN. Mr. Speaker, I will stand with you.’’ and the gentleman from New Jersey yield such time as he may consume to The Cuban people are standing tall, (Mr. MENENDEZ), the ranking Democrat the gentleman from Florida (Mr. MARIO Mr. Speaker, for their freedom. Today, on the Subcommittee on the Western DIAZ-BALART), the author of the resolu- by voting for this resolution, the Hemisphere, for his never-ending battle tion. United States Congress stands with for human rights in Cuba. b 1445 them, lets them know that they are Mr. Speaker, 2 weeks ago on the not alone, that despite all the risks, de- House floor, we chastised the Cuban re- Mr. MARIO DIAZ-BALART of Flor- spite the horrendous conditions that gime for its inexcusable continued de- ida. Mr. Speaker, I want to thank the they are facing on a day-to-day basis, tention of political dissidents, many of gentlewoman from Florida, also my the United States Congress stands with whom are jailed because of their con- dear friend the gentleman from Florida them, admires them and supports what viction to seek freedom and democracy (Mr. WEXLER) from West Palm Beach. they are doing. in Cuba. Unfortunately, there is no in- Today, Congress is supporting these Cuba will be free because of the ef- dication from Castro that he ever plans brave individuals in Cuba who, despite forts of the heroic Cuban people, and it to implement political and economic all of the dangers, are standing up for is wonderful, Mr. Speaker, to see that reforms that would give hope to the ap- freedom, are standing up for democ- the Congress of the United States, once proximately 11 million citizens on the racy, from within Cuba, from within again, is supporting the Cuban people island who have suffered for far too that totalitarian island. in their efforts, in their struggle to be long. The three main organizers, Martha free. Many internationally recognized Beatriz Roque Cabello, Felix Bonne Mr. WEXLER. Mr. Speaker, I yield as human rights groups like Amnesty Carcasses, and Rene Gomez Manzano, much time as he may consume to the International and Human Rights all three of which have suffered prison gentleman from Florida (Mr. LINCOLN Watch have denounced Castro’s brutal time by the Cuban dictatorship, are DIAZ-BALART). dictatorship over the years and called standing up because they know that Mr. LINCOLN DIAZ-BALART of for reforms, the release of political the answer to the problems that the Florida. Mr. Speaker, I thank the dis- prisoners, and urged the totalitarian Cuban people face is simply just one: It tinguished gentleman from south Flor- government to respect basic human is freedom, total, absolute freedom. ida (Mr. WEXLER) for the time. freedoms. That entails the release of all polit- This resolution is very important be- This year the Human Rights Com- ical prisoners. It entails political par- cause it continues the very important, mission called attention to the injus- ties. It entails freedom of press. It en- historic tradition begun here in this tices which continue to be inflicted tails free elections, and they are stand- Congress, by this Congress in April of upon those innocent individuals who ing up from within Cuba and with 1898 when, after a century of fighting toil in Castro’s prisons. Undeterred, many other hundreds of their country- by the people of Cuba for the independ- thousands of brave Cubans have sought men who are standing up, having this ence of Cuba, the United States, be- to bring about political change through event on May 20 to express their senti- cause of the Congress of the United opposition and civil society organiza- ment and also to prepare and work for States, came out in support of Cuban tions which are loosely coordinated by a free Cuba. independence. In April of 1898, this the Assembly of the Civil Society in This resolution, Mr. Speaker, extends Congress passed what is very well- Cuba. and supports solidarity to the orga- known in Cuban history, the joint reso- The assembly is planning a historic nizers and to the participants of the lution that recognized that Cuba is and meeting next week on the 103rd anni- Assembly to Promote the Civil Soci- of right ought to be free and inde- versary of Cuban independence. Mr. ety, which again is on May 20 in Ha- pendent. So this Congress began a tra- Speaker, I would like to encourage the vana. dition in April of 1898 that continues to organizers of the meeting of the assem- It urges the international commu- this day, a tradition in support of the bly to include in the meeting political nity to support the assembly of these right of the Cuban people to be free. dissidents who may disagree with them heroes that are standing up for freedom For the last 46 years, the Cuban peo- about whether to engage officials with- despite the risk. ple unfortunately have been under the in Castro’s government on the transi- It urges the administration and also boot of a totalitarian dictatorship tion process, in particular, the sup- the international community, Mr. that, while it has perhaps been the porters of the Varela Project, a grass- Speaker, to oppose any attempts by most inept, certainly one of the most roots, non-violent, citizens’ movement Castro’s terrorist regime to punish or inept of the Communist dictatorships in Cuba that seeks fundamental polit- repress the organizers and the partici- in having achieved the systematic, ical change by petitioning the Cuban pants. utter destruction of what was one of government for a referendum on reform It obviously shares, also, Mr. Speak- the most prosperous economies in this according to that country’s constitu- er, the pro-democracy ideals of the as- hemisphere; in that sense, it has been tion. sembly. absolutely inept. In terms of totali- These groups should feel as though The commissions, Mr. Speaker, that tarian control, it has been quite effec- they are welcome within the broader these individuals are working with are tive, and it maintains an absolute, in- coalition that opposes Castro’s poli- hard to believe. The Department of tense oppression over the Cuban people cies. Regardless of which groups of po- State’s 2004 Country Reports on Human to this day. litical activists attend the assembly, I Rights Practices, referring to the Cas- My colleagues have mentioned the am concerned that Castro’s henchmen tro regime, states the following: onslaught of 2 years ago that was con- will once again try to suppress dissent ‘‘Members of the security forces and demned by a resolution offered by the through the use of force. As a result, I prison officials continued to beat and gentleman from New Jersey (Mr. strongly concur with the sentiment ex- abuse detainees and prisoners, includ- MENENDEZ) a few weeks ago, and it was pressed in the resolution urging the ad- ing human rights activists. Prison con- condemned by this House, the absolute ministration and the international ditions remained harsh and life threat- campaign, if you will, of the march of community to stand ready to respond ening, and the government restricted 2003 that arrested dozens and dozen and to such an atrocity. medical care to some prisoners as a dozens, almost 100 pro-democracy lead- This resolution demonstrates our un- method of control. Prisoners died in ers and threw them in prison, but the equivocal commitment to stand shoul- jail due to lack of medical care.’’ campaign continues.

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.017 H10PT1 H3070 CONGRESSIONAL RECORD — HOUSE May 10, 2005 The campaign of oppression and in- mostly in solitary. His name is Jorge help spark the flame of liberty on the island timidation, beginning in January of Luis Garcia Perez, also known and the rest of the Americas. I urge my col- this year, the totalitarian Communist Antunez. He was sentenced to 18 years leagues to stand for liberty and to champion regime in Cuba has begun a systematic because, ever since he was in high the spirit of freedom for the people of Cuba. campaign of ethnic cleansing. Hun- school, he said he favors democracy Mr. MENENDEZ. Madam Speaker, I am dreds of young people, mostly young and rejects totalitarianism, and so he proud to join a bipartisan group of original co- men, 95 percent of whom are black, has suffered the consequences since sponsors of this resolution which supports the have been rounded up and thrown in then. development of democracy and civil society in prisons beginning in January of this Juan Carlos Herrera Acosta, 20 years Cuba. As you know, on May 20th, opposition year in what the dictator calls Oper- in the gulag. leaders are organizing a historic Assembly on ation Containment, containment of the Diosdado Gonzalez Marrero, 20 years the 103rd Anniversary of Cuban independ- young people. in the gulag. ence. Now, this assembly was organized, as Felix Navarro Rodriguez, 25 years. In this momentous meeting of 365 has been mentioned by my distin- Prosperso Gainza Aguero, 25 years. irdependent organizations, Cuba will hear a guished colleagues, by Martha Beatriz Hector Maseda Gutierrez, 20 years. dialogue of freedom and progress. This As- Roque Cabello and Felix Bonne Car- Claro Sanchez Altarriba, 15 years. sembly will continue a discussion—from within casses and Rene Gomez Manzano, is an Victor Rolando Arroyo, 26 years. Cuba—of how to begin the process of recon- important, historic development. And perhaps the best known, cer- structing a democratic culture, promoting civil There are some people who now say tainly someone who is a symbol of re- society, combating poverty, and establishing that we must reject the subterfuge sistance, character, dignity, as all labor rights. They are Cuba’s bravest and seeking to attack this assembly, that these men and women are, Dr. Oscar brightest—they are Cuba’s future. Elias Biscet, 25 years. they have not invited all pro-democ- Who among us would not be supportive of There are thousands, Mr. Speaker, of racy groups. All pro-democracy groups, the right to peaceful assembly and public dis- men and women like this, many, by the the organizers of this assembly have course? That is what this resolution and way, charged with what they call in invited all individuals and organiza- Cuban civil society is calling for on May 20th. tions within Cuba who support democ- the totalitarian system common crimes, like seeking to leave, seeking As we learned in a Western Hemisphere racy. Some say then they have not Subcommittee hearing early this year, the or- been invited. In fact, they have been to flee to freedom. That is a common crime. So the regime does not even rec- ganizers and the participants in this event are invited, but that is not the problem of risking their personal freedom for the freedom the organizer. That is the problem of ognize them as political prisoners. There are thousands of political pris- of the Cuban people. somebody else, very important. This resolution makes it clear that we op- This is an important, extremely val- oners in Cuba such as these men whose pose any attempt by the Castro regime to re- iant effort that over 360 civil society names I have read. We owe them our press or punish the organizers and partici- groups, pro-democracy groups within solidarity. pants of the Assembly, as Castro has done the island have called for, and they Today, we are expressing our soli- with so many others who have spoken out seek to meet on May 20. So what this darity, and specifically through this against repression. News reports indicate that Congress today is saying is: We support resolution, our solidarity with the Cuban dissidents who are choosing to partici- you. We know what you are doing. We meeting convened for May 20, which pate in the Assembly are already being har- know the courage that it entails to will seek to develop ways to hasten assed. say, within a totalitarian state, that a what is inevitable, and that is an end meeting will be held in support of free- to the totalitarian nightmare and the This past April 20th—not even a month dom and democracy and free elections commencement of the dawn of free- ago—three of these dissidents took the time to and the legalization of political parties dom. speak to many of us about their situation. and freedom of religion and freedom of Mr. MACK. Madam Speaker, I rise to ex- They told of the beatings, detentions, interro- the press and freedom of expression. press my strong support for this resolution— gations, harassment and political slander Within the totalitarian state, to say sponsored by my distinguished friend and which they and other dissidents are being sub- that there will be a meeting engaged in neighbor, Mr. MARIO DIAZ-BALART of Florida— jected to as the Cuban regime continues to try such discussion is really a heroic act, which recognizes the upcoming Assembly To to repress and de-legitimize their struggle for and so today, what we are saying is Promote Civil Society in Cuba. freedom. that we recognize that, and we support I am proud to associate myself with causes And let us not forget the crackdown on you. that seek to increase freedom, security, and human rights two years ago, when Castro ar- Simply to end, Mr. Speaker, as I prosperity for people throughout the world. On rested 75 dissidents, subjected them to sum- commend the gentleman from Florida May 20th, we will mark Cuban Independence mary trials, and sentenced them to long jail (Mr. MARIO DIAZ-BALART) for having Day. This is the day Cuba proclaimed to the terms. Many of the prisoners, along with other brought forth this resolution today in world its sovereignty and independence. prisoners of conscience, spent over a year in such an important and timely manner, Sadly, freedom for the Cuban people was solitary confinement. Some have been de- I simply want to read the names of short-lived. The world stood by as Cuba lost prived of adequate medical treatment, and re- some of the thousands of political pris- its liberty and slipped into the abyss of authori- ports from Cuba detail beatings and harass- oners who cannot have their voices tarian rule and the clutches of Fidel Castro’s ment. heard. Obviously, they all deserve to be thuggish regime. Clearly, the Castro regime has no respect heard, but I would like to read some of Madam Speaker, today Cuba is a lonely is- for the Universal Declaration of Human Rights, their names. land nation separated by 90 miles from the which states in Article 4 that, ‘‘No one shall be It is my privilege and honor to serve greatest beacon of freedom the world has subjected to torture or to cruel, inhuman or de- in this Congress with my brother ever known—the United States. Many in Cuba grading treatment or punishment.’’ Mario, where there are two brothers thirst for the waters of liberty, only to see That is why I am proud of my resolution that who are serving in prison in Cuba sim- those yearnings suppressed by a brutal dic- passed with bipartisan support condemning ply because they came out publicly in tator. Castro’s brutal crackdown and demanding that support of freedom and democracy. One America has always stood for freedom, and the Cuban regime immediately release all po- brother, Jose Daniel Ferrer Garcia, was always will. Under the leadership of President litical prisoners, legalize all political parties, sentenced to 25 years in the gulag for George W. Bush, we have endeavored to labor unions, and the press, and hold free and his support of democracy. The other spread liberty to the Middle East and through- fair elections. one, Luis Enrique Ferrer Garcia, was out the world. It is past time to shine the light On that day, we came together from both sentenced to 28 years in the gulag be- of freedom on the despotic regimes in our own sides of the aisle, to stand together for a uni- cause he supports democracy. backyard. versal cause, human rights, and to celebrate Someone who I admire very much, I Madam Speaker, I strongly support the right the strength and perseverance of the Cuban have followed his long and distin- of the Cuban people to live in a free and people. guished fight for freedom for many democratic society. I am confident that the As- That is why I urge all of my colleagues to years, has been languishing since 1990, sembly To Promote Civil Society in Cuba will support this resolution. This resolution

VerDate jul 14 2003 04:50 May 11, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\K10MY7.019 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3071 says again that we stand behind those who up, paraded before kangaroo courts on ‘‘Rotary International Day’’ and cele- risk repression and harassment to bring free- trumped up charges and given harsh prison brating and honoring Rotary Inter- dom to their long-suffering people. sentences with sickening speed. She was sen- national on the occasion of its centen- It says that the international community is tenced to 20 years in prison but released in nial anniversary. watching Castro, and that we will not accept July of 2004 because of poor health. In an The Clerk read as follows: the abuses of human and civil rights that the interview after her release, Roque said: ‘‘I H. RES. 142 Castro regime employs so indifferently. leave prison without having accepted any sort Whereas Rotary International, founded on And it says that we believe in the Assembly of conditions. I am a dissident and I will re- February 23, 1905, in Chicago, Illinois, is the and the ability of a group of individuals with a main one.’’ world’s first service club and one of the larg- strong faith in democracy to free their people Madam Speaker, we gather today in support est nonprofit service organizations; from a tyrant’s restrictive grasp. of Roque, Bonne, Manzano, and these other Whereas there are more than 1.2 million To my brothers and sisters who suffer in brave leaders as they prepare for this historic Rotary International club members comprised of professional and business leaders in Castro’s jails, under his regime, to their fami- event. I have been invited to participate in the more than 31,000 clubs in more than 165 coun- lies and friends both here in the United States Assembly to Promote the Civil Society and tries; and in Cuba, to the leaders and participants in sent my visa application through the Depart- Whereas the Rotary International motto, the Assembly to Promote Civil Society in ment of State to Cuba through the US Interest ‘‘Service Above Self’’, inspires members to Cuba, and to the Cuban people, I say that Section. provide humanitarian service, meet high Castro’s days are numbered. Over a hundred Madam Speaker, I note that in March of ethical standards, and promote international good will; years ago, the Cuban people won the battle 2003, I also requested to travel to Cuba along against brutality and oppression and fought for Whereas Rotary International funds club with my colleague, Congressman FRANK projects and sponsors volunteers with com- their freedom. I have no doubt that we will win WOLF, but we were denied visas. This is a re- munity expertise to provide medical sup- again. I look forward to that day, which is gime that has strongly advocated for trade and plies, health care, clean water, food produc- coming soon, when on May 20, our independ- travel with the United States, and yet the gov- tion, job training, and education to millions ence day, we will all celebrate a free and ernment of Cuba would not give visas to two in need, particularly in developing countries; democratic Cuba. Members of Congress, each of whom have Whereas in 1985, Rotary International I urge my colleagues to vote ‘‘yes’’ on this served in the House of Representatives for launched Polio Plus and spearheaded efforts resolution. with the World Health Organization, Centers nearly 25 years. for Disease Control and Prevention, and the Mr. SMITH of New Jersey. Mr. Speaker, I What do they hide? What do they fear? United Nations Children’s Fund (‘‘UNICEF’’) rise in strong support of H. Res. 193, which I hope that the Cuban government will allow to immunize the children of the world expresses support for the courageous advo- me to travel. I hope to be with the brave lead- against polio; cates of freedom in Cuba, who are gathering ers of freedom in Cuba on this day of peaceful Whereas polio cases have dropped by 99 ten days from now in Havana for the first As- advocacy. The world will be watching next percent since 1988, and the world now stands sembly to Promote the Civil Society con- on the threshold of eradicating the disease; week Mr. Speaker, and I hope that the regime Whereas Rotary International is the larg- ference which will focus on bringing democ- will allow this event to take place. If they fail racy, liberty, and the rule of law to this est privately-funded source of international to do so, they will continue to experience scholarships in the world and promotes enslaved island. alienation from the world community. international understanding through schol- Madam Speaker, in recent years, this Our hopes and prayers are with the brave arships, exchange programs, and humani- House has overwhelmingly passed numerous leaders of the Assembly to Promote the Civil tarian grants; resolutions condemning the egregious human Society next week. I urge my colleagues to Whereas since 1947, more than 35,000 stu- rights violations of the Castro regime. These dents from 110 countries have studied abroad strongly support this resolution that supports as Rotary Ambassadorial Scholars; violations, which have been continually cited the brave advocates for freedom in Cuba. through comprehensive, compelling reports, Whereas Rotary International’s Group Mr. WEXLER. Madam Speaker, I Study Exchange program has helped more include the pervasive use of torture and vi- yield back the balance of our time. than 46,000 young professionals explore ca- cious beatings of political prisoners. We know Ms. ROS-LEHTINEN. Madam Speak- reer fields in other countries; that this year the UN Convention on Human er, I have no further requests for time, Whereas 8,000 secondary school students Rights in Geneva also passed a resolution and I yield back the balance of my each year experience life in another country through Rotary International’s Youth Ex- condemning the government of Cuba’s deplor- time. able human rights record. change Program; The SPEAKER pro tempore (Mrs. Today, we celebrate those brave Cubans Whereas over the past five years, members CAPITO). The question is on the motion who have been undaunted by Castro’s reign throughout all fifty States of Rotary Inter- offered by the gentlewoman from Flor- national have hosted participants in Open of terror and who continue to speak out fear- ida (Ms. ROS-LEHTINEN) that the House World, a program sponsored by the Library lessly for freedom in Cuba. Mr. Speaker, I suspend the rules and agree to the reso- of Congress, and therefore have earned the note that on March 3, three of the main orga- lution, H. Res. 193. honor of serving as Open World’s most out- nizers of the Assembly to Promote the Civil standing host; The question was taken. Society testified via telephone at a joint hear- Whereas there are approximately 400,000 ing I chaired with the Africa, Global Human The SPEAKER pro tempore. In the Rotary International club members in more Rights, and International Operation Sub- opinion of the Chair, two-thirds of than 7,700 clubs throughout the United those present have voted in the affirm- States sponsoring service projects to address committee and the Western Hemisphere Sub- critical issues such as poverty, health, hun- committee. The hearing was appropriately en- ative. Ms. ROS-LEHTINEN. Madam Speak- ger, illiteracy, and the environment in their titled ‘‘Year Two of Castro’s Brutal Crackdown local communities and abroad; and on Dissidents.’’ er, on that I demand the yeas and nays. Whereas February 23, 2005, would be an ap- The three who spoke at this hearing were The yeas and nays were ordered. propriate date to observe Rotary Inter- Martha Beatriz Roque, an internationally re- The SPEAKER pro tempore. Pursu- national Day: Now, therefore, be it; nowned Cuban economist; Felix Bonne, a ant to clause 8 of rule XX and the Resolved, That the House of Representa- Cuban engineering professor; and Rene Chair’s prior announcement, further tives— (1) supports the goals and ideals of a ‘‘Ro- Gomez Manzano, a Cuban attorney. All three proceedings on this motion will be postponed. tary International Day’’ to celebrate the have spent time in Cuba’s prisons for their centennial anniversary of Rotary Inter- pro-democracy activities and co-authored a f national; and book, ‘‘The Homeland Belongs to Us.’’ The (2) recognizes Rotary International for 100 courage they demonstrated through testifying SUPPORTING GOALS AND IDEALS years of service to improving the human con- was truly inspiring and they provided a tre- OF A ROTARY INTERNATIONAL dition in communities throughout the world. DAY mendous witness of the desire of the Cuban The SPEAKER pro tempore. Pursu- people to be free. Ms. ROS-LEHTINEN. Madam Speak- ant to the rule, the gentlewoman from Martha Beatriz Roque was arrested in the er, I move to suspend the rules and Florida (Ms. ROS-LEHTINEN) and the now infamous March 2003 crackdown of agree to the resolution (H. Res. 142) gentleman from Illinois (Mr. DAVIS) Cuba’s bravest and brightest were rounded supporting the goals and ideals of a each will control 20 minutes.

VerDate jul 14 2003 04:46 May 11, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MY7.019 H10PT1 H3072 CONGRESSIONAL RECORD — HOUSE May 10, 2005 The Chair recognizes the gentle- Ms. SCHAKOWSKY. Madam Speaker, and happened to be there on a weekend woman from Florida (Ms. ROS- I thank the gentleman for yielding me when Rotary was doing immunizations LEHTINEN). this time. of children in India against polio. As the author of this legislation, and b 1500 Along with many coalition partners, with the honor of representing the the Rotarians succeeded in immunizing GENERAL LEAVE Ninth Congressional District of Illi- approximately 125 million people in a Ms. ROS-LEHTINEN. Madam Speak- nois, home to the headquarters of Ro- weekend. Imagine the kind of volun- er, I ask unanimous consent that all tary International, I rise in strong sup- teer effort it took for such a massive Members may have 5 legislative days port of House Resolution 142, a bill campaign and for such great results. within which to revise and extend their marking 100 years of service to human- Due in large part to Rotary’s efforts, remarks, and to include extraneous ity by Rotarians around the world. I the number of polio cases has fallen material on the resolution under con- am so happy that the other body, under from an estimated 350,000 in 1988 to less sideration, H. Res. 142. the leadership of our Illinois Senator, than 1,300 in 2004, a more than 99 per- The SPEAKER pro tempore (Mrs. RICHARD DURBIN, also passed an iden- cent decline in reported cases. More CAPITO). Is there objection to the re- tical resolution. than 200 countries and territories are quest of the gentlewoman from Flor- I want to thank the chairman and polio-free. ida? ranking member of the Committee on From the launch of the global initia- There was no objection. Government Reform for their assist- tive in 1988 to the eradication target Ms. ROS-LEHTINEN. Madam Speak- ance in moving this bill to the floor, date of 2005, five million people who er, I yield myself such time as I may and my colleague, the gentleman from would otherwise have been paralyzed consume. Illinois (Mr. KIRK), for his support of will be walking because they have been As a member of the Committee on this legislation. immunized against polio. It is my hope Government Reform, and as one of the The celebration of Rotary’s centen- that today we will not only pass this 73 cosponsors, I am pleased to rise in nial will culminate in the place where resolution but that we will also dedi- support of House Resolution 142 that it all began, Chicago, during the orga- cate ourselves to meeting Rotary honors Rotary International on the oc- nization’s upcoming convention to be International’s call for adequate fund- casion of its centennial anniversary. held in mid-June. There, Rotarians ing for the fight against polio in 2006. Rotary is a global organization of from all over the world will mark 100 Rotary is seeking a total of $106.4 business and professional leaders that years of service to humanity and to re- million for the polio eradication efforts provide humanitarian services and dedicate themselves to Rotary’s ongo- of the CDC and $32 million for the polio works to provide good will and peace in ing mission of service above self. eradication activities of USAID. This Rotary International was founded on the world. The organization boasts ap- Congress should support Rotary’s great February 23, 1905, in Chicago, Illinois. proximately 1.2 million members, work by providing those needed funds. It is the world’s first service club and called Rotarians, who belong to more Rotary International shares the mis- one of the largest nonprofit service or- than 31,000 Rotary clubs currently lo- sion that drives so many of us in this ganizations in the world. Rotary pro- cated in 167 countries. The efforts of body. Rotary International promotes vides humanitarian services, encour- Rotary clubs encourage high ethical world understanding through inter- ages high ethical standards in all voca- standards in all vocations. national and humanitarian service pro- tions, and helps build good will and Rotary International was founded on grams and educational and cultural ex- February 23, 1905, in Chicago, Illinois, peace in the world. Approximately 1.2 million Rotarians changes. It is supported solely by vol- in the hometown and the district of my belong to more than 31,000 Rotary clubs unteer contributions from Rotarians colleague, the gentleman from Illinois located in 167 countries. Approximately and others who share its vision of a (Mr. DAVIS). It became the world’s first 400,000 Rotarians belong to clubs better world. Since 1947, the foundation club devoted to public service and throughout the United States and in has awarded more than $1.1 billion in quickly grew into one of the largest virtually every congressional district. humanitarian and educational grants. nonprofit service organizations. The world’s Rotary clubs meet weekly Again, I want to urge my colleagues Today, there are nearly 400,000 Rotar- and are nonpolitical, nonreligious, and to join me in passing this legislation in ians in the U.S. Membership provides open to all cultures, all races, and all honoring the work and members of Ro- the opportunity to make a difference creeds. tary International for 100 years of serv- within communities by working with The main objective of Rotary is service to humanity and for their role in each other and with local humani- ice in the community, in the work- improving the world. I hope over the tarian and business leaders. A person place, and throughout the world. Ro- next 100 years Rotary’s membership can even learn about and become in- tarians develop community service will continue to grow and its great volved in international issues through projects that address many of today’s service will continue. Rotary programs. most critical issues, such as children at Ms. ROS-LEHTINEN. Madam Speak- Madam Speaker, next month, I un- risk, poverty and hunger, the environ- er, I am pleased to yield such time as derstand that the Rotary will be ment, illiteracy, and violence. They she may consume to my distinguished hosting a great celebration in Chicago also support programs for youth, edu- colleague, the gentlewoman from the to mark its hundredth anniversary, cational opportunities, and inter- State of Tennessee (Mrs. BLACKBURN), and it will be from June 18 to June 22. national exchanges for students, teach- who is also a Rotarian. On this occasion, the 2005 Rotary Inter- ers and other professionals, and voca- Mrs. BLACKBURN. Madam Speaker, national convention will be a great tional career development. I thank the gentlewoman from Florida event, and we wish the best to the Ro- The Rotary motto of ‘‘Service Above for yielding me this time, and I want to tary and all Rotarians in their festivi- Self’’ is an example for all humanity, commend the gentlewoman from Illi- ties. and certainly one for the Members of nois for her fine work on this piece of Madam Speaker, I congratulate the this body. Today, Rotarians are united legislation, and I would like to encour- distinguished gentlewoman from Illi- in a campaign for the global eradi- age my colleagues to all join me in nois (Ms. SCHAKOWSKY) for her benevo- cation of polio. In the 1980s, Rotarians supporting House Resolution 142 and lence in advancing such a worthy reso- raised $240 million to immunize the honoring the goals and the ideals of lution. I congratulate Rotary Inter- children of the world. By the end of Rotary International and Rotary Inter- national for 100 years of tremendous 2005, the Polio Plus program will have national Day on their hundredth anni- service to our Nation and to the world. contributed $500 million to this cause. versary. It is a wonderful organization. Madam Speaker, I reserve the bal- Rotary has provided an army of volun- Growing up, I learned that giving ance of my time. teers to promote and assist at national back to your community should be a Mr. DAVIS of Illinois. Madam Speak- immunization days in polio endemic goal that each and every one of us er, I yield such time as she may con- countries around the world. would have. And with its ‘‘Service sume to the gentlewoman from Illinois In 2000, I had the privilege of trav- Above Self’’ motto, Rotary Inter- (Ms. SCHAKOWSKY). eling to India with President Clinton national truly is living up to that

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.021 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3073 standard of giving back. As an active sional and social needs of its club zation program, joined in with the Rotarian, I have had the opportunity members to trying to address the prob- United Nations and the U.S. Govern- to participate in so many events, pro- lems that existed in their commu- ment, Rotary’s vision has now led us to grams, and projects that have been car- nities. Since its inception, Rotary a world where 99 percent of polio has ried out by my Rotary club and by International has been a source of in- been eradicated. In just a few years’ other Rotary clubs in my congressional spiration to people all over the world. time, Rotary is going to give a great district in Tennessee. In 1945, 49 Rotary members served in 29 gift to the world. It is a world without The gentlewoman from Illinois spoke delegations to the United Nations polio. It embodies Rotary’s motto, a little about some of those projects, Charter Conference. Today, the Rotary Service Above Self, giving a victory and it does not matter if you are in club is still an active participant in and a gift to all future generations. Nashville or Memphis or Clarksville, or several United Nations programs. The House here commends Rotary anywhere in the Seventh District of In addition to their commitment to and I commend my colleague for bring- Tennessee or around our great State, diplomacy, Rotarians have taken the ing this, headquartered on Chicago’s you are going to see that Rotary clubs lead on many international crises. In North Shore, embodying the great are making a difference in each and 1985, they made a commitment to im- American civic spirit. every kind of project, from immuniza- munize all of the world’s children for Ms. JACKSON-LEE of Texas. Madam tions for children, which is a worldwide polio. To this day, Rotary is the larg- Speaker, I am pleased to be here today to project for Rotaries, and then to things est private-sector contributor to the support the goals and ideals of Rotary Inter- like the National Rotary Club, sup- global polio eradication program. national Day. The Rotary Foundation has led porting the Boys and Girls Club and As we honor Rotary International for the Global Effort to eradicate polio by vacci- Second Harvest Food Bank, and pro- their profound contributions to our nating every child in the world. They have sent viding scholarships. Also, in Memphis, world, I am pleased to say that the or- scholars, teachers and tradesmen from every they have awarded thousands of dollars ganization continues to grow. Today, nation to every nation to serve as ambas- in small grants to teachers who are 1.2 million Rotarians belong to 31,000 sadors of goodwill to promote peace and un- working to improve literacy in that Rotary clubs in 166 countries. derstanding. They are leaders in their commu- great city. Madam Speaker, I would also like to nity, in business and in government. They are I want to send my thanks to the 1.2 take this moment to thank my col- entrepreneurs that further the American econ- million Rotary club members who are league, the gentlewoman from Illinois omy and American ideals, and I thank them. working to make that difference in (Ms. SCHAKOWSKY), for her leadership In my own district of Houston Texas, the communities around the globe, and I in bringing this important legislation Rotary Club of Gulfway-Hobby Airport en- want to commend our international to the floor. I would also like to thank gages in a number of charitable projects Rotarians who are now in 165 different the members of the Rotary club for throughout the year. Founded on January 22, countries for their commitment to serving our communities and helping 1951, the South Houston Rotary Club was or- service above self and improving the to make the world a better place for all ganized that night and was off and running quality of life for each and every man of us to live in. with George Washington Christy being in- and woman. Madam Speaker, I have no additional stalled as the first president. Gulfway-Hobby Mr. DAVIS of Illinois. Madam Speak- requests for time, and I yield back the Airport Rotary Club, over this 50 years plus er, I yield myself such time as I may balance of my time. time span, has been one of the most active, consume. It is with great pleasure I Ms. ROS-LEHTINEN. Madam Speak- ‘‘Service Above Self’’ clubs in District 5890. join with my colleagues and friends in er, I yield such time as he may con- Their biggest charitable event is called Chal- support of H. Res. 142, supporting the sume to my distinguished colleague, lenge Air and is held annually. The Rotary goals and ideals of a Rotary Inter- the gentleman from the State of Illi- Club, with the support of the local aviation national Day and celebrating and hon- nois (Mr. KIRK), who is also a Rotarian. community provides pilots, airplanes, food, oring Rotary International on the oc- Mr. KIRK. Madam Speaker, I thank and gifts for wheelchair bound students. Held casion of its centennial celebration. the gentlewoman for yielding me this on a weekend, the students are given the op- Rotary International is one of the time; and I commend my colleague, the portunity to visit the hanger of one of the fixed most well-known and respected service gentlewoman from Illinois (Ms. base operators at Hobby Airport and then are organizations in the world. What many SCHAKOWSKY), for offering this resolu- taken for flights over Houston in private people do not know, however, is that tion commending Rotary on its anni- planes. the organization began in 1905, when versary, headquartered in Evanston, Il- In addition, the Gulfway-Hobby Airport Ro- Paul Harris, a Chicago attorney, in- linois, on Chicago’s North Shore. tary Club hosts a New Years Eve Party at vited three friends to a meeting: In 1905, in Chicago, Illinois attorney Golden Age Manor Nursing Home and pro- Silvester Schiele, a coal dealer; Hiram Paul Harris invited three friends to vides $8,000–$16,000 in academic scholar- Shorey, a merchant tailor; and Gusta- dinner. He envisioned a new kind of ships awarded to local high school graduates. vus Loehr, a mining engineer. All four group of professionals that would meet Organizations such as these are invaluable men gathered in Loehr’s business office to cultivate their civic ties. The group to our communities, and we must do what we in room 711 of the Unity Building at 127 met regularly, became the Rotary Club can to support and encourage their activities. North Dearborn, in my district of of Chicago, and changed its focus to Mr. ISSA. Madam Speaker, I rise today in downtown Chicago. They discussed community service. support of House Resolution 142, Supporting Harris’ idea that business leaders We have come a long way since 1905. the Goals and Ideals of a ‘‘Rotary International should meet periodically to enjoy ca- Now, with 400,000 Rotarians, like the Day’’ and celebrating and honoring Rotary maraderie and to enlarge their circle of Highland Park Morning Rotary Club International on the occasion of its centennial business and professional acquaint- that I belong to, and over 7,000 clubs anniversary. ances. throughout the United States, they are Since 1905 when the first Rotary Club was The club met weekly. Membership fighting poverty and hunger and illit- founded in Chicago by Paul Harris, Rotarians was limited to one representative from eracy and working to support the envi- have been dedicated to the principle of ‘‘Serv- each business and profession. And ronment. But Rotary should be known ice above Self.’’ Though this principle has though the men did not use the term especially for one project, Polio Plus. been embodied in various ways and mottos ‘‘rotary’’ that night, that gathering is throughout Rotary’s history, this ethic of serv- commonly regarded as the first Rotary b 1515 ice has always been rooted at the core of the club meeting. The name Rotary was It is with this privately funded and organization and in the hearts of Rotarians suggested later by Paul Harris, as organized group that dedicated itself to throughout the world. Today 1.2 million Rotar- meetings were rotated from one office wiping out a disease from the face of ians put service above self in more than in the early days of the organization to the planet, building on the precedent of 30,100 Clubs in over 160 countries. another. wiping out smallpox, Rotary chose to In 1985 Rotary International launched As the Rotary club began to grow na- wipe out polio which crippled our PolioPlus, a program to immunize all the tionwide, the focus of the club ex- President Roosevelt and many other world’s children against polio by the centennial panded from simply serving the profes- Americans. With this massive immuni- anniversary of Rotary’s founding. To date, the

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K10MY7.024 H10PT1 H3074 CONGRESSIONAL RECORD — HOUSE May 10, 2005 PolioPlus program has committed more than Madam Speaker, I am pleased that Rotary activities throughout the year that are of great $500 million to the protection of more than two International and the U.S. Coalition for the benefit to our community. I am pleased to be billion children in 122 countries. These funds Eradication of Polio have chosen to recognize participating in their annual Independence Day are providing much needed polio vaccine, me as a 2003 Rotary ‘‘Congressional Cham- parade again this year. operational support, medical personnel, lab- pion of Polio Eradication. The drive to eradi- Madam Speaker, I sincerely congratulate oratory equipment and educational materials cate polio has been one of the largest private- Rotary International and the El Paso Rotary for health workers and parents. public sector initiatives ever organized. Rotary Club on this important occasion, and I thank With its community-based network world- International has been working since 1985 to them for their continued service to the 16th wide, Rotary is the volunteer arm of the global help eradicate polio from the world and it is District of Texas, our Nation, and the world. partnership dedicated to eradicating polio. Ro- now possible. They have mobilized tens of Mr. SHAYS. Mr. Speaker, I rise in support tary volunteers assist in vaccine delivery, so- thousands of Rotarians to work together with of H. Res. 142, supporting the goals and cial mobilization, logistical help and other serv- their national ministries of health, UNICEF and ideals of a ‘‘Rotary International Day’’ and ices which cannot be quantified in dollars the World Health Organization, and with health celebrating and honoring Rotary International alone. providers at the grassroots level in thousands on the occasion of its centennial anniversary. From the earliest days of the organization, of communities. By the time polio has been On Rotary Inrernational’s 100th anniversary, Rotarians were concerned with promoting high eradicated, Rotary International will have ex- we celebrate their extraordinary contributions ethical standards in their professional lives. pended more than $500 million of its own to communities around the world. A worldwide One of the world’s most widely printed and money on the effort. organization of business and professional quoted statements of business ethics is The I am pleased to support H. Res. 142 and leaders, Rotary provides humanitarian service, Four-Way Test, which was created in 1932 by applaud Rotary International for all of their encourages high ethical standards in all voca- Rotarian Herbert J. Taylor. Rotarians chal- good work in service to their community. I tions, and helps build goodwill and peace in lenge themselves in their daily lives to ask the urge my colleagues to support passage of the the world. following four questions of the things they resolution. This extraordinary organization is the think, say or do: 1. Is it the truth? 2. Is it fair Mr. SKELTON. Madam Speaker, let me world’s first service club and one of the largest to all concerned? 3. Will it build goodwill and take this means to congratulate Rotary Inter- nonprofit service organizations. Dedicated to better friendships? 4. Will it be beneficial to all national on the occasion of its centennial anni- their motto ‘‘Service Above Self,’’ Rotary has concerned? versary. maintained their focus on service. In fact, to In the forty-ninth Congressional district The world’s first service club, the Rotary celebrate their 100th Anniversary, Rotary des- alone Rotary International is represented by Club of Chicago, was formed on February 23, ignated April 2005 ‘‘Centennial Service Above the Rotary Clubs of Vista, Bonsall, Fallbrook, 1905, by Paul P. Harris. Through the years, Self Volunteer Month.’’ Each club member Oceanside, Valley Center, Perris, Murrieta, Rotary’s popularity has spread across the na- wasencouraged to volunteer at least 10 hours Temecula, Temecula Sunrise, Sun City— tion and the world and its mission has ex- of personal time in service to others, focusing Menifee and Lake Elsinore. panded well beyond serving the professional on meeting community needs, lending voca- Rotary is among the finest of organizations interests of local chapters. tional expertise, and assisting communities and I join in celebrating with all Rotarians the Rotary has been instrumental in pooling re- abroad. one hundredth anniversary of their founding sources to assist communities in need across As Co-Chair of the Congressional National and wish them another one hundred years of the world. In 1985, Rotary made an historic Service Caucus, I am grateful for Rotary’s success. commitment to immunize all of the world’s commitment to our communities. Approxi- Mrs. CHRISTENSEN. Madam Speaker, as children against polio. Working in partnership mately 1.2 million Rotarians belong to more an original cosponsor, I rise in strong support with nongovernmental organizations and na- than 31,000 Rotary clubs, which fund club of H. Res. 142 to support the goals and ideals tional governments, Rotary is the largest pri- projects and sponsor volunteers to provide of ‘Rotary International Day’ and to celebrate vate-sector contributor to the global polio medical supplies, health care, clean water, and honor Rotary International on the occa- eradication campaign. In fact, in 2005, Rotar- food production, job training, and education to sion of its centennial anniversary. ians joined with representatives from global millions in need, particularly in developing Rotary began in my district, the U.S. Virgin health networks to mark the 50th anniversary countries. Islands with what was called non-district clubs. of the declaration of Dr. Jonas Salk’s polio The first non-district club to receive a charter vaccine as safe and effective. I am proud to have Rotary International was The Rotary Club of St. Thomas in 1957, Rotary has also worked to meet the chang- Clubs in 14 towns in my District, including followed by The Rotary Club of St. Croix in ing needs of society, addressing critical prob- Bridgeport, Darien, Fairfield, Greenwich, 1958 and from their inception they empha- lems surrounding illiteracy, world hunger, and Byram-Cos Cob, Derby-Shelton, Monroe, New sized their commitment of Service Above Self. at risk children. Canaan, Norwalk, Ridgefield, Seymour-Oxford, Rotary West of St. Croix for example has Mr. Speaker, I have visited countless Rotary Trumbull, Westport and Wilton. provided (5) $1,000 scholarship for graduating Clubs throughout Missouri’s Fourth Congres- I congratulate Rotary International and its seniors from St. Croix high schools for over 25 sional District. On each occasion, I am hum- members on the occasion of their centennial years. They have also donated over 350 bled by the hard work and friendly spirit of the celebration and urge passage of this resolu- wheelchairs to residents of St. Croix and Haiti, community leaders who belong to this organi- tion. and provided over 3 trailers loads of dry goods zation. Ms. BORDALLO. Madam Speaker, I rise to the residents of Grenada in the wake of the I congratulate them on 100 years of commu- today in support of H. Res. 142, a resolution disaster they suffered last year. Just this past nity service and I urge my colleagues to sup- commending the goals and ideals of Rotary March, they presented a $10,000 check to port H. Res. 142. International as it celebrates its 100th anniver- Juan Luis Hospital to help the facility purchase Mr. REYES. Madam Speaker, I rise today in sary. Rotary International is a network of pro- an EEG machine. support of H. Res. 142, a resolution sup- fessionals who have pooled their talents in On St. Thomas, three 2004 graduates of the porting the goals and ideals of a ‘‘Rotary Inter- pursuit of improving the communities in which Ivanna Eudora Kean High School were given national Day’’ and celebrating and honoring they live. I also commend the four Rotary full four-year scholarship awards to attend the Rotary International on the occasion of its cen- International clubs on Guam that have pro- University of the Virgin Islands, thanks to Ro- tennial anniversary. vided leadership and set a high standard for tary Club of St. Thomas East. St. Thomas’ Ro- Today we commemorate the 100th anniver- service that is very much appreciated by our tary East works closely with students at sary of Rotary International and express our community. Eudora Kean, its adopted school, year-round appreciation for the organization’s service to As America’s first service organization, Ro- and at the end of the year it awards up to four our congressional districts, including my dis- tary International embraces the ideal of pro- scholarships to deserving graduates. With Ro- trict of El Paso, Texas. Rotary International’s viding for the wellbeing of the community be- tary International in its 100th year, each club service also extends to people around the fore self. Today, Rotary International continues is mandated to create a special project. For its globe, with 1.2 million Rotarians at 31,000 Ro- to expand its reach across continents to foster Centennial project, Rotary East created a trop- tary clubs in 167 countries. international understanding, and is now active ical arboretum with the help of Kean students, The El Paso Rotary Club has served my in one hundred sixty-seven countries. One of planting 100 trees on the school’s campus district since 1914. Mr. Frank Hoy, President Rotary International’s current initiatives, the concentrating on native species, such as pink of the El Paso Rotary Club, leads a group of Polio Plus program, will immunize children cedar and sea grape trees. 300 members that conducts many important throughout the world against polio. Since the

VerDate jul 14 2003 04:37 May 11, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\A10MY7.004 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3075 implementation of Polio Plus, the Rotary Inter- AUTHORIZING USE OF CAPITOL raced anything with wheels to win a national has, in cooperation with other multi- GROUNDS FOR GREATER WASH- trophy to a nationwide extravaganza national organizations such as the United Na- INGTON SOAP BOX DERBY complete with three soap box divisions, tions World Health Organization, managed to Mr. DENT. Madam Speaker, I move official sponsors and the opportunity reduce the number of polio cases worldwide to suspend the rules and agree to the to travel and win college scholarships. by ninety-nine percent. Other successful hu- concurrent resolution (H. Con. Res. 86) More importantly, however, is the manitarian endeavors include bringing treat- authorizing the use of the Capitol work that goes into these soap box rac- ment for preventing blindness to indigent pa- Grounds for the Greater Washington ers. Building a racer gives children val- tients in the Philippines, building schools in Soap Box Derby. uable experience working with their Turkey, and providing educational fellowships The Clerk read as follows: hands and challenging their minds, and grants for young people. H. CON. RES. 86 learning about aerodynamics, crafts- Rotary International has dedicated signifi- Resolved by the House of Representatives (the manship and attention to detail. With cant resources to funding its fellowship and Senate concurring), three divisions and races all over the scholarship programs for citizens interested in SECTION 1. AUTHORIZATION OF SOAP BOX world, there is a place for everyone to studying abroad and pursuing scholarly work DERBY RACES ON CAPITOL try their hand at soap box building. in global conflict resolution. Educational and GROUNDS. It took several years for this hobby The Greater Washington Soap Box Derby to catch on in Washington, D.C., but community outreach to young citizens are ex- Association (in this resolution referred to as amples of Rotary International’s commitment after more than seven decades of rac- the ‘‘Association’’) shall be permitted to ing, the tradition of the Greater Wash- to fostering international understanding and its sponsor a public event, soap box derby races, belief that the virtue of volunteerism will pro- on the Capitol Grounds on June 18, 2005, or ington Soap Box Derby continues to vide positive change in the world at-large. on such other date as the Speaker of the encourage youth between the ages of 8 and 17 to develop their building, design I would like to commend Rotary Inter- House of Representatives and the Committee and creativity skills. The winners of national for its service to the international on Rules and Administration of the Senate may jointly designate. each division will represent the Wash- community and continued efforts to assist un- SEC. 2. CONDITIONS. ington, D.C., metropolitan area in the derserved populations of the world. Its vision The event to be carried out under this res- National Soap Box Derby to be held in of global understanding and commitment to olution shall be free of admission charge to Akron, Ohio, on July 30, 2005. service are truly noble core values. I also want the public and arranged not to interfere with The races will take place on Con- to specifically congratulate the Rotary Inter- the needs of Congress, under conditions to be stitution Avenue between Delaware national clubs established in Guam, as well as prescribed by the Architect of the Capitol Avenue and Third Street, Northwest, their respective club presidents, for the hard and the Capitol Police Board; except that the and will be free of charge to the public. work and commitment to community service Association shall assume full responsibility The resolution also authorizes the Ar- that they have demonstrated over the years. for all expenses and liabilities incident to all activities associated with the event. chitect of the Capitol, the Capitol Po- They are: Dr. Ron McNinch, Tumon Bay; Mr. SEC. 3. STRUCTURES AND EQUIPMENT. lice Board and the Greater Washington Mike Perrin, Guam; Mr. Curtis Dancoe, Guam For the purposes of this resolution, the As- Soap Box Derby Association, the spon- Sunrise; and Mr. Lee Yudin, Northern Guam. sociation is authorized to erect upon the sor of the event, to negotiate the nec- I also want to extend my appreciation to the Capitol Grounds, subject to the approval of essary arrangements for carrying out Assistant District Governor for the Pacific the Architect of the Capitol, such stage, the event in complete compliance with Basin Group, George Benoit. sound amplification devices, and other related structures and equipment as may be re- the rules and regulations governing the Today we honor the Rotary International or- use of the Capitol Grounds. The spon- ganization, which embodies the principle that quired for the event to be carried out under this resolution. sor assumes responsibility for all ex- we must, as individuals, strive for goals great- SEC. 4. ADDITIONAL ARRANGEMENTS. penses and liabilities related to the er than our own self interest. Through commu- The Architect of the Capitol and the Cap- event. I support the resolution and nity service, we can help form a world that is itol Police Board are authorized to make any urge my colleagues to join me in sup- a better place to live for all of us. Congratula- such additional arrangements that may be port. tions to Rotary International. To the Rotary required to carry out the event under this Madam Speaker, I reserve the bal- Club of Guam, the Rotary Club of Tumon Bay, resolution. ance of my time. the Rotary Club of Guam Sunrise and the Ro- SEC. 5. ENFORCEMENT OF RESTRICTIONS. Ms. SCHWARTZ of Pennsylvania. tary Club of Northern Guam, thank you very The Capitol Police Board shall provide for Madam Speaker, I am very pleased to enforcement of the restrictions contained in much for all you have done to promote com- stand here on behalf of the Committee munity values in Guam. section 5104(c) of title 40, United States Code, concerning sales, advertisements, displays, on Transportation and Infrastructure Ms. ROS-LEHTINEN. Madam Speak- and solicitations on the Capitol Grounds, as that has jurisdiction over this legisla- er, again, I am pleased to be associated well as other restrictions applicable to the tion. with House Resolution 142. I urge all of Capitol Grounds, with respect to the event to Madam Speaker, I yield such time as my distinguished colleagues to support be carried out under this resolution. he may consume to the gentleman its adoption. The SPEAKER pro tempore. Pursu- from Maryland (Mr. HOYER), the spon- Madam Speaker, I yield back the bal- ant to the rule, the gentleman from sor of this legislation who, each year, ance of my time. Pennsylvania (Mr. DENT) and the gen- has offered this resolution and has been The SPEAKER pro tempore (Mrs. tlewoman from Pennsylvania (Ms. a strong supporter of the soap box CAPITO). The question is on the motion SCHWARTZ) each will control 20 min- derby. offered by the gentlewoman from Flor- utes. Mr. HOYER. Madam Speaker, I ida (Ms. ROS-LEHTINEN) that the House The Chair recognizes the gentleman thank the distinguished gentlewoman suspend the rules and agree to the reso- from Pennsylvania (Mr. DENT). from Pennsylvania for yielding time, lution, H. Res. 142. Mr. DENT. Madam Speaker, I yield and I thank her for her leadership on The question was taken. myself such time as I may consume. bringing this bill to the floor. I thank House Concurrent Resolution 86 au- the gentleman from Pennsylvania as The SPEAKER pro tempore. In the thorizes the use of the Capitol Grounds well on getting this bill to the floor opinion of the Chair, two-thirds of for the 64th annual Greater Wash- early. The gentlewoman from Pennsyl- those present have voted in the affirm- ington Soap Box Derby to take place vania, I know, has worked with us on ative. on June 18, 2005. so many different matters. I thank her Ms. ROS-LEHTINEN. Madam Speak- Dating back to 1933, when a news- very much for making sure this hap- er, on that I demand the yeas and nays. paper photographer witnessed three pens. The yeas and nays were ordered. local boys racing engine-less cars down Madam Speaker, for the 15th straight The SPEAKER pro tempore. Pursu- a neighborhood hill, the soap box derby year, I am proud to sponsor the resolu- ant to clause 8 of rule XX and the has become an example of classic tion allowing the Greater Washington Chair’s prior announcement, further Americana. Over the years, the idea to Soap Box Derby Association to hold its proceedings on this motion will be hold a neighborhood race has grown annual race on the grounds of the postponed. from a local race where competitors United States Capitol. They could not

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MY7.042 H10PT1 H3076 CONGRESSIONAL RECORD — HOUSE May 10, 2005 do so without this legislation. H. Con. Ms. SCHWARTZ of Pennsylvania. and agree to the concurrent resolution, Res. 86 authorizes the Architect of the Madam Speaker, I yield myself such H. Con. Res. 86. Capitol and the Capitol Police Board to time as I may consume. The question was taken; and (two- work with the Greater Washington I am delighted to join with the gen- thirds having voted in favor thereof) Soap Box Derby Association to ensure tleman from Maryland (Mr. HOYER), the rules were suspended and the con- that all the necessary arrangements the gentleman from Virginia (Mr. current resolution was agreed to. are made to conduct this race in com- WOLF), the gentleman from Virginia A motion to reconsider was laid on plete compliance with the rules and (Mr. MORAN), the gentleman from the table. regulations governing the use of the Maryland (Mr. WYNN) and the gen- f Capitol Grounds. The 64th annual tleman from Maryland (Mr. VAN AUTHORIZING USE OF CAPITOL Greater Washington Soap Box Derby HOLLEN) in support of House Concur- GROUNDS FOR DISTRICT OF CO- will be held on Saturday, June 18. rent Resolution 86. In particular, I do LUMBIA SPECIAL OLYMPICS LAW Since 1991, the Greater Washington want to acknowledge the efforts of the ENFORCEMENT TORCH RUN Soap Box Derby Association has held gentleman from Maryland (Mr. HOYER) its race on the Capitol Grounds. Each Mr. DENT. Madam Speaker, I move who has consistently been a champion to suspend the rules and agree to the year, it attracts over 50 racers, both for his constituents in ensuring that boys and girls, ranging in age from 8 to concurrent resolution (H. Con. Res. 135) this event take place each year. authorizing the use of the Capitol 17. These young people work very hard House Concurrent Resolution 86 au- Grounds for the District of Columbia to build their own gravity-powered thorizes the use of the Capitol Grounds Special Olympics Law Enforcement race cars from a kit provided by the for the Greater Washington Soap Box All-American Soap Box Derby pro- Torch Run. Derby. On June 18, 2005, youngsters The Clerk read as follows: gram. What a great name, All-Amer- from the greater Washington area who H. CON. RES. 135 ican Soap Box Derby, because it is, of are between 9 and 16 will test the prin- course, true that like apple pie and Resolved by the House of Representatives (the ciples of aerodynamics as they race Senate concurring), motherhood, soap box derby rings so down Constitution Avenue in their true to all Americans. Participating in SECTION 1. AUTHORIZATION OF USE OF CAPITOL soap box vehicles that they have de- GROUNDS FOR D.C. SPECIAL OLYM- the soap box derby provides contest- signed and constructed. PICS LAW ENFORCEMENT TORCH ants with an opportunity to learn basic Madam Speaker, many hundreds of RUN. On June 10, 2005, or on such other date as building skills and a sense of accom- volunteers donate considerable time plishment. Racers are divided into the Speaker of the House of Representatives supporting the event and providing and the Committee on Rules and Adminis- three divisions, stock, super stock and families with a fun-filled day, which is masters. The local winner of each divi- tration of the Senate may jointly designate, quickly becoming a tradition in the the 2005 District of Columbia Special Olym- sion automatically qualifies to com- Washington, D.C., area. The event has pics Law Enforcement Torch Run (in this pete with racers from around the world grown in popularity, and Washington is resolution referred to as the ‘‘event’’) may be in the All-American soap box derby. now known as one of the outstanding run through the Capitol Grounds as part of This year’s race will be held on July 30 race cities in the Nation. Consistent the journey of the Special Olympics torch to in Akron, Ohio, where every year since the District of Columbia Special Olympics with all events using the Capitol 1936, except during World War II, young summer games. people have gathered to race. Grounds, this event is open to the pub- SEC. 2. RESPONSIBILITY OF CAPITOL POLICE The festivities in Akron begin when lic and free of charge. The organizers BOARD. will work with the Capitol Hill Police The Capitol Police Board shall take such the racers receive a police escort into actions as may be necessary to carry out the town and conclude in the winner’s cir- and the Office of the Architect. I support House Concurrent Resolution 86 event. cle with the awarding of scholarships SEC. 3. CONDITIONS RELATING TO PHYSICAL and merchandise. In between, the rac- and urge support of this resolution. PREPARATIONS. ers and their families participate in a Madam Speaker, I yield such time as The Architect of the Capitol may prescribe whirlwind of activities that leave them he may consume to the gentleman conditions for physical preparations for the with enduring friendships and memo- from Minnesota (Mr. OBERSTAR), the event. ries that I am sure will last a lifetime. ranking member of the Committee on SEC. 4. ENFORCEMENT OF RESTRICTIONS. Madam Speaker, I am honored that Transportation and Infrastructure. The Capitol Police Board shall provide for enforcement of the restrictions contained in all three of last year’s winners of the (Mr. OBERSTAR asked and was given permission to revise and extend his re- section 5104(c) of title 40, United States Code, Greater Washington Soap Box Derby concerning sales, advertisements, displays, were from my congressional district marks.) and solicitations on the Capitol Grounds, as from the Washington competition: Mr. OBERSTAR. Madam Speaker, well as other restrictions applicable to the Haley Luense of Accokeek, Robbie the annual soap box derby is one of the Capitol Grounds, in connection with the Reuss of Waldorf and Robert McDaniel most constructive activities that the event. of Bowie. They were not winners of the Congress can support in behalf of The SPEAKER pro tempore. Pursu- national competition but they were young people and truly for families. As ant to the rule, the gentleman from participants and did well. the gentleman from Maryland (Mr. Pennsylvania (Mr. DENT) and the gen- Madam Speaker, this event has been HOYER) has already explained and as tlewoman from Pennsylvania (Ms. called and I quote, the greatest ama- the gentleman from Pennsylvania (Mr. SCHWARTZ) each will control 20 min- teur racing event in the world. There DENT) has explained, constructing utes. may be a dispute on that from time to these vehicles brings together families, The Chair recognizes the gentleman time, but it is a wonderful opportunity brings out the creative instincts of from Pennsylvania (Mr. DENT). for our children from the District of young people, gives them an oppor- Mr. DENT. Madam Speaker, I yield Columbia, Maryland and Virginia to tunity to innovate and to produce a myself such time as I may consume. venture into the world of engineering product in which they have ownership House Concurrent Resolution 135 au- while experiencing the spirit of com- and which takes a great deal of time thorizes the use of the Capitol Grounds petition. and which brings families together. for the 20th annual District of Colum- Therefore, Madam Speaker, I urge all Supporting the annual soap box derby, bia Special Olympics Law Enforcement my colleagues to join with me and the we are doing something truly construc- Torch Run to take place on June 10, other original cosponsors, the gen- tive for families, for the Nation’s cap- 2005. The Special Olympics is an inter- tleman from Virginia (Mr. WOLF), the ital young people and for young people national organization dedicated to gentleman from Virginia (Mr. MORAN), across America. using athletics to impact the lives of the gentlewoman from the District of Ms. SCHWARTZ of Pennsylvania. children and adults with intellectual Columbia (Ms. NORTON), the gentleman Madam Speaker, I have no further re- disabilities. Funds raised through from Maryland (Mr. WYNN) and the quests for time, and I yield back the projects like the Law Enforcement gentleman from Maryland (Mr. VAN balance of my time. Torch Run make it possible for ath- HOLLEN) in supporting this resolution. Mr. DENT. Madam Speaker, I yield letes with disabilities to train and Again, I thank the gentlewoman from back the balance of my time. compete year round. Pennsylvania for her leadership in as- The SPEAKER pro tempore. The The Special Olympics offers some- suring that this bill gets to the floor in question is on the motion offered by thing that is seldom offered to these a timely fashion so that we will be the gentleman from Pennsylvania (Mr. individuals. It creates an environment ready for June 18. DENT) that the House suspend the rules where persons with disabilities are

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.027 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3077 fully accepted, encouraged and empow- Ms. SCHWARTZ of Pennsylvania. Ms. SCHWARTZ of Pennsylvania. ered. Through training and competi- Madam Speaker, I yield such time as Madam Speaker, I yield back the bal- tion, Special Olympics athletes grow he may consume to the gentleman ance of my time. mentally and physically, improving from Minnesota (Mr. OBERSTAR), rank- Mr. DENT. Madam Speaker, I yield their physical fitness and motor skills ing member on the Committee on back the balance of my time. and ultimately gaining greater self- Transportation and Infrastructure. The SPEAKER pro tempore (Mrs. confidence. With more than 85,000 law (Mr. OBERSTAR asked and was given CAPITO). The question is on the motion enforcement officers carrying the permission to revise and extend his re- offered by the gentleman from Penn- flame across 35 nations, the 2004 Spe- marks.) sylvania (Mr. DENT) that the House cial Olympics Law Enforcement Torch Mr. OBERSTAR. Madam Speaker, I suspend the rules and agree to the con- Run raised more than $20.5 million. thank the gentlewoman for yielding me current resolution, H. Con. Res. 135. This event has historically been the this time and, again, the committee for The question was taken; and (two- largest and most successful Special bringing this concurrent resolution to thirds having voted in favor thereof) Olympics grassroots fundraiser and the House floor, as is our annual re- the rules were suspended and the con- awareness vehicle, and with the au- sponsibility, to authorize the use of the current resolution was agreed to. A motion to reconsider was laid on thorization of House Concurrent Reso- Capitol grounds for the Special Olym- the table. lution 135, we will ensure its continued pic Law Enforcement Torch Run. success. The gentlewoman and the gentleman f The sponsors of the event will work from Pennsylvania (Mr. DENT), rep- AUTHORIZING USE OF CAPITOL with the Architect of the Capitol and resenting the majority, have well ex- GROUNDS FOR NATIONAL PEACE the United States Capitol Police to plained the purpose of the Special OFFICERS’ MEMORIAL SERVICE comply with all the applicable regula- Olympics and the Torch Run. But I just Mr. DENT. Madam Speaker, I move tions relating to the use of the Capitol want to take a moment to pay tribute Grounds and will assume responsibility to suspend the rules and agree to the to Sarge Shriver, who for so many concurrent resolution (H. Con. Res. 136) for all expenses and liabilities related years has been the inspiration behind, to the event. authorizing the use of the Capitol and the organizational force of, the Grounds for the National Peace Offi- b 1530 Special Olympics. It really has become cers’ Memorial Service. I encourage my colleagues to join the synonymous with Sarge Shriver. This The Clerk read as follows: law enforcement community in sup- event, which has become so widely ad- H. CON. RES. 136 porting the Special Olympics and join mired, so greatly appreciated, has just Resolved by the House of Representatives (the me in supporting this resolution. made an enormous difference for Senate concurring), Madam Speaker, I reserve the bal- young, middle-aged and older mentally SECTION 1. USE OF CAPITOL GROUNDS FOR NA- ance of my time. disabled persons, reinforcing their self- TIONAL PEACE OFFICERS’ MEMO- confidence, building self-esteem, and RIAL SERVICE. Ms. SCHWARTZ of Pennsylvania. (a) IN GENERAL.—The Grand Lodge of the Madam Speaker, I yield myself such improving the quality of their health as they prepare for and participate in Fraternal Order of Police and its auxiliary time as I may consume. (in this resolution referred to as the ‘‘spon- Madam Speaker, this event needs lit- the Special Olympics. sor’’) shall be permitted to sponsor a public tle introduction. 2005 marks the 38th From time to time on Sunday I see event, the 24th annual National Peace Offi- anniversary of the District Special Sarge Shriver at our Lady of Mercy cers’ Memorial Service (in this resolution re- Olympics. The torch relay event is a Parish where I participate in mass ferred to as the ‘‘event’’), on the Capitol traditional part of the opening cere- when I am in the Washington Area. It Grounds, in order to honor the law enforcement officers who died in the line of duty monies for the Special Olympics, which just pains me as I see Sarge Shriver overcome by the mental ravages of Alz- during 2004. will take place at Gallaudet University (b) DATE OF EVENT.—The event shall be in the District of Columbia. This event heimer’s. Even with this dreadful dis- held on May 15, 2005, or on such other date as has become a highlight on Capitol Hill ease he certainly functions well, and the Speaker of the House of Representatives and is an integral part of the Special his body is strong, and his mind is and the Committee on Rules and Adminis- Olympics. clear. But one can see the ravages of tration of the Senate jointly designate. In the early 1960s, Eunice Kennedy this dreaded ailment. And for one who SEC. 2. TERMS AND CONDITIONS. Shriver started a day camp for people has given so much to so many people (a) IN GENERAL.—Under conditions to be prescribed by the Architect of the Capitol with mental retardation, and the Spe- for so many years, it just brings home to me every time I see him this enor- and the Capitol Police Board, the event shall cial Olympics were born. The games be— help mentally challenged individuals mous contribution that he has made so (1) free of admission charge and open to the gain confidence and self-esteem selflessly over the many years. public; and through friendly competition in a sup- Eunice Shriver, who took over the (2) arranged not to interfere with the needs portive environment. Kennedy family initiative on behalf of of Congress. Today, more than 1 million children the mentally disabled, played a strong, (b) EXPENSES AND LIABILITIES.—The spon- and adults with special needs partici- forceful role in my hometown with the sor shall assume full responsibility for all publisher of our hometown newspaper, expenses and liabilities incident to all activi- pate in the Special Olympics programs ties associated with the event. Veda Ponikvar, in building and com- worldwide. Here in our Nation’s cap- SEC. 3. EVENT PREPARATIONS. ital, approximately 2,500 Special Olym- missioning the Range Center for the Subject to the approval of the Architect of pians compete in dozens of events each mentally retarded, bringing people who the Capitol, the sponsor is authorized to year, and they are cheered on by their have been neglected, held in homes, erect upon the Capitol Grounds such stage, family members and friends. This in- shut away in closets and downstairs sound amplification devices, and other re- spirational event is due in large part to rooms and attics and bringing them lated structures and equipment, as may be the efforts of thousands of volunteers out into the world and giving them an required for the event. from the greater Washington, D.C. opportunity for self-esteem, for self- SEC. 4. ENFORCEMENT OF RESTRICTIONS. area. And these individuals deserve our confidence, to learn skills, to be pro- The Capitol Police Board shall provide for ductive members of our community. enforcement of the restrictions contained in thanks and our assistance. section 5104(c) of title 40, United States Code, I enthusiastically support this reso- And so across the country, those who concerning sales, advertisements, displays, lution and the very worthwhile endeav- have been helped by the Shriver family and solicitations on the Capitol Grounds, as or of the Special Olympics. I urge sup- and the Kennedy inspiration for the well as other restrictions applicable to the port for House Concurrent Resolution programs to support those with mental Capitol Grounds, in connection with the 135. disabilities, the Special Olympics event. Madam Speaker, I reserve the bal- stands out as the premier activity na- The SPEAKER pro tempore. Pursu- ance of my time. tionwide to give respect, recognition, ant to the rule, the gentleman from Mr. DENT. Madam Speaker, I reserve full membership in society to those not Pennsylvania (Mr. DENT) and the gen- the balance of my time. so fortunate as the rest of us. tlewoman from Pennsylvania (Ms.

VerDate jul 14 2003 05:15 May 11, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.030 H10PT1 H3078 CONGRESSIONAL RECORD — HOUSE May 10, 2005 SCHWARTZ) each will control 20 min- On average, one officer is killed in Office Police, this year’s observance has addi- utes. this country every other day, and ap- tional significance for me. On this occasion, I The Chair recognizes the gentleman proximately 23,000 are injured every rise to offer the tribute of the Californians I from Pennsylvania (Mr. DENT). year. And thousands more are as- have the honor to represent, and my Commit- Mr. DENT. Madam Speaker, I yield saulted while on duty. In 2004, seven tee’s, as well as my own. myself such time as I may consume. law enforcement officers from the The need for such a memorial day arose in Madam Speaker, House Concurrent State of Pennsylvania were killed in the earliest days of our republic. Since Amer- Resolution 136 authorizes the use of the the line of duty. ica’s first line-of-duty death was recorded in Capitol grounds for the annual Na- In the early morning hours of March 1792, more than 16,500 men and women tional Peace Officers’ Memorial Serv- 19, Philadelphia City Pretrial Warrant have fallen, including three Capitol Police offi- ice to take place on May 15, 2005. The Supervisor Joseph LeClaire was shot cers, one in 1984, and two in 1998. Nation- Grand Lodge of the Fraternal Order of and killed while serving an arrest war- wide, 153 officers died in the line of duty last Police and its auxiliary are the spon- rant in West Germantown to a man year, 13 of them in California, according to the sors wishing to honor some of Amer- who had failed to appear in court dur- National Law Enforcement Officers Memorial ica’s bravest men and women. The me- ing two trials, one for a drug charge, Fund. Thus, in 2004, somewhere in the United morial service will honor the 154 Fed- the second for a rape case. Officers Vin- States a law-enforcement officer fell in the line eral, State, and local law enforcement cent Disandra and Carlo Delborrello of duty ever 57 hours. officers who made the ultimate sac- were also shot and wounded during the I wish it were not so, Madam Speaker. We rifice while protecting their commu- encounter. all wish it were not so. But at least 35 have nities in 2004. Shortly after 11 a.m. on March 31 in already fallen in 2005, and still others will fol- I would especially like to recognize Bradford County, Deputy Sheriffs low. If anyone among us could do anything to the seven peace officers killed in the Christopher Burgert, who was 30, and prevent even one more law-enforcement offi- line of duty in 2004 from my home Michael Vankuren, 36, were shot and cer’s death, we would surely do it. I certainly State of Pennsylvania. hope that this Congress, every state legisla- This is the 24th time that this event killed while trying to serve two warrants to a man living in Wells Town- ture, and every other policymaking body will has been held on the grounds of the do everything possible to prevent more such Capitol. This memorial service is part ship. In the early morning of April 20, Ser- deaths. of National Police Week, which was Madam Speaker, as we pause on this created by law in 1962; and this year be- geant James Miller, a 28-year veteran of the Upper Dublin Police Depart- year’s National Peace Officers’ Memorial Day gins today and continues until May 15. to reflect upon the sacrifices made by the val- Police Week draws officers, their ment, died when his police vehicle rolled over during an accident. iant men and women of law enforcement who families, and the survivors of fallen of- have given their lives for our communities, let ficers from around the country and in- And Police Chief Douglas Shertzer, a 23-year veteran of his department, was us resolve to cherish their memory on May 15 cludes such events as the Blue Mass at and every day. Let us also honor the brave St. Patrick’s Catholic Church, a can- killed in a motorcycle accident on the morning of May 11 while en route to men and women now working across this land dlelight vigil at the National Law En- who may, at any moment of any shift, give forcement Memorial, and a police begin his patrol. Patrolman Michael Wise II of Read- their lives to make us safe. Let us resolve to unity tour featuring officers and his- show them our respect and gratitude every toric vehicles. ing City Police Department was shot in the line of duty on the night of June 5 day of the year. I urge all Members to vote for This event begins at noon on Sunday the resolution. and, following the ceremony on the while searching for a murder suspect. And, finally, Elk Lick Township Po- Mr. OBERSTAR. Madam Speaker, I rise in Capitol grounds, will continue with a support of H. Con. Res. 136, to authorize use lice Chief Sheridan Caton, 60, was procession to the Law Enforcement of the Capitol Grounds for the National Peace killed in a head-on collision while re- Memorial followed by a wreath-laying Officers’ Memorial Service on May 15, 2005. ceremony. sponding to a request for a backup In October 1962, President Kennedy pro- I encourage my colleagues to attend from a neighboring police department. claimed May 15th as National Peace Officers’ this much-deserved memorial service The driver of the second vehicle was Memorial Day. Each year on this date we, as to honor those who are on the front charged with driving while under the a Nation, have an opportunity to honor the de- lines, protecting the communities we influence. votion with which peace officers perform their These public servants are sorely live in, and work to serve. daily task of protecting our families, co-work- missed; and they deserve our deepest Madam Speaker, I reserve the bal- ers, friends, and each of us. The 2005 event respect, and their families have our ance of my time. marks the 24th anniversary of the Capitol Hill most sincere sympathies. Ms. SCHWARTZ of Pennsylvania. event. In the post September 11th environ- In October, 1962, President Kennedy Madam Speaker, I yield myself such ment, the work of selfless police and firemen declared May 15 as National Peace Offi- time as I may consume. has become our model of courage and moral Madam Speaker, House Concurrent cers’ Memorial Day so that we could strength. Resolution 136 authorizes the use of the come together to honor the service and There are approximately 700,000 sworn law Capitol grounds for the 24th annual Na- sacrifice of our Nation’s law enforce- enforcement officers serving the American tional Peace Officers’ Memorial Serv- ment officers. This year’s ceremony is public today. Officers work for states, counties, ice, a most solemn and respectful pub- the 24th anniversary of this memorial U.S. territories, federal enforcement, military lic event honoring our Nation’s brave service. Consistent with all Capitol police, and corrections departments. Ten per- civil servants. The event, scheduled for Hill events, the memorial service will cent of law enforcement officers are women. May 15, will be coordinated by the Of- be free and open to the public. During 2004, 153 peace officers were killed fice of the Architect of the Capitol and I support the resolution and urge my in the line of duty; of those killed, nine were the Capitol Hill Police. colleagues to join me in supporting women. The average age of those killed in the This is a fitting tribute to the Fed- this tribute to our fallen police officers line of duty was 37 years. eral, State, and local police officers and peace officers. It is most fitting and proper to honor the who gave their lives while protecting Ms. MILLENDER-MCDONALD. Madam lives, sacrifices, and public service of these our families, our homes, and our places Speaker, I join my colleagues in support of the brave men and women. I urge support for H. of work. This year, 153 names will be concurrent resolution. On May 15, 2005, Con. Res. 136. added to the memorial wall, including America will observe National Peace Officers’ Ms. SCHWARTZ of Pennsylvania. nine women who were killed in the line Memorial Day and hold the National Memorial Madam Speaker, I have no further re- of duty. These fallen heroes served an Service. We commemorate this day each year quests for time, and I yield back the average of 12 years in law enforcement, to honor the heroes of law enforcement who balance of my time. with some serving as many as 40 years. have lost their lives in the line of duty. As the Mr. DENT. Madam Speaker, I have Others, like one 20-year-old officer, had Ranking Democrat on the Committee on no further requests for time, and I only just begun what he had hoped House Administration, which has jurisdiction yield back the balance of my time. would be years of service to his com- over the U.S. Capitol Police, the Library of The SPEAKER pro tempore. The munity. Congress Police, and the Government Printing question is on the motion offered by

VerDate jul 14 2003 05:15 May 11, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.033 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3079 the gentleman from Pennsylvania (Mr. know that in this Congress we have had ecuted under the bill to go to the Fed- DENT) that the House suspend the rules our differences of opinion as it relates eral District Court and seek a waiver and agree to the concurrent resolution, to the question of choice, the ninth to the State’s parental notice laws. Re- H. Con. Res. 136. 7 amendment, the right to privacy, and, member I started out, Mr. Speaker, by The question was taken; and (two- in this instance, the question of paren- saying State parental notice laws are thirds having voted in favor thereof) tal consent. varying around the Nation. It was ulti- the rules were suspended and the con- It is interesting to note that those of mately written to suggest that that current resolution was agreed to. us who may side on the position of particular gentleman from New York A motion to reconsider was laid on choice and the right to privacy recog- had an amendment that would have the table. nize the intensity and the questions created an additional layer of Federal Court review that could be used by sex- f being raised about children who are put in harm’s way, whether or not that ual predators to escape conviction GENERAL LEAVE means that a child without counsel, be- under the bill. It suggested that that Mr. DENT. Madam Speaker, I ask cause of some tragedy in her life, has roll call, that particular amendment, unanimous consent that all Members to seek an abortion. was defeated 11 to 16. may have 5 legislative days within The vigorousness of the debate cen- Subsequently, there was another amendment by the gentleman from which to revise and extend their re- tered around the idea of the enormous New York to exempt a grandparent or marks and include extraneous material range of differences of opinion ex- adult sibling from the criminal and on House Concurrent Resolution 86, pressed by different States. I think civil provisions in the bill, again, sim- House Concurrent Resolution 135, and they are equally divided, 23, 22, 27, ply stated as plain as can be. And, by House Concurrent Resolution 136, the some States having no provisions for the way, Mr. Speaker, though I am not matters just considered by the House. parental consent as it relates to a child intending to challenge legislation that The SPEAKER pro tempore. Is there securing an abortion, some States hav- has already been passed on the floor of ing a very complicated process with ju- objection to the request of the gen- the House, albeit I disagree with it vig- dicial review, and some States having a tleman from Pennsylvania? orously in terms of the restraints it medium process. There was no objection. puts on the interaction between a child The debate in the Committee on the f and confidante, a trusted adult who Judiciary by members on my side of can help steer them in the right direc- RECESS the aisle really centered and focused on tion, let me just suggest this was a the structure of the legislation that The SPEAKER pro tempore. Pursu- constructive amendment because it seemingly would close the door shut on ant to clause 12(a) of rule I, the Chair was to give the child an ability to con- declares the House in recess until ap- a child that would seek counsel beyond sult with someone that may be out of proximately 5:30 p.m. today. the parent in this very troubling time the pipeline and be out of the child’s Accordingly (at 3 o’clock and 44 min- in their life. It also sought to clarify distress area, meaning we have never utes p.m.), the House stood in recess whether an innocent bystander who looked at the point that possibly the until approximately 5:30 p.m. could provide a mode of transportation parent could be the predator or could f might, in fact, be held criminally liable be engaged in incest. All of these are under this particular law. So there terrible things to discuss, but in a re- b 1740 were a number of amendments being sponsible debate, these were the con- AFTER RECESS offered that would hopefully clarify siderations why these amendments this very difficult question. were authored. The recess having expired, the House Mr. Speaker, this is a time when pas- was called to order by the Speaker pro Ultimately, that amendment to allow sions rise high, temperatures rise high a grandparent or sibling to confide or tempore (Mr. BOOZMAN) at 5 o’clock as well. As I said, there is a vigorous and 40 minutes p.m. that child to confide in that particular disagreement about this question of adult or that particular sibling, adult f abortion and even more vigorous when sibling, it was described by the gentle- PERSONAL PRIVILEGE it involves a child who is under the age man’s amendment, was described as of majority. Ms. JACKSON-LEE of Texas. Mr. having exempted sexual predators from prosecution under the bill and sug- Speaker, I rise to a question of per- b 1745 gested that it was defeated in a roll sonal privilege. So there were a number of amend- call vote. The SPEAKER pro tempore. On the ments offered by my colleagues, one of- Subsequently, the gentleman from basis of House Report 109–51 and cer- fered that, in particular the description Virginia offered an amendment to pro- tain media coverage thereof, the gen- of the amendment simply offered by tect innocent bystanders who might tlewoman may rise to a question of the gentleman from New York (Mr. have someone take their mode of trans- personal privilege under rule IX. NADLER), allowed an adult who could portation, a taxicab, a bus or other The gentlewoman from Texas (Ms. be prosecuted under the bill go to a mode of transportation, not knowing JACKSON-LEE) is recognized for 1 hour. Federal court and seek a waiver to the who they are carrying, and ultimately Ms. JACKSON-LEE of Texas. Mr. State’s parental notice laws if this caught up in the legislation and be Speaker, I yield myself such time as I remedy was not available. prosecuted. So this was to exempt in- may consume. Subsequently, there was a House Re- nocent bus drivers, taxicab drivers and I rise today, Mr. Speaker, because I port, 109–51, and in that report, a series others who would be transporting indi- believe in the integrity of this House, of amendments were described in par- viduals, and, again, the amendment the specialness of this House, and the ticular to give license to sexual preda- was described as exempting sexual specialness of my colleagues. tors. May I repeat that again, Mr. predators. I also believe that this time that I Speaker, to give license to sexual pred- A subsequent amendment that lim- will have to share with my colleagues ators. ited liability to the person committing and to share with the American people I started out by saying, and I do in- the offense in the first degree was ulti- is a moment for us to be able to move tend to follow that charge that I have mately described and suggested that it forward and not to recount or to go made, that this is an effort to go for- would aid and abet criminals. back over a pathway that is not pro- ward, to be able to highlight a mistake, Then an amendment that I offered, ductive. an indiscretion, a pathway that hope- the amendment was to exempt clergy, A few weeks ago we were discussing fully we will not return to and allow us godparents, aunts, uncles or first cous- legislation that of its very name is ex- to heal on our own, if you will, but also ins from the penalties in the bill, again tremely controversial. In the course of to cite that this is not the way to run to give a young woman a greater lati- that legislation, H.R. 748, the Child the People’s House. tude of who to seek comfort and coun- Interstate Abortion Notification Act, That amendment simply stated that sel from, and ultimately, that amend- CIANA, the debate was vigorous; and I it allowed an adult who could be pros- ment was described, ‘‘Ms. JACKSON-LEE

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.034 H10PT1 H3080 CONGRESSIONAL RECORD — HOUSE May 10, 2005 offered an amendment that would have bies killed just in the last 24 hours; lit- Might I say as an aside, Mr. Speaker, exempted sexual predators from pros- tle precious Danielle having been de- you realize that the House reports and ecution under the bill if they were cler- termined and identified decapitated a my colleagues realize the House re- gy, godparents, aunts, uncles or first couple of years ago; as cochair of the ports are used in history. They are cousins of a minor.’’ Congressional Children’s Caucus, we used by historians and political sci- Then, Mr. Speaker, though I had two were briefed by Alonzo Washington on entists, students, researchers of all separate amendments, one a GAO that tragic case; the cases in Florida, kinds, policymakers. They are used to study that would have determined the cases in Texas. tell the story of America. That is why whether this particular legislation was No one wants to promote the extend- we rise to the floor of the House and necessary and whether or not the con- ing of any criminal exemptions for the raise our voices and consent and dis- fusion of the States with different likes of those who prey on our children. sent. That is why we pay tribute to bases of determining parental consent, Nowhere in this GAO study would that Americans on this floor. That is why, whether or not that created an added say that. And might I say that the war each morning, we say the Pledge of Al- problem, the description in House Re- against sexual predators and child legiance, and the chaplain or one who port 109–51 just lumped them all to- predators and child sexual predators is has been so designated offers a word of gether, which reads, ‘‘that would re- a bipartisan war. It is not a frivolous prayer. It is for all of America to require a study by the Government Ac- desire of any of us to stand up against flect and read. It is a document that counting Office.’’ those heinous actors that will go leaves a legacy that 2 days from now or So, in essence, Mr. Speaker, my against our children. I would not in the 5 weeks or 1 year or 10 years from now amendment was described as exempt- least be hesitant to stand alongside of cannot be changed. ing clergy, godparents, aunts, uncles or any Member in this body and know full So, to ask the question why, or to first cousins of a minor and suggesting well of their undying commitment to suggest to my colleagues that I only that I was exempting sexual predators. weed out, ferret out, prosecute and in- stand here today to remind you that if And then, adding insult to injury, if I carcerate those individuals with the we can find any sense of unity in this might use a phrase, that I then wanted most evil intent to do harm to our chil- very fractured Nation and divided a GAO study. Completely wrong. Com- dren. House and Senate, I would simply ask plete misconstruing of the amendment That is why a number of Members that it be adhering to the rules of this and of the intent. took to the floor of the House to ex- body and the simple reporting of the So we had a vote last week that ulti- press such outrage; not because we do work we do here every day. mately wound up correcting the lan- not accept the fact that there could be The reason why, again, I would cite guage in some form. It did not, how- mistakes. There are politics in this this as an important request and one ever, distinguish that I had two amend- House, games that are played at all that I hope the correction of last week ments and did not ask for a study of times. There is vigorous debate on the will not be simply the correction of sexual predators who happened to be question of choice, parental consent. that time, but it will be embedded that godparents, clergy, aunts, uncles or But it was the very fact that some- we try and work not to do it again, is first cousins. thing so sacred, our children, could fall because when we get on this floor, Mr. First of all, might I say in the pros- victim to such a divide. Speaker, and there are words that are ecution of this particular entity, I do As we went to the Committee on not befitting or becoming of the de- not believe that any prosecutor worth Rules we would hope it would have bate, albeit the Member did not intend his or her salt would allow this legisla- been cleared up through that matter. any wrongdoing or missteps, but be- tion to exempt an individual who hap- Let me also just cite the other Jack- cause someone else found those words pened to be a relative who happened to son-Lee amendment that was plain and to be inappropriate, we have a proce- be a sexual predator. There is no basis simple, the prohibitions of this section dure called to take the words down. in the bill. And if that was the case, do not apply with respect to conduct Why do we do that? We do that to protect the integrity of this record. then it means that the parents, the by clergy, godparents, aunts, uncles or very underlying crux of the bill, paren- first cousins, simply to say that they b 1800 tal consent, it means that the bill also could stand in place, for example, if And I think that is the right thing to protects parents that are sexual preda- there was some Achilles heel, some do. In the furor of debate, sometimes tors if you follow that line of rea- failure in the parental structure, that we step beyond the pale. We are com- soning. this child needed to go outside of the mitted, we are passionate, we believe So, Mr. Speaker, this is an attempt family home. A simple process; no in what we are standing for, and we are to have us go forward and not back- more, no less. Americans. We stand in debate with wards. The amendments were very So, we had hoped that there would our eyes on the Flag of the United clear on their face. The amendments have been some solution to this in the States and the words ‘‘In God We stood alone: ‘‘The General Accounting Committee on Rules. As I indicated, Trust.’’ This Nation’s underpinnings Office shall conduct a study detailing this report was filed Thursday, April allow us to do so. But when sometimes the impact of the number of unsafe and 21, and the accompanying report was in the heat of debate words flare, we illegal abortions performed on minors 109–51. are allowed, and some will ask, that who would be affected by this law.’’ The point that should be part of the the words be taken down. And in the You see, Mr. Speaker, I have lived rules of this House that I hope that we course of the debate and the vote oc- through a time when women went to will as we go forward make really part curs, there is a procedure to address back alleys, and a coat hanger was a of our institutional fabric is that that issue. That means that we care medical device. So I thought it was ap- House reports from now on or from last about the integrity of this process and propriate that if we were going to pass Thursday on should describe recorded the written word that will then be a legislative initiative that we thought votes with objective, non-argumen- there for thousands and thousands and would help secure young lives, then we tative captions. millions and millions and years and needed to have a study that would de- The Committee on the Judiciary ma- years to be reviewed. We are owed that termine whether or not it was in fact jority cannot do that in House Report kind of respect. securing them or endangering them. 109–51 by captioning the five amend- So this statement today should not And the idea, of course, was to suggest ments that I mentioned with remarks be considered an effort to recount or that we needed to find out more about that would suggest that we are har- repeat. It is, hopefully, an effort in a the impact of this legislation. boring, that we are kowtowing, playing moment, of evenhandedness, to suggest This ultimately got construed, I do to sexual predators. that this kind of mischaracterization not know how, as a GAO study of sex- The opportunity that was given, Mr. not take place anymore in the commit- ual predators. This is not a nice word Speaker, to address this question in tees of the House, the final reporting, to say on the floor of the House, be- the Committee on Rules was troubling, and/or the Committee on Rules, and cause as we have seen the rash of at- because questions were posed as to why that we strictly stick to the concise- tacks on our children, two young ba- such language was utilized. ness and integrity of the process which

VerDate jul 14 2003 04:37 May 11, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.039 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3081 is a nonargumentative, objective re- mittee on Rules is to stand by it, or The minority, however, felt passion porting of the work of an individual they stood by those amendments as about the amendments and, in fact, be- Member. they were described. It appeared as lieves that they were right; and I per- And certainly, Mr. Speaker, words stated by the ranking member that the sonally believe that two amendments, such as ‘‘predator’’ and ‘‘sexual pred- representations being made in the one to do a study of the negative im- ator’’ and ‘‘child predator,’’ to be Committee on Rules is that one, the pact of this legislation, if it might thrown in the direction of Members majority stood by it; and, two, that the occur, or what dangerous procedures who leave their homes and their juris- alterations to our amendments were might occur of this legislation, where dictions every day in the backdrop of deliberate. When asked again why such would a child seek to go because they some heinous criminal act, maybe af- an out-of-the-ordinary approach was were fearful of getting parental con- fecting their own constituents, maybe taken, the majority responded and sug- sent, that was a sincere amendment to some child law. gested that it was the tone of the de- get important facts. And giving a child Because as I was driving on the free- bate that caused such to be done. Be- the opportunity to talk to godparents way yesterday in Texas, because of the cause we oppose the legislation, the or aunts and uncles or cousins, clergy AMBER Alert that all of the Members ‘‘got-you’’ game was being played. or grandparents was not sinister; it was of this House were willing to support, Mr. Speaker, that is why I rise today, simply to protect lives. there unfortunately was a highlight of because I would like to have today, So I would hope that that would be another kidnapped child from New May 10, 2005, really be the last, last day where we would divide on our beliefs, Mexico, possibly on the run into Texas, that we would entertain such actions. our reasons for the legislation; not on No matter how vigorous the debate in not knowing whether there was an how we talked about a bill. For there opposition, how be it that we would issue of sexual predator or child pred- have been many legislative initiatives step away from the integrity of this ator. It was a kidnapped child, a child that have had vigorous talk, and Mem- House, the respect for the three that was vulnerable. bers have agreed and disagreed about branches of government and do as was So it is not something that I person- the vigorous talk. But the only criteria done. The exact quote, as I understand, ally take lightly, and I would just sug- for prevailing or not prevailing is that and I repeat it here, the majority of- gest that the gentleman from New vote, not a characterization by some- fered to say, ‘‘You don’t like what we York and the gentleman from Virginia one else that you are the leader of ex- who raised their voices, I would think wrote about your amendments, and we don’t like what you said about the empting sexual predators. Saying it that their integrity also is well-known, over and over again, of course, may and that to associate their work with bill.’’ Mr. Speaker, that can take us all cause some to cringe, and it is not my that definition is one that is enor- over the map. That is why we are in intent, Mr. Speaker, but I think clari- mously frightening. fication is very important. This clarification is used as well this place. That is why a President of the United States can stand with the And in the course of the battle of when you can find that the entity or Georgian people and talk about democ- that particular legislation, you can be the act or the actions have subjected racy and hold his head up high, because assured as it was being debated, if the you to public ridicule. Well, a story is we are allowed to stand on the floor glimpses of the words that were gotten a story, Mr. Speaker, and this was and vigorously disagree in a manner were only that it was something to do written about. So that will not be able where we will not be punished. with sexual predators, that just mud- to be taken down. There will be arti- So I would ask as we go forward that dies the water of the good intentions cles that would suggest that amend- this kind of tone, this kind of approach that you might be having and the in- ments by the named persons exempted not be utilized. I do not know what you tent of what you wrote in that amend- sexual predators. We cannot go back to would call it, but I certainly know that ment. that. We cannot pull that down. That is it has no place here. It would almost be like those who are in the annals of news that will be able So the resolution that was offered abhorring drug cartels and drug deal- to be researched. and debated on asked for a number of ers, that if they were to have an So, frankly, I thought it was enor- actions. I think now I should applaud amendment dealing with a GAO study, mously important that this misdeed be one of the actions. In the emergency determining the extent of drug cartels’ called again to the attention of my col- supplemental in the rules that were influence in the United States or the leagues. Why? Because I hope going passed last week, the opportunity was growth of drug cartels between 1990 and forward we will not do it again. taken to clarify the amendments. I am 2005, and all of a sudden it was charac- Allow me to quote from the ranking not sure whether or not any formal terized as an amendment for the GAO member of the Committee on Rules apology was made; but I imagine, Mr. to promote drug dealership and drug who said that it was not indicated how Speaker, that when the record is cor- cartels, you would not want to hear this was brought to our attention. The rected, we have received a response that on the floor; but it certainly Committee on Rules discovered yester- that addresses the historical record of would be the complete opposite of your day that the Committee on the Judici- this body. So it serves no purpose to intent, and it would have ary report on this very bill, which was ask for an apology today. I do think we mischaracterized the debate where you authored by the majority staff, con- were a little bit off our mark, and I were standing and trying to determine tained amendment summaries which would hope that having not asked for whether some legislation promoted had been rewritten by committee staff an apology and having not received it drug cartels more so than broke them for the sole purpose of distorting the and seeking only the straightforward up. original intent of the authors. So, in clarification, that will be the approach The Constitution allows us the op- essence, no one contacted our offices to that we will take. One, that we will be portunity for three branches of govern- be able to determine whether or not we allowed to debate in this body, whether ment, and I think that this country is actually intended that exemption, it be in committee or on the floor, and unique because of it, very unique. In its meaning as the report was being writ- vigorously disagree, and that in that uniqueness, we have checks and bal- ten. If it had not been for the staff of disagreement, there will be no punish- ances. The checks and balances do not the Committee on Rules, we would not ment. purge into the inner workings of each have had the opportunity to clear the The only factor that we should have body. So we are the holder of our own air. as the test of whether we are right or records. And it leaves little room some- I do want to pay tribute to the Com- wrong or whether or not we prevail is times in another body to go and committee on Rules in this instance, Re- that vote. And, in many instances, the plain about the workings of one spe- publicans and Democrats, who listened majority, now in control of the House, cific body, particularly the words that to our protest, if you will. And frankly, the Senate, the Supreme Court, the ex- are spoken. Mr. Speaker, I had hoped and thought ecutive, by one party, prevails. In the that that matter could be resolved instance of the Committee on the Judi- b 1815 there in the Committee on Rules. The ciary, in this occasion on these amend- And so there are no other grounds or response of the majority of the Com- ments, the majority prevailed. no other opportunities to clear the air

VerDate jul 14 2003 03:51 May 11, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.041 H10PT1 H3082 CONGRESSIONAL RECORD — HOUSE May 10, 2005 other than to seek this personal privi- But one thing is right as well, Mr. number of unsafe and illegal abortions per- lege. Mr. Speaker, I hope that in the Speaker, is that although all is not formed on minors who would be affected by course of this discussion, it was not said and done on the written word, it this law, and report to Congress the results rendered in anger or anguish. It was certainly is a parallel to our rights, be- of that study within 1 year of the enactment of this Act. simply rendered to say that what oc- cause we look to a written document curred deserved the greater attention for our rights. We look to the written Again, while I offered these amendments en of this body and that it was on the word. We look to the Madison papers to bloc, they were separate and distinct amend- brink of abuse, and the sadness is that determine our rights. And therefore, ments. The Supplemental Report, page 2 we had to rise to the floor more than the written word is extremely impor- states that: once before it was ultimately corrected tant. Ms. JACKSON LEE offered an amendment in the waning hours of last week’s leg- We have had our say on this, and I that would have exempted from the Act any clergy, godparents, aunts, uncles, or first islative session. Does that speak well hope that it has been a deliberate cousins, and would require a study by the of us? It does not. The Rules Com- statement. We will do work in the Ju- Government Accounting Office mittee is a place where we ferret out diciary Committee in the coming days (emphasis added). This combination of the rules. Our respective committees is a and weeks and months. We will have two distinct amendments give an inaccurate place where we vigorously oversee leg- many opportunities to vigorously dis- representation of the amendments that I of- islation and provide our input and in- agree. fered during Committee and therefore, mud- sight and our thought processes to do I might say, Mr. Speaker, we have dled the import of the very substantive what is right. I would venture to say had many opportunities to agree. And I amendment on which I joined my colleagues there has not been one committee expect that we will find common during our debate of the bill on the Floor on hearing and markup where some Mem- ground throughout the days and weeks April 27, 2005. ber promoted the criminal elements and months, Democrats and Repub- I would like to cite the insightful and saga- that would do harm to America. And if licans, around issues of importance to cious words of my colleague, the distinguished any thought came to the mind of a col- the Nation. But when we use this docu- ranking member of the Committee on Rules league that that was the intent of that ment to exercise our job and to debate on April 27, 2005 on this matter: Member, I would assure you that the vigorously and disagree, we should not There is no question that we can debate best approach of that particular col- be cited for what we have said about a and disagree over the impact the bill can league would be to query that Member have. We can argue over the impact the bill bill, or punished because we have said can have. We can argue over how well it has in that committee room. None of us something about a bill that others been written or what language it should in- were queried about the question of the would not agree with. clude to be more effective; but regardless of intent of our amendments, whether or Our final act will hopefully be one the way the debate turns out, the caption on not they had to do with predators, that is respectful of this House and of the top of that bill or amendment serves to child sexual predators, sexual preda- this place. To the Judiciary Committee instruct the American people as to what the tors. No one was queried. And there- Members as we gather on a daily basis, original intent of the legislation was. fore, the interpretation that was at- weekly basis, I believe they will all It serves as an unbiased reading on what the amendment aims to accomplish. To fal- tributed to us was purposeful. And here agree that we have the right to dis- sify and rewrite that description as a polit- on this floor, the same courtesy should agree and to debate vigorously in the ical attack is not only unprecedented; it is be extended. And if you are misunder- committee, in the Rules Committee fundamentally dishonest and an abuse of the stood, if you misspeak, from the integ- and on this floor. power given to the majority by the American rity again of this record that would be Again, Mr. Speaker, I close by saying people and their votes. for all to see, someone should query I hope never again, never again. As my colleague stated, the amendments you and give you the opportunity to Mr. Speaker, I rise to raise a point of per- ‘‘instruct the American people as to what the correct your words, or in the alter- sonal privilege under rule IX, clause 1 of the original intent . . . was.’’ It took a resolution of native, when the height of the debate is House Rules. This point, as did the point privilege introduced by the Ranking Member so furious there is a challenge by some- raised by my colleague on the Judiciary Com- JOHN CONYERS, a point of personal privilege, one at some point, that the words be mittee from New York, Mr. NADLER, relates to and a wealth of time and debate before the called out. the malreporting by the Republican Leadership Committee on Rules to move the leadership of There are a lot of papers here, Mr. of the Committee on the Judiciary with respect the Committee on Rules to even tender an ac- Speaker, because I am looking at this to H.R. 748, the Child Interstate Abortion Noti- tion to redress the problem. The lack of accu- debate that went on, and so I will not fication Act of 2005. racy in the supplemental report just under- add to some of the accusations that While I appreciate the efforts of the Chair- scores and reiterates the initial mal-intent to were made in the debate going back man of the Judiciary Committee for having commit a malfeasance. and forth. I am simply going to con- filed a supplemental report (part 2 of House Under rule IX, paragraph (1) of the House clude by asking, again, that it not ever Report 109–51), I must raise this point of per- Rules, Mr. NADLER justifiably asserted his be done again and asking that we re- sonal privilege nonetheless in order to empha- point because not only his but my ‘‘rights and spect the individual rights of Members size the fact that the accuracy and the veracity reputation’’ have been offended by the con- to defend and represent their constitu- of House committee reports carries tremen- duct of the Chairman in publishing House Re- ents and to offer vigorous debate, both dous weight and implications for the reputa- port 109–51. To reiterate, the language used consent and dissent, and as well the tion, professional record, and personal life of in pages 45–49 patently malreported and ma- right to vigorously disagree on a legis- Members of Congress. ligned the authors of amendments to H.R. lative initiative. If we can hold to Again, while the supplemental report to 748, the Child Interstate Abortion Notification those tenets and the idea of the Con- 109–51 makes some corrections to the mis- Act of 2005. stitution, which I hold very dear, takes made in Part 1, the report still contains On May 3, 2005, the ranking member of the which I will read briefly into the an inaccurate representation of the amend- Committee on the Judiciary led debate on his record, ‘‘the sacred rights of mankind’’, ments that I, Representative SHEILA JACKSON resolution of privilege, H. Res. 253 that con- a statement by Alexander Hamilton, LEE, offered in committee on April 13, 2005 in cerned the ways in which the act of the Chair- 1775, ‘‘are not to be rummaged for room 2141 of Rayburn. I offered two amend- man of the Judiciary Committee negatively af- among old parchments or musty ments en bloc that read as such: fected the ‘‘rights of the House collectively, its records. They are written as with a Amendment No. 1, designated as DL–005, safety, dignity, and the integrity of its pro- sunbeam on the whole volume of Page 3, after line 2, insert the following: ceedings.’’ ‘‘(3) The prohibitions of this section do not human nature by the hand of the divin- apply with respect to conduct by clergy, god- So too, was this resolution properly and jus- ity itself and can never be erased or ob- parents, aunts, uncles, or first cousins.’’ tifiably introduced because, in that case, the privileges of ‘‘dignity’’ and ‘‘the integrity of [the scured by mortal power.’’ Amendment No. 2, designated as DL–006, Of course, this is high language to House’s] proceedings’’ have been patently vio- Add at the end the following: talk about the rights bestowed upon lated. To purposefully misreport the good-faith SEC. 4. STUDY BY THE GENERAL ACCOUNTING mankind, humankind, that they are OFFICE. amendments that have been offered by Mem- not found in paper. And this quote is The General Accounting Office shall con- bers of this venerable House debases the na- correct. duct a study detailing the impact of the ture and trustworthiness of the House Report.

VerDate jul 14 2003 04:37 May 11, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 7634 Sfmt 9920 E:\CR\FM\K10MY7.043 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3083 After this debacle, Members will still have to For example, the tax cuts which passed Amendment description in House Report scan committee reports with a fine-toothed this last Congress do not include specific ex- 109–51: Roll Call No. 5. Ms. Jackson-Lee of- comb—not for substantive value, but for accu- ceptions for sexual predators. If the ‘‘Sensen- fered an amendment that would have ex- brenner standard were properly applied, it empted sexual predators from prosecution racy and veracity of their reporting value. This should be renamed the ‘‘Sexual Predator Tax under the bill if they were clergy, god- is the diminution of the dignity of the process. Relief Act’’. parents, aunts, uncles, or first cousins of a This is the diminution of the integrity of the Likewise, the Small Business Bill of minor, and would require a study by the Gov- House. Rights, which the House is considering ernment Accounting Office. By a roll call The American people must be made aware today, would be renamed the ‘‘Sexual Pred- vote of 13 yeas to 20 nays, the amendment that we, the authors of the amendments on ator Bill of Rights,’’ as there are, no doubt, was defeated. pages 45–49 of House Report 109–51 do not sexual predators who own small businesses Text of Rep. Slaughter’s Floor Speech: in America which are not specifically ex- ‘‘. . . but I want to talk for a minute about associate ourselves with the misreported por- cluded in this legislation. another abuse which has occurred in this tions thereof. ‘‘For Republicans to deem it their right to chamber, a personal affront to three of our House Report 109–51 not only improperly falsify and distort the work of other Mem- colleagues I have never witnessed in my near made negative inferences as to the import and bers of Congress is the height of arrogance twenty years serving in this House. intent of my amendments, and the supple- and another abuse of power,’’ states Con- The Rules Committee discovered yesterday mental report still combines two distinct and gresswoman Slaughter. She added ‘‘The Sen- that the Judiciary Committee Report on this separately-offered amendments into one. senbrenner Standard is a dishonest and of- very bill, which was authored by the Major- In terms of the personal privileges violated fensive Republican tactic that further dam- ity Staff, contained amendment summaries ages the waning credibility of this govern- which had been rewritten by committee staff by the report, the misreporting—and the ment. Mr. Sensenbrenner and the Republican for the sole purpose of distorting the original malreporting of the amendments offered by leadership of this body owe an apology to the intent of the authors. my colleagues Mr. SCOTT, Mr. NADLER, and Democratic Members of Congress whom they This Committee Report took liberty to me affected our rights, reputation and conduct. have maligned.’’ mischaracterize and even falsify the intent As founder and chair of the Congressional The following amendments were offered of several amendments offered in Committee Children’s Caucus, a report that cites an and voted down by recorded votes in the Ju- by Democratic Members of this body. diciary Committee markup of H.R. 748–The amendment offered by me that would exempt At least five amendments to this bill, Child Interstate Abortion Notification Act which were designed to protect the rights of sexual predators from liability is at the very (CIANA): family members and innocent bystanders least offensive. The following chart demonstrates how Ju- from prosecution under this bill, were re- My constituents and the constituents of my diciary Committee Republicans blatantly written as amendments designed to protect colleagues do read House Reports, and the mischaracterized these amendments in their sexual predators from prosecution and were nefarious language that the chairman avers as official committee report on the bill. This is then included in the committee report as if representative of his true intentions should be in a public document containing the legisla- that was the original intent of the authors. tive history of this bill: highlighted as contrary to the ideals on which The thing is, sexual predators were not Description of Amendment: (1) A Nadler mentioned anywhere in any of these amend- this House, this Government, and this Nation amendment allows an adult who could be ments. were established. prosecuted under the bill to go to a Federal These amendments were no more about [From the U.S. Fed News, Apr. 26, 2005] district court and seek a waiver to the sexual predators then they were about ter- HOUSE REPUBLICANS: ARROGANCE UNCHECKED state’s parental notice laws if this remedy is rorists or arsonists or any other criminal not available in the state court. (no 11–16) class in our society. These amendments were WASHINGTON, DC.—Rep. Louise M. Slaugh- Amendment description in House Report ter, D–NY (28th CD), issued the following about the rights of grandmothers and sib- 109–51: Roll Call No. 1. Mr. Nadler offered an lings and clergy and innocent bystanders. statement: amendment that would have created an addi- Rep. Louise M. Slaughter (D–NY–28), Rank- I asked the Chairman of the Judiciary tional layer of Federal court review that ing Member of the House Committee on Committee about this deception yesterday could be used by sexual predators to escape Rules, delivered the attached statement on afternoon at the Rules Committee hearing. conviction under the bill. By a roll call vote And instead of decrying what I certainly the House Floor this morning regarding the of 11 yeas to 16 nays, the amendment was de- expected would be revealed as a mistake by gross abuse of power by Chairman James feated. an overzealous staffer...The Chairman Sensenbrenner and the Majority on the Judi- Description of amendment: (2) A Nadler stood by those altered amendment descrip- ciary Committee this week. amendment to exempt a grandparent or Chairman Sensenbrenner and his staff re- tions. He made very clear to the Rules Com- adult sibling from the criminal and civil pro- mittee that the alterations to these mem- wrote the captions of five Democratic visions in the bill (no 12–19) Amendments to distort their meaning and bers’ amendments were deliberate. Amendment description in House Report When pressed as to why his committee intent in the Judiciary Committee Report on 109–51: Roll Call No.2. Mr. Nadler offered an staff took such an unprecedented action, the H.R. 748. The goal of the distortion was to amendment that would have exempted sex- Chairman immediately offered up his own clearly suggest that the amendments were ual predators from prosecution under the bill anger over the manner in which Democrats written to protect the rights of sexual preda- if they were grandparents or adult siblings of had chosen to debate and oppose this unfor- tors, which is absolutely false. a minor. By a roll call vote of 12 yeas to 19 tunate piece of legislation we have before us Rep. Slaughter stated during her floor nays, the amendment was defeated. today. speech, ‘‘. . . to falsely rewrite the intent of Description of amendment: (3) A Scott In fact . . . He said, and I quote . . . ‘‘You an amendment submitted by another mem- amendment to exempt cab drivers, bus driv- don’t like what we wrote about your amend- ber, to intentionally distort its description ers and others in the business transportation ments, and we don’t like what you said about as being designed to protect sexual preda- profession from the criminal provisions in our bill.’’ tors, is no different than accusing a fellow the bill (no 13–17) To falsely rewrite the intent of an amend- member of Congress as being apologists for Amendment description in House Report ment submitted by another member, to in- sexual predators themselves. That is in ef- 109–51: Roll Call No.3. Mr. Scott offered an tentionally distort its description as being fect what the Chairman of the Judiciary amendment that would have exempted sex- designed to protect sexual predators, is no Committee has done here . . .’’ ual predators from prosecution if they are different than accusing a fellow member of The ‘‘Sensenbrenner Standard’’ is a Clear taxicab drivers, bus drivers, or others in the Congress as being an apologist for sexual Abuse of Power. business of professional transport. By a roll predators themselves. Chairman Sensenbrenner maintains that call vote of 13 yeas to 17 nays, the amend- That is in effect what the Chairman of the he was justified in changing the captions, be- ment was defeated. Judiciary Committee has done here, with all cause the language of the amendments did Description of amendment: (4) A Scott deliberation. not expressly provide exceptions for grand- amendment that would have limited crimi- And he has ensured that these amendment mothers and grandfathers who also happen nal liability to the person committing the descriptions will be encapsulated in the to be sexual predators. But the ridiculous- offense in the first degree (no 12–18) record for all time by including those unfair ness of this argument is easily apparent. Amendment description in House Report and incorrect amendment summaries in the The amendments didn’t have language that 109–51: Roll Call No.4. Mr. Scott offered an Committee report. expressly included the possibility that the amendment that would have exempted from This is a new low for this chamber Mr. grandparents may be terrorists either, but prosecution under the bill those who aid and Speaker. that doesn’t mean it is not still illegal to be abet criminals who could be prosecuted This is a clearly dishonest, unethical at- a terrorist. In fact, there are an infinite under the bill. By a roll call vote of 12 yeas tack on the credibility and character of an- number of possible exceptions that would to 18 nays, the amendment was defeated. other member. And sadly, it is just the latest have to be expressly addressed in every sin- Description of amendment: (5) A Jackson- in a pattern of unethical and abusive tactics gle amendment or bill offered if this new Lee amendment to exempt clergy, god- employed by this Majority. standard were properly utilized. This is parents, aunts, uncles or first cousins from How incredibly arrogant is this called the ‘‘Sensenbrenner Standard.’’ the penalties in the bill (no 13–20) majority...that they believe they have

VerDate jul 14 2003 05:15 May 11, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MY7.027 H10PT1 H3084 CONGRESSIONAL RECORD — HOUSE May 10, 2005 the right to tamper with official congres- It serves as an unbiased reading on what sexual predators, when nothing, nothing sional documents for their own political pur- that amendment aims to accomplish. could be further from the truth. poses? To falsify and rewrite that description as a Mr. Speaker, I have often heard the Chair- How unbelievably arrogant is the leader- political attack, is not only unprecedented, man of the Rules Committee as well as other ship of this Congress...that they would it is fundamentally dishonest and it is an Republicans talk about the loss of civility in force their own politicized interpretation of abuse of the power given to the Majority by this chamber. another member’s work upon this body and the American people. But perhaps they will be the last to realize, And I have no doubts Mr. Speaker, no upon the American people, in an official that in order to regain some of that lost ci- doubts, that unless the Congressional Record committee report? vility, they need look no further than their is amended to reflect the true captions of The Majority’s actions are not only an af- own abusive, unethical and arrogant admin- these amendments, then we will surely see front to all members of this house, but they istration of this House of Representatives.’’ these erroneous captions again in the form of are also an affront to the American people. campaign attack mail pieces. The following amendments were offered There is no question that we can debate In fact, when we pressed last night in the and voted down by recorded votes in the Ju- and disagree over the impact a bill will have. Rules Committee to have the record amend- diciary Committee markup of H.R. 748—The We can argue over how well it has been ed to reflect the honest and accurate cap- Child Interstate Abortion Notification Act written or what language it should include tions that belong on those amendments, we (CIANA): to be more effective. But regardless of how were defeated on a party line vote. The Judiciary Committee Republicans bla- that debate turns out, the caption on the top So now, these honorable and hardworking tantly mischaracterized these amendments of that bill or amendment serves to instruct Members of Congress will be forever branded in their official committee report on the bill. the American people as to what original in- in the official record as having offered This is in a public document containing the tent of that legislation was. amendments which were designed to protect legislative history of this bill.

Description of amendment Amendment description in House Report 109–51

(1) a Nadler amendment allows an adult who could be prosecuted under the bill to go to a Federal district court and Rollcall No. 1. Mr. Nadler offered an amendment that would have created an additional layer of Federal court review seek a waiver to the state’s parental notice laws if this remedy is not available in the state court (no 11–16). that could be used by sexual predators to escape conviction under the bill. By a rollcall vote of 11 yeas to 16 nays, the amendment was defeated. (2) a Nadler amendment to exempt a grandparent or adult sibling from the criminal and civil provisions in the bill Rollcall No. 2. Mr. Nadler offered an amendment that would have exempted sexual predators from prosecution under (no 12–19). the bill if they were grandparents or adult siblings of a minor. By a rollcall vote of 12 yeas to 19 nays, the amendment was defeated. (3) a Scott amendment to exempt cab drivers, bus drivers and others in the business transportation profession from Rollcall No. 3. Mr. Scott offered an amendment that would have exempted sexual predators from prosecution if they the criminal provisions in the bill (no 13–17). are taxicab drivers, bus drivers, or others in the business of professional transport. By a rollcall vote of 13 yeas to 17 nays, the amendment was defeated. (4) a Scott amendment that would have limited criminal liability to the person committing the offense in the first de- Rollcall No. 4. Mr. Scott offered an amendment that would have exempted from prosecution under the bill those who gree (no 12–18). aid and abet criminals who could be prosecuted under the bill. By a rollcall vote of 12 yeas to 18 nays, the amendment was defeated (5) a Jackson-Lee amendment to exempt clergy, godparents, aunts, uncles or first cousins from the penalties in the Rollcall No. 5. Ms. Jackson-Lee offered an amendment that would have exempted sexual predators from prosecution bill (no 13–20). under the bill if they were clergy, godparents, aunts, uncles, or first cousins of a minor, and would require a study by the Government Accountability Office. By a rollcall vote of 13 yeas to 20 nays, the amendment was defeated.

Ms. PELOSI. Mr. Speaker, I thank the gen- break the rules. They are using any means to ANNOUNCEMENT BY THE SPEAKER tlewoman from Texas, Ms. JACKSON-LEE, for justify their partisan agenda to the far right, PRO TEMPORE her courage in bringing this personal privilege even if it violates the rules, the Constitution, The SPEAKER pro tempore. Pursu- before the House. and fundamental decency and trust. ant to clause 8 of rule XX, proceedings The very fact that this Member has been Here in the House, there is an attempt to will resume on motions to suspend the mistreated should cause all of us deep con- disregard the rules that protect us all, corrupt rules previously postponed. cern. It is wrong and unacceptable. the integrity of our proceedings, and demean Votes will be taken in the following The fact that a report is being supplemented not only the dignity of this House, but going so order: by the Chairman with significant and startling far as to demean individual Members. H. Res. 193, by the yeas and nays; changes attests to the fact that the Majority There is an attempt to limit the voice of the H. Res. 142, by the yeas and nays. knew that the original report was wrongly and Minority, reducing the opportunity for Members inappropriately filed. But that does not resolve to speak on the floor, and offer substitutes and f the matter—an apology is owed to Ms. JACK- amendments. EXPRESSING SUPPORT OF THE SON-LEE by the Chairman of the Judiciary Comity and trust between the Majority and HISTORIC MEETING OF THE AS- Committee. the Minority are essential and must be encour- SEMBLY TO PROMOTE THE CIVIL I know that the distinguished Chairman, for aged. That is why the Republican Leadership SOCIETY IN CUBA whom I have great respect, would like to call has an obligation to come here right now on The SPEAKER pro tempore. The it a drafting dispute or return to a discussion the floor and disavow this disgraceful behav- pending business is the question of sus- on the merits of the bill. ior. pending the rules and agreeing to the In fact, I would think that the Chairman of There is no need for this kind of mis- resolution, H. Res. 193. the Judiciary would be sensitive to the treat- behavior and abuse by the Majority. We The Clerk read the title of the resolu- ment of committee reports and would share should follow the rules of this House and treat tion. my view that committee reports should not be each other with the proper respect. The SPEAKER pro tempore. The misused to hurt a Member, given that the dis- To preserve the trust that the American peo- question is on the motion offered by tinguished Chairman was the cosponsor of a ple place in us, the Republican leadership in the gentlewoman from Florida (Ms. resolution in 1983 regarding the alteration of this House must pledge that this travesty will ROS-LEHTINEN) that the House suspend committee reports, a matter of seriousness never happen again. that was ultimately investigated by the Ethics the rules and agree to the resolution, H. Res. 193, on which the yeas and nays Committee. f This issue is about fundamental respect for are ordered. our democracy, for the dignity of the House, The vote was taken by electronic de- GENERAL LEAVE and for the integrity of the proceedings of this vice, and there were—yeas 392, nays 22, body. It is about how we treat each other, and Ms. JACKSON-LEE of Texas. Mr. answered ‘‘present’’ 1, not voting 18, as it is about trust and the betrayal of that trust. Speaker, I ask unanimous consent that follows: The bounds of trust that we need to function all Members may have 5 legislative [Roll No. 162] in this Body are weakened even further by this days within which to revise and extend YEAS—392 sorry and disgusting chapter. What the leader- their remarks and include extraneous Abercrombie Bachus Bass ship of the Committee on the Judiciary did is material on the subject of my question Ackerman Baird Bean just another extension of the abuse of power of personal privilege today. Aderholt Baker Beauprez The SPEAKER pro tempore (Mr. Akin Baldwin Becerra of the Republican majority in both Chambers Alexander Barrett (SC) Berman of the Congress of the United States. BOOZMAN). Is there objection to the re- Allen Barrow Berry What they are doing with the filibuster in the quest of the gentlewoman from Texas? Andrews Bartlett (MD) Biggert other body is to try to silence the Minority and There was no objection. Baca Barton (TX) Bilirakis

VerDate jul 14 2003 05:15 May 11, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MY7.029 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3085 Bishop (GA) Filner Lowey Ryun (KS) Smith (TX) Upton [Roll No. 163] Bishop (NY) Fitzpatrick (PA) Lucas Sabo Smith (WA) Van Hollen YEAS—413 Bishop (UT) Flake Lungren, Daniel Salazar Snyder Visclosky Blackburn Foley E. Sa´ nchez, Linda Sodrel Walden (OR) Abercrombie DeFazio Jones (NC) Blumenauer Forbes Lynch T. Solis Walsh Ackerman DeGette Jones (OH) Blunt Ford Mack Sanchez, Loretta Souder Wamp Aderholt Delahunt Kanjorski Boehlert Fortenberry Maloney Saxton Spratt Wasserman Akin DeLauro Kaptur Boehner Fossella Manzullo Schakowsky Stearns Schultz Alexander DeLay Keller Schwartz (PA) Strickland Allen Dent Kelly Bonilla Foxx Marchant Watson Schwarz (MI) Stupak Andrews Diaz-Balart, L. Kennedy (MN) Bonner Frank (MA) Markey Watt Bono Franks (AZ) Marshall Scott (GA) Sullivan Baca Diaz-Balart, M. Kennedy (RI) Waxman Boozman Frelinghuysen Matheson Scott (VA) Sweeney Baird Dicks Kildee Weldon (FL) Boren Gallegly Matsui Sensenbrenner Tancredo Baker Doggett Kilpatrick (MI) Weldon (PA) Boswell Garrett (NJ) McCarthy Sessions Tanner Baldwin Doolittle Kind Weller Boucher Gerlach McCaul (TX) Shadegg Tauscher Barrett (SC) Doyle King (IA) Boustany Gibbons McCollum (MN) Shaw Taylor (MS) Westmoreland Barrow Drake King (NY) Boyd Gilchrest McCotter Shays Taylor (NC) Wexler Bartlett (MD) Dreier Kingston Bradley (NH) Gillmor McCrery Sherman Terry Whitfield Barton (TX) Duncan Kirk Brady (PA) Gingrey McGovern Sherwood Thomas Wicker Bass Edwards Kline Brady (TX) Gohmert McHenry Shimkus Thompson (CA) Wilson (NM) Bean Ehlers Knollenberg Brown (OH) Gonzalez McHugh Shuster Thompson (MS) Wolf Beauprez Emanuel Kolbe Brown (SC) Goode McIntyre Simmons Thornberry Wu Becerra Emerson Kucinich Brown, Corrine Goodlatte McKeon Simpson Tiahrt Wynn Berman Engel Kuhl (NY) Brown-Waite, Gordon McMorris Skelton Tiberi Young (AK) Berry English (PA) LaHood Ginny Granger McNulty Slaughter Turner Young (FL) Biggert Eshoo Langevin Burgess Graves Meehan Smith (NJ) Udall (CO) Bilirakis Etheridge Larsen (WA) Bishop (GA) Evans Latham Burton (IN) Green (WI) Meek (FL) NAYS—22 Butterfield Green, Al Melancon Bishop (NY) Everett LaTourette Buyer Green, Gene Menendez Conyers McKinney Stark Bishop (UT) Farr Leach Calvert Grijalva Mica Farr Meeks (NY) Towns Blackburn Fattah Lee Camp Gutknecht Michaud Hinchey Miller, George Udall (NM) Blumenauer Feeney Levin Blunt Ferguson Lewis (CA) Cannon Hall Miller (FL) Jones (OH) Olver Vela´ zquez Boehlert Filner Lewis (GA) Cantor Harman Miller (MI) Kilpatrick (MI) Paul Waters Boehner Fitzpatrick (PA) Lewis (KY) Capito Harris Miller (NC) Kucinich Payne Woolsey Bonilla Flake Linder Capps Hart Miller, Gary Lee Rangel Bonner Foley Lipinski Capuano Hastings (WA) Mollohan McDermott Serrano Bono Forbes LoBiondo Cardin Hayes Moore (KS) ANSWERED ‘‘PRESENT’’—1 Boozman Ford Lofgren, Zoe Cardoza Hayworth Moran (KS) Boren Fortenberry Lowey Carnahan Hefley Moran (VA) Moore (WI) Boswell Fossella Lucas Carson Hensarling Murphy NOT VOTING—18 Boucher Foxx Lungren, Daniel Carter Herger Murtha Boustany Franks (AZ) E. Case Myrick Berkley Keller Sanders Herseth Boyd Frelinghuysen Lynch Costello Lantos Schiff Castle Higgins Nadler Bradley (NH) Gallegly Mack Dingell Larson (CT) Tierney Chabot Hinojosa Napolitano Brady (PA) Garrett (NJ) Maloney Chandler Hobson Neal (MA) Ferguson Millender- Weiner Gutierrez McDonald Brady (TX) Gerlach Manzullo Chocola Hoekstra Neugebauer Wilson (SC) Brown (OH) Gibbons Marchant Clay Holden Ney Hastings (FL) Musgrave Hulshof Otter Brown (SC) Gillmor Markey Cleaver Holt Northup Brown, Corrine Gingrey Marshall Clyburn Honda Norwood Brown-Waite, Gohmert Matheson Coble Hooley Nunes b 1851 Ginny Gonzalez Matsui Cole (OK) Hostettler Nussle Burgess Goode McCarthy Conaway Hoyer Oberstar Ms. LEE, Mr. FARR, Mr. UDALL Burton (IN) Goodlatte McCaul (TX) Cooper Hunter Obey New Mexico and Mrs. JONES of Ohio Butterfield Gordon McCollum (MN) Costa Hyde Ortiz changed their vote from ‘‘yea’’ to Buyer Granger McCotter Cox Inglis (SC) Osborne Calvert Graves McCrery Cramer Inslee Owens ‘‘nay.’’ Camp Green (WI) McDermott Crenshaw Israel Oxley Ms. SCHAKOWSKY changed her vote Cannon Green, Al McGovern Crowley Issa Pallone from ‘‘nay’’ to ‘‘yea.’’ Cantor Green, Gene McHenry Cubin Istook Pascrell Capito Grijalva McHugh Cuellar Jackson (IL) Pastor Ms. MOORE of Wisconsin changed Capps Gutknecht McIntyre Culberson Jackson-Lee Pearce her vote from ‘‘yea’’ to ‘‘present.’’ Capuano Hall McKeon Cummings (TX) Pelosi So (two-thirds having voted in favor Cardin Harman McKinney Cunningham Jefferson Pence thereof) the rules were suspended and Cardoza Hart McMorris Davis (AL) Jenkins Peterson (MN) Carnahan Hastings (WA) McNulty Davis (CA) Jindal Peterson (PA) the resolution was agreed to. Carson Hayes Meehan Davis (FL) Johnson (CT) Petri The result of the vote was announced Carter Hayworth Meek (FL) Davis (IL) Johnson (IL) Pickering as above recorded. Case Hefley Meeks (NY) Davis (KY) Johnson, E. B. Pitts Castle Hensarling Melancon Davis (TN) Johnson, Sam Platts A motion to reconsider was laid on Chabot Herger Menendez Davis, Jo Ann Jones (NC) Poe the table. Chandler Herseth Mica Davis, Tom Kanjorski Pombo Chocola Higgins Michaud Deal (GA) Kaptur Pomeroy f Clay Hinchey Miller (FL) DeFazio Kelly Porter Cleaver Hinojosa Miller (MI) DeGette Kennedy (MN) Price (GA) Clyburn Hobson Miller (NC) Delahunt Kennedy (RI) Price (NC) SUPPORTING GOALS AND IDEALS Coble Hoekstra Miller, Gary DeLauro Kildee Pryce (OH) OF A ROTARY INTERNATIONAL Cole (OK) Holden Miller, George DeLay Kind Putnam Conaway Holt Mollohan Dent King (IA) Radanovich DAY Cooper Honda Moore (KS) Diaz-Balart, L. King (NY) Rahall The SPEAKER pro tempore (Mr. Costa Hooley Moore (WI) Diaz-Balart, M. Kingston Ramstad Costello Hostettler Moran (KS) Dicks Kirk Regula PEARCE). The pending business is the Cox Hoyer Moran (VA) Doggett Kline Rehberg question of suspending the rules and Cramer Hunter Murphy Doolittle Knollenberg Reichert agreeing to the resolution, H. Res. 142. Crenshaw Hyde Murtha Doyle Kolbe Renzi Crowley Inglis (SC) Myrick Drake Kuhl (NY) Reyes The Clerk read the title of the resolu- Cubin Inslee Nadler Dreier LaHood Reynolds tion. Cuellar Israel Napolitano Duncan Langevin Rogers (AL) The SPEAKER pro tempore. The Culberson Issa Neal (MA) Edwards Larsen (WA) Rogers (KY) question is on the motion offered by Cummings Istook Neugebauer Ehlers Latham Rogers (MI) Cunningham Jackson (IL) Ney Emanuel LaTourette Rohrabacher the gentlewoman from Florida (Ms. Davis (AL) Jackson-Lee Northup Emerson Leach Ros-Lehtinen ROS-LEHTINEN) that the House suspend Davis (CA) (TX) Norwood Engel Levin Ross the rules and agree to the resolution, Davis (FL) Jefferson Nunes English (PA) Lewis (CA) Rothman Davis (IL) Jenkins Nussle Eshoo Lewis (GA) Roybal-Allard H. Res. 142, on which the yeas and nays Davis (KY) Jindal Oberstar Etheridge Lewis (KY) Royce are ordered. Davis (TN) Johnson (CT) Obey Evans Linder Ruppersberger The vote was taken by electronic de- Davis, Jo Ann Johnson (IL) Olver Everett Lipinski Rush vice, and there were—yeas 413, nays 0, Davis, Tom Johnson, E. B. Ortiz Fattah LoBiondo Ryan (OH) Deal (GA) Johnson, Sam Osborne Feeney Lofgren, Zoe Ryan (WI) not voting 20, as follows:

VerDate jul 14 2003 05:15 May 11, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MY7.017 H10PT1 H3086 CONGRESSIONAL RECORD — HOUSE May 10, 2005 Owens Rush Tanner the following Members will be recog- officers on the front line against these Oxley Ryan (OH) Tauscher nized for 5 minutes each. gangs all the time. During the 10 years Pallone Ryan (WI) Taylor (MS) Pascrell Ryun (KS) Taylor (NC) f that the ban was in place, crimes in- Pastor Sabo volving banned weapons dropped by 60 Terry ASSAULT WEAPONS BAN Paul Salazar Thomas percent, so we do know that it was ´ Payne Sanchez, Linda Thompson (CA) The SPEAKER pro tempore. Under a working. Nearly every police organiza- Pearce T. Thompson (MS) Pelosi Sanchez, Loretta previous order of the House, the gentle- tion in this country supported the as- Thornberry Pence Saxton woman from New York (Mrs. MCCAR- Tiahrt sault weapons ban and wants to make Peterson (MN) Schakowsky Tiberi THY) is recognized for 5 minutes. sure that we try and get it in place Peterson (PA) Schwartz (PA) Mrs. MCCARTHY. Mr. Speaker, last Petri Schwarz (MI) Towns again. When the men and women on Pickering Scott (GA) Turner Saturday’s New York Times revealed the front lines in the war on gangs and Pitts Scott (VA) Udall (CO) that since the expiration of the Federal crime in this country say they want as- Udall (NM) Platts Sensenbrenner ban on assault weapons there have sault weapons banned, we should lis- Poe Serrano Upton been no real boom in sales of the weap- Pombo Sessions Van Hollen ten. Pomeroy Shadegg Vela´ zquez ons at American gun stores. Opponents This week we are celebrating or Porter Shaw Visclosky of the ban seized the opportunity to mourning those police officers that Price (GA) Shays Walden (OR) say the ban was ineffective. However, I were killed in this last past year. Price (NC) Sherman Walsh think these statistics prove that as- Pryce (OH) Sherwood Wamp Every year it seems that the numbers Putnam Shimkus Wasserman sault weapons have absolutely no prac- are growing. We should be doing more Radanovich Shuster Schultz tical purpose except to kill human to protect our police officers that try Rahall Simmons Waters beings. to protect us on a daily basis. However, Ramstad Simpson Watson Many Members of the House have Rangel Skelton we need to improve on the shortfalls of Watt told me the assault weapons ban is an Regula Slaughter Waxman the old ban, namely, magazines as I Rehberg Smith (NJ) Weldon (FL) affront on our second amendment Reichert Smith (TX) have mentioned that hold more than 10 Weldon (PA) rights, but the public never saw the as- Renzi Smith (WA) rounds. Weller Reyes Snyder sault weapons ban as an infringement Personally, I remember going back to Westmoreland Reynolds Sodrel on their second amendment rights. 1993 when there was a shooting on the Rogers (AL) Solis Wexler Last September, a Dallas newspaper Whitfield Long Island Railroad and my husband Rogers (KY) Souder ran a poll indicating that 78 percent of Rogers (MI) Spratt Wicker was one of those killed. The person Rohrabacher Stark Wilson (NM) Texas gun owners supported keeping that was doing the shooting had clips Wolf Ros-Lehtinen Stearns the ban in place. And nobody takes of 15 and more bullets. Every one of Ross Strickland Woolsey their second amendment rights more Rothman Stupak Wu those bullets made its mark, killing a Roybal-Allard Sullivan Wynn seriously than Texas gun owners. So number of people and injuring many, Royce Sweeney Young (AK) nobody should be surprised that the my husband dying and my son cer- Ruppersberger Tancredo Young (FL) sales of these weapons are so low. tainly being injured. If we had a clip However, some people are buying NOT VOTING—20 that was only 10, 15 people might not these weapons. They may intend to use Bachus Harris Musgrave have been injured or killed. I think these guns in crimes; and because of Berkley Hastings (FL) Otter that is important. Conyers Hulshof Sanders our pre-9/11 gun laws, these people The only Americans who should be Dingell Lantos Schiff could possibly be aligned with our en- Frank (MA) Larson (CT) Tierney allowed to have these weapons are sol- Gilchrest Millender- Weiner emies in the war on terror. It is time diers and police officers, as I have said. Gutierrez McDonald Wilson (SC) for this Congress to finally be Using one of these weapons with these proactive when it comes to gun safety b 1909 clips in your home would certainly and gun laws. We cannot wait for an- take down an intruder, but the bullets So (two-thirds having voted in favor other Columbine before we address how are flying. Come on, let us use some thereof) the rules were suspended and easy it is for criminals and terrorists common sense. They would be flying the resolution was agreed to. to legally purchase these hand-held all over the place. You could be hitting The result of the vote was announced weapons of mass destruction. your neighbor. Why do we need clips as above recorded. We need commonsense gun laws that that are more than 10? As I said, our A motion to reconsider was laid on allow law-abiding citizens to purchase police officers should have them, but it the table. guns for sport and self-defense, but en- will probably be when we see these sure that those criminals with felonies f gangs buying the large capacity clips, and terrorist backgrounds cannot arm PERSONAL EXPLANATION that is when we will have outrage here. themselves. We need a new stronger as- Mr. Speaker, it is time to stop listen- Mr. LARSON of Connecticut. Mr. Speaker, I sault weapons ban. ing to the NRA’s rhetoric and start lis- One of the things that I certainly would like to submit this statement for the tening to common sense. We should be will be working for is the large-capac- RECORD and regret that I could not be present working together. The whole idea is to ity clips. today, Tuesday, May 10, 2005, to vote on roll- make sure that people are safe. No leg- call vote Nos. 162 and 163 due to a family b 1915 islation that anyone is trying to do medical emergency. There are many that will say, Well, that I am aware of is taking away the Had I been present, I would have voted: it doesn’t matter how many clips you right of someone to own a gun. We cer- ‘‘Yea’’ on rollcall vote No. 162 on H. Res. have. But if you see what these clips tainly should make it harder for those 193—expressing support to the organizers can do, especially against our police of- criminals, those terrorists that are out and participants of the historic meeting of the ficers, it is something that we should there at gun shows buying guns, crimi- Assembly to Promote the Civil Society in Cuba not allow, certainly in this country. nals and gangs buying guns illegally. on May 20, 2005, in Havana; ‘‘yea’’ on rollcall The only ones that should be allowed We can do a better job. vote No. 163 on H. Res. 142—supporting the to own them are our police officers and Mr. Speaker, I hope in the next sev- goals and ideals of a ‘‘Rotary International certainly our military. eral weeks that we will see legislation Day’’ and celebrating and honoring Rotary Resourceful criminals still found a come down. I certainly will work on it. International on the occasion of its centennial way to obtain illegal weapons. How- f anniversary. ever, the ban made these weapons more The SPEAKER pro tempore (Mr. f expensive. And because they became MARCHANT). Under a previous order of more expensive, we saw that gangs the House, the gentleman from Min- SPECIAL ORDERS were not buying these guns. I think nesota (Mr. GUTKNECHT) is recognized The SPEAKER pro tempore (Mr. that is one of the reasons why it for 5 minutes. PEARCE). Under the Speaker’s an- worked. (Mr. GUTKNECHT addressed the nounced policy of January 4, 2005, and Tomorrow we are going to be voting House. His remarks will appear here- under a previous order of the House, on an anti-gang bill. We see our police after in the Extensions of Remarks.)

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MY7.044 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3087 ORDER OF BUSINESS A passionate and dedicated leader, Mr. EMANUEL. Mr. Speaker, in the Ms. ROS-LEHTINEN. Mr. Speaker, I Rafael was a relentless defender of past few months and days, a constant ask unanimous consent to take my spe- human rights. He along with so many stream of headlines has opened the cial order at this time. other human rights activists brought public’s eye to the relationship be- The SPEAKER pro tempore. Is there Cuba’s ongoing human rights viola- tween lawmakers and lobbyists and objection to the request of the gentle- tions to the attention of the United what goes on in this town and how we woman from Florida? States Government, to the attention of make our laws. Professional lobbyists There was no objection. the American people and, indeed, to have become a virtual ‘‘back office’’ for f the international community. In addi- Congress and Congressmen, serve as tion, Rafael demonstrated his ability travel agents, employment agencies HONORING THE PASSING OF to fight not only for the Cuban and the and authors of legislation. In the past RAFAEL DIAZ-BALART Cuban-American community but for all 6 years, lobbying expenditures have The SPEAKER pro tempore. Under a oppressed people throughout the world. more than doubled to $3 billion annu- previous order of the House, the gentle- His determination and his resoluteness ally, nearly twice as much as we spend woman from Florida (Ms. ROS- have guided me in my own career as a on campaigns. That is what they spend LEHTINEN) is recognized for 5 minutes. public servant from my beginnings in trying to influence the type of legisla- Ms. ROS-LEHTINEN. Mr. Speaker, it the Florida State legislature to my tion we have. Whether it is on pharma- is with a heavy heart and many fond current position in the United States ceutical legislation, prescription drugs, memories that I stand here today to Congress. I was inspired by his endless whether it is on the tax legislation, honor the life and invaluable legacy of commitment to the Cuban people and whether it is on energy legislation, the Dr. Rafael Diaz-Balart. As a prominent to all individuals living under dictato- amount spent by lobbyists has doubled attorney and elected official in his na- rial rule. trying to influence the Members of tive land of Cuba, Rafael quickly rose His sons Rafael, Jose, Lincoln and Congress. to the position of majority leader in Mario continue this legacy of pro- Yet while the number of professional the Cuban Republic’s House of Rep- moting peace, liberty and the rule of lobbyists and their fees have increased, resentatives before Fidel Castro ille- law, a legacy that began with Rafael only one in five lobbyists required to gally seized power in the 1959 Com- Diaz-Balart, Sr., the namesake of Flor- register actually does. Of the 250 top munist revolution. ida International University’s college lobbying firms, 210 have failed to file As majority leader, Rafael warned of law. Perhaps Rafael’s strongest po- one or more of the necessary docu- his legislative colleagues of Castro’s litical legacy is the one that he has ments. The bottom line is that the spe- desire of absolute power, a desire that passed on to his children and to his cial interests benefit from weak report- would be achieved by any means nec- grandchildren, especially his sons Jose ing, nonexistent oversight and tooth- essary. In a prophetic speech, Rafael and Rafael and our esteemed col- less penalties while the credibility of said in the legislature of Castro’s leagues serving with us in the U.S. the United States Congress, this entire thugs, ‘‘They do not want peace. They House of Representatives, Congressmen institution and the Members who serve do not want a national solution. They LINCOLN and MARIO DIAZ-BALART. in it, suffers. do not want democracy or elections or I am privileged to have known and to We have had in the past debates fraternity. Fidel Castro and his group have worked closely with Rafael and about campaign finance reform and seek only one thing, power, and total the Diaz-Balart family throughout my proper debates about the relationship power at that. And they want to professional career as a legislator. To- between donors and congressional can- achieve that power through violence, gether with them, I will continue to didates. It is time now to have a debate so that their total power will enable promote a free and democratic Cuba and pass legislation about the relation- them to destroy every vestige of the and democracy throughout the world. ship between professional lobbyists and constitution and law in Cuba, to insti- Mr. Speaker, I rise today in honor of Members of Congress. The last major tute the most cruel, most barbaric tyr- Dr. Rafael Diaz-Balart, who was a won- lobbying reforms were over 10 years anny, a tyranny that would teach the derful friend, a loving husband, a dedi- ago. It is time to update our laws to re- people the true meaning of tyranny.’’ cated father and one of the most out- flect the explosive growth and increas- How sadly correct Rafael Diaz-Balart standing members of our Florida coming influence of professional lobbyists was so many years ago. Vigilantly op- munity. My thoughts and my prayers on this institution, the people’s House. posed to the Communist tyranny and go out to his family during this dif- For all those reasons, the gentleman oppression that had taken hold of his ficult time. He will be sorely missed by from Massachusetts (Mr. MEEHAN), the country, Dr. Diaz-Balart and his family all. gentleman from Maryland (Mr. VAN fled the island. Shortly after leaving HOLLEN) and I have introduced the Cuba, he founded the White Rose f Lobbying and Ethics Reform Act. Our Party, an organization dedicated to The SPEAKER pro tempore. Under a bill creates a code of official conduct fighting against Castro’s dictatorial re- previous order of the House, the gen- for Congress. This code of conduct gime and restoring democracy and lib- tleman from New Jersey (Mr. PALLONE) would close the revolving door by re- erty in Cuba. In addition, his testi- is recognized for 5 minutes. quiring former Members and staff to mony to the United States Senate in (Mr. PALLONE addressed the House. wait 2 years before coming back to 1960 alerted the Nation to the dangers His remarks will appear hereafter in lobby the institution they had worked of Castro’s government. In his testi- the Extensions of Remarks.) at prior. The bill also ends the practice mony, Rafael provided evidence of Cas- f of lobbyists serving as congressional tro’s oppression and his abuse of the travel agents by arranging lavish jun- ORDER OF BUSINESS political dissidents as well as the glob- kets for Members. Our bill would real threat of communism. Mr. EMANUEL. Mr. Speaker, I ask quire congressional travel to conform He, like my father Enrique Ros and unanimous consent to take my special to expense guidelines similar to those so many others who fled Cuba due to order at this time. of other government employees, so it is Castro’s dictatorial regime in these The SPEAKER pro tempore. Is there actually the work that trip is intended four decades, dreamed of a free Cuba, a objection to the request of the gen- to do and work on that trip rather than country where human rights would tleman from Illinois? it becoming a lavish vacation and a once again be respected, where polit- There was no objection. working trip in name only. We also re- ical prisoners would be freed, where a f quire lobbyists to disclose their past democratic multiparty political sys- connections, previous Hill employers tem would flourish and a free market LOBBYING REFORM and financial activities on a public economy would thrive, thus allowing The SPEAKER pro tempore. Under a database. the Cuban people and their foreign eco- previous order of the House, the gen- The Meehan-Emanuel bill increases nomic partners to own their own busi- tleman from Illinois (Mr. EMANUEL) is the penalties for failing to comply with nesses and to prosper. recognized for 5 minutes. the Lobbying Disclosure Act. It also

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.051 H10PT1 H3088 CONGRESSIONAL RECORD — HOUSE May 10, 2005 creates a bipartisan House task force When that gavel goes down, it is in- times. It is inconceivable to me that to recommend ways to reinvigorate tended to open the people’s House, not these charges can move forward when ethics oversight and enforcement. It the auction house. the primary witness is someone who would require the Government Ac- f did not actually see the shooting and countability Office to report twice a The SPEAKER pro tempore. Under a whose testimony was riddled with con- year on the state of oversight and en- previous order of the House, the gen- tradictory statements. forcement. Mr. Speaker, I have heard from so tleman from Indiana (Mr. BURTON) is Mr. Speaker, the gavel of this insti- recognized for 5 minutes. many people across this Nation who tution when it comes down should (Mr. BURTON of Indiana addressed want this Marine exonerated. Like me, mark the opening of the people’s the House. His remarks will appear they believe he should never have been House, not the auction house. Unless hereafter in the Extensions of Re- charged in the first place. we reform the relationship between I have the utmost confidence and marks.) lobbyists and Members of Congress, we faith in the United States Marine cannot restore the public’s faith in the f Corps that in the next few days they people’s House. We are suffering from a EXCHANGE OF SPECIAL ORDER will do what is the right thing by cor- systematic problem requiring an insti- TIME recting this mistake and dismissing all tutional solution. charges against Lieutenant Pantano. I Legislation here that we produced in Mr. JONES of North Carolina. Mr. fear that if Lieutenant Pantano faces a the last Congress, the pharmaceutical Speaker, I ask unanimous consent to court-martial for his actions, there industry spent $154 million lobbying take the time of the gentleman from may come a time when some other Ma- Members of Congress. When we were Indiana (Mr. BURTON). rine, soldier, sailor, or airman will working on the reimportation legisla- The SPEAKER pro tempore. Is there pause to second guess his or her deci- tion of pharmaceutical products, there objection to the request of the gen- sion and those few seconds may mean were two lobbyists for every Member of tleman from North Carolina? the difference between life and death Congress. The prescription drug bill There was no objection. for them. was passed in a year in which lobbyists f Mr. Speaker, we cannot send the for the pharmaceutical industry was wrong message to our men and women IN SUPPORT OF LIEUTENANT one of the biggest spenders on lobbying in uniform. To instill doubt into the PANTANO Members of Congress ended up result- minds of our Nation’s defenders places ing in an additional $150 billion of prof- The SPEAKER pro tempore. Under a their lives and the security of our Na- its for the pharmaceutical industry previous order of the House, the gen- tion in jeopardy. over a 10-year period of time. tleman from North Carolina (Mr. I certainly hope that the Article 32 Just the other day, we voted, this JONES) is recognized for 5 minutes. proceedings will finally bring out the Congress, on an energy bill, a badly Mr. JONES of North Carolina. Mr. truth in this case and bring closure to needed bill that did not deal with gas Speaker, I have discussed at length Lieutenant Pantano’s family so that prices at the pump and yet gave tax how, a year ago in Iraq, a Marine sec- they may move forward with their credits, the public’s tax money, to the ond lieutenant, Ilario Pantano, made a lives. wealthiest corporations who are mak- split-second battlefield decision to By all accounts Lieutenant Pantano ing the biggest profits. Even the Presi- shoot two Iraqi insurgents who refused was an exceptional Marine. During the dent acknowledged that it was wrong. to follow his orders to stop their move- Article 32 hearing, many of those who Why? Because this institution is being ment towards him. served under him testified to his lead- lobbied by members that have the right Two and a half months later a ser- ership ability and their sense of com- to have their voices heard but not the geant under his command, who never fort and safety under his command. I right to have their voices literally even saw the shooting and who was ear- pray that this week the hearing officer drowning out the public’s voice and in- lier demoted by Pantano for his lack of will recommend dismissal of all dividuals who vote for us. leadership abilities, accused him of charges so that Marines can welcome It is time for this institution and the murder. Now Lieutenant Pantano is back one of their finest officers and so Members of Congress of both parties to facing a possible court-martial for two Lieutenant Pantano may return to the come together, change the way profes- premeditated murders, a charge that Corps he loves so much. sional lobbyists relate to Members of can be punished by death. Mr. Speaker, I continue to ask my Congress, how they relate to the insti- Two weeks ago, the Marines held an colleagues to research this case and tution, whether there is a revolving article 32 hearing on the case. Now the consider supporting House Resolution door that goes from here, you go to a hearing officer has received an exten- 167, my resolution to support Lieuten- place of employment and whether you sion until Friday to determine his rec- ant Pantano as he faces this battle. have in fact the transparency and the ommendation about whether this And I encourage all of the Members to disclosure that is required, because in should move forward to a court-mar- also visit his mother’s Web site at truth this is the whole cloud that ex- tial. www.defendthedefenders.org. I repeat: ists, exists over all the institution. It www.defendthedefenders.org, and learn b 1930 requires all of us to work on dealing more about this fine young Marine. I with this. Mr. Speaker, I stand here tonight, as would be proud to call him my son or Mr. Speaker, we have a duty to en- I have many other nights, in support of son-in-law. sure that the voices of the American Lieutenant Pantano. I have always I close, Mr. Speaker, by asking God people are not drowned out by the maintained the innocence of Lieuten- to please bless the Pantano family and voices of the professional lobbyists ant Pantano, and I believe the hearing ask God to please bless all of our men working the halls of Congress. Only produced information that should con- and women in uniform and their fami- through lobbying reform can we re- clusively prove his innocence. lies. And I ask God to please continue store the integrity of the Congress and During the hearing, it became clear to bless America. retain the people’s trust. We work on that Sergeant Coburn, who accused f important issues here but not so im- Lieutenant Pantano of these actions, portant that it must literally push out was not a credible witness. This ser- ABU GHRAIB SCANDAL: WHERE the other voices. There is time and geant has been demoted for his lack of DOES THE BUCK STOP? again, whether it is dealing with the leadership; and even while testifying, The SPEAKER pro tempore (Mr. pharmaceutical industry, the corporate he was forced to admit that he recently MARCHANT). Under a previous order of tax bill, the energy bill, other pieces of disobeyed orders about publicly dis- the House, the gentlewoman from Ohio legislation, you can mark literally the cussing this case. News reports from (Ms. KAPTUR) is recognized for 5 min- amount of money spent by the lob- hearings recounted that during his tes- utes. bying community and the type of legis- timony, Sergeant Coburn said ‘‘I don’t Ms. KAPTUR. Mr. Speaker, I rise to- lation this institution passes. know’’ or ‘‘I can’t remember’’ over 50 night to discuss a vital issue that has

VerDate jul 14 2003 05:15 May 11, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.053 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3089 not received nearly as much attention Cross so the organization could not This case raises more questions about Abu as it should, and that is the full ac- monitor their treatment. Are we sup- Ghraib than it answers, Mr. Speaker. countability of those responsible for posed to believe that such actions at Who was really in charge at Abu Ghraib the prison abuse at Abu Ghraib prison Abu Ghraib were a mere coincidence prison? Who ordered the torture abuse/humil- in Iraq and likely other abuses in other and not orchestrated by anyone who iation of these prisoners? Why have only a locations. had the power to order from the top few enlisted personnel and one Reservist offi- Last week, 1 year after the shocking down? cer been punished? What was the chain of pictures of prisoner abuse became pub- How about Lieutenant General Ri- command? Were contractors involved and did lic, a military judge declared a mistrial cardo Sanchez? He is second on my list. their involvement skirt the normal chain of in the case against Private First Class Two Army investigations, one of which command? Lynndie England, and I emphasize pri- he stated he ‘‘failed to ensure proper According to the Christian Science Monitor, vate first class. staff oversight’’ of Abu Ghraib, but he ‘‘for punishment, the military has issued either England, one of just a few enlisted has yet to be officially sanctioned, pun- criminal or administrative charges against 125 personnel charged in the case, at- ished, or charged. soldiers and officers related to 350 cases in tempted to plead guilty in order to re- Third, Major General Geoffrey Mil- Iraq and Afghanistan. It’s a different story with ceive a more lenient sentence. But ler. According to the Center for Amer- senior military officers, however. A study by Judge James Pohl threw her guilty ican Progress, he was sent to Abu the Army inspector general—not yet released plea out and the court-martial after de- Ghraib to ‘‘Gitmoize’’ the place. Under but reported last week by the media—has ex- termining that Private England could his command, the International Com- onerated all senior Army officers in Iraq and not have realized her actions were mittee of the Red Cross found interro- elsewhere except the brigadier general in wrong. Maybe that is because exactly 1 gation techniques at Guantanamo charge of US prison facilities in Iraq.’’ year ago today, Private England told ‘‘tantamount to torture.’’ Why does the Pentagon refuse to look up the media that she was ordered by her Fourth, White House Counsel Alberto the chain of command to thoroughly inves- superiors to pose naked with Iraqi pris- Gonzales. When he served in that ca- tigate and charge high-level military and ad- oners at Abu Ghraib prison. pacity, he advised President Bush that ministration officials, instead focusing efforts The case has more questions about laws prohibiting torture do ‘‘not apply on low-ranking enlisted personnel? Does anyone believe that these soldiers Abu Ghraib than it answers, Mr. to the President’s detention and inter- acted on their own? That they purposely per- Speaker. Who was really in charge at rogation of enemy combatants’’ and an petrated acts that the Pentagon’s own report Abu Ghraib prison? Who ordered the interrogation tactic only constituted (prepared by General Antonio Taguba) defined torture, abuse, humiliation of those torture if it resulted in death, organ as ‘‘sadistic, blatant and wanton criminal prisoners? Why have only a few en- failure, or serious impairment of bodily abuse.’’ listed personnel, and very low-ranking functions. And last, but surely not least, Presi- The Philadelphia Inquirer correctly editorial- ones at that, and one Reservist officer dent George Bush. The President is not ized ‘‘no one at the top—not military officers, been punished? What was the real last on this list for no reason. Harry certainly not Pentagon civilians—is blamed for chain of command? Were contractors Truman proudly proclaimed ‘‘The buck wrongdoing. Never mind that a climate was involved at any point? And how did stops here.’’ It would seem this Com- fostered from the top down that tolerated, their involvement compromise the nor- mander in Chief believes the buck even encouraged, the abuse at Abu Ghraib.’’ mal chain of command? stops far before the Pentagon, White In February 2004, the International Red According to the Christian Science House, or Oval Office. Cross released a report detailing dozens of Monitor, a study by the Army Inspec- Mr. Speaker, why is Congress receiv- serious human rights violations that occurred tor General, not yet released but re- ing more information on these atroc- in Iraq between just March and November of ported last week by the media, has ex- ities from the news media than the 2003. The report maintains some of the abuse onerated all senior Army officers in President or the Department of De- was ‘‘tantamount to torture’’ and that methods Iraq and elsewhere. How about that? fense? It is because they are a part of included threats of electrocution, forced nudity Exonerated them all, except the single the culture of abuse that starts with and other lewd sex acts, forcing detainees to brigadier general in charge of U.S. pris- loose slogans like ‘‘Bring ’em on.’’ It wear hoods and more. on facilities in Iraq. Why does the Pen- sends that signal down the chain of WHO SHOULD BE HELD ACCOUNTABLE? tagon refuse to look up the chain of command. They were not only oper- First, Secretary Donald Rumsfeld is at the command, only trying to place blame ating in an atmosphere created, fos- top of my list. Secretary Rumsfeld, according at those at the very bottom? Does any- tered, and encouraged by top echelon to numerous reports, personally authorized one really believe that these soldiers officials at the White House. They were similar abusive interrogation techniques for acted on their own? propelled by that very behavior. prisoners held in Guantanamo Bay, Cuba, in- The Philadelphia Inquirer editorial- Mr. Speaker, I include my remaining cluding the use of dogs for intimidation, the re- ized: ‘‘No one at the top . . . is blamed remarks in the RECORD. moval of clothing, the hooding of prisoners, for wrongdoing,’’ even though the ‘‘cli- This Congress ought to ask for the and ‘‘non-injurious physical contact.’’ He also mate was fostered from the top down truth. ordered several prisoners in Iraq, not at Abu that tolerated, even encouraged, the Mr. Speaker, I rise today to discuss a vital Ghraib to be hidden from the International Red abuse at Abu Ghraib.’’ issue that has not received nearly as much at- Cross so that the organization couldn’t monitor In February, 2004, the International tention as it should—the full accountability of their treatment. Now, however, we are sup- Red Cross released a report detailing those responsible for the prison abuse scandal posed to believe that such actions at Abu dozens of serious human rights viola- at Abu Ghraib prison in Iraq and likely other Ghraib were a mere coincidence and not or- tions that occurred in Iraq between abuses at other locations. chestrated by anyone? just March and November of 2003, in- Last week, 1 year after the shocking pic- Second, Lt. General Ricardo Sanchez: De- cluding electrocution, forced nudity, tures of prisoner abuse became public, a Mili- spite two Army investigations, one of which and other lewd sex acts, forcing detain- tary Judge declared a mistrial in the case stated he ‘‘failed to ensure proper staff over- ees to wear hoods and more. against Private First Class Lynndie England. sight’’ of Abu Ghraib, he has yet to be officially Who should be held accountable? England, one of just a few enlisted per- sanctioned, punished or charged. Moreover, First, Secretary of Defense Donald sonnel charged in the case, attempted to as the Washington Post reported this week, Rumsfeld. He is at the top of my list. plead guilty in order to receive a more lenient ‘‘Army intelligence officials in Iraq developed Personally authorized similar abusive sentence, Judge James Pohl, a Colonel, how- and circulated ‘‘wish lists’’ of harsh interroga- interrogation techniques for prisoners ever threw out her guilty plea and the court tion techniques they hoped to use on detain- held in Guantanamo Bay, Cuba, includ- martial after determining that Pvt. England ees in August 2003, including tactics such as ing the use of dogs for intimidation, could not have realized her actions were low-voltage electrocution, blows with phone the removal of clothing, the hooding of wrong. books and using dogs and snakes—sugges- prisoners, and ‘‘noninjurious physical Maybe that is because exactly 1 year ago tions that some soldiers believed spawned contact.’’ He ordered several prisoners today Pvt. England told the media that she abuse and illegal interrogations.’’ General in Iraq, though not at Abu Ghraib, to was ordered by her superiors to pose naked Sanchez is known to have approved these be hidden from the International Red with Iraqi prisoners at Abu Ghraib prison. rules of interrogation.

VerDate jul 14 2003 05:15 May 11, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\K10MY7.057 H10PT1 H3090 CONGRESSIONAL RECORD — HOUSE May 10, 2005 Third, Major General Geoffrey Miller: Ac- military judge, Col. James Pohl, declared a credibility the American occupation of Iraq cording to the Center for American Progress: mistrial after Pvt. Charles A. Graner Jr., a was clinging to when it happened. The hope, ‘‘a Guantanamo commander, Maj. Gen. Geof- former guard at Abu Ghraib, testified that at the time, was that the United States the photos were taken for training purposes. would show the world that it was different, frey Miller, was sent to Abu Ghraib to That testimony undermined England’s ad- that it would be accountable. ‘‘Gitmoize’’ it. Under his command, the Inter- mission that she knew her actions were ‘‘Watch America. Watch how we deal with national Committee of the Red Cross found in- wrong and her acceptance of responsibility. this,’’ then-Secretary of State Colin Powell terrogation techniques at Guantanamo Bay But England and the the few other enlisted said almost a year ago in a commencement are ‘‘tantamount to torture.’’ ‘‘Harsh methods’’ men and women who have faced courts mar- speech at Wake Forest University. ‘‘Watch used at the prison include forced enemas, tial in the scandal should not be the only how a nation such as ours will not tolerate sleep deprivation and chaining prisoners to ones to pay a price for what happened at Abu such actions. . . . The world will see that we chairs and leaving them ‘‘to soil themselves.’’ Ghraib. High-level military and administra- are still a nation with a moral code that de- tion officials must not be allowed to escape fines our national character.’’ Just weeks after he visited Iraq, the now-infa- responsibility for a scandal that is far more There was reason to hope. But at the time, mous abuse occurred at Abu Ghraib. of their making than of low-ranking soldiers. Powell and others believed that al-Jamadi’s Fourth, White House Counsel Alberto Gon- So far, Brig. Gen. Janis Karpinski, an Army death was the only one on the military’s zalez: Gonzales was instrumental in shaping reservist who formerly ran U.S. prisons in prison watch in Iraq and Afghanistan and U.S. policy on the interrogation of prisoners. In Iraq, is the only high-level officer to be dis- that abuse was limited to a few bad apples. the now infamous 1/25/02 memo to the presi- ciplined, and she rightly regards herself as a It turned out that al-Jamadi’s death was, in- dent he wrote, ‘‘the war against terrorism is a scapegoat. deed, the only one—at Abu Ghraib. In March, new kind of war’’ and ‘‘this new paradigm ren- Congress, which abandoned its oversight the Pentagon conceded that it was inves- role during the invasion and its bloody after- ders obsolete Geneva’s strict limitations on tigating 25 other inmate deaths it has classi- math, should demand an investigation by a fied as homicides in American custody in questioning of enemy prisoners and renders bipartisan independent commission similar Iraq and Afghanistan since 2002. If that many quaint some of its provisions.’’ Gonzalez also to the Sept. 11 commission. inmates have been killed in prisons and de- advised President Bush that laws prohibiting Instead of starting at the bottom, as the tention centers under American supervision torture do ‘‘not apply to the President’s deten- military’s whitewashes have done, the panel in the two countries, it is unlikely that the tion and interrogation of enemy combatants’’ should start at the top with Defense Sec- beatings, the abuses, the tortures that lead and an interrogation tactic only constituted tor- retary Donald Rumsfeld, who failed to plan to such homicides would be limited to a few ture if it resulted in ‘‘death, organ failure, or for postwar Iraq and then failed to adjust his bad apples. plans after the insurgency began. Rumsfeld serious impairment of body functions.’’ Yet that’s the upshot of 11 investigations is the reason why there were insufficient and reports of what went wrong. Some of the Last but surely not least, President George numbers of prison guards in Iraq and why reports judged the Pentagon severely and W. Bush: The President is not last on this list they had inadequate training and murky called for corrective action and punish- for no reason, Mr. Speaker. Harry Truman guidelines. Rumsfeld also made the decision ments. But it was up to the Army to act, be- proudly proclaimed ‘‘the Buck Stops Here.’’ It to authorize harsh interrogation techniques cause President Bush refused to give anyone would seem this Commander in Chief believes for detainees at Guantanamo Bay and then else authority to do more than advise. the buck stops far before that Pentagon, White to apply those methods in Iraq. So the Army judged (and protected) its House or Oval Office. Next on the list should be Attorney Gen- own. The Army has cleared four of the top eral Alberto Gonzales, who three years ago Mr. Speaker, why is Congress receiving five officers overseeing prisons in Iraq. It prepared a legal opinion stating that Geneva isn’t clear whether it has investigated offi- more information on these atrocities from the Conventions protections for detainees in Af- cers supervising prisons in Afghanistan (with news media than the President, his staff or the ghanistan were ‘‘obsolete.’’ That opinion, at least two reported inmate deaths) or Department of Defense on? Moreover, why along with his endorsement of the harsh in- Guantanamo Bay. Of 353 cases of abuse the does he refuse to acknowledge that either he terrogation methods, contributed to the Army investigated (the number alone belies or his immediate advisers are primarily re- abuses at Abu Ghraib. Also high on the list any suggestion of a limited problem), 225 are sponsible for the culture of abuse ‘‘Bring em should be Lt. Gen. Ricardo Sanchez, the closed. Of 124 soldiers who faced disciplinary on’’ spawned by their reinvention of prisoner former commander of U.S. forces in Iraq, action, virtually all were the small fry of en- who cleared the use of interrogation tech- listed personnel. While 17 have been thrown interrogation policies? niques in Iraq that violated Geneva Conven- Privates and Corporals in the Army Guard out of the Army, seven low-ranked soldiers tions. have faced punishment that range anywhere and Reserves are not responsible for the The judge in England’s case dismissed from forfeiting half a month’s pay to—in one atrocities at Abu Ghraib and elsewhere. They charges against her because of testimony in- case—10 years in prison. One general, Janis were only operating in an atmosphere created, dicating others were to blame. England Karpinski, was demoted and given a written fostered and encouraged by top echelon at should face justice. But the civilian and reprimand. She was in charge of Abu Ghraib the Pentagon and White House. military leaders who sent her to Iraq and prison. Why are we not pursuing those truly respon- who bear larger responsibility for the illegal That’s it. That’s where U.S. accountability sible for these crimes? Harry Truman would and immoral abuses that occurred there ends. Condoleezza Rice, Powell’s successor at should be held accountable as well. fully assume the role of Commander in the State Department, told Europeans during her visit a few weeks ago that ‘‘bad Chief—not just troop deployment but troop de- [From the Daytona Beach News-Journal, things happened at Abu Ghraib that, as the portment and frankly, the truth. May 10, 2005] president said, make us sick to our stomach. [From the Register-Guard, May 9, 2005] ABU GHRAIB WHITEWASH But the real test of a democratic country is GO HIGHER ON ABU GHRAIB: TOP OFFICIALS On Nov. 4, 2003, Manadel al-Jamadi was how one deals with those.’’ The sickening SHOULDN’T ESCAPE RESPONSIBILITY found dead in the showers of Abu Ghraib test result is the scandal has been lumped on Sooner or later, Pfc. Lynndie England will prison outside Baghdad. Al-Jamadi was a de- the back of just a few lowly soldiers. be convicted for her role in abusing and tainee who, according to a Navy SEAL testi- f humiliating Iraqi prisoners at the infamous fying in a military court a year later, had Abu Ghraib prison in Iraq. probably been beaten by interrogators the CAFTA Anyone tempted to shed tears over the night before. Several soldiers posed for pic- The SPEAKER pro tempore. Under a prospect of the young Army reservist spend- tures besides the body, grinning and with previous order of the House, the gen- ing time behind bars need only remember the their thumbs up. Five months later CBS tleman from Ohio (Mr. BROWN) is rec- photographs that showed England leering as broadcast those images and many more, in- ognized for 5 minutes. she pointed to the genitals of a male captive, cluding those of naked Iraqi prisoners forced and as she led a naked prisoner around by a into human pyramids by their captors, of Mr. BROWN of Ohio. Mr. Speaker, leash. prisoners leashed like animals or terrorized today more than 400 union workers and These images shamed both U.S. critics and by dogs and to the seeming entertainment of Members of Congress gathered in front supporters of the U.S. invasion. They also their American captors. of the United States Capitol delivering had a devastating impact on American ef- Whether American soldiers abused detain- a united message: vote ‘‘no’’ on the forts to win support in Iraq and throughout ees ‘‘for their own amusement,’’ as Pfc. Central American Free Trade Agree- the Middle East for the occupation and de- Lynndie England put it to a military court ment. mocratization of Iraq. last week; whether they did it as part of a This week, the presidents of Central It was neither surprising nor upsetting systematic policy of abuse designed to ‘‘soft- then to learn Friday that the government en’’ detainees for interrogation; or whether America and the Dominican Republic plans to file new charges against England, the whole thing was ‘‘an over-hyped story,’’ are touring the Nation on a United whose guilty plea was tossed out and her as The Wall Street Journal called it two States Chamber of Commerce-funded court martial canceled earlier in the week. A weeks ago, the scandal shattered what little junket, pushing the Central American

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MY7.048 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3091 Free Trade Agreement. They are trav- Americans of both parties. Instead of one out of four veterans of the wars in eling to Miami and Los Angeles. They supporting the President on CAFTA, Afghanistan and Iraq treated at VA are going to Albuquerque and to my overwhelming numbers of Republicans hospitals in the past 16 months were di- State, Cincinnati, Ohio, attempting to and Democrats in this body and across agnosed with mental disorders. Alarm- convince the American people and the the country have come out against the ingly, this number has been steadily American press that CAFTA is good for agreement. rising, and we can only guess how their countries and for their people. Last month, two dozen Democrats many soldiers do not come forward to Unfortunately, these leaders are not and Republicans in Congress joined get help because of the stigma that is telling the whole story. Like our own more than 150 business groups and associated with mental illnesses. President, they try to convince us that labor organizations echoing a united Post-traumatic stress disorder, also CAFTA will lift up low-income workers message: vote ‘‘no’’ on the Central known as PTSD, is the most common in Central America and that CAFTA American Free Trade Agreement. disorder seen in returning soldiers and will create jobs here in the United Under NAFTA, the North American has been diagnosed in 10 percent of re- States. What they have not said is that Free Trade Agreement, the U.S. has turning soldiers at VA hospitals. Other CAFTA does nothing to ensure enforce- lost more than 1 million jobs. Under mental disorders that are being seen ment of labor provisions in their own NAFTA the promise of a thriving mid- are drug or alcohol abuse, depression countries. What they have not said is dle class in Mexico was never realized. and anxiety disorders. Also phobias and that the combined purchasing power of Under NAFTA, just like every other panic are part of the whole diagnosis. the CAFTA nations, the combined pur- trade agreement, the administration, These are the hidden scars that chasing power of the CAFTA nations, the corporate leaders make the same young men and women who serve in is equal to that of Columbus, Ohio; or promises. They promise more manufac- combat are left with when they return Memphis, Tennessee; or Orlando, Flor- turing jobs in the United States. They home. While mental and emotional ida. In other words, people in Guate- promise growth in industry in the problems cannot be seen as easily as a mala and Honduras and Nicaragua and United States. They promise more ex- physical wound, they are just as debili- El Salvador and Costa Rica cannot af- ports from the United States. But it tating. ford to buy the steel produced in Penn- never happens that way. Large numbers of veterans from Iraq sylvania. They cannot afford to buy The definition of insanity is repeat- and Afghanistan are coming home, and cars made in Ohio. They cannot afford ing the same action over and over and they are showing up in our homeless to buy textiles and apparel from North over again and expecting a different re- population in numbers that have not Carolina and South Carolina and Geor- sult. We have heard these same prom- been seen since the end of the Vietnam gia. They cannot afford to buy software ises about CAFTA, about NAFTA, War. This is a shameful epidemic, and from Northern California or Oregon or about trade with China, about the we must work to confront it before it is too late. the State of Washington. World Trade Organization. We have Serving in a combat zone not only af- With all due respect, Mr. Speaker, to heard these same promises over and fects soldiers but also their families. the Central American leaders, what over and over again, and the American When service members come home, they are not saying and what millions people understand the promises simply they face a real challenge in learning of us know already is that millions of do not work. how to readjust to civilian life, often their workers in Central America, like Now the President and his big busi- taking a toll on relationships with tens of millions of American workers, ness allies are hoping that bringing family members and sometimes leading do not support the Central American these Central American leaders on to even more mental and emotional Free Trade Agreement. What their their Chamber of Commerce junket can help deliver support for an agreement problems. leaders will not tell the American peo- Every time we send our young men that, frankly, as we look across this ple, what their leaders will not share and women into combat, we are asking Chamber, is dead on arrival. Right now with reporters covering their junket, is them to make a huge sacrifice for the that 8,000 Guatemalan workers pro- the U.S. Chamber of Commerce is rest of us. Their lives and their health tested against CAFTA in March. Two hosting a reception for the visiting dig- are the real follow-up costs to any war. of them lost their lives when govern- nitaries, these six presidents, reward- That is why I have introduced H. Con. ment forces attacked the crowds. ing them for their lobbying efforts this Res. 35, asking for the immediate with- We have not heard Central American week. Right now the leaders of these drawal of troops from Iraq. Thirty- leaders mention the literally tens of countries are raising their toasts to three other Members of Congress have thousands of El Salvadorans who pro- their corporate sponsors. signed my resolution with me, because Mr. Speaker, there can be no more tested CAFTA in 2002. They do not we know that the longer we keep our mention the 18,000 letters sent last delay. We must throw out this failed troops in harm’s way, fighting a war of year by Honduran workers to their agreement and renegotiate the Central occupation, the higher the costs in Honduran Congress decrying this dys- American Free Trade Agreement. human lives. Coupled with that bill, I functional cousin of the North Amer- f am also reintroducing legislation to ican Free Trade Agreement. The Cen- b 1945 support a SMART security platform for tral American leaders do not mention the 21st century. the 10,000 people who protested CAFTA SMART AND VETERANS MENTAL SMART stands for Sensible, Multi- 11⁄2 years ago in Nicaragua. They do not HEALTH lateral American Response to Ter- tell us about the 30,000 CAFTA The SPEAKER pro tempore (Mr. rorism. SMART treats war as an abso- protestors in Costa Rica just last fall. MARCHANT). Under a previous order of lute last resort. It fights terrorism Hundreds of thousands of workers have the House, the gentlewoman from Cali- with stronger intelligence and multi- protested CAFTA in more than 45 dem- fornia (Ms. WOOLSEY) is recognized for lateral partnerships. It controls the onstrations in these six Central Amer- 5 minutes. spread of weapons of mass destruction ican countries. Ms. WOOLSEY. Mr. Speaker, we re- with a renewed commitment to non- Opposition to CAFTA here in the cently passed the conference report on proliferation, and it aggressively in- United States has been equally stal- yet another supplemental appropria- vests in the development of impover- wart. More than a year has passed tions bill for the war in Iraq, bringing ished nations, with an emphasis on since President Bush signed CAFTA. the total amount of taxpayer money women’s health and women’s edu- Every other trade agreement the Presi- being spent on this ill-conceived, built- cation. dent has brought to Congress has been on-lies war to over $300 billion. The We must take a smarter approach to voted on within 6 or 7 weeks. This has longer we keep funding this irrespon- our foreign policy and homeland secu- been 111⁄2 months since the President sible effort, the more harm we are rity measures. The sacrifices made by signed it because there is so much op- doing, not just to the people of Iraq but our soldiers are so great. We should be position from American workers, from also to our very own troops. asking them to make sacrifices only American educators, from American The New England Journal of Medi- after careful and thoughtful delibera- social service organizations, from cine recently reported that as many as tion, not rushing to war on unreliable

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.058 H10PT1 H3092 CONGRESSIONAL RECORD — HOUSE May 10, 2005 intelligence and on personal grudges. that the American people will be going think the American people demand We must take careful and measured through because of the push of privat- better, and I think the American peo- steps when putting lives on the line, ization of Social Security and the irre- ple will continue to pay very close at- something that the Bush administra- sponsible spending by the majority side tention to what is being said and what tion has not done. and also by the present administration. is not being said in this discussion As we work to protect those who pro- This whole debate is about helping about Social Security. tect us, instead of throwing our money future generations. This whole debate I do not believe that Members of this into an ill-advised war, we must com- is about making sure that we keep our House or the other body will take a mit first to keeping our troops well end of the deal to the American people. vote where they are going to make a equipped with safety gear and modern I can tell you, keeping our end of the career decision on a gamble on Social equipment, and we must provide them deal to the American people is saying Security privatization. It is not at that with real and comprehensive health we are going to do what we said we are point to where one has to gamble with care, including mental health support going to do from the beginning, Mr. the retirement of so many Americans. services, when they come home. Speaker, and it is important. But I be- Social Security is there to make sure Mr. Speaker, war has long-lasting ef- lieve when misinformation or inac- that it is a guarantee for men and fects on those who serve. Let us work curate information is given to the women that have worked in this coun- to ensure that we limit those effects by American people and to some Members try. using our troops only when we must of this House, it jeopardizes our com- So, tonight, we are going to talk and treating them with the dignity mitment to keeping our end of the about the budget, the $26,000-plus that they deserve when they return. deal. every American owes to the Federal f What I mean by ‘‘our end of the debt, and tonight, we are going to, if I deal,’’ for those individuals that have The SPEAKER pro tempore. Under a could use the word, cross-pollinate, Mr. paid into Social Security over the previous order of the House, the gen- Speaker, Social Security privatization years, and they are looking forward to philosophy and the reality of the ever- tleman from Maryland (Mr. CUMMINGS) the security of Social Security being is recognized for 5 minutes. growing deficit, that it seems that this there for them at the benefit level to (Mr. CUMMINGS addressed the Congress is out of control of continuing where it is now, I think it is very, very House. His remarks will appear here- to add on to the debt without any plan important that we do not let those after in the Extensions of Remarks.) whatsoever, no real realistic plan, in Americans down. making sure that we take down the f I want to make sure that not only debt for future generations. So I think The SPEAKER pro tempore. Under a the Members of this House but every- that is very, very important. previous order of the House, the gen- one understands that Social Security Now, some individuals will say, Well, tleman from Oregon (Mr. BLUMENAUER) will be solvent for the next 47 to 50 what is the Democratic plan? Well, I is recognized for 5 minutes. years at the present benefit level of would like to know what is the Repub- (Mr. BLUMENAUER addressed the where it is right now. Forty-eight mil- lican plan? Some of my good friends in House. His remarks will appear here- lion Americans who need the survivor this Chamber are Republicans and after in the Extensions of Remarks.) benefits, retirees or individuals eligible want to know the Republican plan. f for Social Security at this point will I would say, the Republican leader- receive 100 percent of the benefits they ship plan, because I do not want to gen- CORRECTING AMERICAN FISCAL are receiving now. On average, they re- eralize, because I feel there are Mem- PROBLEMS AND PRESERVING ceive $955 of monthly benefits from So- bers in this Chamber that have a gen- SOCIAL SECURITY cial Security. Thirty-three million uine argument and concern when they The SPEAKER pro tempore. Under Americans are retired that are in that see statistics that are given by notable the Speaker’s announced policy of Jan- 48 million, and a large number of those organizations and even by some of our uary 4, 2005, the gentleman from Flor- Americans would be living under the Federal Government organizations ida (Mr. MEEK) is recognized for 60 min- poverty line if it was not for Social Se- that are saying that there going to be utes as the designee of the minority curity. So when we start talking about major benefit cuts if we go to privat- leader. privatization of Social Security, it is a ization, to the point that where even Mr. MEEK of Florida. Mr. Speaker, very dangerous thing and something individuals who do not enroll in private once again, it is an honor to come be- that we should not play around with at accounts are going to receive cuts. fore this House of Representatives. I all. That is not fair. can tell you that this 30-Something I am proud that Democrats on this So that is the reason why we come to Working Group, Mr. Speaker, that our side of the aisle, and I would even say this floor, week after week, the 30- Democratic leader, the gentlewoman some of my Republican friends, believe Something Working Group, along with from California (Ms. PELOSI), has des- in strengthening Social Security with- others, to be able to talk about this ignated this time every week for the out slashing benefits that Americans issue. 30-Something Working Group to come have earned and making sure that pri- Now, tonight only are we going to to the floor to not only speak to the vate accounts are not a part of the So- have the gentleman from Ohio (Mr. Members but also have an opportunity cial Security debate or reality, because RYAN), who is always here, Mr. Speak- to share good information in general there is strong evidence, not hearsay, er, and Ms. WASSERMAN SCHULTZ, and with the American people, and that is strong evidence of major benefit cuts we have one of our 30-Something Work- why we are here, to represent them, to Americans that are counting on So- ing Group members, the gentleman Mr. Speaker. cial Security. from the Great State of Alabama (Mr. I want to say, in the last several I think it is also important, Mr. DAVIS), who will come before this great weeks, we have been talking about the Speaker, that the Members understand House to be a part of this discussion, issue of Social Security. I can tell you that, once we can get to the point that along with our ranking member on the that Social Security is not only at the we stop insisting on private accounts, Committee on the Budget, the Demo- forefront of the agenda in this Congress when it really does not add up for the cratic ranking member of the Com- but also has been promoted throughout individual that is receiving Social Se- mittee on the Budget and a part of the this Nation as being in a state of crisis, curity or that will receive Social Secu- Democratic leadership team in dealing which it is not. rity, I think we can get on to not only with the issue of the deficit and the So, tonight, the 30-Something Work- a serious discussion but action in deal- budget and responsible spending and ing Group, we have asked a member of ing with the question of Social Secu- also making sure that we do the right our caucus to come, the ranking mem- rity. thing. ber of the Committee on the Budget, We should not increase the debt by I would like to yield some time to the gentleman from South Carolina some $5 trillion and gamble on the fu- the gentleman from South Carolina (Mr. SPRATT), to come to talk to us a ture of Social Security. I think the (Mr. SPRATT). As you go to the well little bit about this double whammy American people deserve better. I there, I want to just let you know how

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.059 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3093 much I appreciate not only the hard tant. But in addition to that, this is a tleman is in the right position on the work that you have been doing but the moral problem. It is a moral problem Committee on the Budget, that this is fact that you have joined us here, the when we shove these mountains of debt Iraq, the early years. I mean, this is 30-Something Working Group. I know off on to our children and grand- going to be a long-term commitment of you have been really given to not only children. That surely is what we are the United States. We are there; we are the Democratic Caucus but informing doing. going to be there for some time. The the Congress on what we are doing and Quickly, let me just show my col- coalition is getting smaller. We need to what we are not doing. leagues what we have here. This chart, make sure that we provide for these I would like to say to the distin- which has its own mountains, shows us men and women and their families guished gentleman from Alabama (Mr. where President Clinton started in back here. DAVIS), feel free to be part of this, also 1993, at a deficit of $290 billion. On the So I just wanted to say that so that a member of the Committee on the floor of this House, by one vote, we the Members understand that we have Budget. passed the Clinton budget in 1993, one an overall responsibility, but some of Mr. SPRATT. Mr. Speaker, I thank vote; and every year thereafter the bot- the things that the gentleman is show- the gentleman for yielding. Let me say, tom line of the budget got better, bet- ing us here on this chart of the reali- I enjoyed serving here with your moth- ter and better, to the point where we ties that are obviously coming in the er, and she has every right to be proud had, as I mentioned a minute ago, a future and, on top of that, the Social of the service her son is rendering here. surplus of $236 billion in the year 2000. Security issue, is going to be a train He was well raised. Since the election of Mr. Bush in 2001, wreck in the making, if not already The young in this country, and you the budget has gone down and down there. fellows are young by my reckoning, and down every year; the bottom line Mr. SPRATT. Mr. Speaker, we can have a right to be concerned about the of the budget has gotten worse to the see it coming down the track. This course that our government, the Fed- point where we had a record deficit of chart depicts it as graphically as we eral Government, is taking under $412 billion last year. can make it. The deficit never rises President Bush. Obviously, we have a Now, the Committee on the Budget below, never falls below $350 billion, huge problem with our own budget, our and President Bush both tell us we and rises to $621 billion. Tally that up budget deficit. have a plan. We have a plan that will and we will see a mountain of debt President Bush enjoyed an advantage cut that budget deficit in half over the added over the next 10 years, and then that practically no President in mod- next 5 years. Well, we can cut a budget we have to pay debt service, we have to ern times has enjoyed. He came to of- deficit in half when we leave out some pay the interest on that debt; and that fice with a surplus that his economists of the biggest items that we are likely debt service begins to encroach upon projected to be $5.6 trillion between to face over the next 5 years. other necessities, other critical prior- 2000 and 2011, over a 10-year period of One of those is the cost of eventually ities of the government like education, time, an unprecedented surplus. dealing with the alternative minimum like health care. It was not just a projected surplus. tax. More and more taxpayers are hav- So this is why we are concerned, the The year before the year 2000, the last ing to pay the AMT instead of the reg- gentleman and I, and we, we are leav- fiscal year of the Clinton administra- ular tax; and when that problem is fi- ing to the next generation this legacy tion, the United States Government nally fixed, it will have to be politi- of debt. Surely, surely this generation ran a surplus of $236 billion. cally an inevitability, because it will, of Americans, like every generation, by 2010, affect 30 million tax filers. We which has strived to leave their chil- b 2000 will have to fix it. CBO says the 10-year dren a better life, a better world, a bet- That was the context, the fiscal con- cost in revenues lost to fix the AMT so ter economy, does not want to be re- text in which President Bush came to that it only applies to the upper brack- membered for leaving our children and office. et taxpayers for whom it was intended grandchildren a mountainous legacy of Today, when we closed the books on is $642 billion in lost revenues. debt; but that is the course we are on September 30, 2004, that fiscal year, we Then there is the cost of our troops right now. had a deficit of $412 billion. OMB is in Afghanistan and Iraq. We just passed Let me stop there so that we can still predicting a deficit this year, even an $82 billion supplemental. There is yield to the gentleman from Alabama bigger. But CBO has some good news. not a dime in the President’s budget (Mr. DAVIS). They tell us that revenues are coming after 2005 for the cost of those troops; Mr. DAVIS of Alabama. Mr. Speaker, in at a faster clip; and they are hopeful and CBO, the Congressional Budget Of- I thank my colleagues for yielding to that deficit will be coming down to $350 fice, has said we need to have some me. Let me begin by thanking my col- billion. But $350 billion is only some- kind of national estimation of what it leagues and my friend, the gentleman thing to cheer in the context of deficits is likely to cost to keep those troops from South Carolina (Mr. SPRATT), the that have been running at a level of there, assuming that they will be ranking Democrat on the Committee $412 billion, the highest level deficits in gradually redeploying. So they said, let on the Budget. The gentleman from our history, and we went there in just us assume that there will be 40,000 Florida (Mr. MEEK) and I have only 5 short years. troops, 20,000 in Afghanistan, 20,000 in served with the gentleman from South What we are effectively doing, I say the theater around Iraq for the next 6, Carolina (Mr. SPRATT) in the Congress this to the young people of America 7, 8 years. Their calculation is $384 bil- for a very short period of time, but the whom my colleagues represent, is leav- lion. That cost is left out of the Presi- gentleman has been such a stalwart on ing our children and grandchildren the dent’s budget. this issue during the time that we have tab for fighting a war, letting them pay So major items have been left out. been in Congress. for the lion’s share of it by simply add- We have gone back and put in items This is not a subject that necessarily ing it to the national debt. We are add- that are not contentious, not con- just jumps out at people as an exciting ing to national entitlements. We are troversial, but politically realistic; and or sexy subject, but it is so important cutting taxes, above all, and then bor- we can see from this chart that the def- to our country to talk about the prob- rowing to pay for the revenues we give icit does get a bit better, because the lem and the consequences from our up by the tax cuts and letting our chil- economy gets better; but 10 years from debt and our deficit. There is no one dren pick up the tab, pay the bill. now, we have a deficit of $621 billion; who has been more of a stalwart in this I often go to civic clubs; and I tell $621 billion. institution than the gentleman from them, there is clearly a fiscal problem Mr. MEEK of Florida. Mr. Speaker, I South Carolina, and I certainly thank for the United States Government’s think it is important not only that the him. As well, I welcome the person who budget, because the more we borrow, Members understand, but the American will follow me tonight, the gentle- the more interest we have to pay and, people also understand. I mean, the woman from Florida (Ms. WASSERMAN pretty soon, debt service begins to gentleman is the second most senior SCHULTZ) who has, in a very short pe- eclipse accounts in the budget, like member on the Committee on Armed riod of time, just since January, al- education, that are critically impor- Services; and I think that the gen- ready distinguished herself as one of

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.063 H10PT1 H3094 CONGRESSIONAL RECORD — HOUSE May 10, 2005 the ablest and most intelligent Mem- place. The gentleman from South Caro- MEEK) admired and whom I know you bers of this institution; and we are lina touched on that. He talked about admired a great deal, when he was in- thankful to have her here this evening. morality, and that word should not be augurated, he spoke on the idea of sac- I know that the gentleman from in any way omitted from this conversa- rifice and the idea of common burden Florida (Mr. MEEK) was in my district tion, because the morality of the mar- and obligation. He did not speak of a very recently, in Selma, Alabama, with ketplace is a very narrow morality. It sacrifice that falls only on working me during March of this year when we says that to whom much is given, families who need Medicaid in Ten- commemorated the march across the much will continue to be given. It says nessee and Mississippi and Alabama. Edmund Pettis Bridge; and the day that the strong shall have the oppor- He did not speak of the sacrifice that after that march, I had a town hall tunity to get stronger, and it says that falls only on veterans whose premiums meeting in that same city, Selma, and other than a little bit of sympathy and do not need to go up. He did not speak the purpose of the town hall meeting a little bit of charity for which we get of a sacrifice that falls only on families was to talk about Social Security and a tax write-off, we do not owe a whole who are needing section 8 housing and our country’s future. There was a mo- lot to the other people in our society. do not want the program gutted. He did ment at the end of the town hall meet- I think that if we are to be true to not simply speak of burdens and obli- ing that I want to share with the the legacy of this institution and true gations that fall on the weakest of us. Chamber of that night, because I think to the people in this country, that we I listened to the discussion that hap- it is so illustrative of the challenge need a broader public morality than pened in the hour before us tonight, that we are facing. this narrow morality of the market- and the eloquence of the gentleman There was a young woman who was place. We need a public morality, a way from Illinois (Mr. EMANUEL) on who has about 19. She said she was a college of talking in the public square about power in this Chamber, who has power freshman, and she stood up and she what we owe each other, what we owe in this institution. It is increasingly asked me and the panelists a question, our veterans, what we owe our young the most well-off among us, the most and her question was something like people, what we owe our working fami- narrow-minded among us who are com- this: she said, young people today, and lies, what we owe our college students, mitted to a very narrow pursuit of the younger workers today are paying into what we owe our disabled workers, private interest. That is a full-scale re- a Social Security system that may not what we owe all of the people who may treat, with guns blazing, from the idea be around or may not be around in its not sit in the circle of prosperity of what we owe each other as a people current, robust form for us young peo- today, but who desperately want to do and as a community. ple. So she asked the question, why do so and want to have a chance to sit So if our country is going to move we have to pay at all? Why do we as there tomorrow. forward, I say to the gentleman from young people, she said, have to even The budget resolution that we voted Florida, and if we are going to move pay into a system that may not be on 2 weeks ago and, essentially, we forward and become what I think that there for us? voted on it 2 months before that, be- we can be, we have to return to this When I heard that young lady make cause it did not change a lot from the idea that we do owe each other some- those comments, two things occurred House version to the final resolution thing more than sympathy, that we do to me. The first one is that we have passed by both Houses, it is a docu- owe each other a commitment to build- fallen a ways in this country if our ment that I think does not meet our ing a financial future that will work young people today are full of cynicism best moral impulses; it does not meet for our children. We owe each other a and not idealism; if our young people our best impulses about what we owe commitment toward a true and endur- today are wondering why we have to each other as a community. ing retirement security for our seniors. meet our burdens instead of wondering The gentleman from South Carolina We owe our young people a commit- why we cannot meet greater burdens, and others have detailed on this floor ment and an investment in their skills; something has happened to us that is and elsewhere the cuts to veterans, the and, finally, we owe our country a way of talking about politics and a way of wrong. cuts to our young people, the cuts to There was another thing that oc- all kinds of commitments and obliga- talking about our expenses and our ex- curred to me. tions that we have to our environment, penditures, a conversation and a dia- Sometimes I think in this Chamber to our workforce development system logue that somehow draws us together. The final point that I will make to- we have the illusion that we are argu- in this country; but once again, the night is, and so often I see this when I ing about money. We have the illusion stakes are broader. Because what this go back to town hall meetings in my that we are arguing about line items in budget does is to slowly but surely district, last night I was in Choctaw a budget, that we are arguing simply begin to walk away from the idea of County, Alabama in Butler, and so about techniques of accounting. That national commitment and national ob- many people are frustrated when they young lady’s comment made me realize ligation. It slowly but surely begins to see us arguing about things that do not we are arguing about something far walk away from the idea of commu- matter to them. more fundamental in this Chamber nity. every day, and I would define it this I make these final two sets of points b 2015 way: exactly what do we owe each before I yield to the gentlewoman from We have been here for 4 months, and other? Are we obligated to each other, Florida tonight. I happen to think that we have had a pretty busy schedule. We or are we cut off from each other’s we do have an obligation to get our fis- have voted on all of probably one really common destinies? That is what this cal house in order; there is no question truly important piece of legislation political debate is about, and I hope about that. We cannot sustain these this year, and that was the budget. We that is what the American people un- deficits; we cannot sustain this debt. It have had a lot of distractions, and we derstand this debate to be about. is unconscionable the President wants will keep having distractions on the As we saddle future generations with to add to it with his Social Security floor. debt, as we saddle future generations plan. It is unconscionable that the But the people are so frustrated that with the consequences of tax cuts that President does not have a long-range we are angry at each other over things we could not afford, as we saddle future plan to pull us back from deficit. that do not matter in their lives, and generations with our mistaken fiscal But this is what is the real moral they want us to repair to a higher choices, it is a retreat from the politics rub, I think, for a lot of us. So often in standard. So I thank the gentleman of obligation; it is a retreat from the the last 4 years, the Bush administra- from Florida (Mr. MEEK) for being here idea that we are connected to each tion and our friends and colleagues on tonight. Again, I thank the gentleman other and each other’s fate and each the other side of the aisle, the Repub- from South Carolina (Mr. SPRATT) for other’s destiny. lican side, have asked sacrifice, but his leadership and his wisdom. And I Increasingly what I fear is that we they only do it of some of the people. would be happy if the gentleman from are entering a world where the only John F. Kennedy, whom I admired Florida (Mr. MEEK) will yield to my morality that we recognize in our pub- greatly, and whom I know the mother good friend, the gentlewoman from lic space is the morality of the market- of the gentleman from Florida (Mr. Florida (Ms. WASSERMAN SCHULTZ).

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.065 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3095 Ms. WASSERMAN SCHULTZ. Mr. be a Republican is to balloon the def- differently from what the President Speaker, first, let me say what a pleas- icit, cause the Nation to go further and proposes, the worst they will get out of ure it is to have the gentleman from further into debt, mortgage our chil- Social Security. Thus far, Social Secu- South Carolina (Mr. SPRATT) join us dren’s future, cut health care, cut edu- rity, every generation would say, has for our 30-something working group. I cation, both in the lower grades as well been a success story. It has made the have to tell you, as the freshman in the as student loans. fabric of America a better country, a group, and the person who has been And if you look at our budget docu- better society. here for the shortest tenure, one of the ment that the gentleman from South A lot of young people walk up to me, most incredible experiences I have had Carolina (Mr. SPRATT) put together, it I would say to the gentleman from is to have the opportunity to learn also is an expression of our values and Florida (Mr. MEEK), and they say: I do from the gentleman from South Caro- the direction that we would take the not ever think I will see my Social Se- lina (Mr. SPRATT) and especially the country. Our budget document, as curity or at least nothing like what is inner workings of the budget and to be crafted by the gentleman from South promised to me. I am paying in big able to absorb the expertise, at least Carolina and the other Budget Com- bucks, 12.4 percentage points of my attempt to absorb the expertise that mittee Members would bring the budg- gross income, after accounting for the gentleman has been able to provide et into balance by 2012. It would make what my employer also pays. And I do this country with your leadership. So I sure that we do not cut the programs not ever think I will see what I am con- cannot thank the gentleman enough that are the most important to the tributing come back to me. for that. American people. And I tell them all, Social Security is And I really want to pick up on what What are our priorities? Education, not just a retirement plan. Social Se- the gentleman from Alabama was say- health care, making sure that we can curity is also a plan particularly for ing because this really is, the budget is improve the quality of people’s lives younger families. As a matter of fact, a statement of our values. It is our val- and making the world a better place as 37 percent of those on Social Security ues versus the Republican leadership opposed to improving the bottom line today drawing benefits are younger values. And it really is probably the of the pocketbooks of the wealthiest Americans who are disabled or have most comprehensive expression of the Americans. I mean, that is essentially had a family member, a breadwinner, direction that we believe the country what the ultimate goal was, clearly, of die, or they are the dependents of these should go in and the priorities that we the Republican budget document. And I particular beneficiaries of Social Secu- have in our caucus versus the priorities think it is important that we help lay rity. that they have. that distinction out in front of the Social Security provides the equiva- And, you know, it is interesting, look American people so that, over the lent for, let us say, a young couple, age at the group of us assembled here to- course of the next 18 to 22 months, they 27, two children, it provides the equiva- night. I do not think that you could can make a decision as to whether we lent of $403,000 in term life insurance. have a more eclectic group of Members want to continue to move in the rad- And for those who become disabled, no- than the Members assembled here. I ical direction that they are taking this body thinks he will, but many do; for represent a district, Miami Beach, Ft. country or if we want to get things those who become disabled, it provides Lauderdale and Hollywood. The gen- back on track. $353,000 in disability insurance, which tleman represents Alabama. The gen- Mr. MEEK of Florida. I thank the would be hard to buy in the individual tleman from Florida (Mr. MEEK) and I gentlewoman from Florida (Ms. market. And that is not to mention share communities. And the gentleman WASSERMAN SCHULTZ). I thought the Medicare, which comes with the Social from South Carolina (Mr. SPRATT) rep- gentlewoman and the gentleman from Security disability. Yes, sir. resents, you know, a district in South Alabama (Mr. DAVIS) shared some real- Mr. MEEK of Florida. If I may, I just Carolina. The gentleman from Ohio ly good comments. want to ask a question, because I think (Mr. RYAN) is here with us tonight. We I see that the gentleman from South this pie chart really paints the picture, could not have more diversity in our Carolina (Mr. SPRATT) has a board literally. People think that this Social caucus and more diversity represented there that he wants to share with us, Security debate, some people do, feel here tonight. and I know the gentleman has some that it is just about people that are al- And if you look at the homogeneity comments based on our comments. ready retired, and they are concerned on their side of the aisle, even when Mr. SPRATT. We have a number of about their retirement. Yes, valid they do not have homogeneity in their different deficits. One is the Social Se- point. They should be concerned be- caucus, they walk in lock step. They curity deficit. The actuaries at the So- cause we do know, and you were a fall in line. They do what they are told. cial Security Administration tell us Member of the 108th Congress and And that is regardless of the fact that that the shortfall in Social Security many congresses before that. The they have crafted a budget that clearly funding over the next 70 years is $3.7 President stood in the well there and says to the American people: We do not trillion. shared with us, if you are over 55 you care. We do not care about you. We do What Mr. Bush is now proposing as a do not have anything to worry about. not care about making sure that your purported solution to that is to allow But I remember vividly in the 108th children have a quality education. We workers to divert 4 percentage points Congress, when we talked about the do not care about making sure that if off their payroll tax, one-third of their prescription drug benefit plan, they your child is sick that you can afford payroll taxes into private or personal said it would be $350 billion only, and to take them to the doctor. They have accounts and away from the Social Se- now we know it is $724 billion and prob- engaged, at least since I have been here curity trust fund. This will have enor- ably climbing as it relates to costs. and that I have been able to note, in mous consequences. But disabled workers, that can hap- slash-and-burn politics. First of all, everyone can see that it pen any time in your lifetime. I mean, the thing that I think is the is counterintuitive. If you have got a Mr. SPRATT. And it does. One in most interesting is that, over the time trust fund which is $3.7 trillion, do you seven workers ends up on disability be- that I have been involved in public resolve that problem by diverting a fore retirement service, you know, we are constantly third of the revenues away from that Mr. MEEK of Florida. And that is So- trying to figure out, and the American fund, so that you virtually double, and cial Security. And what we do know, public, people, I think, are trying to then some, the shortfall in the ac- and I hope that you would get an op- figure out, how do you define a Repub- count? portunity to talk about, the Presi- lican, and how do you define a Demo- That does not square with anybody’s dent’s plan cuts benefits twice on one crat? understanding of how to resolve this of the charts that I know you have And I think that the budget docu- problem. But it is of particular concern there, to let the American people know ment that they have put forward is for younger Americans, because they that and also Members know that when probably the best expression of how will be paying substantial sums into you go to privatization that you lose you define what it means to be a Re- Social Security, and they may get, un- benefits. I mean, that is what the publican. And clearly, what it means to less the reform being discussed is done record is reflecting right now. And I

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.067 H10PT1 H3096 CONGRESSIONAL RECORD — HOUSE May 10, 2005 think it is important that everyone un- The green amount beneath that we would have won the whole political derstands what is happening. shows the traditional Social Security debate. This has been an extraor- Mr. SPRATT. This chart shows it as benefit to which you are entitled; in dinarily successful program and part of graphically as we can express it. There 2015, it makes up most of your benefit. the reason it has been successful is the are two claws impinging on Social Se- But by 2045, about half of your benefit stake that we all have in its benefit. curity under the President’s proposal. is traditional Social Security, and half I make one other point tonight. A lot First of all, most Americans do not un- is in your private account. of our colleagues on the other side of derstand this, but when you go to re- When you get to the 70th year, al- the aisle say, well, you Democrats have tire, if you have elected to put money most all of your benefit is coming out been criticizing our proposals. Why do into a private account, the first thing of the private account, and only a you not come forward with a better you will have to do before Social Secu- small part, this little green tip down and stronger plan for saving Social Se- rity computes your benefits is pay So- here, is coming from traditional Social curity, and never mind that the Presi- cial Security back. That private ac- Security. So we are going to ask you, dent has no plan to make it solvent, count, that ownership account, is real- the young people of today, the families why do you all not come to the table ly a loan from the Social Security Ad- that are 30-something with kids, rais- with one? ministration. You have to pay back, ing them, to continue paying that 12.4 There is a part of this debate that we upon retirement, every dollar you have percent in the traditional Social Secu- should not miss tonight. Part of the diverted into a private account plus in- rity, only to get this in the way of tra- reason that we are expecting a gap in terest at 3 percent over the rate of in- ditional benefits out of it. It is going to Social Security financing, a shortfall flation. That means that there will be change the nature of the program in in Social Security financing, is because a significant privatization tax which ways that cannot even be fully antici- of this administration’s estimates of gets bigger and bigger over time, de- pated. slow growth in the next 30 to 40 years. pending on how many years you are in Mr. DAVIS of Alabama. Mr. Speaker, And a Republican Party that used to the work force. let me follow up on the comment that pride itself on economic optimism even In addition to that, there is another the gentleman from South Carolina in the face of no evidence has now be- factor buried in all the detail which is (Mr. SPRATT) just made, because a lot come the party of slow growth. They critically important because it changes of very reasonable people, as you know, tell us that our productivity will inch the nature of Social Security. And that believe that this scenario you described around at a rate of around 1.9 percent is that basic benefit computation will is not accidental. It is not just a by- for the next 30 years, or our growth be free formulated. Let me express that product of the President’s strategy, but rate will be around 2.1 percent. What is the reason that they project differently. it is, indeed, the President’s strategy, slow productivity and slow growth? Today, when you go to retire, the to turn Social Security, which is a uni- The major reason is because right now clerk at Social Security takes all your versal benefit that the American peo- in our country the gap between skilled earnings from age 14 onward, takes the ple collectively pay into, to transform highest 35 years, averages those, brings and unskilled workers is more pro- it from that world into a world, frank- nounced today in the middle of the them up to a present value, and then, ly, where it looks like a conventional each year, the amount of income that first decade of the 21st century than it welfare program, a program where very was in the early 1970s and the late you can get is dependent upon a for- poor people receive a benefit from it 1960s. mula that is used to derive what is and the rest of the population receives In other words, the gap between the called the PIA, the primary insurance very little. people who know how to do the work in amount. You get 92 percent of the first Now, what happens to those kinds of this country and who are trained to do $627. You get 30 percent of the next programs? Number one, the Repub- and those who are not so lucky or so $3,779, and you get 15 percent of every- licans cut them every year. They do fortunate is greater than ever. thing else. That is complicated. not fare very well in this budget proc- That is creating an albatross on our But the net result of that is that ess. If you look at the programs that whole economy. And if we are serious lower-income workers tend to get we have in this country that we fund about tackling the Social Security more, a better deal out of Social Secu- out of our sense of charity, Section 8, problem, we have got to come up with rity than the higher-income workers walking away from it, housing, dealing a growth strategy. We have got to do. It has this effect to it that makes it with the disabled and mentally ill, all come up with a strategy to close that a social insurance plan and not just a the programs that we fund out of our gap between skilled and unskilled retirement plan. altruism, unfortunately, those are the workers. And the extraordinary thing If you change the way that benefit is programs that are getting cut. I do not about this budget is that it cuts money indexed every year, which the Presi- believe that this is an accident, that for workforce development. It cuts out dent proposes to do. Today that basic the Republican party and President of programs like Upwards Bound and benefit will be indexed and changed ac- the United States are taking this plan TRIO that take at-risk kids and give cording to the rate of inflation and that has worked enormously well and them a leg up. It cuts economic devel- wages in our economy. refashioning it into a program where, opment programs. It cuts all of the The President wants to change it to frankly, people will have less of a stake things that would narrow and close price inflation. That is economic talk. in paying into it. down the gaps that exist in American But it is critically important in a prac- The second observation, I would say life. tical sense because, over a 70-year pe- to the gentleman from Florida (Mr. In other words, at a time when we riod of time, it will slash in half the MEEK), is that it is indisputable that ought to be investing more in our fu- basic benefit to which you are entitled Social Security is the most successful ture, we are investing less. Once again from Social Security. And this chart government program in the last hun- it takes us back to the point that the shows it right here. dred years in terms of its ability to gentlewoman made about the funda- Someone who is retiring in 2075, born move people from the margins of life to mental definitional divide between in 2010, a couple of years from now, 42 a state of security. When Social Secu- these parties. percent of his accumulated benefit in rity was passed in 1938, 52 percent of President Clinton who grew 22 mil- his private investment account will the seniors in this country lived in pov- lion jobs in his Presidency understood have to be paid back to Social Secu- erty. that when you spend money on edu- rity; 56 percent of the remaining cation, when you spend money on amount will be diminished by the re- b 2030 worker training, when you spend calculation, the reformulation which Today that number is down to 9 per- money on developing skills you are President Bush is proposing. So we cent. making investments. And those invest- have what is left that this chart shows. If every other government program ments reap an enormous return for this You start out with the big blue bar, all had been as effective in reducing pov- generation and the next one. along here. That is scheduled benefits erty, there probably would not be more So I say in conclusion before I take under Social Security. than 20 or 25 Republicans here because my leave tonight that if we are to deal

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.068 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3097 with this problem of Social Security bonds will not only continue to ensure Mr. MEEK of Florida. Mr. Speaker, if having a shortfall over the next 30- benefits in full; they will actually add I can, before we walk too far away, be- some years, if we are to deal with these to the surplus, the corpus of the trust fore we walk too far away from what gaps that exist in our skilled and un- fund, so that in the year 2027, $6.5 tril- the gentleman said, the fact that he skilled workers that lead to the slow lion will be in that cache of Treasury was here in 1983. I will tell you how growth the administration promises us, bonds held by the trustees of Social Se- this argument works. we need a different set of priorities. We curity. In 1983 I was in high school. I was a need to remember the value of expendi- Now, at that point in time the inter- senior. The gentleman is still a good tures that are investments. est income will no longer be adequate man. I was a senior in high school. And Ms. WASSERMAN SCHULTZ. Mr. to fully cover the benefits outgoing, we know in that year it took a lot of Speaker, what I wanted to do is take but with $6.5 trillion in Treasury leadership because there was a big off from what the gentleman from Ala- bonds, by redeeming those bonds the Democratic majority here in this bama (Mr. DAVIS) was saying because system is assuredly solvent until 2041. House and in the other body across the the President started out this debate 4 As the gentlewoman just said, the ac- hall. There was a Republican in the months ago following the election say- tuaries of Social Security are paid to White House, but on behalf of the ing that Social Security is in crisis, be conservative. They are paid to be American people, and there was a true that Katie bar the door, we have to do very, very cautious and they are. The crisis and the gentleman described it. something, we have to do something rate of growth they are assuming is a And I just happen to have the vote now; and if we do not, then the world very, very modest rate of growth. We here. will essentially come to an end. do not want to be fools, so we take a Here in the House it was 243 people Now, he has gradually backed off very conservative view of things. But that voted for it, voted for that bipar- that and you do not hear the word ‘‘cri- the CBO has taken a slightly more re- tisan proposal. It took leadership in sis’’ out of the President anymore. You alistic view of the future and they say, this House and in the White House, and hear more along the lines of what we we think you will make it to 2052. We that is what it will take in this debate. have been saying which is there is a think the system then will be able to In the other body, we had 58 of our col- problem that needs addressing; and we pay out 78 cents on the dollar, not fully leagues down the hall, 58 of them vot- have been saying that because you but substantially, and after that some- ing for it at the time. have the strength of a 70-year safety thing in the range of 78 cents on the That was a bipartisan bill. It was not net in place, that we should not be irre- dollar. something that was one sided, and that sponsible about how we reform it. We So the system is faced with problems is what is wrong with this debate now. should not be irresponsible by slashing down the road, but we have got time to I want to make sure that Members a gaping hole in that safety net fix them. The sooner the better; and if and the American people understand. If through which millions of people would we fix them right, we will not have a we were in the majority, we, Demo- fall. problem. crats, that it would be a bipartisan ap- And because this is the 30-something I was here in 1983. Social Security proach because many folks do not un- Working Group, I have often pointed really was in trouble in 1983. Some derstand, well, why are they talking out that when we talk to our friends, forecasted that it would scrape bottom, about it? Why do they not just do it? our peers who are also members of our run dry in the retirement trust fund in Well, we want to do it. The gentle- generation, I know I ask my friends if July of 1983. President Reagan got to- woman from California (Ms. PELOSI), they think that Social Security will be gether with Tip O’Neill and the leader- our Democratic leader, wants to do it. there for them when they retire. I am ship of the Senate. We appointed a The gentleman from New York (Mr. 38. The gentleman from Florida (Mr. truly bipartisan representative board. RANGEL), the ranking member on the MEEK) is 38, and we have friends who do You had Mr. Greenspan at one end. Committee on Ways and Means, want not believe that Social Security will be Claude Pepper at the other end. Dan to see a bipartisan approach. But that there. Yet, if we look at the numbers, Moynihan here. Jim Baker there. They is not happening right now, and that is all the reliable numbers, the ones right got together and they came up with a the reason so many things are hap- from the Social Security Administra- menu of different choices to which pening to the American people in this tion, the first instance that we have every stakeholder contributed some- debate. even a concern about whether or not thing. And the result was the system Mr. Speaker, I yield to the gentleman we are going to be taking in as much as was made assuredly solvent for the from Ohio (Mr. RYAN). we are paying out is 2041. next 60 years. Mr. RYAN of Ohio. Mr. Speaker, I Well, I will be 74 years old in 2041. That can be done again. There is no thank the gentleman from South Caro- And if you are using the more reason- reason we cannot do it again, and ev- lina (Mr. SPRATT) for being here and able, non-Dooms Day numbers, it is erybody then can breathe easily. But raising the intellectual level of this de- more likely that 2051 is when we begin you cannot do it and incorporate these bate that we usually have. to approach a problem. I will be 84 private accounts which are carved out Mr. Speaker, I had a town hall meet- years old. Now, that is about 20 years of Social Security and make the short- ing last night on Social Security in past normal retirement, so the sky is fall today twice as large as it actually Green, Ohio, just south of Akron. And not falling. is. it was 2 or 3 to 1 against any kind of There is a problem and a responsible Ms. WASSERMAN SCHULTZ. What I privatization. government will recognize that prob- wanted to bring out was exactly what There was one point I wanted to lem and take the time to make the the gentleman was talking about. We share tonight. There was a woman who changes that we need to make without have a problem that needs to be ad- was there who said she was actually for throwing out the baby with the bath dressed. But we can not throw our Na- the private accounts until she, I think, water. tion’s retirement security, our con- found out a little bit more about them. Mr. SPRATT. Mr. Speaker, following stituents’ retirement security, to the The 4 percent that the President says up on what the gentlewoman has said, whims of the stock market and then that you can divert and put into a pri- this chart spells it out, it is a little add insult to injury by saying that we vate account, she made $19,000 a year. busy, but the President and others who are going to adjust their benefits based Now, 4 percent of her income, of $19,000 are claiming there is a crisis point in on the price index as opposed to their a year, is never going to be enough for 2017, 2018 as a pivotal year, that is the wages, because obviously wages grow her to be able to retire on. year when incoming dedicated reve- more quickly than prices do. And there was a gentleman who was nues will be exceeded by outgoing So their benefits are going to be cut there who said that he made 30-some scheduled benefits. But Social Security both through the indexing and through thousand dollars a year his whole life, at that point in time, the trust fund the privatization and on top of that never any more; he did not have any will be sitting on a reserve, a cache of will add to the deficit. money to put extra into these personal U.S. Treasury bonds equal to $4.7 tril- This is about the most irresponsible accounts. What he would have put in, lion. The interest on those Treasury proposal that I have ever heard of. he went back and did the math, would

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.070 H10PT1 H3098 CONGRESSIONAL RECORD — HOUSE May 10, 2005 have never worked out to him receiv- debt which we shove off into the future Committee on Rules submitted a privi- ing the kind of money that he would for our children to pay. leged report (Rept. No. 109–77) on the have been able to get through Social Mr. MEEK of Florida. I thank the resolution (H. Res. 269) providing for Security. gentleman from South Carolina (Mr. consideration of the bill (H.R. 1544) to So it may sound good that you are SPRATT). I yield to the gentlewoman provide faster and smarter funding for making a lot of money every year that, from Florida (Ms. WASSERMAN first responders, and for other pur- hey, I will get a little extra and put SCHULTZ). poses, which was referred to the House that in the market too. But what about Ms. WASSERMAN SCHULTZ. Mr. Calendar and ordered to be printed. those people who are struggling now Speaker, I just appreciate the gen- f more than ever, making 19, 20, 25, tleman from South Carolina’s (Mr. REPORT ON RESOLUTION PRO- $30,000 a year. Four percent of that is SPRATT) and the gentleman from Flor- VIDING FOR CONSIDERATION OF peanuts to say that you will be able to ida’s (Mr. MEEK) leadership and the op- H.R. 1279, GANG DETERRENCE retire on. portunity for us to help explain to our So as we have this debate about the generation what the ramifications will AND COMMUNITY PROTECTION personal accounts, I think it is very be if the President’s proposal goes ACT OF 2005 important for us to recognize that di- through. I think it is real important Mr. SESSIONS (during the Special verting 4 percent of your Social Secu- that we plug the Web site, and the gen- Order of Mr. MEEK of Florida) from the rity taxes into this is never going to be tleman from Florida (Mr. MEEK) has it Committee on Rules submitted a privi- enough for this to retire on. up here on the board. leged report (Rept. No. 109–76) on the Mr. MEEK of Florida. We even want resolution (H. Res. 268) providing for b 2045 e-mails from Members, but definitely consideration of the bill (H.R. 1279) to That was really the only point I from the American people and others. amend title 18, United States Code, to wanted to make here. I want to thank [email protected] is reduce violent gang crime and protect the gentleman for joining us. Through- our e-mail address. We always look for- law-abiding citizens and communities out, since I have been here, he has been ward to receiving e-mails. from violent criminals and for other the guru on the budget. We all follow As we close, I just want to not only purposes, which was referred to the his lead. So I thank him very much. commend the gentleman from South House Calendar and ordered to be Mr. MEEK of Florida. Mr. Speaker, Carolina (Mr. SPRATT) for his leader- printed. we have about 3 minutes left. So if the ship but for the leadership of this f gentleman from South Carolina (Mr. Democratic Caucus here in the 109th SPRATT) wants to make some closing Congress and the 108th Congress, which FURTHER MESSAGE FROM THE comments, he can. I have served in, and presently serving SENATE Mr. SPRATT. Mr. Speaker, there is in the 109th, for standing up and saying A further message from the Senate one thing we have not spoken about. what is right, making sure that we by Mr. Monahan, one of its clerks, an- We have talked about the budget def- watch out for future generations; just nounced that the Senate agreed to the icit. We did not speak about the trade for the charts that are being generated report of the committee of conference deficit, $666 billion, also an encum- out of the gentleman from South Caro- on the disagreeing votes of the two brance we are leaving our children. We lina’s (Mr. SPRATT) committee staff Houses on the amendments of the Sen- did not talk about the jobs deficit. In and from the gentleman, I tell the ate to the bill (H.R. 1268) ‘‘An Act Mak- the last recession, 2.5 million manufac- American people and also I tell Mem- ing Emergency Supplemental Appro- turing jobs, the best of our jobs, were bers of the majority side, if it is about priations for Defense, the Global War lost, that have not come back. Service defense, then 44 percent of our debt is on Terror, and Tsunami Relief, for the jobs have but not manufacturing jobs. owned by foreign countries, up dras- fiscal year ending September 30, 2005, One of the solutions to all of this has tically since President Bush has taken and for other purposes.’’. got to be education. We have got to office. The message also announced that the have a workforce that is educated as This chart that the gentleman Senate has agreed to without amend- never before in American history, showed dealing with retired workers of ment concurrent resolutions of the adaptable, keen, intelligent, quan- 62.8 percent that is dealing with Social House of the following titles: titative, and if we look at the budget Security, that the benefits they are re- H. Con. Res. 26. Concurrent resolution hon- the President sent us for the first time ceiving, 13 percent of workers that oring the Tuskegee Airmen for their bravery since 1988, a President of the United have disabilities. I mean, these are real in fighting for our freedom in World War II, States requested less for spending on issues that are facing families in Amer- and for their contribution in creating an in- education than we are currently spend- ica right now, and this is a moral issue tegrated United States Air Force. H. Con. Res. 127. Concurrent resolution ing at the present time. as the gentleman mentioned. He wipes out vocational education, calling on the Government of the Federal Spouses with children, 10.1 percent, Republic of Nigeria to transfer Charles $1.3 billion. Wipes out the drug free and survivor benefits, the highest out- Ghankay Taylor, former President of the Re- schools. Wipes out GEAR UP for under- side of retired workers, 14.1 percent. public of Liberia, to the Special Court for Si- privileged kids who want to get a col- These are individuals that their loved erra Leone to be tried for war crimes, crimes lege education. Wipes out Even Start. ones, mothers and fathers, have passed against humanity, and other serious viola- Wipes out educational technology. on, and they are living on the benefits tions of international humanitarian law. There are some plusses and puts and that they left behind. Sometimes that The message also announced that the takes so that a lot of these do not come is all they had to leave. The most Senate has agreed to a concurrent reso- out on the bottom line, but when we shocking chart that the gentleman pro- lution of the following title: consider everything, this is the least vided to all of us here is how the ben- S. Con. Res. 31. Concurrent resolution to forthcoming education request at a efit structure goes down, 34,587 cut. correct the enrollment of H.R. 1268. time when education was never needed I want to thank the gentlewoman f as much as it is now. So we have got an from California (Ms. PELOSI), the EDUCATION IN THE UNITED education deficit as well. Democratic leader, once again for al- STATES That is why we are out here tonight, lowing us to have this time. to talk about the 20-somethings and f The SPEAKER pro tempore (Mr. the 30-somethings and what they can MARCHANT). Under the Speaker’s an- expect for the future of America. We REPORT ON RESOLUTION PRO- nounced policy of January 4, 2005, the have got deficits, which means that we VIDING FOR CONSIDERATION OF gentleman from Delaware (Mr. CASTLE) are leaving negative legacies in numer- H.R. 1544, FASTER AND SMARTER is recognized for 60 minutes as the des- ous different areas that we have got to FUNDING FOR FIRST RESPOND- ignee of the majority leader. reverse, we have got to undo, and it ERS ACT OF 2005 Mr. CASTLE. Mr. Speaker, I am starts with the budget. We simply can- Mr. SESSIONS (during the Special pleased to be here. I am pleased to fol- not keep stacking up mountains of Order of Mr. MEEK of Florida) from the low the 30-Somethings, although I am a

VerDate jul 14 2003 05:15 May 11, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.072 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3099 little bit old for them. I think the gen- student will not only have access but Flexibility on testing students with tleman from South Carolina (Mr. will also receive a quality education. language barriers: Again, there are de- SPRATT) might be a little bit old for The Federal Government has spent mands that the kids be able to master that as well, but I want to talk about more than $300 billion on K-through-12 the English language and be able to a different subject matter, as inter- education since 1965, which was the test in that language eventually, but esting as Social Security is, and I will date of enactment of the Elementary we are seeing the need for some slow- share time with the gentleman from and Secondary Education Act. Yet that down there. Michigan (Mr. EHLERS), my distin- significant academic achievement gap Flexibility for rural schools on high- guished friend, on this subject which is that I referred to between disadvan- quality teachers: High-quality teachers essentially dealing with education in taged students and their more affluent mean basically teachers who are pro- the United States of America and the peers still exists in key subjects, such ficient in the subject matter which Federal role in education which is as reading and math. they are teaching, and obviously, if frankly largely not understood by ev- According to the recent national you are a math teacher, you are pro- erybody who deals in education in this data on this subject, by the time Afri- ficient in math. You studied math or country. Perhaps we can bring a little can-American students reach eighth history or English or whatever it may bit of light to that. grade, only 12 percent can read pro- be; you studied that particular subject. The starting point here is really the ficiently, and only 7 percent are pro- But obviously it is not always that Elementary and Secondary Education ficient in math. Nationally the easy, particularly in rural areas, par- Act, which is right now 40 years of age. achievement gap between Hispanic and ticularly for teachers who are teaching It was 40 years ago last month that Caucasian fourth graders is 29 percent- more than one subject, that they be President Lyndon B. Johnson signed age points. highly qualified in that area. So some what we know as ESEA, the Elemen- We have allowed ourselves to believe latitude has been issued as far as that tary and Secondary Education Act, that some children are simply beyond is concerned. into law, and the core mission of that our reach. No Child Left Behind is Flexibility of student attendance Act when he signed it into law 40 years rooted in the belief, a different belief, issues: Some of the attendance num- ago and was really one of the times the that all students, regardless of race, bers were high, demanding some flexi- background, income, geography or dis- Federal Government has really got in- bility, although not much, was intro- ability, can learn and must be given volved in education was to help dis- duced in that particular category. the chance to do so. Flexibility toward raising student advantaged students improve academi- In the true spirit of President John- achievement, a new path for No Child cally, certainly a laudatory goal I son’s vision, and like many other laws Left Behind, and again, that is an im- think as far as any of us are concerned. that passed during the Great Society, We have now enacted No Child Left portant subject in terms of where we we are helping all students. Behind, and many people refer to that As Brent Staples recently wrote in are going to advance as far as No Child as if it is something separate and dif- the New York Times, No Child Left Be- Left Behind is concerned. ferent and new. What it really is, a lot hind happens to be the best hope of So the Department, I think, has been of the elements of the Elementary and guaranteeing black and Latino chil- a lot more flexible than anyone has Secondary Education Act with an over- dren a chance at equal education. Its really given it credit for in terms of lay of some additional requirements as core requirements that States educate what they have done. They continue to far as standards and assessments are minority children to the same stand- review this, and some say, Well, what concerned. ards as white children breaks a century is happening in the Congress of the President Johnson, when announcing old tradition of educational unfairness. United States? his plans for the Great Society touted I think that captures that as well as We, in the Congress, will look at this the goal of an end to poverty and racial it can be captured in a short sentence again, not this year or next year but injustice. When addressing education or two. the year after that in what we call re- specifically he said, The Great Society For the past 3 years, the Federal authorization. So, in the meantime, is a place where every child can find Government, States, school districts, the Department of Education is doing knowledge to enrich his mind and to parents and especially students have its job, and we are preparing to do our enlarge his talent. been dedicated to reforms that ensure job as far as the reauthorization is con- The ESEA arguably triggered the no child is limited. We are engaged as cerned to make sure that this program most significant Federal role in ele- a Nation in a continuing dialogue works. mentary and secondary education. about our public education system. De- The bottom line is that students re- When he did sign that Act into law, spite the often unfavorable tone, the alize that there are standards in place President Johnson explained that, ‘‘By fact remains that people outside the now in all 50 of our States. There are passing this bill, we bridge the gap be- education community are focused on assessments in the form of testing in tween helplessness and hope for more reforms established by No Child Left place in all of our States, and probably, than 5 million educationally deprived Behind. No Child Left Behind has its this will eventually go on as a matter children.’’ skeptics, and change is never easy. of fact to high school, as well as the So where are we now some 40 years Many have complained that the De- grades which it is in now, in a more later as we look at No Child Left Be- partment of Education has been informal sense than it does at this point. hind? Well, progress has been made flexible with implementation. This has Mr. Speaker, most recently, Sec- since the enactment of the ESEA, and not, however, been the case. The U.S. retary Spellings, who is now our Sec- sometimes, it is hard to measure that, Department of Education continues to retary of Education, by the way, and, I but I think by any standards, if you not only be an important voice in help- think, doing a splendid job, announced look at the various aspects of that Act, ing to implement the law but an ear to a set of guiding principles to help we can certainly claim that there has some of these negative accounts. States implement No Child Left Behind been progress. Nearly 4 decades later, Some of that flexibility I have put on while taking their unique situations however, poor and minority children this chart, which I have to my left, into consideration. still lag well behind the education that they have undertaken, particu- I know my State, which is the State curve. It obviously has been through a larly in the last 2 years. of Delaware, is that we have had a cou- lot of cycles, kids going first through The first of these is flexibility on ple of submittals of different plans that 12th grade in that 40 years. testing students with disabilities. It have been accepted, and there has been In fact, a huge gap still remains when has been shown that some of these stu- a great deal of flexibility as far as the it comes to ensuring that all kids are dents simply are unable to stay up at a States are concerned, but these prin- actually learning. No Child Left Behind class level with other students, and ciples include ensuring students are built upon numerous reauthorizations some flexibility was introduced in learning, making the school system ac- of the Elementary and Secondary Edu- order to address that, mainly in the countable, ensuring information is ac- cation Act and was driven to eradicate percentage of children who would be cessible and parental options are avail- this problem and to ensure that every exempted from the testing. able and improving the quality of

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.075 H10PT1 H3100 CONGRESSIONAL RECORD — HOUSE May 10, 2005 teachers. To me, it is pretty hard to I believe my colleague will probably year. But they earn it because they fight these things. To me, that makes discuss that later and show a graph have studied hard to learn math and a heck of lot of sense in terms of edu- which shows how rapidly it has in- science, and they have learned it well. cating the young people of America. creased under the Republicans. Repub- Our country in the future is going to If a State is meeting all of these prin- licans are the true friends of education need good technicians, good mathe- ciples, the Department will take that and have been for years; and this is a maticians, good scientists, good engi- into account when discussing amend- dramatic demonstration of it, increas- neers, but also good factory workers, ments to State accountability plans. ing 148 percent in our funding over a because the jobs in the factories are This approach, if carried out fairly and short number of years. changing. Jobs in retail are changing. in the true intent of the law, could help Now that I have that off my chest, I Jobs in many areas of life are chang- some issues that have been raised will talk about math and science edu- ing, and we have to do a better job throughout the implementation proc- cation. The No Child Left Behind bill than we have been. ess. contains some provisions which were How have we been doing compared to So this is being looked at. These de- not in there before, and that is that other countries? The Third Inter- mands are being made. In a moment, I students not only will be tested on national Mathematics and Science am going to return to this and talk reading but also on math and science. Study, which occurred a number of about the funding and talk about some They are being tested on mathematics years ago, was very revealing. In the of the student test scores and how they right now to find out how well they are United States, the fourth grade was a are doing better now than they were learning and how much they are learn- little below average in mathematics. before as we understand the difficulty ing. In the year 2007–2008, for the first By eighth grade, we were way below of the greater demands which are there time, they will be tested on science. average. By high school, our students, but of making absolutely sure that And States are, as we speak, drawing our high school students compared to that is translated into help for our up requirements, standards that the those of other industrialized countries children across the United States of students must meet, and they are de- were second from the last. America. veloping appropriate tests for those Now, I have never regarded America as a Nation to be second from the bot- b 2100 standards. Now, why is math and science so im- tom. I have never regarded our Nation Before I do that, Mr. Speaker, I want portant? A lot of people think, well, it to be average. We should be better than to yield to my good friend, the gen- is great if you want to be a doctor or average. But our students are not per- tleman from Michigan (Mr. EHLERS). I an engineer or a scientist, fine, take forming in mathematics. must just say this: my colleague has a math and science. But if you do not A similar test for physics was even scientific background. He is, I hate to want to be any of those, why bother? worse. We were dead last of all indus- use the word fanatic, but I can almost Well, I will tell you why it is impor- trialized nations in high school phys- use it in this case, because when it tant. Because the jobs of the future are ics. More recent tests bear the same comes to math and science, there is no simply going to require that the indi- trend out. We are just not meeting the person probably in the history of this viduals applying for those jobs have an needs of the future. We are not com- Congress that has been more of an ad- understanding of the basic principles of peting with other nations. We are los- vocate for this than he has. And by an science and mathematics. It is that ing ground to them. advocate, he goes out to see if there are straightforward. A lot of people say, why do kids real- laws he can change, speeches he can I can give a good example of that just ly need it? Well, I talked about the jobs make, writings he can pursue in order in my personal experience. Last year, I of the future, but let me outline that it to shift policies. And he has made a dif- was driving down the highway and lis- is more than just that. We need sci- ference as far as that is concerned. He tening to National Public Radio, and entists and engineers to provide the has been a stalwart friend of mine and they were doing a story about grease kind of innovation that will keep jobs a stalwart friend of, I think, everybody monkeys, or what used to be called here. We constantly complain about in education. He has been on the Com- grease monkeys, mechanics who work jobs going to China, to Mexico, to mittee on Education and the Workforce on cars. In the course of doing the Thailand, and to India. Why are they with me for a number of years now, and story, they interviewed a service man- going there? It is not just the different so it is always a pleasure to work with ager of a dealership and asked, what do wage rate. It is the fact that they have him. you look for when you hire a new me- highly trained scientists and engineers, So at this time I will yield to him, chanic? He said, first of all, they have whereas in America, engineering en- Mr. Speaker. to have had high school algebra and rollments have gone down steadily for Mr. EHLERS. Mr. Speaker, I thank high school physics. the past 20 years, just starting to come the gentleman for yielding to me and That was amazing to me, because up the last couple of years. for the glowing introduction. I would when I graduated from high school In China, they went from producing return the compliment, and the gen- many years ago, those who were plan- far fewer engineers than we do to pro- tleman from Delaware has done a su- ning to become mechanics did not take ducing more than four times as many perb job of chairing the subcommittee physics or algebra because they did not engineers every year as we do, and they dealing with education. I appreciate his need it. They were planning to be me- are beginning to innovate. They are be- efforts. He deals primarily with K–12 chanics, so why bother taking it. But ginning to develop new products. They education and is largely responsible for the world has changed. The cars back are developing new factories, and we all the good things that we have done then had no computers under the hood. are falling behind in that. and that he has been talking about. Today, there are literally hundreds of But there are other reasons to teach My first comment is simply one I microchips under the hood of every car. math and science. Consumers today have to get off my chest, because I And anyone who wishes to be a me- need to know when they are in the heard so many falsehoods about this chanic had better understand how to do marketplace, they have to know some- last year during the campaign when in- the diagnostics, how to read the curves thing about science to read all the la- dividuals were asserting over and over and graphs the diagnostic equipment bels on materials and understand what and over that we Republicans had displays. And so that is just one exam- there is in these foods and what is in passed No Child Left Behind, but we ple out of many. these products they are buying, wheth- had not provided funding for it. That is My district has a lot of manufac- er they are safe or not, and how do you just utter nonsense. If you look at the turing, as does much of Michigan; and read the labels, the content labels and history of what the appropriations when I tour those factories, it is a dif- the warnings. were from the Federal Government for ferent world today. The people who Also, voters have to know. Today, K–12 education before No Child Left Be- work on those machines understand with referenda, particularly in Cali- hind was passed and what they have math and science. And if they do not, fornia, they frequently have referenda been after, it is clear that there is a they will not get that job. They are on things such as the environment. huge difference. making good money, $60,000 or $70,000 a Last election they had one on stem

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.076 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3101 cells. How are the people supposed to The way to teach science is by doing subject. I am afraid sometimes the rest vote on these if they know nothing it, not by talking about it; and that we of us do not take as much note of it as about math and science? have to get across. Because the kids he does. Perhaps we had a little trouble Math and science also produces love science if it is taught by doing it. with the math and science ourselves, I thinkers and learners. It is a different They love doing the experiments. They guess. But I understand how important learning process to learn math and love figuring it out. But if they have to that is. Every time I talk to compa- science. I hear this a lot from people: just sit and read a book and memorize nies, to people who come into Delaware oh, it is so hard. Do our kids really all the terms of science, it is not going looking to locate in Delaware, they have to take it? Or, I just could not get to appeal to them, and they will not make a big fuss about that. We happen math when I was in school. I hear this learn what science is all about. to have more Ph.D.’s per capita than over and over. What they fail to recog- So we need inquiry-centered cur- any other county in the country in nize is that math and science require a ricula. We need hands-on curricula, New Castle County. As a result of that, different mode of thought because where kids actually use materials and there is a great deal of interest in re- science uses a different mode of in- work with them; but it also has to be search in our area. I understand the quiry. I do not think it is any harder based on the concepts of science. Too importance of this. We need to sell the than anything else, but it is a different often education programs emphasize message to a lot of people out there. way of learning, something most stu- either inquiry or they emphasize the The gentleman from Michigan is the dents have not experienced before if hands-on approach or they emphasize one who really helps sell it. they have not had good math and concepts, and they all argue with each Mr. EHLERS. If the gentleman will science education in the first eight other about what approach to take. To yield, I want to thank the gentleman grades. me the answer is simple: it is all of for his comments. It just reminded me I recall a case where I was teaching a them. You combine all of those and de- of something I often say to students student when I was a professor at the velop curricula that really meet the when I am in high schools. I tell them, University of California at Berkeley. needs of the kids, keep them excited Look, you have a choice: You can ei- She came in with a total mental block. and interested, and also provide the ther be a nerd, or you can end up work- This was the most elementary physics teacher training so the teachers can ing for a nerd. Which would you rather course in the department, Physical teach those courses. be? That is what it is likely to come Science 10. She said, I cannot get this We are facing a crisis because of this. down to in the future because, if you do stuff. I cannot get it. I cannot get it. But there is another reason: India and not understand math and science, you And I worked and worked with her, and China. Almost 20 years ago, India made are not going to have a really quality spent hours with her; and finally she the decision that the only way they job. saw the light and learned how to think were going to compete in the world Mr. CASTLE. I thank the gentleman properly. I had not heard from her for today is by developing strong back- for all his help in this area. He touched years after she left my class. When I grounds in math and science, and they on something that I want to turn to came to Congress, I got a little note had a unique way of doing it. They set now with these charts because some of from her. She is now the director of a up an institute of science, mathe- the strongest criticism that we have laboratory in Wisconsin. So even some- matics, theoretical physics, and all heard concerning No Child Left Behind one who felt they had no hope of pass- these things, similar to MIT and Har- has been with respect to the funding, ing learned how to learn, and from vard combined, and set that as the goal specifically the Federal Government’s then on it was good. for every child in the nation to But also we have other reasons for it. role in funding the Elementary and achieve. And it really worked. All the Secondary Education Act. Economic security. The better jobs go parents wanted their kids to go to that to those who understand math and school. It was the best school in India, If we look carefully at these charts, science. National security. The Rud- and arguably one of the best in the we begin to get the true picture of man Report of a few years ago made world. So the parents wanted their kids what is happening in the funding. Let the most striking statement I have to go. They made sure they studied me go through it word by word. Edu- heard, and that is that the greatest math and science hard. cation Funding, Discretionary Appro- danger our Nation faces beyond nuclear Now, obviously, not all of them made priation Increases, Fiscal Year 1996 to war is the fact our students are not it; but in the process of trying, many of Fiscal Year 2005. This is what the Fed- able to compete in the world market them ended up learning enough math eral Government has done for the fund- and, therefore, we are facing dramatic and science so that when they got to ing of education. Although it says the problems in our Nation if we do not im- the university, they could study more Department of Education here, this prove. math and science and choose one of money basically flows through to our Now, what can we do about this? Ev- many different careers. States and school districts throughout eryone always blames the teachers In conclusion, let me just say that we this country. Federal funding for edu- first. I have worked with teachers in live in a very competitive global econ- cation has more than doubled over the the classroom for some 30 years. I have omy. If we are serious about competing past 9 years. Under the final fiscal year gone in the classrooms, I have taught in this global economy, we have to 2005 appropriations bill, discretionary myself, I have taught the teachers how make certain that we work smarter. funding for the Department of Edu- to teach students, and I will not say a And to do that we have to make sure cation climbed from $23 billion in fiscal bad word about the teachers. Because that our kids are smarter; that they year 1996 to $57 billion for fiscal year all the teachers I worked with ear- learn the right things in school; that 2005. That is an increase of 148 percent. nestly wanted to do a better job of they are fit for the job market of the That is a tremendous increase. We are teaching. The problem is they had not future; that we can compete with these talking about 15 percent, and maybe been taught math or science properly. other nations and beat them at their the math comes in handy here, 15 per- They had not been taught how to teach own game, and that we can maintain cent or more on an annualized basis. it properly, and they just felt it was our strong economy in the face of this Most costs of living, when you measure hopeless. They did not know where to global competition. it in government programs, is just start, what could they do. With that, Mr. Speaker, I am pleased that; it is cost of living. Usually it is 2 So I believe our role as the Federal to yield back to the gentleman from or 3 percent. So the Federal Govern- Government is to provide training op- Delaware, and I thank him for accom- ment has stepped forward and said, We portunities, both preservice and in- modating me for such a lengthy dis- are going to make a larger commit- service training for teachers, teaching course. ment to education, and we have done them math and science, but also how that in the course of the last 9 years. I to teach math and science. In addition b 2115 do not have the chart here to show to that, we need improved curricula Mr. CASTLE. Mr. Speaker, I thank this, but I would be willing to put a lot that really teaches science the way it the gentleman from Michigan for his of money on the fact that the States should be taught. continuing and abiding interest in this and the local school districts have not

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.078 H10PT1 H3102 CONGRESSIONAL RECORD — HOUSE May 10, 2005 been able to keep up with this par- many of the same provisions, just within the United States of America or talk ticular pace of funding that has gone out the necessary teeth to ensure com- about providing middle-class people into education. pliance. Second, during that time, Con- with high-wage, high-paying jobs until Just one more chart while we are gress did not appropriate the same lev- we figure out the issue of China. I am looking at these charts, and that is els as were authorized in the act. going to have a brief discussion here funding for programs under the No Democrats funded education in the tonight and show some charts just to Child Left Behind Act, a 40 percent in- same manner when they controlled kind of outline what has been hap- crease in 5 years, showing that, in the Congress and the White House. pening here in the United States of last 5 years since No Child Left Behind, Yes, raising the student achievement America. we have also had very significant in- levels are difficult and expensive. The Quite frankly, I feel like it was an creases as far as No Child Left Behind fact remains that the Congress has issue that was not discussed enough in is concerned to help with those pro- been funding the program. States and the last presidential election. I feel grams. These are programs, by the organizations should not be avoiding like this is an issue that the American way, which were being put into place their responsibilities to students on people want the politicians that are by most of the States and most of the the back of a failed funding argument. here in Washington, D.C., in this school districts in this country even The hard work and dedication of Chamber and leaders in government to before No Child Left Behind came those implementing No Child Left Be- talk about, and we have not been. along. I am very dubious of any argu- hind is clear, and we can all agree with Hopefully, with some legislation that I ment saying the Federal Government the law’s goals. We are beginning to see have offered with the gentleman from has not done its share as far as that is results. Many educators across the California (Mr. HUNTER), the China concerned. I am discouraged, frankly, country have stepped up to the plate. Currency Manipulation Act, this issue by States and organizations that focus New test results for the 2003–2004 school will become and come to the forefront more on the funding levels than on year show students are posting high of American politics. I just want to what the law is supposed to ultimately math and reading scores on States’ share with the American people some be providing to students, which is a tests. For example, in my home State statistics, some charts that I think quality education and the opportunity of Delaware, scores have improved in help outline exactly what has been for future success. Many even argue three out of four grade levels in all happening. that it is an unfunded mandate, that it three subjects tested, reading, writing This first chart here is the State cri- is impossible for schools to implement and math. Fifth grade reading perform- sis. It outlines here how many manu- the law at the funding levels provided ance in Delaware climbed to 85 percent, facturing jobs have been lost in the by Washington, D.C.; This is a dis- a seven percentage point increase from United States from June of 1998 to Feb- ingenuous argument at the very best. last year. In Ohio, fourth grade math ruary 2005. As you can see, the red The nonpartisan Government Ac- scores improved from 58 percent last States here have lost more than 20 per- countability Office, which you may year to 66 percent this year. Addition- cent of the manufacturing that they know as GAO, released a report in May ally, according to the Chicago Tribune, have in their States. You can see the 2004 which discredits comments that students in every grade level posted in- red from Maine, mostly in the North- No Child Left Behind is an unfunded creased scores on statewide reading east-Midwest quadrant, Ohio, Michi- mandate. The GAO reviewed more than and math tests in the 2003–2004 school gan. Ohio lost 216,000 manufacturing 500 different statutes and regulations year. Finally, according to a 2004 study jobs. Then between 15 and 20 percent of enacted in 2001 and 2002 and officially by the Council of Great City Schools, manufacturing jobs lost are in the deep concluded No Child Left Behind is not the achievement gap is narrowing in blue or the deep purple, Georgia, Flor- an unfunded mandate. Even more clear both reading and math between Afri- ida, Texas, New Mexico, Arizona, Cali- are the significant increases in Federal can-American and Caucasian and His- fornia, between 15 and 20 percent of funding of Elementary and Secondary panic and Caucasian students in our manufacturing. These are the high- Education Act programs since the en- Nation’s inner city schools, and they wage, high-paying jobs that have actment of No Child Left Behind as was attribute the positive change in part to health care, that have a good retire- shown by those charts. According to No Child Left Behind. ment, that have a good pension. These the U.S. Department of Education, We must also recognize that the job are the kind of jobs that drive the mid- Federal funding for programs encom- is not done. We must see to it that all dle class forward. And these are the passed by No Child Left Behind has in- children are receiving a quality edu- kind of jobs and the kind of companies creased $17.4 billion, as I indicated, rep- cation. No Child Left Behind is a step in Ohio and elsewhere that pay taxes, resenting a 40 percent increase in just in this direction, and we must stay the that workers pay taxes. They vote for 3 years. Included in this number is title course. Any attempts to change the school levies. They vote for mental I funding for disadvantaged students system would play into the hands of health levies. They vote for library lev- and schools, which is funded at $12.7 those who support the status quo, ef- ies. They vote for all the things that billion in fiscal year 2005, an increase fectively preserving a failed system are needed to help lift up local commu- of 45 percent since No Child Left Be- that does not ask if children are learn- nities. What has happened because of hind was signed into law. That is sig- ing. this crisis that we have here, local nificant, because that is the money f communities are beginning to suffer. that is going to the schools that have They are not able to pass the police the most low-income children in their CHINA and fire levy because the 216,600 work- schools. The SPEAKER pro tempore (Mr. ers who no longer work in a high-wage It should also be noted that, in 1994, JINDAL). Under the Speaker’s an- manufacturing jobs are left to go to President Bill Clinton signed the Im- nounced policy of January 4, 2005, the Wal-Mart, are left to go to Super K or proving America’s Schools Act, a reau- gentleman from Ohio (Mr. RYAN) is rec- Kohl’s and make very little money thorization of the ESEA, that required ognized for 60 minutes. without health care benefits. If we States to develop standards and Mr. RYAN of Ohio. Mr. Speaker, I ap- think that we are going to maintain aligned assessments for all students. preciate the opportunity here to ad- the kind of prestigious global power Districts were required to identify dress the House on an issue that I that we are today and hopefully will schools not making adequate yearly think has become more and more perti- continue to be, there is no way we can progress and take steps to improve nent to the American people and to the do this by replacing General Motors them. Bill Clinton, 1994. American economy. One issue that I with Wal-Mart or replacing Wal-Mart This makes two important points. hear about almost as much as I hear for General Electric. That is not going First, States across the country should about the Social Security issue back to be a great America in the 21st cen- already have been implementing ac- home in my district, which is north- tury. This graph, this billboard here, il- countability systems similar to what is east Ohio, I hear about the issue of lustrates that point. required under No Child Left Behind. China. We cannot, I do not think, And so the issue of China inevitably The previous reauthorization included speak of any kind of economic recovery comes up, and how are we going to deal

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.079 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3103 with it? Because we know, whether you scrap products, three of the 15. Four of need to stop doing what we are doing are the owner of a small machine shop the 15 are raw materials or agricultural and fix it and apply the pressure to the or a mold shop or in some light manu- products, and six of the 15 are parts, Chinese that we need to apply until facturing, it is the Chinese goods that which basically means we are export- they fix at least their currency prob- are coming into the United States that ing parts, raw materials, scrap, to lem that is cheating everyone else who are helping wipe out the manufac- China, which are manufactured there is trying to buy their products and in turing that is here now. What is hap- and shipped back only to be imported the U.S. up to 40 cents on the dollar. pening is the Chinese are manipulating here in the United States. They are cheating. their currency, and they are manipu- The gold bars are the trade numbers And the reason this is so urgent for lating their currency to the rate of 40 with China, the deficit that we have, the United States of America to act cents on the dollar. $162 billion trade deficit with the Chi- now and not wait 10 years from now, I have a factory back at home. They nese. We are importing $162 billion not take the slow, diplomatic process make tubing when you put up the more than we are exporting to the Chi- that we have been taking, the reason it sprinkler systems in industrial facili- nese. They are wiping out the middle is so imperative is right now we are ties and commercial facilities. It is class in the United States of America buying all their products. Right now called Wheatland Tube. Wheatland because of our trade policies here and we are consuming all of the Chinese Tube has been a great company and because we are allowing the Chinese to products. They need us now. They need still is. They have invested over $8 mil- manipulate their currency. us now. And when they need us, that is lion in the United States over the past Now, if the currency situation was when we have leverage to move. few years. Their product is competing fixed in China, if they were not gaining Now, we also need to balance our with a Chinese product. The Chinese a 40 cents on the dollar advantage, Chi- budget because the Chinese are helping are shipping their tubes into the nese products that were made in China, fund our $500 billion deficit. So we United States. When the Chinese prod- the price would go up; and if the price ought to do our job here. But at the uct, fully assembled, completely at the goes up and they still try to ship it to same time, we need to recognize what end of the manufacturing process, the United States, our goods here the U.S.-China Commission said and when it arrives in the United States of would be more competitive, and then told Congress, submitted a report. America, that Chinese tube is the same the Chinese would have currency that First it said that the overall trade situ- cost as the raw materials that had more value so that when we ation with the Chinese had an overall Wheatland Tube has to buy. Wheatland shipped products, when we exported negative impact on the United States, Tube has not even begun the process of products to China, our prices coming overall negative. A bipartisan commis- making their tubes. But the Chinese from the U.S. would actually be cheap- sion, people from the Reagan adminis- tubes have already been manufactured er to the Chinese consumers. tration, people from the Clinton and and produced, arrive in the United And the Chinese agreed, when they Carter administrations, totally bipar- States less than the cost or the same came into the World Trade Organiza- tisan. cost as the raw materials for the tion, that they were going to be fair The Chinese trade has overall nega- United States company. brokers and they wanted to be a part of tive implications on the United States. the global system. And we are not see- That is scary enough. But they went on b 2130 ing much action by the Chinese. And, to say that we have about a decade in How can the United States company quite frankly, we need to be firmer the United States, about a decade, to compete with that? It cannot, and that here in the United States. And that is fix this problem because at some point is why the United States in the pre- why the gentleman from California we are not going to be consuming as vious billboard looked like it did. (Chairman HUNTER) and I, along with much as we are, because we are not This is a graph that has the U.S. an- the gentleman from Wisconsin (Chair- going to have the kind of money here nual trade with China. This line here, man SENSENBRENNER), who signed on to that we have now. We are not going to the gold line with the blue dots going our legislation, the gentleman from Il- have the kind of wealth to be buying if up, is imports. These are Chinese prod- linois (Chairman MANZULLO), AFL–CIO, we continue to go down this road. If ucts coming into the United States, China Currency Coalition, a lot of the jobs that pay $50,000 or $60,000 are get- and it goes up to $200 billion in 2004. small business trade groups, this is not ting replaced by jobs that are paying And we can see where it was in the a Republican or Democrat issue. This $30,000 or $35,000 without health care mid-1980s and early 1990s, and it slowly is an American issue. This is an Amer- benefits, there is only so much we can began to rise. ican issue. And if we do not fix it, there consume, and that is what is hap- The exports, what we are shipping to is not going to be a middle class in the pening. The jobs replacing the jobs the Chinese, is this blue line, coming United States of America, and we are that are leaving are $10,000 to $12,000 straight across. We are not able to in- going to continue to see some of the less a year without health care bene- crease our exports. And the funny older industrial cities and industrial fits. thing is, if the Members remember areas in our country continue to strug- So how are we going to keep up? And back when we were signing all these gle. Whether it is the county funding, what the U.S.-China Commission has trade agreements in the 1990s, when we police and fire, schools, we are not told us is that we have about a decade were talking about we have to open up going to be able to survive. and we had better fix it now. And that markets and we have to export prod- This is a startling, stunning chart. is why this is so urgent. That is why we ucts from the United States so that This is the U.S. trade balance in goods. see bills, the Schumer-Graham bill in other people will buy them and we will The U.S. trade balance in goods. The the Senate, talking about putting on 27 make them here and we will ship them goods deficit which covers manufac- percent tariffs on Chinese goods com- off and it will be great, that has not tured products hit a record $651 billion ing into this country to try to stem happened with the Chinese. in 2004. And from 1998 to 2004, a $421 bil- some of this tide that is coming in, or We were told when we signed PNTR, lion jump, just in these few years, from whether it is the WTO-compliant Ryan- Permanent Normal Trade Relations 1998. These are the hardcore manufac- Hunter bill that is gaining a lot of sup- with China, most favored nation trade turing products which contribute to port here in this Chamber because status with the Chinese, we were told job loss here in the United States: Members are beginning to recognize there is 1.3 billion people in China, we steel, supply chains for all of the major that this is a real problem in the coun- want to sell our products to the Chi- corporations that have moved and have try. nese. It has not happened. It simply altered the trade balance with the Chi- Our bill does not violate any of the has not happened. These are the goods nese to the tune of $651 billion. WTO rules. It is compliant with the we are importing, these in the blue line So we have to ask ourselves, why do World Trade Organization, which I am is what we are exporting, and it is not we continue down a road where we are not exactly thrilled with the World working out. And when we look at the losing, we are losing this battle? And I Trade Organization. I do not like the top 15 exports from the United States do not know about anyone else, but I way they operate. I do not think it is a to China, three are either waste or keep score, and when we are losing, we democratic body. I think it rubber

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.080 H10PT1 H3104 CONGRESSIONAL RECORD — HOUSE May 10, 2005 stamps decisions for multinational b 2145 need healthy and educated students in companies. There is no doubt about it. We have all been there. In Northeast the United States of America who have But what happens a lot here is someone Ohio, it seems like it happens all too access to a quality education in any will put a bill up that will say put 27 much, where a local company that has school in the country, because that is percent tariffs or 30 percent tariffs on been in your community for 100 years, the only way that they are going to Chinese goods and a lot of people in or 50 years or 60 years, all of a sudden move themselves forward, that is the this body will say that is not WTO cannot compete anymore. Then the only way they are going to be able to compliant, so we will not even look at county and the city and the local lift themselves out of poverty, that is it. school district loses hundreds of thou- the only way that these communities So the gentleman from California sands of dollars, and the crunch, the are going to be able to create and gen- (Chairman HUNTER) and I went out of squeeze on the people in that commu- erate enough wealth, enough wealth, to our way with a lot of very smart people nity continues, and it ultimately re- be able to fund their schools and pro- to compose a bill that is WTO compli- sults in a weaker United States of vide for libraries and all the different ant because we want to get over that America. sorts of services that need to be funded. first hurdle. And we have because we Just a few final charts here. So we need to focus on education, as have a good bill, and that is why it is We were told MFN, PNTR, NAFTA. well as dealing with the China cur- gaining the kind of steam it is gaining. Now we want to pass CAFTA here, rency manipulation issue. WTO compliant. And it allows the which I do not think is going to make This is the budget the President sub- President to recognize currency manip- it. Now we are being told here in the ulation for what it is, and that is a submitted on education. Fifty appropria- U.S., and we were told all throughout tions will be below current services in sidy; and so it should be seen as any the nineties, we are going to sign these other kind of subsidy that other coun- the billions of dollars with that budget. trade agreements, and it is going to be tries give in order to ship products into You can see there are cuts of $2.5 bil- really great, because the low wage jobs our country and hurt us domestically. lion in 2006, $6.2 billion in 2007, and Currency manipulation is no dif- are going to go to the other countries then the same and even greater in 2008, ferent. If we are gaining 40 cents on the and we are going to keep all the high- 2009, and, by 2010, cuts of $11.9 billion in dollar, then that is subsidy; and it is no tech, high-wage jobs here in the United the various education programs. different than any other kind of sub- States and it is going to be a panacea Something the 30–Something Group sidy. And our bill gives the President here. Everyone is going to have a good and I have been working on for a good the tools he needs. We want to work job and work with their brains and not many years now is college tuition and with the administration. We have got with their hands, and it is going to be the Pell Grant. The Pell Grant, when it three Chairs of Republican committees great. started, would account for 80 percent of on this bill with the AFL–CIO, with the This is the total trade balance in ad- a student’s college tuition, 80 percent. China Currency Coalition, with a tre- vanced technology products. These are Today a Pell Grant accounts for a lit- mendous amount of trade groups, the millions of U.S. dollars. We had in tle over 40 percent of a student’s col- mostly Republican small business own- the early nineties a surplus of millions lege tuition. An average student graders. This is not a Democrat or Repub- and millions of U.S. dollars, all uates with over $20,000 in loans. throughout the early nineties, lican issue. And it is time for us in Here is what we are doing, the out- throughout the mid-nineties into the Congress to get the guts we need to paced college tuition compared to what late-nineties, and then we began the make this happen because it is hurting the Pell Grant is. Here is the Pell decline. These are advanced technology average people in the country. Grant minimum award, here in light products. These are the things that ap- This is the U.S. manufacturing em- purple, the Pell Grant maximum award pear in the computers. These are the ployment from January of 1999 to in the navy blue, and then the average things that appear in your cars, that March of 2005. And we can see here that cost of tuition and fees in a four-year you do not really know how they work, in January of 1991 we were at about 17.3 public college setting. in airplanes, in televisions. We are los- million jobs, manufacturing jobs; and You can see how much it outpaces ing this too. we hit the recession in the early 1990s that, so this grant here no longer and we came out of it and peaked out We were told we were going to win on these. We are still losing on that too to meets the need of what the average colin 1998–1999 at over 17.6 million manu- lege student needs in order to go to facturing jobs. Not too bad. And then the tune of millions and millions of dollars in deficits in the United States school and get an education and allow we peaked off in the end of the century; them to compete. and when we hit January of 2001, here of America. This is a trend we need to So we have our work cut out for us. comes the downward slide, from 17.6 begin to turn around, or our kids are million in 1999 all the way down to going to be left with a country that is I commend to the American people this under about 14.3 million jobs in March not as strong as it should be. week’s Newsweek, May 9 and the title, of 2005. So we have been told, as the gen- ‘‘China’s Century, a Special Report.’’ Look at this slide in U.S. manufac- tleman from South Carolina (Mr. ‘‘China’s Century.’’ turing. And, again, it is the manufac- SPRATT) said about an hour ago in this The reason this is so urgent for us is turing jobs that are the jobs that have very Chamber as we were talking about not because America is perfect and not the high wages. They are the jobs that a lack of job creation and more or less that America does not make mistakes, pay a decent wage, a real wage. They tied to Social Security, the key in the because we have, and we have articu- are the jobs that provide health care. United States of America, if we are lated many of them on the floor here These are the shops that are part of going to compete, is we are in the proc- over the years, and we will continue to communities all over the country. ess of creating a new economy and we make mistakes. But when the question These are not the big multinationals do not really know what it is. We want comes as to who will lead the world in who can have the wherewithal to pick to help with the Chinese and we need the 21st century, will it be the Chinese? up and go over to China and ship the to fix the currency manipulation prob- Will it be a Communist regime that is products back. These are the people lem, and I think we are applying a lot currently manipulating their currency? who live in our communities who do- of pressure to the Chinese now with Will it be a Communist regime that is nate to the church. They are the small some of the legislation we have here. spending mass amounts on their mili- business owner who would donate to Hopefully they will be able to do it on tary budget? Is it the Communist re- the school and give that little extra their own and we will not have to im- gime that has no concern for worker and the workers who had solid work plement the kind of reforms here in the rights? Is it the Communist regime can work overtime and contribute to U.S. to give the President the power to that has no concern for the environ- their union and to their church and to do that. We want that done. ment? Is it the Communist regime that the civic organizations in local com- But, at the same time here at home, has no concern for human rights? Is it munities, which would be the tax base we cannot talk about our trade issues, going to be the Communist regime that that supported a lot of the local com- we cannot talk about China, without has no concern for religious freedom? munity. fixing the problem here at home. We Is it going to be the Communist regime

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.082 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3105 that will promote and implement a pol- Mr. Speaker, this is the judicial oath itol, use British court decisions and icy of forced abortions on their own that justices of the United States Su- European thought in interpreting our citizens? preme Court take to uphold America’s Constitution. What the British could Or will it be the United States of Constitution, the sacred manuscript not accomplish by force, our Supreme America? Will it be the country that our Nation was established upon, the Court has surrendered to them volun- has promoted the middle-class, the foundation of who we are. tarily. Has the Supreme Court handed country that does stand for freedom? Yet, Mr. Speaker, some of the same over our sovereign Constitution to We have many warts, but we do pro- justices who preside over the highest other nations? Mr. Speaker, has the mote democracy. There are disagree- court in our land are systematically Supreme Court lost its way? ments on how we go about it, but this unraveling the threads of the very Con- The Constitution is the basis for who is a democratically elected body here stitution they vowed to protect. In we are, what we believe, and what our of human beings, of American citizens what amounts to a most disturbing de- values are. My colleagues will notice, who make human mistakes. But this is velopment, the United States Supreme Mr. Speaker, the oath our judges take a lot better, and this country is best to Court continues to flirt with the temp- is to the Constitution; not to the gov- lead the world in the 21st century, not tations of foreign court decisions and ernment, not to the President. It is to a Communist regime who has no con- the lure of opinions of international or- the Constitution. That is because the cern for the human rights of other citi- ganizations. They do this in the inter- Constitution is the supreme authority zens. pretation of our American Constitu- of the land. It is our identity. It is our That is what is at stake here in this tion. path to justice for all Americans. whole debate. We could talk about cur- Mr. Speaker, this trend is terribly The Framers of the Constitution rency manipulation and trade and troubling. Has the Supreme Court lost made clear their vision for the Federal funding and all these different political its way? judiciary. Named in Article III behind issues, but the bottom line with this As a former Texas judge for over 22 both of the other branches of govern- whole situation is who is going to lead years, having heard 25,000 criminal ment, the Founders intended a court the world in the 21st century? If you cases, I took the same oath as our Su- system with a narrow scope and re- want it to be the United States of preme Court justices, to uphold the stricted authority. As Alexander Ham- America, we better use this window of United States Constitution. Never once ilton explained in one of the Federalist opportunity to play tough with the did I make a decision based upon the Papers, the judiciary, from the nature Chinese; to tell them to fix their cur- way they do things in other countries. of its functions, will always be the rency manipulation, or face the con- My oath was to our Constitution, not least dangerous to the political rights sequences. to the Constitution of the member of the Constitution, because it will be This body needs to provide the Presi- countries of the European Union, such the least in its capacity to annoy or in- dent with the tools that he needs to be as France. America should not confer jure them. He states that the judicial tough with the Chinese and force them with the decisions of any of the hun- branch is, beyond comparison, the to fix this issue, and then we come dreds of foreign powers on our planet. weakest of the three departments of back home and we fix and fund and im- As Anthony Scalia, our justice on the power. plement education reform and funding Supreme Court has said, ‘‘those deci- Mr. Hamilton continued in his Fed- for education and funding for health sions are irrelevant in the United eralist Papers, the executive dispenses for young children and young students States.’’ the honors, holds the sword of the com- all over the country, and let us get In 1776, amidst a revolution, our fore- munity. The legislature commands the ready to go to battle in the 21st cen- fathers signed the Declaration of Inde- purchases, prescribes the rules by tury with healthy, educated kids who pendence which stated brazenly and which the duties and the rights of have an opportunity at schools all over boldly the 13 colonies desire to dissolve every citizen are regulated. The judici- the country, with access to the arts political bonds with England. In this ary, on the contrary, has no influence and speech and debate and drama and document, Mr. Speaker, Thomas Jef- over either the sword or the purchases, music and foreign languages. ferson penned among the list of griev- no discretion, either of the strength or We can do it, but we have got to ances against King George the fol- the wealth of the society, and can take make it a priority and we have got to lowing statement: He said of King no active resolution whatsoever. It make it a goal. And this all starts, Mr. George, ‘‘He has combined with others may truly be said to have neither force Speaker, with making sure the Chi- to subject us to a jurisdiction foreign nor will, but just judgment. nese, if they want to participate in the to our Constitution and Mr. Hamilton was wrong. History global economy, they do it in a fair unacknowledged by our laws.’’ now reveals that the Supreme Court way. They agreed to play fair, and now Mr. Speaker, 10,000 to 14,000 patriots has become the most powerful of all they are cheating. over the course of 8 years in the Amer- the branches of government, although This body is primed to act, and we ican War of Independence spilled their it was intended to be the weakest. And are going to act. It is going to start blood or died to secure liberty for us the people of this country cannot hold with facing down the currency manipu- and safeguard our constitutional them accountable for their actions. lation problem and not allowing the rights. Nonetheless, Mr. Speaker, an alarming Chinese to cheat to the tune of 40 cents number of judges deem the Constitu- b 2200 on the dollar. tion a bendable document, more like a The purpose was to sever ties with f catalog of suggestions rather than the England forever. Then, in 1812, the rule of law; a set of elastic principles CONSTITUTIONAL GUIDELINES British invaded the United States which, at the end of the day, can be FOR SUPREME COURT DECISIONS again. The British still wanted Amer- easily interchanged with the judge’s The SPEAKER pro tempore (Mr. ica to be subject to the King and their own personal policy and emotional JINDAL). Under the Speaker’s an- ways. They burned this very city, in- agenda. As one author on the topic of nounced policy of January 4, 2005, the cluding our Capitol. President Madison our judges has put it, they see their gentleman from Texas (Mr. POE) is rec- and his wife, Dolly, fled Washington, role limited only by the boundaries of ognized for 60 minutes. D.C. in the damp darkness of the dread- their imaginations. Mr. POE. Mr. Speaker, ‘‘I solemnly ful night to escape the invaders. The And in the case of consulting foreign swear that I will support and defend British were determined to retake this statutes to determine rulings here in the Constitution of the United States free Nation of America and this very the United States, a majority of our against all enemies, foreign and domes- soil on which I stand today. Americans nine Supreme Court Justices even en- tic; that I will bear true faith and alle- defeated the British a second time to courage it. Justice Sandra Day O’Con- giance to the same; and I will faith- make them understand that we will nor, for example, has said that al- fully discharge the duties of the office not do things the English way. though international law and the law of which I am about to enter, so help Now, justices in this land of America, of other nations are rarely binding on me God.’’ across the street from this very Cap- decisions in the United States and its

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.083 H10PT1 H3106 CONGRESSIONAL RECORD — HOUSE May 10, 2005 courts, conclusions reached by other how they do things in lands far, far wider civilization, the majority opin- countries and by the international away? ion was inspired by previous rulings of community should, at times, con- In 2002, Justice Paul Stevens in the European Court of Human Rights. stitute persuasive authority in Amer- Thompson v. Oklahoma raised global Well, who put the European Court of ican courts. norms regarding a particular type of Human Rights in charge of us? Well, Mr. Speaker, if they are rarely punishment in his opinions. He states This year, in March, Roper v. Sim- binding, who decides when they are the conclusion that it would offend civ- mons, writing for a 5–4 majority, Su- binding? Is this arbitrary justice? My ilized standards of decency to execute a preme Court Justice Kennedy wrote, question is, when do foreign court deci- person who was less than 16 years of we have established the propriety and sions matter, and when do they not age at the time of his or her offense is affirmed the necessity of referring to matter? Do our judges pick and choose consistent with the views that have the evolving standards of decency that foreign decisions that they like and ig- been expressed by respected profes- mark the progress of a maturing soci- nore those they personally do not like? sional organizations, by other nations ety to determine what punishments are Do they pick and choose to get a de- that share Anglo-American heritage, so disproportionate as to be cruel and sired result? by leading members of the Western Eu- unusual. In making this decision, the Mr. Speaker, this is constitutional ropean Community, the American Bar majority judges looked to foreign lands chaos. In one of her books where she Association, the American Law Insti- to interpret what cruel and unusual shares her reflections on being a Su- tute, who have all formally expressed means in our Constitution. In dis- preme Court Justice, she goes on to say opposition to the death penalty for ju- senting, Justice Scalia, Chief Justice that she believes American judges and veniles. William Rehnquist, and Justice Thom- lawyers can benefit from broadening Although the death penalty has not as, on the other hand, said they do not their horizons. I know from my experi- been entirely abolished, he says, in the believe that approval of other nations ence, she says, at the Supreme Court United Kingdom or New Zealand, in and people should buttress our commit- that we often have much to learn from neither of these countries may a juve- ment to American principles any more other jurisdictions. We Supreme Court nile be executed. The death penalty has than disapproval by other nations and Justices will find ourselves looking been abolished in West Germany, people should weaken that commit- more frequently to decisions of con- France, Portugal, the Netherlands, and ment. stitutional courts, especially common all Scandinavian countries, and is Mr. Speaker, I realize the Constitu- law courts that have struggled with available only for exceptional crimes tion is an old document, well over 200 the same constitutional questions that such as treason in Canada, Italy, years; but this idea of ‘‘evolving stand- we have. International law is no longer Spain, and Switzerland. He concludes ards of decency’’ is simply ridiculous. a specialty; it is vital if judges are to by saying, juvenile executions are also Values are timeless. American values faithfully discharge their duties. prohibited in the Soviet Union. are timeless. American standards are Mr. Speaker, all judges, all lawyers Mr. Speaker, regardless of how we timeless, and they are in the Constitu- in the United States take oaths to feel about the execution of juveniles, tion. faithfully discharge their duties to the the question, Mr. Speaker, is not what The list of decisions against our Con- United States Constitution. None of us they do in the Soviet Union, but what stitution, Mr. Speaker, is a deep cavern took an oath to faithfully discharge does the United States Constitution of vile destruction. Other verdicts international law and the duty to say about this issue. Has the Supreme handed down by the Supreme Court in- international law. Has the Supreme Court, once again, lost its way? clude citations of legal opinions from Court, Mr. Speaker, lost its way? The same year, in Atkins v. Virginia, foreign courts in Jamaica, India, and Another judge on our Supreme Court, the Court once again looked to foreign the ultimate beacon of justice, Justice Ginsberg, also subscribes to the courts; and while only 13 years earlier Zimbabwe. Mr. Speaker, has the Su- importance of international jurispru- our Supreme Court decided that deci- preme Court lost its way? dence on the Court. She thinks the sions of foreign courts were not to Let me give my colleagues an anal- premise is wrong that you only look to enter into the determination of sen- ogy. If, as a judge, I had a thief, a shop- your friends. She has asked why, if tencing in the United States, the Su- lifter appear before me who had stolen judges are free to consult commentary, preme Court did the judicial flip-flop. many times before and I ordered that restatements, treaties, writings of law Justice Stevens concluded in this case his hand be chopped off in the public professors, law students and law re- that there is a national consensus in square, I suspect his attorney would views, they should not analyze an opin- reaching his opinion. Does this mean object, saying, this violates the con- ion from, get this, the Supreme Court the end justifies the means? stitutional provision of cruel and un- of Canada, the Constitutional Court of In the footnotes explaining his deci- usual punishment in the eighth amend- South Africa, the German Constitu- sion, the Justices indicated they ment. While the attorney would be cor- tional Court, or the European Court of looked to briefs filed by religious rect based upon our Constitution, my Human Rights. In her view, the United groups, psychologists, polling data, and response could well be, well, Mr. Law- States judiciary will be poor if we do a brief offered by the European Union, yer, they chop hands off in other coun- not both share our experience with and a brief that was used eventually as tries for this type of crime, so since learn from legal systems with values blanket consensus, the voice of the other countries do it and they find it and a commitment to democracy simi- global community at large. Well, what logical, I will accept these foreign lar to our own. about the Constitution? Why not use courts in making my decisions. On a C–SPAN broadcast last month, the Constitution as our guide and only Mr. Speaker, in Texas, I would have another Justice, sympathetic to the guide in making decisions by the Su- been removed from the bench for such use of international law and foreign preme Court? nonsense. So why do we tolerate our court decisions, indicated that the Su- But, Mr. Speaker, perhaps the most Supreme Court using this same ration- preme Court is faced with more and egregious perpetrator of citing foreign ale going to foreign courts in their de- more cases in which the laws of other court opinions is Justice Kennedy. Mr. cisionmaking? countries apply. Where there is dis- Kennedy continues to write decisions Mr. Speaker, these controversial de- agreement is how to use the law of hardly based on the Constitution, but cisions that have emerged from our Su- other nations where we have some of on international law. Which law is he preme Court have prompted a growing those very open-ended interpretations beholden to? Is the Constitution not contingent of former judges in this of the word ‘‘liberty,’’ and interpreta- sufficient for him? In 2003, in a high- body to join me in signing a letter to tions of the phrase ‘‘cruel and unusual profile case involving my home State the Senate Committee on the Judici- punishment.’’ This Justice believes it of Texas, the case of Lawrence v. ary. I, along with my fellow gentlemen is appropriate in some instances to Texas, Justice Kennedy referred to from Texas, (Mr. CARTER) (Mr. HALL) look to how other foreign courts may international standards in the Court’s (Mr. GOHMERT), as well as the gen- have decided similar issues. I ask, Mr. consideration of Texas laws. Revealing tleman from Tennessee (Mr. DUNCAN) Speaker, what difference does it make the Court’s reliance on the views of a and the gentleman from Alabama (Mr.

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.085 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3107 ADERHOLT), all former judges in their is in the Federal judiciary, working tleman from Texas (Mr. POE) will know respective States, have urged our Sen- like gravity by night and day, gaining this, that I had the privilege to sit ate colleagues to consider a nominee’s a little today, a little tomorrow, ad- down and have lunch with a group of allegiance to the United States Con- vancing its noiseless step like a thief Supreme Court justices today, and I stitution and the sovereignty of the over the field of jurisdiction until all very much appreciate them and the United States when imparting their ad- shall be usurped. other justices that joined them. It was vice and consent role in the Presi- Mr. Jefferson was a prophet of what a very, very good gesture on their part dential appointment process in our has become judicial anarchy. Some to reach out and open up a dialogue Senate. northeastern legal scholars, intellec- and give us an opportunity to speak When any court in the United States, tual elites that sit in cigar-filled rooms about and discuss the disagreements Mr. Speaker, begins to permit foreign agree with the ultimate decisions of that we have between the legislative sentiments to ooze into its rulings and the Supreme Court justices, justices branch and the judicial branch of gov- opinions, it dangerously weakens our that use these foreign laws, because ernment. sovereignty. These irresponsible allow- they like the results. It is a natural tension that exists be- ances erode our unique political iden- But I warn these folks, the Supreme tween these three branches of govern- tity and the sound traditions upon Court may not always make decisions ment, and this legislative branch of which American law is established. you agree with, and they may betray government, which clearly has its du- From the mere founding of our coun- you by ignoring the Constitution and ties to write the laws; the executive try, our laws and courts have respected citing foreign laws that create a dif- branch of government which has its du- and honored the sovereignty of the ferent result than you wish. Then you ties to execute those laws, enforce United States and the supremacy of will cry: Return to the Constitution; those laws; and the judicial branch of our Constitution. return to our sacred scripture. When government whose job it is to interpret My colleagues will notice, Mr. Speak- your cries are made to our courts, you the laws, interpret the Constitution. It er, I am not discussing or criticizing may too find no one is listening. is a natural tension that exists, and it As guardians of the Constitution, Mr. the results of the Supreme Court deci- will go on as long as this is a great Speaker, as champions of the separa- sions and their holdings. country. And it is a great country. tion of power, as accountants of the And I want to compliment the jus- b 2215 system of checks and balances, as the tices of the Supreme Court for being I have been careful not to comment stewards of this legislative branch, we part of this effort to open the dialogue on the results of these numerous cases must implore our judiciary, our Su- and give us an opportunity to discuss where the Supreme Court reaches out preme Court justices to reject the se- our differences. And I look forward to duction of comparable side glances as to foreign courts to make their deci- those opportunities to continue to sit they interpret the laws of this land. sion. While somewhat relevant, since down and have those discussions, and I these decisions are the law of the land, I ask the Supreme Court to come back home, home to the Constitution will take advantage of that. the complaint is the process and meth- But I have to say here tonight that I and reject the lustful temptation of od by which the Supreme Court makes have watched a transition over the last decisions. The use of foreign courts, foreign countries and their laws. I yield to the gentleman from Iowa 55 years or so of my lifetime. And I emotions, personal opinions, result-ori- would go back to a case that would be (Mr. KING) such time as he must desire ented decisions, personal agendas, feel- to speak on this very issue. about 1963, Murray v. Curlett, and that ings and the opinions of focus groups Mr. KING of Iowa. Mr. Speaker, I was the case when Madeline Murray is, as Justice Scalia says, totally irrel- thank the gentleman from Texas (Mr. O’Hare became the most hated woman evant. The only thing that matters is POE), the judge, for the opportunity to in America, and she successfully went the Constitution. say a few words about the future of this to the United States Supreme Court Unfortunately, we now seem to have country, the history of this country and removed prayer from the public some jurists in our Supreme Court who and our beloved Constitution, and ap- schools. have lost their way, their balance. preciate this opportunity to be here on That, Mr. Speaker, I believe started They have forsaken the process found- this floor tonight. us down the path, down the path of ed by our forefathers. They are dis- As I watched the development here bowing to the judicial branch of gov- regarding boundaries etched into the and the transition of history, and I am ernment, maybe the last time that the foundation of our Constitution. 55 years into this life, a little over a American public really questioned and Justice Scalia may be one of the last half a century, and I was raised with a challenged the decisions that were strongholds we have against judicial deep and abiding love and respect for made over across the street in the Su- tyranny in today’s Supreme Court. He our Constitution and for the rule of preme Court building. understands the importance in hon- law, the fact that a law existed meant This country has accepted those deci- oring the original meaning of the con- that the judgment of the people had sions because they believe that they do stitution, that it is the supreme law of spoken. And according to the strong di- not understand the Constitution well the land. He rightly maintains that rective of my father, I was to then ad- enough to second guess a judge, and foreign pronouncements are totally ir- here to that law and adhere to that they do not understand the letter or relevant when it comes to our courts Constitution. And if I did not like the the congressional intent of the law well and our Supreme Court in making language that was there and the intent enough to second guess a judge’s deci- their decisions. of the Constitution or the law, it was sion to overturn the clear directive and Mr. Speaker, this is not a partisan my job to step forward as a citizen of intent of Congress. That has happened issue. It is an issue of who will stand the United States and seek to change time after time after time. with the Constitution and who will it; not to ignore it, not to amend it in And we have seen justice after justice stand with foreign courts. a fashion that did not have the will of reach out into foreign law, reach into I urge my colleagues in both cham- the people in support of it. foreign law to find a conclusion that bers to support measures that aim to And so, today, Mr. Speaker, we have suits their intent and their belief of curb the way our Supreme Court gone to this point where I look back how this country ought to be shaped makes its decisions, that they should upon this transition, this transition and how it ought to be formed. Murray be responsible to the Constitution of that has taken place over the 55 years v. Curlett, prayer out of the public, the United States. of my life and the 45 or so years that I schools started us down a slippery As Thomas Jefferson, author of the have paid attention to what is going on slope, a fast and slippery slide down Declaration of Independence, warned in in the United States of America, and I into an abyss which I do not know how an August 18, 1821, letter to a friend, have watched a dramatic transition we swim out of it. Charles Hammond, a lawyer who ar- take place within the judicial branch of And I asked this question, and I have gued before the Supreme Court, he government. asked it of the Chief Justice directly, says, that is Mr. Jefferson: The germ of And I want to acknowledge at the be- and that is, in case after case after dissolution of our Federal Government ginning of this discussion, the gen- case, we have seen decisions made by

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.087 H10PT1 H3108 CONGRESSIONAL RECORD — HOUSE May 10, 2005 which we cannot recognize the Con- Sounds a lot like some of the lan- lieve is our covenant with our Found- stitution any longer. One of those cases guage in our Constitution. But how ing Fathers, our guarantee of rights would be the affirmative action cases could a lengthy delay in administering and our guarantee of freedom, that that were before the Supreme Court I a death penalty change the ultimate clearly spells out the responsibilities of believe it was a year ago last April 19. result of that? each branch of government. And in those cases, I sat and listened If locking someone up in prison for And, by the way, you can read this to that. I went to hear profound con- an extended period of time is cruel and document through and through and stitutional arguments. And where inhuman, then would we not have to through again. There is nothing in would you go in the world to hear pro- then release everyone that is in our there that says separate but equal found constitutional arguments except prisons? branches of government. It clearly lays in the chambers of the United States And in the case of Pratt v. Attorney out the responsibilities of each branch Supreme Court? There is no higher General of Jamaica, for example, the of government and, when read, gives calling and no higher standard for con- privy council considered whether Ja- the Congress the responsibility to be stitutional arguments. maica lawfully could execute two pris- the final decision-maker on the courts And yet as I listened that day, I oners held for 14 years after sen- themselves. heard one, one constitutional argu- tencing. The council noted that Jamai- And so, Mr. Speaker, I propose that ment, actually relatively profound. can law authorized the death penalty, we, as a Congress, have an obligation, The case had to do with affirmative ac- and the United Nations Committee on an obligation to defend this Constitu- tion. Chief Justice Scalia asked the Human Rights has written that capital tion, an obligation to speak our minds question of the Michigan attorneys: If punishment is not, per se, unlawful when we disagree with the decisions of we rule against you and it results in under the human rights covenant; Ja- the court, but make a logical and a ra- one minority in your school, 100 per- maican law, the United Nation’s Com- tional and a constitutional argument cent minorities in your school or no mittee on Human Rights. for our side, and call upon the Chief minorities in your school, what pos- And then the Supreme Court of India Justice and the Supreme Court to ad- sible constitutional difference can that has held that an appellate court which here to this Constitution, to adhere to make? itself has authority to sentence must their oath of office, to adhere to the Now, the answer was long. But it was take account of delay when deciding laws of this land and to reject the di- not clear. The question is clear to me. whether to impose the death penalty. rective that they might think they get He directed that question directly back This cited by the Supreme Court of the when they travel to other lands, that to the Constitution, which is where the United States, Jamaican law, Euro- intercedes with other ideas, other con- entire oral argument should have fo- pean, United Nations Committee on cepts, other cultures. cused. And yet it happens less and less Human Rights, Indian law, the Su- We separated ourselves from Great as I hear these arguments before the preme Court of Zimbabwe, and I quote, Britain for a good reason 200 and some Supreme Court because there is an en- the Supreme Court of Zimbabwe, after years ago, and it was because we did tire industry that has been built up on surveying holdings of many foreign not want to be Western Europe, and we trying to analyze the particular per- courts concluded that delays of 5 and 6 did not want to be Jamaica, and we did sonal viewpoints of each of the jus- years were inordinate and constituted not want to be Zimbabwe. We want to tices. There is quite a history there to torture or inhumane or degrading pun- be a nation of free people, free people analyze, and quite an industry that has ishment or other such treatment. Ref- governed by a Constitution that a free been built up around that. people have ratified, not governed by But the arguments that go to the erence to the Zimbabwe law. This proclivity for citing foreign law, foreign law. Constitution itself are ever diminished And what is predictable about this when there is a clear directive to ad- year by year, case by case, to the point foreign law? How can a citizen of this here to the Constitution and we have where I believe that the courts have, country aspire to move forward and in- nothing else that directs us as Mem- because of stare decisis, because of the vest capital and invest time and effort bers of Congress as Members, of the ex- belief that once a decision is made, and build this future and be a good cit- ecutive branch who are sworn in or as they should honor that decision of the izen of the United States of America Members of the United States Supreme previous court, not overturn the deci- when they do not know when a decision Court, we take the same oath to the sion of the previous court. I could might come down from the Supreme Constitution of the United States. And name you exceptions. Court that says, oops, there was a law Stare decisis says that the Supreme this Constitution is written and draft- over here in Zimbabwe; maybe there Court is painting themselves into a ed and ratified by the people of this was a law in Ghana. Maybe there was a legal corner. And on the other side of country. We shall never have another. law in Costa Rica. Maybe there was a There is not another circumstance in that room is the doorway back to the law in Russia, Israel, Belarus, any- history that could be reconstructed by Constitution. But unless that paint where. dries, they cannot get back out the anyone in this Chamber, by anyone in door. And as long as they respect stare this city or anyone in this country that b 2230 decisis, this respect for a decision that I know that could go back and say, How can we have predictability in is made by the previous decision of the well, if we lost this Constitution, we our Constitution and our law if the court, the paint never dries, and they would just construct another one. We courts can cite whatever, as the judge are trapped further and further into a would find a way to get together in the from Texas said, whatever might suit corner that prohibits them from going blue zones and in the red zones of their whim of the moment? back to the Constitution. America, and we would draft up a Con- So I believe we have to adhere back And so if you cannot get back to the stitution that was living and breath- to this Constitution because we have Constitution, on what do you base your ing, and it would be a document that migrated from its meaning. And even decisions? Well, foreign law. Foreign better fit the day of our age, and it though the courts found in Murray v. law is a nice and convenient decision would be something that would protect Curlett that there was this separation that can be made. I have a list of some the interests of the minority against of the church and State that was cre- of these here, Mr. Speaker, and it is the tyranny of the majority, or the ated there, took prayer out of the pub- quite an interesting list. Justice rights of the minority against the will lic schools. And by the way, I do not Breyer, in his dissent, and I always of the majority. By the way, what pro- believe the Constitution calls for that give credit for dissent, Knight v. Flor- tects the constitutional rights of the for a minute. Once that decision was ida 1999, A growing number of courts majority against the whims of the made and the letter of the Constitution outside the United States courts that court? and the intent of the Founding Fathers accept or assume the lawfulness of the And so, today, we have gone in my was ignored and we began to migrate death penalty have held that lengthy lifetime from a belief that this away from the Constitution itself, we delay in administering a lawful death foundational document of the Constitu- started down that slippery slope. penalty renders ultimate execution in- tion, which I carry in my pocket every So is this Constitution what our human, degrading or unusually cruel. single day, this Constitution that I be- Founding Fathers believed it should

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.089 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3109 be? Did the Framers draft this Con- of think maybe a little differently than and defend the Constitution. I took stitution to protect the rights of the the Supreme Court does on using for- that same oath when I went into the minority against the will of the major- eign law to make decisions that are United States Army. I spent 4 years on ity, protect the rights of humanity binding on the rest of us. I yield to the active duty. against all forces whatsoever? They be- gentleman from Texas (Mr. GOHMERT). It is worth noting in a letter to Abi- lieved that this constitutional frame- Mr. GOHMERT. Mr. Speaker, I thank gail Adams dated September 11, 1804, work was for the gentleman and for me the gentleman from Texas (Mr. POE), Thomas Jefferson was very concerned and for everyone in this country. But it the former judge from Houston. after the decision in Marbury v. Madi- has changed. And there are a number of I thank the gentleman from Iowa son; he cautioned that judicial review people, in fact, I believe a growing (Mr. KING). I thought those were very would lead to a form of despotism. Ju- number of people, that believe this profound comments. dicial review is not a power explicitly Constitution no longer means what it Mr. Speaker, I heard the gentleman granted in the U.S. Constitution. But says; that it is a living, breathing doc- from Texas (Mr. POE) mention some- in Marbury v. Madison, the court in- ument, that nine Justices, a majority thing earlier and this was also touched ferred this power based on the fact that of nine Justices, five of them unac- on by the gentleman from Iowa (Mr. Constitution is the supreme law of the countable to the people, should direct KING), but regarding the beginning of land. But judges should always remem- this society and this civilization. this Nation and how we had separated ber that the Constitution itself is the But it is the vision of our Founding ourselves from Europe, particularly in supreme law of this land and that each Fathers that those elected by the peo- the War For Independence that began judge should never forget their oath to ple should direct this examination and with the 1776 Declaration of Independ- uphold the supreme law of the land and that the Judges should be ruling upon ence and how we won that war and we not be citing the law from other juris- the letter and the intent of the Con- separated ourselves. And then of course dictions, from other lands that have stitution, the letter and the intent of the Articles of Confederation did not nothing to do with our Constitution. the law. And that is as far as it goes. work, and then 1789 we did have this I tell you that Justice Scalia is an If this Constitution does not mean wonderful Constitution. amazing intellect. In the Roper v. Sim- what it says, then what purpose does it I had also heard the gentleman say mons case, I do not take issue here have? It is either a living, breathing we won yet again, the battle with the with the outcome of the case, but for document that is flexible and can be British in the War of 1812. As the gen- our purposes I would like to take issue malleable and can be shaped by any tleman mentioned, here where we are and I think it is critical we take issue Justice that happens to have the good standing and actually back in Statuary with the methodology in arriving at fortune to be appointed to the bench, Hall as it is now, that was the old their opinion. And Justice Scalia did or those words written on this docu- House Chamber and the British came that in his dissent on behalf of himself ment in my jacket are sacred and they up and they burned it, and actually the and Chief Justice Rehnquist and also are meant to be amended only by the middle part burned. It was wooden. Justice Thomas. people then whose description is in the And the gentleman mentioned that we He said this, this is just an excerpt, Constitution itself. had defeated them. We ran them out ‘‘In urging approval of a Constitution It is a living, breathing document or after they burned much of Washington. that gave life tenured judges the power we are originalists that believe in the I would like to expand on that. to nullify laws enacted by the people’s original intent of this Constitution. If I had thought, an old history major representative, Alexander Hamilton as- it is changed, if it is not, what it says, like me, I thought our American forces sured the citizens of New York that it means, then what does, Mr. Speaker, rallied and drove the British out in 1814 there was little risk in this since ’the protect the rights of the minority after they burned much of the town. judiciary has neither force nor will but against the will of the majority? What But apparently the American forces merely judgment.’’’ protects all of our rights as citizens? were in such disarray they were in no That is from the Federalist No. 78, What preserves this great country if it situation where they could have allied page 465. can be shaped by the whim of the and defeated the British at that time. Hamilton had in mind a traditional Judges? We had some help at that point. judiciary ‘‘bound down by strict rules This Constitution is either what I be- It turns out the night they set what and precedents which served to define lieve it is, and that is not a living, is now Statuary Hall and the old Sen- and point their duty in every par- breathing document, but a document ate Chamber on fire, there was a big ticular case that comes before them.’’ that is fixed for all time unless we rain storm that came that put out the Bound down indeed, says Scalia. amend it. And if it is not that, then the fire that kept the fire from completely What a mockery today’s opinion makes courts have turned it into an artifact destroying the building which left of Hamilton’s expectation, announcing of history, just a transitional docu- enough that they could work from the Court’s conclusion that the mean- ment to get us from 1789 until today, afterward. ing of our Constitution has changed where we could turn over the future of It was not American troops the next over the past 15 years. Not, mind you, this country to the people in the robes day and after that drove the British that this Court’s decision 15 years ago that make those decisions. And if we troops out. But as it turns out there was wrong, but that the Constitution do that, then we might as well board was an incredible wind storm that has changed. this place up and hand it over to the arose. And it was of such force and The Court reaches this implausible courts for their staff because there will such magnitude, it is given credit for result by purporting to revert not to not be any function for this legislature killing 30 British troops. It knocked the original meaning of either amend- any longer. British cannons off their mounts. It ment, but to ‘‘the evolved standards of I thank the gentleman for yielding to created a great deal of confusion. It decency’’ of our national society. me. I appreciate the gentleman’s con- played a part in the accidental explo- It then finds, and this is Scalia still tribution to this cause. sion of the British gunpowder statutes. talking, it then finds on a flimsiest of Mr. POE. Mr. Speaker, I want to It created such chaos the British fled grounds that a national consensus thank the gentleman from Iowa (Mr. on their own because of those acts of which could not be perceived in our KING) for his dedication to the Con- nature. people’s laws barely 15 years ago now stitution, to making sure that the Well, as you know, insurance compa- solidly exists. Worst still, the Court Members of this body are committed to nies would call those acts of God, and says in so many words that what our that and reminding the Supreme Court I would tend to agree with them. Those people’s laws say about the issue does that they have an obligation to that were acts of God. I would like to think not in the last analysis matter. This is Constitution. the Americans rallied. They could not Scalia still quoting: Mr. Speaker, I yield to the gentleman do it. There was a higher power in- ‘‘In the end our own judgment will be from Texas (Mr. GOHMERT), a former volved. But when we look at this issue, brought to bear on the question of ac- judge, a former appellate judge from the gentleman took the oath to the ceptability of the death penalty under east Texas. The east Texas folks kind Constitution. I took an oath to support the eighth amendment.’’

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.091 H10PT1 H3110 CONGRESSIONAL RECORD — HOUSE May 10, 2005 Now, the Court has thus proclaimed flittering here and there, depending on GOHMERT) for his kind words and for itself the sole arbiter of our Nation’s the whims of the Court. his insight into this important issue. moral standards, and in the course of Just like I heard prior to us coming Mr. Speaker, as most Americans go discharging that awesome responsi- in, the prior presentation about Social about being concerned about jobs, So- bility, purports to take guidance from Security, and I could not help but note cial Security, the environment, health the views of foreign courts and legisla- when there was talk of, well, in 2017 care, crime, outsourcing, all of those tures. Because I do not believe that the these old Republicans, they are talking things are important. Many of those meaning of our eighth amendment, any about it is going bankrupt, and that is issues will eventually end up in our more than the meaning of other provi- just all a facade of sorts, basically courts. Some of those cases will find sions of our Constitution should be de- paraphrasing. Then the words were their way to the Supreme Court, and termined by the subjective views of said, but it is actually in 2017 when while this issue is somewhat complex, five members of this Court and like- there is more cash going out than it is not that difficult to understand. minded foreigners, I dissent. comes in. We fall back on these tril- The Constitution is the Bible for our This is Justice Scalia. lions of dollars that are in cash bonds democracy. Words mean something, Similarly, in Roper, Justice O’Con- that will continue to earn interest. Mr. Speaker, and the words of the Con- nor called on the Court to substitute Cash sounds like there is cash there. stitution are words that we must live basically its own moral judgment for There is nothing there. There are IOUs. by, that we must stand by and that we ‘‘the judgment of the nations’ legisla- There are Federal IOUs, and to say must defend. tures.’’ they will continue to draw interest, I hope that most Americans, regard- The majority, however, persists in they stick more IOUs in there and say less of who they are, what their polit- imposing its will on the States and there is your interest. That is just so ical beliefs are, understand that our backs its decision up by citing the disingenuous. It is so misleading, and Constitution came about because of mandates of foreign legislatures. even though I really believe those peo- sacrifices of Americans, many of whom The usurpation of the voice of the ple saying those things have the best of we will never know the names of, that people began roughly with New York v. intentions, they are doing great harm fought first in the War of Independence Lochner, and the word Lochnerization to the Nation by misleading. and numerous wars after that, because has since been used to describe cases in In the same way, the Court has the we are a unique land, Mr. Speaker. We which the judiciary overrides the best of intentions. They mean well. are a unique people, Mr. Speaker, and democratic law-making authority and They think they are doing this great the pinnacle of our uniqueness is the imposes its own morality, or in some service. They go to the different semi- Constitution of the United States. cases lack of morality, on the people. nars and they speak in different places, Every public official in this country, Lochner was a 1905 case that has and they hear these different things school board members, police officers, from other people who maybe look since been overruled; but in this case, city councilmen, firefighters, members down on our laws for this or our laws the Supreme Court told the New York of the State legislatures, judges for that. That has nothing to do with legislature it could not regulate cer- throughout our entire Nation and our Constitution. Members of this body took an oath to tain items. I really appreciate the gentleman So this usurpation continued with uphold and defend the Constitution of from Texas (Mr. POE) yielding to me to the United States. That is who our Roe v. Wade and again most recently in say some of these things that are so Lawrence v. Texas. oath and our allegiance is made to, and overwhelming in my heart and soul, as all we are asking, Mr. Speaker, is that Now, as the gentleman from Iowa I look to the days ahead. I know they the Supreme Court come back home, (Mr. KING) had mentioned, there was a trouble my colleague greatly and I follow their oath, be beholden to the very nice lunch today. And the Su- know that both of us came from the United States Constitution and not to preme Court was very gracious in same school, if you are going to legis- foreign countries. reaching out and having members of late, by golly, take off the robe, come the Committee on the Judiciary. There off the bench, run for the legislature f were Senators. There were some of us and if, God willing, you get elected, LEAVE OF ABSENCE from the House Committee on the Ju- then you can come legislate. I agreed By unanimous consent, leave of ab- diciary. There was a few staff members. with you on that. We did the same And we heard from Justice Stevens, sence was granted to: thing. We are here, and hopefully Mr. LARSON of Connecticut (at the re- Justice O’Connor, Justice Breyer, Jus- America will help bring the justices tice Kennedy and Justice Souter. quest of Ms. PELOSI) for today and the back to reality, and the reality is they balance of the week on account of a I would say those are very, very hard- took an oath to support and defend the working, well-meaning Justices. But family medical emergency. Constitution. Ms. MILLENDER-MCDONALD (at the re- good intentions are not enough. We So I appreciate that time, and let me quest of Ms. PELOSI) for today and May know from history itself when we just say, there has been a lot of mis- 11 on account of a death in the family. think about the words ‘‘this means leading information saying that some peace in our time,’’ Chamberlain had people, by their comments, they are f the best of intentions. He meant well. doing great harm and inciting violence. SPECIAL ORDERS GRANTED He thought he was doing what was best I tell you what, as a judge I know you By unanimous consent, permission to for the world, and what he was doing were tough and I was, too. Anybody address the House, following the legis- was giving homage and helping a ty- that threatens, attempts to use force, lative program and any special orders rant like Hitler. And so good inten- attempts to use violence of any kind, heretofore entered, was granted to: tions simply are not enough. they need to go to prison when it (The following Members (at the re- b 2245 comes to our courts. quest of Ms. WOOLSEY) to revise and ex- That is why we are pushing the bill tend their remarks and include extra- That oath must be upheld. So that is to make the sentences even tougher for why I do take issue with the rationale neous material:) anybody that is involved in that, but Mrs. MCCARTHY, for 5 minutes, today. in these cases. These are fine judges, by golly, our Constitution promised us Mr. PALLONE, for 5 minutes, today. but they have gone astray when they that First Amendment right to free- Ms. KAPTUR, for 5 minutes, today. venture out beyond their oath and ne- dom of speech. Neither the Supreme Mr. BROWN of Ohio, for 5 minutes, glect that from which they have sworn Court nor anybody else should restrict today. to uphold. what the Constitution and the Bill of Ms. WOOLSEY, for 5 minutes, today. If I might, one of the most frus- Rights has granted to us. God willing, Mr. CUMMINGS, for 5 minutes, today. trating things in this body has been the they will not and America will not let Mr. BLUMENAUER, for 5 minutes, way people can play fast and loose with them do it in a nonviolent way. today. what is real, absolute truth. The Con- I thank the gentleman for yielding. Mr. EMANUEL, for 5 minutes, today. stitution is truth. The Constitution Mr. POE. Mr. Speaker, I want to (The following Members (at the re- does not change. It should not just go thank the gentleman from Texas (Mr. quest of Ms. ROS-LEHTINEN) to revise

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.092 H10PT1 May 10, 2005 CONGRESSIONAL RECORD — HOUSE H3111 and extend their remarks and include 1915. A letter from the Regulatory Contact, transmitting a report pursuant to the Fed- extraneous material:) Grain Inspection, Packers and Stockyards eral Vacancies Reform Act of 1998; to the Ms. ROS-LEHTINEN, for 5 minutes, Administration, Department of Agriculture, Committee on Government Reform. transmitting the Department’s final rule — 1927. A letter from the Presidential Ap- today and May 11 and 12. Export Inspection and Weighing Waiver for pointments Officer, Department of State, Ms. FOXX, for 5 minutes, May 11. High Quality Specialty Grains Transported transmitting a report pursuant to the Fed- Mr. GUTKNECHT, for 5 minutes, May in Containers (RIN: 0580-AA87) received April eral Vacancies Reform Act of 1998; to the 16 and 17. 28, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on Government Reform. Mr. GINGREY, for 5 minutes, May 11. the Committee on Agriculture. 1928. A letter from the Presidential Ap- pointments Officer, Department of State, Mr. OSBORNE, for 5 minutes, May 11. 1916. A letter from the Acting Adminis- trator, Agricultural Marketing Service, De- transmitting a report pursuant to the Fed- Mr. BURTON of Indiana, for 5 minutes, partment of Agriculture, transmitting the eral Vacancies Reform Act of 1998; to the today and May 11 and 12. Department’s final rule — Marketing Order Committee on Government Reform. Mr. PRICE of Georgia, for 5 minutes, Regulating the Handling of Spearmint Oil 1929. A letter from the Presidential Ap- May 11 and 12. Produced in the Far West; Salable Quantities pointments Officer, Department of State, Mr. MCHENRY, for 5 minutes, May 11, and Allotment Percentages for the 2005-2006 transmitting a report pursuant to the Fed- 12, and 13. Marketing Year [Docket No. FV05-985-1 FR] eral Vacancies Reform Act of 1998; to the received March 28, 2005, pursuant to 5 U.S.C. Committee on Government Reform. Mr. JONES of North Carolina, for 5 1930. A letter from the Presidential Ap- minutes, today and May 11 and 12. 801(a)(1)(A); to the Committee on Agri- culture. pointments Officer, Department of State, f 1917. A letter from the Acting Adminis- transmitting a report pursuant to the Fed- trator, Agricultural Marketing Service, De- eral Vacancies Reform Act of 1998; to the SENATE BILL REFERRED partment of Agriculture, transmitting the Committee on Government Reform. Department’s final rule — Fluid Milk Pro- 1931. A letter from the Director of Govern- A bill of the Senate of the following ment Affairs, National Endowment for the title was taken from the Speaker’s motion Order [Docket No. DA-04-04] received March 28, 2005, pursuant to 5 U.S.C. Arts, transmitting a report documenting the table and, under the rule, referred as 801(a)(1)(A); to the Committee on Agri- Endowment’s FY 2004 usage of Category Rat- follows: culture. ing Human Rescource flexibility, pursuant to S. 148. An act to establish a United States 1918. A letter from the Acting Adminis- 5 U.S.C. 3319(d); to the Committee on Gov- Boxing Commission to administer the Act, trator, Agricultural Marketing Service, De- ernment Reform. and for other purposes; to the Committee on partment of Agriculture, transmitting the 1932. A letter from the Chief Executive Of- Education and the Workforce; in addition to Department’s final rule — Beef Promotion ficer, Neighborhood Reinvestment Corpora- the Committee on Energy and Commerce for and Research; Reapportionment [Docket No. tion, transmitting the FY 2004 Annual Pro- a period to the subsequently determined by LS-04-09] received March 28, 2005, pursuant to gram Performance Report, prepared in ac- the Speaker, in each case for consideration 5 U.S.C. 801(a)(1)(A); to the Committee on cordance with the provisions of The Govern- of such provisions as fall within the jurisdic- Agriculture. ment Performance and Results Act of 1993; tion of the committee concerned. 1919. A letter from the Director, Regu- to the Committee on Government Reform. latory Review Group, Department of Agri- 1933. A letter from the Chief, Regulations f culture, transmitting the Department’s final and Administrative Law, USCG, Department of Homeland Security, transmitting the De- ADJOURNMENT rule — Tobacco Transition Payment Pro- gram (RIN: 0560-AH30) received April 7, 2005, partment’s final rule — Drawbridge Oper- Mr. POE. Mr. Speaker, I move that pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ation Regulations; Upper Mississippi River, the House do now adjourn. mittee on Agriculture. Fort Madison, Iowa [CGD08-05-018] (RIN: 1625- The motion was agreed to; accord- 1920. A letter from the Acting Chairman, AA09) received May 5, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on ingly (at 10 o’clock and 52 minutes Nuclear Regulatory Commission, transmitting in accordance with the provisions of Transportation and Infrastructure. p.m.), the House adjourned until to- Section 261 of the Atomic Energy Act of 1954 1934. A letter from the Deputy Assistant morrow, Wednesday, May 11, 2005, at 10 (42 U.S.C. 2017), Section 305 of the Energy Re- Counsel, Department of Transportation, a.m. organization Act of 1974 (42 U.S.C. 5875), and transmitting the Department’s final rule — Section 108 of the Inspector General Act of Use of Locomotive Horns at Highway-Rail f 1988 (31 U.S.C. 105(a)(25)), proposed legisla- Grade Crossings [Docket No. FRA-1999-6439, EXECUTIVE COMMUNICATIONS, tion which authorizes appropriations for FY Notice No. 16] (RIN: 2130-AA71) received ETC. 2006; to the Committee on Energy and Com- April 29, 2005, pursuant to 5 U.S.C. merce. 801(a)(1)(A); to the Committee on Transpor- Under clause 8 of rule XII, executive 1921. A letter from the Acting Assistant tation and Infrastructure. communications were taken from the Secretary for Legislative Affairs, Depart- 1935. A letter from the Chief, Publications Speaker’s table and referred as follows: ment of State, transmitting certification of and Regulations Branch, Internal Revenue a proposed license for the export of defense Service, transmitting the Service’s final rule 1911. A letter from the Congressional Re- articles or defense services sold commer- — Frivolous Arguments regarding Waiver of view Coordinator, APHIS, Department of Ag- cially under a contract to Japan (Trans- Social Security Benefits Used to Avoid Tax riculture, transmitting the Department’s mittal No. DDTC 096-04), pursuant to 22 (Rev. Rul. 2005-17) received March 22, 2005, final rule — Asian Longhorned Beetle; Re- U.S.C. 2776(c); to the Committee on Inter- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- moval of Regulated Areas [Docket No. 05-011- national Relations. mittee on Ways and Means. 1] received April 28, 2005, pursuant to 5 U.S.C. 1922. A letter from the Acting Assistant 1936. A letter from the Acting Chief, Publi- 801(a)(1)(A); to the Committee on Agri- Secretary for Legislative Affairs, Depart- cations and Regulations, Internal Revenue culture. ment of State, transmitting certification of Service, transmitting the Service’s final rule 1912. A letter from the Congressional Re- a proposed license for the export of defense — Determination of Issue Price in the Case view Coordinator, APHIS, Department of Ag- articles or defense services sold commer- of Certain Debt Instruments Issued for Prop- riculture, transmitting the Department’s cially under a contract to Iraq (Transmittal erty (Rev. Rul. 2005-23) received March 22, final rule — West Indian Fruit Fly; Regu- No. DDTC 001-05), pursuant to 22 U.S.C. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the lated Articles [Docket No. 04-127-1] received 2776(c); to the Committee on International Committee on Ways and Means. April 28, 2005, pursuant to 5 U.S.C. Relations. 1937. A letter from the Acting Chief, Regu- 801(a)(1)(A); to the Committee on Agri- 1923. A letter from the Presidential Ap- lations and Publications Branch, Internal culture. pointments Officer, Department of State, Revenue Service, transmitting the Service’s 1913. A letter from the Congressional Re- transmitting a report pursuant to the Fed- final rule — Time and Manner of Making view Coordinator, APHIS, Department of Ag- eral Vacancies Reform Act of 1998; to the Section 163(d)(4)(B) Election to Treat Quali- riculture, transmitting the Department’s Committee on Government Reform. fied Dividend Income as Investment Income final rule — Tuberculosis in Cattle and 1924. A letter from the Presidential Ap- [TD 9191] (RIN: 1545-BD16) received March 22, Bison; State and Zone Designations; Cali- pointments Officer, Department of State, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the fornia [Docket No. 05-010-1] received April 18, transmitting a report pursuant to the Fed- Committee on Ways and Means. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the eral Vacancies Reform Act of 1998; to the f Committee on Agriculture. Committee on Government Reform. 1914. A letter from the Congressional Re- 1925. A letter from the Presidential Ap- REPORTS OF COMMITTEES ON view Coordinator, APHIS, Department of Ag- pointments Officer, Department of State, PUBLIC BILLS AND RESOLUTIONS riculture, transmitting the Department’s transmitting a report pursuant to the Fed- Under clause 2 of rule XIII, reports of final rule — Commuted Traveltime [Docket eral Vacancies Reform Act of 1998; to the No. 04-108-1] received April 1, 2005, pursuant Committee on Government Reform. committees were delivered to the Clerk to 5 U.S.C. 801(a)(1)(A); to the Committee on 1926. A letter from the Presidential Ap- for printing and reference to the proper Agriculture. pointments Officer, Department of State, calendar, as follows:

VerDate jul 14 2003 05:15 May 11, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MY7.095 H10PT1 H3112 CONGRESSIONAL RECORD — HOUSE May 10, 2005 Mr. SENSENBRENNER: Committee on the By Mr. COBLE: H.R. 2229. A bill to amend title 36 of the Judiciary. H.R. 1037. A bill to make technical H.R. 2213. A bill to suspend temporarily the United States Code to ensure that memorials corrections to title 17, United States Code duty on formulations of Prosulfuron; to the commemorating the service of the United (Rept. 109–75). Referred to the Committee of Committee on Ways and Means. States Armed Forces may contain religious the Whole House on the State of the Union. By Mr. COBLE: symbols, and for other purposes; to the Com- Mr. GINGREY: Committee on Rules. House H.R. 2214. A bill to suspend temporarily the mittee on Resources. Resolution 268. Resolution providing for con- duty on formulations of triasulfuron and By Mr. KING of New York (for himself sideration of the bill (H.R. 1279) to amend dicamba; to the Committee on Ways and and Ms. SCHAKOWSKY): title 18, United States Code, to reduce vio- Means. H.R. 2230. A bill to direct the Secretary of lent gang crime and protect law-abiding citi- By Mr. COBLE: Transportation to issue regulations to re- zens and communities from violent crimi- H.R. 2215. A bill to suspend temporarily the duce the incidence of child injury and death nals, and for other purposes (Rept. 109–76). duty on formulations of triasulfuron; to the occurring inside or outside of motor vehi- Referred to the House Calendar. Committee on Ways and Means. cles, and for other purposes; to the Com- Mr. SESSIONS: Committee on Rules. By Mr. COX (for himself, Mr. LANTOS, mittee on Energy and Commerce. House Resolution 269. Resolution providing Ms. ROS-LEHTINEN, Mr. SAXTON, Mr. By Mrs. LOWEY (for herself and Mrs. for the consideration of the bill (H.R. 1544) to WELLER, Mr. SCHIFF, and Mr. ACKER- MYRICK): provide faster and smarter funding for first MAN): H.R. 2231. A bill to amend the Public H.R. 2216. A bill to develop and deploy responders, and for other purposes (Rept. 109– Health Service Act to authorize the Director technologies to defeat Internet jamming; to 77). Referred to the House Calendar. of the National Institute of Environmental the Committee on International Relations. Health Sciences to make grants for the de- f By Mr. ENGEL (for himself and Mr. velopment and operation of research centers OWENS): PUBLIC BILLS AND RESOLUTIONS regarding environmental factors that may be H.R. 2217. A bill to amend the Consumer related to the etiology of breast cancer; to Under clause 2 of rule XII, public Product Safety Act to confirm the Consumer the Committee on Energy and Commerce. bills and resolutions were introduced Product Safety Commission’s jurisdiction By Mr. MENENDEZ: over child safety devices for handguns, and and severally referred, as follows: H.R. 2232. A bill to amend title 18, United for other purposes; to the Committee on En- States Code, to provide minimum mandatory By Mr. HOYER: ergy and Commerce. penalties for certain public-corruption-re- H.R. 2207. A bill to authorize the Secretary By Mr. ENGLISH of Pennsylvania: lated offenses; to the Committee on the Judi- of Education to award grants for the support H.R. 2218. A bill to amend title XVIII of the ciary. of full-service community schools, and for Social Security Act to adjust the fee for col- By Mr. GEORGE MILLER of California other purposes; to the Committee on Edu- lecting specimens for clinical diagnostic lab- (for himself, Ms. SCHAKOWSKY, Mr. cation and the Workforce. oratory tests under the Medicare Program; SANDERS, Mr. HINCHEY, Ms. LINDA T. By Mr. MANZULLO: to the Committee on Energy and Commerce, SA´ NCHEZ of California, Mr. CUMMINGS, H.R. 2208. A bill to amend the Exchange and in addition to the Committee on Ways Mr. OWENS, Mr. CONYERS, Mr. Rates and International Economic Policy and Means, for a period to be subsequently DOGGETT, Mr. BROWN of Ohio, Mr. Coordination Act of 1988 to clarify the defini- determined by the Speaker, in each case for PAYNE, Mr. PALLONE, Mr. VAN tion of manipulation with respect to cur- consideration of such provisions as fall with- HOLLEN, Mrs. MCCARTHY, Ms. SOLIS, rency, and for other purposes; to the Com- in the jurisdiction of the committee con- Mr. GRIJALVA, Mr. ABERCROMBIE, Mr. mittee on Ways and Means, and in addition cerned. LYNCH, Mr. STARK, Ms. WOOLSEY, Mr. to the Committees on Financial Services, By Mr. GERLACH: TIERNEY, Mr. ANDREWS, Mrs. DAVIS of and International Relations, for a period to H.R. 2219. A bill to ensure that, during California, Mr. HINOJOSA, and Mr. be subsequently determined by the Speaker, time of war and in another country, the BISHOP of New York): in each case for consideration of such provi- United States does not detain a United H.R. 2233. A bill to amend title I of the Em- sions as fall within the jurisdiction of the States citizen unless the United States first ployee Retirement Income Security Act of committee concerned. ensures that the citizen’s fundamental rights 1974 and the Internal Revenue Code of 1986 to By Mr. MCINTYRE: to information, counsel, and communication limit the availability of benefits under an H.R. 2209. A bill to require the Secretary of are protected; to the Committee on the Judi- employer’s nonqualified deferred compensa- Agriculture to prepare an annual report ciary. tion plans in the event that any of the em- specifying the number of permanent and By Ms. HART: ployer’s defined pension plans are subjected H.R. 2220. A bill to suspend temporarily the temporary non-Federal employees for local to a distress or PBGC termination in connec- duty on Pontamine Green 2B; to the Com- offices of the Farm Service Agency that will tion with bankruptcy reorganization or a mittee on Ways and Means. be needed to efficiently and effectively han- conversion to a cash balance plan, to provide By Ms. HART: dle the workload generated by recurring and appropriate funding restrictions in connec- anticipated agriculture programs adminis- H.R. 2221. A bill to extend the duty suspension on Mesamoll; to the Committee on Ways tion with the maintenance of nonqualified tered by the Farm Service Agency and the deferred compensation plans, and to provide funding levels necessary to support such and Means. By Ms. HART: for appropriate disclosure with respect to workforce, and for other purposes; to the nonqualified deferred compensation plans; to Committee on Agriculture. H.R. 2222. A bill to suspend temporarily the duty on Bayderm Bottom 10 UD; to the Com- the Committee on Education and the Work- By Mr. BACA (for himself, Mr. CLEAV- mittee on Ways and Means. force, and in addition to the Committee on ER, and Mr. BROWN of Ohio): Ways and Means, for a period to be subse- H.R. 2210. A bill to require combination 3- By Ms. HART: H.R. 2223. A bill to suspend temporarily the quently determined by the Speaker, in each point safety belts on certain school buses, duty on Bayderm Finish DLH; to the Com- case for consideration of such provisions as and for other purposes; to the Committee on mittee on Ways and Means. fall within the jurisdiction of the committee Transportation and Infrastructure. By Ms. HART: concerned. By Mr. CAPUANO (for himself, Mr. H.R. 2224. A bill to suspend temporarily the By Mr. MURPHY (for himself and Mr. SESSIONS, Mr. BASS, Mr. BRADLEY of duty on Levagard DMPP; to the Committee KENNEDY of Rhode Island): New Hampshire, Mr. FRANK of Massa- on Ways and Means. H.R. 2234. A bill to authorize the Secretary chusetts, Mr. LYNCH, Mr. MCGOVERN, By Ms. HART: of Health and Human Services to make Mr. MANZULLO, Mr. MEEHAN, Mr. H.R. 2225. A bill to suspend temporarily the health information technology grants, and MICHAUD, Mr. NEAL of Massachusetts, duty on Bayderm Bottom DLV; to the Com- for other purposes; to the Committee on En- and Mr. PASCRELL): mittee on Ways and Means. ergy and Commerce, and in addition to the H.R. 2211. A bill to limit liability under the By Ms. HART: Committee on Ways and Means, for a period Comprehensive Environmental Response, H.R. 2226. A bill to suspend temporarily the to be subsequently determined by the Speak- Compensation, and Liability Act of 1980 for duty on certain ethylene-vinyl acetate co- er, in each case for consideration of such pro- service station dealers with respect to the polymers; to the Committee on Ways and visions as fall within the jurisdiction of the release or threatened release of recycled oil; Means. committee concerned. to the Committee on Energy and Commerce, By Ms. HART: By Mr. PALLONE: and in addition to the Committee on Trans- H.R. 2227. A bill to extend the duty suspen- H.R. 2235. A bill to amend the Federal portation and Infrastructure, for a period to sion on ortho-phenylphenol; to the Com- Food, Drug, and Cosmetic Act to safeguard be subsequently determined by the Speaker, mittee on Ways and Means. public health and provide to consumers food in each case for consideration of such provi- By Ms. HART: that is safe, unadulterated, and honestly pre- sions as fall within the jurisdiction of the H.R. 2228. A bill to extend the duty suspen- sented; to the Committee on Energy and committee concerned. sion on Iminodisuccinate; to the Committee Commerce. By Mr. COBLE: on Ways and Means. By Mr. PALLONE: H.R. 2212. A bill to extend the temporary By Mr. HUNTER (for himself, Mr. H.R. 2236. A bill to establish a comprehen- suspension of duty on Trinexapac-Ethyl; to CUNNINGHAM, Mr. LEWIS of California, sive program to ensure the safety of food the Committee on Ways and Means. and Mr. ISSA): products intended for human consumption

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which are regulated by the Food and Drug tain additional retired members of the H.R. 869: Mr. PAYNE. Administration; to the Committee on Energy Armed Forces who have a service-connected H.R. 880: Mr. SANDERS and Mr. DICKS. and Commerce. disability to receive both disability com- H.R. 917: Mr. BRADY of Pennsylvania. By Mr. PALLONE: pensation for the Department of Veterans H.R. 920: Mrs. NORTHUP. H.R. 2237. A bill to help protect the public Affairs for their disability and either retired H.R. 937: Mrs. CAPPS, Ms. WASSERMAN against the threat of chemical attacks; to pay by reason of their years of military serv- SCHULTZ, Ms. EDDIE BERNICE JOHNSON of the Committee on Energy and Commerce, ice or Combat-Related Special Compensation Texas, Mr. FATTAH, Mrs. CHRISTENSEN, and and in addition to the Committee on Home- and to eliminate the phase-in period under Mr. MCGOVERN. land Security, for a period to be subse- current law with respect to such concurrent H.R. 946: Mr. SANDERS. quently determined by the Speaker, in each receipt; to the Committee on Rules. H.R. 952: Mr. NADLER. case for consideration of such provisions as H.R. 988: Mr. GILLMOR. f H.R. 997: Mr. WELDON of Florida, Mr. fall within the jurisdiction of the committee STEARNS, and Mr. SHAYS. concerned. PRIVATE BILLS AND H.R. 999: Mr. SMITH of New Jersey, Mr. By Mr. PASCRELL (for himself, Mr. RESOLUTIONS EVANS, and Mr. BOSWELL. PAYNE, Mr. ALLEN, Mr. OWENS, Mr. H.R. 1002: Mr. HOSTETTLER. MORAN of Virginia, Mr. KIND, Mr. Under clause 3 of rule XII, H.R. 1020: Mr. SCHWARZ of Michigan, Ms. REYES, Ms. NORTON, Mr. MEEKS of Ms. JACKSON-LEE of Texas introduced a SLAUGHTER, Mr. WEXLER, and Mr. NORWOOD. New York, Mr. TOWNS, Ms. ROS- bill (H.R. 2247) for the relief of Jen-Hui Tsai; H.R. 1029: Mr. DOGGETT. LEHTINEN, and Mr. LANGEVIN): which was referred to the Committee on the H.R. 1125: Mr. ALLEN. H.R. 2238. A bill to establish a grant pro- Judiciary. H.R. 1139: Mr. ETHERIDGE. gram to provide comprehensive eye examina- H.R. 1150: Mr. BOUSTANY. f tions and necessary follow up treatment to H.R. 1153: Mr. BAIRD and Mr. CARNAHAN. children, and for other purposes; to the Com- ADDITIONAL SPONSORS H.R. 1157: Ms. LORETTA SANCHEZ of Cali- mittee on Energy and Commerce. fornia. By Mr. RAMSTAD (for himself, Mr. Under clause 7 of rule XII, sponsors H.R. 1166: Mr. GEORGE MILLER of Cali- HERGER, Mr. SAM JOHNSON of Texas, were added to public bills and resolu- fornia. Mr. ENGLISH of Pennsylvania, Mr. tions as follows: H.R. 1184: Mr. SNYDER. FOLEY, and Mr. CANTOR): H.R. 1204: Ms. SOLIS, Ms. NORTON, Mr. KIRK, H.R. 22: Mr. NORWOOD, Mr. CARDIN, and Mr. H.R. 2239. A bill to amend the Internal Rev- Mr. WAXMAN, Mr. WYNN, Mr. PRICE of North BASS. enue Code of 1986 to reduce the recognition Carolina, Mr. GONZALEZ, and Mr. COOPER. H.R. 23: Mr. LARSON of Connecticut, Mr. period for built-in gains for subchapter S H.R. 1222: Mr. CLEAVER, Mr. SANDERS, and OWENS, Mr. ANDREWS, and Mr. KING of Iowa. corporations; to the Committee on Ways and Mr. BRADY of Pennsylvania. H.R. 36: Mr. BERRY, Mr. REHBERG, and Mr. Means. H.R. 1225: Ms. SCHAKOWSKY. MOORE of Kansas. By Mr. SANDERS (for himself, Mr. H.R. 1226: Mr. KENNEDY of Minnesota. H.R. 37: Mr. PENCE. KUCINICH, Ms. CORRINE BROWN of H.R. 1237: Mr. MENENDEZ. H.R. 98: Mr. GALLEGLY. OWNS NYDER Florida, Mr. OWENS, Mrs. H.R. 1246: Mr. T , Mr. S , Mrs. H.R. 127: Mr. ABERCROMBIE. C ARTHY ORAN CHRISTENSEN, Mr. PAYNE, Mr. MCGOV- M C , and Mr. M of Virginia. H.R. 128: Mr. BISHOP of Georgia, Ms. H.R. 1262: Mr. MILLER of Florida and Mr. ERN, and Mr. ABERCROMBIE): DELAURO, Mr. SKELTON, Mr. MILLER of North H.R. 2240. A bill to provide assistance for SCHIFF. Carolina, Mr. GONZALEZ, and Ms. the development of indoor disease prevention H.R. 1276: Mr. KANJORSKI. SCHAKOWSKY. H.R. 1293: Mr. CUMMINGS. and health promotion centers in urban and H.R. 136: Mr. HALL and Mr. FORBES. H.R. 1300: Mr. DAVIS of Illinois. rural areas throughout the United States; to H.R. 176: Mr. CALVERT. H.R. 1307: Mr. PAYNE and Mr. PALLONE. the Committee on Energy and Commerce, H.R. 190: Mr. COX. H.R. 1310: Ms. SCHAKOWSKY. and in addition to the Committee on Edu- H.R. 197: Mr. EDWARDS. H.R. 1316: Mr. LEWIS of Kentucky, Mr. cation and the Workforce, for a period to be H.R. 278: Mr. GINGREY. WELDON of Florida, Ms. ROS-LEHTINEN, and subsequently determined by the Speaker, in H.R. 280: Mr. PASCRELL. Mr. POE. each case for consideration of such provi- H.R. 282: Ms. SOLIS, Mr. OWENS, Mr. WU, H.R. 1351: Mr. MENENDEZ and Mr. KIND. sions as fall within the jurisdiction of the Mr. BISHOP of Georgia, Mr. TURNER, Mr. H.R. 1355: Mr. CARTER, Mr. BURGESS, Mr. committee concerned. CONAWAY, Mr. GERLACH, Mr. COSTELLO, Mr. MANZULLO, Mr. TERRY, Mr. CONWAY, Mr. By Mr. SAXTON: KINGSTON, Mr. REHBERG, Mr. COOPER, Mr. GORDON, Mr. JINDAL, Mr. REICHERT, and Mr. H.R. 2241. A bill to suspend temporarily the GONZALES, Mr. BARRETT of South Carolina, STEARNS. duty on Lewatit; to the Committee on Ways Mr. BROWN of South Carolina, Mr. DAVIS of H.R. 1357: Mr. LINDER. and Means. Florida, and Ms. SLAUGHTER. H.R. 1373: Mr. WEXLER, Mr. TERRY, Mr. By Mr. SAXTON: RANGEL, Ms. WOOLSEY, Mr. PAUL, Mrs. DAVIS H.R. 2242. A bill to extend the temporary H.R. 292: Ms. BERKLEY. H.R. 302: Ms. HARMAN and Mr. REYES. of California, and Mr. FORTENBERRY. suspension of duty on certain ion-exchange H.R. 1379: Mr. CALVERT, Mr. DOYLE, and H.R. 328: Ms. LINDA T. SA´ NCHEZ of Cali- resins; to the Committee on Ways and Ms. HART. fornia, Mr. DEFAZIO, and Ms. HARMAN. Means. H.R. 1380: Mr. HOSTETTLER and Mr. HOEK- H.R. 373: Mr. LANGEVIN and Mr. NADLER. By Mr. SPRATT: STRA. H.R. 389: Mr. POE. H.R. 2243. A bill to extend the temporary H.R. 1390: Mr. AL GREEN of Texas. H.R. 438: Mr. CARDOZA. suspension of duty on 2,6 Dichlorotoluene; to H.R. 1409: Mr. REICHERT, Mr. FILNER, and H.R. 530: Mr. BISHOP of Utah. the Committee on Ways and Means. Mr. SPRATT. H.R. 533: Mr. GEORGE MILLER of California. By Mr. SPRATT: H.R. 1424: Ms. SCHWARTZ of Pennsylvania, H.R. 554: Mr. GILLMOR. H.R. 2244. A bill to suspend temporarily the Mr. VISCLOSKY, Mr. MARKEY, Ms. H.R. 556: Mr. MCCAUL of Texas and Mr. duty on Glyoxylic Acid 50%; to the Com- SCHAKOWSKY, Mr. UDALL of Colorado, and REICHERT. mittee on Ways and Means. Mrs. DAVIS of California. By Mr. SPRATT: H.R. 558: Mr. PASCRELL, Mr. ETHERIDGE, H.R. 1426: Mr. TIAHRT and Mr. OBERSTAR. H.R. 2245. A bill to suspend temporarily the Mr. KING of Iowa, and Ms. ZOE LOFGREN of H.R. 1428: Mr. WALSH. duty on paraChlorophenol; to the Committee California. H.R. 1445: Mr. EDWARDS and Mr. OWENS. on Ways and Means. H.R. 581: Mr. OWENS and Mr. TOM DAVIS of H.R. 1474: Mr. WU and Mrs. JOHNSON of Con- By Mrs. TAUSCHER: Virginia. necticut. H.R. 2246. A bill to suspend temporarily the H.R. 676: Mr. GEORGE MILLER of California, H.R. 1492: Mr. LAHOOD, Mr. CARDIN, Mr. duty on allethrin; to the Committee on Ways Ms. WOOLSEY, Mr. OWENS, Mr. CLAY, Mr. GONZALEZ, Mr. PALLONE, Ms. DEGETTE, Mr. and Means. MCGOVERN, Mr. PAYNE, and Ms. BALDWIN. SHERMAN, Mr. OWENS, Mr. TOWNS, Ms. By Mrs. MYRICK (for herself, Mr. H.R. 759: Mrs. TAUSCHER. MILLENDER-MCDONALD, Ms. WATSON, Mr. HAYES, and Mr. WATT): H.R. 762: Mr. SANDERS. CROWLEY, Mr. CUMMINGS, Mr. GEORGE MILLER H. Con. Res. 148. Concurrent resolution rec- H.R. 763: Mr. SANDERS. of California, Mrs. JONES of Ohio, Mr. SNY- ognizing the 230th anniversary of the Meck- H.R. 778: Mr. COX. DER, Mr. MATHESON, Mr. LEVIN, Mr. BECERRA, lenburg Declaration of Independence, which H.R. 791: Ms. LEE, Mr. BRADY of Pennsyl- Mr. NUNEs, and Mr. BURTON of Indiana. was the first proclamation issued by Amer- vania, Ms. HERSETH, and Mr. CLYBURN. H.R. 1498: Mrs. DAVIS of California, Mr. ican colonists calling for complete separa- H.R. 800: Mr. KIND, Mr. JOHNSON of Illinois, SOUDER, Mr. MCCOTTER, Mr. NEY, Mr. WAMP, tion of the American colonies from the Brit- Mr. MCINTYRE, Mr. MICA, and Mr. MCCOTTER. Mr. BURTON of Indiana, Mr. MCGOVERN, Mr. ish Crown; to the Committee on Government H.R. 807: Mr. CROWLEY. WESTMORELAND, Mr. MCHUGH, and Mr. PRICE Reform. H.R. 810: Ms. GINNY BROWN-WAITE of Flor- of Georgia. By Mr. MARSHALL: ida. H.R. 1499: Mr. WEXLER. H. Res. 270. A resolution providing for con- H.R. 819: Mr. CROWLEY. H.R. 1505: Mr. CAMP, Mr. KENNEDY of Min- sideration of the bill (H.R. 303) to amend H.R. 820: Mr. MCCAUL of Texas. nesota, Mr. SMITH of Texas, Mr. CONAWAY, title 10, United States Code, to permit cer- H.R. 867: Mr. OWENS and Mrs. MALONEY. and Mr. CANNON.

VerDate jul 14 2003 05:15 May 11, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\L10MY7.100 H10PT1 H3114 CONGRESSIONAL RECORD — HOUSE May 10, 2005

H.R. 1508: Mr. CARNAHAN. H.R. 1872: Mr. GUTKNECHT and Mr. H.J. Res. 22: Mr. HEFLEY. H.R. 1509: Mr. MEEK of Florida. BOUSTANY. H. Con. Res. 71: Mr. MCGOVERN and Mr. H.R. 1510: Mrs. CAPITO, Mr. REHBERG, and H.R. 1898: Mr. FOLEY and Mr. DANIEL E. CROWLEY. Mr. RAMSTAD. LUNGREN of California. H. Con. Res. 76: Mrs. DRAKE and Mr. H.R. 1526: Mr. TIERNEY, Mr. LANTOS, and H.R. 1985: Mrs. JO ANN DAVIS of Virginia. CULBERSON. Mr. FILNER. H.R. 2018: Mr. SAXTON. H. Con. Res. 85: Mr. REICHERT and Mr. H.R. 1547: Mr. NORWOOD. H.R. 2037: Ms. WASSERMAN SCHULTZ. RAMSTAD. H.R. 1554: Ms. DEGETTE. H.R. 2045: Mr. BURTON of Indiana, Mr. H.R. 1575: Ms. SLAUGHTER and Mr. ROGERS HOSTETTLER, Mr. VISCLOSKY, and Mr. H. Con. Res. 89: Mr. FILNER and Mr. POR- of Kentucky. GILLMOR. TER. H.R. 1578: Mr. CARDIN, Mr. STARK, Mrs. H.R. 2049: Mr. GOODE and Mr. TANCREDO. H. Con. Res. 90: Mr. KILDEE, Mr. COSTELLO, CAPITO, and Ms. HOOLEY. H.R. 2073: Mr. CAPUANO, Mr. ABERCROMBIE, Mr. GONZALEZ, Mr. MCDERMOTT, Mr. LEVIN, H.R. 1591: Mrs. MILLER of Michigan, Mr. and Mr. CLAY. Mr. SANDERS, and Ms. ZOE LOFGREN of Cali- LEVIN, Mr. MICHAUD, and Mrs. TAUSCHER. H.R. 2074: Mr. GRIJALVA, Ms. BORDALLO, fornia. H.R. 1592: Mrs. MILLER of Michigan, Mr. Mrs. JONES of Ohio, Mr. BRADY of Pennsyl- H. Con. Res. 105: Mr. WEINER, Mr. ACKER- ABERCROMBIE, and Ms. BORDALLO. vania, Mr. ABERCROMBIE, Mr. RYAN of Ohio, MAN, Mr. MICHAUD, Ms. KILPATRICK of Michi- H.R. 1602: Mr. ROYCE. Mr. FILNER, and Mrs. DAVIS of California. gan, Mr. ENGEL, Mr. SCOTT of Virginia, Ms. H.R. 1620: Mrs. MALONEY. H.R. 2087: Mr. THOMPSON of California, Mr. SCHAKOWSKY, Mr. KENNEDY of Rhode Island, H.R. 1633: Mr. CALVERT, Mr. REYES, and Mr. CONYERS, Mr. SABO, Ms. CARSON, Mr. LANTOS, Mr. WILSON of South Carolina, Mr. LEWIS of OWENS. and Mr. HASTINGS of Florida. California, and Mr. CULBERSON. H.R. 1664: Mr. GREEN of Wisconsin. H.R. 2122: Mr. LANTOS and Mr. ABER- H. Con. Res. 133: Mr. SCHIFF, Mr. GEORGE H.R. 1671: Mr. CUELLAR, Mr. ORTIZ, and Mr. CROMBIE. MILLER of California, Mr. MCDERMOTT, Mr. H.R. 2131: Mr. MORAN of Virginia and Mr. PRICE of Georgia. LANTOS, Mr. REYES, Mr. ISRAEL, Mr. DAVIS of Florida. H.R. 1678: Mr. MCCAUL of Texas. GRIJALVA, Mr. CASE, Mr. FARR, Mr. KUCINICH, H.R. 1688: Mr. WAXMAN. H.R. 2134: Mr. MCDERMOTT. Mr. MEEHAN, Mr. BLUMENAUER, Mr. PALLONE, H.R. 1690: Mr. OLVER and Mr. HASTINGS of H.R. 2184: Ms. EDDIE BERNICE JOHNSON of Mr. DEFAZIO, Ms. BALDWIN, Mr. BAIRD, Ms. Florida. Texas and Mrs. MCCARTHY. WOOLSEY, Mr. FRANK of Massachusetts, Mr. H.R. 1696: Ms. BALDWIN, Mr. HASTINGS of H.R. 2193: Mr. PASTOR. GONZALEZ, and Mr. FALEOMAVAEGA. Florida, Mr. CUELLAR, Mr. SABO, Mr. GENE H.R. 2205: Mr. RYAN of Ohio. H. Con. Res. 138: Mr. MCGOVERN. GREEN of Texas, Mr. MCGOVERN, Mr. GON- H.J. Res. 7: Mr. WICKER. ZALEZ, Ms. BERKLEY, Mr. SANDERS, Mr. H.J. Res. 10: Mrs. DRAKE, Mr. FOLEY, Mr. H. Con. Res. 144: Mr. GORDON, Mr. KENNEDY SCHIFF, Ms. DEGETTE, Mr. KENNEDY of Rhode PENCE, Mr. NUSSLE, Mr. SESSIONS, Mr. GOOD- of Minnesota, Mr. CALVERT, Mr. BERKLEY, Island, Mr. FRANK of Massachusetts, and Mr. LATTE, Mr. RENZI, Mr. WHITFIELD, Mr. and Mr. PALLONE. EDWARDS. CARTER, Mr. NORWOOD, Mr. CANNON, and Mr. H. Con. Res. 145: Mr. GREEN of Wisconsin, H.R. 1707: Mr. CUNNINGHAM, Mr. SHAYS, Mr. PRICE of Georgia. Mr. CROWLEY, Mr. DOGGETT, Ms. BALDWIN, TOWNS, Mr. HINCHEY, Mr. FARR, Mr. H.J. Res. 12: Mr. JACKSON of Illinois, Mr. Mr. SANDERS, Mr. LIPINSKI, Mr. KIND, Mrs. GRIJALVA, Mr. LANTOS, and Mr. UDALL of CUELLAR, Mr. BACA, Mrs. DAVIS of California, TAUSCHER, Ms. MCCOLLUM of Minnesota, Mr. Colorado. Mr. BUTTERFIELD, Ms. CORRINE BROWN of BURTON of Indiana, and Mr. BOUCHER. H.R. 1708: Mr. MENENDEZ. Florida, Mr. BROWN of Ohio, Mr. DELAHUNT, H. Res. 116: Mr. GRIJALVA. H.R. 1736: Mr. MILLER of North Carolina. Mr. CLEAVER, Mr. BERMAN, Mr. ABER- H. Res. 121: Mr. BOREN CROMBIE, Mr. CAROLIN, Mr. CONYERS, Mr. H.R. 1746: Mr. KENNEDY of Minnesota. H. Res. 123: Ms. ZOE LOFGREN of California. H.R. 1751: Mr. BOUSTANY, Mr. WILSON of BAIRD, Mr. HASTINGS of Florida, Mr. H. Res. 142: Mrs. BLACKBURN. South Carolina, Mr. KUHL of New York, Mr. MCDERMOTT, Mr. FARR, Ms. EDDIE BERNICE H. Res. 146: Mr. GOHMERT, and Mr. CHABOT, Mr. DANIEL E. LUNGREN of Cali- JOHNSON of Texas, Mr. LARSEN of Wash- HOSTETTLER. fornia, and Mr. CONAWAY. ington, Mr. FALEOMAVAEGA, Ms. JACKSON- H. Res. 245: Mr. CLYBURN, Mr. KUCINICH, H.R. 1770: Mr. MCCAUL of Texas and Mr. LEE of Texas, Mr. HONDA, Mr. MCGOVERN, Mr. HASTINGS of Florida, Mr. RANGEL, and DREIER. Mr. KUCINICH, Mr. OWENS, Mr. RANGEL, Mr. Mr. BACA. H.R. 1776: Mr. BISHOP of Utah, Mr. COX, and WEINER, Mr. VAN HOLLEN, Mr. THOMPSON of Mr. PENCE. Mississippi, Mr. LANTOS, Ms. MILLENDER- H. Res. 251: Mr. COSTA, and Mr. SCHWARZ of H.R. 1806: Mr. LANGEVIN. MCDONALD, Mr. NADLER, Ms. LINDA T. Michigan. H.R. 1816: Mr. MANZULLO, Mr. BARTLETT of SA´ NCHEZ of California, Mr. RYAN of Ohio, Ms. H. Res. 252: Mr. SKELTON, Mr. OBERSTAR, Maryland, Ms. GRANGER, and Mr. WATSON, Mr. WEXLER, Mr. KENNEDY of Rhode Mrs. MILLER of Michigan, Mr. TURNER, Mr. HOSTETTLER. Island, Ms. LEE, Mr. TOWNS, Mr. DICKS, Mr. SHUSTER, Mr. MEEKS of New York, Mr. NEAL H.R. 1849: Mr. CUMMINGS, Mr. PRICE of LEWIS of Georgia, Mr. MENENDEZ, Mr. of Massachusetts, Mr. HOLDEN, Mr. Georgia, Mr. FARR, Ms. JACKSON-LEE of GEORGE MILLER of California, Mr. WHITFIELD, and Mr. BURTON of Indiana. Texas, Mr. DAVIS of Kentucky, and Mr. SNY- RUPPERSBERGER, Ms. KILPATRICK of Michi- H. Res. 266: Mr. CUNNINGHAM, Mr. RAMSTAD, DER. gan, and Mr. MICHAUD. and Mrs. MCCARTHY.

VerDate jul 14 2003 04:02 May 11, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MY7.037 H10PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, TUESDAY, MAY 10, 2005 No. 60 Senate The Senate met at 9:45 a.m. and was ator from the State of Louisiana, to perform MIDDLE EAST VISIT called to order by the Honorable DAVID the duties of the Chair. Mr. FRIST. Mr. President, last week, VITTER, a Senator from the State of TED STEVENS, President pro tempore. I had the opportunity to travel Louisiana. throughout the Middle East. My stops Mr. VITTER thereupon assumed the included Israel, the West Bank, Jordan, PRAYER Chair as Acting President pro tempore. Lebanon, and Egypt. It was a fas- The Chaplain, Dr. Barry C. Black, of- f cinating and illuminating trip for me. fered the following prayer: We saw firsthand many of the chal- Let us pray. RECOGNITION OF THE MAJORITY lenges facing that region. I came away Savior, lead us today as a shepherd. LEADER with a much greater appreciation for Guide our lives and inspire our hearts. the remarkable developments we have May the talents gathered here on Cap- The ACTING PRESIDENT pro tem- witnessed in that part of the world in itol Hill help in the awesome task of pore. The majority leader is recog- recent months: The elections in the bringing healing to our world. nized. Palestinian Authority, the Cedar revo- Strengthen our lawmakers as they lution in Lebanon, and the significant f deal with unintended needs and un- reforms taking place in Egypt. Progress and democracy are on the solved problems. Make them eager to SCHEDULE lift burdens and ready to respond in march. service to humanity. Mr. FRIST. Mr. President, today we Our first stop was in Jerusalem Help each of us to feel a bit of the re- will have a 1-hour period of morning where we had the chance to explore the sponsibility for the challenges that business with time equally divided be- rich history of the old city, the heart hang heavy over our land. In Your un- tween the majority and minority. Fol- of three of the world’s major religions. failing love, give us the wisdom to following that time, the Senate will pro- We visited the Church of the Holy Sep- low the leading of Your powerful provi- ceed to the emergency supplemental ulcher, the Temple Mount, the Western dence. appropriations conference report. Wall. We had the opportunity to wit- Blessed be Your Name forever. Amen. Chairman COCHRAN will manage time ness the site that is familiar to anyone on our side. We hope to reach shortly a who travels to that wonderful city of f consent to limit the time necessary on faiths. People were practicing their be- PLEDGE OF ALLEGIANCE the conference report. We have not had liefs side by side, ways that in many many requests for time on our side. We The Honorable DAVID VITTER led the ways are very different. That gives real Pledge of Allegiance, as follows: hope to have a reasonable period of de- confidence for the future when you ex- bate prior to the vote. It looks as if the perience it. I was truly overwhelmed, I pledge allegiance to the Flag of the United States of America, and to the Repub- vote will occur sometime this after- once again, by the old city’s holiness lic for which it stands, one nation under God, noon after the policy lunch recess. We and sense of history. indivisible, with liberty and justice for all. will be recessing for the policy lunch- We met with several Israeli political eons from 12:30 to 2:15 today. leaders. Senator LIEBERMAN and I met f Once we complete the supplemental with Prime Minister Ariel Sharon. APPOINTMENT OF ACTING appropriations, we will return to the Much of our discussion focused on that PRESIDENT PRO TEMPORE highway bill. Chairman INHOFE has roadmap. The Prime Minister discussed been encouraging Senators to offer with us his courageous decision to The PRESIDING OFFICER. The their amendments. I join him in that withdraw from the Gaza Strip. We dis- clerk will please read a communication statement. Senators should not delay cussed all of the contentious issues, to the Senate from the President pro in offering those amendments. Please issues such as those surrounding settle- tempore (Mr. STEVENS). come to the floor as soon as reasonable ments. We discussed the importance of The legislative clerk read the fol- to offer those amendments. We want to coordinating the withdrawal from the lowing letter: finish the highway bill this week. Gaza Strip with the Palestinians in U.S. SENATE, Again, I advise Members that the clock order to ensure stability in the Gaza PRESIDENT PRO TEMPORE, is ticking on this bill. Strip and to ensure security in the Washington, DC, May 10, 2005. To the Senate: I expect rollcall votes later today on Gaza Strip after the withdrawal. A lot Under the provisions of rule I, paragraph 3, amendments to the bill. As always, we of attention was placed on the with- of the Standing Rules of the Senate, I hereby will notify all Senators as the votes are drawal out of the Gaza Strip wherever appoint the Honorable DAVID VITTER, a Sen- scheduled. we moved throughout the Middle East.

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

S4797

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.000 S10PT1 S4798 CONGRESSIONAL RECORD — SENATE May 10, 2005 I believe the Prime Minister’s Gaza dis- lieve we can expect continued and pos- JUDICIAL NOMINATIONS engagement plan is a bold step. It is a sibly even better growth in the future. Mr. HATCH. Mr. President, yesterday historic step. As a physician, at most of these stops marked the fourth anniversary of The success of his plan, however, will I take a few hours off to go to a hos- President Bush’s first judicial nomina- ultimately depend on the Palestinians’ pital or a clinic where I have a little tions, a group of 11 highly qualified ability to stop terrorist acts, to picture or window of the realities of men and women nominated to the U.S. strengthen democratic institutions, to what is going on in the country. I meet courts of appeals. provide security and to deliver tangible with doctors, nurses, and patients and As I said in the East Room at the benefits to the Palestinian people. The ask them questions very directly. I White House on May 9, 2001: I hope the Palestinian people have great expecta- went to the Hadassah Hospital, where I Senate will at least treat these nomi- tions. It will be up to their government had not been, in Jerusalem. It is a nees fairly. Many of our Democratic to deliver tangible benefits to open large tertiary care hospital supported colleagues instead chose to follow their their world to something that is con- by a number of individuals in the minority leader’s order issued days crete but more importantly, to hope United States. We toured the trauma after President Bush took office, to use for the future. unit, unique anywhere in the world in ‘‘whatever means necessary’’ to defeat We also met with former Cabinet that it has seen more suicide attack judicial nominees the minority does member Natan Sharansky; Knesset victims than any trauma unit. In fact, not like. speaker Reuven Rivlin, and foreign af- they were telling me that there have While the previous 3 Presidents saw fairs and defense committee chairman been 32 suicide attacks in the last 3 their first 11 appeals court nominees Yuval Steinitz. All three of these indi- years. Each of these suicide attacks— confirmed in an average of just 81 days, viduals were opposed to the withdrawal really, never thought about a decade today, 1,461 days later, 3 of those origi- from the Gaza Strip. They are all ago there at the hospital—involved on nal nominees have not even received a gravely concerned about the mili- average about 80 injured people; each vote, let alone been confirmed. Three tarization of the Sinai and weapons one, on average, killing about 10 indi- have withdrawn. In 2003, the minority opened a new smuggling from the south up into viduals. From an observer’s standpoint, front in the confirmation conflict by Gaza. It was important to hear their it points to the reality of what has using filibusters to defeat majority- views on these critical matters. I share gone on in that part of the world over supported judicial nominees. This their concern. the last 4 years. The withdrawal plan is understand- morning I will briefly address the top We also talked a lot about the poten- 10 most ridiculous judicial filibuster ably controversial and difficult for tial for biological attack as well as many families living in the Gaza Strip. defenses. Time permits only brief chemical attack and their preparedness treatment, but it was difficult to limit I also believe withdrawal is a crucial from the hospital facility standpoint. the list to 10. step toward securing a lasting peace in All in all, my trip to Jerusalem con- No. 10 is the claim that these filibus- that part of the world. firmed my confidence in the strength ters are part of Senate tradition. Call- Our discussion confirmed my belief of our very special relationship with ing something a filibuster, even if you that the withdrawal must be coordi- Israel and the need for continued repeat it over and over, does not make nated with the Palestinian Authority American support for this vital friend it so. These filibusters block confirma- so that the Palestinian Authority can and ally. Israel stands for what Amer- tion of majority-supported judicial prevent attacks against Israel and ica stands for. Ultimately, it is up to nominations by defeating votes to in- make tangible progress toward the the Israelis and the Palestinians to voke cloture or end debate. Either roadmap. meet face to face and make the dif- these filibusters happened before or Right now, there is an opening for ficult decisions that will lead to peace. they did not. huge progress. Both sides have the op- My meetings with Israel’s leaders re- Let me take the evidence offered by portunity to build the trust that will inforce my belief they are willing to filibuster proponents at face value. Let be necessary for negotiations on what take the difficult steps. I will continue me refer to these two charts. These two we all know will be the most con- to do what I can to support them in charts list some representative exam- troversial issues. Both sides have to their efforts. ples of what Democrats repeatedly fulfill their obligations. In closing, tomorrow I will speak claim is filibuster precedence. The Sen- To begin, Palestinians must dis- very briefly on my trip to the West ate confirmed each of these nomina- mantle the terrorist groups and stop Bank. I do believe peace can be tions. As ridiculous as it sounds, fili- all terrorist attacks against Israel. For achieved. I look forward to sharing buster proponents claim, with a the Israelis, it is critical to halt settle- with my colleagues some of the obser- straight face, by the way, that con- ment activity and expansion. Much vations and the lessons I have learned firming these past nominations justi- more will need to be done as we move in my interactions with the people in fies refusing to confirm nominations along the roadmap. the Middle East. today. In our conversation with Prime Min- I yield the floor. Some examples are more ridiculous ister Sharon, we also discussed our mu- than others. Stephen Breyer is on the tual concern about Iran’s nuclear am- f Democrats’ list of filibusters, sug- bitions. We agree that a nuclear-armed gesting that the Senate treated his Iran poses a threat to Israel, the re- RESERVATION OF LEADER TIME nomination the way Democrats are gion, to Europe, and to the United treating President Bush’s nominations States. In my view, the United States The ACTING PRESIDENT pro tem- today. The two situations could not be must support the work of our European pore. Under the previous order, the more different. Even though President allies to end diplomatically Iran’s nu- leadership time is reserved. Carter nominated now-Justice Breyer clear ambitions. Failing that, we must but then attorney Breyer, law professor f take the issue directly to the United Breyer, in November 1980, after losing Nations Security Council for action. his bid for reelection—that is when he A final meeting was with Finance MORNING BUSINESS nominated him—and after Democrats Minister and former Prime Minister The ACTING PRESIDENT pro tem- lost control of the Senate, we voted to Benjamin Netanyahu. He is working pore. Under the previous order, there end debate and overwhelmingly con- hard to ease the tax burden in order to will be a period for the transaction of firmed Stephen Breyer just 26 days stimulate his country’s economy. He morning business for up to 60 minutes, after his nomination. And I had a lot to has made remarkable progress. His with the first half of the time under do with that. The suggestion that con- plan is gaining success. The Israeli the control of the majority leader or firming the Breyer nomination for the economy right now is growing. The his designee, and the second half of the party losing its majority now justifies economic output, in fact, is growing at time under the control of the Demo- filibustering nominations for the party a robust annual rate of 4 percent. If he cratic leader or his designee. keeping its majority is, well, just plain is able to make further reforms, I be- The Senator from Utah is recognized. ridiculous.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.002 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4799 No. 9 on the list of the most ridicu- nation of Clarence Thomas in 1991 since by preventing the Senate from exer- lous filibuster defenses is that they are they did not use the filibuster? That cising its role of advice and consent at necessary, they say, to prevent one- conflict lasting several months and all. party rule from stacking the Federal concluding with that 52-to-48 confirma- Former Majority Leader Mike Mans- bench. Now, if you win elections, you tion vote did not look like a field once explained that by filibus- say the country has chosen its leader- rubberstamp to me. tering judicial nominations, individual ship. If you lose, you complain about Some modify this ridiculous argu- Senators presume what he called one-party rule. When your party con- ment by saying this applies when one ‘‘great personal privilege at the ex- trols the White House, the President party controls both the White House pense of the responsibilities of the Sen- appoints judges. When the other party and the Senate. They make the stun- ate as a whole, and at the expense of controls the White House, the Presi- ning observation that Senators of the the constitutional structure of the fed- dent stacks the bench—at least that President’s party are likely to vote for eral government.’’ seems to be the attitude. his nominees. The assistant minority In September 1999, the Senator from Our Democratic colleagues say we leader, Senator DURBIN, recently said, Massachusetts, Mr. KENNEDY, expressed should be guided by how the Demo- for example, that Republican Senators the same view when he said: cratic Senate handled Franklin Roo- are nothing but ‘‘lapdogs’’ for Presi- It is true that some Senators have voiced sevelt’s attempt to pack the Supreme dent Bush. concerns about these nominations. But that Court. It is true that FDR’s legislative Pointing at others can be dangerous should not prevent a roll call vote which proposal to create new Supreme Court because you have a few fingers pointing gives every Senator the opportunity to vote ‘‘yes’’ or ‘‘no.’’ seats failed, and without a filibuster, I back at yourself. Counting both unani- might add. But as it turned out, pack- mous consent or rollcall votes, more Those were the words of our col- ing the Supreme Court required only than 37,500 votes were cast here on the league from Massachusetts, Senator filling the existing seats. President Senate floor on President Clinton’s ju- KENNEDY: Give every Senator the op- Roosevelt packed the Court all right, dicial nominations. Only 11 of them, portunity to vote yes or no. That was then; this is now. by appointing no less than eight Jus- just a teeny, tiny, three one-hun- In case anyone needs further clari- tices in 6 years—more than any Presi- dredths of 1 percent, were ‘‘no’’ votes fication on this point, I ask unanimous dent, except George Washington him- from Democrats—only 11 of 37,500. consent that the definition of ‘‘checks self. Were they just rubberstamping lapdogs and balances’’ from two sources, This chart is an answer to FDR’s in supporting President Clinton? ‘‘congressforkids.net’’ and court packing without a filibuster. The Constitution assigns the same ‘‘socialstudieshelp.com,’’ be printed in Now, let me just make some points. As roles to the President and the Senate the RECORD. the chart shows, during the 75th, 76th, no matter which party the American There being no objection, the mate- and 77th Congresses, when President people put in charge of which end of rial was ordered to be printed in the Roosevelt made those nominations, Pennsylvania Avenue. RECORD, as follows: Democrats outnumbered Republicans In the 1960s, the Democrats were in Definition of checks and balances from by an average of 70 Democrats to 20 Re- charge, yet Minority Leader Everett www.congressforkids.org. publicans. Now, that is one-party rule. Dirksen refused to filibuster judicial ‘‘By creating three branches of govern- Yet the Senate confirmed those Su- nominees of Presidents Kennedy or ment, the delegates built a ‘check and bal- preme Court nominees in an average of Johnson. Was he just a rubberstamp? ance’ system into the Constitution.’’ just 13 days, one of them on the very In the 1970s, the Democrats were in Definition of checks and balances from day it was made and six of them with- charge, yet Minority Leader Howard www.socialstudieshelp.com. ‘‘In this system the government was to be out even a rollcall vote. That is not be- Baker refused to filibuster President divided into three branches of government, cause filibustering judicial nomina- Carter’s judicial nominees. Was he just each branch having particular powers. Not tions was difficult. In fact, our cloture a rubberstamp? only does each branch of the government rule did not then apply to nominations. In the 1980s, the Republicans were in have particular powers, each branch has cer- A single Member of that tiny, belea- charge, yet Minority Leader Robert tain powers of the other branches.’’ guered Republican minority could have Byrd did not filibuster President Rea- Mr. HATCH. No. 6 on the list is that filibustered these nominations and at- gan’s judicial nominees. Was he just a these filibusters are necessary to pre- tempted to stop President Roosevelt rubberstamp? vent appointment of extremists. from packing the Supreme Court—just And a decade ago, the Democrats What our Democratic colleagues call a single Member could have. were again in charge, yet Minority ‘‘extreme’’ the American Bar Associa- The most important number on this Leader Bob Dole refused to filibuster tion calls ‘‘qualified.’’ In fact, all three chart is the number right at the bot- President Clinton’s judicial nominees. of the appeals court nominees chosen 4 tom: the number of filibusters against Was he a rubberstamp? years ago who have been denied con- President Roosevelt’s nominees—zero. To avoid being a rubberstamp, one firmation received the ABA’s highest No. 8 on this list is the claim that need only fight the good fight, win or ‘‘well qualified’’ rating. Now, that was without the filibuster the Senate would lose. the gold standard under the Democrats be a patsy, nothing but a rubberstamp No. 7 on the list of most ridiculous when Clinton was President. The same for the President’s judicial nomina- judicial filibuster defenses is that these Democrats who once called the ABA tions. To paraphrase a great Supreme filibusters are necessary to preserve rating the gold standard for evaluating Court Justice: If simply stating this ar- our system of checks and balances. judicial nominees now disregard it and gument does not suffice to refute it, That is an argument we have heard call these people extreme. our debate about these issues has from the other side. Did 76 percent of Californians vote to achieved terminal silliness. Being on Mr. President, any civics textbook keep an extremist on their supreme the losing side does not make one a explains that what we call ‘‘checks and court when they voted to retain Jus- rubberstamp. balances’’ regulates the relationship tice Janice Rogers Brown, an African- For all of these centuries of demo- between the branches of Government. American woman, a sharecroppers’ cratic government, have we seen only The Senate’s role of advice and consent daughter, who fought her way all the winners and rubberstamps? Was the fa- checks the President’s power to ap- way up to the Supreme Court of Cali- mous tag line for ABC’s Wide World of point judges, and we exercise that fornia? Sports ‘‘the thrill of victory and the check when we vote on his judicial Did 84 percent of all Texans and agony of rubberstamping’’? Democrats nominations. every major newspaper in the State did not start filibustering judicial The filibuster is about the relation- support an extremist when they re- nominations until the 108th Congress. ship between the majority and minor- elected Justice Priscilla Owen to the Imagine the history books describing ity in the Senate, not about the rela- Texas Supreme Court—84 percent? the previous 107 Senates as the great tionship between the Senate and the The Associated Press reported last rubberstamp Senates. Did Democrats President. It actually interferes with Friday that the minority leader re- rubberstamp the Supreme Court nomi- being a check on the President’s power serves the right to filibuster what he

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.005 S10PT1 S4800 CONGRESSIONAL RECORD — SENATE May 10, 2005 calls ‘‘extreme’’ Supreme Court nomi- No. 4 on the list is that returning to against restricting nomination-related nees. Now, that is quite an escape Senate tradition regarding floor votes filibusters today is consistent with vot- hatch, if you will, since the minority on judicial nominations would amount ing to restrict them in 1980. As you can already defines any nominee it does to breaking the rules to change the see, they are illustrious colleagues. not like as ‘‘extreme.’’ This is simply a rules. As any consultant worth even a No. 2 on the list is that preventing repackaged status quo masquerading as little salt will tell you, that is a catchy judicial filibusters will doom legisla- reform. little phrase. The problem is that nei- tive filibusters. As you know, there are If Senators want to dismiss as an ex- ther of its catchy little parts is true. two calendars in the Senate. One is the tremist any judicial nominee who does The constitutional option, which legislative calendar. I would fight to not think exactly as they do, that cer- would change judicial confirmation my death to keep the filibuster alive tainly is their right. That is, however, procedure through the Senate voting to on the legislative calendar to protect a reason for voting against a confirma- affirm a parliamentary ruling, would the minority. But then there is the ex- tion, not for refusing to vote at all. As neither break nor change Senate rules. ecutive calendar, which is partly the our former colleague, Tom Daschle, While the constitutional option has not President’s in the sense that he has the said: been used to break our rules, it has power of appointment and nomination I find it simply baffling that a Senator been used to break filibusters. and sends these people up here and ex- would vote against even voting on a judicial On January 4, 1995, the Senator from pects advice and consent from the Sen- nominee. West Virginia, the distinguished Sen- ate. Advice we give. Consent we have No. 5 on this list of most ridiculous ator, Mr. BYRD, described how, in 1977, not given in the case of these nominees judicial filibuster defenses is the claim when he was majority leader, he used who have been filibustered, or so-called that these filibusters are about free this procedure to break a filibuster on filibustered. speech and debate. If Senators cannot a natural gas bill. Now, I have genuine No. 2 on the list is that preventing filibuster judicial nominations, some affection and great respect for the Sen- judicial filibusters, they claim, will say, the Senate will cease to exist, and ator from West Virginia, and he knows doom legislative filibusters. That’s we will be literally unable to represent that. But let me just refer to chart 7. pure bunk. Our own Senate history our constituents. Since I would not want to describe his shows how ridiculous this argument The same men who founded this Re- repeated use of the constitutional op- really is. Filibusters became possible public designed this Senate without tion in a pejorative way, let me use his by dropping the rule allowing a simple majority to proceed to a vote. The leg- the ability to filibuster anything at all. own words. Here is what he said back islative filibuster developed, the judi- A simple majority could proceed to in 1995, the distinguished Senator from cial filibuster did not. What we must vote on something after sufficient de- West Virginia: bate. Among those first Senators were today limit by rule or ruling we once I have seen filibusters. I have helped to limited by principle or self-restraint— Oliver Ellsworth of Connecticut, who break them. There are few Senators in this later served on the Supreme Court, as body who were here [in 1977] when I broke for 214 years, that is. The filibuster is well as Charles Carroll of Maryland and the filibuster on the natural gas bill. . . . I an inappropriate obstacle to the Presi- Richard Henry Lee of Virginia, who asked Mr. Mondale, the Vice President, to go dent’s judicial appointment power but had signed the Declaration of Inde- please sit in the chair; I wanted to make an appropriate tool for exercising our some points of order and create some new own legislative power. I cannot fathom pendence. When they ran for office, did precedents that would break these filibus- they know that they would be unable how returning to our tradition regard- ters. And the filibuster was broken—back, ing judicial nominations will somehow to represent their States because they neck, legs, and arms. . . . So I know some- threaten our tradition regarding legis- would be unable to filibuster? thing about filibusters. I helped to set a lation. The only threat to the legisla- These filibusters are about defeating great many of the precedents that are on the judicial nominations, not debating books here. tive filibuster and the only votes to abolish have come from the other side them. The minority rejects every pro- Well, he certainly did. I was here. of the aisle. In 1995, 19 Senators, all posal for debating and voting on nomi- And using the constitutional option Democrats, voted against tabling an nations it targets for defeat. today to return to Senate tradition re- amendment to our cloture rule that In April 2003, my colleague from garding judicial nominations would would prohibit all filibusters of legisla- Utah, Senator BENNETT, asked him, the simply use the precedents the distin- tion as well as nominations. As this minority leader, how many hours guished Senator from West Virginia Democrats would need to debate a par- chart shows, nine of those Senators put on the books. still serve with us and their names are ticular nomination. Now, just take a No. 3 on the list of most ridiculous look at chart 4. His response spoke vol- right here on this chart. judicial filibuster defenses is that the I voted then against the Democrats’ umes: constitutional option is unprecedented, proposal to eliminate the legislative [T]here is not a number [of hours] in the or should we call it the Byrd option. In filibuster, and I oppose eliminating it universe that would be sufficient. 1977, 1979, and 1987, the then majority today. The majority leader, Senator Let me just refer to chart 5. YRD leader, Senator B , secured a favor- FRIST, also voted against the Demo- Later that year, he said: able parliamentary ruling through a crats’ proposal to eliminate the legisla- We would not agree to a time agreement point of order and a majority of Sen- tive filibuster. In fact, that was his . . . of any duration. ators voted to affirm it. He did this first vote as a new Member of this Let me go to chart 6. Just 2 weeks even when the result he sought was in- body. I joined him in recommitting ago, the minority leader summed up consistent with the text of our written ourselves to protecting the legislative what really has been the Democrats’ rules. filibuster. I urge my friends on the position all along: In 1980, he used a version of the same other side, the Democrats, to follow This has never been about the length of the procedure to limit nomination-related the example of our colleague from Cali- debate. filibusters. Majority Leader BYRD made fornia, Senator BOXER, who recently He is right about that. This has al- a motion for the Senate to vote to go said that she has changed her position, ways been about defeating nomina- into executive session and proceed to that she no longer wants to eliminate tions, not debating them. If our Demo- consider a specific nomination. At the the legislative filibuster. cratic colleagues want to debate, then time, the first step was not debatable In 1995, USA Today condemned the let us debate. The majority leader said but the second step was debatable. A filibuster as ‘‘a pedestrian tool of par- we will give 100 hours for each of these majority of Senators voted to overturn tisans and gridlock meisters.’’ nominees. Let’s debate them. Let us do a parliamentary ruling disallowing the The New York Times said the fili- what Democrats once said was the pur- procedural change Majority Leader buster is ‘‘the tool of the sore loser.’’ I pose of debating judicial nominations. BYRD wanted. hope these papers will reconsider their As my colleague from California, Sen- Let me refer to chart 8. Seven of position and support the legislative fil- ator BOXER, put it in January 1998: these Senators serve with us today, and ibuster. [L]et these names come up, let us have de- their names appear on this chart. They The No. 1 most ridiculous judicial fil- bate, let us vote. can explain for themselves how voting ibuster defense is that those wanting

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.007 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4801 to filibuster Republican nominees If they want to vote against them, let treme, but they should not be free to today opposed filibustering Democratic them vote against them. But at least have a prevent other Senators from expressing nominees only a few years ago. In a let- vote. a contrary view or advising and con- ter dated February 4, 1998, for example, The same view comes from three senting. In this body, we govern our- the leftwing urged confirmation of former Judiciary Committee chairmen, selves with parliamentary rulings as Margaret Morrow to the U.S. District members of the Democratic leadership. well as by unwritten rules. The proce- Court for the Central District of Cali- Let me refer to chart No. 15. A former dure of a majority of Senators voting fornia. They urged us to ‘‘bring the committee chairman, Senator BIDEN, to sustain a parliamentary ruling has nomination to the Senate, ensure that said in 1977 that every judicial nominee been used repeatedly to change Senate it received prompt, full and fair consid- is entitled: procedure without changing Senate eration, and that a final vote on her To have a shot to be heard on the floor and rules, even to limit nomination-related nomination is scheduled as soon as pos- have a vote on the floor. filibusters. sible.’’ Groups signing this letter in- Former chairman, Senator EDWARD I have tried to deal with the sub- cluded the Alliance for Justice, Leader- KENNEDY, said in 1998: stance of our filibuster proponents’ arship Conference on Civil Rights, and If Senators don’t like them, vote against guments, albeit with some humor and People for the American Way. As we all them. But give them a vote. maybe a touch of sarcasm. A few days know, these leftwing groups today lead And my immediate predecessor as ago, as the Salt Lake Tribune reported, the grassroots campaign behind these chairman, Senator LEAHY, said a year the minority leader was in my State: filibusters that would deny this same later, judicial nominees are: . . . stopping just short of calling Utah Sen- ator ORRIN HATCH a hypocrite. treatment to President Bush’s nomi- entitled to a vote, aye or nay. nees. Their position has changed as the That is at least how the newspaper Now, the assistant minority leader, party controlling the White House has described it. That is not what I con- Senator DURBIN, had urged the same changed. sider to be a substantive argument. thing in September 1998: Let me make it easy for the ‘‘hypo- Perhaps those who dismiss their oppo- crite patrol’’ to check out my position Vote the person up or down. nents as liars, losers, or lap dogs have on the Morrow nomination. In the Feb- Vote the person up or down. nothing else to offer in this debate. Yet ruary 11, 1998, CONGRESSIONAL RECORD, Finally, Mr. President, the minority debate we must, and then we must on page S640, three pages before that leader, Senator REID, expressed in vote. letter from the leftwing groups ap- March 2000 the standard that I hope we Mr. President, how much remaining pears, I opened the debate on the Mor- can reestablish: time do I have? row nomination by strongly urging my Once they get out of committee, bring The ACTING PRESIDENT pro tem- fellow Senators to support it. We did, them down here and vote up or down on pore. The Senator has 1 minute re- and she is, today, a sitting Federal them. maining. judge, as I believe she should be. The The majority leader, Senator FRIST, Mr. HATCH. Let me just make this same Democrats who today call for fili- recently proposed a plan to accomplish point. We confirmed, in 6 years of Re- busters called for up-or-down votes precisely this result. But the minority publican control of the Senate, 377 when a Democrat was in the White leader dismissed it as—I want to quote judges for President Clinton. That was House. this accurately now— five less than the all-time confirmation Let me refer to chart 10 here. I will A big fat wet kiss to the far right. champion Ronald Reagan. All of these just give some illustrations. In 1999, I never thought voting on judicial people who are up have well-qualified my dear friend from California, Sen- nominations was a far-right thing to ratings from the ABA, all had a bipar- ator FEINSTEIN, a person I have great do. tisan majority to support them. What love and respect for, a Member of the These statements speak for them- is wrong with giving them an up-or- Senate Judiciary Committee, said of selves. Do you see a pattern here? The down vote and retaining 214 years of the Senate: message at one time seems to be let us Senate tradition? What is wrong with It is our job to confirm these judges. If we debate and let us vote. That should be that? I think it is wrong to try and don’t like them, we can vote against them. the standard, no matter which party blow up that tradition the way it is She said: controls the White House or the Sen- being done. A nominee is entitled to a vote. Vote them ate. With that, I yield the floor. up, vote them down. Mr. President, as I close, let me sum- I suggest the absence of a quorum. The ACTING PRESIDENT pro tem- Let me go to chart 11. Another com- marize these 10 top most ridiculous ju- pore. The clerk will call the roll. mittee member, Senator SCHUMER, dicial filibusters in this way. Blocking The assistant legislative clerk pro- properly said in March 2000: confirmation of majority-supported judicial nominations by defeating cloture ceeded to call the roll. The President nominates and we are Mr. SCHUMER. Mr. President, I ask charged with voting on the nominees. votes is unprecedented. In the words of unanimous consent that the order for the current Judiciary Committee He was right. the quorum call be rescinded. chairman, Senator SPECTER: Let me refer to chart 12. I have al- The ACTING PRESIDENT pro tem- ready quoted the Senator from Cali- What Democrats are doing here is really pore. Without objection, it is so or- seeking a constitutional revolution. fornia, Senator BOXER once, but in 2000 dered. she said that filibustering judicial We must turn back that revolution. Mr. SCHUMER. Will the Chair advise nominees: No matter which party controls the as to how much time remains on this . . . would be such a twisting of what cloture White House or Senate, we should reside? really means in these cases. It has never turn to our tradition of giving judicial The ACTING PRESIDENT pro tem- been done before for a judge, as far as we nominations reaching the Senate floor pore. One-half hour remains on the know—ever. an up-or-down vote. Full, fair, and vig- Senator’s side. I appreciate what another member of orous debate is one of the hallmarks of f the Judiciary Committee, Senator this body, and it should drive how we KOHL, said in 1997: evaluate a President’s judicial nomina- RULES OF THE SENATE Let’s breathe life back into the confirma- tions. Mr. SCHUMER. Mr. President, I yield tion process. Let’s vote on the nominees who Honoring the Constitution’s separa- myself such time as I may consume. have already been approved by the Judiciary tion of power, however, requires that As the Senate convenes this week, we Committee. our check on the President’s appoint- stand on the edge of dramatic change. Well, let me go to chart 14. The Sen- ment power not highjack that power Change is usually a good thing, but the ator from Iowa, Senator HARKIN, who altogether. This means debate must be change that the other side is trying to fought so strongly against the legisla- a means to an end rather than an end invoke is not a good thing. We all know tive filibuster in 1995, said, 5 years in itself. Senators are free to vote it. Most Americans know it. Most later, about the judicial filibuster: against the nominees they feel ex- Democrats know it. Most Republicans

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.008 S10PT1 S4802 CONGRESSIONAL RECORD — SENATE May 10, 2005 know it. Even most Senators on the seems pretty extreme to me. That is entreaties of the hard, hard, hard right, other side know it. Yet they are torn the type of person importuning my who have resisted the entreaties of the because of a small group way out of the friend from Utah. narrow few who are way out there and mainstream. The same people who be- Another one said: Judges, in their say to them: Have strength, have cour- lieve their message, which may come black robes, are like the Ku Klux Klan age. from the heavens, dictates to them in their white robes. These are officials The basic makeup of our Senate is at what is right for everybody else seem of the American Government, most of stake. The checks and balances that to be in control. It is a crucial time for whom now are Republicans. Sixty per- Americans prize are at stake. The idea America. The age-old checks and bal- cent of the court of appeals are Repub- of bipartisanship, where you have to ances that are at the center of this Re- lican appointees. Seven of the nine Su- come together and can’t just ram ev- public, at the center of our Constitu- preme Court members are Republican erything through because you have a tion, are hanging at the precipice. appointees. narrow majority, is at stake. The very It is the Senate where the Founding When my friend from Utah doesn’t things we treasure and love about this Fathers established a repository of think those statements are extreme grand Republic are at stake. checks and balances. It is not like the and listens to the solution that people I, for one, am saddened by what is House of Representatives where the who make those statements prescribe, happening. I, for one, am surprised at majority leader or the Speaker can what else can one conclude than that what is happening. I, for one, hope and snap his fingers and get what he wants. he is sort of tying himself in a pretzel pray that it will not come to this. But Here we work many times by unani- to try and make an argument that he I assure my colleagues, at least speak- mous consent where you need all 100 must know in his heart is wrong. ing for this Senator from New York, I Senators to go along. In some in- Unprecedented? Well, it was my good will do everything I can to prevent the stances, we work where 67 votes are friend from Utah who played a leading nuclear option from being invoked not needed, in some with 60, and in most role in blocking a large number of the for the sake of myself or my party but with 51. But the reason we don’t always Clinton judges. He will say it wasn’t by for the sake of this great Republic and work by majority rule is very simple. filibuster. The American people are a its traditions. On important issues, the Founding Fa- lot smarter than that. Whether it is by I yield the remaining time to my col- thers wanted—and they were correct in not bringing them up for a vote in com- league from Illinois, our great whip. my judgment—that the slimmest ma- mittee or by requiring that they get 60 Mr. DURBIN. Mr. President, how jority should not always govern. When votes to choke off debate on the floor, much time remains in morning busi- it comes to vital issues, that is what the effect is the same. The President, ness? they wanted. the incumbent, is denied his choice. By The ACTING PRESIDENT pro tem- The Senate is not a majoritarian the way, that is how our Senate has pore. There is 19 minutes 30 seconds. body. My good friend from Utah spoke. functioned. Mr. DURBIN. If I might make an in- He represents about two million people The President, when he gets 51.5 per- quiry of my colleague from New Jer- in Utah. I represent 19 million in New cent, as George Bush did, or even when sey, if he is going to seek recognition, York State. We have the same vote. he gets over 65 percent, as Franklin I want to be sure and leave enough You could have 51 votes for a judge on Roosevelt did in 1936, shouldn’t always time for him to speak. this floor that represents 21 percent of get his way with every single judge. Mr. CORZINE. Mr. President, I be- the American people. So the bottom He says that this will not doom the lieve 10 minutes, maybe a little bit line is very simple. This has not always legislative filibuster, that that is an less. been a 50.1 to 49.9 body. It has been a absurd argument. A year ago, if we Mr. DURBIN. If the Chair would ad- body that has had to work by its rules would have heard that the Republican vise me when there are 10 minutes re- and by the Founding Fathers’ intent. majority was considering having the maining, I will yield the remaining Even when you are in the majority, Vice President sit in the chair and rule time to the Senator from New Jersey. you have to reach out and meet not all, by fiat his own interpretation of the Let me first thank my colleague not most, but some of the concerns of Constitution, coming out of nowhere from New York for his excellent state- the minority. because the Constitution doesn’t men- ment. Senator SCHUMER and I serve on I understand why my colleague from tion any of this, certainly a narrow the Senate Judiciary Committee. It is Utah would get up and make such ri- reading wouldn’t allow us to address a committee where judges are initially diculous arguments. He is torn. He this issue from the Constitution, and considered. It is a tough assignment. knows this is wrong. Most of the Mem- he says that we will rule by fiat from When I came to the Senate from the bers on the other side of the aisle know the Chair and there should be no more House, I knew I would be voting on leg- it is wrong. Some have had the guts— filibusters of judges, even though that islation, but more so in the Senate, a handful—to say no. Some have had has been allowed for 200 years, even you vote on people. That is a tougher the strength to resist the calls of that though it was done in 2000 by our col- call because it isn’t in black and white. extreme group or groups. Some are leagues on the Republican side of the It isn’t a matter of compromising, tak- true believers. But some, and my guess aisle for Ms. Berzon and Mr. Paez, and ing half of this and a quarter of the is my friend from Utah is one of those, then he is saying, well, it is absurd other. It is a question of making a know it is wrong but decide: I am going that we do it for other things. I say judgment about a person. I find that a along anyway. this: Allow them to do it for judges little more difficult—a lot more dif- When my friend from Utah lists the today, they will do it for Social Secu- ficult, to be honest—and when it comes 10 most ridiculous arguments against rity tomorrow. The same exact proce- to judges, even more complicated be- keeping the filibuster and says checks dure could be used to block filibusters cause you aren’t just putting a person and balances is a ridiculous argument, of legislation and of every single other in a temporary position. You are say- please. I care a great deal about my thing that comes before this body. ing: Based on your life to this point, we friend from Utah. He is a fine man. We There is no difference. The Constitu- are prepared to put you on the Federal are friends. We have worked together tion doesn’t mention the word ‘‘fili- bench for the rest of your natural life on many things. But he has more re- buster.’’ and trust your judgment that you will spect for the Constitution than to say I don’t know where it is divined in do the right thing by the Constitution checks and balances is a ridiculous ar- the heads of some of my colleagues and the American people. gument. He knows darn well that a 51- from the other side of the aisle: It says Overwhelmingly, we find whether the to-49 vote does away with certain kinds it is for judges, but not for legislation. President is a Democrat or Republican, of checks and balances. That is an activist reading of the Con- the Senate says: Fine, we approve. The When my friend from Utah talks stitution if you ever heard one. nominee is a good person. We will go about no extremists, it seems to me The bottom line is simple: We are ap- forward. the very same people who are calling pealing to those Members of the other What has happened here is inter- the shots are the people who said that side of the aisle who, unlike my friend esting. We have, so far with President judges are worse than terrorists. That from Utah, have thus far resisted the Bush in the White House, considered on

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.010 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4803 the floor of the Senate 218 nominees by new. Presidents throughout history [CA], Corpus Christi Caller-Times [TX], Cou- President Bush for the Federal judici- have always said they wanted more rier-Post [Camden, NJ], The Daily Camera ary. The President has that power. The power than they had. Usually, the Con- [CO], The Dallas Morning News [TX], and The Day [New London, CT]. Senate has the power to advise—that gress stood up to them and said no. The Denver Post, Easton Star-Democrat is, review and consider—and consent, if The Constitution is more important [MD], Fort Worth Star Telegram [TX], The it chooses. Out of the 218 names sent by than any single President. Thomas Jef- Grand Island Independent [NE], The Hartford President Bush to the floor of the Sen- ferson, when he was elected to his sec- Courant [CT], The Herald [Bradenton, FL], ate, we have approved 208 of those ond term, came to the Senate and said: Houston Chronicle [TX], The Idaho States- names. So we are at a point now where I want the power to remove those Fed- man, The Indianapolis Star [IN], and Journal we have 10 out of those 218 who have eralist judges from the Supreme Court; Star [Peoria, IL]. They disagree with my political philos- Kalamazoo Gazette [MI], The Knoxville not been approved. More than 95 per- News-Sentinel [TN], La Crosse Tribune [WI], cent of the President’s nominees have ophy; I want to get rid of them. Lincoln Journal Star [NE], Loveland Daily- been approved. His own party said: No, President Reporter Herald [CO], The Morning Call [Al- You would say to yourself: This Jefferson. As important as you are, as lentown, PA], The Muskegon Chronicle [MI], President is doing well. Whether he much as we agree with you, the Con- Muskogee Daily Phoenix & Times-Democrat sends us conservatives of one stripe or stitution and traditions of the Senate [OK], New Haven Register [CT], and The the other, the Senate has approved are more important. And they voted News Leader [Staunton, VA]. them. We have sent them to the bench him down. The Omaha World-Herald [NE], The Orego- President Roosevelt, one of our nian, Orlando Sentinel [FL], The Oshkosh to lifetime appointments. Northwestern [WI], The Palladium-Item [IN], The President, after his reelection, greatest Presidents, in the beginning of The Plain Dealer [Cleveland, OH], Pough- comes to the Congress and says: That his second term, with the power of the keepsie Journal [NY], Quad City Times [Dav- is not good enough. I want them all. I national mandate behind him, said to enport, IA], The Record [Troy, NY], and Salt want every single one of them. I don’t the Senate: Do something about that Lake Tribune. believe I should be held to the standard damnable Supreme Court that won’t San Antonio Express-News [TX], Savannah that every other President has been approve my New Deal. Allow me to put Morning News [GA], Seattle Times [WA], held to. more Justices on the Court until I can San Diego Union Tribune, The State [Colum- What is that standard? It is not just bia, SC], The Tri-City Herald [WA], Ventura have my way politically. County Star [CA], The Wichita Eagle [KS], a simple majority vote. The Senate is a His political body in this Senate said: Winston-Salem Journal [NC], and York Daily different place. It was created by the Mr. President, we are Democrats, we Record [PA]. Constitution as a different institution. respect you, we voted for you, we are Mr. DURBIN. Mr. President, let me States large and small have the same for the New Deal, but you are wrong. tell you, I listen to the talk shows, and number of Senators. States large and You cannot come to us and ask for I hear people say that until these judi- small send Senators to the Chamber, more Presidential power at the expense cial nominees were challenged with ex- men and women who have the author- of the Constitution, at the expense of tended debate or filibuster, it never ity under our rules to demand an ex- Senate traditions and values. They happened before. I will also submit for traordinary vote. turned him down. the RECORD, for the third time, this People on the outside say: When I go Look what happens today. President chart which shows on 11 or 12 different to the city council meeting, it is a ma- Bush, fresh from a victory of 51.5 per- occasions when a filibuster was in- jority vote. When I go to the garden cent in this election, comes to this voked on judicial nominees throughout club, it is a majority vote. Why isn’t it body and says: I want more power in history, including Supreme Court Jus- a majority vote in the Senate? the Presidency. tices. This is not new, not novel. It is Because the Senate is a different What does he hear from his own certainly not earth shattering. It has place. When the Founding Fathers party in the Senate? Sadly, it is: What- happened before. wrote the Constitution, they said the ever you want, Mr. President. I ask unanimous consent that it be Senate, more than any institution in Mickey Edwards, a former Congress- printed in the RECORD. the Government of America, will be a man from Oklahoma, who was quoted There being no objection, the mate- place that respects and recognizes the in the Washington Post this morning, rial was ordered to be printed in the rights of a minority. gets it right. He said what amazes him RECORD, as follows: For those who follow classic movies, about this debate is that Congress isn’t HISTORY OF FILIBUSTERS AND JUDGES Jimmy Stewart in ‘‘Mr. Smith Goes to standing up for its own constitutional Prior to the start of the George W. Bush Washington,’’ one Senator, idealistic responsibilities and rights. Congress is administration in 2001, the following 11 judi- and determined, took to the floor of acquiescing in this effort by the Presi- cial nominations needed 60 (or more) votes— the Senate and started a speech and, dent to take on more power so that he cloture—in order to end a filibuster: frankly, finally crumbled because he cannot be questioned and challenged 1881: Stanley Matthew to be a Supreme was so tired and had to end his speech. when he puts people on the Federal Court Justice But he demonstrated the reality of the bench for a lifetime. 1968: Abe Fortas to be Chief Justice of the Senate, that one Senator, regardless of Supreme Court (cloture required 2/3 of those Mr. President, I will submit for the voting) where they are from, a State large or RECORD a list of over 50 newspapers 1971: William Rehnquist to be a Supreme small, regardless if they are the only that have endorsed President Bush in Court Justice (cloture required 2/3 of those Senator who holds that point of view, 2000, 2004, or both, and have said that voting) can stand up and argue that point of the President is wrong when it comes 1980: Stephen Breyer to be a Judge on the view. That was built into our Constitu- to this effort to increase Presidential First Circuit Court of Appeals tion, certainly into the tradition of the 1984: J. Harvie Wilkinson to be a Judge on power in the White House. the Fourth Circuit Court of Appeals Senate. That is why 10 of President I ask unanimous consent to have 1986: Sidney Fitzwater to be a Judge for Bush’s nominees have not been ap- that printed in the RECORD. the Northern District of Texas proved because, in this situation, they There being no objection, the mate- 1986: William Rehnquist to be Chief Justice couldn’t find 60 Senators who would rial was ordered to be printed in the of the Supreme Court 1992: Edward Earl Carnes, Jr. to be a Judge stand up and say: Stop the debate, vote RECORD, as follows: on the Eleventh Circuit Court of Appeals on that nominee. That is the rule of Albuquerque Journal [NM], The Albu- 1994: H. Lee Sarokin to be a Judge on the the Senate. querque Tribune [NM], The Arizona Republic Third Circuit Court of Appeals President Bush has said: I want to [Phoenix], Arkansas Democrat & Gazette, 1999: Brian Theadore Stewart to be a Judge change it, to change the rules of the Austin American-Statesman [TX], Bangor for the District of Utah Senate in the middle of the game. I Daily News [ME], Birmingham Post Herald 2000: Richard Paez to be a Judge on the want to go after this whole concept of [AL], Chicago Tribune, The Cincinnati Ninth Circuit Court of Appeals Enquirer [OH], and The Cincinnati Post 2000: Marsha Berzon to be a Judge on the the power of the Senate, the power of [OH]. Ninth Circuit Court of Appeals checks and balances, I want more The Clarion-Ledger [Jackson, MS], Colum- Because of a filibuster, cloture was filed on power in the White House, I want more bia Daily Tribune [MO], The Commercial Ap- the following two judicial nominations, but power in the Presidency. That is not peal [Memphis, TN], Contra Costa Times was later withdrawn:

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.012 S10PT1 S4804 CONGRESSIONAL RECORD — SENATE May 10, 2005 1986: Daniel Manion to be a Judge on the There being no objection, the mate- warned about a tyranny of an oligarchy and Seventh Circuit Court of Appeals Senator rial was ordered to be printed in the if we surrender our democracy to the tyr- Biden told then Majority Leader Bob Dole RECORD, as follows: anny of an oligarchy, we’ve made a terrible that ‘‘he was ready to call off an expected fil- mistake. ibuster and vote immediately on Manion’s [ABC News Transcripts, May 1, 2005] George Stephanopoulos: (Off Camera) You nomination.’’—Congressional Quarterly Al- THIS WEEK WITH GEORGE STEPHANOPOULOS know, President Bush at that press con- manac, 1986. PAT ROBERTSON INTERVIEW ference also said that he believes you’re 1994: Rosemary Barkett to be a Judge on President George W. Bush, United States: equally American whether you’re Christan, the Eleventh Circuit Court of Appeals ‘‘... ‘‘Role of religion in our society, I view reli- Muslim, or Jew, and I wonder if you fully ac- lacking the votes to sustain a filibuster, Re- gion as a personal matter. I think a person cept that, because in the past, you’ve said publicans agreed to proceed to a confirma- ought to be judged on how he or she lives his that you believe that only Christians and tion vote after Democrats agreed to a day- life, lives her life, and that’s how I’ve tried Jews are qualified to serve in the govern- long debate on the nomination.’’—Congres- to live my life through example. Faith plays ment. Is that still your belief? Pat Robertson: Well, you know, Thomas sional Quarterly Almanac, 1994. an important part in my life individually, Jefferson, who was the author of the Dec- Following are comments by Republicans but I don’t ascribe a person’s opposing my laration of Independence said he wouldn’t during the filibuster on the Paez and Berzon nominations to an issue of faith.’’ have any atheists in his cabinet because nominations in 2000, confirming that there George Stephanopoulos, ABC News: (Off atheists wouldn’t swear an oath to God. That was, in fact, a filibuster: Camera) That was President Bush in his was Jefferson and we have never had any ‘‘. . . it is no secret that I have been the prime time press conference Thursday night Muslims in the cabinet. I didn’t say serve in person who has filibustered these two nomi- talking about religion and public life and government. I said in my cabinet if I were nations, Judge Berzon and Judge Paez.’’— now for more on this I’m joined from Vir- elected president, and I think a president has Senator Bob Smith, March 9, 2000 ginia Beach by reverend Pat Robertson. a right to take people who share his point of ‘‘So don’t tell me we haven’t filibustered Good morning reverend Robertson. view, and I would think that would be . . . judges and that we don’t have the right to Pat Robertson, Chairman, Christian Broad- George Stephanopoulos: (Off Camera) Well, filibuster judges on the floor of the Senate. casting Network: Good morning, George. wait a second. Let me just stop you there. Of course we do. That is our constitutional George Stephanopoulos: (Off Camera) You ‘Cause in your book ‘‘The New World Order’’ role.’’—Senator Bob Smith, March 7, 2000 know, the president seemed to be putting you wrote, ‘‘ ‘How dare you maintain that ‘‘Indeed, I must confess to being somewhat some distance between himself and people those who believe in the Judeo-Christian val- baffled that, after a filibuster is cut off by like you, allies like you who have cast this ues are better qualified to govern America cloture, the Senate could still delay a final battle over judges in more religious terms. than Hindus or Muslims.’ My simple answer vote on the nomination.’’—Senator Orrin Do you now accept the president’s belief that is, ‘yes, they are.’’’ Does that mean no Hindu Hatch, March 9, 2000, when a Senator offered those who want to preserve the filibuster for a motion to indefinitely postpone the Paez and Muslim judges? judges are not fighting against people of Pat Robertson: Right now, I think people nomination after cloture had been invoked faith? In 2000, during consideration of the Paez who feel that there should be a jihad against Pat Robertson: George, I’ve never said America, read what the Islamic people say. nomination, the following Senator was that. I’ve said some things about the judges, among those who voted to continue the fili- They divide the world into two spheres, Dar but I think this filibuster thing strictly is an al Islam Dar al Harb. The Dar al Islam are buster: attempt to please the People for the Amer- Senator Bill Frist—Vote #37, 106th Con- those who’ve submitted to Islam, Dar al ican Way and the ultra left. I think the Harb are those who are in the land of war gress, Second Session, March 8, 2000. Democrats are catering to them, but, you Mr. DURBIN. Mr. President, let me and they have said in the Koran there’s a know, in the entire history of the United war against all the infidels. So do you want tell you something else that troubles States of America, there has never been a somebody like that sitting as a judge? I me. How much time do I have? judge who has been refused a.vote when wouldn’t. The ACTING PRESIDENT pro tem- there was a majority of Senators willing to George Stephanopoulos: (Off Camera) So I pore. Almost 12 minutes. vote for his confirmation, never in history. take it then the answer to the question is Mr. DURBIN. So I will be notified in This filibuster in the last two years is un- that you believe that only Christians and precedented in our history. Jews are qualified to serve in the Federal ju- 2 minutes. George Stephanopoulos: (Off Camera) But, There is something more at stake diciary? sir, you have described this in pretty, this Pat Robertson: Um, I’m not sure I’d make here that is even more important than whole battle in pretty apocalyptic terms. such a broad, sweeping statement, but I just the power of the President and the tra- You’ve said that Liberals are engaged in an feel that those who share the philosophy of dition of the Senate, and that is the all-out assault on Christianity, that Demo- the founders of this nation, who assent to independence of the judiciary. You can- crats will appoint judges who don’t share our the principles of the Declaration of Inde- not turn on the television or radio Christian values and will dismantle Chris- pendence, who assent to the principles that without hearing from some special in- tian culture, and that the out-of-control ju- underlie the constitution, such people are diciary, and this was in your last book the ones that should be judges, and the thing terest group criticizing the Federal ju- ‘‘Courting Disaster’’ is the most serious diciary. I have been critical of indi- that I’m opposed to about judges is the threat America has faced in nearly 400 years thought that this is a living document that vidual decisions. I can point to some, of history, more serious than al Qaeda, more can be manipulated at the will of five out of including one that was made in the serious than Nazi Germany and Japan, more nine judge, nonelected judges. It’s the tyr- State of Florida in 2000. But to come to serious than the Civil War? anny of an oligarchy that I’m concerned the floor and say let’s get rid of the Pat Robertson: George, I really be1ieve about. people making the decisions, take the that. I think they are destroying the fabric George Stephanopoulos: (Off Camera) You power of Congress and control the judi- that hold our nation together. There is an said also that you believe Democrats appoint assault on marriage. There’s an assault on judges who ‘‘don’t share our Christian val- ciary, that is a mistake. An inde- human sexuality, as Judge Scalia said, pendent, fair, and balanced judiciary is ues’’ and will ‘‘dismantle Christian culture.’’ they’ve taken sides in the culture war and on So do you believe that Justice Breyer and critical for America. top of that if we have a democracy, the Justice Ginsburg, who were appointed by When I hear Members of Congress democratic processes should be that we can President Clinton, are trying to dismantle and special interest groups saying they elect representatives who will share our Christian culture? want to use this nuclear option, the point of view and vote those things into law. Pat Robertson: Justice Ginsburg served as power of Congress, to take control of George Stephanopoulos: (Off Camera) But, a general counsel for the American Civil Lib- the Federal judiciary, I am concerned. sir, let me just stop you there. How can you erties Union, ACLU. That was founded, as say that these judges are a more serious That is a power grab far beyond vio- you probably know, by about three members threat than Islamic terrorists who slammed of the Communist Internationale. Their lating the traditions and rules of the into the World Trade Center? leader, Baldwin, said that he wanted to be a Senate. It says they are going to try to Pat Robertson: It depends on how you look Communist and wanted to make this . . . show control and exert authority over at culture. If you look over the course of a George Stephanopoulos: (Off Camera) So a branch of the Government which has hundred years, I think the gradual erosion of she’s a Communist? always been independent. the consensus that’s held our country to- Pat Robertson: He was. He said, it’s in my I will submit a transcript of a pro- gether is probably more serious than a few book. I mean, he said it. He made a declara- gram on May 1 from ‘‘This Week With bearded terrorists who fly into buildings. I tion. He said I want to make America a think we’re going to control al Qaeda. I workers’ state, breed Communists. George Stephanopolous.’’ It is an inter- think we’re going to get Osama bin Laden. George Stephanopoulos: (Off Camera) But I view with Pat Robertson. We won in Afghanistan. We won in Iraq, and was asking about Justice Ginsburg. And you I ask unanimous consent that it be we can contain that. But if there’s an erosion now seem to be trying to equate her with printed in the RECORD. at home, you know, Thomas Jefferson these Communists.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.003 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4805 Pat Robertson: Well, she was the general Pat Robertson: Brownback, he’s a super GENOCIDE IN DARFUR counsel for this organization whose purpose guy. I think George Allen from Virginia was Mr. CORZINE. Mr. President, this right now is to rid religion from the public a distinguished governor, he’s a distin- square. That’s they are announced. We’ve guished senator and head of the senatorial morning I rise to speak about the trag- had Nadine Strasser down here to our uni- campaign committee and won some signifi- edy and human crisis—yes, the geno- versity in a debate. She’s a very pleasant cant victories. He is a very attractive guy cide—in Darfur, Sudan, and the failure lady but that’s what she said was her avowed and would make a tremendous president. So of our Nation to do everything we can goal, to take all religion from the public there are a couple. I don’t know who else is do to stop the killing and save the lives square. That’s their initiative and Justice out there jockeying, I’m sure Karl Rove has of the well over 2 million people who Ginsburg served as their general counsel, a candidate that he hasn’t told us about. are displaced in Darfur. Just a few so . . . George Stephanopoulos: (Off Camera) You weeks ago on the Senate floor, we George Stephanopoulos: (Off Camera) Let’s didn’t mention Bill Frist. I’m surprised passed the Darfur Accountability Act turn to some broader issues. You spoke at about that. the beginning of the year on ‘‘The 700 Club’’ Pat Robertson: Uh, Bill is a wonderfully offered by Senator BROWNBACK and my- and said that you had been praying and God compassionate human being. He is a humani- self, an amendment to the supple- had given you some predictions about Presi- tarian. He goes on medical missions. He is a mental appropriations bill which we dent Bush’s second term. Let me show you delightful person. I just don’t see him as a will be voting on, and I will be sup- that. future president. And I think he said he porting today, or in the next several Pat Robertson: What I heard was that Bush didn’t want to run for president. Maybe I’m days as it comes out of conference. is now positioned to have victory after vic- putting words in his mouth. The Darfur Accountability Act pro- tory. He’ll have Social Security reform George Stephanopoulos: (Off Camera) I vided the tools and sets out the policies passed, that he’ll have tax reform passed, think he’s looking at it. Let me ask you one needed to confront this grave humani- other question on that and then I’ll let you that he’ll have conservative judges on the tarian crisis that exists in the Sudan. courts. go. George Stephanopoulos: (Off Camera) So Pat Robertson: Okay. It also had broad bipartisan support that’s what you heard on January 3rd. Do George Stephanopoulos: (Off Camera) If and 30 cosponsors from both sides of you think you might have misinterpreted? the party chooses a moderate like John the aisle. Pat Robertson: No, I think he’s got a win- McCain or Rudy Giuliani, do you think reli- It passed by unanimous consent on ning hand on Social Security, George, de- gious conservatives will split off and form a the floor of the Senate. Yet, spite what Nancy Pelosi says. The Social Se- third party movement? inexplicably, the amendment was curity, as you know is going into deficit in Pat Robertson: I don’t think so. Rudy is a stripped from the bill in conference— 2018. It’s not 2042 or ’52. What they’ve been very good friend of mine and I think he did a super job running the City of New York all of it, including support for African doing is taking a surplus of the money that Union forces, the call for a military no- we all pay into Social Security and they’ve and I think he’d make a good president. I used it to fund the Federal deficit and there like him a lot, although he doesn’t share all fly zone, the extension of the arms em- is no trust fund. That’s an illusion and it’s of my particular points of view on social bargo to the Government of Sudan, and going into deficit. There won’t be any more issues. He’s a very dedicated Catholic and he the authority to freeze the assets and excess for the Federal Government in 2018. is a great guy. McCain I’d vote against under deny visas to those responsible for We’re hitting into a crisis mode and I think any circumstance. genocide and crimes against humanity. the president as far as younger workers con- George Stephanopoulos: (Off Camera) Rev- Even the Senate’s statement that the cerned, he has a winning hand, and I think erend Robertson, thank you very much. Pat Robertson: Okay, thank you. atrocities in Sudan are genocide was the Democrats are holding on to something removed. that Franklin Delano Roosevelt did in the George Stephanopoulos: (Off Camera) The roundtable is next. George will, Terry Mr. President, I find it hard to com- ’30s and they look like a bunch of mossbacks. prehend how these policies, which hold It is time they, they, they, they get some Moran, and Linda Douglass weigh in on the new ideas. You said it right when you were president’s first 100 days, and in ‘‘The Fun- the possibility of saving thousands, if interviewing her. nies’’ it’s Laura’s turn. not hundreds of thousands of lives, George Stephanopoulos: (Off Camera) You Laura Bush, First Lady: I was a librarian could be opposed by the House, the ad- know reverend Robertson, the God you de- who spent 12 hours a day in the library, yet ministration, or whoever. Sadly, the somehow I met George. scribe is taking a very active direct role in people of Darfur will be paying for the our lives. One of the earlier clips we showed, Mr. DURBIN. Mr. President, this is a indifference and, in turn, we will be ig- said, you had Him saying I am removing jus- strident voice among some in this noring the values of the American peo- tices from the supreme court and I’m just country who came out and said he be- ple who hold us accountable for calling wondering why does a God who is so involved lieved that the real threat to America in our daily life, so directly involved allow genocide what it is and pushing to stop was not terrorism but men and women it. something like a tsunami to kill several wearing judicial robes. He thought that hundred thousand people in Asia? The contrast between our words and Pat Robertson: I don’t think He reverses was a much greater threat. That gives deeds seems to grow almost by the the laws of nature. The reason for that tsu- you an idea of the extreme rhetoric. We hour. Just today, in Georgia, President nami was the shifting of tectonic plates in cannot let this happen. Whether the Bush stated: the Indian Ocean. I don’t think He changes Democrats are in control or out of con- We are living in historic times when free- the magma in volcanoes and I don’t think He trol, whether Republicans control dom is advancing, from the Black Sea to the changes the wind currents to bring about today or tomorrow is secondary. We all Caspian, and to the Persian Gulf and beyond. hurricanes, so I don’t attribute that to God swear to uphold the Constitution. I guess that is not happening in the or His lack or otherwise but in terms of I will yield the floor to my colleague human affairs I do think he answers prayer Sudan. At the same time we are chal- and I think there have been literally mil- from New Jersey at this point. I hope lenging autocrats around the world, it lions of people praying for a change in the those following this debate will con- seems we are seeking accommodation supreme court. The people of faith in this sider the constitutional issues at with what I consider a barbarous gov- country feel they’re on a tyranny and they stake. ernment in Sudan. see their liberties taken away from them and I yield the floor. At the same time we are saying we they’ve been beseeching God, fasting and The ACTING PRESIDENT pro tem- are standing with those who stand for praying for years, so I think he hears and an- pore. The Senator from New Jersey is freedom, we are turning our backs on swers their prayers. recognized. the human rights of the people of George Stephanopoulos: (Off Camera) You Mr. CORZINE. Mr. President, I also know, let’s look ahead to 2008. The jockeying Darfur. It is not enough to say that be- has already begun and of all the candidates believe we must defend the independ- cause the Sudanese Government shows looking for the nomination on the Repub- ence of the judiciary, and I think the some signs of cooperation on some lican side, which one do you believe is best comments of both the Senator from Il- fronts, this justifies our turning our positioned to get the support of religious linois and the Senator from New York backs on that Government’s criminal conservatives like you? regarding this subject are ones that attacks on their own people. It sounds Pat Robertson: You know, it’s really hard need to be understood and need to be almost like a speech I heard over the to pick a winner right now. There’s an out- brought forward on the floor as we con- standing Senator from Kansas who I think weekend. How can we ignore our own would be looking for it. He certainly rep- sider the potential for what I believe is values when it comes to Africa? Is not resents the . . . changing the basic nature of how our every human life of equal worth? George Stephanopoulos: (Off Camera) Sam courts are put together and their inde- One of this generation’s great moral Brownback? pendence. voices, Elie Wiesel, understood that

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.006 S10PT1 S4806 CONGRESSIONAL RECORD — SENATE May 10, 2005 our values are universal. Speaking on Chad, I met with President Deby and EMERGENCY SUPPLEMENTAL AP- Darfur last year, he asked: also with members of the joint com- PROPRIATIONS ACT FOR DE- How can a citizen of a free country not pay mission—Chadians engaged in diplo- FENSE, THE GLOBAL WAR ON attention? How can anyone, anywhere, not matic negotiations between the Gov- TERROR, AND TSUNAMI RELIEF feel outraged? How can a person, whether re- ernment of Sudan and the Darfur ACT, 2005—CONFERENCE REPORT ligious or secular, not be moved by compas- rebels. We met with the rebels them- sion? And above all, how can anyone who re- The ACTING PRESIDENT pro tem- members remain silent? selves. People want peace. We met with pore. Under the previous order, the Senate will proceed to the consider- Mr. President, I just returned from people in the African Union in Addis ation of the conference report to ac- the region. Unfortunately, the Govern- Ababa, Ethiopia. company H.R. 1268, which the clerk ment of Sudan denied me the visa that Bringing these players together—not will report. I needed to visit the camps inside to mention the parties in the north- The assistant legislative clerk read Sudan. Instead, I went to Chad, where south agreement in Sudan, the EU, as follows: there are about 200,000 displaced refu- NATO, and U.N. Security Council The committee of conference on the dis- gees from Darfur. members—is a full time job. It needs agreeing votes of the two Houses on the What do the Sudanese have to hide? the attention of an individual to make amendments of the Senate to the bill (H.R. Why would they prevent a U.S. Senator sure that those negotiations don’t go 1268), making emergency supplemental ap- from visiting. In the camp I visited in adrift. We need that attention now. It propriations for the fiscal year ending Sep- Chad, I received reports of continued tember 30, 2005, to establish and rapidly im- is critical. The Darfur Accountability plement regulations for State driver’s li- attacks on civilians, as well as a grow- Act asked for this, encouraged this, ing fear of an imminent humanitarian cense and identification document security and it is not happening. It is not suffi- standards, to prevent terrorists from abusing crisis afflicting the 2 million displaced cient enough to have a one-time trip by the asylum laws of the United States, to Darfurians. But it is when monitors are the Deputy Secretary of State to unify terrorism-related grounds for inadmis- denied access, when there are no re- sibility and removal, to ensure expeditious ports, that the atrocities are always Sudan to think that we are paying construction of the San Diego border fence, the most grave and can continue. enough attention or putting on enough and for other purposes, having met, after full We need transparency. This is not pressure. In fact, we don’t have an am- and free conference, have agreed to rec- about one Senator. The Sudanese have bassador in the Sudan. We don’t have ommend and do recommend to their respec- an official representative to the Afri- tive Houses this report, signed by a majority obstructed access by African Union of conferees on the part of both Houses. monitors. Human rights advocates and can Union. We need to be paying atten- The ACTING PRESIDENT pro tem- journalists have been denied entry. Hu- tion. That is why Senator BROWNBACK pore. The Senate will proceed to the manitarian organizations have been and myself offered the amendment to consideration of the conference report. harassed and, when they actually get the supplemental. That is why we have (The conference report is printed in there, some have actually been killed. asked for additional funding, some of the House proceedings of the RECORD of We need to shine a light on this prob- which was included in the supple- May 3, 2005.) lem. I visited some of the victims last mental, and I am grateful for the fact The PRESIDING OFFICER (Mr. week in eastern Chad. Here is a picture that Senators DEWINE and BROWNBACK, SUNUNU). The Senator from Mississippi of some of the folks in one of the DURBIN, LEAHY, and OBAMA were able is recognized. camps. Hundreds of these men and to provide $50 million more for the Af- Mr. COCHRAN. Mr. President, the women desperately want to go home. rican Union. But some of the humani- Senate now has under consideration They were in Chad because of the bru- tarian assistance was pulled back for the conference report to accompany tal violence in their own country, reasons allocated to other difficult H.R. 1268, the fiscal year 2005 emer- brought on by the Sudanese Govern- places that also demand need. gency supplemental appropriations ment. They were chased from their vil- bill. This bill was requested by the lages. None of them felt safe to return. It is essential if we are going to stop President to carry forward the spend- None of them would return. this killing, stop the genocide, that we ing and accounts of the Department of This sentiment matches what we react now, that we pay attention, that Defense, the Department of State, and hear in Darfur, where we were last fall. we do the things that will allow the Af- other agencies and departments of the Hundreds of thousands of civilians were rican Union’s deployment to be suc- Government through the remainder of in these IDP camps, approaching 2 mil- cessful—only 2,200 people in an area the this fiscal year which will end on Sep- lion. Meanwhile, the Darfur refugees in size of France. We need to have a min- tember 30. Chad are barely getting by. I can tell imum of 6,000, maybe as many as 10,000. The bill was passed in the Senate on you that the conditions are difficult. That mission needs to be financed. The April 21, and we began conference dis- U.N. agencies and humanitarian orga- supplemental was where we could do cussions with our colleagues from the nizations are doing everything they much of this. Some of that we stepped other body on April 27. A bipartisan can, a heroic job of getting assistance back from. majority of the conferees reconciled to these camps. But I have to tell you, differences between the two bills and Our values as a nation and our na- there is a serious shortfall between a reached agreement on the provisions of tional security require us to speak up quality of life that is just sustainable a conference report on Tuesday, May 3. and reality. The terrain in eastern and confront these problems. The House approved the conference Chad is dry, infertile and, frankly, the The ACTING PRESIDENT pro tem- report on May 5 by a rollcall vote of 368 environment is bleak. It barely sup- pore. All time in morning business has to 58. The conference agreement pro- ports the Chadians who live in the now expired. vides a total of $82.041 billion, slightly area. There is not enough water and Mr. CORZINE. I thank the Presiding less than the President’s request of certainly limited amounts of food. It Officer. I hope my colleagues will con- $82.042 billion. Almost $76 billion in needs to change. emergency supplemental appropria- sider this legislation when we bring it That is why we need to speak out and tions is provided to the Department of back to the floor. It needs to be fought we have to be forceful. That is why one Defense to cover the costs of con- for. of the provisions in the Darfur Ac- tinuing the operations in Iraq and Af- countability Act I think is most impor- I thank the Chair. I yield the floor. ghanistan. tant, and that is the appointment of a Title II of the conference agreement special envoy. f provides $4.128 billion for international Mr. President, stopping genocide is a programs and assistance for recon- moral challenge that requires courage CONCLUSION OF MORNING struction and the war on terror. Title and resources. But it also requires at- BUSINESS III provides $1.184 billion for domestic tention every day—real diplomatic en- programs in the war on terror. And gagement to make sure we are moving The ACTING PRESIDENT pro tem- title IV provides $907 million in relief the ball forward in this process. In pore. Morning business is closed. for the Indian Ocean tsunami disaster.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.016 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4807 Finally, division B of the conference Mr. COCHRAN. How long does the I am here today because some Mem- agreement carries the House-passed Senator expect to talk? bers on the other side of the aisle have REAL ID Act and other provisions re- Mrs. FEINSTEIN. Probably a half decided that despite a constitution lating to immigration issues. hour. that is renowned worldwide and used as This conference agreement embodies Mr. COCHRAN. I have no objection, a model for emergent democracies, de- a genuine compromise between the two and I have no objection with that being spite a confirmation rate of 95 percent bodies on legislation that is of utmost done in spite of the agreement we have of President Bush’s judicial nominees, importance to our troops who are de- reached on the time for debate of the and despite the other pressing prior- ployed in the war on terror and for our supplemental. ities that the American people want us allies around the world. It is supported The PRESIDING OFFICER. Is there to address, that the time has come to by the administration, and I hope the objection to the request of the Senator unravel our Government’s fundamental bill, as reflected in the conference re- from Mississippi? Without objection, it principle of checks and balances. The port, will receive bipartisan support in is so ordered. majority has decided the time has the Senate. The Senator from California. come to unravel the Senate’s tradi- We are pleased to have the benefit of Mrs. FEINSTEIN. Mr. President, I tional role of debate and that the time comments by other members of the thank the chairman of the Appropria- has come to break the rules and dis- committee or Senate to explain spe- tions Committee for his graciousness. I card Senate precedent. cific provisions of this conference am pleased to serve on that committee. I am very concerned about this strat- agreement. We are prepared to try to He has been nothing but fair always. egy. It is important to remember that respond to any questions that any Sen- That is very much appreciated. I would once done, once broken, it will be hard ators may have about the provisions of like to indicate my support for the sup- to limit and hard to reverse. In fact, the conference report, and we will be plemental appropriations. I do have just last month, Senator COLEMAN stat- hopeful, however, that the Senate will concerns about the inclusion of the ed on CNN: proceed with some dispatch to the ap- REAL ID Act in this bill, largely be- The President has a right to make appoint- proval of the conference report because cause it is the Judiciary Committee ments. They are not to be filibustered. They it is an urgent supplemental appropria- that is the committee of jurisdiction, deserve an up-or-down vote. That’s true for tions conference report. The funds pro- and this very complicated act has not any kind of appointee, whether it’s Under vided in this conference report are ur- had the opportunity of a hearing or dis- Secretary of State or a judge. gently needed by our forces in the field cussions or markup by members of that And this is exactly my point. First, and by our State Department for ac- committee. That having been said, it is the rules would be broken with regard counts that have been depleted in con- my intent to vote for the emergency to judicial nominees, then it is execu- nection with programs administered by supplemental. tive branch nominees, then it is legis- that Department. I wish to speak during the remainder lation, and then the Senate has no The administration is urging that we of my time on the so-called nuclear op- rules at all and simply becomes a rep- act quickly, and I hope we will not un- tion and the majority leader’s inten- lication of the House of Representa- necessarily prolong consideration of tion to remove the ability of the mi- tives. the conference agreement in the Sen- nority party to filibuster judicial Every Thursday morning, I have a ate but respond enthusiastically with nominations. constituent breakfast, and at that the challenge from the administration JUDICIAL NOMINATIONS breakfast I describe the difference be- to act with dispatch on this conference Mr. President, I speak today as a tween the House and the Senate based report. member of the Judiciary Committee on something George Washington once Mr. President, before I yield the for the past 12 years. In this capacity, said, that the House moves rapidly, is floor, if I may have one more moment I have worked with Members from both controlled totally by the party in of indulgence from the Senator from sides of the aisle and on nominations power, and is akin to a cup of coffee. California, on behalf of the majority from both Democratic and Republican You drink your coffee out of the cup, leader, I ask unanimous consent that Presidents. In all, I voted to confirm but if it is too hot, you pour it into the there be 3 hours and 15 minutes of de- 573 judges and have voted no on the saucer to cool it. And that is the Sen- bate under the control of the ranking Senate floor on 5 and voted against clo- ate, the greatest so-called deliberative member and 11⁄2 hours of debate under ture on 11. body on Earth, a place that fosters de- the control of the chairman; provided I evaluate each candidate on a case- bate, often unlimited, and is basically further that following the use or yield- by-case basis and thoroughly examine based on the fact that no legislation is ing back of time, the Senate proceed to their writings, opinions, statements, better than bad legislation. So the Sen- a vote on adoption of the conference re- temperament, and character. The fact ate by design was created to be a very port, with no intervening action or de- that Federal judges are lifetime ap- different house than is the House of bate. pointments weighs heavily. They do Representatives. The PRESIDING OFFICER. Is there not come and go with an administra- The strategy of a nuclear option will objection? tion, as do Cabinet appointments. turn the Senate into a body that could Mrs. FEINSTEIN. Reserving the Rather, they cannot be removed from have its rules broken or changed at any right to object. the bench except in extremely rare cir- time by a majority of Senators un- The PRESIDING OFFICER. The Sen- cumstances. In fact, in our Govern- happy with any position taken by the ator from California. ment’s over 200-year history, only 11 minority. As I said, this is not the Sen- Mrs. FEINSTEIN. Mr. President, the Federal judges have been impeached, ate envisioned by our Founding Fa- distinguished chairman of the Appro- and of those, only 2 since 1936. thers, and it is not the Senate in which priations Committee had indicated Over the years, we have had heated I have been proud to serve for the past that I would be able to speak as in debates and strong disagreements over 12 years. morning business, that he would not judicial nominees; however, that de- I think it is important to take a look object. My concern is, with the time, if bate is what ensures the Senate con- at history, as others have done, to un- I will, in fact, have the time to com- firms the best qualified candidates. derstand the context of where this de- plete my remarks. I am deeply troubled when our legiti- bate is rooted. The Founding Fathers Mr. COCHRAN. Mr. President, I have mate differences over an individual’s and our early Pilgrims were escaping a no objection to the Senator speaking qualifications to be given a lifetime ap- tyrannical government where the aver- as in morning business. pointment to the Federal bench be- age man, the common man, often did Mrs. FEINSTEIN. For such time as I come reduced to inflammatory rhet- not have a voice and was often left may consume. oric. I am even more concerned when without any say in its laws that gov- Mr. COCHRAN. I do not want her to rhetoric turns into open discussion erned him and his family. In response, talk forever. about breaking Senate rules and turn- these men specifically embedded lan- Mrs. FEINSTEIN. No, it will not be ing the Senate into a body where might guage in the Constitution to provide forever. makes right. checks and balances so that inherent in

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.018 S10PT1 S4808 CONGRESSIONAL RECORD — SENATE May 10, 2005 our Government’s design would be con- . . . if by influencing the President be meant tion to call up the nomination of Justice Abe flict and compromise, and it is pre- restraining him, this is precisely what must Fortas for Chief Justice. have been intended. cisely these checks and balances that So here are two specific examples of have served to guarantee our freedoms Here is the emergence of a check, a Republican-led filibusters against judi- for over 200 years. balance, a leveling impact on the cial appointments. power of appointment, which is not to When you read the Federalist Papers, Last Congress, the Congressional Re- be unbridled. discussions at the Constitutional Con- search Service reported that filibusters vention, and about the experience of In 1776, John Adams also wrote on the specific need for an independent ju- and cloture votes have been required to America’s first President, it is clear end debate on numerous judicial ap- the Senate was never intended to be a diciary and checks and balances. He said: pointments. CRS reported that since rubberstamp. While it is often difficult 1980, cloture motions have been filed on The dignity and stability of government in to discern the original intent of a con- 14 court of appeals and district court stitutional provision, the records of the all its branches, the morals of the people and every blessing of society, depends so much nominations. We all know a cloture Convention address the role of the Sen- vote is another kind of filibuster. It is ate in the selection of Federal judges upon an upright and skillful administration of justice, that the judicial power ought to the kind of filibuster where one does with unusual clarity. be distinct from both the legislative and ex- not have to stand up on the floor, but Both the text of the appointments ecutive, and independent upon both, that so it takes the same 60 votes to close off clause of the Constitution and the de- it may be a check upon both, as both should debate. Moreover, cloture petitions bates over its adoption strongly sug- be checked upon that . . . [The judges’] were necessary in 2000 to obtain votes gest that the Senate was expected to minds should not be distracted with jarring on the nominations of both Richard play an active and independent role in interests; they should not be dependent upon Paez and Marsha Berzon to the Ninth determining who should sit on the Na- any man or body of men. Circuit after Republican opponents re- tion’s judiciary. So it is clear, when examining the Throughout its deliberations, the creation of our Constitution, that the peatedly delayed action on them, for Convention contemplated that the Na- Federal judiciary was specifically de- over 4 years in the case of Paez. tional Legislature in some form or an- signed to be an independent, non- In fact, at the time, Republican Sen- other would play a substantial role in partisan third branch, and the Senate ator Bob Smith openly declared he was the selection of Federal judges. As a was meant to play an active role in the leading a filibuster against Richard matter of fact, on May 29, 1787, the selection process. Paez and he described Senator SES- Convention began its work on the Con- In addition, the experience of Presi- SIONS as a member of his filibuster coa- stitution by taking up the Virginia dent Washington in appointing judges lition. plan, which provided: illustrates that from the outset the In addition to using the filibuster That a National Judiciary be established Senate took an active role in evalu- and other procedural delays, Repub- . . . to be chosen by the National Legisla- ating judicial nominees. In 1795, Presi- licans have publicly pronounced the ture. dent George Washington nominated importance of these rules and their Under this plan, the President was to John Rutledge to be Chief Justice. own desire to delay or block the con- have no role at all. One week later, Soon after his nomination, Rutledge firmation of judges. As recently as 1996, James Madison modified the proposal assailed the newly negotiated and pop- Senator LOTT stated: so that the power of appointing judges ular Jay Treaty with Britain. Even as The reason for the lack of action on the would be given exclusively to the Sen- Rutledge functioned as Acting Chief backlog of Clinton nominations was his ate rather than to the legislature as a Justice, the Senate debated his nomi- steadily ringing office phone saying ‘‘No whole. This motion was adopted with- nation for 5 months, and in December more Clinton Federal judges.’’ out any objection. So the Senate had 1795 the body rejected him 14 to 10, il- In 1996, Senator CRAIG said: the entire authority. lustrating from the first administra- Then less than 2 weeks before the tion that the Senate has always en- There is a general feeling . . . that no more nominations should move. I think you’ll see Convention’s work was done, for the joyed a strong prerogative to confirm a progressive shutdown. first time the committee’s draft pro- or reject nominees. vided that the President should have a Now, use of procedural delays In 1994, Senator HATCH stated that role in the selection of judges. throughout history has prevented the filibuster is ‘‘one of the few tools However, giving the President the nominees from receiving an up-or-down that the minority has to protect itself power to nominate judges was not seen vote. The claim that it is unprece- and those the minority represents.’’ as ousting the Senate from a central dented to filibuster judicial nomina- How soon they forget. Recent Repub- role. Governor Morris of Pennsylvania tions is simply untrue. In 1881, Repub- lican practices using anonymous holds paraphrased the new provision as one licans held a majority of seats in the allowing a single Senator, not 41, to giving the Senate the power to appoint Senate but were unable to end a fili- prevent a hearing or a vote on a judi- judges nominated to them by the Presi- buster to preclude a floor vote on cial nominee, in effect, has created a dent. In other words, it was considered President Rutherford B. Hayes’s nomi- filibuster of one. All told, during the the Senate was the nomination body nation of Senator Stanley Matthews to last administration, more than 60 judi- and the President simply recommended the Supreme Court. Matthews was re- cial nominees suffered this fate. This judges to the Senate. nominated by incoming President practice was recently commented on in The Convention, having repeatedly James Garfield, and after a bitter de- the Chicago Tribune which said: and decisively rejected the idea that bate in the Senate, was confirmed by a In addition, there are lots of congressional the President should have the exclusive vote of 24 to 23. This has been described practices that defy majority rule. Under power to select judges, could not pos- as the first recorded instance in which President Clinton, when Republicans con- sibly have intended to reduce the Sen- the filibuster was clearly and unambig- trolled the Senate, they didn’t have to use ate to a rubber stamp, but rather it uously deployed to defeat a judicial the filibuster to bottle up judicial nomina- created a strong Senate role to protect nomination. tions. The Judiciary Committee simply re- the independence of the judiciary. In Then, as has been stated on the Sen- fused to send them to the floor for a vote. fact, Alexander Hamilton, considered ate floor, there was the 1968 GOP-led That is true. I know. I was there. Re- the strongest defender of Presidential filibuster against President Lyndon B. membering this history is important, power, emphasized that the President Johnson’s nomination of Abe Fortas to not to point fingers or justify a tit-for- would be required to have his choice be Chief Justice of the United States. tat policy; instead, it is important to for the bench submitted to an inde- At the time, a page 1 Washington Post recall that Senate rules have been used pendent body for debate, a decision, story declared: ‘‘Fortas Debate Opens throughout our history by both parties and a vote, not simply an affirmation. With a Filibuster.’’ to implement a strong Senate role and He clarified the necessary involvement The article read: ensure that Presidents do not attempt of the Senate in Federalist No. 77 by A full-dress Republican-led filibuster broke to weaken the independence of the ju- writing: out in the Senate yesterday against a mo- diciary.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.020 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4809 The history is not new, and these ex- and filibustered successfully on many had been a judge on the Michigan amples have been cited by my col- occasions by as little a number as one Court of Appeals. She served as a leagues in other contexts, and there- Republican; filibustered in a way that Wayne County circuit judge for nearly fore, those on the other side have re- it was secret; filibustered in a way that 10 years. She sat on the Common Pleas sponded to the history. I believe it is the individual never received a hearing Court for the city of Detroit and served important to address the differences or a markup in Judiciary or a vote on on the board of directors of the Michi- that the other side is trying to draw. the Senate floor. Then I would like an gan legal services. President Clinton Some have argued that the nomina- answer to the question, which is better, thanked her for hanging in there tion by President Hayes of Senator a filibuster by 40 Members on the floor through an ordeal that no one should Matthews of Ohio was not a filibuster openly declared, publicly debating, dis- have to endure. It is my understanding because there was no cloture vote. This cussing an individual’s past speeches, Senator LEVIN, one of the Michigan is true, however, a procedural delay dean individual’s temperament, char- Senators, supported her. Senator Abra- nying a nominee confirmation to a acter, opinions, or a filibuster in secret ham waited 2 years before turning in court still has the result blocking a when one does not know who or why? his blue slip, and after turning in the nomination. Trying to make a distinc- I begin with Clarence Sundram. Clar- blue slip did not endorse Ms. White. tion about the procedures used to deny ence Sundram was the chairman of the That, again, is how things worked. One a nominee confirmation is a distinc- New York Commission for the Men- person—not 41 people on the floor de- tion without a difference. tally Disabled. He was nominated on bating but 1 person—in secret holding As for the nomination of Abe September 29, 1995. He had hearings on up a nominee. That is just as much a Fortas—colleagues on the other side of July 31, 1996, and June 25, 1997. There filibuster, and even more effective a fil- the aisle have made various arguments was no committee vote. There was no ibuster. including: that’s only one isolated ex- floor vote. His nomination was simply Jorge Rangel was nominated to the ample; it was a Supreme Court, not a killed in committee by a filibuster of U.S. Court of Appeals for the Fifth Cir- Circuit Court nominee; or Fortas’ nom- one or two, or the chairman’s decision cuit on July 24, 1997. He did not receive ination was withdrawn after a failed not to bring the nomination to the a hearing or a vote in committee. He cloture vote showed he did not have floor. He was supported by both home was a partner in Rangel & Chriss, a majority support and therefore its not State Senators Moynihan and Corpus Christi law firm, and special- the same situation. D’Amato. On seven occasions, Senator ized in personal injury, libel, and gen- Miguel Estrada and Carolyn Kuhl LEAHY spoke on the Senate floor urg- eral media litigation. He was presiding both withdrew their nominations after ing that a vote be taken on Sundram, judge of the 347th District Court in failed cloture votes, however both were but no vote was ever taken. Nueces County from October of 1983 to used as examples of filibusters by James A. Beaty, Jr., was nominated June of 1985, and a former assistant Democrats. to the U.S. Court of Appeals for the professor of law at the University of Our colleagues have argued that the Fourth Circuit on December 22, 1995, Houston. He was originally rec- delays to the nominations of Richard and renominated on January 7, 1997. He ommended to the White House by Sen- Paez and Marsha Bershon do not count did not receive a hearing and was not ator Bob Krueger, but removed his because in the end they were con- voted on in committee. His nomination name from consideration because, ac- firmed. This ignores that it took over languished for more than 1,000 days, al- cording to a July 25, 1997 Dallas Morn- four years to confirm both nominees. most 3 years without any action being ing News article, he was then a mem- In addition, if a party attempts to fili- taken. He was nominated by President ber of the American Bar Association buster a nomination, or legislation, Clinton to be a judge on the U.S. Dis- Panel that reviews federal court nomi- and it is eventually passed that does trict Court for the Middle District of nees, which made him ineligible. He not mean it is not a filibuster. It sim- North Carolina. He was finally con- was subsequently nominated after he ply means that the filibuster or refusal firmed by the Senate in 1994. was no longer on the ABA panel, at to grant cloture cannot be sustained. Before that, he spent 13 years as a which time, Texas Monthly has re- That has happened to both parties in a judge in the North Carolina Superior ported, he was blocked by his two home variety of situations. However, failure Court. He was blocked by Senator state Senators. So, two persons there. does not undo the effort. Helms. On November 21, 1998, National Barry Goode was nominated to the Finally, as to the other Clinton Ad- Journal reported that Senator Helms U.S. Court of Appeals for the Ninth ministration nominees—the response wanted President Clinton to name to Circuit in 1998, renominated January given is that their nominations weren’t the Fourth Circuit one of the Senator’s 26, 1999, and renominated a third time defeated by a cloture vote on the floor. proteges, Terrence W. Boyle, whose on January 3, 2001, just before Presi- In essence the argument is because dif- nomination to that bench was killed dent Clinton left office—three tries. He ferent procedural rules were used to de- when the Democrats ruled the Senate waited for 21⁄2 years without a hearing feat a nomination, it doesn’t count. On and George Bush was President, but or a vote in committee. He was a part- its face, this argument doesn’t hold the Clinton White House refused and ner at the time at the San Francisco water. To the nominee whether their Senator Helms made it clear that law firm of McCutchen, Doyle, Brown confirmation failed because of a ‘‘hold’’ President Clinton would not get Beaty & Enersen. He had practiced law since in Committee, or a failed cloture vote, confirmed until he nominated Boyle. 1974. He was an adjunct professor of en- the result is the same—they are not Then Senator Helms supported Beaty vironmental law at the University of sitting on the bench. when he was nominated for his current San Francisco and served 2 years as Dozens of Clinton’s nominees were position as a U.S. district court judge. special assistant to Senator Adlai E. ‘‘pocket filibustered’’ by as little as But this shows how things worked, Stevenson III. The ABA rated him as one Senator who, in secret, prevented where one person could deny a nomina- qualified. He was supported by both the nominees from receiving a hearing tion. myself and Senator BOXER. The reason in Committee, or a mark-up, or a floor Then there is Helene White from the for the block was an anonymous Re- vote. One Senator without debate or State of Michigan. She was nominated publican who, to this day, is not reason has stopped many Clinton nomi- to the U.S. Court of Appeals for the known. Senator LEAHY spoke at least nees. Sixth Circuit on January 7, 1997, and eight times on the Senate floor, urging The question I have is whether the renominated on January 26, 1999, and that Goode’s nomination be considered, public interest is better served by one renominated for a third time on Janu- but a filibuster of one, hidden, in se- hidden filibuster without explanation, ary 3, 2001. She did not receive a hear- cret, nobody knowing who it was, es- or 41 Senators debating publicly and ing or a committee vote during the sentially killed this nomination. refusing publicly to confirm the nomi- pendency of her nomination. She had Legrome Davis was nominated to the nee. Clearly, it is the later. waited for a Senate Judiciary Com- U.S. District Court for the Eastern Dis- I would like to go over a few nomi- mittee hearing for 4 years, longer than trict of Pennsylvania on July 30, 1998, nees from the last administration who any other judicial nominee in history, and renominated on January 26, 1999. have been filibustered by Republicans, according to the Associated Press. She He did not receive a hearing or a vote

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.022 S10PT1 S4810 CONGRESSIONAL RECORD — SENATE May 10, 2005 from the Judiciary Committee during President Bill Clinton when she was Kathleen McCree-Lewis was nomi- the nearly 21⁄2 years his nomination nominated. She was special counsel to nated to the U.S. Court of Appeals for was pending. President Bush renomi- the Senate Judiciary Committee dur- the Sixth Circuit Court on September nated Davis to the same court at Sen- ing the confirmation hearings of Ruth 16, 1999, and renominated on January 3, ator SPECTER’s request on January 23, Bader Ginsburg. She served as Asso- 2001. She did not receive a hearing or a 2002, and he was finally confirmed by a ciate Counsel to the President from vote in committee during the more unanimous vote of the Senate on April 1995 to 1996, and Deputy Assistant to than a year her nomination was pend- 18, 2002. But the point was he was the President for Domestic Policy, and ing. She was a distinguished appellate stopped for nearly 21⁄2 years by an un- Deputy Director of the Domestic Pol- attorney with Dykema Gossett, one of known individual. icy Council from 1997 to 1999. Prior to the largest law firms in Michigan. She Lynnette Norton was nominated to that she was professor of law at the had been active in the Michigan bar the U.S. District Court for the Western University of Chicago, tenured. She from 1996 to 1999. She chaired the rules District of Pennsylvania on April 29, worked at the Washington, DC, law advisory committee of the U.S. Court 1998, and renominated on January 26, firm of Williams and Connolly, and she of Appeals for the Sixth Circuit. From 1999. She did not receive a hearing or a clerked for U.S. Supreme Court Justice 1992 to 1995, she cochaired the appellate vote in committee during the more Thurgood Marshall. A substantial ma- practice committee of the ABA section than 21⁄2 years her nomination was jority of the ABA rated her qualified. A of litigation. From 1987 to 1998, she was pending. She died suddenly in March minority rated her well qualified. It is editor of the Sixth Circuit section of 2002 of a cerebral aneurysm. It is my my understanding three Senators ar- the Appellate Practice Journal and is a understanding Senator SPECTER sup- gued that the DC Circuit did not need life member of the Sixth Circuit Judi- ported Norton. Senator SANTORUM, I any more judges, an argument that had cial Conference. She was president of believe, did not return the blue slip. been used to delay the confirmation of the American Academy of Appellate According to a November 18, 1999 arti- Judge Merrick Garland between 1995 Lawyers. She would have been the first cle in the Philadelphia Inquirer, a hold and 1997. African-American woman to serve on was placed on Ms. Norton’s nomina- See, this was another thing that was the Sixth U.S. Circuit Court of Ap- tion. happening during that time. Let me peals. She was rated by the ABA as H. Alston Johnson was nominated to just say it like it was. Vacancies on the well qualified. On March 21, 2001, the the U.S. Court of Appeals for the Fifth DC Circuit—a critical and important Detroit Free Press reported that she Circuit on April 22, 1999, and renomi- circuit because it reviews all of the ad- was blocked by one of her home State nated on January 4, 2001. Despite wait- ministrative appeals—were purposely Senators, namely Senator Abraham. ing over a year and a half, he did not kept open, preventing President Clin- Let me quote the Detroit Free Press. receive a hearing or a vote in com- ton from filling that circuit, to have McCree-Lewis never ‘‘got a hearing in mittee. His nomination was withdrawn more openings for the next President. the Senate, thanks to Abraham’s epic by President Bush on March 19, 2001. He Here three Senators kept this very obstructionism.’’ was supported by both home State Sen- qualified and very distinguished nomi- Now on January 8, 2001, the Detroit ators, Senators Breaux and LANDRIEU. nee from receiving a vote or a hearing Free Press reported: According to articles in the Baton on the committee. Again, a secret, hid- The Senate has been obscenely obstruc- Rouge Advocate on July 10, 2000, and den filibuster. tionist in blocking President Bill Clinton’s January 8, 2001, it is my understanding And, nevertheless, Senate Repub- judicial nominations. Former Senator Spen- an individual Senator blocked his nom- licans supported the nomination by cer Abraham did nothing to help shepherd ination from proceeding, even though President Bush of Miguel Estrada to Michigan Court of Appeals Judge Helene both Republicans and Democrats ap- the same circuit court in 2002. White and Detroit attorney Kathleen McCree peared willing to confirm him. James Wynn was nominated to the Lewis through the system. James E. Duffy, Jr. was nominated to U.S. Court of Appeals for the Fourth Again, filibuster of one, in secret, the U.S. Court of Appeals for the Ninth Circuit on August 5, 1999, and renomi- with no floor debate. Circuit on June 17, 1999, and renominated on January 3, 2001. As you can Enrique Moreno was nominated to nated on January 3, 2001. He did not re- see, President Clinton made one last the U.S. District Court of Appeals for ceive a hearing or vote in committee. try before he left office. He did not re- the Fifth Circuit on September 16, 1999, He is from Honolulu, had been a liti- ceive a hearing or a vote in committee. and renominated January 3, 2001. gator for his entire legal career, been a President Bush withdrew Judge Wynn’s He did not receive a hearing or a vote partner in the Honolulu law firm of Fu- nomination on March 19, 2001. He was a in committee. At the time of his nomi- jiyama, Duffy, and Fujiyama since judge on the North Carolina Court of nation, Moreno had a longstanding and 1975. He was former president of both Appeals and had previously served on diverse legal practice in El Paso, work- the Hawaii State Bar and the Hawaii the North Carolina Supreme Court. ing on both civil and criminal law. In Trial Lawyers Association. He would When nominated, he was a Navy re- the civil area, he represented both have been the first active Hawaii mem- servist in the JAG corps of the U.S. plaintiffs and defendants, representing ber of the Ninth Circuit Court of Ap- Navy with the rank of captain. He both large business clients and also in- peals in 15 years, despite rules that at served as the ABA’s first African- dividuals, advocating their civil rights. least 1 judge must sit in each of the American chair of the Appellate Judges In a survey of State judges, he was States within the Ninth Circuit. He Conference whose membership includes rated as one of the top trial attorneys was unanimously rated as well quali- over 600 Federal and State appellate in El Paso. A native of Chihuahua, he fied. He was supported by both Hawaii judges. He was on the board of gov- came to El Paso as a small child, son of Senators. There has been no expla- ernors of the American Judicature So- a retired carpenter and a seamstress. nation forthcoming of who blocked his ciety and was a vice president of the The ABA committee unanimously progress. Again, a secret hold, one per- North Carolina Bar Association. He rated him as well qualified. son. Two home State Senators sup- was an executive board member of the In November of 2000, Texas Monthly porting this individual and the indi- Uniform State Laws Commission and a reported that he was blocked by both vidual does not go forward. That is as drafter of the Revised Uniform Arbitra- home State Senators, again without a much a filibuster as anything going on tion Act, Uniform Tort Apportionment hearing or a vote in the Judiciary Com- on the floor at this time. Act, and proposed Genetic Discrimina- mittee. Elena Kagan was nominated to the tion Act. He was rated qualified by the Allen Snyder was nominated to the U.S. District Court of Appeals for the ABA screening committee. Senator Ed- U.S. Court of Appeals for the DC Cir- District of Columbia on June 17, 1999. wards supported him. The Associated cuit on September 22, 1999. He did re- She did not receive a vote or a hearing Press, on December 29, 2000, reported ceive a committee hearing on May 10, in committee. She is currently the that Senator Helms blocked Judge 2000. His nomination, though, was not dean of Harvard Law School. She was a Wynn. One person blocks a distin- voted on by the committee. visiting professor at Harvard Law guished jurist, a filibuster of one, and At the time of his nomination, he School, former domestic adviser to not a word said. was a longtime partner and chairman

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.023 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4811 of litigation practice at the DC law Americans view the victims—and per- From 1970 to 1971, he was the public firm Hogan & Hartson. At Hogan & haps more important, the perpetra- safety director for the city of Pitts- Hartson, he represented Netscape Com- tors—of crimes against women.’’ burgh. He served for 3 years as an as- munications Corporation in the land- She oversaw a $1.6 billion program to sistant U.S. attorney in Pittsburgh mark Microsoft antitrust case. provide resources to communities for where he prosecuted Federal criminal He was a former law clerk to Chief training judges, prosecutors, and po- cases, and for 2 years he was an attor- Justice William Rehnquist. The ABA lice. She was chosen to serve on the ney for the Civil Rights Division of the unanimously rated him well qualified. President’s Interagency Council on Department of Justice. He served a 3- He served as chair of the Committee on Women, chaired by former First Lady year tour of duty in the U.S. Navy. He Admissions and Grievances of the U.S. HILLARY RODHAM CLINTON. She also was rated unanimously as well quali- Court of Appeals for the District of Co- headed the Justice Department’s Work- fied by the ABA. lumbia, as secretary and executive ing Group on Trafficking. On October 16, 1997, the Pittsburgh- committee member of the Board of According to a statement given by Post Gazette reported that one of the Governors of the District of Columbia Senator LEAHY to the Judiciary Com- two home State Senators held up his Bar, and on the board of the Wash- mittee on January 22, 2004, she was nomination for 2 years, allowing nei- ington Council of Lawyers. It is my un- blocked by a secret Republican hold ther a hearing nor a vote, and I do not derstanding his nomination was from ever getting committee or Senate believe it was the chairman of the com- blocked by two Judiciary Committee consideration. Apparently, just one mittee. Senators. No reason was given. Senator. She had a hearing, as I said, Bruce Greer was nominated to the Kent Markus was nominated to the but she never had a vote. U.S. District Court for the Southern U.S. Court of Appeals for the Sixth Cir- Roger Gregory was nominated to the District of Florida on August 1, 1995. cuit on February 9, 2000. He did not re- U.S. Court of Appeals for the Fourth He did not receive a hearing and he was ceive a hearing or a vote in committee. Circuit on June 30, 2000, and was re- never voted on by the committee. His He was the director of the Dave Thom- nominated on January 3, 2001. He was a nomination was withdrawn on May 13, as Center for Adoption Law and vis- recess appointee of President Clinton 1996. At the time of his nomination, he iting professor at Capital University at the end of the 106th Congress. He did was the president of the Miami law Law School at the time of his nomina- not receive a hearing or a vote. firm of Greer, Homer & Bonner, where tion. He served in numerous high-level On March 19, 2001, President Bush he has a civil litigation practice. legal positions within the Department withdrew his nomination. He was sub- Senator Bob Graham supported him. of Justice, including counselor to the sequently renominated by President Senator Connie Mack’s position is not Attorney General, Deputy Chief of Bush on May 9, 2001, and confirmed known. It is my understanding the Staff for the Office of the Attorney July 20, 2001, by a 93-to-1 vote. Wall Street Journal published a According to former Senator Chuck General, and Acting Assistant Attor- lengthy editorial on July 17, 1996, that Robb, on October 3, 2000: ney General for the Office of Legisla- made no direct allegations against Despite the well-documented need for an- Greer, but made a case for guilt by as- tive Affairs. other judge on this court, and despite Mr. He also served as first assistant at- Gregory’s stellar qualifications, the Judici- sociation implying that, because Mr. torney general and chief of staff for the ary Committee has stubbornly refused to Greer represented unsavory defendants, Ohio Attorney General’s Office. even grant Mr. Gregory the courtesy of a he was soft on crime. His nomination was supported by 14 hearing. The Columbia Journalism Review re- past presidents of the Ohio State Bar I know Senator WARNER supported ported that the day after the editorial Association, including Democrats, Re- this judge. appeared, the chairman came to the publicans, and Independents; more Again, this just goes to show that we floor to denounce judges who are soft than 80 Ohio law school deans; promi- are having a major flap because 41 peo- on crime and, shortly afterward, Mr. nent Ohio Republicans; the National ple feel strongly, are willing to come to Greer received word that he would not District Attorneys Association; and the floor, and willing to debate a nomi- be receiving a hearing. So Bruce Greer the National Fraternal Order of Police. nee, and all of a sudden the world is was denied even a hearing to see if the The ABA unanimously rated him as going to come to an end, when for allegations were true. qualified. years and years and years one or two or That is what has happened, ladies Both Senators DEWINE and VOINOVICH three Members of the Senate could pre- and gentlemen. returned blue slips. He was blocked by vent a hearing or a markup in the Ju- Leland Shurin was nominated to the one Senator—a filibuster of one, all diciary Committee or an individual U.S. District Court for the Western hidden, all quiet. even being brought to the floor. District of Missouri on April 4, 1995. He Bonnie Campbell was nominated to Which would the public prefer? I did not receive a hearing and was never the U.S. Court of Appeals for the would hope it would be a discussion on voted on in committee. His nomination Eighth Circuit on March 2, 2000, and re- the floor of the Senate. I would hope it was withdrawn at his request, because nominated on January 3, 2001. Her would be laying out the case against of inaction, on September 5, 1995. hearing was on May 25, 2000. The nomi- the individual, as has been done with He was an executive committee nation was never voted on by the Judi- every one of the ten—only ten; in all of member and partner at the law firm of ciary Committee. President Bush’s terms, only ten— McDowell, Rice & Smith, in Kansas She served for 4 years as Iowa’s At- when in President Clinton’s term there City, where he maintained a general torney General. She is the only woman were 60, and one or two, in secret, kept practice doing plaintiff and defense to have held that office in her State, that individual from being brought to litigation. He was very active in the and she wrote what became a model the floor of the Senate and voted on. community. statute on antistalking for States Well, let me continue. John Bingler He was rated as qualified by the ABA around the country. was nominated to the U.S. District committee. He told the Kansas City She was selected by President Clin- Court for the Western District of Penn- Star: ton in 1995 to head the Justice Depart- sylvania on July 21, 1995, and renomi- I had the sense that my confirmation is ment’s newly created Violence Against nated on July 31, 1997. He did not re- being delayed. No one could give me a clear Women Office. She emerged as a na- ceive a hearing or a vote either time he date when anything could be done. I’ve sat tional leader for her work to bring vic- was nominated. around for two years. I can’t keep doing it. tims’ rights reforms to the country’s After waiting more than 2 years One has to come to grips with wheth- criminal justice system. without any action on his nomination, er this was a fair process, whether this In 1997, Time magazine named her he withdrew on February 12, 1998. was even as fair as what is happening one of the 25 most influential people in Since 1971, he has practiced law with today. I believe no way, no how was America. Praising her for bringing the Pittsburgh firm of Thorp, Reed & this a fair process. I have been one who ‘‘rock-solid credibility’’ to her job, Armstrong. He served for 6 years as has believed that the blue slip should Time called Campbell the ‘‘force be- chair of the firm’s litigation depart- be done away with, that there should hind a grass-roots shift in the way ment. be no anonymous holds, and that every

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.025 S10PT1 S4812 CONGRESSIONAL RECORD — SENATE May 10, 2005 appointee should be given a hearing jury, because of the lengthy delay in but a vote was never held on her nomi- and a vote in the committee. That does the nomination process, the February nation during the nearly 3 years her not mean that we should change the 11, 1998 edition of the NewsHour with nomination was pending. What were rules of the Senate to prevent, in ex- Jim Lehrer reported that he lost his the reasons for this block? On October treme cases, the ability of the minority State court judgeship. He was unani- 8, 1998, the Associated Press reported to register a strong point of view, when mously rated as qualified. Again, this that her supporters said she was op- the minority of one has historically is the hidden filibuster of this body. posed by Puerto Rico’s prostatehood been allowed to register a strong point J. Rich Leonard, was nominated to Governor and congressional representa- of view secretly and, in fact, kill a the U.S. Court of Appeals for the tive because she is a backer of the is- nominee. Fourth Circuit, on December 22, 1995, land’s current status as a U.S. com- Sue Ellen Myerscough was nomi- did not receive a hearing or a vote in monwealth, and there was apparently nated to the U.S. District Court for the committee. Subsequently, he was nom- some overwhelming bipartisan opposi- Central District of Illinois on October inated to the District Court for the tion. 11, 1995. She did not receive a hearing Eastern District of North Carolina on Why not vote? If what is being said or a vote in committee. She was an Illi- March 24, 1999. Again, he did not re- now has been true and par for the nois State circuit court judge. She was ceive a hearing or a vote. In total, this course, why not vote? an associate circuit court judge. She gentleman waited over 2.5 years before Lynne Lasry was nominated for the worked in law firms in Springfield. She the committee for the two nominations Southern District of California but did formerly clerked for U.S. District without ever receiving a hearing or a not receive a hearing or a vote. After Judge Harold Baker. A substantial ma- vote. He was a judge on the U.S. Bank- one year of inaction, the nomination jority of the ABA committee rated her ruptcy Court for the Eastern District was withdrawn in 1998. as well qualified, while a minority of North Carolina at the time of his James Klein was nominated to the rated her as qualified. nomination by President Clinton. He U.S. District Court for the District of She was supported by both Senator was rated as well qualified. Again, my Columbia, January 27, 1998, renomi- Paul Simon and Senator Carol information is that one Senator nated March 25, 1999, and did not re- Moseley-Braun at the time. In 1997, blocked both of his nominations. ceive a hearing or committee vote dur- Senator DICK DURBIN stated in the I see there are others waiting. I will ing the 3 years that he was pending. Patricia Coan was nominated to the State Journal-Register that he be- be brief. But let me list some of the U.S. District Court for the District of lieved ‘‘Judge Myerscough was caught others. Colorado, May 27, 1999. She did not re- up in a Federal stall.’’ Robert Freedberg was nominated to On September 27, 1996, the State the U.S. District Court for the Eastern ceive a hearing or committee vote in Journal-Register reported that Senator District of Pennsylvania, April 23, 1998. the year and a half that her nomina- Simon said he believed the reason was He never received a hearing. He was a tion was pending. The May 21, 2000 Den- a matter of partisanship, not because judge on Northampton County’s Court ver Post reported that one Senator of any controversy or problems with of Common Pleas. He is a former pros- blocked her nomination. Dolly Gee was nominated to the Dis- her qualifications. Senator Simon said ecutor. The January 28, 1999 Allentown trict Court for the Central District of he escorted Myerscough for individual Morning Call reported that he was California, May 22, 1999. She did not re- meetings with Senator HATCH and blocked by one Senator. ceive a hearing or committee vote in other members of the panel but had Robert Raymar, nominated to the the year and a half that her nomina- ‘‘not had a single member of the com- U.S. Court of Appeals for the Third Cir- cuit, did not receive a hearing. His tion was pending. mittee tell me he or she couldn’t vote Fred Woocher was nominated to the nomination expired at the end of the for her.’’ U.S. District Court for the Central Dis- This is what has happened. So I have session. Former deputy attorney gen- trict of California, received a hearing a hard time understanding why we are eral for the State of New Jersey, mem- on November 10, 1999, but was not voted where we are today. ber of the New Jersey Executive Com- on by the committee despite waiting Charles Stack was nominated to the mission on Ethical Standards. He was for a year after his hearing. U.S. Court of Appeals for the Eleventh rated as qualified. He was supported by Steven Bell was nominated to the Circuit on October 27, 1995. He received both State Senators. One person fili- U.S. District Court for the Northern a hearing before the committee on Feb- bustered this individual in committee. District of Ohio but did not receive a ruary 28, 1996, but did not receive a He didn’t receive a hearing or a vote. hearing or vote in committee for more vote in committee. James Lyons, nominated to the U.S. than a year that his nomination was According to the May 11, 1996, Miami Court of Appeals for the Tenth Circuit, pending. Herald, he came under intense attack did not receive a hearing or a vote, and Rhonda Fields was nominated to Dis- from then-Presidential candidate Bob withdrew after it became clear he trict Court for the District of Columbia Dole, and he withdrew his nomination would not receive a hearing or a vote. on November 17, 1999, no hearing, no on May 13, 1996. He was a longtime senior trial partner vote. Cheryl Wattley, nominated to the at the Denver law firm of Rothberger, Robert Cindrich was nominated to U.S. District Court for the Northern Johnson & Lyons, special advisor to the U.S. Court of Appeals, Third Cir- District of Texas on December 12, 1995, the President of the United States and cuit, February 9, 2000, no hearing, no did not receive a hearing or vote in the Secretary of State for economic vote. committee. The Dallas Morning News initiatives in Ireland and Northern Ire- David Fineman was nominated to the reported in 1996 that she was supported land. He couldn’t get a hearing. He was U.S. District for the Eastern District of by both home State Senators. Again, adjudged well qualified by the ABA. Pennsylvania on March 9, 2000, no hear- no reason—probably filibustered be- I don’t see where anybody is con- ing, no vote. cause one or two or three didn’t like cerned about these injustices, and that Linda Riegle was nominated to the her for one reason or another. is what they were—real injustices. U.S. District for the District of Nevada Michael Schattman, nominated to John Snodgrass was nominated to on April 25, 2000, no hearing, no vote in the U.S. District Court for the North- the U.S. District Court, Northern Dis- committee. ern District of Texas, December 19, trict of Alabama, September 22, 1994, Ricardo Morado was nominated to 1995, and renominated on March 21, renominated January 11, 1995. He did the U.S. District for the Southern Dis- 1997, did not receive a hearing, was not not receive a hearing or a committee trict of Texas on May 11, 2000, no hear- voted on in committee. His nomination vote. His nomination was withdrawn ing, no vote. at his request was withdrawn on July on September 5, 1995. Stephen Orlofsky was nominated to 1998 after 21⁄2 years of inaction by the Anabelle Rodriguez was nominated to the U.S. Court of Appeals, Third Cir- committee. This man was a Texas the U.S. District Court for the District cuit, May 25, 2000, no hearing, no vote. State district court judge in Fort of Puerto Rico, January 26, 1996, re- Gary Sebelius was nominated to the Worth. He had previously been a coun- nominated March 21, 1997. A committee U.S. District for the District of Kansas ty court judge. And to add insult to in- hearing was held on October 1 of 1998, on June 6, 2000, no hearing, no vote.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.026 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4813 Kenneth Simon was nominated to the President of a different party? I don’t ber had plummeted to 27—the lowest U.S. District for the Northern District think so. I think what is sauce for the level of vacancies since the Reagan era. of Alabama on June 6, 2000, no hearing, goose is sauce for the gander. I pointed Of the 8 nominees reported out of no vote. out two uses of filibusters for judicial committee this year, four have already John S.W. Lim was nominated to the appointments by Republicans, one in been confirmed. One, Thomas Griffith, U.S. District for the District of Hawaii 1881 and one in 1968. is waiting a vote, and the remaining on June 8, 2000, no hearing, no vote. Mr. COCHRAN. Mr. President, will three are controversial nominees who And there are those, you might say, the Senator yield for a question? were defeated last Congress: William that came under the Thurmond rule. Mrs. FEINSTEIN. I certainly will. Myers, Priscilla Owen, and Janice Rog- There is sort of an informal practice Mr. COCHRAN. Mr. President, I am ers Brown. that in the last few months of a Presi- curious to know when the Senator In addition, President Bush has sent dent’s tenure, the hearings do not go plans to complete her remarks. At the the Senate but one new judicial nomi- forward. Again, that is not a rule; it is beginning of her remarks, she assured nation this year. Brian Sandoval of Ne- a practice. the Senate that she would take about vada is the only new judicial nomina- Christine Arguello, nominated to the 30 minutes. We are on the conference tion sent to the Senate in the first five U.S. Court of Appeals, Tenth Circuit, report on the supplemental appropria- months of this year. He has bipartisan on July 27, 2000. tions bill which is an urgent supple- support from his home State Senators Andre Davis, nominated to the U.S. mental bill. We have about 4 hours di- and appears to be a consensus nominee. Court of Appeals, Fourth Circuit, on vided among Senators on both sides to Again, what do these numbers mean? October 6, 2000. complete debate. I don’t want to push They mean there is no crisis on the fed- Elizabeth Gibson, nominated to the the Senate into the evening hours, if eral bench that justifies the so-called U.S. Court of Appeals, Fourth Circuit, we are going to have a prolonged dis- nuclear option as some of my Repub- on October 26, 2000. cussion of this issue when we thought lican colleagues contend. David Cercone, nominated to the U.S. it was going to be 30 minutes. It is al- To me, the record I just described District Court for the Western District most an hour now. and the reasons for opposing these lim- of Pennsylvania on July 27, 2000. Mrs. FEINSTEIN. I appreciate the ited number of nominees doesn’t lead Harry Litman, nominated to the U.S. Senator’s forbearance. He is a true gen- to the conclusion that the Senate District Court for the Western District tleman. Out of respect for him and for should be discussing breaking our own of Pennsylvania on July 27, 2000. the institution, I will conclude my re- institutional rules and unraveling the Valerie Couch, nominated to the U.S. marks. checks and balances established by our District Court for the Western District During the reorganization of the Sen- Constitution. Some have described this debate as a of Oklahoma on September 7, 2000. ate in 2000, Senators Daschle and strategy to change the rules. Changing Marian Johnston, nominated to the LEAHY worked to make the nomina- the rules is not only unacceptable, but U.S. District Court for the Eastern Dis- tions process more fair and public. This in this case it is inaccurate as well. trict of California on September 7, 2000. refining forced Senators opposed to a The nuclear option is a strategy to Steve Achelpohl, nominated to the nomination to be held accountable for break the rules. This isn’t just my as- U.S. District Court for the District of their positions. They could not hide be- sessment; it’s the conclusion drawn by Nebraska on September 12, 2000. hind a cloak of secrecy. This step also the Senate Parliamentarian and the Richard Anderson nominated to the wiped out many of the procedural hur- Congressional Research Service. U.S. District Court for the District of dles that have been used to defeat Last week, press reports reiterated Montana on September 13, 2000. nominations. So many of the tools used that Senator REID had been assured by Stephen Lieberman, nominated to by Republicans in the past, and re- the Parliamentarian that if the Repub- the U.S. District Court for the Eastern ferred to as a way to draw distinctions licans go through with this strategy District of Pennsylvania on September with a public cloture vote are no longer they would ‘‘have to overrule him, be- 14, 2000. available. This historical record is im- cause what they are doing is wrong.’’ And, Melvin Hall, nominated to the portant, yet it is too often lost in our The Congressional Research Service U.S. District Court for the Western debates. concluded in a recent report that to District of Oklahoma on October 3, I also believe it is useful to examine employ these tactics the Senate would 2000. the current state of judicial nomina- have to ‘‘overturn previous precedent.’’ What I have tried to show today is tions, and what has actually occurred ‘‘Proceedings of this kind, it is argued, that there is a certain amount of hy- in this body during President Bush’s would both break old precedent and es- pocrisy in what is going on today. The tenure: 208 judges confirmed out of 218; tablish new Senate precedents. Eventu- opposition cannot have any concern 95 percent of President Bush’s judges ally such a plan might even result in about one Clinton nominee or dozens of have been confirmed; the Senate has changes in Senate rules, while circum- Clinton nominees who received no confirmed 35 circuit court nominees; venting the procedures prescribed by hearing, no markup, no floor vote, but recently, the Judiciary Committee re- Senate rules.’’ suddenly they are upset because 41 of ported out 2 District Court and 1 Cir- So, shortly, the Senate will likely be us in public, eight of us in committee, cuit Court nominees; today, there are faced with a preemptive strike to vote no and believe that our views are only 4 judicial nominations on the Sen- break the rules. The term preemptive strong enough and substantive enough ate calendar waiting for a vote; and strike seems appropriate when there to warrant a debate on the floor of the there are only 45 total vacancies, both are only three controversial judges Senate in the true tradition of the Sen- district and circuit courts, and 29 do waiting for a vote—judges who were ate. And bingo, we are going to have a not have nominations submitted. previously defeated last Congress and change in the rules to prevent that What do these numbers mean? There have drawn strong opposition. from happening. Nobody is talking are more judges today sitting on the This is a move to wipe out 200 years about changing the rules so one person federal bench than in any previous of precedent when this Senate has only can’t filibuster; one person can’t, on a presidency. The Senate has confirmed been in session for just over 4 months, pique or because they don’t like the in- more judges for President Bush than in when this President has had over 200 dividual, condemn that individual. President Reagan’s first term, his fa- judges confirmed, and when the Judici- I can tell you, because I have been on ther’s only term, or President Clinton’s ary Committee reported favorably a this committee for 12 years, I have had second term. controversial circuit court judge who people call me and say: Look, I have The Senate confirmed more circuit was not voted on last Congress, but was three children. I have to know what is court judicial nominees than in Rea- renominated. This appears to me to be going to happen to me. I try to get in- gan’s or Clinton’s first term. When an escalation that is unwarranted in formation, can’t get that information. Democrats were in the majority in the reality of what has actually oc- I ask the majority of this body, is 2001, there were 110 vacancies and by curred and is happening in this session. that fair? Do you not feel aggrieved? Or the end of the 108th Congress and I find it ironic that while our country is that OK because it was a different President Bush’s first term, the num- fights abroad to establish democracy,

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.036 S10PT1 S4814 CONGRESSIONAL RECORD — SENATE May 10, 2005 to promote checks and balances, and league from California. As we have Many of these costs perhaps were institute wide representation of all come to expect, her presentation was genuine emergencies, but many others people in government; here at home thorough, comprehensive, factually are not. I would not argue with many our leadership is attempting to erode and historically accurate. Much in the of the decisions made because I am those very protections in our own gov- debate that has occurred around the well aware of the importance of recapi- ernment. What kind of message are we so-called nuclear option has been heat- talizing our equipment, building back sending? ‘‘Do as I say, not as I do’’? ed. It has been rhetorical. It has been up our stores of arms that have been This debate over judicial nominees is filled with opinion. It has been, unfor- decreased through necessary action. a debate about privacy, women’s tunately, often devoid of either histor- But a good budgeting process would rights, civil rights, clean environment, ical or factual content. I personally ap- take all of that into account. Having access to healthcare and education; re- preciate greatly the Senator from Cali- this supplemental, unfortunately, with tirement security—we may not all fornia putting into the RECORD these the big title ‘‘emergency’’ over it ap- agree, but the beauty of our country is very carefully created remarks based pears to be an effort to rush things the freedom to disagree, to debate, and on facts. I hope no matter what hap- through to avoid congressional over- to require compromise because no one pens with this debate—and obviously, I sight and scrutiny. Obviously, a bill party has the corner on the market of hope the Senate comes to its senses that is going to provide funding for the good ideas and solutions—and no party and realizes that we owe an obligation young men and women wearing the has the corner on the market of polit- to the Constitution and the country— uniform of our country, in harm’s way ical power. historians will be able to look back and every single hour of every day, is going Democrats held the House majority read the very impressive statement of to command broad bipartisan and pub- for over 50 years, and now Republicans the Senator from California and know lic support, as it should. But that have been in the majority for over a what the facts were. I personally ex- doesn’t, in my opinion, in any way decade. Democrats held the White press my appreciation to her. mitigate against what should be the House for eight years, now the Repub- Mr. DORGAN. Will the Senator from necessity of an orderly process, an ap- licans will have occupied the White New York yield for a question? propriations process subject to the give House for eight years. Neither party Mrs. CLINTON. Yes. and take of opinion and fact, and argu- will always be right when it comes to Mr. DORGAN. Mr. President, I ask ment and reason and evidence, and the best policies for our country, and unanimous consent that I be recog- then the presentation of a budget that neither party will always be in power. nized at 2:15 for 15 minutes to discuss includes the expenses that are nec- There are many urgent problems the the supplemental. Senator BYRD is the essary for our military. Senate needs to be focused on and ranking member on the Appropriations I regret deeply that we are, once Americans’ want us to focus on: the Committee. If he is here and wishes to again, seeing an emergency bill being war in Iraq; protecting our homeland; speak at that time, I will yield the pushed through the Senate, as it was addressing the high cost of prescription floor to him. In the absence of that, I pushed through the House last week, drugs; alleviating rising gas prices; en- ask consent. when instead we should be having an suring our social security system is The PRESIDING OFFICER. Without orderly process looking at these mat- stable and working; and reducing the objection, it is so ordered. ters within the budget and making de- federal deficit. The Senator from New York. cisions based on that process. I am troubled that instead today we Mrs. CLINTON. Mr. President, I rise During the Armed Services Com- are spending much of our time on polit- to address the emergency supplemental mittee hearing on this supplemental ical posturing gone too far—on a strat- appropriations conference report. When request, a number of my colleagues egy to unravel our constitutional the vote occurs, it is likely to be, if not asked why projects that ordinarily are checks and balances. unanimous, very close to being unani- included in the regular Department of Cold War commentator Walter mous. And why? Because this con- Defense budget were being shifted to Lippman once said, ‘‘In making the ference report contains the funding the supplemental. I really was quite great experiment of governing people that is needed by our brave troops in taken aback when the military leader- by consent rather than by coercion, it Iraq and Afghanistan. It contains fund- ship said they didn’t know, that they is not sufficient that the party in ing to provide necessary resources to were just told they should put it out power should have a majority. It is just equip our troops and to do the military for the supplemental. The civilian lead- as necessary that the party in power construction that is necessary. I will ership present at the hearing could not should never outrage the minority.’’ vote for this conference report. But I offer a much better explanation. So it And today, we are outraged. want to record some serious reserva- is regrettable that we are making these I would hope that the majority would tions about this process. First, the important, literally life-and-death de- not choose to unravel that foundation emergency supplemental appropria- cisions once again in an emergency over a small handful of nominees. I tions process is destined to be just supplemental as opposed to the regular would hope we would continue to honor that. It is a way to fund unforeseen budget. the tradition of our democracy. I would emergencies outside of the usual budg- Also, it is regrettable that the ad- hope the President will urge others in etary process. ministration is not providing a proper his party to walk away from this nu- Unfortunately, once again, we are accounting of how funds are being clear strategy. And I know if the shoe funding the cost of the military in spent in Iraq. According to recent re- was on the other foot, I would not ad- Iraq, Afghanistan, and elsewhere, as ports, Government auditors found that vocate breaking Senate rules and well as a legitimate emergency, such American officials rushed to start precedent. as the tsunami relief provisions in the small building projects in a large area Regardless of how this debate con- bill, through an emergency. I am privi- of Iraq during 2003 and 2004. They did tinues to unfold, I remain committed leged to sit on the Senate Armed Serv- not keep the required records that to evaluating each candidate on a case ices Committee, which is responsible would tell us how they spent $89.4 mil- by case basis, and I will continue to en- for presenting the authorization for the lion in cash. They cannot account for sure that judicial nominees are treated budget for the Department of Defense, at least $7.2 million more. This is a fairly and even-handedly, but I will not and during several of our hearings over very serious question. If we are appro- fail to raise concerns or objections the last several months, I, among a priating this money and we are sending when there are legitimate issues that number of my colleagues on both sides it for both military and reconstruction need to be discussed. of the aisle, have asked our civilian purposes to Iraq, we have a right to ex- The PRESIDING OFFICER. The Sen- and military leadership from the De- pect that records will be kept so we can ator from New York. partment of Defense how they explain determine whether it is being spent in Mrs. CLINTON. Mr. President, before the fact that once again the costs for the appropriate manner. I make my remarks on the supple- Iraq and Afghanistan are not in the We have also heard that millions of mental appropriations conference re- budget; they are in the emergency sup- dollars of Iraqi reconstruction funds port, I commend my friend and col- plemental. that have been appropriated have also

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.037 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4815 not been spent. A large reason for that our troops the resources they need to Security to waive legal requirements is security. But why come back for fight terrorism on the front lines is not that stand in the way of constructing more money when we cannot spend the the place for broad, sweeping immigra- barriers and roads along the border. money we have already appropriated? tion reform. That is what REAL ID is. The only check is limited judicial re- It is heartbreaking to me that there is There may be parts of it that we could view. This is quite a tremendous grant so little oversight from this Congress agree on if we ever had a chance to de- of authority to one person in our Gov- with respect to this administration. bate it. Other parts go too far and don’t ernment. I am sure there are some rea- There are no rigorous hearings being fulfill the purpose of making our coun- sons why we would want to expedite a held to determine whether we are try more secure. process to try to have better security spending money correctly, how it is I am in total agreement with those along our borders. But to give this un- being spent, where all of the cash is who argue that we need to address our checked responsibility to the Sec- going. The first time I flew into Iraq, I immigration challenges, and we are retary, with limited judicial review— flew from Kuwait to Baghdad on a C– still not doing what we should to fulfill that is a slippery slope, my friends. We 130. The back of it was loaded with the demands of homeland security. I are sliding further and further toward cash—dollars. They were being taken think they go hand-in-hand. If we can- absolute power and the removal of our into Baghdad to be spent for God not secure our borders, we cannot se- checks and balances. knows what, and there is no account- cure our homeland. Everybody knows We also have to figure out how we ability. we are not securing our borders. Who are going to deal with the changes in It is remarkable that this Congress, are we kidding? We need a much tough- asylum rules that are in REAL ID. I at this important moment in American er, smarter look at these issues. But am very proud of the fact that our history, is not exercising its constitu- instead we are taking a piece of legisla- country has always welcomed asylum- tional oversight responsibilities. Dur- tion passed by the House, jammed into seekers and refugees. There is a city in ing the Second World War, Harry Tru- supplemental emergency appropria- New York, Utica, which is known as man, a Democratic President, with a tions for our troops, and we are going one of the most welcoming places for Democratic Congress, held hearings to up-end the way we do driver’s li- refugees in the entire country. I am so censes throughout our country, and we about where money was going in World proud of the people of Utica. They have are going to claim we have now made War II. In the 1960s, Senator Fulbright, taken in Bosnians, Kosovars, Soma- America safer. with a Democratic President and a lians, all kinds of refugees—people who I think that is a false claim. I regret could not stay in their home country Democratic Congress, held hearings deeply that we are rushing to pass this about our policies and actions in Viet- and were desperate for some place of emergency bill with this so-called refuge. Under these new rules, we will nam. We have a Republican President, REAL ID in it. We need to reform our a Republican Congress—hear no evil, see whether America remains the place immigration laws. We need to make of welcome, whether we fulfill our obli- see no evil, speak to evil; we don’t our borders more secure. But we need a want to know. Questions are not gations to our fellow men and women. debate about how we are going to do I hope that the failure of having a asked—at least publicly. People have that. Isn’t it somewhat interesting to process with respect to REAL ID, the no idea where this money is going, who everyone in this Chamber that the continuing use of the supplemental ap- is getting it, and how it is being spent. richest, smartest country with the best propriations route for funding our These emergency supplementals have technology in the world cannot secure troops, which avoids the budget proc- even less oversight than the typical its borders? Why would that be? Well, ess, will at some point come to an end budget, which in this Congress is prac- part of the reason is because there are because the majority will no longer tically nothing. many people, particularly to our south, tolerate it. This is not good for any of So while we continue to spend bil- who are desperate for a better chance. us—to have these kinds of processes lions and billions of American taxpayer They literally risk their lives to come that really turn our constitutional sys- dollars, we don’t see the requisite ac- here. Part of it is because we have a lot tem upside down. countability occurring in this body to of employers who want to employ In the meantime, we need to send a determine whether we are spending them. So they know if they get here, message that we are able to have na- them appropriately. they will have a job. We are not having tional debates about sensitive issues, I am also deeply concerned that on a public national debate about this be- to debate judicial nominations on the an emergency supplemental to fund our cause, if we were, we would have to floor, using the rules that have really troops and fund the relief disaster in point fingers at these employers who stood the test of time and been good southeast Asia because of the tsunami, pick up illegal immigrants every single for the Senate and our country. We we are being asked to vote on some- day on street corners throughout don’t always win, but the Senate was thing called ‘‘REAL ID.’’ It is a provi- America, or who sign them up to work devised to protect minority rights. I sion meant to, in the supporters’ argu- in dangerous factories with very little represent a State of 19 million people. ment, make our country safer. How do health and safety regulation. The Presiding Officer represents a we know? We haven’t had hearings So come on, let’s not kid ourselves. much smaller State. He and I are about it in the Senate. We have not We have a serious security and immi- equal. That is the whole idea behind even had debate about it in the Senate. gration problem. But we are not ad- the setup of the Senate. I joined with Senator FEINSTEIN to try dressing it by jamming this provision Finally, let’s be sure that we do not to prevent immigration proposals from about driver’s licenses into our emer- piecemeal reform immigration—I use being tacked onto the supplemental. gency appropriations. We need to make the word ‘‘reform’’ advisedly—that we But we all know why that happened— our borders more secure. I have intro- have the kind of debate and com- because the administration backed up duced legislation 3 years in a row to prehensive reform that is so needed. I the House Republican leadership to have a northern border coordinator. I bet every one of the offices of my col- give them an opportunity to put the met with both Secretary Ridge and leagues is faced with what my office so-called REAL ID on a must-pass Secretary Chertoff. We don’t know who confronts every single day. We do lots piece of legislation; namely, legislation is in charge of the northern border. of casework. There are a lot of people to fund our troops. So without debate, Trying to figure out who is responsible who came here legally. They cannot without committee hearings, without for the northern border is like playing get their relatives into this country. process, we have the so-called REAL ID ‘‘Where is Waldo.’’ we cannot figure They cannot reunite their families. I in this emergency supplemental. that out. We are not taking simple want to have a reform that really pro- I am outraged that the Republican steps to rationalize our bureaucracy in vides benefits for legal immigrants. leadership, first in the House and now, Washington, to find out what our holes Mr. President, I hope we can deal unfortunately, in the Senate, would are and how they can be plugged, what with these issues in a better way that put this seriously flawed act into this policies would work if we were actually really reflects the best of the Senate emergency supplemental bill for our serious about improving security. going forward. troops in Afghanistan and Iraq. Emer- The REAL ID Act also gives total The PRESIDING OFFICER. The Sen- gency legislation designed to provide control to the Secretary of Homeland ator from Mississippi.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.027 S10PT1 S4816 CONGRESSIONAL RECORD — SENATE May 10, 2005 UNANIMOUS CONSENT REQUEST—COMMITTEE Peace resources diverted to address the Delays in Productive Safety Net Program MEETINGS tsunami. Finally, $112 million was in- (PSNP): This is a program designed to over- Mr. COCHRAN. Mr. President, before tended to restore food aid development come people’s dependence on food assistance. the Chair announces the recess for the projects that the United States has al- While this is an important step, continued policy luncheons, I have eight unani- robust response to emergency conditions is ready pledged to other countries this critical to ensure the success of more devel- mous consent requests for committees year. opmentally oriented programs. Unfortu- to meet during today’s session of the It troubles me, and it should trouble nately, this program, which was meant to Senate. They have the approval of the everyone here, that we may not be able begin in January 2005, didn’t start until late majority and minority leaders. I ask to deliver on those pledges. What a dis- March in most areas of the country and, in unanimous consent that these requests turbing message that sends to the rest some areas, still has not begun. Without be agreed to and the requests be print- of the world. It says that while we may going into details of why this foul-up oc- ed in the RECORD. talk a good game on food aid, you can- curred, the fact is that people targeted under The PRESIDING OFFICER. Is there not be too sure just where we stand the PSNP have, in most cases, not yet received the planned assistance and there are objection? when the going gets tough. The numbers in our amendment were now deteriorating health conditions, espe- Mr. GREGG. Mr. President, I object. cially in women and children. Many of the The PRESIDING OFFICER. Objec- not pulled out of thin air. They were chronically food insecure now face acute tion is heard. the result of close analysis of the world conditions, themselves. f situation. In light of new reports from Poor Resourcing of 2005 Appeal: Current Ethiopia, I worry that even the figures indicate that 66% of food needs are RECESS amounts included in our original pledged and only 10% of non-food needs. It The PRESIDING OFFICER. Under amendment may have been, in fact, too must be noted, however, that this includes the previous order, the hour of 12:30 conservative. an un-guaranteed WFP pledge. With the number of people requiring assistance con- p.m. having arrived, the Senate will Sadly, the conference reduced the food aid total to $240 million, a level tinually increasing, the level of resources re- stand in recess until the hour of 2:15 quired is certain to increase significantly. p.m. that is well below a split with the level While 66% sounds promising, it should be Thereupon, the Senate, at 12:31 p.m., proposed by the administration and noted that, using current assessments going recessed until 2:15 p.m. and reassem- adopted by the House. on, this figure may not adequately represent bled when called to order by the Pre- I ask unanimous consent that an the real need. Among the reasons for the low level of residing Officer (Mr. VOINOVICH). alert I received from several faith- based organizations about the situa- sources are: Donor attention being focused f tion in Ethiopia be printed into the on other emergencies (Darfur and tsunami), greater emphasis being placed within the EMERGENCY SUPPLEMENTAL AP- RECORD. PROPRIATIONS ACT FOR DE- There being no objection, the mate- country on PSNP rather than ongoing emer- FENSE, THE GLOBAL WAR ON gency needs, pressure to demonstrate that rial was ordered to be printed in the the country is moving away from annual TERROR, AND TSUNAMI RELIEF RECORD, as follows: Emergency Appeals, misleading recent WFP/ ACT, 2005—CONFERENCE RE- FLASH ALERT FROM JRP MEMBERS FAO crop assessment suggesting a 25% in- PORT—Continued ADDIS ABABA, ETHIOPIA—APRIL 2005 crease in yield over last year, and traditional The PRESIDING OFFICER. The Sen- The three Churches and two Church-re- food donors having their own constraints. Unless commitments o food and non-food ator from North Dakota. lated agencies (Ethiopian Orthodox Church, Ethiopian Catholic Church, Ethiopian Evan- items are made immediately, the JRP will Mr. DORGAN. Mr. President, I be- gelical Church Mekane Yesus, Catholic Re- not be able to pre-position food in the most lieve, by unanimous consent, I am to lief Services and Lutheran World Federa- severely affected areas prior to the rainy be recognized at 2:15 for 15 minutes. tion) who make up the ecumenical Joint Re- season which starts in June because of poor I allocate 21⁄2 minutes of that time to lief Partnership feel compelled to bring to road conditions at that time. This will lead the Senator from Wisconsin, Mr. KOHL. the public’s attention a situation that if not to further setbacks and great loss of life. The PRESIDING OFFICER. Without immediately addressed in a forceful manner It is with the above in mind, that the JRP is appealing to its traditional Partners to objection, it is so ordered. will bring about widespread disaster resulting in untold suffering and death for a num- bring this situation to the world’s attention The Senator from Wisconsin. ber of people—a number that is rapidly ap- and to act as promptly as possible. Mr. KOHL. Mr. President, although I proaching the 8–10 million mark of Ethiopian With every best wish, we remain, the JRP will vote for this conference report, I people at risk in 2005. Members: feel obliged to alert my colleagues to a This humanitarian situation has thus far ETHIOPIAN ORTHODOX serious flaw. This bill does not provide received little international attention for a CHURCH, enough international food aid. And if variety of reasons, which in addition to the ETHIOPIAN CATHOLIC emerging reports are correct, I fear we reluctance of the Ethiopian Government to CHURCH, advertise it are the following: Severe ETHIOPIAN EVANGELICAL are about to enter a spring and summer drought conditions. The late start-up of the CHURCH MEKANE YESUS, of agony in some of the poorest parts of Ethiopian government’s national Productive CATHOLIC RELIEF SERVICES, the world. Safety Net Program (PSNP) which is meant LUTHERAN WORLD This situation troubles me a great to provide multi-year support to over 5 mil- FEDERATION. deal. Here we are, the strongest nation lion chronically food insecure people. The Mr. KOHL. This situation is not on Earth, and we are rightfully appro- lack of adequate resources to provide food going to go away. I have grave fears priating funds to maintain that and non-food assistance to 3.1 million acute food insecure people. that images coming out of places such strength. But with enormous strength Drought Conditions: The current reality is as Ethiopia in the coming months may comes a moral obligation to respond that the early belg rains (February/March) reveal a tragedy unfolding before our appropriately to pain and suffering. have failed in many areas, including East very eyes. And what is most troubling This bill fails to respond appropriately. and West Hararghe and Arsi zones of is that this may be a tragedy that we When the supplemental was first con- Oromiya, parts of Southern Nations Nation- could have helped avoid. sidered in this body, Senator DEWINE alities and Peoples (SNNP) and parts of I will soon be sending a letter to the and I and others offered an amendment Tigray. The situation is severe, with many pocket areas showing high levels of global President encouraging him to consider to provide a total of $470 million for acute and severe acute malnutrition in chil- other emergency authorities to address PL–480 food aid. That may sound like a dren under 5. As an example, reports from this dire situation. Specifically, we lot to some, but it totaled merely six- the Disaster Prevention and Preparedness will ask him to utilize the Bill Emer- tenths of 1 percent of the total spend- Commission (DPPC) indicate that large son Humanitarian Trust to address this ing in the bill. numbers of severely malnourished children pain and suffering. I urge all my col- Mr. President, $346 million of our are entering one hospital in East Hararghe leagues to join us in sending this mes- amendment was intended to meet the from three woredas seriously affected by sage to the President. malnutrition. U.S. share of world-wide food emer- There are rising and alarming levels of dis- The PRESIDING OFFICER. The Sen- gency needs as already identified by tress migration in certain areas, water is ator from North Dakota. the U.S. Government. Another $12 mil- particularly scarce in some areas and cereal Mr. DORGAN. Mr. President, I com- lion was slated to restore Food for prices are high. mend my colleague from Wisconsin. I

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.029 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4817 agree with all he has described. I think ious amendment designed to try and want to violate the rules of the Senate this is a really important issue and in- protect some information that exists in order to change the rules of the Sen- creased food aid is critically impor- deep in the bowels about some scandal ate. tant. So I appreciate him being here. with the Internal Revenue Service— Let me give an example of one of the I will speak for a moment about this typical political sludge coming from 10, Janice Rogers Brown. Here is what $82 billion supplemental bill. Most of it the editorial page of the Wall Street she says, and I am quoting her directly: is to restore accounts in the U.S. Army Journal. Then we have the same sludge Senior citizens blithely cannibalize their and other military installations or offered by Mr. Novak in his column, I grandchildren because they have a right to military organizations because that believe it was last Thursday, sug- get as much free stuff as the political system money was not in the budget. We had gesting there is something else going will permit them to extract. asked last year that it be put in the ap- on here. One does not have to be a rocket sci- propriations process so that it could be Well, let me just say this: If we have entist to understand what this means. considered. We know that we are going enough money to have independent This is somebody whose philosophy be- to spend money in Iraq and Afghani- counsels continuing to be paid 6 years lieves that there is something inher- stan, but the administration, year after the subject of their investigation ently wrong with Social Security and after year, does not put any money in pled guilty, and 4 years after they were Medicare. It is the old folks living off for these accounts and then comes pardoned, it is a high-water mark for the rest of the country. back with an emergency request later. bad judgment. It is unbelievable. All it I do not know, maybe it is a person It is a fiction that is being created. describes to me, with respect to Mr. who does not know senior citizens, has We know this is costing money every Novak and the folks who believe we not visited a nursing home, does not single month. I guess the reason to do should keep spending this money, is understand what it is like to work it on an emergency basis is so that no- that even waste has a constituency, in without very much money, without re- body has to pay for it. This is $82 bil- some cases a very aggressive constitu- sources, and wonder what their retire- lion not paid for, just emergency, stack ency. ment is going to be like. it on top of the debt and say to the We really need to save the taxpayers’ Do I want this person sitting on the troops: Go to Iraq, serve your country, money, and this is an unbelievable Federal bench? No. Am I pleased that I do your duty and, by the way, when waste of the taxpayers’ money. participated in saying, no, this person you come back we will have the debt Let me ask how much time I have re- should not sit on the Federal bench? waiting for you, so you have served in maining. One can bet their life I am. Iraq and you can also come back and The PRESIDING OFFICER. Eleven There are groups that are advertising pay for the cost of that. That does not minutes. in our States, and they are saying this make any sense to me. JUDICIAL NOMINATIONS is an attack on people of faith if we do We had a small provision on the issue Mr. DORGAN. Robert Fulghum wrote not support these judges, or it is an at- of government spending when this bill a book entitled simply, ‘‘All I Really tack on a minority. was before the Senate, and I want to Need to Know I Learned in Kinder- Here is a religious organization that talk about it for a moment. It dealt garten.’’ Many have read that book. is running ads in States: with the appointment of an inde- Some of it is, of course, wash your . . . Never before has the political minority pendent counsel in 1995 that was to in- hands, share, be nice to others. One, of hijacked democracy in this way. . . . vestigate the allegation that a Cabinet course, is to tell the truth. That simple This religious organization says, in official lied about payments he had kindergarten lesson is lost in some paid political advertising: made to his mistress. So an inde- cases and particularly in the media . . . Senate Democrats have abused the rules pendent counsel was formed 10 years ... ago. That independent counsel was to wars that go on over significant issues. I brought to the floor today some ad- Another religious organization investigate Mr. Cisneros, a man who I vertisements that are being run across states: may have met in 1993 or 1994 and have the country in support of those who in not seen since. In any event, an inde- . . . Never before in history have judges with this Senate Chamber are prepared to majority support been denied a vote by the pendent counsel was appointed to in- exercise what is called a self-described misuse of the filibuster rule. . . . vestigate whether he lied about payments he had made to a mistress. Ten ‘‘nuclear option’’ by the majority. Well, there are Ten Commandments years ago, that independent counsel What is their nuclear option? Well, and they can be found in the 20th chap- started working and spending money. they are in kind of a snit. They do not ter of Exodus. I suggest to those who In 1999, Mr. Cisneros, the subject of the get all of the judges approved—just throw around this issue of faith, those investigation, pleaded guilty to a mis- over 95 percent of the judges sent to us organizations that call themselves reli- demeanor. In 2001, 2 years later, the by the President. Now, because not gious organizations and want to buy President pardoned him. So 10 years every single judge has been approved political ads and then not tell the ago the independent counsel was by the Senate, the majority party is truth in the ads, that they refer to the formed, 6 years ago the subject of the out of sorts, cranky, upset, and suffi- 20th chapter of Exodus and the ninth investigation pleaded guilty, and 4 ciently so that they and the groups commandment, thou shalt not bear years ago the subject of the investiga- from outside this Chamber have de- false witness. There are Ten Command- tion was pardoned by the President. cided what they ought to do is violate ments, not nine. Do not skip the ninth This independent counsel is still in the rules of the Senate in order to when getting involved in this discus- business and still spending money. In change the rules of the Senate. sion. the last 6 months, the independent Let me just point out what is hap- The least that is owed to the Amer- counsel has spent nearly $1.3 million. I pening as they lead up to this so-called ican people is the truth, and it is sim- offered an amendment, that the Senate nuclear option where they violate the ply not true that the minority in the passed, which says, tell them to finish rules of the Senate. They are creating Senate has abused the rules, or has hi- by June and shut down. In fact, 2 years their own fiction. The President, by jacked democracy. That is simply not ago, the three-judge panel which super- the Constitution, has the right to true. vises this independent counsel told him nominate Federal judges who will sit The facts are that we have supported to wrap it up, and get it done. This for a lifetime on the Federal bench. We 208 of 218 nominees sent to us by this independent counsel has now spent $21 have a separate responsibility to advise President. The facts are that the 60- million over 10 years, and so we offered and consent. The President sends a vote requirement to get cloture in this an amendment that said, shut it down. name down, and we say yes or no. Chamber is a requirement that has ex- The Senate accepted it. It went to This President, George W. Bush, has isted for a long time, and it is a re- conference and it was pulled out. So sent 218 names of people he wants to quirement that is healthy for this the independent counsel still spends serve for a lifetime on the Federal Chamber. It is protective of the minor- money. bench. We have approved 208 of them. ity, whether it be Republican or Demo- The Wall Street Journal wrote an Because they have not gotten approval crat. It is what requires compromise. editorial saying this was some nefar- for all of them, they have decided they Compromise is a good thing.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.030 S10PT1 S4818 CONGRESSIONAL RECORD — SENATE May 10, 2005 There are some in this Chamber who of them are now serving for a lifetime Let me ask by consent to understand think that no one should ever com- on the Federal bench, which I think is that is the progress on our side, under- promise. If one party runs the White extraordinary cooperation. I believe we standing it would be interspersed with House, the Senate and the House, they have the lowest vacancy rate on the Republican speakers. ought to have it their way all the time, Federal bench that we have had for 15 Mr. COCHRAN. Reserving the right and if they do not get it their way, years or more. to object, let me ask the Senator, if I they have a right to be angry and to It is profoundly disappointing to see may, does the total of that amount of change the rules of the Senate even if what is going on around the country time exceed the amount under the they violate the rules to do it. with a massive amount of money going order that your side of the aisle has There is a way to change the rules of to the television and radio stations, been granted, or is it less than that? the Senate. It takes 67 votes. I hope the some by religious organizations, neck Mr. DORGAN. Mr. President, I am 67 votes is not in dispute. deep in politics, saying you know what told this is within the time that has The majority has concocted a scheme the minority party is doing in the Sen- been granted. by which with 51 votes they will ate is hijacking democracy and engag- Mr. COCHRAN. I have no objection. change or attempt to change the rules ing in mischief, abusing the rules and The PRESIDING OFFICER. Without so on and so forth. I again say to them of the Senate with something they mis- objection, it is so ordered. that is, in my judgment, bearing false label as the nuclear option. The Senator from Tennessee. This is something that disserves the witness. They ought to know it. interests of the Senate and the Amer- Let’s have a real debate—a thought- Mr. ALEXANDER. Mr. President, I ican people. We have very serious prob- ful debate, not a thoughtless debate— am here to talk about the supple- lems with health care costs. We have about how we proceed to address the mental appropriations bill. While the problems with the cost of prescription major issues affecting America. Yes, Senator from North Dakota is here—he drugs. We have jobs moving overseas in the major issues: health care, trade, is one of the best speakers in the Sen- unlimited quantity. We have trade jobs, energy—the sort of things that ate. He can take a story, tell it, and be deficits, the largest in the history of determine what kind of life our kids clear about what he is saying. He has this country. We have serious energy and grandkids are going to have, what spoken eloquently about the need for a problems, and guess what, we have a kind of opportunity they are going to compromise. I will suggest one to him. majority that has their nose bent out have. I suggested it 2 years ago when I came of shape because there are 10 judges out When they sit around the supper to the Senate and heard the debate of 218 who somehow did not make it, table at night as a family, what are the about Judge Estrada. I said at that and that is an affront to a majority things people talk about? They talk time that, even if a Democratic Presi- that insists that they have it their way about, Do I have a good job? Does it dent were elected, that I would never all the time. I didn’t take Latin be- pay well? Does it have benefits? Can I vote to filibuster his nomination. In cause I was in a high school senior care for my family with this income? other words, I would always vote to class of nine, but I think the term Do Grandpa and Grandma have access give a President of the United States a ‘‘totus porcus’’ might just best describe to decent health care? Do we live in a fair up-or-down vote on the floor of the what the majority party believes it is safe neighborhood? Do we breathe air Senate on his or her nominee. due on these issues. They want it all— that is quality air and drink healthy I have repeated my pledge to do that the whole hog—right now. If they do water that is not going to injure our on this floor several different times, not get it, they are prepared to go to health? These are the kinds of things and, I would say to my friend from the ultimate length that they describe that are important to people. Do we North Dakota, if he would get 8 or 10 as the nuclear option. send our kids to schools we are proud Democrats to make the same pledge, My hope is that in the coming days, of? Yet, are we debating that on the there would not be any filibuster. heads will clear, and they will rethink floor of the Senate? No. No, regrettably There would be no need for a rules this approach. Both parties will be in not. That is not the central set of change. We could talk about gas prices, the minority at some point. Both par- issues we are debating. we could talk about schools, and we We are now debating this so-called ties have been and will be in the future could talk about the war in Iraq. So nuclear option. Why? Because out of at some point. I believe any majority that spirit of compromise is there. 218 names sent to us by the President party, whether it be a Democratic I was not here during whatever went asking for a lifetime appointment to Party or a Republican Party, that de- on before, and, whatever it was, I wish the Federal courts, we have approved cides to break the rules to change the it had not gone on. What I can remem- only 208. We have approved only over 95 rules will rue the day that happens. ber, going back to 1967, which is when percent, and that is a problem for the I came here because I want to work I came to this body as a legislative aide majority. in a constructive way on public policy. even before the President pro tempore A majority will not long remain a I hope we can continue to do that. But was a Senator, is that all during that majority if it does not understand the time this tactic was not used to deny a I read the Constitution again and again requirement that all of us have to work and understand what it says. It says President an up-or-down vote on his ju- together: to compromise, to tell the dicial nominees. The only possible ar- this Government of ours works when truth, and to do what is best for this we work together. The 60-vote majority gument during that time was the case country. of Abe Fortas in 1968, and that was a in the Senate I know is nettlesome. I Mr. President, let me ask how much little different. know it gets under people’s skin. But it time I have remaining. is what has always distinguished this The PRESIDING OFFICER. Three But put all that to the side, the ‘‘who Senate from other bodies. It is what re- seconds. shot John’’ or ‘‘who didn’t shoot quires compromise. It says to a Presi- Mr. DORGAN. Mr. President, let me John.’’ If several on that side and sev- dent—any President, Republican or go much longer. I am sorry, for 3 sec- eral on this side would simply say, as a Democratic President—when you send onds let me thank my colleagues. way of avoiding this train wreck, that a name down here for a lifetime ap- This is the time to be controlled on we would pledge right now, during our pointment to the bench, it ought to be our side by consent, if I might read it time here, always to vote to give a a name that reflects some semblance of into the record? My guess is it will go President an up-or-down vote on his or compromise; and we have approved 208 back and forth: Senator BYRD, 20 min- her judicial nominees, then there of them. One of them I regret we ap- utes; Senator REID, 15 minutes; Sen- would be no need for a rules change, proved. I voted against that one, by the ator SALAZAR, 15 minutes; Senator and we could go on to our other busi- way, a candidate for a lifetime appoint- CORZINE, 10 minutes; Senator OBAMA, 10 ness. ment on the court who has written minutes, Senator LIEBERMAN, 10 min- Mr. DORGAN. Will the Senator that he believes women are subservient utes; Senator LEAHY, 15 minutes; Sen- yield? to men. I do not think that person be- ator DURBIN, 1 hour, 10 minutes of that Mr. ALEXANDER. I will be happy to. longs on the bench, but the person to go to Senator MURRAY; and Senator Mr. DORGAN. Let me just observe, made it through here. The fact is, 208 FEINGOLD, 10 minutes. because the Senator mentioned me, my

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.031 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4819 point of supporting the 60-vote thresh- are for driving. If we need an ID card, That is what we have done. We have old is that is what requires com- we should have an ID card. The legisla- just assumed that every single State promise. The very presence of the fili- ture overruled me. I actually had to will want to ante up, turn its driver’s buster is what requires compromise. get one of those cards myself in order licenses examiners into CIA agents, Otherwise you do not have any incen- to get into the White House, so I lost and pay hundreds of millions of dollars tive to compromise, be it the executive that battle. So I am very reluctant for to do an almost impossible task over branch relative to the legislative this country to have a national ID the next 3 years. branch. That was not my point. It card. But I reluctantly concluded that, We did that without any recognition wasn’t that we should find a way to after 9/11, we have to have one and that in this legislation that we are not the allow the nuclear option to exist with- we ought to be thinking about what State government, we are the Federal out changing the rules of the Senate. would be the best kind of ID card. Government, and, if we want a national Mr. ALEXANDER. Mr. President, I I believe the right way to consider ID card, we should be creating a Fed- appreciate my friend’s point. May I that is when we are dealing with com- eral ID card. If we want the States to make my remarks now? prehensive legislation on immigration, create one, we should talk to them The PRESIDING OFFICER. The Sen- which I hope we do this year, and tack- about it, and then we should pay for it. ator is recognized. le that problem and the best way to do So in the end, the States will pay the Mr. ALEXANDER. Mr. President, the it. Is the best way to do it to turn the costs. In the end, the States will listen supplemental appropriations bill is driver’s licenses examiners in all the to the complaints from citizens who going to come up. We are going to vote States of the country issuing 190 mil- are going to be standing in long lines on it. I commend the chairman of the lion driver’s licenses into CIA agents? I while they search for four kinds of committee for accomplishing what is a don’t know what it is like in Ohio or identification; the driver’s license ex- difficult job—getting a body that oper- other States, but in Tennessee the aminer tries to connect with thousands ates by unanimous consent to agree on driver’s licenses examiners by and of databases, which they have no ca- something and moving it through. large are there for the purpose of fig- pacity to do today. The States will The purpose of the bill is to support uring out whether you can parallel take the blame when somebody uses a the men and women who are fighting in park and to take your picture. They driver’s license inappropriately. Iraq and Afghanistan. I was there are not trained to tell whether you are The REAL ID Act has been struc- about a month ago. There are so many an al-Qaida terrorist. They are not tured in such a way that it is not tech- Tennesseans in Kuwait and Afghani- trained in order to review four dif- nically an unfunded mandate, but any- stan and Iraq that it seemed like a ferent documents and then look at body listening to this debate knows it Tennessee homecoming. There are lit- 10,000, maybe 20,000 different databases violates the spirit of our promises in erally thousands there—the post- around the country. 1994 and 1995 not to do this anymore. masters of Winfield and Rob Camp. The I wonder whether it is even the right So I intend to offer an amendment at the appropriate time that will have President of the Rotary Club in Lex- approach, in terms of having a national two main points, but the overall point ington, a physician, just came home. ID card, to rely on driver’s licenses. is to have the Federal Government pay The editor of the newspaper in Maybe we should be relying on pass- for the cost of this new requirement Dyersburg, two deputy sheriffs from ports. That has been an efficient system in this country. Or maybe even that the States have no choice but to my home county, the superintendent of better, and I suspect this would be bet- accept. It will allow States to submit schools from Athens—these are people ter, we should turn the Social Security documentation to the Department of in the Reserves or in the National card—which is directly related to Homeland Security of what the costs Guard with mortgages and families and work, which is the subject of the dis- are, and it will establish a process to jobs, with money and insurance issues cussion and most of the concern about pay the annual increase in those costs. at home. They are fighting for us. immigration—into a more definite I wish we had done this in a different Some are dying, and they are risking kind of identification. way. I think we should have honestly their lives every day. Of course I want But no; instead, without one single faced the fact that we now need some to vote to spend every penny we need hearing in the Senate about a national sort of national identification card. I to spend to support them and to keep ID card—which we might not, under say that reluctantly because, as I said, them safe. our Constitution, even be able to re- I vetoed even a State card. But times Once we set forward on a mission, on quire to be presented to a law enforce- have changed. But to do this without a a military mission, we should have the ment officer—we just pass one, and hearing and without our tradition of stomach to see it all the way through then we send the bill to the States. respect for civil liberties and our re- to the end in a success strategy, not an Here we are, a Republican Congress spect for federalism, I think is wrong. exit strategy, and to support the Amer- who got elected in 1994 promising to Mr. President, if I may take 2 more ican men and women whom we ask to end unfunded mandates—and the Sen- minutes, I would like to express my go. ator in the chair was one of the leaders disappointment with one other provi- That does not stop me from objecting in doing that—and what do we do, we sion. This conference report says we do and expressing my disappointment to come up with this big idea, pass it, not trust President Bush in dealing two provisions in the bill. One is the hold a press conference, and send the with the Palestinian Territory. Here so-called REAL ID Act. Actually, un- bill to the Governors. We do that time we are, a Republican Congress, at least like a lot of legislation we pass here, after time after time, and we should by a majority, with a Republican Presi- this is well named. This really is a na- not be doing that. That is not the way dent who is leading a lot of the world tional identification card for the our system works. to freedom, who is just returning from United States of America for the first It is possible that some Governor a triumphant visit to Georgia—a great time in our history. We have never may look at this and say: Wait a beacon—who has taken the courageous done this before, and we should not be minute, who are these people in Wash- step of trying to help solve the Middle doing it without a full debate. This ington telling us what to do with our East problems, and we are saying: Mr. REAL ID provision turns 190 million driver’s licenses and making us pay for President, we are going to appropriate driver’s licenses, which are now inef- them, too? We will just use our own li- money to help with the emerging de- fective ID cards, into more effective censes for certifying drivers, and Con- mocracy in the Palestinian Territory, national identification cards. To add gress can create its own ID card for but we do not trust you to spend the insult to injury, we have also slapped people who want to fly and do other money. State governments with the bill for Federal things. And if Congress doesn’t That is what this provision does. The them. do that, then we will give out the home Senate did not vote that way. The Sen- I strongly object to this. When I was telephone numbers of all the Congress- ate voted another way. The Senate Governor of Tennessee, I vetoed our men and let the people—of California, voted to give the President the right to State ID card twice because I thought say—call everybody up here and say, waive the authority, giving the Presi- it was an infringement on civil lib- ‘‘why did you keep me off the airplane dent the right to decide, in effect, who erties. I thought that driver’s licenses when I needed to get somewhere?’’ got the money.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.033 S10PT1 S4820 CONGRESSIONAL RECORD — SENATE May 10, 2005 The reason I think the provision and let live, on both sides of the aisle. Many of the President’s requests for makes so little sense is because we are And that was the same with regard to expanded flexibilities were substan- going to turn around and say in a few the Senate processing of this supple- tially reduced in the Senate bill and weeks, as the Israelis pull out of the mental. Everybody did not get every- sustained in conference. Gaza Strip, Who is responsible for secu- thing he or she wanted in this supple- The President’s request for $5 billion rity there? We are going to expect the mental, but Members were treated fair- transfer authority for Defense Depart- Palestinian Authority to be responsible ly in a bipartisan manner. ment funds contained in the supple- for security there. Who is responsible However, when it came to processing mental bill was reduced to $3 billion. for feeding some of the poorest people the supplemental in conference, several In combination, under the conference in the world? We are going to expect members were severely disappointed report, the Secretary of Defense has the Palestinian Authority to be respon- that the conference was recessed sub- transfer authority in fiscal year 2005 of sible for that. ject to the call of the Chair. As a re- $10.7 billion, down from a total of $14.7 If we are going to hold the Pales- sult, several Senators were precluded billion requested. tinian Authority responsible, the from offering their motions and their The President’s request for authority President might want to give them the amendments. to spend contributions to the Defense money. Arafat is dead. There is a new A number of Members on this side of Cooperation Account in fiscal year finance minister there who has im- the aisle have expressed disappoint- 2005, without subsequent approval by pressed all of us on a bipartisan basis. ment that the conference did not have the Congress, was rejected as it should He was born in Palestine, lived here, any open debate on the immigration have been. and got his degree at the University of provisions, including the REAL ID leg- The President’s request for a $200 Texas. He is doing things in a way that islation, that found their way into the million slush fund, entitled the Global is open. He has earned the confidence bill, and that neither the majority nor War on Terrorism, GWOT, Fund, under of people all over the Middle East. He the minority of the Senate Appropria- the control of Secretary of State is taking control of the money. And if tions Committee participated in the Condoleezza Rice, was rejected as it he stopped doing that, the President formulation of the REAL ID immigra- should have been. could stop giving him the money. tion provisions. The President’s request for a $200 But why in the world would the Con- These REAL ID provisions were for- million ‘‘Solidarity Fund’’ for the Sec- gress show such a lack of respect to the mulated behind closed doors by the retary of State, under Peacekeeping President of the United States, in the House and Senate Republican leader- Operations, to reimburse coalition middle of a peace process, by saying: ship. After the conference had recessed partners—such as, Poland, Ukraine, ‘‘No, Mr. President, we do not trust subject to the call of the Chair, a 55- Lithuania, Hungary, and Bulgaria—for page modified version of the REAL ID you to make a decision about what to defense costs, was approved at a level authorizing legislation was laid into do with the money that we appropriate of $230 million, of which $30 million can the conference report. be used for GWOT-type activities. How- for the Palestinian Authority or to It was simply grafted onto the emer- help the Palestinian Territory emerge ever, the act requires consultation and gency supplemental appropriations bill notification of the Congress prior to as a democracy’’? that provides funding for our military So I am very disappointed by that as using the money. operations and our troops, without de- The conference report includes lan- well. And there is other money that bate or participation by the conferees. has been authorized this year that does guage that I authored prohibiting exec- I do not fault the chairman of the Ap- utive branch agencies from creating give the President that authority. I propriations Committee. This was not prepackaged news stories unless the hope in future conferences and in fu- his doing. This was done by the House agency clearly identifies that the story ture debates and discussions we recog- and Senate Republican leadership. nize that Arafat is dead, there is hope- The bill totals approximately $82 bil- was created and funded by an executive fully a democracy emerging, and there lion, which comes in at about $1 mil- agency. It troubles me greatly that is a finance minister there who is mak- lion below the request. Virtually the there has been a proliferation of execu- ing public accounting of all the money. entire bill is designated as an emer- tive branch agencies creating so-called He is direct depositing money for the gency, thus increasing the deficit. news stories and then distributing troops. He is publicly advertising it Department of Defense totals $75.9 them without identifying the story as through bids. He has impressed his billion, $0.9 billion above the request. having been produced with the tax- neighbors, and he has impressed all of International assistance totals $4.1 payer’s money. We trust the media to us who have visited with him on a bi- billion, which is $1.5 billion below the provide us with independent sources of partisan basis. I hope we keep that in request, but it grew in conference to information, not biased news stories mind as we consider this issue. levels $866 million more than the House produced by executive branch agencies, Thank you, Mr. President, for the and $42 million more than the Senate. at whose expense, taxpayer expense. time. Border security funding totals $450 On February 17, 2005, the Government The PRESIDING OFFICER (Mr. million of new emergency spending. Accountability Office issued a legal COLEMAN). The Senator from West Vir- This compares to my conference mo- opinion to the executive agencies stat- ginia. tion to include $665 million for border ing that such prepackaged news stories Mr. BYRD. Mr. President, how much security. In order to increase the size violated the law. Regrettably, on time do I have? of the border security effort, staff iden- March 11, 2005, the Office of Manage- The PRESIDING OFFICER. Twenty tified $100 million of low priority ment and Budget issued a memo- minutes. homeland security funds to use as off- randum to agency heads specifically Mr. BYRD. Twenty minutes. Mr. sets, bringing the total package to $550 contradicting the opinion of the Gov- President, I yield myself such time as I million. ernment Accountability Office. may consume within that 20-minute Despite having taken credit for im- This conference report ‘‘confirms the limitation. proving security on our borders when opinion of the Government Account- I again thank Chairman THAD COCH- he signed the Intelligence Reform Act ability Office dated February 17, 2005.’’ RAN for his patience in the processing in December, the President requested I am pleased that the conferees and of this supplemental appropriations no actual funding for border security. now the Congress have agreed to this bill when it came before the Senate. He My initiative, with the support of clear message that taxpayer dollars was especially patient during the Sen- Homeland Security Subcommittee should not be used to create pre- ate consideration in seeing that all Chairman JUDD GREGG and Senator packaged news stories unless the story who wanted to offer amendments were LARRY CRAIG, will result in 500 more includes a clear message that the story afforded the opportunity to be heard. Border Patrol agents, 218 new immigra- was created by a Federal agency and The members of the Appropriations tion investigators and detention offi- paid for by taxpayer dollars. Committee have had a longstanding cers, 1,950 more detention beds, 170 sup- I was also pleased that the conferees sense of cooperation, comity, and civil- port personnel, and funds for training agreed to my sense of the Senate lan- ity. There is always give and take, live and housing the new personnel. guage on budgeting for the war in Iraq.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.039 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4821 The conference report says that the them. I support them. We must support brought a bill back in the initial stages President should submit a budget our troops, our men and women. They of this process that was below the re- amendment for fiscal year 2006 by Sep- didn’t ask to go there. They are doing quest made by the President and that tember 1, 2005, and should include funds their duty. They are answering the was below the request provided in the in his fiscal year 2007 budget for the call. I do not support the policies that House-passed bill. war when it is transmitted in Feb- sent them there. I did not support it in Our Senate Appropriations Com- ruary. the beginning. I did not vote to author- mittee reported legislation providing Congress has now appropriated over ize this President or any other Presi- funding that was lower than either one $210 billion. That is $210 for every dent to use the military of this country of those documents. In conference with minute since Jesus Christ was born. as he might see fit. I did not cast my the House, we did resolve differences. Think of that. Congress has now appro- vote there. I never, at any time, be- There was give and take. Both sides priated over $210 billion in four dif- lieved that Saddam Hussein, for whom had their opportunity to speak. We met ferent emergency supplementals for I did not carry any brief—or the coun- on two separate occasions with our the war in Iraq. That is a lot of money, try of Iraq posed a national security Senate conferees, joining representa- and it is your money, $210 billion. It is threat to our country. I said so then, I tives from the House in a wide range of your money, Mr. and Mrs. Taxpayer, say it now, and I believe that. So I did discussion. Nobody was cut off when your money. Two hundred ten billion not vote for the policies that sent them they wanted to discuss the issues or dollars for the war in Iraq, and there is there and keep them there. There is no offer alternatives to provisions of the no end in sight. end in sight. It bleeds our country of House-passed bill. The REAL ID provi- We should not continue to fund the money and blood. No, I don’t support sion that has come up, which some war through ad hoc emergency supple- that policy, and I didn’t support it have complained about, was not a prod- mental bills that are funneled through when the President sent our men and uct of the Senate’s action. It was put the Congress quickly when our troops women there. But I do support the into the bill on the House side, but it are running out of funding. troops. I support them and will always was in conference. Because that legis- The conference report also includes support the troops of our country—may lation contained immigration issues my proposed 3-month extension of the God bless them. and the identification issue, there were Abandoned Mines Land Program. Last Nevertheless, the conference report, those in the Senate who offered ger- fall, I offered, and the Congress ap- as I say, does provide the necessary mane amendments on the broad, gen- proved, a 9-month extension of the pro- funds for our troops in the field in Iraq, eral subject of immigration policy, gram in order to give the authorizing Afghanistan, and elsewhere. I sup- guest worker provisions, quotas, work- committees time to act. Unfortu- ported the war in Afghanistan because ers who could come from foreign coun- nately, since last fall, the authorizers there was al-Qaida. Al-Qaida attacked tries into the United States. The Sen- have held no hearings and considered us. Al-Qaida invaded our country when ate will remember that we have de- no bills on the matter. So once again I it toppled the Twin Towers, and struck bated several amendments on those urge the authorizing committees to ap- the Pentagon, and drove a plane into subjects. We approved some and we re- prove this legislation that is important the ground in Pennsylvania. I sup- jected some. to West Virginia and important to all ported that war. But there are two In conference with the House, a ma- other coal-producing States. wars, the one in Afghanistan and the jority of the conferees of the Senate Finally, I thank the staff on both second war in Iraq—a country which worked with a majority of the con- sides of the aisle. On the majority side, did not invade our country, a country ferees in the House to get a com- I thank Keith Kennedy, Clayton Heil, which did not strike our country, and a promise conference report. That has Les Spivey, Sid Ashworth, Paul Grove, country which posed no security threat been brought back to the House now Rebecca Davies, and all of the others. to our country. and passed by a substantially over- On my own side, the minority side, I But that is neither here nor there whelming margin, 368 to 40-something, thank that man from Notre Dame, our when it comes to our troops. That is as I recall. minority staff director, Terry Sauvain. something else. We will support our The Senate is prepared to wind up de- I thank his very able deputy, Charles troops. I thank the Chairman for his bate in a matter of an hour or two, ‘‘Chuck’’ Kieffer. These are two the excellent work, for his cooperation and under the order that has been entered. likes of which you will never see again. fine leadership in our Committee, and I hope the Senate will give support to I also thank Charlie Houy, Tim Rieser, for his support of the troops likewise. I this conference report and overwhelm- B.G. Wright, Chad Schulken, and all of urge the adoption of the conference re- ingly approve it. It reflects strict dis- the others on the minority side who port. cipline in the appropriations process, worked the long hours—I mean long I yield the floor. but at the same time it provides the hours—to assist Senators in the pro- The PRESIDING OFFICER. The Sen- funds needed for those who are engaged duction of the final conference report. ator from Mississippi is recognized. in the important operations in Iraq and Mr. President, there were some prob- Mr. COCHRAN. Mr. President, as Afghanistan to safeguard the security lems in conference, most notably the Senators know, there is time for debate of our country and to promote democ- recessing at the call of the Chair and of the conference report, for Senators racy and help ensure a safer world. I not returning, which left some of our to come over and speak, if they so am hopeful the Senate will approve the members unable to offer motions. Dur- choose, about the provisions of this bill conference report. ing the recess, 55 pages of modified and the effort we have made to meet I am prepared to yield the floor. See- REAL ID immigration legislation were the challenge the President has laid being no Senator seeking recognition, I inserted into the conference report, fore us, and that is to produce a bill suggest the absence of a quorum. sight unseen, by the conferees. Now, that provides funding for support for The PRESIDING OFFICER. The can you imagine that? That would not our troops and other officials from the clerk will call the roll. have happened when I was chairman of State Department and other agencies The assistant legislative clerk pro- the Appropriations Committee. That who are engaged in operations in Iraq ceeded to call the roll. would not have happened when I was and Afghanistan and in the global war Mr. COCHRAN. Mr. President, I ask majority leader of the Senate. I will on terror. The majority of the money unanimous consent that the order for tell you, I don’t blame our chairman or provided in this legislation is for those the quorum call be rescinded. any committee members for this situa- purposes. The PRESIDING OFFICER. Without tion, but I do acknowledge that there I am pleased the committee was able objection, it is so ordered. were problems. to restrain the temptation that always Mr. COCHRAN. Mr. President, I was Nevertheless, the conference report exists to add money that was over and curious when I put in the suggestion provides the necessary funds for our above the request made by the Presi- that a quorum be present as to how troops in the field in Iraq, Afghanistan, dent. The fact of the matter is that time would be charged under the time and elsewhere. I will always support this committee showed discipline and that is being used now under the money for our troops, may God bless commitment to fiscal restraint. We quorum call.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.012 S10PT1 S4822 CONGRESSIONAL RECORD — SENATE May 10, 2005 The PRESIDING OFFICER. The from a car bomb in Baghdad. Marla’s the remainder of my time and yield the quorum call is charged to the Senator colleague and friend, Faiz Ali Salem, floor to him. who suggests the absence of a quorum. also died in that attack, both were on The PRESIDING OFFICER. The Sen- Mr. COCHRAN. Mr. President, since a mission of mercy. ator from Connecticut. there are no Senators on either side I first met Marla 3 years ago. She Mr. LIEBERMAN. Mr. President, I present, I ask unanimous consent that worked closely with me and my staff, rise to support the supplemental appro- the time be charged equally between especially Tim Rieser of my Appropria- priations bill. I do so because it sup- both sides. tions Committee staff, from the day ports the men and women of the Amer- The PRESIDING OFFICER. Without after she arrived in Washington in 2002 ican military, in my opinion the great- objection, it is so ordered. until the day she died. In fact, Tim re- est fighting force in the history of the Mr. COCHRAN. I suggest the absence ceived e-mails and photographs of her world. I say that, really having of a quorum. holding a child she had helped that thought about it. It supports them in The PRESIDING OFFICER. The came in just hours before she was their efforts to advance the cause of clerk will call the roll. killed. freedom and to protect the security of The legislative clerk proceeded to She was an extraordinarily coura- every American by what they are doing call the roll. geous, determined young woman. She to fight terrorism and terrorists in Iraq Mr. LEAHY. Mr. President, I ask brought hope and cheer to everyone she and Afghanistan. unanimous consent that the order for met, from our military to people who I do want to note, however, my the quorum call be rescinded. were suffering from the ravages of the strong objections to House provisions The PRESIDING OFFICER. Without war. But she did it especially for the known as the REAL ID Act that have objection, it is so ordered. families of Afghan and Iraqi civilians been included in the conference report. Mr. LEAHY. Mr. President, I believe who were killed or wounded as a result The REAL ID Act will repeal ID secu- under the order the Senator from of the military operations. She felt rity provisions enacted with over- Vermont has some time reserved. passionately that part of being an whelming bipartisan support last year The PRESIDING OFFICER. Yes, 15 American is to acknowledge those who at the urging of the 9/11 Commission minutes. have suffered and help their families and place them with rigid and unwork- Mr. LEAHY. I thank the Chair. I will piece their lives back together. able Federal mandates on State gov- use part of it. Who would not agree with that? By ernment for the issuance of driver’s li- I am voting for the supplemental, but showing them a compassionate face of censes, long exclusively a matter of I have grave misgivings about the America, she not only gave them hope, State law. President’s policy in Iraq, the enor- she helped overcome some of the anger The conference report from the mous strain it is putting on our Armed and resentment many felt toward our House also includes punitive immigra- Forces, the horrific toll of the insur- great country. tion provisions we rejected last year gency on innocent Iraqis, but espe- Over 90 percent of the casualties of and that have no place on an emer- cially the lack of a credible exit strat- World War I were soldiers. That gency spending bill. In my opinion, our egy. changed in World War II. And since Nation is safer if we continue to imple- We tried to get legislative language then, it is overwhelmingly civilians ment the protections we passed last considered that would link the training who suffer the casualties. December rather than allow an ideolog- and equipping of Iraqi security forces Rosters are kept of the fallen sol- ical debate over immigration policy to to the phased withdrawal of our troops. diers, as they should be, but no official derail those initiatives so vital to the That made sense. As we train them and record is kept or made public of the ci- war against terrorism. they are able to take over responsi- vilians who died. That is wrong. It de- Notwithstanding my strong objec- bility for security, we should withdraw nies those victims the dignity of being tions to the REAL ID components of our troops. The White House would not counted, the respect of being honored, the conference report, I strongly sup- even consider this. I suspect had the and it also prevents their families from port the report and I do so based par- White House asked our troops in the receiving the help they need. ticularly on a visit I was able to make field or the American people, they In her young life, Marla forced us to last week to Iraq, the third I have been would say that is what they want. It is face the consequences of our actions in privileged to make in the last 10 also what most Iraqis want. ways that few others have. Even more months. I am back feeling we are at a I am voting for the supplemental be- importantly, she made us do something tipping point and it is moving in the cause I am concerned about our troops, about it. She brought both parties in right direction in Iraq. It requires the many who were sent to fight and some this Chamber together to help. What sustained, strong, and visible American of whom have died—as we understand she did in Afghanistan and Iraq by the support that is expressed in this sup- from the press, even though we could time she was 28, the end of her short plemental appropriations. not get this from the administration— life, was an achievement of a lifetime, There is no doubt that the recent without the proper armor. I opposed far more than most people do in a spate of suicide bombings has riveted their deployment to Iraq, and I want to much longer life. the media’s attention and as a result see them return home as quickly as This Saturday, from 2 to 4 in the the attention of the American people, possible, but in the meantime, I want afternoon, I am going to host a gath- but I assure my colleagues those sui- them to have the best protection and ering in the Senate caucus room in the cide bombings and those suicide bomb- equipment. They were sent into harm’s Russell Building so that anyone who is ers are a small, though devastating, way by the order of the Commander in interested can learn more about part of life in Iraq today. They have Chief, and they should be protected as Marla’s work and the U.S. Government got to be understood in context. well as they can be. programs she inspired. I hope we can I come back from Iraq seeing it this There are other reasons I am voting discuss ways for all of us to continue way: There are more than 25 million for the supplemental, but I want to the campaign on behalf of innocent vic- people in Iraq. Eight million of them mention one in particular. There is a tims of conflict. came out in the face of terrorist provision which I sponsored and Sen- I thank my colleagues on both sides threats to vote for self-governance on ators BOXER and FEINSTEIN of Cali- of the aisle for supporting naming this January 30 of this year. They have fornia cosponsored which designates program after her. I want the work she stood up a government which is im- the program to assist innocent Iraqi started to continue. I doubt that we pressive and inclusive. Their military victims of the military operations as will see another person quite so re- is gaining strength and self-sufficiency the Marla Ruzicka Iraqi War Victims markable as Marla, but I have to think every day. There are 25 million on one Fund. there are a lot of other Americans who side wanting to live a better, freer life. This program, and one like it in Af- would want help if we give them the On the other side are the insurgents, ghanistan, was inspired by Marla support they need. the terrorists, the enemy, variously es- Ruzicka of Lakeport, CA. She died on I see the distinguished Senator from timated at 10,000 to 12,000, some would April 16, 2005, at the age of only 28, Connecticut in the Chamber. I reserve say less.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.042 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4823 For as long as I can remember as a nor the Kurds who suffered terribly be addressed in the regular budget remember of the Senate Armed Services under Saddam—and one might under- quest so that they can actually be paid Committee in briefings we have re- stand the human instinct for revenge— for, not placed on the tab of the Amer- ceived and on previous trips to Iraq have yielded to it. They have reached ican people so that debt can pile up. when I have asked who are these insur- out to the Sunnis. We have not seen it But the fact remains that our troops on gents, every other time I have been in the papers and on the TV, but they the ground need timely support, and I told most of them are former regime are reaching out to bring them into the will cast my vote to see that they get elements, leftovers from Saddam Hus- Government to try to create a leader- it, and the victims of the horrifying sein who want to go back into power ship by consensus that will assure a 2004 tsunami in South and Southeast and stop this new government, particu- better future for the Iraqi people. Asia are provided with some meaning- larly a government which represents I want to say a final word about the ful relief and assistance. the majority of people in Iraq, Shi’a American military. As I said at the I am pleased that the conferees re- Muslims, to take power. outset, it is the finest in the world. It tained my amendment to make it easi- Then I was always told a minority is deserves our support. The election, the er for the families of injured terrorists who are people associated negotiations with the Sunnis, the in- servicemembers to travel to the with Zarqawi and al-Qaida. This time creasing capability of the Iraqi mili- bedsides of their loved ones. I am dis- it began to turn around and that is a tary, all bring Iraq to a tipping point appointed that a sunset provision was very significant development. in the right direction. It is historic. added to this common-sense measure, I was informed that the number of The American military understands and I will continue fighting to ensure former regime elements, the number of what is going on. I had the privilege, that the benefits to military families Iraqi Sunni Muslims involved in the in- over the last 16 years, to visit many of provided by my amendment become surgency, is dropping. In fact, some of our men and women in uniform around permanent. them have begun to reach out to come the world. I have never seen our mili- My vote in support of this conference over to the other side because they see tary more proud of what they are report also comes with serious reserva- the future tipping in another direction. doing, with morale higher, more skill- tions because it contains the extremely However, there is an increase in the ful, better equipped to carry out the troublesome immigration and driver’s movement into Iraq of foreign terror- mission than they are carrying out. license provisions of the REAL ID Act, ists. Sometimes they are people re- This bill helps them to do what we which the House passed as an amend- cruited over the Internet, recruited at have asked them to do. ment to this bill. religious sites, coming into Iraq usu- I want to say, finally, that we have I strongly support efforts to curb ille- ally from Syria for as short as a day to exploit this moment, this tipping gal immigration and to prevent terror- before they are strapped with bombs, point, and act aggressively with the ists from entering our country to do sent in a vehicle aimed at a crowd of Iraqi government to bring over more of harm. But as we work to secure our Iraqis in a marketplace, sent to be in a the insurgents, thus isolating the for- borders and protect our Nation from line of Iraqis ready to enlist in the eign fighters, the terrorists, the al- future terrorist attacks, we must also Iraqi military or in the police force, Qaida/Zarqawi network people, and respect the need for refugees, foreign who then blow themselves up. making it harder for them to move workers, family members, students, What I am saying is there is a his- freely and resupply themselves. businesspeople, visitors, and others toric transformation going on in Iraq This has really now become quite ex- who wish to come to our Nation le- that already has and, if it can continue plicitly a war against the terrorist gally. to go with our support, will resonate movement that struck us on Sep- The REAL ID Act is a big step in the throughout the Arab world. I know tember 11, 2001. That, to me, means wrong direction. The new restrictions that as the American people every moving aggressively to close the border on immigration in the REAL ID Act night see only the suicide bombings, with Syria to stop the flow of terror- are not necessary to protect national they begin to lose hope about what is ists, and further help bring stability to security. Rather, they will only serve happening in Iraq. I appeal to the Iraq. Operation Matador, now in its to create serious and unjustified hard- American people to understand that third day in Iraq near the Syrian bor- ships for people fleeing persecution and those bombings, as devastating as they der, is the kind of sustained military for other non-citizens. are, are the result of the fanatical effort we need. Our pride, our prayers, Not only that, but the Senate has work of a minority of people, the same our gratitude go out to the Marines had no opportunity to consider the people who attacked us on September and others in the American military REAL ID Act. It is astounding that 11, 2001—same attitude, same mindset, who have advanced Operation Matador Congress would enact these significant same hatred. If we diminish our sup- with such remarkable success. immigration changes without the port for our presence in Iraq today for Our engagement in Iraq is crucial. It United States Senate ever having held the Iraqis who want so desperately to is in the best bipartisan traditions of a hearing on them, without the Judici- find a better life and govern them- American foreign policy that run from ary Committee ever having considered selves, we will have lost a moment of Woodrow Wilson to George W. Bush, them, and without Senators ever hav- historic opportunity and we will ulti- with a lot of good Democratic and Re- ing taken a vote specifically on those mately pay the price for it ourselves. publican Presidents in between. This reforms or having had an opportunity I had the opportunity to meet with supplemental supports that policy. It to offer amendments. Obviously these the new leadership of Iraq, the new advances the cause of freedom. It pro- issues are too important to address President of Iraq, Jalal Talabani, a tects American security. It supports them in such a truncated way. Con- Kurdish leader for decades, who many the American men and women who are gressional leaders have no business of us have met and come to know, a performing so valiantly and construc- tacking these very significant and con- good man, a strong man. I sat with him tively. I urge its adoption. I yield the troversial changes to immigration law and realized this is the duly elected floor. onto an unrelated, must-pass appro- successor to the brutal, murdering dic- The PRESIDING OFFICER. The Sen- priations bill. Clearly, this process was tator Saddam Hussein. It is a miracle, ator from Wisconsin. used because these changes could not something that neither he nor I, nor Mr. FEINGOLD. Mr. President, today pass the Senate on their own merit. most of us, and particularly the Iraqi I will cast my vote in support of the They had to be added to legislation people, could have imagined just a few conference report on the 2005 supple- that contains vital funding for our years ago. President Talabani deserves mental appropriations bill for Iraq, Af- troops in Iraq. our support. ghanistan, and tsunami relief. I do so What has happened to the legislative I met with the new Prime Minister, despite my strong objections to the ad- process? I know that some in the other Ibrahim al-Jaafari. I never met him be- ministration’s policy of continuing to body, and some in the Senate as well, fore. He is a good man. I found him to fund our military operations in Iraq have very strong feelings about these be thoughtful, strong, clear, very reli- and Afghanistan through emergency immigration provisions. But strong gious, very inclusive. Neither the Shi’a supplemental bills. These needs should feelings do not justify abusing the

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.043 S10PT1 S4824 CONGRESSIONAL RECORD — SENATE May 10, 2005 power of the majority and the legisla- debating the intelligence reform legis- tested on their driving skills, have ob- tive process in this way. I strongly ob- lation. The intelligence reform bill re- tained insurance, and are readily iden- ject to this tactic. quired a negotiated rulemaking process tifiable, rather than to force them to Let me explain a few of my concerns to develop minimum identification drive illegally. with the REAL ID Act. First, this con- standards, a process that is already While I am extremely concerned ference report will make it even harder under way and has included State gov- about the effects these REAL ID provi- for those fleeing persecution to seek ernments, the Departments of Home- sions are going to have on noncitizens asylum in this country. These changes land Security and Transportation, law and on already cash-strapped State to asylum law are simply unnecessary. enforcement, industry representatives, governments, I do want to note one As any attorney who handles asylum privacy advocates, and immigration bright stop in the immigration land- cases can tell you, asylum cases are al- groups. scape of this bill. That is the provision ready extremely difficult to prove. In They all had a seat at the table under that addresses the shortage of H–2B fact, only about 30 percent of asylum the intelligence reform bill. In fact, visas for temporary, seasonal workers. applications are granted today. Those they met for 3 full days just a few The cap for H–2B visas was reached just seeking asylum in the United States weeks ago. This process would have, in 3 months into the 2005 fiscal year, in already undergo the highest level of se- all likelihood, resulted in sensible, re- January, which meant that employers curity checks of all foreign nationals alistic standards for driver’s licenses to in Northern States, such as Wisconsin who enter this country, and the provi- improve security. whose tourism, landscaping, and other sions in this bill will result, I am sure, Instead, the REAL ID Act mandates seasonal industries get started later in in the rejection of legitimate applica- a long list of expensive and inflexible the year, have been unable to hire tions without making us any safer. requirements for the states, some of workers using H–2B visas. The asylum provisions of the REAL which could have serious unintended Senator MIKULSKI and Senator GREGG ID Act were improved somewhat in consequences. worked tirelessly to ensure that this conference, and I greatly appreciate Let me give you an example that provision was enacted into law in time the work Senator BROWNBACK did to demonstrates why we should not be to help employers who need workers make changes to the House-passed rushing these provisions into law. A this year, and I do commend them for version. But the changes do not go far variety of States, either by law or pol- their efforts. I have been proud to co- enough to adequately protect asylum icy, have address confidentiality pro- sponsor their H–2B legislation, and I seekers. This bill will have real effects grams that permit law enforcement of- am very pleased this is about to be- on real people—people who will be sent ficers, judges, or domestic violence vic- come law. Unlike the REAL ID bill, back to countries where they or their tims to list something other than their this provision had overwhelming bipar- families may be harmed or even killed home address on the face of their driv- tisan support in the Senate and quick because of their political or religious er’s license. They are required to pro- congressional action was definitely beliefs. vide their home address to the DMV, needed. There are also provisions in this bill but it is not actually printed on the li- Mr. President, I will vote for this leg- that would further restrict judicial re- cense. This is an important security islation because our Armed Forces view in immigration proceedings. This measure to protect public officials and need the funds it provides, but I strong- is not the time to downgrade the judi- victims of violence from individuals ly object to the inclusion of the REAL cial branch’s longstanding role as a who wish to do them harm. ID Act in the conference report. Those check on the abuse of executive branch The REAL ID Act would override who support these provisions have pre- power, particularly in light of some of these protections by mandating that a vailed only because they were willing the administration’s unprecedented ac- person’s home address be printed on to upend the legislative process to tions since September 11, 2001. Non- the face of the driver’s license itself. achieve their ends. I certainly regret citizens have borne the burden of many Had the Senate Judiciary Committee that, and I think many of us will come of the administration’s egregious civil had an opportunity to review this bill, to regret that. liberties violations that have occurred I feel confident we could have ad- I yield the floor. since September 11. I believe that we dressed this issue in a more nuanced The PRESIDING OFFICER. The Sen- can fight terrorism without compro- way, and certainly the process now un- ator from Ohio. mising our civil liberties. Making it derway that this bill will short-circuit Mr. DEWINE. Mr. President, I rise harder for non-citizens to seek judicial would have taken into account the le- today to briefly discuss the conference review in immigration proceedings is gitimate public safety interest allow- report to the emergency supplemental sending exactly the wrong message ing some people to not list their actual appropriations bill, which we hope to about the need to respect the Constitu- addresses. adopt later today. tion and basic human rights. The intelligence reform bill struck First, I thank my colleague from The REAL ID provisions in the con- the right balance by setting up a mech- Mississippi, Senator COCHRAN, for the ference report also have potentially se- anism to help improve the security of good work he has done. I plan to sup- rious environmental implications. One State identification cards, while also port adoption of this conference report. section of the conference report allows ensuring that States and other inter- There are certainly a number of pro- the Secretary of Homeland Security to ested parties would have input into the grams that will benefit greatly from waive all laws that he deems necessary process of determining minimum iden- passage of this bill. It is the right thing to allow expeditious construction of tification standards. I am very dis- to do. barriers at the border. Let me repeat appointed that the REAL ID Act is I must say, though, there are a few that: The Secretary can waive any and overriding this ongoing process with areas, which I will discuss in a mo- all laws that he wishes in order to con- costly and unrealistic requirements ment, where I do not think we have struct these barriers. I guess that could that leave States with little discretion. gone quite far enough. include labor and safety laws, but cer- On top of all this, the REAL ID Act First, let’s talk about the most im- tainly it means that environmental prohibits the issuance of State driver’s portant thing. Of course, that is the regulations can be waived, at the sole licenses to undocumented aliens. money that will go to support our sol- discretion of the Secretary. States should be the ones to decide diers. That is really why we are here. I also want to address the driver’s li- whether, in the interests of public safe- That is the most important provision cense title of the conference report. ty, they wish to issue driver’s licenses in the bill. Let me talk about a couple This title of the REAL ID Act is par- to undocumented aliens. The reality is, of specific items that will aid our sol- ticularly unfortunate because it re- there are millions of undocumented diers. peals provisions of the Intelligence Re- workers in the Nation. States could This bill includes Senator CRAIG’s form and Terrorism Prevention Act, reasonably decide, just as Wisconsin amendment, which I cosponsored, to which we just passed a few months ago, has, that from a law enforcement and provide an immediate payment—it and replaces them with the unworkable public safety perspective it is better to ranges from $25,000 to $100,000—to those mandates that Congress rejected when ensure that these individuals have been who have suffered traumatic injuries

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.014 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4825 on active duty, such as the loss of an from one side of his home base to an- congratulate the chairman—as many arm or leg or the loss of their hearing other, in service to his country. His essential priorities were funded. Be- or sight. family will not get that death benefit. cause of what the chairman did and The bill also includes my second-de- We also will not cover the death of a what others did, many people will be gree amendment to Senator CRAIG’s service member who gets into a fatal fed, many people will be helped maybe amendment making this provision ret- accident en route to a conference he or not at the level I would have liked in roactive to October 7, 2001. This sec- she was ordered to attend. And it will some cases, but we did a pretty good ond-degree amendment I offered will not even cover a military police officer job. ensure the coverage of soldiers who guarding the gates of one of our domes- One country that certainly needs as- have been injured in Iraq, injured in tic bases who may fall from heat sistance in this supplemental is Haiti. Afghanistan, those soldiers who many stroke. I do not think that is right. I Haiti is embarking on a road to at- of us have seen or talked to who are think that was a mistake the con- tempt to move toward democracy. currently recuperating at Walter Reed, ference made. They have had a very troubled past, a Bethesda, or other hospitals around As I have done since the beginning of troubled present. Its current history is our Nation, as well as those who have this Congress, I will continue, as I troubled. They are facing elections this left the hospital and are learning to know others will, to work to expand year. live with their injuries. the applicability of this critical ben- I thank Chairman COCHRAN and Sen- This amendment would help service efit. ator BINGAMAN, Chairman MCCONNELL, members, such as Army SSG Justin I must say, I was also disappointed and all the conferees who supported my Shellhammer, whom I spoke to today that we were unable to pass an ex- efforts to include emergency money for on the phone. Justin Shellhammer is a tended TRICARE Prime medical ben- Haiti. Haiti needs election assistance courageous young man, someone of efit for children of decreased service and security. This bill provides $20 mil- whom we can all be very proud. I members. Under current law, the de- lion for election assistance this year, talked to him on the phone this morn- pendent child of a deceased service for police training and for public works ing. He is excited he is going to get a member receives medical benefits programs. All this money is urgently leg this afternoon. He told me about under TRICARE Prime for 3 years at needed. I will be working closely with how his recuperation has been coming no cost. But following that period, the the U.S. Agency for International De- along and what his prospects are. When dependent children may continue to re- velopment to ensure this money flows you talk to someone like him, your ceive TRICARE Prime, but they must quickly into Haiti. heart goes out to him. But, frankly, pay for that benefit at the retiree de- Another troubled spot in this world you feel great admiration for him and pendent premium rate, available to is Darfur. Again, I congratulate the how courageous he is. children under the age of 21 or 23 if chairman for his work. Senator I am also pleased this bill includes an they are enrolled in school. Also, after CORZINE offered an amendment. Sen- additional $150 million for the procure- 3 years, when a dependent child’s mili- ator CORZINE has been a true champion ment of up-armored humvees. Many of tary parent dies, and if that family in this area. I congratulate him. He of- us on the Senate floor and in the House elects to pay the premium and stay en- fered an amendment, of which I was have supported, for a long period of rolled, even if they pay that premium, the lead cosponsor, regarding Darfur. I time, increases in funding for this pro- that child would move down on the thank him for his efforts and commit- gram. It is an important program. food chain, so to speak, in terms of the ment to helping end the crisis in the There is a critical need for these vehi- availability of services and priority. I region. The final conference report pro- cles in Iraq and Afghanistan and here do not think that is right. I think we vides $50 million to support the African in the United States where they are need to correct that. Union to stop the genocide in Darfur. used for training. What that means is that if there is a Again, I thank Senator MCCONNELL and Quite simply, these vehicles have doctor’s appointment opening, and Senator LEAHY for their good work in saved the lives of hundreds if not thou- your parent is alive, and your parent is this area as well. sands of service men and women and continuing to serve, you get preference The conference report also provides enabled them to complete their mis- over a child whose parent was killed in an additional $90 million for inter- sion. Iraq or Afghanistan. Now, do we really national disaster and family assistance Just a few moments ago, I talked think that is right? I do not think so. to help ensure humanitarian aid flows about the fact that there are some I do not think there is any person on to Darfur and other African crises. We items that should have been included this floor or in the Senate who would are looking at genocide in Darfur. We in the bill that are not. I am, frankly, say that is right. are staring it down, and we cannot af- a little disappointed. This is simply not fair. I don’t think ford to blink. It is only right that this The conference report does not pro- any Member of the Senate who really bill contains funding for this crisis. vide the death gratuity increase that understands this would say that is Finally, I thank Senator KOHL for his we provided to all Active-Duty deaths. right. My amendment, which was not efforts to help increase our U.S. food This bill increases the death gratuity included in this bill, would have aid. I worked with Senator KOHL. I was to $100,000—and that is a very good changed that by putting surviving chil- his lead cosponsor on his amendment, thing—to the families of those who dren of service members killed in serv- which the Senate passed, to include have died in service to our country. ice in the same position—no better but $470 million in food aid to cover known But the language in the bill that came no worse—as if their parent would have worldwide aid shortages. Again, I out of conference provides only for lived and continued to serve in the thank Senator COCHRAN for his good deaths that occur in a combat zone or military. It would have put them in no work in this area. those that are ‘‘combat-related.’’ I better position but, rather, in the same The conference report, unfortu- think that is much too narrow. I think position, and they would continue to nately, contains only $240 million. This it is a shame. I think it is too bad that receive TRICARE Prime at no cost money will help, but it is not at the is what the conference did. until they became an adult. level the Senate had provided. This is If we do not apply the death gratuity I wish to let my colleagues know not enough to cover existing shortfalls, increase to all Active-Duty deaths— that I plan to continue this debate and much less new emergencies or wors- which is what we should have done—we to try to get this in the Defense au- ening conditions in places such as Ethi- will not be covering a number of indi- thorization bill. This is a matter of opia. Last year, 300,000 children in viduals who die while carrying out simple fairness. It is the right thing to Ethiopia died of malnutrition. This their orders, who die in service to our do. So this discussion will continue year, the situation is worse, with country. Their families will not be cov- this week and in the weeks ahead. drought destroying crops in large parts ered. For example, we will not cover Let me turn to another topic that of the country. The people of Ethiopia the family of a service member who this bill addresses, and that is humani- will avoid the starvation that is on the gets into a fatal car accident carrying tarian assistance. I believe we did a horizon only if we act. That means re- out very specific orders to deliver files pretty good job in this bill—again, I maining open to the possibility of

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.046 S10PT1 S4826 CONGRESSIONAL RECORD — SENATE May 10, 2005 using the Bill Emerson Humanitarian this aid bill to help our troops protect that we can be on the record on an issue that Trust and other tools in our food aid themselves and complete successfully has never been brought before committee in arsenal. We must understand that it is the dangerous mission we have as- the Senate. not only Ethiopia where we have a cri- signed them. But I am concerned that My question to you is this, Mr. Chairman: There have been times when conference com- sis; we have crises all over the world when all of these new veterans come mittees of this magnitude have recessed and with regard to food aid. We simply do home and need medical care, they are never been heard from again. The next thing not have enough food. going to be pushed into a VA system we find is a conference committee report on I am proud to be joining Senator that does not have medical staff, facili- the floor on a take it or leave it basis. KOHL in sending a letter to the Presi- ties, or the funding needed to care for Can we have your assurance that we will dent asking him to look at the Bill them. That is exactly why I was on the return for votes on amendments such as Emerson Trust as we enter the summer Senate floor fighting to include within those we have debated today and those that season that so often results in food the supplemental the critical cost of I have mentioned? shortages, not just in Ethiopia but war, and that is taking care of our Na- Senator COCHRAN’s response to Sen- around the world. I again commend tion’s veterans. ator DURBIN: Senator KOHL for his commitment to I am disappointed that Republicans Senator, I would be glad to make the as- end hunger around the world. in the Senate have decided that fund- surance that if there is work to be done, if There are good parts to the con- ing for veterans care is not an emer- there are open items to be considered, that ference report we are passing today. It gency and not a priority. By denying we can consider those in conference. I am not prepared to make a commitment as to provides immediate and necessary help that there is a crisis at the VA, they when that will be. I don’t want to lead you that our soldiers need to do their job. are simply ignoring our responsibility to believe that I am going to surreptitiously It provides our injured service men and to fully provide for the men and women or in secret reach an agreement on the other women with care that they desperately who are risking their lives for our free- side without consulting all the conferees on need. It provides money for Haiti and dom. Our veterans, our military, and the Senate side. Darfur, other African crises. However, our future recruits deserve better. Tak- I think everyone in this conference has a frankly, we could have done more. Leg- ing care of our veterans is part of the right to participate in this discussion and I islation, though, is never perfect. We cost of having a great military. It is a wouldn’t want to cut off anybody’s right to participate. simply need to continue to work to- real disservice that we have not taken gether to address issues that are not care of that funding within this bill. Mr. President, I have worked closely fixed in this legislation. I am here today because I am also with Senator COCHRAN for many years, I thank the Chair and yield the floor. very troubled by how far-reaching and and I do know him to be a man of his The PRESIDING OFFICER. The unrelated immigration rules got at- word. But to me, what that exchange Democratic whip. tached to this bill without a vote and meant, sitting there in that con- Mr. DURBIN. Mr. President, it is my without an opportunity to debate. The ference, was that we would have an op- understanding that under the previous REAL ID provision has ramifications portunity to vote on the REAL ID pro- order, I will be recognized for up to 1 for privacy, for States rights, and for vision, but that never happened. To hour. immigration policy. I am disappointed me, that was wrong. The PRESIDING OFFICER. That is that it has been rammed through as an The REAL ID provision will have correct, of which 10 minutes will be attachment to a desperately needed dramatic and far-reaching changes and yielded to the Senator from Wash- bill that funds our troops. Frankly, a puts an unfunded mandate on many ington. lot of us are kind of scratching our States. Yet it was never brought before Mr. DURBIN. Mr. President, I yield heads about how this REAL ID provi- a Senate committee, and it was never 10 minutes to the Senator from Wash- sion ended up in this conference report. voted on in the conference. ington, Mrs. MURRAY. I know I didn’t vote for it. I know there That is exactly why I did not sign the The PRESIDING OFFICER. The Sen- wasn’t even a discussion of it in con- final conference report, which is very ator from Washington. ference, but somehow it is included in unusual for me. I did not sign it be- Mrs. MURRAY. Mr. President, I rise a must-pass bill. cause I believe the process was flawed to talk about the supplemental appro- Mr. President, I served on the con- and we were denied an opportunity to priations bill we are considering which ference committee, and I want to share debate and discuss these immigration funds our military activities in Iraq with my colleagues exactly what hap- changes before they were brought to and Afghanistan. Overall, I support pened in that conference committee so the floor as part of a must-pass bill. this bill. We do need to get the money they will understand why the sudden Mr. President, we are all very con- out to our troops. But I am here today appearance of the REAL ID provision is cerned about security, but this re- because I have several concerns about so surprising to many of us. ceived very little debate. Before Con- what it leaves out and how it was put When the conference committee met, gress mandates these kinds of changes, together. the chairman gave assurances to the we should have a more informed de- I have to say I am particularly trou- minority that we would be able to vote bate. In fact, it begs the question, why bled that I and other Senators were de- on several provisions when the con- was this added to a must-pass bill with- nied a promised opportunity to debate ference met again. But that conference out a debate? Probably because it could and vote on some very controversial never met again, leaving no oppor- not withstand a rigorous and open pub- immigration changes that have been tunity for the minority party to vote, lic debate. We should have that, and I attached to this bill. much less to strike these provisions. am disappointed that the majority de- First, let me say, I know how impor- I want to share with the Senate the nied us that opportunity. tant the funding is to our troops over- specifics. In our second meeting of the I also want to note today the irony seas. In March, I traveled with the Sen- conference committee, Senator DUR- that the Senate is about to allow a ator from Illinois and several others on BIN, who is now on the Senate floor, technical fix to immigration-related a bipartisan trip to Iraq and met with asked Chairman COCHRAN for his assur- language that was included in the sup- troops from the State of Washington. ance that we would get a chance to plemental, which I agree needs to be To a person, each of them was a dedi- vote on these immigration changes, fixed; but the Democrats in the con- cated professional who was putting and other open items as well, before ference committee were not provided duty above their personal well-being. the supplemental was sent to the floor. any opportunity to fix any other immi- They need our support, and they de- In fact, I want to read a portion of gration provision. serve every resource our grateful Na- the transcript of that meeting. This I want to reiterate my frustration tion can provide. discussion took place on Thursday, with how the REAL ID Act was in- As I have said before, I am the daugh- April 28. cluded and that we were not given the ter of a disabled World War II veteran. Senator DURBIN said: same consideration regarding that lan- I represent hundreds of thousands of I would also like to say to my colleagues, guage. Washington State veterans and mili- if this bill contains—as I believe it does—the Mr. President, the REAL ID provi- tary families. I support every dollar in REAL ID Act, I would like a vote on that so sion has some unique impacts for my

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.048 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4827 home State. This section on immigra- a real cost to the American taxpayers, is a major change in the law in this bill tion is particularly troubling to me be- to our Government. But by putting it about the issuance of driver’s licenses cause Washington State has in separately, it is a little sleight of in the United States of America. Why proactively enacted several laws to hand, so that you don’t add the $81 bil- in the world is that in this bill, the protect the privacy of Washington lion to the actual cost. emergency bill for the troops? I think State residents. Secondly, if this went through the she has made it clear. While I understand the needs for in- ordinary appropriations process, there Let me give a little background. If creased security, I don’t think Wash- would be hearings and questions would we were fair, we would not call this the ington State laws should be completely be raised—questions I would like to emergency supplemental appropria- overridden by this provision, especially raise after I visited Iraq with the Sen- tions for the fiscal year ending Sep- without ever having had the chance for ator from Washington. Why, in a third tember 30; we would call this the Larry debate and discussion on it. year of the war, are we still trying to Lindsey memorial bill. Why? Because We know this bill is going to pass. find armor plating for humvees and Larry Lindsey happened to be the Our troops need the funding it in- trucks to protect our troops? Why, in Budget Director under President Bush cludes. I am already working with com- the third year of the war, after giving who made a big mistake. When we in- munities and officials across Wash- every dollar the administration asked vaded Iraq, Mr. Lindsey predicted the ington State to help find a way to im- for, don’t we have protective body war would cost somewhere between plement these new requirements. I will armor for all of our soldiers? Why, in $100 billion and $200 billion. Mr. continue, once this is passed, to push the third year of the war, don’t we have Lindsey was dismissed from his job as the administration to now provide the the most modern helmets and firearms a result of suggesting the war might funding necessary to make these that our troops need to be safe, to per- cost that much money. changes without piling new burdens form their mission and come home? And remember Deputy Defense Sec- onto our already cash-strapped State. Hard questions. I might also like to retary Paul Wolfowitz? They asked Mr. President, it is really unfortu- ask a few questions about some of the him: How will we pay for the war in nate that at a time when we should be major contractors who are being paid Iraq? He assured us in open testimony focusing on the needs of our troops and for this war. Millions, if not billions, of that Iraqi oil money would pay for the our veterans, the majority party is dollars are going to companies on no- reconstruction, and at one remarkable using the supplemental aid bill as a ve- bid contracts. You know the names. Senate hearing, Defense Secretary hicle to legislate on subjects that have Halliburton leads the list. I will tell Donald Rumsfeld even predicted Iraqi not received the debate and attention you this. It is considered entirely inap- tourism dollars would help finance the they deserve. But at the end of the day, propriate in Congress to raise the ques- new Iraq. we know we cannot afford to fail in our tion about whether Halliburton has Fast forward to today. With the Sen- missions abroad. With hundreds of been paid too much or improperly. You ate’s passage this week of this bill, thousands of troops sacrificing every just don’t ask those questions around American taxpayers would have com- day in Iraq and Afghanistan, I will sup- here. Those are things which Congress mitted nearly $300 billion for the wars port this supplemental bill, and I will has no business asking about, accord- in Iraq and Afghanistan. We are still continue to work to fight for their care ing to the Republican majority. Those waiting for that tourism money, we are as they return home. are questions that would be asked if still waiting for that Iraqi oil money, I thank my colleague from Illinois this appropriations bid went through and Mr. Lindsey is now in civilian life for yielding me time and allowing me the regular process. for suggesting the war might cost a to express my frustration on how this Instead, it comes to us as an emer- third of what it has actually cost. part of the bill was put in without any- gency. We don’t have time to talk That is the reality, and there is no body able to discuss it in conference about it or to ask any questions. They end in sight. We are not going to delay committee. say: Come on now, the troops are at passage of this bill; there is too much I yield the floor. risk. Let’s pass the bill and get it over at stake. Mr. President, 150,000 Amer- The PRESIDING OFFICER. The with. ican soldiers rely on our prompt action Democratic whip is recognized. That is what we face every year. The on this bill, and it will pass here today, Mr. DURBIN. Mr. President, I thank majority knows that even those of us as it should. the Senator for her statement with who voted against the use of force reso- Let me speak about some elements of which I agree. This is called an emer- lution for the invasion of Iraq have this bill I think should be part of the gency supplemental. It is the nature of said we are going to vote for the money record. Democrats are going to support an emergency supplemental that it for the troops. If it were my son or this bill not only because it helps the funds things that were unanticipated, daughter, my brother, or someone in troops, because it does fund some true such as natural disasters and military my family whose life is at risk in Iraq, emergencies. There is $900 million in operations that we didn’t anticipate. whether I agree with the way we went emergency relief for the victims of the That is the nature of an emergency into the war is irrelevant. I am going South Asia tsunami, one of the great- supplemental. Yet, when you look at to give those soldiers, marines, and our est natural disasters in modern mem- it, at the real nature of this bill, there other Armed Forces every penny they ory, and $400 million for humanitarian is no emergency or unexpected element need to perform their mission and assistance in the Darfur region of here. This is funding the third year of come home safely. We can debate the Sudan. If this genocide in Darfur is not a war in Iraq. policy and whether we are going to an emergency, what is? Unfortunately, Did we expect to be gone from Iraq make the mistake we made in Viet- what is missing from Darfur account- by this time? I don’t think anybody nam, where our policy debate turned ability passed by the Senate is seeking suggested that. Yet the administration into a debate at the expense of our justice and security for the victims of continues to bring the funding of our troops. And so the administration and this campaign of murder, rape, and de- troops into the Congress on an emer- the Republican majority take advan- struction. gency basis. Why would they do that? tage of it. They pushed this bill I am also going to vote for this bill Why would they not put it through the through on a take-it-or-leave-it emer- because it does include a provision ordinary appropriations process? There gency basis, and they say do not ask which I added on the Senate floor re- are two good reasons. First, it isn’t any hard questions. We do not want to affirming America’s commitment to added to the national debt each year. talk about armor for humvees. We do not engage in torture or other forms of The President can say, when he pre- not want to talk about Halliburton. cruel, inhuman, or degrading treat- sents his budget, that we are close to Take it or leave it. ment of prisoners of war or other de- being in balance. In fact, we are not That is sad. Yet in their hurry to tainees. I believe reaffirming this long- even close. We have the largest deficit bring this bill to the floor, they load it standing American commitment to in the history of the United States of up with things that are not related to this fundamental standard of inter- America under the Bush administra- the war in Iraq. We heard what the national law and decency will help re- tion. You have to add this to it. This is Senator from Washington said. There store our credibility and our moral

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.050 S10PT1 S4828 CONGRESSIONAL RECORD — SENATE May 10, 2005 standing in a world which questions Guard and Reserve. There is one major would not do what they have done in what happened at Abu Ghraib and employer that employs 10 percent of the past and kill this amendment with- Guantanamo. As many military ex- the Guard and Reserve in America, 1 out giving us a chance for an up-or- perts have told us, it will also reduce out of 10, that refuses to make up the down vote in front of God and the the chance that American military per- difference in pay. Who could that em- world. I was given that assurance, but sonnel, when captured, would be tor- ployer be? It is the U.S. Government. sadly it did not happen. tured. The Federal Government refuses to The conference committee recessed The bill contains $5.7 billion to train make up the difference in pay for these and disappeared and, unfortunately, we Iraqi troops. Six or 7 weeks ago when I soldiers and marines in our country. never had a chance to have an open was in Baghdad, they showed us a How can we possibly explain that? We vote on whether we would stand behind handful, a dozen of these troops who are praising companies and other gov- these Guard and Reserve members. were in an exercise. I am not a military ernments that stand behind their peo- That is unfortunate. I had hoped the expert. I do not know if they were real ple while we fail to do the same. assurance by the chairman would mean soldiers. I do not know if they were So on three different occasions, I of- we would get that vote. It did not hap- really trained, but thank goodness fered an amendment on the floor, and pen. there is some effort underway to try to it was adopted, which said we will It appears the White House overrode replace American soldiers with Iraqi stand behind the Guard and Reserve. anyone’s intent to bring this measure soldiers. We will make up the difference in pay, up for consideration. Josh Bolton, the It also contains crucial requirements just as other companies do. Take a Director of the Office of Management that progress and training be mon- look at the companies that have done and Budget, released a letter saying itored and measured, language Senator their patriotic duty. They are big the White House opposed our reservist KENNEDY, Senator LEVIN, Senator names: Sears and Roebuck, out of my pay amendment because it would ‘‘in- BYRD, and I worked hard to preserve. It State of Illinois, IBM, General Motors, crease costs and have a negative im- is not enough for high-ranking admin- United Parcel Service, Ford, 24 State pact on morale and unit cohesion.’’ istration officials to assure us that governments. But not the U.S. Federal Think about that. The argument is 130,000 Iraqi troops have been trained Government. And, Mr. President, do that the soldiers under fire worrying when only a small fraction are actually you know what the problem is? Every from day to day whether they will be ready to fight, or when tens of thou- time we pass it on the floor, so many alive would compare pay stubs and sands of U.S.-trained Iraqi police offi- Members race up here to vote for it, have a general conversation about how cers have gone AWOL. We cannot find saying: Oh, we are all for the men and much money are you getting from your them. Knowing how many Iraqi troops women in uniform; God bless them; employer, how much are you receiving, are ready to defend the nation will give give me a flag to wave; we are all with as if they would care. Those units go us a better idea of when we can bring them. And then as soon as it gets in into battle together to protect their our troops home, and the sooner the conference committee, they strip it. lives. I do not think they resented that better. Year after year they take out this pro- one soldier in that unit had help be- I thank the chairman and ranking tection for Federal employees who are cause he happened to be an employee of member for working with us on the literally risking their lives today in Sears, another soldier because he hap- troop training and torture amend- the Guard and Reserve. pened to be an employee of one of the ments, some of the reasons I will vote According to a recent survey made 23 State and local governments. They for this bill. by the Defense Department, 51 percent are not going to hold that against their The final conference report does in- of the Guard and Reserve members suf- fellow soldiers. That is going to under- clude other issues that trouble me fer a loss of income during long periods mine morale? They have to say: You when it comes to our troops. I have of active duty. Three-quarters of Guard are lucky; I happen to work for the been trying for almost 3 years to make and Reserve members surveyed cited Federal Government, and I get no help. certain that Federal Government em- income as one of the major reasons I come here and risk my life, and this ployees who are members of the Guard they were leaving the service. We know amendment is defeated in the darkness and Reserve and who are activated to recruiting is down, retention is under of a conference committee every single serve overseas do not find themselves pressure, and yet we refuse to make up year. facing extraordinary financial hard- the difference in pay for 1 of every 10 That argument is just nonsense. ships. In the Pentagon, we go to busi- Guard and Reserve. What message are we sending to con- nesses across America and say: If you Today, 17,000 Federal employees are scientious employers? Unfortunately, want to be a patriotic business, if you activated. To date, 36,000 have been ac- the wrong message: Do as we say, not want to show your love of America, tivated and deactivated. So large num- as we do. Listen to the Federal Govern- show your love for the men in the bers of men and women are affected by ment, listen to the Members of Con- Guard and Reserve, and the women as this amendment. And in the darkness gress with all their patriotic speeches, well, and if they are activated, help of the conference, after the doors are and then watch as we deep-six this pro- their families; cover them with health closed, when the press has left, when vision year after year. It is an unfortu- insurance, if you can; make up the dif- nobody is watching, they take out this nate message to some of the best men ference in pay, if you can. And many of protection for Federal employees. and women in America who risk their them have stepped forward and said: The lead sponsors of this provision lives for our freedom. We are going to do it. In fact, almost are going to continue the effort with We also wanted to push for more vet- 1,000 different corporations and units of me. Senator BARBARA MIKULSKI of erans health services. Senator MURRAY government—State and local—have Maryland, and Senator GEORGE ALLEN, of Washington offered a $2 billion said we are going to stand behind those a Republican from Virginia, have amendment, and she said if the war is Guard and Reserve families. They are joined me. Our measure is endorsed by an emergency, treatment of the vet- making enough of a sacrifice, they are the Reserve Officers Association, the erans of the war should be an emer- putting their lives on the line, and we Enlisted Association of the National gency. We know that is true. We know will stand behind the families who stay Guard, and the National Guard Asso- these veterans come home with real home so that soldier, worried about his ciation of the United States. needs. life, does not have to worry about the The Congressional Budget Office and I had hearings across my State on mortgage payment. We even have a the Budget Committee staff studied posttraumatic stress disorder. I have Web site sponsored by our Federal Gov- our plan. They agree it would not add been around this business for a long ernment saluting these great compa- $1 to the budget because the cost of the time. I have never, ever witnessed what nies for standing behind our Guard and affected workers’ salaries is already in- I did then. We had men and women Reserve, as we should. cluded in the budget. coming in who had served in Iraq and But let me let you in on a secret. The last time the conferees met, I returned, young men and women who There is one major employer in Amer- asked the chairman, Senator COCHRAN, risked their lives wearing the uniform ica that refuses to stand behind the for his assurance that the Republicans of America. They are home now, but

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.052 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4829 the war is still on their mind. For General T. Michael Moseley, Air est and realistic way to approach it. many of them, it is a destructive mem- Force Vice Chief, said: We were given this on a take-it-or- ory, things they saw and things they I believe a death is a death, and I believe leave-it basis. did which they cannot get out of their this should be treated that way. . . . The American people deserve to minds. They come back and finally re- Sadly, these people were not listened know what they can look forward to alize they need a helping hand. They to and, unfortunately, this bill does under this REAL ID Act, which is part are estranged from their families. not provide the protection which our of this emergency supplemental. Some Their spouses are saying: That is not soldiers truly need and deserve. say that it is just simply going to keep the same soldier who I sent over there. Senator DEWINE and I, on a bipar- illegal immigrants from obtaining What happened to him? tisan basis, are lead sponsors of a bill driver’s licenses. If that were the case, They find themselves despondent, to change that benefit and to make it it would be a much different and much angry, unable to cope with ordinary fair. I certainly hope we can. smaller bill. life, turning on members of their fam- This bill also shortchanges our first Under this law, to get a driver’s li- ily in anger, and they need help. Sadly, front-line troops at home, the first re- cense in any State in America, one will too many of them need help they can- sponders. All across America, police, need to present several pieces of identi- not find at the veterans hospitals. So if fire departments, and EMT squads are fication. One has to provide a photo ID we promise these men and women when stretched thin. Many lack equipment. document or a non-photo document they serve our country that we will Many of them are not getting the containing both the individual’s full stand behind them, should not the Vet- HAZMAT and other specialized train- legal name and date of birth; and docu- erans’ Administration, the hospitals ing they need. This bill does not con- mentation of the individual’s date of and clinics, be ready to stand behind tain one dollar, not one dime for first birth, Social Security number or the them, when they come home, for their responders. individual’s non-eligibility for a Social injuries, for this posttraumatic stress We have so few Border Patrol agents Security number, and the name and ad- disorder? Is it too much to ask that we that vigilante groups such as the dress of the individual’s principal resi- have family therapists who will work armed Minutemen have decided to take dence. with spouses and children who have it upon themselves to patrol the bor- Now there is a catch to this. One has seen a different father or a different ders of the United States. Yet this bill to come into that driver’s license sta- mother come home? I believe it is only contains funds to hire only 500 new tion with that proof. What is it going reasonable. Border Patrol agents—not enough to to be? Well, they at least need a birth Senator MURRAY led the way. She do the job. New York City has 40,000 po- asked for $2 billion to be put in as an certificate, that is for sure, or some- emergency for veterans hospitals and lice officers. We have 10,000 border thing like it. They are also going to clinics. It was turned down on the Sen- agents to secure the entire U.S.-Cana- need some proof of their Social Secu- ate floor. dian and U.S.-Mexican borders, even rity number. They are also going to I am glad that the death gratuity is with the new agents in this bill. The need some proof of their residence. Now increased. Twelve thousand dollars for Republicans have argued we can afford when they bring those documents in your life in service of your country? I to give a $35,000 tax break to a person for their driver’s license, the State em- am glad we have raised that to $100,000 who is earning over $1 million a year, ployee whom they face, who is issuing tax free for spouses and children of but we cannot afford to hire 500 Border the driver’s license, cannot just accept those who die in service. It also in- Patrol agents. Their priorities speak them at face value; they have to take creases from $250,000 to $400,000 the life for themselves. Homeland security is the documents and verify them with insurance benefits that are available. not a job for armed volunteers; it is a the agency that issued them. Until There is one catch. In the Senate, we job for professionals, and it ought to be they verify them, a person cannot re- voted to increase these benefits for the a priority for this Congress. ceive a driver’s license. families of all Active-Duty service Now let me speak for a moment to Imagine if one is a naturalized Amer- members, but behind the closed doors this REAL ID bill. This is a serious ican citizen who was born in the former of this conference committee which problem. If one is going to use a driv- Yugoslavia. You present your birth met in private and in secret, the Re- er’s license to prove their identity, certificate to the clerk at the Depart- publicans changed the rules. They de- wherever it may be—stopped by a high- ment of Motor Vehicles. There are two cided on their own, without a vote, way patrolman or getting on an air- big problems. without a discussion, to restrict the plane—we need to make sure that driv- How is that clerk in Springfield, IL, new death benefits and the new life in- er’s license is authentic. at secretary of state Jesse White’s surance benefits only to families of We have 50 States with different motor vehicle facility, going to verify service members who die in a combat standards for establishing one’s iden- the authenticity of documents issued zone. That simple geographical distinc- tity. It is a serious problem, serious by a government that no longer exists? tion, ‘‘in a combat zone,’’ could dis- enough that when the 9/11 Commission Good question. I do not know the an- qualify about half of all families who report came out and we put together a swer. have lost a loved one serving on active bipartisan bill to respond to it, we in- There is another problem. The REAL duty since the start of the war in Af- cluded a provision in that bill that re- ID Act says that the State cannot ac- ghanistan. These families will not be quired the Federal Government and cept any foreign document other than eligible for the new benefits because State governments to work together to an official passport. So, even if the the husbands and fathers, wives and come up with realistic, operable stand- clerk could verify the birth certificate, mothers died outside of what is tech- ards to prove identity for those who he cannot accept it. nically classified a combat zone. That were applying for driver’s licenses. We Imagine you are the person behind is arbitrary, that is wrong, it is unfair. passed that bill overwhelmingly on a the counter. Whether a soldier dies in Iraq or train- bipartisan basis. I was happy to be one What are you going to do? With ing to go to Iraq, his sacrifice is equal- of the cosponsors of that legislation whom do you check? Whom do you ly great, the loss to his family equally and glad that the President signed it. call? And what do you do about the devastating, and our Government owes Then Members of the House said: We do people standing in line waiting for an equal debt to his wife and children. not agree with that cooperative proc- their turn to put more documents on We have had testimony from those ess. We want to establish the standards the desk? uniformed officials who appear before on our own. We want to write them If you think a trip to the Department the Armed Services Committee and we into law. And they created something of Motor Vehicles is a bad experience ask them about this. Admiral John called the REAL ID Act. today, wait until the REAL ID takes Nathman, Vice Chief of Naval Oper- We did not have public hearings on effect. This is not necessarily going to ations for the Navy, said: ‘‘They can’t the REAL ID Act. We did not invite in make America any safer. It will make make that distinction. I don’t think we the Governors. We did not invite the States poorer. The estimates are it will should, either,’’ in terms of who is State motor vehicle agencies. We did cost States about $500 million to $700 dying in a combat zone and who is not. not have a conversation about an hon- million, another unfunded mandate,

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.054 S10PT1 S4830 CONGRESSIONAL RECORD — SENATE May 10, 2005 and in return for this massive cost and Mr. REED. Mr. President, I thank the It is unfortunate these unsound pro- inconvenience we will get, at best, Senator from Illinois not only for the visions will be enacted as part of this marginal increases in security. time but also for his eloquent state- bill. It is my hope that in the very near The States have 3 years to put this in ment about this legislation, and par- future we will be able to have a na- place and, incidentally, if we find ticularly the REAL ID bill. tional discussion on immigration in a States that don’t have it in place in 3 The emergency supplemental bill we comprehensive, thoughtful, and delib- years, an interesting thing happens. No are considering today provides needed erate way that will provide real solu- one’s driver’s license from a State that funding for our men and women in uni- tions to real problems. It is not pos- hasn’t been certified to be in compli- form who are engaged in combat oper- sible to solve our immigration prob- ance can be used for Federal identifica- ations in Afghanistan and in Iraq, as lems by simply removing those who tion. And if it turns out the State of Il- well as emergency assistance to the seek legitimate help from our Nation, linois, at the end of 3 years, still does victims of the tsunami. This aid and or by raising the bar for those who are not have this together, what is going to assistance cannot wait because it is a immigrating here legally. As a nation happen? It means myself, as a resident demonstration of our Nation’s good of immigrants and a global leader on from Illinois, presenting a driver’s li- will towards those who have been dev- human rights, the inclusion of the cense at the airport, will be turned astated by natural disaster, and also REAL ID Act in this bill and in this away. Illinois licenses are not accept- our commitment to our soldiers in manner is unacceptable, and I will ed. That is what this bill says—without combat. These noble goals are unfortu- work with like-minded colleagues to nately tainted, however, by the deci- 1 minute of hearing in the Senate, reverse this law. without 1 minute of debate on the floor sion of the Republican leadership to in- I yield the remainder of my time to clude a controversial piece of legisla- of the Senate. the Senator from Illinois. This is an unworkable and unfunded tion known as the REAL ID Act. Mr. COCHRAN. Mr. President, I sug- Senator DURBIN has gone into great mandate. gest the absence of a quorum and ask In a conference committee, I said to detail to show how unwieldy it is and perhaps how unnecessary it is. There unanimous consent the time under the the chairman: I think we need a vote quorum be charged equally to both on this. I think members ought to be are other ways to more effectively and efficiently verify the identity of indi- sides. asked to stand up and explain why they The PRESIDING OFFICER (Mr. are going to support this without any viduals. Also, this kind of back-door legis- DEMINT). Without objection, it is so or- hearing, without any deliberation. I dered. The clerk will call the roll. want to debate it, and I would like to lating is symptomatic of the majority’s near total disregard for the precedents The assistant legislative clerk pro- have an official vote so we know where ceeded to call the roll. the Members of the Senate and the and procedures of the Senate that have served our Nation so well and for so Mr. OBAMA. Mr. President, I ask House stand on this proposal. unanimous consent that the order for I believed that I had an assurance long. I hope the American people real- the quorum call be dispensed with. that I would receive it, but I didn’t. Ul- ize this maneuver is yet another example of the majority’s desire to pass the The PRESIDING OFFICER. Without timately, the committee recessed. No objection, it is so ordered. votes were taken. It comes to us now most controversial legislation by sliding it into a bill which cannot be The Senator from Illinois is recog- as part of this funding for the troops on nized. a take-it-or-leave-it basis. That is not amended and is subject only to an up- or-down vote. Mr. OBAMA. Mr. President, I rise a good way to legislate. today to speak about the fiscal year Let me also say I think this REAL ID With no Senate debate, and very lit- 2005 emergency supplemental appro- is going to create hardships that are tle review, the REAL ID Act makes priations bill. Every day in Iraq and totally unnecessary. We can ascertain significant and harmful changes to our Afghanistan, the men and women of the identity, and we should, of the peo- Nation’s immigration system, as well the U.S. Armed Forces risk their lives ple applying for driver’s licenses. But as our system of licensure of auto- to defend ours. They are completing a the way this was written is sadly not mobiles and drivers throughout the going to achieve that in the most effi- United States. mission they did not ask for and, in cient way. The REAL ID Act is another Like many, I believe immigration is Iraq, a mission that is longer and more provision on which I wanted a vote, an issue we cannot and should not ig- dangerous than they were ever told. wanted a discussion, and wanted an nore. However, the REAL ID Act is not Yet amid roadside explosions, insur- open debate. Unfortunately, it did not the comprehensive immigration reform gent attacks, and the loss of some of occur. that we have gone far too long without. their closest friends, they wake up Many Democrats, despite this provi- Instead, it vastly alters our Nation’s each day and do their jobs. They wake sion, will still support this bill because established asylum procedures, placing up each day and do whatever it takes we have said from the start we are the burden of proof on the applicants to leave a democratic Iraq for a free going to stand behind our troops. I by requiring them to document their Iraqi people. think the administration, the Repub- torture or persecution. Potential asy- This bill is a way for us to support lican leadership in Congress, is testing lum seekers are already thoroughly in- these efforts. With its passage, I sin- us. How many things can they load vestigated, and those suspected of en- cerely hope our troops will receive all into this bill to force us to vote for gaging in terrorist activities are al- the support and all the equipment they something we are troubled with, and ready prohibited from being granted need to do their job. With its passage, that is what it is all about. We all asylum under our current system. Yet I hope we do not hear any more stories know this is not the way to pay for a the REAL ID Act will make it increas- about troops driving convoys with war and it is not the way for Congress ingly difficult for those escaping polit- unarmored humvees, or about troops to operate. The late Larry Lindsey—I ical persecution and torture to seek going into battle with armor their par- say ‘‘late’’ because he is no longer in refuge. ents had to send them from home for public service—was fired for saying the In addition, the REAL ID Act would their birthday. And I sincerely hope war might cost $200 billion. Now we are suspend habeas corpus review of orders this money will be used to train more up to $300 billion and counting. Sadly, of removal for aliens in the United Iraqis to secure their own country so too many of the important decisions on States. Essentially, this change elimi- we can bring home our young people funding this war are still being made nates the right of aliens facing depor- safe and secure. by one party behind closed doors. tation to ask the court to review their I particularly thank the chairman We will pass this bill, Democrats will deportation, a right which the Supreme and ranking member of the Appropria- support it, but this has to be the end of Court has already upheld. This provi- tions Committee for working with me it. We need to fix this broken process. sion will deny innocently detained on several other emergency spending The American people deserve better. aliens the opportunity to plead their needs. I yield the floor. case before a judge. This goes against I say to Senator COCHRAN, I appre- The PRESIDING OFFICER. The Sen- the core principle upon which our Na- ciate that this bill provides $25 million ator from Rhode Island. tion was founded. for the prevention of the avian flu. As

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.056 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4831 some of you may have read, the num- worked with my colleagues to support lomatic and reconstruction efforts in ber of cases in Southeast Asia is in- hundreds of millions of dollars for more Iraq, we have provided $20 million in creasing, and there is serious concern Border Patrol agents to help exercise assistance to Iraqi families who have that this virus could mutate and jump that right. But controlling immigra- been affected by coalition operations in from continent to continent, poten- tion is a Federal responsibility—it al- Iraq. tially causing a pandemic that could ways has been—and it should not come We must do everything we can to kill millions of people. We have to at the expense of State budgets or care for soldiers when they are injured. work proactively to prevent such a basic civil liberties. We should have I am very proud that we have provided pandemic, and I appreciate the support more time to examine and debate the an additional $211 million for the De- from the committee chairman as well REAL ID provisions as part of com- fense Health program. as the administration on this issue. prehensive immigration reform. This funding also includes assistance Also included in the bill is an amend- These provisions, currently in the to provide meal and telephone services ment I sponsored with my friend from bill, are opposed by religious organiza- for soldiers recuperating from injuries South Carolina, Senator GRAHAM. This tions, civil liberties groups, civil rights suffered in Iraq or Afghanistan. It also amendment will ensure that our in- organizations, church groups, and hun- provides assistance for family members jured service members who remain dreds of other groups. The legitimate to travel to be with an injured service under medical care but are no longer concerns of these groups have not been member recovering from combat inju- hospitalized will not have to pay for properly aired in the Senate. I am ries. To help soldiers with the enor- their meals while receiving therapy. I aware of the fact that the REAL ID mous medical costs that can be associ- thank the graciousness of Senator Act, despite what I say, despite my res- ated with combat injuries, we have also COCHRAN for adopting that amendment ervations, will become law. It will be- made it possible for service members to on the floor without debate. come law not because it is the right get traumatic-injury protection as part I also joined with Senator DURBIN to thing to do but because the House ma- of their military insurance package. address the security needs of our judi- jority has abused its privilege to at- This insurance rider can be worth as ciary. As some of my colleagues know, tach this unexamined bill to must-pass much as $100,000 to service members a Federal judge in Illinois recently suf- legislation. This is highly inappro- enrolled in the Servicemembers Group fered a tragic loss, the murder of her priate, and I hope that all of the Sen- Life Insurance, SGLI, program. We mother and her husband. This bill pro- ate will agree to highlight and correct have also made it available retro- vides necessary funding for the U.S. the deficiencies of these immigration actively, to help out those soldiers and Marshal Service to step up its security provisions in the year to come. families already dealing with combat for our Federal judges. I yield the floor. and combat-related injuries. I commend all those who have been Ms. MIKULSKI. Mr. President, I sup- Mr. President, more than 1,700 serv- involved, including the chairman, for port our troops and their families. I am ice men and women have made the ulti- crafting a number of important meas- behind them 100 percent. They deserve mate sacrifice in Iraq and Afghanistan. ures in this bill. I wish that I could, our gratitude, not just with words, but Part of the debt of gratitude we owe without any further statement, simply with deeds. This emergency supple- the families they leave behind is to en- say how proud I am of our troops and mental appropriations bill helps us do sure that they do not have to face a fi- move on with the supplemental. Unfor- just that. nancial crisis while they are dealing tunately, this bill also includes some The House and Senate have worked with the loss of a loved one. immigration provisions, known as hard to respond to the President’s re- I am very proud that we have been REAL ID, that cause me enormous con- quest for additional funding to support able to help alleviate their burden, by cern. Although I will certainly vote for our operations in Iraq and Afghanistan. increasing from $12,000 to $100,000 the the conference report because of the We have provided more than $75 mil- fallen heroes compensation for family good measures I have already dis- lion in defense-related spending, in- members of troops who make the ulti- cussed, it is important to state for the cluding vital support to our soldiers mate sacrifice for our country. This record my serious reservations about and their families. We have also pro- benefit is applied retroactively, to in- REAL ID. vided more than $6 billion in assistance clude all service members who have Despite the fact that almost all of to our friends and allies, including $681 died since the global war on terror these immigration provisions are con- million to aid in the recovery from last began in October 2001. In addition, the troversial, the Senate did not conduct year’s terrible tsunami in Indonesia. family of a service member who has a full hearing or debate on any one of We have provided a total of $17.4 bil- died will be allowed to remain in mili- them. While they may do very little to lion to speed up the Army’s purchase of tary housing for a year, rather than increase homeland security, they come trucks, additional up-armored the six months currently allowed. We at a heavy price for struggling State humvees, and upgrades to Abrams have also increased the life insurance budgets and our values as a compas- tanks. There is also $1 billion for addi- benefit provided under the SGLI, from sionate country. The driver’s license tional purchases of Army and Marine $250,000 to $400,000. This increase will provisions in REAL ID, for example, Corps trucks, tactical vehicles like also be applied retroactively to 2001. will cost an estimated $100 million over humvees, night vision and other impor- I am disappointed that the conferees 5 years. States will have to bear the tant protective equipment to keep our did not accept the advice of the Sen- majority of these costs. At a time when soldiers as safe as possible on the bat- ate—and of the Chairman of the Joint budgets are tight, I don’t think we tlefield. We have also preserved sup- Chiefs of Staff GEN Richard Myers— should be outsourcing our homeland se- port for the C130J aircraft, so vital to and provide the fallen heroes com- curity to States that can’t afford it. transporting troops and materiel pensation to families of all service The cost to our Nation’s legacy as a around the world. members who die on active duty. refuge for asylum seekers is also U.S. troops will stay in Iraq and Af- Instead, Congress has expanded all heavy. Conferees were able to improve ghanistan long enough to ensure that aspects of the current coverage to in- some aspects of REAL ID, including in- those nations can defend themselves clude those who die in designated com- creasing the limit on the number of against chaos and terrorism. It is im- bat zones and in combat-related activi- foreigners who can apply for asylum in portant that we provide training and ties, such as training. This is a good the United States, but other provisions equipment to prepare Iraqi and Afghan start, but I agree with General Myers intended to eliminate fraudulent asy- security forces to take over when that every family who loses a loved one lum applications may end up denying American troops come home. on active duty deserves the gratitude asylum to people who deserve to re- To do this, we have provided $7.0 bil- of this nation and should benefit from ceive it. lion to train security forces in Afghani- the fallen heroes fund. These are costs that call for greater stan and Iraq. There is also $1.78 billion We also need to make sure that fami- examination. As a sovereign country, for Afghan reconstruction and counter- lies receive the full amount of this we have the right to control and iden- narcotics efforts. In addition to pro- compensation. Working closely with tify those who enter and exit. I have viding $7.7 million to support U.S. dip- Senator GRASSLEY, I have taken steps

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.063 S10PT1 S4832 CONGRESSIONAL RECORD — SENATE May 10, 2005 to ensure that the full benefit will be process. After three years in Afghani- One, it exempts returning seasonal tax free. Senator GRASSLEY has assured stan and two years in Iraq, we should workers from the cap for this year and me that this important correction will not be funding these operations as if next. That means that people who have be added to the next tax bill considered they were surprise emergencies. worked here before and who have gone in the Senate. Unfortunately, because much of the back home are the only ones who We know that nearly 40 percent of funding included in this conference re- would be eligible. The exemption works the soldiers deployed today in Iraq and port has been designated as an ‘‘emer- this way—an employer requests a visa Afghanistan are citizen soldiers who gency,’’ it will not count against our and lists the name of the returning come from the National Guard and Re- budget limits and instead just gets worker on his petition. The employer serves. More than half of these will suf- added to our ever-growing national must provide supporting documenta- fer a loss of income when they are mo- debt. tion to the Department of Homeland bilized, because their military pay is This emergency supplemental is a Security or the State Department that less than the pay from their civilian Federal investment in supporting our the worker is a returning worker who job. Many patriotic employers and troops and their families. has come to the United States in one of state governments eliminate this pay We support out troops by getting the 3 prior years under the H2B pro- gap by continuing to pay them the dif- them the best equipment and the best gram. ference between their civilian and mili- protection we can provide. We support This exemption does not exempt any tary pay. them by getting them the best health new workers because employers must I am very disappointed that this con- care available when they are injured in show that the worker was in the US ference report does not include the Re- service to our Nation. And we support previously in order for that worker to servist Pay Security Act, which would them by ensuring that their families do be exempt from the cap. Employers can ensure that the U.S. government also not face a financial crisis at the mo- petition for exempted workers at any makes up for this pay gap for Federal ment when they are grieving the loss of time during the fiscal year—regardless employees who are activated in the a soldier who has sacrificed everything of whether the cap on H–2B visas has been met or not. The legislation explic- Guard and Reserves. This legislation for our country. itly states that exempted workers are has passed the Senate three times, and I am proud to vote yes for our troops outside the cap. three times it has been stripped out of and their families. I am also proud to vote yes because this bill contains im- The employer does not automatically the conference report. I will continue get the exempted worker, they still to work with my colleagues in the portant provisions to help small and seasonal businesses in the United must go through the whole DOL and House and Senate to build support for DHS process before they can get ex- this important provision to help our States. The emergency supplemental con- empted workers. That means that em- National Guard and Reserves. ployers still must prove to the Depart- Mr. President, Americans joined the tains language that provides real relief to small businesses that need tem- ment of Labor that they cannot find world in mourning the loss of more American workers to fill these jobs. than 150,000 victims of the Indian porary seasonal workers by the summer. This emergency supplemental Only then will DOL give them the abil- Ocean Tsunami last Christmas. To- ity to continue the application process gether, we prayed for the 7 million dis- contains the language I offered on the floor of the Senate to temporarily and get the workers who they need placed survivors that God may give through DHS and State. Employers them the strength to persevere and solve the H2B visa shortage. It passed this body by a overwhelming bipartisan will go through the whole process for overcome this, the largest natural dis- new or returning workers. Returning aster of our time. vote of 96–4 and was adopted by both House and Senate conferees to be part workers will be exempt from but new But expressions of sympathy are not workers will be subject to the cap. enough. As I said at the time of this of the final bill. I know that my colleagues on both This provision is both forward look- terrible disaster, the United States ing and retroactive back to the begin- must set the example and lead the sides of the aisle supported this amendment because it is a limited fix to the ning of the fiscal year, or October 2004. world in the humanitarian effort of re- That means that DHS will have to de- covery and rebuilding. Congress has H2B worker shortage that many coast- al states and resort states are facing. termine how many returning workers provided $656 million for the tsunami were admitted prior to the passage of recovery and reconstruction fund to This solution is desperately and immediately needed by small and seasonal this Act and open up those spaces to support on-going and long-term relief new workers. That makes it fair so efforts, including programs aimed spe- businesses throughout the country. My amendment helps us keep Amer- that summer employers have the same cifically at women and children in the ican jobs, keep American companies bite at the apple that winter employers affected areas. We have also provided open, and yet retain control of our bor- had. DHS estimates that between 30,000 $25 million for U.S. tsunami warning ders and 35,000 workers are returning work- programs to help prevent future human I am very proud that we were able to ers and they will be able to use the in- disasters on the scale we have seen in work together, House and Senate, formation they have in their databases Asia. Democrats and Republicans, to pass and in coordination with the Depart- The people of Darfur continue to suf- this measure. This bill was a simply ment of State to ensure that spots that fer the terrible effects of war in the fix, it was temporary and it does not were counted in the cap and used by ex- Sudan. Congress has provided $248 mil- get in the way of comprehensive reform empted workers will now be opened up lion for humanitarian assistance to The amendment and the Save our for new workers to use so that summer Darfur and $37 million for Sudan peace Small and Seasonal Businesses Act on employers can get their fair share. implementation assistance. We have which it is modeled will help small This fix also has strong antifraud also included $50 million to be made business by doing three things: provisions to make sure that everyone available to the African Union, for No. 1, temporarily exempting good is playing by the rules and that no one peacekeeping efforts in Darfur. Also, actor workers from the H2B cap, so em- is misusing the program. And it gives part of the $90 million provided for food ployers apply for and name employees DHS added teeth to prevent fraud and aid and famine relief can be used to who have already been in U.S.; enforce our Nation’s immigration laws. help improve conditions in Darfur. No. 2, protecting against fraud in the A $150 antifraud fee ensures that Gov- Because it is just as important to H2B program; and ernment agencies processing the H–2B support our communities at home as it No. 3, providing a fair and balanced visas will get added resources to detect is to support our troops in the field, I allocation system for H2B visas. and prevent fraud. This money is added will continue to fight for responsible This amendment first and foremost to an antifruad fund to give the De- military budgets. For that reason, I protects American jobs. partment of Homeland Security, the joined the Senate’s efforts to insist It provides a short-term fix to the Department of State and the Depart- that the President fund our operations H2B visa cap which will only be in ment of Labor some added resources to in Iraq and Afghanistan through the place through fiscal year 2006. It has train workers so that they can identify regular budget and appropriations four simple provisions: fraud in the program.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.076 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4833 We also add strong new sanctions to has already received sufficient peti- This controversial and overly-broad the law. These sanctions are perma- tions for fiscal year 2005 to fill the cap provision has no place in an emergency nent and further strengthen DHS’s en- and has not required any information spending bill. The changes to our im- forcement power by allowing sanctions to be provided as to whether the peti- migration laws and the policies on asy- against those who have a significant tions were filed for ‘‘returning work- lum proposed by this legislation are misrepresentation of facts on a peti- ers’’, it is intended that USCIS to major modifications that are contention. We increase fines and allow DHS make its best estimate as to the num- tious on both sides of the aisle. As it is to bar violating employers from the H– ber of previously filed petitions that written, this bill undermines both due 2B program for up to 5 years. This sec- likely were for returning workers, process and the principles of funda- tion also sends a strong message to em- based on State Department informa- mental fairness on which our immigra- ployers—don’t play games with U.S. tion, and accordingly to free up num- tion laws are based. jobs. Our bill reserves the highest pen- bers for fiscal year 2005 to be available This legislation, plain and simple, is alties for employer actions which harm to otherwise qualified H–2B aliens, a drastic and unknown change. It is the U.S. workers. whether or not they are ‘‘returning type of change that both the House and We also make the system better by workers.’’ the Senate should have deliberated on creating a fair allocation of visas. In addition, H–2B workers will be and given in-depth consideration to. Under current law summer employers available to petitioners identifying and The Senate has not had the oppor- lose out because winter employers get certifying specific aliens to be return- tunity to do that. all the visas. So our bill does two ing workers. For fiscal year 2006, the Just look at what this legislation things: First, as I said above, we ex- number of new H–2B admissions avail- does: empt returning workers from the cap, able will be 66,000, plus any aliens for First, it increases the burdens on so returning workers don’t count for whom the certification and confirma- those seeking asylum in the United the cap. But we also divide the cap be- tion requirements of section States and limits judicial review of tween summer and winter. What that 214(g)(9)(A), (B), and (C) of the Immi- some decisions. These are people who means is that of the 66,000 visas and we gration and Nationality Act, as amend- are often persecuted in their own coun- make 33,000 available from October ed by this section, are met. tries and cannot produce the level of Specifically, Section 405 provides thru March and 33,000 available from documentation or corroboration of that the 66,000 limitation on H–2B ad- April thru September. Winter employ- their abuse that this bill requires. ers get half and summer employers get missions for fiscal year 2006 and there- Next, it permits the Department of after will be administered as two half- half. And we make this change perma- Homeland Security to waive ‘‘all legal year limitations of 33,000 each applica- nent to make sure that even if com- requirements’’ that interfere with the ble to aliens subject to the overall prehensive reform cannot be reached construction of roads or barriers along 66,000 limitation, i.e, not including ‘‘re- by 2006, then at least summer and win- our borders. That means that the Sec- turning workers.’’ It is the intention of ter employers are competing for the retary of Homeland Security can waive the supporters of the amendment that limited number of visas on a level play- any State or Federal environmental, this provision be administered so as to ing field. health and safety, civil rights, labor, or Finally, we give the Department of give employers seeking workers for the criminal law. And there is very limited Homeland Security the ability to im- second half of the year an opportunity ability of anyone to challenge these de- plement this law now, without having to obtain them at least equivalent to cisions. That means the Secretary has to issue regulations. That means that that available to first semester em- a tremendous amount of discretion to employers get real relief now. DHS has ployers. override existing laws and step all over a limited exemption from the Adminis- Finally, section 407, is intended to State’s rights. trative Procedure Act to implement allow this law to be implemented expe- It also limits judicial review of re- the exemption section, the antifraud ditiously. The intent was to make sure moval cases and discretionary deci- fees and also the allocation of visas that the provisions of the Administra- sions of agencies—that means an agen- section. These exemptions are to pre- tive Procedure Act, the Paperwork Re- cy, not a judge, will have the final say. vent any barriers or delay to the imme- duction Act, and other laws relating to And most notably, it creates national diate implementation of those provi- regulatory processes and forms—espe- standards for identification cards that sions. cially, but not limited to, any require- So that is what this strong bipartisan ment to promulgate new rules—to the States must enforce. That means that legislation is all about. This is the lan- extent any such provisions might States now must not only verify the guage that 94 Senators in this body apply, should not pose a barrier in any many forms of identification that are supported and that the House adopted way to the expeditious implementation required, but they are also responsible into the emergency supplemental con- of the provisions of this Act intended for keeping track of a drivers license ference report. to give urgent and necessary relief to holder’s immigration status. That cre- Now we want to make sure that DHS summer and seasonal employers and to ates a huge increase in expenses for can start its implementation imme- apply the new fee provision in section States and it also means that State of- diately so I want to make sure that 403. We therefore, provide the author- ficials, who have no background in im- they are very clear about what the con- ity to the relevant departments to migration law, will be forced to enforce gressional intent of this legislation is: waive any such requirement that may these complicated provisions. That’s an Section 402 is intended to increase otherwise delay such implementation. unfunded mandate on States that are the number of H–2B admissions avail- It is a quick and simple legislative already in fiscal crisis. able for fiscal years 2005 and 2006. This remedy with strong bi-partisan sup- Plain and simple REAL ID dras- legislation was drafted with the under- port. It fixes the problem now and tically changes immigration laws, lim- standing that the preexisting USCIS takes small steps to prevent this dras- its access to the courts and due proc- method of implementing the H–2B limi- tic shortage in the future. It is imme- ess, and places significant new costs tation is based upon accepting for fil- diate and achievable because DHS will and duties on local and State governing the number of petitions (only some start implementation once it is signed ments. The Senate should have had the of which name the specific workers) by the President. And more impor- ability to review, debate, and amend that is projected to result in the au- tantly, it does not exacerbate our im- this provision before it became a per- thorized number of admissions, with al- migration problems. manent part of our Federal immigra- lowance made for an expected number Mr. President, it is important that tion law. of petitions that will be denied or re- we continue to support the brave men Now, I am the first to agree that we voked and of workers with approved pe- and women who put their lives on the need strong and comprehensive immi- titions who will not apply for or qual- line both at home and abroad. But gration reform. We need to look at all ify for visas or admission, based upon today, as I support funding for our the problems with protecting our bor- State Department information. troops I also stand opposed to the part ders and ensuring our safety. We need Consistent with this general method- of the emergency supplemental known to make sure that the programs that ology, and with the fact that USCIS as REAL ID. work are updated and continued. We

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.078 S10PT1 S4834 CONGRESSIONAL RECORD — SENATE May 10, 2005 need to make sure that the programs a border State where homeland secu- terror and the war in Iraq. These aren’t that don’t work are fixed so that we do rity is of paramount concern, and our inside-the-beltway issues. Every day not have porous borders. But we need country safer and more secure in this the administration resists bringing for- to use regular order to do so. era where illegal immigration is out of ward an accurate and reasonable ac- The Senate must have the oppor- control and the security of our identi- counting of our future needs in Iraq, it tunity to consider comprehensive re- fication systems continues to be lack- complicates the way the Department of form, not focus on piecemeal measures. ing. I am confident that any remaining Defense conducts business. And President Bush should lead the funding issues can be worked out later In recent weeks, the Pentagon has way in working with Congress and our in the implementation process. Our job been forced to shuffle $1.1 billion to allies for solutions that protect our now is to move forward, and make sure cover Army shortfalls while the De- borders. And for solutions that allow that these provisions are put into place partment of Defense waits for the our rich history and tradition of immi- with the best interest of this country President to sign the supplemental gration to continue. But these sup- in mind. into law. That $1.1 billion came out of posed solutions cannot come at the ex- As I have said before, my State of Navy, Air Force, Marine Corps and pense of our constitutional framework. Montana has one of the largest inter- Army National Guard personnel ac- REAL ID is an unfunded mandate national borders. A lot of attention has counts. That is a dangerous way to that is punitive. We do not know if any been placed on border security lately, conduct business. of the provisions will actually make us particularly on the northern border. I As we pass this legislation, I urge the safer—we just know that they override think we can all agree that the north- President to heed the advice of so States rights and undermine civil ern border has been historically under- many Senators who believe that he rights and civil liberties. I believe that staffed and lacks the necessary infra- must better reflect the costs of war in it is our duty, as Members of the Sen- structure to adequately screen individ- his regular defense budgets and simply ate, to balance national security inter- uals seeking entry into the United be straight with the American people ests with due process and constitu- States who wish to do us harm. I have about the ongoing costs of operations tional rights, yet because we have not always supported increasing the num- in Iraq and elsewhere. Our troops had hearings or been able to evaluate ber of border patrol agents along Mon- shouldn’t have to wait for the gear and this change to our immigration law we tana’s northern border. It does not equipment they need to do their jobs do not know the extent of its impact. make sense for the Department of well, to win the peace in Iraq, to bring REAL ID proposes several different Homeland Security to heavily staff the the terrorists to justice in Afghanistan and significant changes to our immi- southern borders while leaving large and around the world, and to come gration laws, I believe that it is impor- gaps wide open on the northern border. home. tant for the Senate Judiciary Com- The end result is that those wanting to This bill takes some important steps mittee to have an opportunity to hold enter the United States illegally may toward the Military Family Bill of hearings and consider comprehensive focus on the less secured border regions Rights which we have talked about for legislation that looks at all areas of of the north so that they may cross many months. It increases to $400,000 the law. Then the whole Senate should over undetected. Unfortunately, the the life insurance coverage available to have the ability to fully debate the grave threat of this happening along service members, and raises the death Montana’s vast border remains a re- issue on the Senate floor. gratuity to $100,000 for those who die in I am disappointed that this con- ality. combat and in combat-related inci- In view of this, during debate on the troversial measure was added to this dents, including training. It also ex- Emergency Supplemental Appropria- must pass legislation. We should be tends to 1 year the length of time wid- tions Act, I was a cosponsor of the En- passing an emergency supplemental ows and children of military personnel sign amendment which was adopted bill without the harmful REAL ID pro- that would increase the number of Bor- may remain in military housing. To- vision. And then we should turn our at- der Patrol agents and provide funding gether, these provisions are important tention to real reform and the Senate for Border Patrol facilities. I am happy affirmations of the Congress’ support should proceed to a thoughtful and to report that the conferees reached a for the men and women of the Amer- comprehensive debate on immigration compromise that would provide $635 ican military and their families. I reform that protects our borders and million for increased border security thank the House-Senate conferees for our constitutional mandate. and enforcement; this includes $176 including those provisions. Mr. BURNS. Mr. President, the at- I regret that the House-Senate Con- million to hire, train, equip, and sup- tacks of September 11, 2001 reminded us port 500 Border Patrol agents and re- ferees struck a provision that the Sen- all that national security is of the ut- lieve current facility overcrowding. ate added to pay an equal death gra- most importance. Since then, we have The supplemental also includes almost tuity to the survivors of all service worked to ensure the safety of this half a billion dollars for Immigration members killed while on active duty, country. Still, there are gaps in our and Customs enforcement; $97.5 million regardless of the circumstances. This immigration and identification sys- of this would be used to hire and train policy was supported by 75 Senators in tems that need attention. Those with additional criminal investigators and a floor vote. It was supported by the ties to terrorist organizations should immigration enforcement agents. House in its version of the legislation. not be given asylum or permission to I will always vote to protect our And it is supported by the uniformed live in this country where they can do homeland and the safety of our citi- leadership of the military. It is clear harm. Barriers on our borders should zens, and I encourage my colleagues to that the civilian leadership at the Pen- be enhanced to adequately protect our do the same as the Senate considers tagon, led by Secretary Rumsfeld, op- national security. Driver’s licenses and the supplemental for final passage. posed it. While they have succeeded in personal ID cards should be secure, and Mr. KERRY. Mr. President, the striking the provision from this supple- should not be given to terrorists or Emergency Supplemental Appropria- mental legislation, I will continue to those who are in this country illegally. tions bill for fiscal year 2005 is a vital work with my colleagues, many of There are provisions to address each piece of legislation. It provides $75.9 whom have worked on this issue for of these concerns in the REAL ID Act billion for the Department of Defense, some time, for its enactment. of 2005, which has been attached to the nearly $4 billion for the Department of While I support this bill overall, I Emergency Supplemental Appropria- State, and billions more for military have serious concerns about the at- tions Act. I have expressed my reserva- construction and other national prior- tachment of the REAL ID Act to the tions about possible unforeseen costs ities. It will come as no surprise to conference report. This legislation cre- to my State of Montana that these pro- anyone that Congress will pass this bill ates new hurdles for legitimate asylum visions could impose, particularly the with an overwhelming majority. In- seekers, allows the government to costs of changing the system of issuing stead, we should be asking what took waive environmental laws to build driver’s licenses. Ultimately, however, so long. physical barriers on the border, and I firmly believe that the fundamental The administration continues to play forces an unfunded mandate on the aspects of this bill will make Montana, games with the funding of the war on States. This legislation did not have so

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.079 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4835 much as a hearing in the U.S. Senate. tracting oversight. As the ranking the region. The United States has hard- Such legislation should be considered member of the Committee on Small ly anything at all to create a stable in committee and before the full Sen- Business and Entrepreneurship, I am and viable government in Haiti, this in ate, rather than being attached to an committed to working with the other spite of the fact that the country is emergency spending bill. It is my hope committees of jurisdiction, including only miles from our shore. This legisla- that the Senate will work to amend the the Energy Committee, to ensure that tion provides $20 million to assist in ef- most damaging provisions of the REAL DOE and SBA do not undermine the in- forts at institution-building, law en- ID Act as soon as possible. tent of Section 6022 by using this com- forcement, and democracy promotion. I am pleased that the conference re- promise language to prevent small Significantly, this legislation is the port includes the ‘‘Save our Small and businesses from receiving their fair only vehicle available for disaster as- Seasonal Businesses Act’’ which makes share of DOE prime contracts. sistance to the countries affected by changes to the H–2B visa program. This Mr. BINGAMAN. I rise today in sup- the tsunami in the Indian Ocean. I need provision will provide great relief to port of H.R. 1268, the Emergency Sup- not remind anyone that this was likely many small businesses in Massachu- plemental Appropriations Act for De- the most catastrophic natural event in setts that count on foreign workers to fense, the Global War on Terror, and recent history, with nearly 200,000 peo- keep their seasonal businesses open. Tsunami Relief. ple in eight countries dying in just a Mr. President, I would also like to First, while this bill addresses many few hours. Over 100,000 are still miss- thank the conferees for addressing po- areas of concern, it is primarily fo- ing. Thousands had their homes, fam- tentially damaging anti-small business cused on providing the American mili- ily, and livelihoods swept away. The language in this bill which would have tary sufficient funds for its mission to cost in dollars is easily in the hundreds allowed small business subcontracts at aid Afghanistan in creating a strong of billions. the Department of Energy to be count- and stable nation and to ensure the se- It is imperative that the United ed as prime contracts and capped all curity necessary to rebuild Iraq. States step up to the plate and assist small business contracting goals at 23 Provisions in the bills to support in repair and reconstruction. We have percent. Section 6023 had strong bipar- American soldiers and their families, pledged almost a billion dollars to this tisan opposition from members of the such as increasing the death benefit effort, and this legislation provides an Small Business Committees and from gratuity for soldiers killed this year to initial $656 million to help people get other members concerned about pro- $100,000 and providing all members of back on their feet. A substantial por- tecting small business federal con- the armed forces with free meals and tion of the funding is directed toward tracting. The compromise language in- phone service, are the right thing to repairing replacing essential services— cluded in Section 6022 of the final do. We will no longer force men and roads and highways, telecommuni- version of this bill lays out a process women who volunteered to serve in one cations and energy infrastructure, and water and food distribution systems, for the Small Business Administration of the most dangerous environments to and so on. But portions of the funding and the Department of Energy to ex- recuperate without the support of are dedicated to other critical issues pand small business contracting. loved ones while charging them for that will allow these countries to get The compromise requires the Small their meals. Other important provi- back to baseline—programs designed to Business Administration and the De- sions, such as providing more money to assist women with new economic op- partment of Energy to develop a combat the effectiveness of improvised portunities now that they have lost the Memorandum of Understanding, MOU, explosive devices, or lED’s, and pro- provider in their families, programs de- on a methodology for measuring the viding $150 million for the purchase of signed to assist individuals with men- achievement of awarding prime con- up-armored humvees, will serve to pro- tal or physical disabilities as a result tracts and subcontracts to small busi- tect Americans already operating in of the tsunami, programs designed to nesses. It is my understanding that combat zones. The biggest danger to protect orphaned children from vio- MOU will in no way count the sub- Americans in uniform remains the IED; lence and exploitation and reunify contracts awarded by DOE’s manage- by using funds to both prevent the IED them with extended or immediate fam- ment and operations contractors to- from exploding and then ensuring that ilies, programs to provide loans, busi- wards DOE’s prime contracting goal. those that do go off near a humvee are ness advice and training in job skills so Section 6022 also requires DOE and defended against, I can safely say that new sources of income and new busi- SBA to conduct a joint study of we are working toward the ultimate nesses are developed; and programs to changes at DOE that would encourage goal of mitigating the largest source of stop the spread of disease, including greater opportunities for small busi- American casualties. avian flu. ness contracting, and it includes tem- I was also happy to see that the bill This bill provides funding for many porary relief for local small firms that also requires reports on the status of important causes which I fully support. are facing undue burdens as a result of training for both the Afghan and Iraqi But let me take a few moments to dis- contracts being broken out from large, security forces, so that the American cuss a few provisions about which I bundled management and operations public is not given arbitrary numbers have significant concerns. contracts. of successfully trained soldiers and po- First, the conference committee re- Mr. President, the Department of En- licemen without an understanding of moved a provision that I had included ergy has the worst small business utili- their capabilities. Just as importantly, in the Senate version of the bill that zation record of all Federal agencies. the bill states that the President would have helped Federal courts cover This compromise is an opportunity to should submit an appropriate budget costs associated with the substantial address the growing challenges facing amendment for FY 2006 by September increase in immigration related cases small firms as a result of contract bun- 1, 2005. filed as a result of recent border en- dling, the need for greater diligence by There are also some very important, forcement efforts. I strongly support the administration in its effort to meet non-military, provisions in this legisla- efforts to enhance our border secu- the 23 percent government-wide min- tion, nearly all of which I co-sponsored rity—indeed, I cosponsored an amend- imum goal for small business con- when it came to the floor. All will con- ment to this bill that was offered by tracting, and the need for greater man- tribute significantly to the establish- Senator ROBERT BYRD that provided agement and oversight by the Depart- ment of increased stability in regions funding to hire an additional 500 border ment of Energy of the contracting dol- throughout the world. For example, patrol agents and have consistently lars being awarded by the Agency. I the United States has done far too lit- voted to allocate additional resources hope the administration will use this tle to stop the genocide and atrocities to secure our Nation’s border. However, opportunity to improve small business that continue to occur in Darfur, we must also consider the impact that contracting at the DOE and will draw Sudan. This legislation specifically these enforcement measures are having on the conclusions of the ongoing stud- dedicates $50 million to support efforts on our Nation’s courts, especially in ies being released by the GAO to ad- by the African Union to bring a halt to districts along the border region. Since dress the current shortfalls in small the violence and another $90 million in 1995, immigration cases in the 5 south- business prime contracting and subcon- humanitarian assistance for refugees in western border districts—the District

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.023 S10PT1 S4836 CONGRESSIONAL RECORD — SENATE May 10, 2005 of Arizona, District of New Mexico, Probably one of the most significant tried to push through as part of last Southern District of California, and provisions in this legislation is the $308 year’s intelligence reform legislation. Southern and Western Districts of million added above what the President At that time, the 9/11 Commission op- Texas—have grown approximately 828 proposed to ensure that more humvees posed its inclusion. And the Senate percent. In 2003, overall immigration deployed in combat are adequately ar- managers of the bill prevented it from filings in U.S. District Courts jumped mored. Just as in the previous 2 years, being included in conference. 22 percent, and in 2004 they jumped 11 I have been deeply troubled by con- But now, the vast majority of the percent. Of these cases, 69 percent tinuing shortfalls in the administra- REAL ID language has been included in came from these 5 districts. tion’s plans for outfitting our troops the conference report before us. Al- We can’t just fund the enforcement with the protection they need. Over though I do not sit on the Senate Judi- side without considering what will hap- 1,600 U.S. troops have been killed in ciary Committee, I am concerned that pen to these individuals once they are Iraq since the beginning of the war in this package of provisions was never detained. This approach not only March 2003. And rarely a day goes by debated within that panel. I would note places a tremendous burden on our that one does not hear about an impro- that an effort to include the language courts, but it also threatens our na- vised explosive device or roadside bomb in the Senate version of the emergency tional security by limiting the ability seriously injuring an American there. supplemental was withdrawn after bi- of the courts and probation services to This conference report is a step in the partisan opposition to its inclusion. provide adequate case oversight. right direction to better prepare our This bill’s REAL ID provisions, Second, the REAL ID Act, which was among other things, would require attached to the bill by the House of troops for these threats, but more always needs to be done to ensure great- State departments of motor vehicles to Representatives, was included in the verify documents used to obtain driv- final version of the bill. Although the er security for our soldiers, sailors, airmen, and marines. We owe it to them ers licenses. This is an unfunded man- conference committee made several date—the language included in this bill minor modifications to lessen the im- to make sure they have the resources does not specifically appropriate any pact of these provisions, I remain to protect themselves as best they can. amount for this purpose. Reportedly, strongly opposed to this section of the And we owe it to their families here the National Conference of State Leg- bill. The REAL ID Act never received a at home to make sure that their sac- islatures estimates that REAL ID will hearing in the Senate and Republicans rifices are so honored. This bill also au- on the conference committee refused to thorizes the Department of Defense to cost States between $500 million and consult with their Democrat counter- increase to $500,000 the amount that $700 million over 5 years to implement. parts on this language. The bill make can be paid to surviving families of de- Many States are already dealing with it more difficult for legitimate asylum ceased servicemen and women. In addi- budget shortfalls. What impact will applicants to obtain a safe haven in the tion, this bill rightly includes trau- this additional financial have on United States and authorizes the Sec- matic injury insurance of up to $100,000 States’ abilities to provide basic serv- retary of Homeland Security to waive for military personnel seriously wound- ices for their residents? all legal requirements which could im- ed in action. These provisions are the These licensing regulations also raise pede the construction of a fence along least we as Americans can provide to privacy issues, as DMVs will gain ac- the border with Mexico. It also repeals the families of our men and women in cess to much private information. All provisions of the recently-passed Intel- uniform who are giving so much to our Americans, when renewing or obtain- ligence Reform and Terrorism Preven- Nation. ing a new license, will be subject to tion Act of 2004, which implemented Not all of this bill directly pertains these provisions. Certainly, some re- the recommendations of the 9/11 Com- to our troops deployed in Iraq and Af- form with respect to identification doc- mission. Specifically, the intelligence ghanistan, however. And while I sup- uments might be needed. But this par- reform bill charged the Department of port many of these provisions, there tisan and hasty approach is not the Transportation, in consultation with are some sections that give me pause. right way to do it—especially when the States, with promulgating ‘‘min- On the positive side, I am pleased by State governments are currently work- imum standards’’ for State driver’s li- the conference committee’s decision to ing to establish reasonable standards censes in order to prevent fraud or retain the amendment put forth by for reform that can be implemented. abuse. Without enhancing our national Senator WARNER to stop the Navy from These are only two of the many trou- security, the REAL ID Act repeals this downsizing its aircraft carrier fleet. We bling provisions of the REAL ID lan- section and replaces it with a system must retain the ability to quickly guage, which deal with issues as far that will be extremely difficult and project power around the globe, par- reaching as eligibility for asylum in costly for States to implement. I know ticularly as emerging powers in Cen- the U.S. and border security. I also have concerns about issues that these provisions will have a sig- tral and East Asia amass powerful that were left out of this bill. For ex- nificant impact on my home State of fleets in direct challenge to U.S. Naval ample, this bill does not include lan- New Mexico, and it is my hope that supremacy. And this amendment right- guage addressing the practice of ren- Congress will be able to revisit this leg- ly puts the brakes on the administra- ditions—the process whereby the U.S. islation in the near future. tion’s efforts to cut too deeply into our Thus, while there are some aspects of Navy’s critical assets. has reportedly transferred foreign pris- this supplemental request that remain In terms of homeland security, this oners, detainees, or combatants to troubling to me and many of my Sen- bill adds an additional $450 million other countries for interrogation pur- ate colleagues, I know that by sup- over the President’s proposal for more poses. Often, the countries to which porting this bill we are working to cre- border security and customs agents. I these people have been transferred are ate a more peaceful and stable world support these additional resources and known to practice torture. Yet, few community and meet more of the needs am pleased the conferees included specifics are known about the practice of our brave soldiers serving in Iraq them in this bill. of renditions. and Afghanistan. But this bill is not perfect. Indeed, I Nor does this bill address important Mr. DODD. Mr. President, I will vote have some serious concerns about pro- issues of accountability, such as the for the conference report because I be- visions that are included in the con- extension of the lifespan of the Special lieve we have few higher priorities than ference report before us. I also have Inspector General for Iraq Reconstruc- the safety and well-being of our troops concerns that certain important issues tion, or the SIGIR. The SIGIR has per- deployed in harm’s way. This legisla- are not addressed by this bill. formed admirably, but its doors will be tion is critical to the war efforts in First, I am greatly disappointed that closed years before it can complete its Iraq and Afghanistan, providing fund- the conferees decided to include the task of accounting for all American ing to purchase life-saving armor, re- majority of the text that makes up a taxpayer money devoted to the recon- plenishing stocks of spare parts and bill called the REAL ID Act. There are struction of Iraq. Senator FEINGOLD ammunition, and increasing the gov- many troubling provisions in this lan- filed an amendment that would have ernment’s financial support for the guage—virtually the same language fixed this problem. Unfortunately, the families of America’s fallen heroes. that Republican members of the House Republican leadership failed to support

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.025 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4837 his efforts, and the amendment was forum primarily devoted to quickly re- process and slipped this controversial ruled non-germane—even though the leasing funds for our troops around the and complicated proposal into the SIGIR had originally been created and world and veterans returning home. emergency supplemental bill, which we its authority subsequently extended as Ms. CANTWELL. Mr. President, the will have to approve because it pro- part of an emergency supplemental emergency supplemental appropria- vides the necessary support of our men bill. tions conference report before us today and women serving in Iraq and Afghan- All in all, this bill is a mixed bag. is a critically important piece of legis- istan as well as the vital relief for the But it contains critically important lation. This bill will ensure that our tsunami victims abroad. provisions to support our troops—spe- troops in Iraq, who put their lives on Immigrants have built New York and cifically, it will help provide some of the line for us every day, are properly this country from the bottom up. Our the equipment our troops need in order equipped and protected. It provides country was founded by and made to finish their jobs safely. Moreover, it vital funds to support the emergence of stronger by the hard work of immi- will help further the process of training a free Afghanistan, and it provides grants from all different countries, cul- Iraqi Army and police forces so that much-needed funding for tsunami re- tures, religions and races. I marvel how U.S. troops can finish their jobs and lief. our new immigrants remake our land, come home. I believe that it is incum- I am supporting this conference re- making it a better place, even as they bent upon this body to swiftly pass this port even though I strongly oppose the become new Americans. Just think of spending bill. That is why I intend to REAL ID provisions that are also in- how many recent, and expectant immi- support it when it comes to a vote. cluded. The REAL ID Act is a complete grants now serve in our Armed Forces, Mr. CHAFEE. Mr. President, today overhaul of our immigration laws that some of whom have made the ultimate the Senate considers the conference re- would, amongst other things, impose sacrifice for our Nation in Iraq and Af- port on the President’s emergency sup- complicated new driver’s license re- ghanistan. I am proud that New York plemental appropriations bill. Unfortu- quirements on States, make it harder is still an epicenter for immigrants. nately, the REAL ID Act which had for refugees at risk of persecution to be Just like my ancestors came over from been attached in the House bill was in- granted asylum, and suspend all envi- Europe many decades ago, the new gen- cluded in the final measure. ronmental laws along the U.S. border. erations of people just like us are be- The REAL ID Act should have been This language will result in the most ginning to take root, making our coun- debated as a part of comprehensive im- significant changes to our immigration try, our economy, and our culture that migration reform. By attaching REAL policy in 10 years. While we have long much stronger and diverse. ID to a must pass spending measure, recognized the need for comprehensive So any bill that makes such dramatic the critical process of vetting the bill immigration reform, this debate has no changes to our immigration laws in committee was circumvented and an business taking place as part of an should be looked at carefully and con- opportunity for discussion and debate, emergency spending bill. Legislation of sidered judiciously. We must never which is essential for effective legisla- this importance deserves to be the sub- bend in our determination to secure tion, was denied. ject of focused study and serious de- our borders and protect our Nation There are many concerns I have with bate. Passing REAL ID without careful from harm. But nor can we forget what REAL ID in addition to the process consideration is reckless, irresponsible, makes our Nation great. These debates used to bring it to the floor. First, the and a disservice to the American peo- and decisions must be reasoned de- measure is an unfunded mandate to the ple. bates, not take-it-or-leave-it ulti- States. Furthermore, unless every Mr. SCHUMER. Mr. President, in this matums strategically devised for par- State complies, the Federal Govern- post-9/11 world, it has never been so im- tisan political benefit. ment will have to mandate the cre- portant to work seriously and carefully There are provisions in this bill, for ation of a national ID. Between the on efforts to enhance our border secu- instance, that will make it harder for creation of a new database and ap- rity. people persecuted on the basis of their proval system, training for DMV work- We in New York are particularly cog- race, religion, national origin, or gen- ers, and struggling State budgets, nizant of the need for comprehensive der abroad to pursue asylum and the REAL ID will impose real costs. efforts to make our borders, our ports, American dream. More importantly, a database of this our critical infrastructure, and our air- type will open up many privacy con- ports as secure as possible. Like no There are other provisions that cerns and there must be security safe- other place in America, like no other would allow bail bondsmen to play guards in place to prevent the gathered place in the world, New Yorkers I rep- judge and determine which immigrants information from being obtained inap- resent know what terrorism looks like, are dangers to the community. propriately. feels like, and costs to our commu- These are major changes to our laws, Many States, including Rhode Island, nities, the economy and our psyches. and we have a system to debate, dis- have already passed legislation setting It is crystal clear to almost everyone cuss and vote on such changes. No bill their own requirements for driver’s li- that there are many questions that raising so many questions on issues of cense recipients. The Federal Govern- need to be answered about how we se- such fundamental importance should ment should not impinge upon the cure our borders. As a member of the escape an honest debate in the Senate. States’ ability to decide who can and Judiciary Committee and a Senator I urge my Republican colleagues to cannot drive on their roads, especially from New York, an enormous amount rethink this strategy and allow the without the funding to support the of my time and energy is devoted to Senate to do its work the right way. idea. REAL ID will put more drivers on just those questions. And indeed, I Mr. BROWNBACK. Mr. President, I the road without licenses and without don’t think we are doing enough to se- am pleased that we are voting on the insurance. cure our borders. But sneaking drastic final passage of the Emergency Supple- I am also concerned about another changes to our immigration laws into a mental Appropriations Act for Defense, provision of the REAL ID Act that must-pass measure supporting our the Global War on Terror, and Tsunami would allow for the waiver of all laws— troops is not the way to address these Relief, 2005. Federal, State, and local—to build bar- Issues. I commend my colleagues, especially riers and roads at our borders. As a Opinions are mixed about how effec- Chairman COCHRAN, for working dili- strong advocate of environmental pro- tive the REAL ID bill will be in en- gently to see that the Senate act tection, I am troubled about blanket hancing national security. But regard- quickly to address the needs of our waivers from environmental laws like less of what you might think about the troops in Iraq and Afghanistan and the Endangered Species Act and the merits of the bill itself—I, for instance, emergency humanitarian needs world- National Environmental Policy Act. have serious concerns regarding the wide. Americans everywhere are grate- The REAL ID Act, at its best, should impact of its asylum provisions—this is ful for the efforts of our troops who be a catalyst for discussion of com- an issue that requires serious debate. fight on the front lines of the war on prehensive immigration reform. That Instead, the Republican leadership has terror. They have made personal sac- discussion cannot take place in a completely bypassed the committee rifices for the liberty of all Americans,

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.031 S10PT1 S4838 CONGRESSIONAL RECORD — SENATE May 10, 2005 and we must support them by pro- included in this bill without adequate I conclude by pointing out that appli- viding them with the very best equip- debate or scrutiny. What concerned me cations for asylum have fallen from ment. most of all about the REAL ID bill is 140,000 to just over 30,000 per year, and The conference report includes much that it undermines America’s moral the numbers of those who are actually needed funding for humanitarian as- authority by turning away legitimate granted asylum has fallen to about sistance in areas of the world dev- asylum seekers fleeing tyranny. This 10,000 per year. Individuals fleeing per- astated by famine, disaster and war. language was added based on a claim secution must already meet a high bur- I am especially pleased that we have that our asylum system can be used by den of proof and undergo intensive se- provided $90 million for international terrorists to enter the country. This is curity measures to obtain asylum. disaster and famine assistance for not the case. While I recognize the importance of se- Darfur, Sudan and other African coun- However, I would like to thank my curity in the post-9/11 environment, I tries including Ethiopia, Liberia, Ugan- colleague Chairman SPECTER for work- am committed to ensuring legitimate da, and the Democratic Republic of ing diligently to successfully soften asylum-seekers a haven without impos- Congo. The situation in Sudan remains some of the harsher language in the ing unrealistic barriers. dire and there are several other coun- asylum provisions. As originally draft- In addition to the asylum revisions, I tries in the region that will also great- ed, the REAL ID Act would have cre- am extremely pleased that we were ly benefit from these funds. ated significant and additional barriers able to secure the repeal of the arbi- The conference report also includes for refugees fleeing persecution to ob- trary 1,000 annual cap placed on refu- necessary peacekeeping dollars that tain asylum. will address the security needs of mil- REAL ID would have greatly in- gees fleeing coercive population con- lions of oppressed people. First, it pro- creased a refugees’ burden of proof to trol. This, along with the lifting of the vides $50 million in funding for the Af- establish their eligibility for asylum. asylum adjustment cap, will enable rican Union mission in Darfur. It is the At the whim of an immigration judge’s those who have fled persecution, in- experience of many on the ground in discretion, refugees would be required cluding forced abortions, to become Darfur that atrocities do not occur to produce corroborative evidence of legal permanent residents and enjoy when AU troops are present, and this their claims of persecution or prove the security and benefits that go along funding should facilitate an expansion that the central intent of their perse- with that status. of their mission. I thank my col- cutors was to punish them for their The importance of the supplemental leagues, Senators CORZINE, DEWINE, race, religion or political beliefs even bill is not to be understated. Our DURBIN, LEAHY and MCCONNELL for in cases where the refugee’s testimony troops are valiantly protecting human their tireless work to get this money was already credible. freedoms and deserve our support. The included in the bill. Security is para- The facts are quite obvious: persecu- humanitarian crises around the world mount to ensuring an end to the vio- tors are not going to issue official doc- resulting from natural disasters such lence that persists in Sudan, killing an uments explaining their actions. In ad- as the tsunami, and resulting from estimated 15,000 people per month. dition, proving the mindset of those human rights atrocities such as geno- Second, the conference report directs who carry out killings, torture and cide, cannot be ignored by a country $680 million to general peacekeeping other abuse is next to impossible. Even such as ours. I thank my colleagues for operations in other war-torn areas if this were possible, those who flee a working to get this bill to the Presi- worldwide. The United States contribu- country often times don’t have time to dent. tions to these missions are important gather up the proper documentation IRAQ SECURITY FORCES FUND to security and stability on a global they may later need in an American level. immigration court. Mr. DURBIN. Mr. President, an im- I commend the inclusion of $5 million The incorporated revisions would portant component of this $82 billion for assisting internally displaced per- make an immigration judge take into Emergency Supplemental Appropria- sons in Afghanistan and $120.4 million account the totality of the cir- tions conference agreement is the $5.7 for migration and refugee assistance cumstances when evaluating an appli- billion appropriated for the Iraq Secu- for worldwide refugee protection and cants claim and would not be able to rity Forces Fund. I commend Senators for the President to meet his goals for discard a claim for subjective reasons. STEVENS and INOUYE, the chairman and refugee admissions this year. I want to clarify that the triers of ranking member of the Defense Appro- While all of these earmarks will pro- fact must consider all relevant factors priations Subcommittee, for their ef- vide much needed protection and as- and base any adverse credibility deter- forts in securing the full budget resistance to the world’s poorest and op- minations on a consideration of all of quest for this important effort. Secu- pressed people, I am extremely dis- those factors. The findings must be rity must be a high priority in Iraq. appointed that the Darfur account- reasonable. It would not be reasonable The sooner the Iraqis develop their own ability amendment was stripped in con- to find a lack of credibility based on capacity to stabilize and secure their ference. The amendment which was in- inconsistencies, inaccuracies or false- country, the sooner our men and cluded by the Senate, would have hoods that do not go to the heart of the women in uniform can come home to placed targeted sanctions in the form asylum claim without other evidence their families. of a travel ban and asset freezes on in- that the asylum applicant is attempt- An important part of security in Iraq dividuals who are committing war ing to deceive the trier of fact. involves communications systems. The crimes and crimes against humanity in I also understand that when assessing deployment of an Advanced First Re- Darfur. It would also have directed the demeanor, triers of fact must take into sponders Network, AFRN, throughout administration to pursue certain poli- consideration the individual cir- Iraq will begin to address the current cies at the U.N., including multilateral cumstances of the asylum applicant, lack of mission-critical public-safety sanctions and an arms embargo against such as his or her cultural background, communications capabilities. The Sudan as well as the establishment of a educational background, gender, state AFRN system, when deployed through- no-fly zone over Darfur. of mind, history of trauma, and other I appreciate my Senate colleagues’ factors. out Iraq, will allow for focused coordi- support of this measure and look for- I remain concerned about how the nation of security planning and execu- ward to working together to move this asylum provisions will affect the adju- tion, rapid data collection and analysis as stand-alone legislation in the near dication of claims by children. Adju- of changing security threats, rapid co- future. It is my hope that the adminis- dicators cannot realistically hold these ordination and deployment of security tration will publicly address their con- children to the same burden of proof assets to address threats, effective cerns with this bill so that we may and standards of persuasion as adult planning to reduce/prevent future secu- move swiftly to enact the very impor- asylum-seekers. For example, children rity threats, and a more secure envi- tant provisions that will help alleviate reasonably cannot be expected to pin- ronment that will foster democracy the ongoing genocide. point a central motive of persecution and economic development. I am also disappointed that such and provide corroborating evidence of The AFRN infrastructure in Iraq has sweeping immigration provisions were their persecution. been designed to address needs

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.105 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4839 throughout the country, including bor- Ms. COLLINS. Mr. President, I rise leagues, in concert with Senator LOTT, der regions and pipelines. However, ad- today in support of this urgently need- to send a letter to President Bush ex- ditional funding is needed to meet this ed funding for our soldiers, sailors, air- pressing our strong opposition to any objective. men and Marines fighting around the ‘‘winner take all’’ competition for Mr. President, I would like to inquire world. Specifically, I would like to DD(X). of the chairman and the ranking mem- thank my colleague and friend from We all agreed that any instability or ber, Senators STEVENS and INOUYE, Mississippi, the distinguished chair- delay in the DD(X) program at this whether continued funding of the man of the Appropriations Committee, time could lead to the permanent exo- AFRN could be a qualified activity Senator COCHRAN, for his commitment dus of skilled men and women from the within the $5.7 billion included in the to our Nation’s Armed Forces. last remaining shipyards that produce conference agreement for the Iraq Se- I particularly want to express my our complex surface combatants. Con- curity Forces Fund? support for the provision dealing with struction of surface combatants at a Mr. STEVENS. Mr. President, I DD(X) destroyers. This bill includes a single shipyard would affect the Navy’s thank the Senator from Illinois for this critical provision to prohibit the use of ability to keep costs lower in the long question. Yes, I believe that funding funds by the Navy in conducting a ‘‘one term. for the AFRN could be an eligible ac- shipyard’’ acquisition strategy to pro- The recently-passed Senate budget tivity within the funding we are procure next-generation DD(X) destroyers. resolution included a sense of the Sen- viding in the Iraq Security Forces The Navy serves not only as a central ate on the acquisition DD(X) that cor- Fund. I cannot guarantee the Senator pillar of our Nation’s military strat- rectly emphasized that the national se- any particular level of funding will be egy, but also as a symbol of American curity of the United States is best provided, but I do agree with him that strength abroad. It is crucial that not served by a competitive industrial base continued work on the AFRN is impor- only do we have the most capable fleet, consisting of at least two shipyards ca- tant. but also that we have sufficient num- pable of constructing major surface Mr. INOUYE. I concur fully with the bers of ships . . . and shipbuilders . . . combatants. chairman. to meet our national security require- The Congress has spoken very loudly, Mr. DURBIN. I thank Senators STE- ments. and very clearly on this rapid change VENS and INOUYE for their insight into Unfortunately, the Navy has pro- in direction. It is in our national inter- this matter. posed to radically change the acquisi- est to have two major surface combat- AUSTRALIAN NATIONALS tion strategy for DD(X) destroyers in ant shipyards. This appropriations bill Mr. KYL. Mr. President, will the Sen- such a manner as to ensure that there is good for the Navy, good for our ship- ate Majority Leader yield for a ques- is only one shipyard involved in major builders, and good for our Nation. tion? surface combatant production. If im- I urge my colleagues to support this Mr. FRIST. I would be happy to plemented, the Navy’s ill-advised pro- legislation and funding for our men and yield. posal to go forward with a ‘‘one ship- women in uniform serving around the Mr. KYL. I thank the distinguished yard’’ competition for DD(X) between world. Senate Majority Leader. I am pleased General Dynamics’ Bath Iron Works in Mrs. FEINSTEIN. Mr. President, I to see that the Frist Amendment, Bath, ME, and Northrop Grumman will vote to support the conference re- adopted by the Senate during consider- Ship Systems in Pascagoula, MS, port on H.R. 1268, the fiscal year 2005 ation of the supplemental appropria- would jeopardize our national security Supplemental Appropriations bill, al- tions bill, is included in this conference and our industrial capacity. though I have serious reservations report. The Frist Amendment creates a We need to move forward with DD(X) about the process that was used to at- new E–3 visa sub-classification for Aus- at both shipyards, as originally tach the REAL ID Act to legislation tralian nationals. I would be grateful if planned. Holding a competition will in- urgently needed to ensure our troops Senator FRIST would clarify a couple of evitably delay DD(X) acquisition and are adequately funded. technical points relating to his amend- increase the costs to taxpayers. I am voting for this legislation be- ment. It is my understanding that the The fleet needs the capabilities of a cause it provides needed support to our E–3 visa would not be limited to em- DD(X) destroyer that will provide sus- troops in combat, additional border pa- ployment that is directly related to tained, offensive, and precise firepower trol agents to secure our porous fron- international trade and investment, as at long ranges to support forces ashore tiers, vital relief to areas affected by are the E–1 and E–2 visas. Could the and to conduct independent attacks the recent tsunami in the Indian Senator confirm that this is his inten- against land targets. These systems Ocean, and important disaster relief tion? will provide a naval or joint task force here at home. Mr. FRIST. I thank Senator KYL for commander with the multimission My colleagues have noted that this his question. He is correct in his under- flexibility to destroy a wide variety of legislation funds important needs for standing that the E–3 visa would not be land targets while simultaneously our military, from additional up-ar- limited to employment that is directly countering maritime threats. mored humvees to increased death ben- related to international trade and in- Moreover, DD(X) will take advantage efits for those who have lost their lives vestment. To qualify for an E–3 visa, of advanced stealth technologies, in service to our Nation in Iraq and Af- an Australian national must be seeking which will render it significantly less ghanistan. employment in a ‘‘specialty occupa- detectable and more survivable to I agree with my colleagues that it is tion,’’ as that term is defined in the enemy attack than the current class of vital that we get these resources to our Immigration and Nationality Act, and ships. It will also operate with signifi- men and women in uniform without the U.S. employer must have obtained cantly smaller crews than current de- delay. a certified labor attestation from the stroyers. However, I have serious concerns Department of Labor. In other re- Conducting a competition for these about the process by which controver- spects, such as visa application proce- ships, or implementing a ‘‘one ship- sial immigration provisions were at- dures, periods of admission, dependent yard’’ acquisition strategy further ex- tached to the bill. admissions, and spousal work author- acerbates the decline in America’s And I want to again express my oppo- izations, the rules applicable to the shipbuilding employment that has sition to the inclusion of the REAL ID new E–3 visa will be the same as for shrunk by an overwhelming 75 percent Act—despite the negotiated changes other E visa holders currently. Also, since the late 1980s. during conference—because an emer- Australian nationals will continue to This supplemental appropriations gency supplemental is not the place for have access to all existing categories of bill continues to build upon the work the Congress to enact substantive im- visas to which they are currently enti- many of my colleagues and I during the migration provisions. tled. past several months to thwart the The REAL ID provisions included in Mr. KYL. I thank the Senate Major- Navy’s attempt to have only one ship- this legislation will bring about signifi- ity Leader for these few points of clari- yard capable of building DD(X)s. On cant legal and policy changes in the fication. March 1, I joined 19 of my Senate col- areas of asylum law, judicial review,

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.033 S10PT1 S4840 CONGRESSIONAL RECORD — SENATE May 10, 2005 deportation of individuals alleged links this legislation. The House and Senate Forest Service estimates that 2.3 mil- to terrorist activities, driver’s licenses conferees included $1.128 billion to sup- lion acres of National Forest System and the border fence. port military construction projects lands are inaccessible to ground-based And while I recognize that there were worldwide. fire vehicles. modifications to the REAL ID Act dur- This includes $250 million for projects The Forest Service tells me that they ing conference—including provisions requested by the Army in Alaska, Colo- need to begin work immediately on relating to bounty hunters—we are rado, Georgia, Kansas, New York, roads to allow access for the 2005 fire still talking major changes to our im- North Carolina, and Texas, to support season. They already have contractors migration laws and I don’t believe the Army modernization. working and will add to their contracts Senate was given adequate opportunity The bill also includes $647 million for as funding is available. They have done to review, consider, debate and amend the Army to support the global war on the necessary damage assessments to these issues. terror—$38.5 million for projects in Af- enable immediate start up of work. Any voices of opposition to the ghanistan, $40.4 million for a prison With the $24 million in this con- REAL ID Act were all but silenced. I and security fence in Cuba, $479 million ference report, the Forest Service can was a member of the conference com- for projects in Iraq, and an additional open the majority of roads to accom- mittee, but I was not able to see the $39 million for the design of these modate fire apparatus by July and Au- final language until the bill was ready projects. gust, which is still the early part of to be filed and it was too late to do In addition, there is $140 million in- this year’s fire season. I thank Chairman COCHRAN, Senator anything. Essentially, the minority cluded in the bill to support the Marine BYRD, Interior Subcommittee Chair- was shut out of the conference negotia- Corps Force Structure Review Group to man BURNS and Senator DORGAN, as alleviate the overall stress on the Ma- tions on this bill. well as their able staffs for helping to The REAL ID Act wasn’t the only rine Corps produced by deployments re- secure this funding in the Senate bill. immigration language added to this lated to the global war on terrorism. I also thank House Chairman LEWIS bill in which the Democrats were shut These projects are located in Cali- for working with us in the conference out. fornia, North Carolina, and Djibouti. committee on an issue that is crucial For instance, the Republican leader- The bill includes $141 million to sup- to preventing a repeat of the dev- ship added language at the eleventh port Air Force projects in Central Com- astating fires our State suffered in hour, postcloture, which creates a new mand—$31 million for Afghanistan, $58 2003. temporary worker program for 10,500 million for projects in Iraq, $1.4 million I want to briefly highlight one last Australian workers. for the United Arab Emirates, $42.5 issue that is important to me, and I be- So each year now we will see an in- million for Uzbekistan, and an addi- lieve to the prospects for peace in the flux of 10,500 Australian workers, along tional $8 million for the design of these Middle East. with their families. Assuming that projects. This conference report includes a each of these professional workers Let me turn to an issue that is of provision that I offered to provide legal brings their spouse and child, in reality particular importance to me and to my authority for a Federal agency, the we could be seeing an increase of 31,500 State—and that is preventing and Overseas Private Investment Corpora- individuals each year—in addition to fighting wildfires that have struck the tion, OPIC, to receive $10 million to the other categories of professional West with increasing regularity and in- help bolster economic and infrastruc- workers, such as H–1B and L–1 workers. tensity in recent years. ture development in the Gaza Strip. At what point do we stop creating As many of my colleagues know, OPIC is combining forces with pri- special carve outs for different groups southern California was hit this winter vate organizations to build a $250 mil- of people or different countries? And with unusually heavy rain storms that lion loan fund that would be aimed at after Australia, what country is going caused severe flooding—at this point it microfinance, small business, cor- to come to us and ask for special excep- is the second wettest winter in Los An- porate and mortgage lending to deserv- tions to our immigration laws? geles since records have been kept. ing businesses, firms and entities in I am pleased that the conference These storms dumped 70 to 90 inches the Gaza Strip and West Bank. committee came to a reasonable com- of rain in parts of southern California A meeting is being held this coming promise on the issue of funding addi- that include several national forests, week in London among the various tional Border Patrol agents. The con- causing flooding, debris flows, and loan fund participants to continue ference report makes available $635 mudslides which destroyed or damaged sorting out appropriate financial and million to address understaffing at our more than 90 percent of the roads in legal mechanisms for distributing borders. four National Forests: Angeles Na- these funds. As the group moves forward, this $10 While this is a reduction from the tional Forest; Cleveland National For- million subsidy will play a crucial role amount provided by the Senate, it will est; Los Padres National Forest; and in extending OPIC political risk guar- provide for 500 new Border Patrol San Bernardino National Forest. antees for loans to deserving Pales- agents, 50 additional Immigration and The conference report provides $24.39 tinian business recipients and I was Customs enforcement investigators, 168 million in capital improvement and pleased to assist in this process. detentions officers, as well as needed maintenance funding to the Forest On a larger scale, as we begin the support staff and construction of addi- Service to repair those roads. This process of Gaza disengagement, we tional detention space. funding will make it possible to repair need to help provide the Palestinians This is a good start toward meeting roads that are vital to firefighting ef- with real economic hope—not contin- the goals of the Intelligence Reform forts for thousands of acres in these ued frustration about the lack of jobs and Terrorism Prevention Act, which forests. and exports. authorizes the hiring of 2,000 new Bor- We all know about the disastrous The lack of agreed mechanisms to co- der Patrol agents. That goal was devel- wildfires that burned in southern Cali- ordinate disengagement, developing an oped in concert with the recommenda- fornia in 2003. Fires burned 739,597 agreed concept on how Palestinian se- tions of the 9/11 Commission. acres, destroyed 3,631 homes, and killed curity forces will take over areas evac- I look forward to working with my 24 people, according to the California uated by Israeli defense forces, and per- colleagues on the Homeland Security Department of Forestry. mitting greater freedom of movement, Appropriations Subcommittee to en- San Bernardino Forest Supervisor between Gaza and the West Bank, to sure that next year we continue to hire Gene Zimmerman told my staff that he assist with rehabilitation efforts are additional agents to secure our bor- has never seen the grass grow as high just a few areas of concern. ders. Unfortunately, President Bush’s as it has this year, and it is starting to I hope the $150 million provided by budget for fiscal year 2006 only pro- turn brown—which means it could burn this conference report will contribute vides for 210 additional agents, which is later this year. to framing key security and economic simply not enough. Here is the biggest difference from arrangements that allow Gaza dis- I would like to briefly comment on 2003: right now, firefighters cannot get engagement to occur peacefully and the military construction portion of in to the forests to contain fires. The not violently.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.060 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4841 Although I am troubled by the inclu- lect documents proving the date of venting terrorists from obtaining asy- sion of the REAL ID Act in this bill, birth, social security number, principal lum—which is forbidden under current the bottom line is that it provides nec- address, and lawful immigration status law—this conference report raises the essary funding to our troops in Iraq for any applicant seeking a driver’s li- standard of proof for all asylum seek- and Afghanistan, as well as relief to cense or identification card that would ers. The REAL ID Act’s asylum provi- countries struck by the Tsunami in the be recognized by the Federal govern- sions are opposed by a wide variety of Indian Ocean and disasters here at ment. States would be required to keep religious organizations from across the home. It may not be perfect, but it these documents on hand for a min- political spectrum, as well as advo- gives vital financial support to those imum of 7 years, maintain this infor- cates for refugees and asylees. The who badly need it. mation on a database, and allow elec- United States Conference of Catholic Mrs. BOXER. Mr. President, I will tronic access to all other states. Bishops has said that the asylum provi- vote in favor of the fiscal year 2005 States are understandably concerned sions in REAL ID would ‘‘eviscerate Emergency Supplemental Appropria- that they do not have the capability to the protection of asylum, thus pre- tions conference report. This con- meet this mandate. Privacy concerns venting victims of persecution from reference report contains important have also been raised. ceiving safe haven in the United funding that gives our troops in Af- Unfortunately, we have not had the States.’’ ghanistan and Iraq the equipment and ability to fully investigate the privacy Third, this conference report includes support they need. It also provides ad- implications and other issues related the REAL ID Act’s breathtaking waiv- ditional resources to help train new to this provision. My State of Cali- er of Federal law. The Secretary of Iraqi security forces that will help fornia has worked for 3 years trying to Homeland Security will now be empow- speed the return of our servicemen and find a workable solution to this issue. ered to waive any and all laws that women. But in the Senate, the REAL ID Act may get in the way of the construction In March, I traveled to Iraq to wit- did not even warrant a hearing. This is of fences or barriers at any United ness firsthand our military operations. why the National Governors Associa- States border. The Secretary already There is no doubt that the insurgency tion, the National Council of State has broad authority in this area, and to is strong and that our continuing pres- Legislatures, and the American Asso- further increase it demonstrates a lack ence in Iraq, without even a goal for ciation of Motor Vehicle Administra- of concern both with environmental leaving, is fueling it. tors all oppose this legislation. protection and the rule of law. Therefore, our troops are in grave The REAL ID Act also contains a Fourth, the conference report repeals danger every day, as evidenced by the troubling provision that allows the the minimum Federal standards for tragic number of dead and wounded. Secretary of Homeland Security to driver’s licenses that Congress passed Since the beginning of the Iraq War, we waive all legal requirements—includ- only last December in the intelligence have suffered more than 1,600 deaths ing environmental laws—in order to reform bill, in response to the rec- and more than 12,000 wounded. build security fences along U.S. bor- ommendations of the 9/11 Commission. My trip to Iraq confirmed my fears ders. Security fences can be built with- The Bush administration said that it that not enough is being done to pro- out waiving environmental laws. preferred the approach taken in the tect our soldiers from the threat of So, while I will vote for this bill be- conference report to the approach fa- roadside bombs. Roadside bombs are cause it helps our brave and coura- vored by the House, which is contained one of the leading causes of death in geous troops, I am deeply distressed at in the REAL ID Act. The House ap- Iraq and are responsible for 70 percent the way Democrats were left out of all proach, now included in this conference of those personnel killed or wounded. the immigration discussions. report, replaces the newly enacted min- That is why I am glad that the con- Mr. LEAHY. Mr. President, I am dis- imum standards with Federal man- ference report provides $60 million to mayed that nearly all of the provisions dates that I fear will be unworkable. rapidly field electronic jammers that of the REAL ID Act have been included The administration and the States help prevent the detonation of roadside in this conference report after closed- have already devoted substantial en- bombs. This is consistent with the door negotiations between House and Boxer amendment that was adopted on ergy to implementing the existing Senate Republicans. Democratic con- the floor during the Senate’s consider- standards, and this conference report ferees were excluded from these nego- ation of the bill. may represent a step backwards in our I am also pleased that the conference tiations. Indeed, my staff specifically security. report provides $150 million in addi- asked the conferees for the majority to These new provisions will endanger tional funding for up-armored be included in negotiations on these the lives of victims of domestic vio- Humvees. While this is not as much as far-reaching provisions—which have lence, including U.S. citizens. Many provided by the Bayh amendment, it is never received Judiciary Committee States currently allow victims of still a step in the right direction. consideration—but our request was ig- abuse—who frequently are hiding from I will vote for this conference report, nored. their abusers—to obtain driver’s li- but I do so with serious reservations I oppose the inclusion of these provi- censes that do not list their address. about the lack of an exit strategy in sions for a number of reasons. First This conference report will require all Iraq and with additional reservations and foremost, this is not the way we licenses to bear the recipient’s address; about the way the REAL ID Act was should be legislating comprehensive unfortunately, it contains no exception attached to this legislation. changes to our immigration laws. The for victims of domestic abuse or stalk- The REAL ID Act contains sweeping Judiciary Committee never considered ing. If a victim of domestic abuse or changes to our immigration laws. them. The Senate never voted on them stalking is forced to disclose her phys- These provisions were not included in when the supplemental appropriations ical residence in order to get a Feder- the President’s supplemental appro- bill was being debated. Indeed, Senator ally-approved driver’s license, she risks priations request, nor were they in- ISAKSON offered an amendment that in- the possibility that she and her chil- cluded in the Senate version of the bill cluded the text of REAL ID but then dren will be tracked down by their that was approved last month. withdrew it, reportedly under pressure abuser. For women and children fleeing But at the insistence of the Repub- from his own leadership. Many of us be- domestic abuse or stalking, the option lican leadership in the House, this leg- lieved the Senate would vote down the to use an alternate address is not a islation was attached to the House Isakson amendment, especially consid- matter of convenience or preference; it version of the emergency supplemental ering that six Republican Senators had can be a matter of life or death. We bill and then rammed through con- joined six Democratic Senators in writ- must fix this residential address reference without the participation of ing to the majority leader to oppose in- quirement when we reauthorize the Vi- Democrats. The REAL ID Act will be- cluding REAL ID in the supplemental olence Against Women Act later this come law without discussion or debate appropriations bill. year by creating an exemption for vic- in the Senate. Second, I am concerned that the tims of domestic abuse or stalking. The REAL ID Act contains a provi- REAL ID Act will cause great hardship Fifth, the conference report would sion that would require states to col- for asylum seekers. In the guise of pre- eliminate habeas corpus review for

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.061 S10PT1 S4842 CONGRESSIONAL RECORD — SENATE May 10, 2005 aliens who have received removal or- opportunity to apply for visas. Unfor- There has been no real opportunity for ders. We have not taken such a step in tunately, that bill was opposed by a debate of the ‘‘REAL ID’’ amendment. this country for more than a century, number of Republican Senators and Its inclusion in this must-pass bill sub- but we are taking it now, without the never received a vote. Our constituents verts the work of the Regulatory Nego- Senate even considering the measure. suffered the consequences, and I am tiation Advisory Committee that was Overall, the REAL ID provisions in gratified that we are prepared to pro- established in last year’s intelligence this conference report need a much vide relief. overhaul bill to provide a thoughtful wider airing and consideration before Mr. JOHNSON. Mr. President, thou- and carefully crafted approach to driv- enactment. Unfortunately, Republican sands of men and women are proudly er’s license legislation. Because we are conferees agreed to exclude the Demo- serving in Iraq and Afghanistan. While now faced with a conference report on crats from consideration of these pro- the majority will return home to their emergency funding, no further amend- posals and a group of Senate and House loved ones, more than 1,700 have paid ments will be permitted and Senators appropriators have agreed to change the ultimate sacrifice to their country, must vote yes or no on the entire pack- our immigration laws in profound and nearly 13,000 have been wounded in age. ways. action. Even after Iraq’s historic elec- The REAL ID amendment will saddle On a much more favorable note, I am tions in January, violence continues on the States with a $500 million unfunded pleased that the conference report in- a daily basis with no end in sight to mandate over the next 5 years, while at cluded, with minor modifications, the the insurgency. the same time, complicating the Senate-passed provision to provide re- Today, the Senate is preparing to ap- issuing and re-issuing of drivers li- lief to the small and seasonal busi- prove another massive supplemental censes. State employees will be re- nesses across our nation that rely on appropriations request from the Bush quired to assume the duties of the Fed- temporary foreign workers who come administration to fund ongoing oper- eral Immigration and Naturalization here on H–2B visas. I cosponsored the ations in Iraq and Afghanistan. The Service at a time when States are al- Senate amendment, offered by Senator most recent request of $82 billion ready reeling from Federal cuts in MIKULSKI, to make additional visas makes it the second largest supple- Medicaid, education, and community available for aliens who wish to per- mental appropriations measure Con- development funding. With no oppor- form seasonal work in the United gress has ever passed and brings the tunity for amendments or expert testi- States. For the second year in a row, total amount of appropriated funds to mony, Congress is being required to es- the statutory cap on such H–2B visas $275 billion. tablish what amounts to a national ID was met before businesses that need I support this supplemental request card. While the goal of establishing additional summer employees were because I firmly believe that Congress more secure driver’s licenses in the even eligible to apply for visas. This has an obligation to provide our troops post-9/11 world is vitally important, it has hurt businesses across the country, with all the resources they need to should be the responsibility of the Ad- and this amendment will provide need- complete their mission. While I am visory Committee. Forcing this ill-con- ed relief. deeply troubled by the Bush adminis- sidered amendment past Congress on In Vermont, the main users of these tration’s continued practice of funding the back of an unrelated bill that pro- visas are hotels, inns and resorts that our efforts in Iraq and Afghanistan vides needed funds for our troops is have a busy summer season. I have through supplemental appropriations wrong and a disservice to the American heard from dozens of businesses in requests rather than the normal an- people. Vermont over the past year that have nual appropriations process, the bill I am uncomfortable conducting Sen- struggled mightily to manage without contains too many important resources ate business in this manner, particu- temporary foreign labor. I know that for our troops not to support it. larly when it comes to issues that af- the Lake Champlain Chamber of Com- This bill includes additional funding fect the security of our personal iden- merce, the Vermont Lodging & Res- above the President’s request for essen- tity. These provisions were attached to taurant Association and many small tial items such as up-armored Army a vital appropriations bill before au- businesses in Vermont are vitally con- Humvees, add-on vehicle armor kits, thorizing Senate committees of juris- cerned and expect that similar associa- night vision equipment, and radio diction had an opportunity to properly tions and businesses in other States jammers that disrupt remote-con- scrutinize the content, conduct hear- are, as well. trolled bombs used by Iraqi insurgents. ings, and pose questions to administra- Indeed, a wide range of industries use In addition, Congress recognizes the ex- tion officials and other interested indi- these visas in other States. I imagine traordinary sacrifices our soldiers are viduals. Even more astounding, Demo- that nearly all Senators have heard making in defense of freedom by in- crats were not included in negotiations from a constituent who has been creasing the amount of life insurance to determine the immigration provi- harmed by the sudden shortage of H–2B servicemembers can purchase, as well sions of this bill. visas, and fear that they will go out of as the one-time death gratuity a sol- On matters as important as immigra- business if Congress does not act to dier’s surviving family members re- tion reform and homeland security, it make more visas available. ceives. is misguided and short-sighted to pass The conference report does not raise Having said that, I have deep con- legislation in this ad hoc fashion. Forc- the cap on the program, but rather al- cerns about this most recent supple- ing Senators to support funding for our lows those who had entered the U.S. in mental request. For over 2 years, troops by voting in favor of legislation previous years through the H–2B pro- American soldiers have been shoul- they may oppose is not in the best in- gram to return. These are, by defini- dering most of the peace-keeping bur- terest of our country. tion, people who came to the U.S. le- den in Iraq. While no one dismisses the I have deep reservations about some gally and returned to their own coun- contributions being made by coalition of the provisions included in this bill, tries as the law requires. The amend- members, once again, I ask President and I hope they can be reconsidered as ment also addresses the concerns some Bush to reach out to our allies so that measures apart from this supplemental members have expressed about fraud. our efforts in Iraq are truly an inter- bill. However, I will vote in favor of I have been working to solve this cri- national effort. The entire world has providing additional funds for our sis for more than a year. I joined last much to gain by a secure and peaceful troops. Our first priority must be to year with a substantial bipartisan coa- Iraq, and other nations should do their ensure our troops have the necessary lition in introducing S.2252, the Save fair share because we ask even more of tools to finish their mission in Iraq and Summer Act of 2004. Senator KENNEDY our brave men and women in uniform. Afghanistan as swiftly and as safely as was the lead sponsor of the bill, which While I am supportive of quick ac- possible. had 18 cosponsors, including 8 Repub- tion on funding for U.S. troops, I must Ms. SNOWE. Mr. President, I rise licans. The bill would have added 40,000 express my strong opposition to the today to address the provisions of the visas for the current fiscal year, pro- way the Republican leadership is forc- conference report to H.R. 1268, the Iraq viding relief to those summer-oriented ing approval of far-reaching driver li- and Afghanistan Emergency Supple- businesses that had never even had the cense legislation as part of this bill. mental Appropriations Act, concerning

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.059 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4843 small business contracting at the De- against contract bundling. This language SKI’s H–2B amendment on April 19, 2005 partment of Energy. does not repeal the President’s Executive by a vote of 94–6. I am pleased that this As chair of the Senate Committee on Order 13360 directing the Department of En- legislation was also accepted in con- Small Business and Entrepreneurship, I ergy to comply with its separate statutory ference and will soon become law. prime contracting and subcontracting goals am concerned that, although the con- for awards to small businesses owned by With the summer season soon upon ference report did not contain a sub- service-disabled veterans. Any interpreta- us, I believe that the H–2B problem stantive change to the Small Business tion to the contrary would be unreasonable needs timely relief that is fair to all Act’s prime contracts goaling require- and contrary to Congressional intent. seasonal employers, and the Save Our ments, it does contain a provision ad- In subsection 6022(c), the replacement lan- Small and Seasonal Businesses Act will dressing small business contracting. I guage mandates a study of changes to man- do exactly this. As most of us know, remain deeply disappointed that H.R. agement prime contracts at the Department the 66,000 cap on H–2B visas was 1268, an emergency appropriations of Energy to encourage small business prime contracting opportunities. The object of the reached in early January; therefore, measure, includes targeted language study is to examine the feasibility of estab- shutting out businesses that rely on H– dealing with the Department of Ener- lishing a procurement agency relationship 2B workers in the spring and summer gy’s small business contracting. Nu- between the management prime contractors months. This seasonal inequity is un- merous groups and individuals, includ- and the Department of Energy in accordance justifiable, and therefore I am pleased ing the SBA Administrator and the with the requirements of Federal procure- that the H–2B provisions before us will SBA Chief Counsel for Advocacy, wrote ment laws, Federal procurement regulations, divide the 66,000 cap so that 33,000 visas to Congress in opposition to sub- the ‘‘Federal norm’’ of government con- will be available for the first half of tracting as recognized by the Comptroller stantive changes to small business General, and applicable judicial precedent the fiscal year and the other 33,000 prime contracting goals. such as U.S. West Communications, Inc. v. visas will be available for the second As a result of inclusion of this provi- United States, 940 F.2d 622 (Fed. Cir. 1991). half of the fiscal year. sion, the Congressional small business Finally, in subsection 6022(d), the replace- To provide timely and meaningful re- committees prepared a joint statement ment language imposes certain requirements lief, the Save Our Small and Seasonal to be submitted in both the House and upon the Department of Energy concerning Businesses Act will also temporarily break-outs of services from large prime con- the Senate. Chairman MANZULLO of the exempt returning H–2B workers from tracts for awards to small businesses. First, House Small Business already filed this the Secretary of Energy is required to con- the statutory cap. For fiscal years 2005 Statement in the House prior to the sider whether services performed have been and 2006, H–2B workers who had worked vote on the conference report for H.R. previously provided by a small business con- in the U.S. under an H–2B visa during 1268. I ask unanimous consent to have cern. This requirement is for acquisition the past three fiscal years will qualify printed in the RECORD the following planning purposes only, and shall not be con- for this exemption and will not be statement. strued as imposing a restriction of any kind counted against the cap. Since the cap There being no objection, the mate- on the ability of the Department of Energy has already been hit for fiscal year rial was ordered to be printed in the to break out its large prime contracts for award to small businesses. Congress recog- 2005, the H–2B provisions in the supple- RECORD, as follows: nizes that most of work currently contracted mental appropriations bill will estab- JOINT STATEMENT CONCERNING SMALL BUSI- by the Department of Energy to its large lish a ‘‘look back’’—namely, they allow NESS CONTRACTING PROVISIONS IN H.R. 1268 prime contractors has never been histori- the Department of Homeland Security (by Senator Olympia J. Snowe, Chair of the cally performed by small businesses. How- to estimate how many of the H–2B Senate Committee on Small Business and ever, this does not waive the application of visas already issued for this fiscal year Entrepreneurship, and Congressman Don- the Small Business Act, the President’s Ex- were given to returning workers. This ald R. Manzullo, Chairman, House Com- ecutive Order 13360, or the President’s initia- mittee on Small Business) tive against contract bundling to the Depart- is necessary to ensure that the Depart- Section 6022 of H.R. 1268, as adopted in the ment of Energy. Second, the Secretary of ment can swiftly apply the exemption Conference Report, H. Rep. 109–72, contains Energy is required to consider whether small for fiscal year 2005 and free up visas certain provisions concerning small business business concerns are capable of performing under the cap for new H–2B workers for contracting at the Department of Energy. under the contracts which are broken out for this summer season. These provisions were inserted as a sub- award. This requirement is simply a restate- In addition, the Save Our Small and stitute for Section 6023 of the Senate version ment of current statutory and regulatory re- Seasonal Businesses Act will allow the of H.R. 1268. Section 6023, among other quirements on contractor responsibility. Department of Homeland Security to things sought to amend the Small Business Subsection (d)(2) directs the Secretary of En- waive the Administrative Procedure ergy is required to—impose certain subcon- Act to authorize counting of small business Act to avoid having to issue rules and subcontracts at the Department of Energy’s tracting requirements. As the text plainly large prime contractors for purposes of re- indicates, this provision applies solely to go through other hurdles to implement porting small business prime contracting re- small business prime contracts which were the H–2B provisions before us. This is sults. Because the substitute language was formerly small business subcontracts for intended to give the Department the not adopted by Congress through regular leg- services. ability to swiftly accept H–2B petitions islative proceedings in the Senate Com- Mr. GREGG. Mr. President, I rise to and implement the Save Our Small and mittee on Small Business and Entrepreneur- discuss a few of my thoughts regarding Seasonal Businesses Act in a timely ship and the House Committee on Small the Iraq/Afghanistan supplemental ap- manner so that businesses can employ Business but was adopted anew during the propriations bill that the Senate is ex- H–2B workers this summer. House-Senate conference, the committees of As I stated earlier, I am pleased that jurisdiction take this opportunity to provide pected to pass today. In particular, I guidance generally provided through their wanted to discuss the bill’s important Congress has finally acted to improve reports to Senators and Representatives provisions that would improve the H– the H–2B program and provide timely prior to their vote on the Conference Report, 2B visa program and provide timely re- relief for small and seasonal busi- and to affected Federal agencies prior to lief for seasonal businesses in my State nesses. In my State, the H–2B program their implementation of the Conference Re- and across the country. is of special concern to the tourist and port if adopted. First, let me express my appreciation logging industries, which are both im- In subsections 6022 (a) and (b), the lan- to my dear friend from Maryland, Sen- portant to the New Hampshire econ- guage chosen to replace Section 6023 in the Conference Report directs the Department of ator MIKULSKI, who has been a tireless omy. For instance, in 2004 alone, New Energy and the Small Business Administra- fighter for the seasonal employers in Hampshire’s tourism industry gen- tion to enter into a Memorandum of Under- her State. She and I have worked to- erated $4 billion in revenues and nearly standing for reporting small business prime gether on this issue for several months, $140 million in rooms and meals taxes, contracts and subcontracts at the Depart- and I was proud to be the lead cospon- which makes up about 25 percent of the ment of Energy. This replacement language sor of S. 352, the ‘‘Save Our Small and State’s total revenue stream. For a does not change the Small Business Act’s Seasonal Businesses Act of 2005.’’ Our number of seasonal employers in my clear distinction between prime contracts offices worked closely to draft this leg- State, the short-term hiring needs and and subcontracts, does not amend the statutory small business prime contracting goal islation, which was incorporated into the nature of their businesses make it requirements which are binding on the De- the Iraq/Afghanistan supplemental ap- extremely difficult, if not impossible, partment of Energy, and does not obviate propriations bill when the Senate over- to fully staff their positions with U.S. Congressional and regulatory policies whelmingly approved Senator MIKUL- workers. H–2B workers therefore are

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.020 S10PT1 S4844 CONGRESSIONAL RECORD — SENATE May 10, 2005 the only lawful option to fulfill labor tional $450 million for increased border deaths, similar to language proposed in shortages when U.S. workers are not security. Those efforts cannot wait any the Senate committee. Regrettably, it available. longer. After having been needlessly omits the Kerry amendment, which I The Save Our Small and Seasonal delayed by the inclusion of extraneous cosponsored and which was adopted by Businesses Act will help ensure that provisions in the House of Representa- an overwhelming bipartisan majority these seasonal employers can stay in tives, we need to put these investments of this body, that would have assured business and use a program that has to work. that all the families in the military safeguards for U.S. workers. Moreover, We also need to put the resources to who have died since 9/11 would be eligi- as we try to reign in illegal immigra- work that are called for in this legisla- ble to receive $100,000 in fallen hero tion and bolster respect for our laws, I tion beyond Iraq. That is why it is so compensation. Similarly, just as insur- believe that Congress has shown wise important that the conference com- gent attacks began to spike, this con- judgment by passing this legislation. mittee include the $5 million downpay- ference report also omits much of the In addition to strengthening anti-fraud ment on America’s investment in a additional funding for up-armored protections, these H–2B reforms will re- strong and independent and democratic humvees, overwhelmingly passed in the ward employers that follow the rules Lebanon, free from interference from form of an amendment sponsored by and will encourage the lawful hiring of Syria. We all remember the courageous Senator BAYH. temporary workers instead of the hir- protests in the streets of Beirut earlier As we see more and more reservists ing of illegal aliens. this year. Yet despite this brave show and guards men and women deployed to Some provisions of the Save Our of support for freedom, the President’s Iraq, the conference report omits pro- Small and Seasonal Businesses Act are supplemental included no funding for tections for these patriots and their only temporary in nature and are in- strengthening democracy in Lebanon. families. tended to be a short-term fix. I recog- That would have been a missed oppor- The amendment would have ensured nize that significantly more work must tunity, and I am delighted that the that Federal employees who have been be done to improve our immigration conference committee kept this fund- activated in the Guard or Reserves do policies over the long term, including ing in the conference report. not suffer any loss in salary as a result our guest worker programs. We can no At the same time, we need to ensure of their willingness to take on this pa- longer accept having immigration laws that the enormous investment our tax- triotic assignment. I do not understand that fail to bring about order along our payers are making in this bill is in- why the conference deleted the pay- borders and other points of entry or are vested carefully. We were all painfully ment protections afforded these fami- ignored altogether. As such, Congress familiar with the reports from Iraq of lies by the Durbin amendment. must re-double its efforts to pass com- security personnel that received train- While the conference committee prehensive immigration reform legisla- ing only to turn and run when con- could not protect these important pro- tion, and I look forward to working fronted with insurgents, or even the in- visions for our troops and their fami- with my colleagues on this long needed stances where personnel we paid to lies, somehow this conference, led by effort. train turned their weapons on our own Members of the House of Representa- The PRESIDING OFFICER. The Sen- troops. tives, did find time to include within ator from Colorado. That is why I am so pleased the con- Mr. SALAZAR. Mr. President, I this wartime supplemental a huge pro- ference report includes the amendment posal that has never received a hearing thank Chairman COCHRAN for his lead- I included during our debate in the ership on this important bill for our in the Senate. Senate regarding the hundreds of mil- I will say this about the so-called country, as well as ranking member lions of dollars we are investing in Af- REAL ID Act included in this bill: It BYRD. I rise in support of H.R. 1268. I sup- ghan security forces. Like our success- does nothing to address the calls of port it because it is a symbol of our ful efforts to invest increased resources many Coloradans for serious border compact with our troops and their fam- in Colorado police officers when I strengthening. ilies. I support it because it sends a sig- served as Colorado State attorney gen- It will not reduce the flow of undocu- nal of hope to other emerging democ- eral, my amendment simply says that mented immigrants who come to the racies. And I support it despite some we are prepared to pay to train Afghan United States. Instead, it will heap an baffling decisions taken in the con- forces, provided they are prepared to unfunded mandate on the States, pass- ference committee to strike key pro- accept greater accountability and ing onto the States our duty to protect posals to support our troops and their standards of excellence. That is the our borders. At the same time, it de- families. least the American people should ex- nies protection to refugees who come Insurgent attacks in Iraq are on the pect, and I commend the conference to this country seeking freedom from rise. There were 45 per day in March, 60 committee for adopting that amend- religious and political persecution. per day in April, and the rate of at- ment. Let’s be clear what those protections tacks this month is topping that num- I also want to comment on inadequa- are for. They are for the world’s most ber. While down from the highs of the cies that I see in the conference report. vulnerable people who come to this preelection violence, this spike does As a new Member of the Senate, I have country seeking freedom and safety not suggest a weakened or retreating to express my surprise at the partisan from persecution. They include Chris- insurgency. Instead, it suggests a nature of the conference committee re- tians fleeing persecution in Egypt, de- greater urgency is needed for even port itself. This is a shame because the mocracy activists fleeing violence in greater support for our troops. rest of the country does not see sup- West Africa, and women fleeing abuse Last month the Washington Post porting our troops as a partisan issue. in Somalia. While the issue of immi- quoted an unnamed American official It seems to me that in a time of war, gration is an issue that necessarily de- in our embassy in Baghdad as saying: we can do better than a conference serves attention in our Nation’s Cap- My strong sense is that a lot of political committee that meets purely on par- itol today, this is not the way to go. momentum that was generated out of the tisan lines, better than a conference Mr. President, it is time that we get successful election, which was sort of like a committee that cuts out proposals that the funding contemplated in this legis- punch in the gut to the insurgents, has worn passed this Chamber with over- lation to our troops. It has been de- off. whelming majorities, and better than a layed long enough. I intend to vote for In Colorado, we have seen Army conference committee that inserts a it, and I hope my colleagues will do the units mobilizing for their second and proposal to overturn decades of Amer- same. third tours in Iraq; this nearly 2 years ican asylum policy, a policy that pro- I yield the floor. after we were assured that the mission tects the world’s most vulnerable peo- Mr. COCHRAN. Mr. President, I am there had been accomplished. So it is ple, even though a Senate committee pleased to see that Senators have en- time that we get this assistance to our has never reviewed that policy. dorsed the conference report in a bipar- troops and to their families. The conference report provides an in- tisan way. We appreciate the support This bill includes $75.9 billion for the crease in the fallen hero compensation that this is receiving. In every con- Department of Defense and an addi- to $100,000 for all combat-related ference, there are always issues that

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.062 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4845 arise that cannot be resolved to suit all that would be adopted by the Senate. I We know, however, that the need for Senators or all Members of the other think we have accomplished that goal. additional funding for our campaigns body. But I must say to the Senate I am proud of the work that was done in Iraq and Afghanistan is something that this was a conference that was by the members of our staffs. They we should expect and be able to budget open, fair, and it allowed for the par- worked very, very hard in the prepara- for. Unfortunately, this is not new for ticipation of all conferees, both parties tion of the conference report that is be- this Congress or for the Bush adminis- in the Senate, and the same with the fore the Senate today. I especially tration. This is, I believe, the fourth House. We had two sessions; one was in want to thank our staff director, Keith consecutive time that funding for mili- the Capitol over on the House side and Kennedy; Terry Sauvain, his counter- tary operations in Iraq and in Afghani- another was on the Senate side in the part on the Democratic side; Chuck stan have been requested outside the Mansfield Room, where any Senator or Keiffer on the Democratic side, who regular budgeting and appropriations any Member from the House who want- also worked very hard; Charlie Houy, process. ed to speak before the conference had who has been a stalwart member of the By not taking into consideration the the right to do so. In addition, Mem- staff of the Defense Appropriations costs of these supplemental requests, bers had the opportunity to offer mo- Subcommittee for many years; Re- which we all know are coming, the tions, amendments, or suggestions for becca Davies on the Homeland Security President and the Congress can more the benefit of members of the con- Appropriations Committee; Sid easily fudge the true nature of our Fed- ference. Ashworth, the clerk of the Defense Ap- eral deficits and what our spending as- I was very pleased to acknowledge, at propriations Subcommittee. Senator sumptions will be over the foreseeable future. In other words, by keeping the the time, the important participation STEVENS, chairman of that sub- spending out of the budget, the Presi- of the ranking member on the Demo- committee and former chairman of the dent and this Congress can paint a fis- cratic side in the Senate committee, full committee, was enormously influ- cal picture that is, frankly, rosier than Senator BYRD, who took an active role ential in this conference. I have been reality. in the discussions, who offered a mo- very grateful for his support and assist- Contrast, if you will, what we are tion at one point to insist upon the po- ance. I also thank Clayton Heil, coun- doing today with what we did during sition of the Senate in the conference. sel to our Senate Committee on Appro- the Vietnam conflict, the conflict I Other members could have done the priations, who has been very helpful as served in and I know others of us did as same or argued against including any well. And there are others. well. After one supplemental appro- provision of the House-passed bill. Mr. President, I appreciate the as- priations in 1966, President Johnson There has been some discussion sistance of other Senators on the full and later President Nixon included the today about the REAL ID provision. I Committee on Appropriations. We had cost of our military operations in Viet- didn’t think that was a wonderful idea strong support in the signing of the nam in their annual budget requests, myself. It was not included in the Sen- conference report. It has been a bipar- not in emergency supplemental after ate bill. It was a House provision. But tisan achievement. It is not a partisan emergency supplemental. They re- the House Members insisted that it be bill, and we appreciate the fact that it quested them in their annual budget included in the conference report. Any- is not. request. That approach was the right one who wanted to resist that had an Mr. President, I suggest the absence approach. Whether people approved of opportunity to argue against it or to of a quorum and ask unanimous con- the war in Vietnam and our involve- offer a motion that the Senate insist sent that the time under the quorum ment there, at least the approach of upon its position that it not be in- be charged equally to each side. budgeting for it was appropriate. I be- cluded. No Senator elected to do that. The PRESIDING OFFICER. Without lieve we owe it to the American people, I didn’t know how many meetings objection, it is so ordered. who are very aware of the cost and na- were going to be required of the con- The clerk will call the roll. ture of our operations, to be upfront ference. I had no idea what the House The legislative clerk proceeded to about the true state of our country’s fi- would do in terms of insisting on provi- call the roll. nances. sions in this bill as that conference Mr. CARPER. Mr. President, I ask To make a second point, there have began. I was, frankly, surprised that we unanimous consent that the order for been times in the last several years didn’t have but two meetings of the the quorum call be rescinded. when the House has passed a bill, the conference. I expected that we would The PRESIDING OFFICER. Without Senate has passed a bill, we convene a have other meetings. But the House objection, it is so ordered. conference committee, and the House didn’t think it was important or nec- Mr. CARPER. Mr. President, in a and Senate, Democrats and Repub- essary, and I got the impression that time of war, nothing is more important licans, have a full and open oppor- there were going to be no more meet- than making sure that our fighting tunity to participate in that con- ings but only after the second meeting men and women have what they need ference committee. had concluded. Members of the com- to do their jobs well. It is with our Concerns have been raised. I think mittee continued to discuss issues with troops in mind that I will vote in favor the chairman of this committee is, House conferees, and we finally reached of this supplemental appropriations quite frankly, as fairminded a person agreement. conference report. as I know. It is a real joy to serve with I think this is a good conference re- Having said that, I do have some him. I have said it to him privately and port. It is a reasonable compromise be- major concerns about how this bill has I will say it to him publicly. But I have tween the two bills that were passed by been put together and how the Con- heard reports back from those who felt the House and the Senate. We didn’t gress has conducted its business with they did not have opportunity extended get everything we wanted in the con- respect to such emergency spending re- to them to actually offer amendments ference with the House; neither did the quests over the past several years. in committee that they felt they had House get everything they wanted in Thousands of brave Americans have been assured they would have a chance conference with our Senate conferees. been serving our country in war zones to offer. That is a matter of concern to But I think this is a fair conference re- since shortly after that fateful day of me and I think it would be if the shoe port. It reflects a commitment to sup- September 11, 2001. But 4 years later, were on the other foot. port the President, to provide funding the President and those of us in this Third subject, REAL ID. There was that is needed for military operations Congress continue to refuse to budget an amendment I alluded to offered by in Iraq and Afghanistan. It is an urgent for these wartime expenses. Rather Senator DURBIN that passed the Sen- supplemental bill, and it ought to be than incorporating the costs of the op- ate. It passed the Senate 99 to 0. The passed today by the Senate. I am con- erations in Iraq and Afghanistan in the amendment would have helped to com- fident that it will be. budget, these important expenditures pensate Federal employees who were I appreciate very much the assist- continue to be tagged as ‘‘emergency called to active duty who were making ance and the affirmative way members spending.’’ Emergency spending should more money as a Federal employee of our conference worked to ensure be reserved, in my view, for unforeseen than they were after they had been ac- that we could get a conference report needs. tivated to active duty. We passed by a

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.066 S10PT1 S4846 CONGRESSIONAL RECORD — SENATE May 10, 2005 99-to-0 vote a provision that said we I came back and called Secretary directly to the Palestinian Authority. should make up the shortfall in those Rice and said, we ought to be putting A portion of that, maybe $50 million, instances. That particular amendment as much energy and time and attention will end up going to the Government of that was passed by a 99-to-0 vote was into trying to forge a final com- Israel as they try to create high-secu- left out of the conference report. I promise, a final peaceful resolution, in rity checkpoints which would allow know other items were never consid- Israel. To the extent we can do that be- that truck I talked about earlier to go ered by the Senate. A prime example of tween the Palestinians and the Israelis, through a high-tech security check- that is the controversial REAL ID pro- we would probably do more to reduce point and not have to be offloaded. It posal somehow did find its way into the the ability of terrorists to raise money, would enable people to move freely legislation. As I recall, we never had a to reduce the ability of terrorists to re- who are trying to get a job or going to chance on the Senate floor to even dis- cruit new terrorists, to reduce their a job from Palestinian areas to Israeli cuss the REAL ID issue. It was not part ability to convince people in some kind areas or vice versa, without being im- of our supplemental bill. Yet when the of unholy jihad to go out and blow peded from doing that, or having to final bill comes up, we are looking at 55 themselves up and kill a lot of inno- spend hours trying to get through a pages of new immigration law that this cent people. checkpoint. body has never debated and which was If the United States can somehow At the same time, we have the abil- inserted at the behest of the House Re- emerge from a peace process in the ity through the technology of today to publican leadership. Middle East and Israel and be seen as stop the terrorists. People who are car- I have a serious concern about the honest broker in helping the rying contraband or explosives or stuff whether these immigration provisions Israelis and the Palestinians get to a that will enable them to hurt other make sense. I know some feel they do, fair and peaceful permanent resolution, people can be stopped at these check- but I have some real concerns. The we would do more to set back the ter- points. There is money in this bill that REAL ID Act, for example, would re- rorists and end the war on terrorism, would enable the Israelis to help build peal the driver’s license standards to make us safer in this country, to terminals, checkpoints for folks to pass framework we created last year in the make people safer in Israel, in Pales- through, Palestinians or Israelis, for Intelligence Reform Act, which is tinian-controlled areas, to make people that matter, to reduce the likelihood of based on the recommendations made safer in Iraq and Afghanistan as well. terrorist incidents that will grow out unanimously by the 9/11 Commission. When I was in Israel, I had the oppor- of that movement of people, and to bet- In place of the 9/11 Commission frame- tunity to travel to Ramallah. During ter ensure that goods and services in work, REAL ID would create an en- that trip, we were behind a flatbed commerce can move about freely. So tirely new and expensive Federal truck. As that truck went from Israeli- that is a good thing. standard for the issuance of driver’s li- controlled territory into the West There are some who will quarrel with censes but provide no funding to my Bank, it had to go through a check- whether the money should have gone State, Mississippi, South Carolina, or point. At the checkpoint, literally ev- directly to the Palestinian Authority any other State, for that matter. As a erything on the flatbed truck had to be or whether it is more appropriate to go former Governor, I believe such un- removed and moved on to another flat- through other organizations that we funded mandates should not be consid- bed truck in order to make sure there call NGOs. I am not going to get into ered lightly. was not contraband, explosives or that argument. Furthermore, I have heard from a something there that would represent I say to my friend from Mississippi, number of constituents in my own an endangerment to other people. we may have a chance later on—maybe State who are concerned that the bill One of the best ways to ensure that in the Foreign Affairs appropriations would make it more difficult for those terrorists still have plenty of places bill or the foreign operations bill—to fleeing religious persecution to gain from which to recruit new terrorists in come back and revisit this issue and asylum, while allowing the Secretary that part of the world is to ensure that decide whether, given the reforms that of Homeland Security to waive all laws the rate of unemployment in Pales- are being made in the Palestinian Au- in order to build a fence along our bor- tinian-controlled areas remains at thority through reduced corruption, to ders. about 50 percent. It is in our interest, tamp down on terrorism within organi- In this post-9/11 world we know it is it is in the interest of the Israelis, it zations such as Hamas, we may have vital to ensure security not only along certainly is in the interest of Palestin- the opportunity to come back and de- our borders but also within our Nation. ians who want peace and a better life, cide whether to allocate some addi- However, instead of thoroughly consid- for us to help bring down the rate of tional money later this year to ering homeland security and immigra- unemployment. strengthen the position of President tion reform measures, the House has The way to do that is not to have Abbas and to reward positive behavior hastily tacked on legislation that trucks go from one part of that area to on his behalf and that of other Pal- could have potential negative con- stop at a checkpoint and offload on to estinians. sequences for the Latino and other im- a new truck. There has to be a free flow So those are points I wanted to migrant communities in my State and of people and a free flow of goods, a make. I am going to recap them again across our country. I think we should free flow of commerce in that part of very briefly. First, the concern as we have had a proper debate to ensure the world in order to help get the Pal- go forward for us to take as an example that this legislation would actually estinian economy up and on its feet the budgeting approach used by earlier protect our Nation and make us more and to bring down unemployment. administrations, Democrat and Repub- secure. My parents used to say to me, an idle lican, President Johnson, President The last thing I want to mention mind is the devil’s workshop. Well, peo- Nixon, at least in terms of funding the deals with Israel and the peace process ple who do not have anything to do Vietnam war. After the first emer- there. I returned from that part of the with their time are also prime for gency supplemental appropriation, fis- world about 5 weeks ago, convinced being recruited as terrorists. To the ex- cal year 1966, they said we are going to there is an opening, a possibility, how- tent we can help bring down the unem- make part of our regular budget re- ever difficult to achieve, that Israelis ployment rate in the Palestinian com- quest moneys to support that war ef- and Palestinians may find common munities, we also bring down the like- fort. Again, we ought to do the same ground; that the Palestinians finally lihood they are going to be recruited to thing now going forward. have a chance to end up with a home- become terrorists. Second, I call on our Republican land of their own and to live side by In the bill that passed the Senate, friends to remember the Golden Rule, side in a separate state, in a geo- there is a provision for some $200 mil- to treat other people the way we want graphical area with the Israelis, who lion to support Palestinian political, to be treated. As we go forward in would have peaceful and secure borders economic, and security reforms. As we these conference committees, to the and reasonable economic and diplo- have gone through the process in con- extent we treat people fairly from our matic relations with their Arab neigh- ference, roughly the same amount of side, some day when we are in the ma- bors. money has emerged, and it is not going jority—and some day we will be—more

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.068 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4847 likely we will end up with a situation people find out they have to haul out a the remaining difficulties are Iraq’s where the minority, in that case the birth certificate when they go down to problems. Republicans, will be treated fairly, too. reestablish their driver’s license, it is The unfortunate truth seems to be On REAL ID, it will be interesting to going to cause a great inconvenience, that more than 2 years after President see what the States come up with in re- especially to the senior citizens of this Bush declared the end of major combat sponse to these unfunded mandates. I country. I think Senators are going to operations—remember ‘‘mission ac- don’t like unfunded mandates. I never get an earful. complished’’—Iraq has a limited capac- liked them as a Governor. I don’t like Third, I am quite concerned about ity to defend itself or govern itself. it now. Whenever we in Washington fig- the implication that this is going to Even worse, the administration has ure out that we ought to tell the States have on the rights and protections of no real plan to help Iraq acquire that and local governments how to spend minorities. Is this the beginning, por- capacity. As much as the President the money, we don’t provide the tending certain discriminations be- may want to dump Iraq’s problems on money. We tell them how to raise the cause of minorities? the new Iraqi Government, his admin- money, or not raise the money, but we Obviously, this is a must-pass piece istration has a responsibility to our do not provide an offset. That is a slip- of legislation. It is funding the war ef- troops and the Iraqi people to help ad- pery slope. I think we are on that slip- fort. It is funding our troops. We are all dress these problems and to inform pery slope with respect to this REAL going to vote for it, and we will pass it. Congress how he plans to do so. ID provision. But we should not have something that I would underscore that this supple- Finally, on the Palestinian peace ini- is so important to the privacy rights of mental appropriations bill should not tiative, I think it is important to pro- Americans added to a bill like this in have had to come before this body at mote investments in the Palestinian this secretive way. this time. It should have been in our areas to get their economy moving I wanted my comments made very regular budget. This war is ongoing. again, and it is important we help fund clearly on the record. There is no reason to do it in this way. security measures that enable the free I yield the floor. I have supported and the Senate flow of commerce, of people and goods Mr. President, I have something else passed an amendment crafted by Sen- as long as we are in a holding pattern. in and out of the Palestinian areas so ators DURBIN, LEVIN, and KENNEDY re- they can reduce their unemployment What is the pleasure of the majority quiring the administration to inform rates and reduce the threats of ter- leader? Does he want to go on and call us of its efforts and plans for securing rorism. for the vote or does he want to have and stabilizing Iraq. Unfortunately, With that having been said, I am some more time before the vote, in Republican conferees dropped the im- going to stop here. I suggest the ab- which I will speak on another subject? portant amendment from the text of Mr. FRIST. Mr. President, I have not sence of a quorum. this bill. The PRESIDING OFFICER. The talked to the Democratic leader, but I As troubled as I am by the Repub- clerk will call the roll. think if we are about ready to vote, lican majority’s actions on Iraq, I am The legislative clerk proceeded to then what I might do is go ahead and perhaps more disturbed by what they call the roll. do my statement in the interest of decided to do on immigration, and how Mr. NELSON of Florida. Mr. Presi- time, unless there is something just they went about it. dent, I ask unanimous consent the burning that the distinguished Senator order for the quorum call be rescinded. from Florida has to say. I will go ahead Republicans tacked the so-called The PRESIDING OFFICER. Without and do my statement and then—if the REAL ID immigration legislation onto objection, it is so ordered. Democratic leader is available? this emergency supplemental that is to Mr. NELSON of Florida. Mr. Presi- Mr. NELSON of Florida. I will tell provide funding for our troops. REAL dent, I want to speak as to how I am the Senator that I have something that ID imposes dramatic new burdens on going to vote. Clearly, the necessity of is really burning because they are try- the States and substantially alters the funding for all of our troops requires a ing to drill for oil off the coast of Flor- immigration and asylum laws in ways ‘‘yes’’ vote on this legislation. I gladly ida. But I am going to yield to the ma- that this Nation may soon come to re- do that. I do want to express my con- jority leader and to his wishes so he gret the action taken by this body. cerns about this so-called REAL ID can expedite the process and the vote. For the House to self-righteously say part that was put in in the dead of I yield the floor. that on appropriations bills they will night, without the notification that The PRESIDING OFFICER. The Sen- allow no authorizing legislation, people was promised to the minority and ator from Nevada. can always waive this REAL ID—this is without the informing of all the var- Mr. REID. Mr. President, I apologize the mother of all authorizing legisla- ious Senators who were part of the con- for Senators having to wait for me. I tion on an appropriations bill. ference committee. This is not the way want to begin by saying I support this This REAL ID Act makes reckless we should be doing legislation. It ought legislation. I commend the work of the and unwise changes to our laws with to be in the full light of day. That is managers of the bill, Senator COCHRAN respect to the environment, refugees, why they refer to making legislation is and Senator BYRD. I understand how judicial review and, most of all, States like making sausage—you don’t know essential this bill is to our troops who rights. It is essentially anti-immigrant what all is in it. are risking their lives and, of course, to legislation couched in the language of With regard to this REAL ID Act, the the tsunami victims who are struggling antiterrorism. The Wall Street Jour- concern that I have is that we are to rebuild their lives. nal, not the bastion of the so-called lib- going to have an invasion of people’s The conference report, though, comes eral press, said the changes made by privacy without having carefully con- up short on two issues: Iraq and, of REAL ID ‘‘have long occupied the wish sidered it through committee hearings course, immigration—short of what the list of anti-immigration lawmakers and through full debate of the issue. world rightly expects from the most and activists.’’ That is the Wall Street For something that is as important to free nation in the world, and short of Journal. so many Americans as a driver’s li- what Americans should expect from REAL ID will make it much more cense, we are going to start on the road their elected leaders is what is written difficult for individuals fleeing persecu- of the invasion of privacy. I do not all over this conference report. tion to seek asylum in the United think this is the way to establish what Starting with Iraq, the Chairman of States, will sharply reduce the ability is, in effect, the first step for a na- the Joint Chiefs of Staff recently said of the Federal courts to rein in over- tional identification card. I don’t think that the insurgency is as strong today zealous or ill-willed administration of- this is the way to do it, in the dead of as it was a year ago. The recent up- ficials, and will give the Secretary of night, by stealth and sleight of hand. surge in violence and unrest in Iraq Homeland Security unprecedented au- Second, I think Senators are going to seems to bear out that remarkable and thority to waive environmental and get an earful if they are starting to get very troubling conclusion. Yet the ad- other laws. the rumblings that I am getting from ministration acts as if the situation in REAL ID could compromise the pri- constituents in my State. When most Iraq is essentially under control and vacy of American citizens, create long

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.069 S10PT1 S4848 CONGRESSIONAL RECORD — SENATE May 10, 2005 lines at local DMVs, and make it hard- Finally, I think our ability to suc- Osama bin Laden and al-Zarqawi will er for States and the Federal Govern- ceed in Iraq should have received much be brought to justice, just as Saddam ment to keep track of who is in our greater attention in this bill, and im- and his henchmen now sit in prison. country. In short, REAL ID may make migration should have been dealt with Our brave men and women in uniform us less rather than more safe. more thoughtfully and thoroughly in a and their colleagues across the U.S. As troubling as what the majority subsequent legislative vehicle. Our Government are risking their lives and did on immigration is the way they troops and taxpayers are expecting so- working hard every day to bring that went about it. Republicans tacked on lutions and leadership from the Presi- moment ever closer. REAL ID knowing full well immigra- dent and the Congress. The world is ex- I urge my fellow Senators to pass the tion issues had nothing to do, as I have pecting this Nation to live up to some supplemental swiftly so we can get this said before, with the underlying legis- of the lofty immigration rhetoric es- support to our military men and lation and that REAL ID had never, poused by the administration early on. women in the field—and also, I should ever been considered in the Senate, ei- I regret the majority acted in this fash- add, to the victims of the December ther in the Judiciary Committee, the ion. I look forward to opportunities to tsunami tragedy. The war supple- committee of jurisdiction, I believe, or revisit these unwise decisions. mental includes nearly $880 million in on the Senate floor. The PRESIDING OFFICER. The ma- relief funds to help people in countries Compounding matters, House and jority leader is recognized. devastated by that deadly wave. Senate Republican conferees went be- Mr. FRIST. Mr. President, in a few Furthermore, it includes nearly $630 hind closed doors without Democrats minutes we will vote on the President’s million to increase security at our bor- war and tsunami supplemental request. and included a modified version of ders by hiring 500 new border agents I take this opportunity to thank Chair- REAL ID. and tightening our driver’s license ID man THAD COCHRAN, as well as Senator What so troubles me is that the Re- requirements. BYRD, for their leadership on behalf of publicans have the votes. They are in America is leading the war on terror, our men and women in uniform. This is the majority. They had the majority in and we are making great progress. As one of the first major appropriations the conference. But they refused to this supplemental appropriations dem- have up-or-down votes so the public for Senator COCHRAN under his chairmanship of the full committee, and I do onstrates, we are a strong Nation, and could see what they were doing. They we are a compassionate Nation. had the ability to turn down every congratulate him for a job superbly done. I also thank Senator STEVENS I look forward to an overwhelmingly amendment we offered, but they were bipartisan vote on this critical legisla- unwilling to do that. and Senator INOUYE. I am confident we have a bill that will shortly be over- tion in a few moments. Our troops and They rejected a bipartisan plea to our fellow citizens are depending on it. give REAL ID and other immigration whelmingly supported on both sides of the aisle. Mr. President, I ask for the yeas and issues the time and attention they de- nays. served, and limited opportunities for The legislation before us is abso- The PRESIDING OFFICER. Is there a opponents of REAL ID to offer motions lutely critical to winning the war on sufficient second? to strike or change what they agreed terror. It provides $75.9 billion in sup- There appears to be a sufficient sec- to. port of our troops who are out in the As a result of the Republicans’ deci- field in Iraq and Afghanistan coura- ond. sion to incorporate REAL ID and their geously hunting down the enemy, help- The yeas and nays were ordered. abuse of the process, most Democratic ing rebuild these countries, and spread- Mr. FRIST. Mr. President, we yield conferees either refused to sign the ing freedom and democracy. back the time on our side. We are indebted to our soldiers, and conference report or did so while tak- Mr. CONRAD. Mr. President, I yield this legislation reflects our deep coming strong exception to the REAL ID back our time as well. mitment to their readiness, to their provision. The PRESIDING OFFICER. All time safety, to their families’ well-being. I am also disappointed about the has expired. This weekend, U.S. troops launched a The question is on adoption of the White House’s role in this matter. For major counterinsurgency offensive in years now, the administration has been conference report. The yeas and nays western Iraq near the Syrian border. have been ordered. The clerk will call talking about the need to reform immi- This region has become an infamous the roll. gration laws. Remember the big trip smuggling route and sanctuary for for- The legislative clerk called the roll. President Bush made, when he was eign jihadists. So far, our troops have The result was announced—yeas 100, first elected, to meet with President killed over 100 of the terrorists, and Fox in Mexico? They have been talking they continue to press the enemy back. nays 0, as follows: about the need for reform, so law-abid- Meanwhile, this weekend, our mili- [Rollcall Vote No. 117 Leg.] ing, hard-working immigrants can find tary announced the capture of a top YEAS—100 work in this country, help our econ- Zarqawi associate, Amar Zubaydi. He Akaka Dayton Lautenberg omy grow, and support their families was apprehended in a raid on his home Alexander DeMint Leahy here and back, mostly, in Mexico. last Thursday. Zubaydi is an extremely Allard DeWine Levin Since this legislation will hurt hun- Allen Dodd Lieberman dangerous man. He is believed respon- Baucus Dole Lincoln dreds of thousands of the very people sible for multiple car bombings across Bayh Domenici Lott the administration professes to be con- Baghdad, as well as the attack on the Bennett Dorgan Lugar cerned about, I would have expected Abu Ghraib prison last month which Biden Durbin Martinez Bingaman Ensign McCain the President to oppose it. Unfortu- wounded 44 U.S. troops and 13 detain- Bond Enzi McConnell nately, he chose not to do so. ees. Authorities also discovered he was Boxer Feingold Mikulski The best thing we could do for our se- planning the assassination of a top Brownback Feinstein Murkowski curity would be to enact comprehen- Bunning Frist Murray Iraqi Government official. Burns Graham Nelson (FL) sive and effective immigration reform The good news is he is now in custody Burr Grassley Nelson (NE) so we can gain control once again over where he can no longer wreak his Byrd Gregg Obama our borders and focus our limited re- havoc. Military sources tell us Cantwell Hagel Pryor sources on terrorists and criminals. Carper Harkin Reed Zubaydi’s capture has provided invalu- Chafee Hatch Reid Senator FRIST has indicated he is able insights into the Zarqawi wing of Chambliss Hutchison Roberts willing to set aside time for a separate the al-Qaida network. Clinton Inhofe Rockefeller debate about immigration later this This arrest, along with the capture of Coburn Inouye Salazar Cochran Isakson Santorum year, and I know he will follow through Ghassan Amin in late April and Abu Coleman Jeffords Sarbanes on that. That is what he said he would Farraj al-Libbi in Pakistan last week, Collins Johnson Schumer do. The Senate and the American peo- further tightens the noose. Indeed, we Conrad Kennedy Sessions ple deserve time to consider this issue intercepted a note by one of their col- Cornyn Kerry Shelby Corzine Kohl Smith and time to revisit many of this legis- leagues complaining of the group’s low Craig Kyl Snowe lation’s most problematic provisions. morale. Crapo Landrieu Specter

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.072 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4849 Stabenow Thomas Warner The PRESIDING OFFICER. Without economic health. The Department of Stevens Thune Wyden Sununu Vitter objection, it is so ordered. Transportation has estimated that for Talent Voinovich Mr. SHELBY. Mr. President, I rise every $1 billion in Federal highway and tonight to speak in support of the Fed- transit investment, 47,500 jobs are cre- The conference report was agreed to. eral Public Transportation Act of 2005. ated or sustained. Mr. COCHRAN. I move to reconsider We know it as the Transportation bill. The Transportation Equity Act for the vote. This bill was marked up in the com- the 21st Century, TEA–21, expired on Mr. LOTT. I move to lay that motion mittee on Banking, Housing, and September 30, 2003, and has tempo- on the table. Urban Affairs on March 17 and reported rarily been extended through May 31, The motion to lay on the table was out with a unanimous vote. 2005. The delay in providing a long- agreed to. I am proud of this legislation which term authorization has had a signifi- The PRESIDING OFFICER. The Sen- was crafted on a bipartisan basis with cant impact on State and local govern- ator from Mississippi is recognized. cooperation from the distinguished ments which have been unable to de- f Senator from Maryland, Mr. SARBANES, velop long-term programs for funding. CORRECTING THE ENROLLMENT the committee’s ranking member and Public transportation represents an OF H.R. 1268 former chairman. important part of the Nation’s trans- The Federal Public Transportation portation infrastructure, which by its Mr. COCHRAN. Mr. President, I ask Act of 2005 provides record growth for nature, requires long-term planning unanimous consent that the Senate public transportation. The funding au- and project development. Delays in now proceed to the consideration of S. thorized in this bill will provide for sig- funding have resulted in project delays Con. Res. 31, which was submitted ear- nificant improvements to and expan- which ultimately increase costs and lier today. sion of the Nation’s transportation in- postpone the benefits which projects The PRESIDING OFFICER. The frastructure. I am pleased to be work- are designed to produce. The impact is clerk will report. ing with my colleagues, Chairman particularly significant in States with The legislative clerk read as follows: INHOFE from the Environment and Pub- short construction seasons since plan- A concurrent resolution (S. Con. Res. 31) to lic Works Committee, and Chairman ning must be done well in advance of correct the enrollment of H.R. 1268. STEVENS from the Commerce, Science contracting for construction. There- There being no objection, the Senate and Transportation Committee. fore, the committee has responded and proceeded to consider the concurrent I want to thank my friends from the taken action to reauthorize the public resolution. Finance Committee, Senators GRASS- transportation title of TEA–21 in order Mr. COCHRAN. Mr. President, I ask LEY and BAUCUS, for working so dili- to continue the Federal Government’s unanimous consent that the concur- gently to identify additional money for critical role in public transit programs. rent resolution be agreed to and the public transportation. Thanks to their This bill accomplishes three impor- motion to reconsider be laid on the efforts the Banking Committee’s tran- tant policy goals. It creates funding table. sit title provides record growth for flexibility, increases accountability, The PRESIDING OFFICER. Without transportation, $53.8 billion overhis is and improves the performance and effi- objection, it is so ordered. an increase in the share of transit ciency of the transit programs in the The concurrent resolution (S. Con. funding over TEA–21 and I am con- United States. Res. 31) was agreed to, as follows: fident that this money will be helpful The bill creates several new formulas S. CON. RES. 31 in meeting surface transportation to better address growing transit Resolved by the Senate (the House of Rep- needs across the country. needs. A ‘‘rural low density’’ formula is resentatives concurring), That in the enroll- Public transportation services are created to allow for transit services in ment of H.R. 1268, an Act making emergency often the only form of transportation sparsely populated areas where em- supplemental appropriations for the fiscal available to many citizens. These serv- ployment centers and health care are year ending September 30, 2005, and for other ices provide mobility to the millions of great distances apart. A ‘‘growing purposes, the Clerk of the House of Rep- Americans who cannot, for various rea- states’’ formula is created to allow resentatives is hereby authorized and di- sons, use an automobile. More than 80 communities with populations pro- rected to correct section 502 of title V of division B so that clause (ii) of section million Americans cannot drive or do jected to grow significantly in the 106(d)(2)(B) of the American Competitiveness not have access to a car. coming years to put in place needed in the Twenty-first Century Act of 2000 (Pub- Further, senior citizens are the fast- transportation infrastructure. A ‘‘tran- lic Law 106–313; 8 U.S.C. 1153 note), as amend- est growing segment of the U.S. popu- sit intensive cities’’ formula is created ed by such section 502, reads as follows: lation. Many of them require access to to address the needs of small commu- ‘‘(ii) MAXIMUM.—The total number of visas public transportation in order to main- nities where the level of transit service made available under paragraph (1) from un- tain their independence and to access exceeds what their population-based used visas from the fiscal years 2001 through vital healthcare services. formula would provide for. Finally, our 2004 may not exceed 50,000.’’. Today, the American public transpor- bill also creates a ‘‘high density’’ for- f tation industry consists of nearly 6,000 mula to provide additional funding for TRANSPORTATION EQUITY ACT: A transit systems in both urban and rural States with transit needs that are par- LEGACY FOR USERS—Resumed areas. These transportation agencies ticularly great because they have tran- operate a diverse array of vehicles, in- sit systems in extremely urban areas The PRESIDING OFFICER. The cluding subways, buses, light rail, com- with high utilization rates. clerk will report the pending business. muter railroads, ferries, vans, cable The bill increases the accountability The legislative clerk read as follows: cars, aerial tramways, and taxis. within the transit program. It rewards A bill (H.R. 3) to authorize funds for Fed- According to the Texas Transpor- transit agencies which deliver projects eral-aid highways, highway safety programs, tation Institute’s 2005 Urban Mobility that are on time, on budget, and pro- and transit programs, and for other purposes. Report, congestion costs over $63 bil- vide the benefits that they promised. Pending: lion, more than 3.7 billion hours of Further, this bill allows communities Inhofe amendment No. 605, to provide a delay and 2.3 billion gallons of excess to consider more cost-effective, flexible complete substitute. fuel annually. The average driver loses solutions to their transportation needs The PRESIDING OFFICER. The Sen- more than a week of work each year by opening up eligibility within the ator from Alabama. sitting in gridlock. The same report New Starts program to non-fixed guide- Mr. SARBANES. Will the Senator finds that without public transpor- way projects seeking less than $75 mil- yield? tation, there would be 1 billion more lion in New Starts funds. With this Mr. SHELBY. I yield to my colleague hours of delay. The report also finds change, other solutions can be fostered, from Maryland. that public transportation reduces the such as bus rapid transit, which is Mr. SARBANES. Mr. President, I ask cost of congestion by about $20 billion more flexible than rail at a fraction of unanimous consent that I be permitted per year. the cost. to follow the Senator from Alabama, Public transportation investments Finally, the bill seeks to improve the after he completes his statement. help create employment and sustain performance and efficiency of transit

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.019 S10PT1 S4850 CONGRESSIONAL RECORD — SENATE May 10, 2005 systems nationwide. It provides incen- short-term extensions hinders our as he put it, transit ‘‘saves employees tives for the coordination of human State and local partners in their efforts time. It saves employees money. It service transportation activities in to meet the daily challenges of main- saves wear and tear on the employees’ order to eliminate duplication and taining our transportation infrastruc- spirit.’’ overlap. It increases the focus on safe- ture and planning for improvements. Transit benefits the economy in ty and security needs within transit I want to express my appreciation to other ways as well. For example, tran- systems to help insulate them against a number of colleagues who worked to sit investments in one community can terrorist attacks. It also enhances the provide additional resources for trans- have repercussions in many areas role of the private sector in providing portation beyond what was reported around the country. The president of public transportation in an effort to re- out by the various committees earlier the American Public Transportation duce cost and to improve service. this year. A higher level of investment Association, Bill Millar, who has testi- The Federal Public Transportation is essential if we are to keep up with fied before the Senate on a number of Act is very good legislation. The fund- the increasing demand along our entire occasions, pointed out that when one ing made available by this bill and the transportation network. locality builds a rail system or devel- policy initiatives contained in the bill I want to say a few words about the ops its bus system, the manufacturing will dramatically improve the public transit title, which was supported by or the assembly of those rail cars and transportation program to help Ameri- every member of the Banking Com- buses may well be done in a different cans with their mobility needs in both mittee. Over the last several years, the jurisdiction. So one has to keep in urban and rural areas nationwide. Banking Committee and its Housing mind when considering the economic I commend this bill to the Senate and Transportation Subcommittee, benefits of transit, it is not only the and ask my colleagues for their sup- under the leadership first of Senator area that is upgrading its transit sys- port. REED of Rhode Island and then more tem that benefits. That area will in- I yield the floor. recently of Senator ALLARD of Colo- variably spend its money on a whole The PRESIDING OFFICER. The Sen- rado, has held a series of hearings on range of supplies and services which ator from Maryland. the Federal transit program and its are produced elsewhere in the country. Mr. SARBANES. Mr. President, I rise contribution to reducing congestion, As Mr. Millar said: to join my able and distinguished col- strengthening our national economy, league from Alabama, the chairman of While the Federal money would appear to and improving our quality of life. be going one place, the impact of that money the Senate Banking, Housing, and Over the course of those hearings, we tends to go very far and wide. Urban Affairs Committee, in strong heard testimony from dozens of wit- support of the Federal Public Trans- nesses, including Secretary of Trans- Of course, transit is about more than portation Act of 2005, which has been portation Norman Mineta, Federal our economic life. It is also about our incorporated into the pending amend- Transit Administrator Jenna Dorn, quality of life. During our hearings, we ment which was offered yesterday by representatives of transit agencies heard a great deal about the impor- Senator INHOFE, the chairman of the from around the country, mayors, busi- tance of transit to our senior citizens, Environment and Public Works Com- ness and labor leaders, environmental- our young people, the disabled, and mittee. ists, economic development experts, others who rely on transit for their The Federal Public Transportation and transit riders themselves. Vir- daily mobility needs. Several of our Act was reported out by the Banking tually all of the witnesses agreed that witnesses observed that the increased Committee earlier this year, and, I the investment that had been made investment in transit and paratransit might add, by a unanimous voice vote. under TEA–21 contributed to a renais- services under the previous bill pro- Moreover, although the funding level sance for transit in this country. In vided the crucial link between home provided in this bill is lower than in fact, transit ridership is up 23 percent and a job, school, or a doctor’s office, the one we passed last year, the pro- since 1995, and is still increasing, even for millions of people who otherwise gram structure and policy decisions re- faster than the growth in highway use. might not have been able to participate flected in this bill are almost identical Transit plays a critical role in our ef- fully in the life of their community. to those included in S. 1072, the Safe, forts to combat congestion. My able Further, we saw after 9/11 how transit Accountable, Flexible, and Efficient colleague, the Chairman of the Com- can be an important lifeline in other Transportation Act, SAFETEA, which mittee, Senator SHELBY, made ref- respects, as well. We had very moving passed the Senate last year with over- erence to a study released just this testimony during our hearings about whelming bipartisan support. week by the Texas Transportation In- the efforts made by transit operators At the very outset, I express my ap- stitute, talking about the tremendous on that day to move tens of thousands preciation to Chairman SHELBY who cost to the Nation in lost time and of people quickly and safely out of our worked tirelessly on the development wasted fuel because of congestion—peo- city centers. of this legislation last year, reaching ple simply stuck in traffic. As a result of transit’s many bene- across the aisle in a cooperative man- We heard testimony at our hearings fits, the demand for transit is con- ner to develop a transit bill that will about many other important benefits tinuing to increase all across the Na- begin to address the urgent needs faced of transit as well. For example, the tion. Small towns, rural areas, subur- by communities all across the country. U.S. Chamber of Commerce testified ban jurisdictions, and large cities, are I also want to acknowledge the lead- that $1 billion of capital investment in all struggling to keep up with the need ership of the Environment and Public transit creates almost 50,000 jobs. to provide safe and reliable transit Works Committee, Chairman INHOFE Moreover, the economic development service for their citizens. The Depart- and Ranking Member JEFFORDS; and benefits of transit are becoming more ment of Transportation has estimated the Finance Committee Chairman and more apparent as new systems that very significant sums will be need- GRASSLEY and Ranking Member BAU- come into service. For example, we ed to maintain the condition and per- CUS, for their efforts to move this very heard testimony from one of the coun- formance of transit systems across the important bill forward. ty commissioners in Dallas that over $1 country. As has already been observed in this billion had been invested in private de- The transit title authorizes $53.8 bil- debate, SAFETEA did not emerge from velopment along Dallas’s existing and lion in transit investment. I am frank conference last year, regrettably, due future light rail lines, raising nearby to say I believe that the transit needs in large part to the unwillingness of property values and supporting thou- of the nation would justify even more, the administration to support the kind sands of jobs. but I am pleased to say that under this of significant investment needed to We heard from a representative of bill transit will see a significant in- meet our pressing transit and highway BellSouth that his company had de- crease in funding over TEA–21. A needs. As a result, we have had to pass cided to relocate almost 10,000 employ- strong transit program is essential to six short-term extensions of the pre- ees from scattered sites in suburban our efforts to improve our citizens’ mo- vious transportation legislation, TEA– Atlanta to three downtown buildings bility and strengthen our national 21. The uncertainty inherent in these near the MARTA rail stations because, economy.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.036 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4851 I want to take just a moment or two mulas are included to target transit was not to enact major changes to a to highlight some of the most impor- funds more directly to those States and program that has worked well. tant features of the amendment before cities with extraordinary transpor- The committee put a great deal of ef- us with respect to transit. tation needs. The bill includes a new fort into developing a package that The amendment provides for growth growth and density formula. The would recognize the various types of in both the urban and rural formula growth portion will distribute funds to transit needs across the Nation. Of program, with added emphasis placed all States based on their expected fu- course, as with any program with lim- on the rural program. The committee ture population, and the density por- ited resources, no one gets as much as was sensitive to the needs of the rural tion will provide funding to those they would like. But given the frame- areas of our country, and the rural pro- States whose populations are above a work within which the committee had gram will see significant growth in certain density threshold. to work, I think we have responded order to help States with large rural The bill also includes an incentive fairly and rationally to the needs that areas provide the services their resi- tier to reward small transit-intensive have been expressed to us. All in all, I dents need. cities, those cities with a population think this is a balanced package, which The bill also provides increased fund- between 50,000 and 200,000 which pro- I am pleased to commend to my col- ing in the Fixed Guideway Moderniza- vide higher than average amounts of leagues. tion Program. This funding is very im- transit service. The funds distributed This bill provides essential support portant to helping cities with older rail under these new formulas will help to our local and State partners in their systems, which in some cases were communities address their unique efforts to combat congestion and pollu- built almost a century ago, make the transportation needs. tion and to ensure that their citizens investments needed to preserve those The bill includes a requirement that can access safe and reliable transit highly successful systems, which lit- metropolitan planning organizations services. It is no exaggeration to say erally move millions of people every development a public participation this is essential legislation for the fu- working day. plan to ensure that public transpor- ture strength and vitality of our econ- The New Starts program, which helps tation employees, affected community omy and of our society, and I urge my communities make their first major in- members, users of public transpor- colleagues to support it. vestment in transit as well as expand tation, freight shippers, private sector Mr. President, I yield the floor. The PRESIDING OFFICER (Mr. existing systems, also grows under this providers—all the interested parties THUNE). The Senator from Alaska. bill. The New Starts program will en- concerned about the transportation in- Mr. STEVENS. Mr. President, I ask able communities to address their mo- frastructure—have an opportunity to unanimous consent I be allowed to bility and development needs with participate in the transportation plan speak for up to 10 minutes as in morn- transit investment and to gain the ben- approval process. ing business. efits of transit that exist elsewhere in Transportation investments are The PRESIDING OFFICER. Is there the country. among the most important decisions objection? Furthermore, the amendment main- made at the local level. I firmly believe Mr. INHOFE. Mr. President, reserv- tains the existing 80 percent Federal all interested parties should have an ing the right to object, and I will not match on new starts transit projects, opportunity to contribute to this proc- object, I would like to have the Sen- and thus continues the parity that has ess. Our transportation infrastructure ator add to his unanimous consent re- existed between the local match re- is central to making our economy and, quest that following his remarks we requirement for highway and transit indeed, our society work day to day. turn to the bill H.R. 3, as amended, for projects. This is a very important fac- That is why this is such a critical and consideration of amendments. tor in ensuring that the investment de- important piece of legislation. The PRESIDING OFFICER. Without cision at the local level is not weighted Finally, I am pleased that the legis- objection, it is so ordered. in one direction or the other because of lation includes a new Transit in Parks (The remarks of Mr. STEVENS are a more favorable local match require- Program to help national parks and printed in today’s RECORD under ment. Mayor McCory of Charlotte, NC, other public lands find alternative ‘‘Morning Business.’’) made this point in one of our hearings transportation solutions to the traffic The PRESIDING OFFICER. The Sen- when he observed that: problems they are now facing. This is a ator from Iowa. There’s a strong need to keep the program program the administration supports. Mr. GRASSLEY. Mr. President, I 80–20, as we do for other forms of transpor- It has very strong bipartisan support in want to discuss a transportation bill tation, including roads. That does send a the Senate. It is an effort to address that has been several years and several strong message that transit is as important the problem of overcrowding that has congressional sessions in the making. as our road network. come with increased visitation to our For a very long time now, Senator The bill makes a significant change national parks and other public lands. BAUCUS and I have worked with the in the new starts program by allowing In some cases people must wait in long various authorizing committees to pru- new starts funding to be used for the lines to get into a national park, or dently fund the highway and transit first time to fund transit projects that they get to the entrance and find they programs. Of course, this has not been do not operate along a fixed guideway, are turned back because the park’s an easy process. But last year, we as long as the project is seeking less roads and parking lots are at capacity. found a way to fund the programs in a than $75 million in Federal funds. TEA–21 required the Department of way that enabled every State of the There are only a few examples of such Transportation to conduct a study of Union to bring home more money for projects currently operating in the Na- alternative transportation needs in our needed transportation, particularly for tion, and I hope to work with the Fed- national parks and other public lands, highways. Let me repeat that because eral Transit Administration to ensure and that study confirmed that the it is important. Every Member of the that the FTA develops an appropriate parks are ready and willing to develop Senate, including those who com- quantitative methodology for evalu- transit alternatives. This legislation plained about our funding mechanism, ating the costs and benefits of such will help the parks make investments did better under our plan last year. projects, particularly as they relate to in traditional public transit, such as This year we face a different set of land use and economic development shuttle buses or trolleys, or other challenges. There are conflicts that impacts. types of public transportation appro- arose in last year’s conference that are As we begin to experiment with dif- priate to the park setting, such as wa- still with us. The conflicts spring from ferent forms of transit service, we must terborne transportation or bicycle and three principles that have proven very be careful not to adversely impact pedestrian facilities. difficult to reconcile. I will lay out FTA’s highly competitive and success- In closing, let me note that there are those conflicts. ful process for moving projects through a number of other provisions in the leg- The first principle is to get a high- the New Starts Program. islation that modify previous aspects way bill that is an improvement over While the bill preserves the general of the transit programs, but for the current policy. That is where over- structure of TEA–21, several new for- most part the committee’s intention whelming majorities are in both the

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.042 S10PT1 S4852 CONGRESSIONAL RECORD — SENATE May 10, 2005 House and the Senate. We need ade- using other general fund offsets to do The PRESIDING OFFICER. The Sen- quate funding for our transportation that. ator from Oklahoma. infrastructure. We need to do our best Almost none of these general fund Mr. INHOFE. Mr. President, I wish to to meet the job, economic develop- offsets are new, as nearly all were in- make one comment. We are on the bill, ment, and transportation needs of the cluded in the Senate-passed JOBS bill and I compliment Senators GRASSLEY country. The authorizers say improved last year. Two notable provisions have and BAUCUS for the great work they policy requires more trust fund money. been added. One of those provisions is have done. We have put together a good The second principle from conference intended to improve the administra- bill, and it is necessary to go out to the is deficit reduction. President Bush has tion of the Internal Revenue Service’s proper committee, the Finance Com- rightly put deficit reduction as a key offer-in-compromise program. The sec- mittee, to see what we can do to en- objective in general and applied it to ond involves a leasing tax shelter abuse hance this bill and make it a little bit the highway program in particular. To- in the transportation sector that we more robust. They have done a great ward that end, the administration has refer to by the acronym SILOs. These job, and I compliment them on that. pegged spending at $284 billion in were the schemes that allowed big cor- I yield the floor. spending over the applicable period. porations to claim tax deductions for The PRESIDING OFFICER. The Sen- In conference, the House brought for- bridges, pipelines, and subways that ator from Montana is recognized. ward a third principle. They made it are paid for with taxpayer dollars but Mr. BAUCUS. Mr. President, I am clear that they would not accept the with no risk for the leasing company. very pleased to join in offering the sub- use of general fund offsets to prevent Congress passed the JOBS bill last stitute amendment to this bill. This deficit increases because of the high- fall and outlawed these SILOs but not bill is called SAFETEA. It culminates way bill. without concessions to the interests of many months of hard work. I commend Over the last several years it has shelter promoters. Under that bill, the chairman, Chairman INHOFE, and been frustrating to see some Members SILO shelter promoters got more than Senator BOND, chairman of the trans- advance all these principles without a year to get their deals-in-process ap- portation subcommittee, and espe- acknowledging the inherent conflict. proved by the Department of Transpor- cially the chairman and ranking mem- tation. And, of course, I believe that is They say: Senator GRASSLEY, we need ber of the full committee, Senator more money for my State for roads or an outrage. We exerted great effort in GRASSLEY and Senator JEFFORDS, for transit. At the same time, these same Congress to shut down this abuse, but their hard work. the transition relief in the JOBS bill is I especially thank my good friend, Members would say: Senator GRASS- a sop to shelter promoters and an in- Senator GRASSLEY. He is a good man. LEY, why are you paying for it in this He is good to work with. He is prag- way or that way? sult to American taxpayers. This So to any complainers, I issue the amendment will end that abuse now, matic, practical, he cares, he wants challenge that I issued last year: If you not a year from now. good solutions, and he wants to advance the ball. The people of Iowa are complain about the additional money In committee, we marked up in align- very lucky to have him as their Sen- that the Finance Committee has found ment with the President’s $284 billion ator. Senator HARKIN is another great for your State, explain to me how you figure. That was the deal the author- Senator from Iowa, but I particularly would do it differently. Would you izing committees and this committee made with Leader FRIST to get the bill enjoy working with Senator GRASSLEY. forgo that money for your State? If to the floor. In our Finance Committee We have a strong working relationship you have an alternative, explain to me markup, I indicated my intent to work and it means a lot to me personally. how you would find the votes for your on the floor with Senator BAUCUS, the This legislation is critical for Mon- method of financing. I issued that chal- Senate leadership, and authorizers to tana and also for the country as a lenge last year, and somehow I didn’t grow the trust fund revenues in a man- whole. I cannot think of any other leg- get any takers. I expect complaints ner that does not negatively impact islation that would have such a sub- again this year despite the smaller the deficit. I believe we have incor- stantial effect on our Nation’s econ- numbers involved and don’t expect porated a Finance Committee amend- omy. The current transportation pro- anyone to take me up on the challenge. ment that does just that. gram expired in September 2003. Since Whether folks want to admit it, as I also understand and agree with the then, regrettably, Congress has had to we begin floor debate and conference House position that we should not mix enact extensions. We could not come on this bill, it will become increasingly general fund offsets and trust fund re- up with a solid 6-year bill. We have had apparent that these three principles sources. To that end, I want the Senate six extensions to the highway pro- conflict. As one who has tried and con- to know that I commit to working fur- gram—the most extensions in the his- tinues to try to enact a highway bill ther so that no general fund offsets are tory of the program. into law, I have worked very hard to required to maintain a sufficient trust Frankly, in addition to all of the sub- grow trust fund revenues in a way that fund for the conference agreement. stantive good provisions of the bill, it doesn’t increase the deficit or require At the markup, I also asked and I is very important to enact a full 5-year general fund offsets. While we were continue to ask the administration to bill rather than going down the road able to devise a floor amendment that shift its focus away from the top-line with more and more extensions. The grows the trust fund without increas- $284 billion number and toward the current extension expires at the end of ing the deficit, we were not able to do principle of deficit reduction. The bill this month, about 3 weeks from now. If so without the use of any general fund before the Senate, including our re- we fail to meet the deadline, the pro- offsets. We did get 40 percent of the cently added amendment to grow trust gram lapses and States will no longer way there using additional fuel fraud fund receipts, is paid for in its entirety receive their funds. We should not let compliance measures. We are filling in principally by cracking down abuse and that happen. We can and should do our most of the $5 billion gap with a small closing loopholes. In fact, this bill, as work right away. We have already seen version of the refund proposal which currently drafted, actually contributes an entire construction season go by the administration included in its fis- positively and substantially towards without a long-term bill. In Montana, cal year 2006 budget. deficit reduction. we have a very short construction sea- Finance Committee investigations I reemphasize that an exclusive focus son. Winter weather prevents us from reveal that many of the refunds are on the top-line spending number working on our roads all year long. We based in fraud, and these steps will viewed outside of a deficit reduction cannot afford any more delays. contribute to our efforts to close the context will only lead to a repeat of Because Congress has not acted, tax gap. A very small amount of that last fall’s conference gridlock. Grid- States are letting fewer bids; it is that gap is also bridged by changes to gas lock in conference won’t resolve the simple. Because Congress has not guzzler tax administration. We are still gridlock on our Nation’s highways. So acted, contractors, suppliers, and other awaiting progress on additional fuel I ask all the key players at each end of construction businesses have less busi- fraud measures and loophole closures Pennsylvania Avenue to focus on main ness. Transportation projects are very and plan to fill in the $5 billion gap in street and work toward a fiscally re- complex. Any bumps along the way conference. In the meantime, we are sponsible highway bill. only compound them over time.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.098 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4853 Another extension is not a solution. part the clouds that others have cre- for the amount of the refund. It is that We need to act; we need to act right ated over this bill and allow the sun to simple. Those are vehicles traveling on away. We should act on this bill and shine on this bill. the highways. We do not raise taxes on head to conference. By approving the Let me lay out the facts. State and local governments, not one substitute amendment and adding The President’s 2006 budget submis- penny. funding to the bill, we can speed the sion increased the funding proposed for Vehicles used by State and local gov- process to complete the conference. this bill. While I believe that those lev- ernments still cause the same wear and While I supported reporting this bill els are still artificially low, I want to tear on our roads as vehicles owned by out of the Environment and Public acknowledge that effort. entities that pay Federal gas taxes. So Works Committee because of a com- Two efforts by the Finance Com- the highway trust fund should not have mitment made by others to the Repub- mittee made possible the President’s to bear the burden of the exemption. lican leader, it was with the firm un- increased funding in its February budg- Some in the administration, and oth- derstanding I would offer an amend- et. The administration’s reliance on ers, call this an ‘‘accounting gim- ment to make substantial improve- these developments then makes its mick.’’ That is flatly not the case. The ments to this bill, working in conjunc- criticism of this amendment now ring administration uses the same refund tion with other Senators. hollow. mechanism to pay for the President’s That is why we are here today offer- The first reason the President was Transportation bill. If it was not an ‘‘accounting gim- ing this important amendment, which able to increase his highway funding mick’’ in February, when the President is part of the underlying bill, to in- request was the Finance Committee’s submitted his budget, then it is not an work last year on fuel fraud and the crease the authorization and spending ‘‘accounting gimmick’’ for Congress to ethanol credit. levels in this bill. use the same mechanism now. It is not The President’s budget proposal de- Chairman GRASSLEY and I have been a gimmick anyway. working for 3 years to develop the fi- pends on the increased dollars from the In addition to the elements contained nancing for the Transportation bill. It fuel fraud provisions and the volu- in the President’s budget, let me brief- is not a simple task. I am pleased to metric ethanol credit that Congress en- ly describe the other provisions that say the chairman and I have proposed a acted as part of the JOBS Act last increase receipts in the highway trust package that does several things. year. fund. First, we shore up the highway trust Over the years, the Senate spent The amendment will increase collec- fund to ensure solvency during the life many hours debating the merits of eth- tions of present-law fuel taxes. The of this bill by providing over $7 billion anol incentives. I believe the incen- amendment will improve tax compli- in additional receipts during the au- tives are good agricultural policy and ance with respect to blend stocks used thorization period. good energy policy. in gasoline. Second, using these receipts, we in- But whether you favor the incentives The proposal prevents the blending of crease investments in this Nation’s in- or not, last year, Congress broadly untaxed chemicals with gasoline by frastructure by $8.9 billion for the agreed that the highway trust fund imposing the Federal excise tax when highway program and $2.3 billion for should not bear the burden of that sub- blendstocks are removed from the bulk the transit program. sidy. The volumetric ethanol tax credit system. Third, we fully pay for the additional in the JOBS bill eliminated that prob- We make sure that kerosene used on highway spending in this amendment. lem, and we do so here again today. the highways is taxed as diesel fuel, Repeating that, we fully pay for high- The Finance Committee also devel- and we improve the rules for tax-free way spending in this amendment. We oped proposals to reduce fuel tax eva- fuel purchases by requiring appropriate do so in a responsible manner. sion. We tightened the rules for fuel certification that an entity is exempt Let me take a couple moments to transfers and increased penalties for from the fuel taxes. comment on the misperceptions and, noncompliance with the tax laws. The amendment also dedicates the frankly, outright distortions that I When Senator GRASSLEY and I first gas-guzzler tax to the highway trust have heard about this amendment. introduced the ethanol changes and fund. Today this transportation excise First, we do not raise gas taxes in fuel fraud provisions, we heard some of tax goes to the general fund. That does this amendment. I will repeat that. We the same comments and criticisms we not make any sense. It belongs in the do not raise gasoline taxes. hear today. highway trust fund. After all, these are We can increase resources to the Yet enactment of these provisions vehicles that travel on the highways. It highway trust fund without raising has added more than $17 billion to the belongs in the highway trust fund with taxes. It is that simple. Don’t be fooled highway trust fund for the years 2005 the rest of the Federal excise taxes by the hysteria of some who flatout op- through 2009. The President and the that are imposed on vehicles and fuels. pose more funding for transportation House could not have funded their cur- This proposal does not take current and will say almost anything to defeat rent $284 billion proposals without dollars out of the general fund, but when the guzzler tax is paid in the fu- our efforts. those dollars. ture, it will go to the highway trust I have also heard people say this Second, the President’s 2006 budget fund. submission also included what some amendment transfers general fund The amendment maintains the integ- money to the highway trust fund. call ‘‘the refund proposal.’’ This provi- rity of the highway trust fund. The That, too, mischaracterizes our pro- sion relates to the amount currently highway program will be paid entirely posal. refunded to States, cities, and schools by transportation excise taxes to the The other day, Secretary of Trans- that are exempt from paying the Fed- highway trust fund. But because more portation Mineta made a very inter- eral gas tax. transportation taxes will now right- esting statement. When he described States, cities, and schools do not pay fully go to the highway trust fund, our amendment to raise the invest- the Federal fuel tax. They are exempt. there will be a gap to fill in the general ment in transportation, he said: That is appropriate. They should be. fund. ‘‘There is a dark cloud looming on the Right now, when a State, city, or We make the general fund whole by horizon.’’ school fills its vehicle with taxed fuel, including revenue-raisers that are not But when his own Department esti- the organization is entitled to get a re- related to highways. These are good mated the unmet transportation needs fund of the Federal excise tax. They policy loophole closers. Everybody in this country, the Transportation De- get that refund. would want to vote for these regard- partment said there are more than $325 Currently, the general fund pays that less, just standing alone. They are the billion in unmet needs. That figure refund. Then the highway trust fund sort of provisions the Senate has grows each and every day that we fore- repays the general fund. That doesn’t passed before. go maintenance of the transportation make sense. All in all, it is a win-win situation. system. All we are saying in this amendment This bill pays for highways legiti- This amendment is no dark cloud. is that the highway trust fund should mately and replenishes the general Rather, adopting this amendment will not have to reimburse the general fund fund legitimately.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.100 S10PT1 S4854 CONGRESSIONAL RECORD — SENATE May 10, 2005 On April 27, the majority leader hope that as this debate continues, my make further changes. It is that sim- stood on the Senate floor and said this colleagues will understand the very dif- ple. about the Transportation bill: ficult task of drafting a national for- To my friends who have come to me I am confident by working together we can mula. We must work together. Prior over these past weeks asking for more get this done, and we can demonstrate rea- transportation bills have never been money for their States, I simply say: sonable fiscal restraint. partisan fights. It is very important. Now is the time to stand and be count- At the Finance Committee markup, I There is no such thing as a Republican ed. Now is the time to complete action made that same statement that we road or a Democratic road; they are on this bill and invest in our future. would be responsible in this new fund- American roads. Let us not allow gridlock in Congress ing amendment. We have done that. We I remember fondly working with Sen- to cause gridlock on the main streets have been responsible. ator Daniel Patrick Moynihan on of America. Let us adopt this amend- I commend my colleagues who voted ISTEA in 1991. We had good debates on ment and provide the funding our for the Talent-Wyden amendment to the future of transportation policy. He transportation system needs. Let us this year’s budget resolution. That had such vision, and ISTEA reflected move this bill to help get our economy amendment firmly stated that new re- that vision. moving. ceipts to the highway trust fund should In 1998, I worked closely with two Mr. President, I again thank all be available and spent in this bill. dear friends developing TEA–21—the those concerned. I yield the floor. Eighty-one of us supported that late Senator John Chafee of Rhode Is- The PRESIDING OFFICER. The Sen- amendment. That is an overwhelming land and Senator JOHN WARNER of Vir- ator from Kentucky. majority of the Senate supporting ad- ginia. We worked side by side through Mr. MCCONNELL. Mr. President, I ditional transportation funding in this many long nights and hours of discus- know there are a number of my col- bill, all paid for. sions. Each of us brought a different leagues waiting to speak this evening. Mr. President, I say to my col- perspective to the table. I represented I assure them I will take a minute and leagues, this amendment provides the the needs of rural and Western and then yield the floor. funding they voted for in the budget Midwestern States, Senator Chafee rep- CLOTURE MOTION resolution. Each of the 81 Senators who resented the Northeastern States, and Mr. MCCONNELL. Mr. President, I supported the budget resolution Senator WARNER represented the donor send a cloture motion to the desk on amendment should support this new States, generally Southern States. the pending substitute. money. Each of us recognized that with a na- The PRESIDING OFFICER. The clo- Why are we working so hard to in- tional transportation program, we had ture motion having been presented crease the funding in this bill? Let me to balance the needs of each constitu- under rule XXII, the Chair directs the explain why we have not just given in ency. I believe we put together a good clerk to read the motion. and gone along. product in TEA–21. Was it perfect? Of The legislative clerk read as follows: Every billion dollars in infrastruc- course not, but it moved our country CLOTURE MOTION ture investment creates nearly 47,500 forward. Did I get everything I wanted We the undersigned Senators, in accord- jobs—every billion dollars. That is im- for my State? No. We did not get to ance with the provisions of rule XXII of the portant. Over the life of the bill, we write legislation in a vacuum. We had Standing Rules of the Senate, do hereby will sustain more than 2 million good- to work together. move to bring to a close debate on the pend- paying jobs. The bill before us is balanced. We ing substitute to Calendar No. 69, H.R. 3, a Highway jobs are jobs that stay in have worked hard to balance the needs bill to authorize funds for Federal-aid high- the United States. You cannot export of the various States, each with dif- ways, highway safety programs, and transit highway jobs. You cannot outsource ferent interests but with a common programs, and for other purposes. Bill Frist, James Inhofe, David Vitter, highway jobs. They are not shipped purpose. We have worked hard to bal- Thad Cochran, Norm Coleman, Jim overseas. This bill will affect all Amer- ance the needs of highways and transit. DeMint, Richard Shelby, Orrin Hatch, icans whether they build the road or It is time for us to finish the job. We Kit Bond, Chuck Grassley, Pete drive on the road. have substantial differences with the Domenici, Jim Talent, Richard G. Our economy could sure use a boost, House. We need to get this bill to con- Lugar, John Thune, Bob Bennett, and one certain way is to produce jobs ference so we can iron those differences George Allen, Mitch McConnell. through this bill. It is a jobs bill. out. Mr. MCCONNELL. Mr. President, I This bill is an economic engine for Legislating is the art of compromise. now send a cloture motion to the desk my State of Montana. The last Trans- I have been fortunate to represent the on the underlying bill. portation bill, TEA–21, provided more people of Montana in this Capitol for The PRESIDING OFFICER. The clo- than $1.2 billion in my State and the last 30 years. In that time, I have ture motion having been presented helped sustain more than 11,000 jobs. worked on hundreds of pieces of legis- under rule XXII, the Chair directs the With the increased funding in this sub- lation that have become law. To craft clerk to read the motion. stitute amendment, Montana and every these measures, I have worked with The legislative clerk read as follows: other State in the country will receive Members on both sides of the aisle— CLOTURE MOTION a much needed increase in economic with Members on my side and Members We the undersigned Senators, in accord- growth and development, all paid for. of the other side—because, after all, we ance with the provisions of rule XXII of the This amendment will also allow us to all are Senators. I have not received Standing Rules of the Senate, do hereby make some modest changes to the for- everything I wanted. I have had to give move to bring to a close debate to Calendar mulas in the SAFETEA bill. We made a little bit. That is what we all do No. 69, H.R. 3, a bill to authorize funds for changes for both donor and donee around here. We are a nation of 50 Federal-aid highways, highway safety pro- States. For the donee States, we have States with different needs. I hope my grams, and transit programs, and for other purposes. increased the guaranteed funding from colleagues will continue to work with Bill Frist, James Inhofe, David Vitter, 110 percent of TEA–21 levels up to 115 us on the Senate floor with that in Thad Cochran, Norm Coleman, Jim percent each year of the bill—each and mind. There are small States, there are DeMint, Richard Shelby, Orrin Hatch, every year. From a 110-percent increase large States, there are urban States, Kit Bond, Chuck Grassley, Pete to a 115-percent increase—that is for there are rural States, there are donor Domenici, Jim Talent, Richard G. the donee States. States, and there are donee States. We Lugar, John Thune, Bob Bennett, For the donor States, we have pro- have done our very best to balance the George Allen, Mitch McConnell. vided funding to bring every donor various needs. Mr. MCCONNELL. Mr. President, I State to 91 cents on the dollar begin- Our ability to address many of the say to all of our colleagues that votes ning in 2006, with an additional guar- outstanding issues depends on the on these cloture motions will occur on antee of 92 cents in 2009. added funding this amendment pro- Thursday. Before we adjourn tonight, I know this is not what everybody vides. We could not balance them with- there will be additional information on wanted, but we have limited funds. We out this added funding. Without addi- the balance of the schedule for the cannot do everything for everyone. I tional funding in this bill, we cannot week.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.102 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4855 I yield the floor. but at any rate the taxpayers can hold So it is clear from the studies that toll- The PRESIDING OFFICER. The Sen- the elected officials accountable. To ing an interstate will shift traffic to ator from Oklahoma. allow unelected transportation offi- other roads and potentially to other Mr. INHOFE. Mr. President, I thank cials to simply install a toll booth on States. the Senator from Montana for his com- facilities already paid for by Federal These States would not share in the ments and a very excellent explanation tax dollars is unacceptable. toll revenue but would bear the brunt as to how the Finance Committee is Tolling existing highways will also of the costs for more accidents on their coming up with some more money to increase the number of drivers on the roads, more traffic, pollution, and try to make this a better bill. free roads, resulting in greater conges- added highway maintenance and expan- Senator JEFFORDS and I have been tion and more accidents. Studies show sion costs. I cannot support a program trying to get people to come down with that drivers will choose to bypass the which could shift new traffic and re- amendments for several days now. We tolls by driving on local, small roads. lated burdens to our State and others. are pleased that Senator Hutchinson We also know that tolls on existing The underlying SAFETEA bill estab- and Senator NELSON of Nebraska have interstates will produce substantial di- lishes a commission to explore alter- an amendment. It is one to which we version of truck traffic to other roads, native sources of transportation rev- have agreed, but there may be others and our rural roads are not equipped to enue. The commission should be al- who want to be heard on it. handle significant truck traffic. lowed to complete its work before we I yield the floor. In Ohio, traffic tripled on US–20 after start experimenting with tolls or any The PRESIDING OFFICER. The Sen- toll increases on the Ohio Turnpike. other alternative. ator from Texas. Unfortunately, fatal accidents on US– At the request of Senator WARNER, AMENDMENT NO. 617 TO AMENDMENT NO. 605 20 are now 17 times more common than we have modified the amendment to Mrs. HUTCHISON. Mr. President, I those on the turnpike. In response, limit the interstate tolling program to send an amendment to the desk and Ohio’s Department of Transportation the Commonwealth of Virginia. The ask for its immediate consideration. decided to lower the tolls, even though senior Senator from Virginia and the The PRESIDING OFFICER. The the action did reduce the revenues for State’s congressional delegation have clerk will report. the State. been working with Virginia’s Depart- The legislative clerk read as follows: A recent study predicted that a 25- ment of Transportation for more than 3 The Senator from Texas [Mrs. cent-per-mile toll on an interstate years on the I–81 project. Virginia is HUTCHISON], for herself, Mr. NELSON of would cause nearly half the trucks to the only State with an active applica- Nebraska, Mr. BURNS, Mr. SHELBY, Mr. divert to other routes. This is an un- tion pending before the U.S. Depart- PRYOR, and Mr. GRAHAM, proposes an derstandable economic decision for ment of Transportation. While I dis- amendment numbered 617. trucking companies considering that agree with implementing this program, Mrs. HUTCHISON. Mr. President, I truckers’ profit margins average 2 to 4 I am willing to defer to Senator WAR- ask unanimous consent that the read- cents per mile and the rising price of NER on the need to allow Virginia to ing of the amendment be dispensed gasoline has already affected profit- finish its application and have there- with. ability. Technology already exists to fore agreed to this modification. I am going to defer to the Senator The PRESIDING OFFICER. Without help truckers and other drivers evade from Nebraska, who is one of the co- objection, it is so ordered. tolls in a cost-effective manner. It does sponsors of the bill. I hope we will be The amendment is as follows: not make sense to invest in tolls that able to pass this amendment. It is very (Purpose: To limit the number of facilities at people will not pay. important that the taxpayers of Amer- which the Secretary may collect tolls in Tolling interstates would reduce the ica know they are going to have the op- the State of Virginia) safety of nearby local roads, degrade portunity to use this interstate system On page 250, strike lines 17 through 19 and the quality of life in neighboring areas, their tax dollars for 50 years have gone insert the following: and hurt the economy. Eighty percent to build. (B) by striking paragraph (2) and inserting of the Nation’s goods travel by truck, the following: The purpose of having an interstate and they will travel more slowly and ‘‘(2) LIMITATION.—The Secretary may per- system was so we would have seamless mit the collection of tolls under this sub- expensively if tolls are imposed on transportation into all of our States section on 1 facility in the State of Vir- interstates. and it is very important we keep those ginia.’’; The Federal Government collects highways that have already been built Mrs. HUTCHISON. Mr. President, taxes to fund the Federal interstate free highways for the citizens who have this is an amendment that is going to highway system. The States should not already paid for them. I urge the sup- try to take away the right of States to have the right to come in and impose port of my colleagues. put tolls on interstate highways that another tax via a toll. The idea of toll- I defer to the Senator from Nebraska. have already been paid for and built by ing Texas highways is more concerning The PRESIDING OFFICER. The Sen- the taxpayers of our country. Recently, to me because the Federal highway ator from Nebraska. there has been a renewed interest in program has treated my home State Mr. NELSON of Nebraska. Mr. Presi- expanding opportunities to toll our Na- pretty poorly. Texas is the single larg- dent, I thank my colleague from Texas, tion’s interstate highway system. The est donor State over the program’s 50 Senator PRYOR, and others for sup- interstate system was conceived and years of history. We have the most porting and cosponsoring this legisla- built with Federal tax dollars, so toll- highway miles of any State and our tion, which I think is extremely impor- ing interstates amounts to double tax- drivers have contributed billions to tant. There are several points that ation. other States to enable them to build need to be made about it. One is to Today, I, along with Senators NELSON their portion of the Federal highway point out what it does not do. It does of Nebraska, SHELBY, BURNS, AND network. not prevent tolling. Tolling on new PRYOR, offer an amendment which sim- In this bill, we will get a 91-cent reconstruction and on additional con- ply repeals a provision from the pre- turn. It is better than the previous 5 struction on existing highways will be vious highway bill, TEA–21, the Inter- years, but I am going to continue to continued to be permitted. What it state System Reconstruction and Re- work for parity. I have always defended does do, as a matter of fairness, is it habilitation Pilot Program, which is States rights, but the flexibility to toll stops the equivalent of double taxation known as the interstate tolling pro- interstates has a clear effect on inter- on existing highways already paid for gram, which is fundamentally unfair to state commerce and fundamental fair- by the Federal gas tax and in many taxpayers. ness. If Arkansas, for example, decided cases State gas tax dollars. I have said if local communities and to toll I–40, all deliveries coming into What this will avoid having is an ad- States want to come together and build or out of Texas on I–40 would be subject ditional tax now put on those highways a toll road, they should be able to do it. to that toll. In effect, Texas businesses in the name and in the form of a toll, In these situations, the taxpayers and citizens would be taxed for using perhaps a little less ominous sounding know what they are getting into. Many that highway. As a donor State, our than a tax. If one looks at the net ef- times a vote is required to issue bonds, taxes have already helped to finance it. fect of putting a toll on an already

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.106 S10PT1 S4856 CONGRESSIONAL RECORD — SENATE May 10, 2005 paid-for stretch of highway, it amounts The PRESIDING OFFICER. Without Additionally, these offsets include ef- to an additional tax, in this case dou- objection, it is so ordered. forts to target fuel tax evasion schemes ble taxation. (The remarks of Mr. BURNS and Mr. to ensure that additional money is The second point that is important BAUCUS are printed in today’s RECORD available to properly fund the highway to make about this bill is it is a matter under ‘‘Morning Business.’’) bill. of highway safety. All studies will indi- The PRESIDING OFFICER. The Sen- In 1998, the Transportation Equity cate very clearly that if there is a ator from Ohio. Act for the 21st Century, TEA–21, was choice between a toll road and a Mr. VOINOVICH. Mr. President, I enacted, increasing the Federal invest- nontoll road, it is most likely that rise in support of the Safe Accountable, ment in highways and transit by near- truckers and other drivers will seek to Flexible and Efficient Transportation ly 40 percent. This bill increases fund- use that nontoll road. In many cases, Act of 2005 and the cloture motion that ing over TEA–21 by about 35 percent. that is not going to present a matter of was filed this evening. Now, people will hear those numbers, safety, but in all too many cases it will First, I commend Senators INHOFE, and they will think: Wow, that is an redirect traffic and reroute traffic to JEFFORDS, BOND, BAUCUS, GRASSLEY, enormous increase in spending. But lis- older, smaller, and less capable roads of SHELBY, SARBANES, STEVENS and ten to some of these facts. handling that additional traffic. That INOUYE and their staffs for their hard While the total funding is still well not only will be a burden for the roads work and strong leadership in putting below what I and several of my col- and will deteriorate the roads at a fast- together a bipartisan bill. As a member leagues think is appropriate and nec- er rate than was originally planned in of the Environmental and Public essary, I support this bill because it their construction, but it will also Works Committee, I am pleased to represents a compromise between the raise the amount of traffic in many have been a part of this effort. Senate-passed bill last Congress and cases on two-lane highways or smaller In the last Congress, I was a conferee the level the President has requested. I highways and will increase the safety for the bill and we worked in a bipar- commend the managers of the bill for factor. I think it is pretty clear that tisan fashion, but we were unable to their hard work in finding this middle we would ordinarily not take away the get the bill across the finish line. To ground. As I mentioned, this legislation is right of a State to do this. But under expedite the process this year, this bill modest, given the need. It falls far these circumstances, where we are al- is essentially the same language that short of the level that would improve lowing tolling of existing lanes on the the Senate passed the last time around and even maintain our Nation’s high- Interstate Highway System, that is bad with the support of 76 Senators. The way system. Frankly, the bill that policy and it is absolutely unfair. only difference is the numbers have passed last Congress was not enough, This amendment does not affect the been adjusted to reflect a lower spending level. either. State’s ability to finance new construc- According to the Federal Highway tion using tolls, as perhaps some I call on the President and my colleagues in both the House and the Sen- Administration’s 2002 Conditions and thought. But it does affect the right to Performance Report, $106.9 billion is do it in the case of existing highways. ate to work expeditiously to get this bill enacted into law as soon as pos- needed every year through 2020. It is I urge my colleagues to support this needed to maintain and improve our amendment. We worked out the ques- sible. We have serious needs to our aging highways and bridges. And just to tions that have been raised with re- maintain the system, $75.9 billion is spect to the State of Virginia. We be- infrastructure. The deterioration of our Nation’s transportation system is needed annually through 2020. lieve that has now been handled, and This bill contains $199 billion in guar- impacting our economy, the environ- this legislation should pass as part of anteed funding for highways for 5 ment, and the welfare of the American this important bill. years. This is only an average of about I yield the floor. people. Passage of a transportation bill $36.5 billion annually, which is $70.4 bil- The PRESIDING OFFICER. The Sen- cannot be delayed any further due to lion below what is needed to improve ator from Montana. these needs and the numerous jobs it and $38.8 billion below what is needed Mr. BAUCUS. Mr. President, I under- creates. It is simply too important to to maintain the system. So this is not stand there is no further debate on the our Nation in terms of its benefits to some gigantic porkbarrel ripoff legisla- amendment. I see the Senator from our economy and environment and to a tion. It is a modest attempt to meet Texas wishing to urge the adoption of safe and equitable transportation sys- the needs we have in our country. this amendment. We have no objection. tem. Additionally—and I will go into this It is a good amendment and I urge its A new substitute amendment was more later—I would have liked donor passage. added to this bill yesterday which in- States to get back more of each dollar The PRESIDING OFFICER. Is there creases the total guaranteed Federal they put in the highway trust fund. further debate? investment in highway and transit However, the inadequate funding pales Mrs. HUTCHISON. I thank my col- funds to $251 billion, about an $11 bil- in comparison to the need to pass a bill league from Nebraska for being a co- lion increase. I am pleased that the Fi- now. TEA–21 expired on September 30, sponsor of the amendment. My col- nance Committee, under the leadership 2003. That was 19 months ago, and we league, Senator NELSON, signed on very of Senators GRASSLEY and BAUCUS, was are still trying to get a bill done. This early, as did Senator BURNS. I really able to fully offset this increase so as program has been operating under a appreciate that. not to increase the debt, as Senator total of six short-term extensions, and Mr. President, I urge the amendment. GRASSLEY spoke so eloquently about it the next extension expires at the end of The PRESIDING OFFICER. If there earlier today. this month. is no further debate, the question is on It is my understanding the bill re- Our States and our workers cannot agreeing to the amendment. mains budget neutral. I think it is im- afford for us to simply pass another ex- The amendment (No. 617) was agreed portant that everyone understand that. tension. We cannot pass another exten- to. It is budget neutral because many of sion. State contract awards for the 2005 Mr. BAUCUS. Mr. President, I move these offsets were included in the Sen- spring and summer construction season to reconsider the vote. ate-passed version of the JOBS bill last are going out to bid. If we fail to enact Mrs. HUTCHISON. I move to lay that year. They passed the Senate but were a bill by the end of this month, States motion on the table. taken out in the conference committee will not know what to expect in Fed- The motion to lay on the table was on the JOBS bill, so they are available eral funding, potentially delaying agreed to. to us as offsets in this bill. many projects. The PRESIDING OFFICER. The Sen- Second, offsets are included in the According to a survey conducted by ator from Montana. bill which go after the proliferation of the American Association of State Mr. BURNS. Mr. President, I ask abusive tax shelters used by individ- Highway Transportation Officials, an- unanimous consent I may proceed as in uals and corporations and include in- other extension could mean the loss of morning business for the next 10 min- creased criminal fines and penalties for over 90,000 jobs and $2.1 billion in utes. those committing those abuses. project delays.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.107 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4857 This is the most significant jobs bill absent any new Federal investment in sure being put on them by their respec- we will pass this Congress. We have an highway safety. Studies report that tive DOT directors. The bill increases opportunity with this bill not only to every $1 billion invested in road im- funding by 35 percent over TEA–21. In improve and repair our crumbling high- provements since 1950 has helped pre- order to get it enacted before the ex- ways and bridges but to create good- vent 1,400 premature deaths and nearly tension at the end of the month ex- paying jobs at the same time. 50,000 injuries, as well as helped save pires, the bill must be passed this The transportation construction in- over $2 billion in health care, insur- week. dustry generates more than $200 billion ance, lost wages, and productivity Second, Ohio needs to no longer be in economic activity and helps sustain costs. penalized for consuming ethanol-blend- 2.5 million jobs in the United States If we continue to ignore the upkeep ed fuel. That is one of the issues we each year. According to the U.S. De- and allow the deterioration of our in- worked on during the last several partment of Transportation, every $1 frastructure, we risk disruptions in years. Because we are a high ethanol billion invested in highway construc- commerce and reduced protection for user and because of the fact that tion creates 47,500 jobs and generates public safety, health, and the environ- money didn’t go into the highway trust more than $2 billion in economic activ- ment. fund, we were losing about $140 million ity. This economic activity includes This bill is extremely important to a year. I cosponsored language last $500 million in new orders for the man- my State, which has one of the largest Congress, written by Senator GRASS- ufacturing sector that is so desperately surface transportation networks in the LEY, to transfer 2.5 cents of the Federal needed in my State. country. There are 60 public transit tax on ethanol-blended fuel from the AASHTO estimates that over the systems serving 58 of Ohio’s 88 coun- general fund of the Treasury to the next 5 years, the highway portion of ties. This is a statistic that I am sure highway account of the highway trust this bill would create about 518,000 jobs my fellow Ohioans are not aware of. In fund and to replace the 5.2 cents per nationally and 23,000 jobs in the State 2003, these systems made approxi- gallon reduced tax rate for ethanol- of Ohio. Perhaps even more impor- mately 135 million trips. Ohio has the blended fuel with a tax credit. tantly, let me reiterate that the failure Nation’s fourth largest rural transpor- Fortunately, we were able to make to pass this bill could cause the loss of tation program, the fifth largest bus these changes last Congress in the 90,000 jobs across the country. fleet, the ninth most transit vehicle JOBS bill which means $400 million in It is also estimated that every dollar miles traveled, and the tenth highest increased funding for Ohio over the life invested in the Nation’s highway sys- overall ridership in the Nation. of this bill. tem generates $5.70 in economic bene- The American Public Transportation Our Department of Transportation fits, including reduced delays, im- Association estimates that for every has informed me they need a 91-percent proved safety, and reduced vehicle op- $10 million spent, 310 jobs are created, rate of return to meet Ohio’s transpor- erating costs. This is a 6-to-1 return on and $30 million in business sales is gen- tation goals over the life of this bill. investment. It has a synergistic effect erated. For transit, Ohio will receive Again, this bill takes us to 92 percent. on so many parts of our economy. $884 million, which is about $220 mil- Because of this, our Ohio Department Ohio’s ‘‘just in time’’ economy can- lion more, or a 33-percent increase over of Transportation will be able to move not afford any further delays in passing TEA–21. forward with their Jobs and Progress this bill, as transportation congestion In terms of highways, Ohio has the Plan, a $5 billion, 10-year Ohio con- seriously threatens our competitive- Nation’s seventh largest highway net- struction program dedicated to Ohio’s ness. Our aging infrastructure is also work, fifth highest volume of traffic, most pressing congestion, safety, and impacting people in their pocketbooks. fourth largest interstate highway net- rural access needs. This plan is possible Nationwide, 162,000 bridges are struc- work, and the second largest inventory because Ohio approved a State motor turally deficient or functionally obso- of bridges in the country. vehicle fuel tax increase in 2003 to pro- lete, and 160,000 miles of highway pave- Under TEA–21, Ohio received a 23-per- vide half of the funding. This new con- ment are in poor or mediocre condi- cent increase in highway funding. This struction program in Ohio will employ tion. Americans pay $49 billion a year bill will provide Ohio with $7.7 billion, approximately 3,950 construction work- in extra vehicle repairs and operating which is about $1.91 billion more, or a ers directly and another 9,850 indirect costs due to road conditions. This is an 33-percent increase over TEA–21. highway jobs. The citizens of Ohio average of $255 per driver in the United Throughout my career, I have been should be proud of the fact that they States of America. working to ensure that Ohio receives reached into their pockets to increase Americans also pay due to increased its fair share of highway funding. their gas tax so Ohio will be a leader in congestion and poor road conditions. Through the 1990s, we moved from re- this country in responding to its high- The average urban rush-hour driver ceiving less than 80 percent of our conway needs. spends almost 62 additional hours a tributions to the highway trust fund to The Ohio Jobs in Progress Plan is year stuck in traffic—62 additional 90.5 percent under TEA–21. going to help finance several major hours a year stuck in traffic. Vehicles This is, again, one of my top prior- projects throughout the State, includ- caught in stop-and-go traffic emit far ities for reauthorization. ing a $350 million project to rebuild I– more emissions than they do without Early this year, along with 19 cospon- 75 in Dayton, a $400 million project to frequent acceleration and breaking. sors, Senator CARL LEVIN and I intro- begin rebuilding the central viaduct or, Traffic congestion is also responsible duced legislation, the Highway Fund- as we in Cleveland call it, ‘‘dead man’s for 5.7 billion gallons of wasted gaso- ing Equity Act of 2005, to increase curve,’’ and a $600 million project to line every year. Wasted fuel and lost donor States’ minimum rate of return improve the I–70/I–71 split in Columbus. productivity due to traffic congestion to 95 percent. It has been a pleasure to It also includes investments in high costs the U.S. economy nearly $70 bil- lead this effort on behalf of the crash locations and the freight cor- lion annually. So this issue of highway SHARE—States’ Highway Alliance for ridors such as U.S. 24 and U.S. 30 in construction, repair, and maintenance Real Equity—coalition in the Senate. northwest Ohio. has a dramatic impact on the quality This bill increases the guaranteed In addition, the bill provides funding of life of our fellow Americans. share for all donor States to 92 percent for $202 million worth of projects that It not only costs our economy and by 2009. While it is not the 95 percent ODOT has ready to go but no funding. environment, but also lives. Nearly we sought, I recognize that it is a com- The 128 projects on the shelf range 43,000 people were killed on America’s promise, and the Ohio Department of from major reconstruction to traffic roads in 2003. Poor road conditions Transportation has told me it is suffi- signals. were a factor in one-third of those fa- cient. Finally, I have a few comments about talities. In Ohio, 1,277 people were First and foremost, ODOT has made the environmental planning and killed on roads in 2003, and the number it clear they need a bill with an in- project delivery provisions of this bill. increased to 1,285 in 2004. The Federal creased level of investment signed into As chairman of the Clean Air, Climate Government predicts highway fatali- law as soon as possible. I hope all of my Change, and Nuclear Safety Sub- ties will grow to nearly 52,000 by 2009, colleagues have the same kind of pres- committee, and the past chairman of

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.108 S10PT1 S4858 CONGRESSIONAL RECORD — SENATE May 10, 2005 the Transportation and Infrastructure The current surface transportation au- At the same time, travel on Califor- Subcommittee, I understand full well thorization expires at the end of the nia’s roads nearly doubled between 1980 the importance and significance of the month. We have to get this bill out of and 2000, while the population in- overlap between highway planning and the Senate now. I urge my colleagues creased only 42 percent. air quality. to work to achieve that, get it into We are all familiar with pictures of As requested by Federal, State, and conference, get it done, get it passed, California’s gridlock—cars sitting on local officials, this bill makes impor- get the President to sign it, and let’s our freeways, moving at a snail’s pace. tant improvements to the conformity make sure that what APTA predicts The facts bear out the images. Out of process by synchronizing planning and doesn’t happen, and that is, if we don’t the top five congested urban areas in conformity timelines and require- get this bill passed, we are going to the Nation, California has three. Los ments. It also modifies the Congestion lose 90,000 jobs. Angeles is the most congested, followed Mitigation and Air Quality Improve- Mrs. FEINSTEIN. Mr. President, I by San Francisco-Oakland. San Diego ment Program, called CMAQ, to in- would like to take a few minutes today is the fifth most congested area in the clude nonattainment areas for the new to talk about the Transportation reau- country. ozone and particulate matter stand- thorization bill before us and why I be- In LA County, 85 percent of freeway ards. EPA has designated about 500 lieve it is necessary to pass a transpor- lane miles are congested, and Los An- counties in this Nation as in non- tation bill before the authorization geles motorists waste 177 hours a year attainment, including 33 counties in ends on May 31, 2005. per driver. Ohio. These areas will need all the help The Transportation reauthorization Traffic congestion in California costs they can get to attain the new stand- bill is a jobs bill. According to the U.S. motorists $20.7 billion annually in lost ards, and the CMAQ Program will help Department of Transportation, each $1 time and fuel. And with rising fuel to pay for those things that need to be billion in new infrastructure invest- costs, that total is only going to in- done. ment creates 47,500 new jobs: 26,500 of crease. While these are two areas in which I these are directly related to construc- I am also concerned with the Senate believe we made progress, I believe we tion, engineering, contracting, and bill’s changes to the Congestion Man- could have done more with the metro- other on-site employees, and 21,000 are agement and Air Quality Improvement politan and statewide planning and indirect jobs resulting from the spend- Program, or CMAQ. The CMAQ formula transportation project delivery provi- ing associated with the investment. currently apportions funds to states sions in this bill. As a former Gov- Improving our transportation infra- based on the severity of ozone and car- ernor, I was frustrated at how long it structure is one of the critical things bon monoxide pollution. The Senate took to do a highway project from the we can do to create jobs. bill proposes to change the formula so beginning to the end. As Senator, I My State, California, needs a robust that CMAQ awards to areas with ozone have wanted to do something meaning- transportation bill to help clean the pollution, regardless of the severity of ful on this issue since I was chairman air, ease congestion on the roads, and that pollution. of the Subcommittee on Transpor- create jobs. However, I do have some The Los Angeles Metropolitan Tran- tation and Infrastructure. While I was concerns about this bill. sit Authority—LAMTA—estimates chairman, I held a number of oversight As a representative of a donor State, that this ‘‘one-size fits all’’ approach hearings on the implementation of the I am extremely disappointed that so could cost California as much as $160 streamlining provisions included in many States are still being asked to million in CMAQ grants over 4 years. TEA–21. Although I have not intro- give more than they receive in Federal This change is a huge problem for duced any amendments on this matter, transportation dollars. I believe that California. California has six non-at- I look forward to continuing to work this bill does not adequately address tainment areas for air quality, and 70 with my colleagues on this issue as the problems of donor States like my percent of the State in the reformu- this bill moves forward. It takes too State of California. lated gasoline program because our air long to build a highway in the United California currently has a 90.5 per- is so dirty. States. cent rate of return. In other words, for I do want to mention an area where I every dollar California sends to Wash- In addition, according to a study by 1 the American Lung Association in 2004, think we have made good progress. ington, it gets back only 90 ⁄2 cents for This is with the section 4(f) provisions maintenance and improvement of our nine of the twenty smoggiest cities in of the bill. Last Congress, I proposed an highways. the United States are located in my amendment on this after working with Transportation is the backbone of home State, California. a bipartisan and diverse group to de- California’s economy. Our seaports California needs the CMAQ funds to velop a compromise such as the Na- handle about half of all cargo that pay for highway enhancements to ease tional Trust for Historic Preservation, comes into the United States, and the the flow of traffic and reduce the the American Association of State State is also home to two of the na- amount of time trucks and cars are Highway and Transportation Officials. tion’s busiest ports—Los Angeles/Long idling and spewing pollution into the I am pleased these provisions are in- Beach and Oakland. air. cluded in this bill as the process has Three-quarters of all goods shipped California also relies heavily on pub- caused more delay in my State than from California’s ports are now trans- lic transportation, and the bill needs to any other planning or environmental ported by truck along California’s adequately fund mass transit pro- review requirement. This is a require- roads. grams. ment of Federal law in terms of where We need our roads to be equipped to California has some of the largest re- you can put a highway, in terms of handle the flow of these goods and the gional transportation systems in the areas that involve historical places or truck traffic that comes with it. country including Bay Area Rapid parks and so forth. As a result of that, Regrettably, these roads are in des- Transit—BART, CalTrain—the rail it has slowed down our ability to move perate need of repair. More than 70 per- service between San Francisco and San forward with highway construction. cent of California’s major local and Jose, and Metrolink—Southern Califor- As I mentioned, the 4(f) reforms are a State road miles are rated in poor or nia’s regional transit system. true compromise—not far enough for mediocre condition-compared with a These programs help reduce the num- some and perhaps too far for others. I national average of 28 percent—and 38 ber of cars on the road, which in turn, have numerous examples of this cum- percent of the State’s overpasses and reduces air pollution, and decreases the bersome process. I will not go into bridges are structurally deficient or amount of time my constituents have them tonight. functionally obsolete. to spend commuting every day. I urge my colleagues who have con- As a result, California’s 21 million Californians are facing a serious di- cerns with these provisions to contact motorists pay an average of $555 each, lemma. Without adequate Federal me so I can discuss the problem and or a total of $12 billion, in extra vehicle highway dollars, local communities how we reach a balanced solution. operating costs annually. These costs will not be able to eliminate bottle- I urge my colleagues to support the include wasted fuel, pothole damage, necks on highways and make necessary bill and the cloture motion filed on it. and shortened vehicle lifespan. air quality improvements. As a result,

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.110 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4859 they will remain out of conformity JOHN BOLTON done pro bono work for the U.N. in Af- with Federal air quality regulations, Mr. SESSIONS. Mr. President, there rica, giving of his time for free to help and will lose even more Federal high- have been a lot of complaints lately those in need. way dollars. This is a never-ending over John Bolton, the President’s He also worked closely and effec- cycle and has failed to make any nominee to be United States Ambas- tively with the U.N. when he served as strides in helping reduce our air pollu- sador to the United Nations. Assistant Secretary of State in the tion. Mr. Bolton is an excellent choice for State Department for International Or- That is why I support toll roads as an this position, as both his experience ganizations, from 1989 to 1992. option to provide the needed revenue to and leadership qualities prove. He grad- He has been instrumental in gal- make improvements to our roads. I am uated from Yale Law School, joined a vanizing U.N. agencies such as the pleased that the Senate bill includes a prestigious firm, one of the country’s IAEA, the International Atomic En- toll road pilot program and hope that great law firms, Covington & Burling. ergy Agency, to take concrete steps to the program is flexible enough to allow He worked there until 1981. He began actually make the world safer from the State to use the tolls to meet its his career in public service at the U.S. weapons of mass destruction—not just goods movement infrastructure needs. Agency for International Development, to talk about it, but to do something I would also ask the Environment first as general counsel, then as assist- about it. Isn’t that effective multilat- and Public Works Committee to con- ant administrator for program and pol- eral leadership? I certainly think so. sider an amendment that would allow icy coordination. This was good train- He was the driving force in the U.N. tolling revenue in extreme non-attaining for him for his potential future role Security Council Resolution 1540 to get ment areas to be used to mitigate air with the U.N. countries to take meaningful steps to quality impacts that are imposed upon From 1985 to 1989, he was an assistant stop the spread of dangerous weapons. those communities by heavy duty attorney general in the U.S. Depart- He has clearly been instrumental in trucks moving goods from California’s ment of Justice. I got to know him at both diplomacy and multilateralism ports to areas throughout the country. that time because I was a U.S. attor- and has proven to be an advocate of a I am also pleased that the bill will ney in Alabama when he served in the United Nations that fulfills its poten- allow hybrid vehicles access to high oc- Department of Justice in the pres- tial, its calling, to make the world cupancy vehicle—HOV—lanes. Without tigious office of legal counsel. From safer, and to help people throughout this authorization, California and 1989 to 1993, he was again involved in the world develop to their fullest. other States, such as Arizona, Virginia, He will not, however, be an enabler of Colorado, and Georgia will lose their international organizational issues when he served as Assistant Secretary a dysfunctional U.N. John Bolton has Federal highway dollars by imple- supported reform within the U.N. to menting their own State laws to allow of State for international organizational affairs. Mr. Bolton was con- help make it a better organization. hybrids to access these lanes. This reform effort should not be mis- This provision would increase traffic firmed by the Senate for both of those positions. construed as opposition to the U.N. mobility and also serves as an impor- but, rather, as constructive and effec- tant incentive to get more hybrids on From 1993 to 1999, he was again in private practice, as a partner with the tive criticism. When parents discipline the road, an innovative solution to re- their children, it is not because they duce our dependence on oil. law firm of Lerner, Reed, Bolton, and don’t support them or believe in them. I would like to thank the Commerce McManus. In 2001, he became Under In fact, it is exactly the opposite. Good Committee for including language in Secretary of State for Arms Control the bill that would require the Depart- and International Security. I believe he parents set guidelines and high stand- ment of Transportation to conduct a was confirmed once again in that posi- ards for their children to guide them in study of predatory towing practices. tion by the Senate. life and to make them more respon- Tow truck companies act without any This was excellent experience for sible adults. If you love your children, local, State or Federal regulation. him. He dealt with issues relating to you want them to reach their highest While most are good actors, there are a world security. Some say Mr. Bolton and best potential. That is exactly few that have taken advantage of the does not believe in the United Nations, what John Bolton has done with the lack of regulation to prey on con- multilateralism, and diplomacy. That U.N. sumers. This has become a huge prob- statement is false. He has not come out against the U.N. lem throughout California, and in The President of the United States He has not vehemently opposed the other areas including Virginia and Ari- recently stated in a television inter- U.N., as some of my colleagues would zona. This study will determine the im- view that he asked Bolton if he sup- have you believe. He has worked within pact of predatory towing practices and ported the U.N. before he, the Presi- the system to advocate reform in an ef- propose potential remedies to dealing dent, agreed to nominate him. Mr. fort to better the organization, to en- with them. Bolton answered that he did. Despite sure that U.N. programs achieve their While I have concerns about the fair- what others have been alleging, the intended purpose. ness of the funding formulas, I also re- facts show—and Mr. Bolton has proven Under Bolton’s leadership at the alize that without a transportation time and again—that he believes in the United Nations, when he served as As- bill, California’s communities will lack U.N. That is why he has been such an sistant Secretary of State in the ad- the money they need to plan major ineffective advocate for honest diplo- ministration of the elder George Bush, frastructure projects. As a result, I macy and an effective U.N. the U.N. General Assembly repealed, by plan to support this bill and hope that For example, he was a pioneer in a vote of 111 to 25, a resolution that de- the conferees will keep in mind the helping to construct the G–8 global scribed Zionism as a form of racism. needs of the donor States such as Cali- partnership to help keep secure dan- Resolution 3379 originally passed in fornia. gerous technologies and materials, and 1975—72 votes for, 35 against—decreeing Mr. HARKIN. Mr. President, I would to help stop the spread of dangerous that Zionism was a form of racism. like the RECORD to indicate that yes- weapons throughout the world. This Sixty-seven percent of the nations at terday I was necessarily absent for the global initiative will provide $20 billion that time voted for it. It was widely vote on the Talent amendment to the through 2012 to achieve these goals of recognized as a sad day for the U.N. Highway bill, but had I been present I making the world a safer place, by Secretary of State Condoleezza Rice would have voted in favor of the working with other nations. described Bolton as the ‘‘principal ar- amendment. Mr. Bolton was the President’s point chitect’’ of the 1991 reversal of that res- The PRESIDING OFFICER. The Sen- man in designing the Proliferation Se- olution. Bolton recently referred to ator from Alabama. curity Initiative, the PSI. Over 60 na- resolution 3379 as ‘‘the greatest stain Mr. SESSIONS. Mr. President, I ask tions are now working together, co- on the U.N.’s reputation’’ and called its unanimous consent to proceed in morn- ordinated by John Bolton, to share in- reversal ‘‘one highlight of my profes- ing business. telligence, and are taking action to sional career.’’ The PRESIDING OFFICER. Without stop the transfer of dangerous weapons Thomas M. Boyd, a fine former offi- objection, it is so ordered. throughout the world. He has even cial in the Department of Justice who

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.038 S10PT1 S4860 CONGRESSIONAL RECORD — SENATE May 10, 2005 was Mr. Bolton’s deputy when he was The investigators believed the so- She was absolutely right, and the Assistant Attorney General in the U.S. called independent inquiry committee, same holds true in this case. If our am- Department of Justice, described the which was appointed by Secretary Gen- bassador is going to represent the situation this way in a recent editorial eral Kofi Annan in April of 2004, played world’s great superpower in the United in the Boston Globe: down findings critical of Mr. Annan Nations, an organization, unfortu- Starting in the summer of 1991 and con- when it released an interim report in nately, that has been riddled with cor- tinuing well into the early fall, Bolton ar- late March relating to his son. This ruption and strong opposition by cer- rived at his office early each morning and scandal has only gotten more com- tain members to the values we hold began calling ambassadors around the world, plicated this week as it now seems that as well as here in Washington, one by one, dear, he must have a touch of iron each time using his keen mind and reputa- one of the investigators has turned about him, and he does. tion for bluntness to their full effect. Citing over potentially incriminating evi- Say what you will about John from memory Senator Moynihan’s November dence against Kofi Annan to a House Bolton, weakness is not one of his 10, 1975, contention that ‘‘the United States congressional committee. weaknesses. declares that it does not acknowledge, and This scandal has been described by I ask unanimous consent that the will not abide by, it will never acquiesce in some as the greatest scandal in the his- letter from Lady Thatcher be printed this infamous act,’’ Bolton refused to accept tory of the world. Scandals such as in the RECORD. their excuses and their schedule conflicts these undermine the United Nations. and called repeatedly until he talked on mul- There being no objection, the mate- tiple occasions to virtually every ambas- They distract it from its intended pur- rial was ordered to be printed in the sador whose country would be called upon to pose of promoting international peace RECORD, as follows: and security. These scandals and mis- cast a vote. In time, his perseverance began MAY 4, 2005. to winnow down the naysayers. management waste money that could Hon. JOHN R. BOLTON, As a direct result of this effort, the be used for peacekeeping, medical care, Undersecretary of State for Arms Control and hate-ridden resolution was overwhelm- economic development, and education International Security. ingly repealed on December 16, 1991. in poor countries around the world. DEAR JOHN: I am writing this letter in Let me point out an important aspect This money might help prevent hos- order to let you know how strongly I support of this story. As Mr. Boyd noted, many tilities, famine, and revolutions that your nomination as U.S. ambassador to the in the State Department told him he disrupt these areas of the globe. United Nations. On the basis of our years of friendship, I know from experience the great should not pursue the repeal, that it We need a U.S. ambassador to the U.N. who has both diplomacy and te- qualities you will bring to that demanding could not be done, and that it wasn’t post. worth the effort. But because John nacity as leadership qualities. Mr. To combine, as you do, clarity of thought, Bolton is a man of integrity, convic- Bolton has both of these qualities. courtesy of expression and an unshakable tion, courage, and determination, he One of my esteemed colleagues has commitment to justice is rare in any walk of didn’t see it that way. He didn’t follow alleged that Mr. Bolton blocked cer- life. But it is particularly so in international the advice of the professional bureau- tain information from going to Sec- affairs. A capacity for straight talking rath- crats and the State Department offi- retary Powell and Secretary Rice. er than peddling half-truths is a strength cials who said it could not be done. In- There is no basis for this claim. Rich- and not a disadvantage in diplomacy. Par- stead, he worked tirelessly to do some- ard Boucher, the spokesman for the ticularly in the case of a great power like State Department, has expressly re- America, it is essential that people know thing that some people thought could where you stand and assume that you mean not be done. He did the right thing, and futed the allegation, calling it ‘‘silly’’ what you say. With you at the UN, they will he should be saluted for that. There is, and stating that ‘‘nothing of that type do both. Those same qualities are also re- indeed, a strength of character that is occurred.’’ quired for any serious reform of the United to be noted here. Another colleague said Mr. Bolton Nations itself, without which cooperation be- A terrible wrong had been righted tried to skew weapons of mass destruc- tween nations to defend and extend liberty with this repeal, and Mr. Bolton had tion intelligence on Iraq, Syria, and will be far more difficult. not only shown his skill in diplomacy, Cuba. Again, false. I cannot imagine anyone better fitted to but his determination to do what is In every instance, whether talking undertake these tasks than you. right. Isn’t that what good diplomacy about Iraq’s weapons of mass destruc- All good wishes, is? It is not just seeing if you can get tion program, Cuba’s biological weap- Yours ever, MARGARET. along and agree with everybody’s ideas, ons, or Syria’s weapons program, Mr. but holding forth good ideals, good val- Bolton’s speeches were cleared by the Mr. SESSIONS. Mr. President, this ues, fighting for them, and actually U.S. intelligence community; that is, letter of April 5, 2005, is signed by 13 gi- winning people over to vote for the he submitted his comments to the in- ants of American diplomacy, including right thing. That is what good diplo- telligence community for them to re- five Secretaries of State and two Sec- macy is, what leadership is—not blind- view to make sure nothing he said was retaries of Defense in support of John ly going along with people’s ideas incorrect. They cleared those speeches. Bolton. I ask unanimous consent that whether they are correct or not. He is There is no evidence whatsoever that this letter be printed in the RECORD. a good man, a courageous man, who Mr. Bolton skewed anything. The allo- There being no objection, the mate- will make a tremendous ambassador to cations are false. rial was ordered to be printed in the the U.N. On the contrary, there are scores of RECORD, as follows: John Bolton realizes the benefits pos- highly credible individuals who testify Washington, DC, April 5, 2005. sible to the world through an effective to his honesty and excellent candidacy Senator RICHARD G. LUGAR, U.N., and for that reason he has worked for the position. For instance, I have a Chairman, Committee on Foreign Relations, hard to make sure it stays a credible letter from former Prime Minister U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: We write to urge that organization. You cannot blame him Margaret Thatcher to John Bolton ex- for being concerned about the United the Senate act expeditiously to confirm John pressing her strong support for Mr. Bolton as our ambassador to the United Na- Nations. I certainly am. With the nu- Bolton. It is fitting that she should tions. This is a moment when unprecedented merous allegations of corruption at the support John Bolton, particularly in turbulence at the United Nations is creating U.N., we need a frank and aggressive light of the comments that he is too momentum for much needed reform. It is a ambassador leading the American ef- tough, too outspoken, too frank, too moment when we must have an ambassador forts there. blunt. Those same criticisms were in place whose knowledge, experience, dedi- Last month, the Washington Times made about Lady Thatcher in 1975, cation and drive will be vital to protecting reported that two senior investigators the American interest in an effective, for- earning her the nickname the Iron ward-looking United Nations. with the U.N. committee probing cor- Lady. She embraced that nickname, fa- ruption in the Oil for Food Program In his position as Undersecretary of State, mously asserting: John Bolton has taken the lead in strength- have resigned in protest. These inves- If you lead a country like Britain, a strong ening international community approaches tigators believe the report that cleared country, a country which has taken a lead in to the daunting problem of the proliferation Kofi Annan of meddling in the $64 bil- world affairs in good times and in bad, a of nuclear and other weapons of mass de- lion operation was too soft on the Sec- country that is always reliable, then you struction (WMD). As a result of his hard retary General. have to have a touch of iron about you. work, intellectual as well as operational, the

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.115 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4861 G–8 has supported U.S. proposals to strength- mention our colleagues who answered but I feel to all Americans. In a time en safeguards and verification at the Inter- the call of duty then. when men made the extraordinary national Atomic Energy Agency and the Pro- When I first came to the Senate, I seem ordinary, DAN INOUYE stood out liferation Security Initiative was launched think more than half of the Senate had as a hero among men. and established within three months—a world speed record in these complex, multi- served in World War II. There are few I would like to read part of the cita- lateral matters. Moreover, Secretary Bolton of us left who served during that war, tion for action that resulted in Senator led the successful effort to complete the ne- and in the Senate only five: Senator INOUYE’s Congressional Medal of Honor. gotiation of UN Security Council Resolution AKAKA, Senator INOUYE, Senator LAU- Senator INOUYE was recognized for 1540, adopted unanimously in April, 2004. UN TENBERG, Senator WARNER, and myself. valor in combat in the Italian cam- 1540 called on member states to criminalize That war was an enormous effort paign in a battle just 17 days before V– the proliferation of WMD—which it declared that involved our Nation’s total man- E Day. The citation says: to be a threat to international peace and se- power. Sixteen million Americans an- With complete disregard for his personal curity—and to enact strict export controls. swered the call to serve, and more than safety, Second Lieutenant Inouye crawled up Secretary Bolton, like the Administration, the treacherous slope to within five yards of has his critics, of course. Anyone as ener- 400,000 of them gave what Lincoln once the nearest machine gun and hurled two gre- getic and effective as John is bound to en- called ‘‘the last full measure of devo- nades, destroying the emplacement. Before counter those who disagree with some or tion.’’ the enemy could retaliate, he stood up and even all of the Administration’s policies. But Here at home, Americans of all walks neutralized a second machine gun nest. Al- the policies for which he is sometimes criti- of life supported the war effort. Chil- though wounded by a sniper’s bullet, he con- cized are those of the President and the De- dren collected rubber, tin, and steel. tinued to engage other hostile positions at partment of State which he has served with Families rationed food and gasoline. close range until an exploding grenade shat- loyalty, honor and distinction. And women, in unprecedented num- Strong supporters of the United Nations tered his right arm. understand the challenges it now faces. With bers, took their place in industry and Despite the intense pain, he refused his service as assistant secretary of state for produced the tools that enabled us to evacuation and continued to direct his international organizations, where he was win the war. They joined fields which platoon until enemy resistance was instrumental in securing the repeal of the re- had once been closed to them, and they broken and his men were again de- pugnant resolution equating Zionism with never looked back. ployed in defensive positions. In the at- racism, and as undersecretary for arms con- When I went into the service, as most tack, 25 enemy soldiers were killed and trol and international security, we believe of my generation did, I was fortunate eight others captured. By his gallant, John Bolton will bring great skill and energy to do what I wanted to do, which was to meeting those challenges. aggressive tactics and by his indomi- Sincerely yours, to fly. Sixty years ago, for those of us table leadership, Second Lieutenant Hon. David Abshire, former Assistant who served, every day was a milestone. INOUYE enabled his platoon to advance Secretary of State, Hon. Kenneth Every day marked another step toward through formidable resistance, and was Adelman, former Director, Arms Con- victory. instrumental in the capture of the trol Disarmament Agency, Hon. Rich- Today, we only recognize a handful of ridge. Second Lieutenant INOUYE’s ex- ard Allen, former Assistant to the those days: Pearl Harbor Day, D-day, traordinary heroism and devotion to President for National Security, Hon. V–J Day, and V–E Day—which is what duty are in keeping with the highest James Baker, former Secretary of I speak of today. traditions of military service and re- State, Hon. Frank Carlucci, former There were so many who stepped for- Secretary of Defense, Hon. Lawrence flect great credit on him, his unit, and Eagleburger, former Secretary of ward when our country needed us, who the United States Army. State, Hon. Al Haig, former Secretary sacrificed on the battlefield and here at On the battlefield and in Congress, of State, Ambassador Max Kampelman, home so we could win that war. It was DAN INOUYE has faithfully served our former Ambassador and Head of the a time defined by heroism, and it is country, his state of Hawaii, and the U.S. Delegation to the Negotiations hard to single out any one person who men and women of the military. with the Soviet Union on Nuclear and did heroic things. But I am here to re- It is men such as DAN INOUYE who in- Space Arms, Ambassador Jeane Kirk- mind the Senate that my friend, Sen- spired the phrase the ‘‘Greatest Gen- patrick, former Ambassador to the ator INOUYE, was a hero. eration.’’ I hope we remember all of United Nations, Hon. Henry Kissinger, In military history there is a select former Secretary of State, Hon. James them today. Schlesinger, former Secretary of De- group of men who have suffered grave I thank the Chair. fense, Hon. George Shultz, former Sec- injuries on the battlefield, continued Mr. BURNS. Mr. President, yesterday retary of State, Hon. Helmut their military careers, and gone on to we introduced a bill that would bring Sonnenfeldt, former Counselor, Depart- further greatness. Horatio Nelson, relief to some of the folks in my State ment of State. Joshua Chamberlain, and John Bell of Montana. As you know, in the 1950s, Mr. SESSIONS. Mr. President, for Hood are all men who were tested on nuclear testing was held in Nevada. Of over three decades, John Bolton has and off the battlefield, and their leg- course, from this testing, there was had an effective working relationship acies endure. some radiation drift. The major source with foreign governments, inter- Among these men, Senator DAN of this radiation comes from nuclear national institutions, nongovern- INOUYE stands out because he overcame explosions from a Nevada test site, mental organizations, and the private so much more just to become a soldier which is located about 65 miles north sector. He is a man who gets results. As and waited so long to have his heroism of Las Vegas. Secretary Rice said: officially recognized with the Congres- In studies by the National Cancer In- The President has nominated John Bolton sional Medal of Honor. stitute, and a report that was recently because he gets things done. It is hard to sum up my respect and released by the National Academy of That is exactly what we need for the admiration for my great colleague and Sciences, we find that the State of U.N. ambassador. John Bolton is the friend from Hawaii. Our friendship has Montana was left out of any compensa- man for the job. spanned many decades now, and we call tion that was given to victims of down- Mr. President, I am proud to support each other truly brothers. We are wind exposure to radiation. In fact, ac- him, and I do believe his nomination brothers. I can think of no man I re- cording to the National Cancer Insti- will be moving forward this week. I spect more. tute, certain areas of Montana have think this Senate should promptly Last month, Senator REID came to been exposed to the highest dose, rang- move to confirm him in this important the floor to honor Senator INOUYE’s ing from 12 rads to 16 rads. The Na- position. service during World War II, also. Sen- tional Cancer Institute’s charts give 60TH ANNIVERSARY OF V–E DAY ator REID said: you some idea of the effects of the nu- Mr. STEVENS. Mr. President, this Dan Inouye is a step above all of us. clear test site in Nevada. Of course, up past Sunday, the 8th of May, marked I agree with Senator REID. As a in our part of the country, we fall vic- the 60th anniversary of the Allied vic- World War II veteran, I am here to sa- tim to southwesterly winds. If you no- tory in Europe during World War II. I lute DAN INOUYE. His courage and brav- tice, my State of Montana shows up have come to the floor today to honor ery and sense of duty are an inspira- with more darker red areas on the those who served in that war and to tion to not only his Senate colleagues, chart than any other region of the

VerDate Aug 04 2004 04:26 May 11, 2005 Jkt 039060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.045 S10PT1 S4862 CONGRESSIONAL RECORD — SENATE May 10, 2005 United States, which means that we re- The fact is, Montanans were involun- Earlier this year, the Adler Plane- ceived some of the highest doses of ra- tarily subjected to increased risk of in- tarium was selected by NASA as the diation. jury and disease in order to serve the education partner for the Interstellar Montana is home to 15 of the 25 coun- national security interests of the Boundary Explorer mission to be ties with the highest radiation dosage United States, and they deserve our launched in 2008. This mission will ex- nationwide and the county receiving compassion and our support. amine the characteristics of the region the highest dose in the country is I strongly encourage my colleagues of space between the solar system and Meagher County, MT. to support S. 977, to expand RECA to deep space where the solar wind pro- Individuals who were affected from victims in the State of Montana. tects Earth and the rest of the solar this nuclear testing are often called I yield the floor. system from cosmic radiation. downwinders—because the wind carried The PRESIDING OFFICER. The Sen- I know that my colleagues join me in the poisonous Iodine-131 north, when ator from Montana. congratulating the Adler Planetarium the gravity finally kicked in and it set- Mr. BAUCUS. Mr. President, I thank on this important day. I hope all who tled to the ground. People can be ex- my colleague from Montana for doing are involved with the Planetarium will posed to radiation from nuclear testing something about this problem. It is a take pride in their important work as fallout through external radiation like huge problem. He has identified it. He they celebrate this anniversary, and I a plume or a cloud passing over a re- has some solutions, he has some ideas, wish them continued success in the gion. They can also be exposed by ra- and we will work with him, as I am years to come. dioactivity deposited on the ground sure other Senators will in States also f and remaining there for long periods of affected by this problem. I compliment time, or by the internal exposure to ra- him for raising the issue and finding a HONORING OUR ARMED FORCES dioactivity that accumulates in the solution. PRIVATE FIRST CLASS ROBERT W. MURRAY JR. body from inhalation or ingestion of f Mr. BAYH. Mr. President, I rise plants, meat or milk. Milk is the pri- today with a heavy heart and deep ADLER PLANETARIUM’S 75TH mary source of Iodine-131 and dis- sense of gratitude to honor the life of a ANNIVERSARY proportionately affects milk drinkers. brave young man from Westfield. Rob- Who drinks milk? Children and babies Mr. DURBIN. Mr. President, on ert Murray, 21 years old, died on April who are the most vulnerable of our so- Thursday, May 12, 2005, the Adler Plan- 29 when a bomb exploded beside his ve- ciety. etarium, the first planetarium in hicle during a reconnaissance mission This discussion leads us to the topic America and in the Western Hemi- in Tal Afar. With his entire life before of thyroid cancer. The thyroid gland sphere, will mark its 75th anniversary. him, Robert risked everything to fight will absorb about 30 percent of radio- Max Adler recognized a need to ex- for the values Americans hold close to active Iodine-131 in the human body. hibit artifacts from the history of as- our hearts, in a land halfway around Thyroid cancer is slow in development tronomy to the public, and so he found- the world. as it takes 10 to 40 years to manifest ed the Adler Planetarium and Astron- After graduating from Westfield High itself. This means that radiation expo- omy Museum in 1930. Originally, it School in 2002, Robert attended Indiana sure in the late 1950s might not mani- housed a collection of about 500 astro- State University where he studied fest as cancer until the 1990s. nomical, navigational, and mathe- aviation management. He was a li- This chart compares the rates of thy- matical instruments that would be- censed pilot and a musician who de- roid cancer nationwide and in my state come the foundation for Alder’s His- cided to join the Army because of fam- of Montana. Between years 1989 and tory of Astronomy Collection. Today, ily history and a sense of patriotism 2003, the rate of thyroid cancer diag- this collection has grown to almost and duty after the tragic events of 9/11. nosis nationwide increased by 38 per- 2000 astronomical artifacts dating from Friends and colleagues remember him cent. At the same time, the thyroid the 12th to the 20th centuries. Included as a determined and well-liked indi- cancer rate in my State of Montana in- in this collection is the world’s oldest vidual with a good sense of humor. His creased by a whopping 127 percent. known window sundial from 1529; a tel- mother Katrina Murray released a The 1990 Radiation Exposure Com- escope made by William Herschel, the statement praising her son’s heroism, pensation Act and RECA Amendments astronomer who discovered Uranus; saying, ‘‘From an early age, Robert of 2000 offer lump-sum payments of and a collection of rare books com- wanted to enter the military. This was $50,000 to civilians who were living in prising more than 2000 volumes, some the path he chose, and I want to honor States deemed as downwind from the of which were printed before the 1500s. his choice by remembering him as a nuclear testing in Nevada and who con- Over the past 75 years, the Adler’s hero who served his country proudly tracted a specific type of cancer. history has been marked by several and made the ultimate sacrifice. He States where downwinders can cur- milestones. In 1933, light from the star will be missed by our entire family and rently receive compensation include Arcturus was successfully converted his many friends. He brought so much Nevada, Utah, and Arizona. It is impor- into electrical signals that turned on joy and laughter.’’ I stand here today tant to note that Montana was not in- the lights for the opening ceremonies to express the same sentiments of pride cluded under this law. Yet a report just of the 1933 Century of Progress Expo- in this young Hoosier and gratitude for released by the National Academy of sition. In 1964, the Adler Planetarium his sacrifices and for those made by the Sciences shows that Montana received partnered with the National Science Murray family on behalf of our coun- the highest radiation dosage. Foundation and began offering the try. Accordingly, a most recent study on Astro-Science Workshop, a program de- Robert was killed while serving his this issue shows the absorbed radiation signed to challenge Chicago area high country in Operation Iraqi Freedom. dose to the thyroid of a person born in school students who demonstrate an He was assigned to the 2nd Squadron, 1948 who resided for the entire period in exceptional aptitude for science. 3rd Armored Cavalry Regiment, based Montana is 250 milligrays. This dosage In 1999, the Adler Planetarium under- in Fort Carson, CO. This brave young is higher than most, if not all, regions went renovations that produced the soldier leaves behind his father Robert presently eligible for compensation Sky Pavilion, a 60,000 square-foot W. Murray Sr. his mother Katrina and under RECA. glass-enclosed addition that includes his two sisters. My bill, S. 977, would allow Mon- five new exhibit galleries and a cafe´ Today, I join Robert’s family and tanans who were adversely affected by overlooking the lakefront and the Chi- friends in mourning his death. While this nuclear testing to be counted cago skyline. The highlight of this ren- we struggle to bear our sorrow over among those folks currently eligible to ovation is the StarRider Theater, this loss, we can also take pride in the receive $50,000 in compensation. Those which, through the use of state-of-the- example he set, bravely fighting to eligible for $50,000 would also receive art computer projection technologies make the world a safer place. It is his compensation in the form of free med- and a sophisticated audience participa- courage and strength of character that ical treatments for the diseases they tion system, creates a 3–D virtual re- people will remember when they think have contracted from the exposure. ality experience for all those who visit. of Robert, a memory that will burn

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.114 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4863 brightly during these continuing days is looking down on us, he is very proud Historically, women’s health care of conflict and grief. with the way his life ended because if needs have been poorly understood. Robert was known for his dedication he was to go, this was the way, trying While the obvious differences between to his family and his love of country. to help other people.’’ I stand here the sexes are indisputable, it was as- Today and always, Robert will be re- today to express Indiana’s gratitude for sumed that those differences had lim- membered by family members, friends, Darren’s sacrifices and for those made ited implications, resulting in women and fellow Hoosiers as a true American by his family on behalf of our country. being systematically excluded from hero and we honor the sacrifice he Darren was killed while serving his health research studies. Too often, made while dutifully serving his coun- country in Operation Iraqi Freedom. only men were studied and considered try. He was assigned to the 10th Mountain the health care ‘‘norm’’ for both gen- As I search for words to do justice in Division, based out of Fort Drum, New ders. honoring Robert’s sacrifice, I am re- York. This brave young soldier leaves Of course, for a few diseases such as minded of President Lincoln’s remarks behind his father Michael DeBlanc, Sr., ovarian or breast cancer, the study of as he addressed the families of the fall- his mother Judy Woolard, and his older women was an absolute requirement. en soldiers in Gettysburg: ‘‘We cannot brother Michael DeBlanc, Jr. However, for so many others, women dedicate, we cannot consecrate, we Today, I join Darren’s family and were excluded. Sometimes we heard cannot hallow this ground. The brave friends in mourning his death. While that it would cost more to include men, living and dead, who struggled we struggle to bear our sorrow over women in trials because more partici- here, have consecrated it, far above our this loss, we can also take pride in the pants would need to be enrolled—since poor power to add or detract. The example he set, bravely fighting to research results would need to be ana- world will little note nor long remem- make the world a safer place. It is his lyzed separately for both men and ber what we say here, but it can never courage and strength of character that women. That certainly sounds like a recognition that men and women can forget what they did here.’’ This state- people will remember when they think differ quite substantially. ment is just as true today as it was of Darren, a memory that will burn As researchers have looked, they nearly 150 years ago, as I am certain brightly during these continuing days have found so many times where a sin- that the impact of Robert’s actions of conflict and grief. gle difference between the sexes has so will live on far longer than any record Darren was known for his dedication many other ramifications for health of these words. to his family and his love of country. and disease. For example, because It is my sad duty to enter the name Today and always, Darren will be re- every child is genetically unique and of Robert W. Murray, Jr. in the official membered by family members, friends different from both parents, child- record of the Senate for his service to and fellow Hoosiers as a true American bearing requires the ability of a woman this country and for his profound com- hero and we honor the sacrifice he to have periods of lowered immunity in mitment to freedom, democracy, and made while dutifully serving his coun- her reproductive tract. This is also a peace. When I think about this just try. major contributor to her susceptibility cause in which we are engaged, and the As I search for words to do justice in to gynecologic infections, and it helps unfortunate pain that comes with the honoring Darren’s sacrifice, I am re- explain why women are much more loss of our heroes, I hope that families minded of President Lincoln’s remarks susceptible to sexually transmitted like Robert’s can find comfort in the as he addressed the families of the fall- diseases. This is critical knowledge words of the prophet Isaiah, who said, en soldiers in Gettysburg: ‘‘We cannot when one is trying to protect women ‘‘He will swallow up death in victory; dedicate, we cannot consecrate, we from HIV and that knowledge simply and the Lord God will wipe away tears cannot hallow this ground. The brave must be reflected in strategies for pro- from off all faces.’’ men, living and dead, who struggled tecting women. May God grant strength and peace to here, have consecrated it, far above our Remember that men and women dif- those who mourn, and may God be with poor power to add or detract. The fer genetically—that was obvious from all of you, as I know He is with Robert. world will little note nor long remem- our earliest study of genetics . . . an f ber what we say here, but it can never entire chromosome is different. As we forget what they did here.’’ This state- PRIVATE FIRST CLASS DARREN learn more about the human genome, ment is just as true today as it was DEBLANC and how genes interact, we doubtless nearly 150 years ago, as I am certain will discover more differences which Mr. BAYH. Mr. President, I also rise that the impact of Darren’s actions must be reflected in health decisions. today with a heavy heart and deep will live on far longer than any record There can be no doubt that whenever sense of gratitude to honor the life of a of these words. we fail to see women properly rep- brave young man from Evansville. It is my sad duty to enter the name resented in health research, we risk Darren DeBlanc, 20 years old, died on of Darren DeBlanc in the official causing major harm. One recent exam- April 29 when a roadside bomb exploded record of the Senate for his service to ple is so notable. during his patrol in Baghdad. With his this country and for his profound com- When one federally funded study ex- entire life before him, Darren risked mitment to freedom, democracy and amined the ability of aspirin to prevent everything to fight for the values peace. When I think about this just heart attacks in 20,000 medical doctors, Americans hold close to our hearts, in cause in which we are engaged, and the all of whom were men, physicians were a land halfway around the world. unfortunate pain that comes with the left to assume that the protective ef- A 2003 graduate of Reitz High School, loss of our heroes, I hope that families fect may apply to women as well. So Darren was only 2 weeks away from re- like Darren’s can find comfort in the for years physicians have been left to turning home to Evansville when this words of the prophet Isaiah, who said, assume that aspirin had the same ef- tragedy occurred. In March, he had ‘‘He will swallow up death in victory; fect in women but we simply didn’t been decorated for his bravery in Iraq and the Lord God will wipe away tears know. Yet we do know that the pattern with a Purple Heart, after surviving an from off all faces.’’ of heart disease in women is different earlier bomb attack. Darren had a May God grant strength and peace to than in men. Heart disease develops a carefully laid plan for his life: he in- those who mourn, and may God be with bit later about 10 years later. Despite tended to finish his 3-year commitment all of you, as I know He is with Darren. this, heart disease kills more women to the Army, then take classes in law f than men, more than either breast or enforcement in the hopes of boosting ovarian cancer! So in March of this his application to join the Evansville WOMEN’S HEALTH OFFICE ACT year when we finally learned that aspi- police force with his brother. Friends Ms. SNOWE. Mr. President, this is rin does not have the same effect in and family recount that he was an out- National Women’s Health Week, and it women as in men, we saw more evi- going, driven, and personable young is certainly fitting to take stock of dence that assuming there is no dif- man with a promising future ahead of both our successes in promoting wom- ference between men and women is no him. His mother Judy Woolard told a en’s health while looking at the chal- substitute for conducting proper re- local television station, ‘‘I know if he lenges ahead. search.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.096 S10PT1 S4864 CONGRESSIONAL RECORD — SENATE May 10, 2005 Sex differences in health are so nu- NATIONAL HEPATITIS B various other sites around the country merous. Osteoporosis is far more com- AWARENESS WEEK to raise awareness and open the dia- mon in women—as is depression. While Mrs. FEINSTEIN. Mr. President, I logue about chronic hepatitis B, pre- women have the ability to modulate rise today to recognize the week of vention, disease management, and fu- our immunity to bear a child, it is May 9, 2005 as National Hepatitis B ture advances. ironic that we suffer far more auto- Awareness Week. It is my hope that National Hepatitis immune disease than men. For exam- I thank Senator SANTORUM, who in- B Awareness Week will raise the profile ple, 9 of 10 lupus sufferers are women! troduced this resolution with me, as of hepatitis B, facilitate open dialogue Drugs and alcohol affect us differently well as Senators SPECTER, STABENOW, about what we can do in our families from men as well even a woman’s re- INOUYE, and DURBIN who cosponsored and communities to stop the trans- sponse to anesthesia is different than a it. mission of this disease and arm our- man’s. So one can see it is a critical In the United States today, more selves with the knowledge to fight problem when we fail to discover such than 1.25 million Americans are in- back against hepatitis B. differences. It compromises the quality fected with hepatitis B. Chronic hepa- We possess the weapons to combat of health care for more than half of all titis B is often called a ‘‘silent disease’’ hepatitis B, including vaccination and Americans! because more than two-thirds of pa- treatment. For those infected, treat- Many of us have worked for years to tients infected with the disease have no ment options exist that are designed to achieve equal representation of women symptoms or their symptoms go unrec- stop the progression of liver disease in health research. Since 1990 when the ognized. and reduce liver damage. As we recog- Society for Women’s Health Research Chronic hepatitis B infection is a po- nize National Hepatitis B Awareness was founded, we have had a voice to tentially life threatening disease that Week, I encourage Americans who may help us in our effort to promote the in- may lead to cirrhosis of the liver, liver be at risk for chronic hepatitis B to get clusion of women in health care re- failure and liver cancer. More than half tested for the disease, and physicians search, and to educate all of us about a million people worldwide die each and patients to understand there is a sex differences in health and disease. year from primary liver cancer, and up large group of patients who do need The Society is to be commended for its to 80 percent of primary liver cancers treatment right now. tireless efforts to increase our under- are caused by chronic hepatitis B. In I ask my colleagues to join me in rec- standing of sex differences. the United States, more than one mil- ognizing the great strides made in hep- Today we know that equity does not lion people have developed chronic hepatitis B awareness and treatment and yet exist in health care, and we have a atitis B infection and more than 5,000 acknowledge the ongoing battle during long way to go. Progress has been Americans die from hepatitis B and National Hepatitis B Awareness Week. made—we have seen an Office of Wom- hepatitis B-related liver complications f en’s Health established at the NIH, and each year. IN MEMORY OF MIGUEL the research at the Institutes has re- Despite these alarming statistics, CONTRERAS flected that representation. In fact, we however, it is estimated that only a see that not only women but also chil- small percentage of chronic hepatitis B Mrs. FEINSTEIN. Mr. President, I dren and minorities are being better patients are currently receiving treat- rise today to pay tribute to my friend represented in health research today. ment for their disease. Approximately and fellow Californian Miguel I introduced the Women’s Health Of- 15 to 40 percent of chronically infected Contreras, secretary-treasurer of the fice Act to help address the sex-based hepatitis B patients will develop liver Los Angeles County Federation of disparities in research and policy. This disease due to long-term exposure. Of Labor, AFL–CIO who died suddenly of a legislation provides permanent author- chronic hepatitis B patients who de- heart attack on Friday, May 6 at the ization for offices of women’s health in velop cirrhosis, almost half of them age of 52. five Federal agencies: the Department may die within five years because of Working families and the Latino of Health and Human Services; the the high risk of liver cancer associated community lost a great champion with Centers for Disease Control and Pre- with the progression of the disease. the passing of Miguel Contreras. vention; the Agency for Healthcare Re- Upon closer examination of hepatitis As the son of migrant farmworkers search and Quality; the Health Re- B, researchers have found alarmingly Miguel also labored in the agriculture sources and Services Administration; disproportionate rates of infection fields of California. Yet through his and the Food and Drug Administration. among Asian Pacific Islanders and Af- passion to ensure equity and fairness Currently, only two women’s health of- rican Americans. In the U.S., as many for workers, Miguel advanced to be- fices in the Federal Government have as one out of ten Asian Pacific Island- come one of the premier leaders in the statutory authorization: the Office of ers Americans are chronically infected local, State, and national labor move- Research on Women’s Health at the with the hepatitis B virus. ment. National Institutes of Health and the California has initiated a number of As a young man Miguel worked with Office for Women’s Services within the programs to ensure that we are work- Cesar Chavez of the United Farm Substance Abuse and Mental Health ing to stop the transmission of Hepa- Workers Union to organize farm work- Services Administration. titis B through vaccine programs and ers to secure improved working condi- With some offices established, but disease management programs in- tions and better wages. not authorized, the needs of women tended to make living with the disease In 1996, Miguel became the executive could be compromised without the con- more comfortable. secretary-treasurer of the Los Angeles sent of Congress. We must create statu- I recognize the Association of Asian County Federation of Labor, AFL–CIO. tory authority for these offices, to en- Pacific Community Health Organiza- Under his leadership the Los Angeles sure that health policy flows from fact, tions, AAPCHO, which is based in Oak- County Federation of Labor grew to be- not assumption. Improving the health land, CA, and the partners across the come a powerful voice for working men of American women requires a far country with whom they are working and women of Los Angeles County. greater understanding of women’s to demystify and educate citizens Miguel was the driving force behind health needs and conditions, and ongo- about hepatitis B. the transformation of an organization ing evaluation in the areas of research, During National Hepatitis B Aware- that went from a union of 125,000 mem- education, prevention, treatment and ness Week, the ‘‘AIM for the B: Aware- bers to a multi-ethnic coalition of the delivery of services and passage of ness, Involvement and Mobilization for union workers now nearly 800,000 this legislation will help ensure that. Chronic Hepatitis B’’ campaign will strong. I call on my colleagues to join me in consist of a series of local awareness Through his leadership Miguel led a supporting this legislation, which will forums and educational roundtables union-sponsored grass roots political ensure better health for our mothers, featuring doctors, patients and families drive that played a significant role in our sisters, our daughters, here and and patient advocates. Two will be held deciding the outcome of five Los Ange- abroad. in California—one in San Francisco les congressional seats and countless Thank you, Mr. President. and one in San Jose—in addition to state and local races.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.092 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4865 Miguel tirelessly spent his life work- RECOGNIZING LISA GUILLERMIN Ken is on detail from his position as ing to empower others, no matter their GABLE National Concessions Program Man- station in life. Mr. ALLEN. Mr. President, I am ager for the Forest Service. His public While Miguel Contreras may be re- pleased today to recognize and thank service career started when he fought membered most for his tenacity as a Ambassador Lisa Guillermin Gable of wildland fires in the late 1970s to the labor leader and role model for the Virginia for her valued leadership as mid-1980s. He then served as a District Latino community, his efforts to se- the United States Commissioner Gen- Resource Staff Officer in Arizona and cure a better future for American eral to the 2005 World Exposition in New Mexico and, in 1992, moved to the workers everywhere will live on. Aichi, Japan. position of Forest Recreation Staff Of- The World Expo 2005 features na- ficer in Lake Tahoe, CA. In 1996, he My deepest sympathy goes out to his tional pavilions from 125 participating took his current position at the USDA wife Maria Elena Durazo and their two countries. Under the leadership of Am- Forest Service Headquarters, a tremen- sons, Michael and Mario. bassador Gable, the not-for-profit and dous culmination of many hard-work- Mrs. BOXER. Mr. President, I am privately funded organization, Aichi ing years. Ken’s knowledge of U.S. en- deeply saddened to inform you of the USA 2005, has successfully designed and vironmental and Federal land manage- passing of Miguel Contreras, secretary- built the U.S. Pavilion, which will be ment policies, coupled with his experi- treasurer for the Los Angeles County open to the public in Nagoya, Japan, ence in on-the-ground implementation Federation of Labor, AFL–CIO. I would through September 25, 2005. The show- of these policies over the years, gives like to take a few moments to recog- case at the United States’ pavilion him a unique and critical perspective nize the many important accomplish- honors America’s first diplomat and in- of Federal land management issues ments of Miguel Contreras and the tre- novator, Benjamin Franklin. The pavil- that benefit me as I help explore updat- mendous impact he made on the labor ion showcase promotes America’s core ing and enhancing decades-old environ- movement. values of hope, optimism, enterprise mental policies and practices. Miguel led the Los Angeles County and freedom. I congratulate Ken on his many years Federation of Labor for nearly a dec- Under Ambassador Gable’s steward- of successful work and dedication to ade. During his tenure, he continuously ship, the U.S. Pavilion and related cul- the American public. fought for the rights of laborers, and tural activities were successfully and f fully funded with 100 percent non-Fed- did so with great success. Through his ADDITIONAL STATEMENTS guidance and leadership, The Los Ange- eral financing. The hard work of this les County Federation of Labor entered distinguished resident of the Common- a period of unprecedented advancement wealth of Virginia will help promote IN RECOGNITION OF THE NEW and success. U.S. economic development by fos- ISLAMIC CENTER OF AMERICA tering business relationships between ∑ Miguel Contreras was a man with Japan and the many participating Mr. LEVIN. Mr. President, I would humble beginnings. The son of farm countries and state sponsors. like to take this opportunity to pay workers, he began working in the fields I express my appreciation and thanks tribute to The Islamic Center of Amer- of California’s Central Valley at a very to Ambassador Lisa Guillermin Gable, ica, one of the first Islamic institutions young age. With his early exposure to U.S. Commissioner General to the in North America. On May 12, the Cen- the difficult life of a farm worker, he World Expo, as named by President ter will celebrate the completion of its quickly joined the ranks of political George W. Bush, for leading the way in new mosque complex in Dearborn, activists in labor as a volunteer with making possible the United States’ which will have the distinction of being the United Farm Workers of America. participation in the first world’s fair of the largest mosque in the United He stood with Cesar Chavez and the the 21st Century. States. The festivities will continue UFW during their national grape boy- with a grand banquet to be held on f cott, and continued the fight for work- May 14. These events will bring to- ers for the remaining years of his life. 26 YEARS OF DEDICATED gether Muslims, as well as many oth- FEDERAL SERVICE In 1996, Miguel Contreras became the ers, from Michigan and around the first Latino to win the post of sec- Mr. CRAPO. Mr. President, as Mem- country. retary-treasurer for the Los Angeles bers of Congress, we have the unique The Islamic Center of America traces County Federation of Labor, AFL– opportunity to participate in special its origin to the 1940s when Muslim im- CIO—comprising 350 local unions and exchange programs in which talented migrants from Lebanon and Syria more than 800,000 members. Under his individuals from other branches of gov- began settling in Detroit and thus leadership, The Los Angeles County ernment can work temporarily in our sought to bring a religious leader from Federation of Labor had seen phe- offices as legislative fellows or the Middle East to the Detroit area to nomenal growth. He coordinated many detailees. These initiatives promote ef- serve their community. A young au- successful labor rights victories includ- ficiency in the business of government thor and scholar, Imam Mohammed ing the labor dispute of 2000 when 8,500 by developing mutually beneficial rela- Jawas Chirri, was the choice, arriving janitors from Service Employees Inter- tionships between the executive and from Lebanon in February 1949. When national Union, SEIU, Local 1877 legislative branches of government. the newly-formed Islamic Center Foun- fought for and won a higher standard of As Members, we have the oppor- dation Society was established in 1954, living and better working conditions. tunity to meet these experts and ben- Imam Chirri became its new leader and efit from their insight, knowledge and soon after they decided to build a new Fighting for the rights of laborers experience. One such expert in my of- religious center. was at the core of Miguel Contreras’ fice just celebrated 26 years of service In his efforts to raise funds for the beliefs, an attribute which made him a to the USDA Forest Service. Kenneth new center, Imam Chirri visited Egypt great leader for laborers throughout Karkula is currently serving a 1-year in 1959 and successfully secured support the State of California. He cared about fellowship in my office through the for the project. The Society purchased regular people and timelessly worked Brookings Institute. Building on his land owned by the Ford Motor Com- for their welfare. extensive experience, he has made in- pany located on Joy Road and Green- I invite all of my colleagues to join valuable contributions to several issues field in Detroit. On September 20, 1963, me and the many mourning members important to Idaho in the area of nat- the Islamic Center of America first of the labor community in recognizing ural resources, the environment and opened its doors. The building con- and honoring Miguel Contreras for his energy. In the short time since his ar- sisted of a large domed prayer room, guidance and life-long effort in fighting rival, he has become an invaluable lecture hall, kitchen, offices, and two to improve the lives of laborers. He is asset to my staff, filling in during re- classrooms. Following the opening of survived by his wife Maria Elena cent permanent staff vacancies and the mosque, families of the Islamic Durazo and two sons, Michael and being willing to do whatever is asked of Center began to move into the area. By Mario. him. 1967, the Center had already outgrown

VerDate Aug 04 2004 04:26 May 11, 2005 Jkt 039060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.093 S10PT1 S4866 CONGRESSIONAL RECORD — SENATE May 10, 2005 this space. Additional classrooms, an high school dropout rates were both High School in Fishers. These out- enlarged social hall, and a minaret very high. The college started from standing young Hoosiers competed were added to serve the growing mem- very humble beginnings, offering its against 50 other schools from across bership. first courses on the third floor of an the Nation and won honorable mention In 1997, Imam Hassan Al-Qazwini, his abandoned Catholic convent, with less as one of the top ten finalists in the We wife and their three children moved than 60 students and only three full- the People: The Citizen and the Con- from California to Detroit to join The time faculty members. Today, it has stitution national finals in Wash- Islamic Center of America. Under his grown to serve over 650 students, with ington, D.C. leadership and guidance, the Center more than 150 courses and 65 full- and The motivation displayed by these has continued to flourish. Outgrowing part-time faculty members, which is students will no doubt lead them along the location on Joy Road, the Center due in large part to Dr. Monette’s dedi- the path to becoming some of our coun- began construction of a new religious cation and leadership. try’s future leaders. center on Ford Road in Dearborn in One of the many highlights of Dr. It is my honor to enter the names of 1999, near the Center’s existing grade Monette’s professional life was realiza- Ryan Arnold, Natasha Arora, Kelsey school, the Muslim American Youth tion of his vision for a new campus for Buckingham, Ricardo Doriott, Eddie Academy. The new mosque, which is lo- the college. He led the effort to secure Gillham, Worthe Holt III, Carolyn cated along a stretch of Ford Road that the needed funds to construct the facil- Homer, Kyle Lymberopoulos, Ashley is home to several churches, including ity, which is located on a 123-acre site. Martin, Michael Matern, Allison St. Sarkis Armenian Apostolic Church, The 105,000 square-foot facility includes Nimtz, Alex Orlowski, Laura Peregrim, St. Clement Ohridski Orthodox Church, state-of-the-art technology, general Jennifer Wardell, Brian White and Warrendale Community Church, St. classroom space, science and engineer- Marissa Wills in the official RECORD of Thomas Aquinas Roman Catholic ing labs, a library, learning resource the Senate for their remarkable under- Church, and Prince of Peace Lutheran center, and a gymnasium. This beau- standing of the fundamental ideals and Church, which is also home to People tiful new campus stands as a shining values of American government. I also want to take a moment to sa- of the Book Arab Christian Church, testament to Dr. Monette’s untiring lute Jill Baisinger, these students’ will be the largest in the United dedication to the cause of increasing teacher, for her clear commitment to States. At an estimated cost of be- access to postsecondary opportunities encouraging the curiosity and develop- tween $8,000,000 and $10,000,000, the new in Indian Country. ment of our Hoosier youth and fur- mosque complex will accommodate Under Dr. Monette’s leadership, Tur- thering their understanding of Amer- 1,000 individuals at prayer time, and tle Mountain Community College also ican Government.∑ will house a large auditorium, social expanded from an institution of higher hall, and 14 additional rooms for the learning to one of the community’s pil- f school. lars of economic development and op- A TRIBUTE TO DR. GERALD I know my colleagues join me in con- portunity through the creation of the ‘‘CARTY’’ MONETTE gratulating The Islamic Center of Center for New Growth and Economic ∑ Mr. DORGAN. Mr. President, my col- America on this significant achieve- Development. Working with tribal leagues have often heard me speak on ment and in recognizing its many years leadership, the center has embarked on this floor about tribal colleges that of service to the Muslim American several projects to strengthen the com- provide higher education to the resi- community in Michigan.∑ munity’s ability to grow and become dents of this country’s Indian reserva- f more economically independent. Some tions. For over 30 years, these institu- of the many projects taken on by the tions have brought hope and oppor- TRIBUTE TO DR. GERALD center include a very successful wind ‘‘CARTY’’ MONETTE tunity to thousands of students who energy program, a review of the tribe’s otherwise would not have had the ∑ Mr. President, I rise to pay tribute to constitution, a school reform initiative chance to seek an education beyond an extraordinary scholar, leader, and designed to improve student perform- high school. friend, Dr. Gerald ‘‘Carty’’ Monette. ance, and a program to reintroduce tra- There is a reason why the Nation’s For more than 30 years, Dr. Monette, ditional Native American foods into tribal colleges consistently manage to a member of the Turtle Mountain Band the diets of tribal members, which will achieve more with less than any other of Chippewa, has been a leader in the yield tremendously positive health educational institutions in the United tribal college movement nationwide, benefits. States—talented and committed lead- and more specifically, at Turtle Moun- Dr. Monette has been a true agent of ership. One of those leaders, Dr. Gerald tain Community College in Belcourt, positive change in the lives of thou- ‘‘Carty’’ Monette, has been part of the ND. When the college opened its doors sands of students who have passed tribal college movement since its in- on the reservation in 1972, Dr. Monette through Turtle Mountain Community ception. As the president of Turtle served as its director, and in 1978 he as- College during his tenure. He has been Mountain Community College since sumed the presidency of the institu- a true champion for higher education 1978, he has seen his institution grow tion. and a powerful national advocate for from a handful of students gathering in During his tenure, Dr. Monette spear- the tribal colleges. His passion is infec- an abandoned convent and a series of headed an incredible transformation of tious, and he has motivated everyone trailers in Belcourt, ND, to an enroll- the college with an added result of his to reach to their goals no matter how ment of 650 meeting in a state-of-the- determination being a remarkable in- small or large. art building in a setting that reflects crease in the ability of all American Dr. Monette has dedicated his life’s the sacred grounds of the Turtle Moun- Indians to gain access to higher edu- work to the greater good. After 27 tain Band of Chippewa. cation opportunities. In 1973, under his years as president of Turtle Mountain Dr. Monette’s modest and self-effac- leadership, Turtle Mountain Commu- Community College, he has decided to ing manner belies a strong and deter- nity College joined with five other trib- commence his well-deserved retire- mined leader who has inspired hun- al colleges to create the American In- ment, but he leaves behind a lasting dreds of graduates of Turtle Mountain dian Higher Education Consortium— legacy that will stand for many genera- Community College. He had an early AIHEC—to provide a support network tions. We owe Dr. Monette a debt of understanding of the ... relationship be- for member institutions. Today, AIHEC gratitude, and I wish him and his fam- tween education, economic develop- is composed of tribal colleges and uni- ily all the very best.∑ ment, and community partnerships. As versities located in 13 States, serving f a result, the college today boasts the American Indian students from over Center for New Growth that is a re- 250 federally recognized tribes. HONORING HAMILTON gional center for economic develop- Prior to the opening of Turtle Moun- SOUTHEASTERN HIGH SCHOOL ment; he wanted the College to have tain Community College, those living ∑ Mr. BAYH. Mr. President, today I energy independence and today there is on the reservation had no access to pay tribute to an extraordinary class of a wind and geothermal energy center higher education. Unemployment and students from Hamilton Southeastern at the College.

VerDate Aug 04 2004 04:26 May 11, 2005 Jkt 039060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.084 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4867 Not only has Dr. Monette been a pleasure to congratulate the MMMA orary members, the first meeting was leader at Turtle Mountain, he has been for this significant accomplishment.∑ conducted in a private home in Chey- a national leader as one of the founders f enne. After a series of moves and 32 of the American Indian Higher Edu- years later, VFW Post 1881 established HONORING RIVERSIDE MAYOR RON cation Consortium, AIHEC, and has and built its permanent facility at 2816 LOVERIDGE served several terms as presidents of East 7th Street in 1962. the consortium. AIHEC has been the ∑ Mrs. BOXER. Mr. President, I rise Since its founding, Post 1881 has heart and soul of the tribal college today to recognize the leadership and grown in membership and has become a movement and under Dr. Monette’s service of Ronald O. Loveridge, mayor lasting positive fixture in the commu- leadership it began an aggressive tele- of the city of Riverside. Mayor nity. The veterans of the Post are a communications initiative that is en- Loveridge has been honored as the 2005 strong pillar of family support for the hancing communities throughout In- Distinguished Citizen of the Inland Active-Duty, Reserve and Guard per- dian country. Empire by the Inland Empire Council sonnel of F.E. Warren Air Force Base As Dr. Monette prepares to apply his of Boy Scouts of America. and the State of Wyoming. The mem- leadership and vision to other edu- As mayor of the city of Riverside, bers of VFW Post 1881 remain dedicated cational pursuits, I wish him and his Ron Loveridge lends his time and lead- to our older and ailing veterans with a wife, Dr. Loretta DeLong, a Turtle ership to many organizations com- large contingency of volunteers who Mountain Community College grad- mitted to the vitality and progress of visit patients in the VA Medical Center uate, the very best. He has left a last- his community. Last year, he served in Cheyenne and Veterans Homes in ing legacy for his fellow members of the State of California as president of Buffalo, Wyoming and Scottsbluff, NE. the Turtle Mountain Band of Chippewa the League of Cities. Among the orga- They are strong supporters of the and their children. We join them hon- nizations that have honored him for his Army Junior Reserve Officer Training oring this exceptional man.∑ impressive record of service are the Corps, and through private fundraising f American Planning Association, the efforts have built two outstanding soft- California Preservation Foundation, ball fields for the Cheyenne Thunder THE MISSOURI MERCHANTS AND the United Way, and the Youth Service Girls Softball Association. As an exclu- MANUFACTURERS ASSOCIATION Center. sive project of the Post, these dedi- 25TH ANNIVERSARY In addition to his thoughtful leader- cated veterans offer new American ∑ Mr. BOND. Mr. President, I rise ship as mayor, Ron Loveridge has flags to local businesses and individ- today to pay a special tribute to the given the city of Riverside his personal uals at no cost to replace frayed and Missouri Merchants and Manufacturers commitment for 40 years. A professor damaged flags, while properly dis- Association. I am very pleased to rec- of political science at the University of posing of the exchanged flags. The ognize this organization for its 25 years California, Riverside, since 1965, Dr. Post’s Ladies Auxiliary carries on nu- of superior service to the Missouri Ron Loveridge has used his knowledge merous projects benefiting the environ- business community. and expertise to enrich students’ un- ment and the community, and inde- The Missouri Merchants and Manu- derstanding of and interest in the inner pendently raises funds for homeless facturers Association was formed in workings of local government. He has and hospitalized veterans. So it is a 1980. With hard work and untiring com- provided a model of conscientious citi- distinct honor to come before the Sen- mitment, the MMMA has grown into a zenship, volunteering his time to ad- ate and congratulate the veterans of strong, well respected voice in the leg- vance the endeavors of the Riverside VFW Post 1881 on their 75th Anniver- islative process representing over 5,000 Arts Foundation, the Riverside County sary. I thank them for their dedicated small and mid-sized businesses across Philharmonic, and the Dickens Fes- service to their fellow veterans and the State of Missouri. It is actively in- tival. community and wish them continued volved in educating MMMA members In 1998, Mayor Ron Loveridge was success for many more years to come.∑ and serving as an advocate on State meeting with council members and f legislative issues impacting businesses. staff in City Hall when a man entered While Governor of Missouri, I found and shot his gun several times. Given MESSAGE FROM THE HOUSE that the MMMA’s active involvement the circumstances, it is a miracle that At 2:42 p.m., a message from the in State legislative issues provided a no one was killed. Mayor Loveridge House of Representatives, delivered by vital resource. As chairman of the was hit in the back of the neck, the Ms. Niland, one of its reading clerks, Committee on Small Business, I highly bullet just missing his spinal cord. I announced that the House has passed value the insights they have shared on met with him just after the shooting the following bill, in which it requests numerous issues of great importance to and was amazed at his grace and good the concurrence of the Senate: America’s business. MMMA is a vital will following such an event. He has H.R. 366. An act to amend the Carl D. Per- link in spearheading the causes of gone on to lead his city in a similar kins Vocational and Technical Education small business. manner, always showing grace and Act of 1998 to strengthen and improve pro- Over the past 25 years the MMMA has good will even in the toughest of times. grams under that Act. been instrumental in repealing the I applaud Ronald Loveridge for his f Merchants and Manufacturers Inven- lifetime of public service and am tory Tax. The association has assisted pleased to invite you to join me in con- MEASURES REFERRED in the passage of more than 35 bills in gratulating him as he is honored as the The following bill was read the sec- addition to winning three lawsuits be- Boy Scouts of America Inland Empire ond time and referred as indicated: fore the Missouri Supreme Court. Col- Council’s 2005 Distinguished Citizen of S. 981. A bill to ensure that a Federal em- lectively the MMMA’s achievements the Inland Empire.∑ ployee who takes leave without pay in order have saved small and medium sized f to perform services as a member of the uni- businesses more than $400 million. formed services or member of the National The quality individuals that com- RECOGNIZING THE 75TH Guard shall continue to receive pay in an prise the MMMA epitomize the kind of ANNIVERSARY OF VFW POST 1881 amount which, when taken together with the dedication, work ethic and ideals nec- ∑ Mr. THOMAS. Mr. President, I would pay and allowances such individual is receiving for such service, will be no less than the essary to meet the ongoing challenges like to take a few moments today to basic pay such individual would then be re- and demands of the business commu- recognize a very special milestone that ceiving if no interruption in employment nity. Their leadership has influenced will take place in my home State in had occurred; to the Committee on Home- passage of important legislation and the coming days. On June 18, 2005, the land Security and Governmental Affairs. provided dependable resources in many Veterans of Foreign Wars Post 1881 in f court cases to benefit employers. The Cheyenne, WY will celebrate its 75th Missouri Merchants and Manufacturers anniversary. In 1930, veterans Harry MEASURES READ THE FIRST TIME Association celebrated its 25th anniver- Leon and Earnest Lissner founded VFW The following bill was read the first sary on January 7, 2005. It is my great Post 1881. With 69 members and 7 hon- time:

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.052 S10PT1 S4868 CONGRESSIONAL RECORD — SENATE May 10, 2005 S. 989. A bill to ensure that a Federal em- suant to law, a report entitled ‘‘Biomass Re- State, transmitting, pursuant to law, a re- ployee who takes leave without pay in order search and Development Initiative for Fiscal port entitled ‘‘Engendering Bold Leadership: to perform service as a member of the uni- Year 2003’’; to the Committee on Agri- The President’s Emergency Plan for AIDS formed services or member of the National culture, Nutrition, and Forestry. Relief’’; to the Committee on Foreign Rela- Guard shall continue to receive pay in an EC–2051. A communication from the Acting tions. amount which, when taken together with the Administrator, Rural Utilities Service, De- EC–2062. A communication from the Acting pay and allowances such individual is receiv- partment of Agriculture, transmitting, pur- Assistant Secretary, Legislative Affairs, De- ing for such service, will be no less than the suant to law, the report of a rule entitled ‘‘7 partment of State, transmitting, pursuant to basic pay such individual would then be re- CFR Part 1770, Accounting Requirements for law, the report of an interim rule entitled ceiving if no interruption in employment RUS Telecommunications Borrowers’’ ‘‘Aliens Inadmissible Under the Immigration had occurred. (RIN0572–AB77) received on May 4, 2005; to and Nationality Act—Unlawful Voters’’ the Committee on Agriculture, Nutrition, ((RIN1400–AC04) (22 CFR Part 40)) received on f and Forestry. May 3, 2005; to the Committee on Foreign EXECUTIVE AND OTHER EC–2052. A communication from the Prin- Relations. COMMUNICATIONS cipal Deputy Associate Administrator, Office EC–2063. A communication from the Acting of Policy, Economics, and Innovation, Envi- Assistant Secretary, Legislative Affairs, De- The following communications were ronmental Protection Agency, transmitting, partment of State, transmitting, pursuant to laid before the Senate, together with pursuant to law, the report of a rule entitled law, a report entitled ‘‘Cuban Emigration accompanying papers, reports, and doc- ‘‘Dimethenamid: Pesticide Tolerance’’ (FRL Policies’’; to the Committee on Foreign Re- uments, and were referred as indicated: No. 7713–4) received on May 8, 2005; to the lations. EC–2064. A communication from the Acting EC–2042. A communication from the In- Committee on Agriculture, Nutrition, and Assistant Secretary, Legislative Affairs, De- spector General, Selective Service System, Forestry. EC–2053. A communication from the Chair- partment of State, transmitting, pursuant to transmitting, pursuant to law, a semi-annual man, Farm Credit Administration, transmit- law, a report entitled ‘‘The Operation of the report relative to the Selective Service Sys- ting, pursuant to law, the report of a rule en- Enterprise for the Americas Facility and the tem’s compliance with the Inspector General titled ‘‘Borrower Rights’’ (RIN3052–AC24) re- Tropical Forest Conservation Act’’; to the Act of 1978; to the Committee on Homeland ceived on May 3, 2005; to the Committee on Committee on Foreign Relations. Security and Governmental Affairs. Agriculture, Nutrition, and Forestry. EC–2065. A communication from the Sec- EC–2043. A communication from the Acting EC–2054. A communication from the Acting retary of Health and Human Services, trans- Director, Office of Personnel Management, Administrator, Agriculture Marketing Serv- mitting, pursuant to law, a report entitled transmitting, pursuant to law, a report enti- ice, Department of Agriculture, transmit- ‘‘Tobacco Prevention and Control Activities tled ‘‘Chief Human Capital Officers Council ting, pursuant to law, the report of a rule en- in the United States, 2000–2002’’; to the Com- Fiscal Year 2004’’; to the Committee on titled ‘‘Olives Grown in California; Increased mittee on Health, Education, Labor, and Homeland Security and Governmental Af- Assessment Rate’’ (Docket No. FV05–932–1 Pensions. fairs. FR) received May 4, 2005; to the Committee EC–2066. A communication from the Sec- EC–2044. A communication from the Dep- on Agriculture, Nutrition, and Forestry. retary of Health and Human Services, trans- uty Archivist of the United States, National EC–2055. A communication from the Con- mitting, pursuant to law, a report entitled Archives and Records Administration, trans- gressional Review Coordinator, Animal and ‘‘Fiscal Year 2004 Medical Device User Fee mitting, pursuant to law, the report of a rule Plant Health Inspection Service, Department and Modernization Act Financial Report’’; to entitled ‘‘NARA Facility Locations and of Agriculture, transmitting, pursuant to the Committee on Health, Education, Labor, Hours’’ (RIN3095–AB47) received on May 5, law, the report of a rule entitled ‘‘Add Ma- and Pensions. 2005; to the Committee on Homeland Secu- laysia to List of Regions in Which Highly EC–2067. A communication from the Sec- rity and Governmental Affairs. Pathogenic Avian Influenza Subtype H5N1 is retary of Health and Human Services, trans- EC–2045. A communication from the Senior Considered to Exist’’ (APHIS Docket No. 04– mitting, pursuant to law, a report entitled Procurement Executive, National Aero- 091–1) received on May 4, 2005; to the Com- ‘‘Performance Improvement 2004: Evaluation nautics and Space Administration, General mittee on Agriculture, Nutrition, and For- Activities of the U.S. Department of Health Services Administration, transmitting, pur- estry. and Human Services’’; to the Committee on suant to law, the report of a rule entitled EC–2056. A communication from the Con- Health, Education, Labor, and Pensions. ‘‘Federal Acquisition Regulation; Federal gressional Review Coordinator, Animal and EC–2068. A communication from the Chair, Acquisition Circular 2005–03’’ (FAC 2005–03) Plant Health Inspection Service, Department Barry M. Goldwater Scholarship and Excel- received on May 3, 2005; to the Committee on of Agriculture, transmitting, pursuant to lence in Education Foundation, transmit- Homeland Security and Governmental Af- law, the report of a rule entitled ‘‘Brucellosis ting, pursuant to law, the Annual Report of fairs. in Swine; Add Florida to List of Validated the activities of the Goldwater Foundation; EC–2046. A communication from the Chair- Brucellosis-Free States’’ (APHIS Docket No. to the Committee on Health, Education, man of the Council of the District of Colum- 05–009–1) received on May 4, 2005; to the Com- Labor, and Pensions. bia, transmitting, pursuant to law, a report mittee on Agriculture, Nutrition, and For- EC–2069. A communication from the Rail- on D.C. Act 16–70, ‘‘Carver 2000 Low-Income estry. road Retirement Board, transmitting a re- and Senior Housing Project Temporary EC–2057. A communication from the Presi- port of proposed legislation relative to the Amendment Act of 2005’’; to the Committee dent of the United States, transmitting, pur- Railroad Retirement Act; to the Committee on Homeland Security and Governmental Af- suant to law, a report relative to the na- on Health, Education, Labor, and Pensions. fairs. tional emergency with respect to Syria that EC–2070. A communication from the Direc- EC–2047. A communication from the Chair- was declared in Executive Order 13338 of May tor, Office of White House Liaison, Depart- man of the Council of the District of Colum- 11, 2004; to the Committee on Banking, Hous- ment of Education, transmitting, pursuant bia, transmitting, pursuant to law, a report ing, and Urban Affairs. to law, the report of a vacancy in the posi- on D.C. Act 16–69, ‘‘Finance and Revenue EC–2058. A communication from the Gen- tion of Assistant Secretary, received on May Technical Corrections Temporary Amend- eral Counsel, Office of the General Counsel, 4, 2005; to the Committee on Health, Edu- ment Act of 2005’’; to the Committee on National Credit Union Administration, cation, Labor, and Pensions. Homeland Security and Governmental Af- transmitting, pursuant to law, the report of EC–2071. A communication from the Direc- fairs. a rule entitled ‘‘Conversion of Insured Credit tor, Regulations Policy and Management EC–2048. A communication from the Chair- Unions to Mutual Savings Banks’’ (12 CFR Staff, Food and Drug Administration, De- man of the Council of the District of Colum- Part 708a) received on May 8, 2005; to the partment of Health and Human Services, bia, transmitting, pursuant to law, a report Committee on Banking, Housing, and Urban transmitting, pursuant to law, the report of on D.C. Act 16–68, ‘‘Fiscal Year 2005 Oper- Affairs. a rule entitled ‘‘Color Additives Certifi- ating Cash Reserve Allocation Temporary EC–2059. A communication from the Assist- cation; Increase in Fees for Certification Act of 2005’’; to the Committee on Homeland ant Administrator, Bureau for Legislative Services’’ (Docket No. 2005N–0077) received Security and Governmental Affairs. and Public Affairs, U.S. Agency for Inter- on May 3, 2005; to the Committee on Health, EC–2049. A communication from the Chair- national Development, transmitting, pursu- Education, Labor, and Pensions. man of the Council of the District of Colum- ant to law, the Egypt Economic Report for EC–2072. A communication from the Direc- bia, transmitting, pursuant to law, a report 2004; to the Committee on Foreign Relations. tor, Regulations Policy and Management on D.C. Act 16–67, ‘‘Closing, Dedication, and EC–2060. A communication from the Assist- Staff, Food and Drug Administration, De- Designation of Public Streets and Alleys in ant Legal Adviser for Treaty Affairs, Depart- partment of Health and Human Services, Squares 5246, 5272, 5273, 5276, 5277, 5279, 5280, ment of State, transmitting, pursuant to the transmitting, pursuant to law, the report of and 5281, S.O. 02–4088 Act of 2005’’; to the Case-Zablocki Act, 1 U.S.C. 112b, the report a rule entitled ‘‘Food Additives Permitted Committee on Homeland Security and Gov- of the texts and background statements of for Direct Addition to Food for Human Con- ernmental Affairs. international agreements, other than trea- sumption; Glycerol Ester of Gum Rosin’’ EC–2050. A communication submitted ties; to the Committee on Foreign Relations. (Docket No. 2003F–0471) received on May 3, jointly from the Secretary of Energy and the EC–2061. A communication from the U.S. 2005; to the Committee on Health, Education, Secretary of Agriculture, transmitting, pur- Global AIDS Coordinator, Department of Labor, and Pensions.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.055 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4869 EC–2073. A communication from the Regu- Teachers Professional Development Insti- 151, a bill to amend title 38, United lations Coordinator, Office for Civil Rights, tutes; to the Committee on Health, Edu- States Code, to require an annual plan Department of Health and Human Services, cation, Labor, and Pensions. on outreach activities of the Depart- transmitting, pursuant to law, the report of By Mr. KENNEDY (for himself, Mr. ment of Veterans Affairs. a rule entitled ‘‘Amending the Regulations DURBIN, Mr. HARKIN, and Mr. AKAKA): Governing Nondiscrimination on the Basis of S. 991. A bill to amend title I of the Em- S. 224 Race, Color, National Origin, Handicap, Sex, ployee Retirement Income Security Act of At the request of Mr. KENNEDY, the and Age to Conform to the Civil Rights Res- 1974 to limit the availability of benefits name of the Senator from Connecticut toration Act of 1987’’ (RIN0991–AB10) re- under an employer’s nonqualified deferred (Mr. LIEBERMAN) was added as a co- ceived on May 8, 2005; to the Committee on compensation plans in the event that any of Health, Education, Labor, and Pensions. the employer’s defined benefit pension plans sponsor of S. 224, a bill to extend the period for COBRA coverage for victims f are subjected to a distress or PBGC termination in connection with bankruptcy reor- of the terrorist attacks of September REPORTS OF COMMITTEES ganization or a conversion to a cash balance 11, 2001. plan, to provide appropriate funding restric- S. 260 The following reports of committees tions in connection with the maintenance of were submitted: nonqualified deferred compensation plans, At the request of Mr. INHOFE, the By Mr. ENZI, from the Committee on and to provide for appropriate disclosure name of the Senator from Rhode Island Health, Education, Labor, and Pensions: with respect to nonqualified deferred com- (Mr. CHAFEE) was added as a cosponsor Report to accompany S. 250, a bill to pensation plans; to the Committee on of S. 260, a bill to authorize the Sec- amend the Carl D. Perkins Vocational and Health, Education, Labor, and Pensions. retary of the Interior to provide tech- Technical Education Act of 1998 to improve By Mr. HARKIN: nical and financial assistance to pri- the Act (Rept. No. 109–65). S. 992. A bill to amend the Tariff Act of vate landowners to restore, enhance, f 1930 to eliminate the consumptive demand exception relating to the importation of and manage private land to improve INTRODUCTION OF BILLS AND goods made with forced labor; to the Com- fish and wildlife habitats through the JOINT RESOLUTIONS mittee on Finance. Partners for Fish and Wildlife Pro- By Mr. GRASSLEY (for himself and gram. The following bills and joint resolu- Mr. BAUCUS): S. 333 tions were introduced, read the first S. 993. A bill to amend the Internal Rev- and second times by unanimous con- enue Code of 1986 to impose an excise tax on At the request of Mr. SANTORUM, the sent, and referred as indicated: amounts received under certain insurance name of the Senator from Kentucky By Ms. SNOWE: policies in which certain exempt organiza- (Mr. BUNNING) was added as a cosponsor S. 984. A bill to amend the Exchange Rates tions hold an interest; to the Committee on of S. 333, a bill to hold the current re- and International Economic Policy Coordi- Finance. gime in Iran accountable for its threat- nation Act of 1988 to clarify the definition of By Mr. MCCONNELL (for himself, Mrs. ening behavior and to support a transi- manipulation with respect to currency, and FEINSTEIN, Mr. MCCAIN, Mr. LEAHY, tion to democracy in Iran. for other purposes; to the Committee on Mr. BROWNBACK, Mr. OBAMA, Ms. S. 337 Banking, Housing, and Urban Affairs. MURKOWSKI, and Mr. ALEXANDER): By Mrs. CLINTON (for herself, Ms. S.J. Res. 18. A joint resolution approving At the request of Mr. GRAHAM, the SNOWE, Mr. JOHNSON, and Mr. COCH- the renewal of import restrictions contained name of the Senator from Arkansas in the Burmese Freedom and Democracy Act RAN): (Mr. PRYOR) was added as a cosponsor of 2003; to the Committee on Finance. S. 985. A bill to establish kinship navigator of S. 337, a bill to amend title 10, programs, to establish kinship guardianship f United States Code, to revise the age assistance payments for children, and for other purposes; to the Committee on Fi- SUBMISSION OF CONCURRENT AND and service requirements for eligibility nance. SENATE RESOLUTIONS to receive retired pay for non-regular By Mr. NELSON of Nebraska: The following concurrent resolutions service, to expand certain authorities S. 986. A bill to authorize the Secretary of and Senate resolutions were read, and to provide health care benefits for Re- Education to award grants for the support of referred (or acted upon), as indicated: serves and their families, and for other full-service community schools, and for purposes. other purposes; to the Committee on Health, By Mr. INHOFE (for himself, Mr. BOND, S. 347 Education, Labor, and Pensions. Mr. BAUCUS, and Mr. JEFFORDS): By Mr. MCCAIN (for himself and Mr. S. Res. 135. A resolution congratulating the At the request of Mr. NELSON of Flor- DORGAN): National Asphalt Pavement Association on ida, the name of the Senator from S. 987. A bill to restore safety to Indian its 50th anniversary and recognizing the con- Georgia (Mr. ISAKSON) was added as a women; to the Committee on Indian Affairs. tributions of members of the Association to cosponsor of S. 347, a bill to amend ti- By Mr. SESSIONS (for himself, Mr. EN- the United States; considered and agreed to. By Mrs. HUTCHISON: tles XVIII and XIX of the Social Secu- SIGN, Mr. MARTINEZ, Mr. CORNYN, Mr. rity Act and title III of the Public ALLEN, Mr. HATCH, Mrs. HUTCHISON, S. Con. Res. 31. A concurrent resolution to Mr. LOTT, Mr. ISAKSON, Mr. COCHRAN, correct the enrollment of H.R. 1268; consid- Health Service Act to improve access Mr. BUNNING, Mr. BURNS, Mr. COBURN, ered and agreed to. to information about individuals’ Mr. CHAMBLISS, Mr. INHOFE, Mr. ENZI, f health care operations and legal rights Mr. CRAPO, Mr. CRAIG, Mr. GRAHAM, for care near the end of life, to promote ADDITIONAL COSPONSORS Mr. VITTER, Mr. THUNE, Mr. ALEX- advance care planning and decision- ANDER, Mr. SUNUNU, and Mr. AL- S. 21 making so that individuals’ wishes are LARD): At the request of Ms. COLLINS, the known should they become unable to S. 988. A bill to permanently repeal the es- name of the Senator from Connecticut speak for themselves, to engage health tate and generation-skipping transfer taxes; to the Committee on Finance. (Mr. DODD) was added as a cosponsor of care providers in disseminating infor- By Mr. DURBIN (for himself and Ms. S. 21, a bill to provide for homeland se- mation about and assisting in the prep- MIKULSKI): curity grant coordination and sim- aration of advance directives, which in- S. 989. A bill to ensure that a Federal em- plification, and for other purposes. clude living wills and durable powers of ployee who takes leave without pay in order S. 45 attorney for health care, and for other to perform service as a member of the uni- At the request of Mr. LEVIN, the purposes. formed services or member of the National Guard shall continue to receive pay in an name of the Senator from Illinois (Mr. S. 365 amount which, when taken together with the DURBIN) was added as a cosponsor of S. At the request of Mr. COLEMAN, the pay and allowances such individual is receiv- 45, a bill to amend the Controlled Sub- name of the Senator from New Jersey ing for such service, will be no less than the stances Act to lift the patient limita- (Mr. CORZINE) was added as a cosponsor basic pay such individual would then be re- tion on prescribing drug addiction of S. 365, a bill to amend the Torture ceiving if no interruption in employment treatments by medical practitioners in Victims Relief Act of 1998 to authorize had occurred; read the first time. group practices, and for other purposes. By Mr. LIEBERMAN (for himself and appropriations to provide assistance S. 151 Mr. DODD): for domestic and foreign centers and S. 990. A bill to provide a grant program to At the request of Mr. SANTORUM, his programs for the treatment of victims support the establishment and operation of name was added as a cosponsor of S. of torture, and for other purposes.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.057 S10PT1 S4870 CONGRESSIONAL RECORD — SENATE May 10, 2005 S. 372 from Kentucky (Mr. BUNNING) were Idaho (Mr. CRAPO) and the Senator At the request of Mr. LEAHY, the added as cosponsors of S. 520, a bill to from New York (Mrs. CLINTON) were name of the Senator from South Da- limit the jurisdiction of Federal courts added as cosponsors of S. 627, a bill to kota (Mr. JOHNSON) was added as a co- in certain cases and promote fed- amend the Internal Revenue Code of sponsor of S. 372, a bill to amend the eralism. 1986 to permanently extend the re- Internal Revenue Code of 1986 to pro- S. 558 search credit, to increase the rates of vide that a deduction equal to fair mar- At the request of Mr. REID, the the alternative incremental credit, and ket value shall be allowed for chari- names of the Senator from Idaho (Mr. to provide an alternative simplified table contributions of literacy, musi- CRAPO) and the Senator from New credit for qualified research expenses. cal, artistic, or scholarly compositions Hampshire (Mr. SUNUNU) were added as S. 633 created by the donor. cosponsors of S. 558, a bill to amend At the request of Mr. JOHNSON, the S. 380 title 10, United States Code, to permit name of the Senator from Idaho (Mr. At the request of Ms. COLLINS, the certain additional retired members of CRAPO) was added as a cosponsor of S. names of the Senator from Indiana the Armed Forces who have a service- 633, a bill to require the Secretary of (Mr. BAYH) and the Senator from Cali- connected disability to receive both the Treasury to mint coins in com- fornia (Mrs. BOXER) were added as co- disability compensation from the De- memoration of veterans who became sponsors of S. 380, a bill to amend the partment of Veterans Affairs for their disabled for life while serving in the Public Health Service Act to establish disability and either retired pay by Armed Forces of the United States. a State family support grant program reason of their years of military serv- S. 647 to end the practice of parents giving ice or Combat-Related Special com- At the request of Mrs. LINCOLN, the legal custody of their seriously emo- pensation and to eliminate the phase- name of the Senator from South Caro- tionally disturbed children to State in period under current law with re- lina (Mr. GRAHAM) was added as a co- agencies for the purpose of obtaining spect to such concurrent receipt. sponsor of S. 647, a bill to amend title mental health services for those chil- S. 576 XVIII of the Social Security Act to au- dren. At the request of Mr. BYRD, the thorize physical therapists to evaluate S. 392 names of the Senator from New Jersey and treat medicare beneficiaries with- At the request of Mr. SANTORUM, his (Mr. CORZINE) and the Senator from out a requirement for a physician rename was added as a cosponsor of S. Connecticut (Mr. DODD) were added as ferral, and for other purposes. 392, a bill to authorize the President to cosponsors of S. 576, a bill to restore S. 650 award a gold medal on behalf of Con- the prohibition on the commercial sale At the request of Mr. LUGAR, the gress, collectively, to the Tuskegee and slaughter of wild free-roaming name of the Senator from Kansas (Mr. Airmen in recognition of their unique horses and burros. BROWNBACK) was added as a cosponsor military record, which inspired revolu- S. 601 of S. 650, a bill to amend the Clean Air tionary reform in the Armed Forces. At the request of Mr. CONRAD, the Act to increase production and use of S. 441 name of the Senator from Georgia (Mr. renewable fuel and to increase the en- At the request of Mr. SANTORUM, the ISAKSON) was added as a cosponsor of S. ergy independence of the United name of the Senator from North Caro- 601, a bill to amend the Internal Rev- States, and for other purposes. lina (Mr. BURR) was added as a cospon- enue Code of 1986 to include combat S. 675 sor of S. 441, a bill to amend the Inter- pay in determining an allowable con- At the request of Mr. DORGAN, the nal Revenue Code of 1986 to make per- tribution to an individual retirement name of the Senator from Colorado manent the classification of a motor- plan. (Mr. SALAZAR) was added as a cospon- sports entertainment complex. S. 603 sor of S. 675, a bill to reward the hard S. 467 At the request of Ms. LANDRIEU, the work and risk of individuals who At the request of Mr. DODD, the name of the Senator from North Da- choose to live in and help preserve names of the Senator from Minnesota kota (Mr. DORGAN) was added as a co- America’s small, rural towns, and for (Mr. COLEMAN) and the Senator from sponsor of S. 603, a bill to amend the other purposes. Washington (Mrs. MURRAY) were added Consumer Credit Protection Act to as- S. 722 as cosponsors of S. 467, a bill to extend sure meaningful disclosures of the At the request of Mr. SANTORUM, the the applicability of the Terrorism Risk terms of rental-purchase agreements, names of the Senator from Georgia Insurance Act of 2002. including disclosures of all costs to (Mr. CHAMBLISS) and the Senator from S. 484 consumers under such agreements, to Virginia (Mr. ALLEN) were added as co- At the request of Mr. WARNER, the provide certain substantive rights to sponsors of S. 722, a bill to amend the name of the Senator from Nebraska consumers under such agreements, and Internal Revenue Code of 1986 to reduce (Mr. NELSON) was added as a cosponsor for other purposes. the tax on beer to its pre-1991 level. of S. 484, a bill to amend the Internal S. 619 S. 737 Revenue Code of 1986 to allow Federal At the request of Ms. CANTWELL, her At the request of Mr. CRAIG, the civilian and military retirees to pay name was added as a cosponsor of S. name of the Senator from Rhode Island health insurance premiums on a pretax 619, a bill to amend title II of the So- (Mr. REED) was added as a cosponsor of basis and to allow a deduction for cial Security Act to repeal the Govern- S. 737, a bill to amend the USA PA- TRICARE supplemental premiums. ment pension offset and windfall elimi- TRIOT ACT to place reasonable limita- S. 515 nation provisions. tions on the use of surveillance and the At the request of Mr. BYRD, the S. 621 issuance of search warrants, and for names of the Senator from Michigan At the request of Mr. CONRAD, the other purposes. (Ms. STABENOW) and the Senator from names of the Senator from New York S. 751 New Jersey (Mr. LAUTENBERG) were (Mrs. CLINTON) and the Senator from At the request of Mrs. FEINSTEIN, the added as cosponsors of S. 515, a bill to North Dakota (Mr. DORGAN) were added name of the Senator from Minnesota amend title 32, United States Code, to as cosponsors of S. 621, a bill to amend (Mr. DAYTON) was added as a cosponsor increase the maximum Federal share of the Internal Revenue Code of 1986 to of S. 751, a bill to require Federal agen- the costs of State programs under the permanently extend the 15-year recov- cies, and persons engaged in interstate National Guard Youth Challenge Pro- ery period for the depreciation of cer- commerce, in possession of data con- gram, and for other purposes. tain leasehold improvements. taining personal information, to dis- S. 520 S. 627 close any unauthorized acquisition of At the request of Mr. SHELBY, the At the request of Mr. HATCH, the such information. names of the Senator from Colorado names of the Senator from Wyoming S. 770 (Mr. ALLARD), the Senator from Okla- (Mr. THOMAS), the Senator from Indi- At the request of Mr. LEVIN, the homa (Mr. INHOFE) and the Senator ana (Mr. BAYH), the Senator from names of the Senator from Maryland

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.060 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4871 (Mr. SARBANES) and the Senator from S. 967 the Commission notes that foreign ex- Connecticut (Mr. LIEBERMAN) were At the request of Mr. LAUTENBERG, change markets are sending clear sig- added as cosponsors of S. 770, a bill to the name of the Senator from Wis- nals that China should revalue its amend the Nonindigenous Aquatic Nui- consin (Mr. FEINGOLD) was added as a yuan, and that in recent years all sance Prevention and Control Act of cosponsor of S. 967, a bill to amend the major currencies have adjusted upward 1990 to reauthorize and improve that Communications Act of 1934 to ensure with the exception of China’s. The Act. that prepackaged news stories contain Commission explains that an apprecia- S. 784 announcements that inform viewers tion of foreign currencies is needed to At the request of Mr. THOMAS, the that the information within was pro- help correct the U.S. current account name of the Senator from Illinois (Mr. vided by the United States Govern- deficit. DURBIN) was added as a cosponsor of S. ment, and for other purposes. In the report, the Commission dis- 784, a bill to amend title XVIII of the S. RES. 33 cusses the value of improving the proc- Social Security Act to provide for the At the request of Mr. LEVIN, the ess by which the Treasury Department coverage of marriage and family thera- names of the Senator from Massachu- assesses and reports upon the issue of pist services and mental health coun- setts (Mr. KERRY) and the Senator from foreign countries’ currency manipula- selor services under part B of the medi- Virginia (Mr. ALLEN) were added as co- tion. The legislation that I offer today, care program, and for other purposes. sponsors of S. Res. 33, a resolution urg- which is cosponsored by Senator DOLE, S. 792 ing the Government of Canada to end makes substantial improvements to At the request of Mr. DORGAN, the the commercial seal hunt. that process. names of the Senator from Connecticut f Chair MANZULLO, my counterpart in (Mr. DODD) and the Senator from Lou- the House of Representatives is offer- STATEMENTS ON INTRODUCED ing this bill today in the House. I isiana (Mr. VITTER) were added as co- BILLS AND JOINT RESOLUTIONS sponsors of S. 792, a bill to establish a thank him for his leadership on issues National sex offender registration By Ms. SNOWE: affecting our Nation’s small businesses, database, and for other purposes. S. 984. A bill to amend the Exchange and particularly for his efforts on be- S. 806 Rates and International Economic Pol- half of our Nation’s manufacturers. Specifically, the legislation amends At the request of Mr. CRAIG, the icy Coordination Act of 1988 to clarify name of the Senator from Illinois (Mr. the definition of manipulation with re- the Exchange Rates and Economic Pol- icy Coordination Act of 1988, to clarify DURBIN) was added as a cosponsor of S. spect to currency, and for other pur- 806, a bill to amend title 38, United poses; to the Committee on Banking, that a country is manipulating its cur- States Code, to provide a traumatic in- Housing, and Urban Affairs. rency if it is engaged in ‘‘protracted jury protection rider to Ms. SNOWE. Mr. President, I rise large-scale intervention in one direc- servicemembers insured under section today to speak on the issue of currency tion in the exchange market.’’ The legislation also amends the 1988 1967(a)(1) of such title. policies and to offer a bill, the Fair Currency Practices Act of 2005, that Act to eliminate the necessity that a S. 811 will address key concerns regarding the country have both a material global At the request of Mr. DURBIN, the Treasury Department’s statutory recurrent account surplus and a signifi- names of the Senator from Illinois (Mr. view and reporting requirements on cant bilateral trade surplus with the OBAMA), the Senator from Indiana (Mr. currency manipulation. In particular, United States, before the Secretary of BAYH), the Senator from Indiana (Mr. this bill strengthens Treasury’s hand the Treasury is required to enter into LUGAR) and the Senator from Ken- in addressing currency manipulation, negotiations with the offending coun- tucky (Mr. BUNNING) were added as co- including the current practices of try to end its unfair practices. The sponsors of S. 811, a bill to require the countries such as China. change requires such negotiations if Secretary of the Treasury to mint Through the practice of pegging its there is either a material global cur- coins in commemoration of the bicen- currency to the dollar, China artifi- rent account surplus or a significant tennial of the birth of Abraham Lin- cially maintains the yuan, at 8.28 per bilateral trade surplus with the United coln. dollar. While economists differ over the States. S. 843 extent that China’s currency is under- Currently, the Treasury Department, At the request of Ms. CANTWELL, her valued, it is often estimated to be un- the International Monetary Fund, and name was added as a cosponsor of S. dervalued by as much as fifteen to others rely largely upon suspect Chi- 843, a bill to amend the Public Health forty percent, rendering Chinese manu- nese data in determining China’s trade Service Act to combat autism through factured goods cheaper in the U.S.— balance with other countries. The leg- research, screening, intervention and and U.S. manufactured goods more ex- islation’s final provision instructs the education. pensive in China. Treasury Department to undertake an S. 859 China’s deliberate and unfair cur- exercise examining China’s trade sur- At the request of Mr. SANTORUM, the rency practices have contributed to our plus. The investigation would include name of the Senator from North Da- Nation’s trade deficit with China, an analysis of why China’s reported kota (Mr. DORGAN) was added as a co- reaching a record $162 billion last year. trade surplus with the U.S. and other sponsor of S. 859, a bill to amend the The yuan’s undervaluation has had a countries differs from that reported by Internal Revenue Code of 1986 to allow profound impact on our Nation’s manu- China’s trading partners. The legisla- an income tax credit for the provision facturing sector—particularly on U.S. tion requires that the Treasury Depart- of homeownership and community de- manufacturing employment. ment submit a report of its investiga- velopment, and for other purposes. As Chair of the Senate Committee on tion to Congress. S. 936 Small Business and Entrepreneurship, Representative MANZULLO and I will At the request of Mr. LEAHY, the Co-Chair of the Senate Task Force on continue to collaborate on addressing name of the Senator from Illinois (Mr. Manufacturing, and a Senator from a unfair currency practices by offending OBAMA) was added as a cosponsor of S. State with a rich history in manufac- countries. We Are both well aware of 936, a bill to ensure privacy for e-mail turing, I am keenly aware of this the negative effects these practices communications. issue’s importance. Indeed, our manu- have on our Nation’s small businesses. S. 962 facturers—who are integral to our eco- One of our combined efforts commis- At the request of Mr. BAUCUS, the nomic security and national defense— sioned a General Accounting Office name of the Senator from Iowa (Mr. unjustifiably struggle to compete with study which examined issues related to HARKIN) was added as a cosponsor of S. countries that disregard their inter- foreign government manipulation of 962, a bill to amend the Internal Rev- national obligations. world currency markets. That study is enue Code of 1986 to allow a credit to The U.S.-China Economic and Secu- expected to be released soon. holders of qualified bonds issued to fi- rity Review Commission released a re- As in the past, I will continue to nance certain energy projects, and for port today, which focuses on China’s strive to draw greater attention to the other purposes. exchange rate problem. In the report, effects of China’s currency practices

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.062 S10PT1 S4872 CONGRESSIONAL RECORD — SENATE May 10, 2005 and to find solutions that enable our Treasury is required to enter into negotia- Mother not through biology, but by domestic industries to compete on a tions with the offending country to end its their unconditional love for children. level and fair playing field. unfair practices. The change requires such In New York alone, more than 500,000 I ask unanimous consent that the negotiations if there is either a material global current account surplus OR a signifi- children are cared for by non-parent text of the bill and that a section-by- cant bilateral trade surplus with the United relative caregivers. Nationwide, grand- section summary of the bill be printed States. parents head 4.5 million households and in the RECORD. Reasoning: Under current law, even if ma- other relatives head another 1.5 million There being no objection, the mate- nipulation was found, Treasury would not be households. Linda James of Rochester, rial was ordered to be printed in the required to act unless the offending country NY is one such mother. She became a RECORD, as follows: has a significant bilateral trade surplus with second-time mother at the age of 41 the U.S. AND a material global current ac- S. 984 when her granddaughter Jasmine was count surplus. The U.S.-China Economic and Be it enacted by the Senate and House of Rep- Security Review Commission recommended born prematurely and her daughter, resentatives of the United States of America in in its 2004 Report to Congress that the mate- Jasmine’s mother, was unable to care Congress assembled, rial global current account surplus condition for her daughter. When the hospital SECTION 1. SHORT TITLE. not be required. needed authorization to perform an This Act may be cited as the ‘‘Fair Cur- (b)—Amends the 1988 Act to clarify that a emergency operation on tiny Jasmine, rency Practices Act of 2005’’. country engaged in ‘‘protracted large-scale Linda stepped in and assumed responsi- SEC. 2. AMENDMENTS RELATING TO INTER- intervention in one direction in the exchange bility. Since that day, Linda has been NATIONAL FINANCIAL POLICY. market’’ is manipulating its currency. This Jasmine’s only resource for stability (a) BILATERAL NEGOTIATIONS.—Section language derives from the International 3004(b) of the Exchange Rates and Inter- Monetary Fund’s (IMF) Principles for Fund and happiness. national Economic Policy Coordination Act Surveillance Over Exchange Rate Policies. Over time, Linda, like many relative of 1988 (22 U.S.C. 5304(b)) is amended in the Reasoning: Treasury repeatedly fails to caregivers, faced many challenges as second sentence by striking ‘‘and (2)’’ and in- make a determination that China is manipu- she tried to raise Jasmine. Simple serting ‘‘or (2)’’. lating its currency and the Trade Act does tasks such as enrolling her in school (b) DEFINITION OF MANIPULATION.—Section not specifically define ‘‘manipulating.’’ This and securing health insurance were 3006 of the Exchange Rates and International provision clarifies that a country engaged in Economic Policy Coordination Act of 1988 (22 ‘‘protracted large-scale intervention in one daunting because she had trouble find- U.S.C. 5306) is amended by adding at the end direction in the exchange market’’ is manip- ing basic information about how to ap- the following: ulating its currency. The provision does not proach the process. Linda made many ‘‘(3) MANIPULATION OF RATE OF EXCHANGE.— preclude the Secretary of Treasury from sacrifices to ensure Jasmine’s success, For purposes of this Act, a country shall be finding a country to be manipulating its rate even taking a leave of absence from her considered to be manipulating the rate of ex- of exchange based on any other factor or job so she could give Jasmine the con- change between its currency and the United combination of factors. stant medical attention she required, States dollar if there is a protracted large- (c)—Requires that Treasury undertake an but she often felt like the cards were scale intervention in one direction in the ex- examination of China’s trade surplus and re- change markets. The Secretary may find port on its findings. The Department of stacked against her. Emotionally, that a country is manipulating the rate of Treasury should investigate why China’s re- physically, and financially, the experi- exchange based on any other factor or com- ported trade surplus with the U.S. and other ence of raising little Jasmine was noth- bination of factors.’’. countries differs from that reported by the ing short of exhausting. (c) REPORT.—Not later than 90 days after trading partner countries. The report should Kinship caregivers like Linda are the date of enactment of this Act, the Sec- quantify these differences so that policy often the best chance for a loving and retary of the Treasury shall undertake an makers will be better able to understand the stable childhood for the children in examination, and submit a report to Con- facts behind China’s trade surplus. gress, regarding the trade surplus of the Peo- Reasoning: Treasury and the IMF use offi- their care, but Federal law does little ple’s Republic of China. The Secretary shall cial Chinese statistics when determining to support these families. In fact, un- examine why the trade surplus with the China’s global current account and trade bal- less a child’s parents relinquish their United States and other countries reported ances. China’s global current account and parental rights, and the relative care- by the People’s Republic of China differs trade balance statistics differ markedly from givers become adoptive parents, kin- from the trade surplus reported by the other the aggregate statistics of its trading part- ship caregivers are no different from countries. The report shall also quantify the ners. This results in an inaccurate depiction strangers in the eyes of Federal law. differences between the trade surplus re- of China’s true surplus, which is presumably ported by the United States and other coun- much larger than reported by China. In these sad cases, children often lin- tries and what is reported by the People’s ger in foster care unnecessarily while a Republic of China. By Mrs. CLINTON (for herself, stable, permanent, loving option is LEGISLATION ADDRESSING CHINA’S CURRENCY Ms. SNOWE, Mr. JOHNSON, and overlooked. MANIPULATION Mr. COCHRAN): That is why Senator SNOWE and I are Background: The Exchange Rates and S. 985. A bill to establish kinship nav- introducing The Kinship Caregiver International Economic Policy Coordination igator programs, to establish kinship Support Act. This proposal will provide Act of 1998 (the 1998 Act) requires that Treas- guardianship assistance payments for relative caregivers with the informa- ury regularly make a determination of children, and for other purposes; to the tion and assistance they need to thrive whether countries are manipulating the rate Committee on Finance. as non-traditional families. This bill of exchange between their currency and the will link kinship families with local- U.S. dollar for purposes of preventing effec- Mrs. CLINTON. Mr. President, I rise tive balance of payments adjustments or today to re-introduce the Kinship Care- ized information about the services and gaining an unfair competitive advantage in giver Support Act with my friend and support available to them. By creating international trade. If the Secretary of colleague, Senator OLYMPIA SNOWE. I one-stop centers for kinship caregivers, Treasury considers that such manipulation would like to acknowledge Senators this bill will provide essential support is occurring with respect to countries that TIM JOHNSON and THAD COCHRAN who that will keep these families afloat. (1) have material global current account sur- are original co-sponsors of this legisla- This legislation will also allow States pluses; and (2) have significant bilateral tion. to use their Federal foster care funds trade surpluses with the United States, the to provide kinship caregiver assistance Secretary is required to take action to ini- Over the weekend, America cele- tiate negotiations with such foreign coun- brated Mother’s Day, a special day payments for children languishing in tries on an expedited basis. when we honored our mothers, whose foster care while a kinship caregiver Section 1—Short Title—This Act will be love and nurturing sustains us stands ready to step in. known as the Fair Currency Practices Act of throughout our lives. Mother’s Day of- At this time of year, when we re- 2005. fers a wonderful opportunity to honor member and honor our mothers, let us Section 2—Amendments Relating to Inter- the millions of mothers who offer the also remember the contributions that national Financial Policy. gifts of love and nurturing for children unconventional mothers make, moth- (a)—Amends the Trade Act to eliminate the necessity that a country have both a main need. They give so much to the most ers who each and every day go above terial global current account surplus AND a vulnerable among us, and too often and beyond the call of duty to help significant bilateral trade surplus with the they go unnoticed and unthanked. some of the most vulnerable of our United States, before the Secretary of the Many of these women earn the title of children.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.064 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4873 By Mr. MCCAIN (for himself and forcement and prosecutors working in derive their arrest authority by con- Mr. DORGAN): Indian Country present challenges. For tract with the BIA, to make an arrest S. 987. A bill to restore safety to In- example, Federal prosecutors prosecute without a warrant for a domestic vio- dian women; to the Committee on In- acts of domestic violence in Indian lence offense when the officer has rea- dian Affairs. Country using the Assault or, unfortu- sonable grounds to believe the person Mr. MCCAIN. Mr. President, today I nately, the Murder statutes in the arrested committed the offense. This am introducing ‘‘The Restoring Safety Major Crimes Act. These statutes re- arrest authority will enable a respond- to Indian Women Act’’ and I look for- quire the prosecutor to prove beyond a ing officer to diffuse the dangerous sit- ward to working with the Committee reasonable doubt that the victim was uation by arresting the perpetrator. on the Judiciary to ensure that the disfigured, suffered a serious risk of This will go a long way toward improv- provisions of this bill are given consid- death or was killed before these felony ing public safety for both the officer eration, particularly as the reauthor- charges can be filed. Meanwhile, the re- and the domestic violence victim. ization of the Violence Against Women search has shown that perpetrators of Finally, while the national data on Act moves forward. I also wish to domestic violence become increasingly the rates of violence affecting Indian thank Senator BYRON DORGAN for co- more violent over time. Under the ex- women are astounding, we do not know sponsoring this legislation and for his isting statutory scheme, these per- the full extent to which Indian women dedication to addressing the health and petrators may escape felony charges residing in Indian Country are im- welfare needs of Indian tribes. until they seriously injure or kill pacted by domestic violence or the im- This legislation creates a new Fed- someone. pact of domestic violence on Indian eral criminal offense authorizing Fed- This bill would create a new Federal tribes. For example, we know that na- eral prosecutors to charge repeat do- offense aimed at the habitual domestic tionally, domestic violence costs $4.1 mestic violence offenders before they violence offender and allow tribal court billion each year for direct medical and seriously injure or kill someone and to convictions to count for purposes of mental health services and in my own use tribal court convictions for domes- Federal felony prosecution when the State of Arizona, last year, police re- tic violence for that purpose. It author- perpetrator has at least two separate ceived approximately 100,000 domestic izes the creation of tribal criminal his- Federal, State or tribal convictions for violence calls, but we do not know the tory databases to document these con- crimes involving assault, sexual abuse extent to which tribal prevention pro- victions and protection orders for use or a violent felony against a spouse or grams, law enforcement, court or med- by all law enforcement. The bill au- intimate partner. This provision is ical intervention resources are simi- thorizes BIA and tribal officers to similar to many state laws that apply larly impacted. Therefore, this bill make arrests for domestic violence as- a felony penalty to an individual who would require that a comprehensive saults committed outside of their pres- commits multiple offenses. It will em- study be done on the scope of the do- ence and would authorizes a com- power Indian tribal prosecutors and mestic violence problem in Indian prehensive study of domestic violence courts to document domestic violence Country. in Indian Country to determine its im- cases at the local level and give federal I look forward to working with my pact to Indian tribes. prosecutors the ability to intervene in colleagues on the Indian Affairs Com- The 1994 Violence Against Women the cycle of violence by charging re- mittee and the Judiciary Committee to Act has had a tremendous impact on peat offenders before they seriously in- ensure that these statistics become a raising the national awareness of do- jure or kill someone. record of the past. I urge my colleagues mestic violence and providing commu- The bill would also encourage the use to support this important legislation. nities, including Indian tribes, the re- of existing grants authorized by the Vi- I ask unanimous consent that the sources to respond to the devastating olence Against Women Act to create text of the bill be printed in the impact of domestic violence. National tribal criminal history databases for RECORD. There being no objection, the bill was studies show that one in four women use by Indian tribes and tribal, State ordered to be printed in the RECORD, as are victims of domestic violence. Since and Federal law enforcement agencies follows: 1999, the Department of Justice has to document final convictions, stay issued various studies which report away orders and orders of protection S. 987 that Indian women experience the issued by tribal courts. As I understand Be it enacted by the Senate and House of Rep- resentatives of the United States of America in highest rates of domestic violence com- it, no such database exists today. This Congress assembled, pared to all other groups in the United database would be used solely as a law SECTION 1. SHORT TITLE. States. These reports state that one enforcement and court tracking tool. It This Act may be cited as the ‘‘Restoring out of every three Indian women are would enable tribal, State and Federal Safety to Indian Women Act’’. victims of sexual assault; that from law enforcement officers to determine SEC. 2. FINDINGS. 1979 to 1992, homicide was the third whether an individual is a habitual do- Congress finds that— leading cause of death of Indian fe- mestic violence offender and therefore (1) national studies indicate that Indian males between the ages of 15 to 34 and subject to the felony crime described women experience domestic and sexual as- that 75 percent of those deaths were above. It also would enhance the imple- saults at a far greater rate than other groups of women in the national population; committed by a family member or ac- mentation of the criminal provisions (2) there is relatively little data on the quaintance. These are startling statis- that already exist in the Violence rate of domestic violence perpetrated upon tics that require our close examination Against Women Act. Indian women in Indian country or the costs and a better understanding of how to All manner of law enforcement agen- associated with responding to acts of domes- prevent and respond to domestic vio- cies report that responding to domestic tic violence in Indian country; lence in Indian Country. violence disturbances are among the (3) Indian tribes have criminal jurisdiction Domestic violence is a national prob- most dangerous situations that a po- to prosecute Indians who commit violations lem and not one that is unique to In- lice officer faces. Therefore, many of tribal law; States have enacted immediate arrest (4) the Federal Government has jurisdic- dian Country. Yet, due to the unique tion to prosecute specific enumerated crimes status of Indian tribes, there are obsta- or removal policies that enable re- that arise in Indian country under section cles faced by Indian tribal police, Fed- sponding officers to diffuse these dan- 1153 of title 18, United States Code (com- eral investigators, tribal and Federal gerous situations. Currently, the pri- monly known as the Major Crimes Act); prosecutors and courts that impede mary law enforcement authority for (5) the Major Crimes Act does not include their ability to respond to domestic vi- Indian tribes, the BIA police, are only provisions to provide Federal prosecutors the olence in Indian Country. This bill is authorized to make an arrest without a ability to prosecute domestic violence as- intended to remove these obstacles at warrant for an offense committed in saults unless they rise to the level of serious Indian Country if the offense is com- bodily injury or death; all levels and to enhance the ability of (6) national studies conducted by law en- each agency to respond to acts of do- mitted in the presence of the officer or forcement organizations show that domestic mestic violence when they occur. the offense is a felony. This legislation violence disturbance calls are the most dan- The division of criminal jurisdiction would expand the authority of the BIA gerous situations and pose the highest risk between Federal and tribal law en- police, and tribal police agencies that to responding law enforcement officers;

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.070 S10PT1 S4874 CONGRESSIONAL RECORD — SENATE May 10, 2005 (7) the limited arrest authority of the Bu- ‘‘(5) the term ‘State’ has the meaning (2) in paragraph (11), by striking the period reau of Indian Affairs and Indian tribal law given to such term by section 3559(c)(2)G); and inserting ‘‘; and’’; and enforcement agencies impacts the ability of ‘‘(6) the term ‘substantial bodily injury’ (3) by adding at the end the following: law enforcement to properly respond to acts has the meaning given to such term by sec- ‘‘(12) to develop tribal domestic violence of domestic violence; and tion 113(b)(1); and criminal history databases for use by Indian (8) Federal and tribal prosecutors and law ‘‘(7) the term ‘sexual abuse’ has the mean- tribal courts and tribal, State, and Federal enforcement services are hampered in their ing given to such term by section 2242.’’. law enforcement officers engaged in a law efforts to address domestic violence by the SEC. 6. ENHANCED ARREST AUTHORITY. enforcement function’’. lack of available criminal history informa- Section 4 of the Indian Law Enforcement tion for tribal ordinance offenders. Reform Act (25 U.S.C. 2803) is amended— By Mr. LIEBERMAN (for himself SEC. 3. PURPOSES. (1) in paragraph (2)(A), by striking ‘‘, or’’ and Mr. DODD): The purposes of this Act are as follows: and inserting ‘‘; or’’; and S. 990. A bill to provide a grant pro- (1) To obtain data on the rates of domestic (2) in paragraph (3)— gram to support the establishment and violence perpetrated upon Indian women in (A) in subparagraph (A), by striking ‘‘, or’’ operation of Teachers Professional De- Indian country. and inserting a semi-colon; velopment Institutes; to the Com- (B) in subparagraph (B), by adding ‘‘or’’ at (2) To close existing gaps in Federal crimi- mittee on Health, Education, Labor, nal laws to enable Federal, State, and tribal the end; and law enforcement, prosecution agencies, and (C) by adding at the end the following: and Pensions. courts to address incidents of domestic vio- ‘‘(C)(i) the offense is a misdemeanor of- Mr. LIEBERMAN. Mr. President, I lence. fense of domestic violence (as defined in sec- rise today to introduce, along with my (3) To address the public safety concerns tion 117 of title 18, United States Code); and colleague from Connecticut, Mr. DODD, experienced by tribal police officers that ‘‘(ii) the employee has reasonable grounds legislation that will bolster the con- arise in responding to incidents of domestic to believe that the person to be arrested has tent and pedagogical knowledge of our violence. committed, or is committing, the offense;’’. K–12 teacher workforce. This measure (4) To prevent the serious injury or death SEC. 7. CRIMINAL RECORDS DATABASE PILOT PROJECT. provides resources and incentives to of Indian women subject to domestic vio- enlist college and university faculties lence. (a) IN GENERAL.—The Attorney General shall make grants available pursuant to sec- in partnerships with public school dis- SEC. 4. DEFINITIONS. tion 2001(b) of the Omnibus Crime Control tricts throughout the Nation in an ef- In this Act: and Safe Streets Act of 1968 (42 U.S.C. (1) ATTORNEY GENERAL.—The term ‘‘Attor- fort to strengthen public school in- 3796gg(b)) to Indian tribes for the develop- ney General’’ means the Attorney General of struction. ment of tribal criminal history databases to the United States. My proposal will establish, over the document final convictions of tribal domes- next five years, forty new Teacher Pro- (2) SECRETARY.—The term ‘‘Secretary’’ tic violence court adjudications, orders of means the Secretary of the Department of protection, stay away orders, and such other fessional Development Institutes in the Interior. domestic violence criminal history. locales throughout the Nation. Based (3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ (b) REQUIREMENTS.—A database developed on the model which has been operating has the same meaning as in section 4 of the under subsection (a) shall include— at Yale University and the City of New Indian Self-determination and Education As- (1) final convictions by a tribal court sistance Act (25 U.S.C. 450b). Haven for over 25 years, Teacher Pro- order; fessional Development Institutes con- SEC. 5. DOMESTIC VIOLENCE HABITUAL OF- (2) orders of protection that are currently sist of partnerships between one or FENDER. in effect and meet the requirements of sec- Chapter 7 of title 18, United States Code, is tion 2265(b) of title 18, United States Code; more institutions of higher education amended by adding at the end the following: (3) a means to provide tribal, Federal, and and local, economically disadvantaged ‘‘§ 117. Domestic assault by a habitual of- State law enforcement agencies with access public school systems. These Institutes fender to the information in the database; and will strengthen the present teacher ‘‘(a) Any person who commits a domestic (4) safeguards to prevent the dissemination workforce by giving participants an op- assault within the special maritime and ter- of the information contained therein for portunity to gain more sophisticated ritorial jurisdiction of the United States or other than a criminal justice or law enforce- content knowledge and instructional Indian country and who has a final convic- ment purpose. skills, and will provide them a chance tion on at least two separate prior occasions SEC. 8. STUDY OF DOMESTIC VIOLENCE IN IN- DIAN COUNTRY. to develop—in conjunction with their in Federal, State, or Indian tribal court pro- Institute colleagues—practical cur- ceedings for offenses that would be, if subject (a) IN GENERAL.—The Attorney General, in to Federal jurisdiction— consultation with the Secretary, the Direc- riculum units that they can implement ‘‘(1) any assault, sexual abuse, or serious tor of the Indian Health Service, and Indian in their classrooms and share with violent felony against a spouse or intimate tribes, shall conduct a study on the incidents their schools and districts. partner; or of domestic violence in Indian country. Since 1978, the Yale-New Haven Insti- (b) CONTENTS.—The study conducted under ‘‘(2) an offense under chapter 110A, subsection (a) shall— tute has offered five to seven thirteen- shall be fined under this title, imprisoned for (1) determine the extent of domestic vio- session seminars each year, led by Yale a term of not more than 5 years, or both, ex- lence in Indian country and its causes; and faculty, on topics that teachers have cept that if substantial bodily injury results (2) identify obstacles to— selected to enhance their teaching from a violation under this section, the of- (A) the prevention of incidents of domestic mastery. To begin the process, teacher fender shall be imprisoned for a term of not violence; representatives from the Institute so- more than 10 years. (B) the appropriate response to incidents of ‘‘(b) For purposes of this section— licit teachers throughout the school domestic violence; district for ideas on how to help meet ‘‘(1) the term ‘domestic assault’ means an (C) adequate treatment for victims of do- assault committed by a current or former mestic violence; and their perceived needs—for example, im- spouse, parent, child, or guardian of the vic- (D) criminal prosecution of domestic vio- proving content area knowledge, pre- tim, by a person with whom the victim lence offenders. paring instructional materials, man- shares a child in common, by a person who is (c) REPORT .—Not later than 1 year after aging the classroom, or addressing ac- cohabitating with or has cohabitated with the date of enactment of this Act, the Attor- countability standards. As a consensus the victim as a spouse, parent, child, or ney General shall transmit to Congress a re- emerges regarding seminar content, guardian, or by a person similarly situated port regarding the study conducted under the Institute director identifies and en- to a spouse, parent, child, or guardian of the this section. This report shall include rec- victim; ommendations, including legislative rec- lists university faculty members with ‘‘(2) the term ‘final conviction’ means the ommendations, to address domestic violence the appropriate expertise, interest, and final judgment on a verdict of finding of in Indian country. desire to lead the seminar. Because the guilty, a plea of guilty, or a plea of nolo (d) AUTHORIZATION OF APPROPRIATIONS.— topics are ultimately determined by contendere, but does not include a final judg- There are authorized to be appropriated such the teachers who participate, seminars ment which has been expunged by pardon, re- sums as are necessary to carry out this sec- offer content which teachers believe is versed, set aside, or otherwise rendered void; tion. pertinent, valuable, and practical for ‘‘(3) the term ‘order of protection’ has the SEC. 9. CONFORMING AMENDMENTS. meaning given to such term by section Section 2001(b) of the Omnibus Crime Con- both themselves and their students. 2265(b); trol and Safe Streets Act of 1968 (42 U.S.C. It is, in fact, the cooperative and ‘‘(4) the term ‘serious violent felony’ has 3796gg(b)) is amended— emergent nature of the Institute sem- the meaning given to such term by section (1) in paragraph (10), by striking ‘‘and’’ inar planning process that ensures its 3559(c)(2)(F); after the semicolon; success—rigorous topical instruction

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.072 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4875 and relevant materials are provided No Child Left Behind Act requires a ‘‘(4) The Teachers Institute Model has a based on participants’ self-identified ‘‘highly qualified’’ teacher to be in proven record, as demonstrated by the suc- needs. Granted the opportunity to ex- every classroom by the end of the 2005– cess of a 3-year national demonstration pilot amine and act on their own skills and project (referred to in this part as the ‘Na- 2006 academic year. Effective teacher tional Demonstration Project’) in several knowledge, teachers gain a sense of professional development programs United States cities. self-sufficiency, and are more enthusi- that focus on content area and peda- ‘‘(b) PURPOSE.—The purpose of this part is astic about their participation. Teach- gogical knowledge are proven means of to provide Federal assistance to support the ers gain further confidence as they enhancing the success of classroom establishment and operation of Teachers practice using the materials they ob- teachers and helping to meet the Professional Development Institutes for tain and develop among their peers, en- ‘‘highly qualified’’ criteria. Yet, a 2003 local educational agencies that serve significant low-income populations in States suring that the experience not only in- Government Accountability Office Re- throughout the Nation— creases their subject-matter pro- port on Teacher Quality found that ‘‘(1) to improve student learning; and ficiency, but also provides immediate many state and local school districts ‘‘(2) to enhance the quality of teaching by hands-on active learning materials view shortcomings in their current pro- strengthening the subject matter mastery that can be transferred to the class- fessional development practices as a and pedagogical skills of current teachers room. In short, by allowing teachers to significant barrier to meeting this re- through continuing teacher preparation. determine the seminar subjects and quirement. These local agencies are ‘‘SEC. 243. DEFINITIONS. ‘‘In this part: providing them the resources to de- looking for innovative, research-proven velop curricula relevant to their class- ‘‘(1) POVERTY LINE.—The term ‘poverty alternatives to their current programs, line’ means the poverty line (as defined by room and their students, the Institutes and this is precisely what Teacher Pro- the Office of Management and Budget, and empower teachers. Teachers are the fessional Development Institutes will revised annually in accordance with section front line—they are the interface be- provide. 673(2) of the Community Services Block tween the educational system and the Nationwide, projects developed to Grant Act) applicable to a family of the size students it aspires to shape and in- conform to the Yale-New Haven Insti- involved. ‘‘(2) SIGNIFICANT LOW-INCOME POPULATION.— form—and they know what should be tute model have proven to be success- done to improve their schools and in- The term ‘significant low-income popu- ful in providing innovative teacher pro- lation’ means a student population of which crease student achievement. The fessional development. Virtually all not less than 25 percent are from families Teacher Professional Development In- teacher participants felt substantially with incomes below the poverty line. stitutes promote this philosophy. strengthened in their mastery of con- ‘‘(3) STATE.—The term ‘State’ means each From 1999–2002, the Yale-New Haven tent knowledge and their teaching of the several States of the United States, Teachers Institute conducted a Na- skills. My proposal would open this op- the District of Columbia, and the Common- tional Demonstration Project to create portunity to many more urban teach- wealth of Puerto Rico. ‘‘(4) TEACHERS PROFESSIONAL DEVELOPMENT comparable Institutes at four diverse ers and would provide high quality pro- sites with large concentrations of dis- INSTITUTE.—The term ‘Teachers Professional fessional development to educators and Development Institute’ means a partnership advantaged students. These demonstra- policy makers throughout the Nation. or joint venture between or among 1 or more tion projects were located in Pitts- In this way, we can set high standards institutions of higher education, and 1 or burgh, PA; Houston, TX; Albuquerque, for effective teacher professional devel- more local educational agencies serving a NM; and Santa Ana, CA. Based on the opment as we have done for student significant low-income population, which success of that Project, the Institute achievement outcomes. partnership or joint venture— ‘‘(A) is entered into for the purpose of im- has launched the Yale National Initia- I ask unanimous consent that the tive—a long-term endeavor to establish proving the quality of teaching and learning text of the Teachers Professional De- through collaborative seminars designed to exemplary Teachers Institutes in velopment Institutes Act be printed in enhance both the subject matter and the states throughout the nation, just as the RECORD. pedagogical resources of the seminar partici- the legislation I have introduced would There being no objection, the bill was pants; and do. ordered to be printed in the RECORD, as ‘‘(B) works in collaboration to determine Follow-up evaluations have garnered follows: the direction and content of the collabo- encouraging reactions from teachers rative seminars. S. 990 who have participated both in the ‘‘SEC. 244. GRANT AUTHORITY. Yale-New Haven Institute and in the Be it enacted by the Senate and House of Rep- ‘‘(a) IN GENERAL.—The Secretary is author- resentatives of the United States of America in demonstration Institutes. These data ized— Congress assembled, ‘‘(1) to award grants to Teachers Profes- strongly support the conclusions that SECTION 1. TEACHERS PROFESSIONAL DEVELOP- sional Development Institutes to encourage virtually all teachers felt substantially MENT INSTITUTES. the establishment and operation of Teachers strengthened in their mastery of con- Title II of the Higher Education Act of 1965 Professional Development Institutes; and tent knowledge and that they devel- (20 U.S.C. 1021 et seq.) is amended by adding ‘‘(2) to provide technical assistance, either oped increased expectations for stu- at the end the following: directly or through existing Teachers Profes- dents’ achievement. Further, because ‘‘PART C—TEACHERS PROFESSIONAL sional Development Institutes, to assist of their personal involvement in the DEVELOPMENT INSTITUTES local educational agencies and institutions of higher education in preparing to establish course selection and curriculum devel- ‘‘SEC. 241. SHORT TITLE. and in operating Teachers Professional De- opment process, teacher participants ‘‘This part may be cited as the ‘Teachers velopment Institutes. have found these seminars to be espe- Professional Development Institutes Act’. ‘‘(b) SELECTION CRITERIA.—In selecting a cially relevant and useful in their ‘‘SEC. 242. FINDINGS AND PURPOSE. Teachers Professional Development Institute classroom practices—in fact, ninety- ‘‘(a) FINDINGS.—Congress makes the fol- for a grant under this part, the Secretary five percent of all participating teach- lowing findings: shall consider— ers reported them to be beneficial. Fi- ‘‘(1) Ongoing, subject-specific teacher pro- ‘‘(1) the extent to which the proposed nally, study results have found that fessional development is essential to im- Teachers Professional Development Institute proved student learning. will serve a community with a significant these Institutes foster teacher leader- ‘‘(2) The No Child Left Behind Act of 2001 low-income population; ship, develop supportive teacher net- calls for a highly qualified teacher in every ‘‘(2) the extent to which the proposed works, heighten university faculty core-subject classroom; attaining this goal Teachers Professional Development Institute commitments to improving K–12 public will require innovative and effective ap- will follow the Understandings and Nec- education, and create more positive proaches to improving the quality of teach- essary Procedures that have been developed partnerships between school districts ing. following the National Demonstration and institutions of higher education— ‘‘(3) The Teachers Institute Model is an in- Project; something I believe is essential to im- novative and proven approach that encour- ‘‘(3) the extent to which the local edu- ages collaboration between urban school cational agency participating in the pro- proving students’ readiness for college. teachers and university faculty. The model posed Teachers Professional Development In- Several studies assert that teacher focuses on teachers’ continuing academic stitute has a high percentage of teachers quality is the single most important preparation and on the personal and collabo- who are unprepared or under prepared to school-related factor in determining rative application of their studies in their teach the core academic subjects the teach- student achievement. Accordingly, the classrooms, schools, and districts. ers are assigned to teach; and

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.082 S10PT1 S4876 CONGRESSIONAL RECORD — SENATE May 10, 2005 ‘‘(4) the extent to which the proposed ‘‘(1) meets the requirement of this part and mittee on Health, Education, Labor, Teachers Professional Development Institute any regulations under this part; and Pensions. will receive a level of support from the com- ‘‘(2) includes a description of how the Mr. KENNEDY. Mr. President, the munity and other sources that will ensure Teachers Professional Development Institute Pension Fairness and Full Disclosure the requisite long-term commitment for the intends to use funds provided under the success of a Teachers Professional Develop- grant; Act we are introducing today is ur- ment Institute. ‘‘(3) includes such information as the Sec- gently needed to end the nightmare ‘‘(c) CONSULTATION.— retary may require to apply the criteria de- that the current pension system is be- ‘‘(1) IN GENERAL.—In evaluating applica- scribed in section 244(b); coming for millions of families across tions under subsection (b), the Secretary ‘‘(4) includes measurable objectives for the the Nation. may request the advice and assistance of ex- use of the funds provided under the grant; Thousands of flight attendants and isting Teachers Professional Development and machinists from United Airlines have Institutes. ‘‘(5) contains such other information and suffered heavily in pay and job security ‘‘(2) STATE AGENCIES.—If the Secretary re- assurances as the Secretary may require. in recent years, and now they’re losing ceives 2 or more applications for new Teach- ‘‘(b) APPROVAL.—The Secretary shall— ers Professional Development Institutes that ‘‘(1) promptly evaluate an application re- their pensions, too. Yet corporate propose serving the same State, the Sec- ceived for a grant under this part; and CEO’s are still receiving bonuses worth retary shall consult with the State edu- ‘‘(2) notify the applicant within 90 days of millions of dollars a year. cational agency regarding the applications. the receipt of a completed application of the This nightmare is happening to ‘‘(d) FISCAL AGENT.—For the purpose of Secretary’s approval or disapproval of the workers all across America. Companies this part, an institution of higher education application. are cutting employees’ pensions by ‘‘(c) AGREEMENT.—Upon approval of an ap- participating in a Teachers Professional De- switching to cash balance plans, or velopment Institute shall serve as the fiscal plication, the Secretary and the Teachers agent for the receipt of grant funds under Professional Development Institute shall even going into bankruptcy. But execu- this part. enter into a comprehensive agreement cov- tive retirement is still going through ‘‘(e) LIMITATIONS.—A grant under this ering the entire period of the grant. the roof. A recent report found over 20 part— ‘‘SEC. 247. REPORTS AND EVALUATIONS. percent of America’s top 500 largest ‘‘(1) shall be awarded for a period not to ex- ‘‘(a) REPORT.—Each Teachers Professional companies have promised pensions ceed 5 years; and Development Institute receiving a grant worth more than $1 million a year for ‘‘(2) shall not exceed 50 percent of the total under this part shall report annually on the their CEOs. costs of the eligible activities, as determined progress of the Teachers Professional Devel- President Bush has said that what is by the Secretary. opment Institute in achieving the purpose of this part and the purposes of the grant. good for the top floor is good for the ‘‘SEC. 245. ELIGIBLE ACTIVITIES. shop floor. It’s wrong for it to be busi- ‘‘(a) IN GENERAL.—A Teachers Professional ‘‘(b) EVALUATION AND DISSEMINATION.— Development Institute that receives a grant ‘‘(1) EVALUATION.—The Secretary shall ness as usual on the top floor when so under this part may use the grant funds— evaluate the activities funded under this much pain is spreading on the shop ‘‘(1) for the planning and development of part and submit an annual report regarding floor. applications for the establishment of Teach- the activities to the Committee on Health, Polaroid in Massachusetts filed for ers Professional Development Institutes; Education, Labor, and Pensions of the Sen- bankruptcy in 2001 and terminated its ‘‘(2) to provide assistance to existing ate and the Committee on Education and the pension plan in 2002. Its pension plan Workforce of the House of Representatives. Teachers Professional Development Insti- was underfunded by over $300 million ‘‘(2) DISSEMINATION.—The Secretary shall tutes established during the National Dem- dollars. Thousands of retirees had their onstration Project to enable the Teachers broadly disseminate successful practices de- Professional Development Institutes— veloped by Teachers Professional Develop- benefits cut when the Pension Benefit ‘‘(A) to further develop existing Teachers ment Institutes. Guaranty Corporation took over. Yet Professional Development Institutes; or ‘‘(c) REVOCATION.—If the Secretary deter- the principal executives of the com- ‘‘(B) to support the planning and develop- mines that a Teachers Professional Develop- pany received millions of dollars in bo- ment of applications for new Teachers Pro- ment Institute is not making substantial nuses. Last week, the company was fessional Development Institutes; progress in achieving the purpose of this part sold again, and the chairman and CEO and the purposes of the grant by the end of ‘‘(3) for the salary and necessary expenses received golden parachutes of nearly of a full-time director to plan and manage the second year of the grant under this part, the Secretary may take appropriate action, $10 million each. such Teachers Professional Development In- The bill we are introducing will end stitute and to act as liaison between the par- including revocation of further payments ticipating local educational agency and in- under the grant, to ensure that the funds that injustice. It prohibits companies stitution of higher education; available under this part are used in the from lining executives’ pockets and ig- ‘‘(4) to provide suitable office space, staff, most effective manner. noring commitments to rank-and-file equipment, and supplies, and to pay other ‘‘SEC. 248. AUTHORIZATION OF APPROPRIATIONS. workers. It will require companies to operating expenses for the development and ‘‘There are authorized to be appropriated inform employees about executive maintenance of Teachers Professional Devel- to carry out this part— compensation. opment Institutes; ‘‘(1) $4,000,000 for fiscal year 2006; ‘‘(2) $5,000,000 for fiscal year 2007; These changes are long overdue. It’s ‘‘(5) to provide stipends for teachers par- an issue of basic fairness, and only ticipating in collaborative seminars in the ‘‘(3) $6,000,000 for fiscal year 2008; sciences and humanities, and to provide re- ‘‘(4) $7,000,000 for fiscal year 2009; and Congress can solve this. muneration for those members of the higher ‘‘(5) $8,000,000 for fiscal year 2010.’’. education faculty who lead the seminars; and By Mr. HARKIN: ‘‘(6) to provide for the dissemination By Mr. KENNEDY (for himself, S. 992. A bill to amend the Tariff Act through print and electronic means of cur- Mr. DURBIN, Mr. HARKIN, and of 1930 to eliminate the consumptive riculum units prepared in conjunction with Mr. AKAKA): demand exception relating to the im- Teachers Professional Development Insti- S. 991. A bill to amend title I of the portation of goods made with forced tutes seminars. Employee Retirement Income Security labor; to the Committee on Finance. ‘‘(b) TECHNICAL ASSISTANCE.—The Sec- Act of 1974 to limit the availability of Mr. HARKIN. Mr. President, today, I retary may use not more than 50 percent of benefits under an employer’s non- am proposing to strike the consump- the funds appropriated to carry out this part to provide technical assistance to facilitate qualified deferred compensation plans tive demand clause from Section 307 of the establishment and operation of Teachers in the event that any of the employer’s the Tariff Act of 1930 (19 U.S.C. 1307). Professional Development Institutes. For the defined benefit pension plans are sub- Section 307 prohibits the importation purpose of this subsection, the Secretary jected to a distress or PBGC termi- of any product or good produced with may contract with existing Teachers Profes- nation in connection with bankruptcy forced or indentured labor including sional Development Institutes to provide all reorganization or a conversion to a forced or indentured child labor. or a part of the technical assistance under cash balance plan, to provide appro- The consumptive demand clause cre- this subsection. priate funding restrictions in connec- ates an exception to this prohibition. ‘‘SEC. 246. APPLICATION, APPROVAL, AND AGREE- tion with the maintenance of non- Under the exception, if a product is not MENT. ‘‘(a) IN GENERAL.—To receive a grant under qualified deferred compensation plans, made in the United States, and there is this part, a Teachers Professional Develop- and to provide for appropriate disclo- a demand for it, then a product made ment Institute shall submit an application sure with respect to nonqualified de- with forced or indentured child labor to the Secretary that— ferred compensation plans; to the Com- may be imported into this country.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.068 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4877 Let us be clear: forced or indentured Mr. GRASSLEY. Mr. President, the Mr. LEAHY, Mr. BROWNBACK, Mr. labor means work which is extracted bill imposes an excise tax, equal to 100 OBAMA, Ms. MURKOWSKI, and from any person under the menace of percent of the acquisition costs, on the Mr. ALEXANDER): penalty for nonperformance and for taxable acquisition of any interest in S.J. Res. 18. A joint resolution ap- which the worker does not offer him- an applicable insurance contract. An proving the renewal of import restric- self voluntarily. Let us be really clear: applicable insurance contract is any tions contained in the Burmese Free- this means slave labor. In the case of life insurance, annuity or endowment dom and Democracy Act of 2003; to the children, it means child slavery. contract in which both an applicable Committee on Finance. Some examples of goods that are exempt organization and any person Mr. MCCONNELL. Mr. President, made with child slave labor include that is not an applicable exempt orga- along with my colleagues from Cali- cocoa beans, hand-knotted carpets, nization have, directly or indirectly, fornia, Arizona, Vermont, Kansas and beedis, which are small Indian ciga- held an interest in the contract Illinois, I come to the floor to intro- rettes, soccer balls and cotton. (whether or not the interests are held duce legislation to renew sanctions Throughout my Senate career, I have at the same time). against the illegitimate and repressive worked to reduce the use of forced An applicable exempt organization State Peace and Development Council child labor worldwide. generally includes an organization that (SPDC) in Burma. In 2003, my staff was invited by Cus- is exempt from Federal income tax by I do not intend today to recount the toms to meet with field agents on Sec- reason of being described in section litany of abuses committed by the tion 307 to discuss what appropriations 501(c)(3) (including one organized out- military junta in Rangoon against the were needed to enforce the statute. At side the United States), a government Burmese people and their neighbors the meeting, the field agents reported or political subdivision of a govern- given the extensive documentation of that the consumptive demand clause ment, and an Indian tribal government. these violations by credible sources, in- was an obstacle to their ability to en- The bill provides that an interest in cluding the U.S. Department of State, force the law that is supposed to pre- an applicable insurance contract in- the United Nations and numerous nongovernmental organizations, my col- vent goods made with slave labor from cludes any right with respect to the leagues are undoubtedly familiar with being imported into the United States. contract, whether as an owner, bene- many of the SPDC’s heinous crimes— The consumptive demand clause is ficiary, or otherwise. An indirect inter- from the production and trafficking of outdated. Since this exception was en- est in a contract includes an interest in illicit drugs, to the use of rape as a acted in the 1930s, the U.S. has taken an entity that, directly or indirectly, weapon of war against ethnic minority numerous steps to stop the scourge of holds an interest in the contract. Exceptions apply under the bill. An women and girls and the forced con- child slave labor. Most notably, the exception is provided if each person scription of children into military United States has ratified Inter- (other than the exempt organization) service. national Labor Organization’s Conven- with an interest in the contract has an Instead, I urge my colleagues to act tion 182 to Prohibit the Worst forms of insurable interest in the insured person quickly—as we have in the past—in Child Labor. Currently, 152 other coun- independent of any interest of the ex- considering and passing the renewal of tries have also ratified this ILO Con- empt organization. Another exception sanctions, which include an import ban vention. is provided if each person, other than on Burmese goods and visa restrictions Retaining the consumptive clause an exempt organization, has an inter- on officials from the SPDC and affili- contradicts our international commit- est solely as a named beneficiary. An ated organizations. ments to eliminate abusive child labor. exception is also provided for a person, We must act quickly as the SPDC Maintaining the consumptive demand other than the exempt organization, poses an immediate danger to the en- clause says to the world that the with an interest as a trust beneficiary, tire region, whether through the traf- United States justifies the use of slave if the beneficiary designation is purely ficking of illicit drugs, the unchecked labor, if US consumers need an item gratuitous, or with an interest as a spread of HIV/AIDS, or the forced not produced in this country. There trustee who holds in a fiduciary capac- movement of people who seek refuge should be no exception to a funda- ity for an applicable exempt organiza- and safety in neighboring countries. mental stand against the use of slave tion or another permitted beneficiary. There is no more definitive expres- labor. it is my hope that Congress will The bill provides reporting rules re- sion of support for democracy and act. quiring an applicable exempt organiza- human rights—for solidarity with I ask unanimous consent that the tion or other person that makes a tax- those struggling for freedom—than an text of the bill be printed in the able acquisition of an applicable insur- import ban. As Archbishop Desmond RECORD. ance contract to file a return showing Tutu has eloquently pointed out on There being no objection, the bill was required information. A statement is several occasions, sanctions worked in ordered to be printed in the RECORD, as required to be furnished to each person South Africa, and they can work in follows: whose taxpayer identification informa- Burma, too. S. 992 tion is required to be reported on the We must act resolutely as the junta Be it enacted by the Senate and House of Rep- return. Penalties apply for failure to continues to imprison those who non- resentatives of the United States of America in file the return or furnish the state- violently struggle for freedom and jus- Congress assembled, ment, including, in the case of inten- tice, including Nobel laureate and Bur- SECTION 1. GOODS MADE WITH FORCED OR IN- tional disregard of the return filing re- mese democracy leader Daw Aung San DENTURED LABOR. quirement, a penalty equal to the Suu Kyi. Burma has a rising prisoner (a) IN GENERAL.—The second sentence of amount of the excise tax that has not of conscience population, with over section 307 of the Tariff Act of 1930 (19 U.S.C. been paid with respect to the items re- 1,300 political prisoners. I renew my 1307) is amended by striking ‘‘; but in no quired to be included on the return. call that Suu Kyi and other prisoners case’’ and all that follows to the end period. of conscience be immediately and un- (b) EFFECTIVE DATE.—The amendment The bill is effective for contracts made by this section applies to goods en- issued after May 3, 2005. The bill re- conditionally released. tered, or withdrawn from warehouse for con- quires reporting of existing life insur- Just last month, the European Union sumption, on or after the date that is 15 days ance, endowment and annuity con- renewed sanctions against the SPDC after the date of enactment of this Act. tracts issued on or before that date, in that restrict members of the junta and which an applicable exempt organiza- their families from entering the EU, By Mr. GRASSLEY (for himself tion holds an interest and which would and bans EU companies from doing and Mr. BAUCUS): be treated as an applicable insurance business in Burma. While I applaud S. 993. A bill to amend the Internal contract under the bill. This reporting this action, I call upon the EU and Revenue Code of 1986 to impose an ex- is required within one year after the other multilateral organizations, in- cise tax on amounts received under cer- date of enactment. cluding the United Nations, to do more tain insurance policies in which certain in support of freedom in Burma. exempt organizations hold an interest; By Mr. MCCONNELL (for himself, Specifically, the EU, along with the to the Committee on Finance. Mrs. FEINSTEIN, Mr. MCCAIN, United States, should not participate

VerDate Aug 04 2004 04:26 May 11, 2005 Jkt 039060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.069 S10PT1 S4878 CONGRESSIONAL RECORD — SENATE May 10, 2005 in any Association of Southeast Asian The military junta’s ‘‘road map’’ to Act. I am proud to join along with Sen- Nations (ASEAN) related meetings democracy and national convention to ators LEAHY, BROWNBACK, and OBAMA should the SPDC assume chairmanship draft a new constitution has produced as sponsors of this resolution. of that Association next year. It is no timetable for restoring democracy As we take action to renew this legis- worth noting that some ASEAN mem- and shut out the participation of Suu lation, the situation inside Burma ber states are now publicly discussing Kyi and the NLD, the legitimate win- grows ever dimmer. The military junta the junta’s possible leadership with ners of the 1990 elections. in that country controls the population growing concern. This increased atten- The United Nations Commission on through a campaign of violence and tion—and a growing chorus for polit- Human Rights passed a resolution last terror, and the lack of freedom and jus- ical reform in Burma in the region by month highlighting continued human tice there is simply appalling. The Bur- likeminded lawmakers—is also appre- rights abuses by Rangoon including mese regime has murdered political op- ciated. ‘‘extrajudicial killings,’’ rape, torture, ponents, used child soldiers and forced Finally, while I welcome UN Sec- sex trafficking and forced labor. labor, and employed rape as a weapon retary-General Kofi Annan’s personal And let us not forget that Congress of war. Political activists remain im- comments in support of freedom in passed the original ‘‘Burmese Freedom prisoned, including elected members of Burma, the time for talk is over. The and Democracy Act of 2003’’ in response parliament, and Aung San Suu Kyi re- UN must act on Burma—in New York. to a brutal coordinated assault by mains a captive. It is past time for the UN to discuss progovernment paramilitary thugs on Aung San Suu Kyi’s courageous and and debate the myriad threats Burma Suu Kyi and other members of the steadfastness in the face of tyranny in- poses to the region. What are they NLD. Is anyone surprised that no one spires me and, I believe, every indi- waiting for? has been brought to justice for these vidual who holds democracy dear. Be- The people of Burma must know that crimes? cause she stands for freedom, this he- they have no better friends in this body The generals who run the country roic woman has endured attacks, ar- than Senators FEINSTEIN, MCCAIN, have shown a remarkable ability to ig- rest, captivity, and untold sufferings at LEAHY, BROWNBACK and OBAMA. There nore the demands of their own people the hands of the regime. Burma’s rul- is an unofficial Burma Caucus in the and the international community. The ers fear Aung San Suu Kyi because of Senate, and I am proud to stand shoul- simple truth is that as long as the what she represents—peace, freedom der-to-shoulder with my dedicated col- SPDC remains in power the democratic and justice for all Burmese people. The leagues on this issue. hopes and aspirations of the Burmese thugs who run the country have tried To them—and to Suu Kyi and all who people will continue to be denied. to stifle her voice, but they will never nonviolently struggle for freedom in Now is not the time to let the sanc- extinguish her moral courage. Her Burma—I say ‘‘we will prevail.’’ tions expire and try to ‘‘engage’’ the leadership and example shine brightly I ask unanimous consent that the military junta. for the millions of Burmese who hunger text of the joint resolution be printed Doing so without any meaningful for freedom and for those of us outside in the RECORD. steps toward democracy taken by Ran- Burma who seek justice for its people. There being no objection, the joint goon would only serve to bolster the The work of Aung San Suu Kyi and resolution was ordered to be printed in regime’s campaign against democratic the members of the National League the RECORD, as follows: government, the rule of law, and basic for Democracy must be the world’s S.J. RES. 18 human rights. work. We must continue to press the Resolved by the Senate and House of Rep- I point out that the democratic junta until it is willing to negotiate an resentatives of the United States of America in movement in Burma continues to sup- irreversible transition to democratic Congress assembled, That Congress approves port sanctions against the SPDC. We rule. The Burmese people deserve no the renewal of the import restrictions con- must give them more time to effect less. And I see encouraging signs that tained in section 3(a)(1) of the Burmese Free- change in Burma. the world is no longer content to sit on dom and Democracy Act of 2003. Let us not fall into the trap of think- the sidelines. Mrs. FEINSTEIN. Mr. President, I ing true representative democracy can- The U.S. Congress has been in the rise today in support of a resolution in- not come to Burma and the Burmese forefront, and we stepped up our pres- troduced by myself, Senator MCCON- people. I agree with Deputy Secretary sure significantly in 2003 with the Bur- NELL, Senator LEAHY, Senator MCCAIN, of State Robert Zoellick when he said mese Freedom and Democracy Act. In Senator BROWNBACK, and Senator recently: doing so, we took active steps to pres- OBAMA to renew the sanctions imposed What we see throughout the world, even in sure the military junta, and we sent a on Burma by the Burmese Freedom and places where people don’t expect it, like the signal to the Burmese people that they Democracy Act of 2003. Middle East, is a process of openness and de- are not forgotten—that the American Last year, in response to the failure mocracy. There’s no reason it can’t happen people care about their freedom and by the military junta—the State Peace in Burma as well. will stand up for justice in their coun- and Development Council, SPDC—to As champions of freedom and respect try. take any meaningful steps towards re- for human rights, we must stand in sol- Now the Europeans and the countries storing democracy and releasing Nobel idarity with Suu Kyi, the people of of Southeast Asia are finally stepping Peace Prize winner and National Burma, and the international commu- up their own pressure. While they can League for Democracy, NLD, leader nity in once again calling on the SPDC and should do more, the signs are en- Aung San Suu Kyi, Congress over- to release Suu Kyi, relinquish power, couraging. I have recently seen a re- whelmingly renewed a complete ban on and respect the 1990 elections. Arch- port that 78 Thai senators have spon- all imports from Burma for another bishop Desmond Tutu has rightly said: sored a motion opposing Burma’s year. As long as [Suu Kyi] remains under house chairmanship of ASEAN, scheduled for One year later, it is clear that Ran- arrest, none of us is truly free. next year. Similar moves by govern- goon has once again failed to make In the face of human rights abuses ments of other Southeast Asian na- ‘‘substantial and measurable progress’’ and terror, approximately 300,000 Bur- tions suggest that opposition to Bur- toward putting Burma on a irreversible mese citizens have already defied the ma’s rotation is becoming widespread, path of national reconciliation and de- military junta and signed their names as it should—ASEAN’s credibility mocracy. on a petition calling for true demo- would crumble under Burmese leader- Suu Kyi remains under house arrest. cratic change in Burma. We must back ship. A unified message from all On her 60th birthday on June 19, 2005, their courage. I urge my colleagues to ASEAN countries that Burma’s behav- she will have spent a total of 2,523 days support the resolution. ior is simply unacceptable would make in detention. Mr. MCCain. Mr. President, I would clear to its leaders that they cannot NLD Vice Chairman Tin Oo has also like to thank Senators MCCONNELL and practice repression forever. remained in custody since May 2003. FEINSTEIN for their efforts to renew For our part, I support today the And 1,400 political prisoners are still in again the sanctions contained in the joint resolution that will renew the im- jail. 2003 Burmese Freedom and Democracy port restrictions—sanctions that are

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.078 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4879 supported by the National League for regime and a strengthened visa ban. SUBMITTED RESOLUTIONS Democracy. These restrictions must re- The EU also pledged to join the United main until Burma embarks on a true States in opposing loans to Burma’s re- path of reconciliation—a process that SENATE RESOLUTION 135—CON- gime from the International Monetary GRATULATING THE NATIONAL must include the NLD and Burmese Fund and World Bank. The European ethnic minorities. ASPHALT PAVEMENT ASSOCIA- Parliament passed a resolution calling The picture today in Burma is trag- TION ON ITS 50TH ANNIVERSARY ically clear. So long as a band of thugs ‘‘on the UN Security Council to address AND RECOGNIZING THE CON- rules Burma, its people will never be the situation in Burma as a matter of TRIBUTIONS OF MEMBERS OF free. They will remain mired in pov- urgency.’’ Additionally, 289 members of THE ASSOCIATION TO THE erty and suffering, cut off from the the British parliament tabled a motion UNITED STATES world, with only their indomitable calling on the UN Security Council to Mr. INHOFE (for himself, Mr. BOND, spirit to keep them moving forward. address the situation in Burma. Mr. BAUCUS, and Mr. JEFFORDS) sub- With our action today, we will support After both houses of Congress passed mitted the following resolution; which this spirit. was considered and agreed to: resolutions in October 2004 calling on Mr. BROWNBACK. Mr. President, I S. RES. 135 the UN Security Council to address the rise with several of my colleagues to Whereas in 2005, the National Asphalt speak about the importance of the re- situation in Burma, the parliament of Pavement Association (incorporated on May newal of the Burma sanctions. I also Australia followed suit. The Australian 17, 1955, as the National Bituminous Con- wish to speak candidly about the Bur- motion called on the government to, crete Association) celebrates its 50th anni- mese Military Junta’s continued op- ‘‘support the Burmese National League versary; pression of their people through rape, for Democracy’s call for the UN Secu- Whereas the members of the National As- torture and other severe human rights phalt Pavement Association play a key role rity Council to convene a special ses- in strengthening the economy of the United abuses. sion to consider what further measures States and promoting the mobility of citi- As the world’s only imprisoned Nobel the UN can take to encourage demo- zens of the United States by providing hot- Peace Prize recipient, Aung San Suu cratic reform and respect for human mix asphalt used in the construction of the Kyi continues to inspire the democracy 41,000-mile Interstate Highway System and movement and seek support for their rights in Burma.’’ other highways, streets, roads, parking lots, peaceful cause. It has been reported Support at the United Nations is and airports; that the National League for Democ- growing as well. Burma was one of only Whereas the National Asphalt Pavement Association has focused on continually im- racy has collected more than 300,000 a few countries on which resolutions signatures on a petition calling for proving the quality of asphalt pavement by were passed by the United Nations establishing a quality improvement pro- change in the country. Those who sign Commission on Human Rights. This gram; are actively putting their lives in dan- was led by the European Union with Whereas the National Asphalt Pavement ger by publicly stating that they seek strong support from the United States Association has facilitated technology trans- democratic change and some 1,400 po- fer and advanced new asphalt pavement tech- litical prisoners are locked up for sup- as well as support from Japan. The res- nologies through partnerships, scanning porting human rights and democracy. olution strongly condemned what it tours, publications, and presentations; The human rights abuses in Burma called ‘‘the systematic ongoing viola- Whereas the National Asphalt Pavement continue daily against ethnic minori- tion of human rights’’ in Burma. Association, through members of the Asso- ciation, has fostered and encouraged young ties, political activists and others who There has been unprecedented action people to pursue careers in civil engineering simply suffer as innocent bystanders. A on Burma within ASEAN. Whereas in by establishing the National Asphalt Pave- 2002 Human Rights Watch report found the past ASEAN refused to even comment Association Research and Education that Burma has nearly 70,000 child sol- Foundation to provide scholarships, sponsor diers in its army, more than any other ment on what it deemed Burma’s ‘‘in- educational exhibitions, and fund research of country in the world. Up to 2 million ternal affairs’’, many members of the national significance relating to hot-mix as- people have been forced to flee the organization are now publicly pres- phalt; country as refugees and migrants and suring Burma to step aside as the chair Whereas the National Asphalt Pavement of the association in 2006. Association, through members of the Asso- the burning of villages continues in ciation, endowed the National Center for As- eastern Burma, especially in the Karen The tough approach maintained by phalt Technology, the world’s premier insti- and Karenni states. Last year I drew to the United States towards Burma, in- tution for asphalt research, and continues to your attention a report titled ‘‘Shat- cluding import sanctions and a possible fund the activities of the Center; and tering Silences’’, in which the Karen Whereas the National Asphalt Pavement Women’s Organization carefully inves- boycott of 2006 meetings, is for the first Association will continue to contribute to tigated and recorded the Burmese mili- time encouraging many Asian nations research to ensure that the Interstate High- tary regime’s use of rape as a weapon to rethink whether the Burmese re- way System will be designed and constructed gime should assume the rotating chair- for perpetual use in order to meet the grow- of war against ethnic minority women, ing economic and national security needs of revealing a shockingly brutal and cal- manship. There is widespread belief the United States: Now, therefore, be it lous practice. within the leadership of ASEAN coun- Resolved, That the Senate— For the past two years, I have joined tries that Burma has failed to deliver (1) congratulates the National Asphalt my colleagues in reauthorizing the on its promises to the region. Pavement Association on its 50th anniver- Burmese Freedom and Democracy Act, sary; and which bans mainly textile and garment In all of the above-mentioned in- (2) recognizes and celebrates the achieve- imports from Burma. When I chaired stances, the strong stand of the United ments of the members of the National As- States has influenced countries around phalt Pavement Association for their con- the East Asia and Pacific Sub- tributions to the economic well-being of the committee I held a hearing on this the world. The movement at the EU, citizens of the United States. very subject. In that hearing I spoke UN, and within ASEAN is unprece- f about the importance of a multilateral dented. We must keep up the tough isolation policy. I urge my colleagues pressure by the United States. SENATE CONCURRENT RESOLU- to consider the strides that have been TION 31—TO CORRECT THE EN- I urge my colleagues to reauthorize made in just two years of promoting ROLLMENT OF H.R. 1268 the sanctions as a strong and clear sig- such a policy. Mrs. HUTCHISON submitted the fol- In a major and important move, the nal that the United States will not sup- lowing concurrent resolution; which European Union, in October 2004, fol- port this brutal regime and their con- was considered and agreed to: lowed the lead of the United States and tinued oppression of activists and mi- S. CON. RES. 31 significantly strengthened its sanc- norities. Resolved by the Senate (the House of Rep- tions on Burma, including a ban on in- resentatives concurring), That in the enroll- vestments in enterprises of the ruling ment of H.R. 1268, an Act making emergency

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.077 S10PT1 S4880 CONGRESSIONAL RECORD — SENATE May 10, 2005 supplemental appropriations for the fiscal the amount shown under ‘‘(c) MAJOR making grants to commercial driver training year ending September 30, 2005, and for other CAPITAL INVESTMENT GRANTS.—There schools and programs for the purpose of pro- purposes, the Clerk of the House of Rep- are authorized to be appropriated to viding financial assistance to entry level resentatives is hereby authorized and di- carry out section 5309(i)(2)(A)— drivers of commercial vehicles (as defined in rected to correct section 502 of title V of di- section 31301 of title 49, United States Code). vision B so that clause (ii) of section ‘‘(3). . .’’ to read ‘‘$1,697,663,000 for fiscal year 2008; and . . .’’ (b) FEDERAL SHARE.—The Federal share of 106(d)(2)(B) of the American Competitiveness the cost for which a grant is made under this in the Twenty-first Century Act of 2000 (Pub- f section shall be 80 percent. lic Law 106–313; 8 U.S.C. 1153 note), as amend- (c) FUNDING.—There are authorized to be ed by such section 502, reads as follows: TEXT OF AMENDMENTS appropriated from the Highway Trust Fund ‘‘(ii) MAXIMUM.—The total number of visas Mr. CORZINE (for himself SA 606. (other than the Mass Transit Account) for made available under paragraph (1) from un- and Mr. LAUTENBERG) submitted an the purpose of carrying out this section used visas from the fiscal years 2001 through amendment intended to be proposed by $5,000,000 for each of the fiscal years 2006 2004 may not exceed 50,000.’’. him to the bill H.R. 3, to authorize through 2009. f funds for Federal-aid highways, highway safety programs, and transit pro- AMENDMENTS SUBMITTED AND SA 609. Mr. DEWINE (for himself and PROPOSED grams, and for other purposes; which Mr. DORGAN) submitted an amendment was ordered to lie on the table; as fol- SA 606. Mr. CORZINE (for himself and Mr. intended to be proposed by him to the lows: LAUTENBERG) submitted an amendment in- bill H.R. 3, to authorize funds for Fed- tended to be proposed by him to the bill H.R. After section 1703, insert the following: eral-aid highways, highway safety pro- 3, to authorize funds for Federal-aid high- SEC. 17ll. LETTING OF CONTRACTS. grams, and transit programs, and for ways, highway safety programs, and transit Section 112 of title 23, United States Code, other purposes; which was ordered to is amended by adding at the end the fol- programs, and for other purposes; which was lie on the table; as follows: ordered to lie on the table. lowing: SA 607. Mrs. HUTCHISON (for herself, Mr. ‘‘(g) EFFECT OF SECTION.—Nothing in this At the appropriate place, insert the fol- NELSON of Nebraska, Mr. BURNS, Mr. PRYOR, section prohibits a State from enacting a law lowing: and Mr. SHELBY) submitted an amendment or issuing an order that limits the amount that an individual that is a party to a con- SEC. ll. PRESIDENTIAL COMMISSION ON ALCO- intended to be proposed by her to the bill HOL-IMPAIRED DRIVING. H.R. 3, supra; which was ordered to lie on the tract with a State agency under this section table. may contribute to a political campaign.’’. (a) FINDINGS.—Congress finds that— SA 608. Mr. BURNS submitted an amend- At the end of subtitle G in title I, add the (1) there has been considerable progress ment intended to be proposed by him to the following: over the past 25 years in reducing the num- bill H.R. 3, supra; which was ordered to lie on SEC. 17ll. DUTIES OF THE SECRETARY OF ber and rate of alcohol-related highway fa- the table. TRANSPORTATION. talities; SA 609. Mr. DEWINE (for himself and Mr. Section 5323(h) of title 49, United States (2) the National Highway Traffic Safety DORGAN) submitted an amendment intended Code, is amended— Administration projects that fatalities in al- to be proposed by him to the bill H.R. 3, (1) by redesignating paragraphs (1) and (2) cohol-related crashes declined in 2004 for the supra; which was ordered to lie on the table. as subparagraphs (A) and (B), respectively, second year in a row; SA 610. Mr. FEINGOLD (for himself and and identing appropriately; (3) in spite of this progress, an estimated Mr. LEAHY) submitted an amendment in- (2) by striking ‘‘A grant or loan’’ and in- 16,654 Americans died in 2004, in alcohol-re- tended to be proposed by him to the bill H.R. serting the following: lated crashes; 3, supra; which was ordered to lie on the ‘‘(1) IN GENERAL.—A grant or loan’’; and (4) these fatalities comprise 39 percent of table. (3) by adding at the end the following: the annual total of highway fatalities; SA 611. Mr. ALLEN (for himself and Mr. ‘‘(2) PROCUREMENT REQUIREMENTS.—The en- (5) about 250,000 are injured each year in al- ENSIGN) submitted an amendment intended actment of a law or issuance of an order by cohol-related crashes; to be proposed by him to the bill H.R. 3, a State that limits the amount of money (6) the past 2 years of decreasing alcohol- supra; which was ordered to lie on the table. that may be contributed to a political cam- related fatalities follows a 3-year increase; SA 612. Mr. REID submitted an amendment paign by an individual doing business with a (7) drunk driving is the Nation’s most fre- intended to be proposed by him to the bill grantee shall be considered to be in accord- quently committed violent crime; H.R. 3, supra; which was ordered to lie on the ance with Federal competitive procurement (8) the annual cost of alcohol-related table. requirements.’’. crashes is over $100,000,000,000, including SA 613. Mr. REID submitted an amendment $9,000,000,000 in costs to employers; intended to be proposed by him to the bill SA 607. Mrs. HUTCHISON (for her- (9) a Presidential Commission on Drunk H.R. 3, supra; which was ordered to lie on the self, Mr. NELSON of Nebraska, Mr. Driving in 1982 and 1983 helped to lead to sub- table. BURNS, Mr. PRYOR, and Mr. SHELBY) stantial progress on this issue; and SA 614. Mr. REID submitted an amendment submitted an amendment intended to (10) these facts point to the need to renew intended to be proposed by him to the bill be proposed by her to the bill H.R. 3, to the national commitment to preventing H.R. 3, supra; which was ordered to lie on the these deaths and injuries. table. authorize funds for Federal-aid highways, highway safety programs, and (b) SENSE OF THE SENATE.—It is the sense SA 615. Mr. SCHUMER (for himself, Mr. of the Senate that, in an effort to further KENNEDY, Mrs. CLINTON, and Mr. LEVIN) sub- transit programs, and for other pur- change the culture of alcohol impaired driv- mitted an amendment intended to be proposes; which was ordered to lie on the ing on our Nation’s highways, the President posed by him to the bill H.R. 3, supra; which table; as follows: should consider establishing a Presidential was ordered to lie on the table. Strike section 1609(a) and insert the fol- Commission on Alcohol-Impaired Driving— SA 616. Mrs. CLINTON (for herself, Mr. lowing: (1) comprised of— SCHUMER, Mr. CRAIG, and Mr. CRAPO) sub- (a) INTERSTATE SYSTEM RECONSTRUCTION (A) representatives of State and local gov- mitted an amendment intended to be pro- AND REHABILITATION PILOT PROGRAM.—Sec- ernments, including state legislators; posed to amendment SA 605 proposed by Mr. tion 1216(b) of the Transportation Equity Act (B) law enforcement; INHOFE to the bill H.R. 3, supra; which was for the 21st Century (23 U.S.C. 129 note; 112 (C) traffic safety experts, including re- ordered to lie on the table. Stat. 212) is repealed. searchers; SA 617. Mrs. HUTCHISON (for herself, Mr. (D) victims of alcohol-related crashes; NELSON, of Nebraska, Mr. BURNS, Mr. SHEL- SA 608. Mr. BURNS submitted an (E) affected industries, including the alco- BY, Mr. PRYOR, and Mr. GRAHAM) proposed an hol, insurance, and auto industries; amendment to amendment SA 605 proposed amendment intended to be proposed by (F) the business community; by Mr. INHOFE to the bill H.R. 3, supra. him to the bill H.R. 3, to authorize (G) labor; SA 618. Mr. HARKIN (for himself, Mr. KEN- funds for Federal-aid highways, high- (H) the medical community; NEDY, Mr. OBAMA, and Mr. CARPER) sub- way safety programs, and transit pro- (I) public health; and mitted an amendment intended to be programs, and for other purposes; which (J) Members of Congress; and posed by him to the bill H.R. 3, supra; which was ordered to lie on the table; as fol- (2) that not later than September 30, 2006, was ordered to lie on the table. lows: would— f At the appropriate place, insert the fol- (A) conduct a full examination of alcohol- TEXT OF AMENDMENTS— lowing: impaired driving issues; and (CORRECTION) SEC. ll. GRANT PROGRAM FOR COMMERCIAL (B) make recommendations for a broad DRIVER TRAINING. range of policy and program changes that SA 605. On page S4748 of the RECORD (a) ESTABLISHMENT.—The Secretary of would serve to further reduce the level of of May 9, 2005, Vol. 151, No. 59, correct Transportation shall establish a program for deaths and injuries caused by drunk driving.

VerDate Aug 04 2004 04:34 May 11, 2005 Jkt 039060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.081 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4881 SA 610. Mr. FEINGOLD (for himself State safety belt use rate for the imme- ‘‘(1) a passenger car; and Mr. LEAHY) submitted an amend- diately preceding calendar year of 85 percent ‘‘(2) a pickup truck; or ment intended to be proposed by him or more, as measured by the National Center ‘‘(3) a van, minivan, or sport utility vehi- to the bill H.R. 3, to authorize funds for for Statistics and Analysis. cle, with a gross vehicle weight rating of less ‘‘(2) AMOUNT.—The amount of a grant than 10,000 pounds.’’. Federal-aid highways, highway safety available to a State in fiscal year 2006 or in programs, and transit programs, and a subsequent fiscal year under paragraph (1) SA 612. Mr. REID submitted an for other purposes; which was ordered of this subsection is equal to 500 percent of amendment intended to be proposed by to lie on the table; as follows: the amount apportioned to the State for fis- him to the bill H.R. 3, to authorize In section 179(a) of title 23, United States cal year 2003 under section 402(c). funds for Federal-aid highways, high- Code (as added by section 7139(a)), insert ‘‘(3) SHORTFALL.—If the total amount of way safety programs, and transit pro- grants provided for by this subsection for a ‘‘previously verified as accurate’’ after grams, and for other purposes; which ‘‘other information’’. fiscal year exceeds the amount of funds In section 179(a) of title 23, United States available for such grants for that fiscal year, was ordered to lie on the table; as fol- Code (as added by section 7139(a)), strike then the Secretary shall make grants under lows: ‘‘with a system using scoring models and al- this subsection to States in the order in At the end of subtitle H of title I, add the gorithms’’. which the State’s safety belt use rate was 85 following: In section 179(d)(1) of title 23, United percent or more for 2 consecutive calendar SEC. 18ll. DESIGNATION OF HIGH DESERT COR- States Code (as added by section 7139(a)), years, as measured by the National Center RIDOR AS HIGH PRIORITY COR- strike ‘‘use multiple sources’’ and insert ‘‘en- for Statistics and Analysis. RIDOR. sure accurate sources’’. ‘‘(4) CATCH-UP GRANTS.—The Secretary Section 1105(c) of the Intermodal Surface In section 179(d)(3) of title 23, United shall award a grant to any State eligible for Transportation Efficiency Act of 1991 (105 States Code (as added by section 7139(a)), a grant under this subsection that did not re- Stat. 2032) is amended by adding at the end strike ‘‘and’’ at the end. ceive a grant for a fiscal year because its the following: In section 179(d) of title 23, United States safety belt use rate is 85 percent or more for ‘‘(46) The High Desert Corridor/E–220 from Code (as added by section 7139(a)), strike the calendar year preceding such next fiscal Los Angeles, California to Las Vegas, Nevada paragraph (4) and insert the following: year. via Palmdale and Victorville, California.’’. ‘‘(4) incorporate a comprehensive program ‘‘(c) ALLOCATION OF UNUSED GRANT ensuring administrative, technical, and FUNDS.—The Secretary shall award addi- SA 613. Mr. REID submitted an physical safeguards to protect the privacy tional grants under this section from any amendment intended to be proposed by and security of means of identification (as amounts available for grants under this sec- him to the bill H.R. 3, to authorize defined in section 1028(d) of title 18, United tion that, as of July 1, 2009, are neither obli- funds for Federal-aid highways, high- States Code), against unauthorized and gated nor expended. The additional grants fraudulent access or uses; awarded under this subsection shall be allo- way safety programs, and transit pro- ‘‘(5) impose limitations to ensure that any cated among all States that, as of July 1, grams, and for other purposes; which information containing means of identifica- 2009, have a seatbelt usage rate of 85 percent was ordered to lie on the table; as fol- tion transferred or shared with third-party for the previous calendar year. The alloca- lows: vendors for the purposes of the information- tions shall be made in accordance with the At the end of subtitle H of title I, add the based identity authentication described in formula for apportioning funds among the following: States under section 402(c). this section is only used by the third-party SEC. 18ll. DESIGNATION OF ECONOMIC LIFE- ‘‘(d) USE OF GRANT FUNDS.— vendors for the specific purposes authorized LINE CORRIDOR AS HIGH PRIORITY under this section; ‘‘(1) IN GENERAL.—Subject to paragraph (2), CORRIDOR. ‘‘(6) include procedures to ensure accuracy a State may use a grant awarded under this Section 1105(c) of the Intermodal Surface and enable applicants for commercial driv- section for any safety purpose under this Transportation Efficiency Act of 1991 (105 er’s licenses who are denied licenses as a re- title or for any project that corrects or im- Stat. 2032) is amended by adding at the end sult of the information-based identity au- proves a hazardous roadway location or fea- the following: thentication described in this section, to ap- ture or proactively addresses highway safety ‘‘(46) The Economic Lifeline Corridor along peal the determination and correct informa- problems, including— I–15 and I–40 in California, Arizona, and Ne- tion upon which the comparison described in ‘‘(A) intersection improvements; vada, including I–215 south from near San subsection (a) is based; ‘‘(B) pavement and shoulder widening; Bernardino to Riverside and State Route 91 ‘‘(7) ensure that the information-based ‘‘(C) installation of rumble strips and other from Riverside to its intersection with I–15 warning devices; identity authentication described in this sec- near Corona in California.’’. tion— ‘‘(D) improving skid resistance; ‘‘(A) can accurately assess and authen- ‘‘(E) improvements for pedestrian or bicy- SA 614. Mr. REID submitted an clist safety; ticate identities; and amendment intended to be proposed by ‘‘(F) railway-highway crossing safety; ‘‘(B) will not produce a large number of ‘‘(G) traffic calming; him to the bill H.R. 3, to authorize false positives or unjustified adverse con- ‘‘(H) the elimination of roadside obstacles; funds for Federal-aid highways, high- sequences; ‘‘(I) improving highway signage and pave- way safety programs, and transit pro- ‘‘(8) create penalties for knowing use of in- ment marking; grams, and for other purposes; which accurate information as a basis for compari- ‘‘(J) installing priority control systems for son in authenticating identity; and was ordered to lie on the table; as fol- emergency vehicles at signalized intersec- ‘‘(9) adopt policies and procedures estab- lows: tions; lishing effective oversight of the informa- At the end of subtitle H of title I, add the ‘‘(K) installing traffic control or warning following: tion-based identity authentication systems devices at locations with high accident po- of State departments of motor vehicles.’’. tential; SEC. 18ll. DESIGNATION OF CROSS VALLEY CONNECTOR AS HIGH PRIORITY ‘‘(L) safety-conscious planning; SA 611. Mr. ALLEN (for himself and CORRIDOR. ‘‘(M) improving crash data collection and Section 1105(c) of the Intermodal Surface Mr. ENSIGN) submitted an amendment analysis; and intended to be proposed by him to the Transportation Efficiency Act of 1991 (105 ‘‘(N) increasing road or lane capacity. Stat. 2032) is amended by adding at the end bill H.R. 3, to authorize funds for Fed- ‘‘(2) SAFETY ACTIVITY REQUIREMENT.—Not- eral-aid highways, highway safety pro- the following: withstanding paragraph (1), the Secretary ‘‘(46) The Cross Valley Connector linking grams, and transit programs, and for shall ensure that at least $1,000,000,000 of Interstate 5 and State Route 14 in Santa other purposes; which was ordered to amounts received by States under this sec- Clarita Valley, California.’’. lie on the table; as follows: tion are obligated or expended for safety ac- Strike section 7216(a) of the bill and insert tivities under this chapter. SA 615. Mr. SCHUMER (for himself, ‘‘(e) CARRY-FORWARD OF EXCESS FUNDS.—If the following: Mr. KENNEDY, Mrs. CLINTON, and Mr. the amount available for grants under this (a) IN GENERAL.—Section 405 is amended to section for any fiscal year exceeds the sum of LEVIN) submitted an amendment in- read as follows: the grants awarded under this section for tended to be proposed by him to the ‘‘§ 405. Safety belt performance grants that fiscal year, the excess amount and bill H.R. 3, to authorize funds for Fed- ‘‘(a) IN GENERAL.—The Secretary of Trans- obligational authority shall be carried for- eral-aid highways, highway safety pro- portation shall award grants to States in ac- ward and made available for grants under grams, and transit programs, and for cordance with the provisions of this section this section in the succeeding fiscal year. other purposes; which was ordered to to encourage the use of safety belts in pas- ‘‘(f) FEDERAL SHARE.—The Federal share senger motor vehicles. payable for grants awarded under this sec- lie on the table; as follows: ‘‘(b) GRANTS FOR SAFETY BELT USE.— tion is 100 percent. On page 628, line 23, strike ‘‘$155’’ and in- ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(g) DEFINITION.—In this section, the term sert ‘‘$155 ($170 for 2007, $185 for 2008 and $200 make a single grant to each State that has a ‘passenger motor vehicle’ means— for 2009 and thereafter)’’.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.087 S10PT1 S4882 CONGRESSIONAL RECORD — SENATE May 10, 2005 On page 629, line 5, strike ‘‘2008’’ and insert into the planning, design, operation and serves a population of 200,000 or more shall ‘‘2009’’. maintenance of the transportation system of designate a bicycle/pedestrian coordinator to On page 629, line 7, strike ‘‘2007’’ and insert the State transportation department. coordinate bicycle and pedestrian programs ‘‘2008’’. ‘‘(B) BASIS.—In the case of bicycle and pe- and activities carried out in the area served destrian safety, the statement of policy shall by the organization. SA 616. Mrs. CLINTON (for herself, be based on the design guidance on accom- ‘‘(B) CERTIFICATION.—A metropolitan plan- Mr. SCHUMER, Mr. CRAIG, and Mr. modating bicyclists and pedestrians of the ning organization described in subparagraph CRAPO) submitted an amendment in- Federal Highway Administration adopted in (A) shall certify to the Secretary, as part of tended to be proposed to amendment February 2000. the certification review, that— ‘‘(C) REPORTS.—Not later 1 year after the ‘‘(i) the needs of bicyclists and pedestrians SA 605 proposed by Mr. INHOFE to the date of enactment of this paragraph, and (including people of all ages, people who use bill H.R. 3, to authorize funds for Fed- each year thereafter, the Secretary shall wheelchairs, and people with vision impair- eral-aid highways, highway safety pro- submit to Congress a report on the statement) have been adequately addressed by the grams, and transit programs, and for ments of policy adopted under this para- long-range transportation plan of the organi- other purposes; which was ordered to graph. zation; and lie on the table; as follows: ‘‘(3) NONMOTORIZED TRANSPORTATION ‘‘(ii) the bicycle and pedestrian projects to GOAL.— On page 357, line 5, strike ‘‘and’’. implement the plan in a timely manner are ‘‘(A) IN GENERAL.—The Secretary shall On page 357, line 8, strike the period at the included in the transportation improvement take such actions as are necessary to, to the program of the organization. end and insert ‘‘; and’’. maximum extent practicable, increase the On page 357, between lines 8 and 9, insert ‘‘(C) LONG-RANGE TRANSPORTATION PLANS.— percentage of trips made by foot or bicycle ‘‘(i) IN GENERAL.—Except as provided in the following: while simultaneously reducing crashes in- ‘‘(3) support the planning, development, clause (ii), a metropolitan planning organi- volving bicyclists and pedestrians by 10 per- zation described in subparagraph (A) shall and construction of high priority corridors cent, in a manner consistent with the goals identified by section 1105(c) of the Inter- develop and adopt a long-range transpor- of the national bicycling and walking study tation plan that— modal Surface Transportation Efficiency Act conducted during 1994. of 1991 (Public Law 102-240; 105 Stat. 2032). ‘‘(I) includes the most recent data avail- ‘‘(B) ADMINISTRATION.—Not later than 1 able on the percentage of trips made by foot On page 357, strike lines 12 through 14 and year after the date of enactment of this insert the following: and by bicycle in each jurisdiction; paragraph, the Secretary shall establish such ‘‘(II) includes an improved target level for ‘‘(c) ELIGIBLE ACTIVITIES.—The Secretary baseline and completion dates as are nec- shall make allocations under this program bicycle and pedestrian trips; and essary to carry out subparagraph (A). ‘‘(III) identify the contribution made by for— ‘‘(4) RESEARCH FOR NONMOTORIZED USERS.— ‘‘(1) multistate highway and multimodal each project under the transportation im- ‘‘(A) FINDINGS.—Congress finds that— provement program of the organization to- planning studies and construction; and ‘‘(i) it is in the national interest to meet ‘‘(2) coordinated planning, development, ward meeting the improved target level for the goals of the national bicycling and walk- trips made by foot and bicycle. and construction of high priority corridors ing study by the completion date established ‘‘(ii) APPLICATION.—Clause (i) does not identified by section 1105(c) of the Inter- under paragraph (3)(B); apply to a metropolitan planning organiza- modal Surface Transportation Efficiency Act ‘‘(ii) research into the safety and operation tion that adopts the design guidance de- of 1991 (Public Law 102-240; 105 Stat. 2032). of the transportation system for non- scribed in paragraph (3)(B) for all transpor- motorized users is inadequate, given that al- tation projects carried out by the organiza- SA 617. Mrs. HUTCHISON (for her- most 1 in 10 trips are made by foot or bicycle tion. self, Mr. NELSON of Nebraska, Mr. and 1 in 8 traffic fatalities involves a bicy- ‘‘(D) LOCAL JURISDICTIONS.—A metropolitan clist or pedestrian; and BURNS, Mr. SHELBY, Mr. PRYOR, and planning organization described in subpara- ‘‘(iii) inadequate data collection, especially Mr. GRAHAM) proposed an amendment graph (A) shall work with local jurisdictions on exposure rates and infrastructure needs, to amendment SA 605 proposed by Mr. that are served by the organization to maxi- are hampering efforts to improve bicycle and INHOFE to the bill H.R. 3, to authorize pedestrian safety and use to meet local mize the efforts of the local jurisdictions to funds for Federal-aid highways, high- transportation needs. include sidewalks, bikepaths, and road intersections that maximize bicycle and pedes- way safety programs, and transit pro- ‘‘(B) ALLOCATION OF RESEARCH FUNDS FOR trian safety in the local transportation sys- grams, and for other purposes; as fol- NONMOTORIZED USERS.— tems of the local jurisdictions.’’. lows: ‘‘(i) IN GENERAL.—The Secretary shall submit to Congress an annual report on the per- f On page 250, strike lines 17 through 19 and centage of research funds that are allocated insert the following: NOTICES OF HEARINGS/MEETINGS (for the most recent fiscal year for which (B) by striking paragraph (2) and inserting data are available) to research that directly COMMITTEE ON INDIAN AFFAIRS the following: benefits the planning, design, operation, and Mr. MCCAIN. Mr. President, I would ‘‘(2) LIMITATION.—The Secretary may per- maintenance of the transportation system mit the collection of tolls under this sub- like to announce that the Committee for nonmotorized users— section on 1 facility in the State of Vir- on Indian Affairs will meet on Wednes- ‘‘(I) by the Department of Transportation; ginia.’’; day, May 11, 2005, at 9:30 a.m. in room and ‘‘(II) by State transportation departments. 106 of the Dirksen Senate Office Build- SA 618. Mr. HARKIN (for himself, Mr. ‘‘(ii) NATIONAL COOPERATIVE HIGHWAY RE- ing to conduct an Oversight Hearing on KENNEDY, Mr. OBAMA, and Mr. CARPER) SEARCH PROGRAM.—The Transportation Re- Federal Recognition of Indian Tribes. submitted an amendment intended to search Board of the National Academy of Those wishing additional information be proposed by him to the bill H.R. 3, Sciences shall submit to Congress an annual may contact the Indian Affairs Com- to authorize funds for Federal-aid high- report on the percentage of research funds mittee at 224–2251. ways, highway safety programs, and under the National Cooperative Highway Re- f search Program that are allocated (for the transit programs, and for other pur- AUTHORITY FOR COMMITTEES TO poses; which was ordered to lie on the most recent fiscal year for which data are available) to research that directly benefits MEET table; as follows: the planning, design, operation, and mainte- COMMITTEE ON COMMERCE, SCIENCE, AND At the end of subtitle D of title I, add the nance of the transportation system for non- TRANSPORTATION following: motorized users. Mr. COCHRAN. Mr. President, I ask SEC. ll. NONMOTORIZED TRANSPORTATION ‘‘(iii) DEPARTMENT OF TRANSPORTATION AL- SAFETY. LOCATION.—Effective beginning with the unanimous consent that the Com- Section 120(c) of title 23, United States third full fiscal year that begins after the mittee on Commerce, Science, and Code, is amended— date of enactment of this paragraph, the Sec- Transportation be authorized to meet (1) in the first sentence, by striking ‘‘The retary shall allocate at least 10 percent of on Tuesday, May 10, 2005, at 2:30 p.m., Federal’’ and inserting the following: the research funds that are allocated by the on Identity Theft. ‘‘(1) IN GENERAL.—The Federal’’; and Department of Transportation for each fiscal The PRESIDING OFFICER. Without (2) by adding at the end the following: year to research that directly benefits the objection, it is so ordered. ‘‘(2) STATEMENT OF POLICY BY STATE TRANS- planning, design, operation, and mainte- COMMITTEE ON THE JUDICIARY PORTATION DEPARTMENTS.— nance of the transportation system for non- Mr. COCHRAN. Mr. President, I ask ‘‘(A) IN GENERAL.—Each State transpor- motorized users. tation department shall adopt a statement of ‘‘(5) METROPOLITAN PLANNING ORGANIZA- unanimous consent that the Com- policy ensuring that the needs and safety of TIONS.— mittee on the Judiciary be authorized all road users (including the need for pedes- ‘‘(A) BICYCLE/PEDESTRIAN COORDINATORS.— to meet to conduct a hearing on ‘‘Con- trian and bicycle safety) are fully integrated A metropolitan planning organization that tinued Oversight of the USA PATRIOT

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.085 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4883 Act’’ on Tuesday, May 10, 2005 at 9:30 Seapower programs and provisions con- Whereas 1,400 National Association of Let- a.m. in Dirksen Senate Office Building tained in the National Defense Author- ter Carriers branches in more than 10,000 cit- Room 226. ization Act for fiscal year 2006. ies in all 50 States have collected millions of Panel I: The Honorable Larry E. The PRESIDING OFFICER. Without pounds of food every year since 1992; Whereas in 2004, the National Association Craig, United States Senator, R–ID, objection, it is so ordered. of Letter Carriers collected a record-break- The Honorable Richard J. Durbin, SUBCOMMITTEE ON THREATS AND CAPABILITIES ing 70,900,000 pounds of food; United States Senator, D–IL. Mr. COCHRAN. Mr. President, I ask Whereas the National Association of Let- Panel II: The Honorable Bob Barr, unanimous consent that the Sub- ter Carriers provides desperately needed re- Former Member of Congress, Chair- committee on Emerging Threats and sources to food banks in the spring and sum- man, Patriots to Restore Checks and Capabilities be authorized to meet dur- mer months, the time when donations levels Balances, Atlanta, GA; David Cole, ing the session of the Senate on Tues- are at their lowest; Professor of Law, Georgetown Univer- Whereas the National Association of Let- day, May 10, 2005 at 5 p.m. in closed ses- ter Carriers has created much needed bridges sity Law Center, Washington, DC; Dan- sion to mark up the emerging threats between its hard working members, residents iel P. Collins, Partner, Munger, Tolles and capabilities programs and provi- in their communities, and those in need; & Olsen LLP, Los Angeles, CA; James sions contained in the National De- Whereas the National Association of Let- X. Dempsey, Executive Director, Cen- fense Authorization Act for fiscal year ter Carriers Food Drive will take place on ter for Democracy & Technology, 2006. May 14, 2005; Washington, DC; Andrew C. McCarthy, The PRESIDING OFFICER. Without Whereas the National Association of Let- Attorney and Senior Fellow, The Foun- objection, it is so ordered. ter Carriers will send nearly 150,000,000 post- dation for the Defense of Democracies, cards to postal customers to urge donations f for the Food Drive; and Washington, DC; Suzanne E. Spaulding, PRIVILEGE OF THE FLOOR Whereas letter carriers will be collecting Managing Director, The Harbour food, as well as mail, at mailboxes across the Group, LLC, Washington, DC. Mr. BAUCUS. I ask unanimous con- country, performing their daily job, and col- The PRESIDING OFFICER. Without sent the following fellows of the Fi- lecting food for the hungry, come rain or objections it is so ordered. nance Committee be granted the privi- shine: Now, therefore, be it SELECT COMMITTEE ON INTELLIGENCE lege of the floor for the duration of the Resolved, That the Senate— (1) congratulates the members of the Na- Mr. COCHRAN. Mr. President, I ask debate on the Transportation reauthorization bill: Mary Baker and Stuart tional Association of Letter Carriers for unanimous consent that the Select their hard work on behalf of the millions of Committee on Intelligence be author- Sirkin. people who go hungry each day; and ized to meet during the session of the The PRESIDING OFFICER. Without (2) encourages the people of the United Senate on May 10, 2005, at 2:30 p.m. to objection, it is so ordered. States to follow the example of the members hold a hearing. f of the National Association of Letter Car- riers by donating food to local food banks The PRESIDING OFFICER. Without RECOGNIZING THE 13TH ANNUAL objection, it is so ordered. and participating in the National Associa- NATIONAL ASSOCIATION OF LET- tion of Letter Carriers Food Drive on May 14, SUBCOMMITTEE ON AIRLAND TER CARRIERS FOOD DRIVE 2005, by placing nonperishable food by their Mr. COCHRAN. Mr. President, I ask Mr. SESSIONS. Mr. President, on be- mailboxes. unanimous consent that the Sub- half of the leader, I ask unanimous f committee on Airland be authorized to consent that the Judiciary Committee 50TH ANNIVERSARY OF THE NA- meet during the session of the Senate be discharged from further consider- on Tuesday, May 10, 2005, at 3:30 p.m. in TIONAL ASPHALT PAVEMENT ation of S. Res. 133, and that the Sen- ASSOCIATION closed session to mark up the Airland ate then proceed to its immediate con- Mr. SESSIONS. Mr. President, I ask Programs and provisions contained in sideration. unanimous consent that the Senate the National Defense Authorization The PRESIDING OFFICER. Without now proceed to the consideration of S. Act for fiscal year 2006. objection, it is so ordered. The clerk Res. 135, which was submitted earlier The PRESIDING OFFICER. Without will report the resolution by title. today. objection, it is so ordered. The legislative clerk read as follows: The PRESIDING OFFICER. The SUBCOMMITTEE ON EMPLOYMENT AND A resolution (S. Res. 133) recognizing the WORKPLACE SAFETY clerk will report the resolution by 13th Annual National Association of Letter Mr. COCHRAN. Mr. President, I ask Carriers Food Drive. title. The legislative clerk read as follows: unanimous consent that the Sub- There being no objection, the Senate committee on Employment and Work- A resoluton (S. Res. 135) congratulatng the proceeded to consider the resolution. National Asphalt Pavement Association on place Safety be authorized to hold a Mr. SESSIONS. Mr. President, I ask hearing during the session of the Sen- its 50th anniversary and recognizing the con- unanimous consent that the resolution tributions of members of the Association to ate on Tuesday, May 10, 2005, at 2 p.m. and preamble be agreed to en bloc that the United States. in SD–430. the motions to reconsider be laid upon There being no objection, the Senate The PRESIDING OFFICER. Without the table en bloc and that any state- proceeded to consider the resolution. objection, it is so ordered. ments relating to the resolution be Mr. INHOFE. Mr. President, I wish to SUBCOMMITTEE ON NATIONAL PARKS printed in the RECORD, with no inter- speak about S. Res. 135 which recog- Mr. COCHRAN. Mr. President, I ask vening action or debate. nizes the outstanding accomplishments unanimous consent that the Sub- The PRESIDING OFFICER. Without of the National Asphalt Pavement As- committee on National Parks be au- objection, it is so ordered. sociation, NAPA, as it celebrates it thorized to meet during the session of The resolution (S. Res. 133) was 50th Anniversary on May 17, 2005. I am the Senate on Tuesday, May 10, 2005, at agreed to. joined by my colleagues, Senators 2:30 p.m. The preamble was agreed to. BOND, JEFFORDS and BAUCUS. NAPA is The purpose of the hearing is to re- The resolution, with its preamble, the only national association that ex- view the National Park Service’s fund- reads as follows: clusively represents an industry coming needs for administration and man- S. RES. 133 prised of 1,500 asphalt companies na- agement of the National Park System. Whereas in 2003, 3,900,000 men, women, and tionwide, employing over 300,000 men The PRESIDING OFFICER. Without children went hungry every day, a troubling and women. objection, it is so ordered. statistic that has steadily increased in re- Today when we think of highways SUBCOMMITTEE ON SEAPOWER cent years; and roads, we think of the cars and Mr. COCHRAN. Mr. President, I ask Whereas 23,000,000 men and women and trucks that use these facilities. We unanimous consent that the Sub- more than 9,000,000 children rely on food think of the agricultural products banks to survive every year; committee on Seapower be authorized Whereas in 1992, the National Association being shipped from farm to market, or to meet during the session of the Sen- of Letter Carriers recognized this crisis and packages being shipped from factories ate on Tuesday, May 10, 2005 at 2:30 began the ‘‘Stamping Out Hunger’’ national right to our homes. We think of moth- p.m. in closed session to mark up the food drive; ers picking up their children after

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.090 S10PT1 S4884 CONGRESSIONAL RECORD — SENATE May 10, 2005 school, and families taking trips to the zens of the United States by providing hot- our Nation is, of the Tuskegee Airmen. beach during the summer. Of course, mix asphalt used in the construction of the Recently, I had the privilege to be in we also think of commutes to and from 41,000-mile Interstate Highway System and Iraq and visit the airbase where the work. other highways, streets, roads, parking lots, unit, still known as the Tuskegee Air- What I have just described is our and airports; Whereas the National Asphalt Pavement men, was deployed. They had their ban- American economy in motion, and Association has focused on continually im- ners up and it was an honor to be with none of it would be possible without proving the quality of asphalt pavement by them. Their heritage of excellence lives quality highway pavements of which establishing a quality improvement pro- on. asphalt is one. Just 50 years ago, the gram; f country faced a transportation crisis. Whereas the National Asphalt Pavement In 1955, it was not easy to travel from Association has facilitated technology trans- CALLING ON GOVERNMENT OF city to city because the Interstate fer and advanced new asphalt pavement tech- FEDERAL REPUBLIC OF NIGERIA Highway System did not exist. The nologies through partnerships, scanning TO TRANSFER CHARLES tours, publications, and presentations; GHANKAY TAYLOR, FORMER roads were unsafe, slow, and difficult Whereas the National Asphalt Pavement to use. Traveling from city to city, PRESIDENT OF REPUBLIC OF LI- Association, through members of the Asso- BERIA, TO SPECIAL COURT FOR which today could be done in hours ciation, has fostered and encouraged young took days. people to pursue careers in civil engineering SIERRA LEONE In the early 20th century, asphalt by establishing the National Asphalt Pave- Mr. SESSIONS. Mr. President, I ask pavements helped get America out of ment Association Research and Education unanimous consent that the Senate the mud. In the latter half of that cen- Foundation to provide scholarships, sponsor proceed to the immediate consider- tury, the new Interstate Highway Sys- educational exhibitions, and fund research of ation of H. Con. Res. 127, which we re- national significance relating to hot-mix as- tem improved our mobility and helped phalt; ceived from the House. sustain our country’s economic Whereas the National Asphalt Pavement The PRESIDING OFFICER. The growth. The Interstate Highway Sys- Association, through members of the Asso- clerk will report the concurrent resolu- tem’s pavements literally were the ciation, endowed the National Center for As- tion by title. foundation upon which the United phalt Technology, the world’s premier insti- The legislative clerk read as follows: States and her people were able to tution for asphalt research, and continues to A concurrent resolution (H. Con. Res. 127) emerge as the leaders of the world. fund the activities of the Center; and calling on the Government of the Federal It was no accident that NAPA was Whereas the National Asphalt Pavement Republic of Nigeria to transfer Charles formed just as the Federal-Aid High- Association will continue to contribute to Ghankay Taylor, former President of the Re- research to ensure that the Interstate High- way Act of 1956 was winding its way public of Liberia, to the Special Court for Si- way System will be designed and constructed erra Leone to be tried for war crimes against through Congress. The industry was for perpetual use in order to meet the grow- challenged by the need to construct humanity, and other serious violations of ing economic and national security needs of international humanitarian law. long lasting pavements that could the United States: Now, therefore, be it meet the tougher standards of the Resolved, That the Senate— There being no objection, the Senate Interstate Highway System. In rising (1) congratulates the National Asphalt proceeded to consider the concurrent to that challenge, the first ambitious Pavement Association on its 50th anniver- resolution. sary; and Mr. SESSIONS. I ask unanimous con- program announced by the association (2) recognizes and celebrates the achieve- was the Quality Improvement Pro- sent that the resolution be agreed to, ments of the members of the National As- the preamble be agreed to, the motion gram. Ever since then, dedication to phalt Pavement Association for their con- helping its members deliver the best tributions to the economic well-being of the to reconsider be laid upon the table, quality asphalt pavement has been a citizens of the United States. and that any statements relating to the resolution be printed in the top priority. f I am very proud of the fact that the RECORD. HONORING TUSKEGEE AIRMEN late John W. Kelly, of the firm Amis & The PRESIDING OFFICER. Without FOR THEIR BRAVERY IN FIGHT- Kelly Construction Company in Okla- objection, it is so ordered. ING FOR OUR FREEDOM IN homa City, was one of the founding fa- The concurrent resolution (H. Con. WORLD WAR II thers of NAPA. From 1958 to 1960, John Res. 127) was agreed to. W. Kelly served as the second president Mr. SESSIONS. I ask unanimous con- The preamble was agreed to. of the Association. NAPA has also en- sent that the Armed Services Com- f mittee be discharged from further con- joyed 50 years of strong partnership MEASURE READ THE FIRST sideration of H. Con. Res. 26, and the with the Oklahoma Asphalt Pavement TIME—S. 989 Association which was formed in 1952. Senate now proceed to its consider- I congratulate NAPA and its mem- ation. Mr. SESSIONS. I understand there is bers for 50 years of leadership and in- The PRESIDING OFFICER. Without a bill at the desk. I ask for its first volvement in constructing a world- objection, it is so ordered. The clerk reading. class road system. will report the concurrent resolution The PRESIDING OFFICER. The Mr. SESSIONS. Mr. President, I ask by title. clerk will report the bill by title. unanimous consent that the resolution The legislative clerk read as follows: The legislative clerk read as follows: be agreed to, the preamble be agreed A concurrent resolution (H. Con. Res 26) A bill (S. 989) to ensure that a Federal em- to, and the motion to reconsider be laid honoring the Tuskegee Airmen for their ployee who takes leave without pay in order upon the table. bravery in fighting for our freedom in World to perform service as a member of the uni- War II, and for their contribution in creating The PRESIDING OFFICER. Without formed services or member of the National an integrated United States Air Force. Guard shall continue to receive pay in an objection, it is so ordered. There being no objection, the Senate amount which, when taken together with the The resolution (S. Res. 135) was pay and allowances such individual is receiv- agreed to. proceeded to consider the concurrent resolution. ing for such service, will be no less than the The preamble was agreed to. basic pay such individual would then be re- The resolution, with its preamble, Mr. SESSIONS. I ask unanimous consent that the concurrent resolution be ceiving if no interruption in employment reads as follows: had occurred. agreed to, the preamble be agreed to, S. RES. 135 and the motion to reconsider be laid Mr. SESSIONS. I now ask for a sec- Whereas in 2005, the National Asphalt upon the table. ond reading and, in order to place the Pavement Association (incorporated on May bill on the calendar under the provi- 17, 1955, as the National Bituminous Con- The PRESIDING OFFICER. Without objection, it is so ordered. sions of rule XIV, I object to my own crete Association) celebrates its 50th anni- request. versary; The concurrent resolution (H. Con. Whereas the members of the National As- Res. 26) was agreed to. The PRESIDING OFFICER. Objec- phalt Pavement Association play a key role The preamble was agreed to. tion is heard. The bill will receive its in strengthening the economy of the United Mr. SESSIONS. Mr. President, I note second reading on the next legislative States and promoting the mobility of citi- that I am extremely proud, as all of day.

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A10MY6.051 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — SENATE S4885 MEASURE PLACED ON THE consent that when the Senate com- bill during tomorrow’s session. Mo- CALENDAR—S. 981 pletes its business today, it stand in ments ago, cloture was filed on the Mr. SESSIONS. I understand there is adjournment until 9:30 a.m. on Wednes- pending substitute and the underlying a bill at the desk that is due for a sec- day, May 11. I further ask that fol- bill. This will allow a full day of con- ond reading. lowing the prayer and pledge, the sideration tomorrow, and if cloture is morning hour be deemed expired, the The PRESIDING OFFICER. The invoked on Thursday, there will be an Journal of proceedings be approved to clerk will read the title of the bill for additional 30 hours available for con- the second time. date, the time for the two leaders be The legislative clerk read as follows: reserved, and the Senate then begin a sideration. Therefore we expect votes A bill (S. 981) to ensure that a Federal em- period of morning business for up to 60 throughout the day on Wednesday. ployee who takes leave without pay in order minutes, with the first 30 minutes Also, in accordance with rule XXII, all to perform service as a member of the uni- under the control of the Democratic first-degree amendments should be formed services or member of the National leader or his designee and the final 30 filed by 1 p.m. tomorrow. Guard shall continue to receive pay in an minutes under the control of the ma- amount which, when taken together with the pay and allowances such individual is receiv- jority leader or his designee; provided f ing for such service, will be no less than the that following morning business, the basic pay such individual would then be re- Senate resume consideration of H.R. 3, ADJOURNMENT UNTIL 9:30 A.M. ceiving if no interruption in employment the highway bill. TOMORROW had occurred. The PRESIDING OFFICER. Without The PRESIDING OFFICER. There objection, it is so ordered. Mr. SESSIONS. If there is no further being no objection to further pro- f business to come before the Senate, I ceeding, the bill will be referred to the PROGRAM ask unanimous consent the Senate appropriate committee. Mr. SESSIONS. On behalf of the lead- stand in adjournment under the pre- f er, I have the following announcement. vious order. ORDERS FOR WEDNESDAY, MAY 11, Tomorrow, following morning business, There being no objection, the Senate, 2005 the Senate will resume consideration at 8:24 p.m., adjourned until Wednes- Mr. SESSIONS. Mr. President, on be- of the highway bill. We need to make day, May 11, 2005, at 9:30 a.m. half of the leader, I ask unanimous significant progress on the highway

VerDate Aug 04 2004 03:30 May 11, 2005 Jkt 039060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\G10MY6.124 S10PT1 May 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E915 EXTENSIONS OF REMARKS

A PROCLAMATION HONORING MR. She was really a star. sible for and especially productive in preparing AND MRS. JAY McDOUGAL After she left my office, Charlotte worked high quality analyses of the increasingly im- briefly for the Department of Education under portant higher education student loan pro- HON. ROBERT W. NEY President Clinton and then became the head grams. These are the most wide-ranging and OF OHIO of government affairs for the American Fed- complex forms of federal aid to education at IN THE HOUSE OF REPRESENTATIVES eration of Teachers where I continued to ap- any level. In particular, she lead the Service’s preciate Charlotte’s professionalism. support of congressional debates on student Tuesday, May 10, 2005 But the bulk of her career—more than 20 loans during consideration of the Higher Edu- Mr. NEY. Mr. Speaker: years—was spent at the Congressional Re- cation Amendments of 1986 (P.L. 99–498) Whereas, Jay and Sarah McDougal were search Service at the U.S. Library of Con- and the Higher Education Amendments of united in marriage April 23, 2005 in Marietta, gress, providing expert analysis and assist- 1992 (P.L. 102–325). In the early 1990s she Ohio; and ance to Members of Congress from both sides prepared ground-breaking analyses of the Whereas, Jay and Sarah McDougal have of the aisle and to their committees and per- highly charged issues associated with the Ad- dedicated their lives to each other; and sonal staff. ministration proposal to replace or supplement Whereas, Jay and Sarah McDougal shared Charlotte had a distinguished career of ac- federally guaranteed loans with direct loans. their wedding day with family and friends; and tive engagement in and in support of the legis- Charlotte also supported congressional de- Whereas, Jay and Sarah McDougal have il- lative process while at the Congressional Re- liberations in a number of other education-re- lustrated the love and commitment necessary search Service. She received numerous ‘‘out- lated policy areas. For example, she was the to live a long and beautiful life together. standing’’ performance ratings, very infre- lead CRS analyst on aid to libraries from late Therefore, I join with their family, friends, quently awarded in the Service. Charlotte was 1970s to mid-1980s and particularly supported and the entire 18th Congressional District of unusually productive during her career at congressional consideration of the Library Ohio in congratulating Jay and Sarah CRS. The CRS archives contain over 200 re- Services and Construction Act amendments of McDougal on the occasion of their marriage. ports and substantive, confidential memoranda 1983. f that she prepared over the period of 1970 to In addition to her numerous written analyses, during her CRS career Charlotte com- IN HONOR OF CHARLOTTE FRAAS 1993. Her CRS reports were not only numerous but also of the highest quality. For exam- municated her policy analyses through mul- ple, Section management used Charlotte’s tiple consultations, briefings, and testimony in HON. GEORGE MILLER work as a model for other analysts. She was committee hearings; for example, she testified OF CALIFORNIA also highly respected by her colleagues and before the House Budget Committee on stu- IN THE HOUSE OF REPRESENTATIVES was frequently chosen by her peers, as well dent loan issues before the House Budget Tuesday, May 10, 2005 as by management, to lead team efforts. Committee in 1991. Charlotte was one of the Charlotte worked in a wide variety of issue most articulate analysts that CRS has had. Mr. GEORGE MILLER of California. Mr. Other analysts sought her advice about how to Speaker, it is with the deepest sorrow that I areas, beginning her career with responsibilities in the topics of veterans and the G.I. Bill, approach any number of issues, even those rise to honor a woman who gave so much to outside her immediate areas of expertise. She immigration and refugees, and crime, espe- the Congress, to children and students in understood the impact that analysis could cially juvenile justice/delinquency. She was the America, to her family and friends, and to me bring to bear on social issues and enabled lead CRS analyst supporting congressional as a trusted aide and friend. congressional committees to understand the consideration of the Refugee Act of 1980. Charlotte Fraas died today after a long bat- policy dimensions involved in decisions that However, during most of her career at CRS, tle with brain cancer. She leaves behind her came before them. loving and devoted husband Phil, her two Charlotte was a specialist in education policy, In all of her work, Charlotte exhibited the beautiful and smart teenage children, Paul and serving as CRS’ lead analyst on two of the highest level of professionalism in serving the Katie, her dogs, and many close friends at the largest, most complicated, and significant edu- Congress on some of the most politically Congressional Research Service and across cation assistance programs. charged issues in education policy. In her ca- the country. For many years Charlotte was the lead CRS reer at CRS, she exemplified the best that Charlotte, full of grace and beauty, has left analyst in the major and complex area of edu- CRS has to offer the Congress, a consum- us her spirit to keep. In the pain and sorrow cation for students with disabilities. This legis- mate professional analyst doing work of the of her untimely death, we have the memory of lation—then called the Education of the Handi- highest caliber on sensitive, difficult issues her wonderful life to hold. capped Act and now known as the Individuals critical to the Nation’s well-being. Charlotte was my legislative director for two with Disabilities Education Act—has myriad Her great achievements at CRS were cer- years, between 1993 and 1995. And she was complex, and sometimes controversial, provi- tainly supported and encouraged by close a class act. sions aimed at improving educational opportu- friends and colleagues, including Angela There are many important skills a good con- nities for all students with disabilities. Charlotte Evans, Wayne Riddle, Carol O’Shaughnessy, gressional aide must possess—being smart, was the lead analyst in this area during the Karen Spar, Joe Richardson, Richard Price, well-informed, good at writing and speaking, 1980s, supporting congressional consideration Jim Stedman and Margot Schenet. and so forth. But there is another quality that of the Education of the Handicapped Act In the end, the cancer was too great for is rarer but especially important—being able to amendments of 1983 (P.L. 98–199) and the even Charlotte’s power. But as a testament to tell your boss that he or she might be wrong. Education of the Handicapped Act Amend- the rich life she led, she spent the last weeks Charlotte could do that. With a quick glance ments of 1986 (P.L. 99–457). Her work was of her life in a hospice in Alexandria, Virginia, she could let me know whether I was on track, especially helpful to Congress as it considered being visited by one friend and family member or off, and would be ready with an alternative. legislation to expand assistance to include in- after another. The staff at the hospice re- Charlotte was instrumental in my work on so fants and toddlers with disabilities. marked at how many friends Charlotte had. many issues, including Social Security, higher For the last several years of her service at To her family, I offer my thanks for giving us education, education for children with disabil- CRS, Charlotte was the lead analyst on major Charlotte for the time we had her. The mem- ities, but most importantly on the reauthoriza- programs of the Higher Education Act, the pri- bers of my staff in Washington and California tion of the Elementary and Secondary Edu- mary source of federal aid to postsecondary and at the Committee on Education and the cation Act. Her knowledge of the history of the education. In the mid-1980s, she lead a CRS Workforce join me in sending our deep condo- law and the details of the issues involved in team that prepared a groundbreaking series of lences to her family and friends. We will keep the reauthorization was outstanding. She was analyses of the relationships between federal you in our thoughts, just as we will hold Char- dedicated to getting it right. And she did so aid programs and the growing for-profit sector lotte in our prayers and memories at this sad- with such grace and class. of postsecondary education. She was respon- dest of times and forever.

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

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A10MY8.001 E10PT1 E916 CONGRESSIONAL RECORD — Extensions of Remarks May 10, 2005 HOLOCAUST REMEMBRANCE DAY A PROCLAMATION HONORING his resolve to fight for the rights of all Ameri- CHOLENE ESPINOZA ON HER cans. 40TH BIRTHDAY At President Kennedy’s request, he founded SPEECH OF and co-chaired the Lawyers’ Committee for HON. MICHAEL H. MICHAUD HON. ROBERT W. NEY Civil Rights Under Law and developed the or- OF OHIO ganization’s mission to engage private lawyers OF MAINE IN THE HOUSE OF REPRESENTATIVES in securing equal justice for all minorities and IN THE HOUSE OF REPRESENTATIVES races in our nation. Indeed, it was because of Tuesday, May 10, 2005 Lloyd’s efforts that many of those arrested for Thursday, May 5, 2005 Mr. NEY. Mr. Speaker: protesting segregation decades ago received Whereas, Cholene Espinoza is celebrating legal representation. Mr. MICHAUD. Mr. Speaker, I rise to add her 40th Birthday today; and He also never wavered in his commitment my voice to those marking this most solemn of Whereas, Cholene Espinoza has been a to the preservation of our democracy anytime days—Yom Hashoah. Holocaust Remem- positive influence on those individuals who the strength of our democracy came into brance Day commemorates one of the darkest have been fortunate to meet her; and question. After the tragedy of September 11, periods in our shared human history. We re- Whereas, Cholene Espinoza has exempli- he was a welcome co-chair of the Continuity member the victims of this unspeakable trag- fied a love for her family and friends and must of Government Commission. After the 2000 edy. At the same time, this day marks the be- be commended for her dedication to helping elections, he led the National Commission on ginning of the Warsaw Ghetto uprising, and others. Federal Election Reform to ensure no Amer- we celebrate the indomitable spirit of freedom Therefore, I join with the residents of the en- ican would be denied the right to vote. and hope that resides in all of us. tire 18th Congressional District of Ohio in con- What many may not know is that even as a gratulating Cholene Espinoza as she cele- young man, Lloyd was not content to sit by This day does not belong to one people or brates her 40th Birthday. the sidelines in times of trouble. As a newly commemorate just one moment in time. Yom f minted lawyer, he left a high-profile New York Hashoah reminds us of the darkness and evil law firm at the start of World War II to enlist that still exists in this world and charges each HONORING THE VAN VANDALS in the Army. Time and time again, the pattern of us to stand against the atrocities that men has repeated itself; where others saw chal- can bring about. HON. JEB HENSARLING lenges and setbacks to our country, Lloyd saw We remember only too well the horrors of OF TEXAS another opportunity to serve. He was a model of civility and bipartisanship ‘‘ethnic cleansing’’ in the Balkans and the IN THE HOUSE OF REPRESENTATIVES that almost seems anachronistic in today’s genocide in Rwanda just a few years ago. Not Tuesday, May 10, 2005 strident debates. It has been said that cooler only do we remind ourselves of the evils of Mr. HENSARLING. Mr. Speaker, today I heads prevail; it must be true because Lloyd our recent past, but also we take this time to would like to honor the Van Vandals boy’s accomplished so much. look at the world we live in today as well. Reli- basketball team who won the Texas 3A High gious, ethnic, racial and cultural strife continue School Basketball Championship on March 11, f to divide people around the world. Despite the 2005. In their first trip to the state finals in 63 LIEUTENENT GENERAL BRIAN A. years, the Vandals beat Graham High School lessons of our past, we are shamed by the ARNOLD—A CAREER OF SERVICE knowledge that the world community was once to return home with the state championship again too slow to respond to the tragedy that trophy. The victory capped off an outstanding is taking place in the Darfur region of Sudan. season for the Vandals with an impressive HON. JANE HARMAN We Are shamed by the knowledge that we record of 38–2. OF CALIFORNIA I would like to recognize teammates Grant have the ability to prevent genocide and suf- IN THE HOUSE OF REPRESENTATIVES McMillan, Kacey McCauley, Cory Foster, Beau fering, but we do not act. Tuesday, May 10, 2005 Garland, Marcus Brown, Cody Huffman, That is why it is so important that we speak Dalvin Davis, Duncan McFarland, Brandon Ms. HARMAN. Mr. Speaker, commanding out today to remember the victims of the Holo- Roberts, Chris Gossett, Andrew Thompson, the Space and Missiles System Center at the caust and of all genocides throughout the Kenny Ghormley, Jeramie Calhoun, Wade Los Angeles Air Force Base, the Nation’s world. This year marks the 60th Anniversary of Mackey, as well as Head Coach Jerry Cassell leading supplier of military space technology, the end of World War II. Our greatest genera- and Assistant Coaches Jeff Hutchins and Rick is an accomplishment in itself. Leading the base to an unprecedented 41 consecutive tion did not stand still against this evil. We Jones. successful launches is nothing short of his- must be ready and willing to follow in their As the congressional representative of the toric. Lt. Gen. Brian A. Arnold, a 34-year vet- footsteps. families, coaches, and supporters of the Van Vandals, it is my pleasure to recognize their eran of the United States Air Force, has Merely saying ‘‘never again’’ is not enough. tremendous victory and outstanding season. achieved this record over the past 4 years. Only by raising awareness of these atrocities This is an accomplishment that these young As Base Commander, the three star Gen- can we begin to stop them from happening to men will remember for the rest of their lives. eral has managed the entire spectrum of the any group or people again. While this day is f Air Force’s missile and satellite systems—from somber and full of self-reflection, it is impor- research and design to the command, control tant to also recall the kindness of so many TRIBUTE TO LLOYD CUTLER and launch of these systems. who risked everything to save and hide their General Arnold’s record of success is more neighbors, friends, or even complete strang- HON. JOHN CONYERS, JR. than a statistical anomaly. His organization is ers. OF MICHIGAN responsible for providing cutting edge space IN THE HOUSE OF REPRESENTATIVES technology to the warfighter by creating trans- For many people, the bravery of Anne Frank formational technologies like the Evolved Ex- sums up the best hopes for the future of hu- Tuesday, May 10, 2005 pendable Launch Vehicle; the Space-Based manity. Though she and her family fell victim Mr. CONYERS. Mr. Speaker, I rise in tribute Infrared System; military communication sat- to the horror, and ultimate fate of millions, she to a friend and champion of democracy, Lloyd ellites; the Navstar Global Positioning System; still wrote in her diary: Cutler. Sadly, Lloyd passed away this past intercontinental ballistic missile programs; the ‘‘I don’t think of all the misery, but of all the Sunday. Defense Meteorological Satellite Program; and beauty that still remains. . . . In spite of ev- His accomplishments are too numerous to many other emerging systems critically impor- erything, I still believe that people are really list. Serving as Counsel to two presidents and tant to the warfighter. founding a distinguished law firm are just two Leading more than 6,500 employees nation- good at heart.’’ of the feats he is known for. But Lloyd was wide, with an annual budget of $10 billion and Through understanding our past and each more than just the Washington insider he is an active program portfolio of $60 billion, Gen- other, we can create the beautiful, peaceful, often portrayed as and his legacy extends far eral Arnold has established SMC as the Na- and hopeful world Anne Frank once envi- beyond the highest levels of our government; tion’s leading center of excellence for military sioned. his connections to Presidents did not diminish space acquisition.

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MY8.004 E10PT1 May 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E917 Under his stewardship, the El Segundo the large melon shaped boulders along the Eugenia Maria. Alvaro was blessed with many base has built a record of excellence trans- Snake River Canyon that were formed 15,000 grandchildren, living in Las Vegas, New Mex- lating directly to a more cost-effective military years ago. They will also learn about the hard- ico and in Guatemala. and a safer America. ships faced by the first settlers in whose foot- I join the community in thanking Alvaro Before becoming a guiding force in space steps they are following. Much like Lewis and Aguirre for his dedication, commitment and procurement, General Arnold spent the major- Clark, every evening the students will record hard work on behalf of so many communities ity of his career as a pilot in FB–111 and B– their impressions in a journal. These journals all across the American continent. Our 52 aircraft, serving with distinction as a squad- become a reflection of the transformation that thoughts and prayers are with his family. I ron commander, wing commander and sub- takes place within these children during this urge all of my colleagues to heed the example unified commander. memorable week. set by this extraordinary individual in his devo- Fortunately, General Arnold’s retirement Over the past 10 years, more than 1,000 tion to providing education to our most vulner- from the Los Angeles Air Force Base does not students, teachers, parents and volunteers able children. mean that he is leaving the South Bay, as he have completed the ‘‘50 Mile Big Walk’’ The f and his delightful wife Tina will be residing in students come to understand that if you can San Pedro, a part of my Congressional Dis- walk 50 miles when you are in fourth grade, COMMENDING THE HEROISM AND trict. there isn’t anything in life you can’t do if you VALOR OF THE UNITED STATES I join the airmen and airwomen at the Los set a goal, work hard and help others along NAVY’S CARRIER AIR GROUP 83 Angeles Air Force Base, as well as countless the way. space program team members, in thanking Mr. Speaker, I would like to congratulate ev- HON. MARK FOLEY General Arnold for his outstanding leadership eryone involved in the ‘‘50 Mile Big Walk’’ and OF FLORIDA as Base Commander and distinguished serv- commend them on their hard work and dedi- IN THE HOUSE OF REPRESENTATIVES ice in the war against terrorism. cation. To the walkers, I want you to know that Tuesday, May 10, 2005 I will be thinking of you and wishing you well f Mr. FOLEY. Mr. Speaker, today I rise to rec- every step of the way. Thank you, Filer Ele- ognize and commend the heroism and valor of A PROCLAMATION HONORING mentary School for being an inspiration to us the United States Navy’s Carrier Air Group 83. BRUCE RATNER ON HIS 60TH all. BIRTHDAY During World War II, Navy Carrier Air Group f 83 was responsible for the identification of, HON. ROBERT W. NEY HONORING THE LIFE OF ALVARO and subsequent successful attacks on, the AGUIRRE Japanese midget submarine base on an island OF OHIO off Okinawa before the invasion by Allied IN THE HOUSE OF REPRESENTATIVES HON. JON C. PORTER forces in April 1945. Carrier Air Group 83 also Tuesday, May 10, 2005 attacked and contributed to the sinking of the OF NEVADA Japanese battleship yamato in April 1945. Mr. NEY. Mr. Speaker: IN THE HOUSE OF REPRESENTATIVES Whereas, Bruce Ratner is celebrating his Carrier Air Group 83 was specifically com- Tuesday, May 10, 2005 60th birthday with family and friends; and mended by the commander of the United Whereas, Bruce Ratner is a positive influ- Mr. PORTER. Mr. Speaker, I rise today to States Tenth Army for close air support strikes ence on all persons in his life, leading by ex- pay tribute to the life and achievements of Mr. in support of operations on Okinawa in April ample; and Alvaro Aguirre. A lifelong educator and mem- 1945, and continued to perform those mis- Whereas, Bruce Ratner has exemplified a ber of the Latin Chamber, Las Vegas, Nevada, sions in an exemplary manner through May love for his family, and must be commended 74, Mr. Aguirre passed away peacefully the 1945. In addition, Air Group 83 engaged in at- for his dedicated service to the community. morning of Friday, April 22, 2005. Born to tacks against the Kure naval facility and the Therefore, I join with the residents of the en- Arturo Aguirre Matheu and Marta Diaz Raph- Japanese battleship nagato in July 1945. tire 18th Congressional District of Ohio in con- ael on December 22, 1930, in Guatemala City, Carrier Air Group 83 is credited with the de- gratulating Bruce Ratner as he celebrates his Guatemala, Alvaro moved to the United States struction of over 220 Japanese aircraft in aer- 60th birthday. when he was 17 years of age, graduated from ial combat and over 75 aircraft on the ground during the months of March to August 1945, a f San Mateo Junior College, with a degree in Biochemistry from the University of California critical contribution to Allied victory over the HONORING FILER ELEMENTARY at Berkeley. He later completed his doctoral Empire of Japan in the Pacific Theater during SCHOOL’S PARTICIPANTS IN THE studies in Animal Nutrition at the University of World War II. All Americans should know of ‘‘50 MILE BIG WALK’’ Florida. and commend the heroism and valor of Navy Alvaro taught at Harvard Project Escuela Carrier Air Group 83 and the contribution of HON. MICHAEL K. SIMPSON Agricola Panamericana in Honduras, and that Air Group and its personnel to the defeat of Japan in the Pacific Theater during World OF IDAHO served as the professor of the College of Bio- War II. IN THE HOUSE OF REPRESENTATIVES logical Sciences as well as president of the National University of Guatemala San Carlos f Tuesday, May 10, 2005 regional campus system. He served on the A PROCLAMATION HONORING Mr. SIMPSON. Mr. Speaker, I rise today to team at the Nutritional Institute of Central KAREN RANUCCI ON HER 50TH pay tribute to a dedicated group of Filer Ele- America and Panama, credited with creating BIRTHDAY mentary School students, teachers, parents INCAPARINA, a food substitute for indigent and volunteers who will be participating in a people. Additionally, he was active in the fifty mile walk between the Malad Gorge State Lions International in Guatemala, having HON. ROBERT W. NEY Park and Filer, Idaho. served as president of the Quetzaltenango OF OHIO Each day this week, the fourth grade class Club. IN THE HOUSE OF REPRESENTATIVES of Filer Elementary School will walk 10 miles Alvaro spent his life as an educator and Tuesday, May 10, 2005 along the Snake River Canyon, following the academic counselor. As a bilingual counselor, Mr. NEY. Mr. Speaker: same path crossed over 150 years ago by set- he helped thousands of Nevada students, Whereas, Karen Ranucci is celebrating her tlers migrating west on the Oregon trail. These prior to his retirement from the Clark County 50th Birthday with friends and family; and students have been training for months for this School District. His dedication to providing the Whereas, Karen Ranucci has experienced big week where they will literally be taking youth of southern Nevada with the finest of many accomplishments in all aspects her life; school out on the road. By participating in a educations commends us to look to Alvaro as and physical challenge that is attainable through a role model and personification of the value Whereas, Karen Ranucci has exemplified goal setting, hard work and perseverance, of education. love for her family and friends and must be these students redefine their personal poten- Alvaro was a loving husband, father, broth- applauded for her devotion to her loved ones. tial far beyond what they once thought pos- er, grandfather and friend. My sympathies go Therefore, I join with the residents of the en- sible. out to those who survive him: his loving wife, tire 18th Congressional District of Ohio in con- While the students journey through South- Eugenia, sons, Alvaro, Jr., Luis Pedro; Aldo gratulating Karen Ranucci as she celebrates ern Idaho, they will learn about and identify Adrian and Hernan, and daughters Rita and her 50th Birthday.

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A10MY8.008 E10PT1 E918 CONGRESSIONAL RECORD — Extensions of Remarks May 10, 2005 HONORING DENVER PUBLIC years, Mayor Lord has left an indelible imprint RECOGNIZING AMANDA BLAKELY SCHOOLS SUPERINTENDENT on the Beaumont community and while she is JERRY WARTGOW entitled to a well-deserved break, she un- HON. JEB HENSARLING doubtedly will be missed. OF TEXAS HON. MARK UDALL Mayor Lord began her legacy in local gov- IN THE HOUSE OF REPRESENTATIVES OF COLORADO ernment in 1980 when she was elected to the Tuesday, May 10, 2005 IN THE HOUSE OF REPRESENTATIVES first of two terms on the Beaumont City Coun- Mr. HENSARLING. Mr. Speaker, today, I Tuesday, May 10, 2005 cil. Her plans to run for office in 1984 were cut short when her husband and close confidant, would like to recognize the outstanding Mr. UDALL of Colorado. Mr. Speaker, I rise Sam, was transferred to Northern Ireland by achievement of Amanda Blakely of Crandall, today to honor Denver Public Schools (DPS) his employer. Towards the end of 1988, how- Texas, who was recently named the winner of Superintendent Jerry Wartgow, an exceptional ever, she returned to Beaumont and was the 37th Annual Robert F. Kennedy Jour- leader in our Colorado education community. elected mayor two years later. Mayor Lord nalism Award. Dr. Wartgow will leave his post as super- Amanda, who is a graduating senior from intendent on June 1st of this year. then served two successful terms and retired in 1994. Crandall High School is the High School Print For four years, Superintendent Wartgow has Winner for her work, ‘‘Ms. Mary and the Big worked tirelessly to improve education in Colo- At a critical juncture in the City’s history, she Blue House.’’ Her work takes readers into the rado by closing the achievement gap between was encouraged to return to public life and in home of foster parents Mike and Mary Brooks minority and non-minority students, raising ac- 2002 was once again elected to the mayor- through moving interviews with three teen- countability standards, promoting innovative ship. Only when she was certain that the City agers who have been placed in their care by reform and building a strong relationship be- was on the path to healing did she decide to the Texas Children’s Protective Services. tween the school district and the city. forego a fifth term as Mayor. The Robert F. Kennedy Journalism Awards Before coming to DPS, Dr. Wartgow was During her tenure, Mayor Lord remained honor outstanding reporting of problems of the President Emeritus at Colorado Community keenly aware of the unique threats that the disadvantaged. RFK Journalism Award win- College and Occupational Education System. Beaumont area could face in a post-Sep- ners have covered such diverse issues as He was also the President and Chief Execu- tember 11 environment. Accordingly, she child abuse, juvenile crime, bank redlining and tive Officer for International Training and Edu- shepherded the efforts to develop a distinct discrimination against people living with AIDS. cation Alliance. Dr. Wartgow holds a PhD from homeland security plan for Southeast Texas, Past winners of this prestigious award include the University of Denver, a Masters Degree of which has served as a model state-wide. And, Diane Sawyer of ABC, The Chicago Tribune, Education from the University of Hawaii, a realizing that quality of life issues are often the The Washington Post, National Public Radio, Bachelor of Science from the University of basis for community revitalization, she spear- and CBS’s ‘‘60 Minutes.’’ Wisconsin, and has done post-doctoral work headed the creative charge to improve Beau- This is the second major national journalism at the East-West Center in Honolulu and Har- mont’s park system through public-private award for Amanda. In November 2003, Bob vard University in Boston. partnerships. Scheiffer presented Amanda with the Ryan Denver Public Schools is the second largest White Foundation National Journalist Award at school district in Colorado—with an extraor- Demonstrating the high regard in which she the Journalism Educators Association Conven- dinarily diverse student body—and with a long is held among her peers, Mayor Lord was tion in Washington, DC. Amanda has also re- history of serious challenges that have in- elected to the Board of Directors of the United ceived national honors from the Los Angeles cluded teacher strikes, racial and ethnic divi- States Conference of Mayors and served in Times in August of 2004. sions and difficult budget choices. Jerry has such key positions as Chair of the organiza- Award-winning work and journalism must faced each of these challenges head on with tion’s Arts and Recreation Standing Com- run in Amanda’s genes. In 1988, her late characteristic innovation and enthusiasm. mittee and as a member of its Homeland Se- grandmother, Jannette Cox, of Athens, Texas, Through his leadership a progressive new pro- curity Task Force. was honored by both the Texas House and fessional compensation plan will be brought to Even before she came to Beaumont, Mayor Senate as well as by United States Congress- Denver voters in November 2005. This pro- Lord was a committed public servant wherever man Jim Chapman for her work with the Ath- gram, ‘‘ProComp,’’ will give teachers financial Sam’s career opportunities led them. She was ens Creative Center. Amanda’s grandfather, incentives for student achievement. His vision, elected as a State Senator in the State of John H. Cox, now a journalist for the Cedar compassion and tenacity allowed him to forge Delaware and served as an Administrative As- Creek Pilot, once was assigned to cover alliances between parents, students, teachers sistant to a County Judge in Kentucky. In former Texas Governor, now President, and school districts to both raise standards for Beaumont, she served with distinction in many George W. Bush for the Jacksonville Daily Colorado kids and to provide teachers the pro- capacities, including Vice President of Texas Progress. fessional opportunities they deserve. Commerce Bank and as Chairwoman of the As Congressman for the Fifth Congressional While certainly much work remains to be Texas State Spindletop Centennial Commis- District of Texas, I would like to recognize done, Jerry Wartgow’s leadership throughout sion. Amanda and congratulate her grandparents, his tenure as superintendent of DPS has along with her parents Gerald and Lynda Finally, few charitable organizations in paved a formidable path for the future of edu- Blakely, for her outstanding accomplishment. cation in Colorado. He is widely respected in Beaumont have escaped Mayor Lord’s helping the community and has set a high bar for his hand, highlighted by her work at the United f successor. I ask my colleagues to join me in Way, Texas Energy Museum, Boy Scouts, A PROCLAMATION HONORING thanking Jerry Wartgow for his enormous con- Julie Rogers ‘‘Gift of Life’’ Program, Chamber LIZZY RATNER ON HER 30TH tribution to the Colorado education community. of Commerce, and Community Partners for BIRTHDAY f Children. Mayor Lord’s leadership at Beaumont City HONORING BEAUMONT, TEXAS HON. ROBERT W. NEY MAYOR EVELYN LORD Hall will always be remembered and her accomplishments will be felt throughout the com- OF OHIO munity for years to come. Nonetheless, I am IN THE HOUSE OF REPRESENTATIVES HON. TED POE confident that she will not disappear from pub- Tuesday, May 10, 2005 OF TEXAS lic life entirely and I join all of those in Texas’ IN THE HOUSE OF REPRESENTATIVES Mr. NEY. Mr. Speaker: Second Congressional District in wishing her Whereas, Lizzy Ratner is celebrating her Tuesday, May 10, 2005 and Sam the best as they enter this exciting 30th Birthday today; and Mr. POE. Mr. Speaker, I rise today to honor new phase of their lives. Whereas, Lizzy Ratner has been and con- a sterling individual in my Southeast Texas As Margaret Thatcher once said, ‘‘Success tinues to be a positive influence on all persons District—the Mayor of Beaumont—Mrs. Evelyn is having a flair for the thing that you are fortunate to meet her; and Lord. doing; knowing that is not enough, that you Whereas, Lizzy Ratner has shown love for Following an over-two-decade-long tradition have got to have hard work and a sense of her family and friends and must be com- of service to Jefferson County, she will step purpose.’’ Mayor Lord . . . she has that, Mr. mended for her dedication to these relation- down from office on May 17th. Through the Speaker. ships.

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MY8.014 E10PT1 May 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E919 Therefore, I join with the residents of the en- Mr. Speaker, the General Counsel to SERB man of the Board. From 1987 until 1995, he tire 18th Congressional District of Ohio in con- has many responsibilities. One must provide served as chairman of the Finance Com- gratulating Lizzy Ratner as she celebrates her legal support for the Board, draft and issue mittee, one of the most vital positions on the 30th Birthday. unfair labor practice complaints, oversee the Board. f Investigations Section, supervise the Hearings Mr. Ford served the Company as an em- and Representation Sections, and assist ployee from 1949 until 1989. He held a variety HONORING THE CONTRIBUTIONS Board members in the preparation of opinions of executive positions including vice president OF PAIGE COLLIER HEMPHILL and orders. Under his leadership, decisions and general manager of the Continental Divi- ELEMENTARY SCHOOL TEACHER were seldom appealed and rarely reversed. In sion. In 1956, Mr. Ford assumed responsibility OF THE YEAR addition to serving as General Counsel, on for corporate product planning and design. two occasions J. Russell Keith also lent his Throughout his career, he oversaw the design HON. HENRY CUELLAR formidable management skills as Acting Exec- and development of a number of classic vehi- OF TEXAS utive Director of SERB. While his responsibil- cles, including the Continental Mark II, a wor- IN THE HOUSE OF REPRESENTATIVES ities have been substantial, Russ has per- thy successor to the Continentals designed by Tuesday, May 10, 2005 formed superbly and served the people of the his father, Edsel Ford. The Mark II is consid- Mr. CUELLAR. Mr. Speaker, I rise to recog- State of Ohio admirably. ered by many to be one of the most beautiful nize the many accomplishments of Paige Col- Throughout Russ’s accomplished career, he personal luxury cars ever built. lier, Hemphill Elementary School Teacher of has enjoyed a broad range of legal experi- Mr. Speaker, I ask my colleagues to join me the Year. ences. After graduating from Capital University in honoring Mr. William Clay Ford, Sr. as he Paige Collier did not always know she Law School, Russ served as an Attorney/Law retires from the Ford Motor Company Board of would be a schoolteacher. She took a person- Clerk for Ohio’s Fourth District Court of Ap- Directors and in wishing him the best of luck ality test at the age of seventeen that told her peals. Later, Russ quickly became Chief Legal as he becomes Director Emeritus. that her ideal career would be as a motiva- Counsel to the Ohio Bureau of Employment f tional speaker. She doubted this was right for Services where he directed a legal program affecting nearly 230,000 Ohio employers. HONORING THE CONTRIBUTIONS her, but, at the assurance of her friends, she OF SHERRY FRANCE, BARTON realized she did possess an ability to inspire The consummate professionalism with which J. Russell Keith has served the people MIDDLE SCHOOL TEACHER OF others. THE YEAR Paige has since used this ability to be an of the State of Ohio by crafting evolving state outstanding elementary school teacher. She labor decisions, primarily on issues of bar- cites several elements that contribute to her gaining, deserves the highest commendation. HON. HENRY CUELLAR teaching ability: a passion to love and serve His proficiency as General Counsel, leader- OF TEXAS people, a devotion to putting children first, and ship as Acting Executive Director, and com- IN THE HOUSE OF REPRESENTATIVES passion as a friend of all Ohioans will be sore- the desire to continuously learn and grow. Tuesday, May 10, 2005 Paige contributes to her school community ly missed upon his departure from the State in many ways. She organizes an annual Story- Employment Relations Board. Mr. CUELLAR. Mr. Speaker, I rise to recog- book Festival and mentors her fellow teachers, Mr. Speaker, I ask my colleagues to join me nize the accomplishments of Sherry France, caring for their students as if they were her in paying special tribute to J. Russell Keith in Barton Middle School Teacher of the Year. own. Yet her greatest accomplishment re- recognition of his superlative administrative Sherry France was inspired to teach by her mains the connections she establishes within service to Ohio’s State Employment Relations grandmother, who taught grades one through her own classroom. Board. On behalf of the people of the Fifth twelve in a one-room school house in rural I am honored to recognize Paige Collier as District of Ohio, I am proud to recognize his Virginia. A high school art teacher sparked her the Hemphill Elementary School Teacher of many accomplishments. We wish Russ and interest in teaching art, and after attending the Year. Her dedication to her students and his family all the best as we salute one of Radford College, she began her career. her passion to serve her community are a Ohio’s finest citizens. Some of Sherry’s fondest memories come shining example to all teachers. f from former students who have since become architects, designers, and artists. Sherry has f REMARKS ON WILLIAM CLAY set up a website that is updated regularly with A SPECIAL TRIBUTE TO J. RUS- FORD, SR’S RETIREMENT FROM samples of her class projects. The site offers SELL KEITH IN RECOGNITION OF FORD MOTOR COMPANY’S BOARD students a chance to have their work available HIS SERVICE TO OHIO’S STATE OF DIRECTORS for their families and friends to see. EMPLOYMENT RELATIONS Sherry France strives to teach her students BOARD HON. THADDEUS G. McCOTTER how to see what is beyond the surface. She OF MICHIGAN believes that if you expect the highest quality, HON. PAUL E. GILLMOR IN THE HOUSE OF REPRESENTATIVES your students will surprise you. It is my privilege to acknowledge Sherry OF OHIO Tuesday, May 10, 2005 IN THE HOUSE OF REPRESENTATIVES France, Barton Middle School Teacher of the Mr. MCCOTTER. Mr. Speaker, I rise today Year. Her passion and love of teaching have Tuesday, May 10, 2005 to honor William Clay Ford, Sr. for 57 years of been a blessing to her community. Mr. GILLMOR. Mr. Speaker, it is my great dedicated service as a member of Ford Motor f pleasure to pay special tribute to a friend and Company’s Board of Directors. He has served ally of the public employers and employees of on the Board with distinction for over half of HONORING THE LIFE OF HARRIS the State of Ohio. Since 1994, J. Russell Keith Ford Motor Company’s history of almost 102 COUNTY PRECINCT 4 CONSTABLE has served as General Counsel for the State years. As the only surviving grandson of the DEPUTY FRANK ‘‘SCOTT’’ Employment Relations Board. As he prepares late Henry Ford and father of the current CLABORN to depart the Board after nearly eleven years chairman, he uniquely links Ford’s past and of dedicated service, the many state employ- future. HON. KEVIN BRADY ers and employees of Ohio’s Fifth Congres- Mr. Ford has had a long and distinguished OF TEXAS sional District offer our thanks. career of service to Ford Motor Company. He IN THE HOUSE OF REPRESENTATIVES As General Counsel, J. Russell Keith has was elected to the Board in 1948, a year be- provided legal direction to SERB as its mem- fore his graduation from Yale University. When Tuesday, May 10, 2005 bers work to protect the rights of the public the Design Committee of Ford’s Policy and Mr. BRADY of Texas. Mr. Speaker, I rise sector, which includes nearly 365,000 public Strategy Committee was formed in 1957, Mr. today to honor the life and memory of Harris employees under Ohio Revised Code 4117. Ford became its first chairman, a post he held County Precinct 4 Constable Deputy Frank For more than a decade, Russ has worked until 1989. ‘‘Scott’’ Claborn who was killed by a drunk tirelessly to craft thoughtful and fair labor law In 1978, Mr. Ford was elected chairman of driver while escorting a road construction truck for Ohio’s public sector. As an accomplished the Executive Committee and appointed a in Harris County, Texas on February 19, 2004. attorney, Russ has been a determined advo- member of the Office of the Chief Executive. Claborn and his family reside in Magnolia, cate for the people of Ohio. From 1980 until 1989, he served as vice chair- Texas in the Eighth Congressional District.

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MY8.018 E10PT1 E920 CONGRESSIONAL RECORD — Extensions of Remarks May 10, 2005 Deputy Claborn and 13 other Texas Law tial leader who changed the course of our his- intendent’s office, been a member of the cam- Enforcement Officers will be honored at the tory for the better. pus leadership team, and acted as PTA rep- National Law Enforcement Officers Memorial By conducting the Watergate impeachment resentative. in Washington, DC, on May 15, 2005. hearings with fairness, Peter Rodino ensured Lisa works with a wide variety of students: Deputy Claborn’s wife of 16 years, Paula that the rule of law prevailed during one of the some average learners, some gifted students, Claborn and her 11-year-old son Tanner will gravest Constitutional crises in our history. and some with special needs. This has com- remember a husband and father whose devo- As the Washington Post noted, he spoke pelled her to find a common thread with which tion and love of family was unsurpassed. before this House when the Watergate im- to tie together the learning process in her Paula’s father, David Hill, the highly re- peachment hearings began and said: ‘‘What- classroom. Her own curiosity and love of spected and loved constable for Montgomery ever the result, whatever we learn or con- learning have enabled her to bring a level of County Precinct 5, told a reporter in the days clude, let us now proceed with such care and fun to the classroom that allows all of her stu- following the accident that, ‘‘He (Scott) was decency and thoroughness and honor that the dents to participate in the learning process. one of the best fathers I have ever seen. I vast majority of the American people, and their I am honored to recognize Lisa DeLand as could not have handpicked a better son-in- children after them, will say: ‘That was the the Tobias International Elementary School law.’’ right course. There was no other way.’’’ Teacher of the year. Her love of learning and Praise for Claborn also came from his fellow He did all that and more. His contribution dedication to her students are a true asset to officers and colleagues, some of whom he had was inestimable. both the school and the community. worked with for 14 years. One remarked that Americans will be forever grateful for his f he was very kind, never complained, and al- courage and for his defense of the Constitu- ways had a smile on his face. tion. IN SUPPORT OF THE FAIR Like many law enforcement officers Claborn Though most renowned for the service he CURRENCY PRACTICES ACT OF 2005 worked extra jobs to supplement his regular rendered during the Watergate impeachment income. His son, Tanner has juvenile diabe- hearings, Peter Rodino also left a lasting im- HON. DONALD A. MANZULLO tes. The extra work, like escorting the con- print as a distinguished Chairman of the OF ILLINOIS struction vehicle the night he was killed, House Judiciary Committee and author of sig- IN THE HOUSE OF REPRESENTATIVES helped augment the cost of the $6,000 insulin nificant legislation, ranging from civil rights to Tuesday, May 10, 2005 pump Tanner needed. Tanner, bright and pop- immigration reform to protecting consumers. ular young man, was released from the hos- He was a main sponsor of the Civil Rights Mr. MANZULLO. Mr. Speaker, a country pital just 3 days before his father lost his life. Act of 1966 and authored the extension to the that manipulates its currency for the purposes The drunk driver had a blood alcohol level Voting Rights Act in 1982. He reformed immi- of gaining an advantage in foreign markets three times over the legal limit. gration quotas and promoted fair housing violates many of the basic rules of the inter- Deputy Claborn’s sacrifice touched many laws. And he was one of the authors of the national monetary system established after lives in the Houston region. The 100 Club of Hart-Scott-Rodino Act that protects consumers World War II. However, despite repeated evi- Houston pledged $10,000 as a college schol- by preventing anticompetitive mergers. dence that numerous countries are not letting arship for Tanner. The Harris County Precinct He was a legislative and legal giant whose market forces determine the value of their cur- 4 Constable’s Victims Assistance Unit set up work continues to have a profound impact on rency, our nation’s laws set an extremely high a memorial fund to help pay for medical bills the lives of Americans. threshold for us to take any effective action and other expenses. The Magnolia Community Peter Rodino’s 4 decades of service in Con- against other nations that intervene heavily in has rallied to the family’s side. gress can be exemplified by the words of the currency markets. The main purpose of the The Claborn family and hundreds of others Constitution that he did so much to protect Fair Currency Practices Act of 2005 is to give will gather in our Nation’s Capital to honor the and defend: ‘‘to form a more perfect Union, our government agencies the tools they need lives and memories of the men and women establish Justice . . . and secure the bless- to effectively combat illegal foreign govern- who devoted their careers and laid down their ings of liberty to ourselves and our posterity.’’ ment intervention in the global currency mar- lives to make our communities safer. Peter Rodino’s passing is a personal loss to kets, particularly those efforts that are specifi- It is so fitting that a memorial to these offi- me. I was honored to have served with him, cally designed to boost their local economy at cers, like Scott Claborn, who patrolled neigh- and he was always very kind to me. the expense of the workers of the United borhoods and safeguarded communities from He was a great source of pride and inspira- States. across the country be located in Washington. tion to all of us in the Italian-American commu- The Fair Currency Practices Act of 2005 It is because of their faithful duty that Amer- nity. has three key provisions. The first would alter ican citizens enjoy the liberties and freedoms I hope his wife Joy and his children take the criteria by which the Treasury Department others are left only to dream about. comfort in the prayers and thoughts of the is required to enter into negotiations with for- Mr. Speaker, I know this family. They are many whom he inspired and served. We will eign countries that it labels as currency manip- wonderful people who love their family, their miss him greatly. ulators. The second would further clarify the God and their Country. I ask you to join me in f working definition of manipulation under the saluting the thousands of law enforcement offi- Exchange Rates and International Economic cers on patrol every day on our streets and HONORING THE CONTRIBUTIONS Policy Coordination Act of 1998. Finally, the consider the sacrifice they and their families OF LISA DELAND, TOBIAS INTER- Fair Currency Practices Act of 2005 would in- routinely render. NATIONAL ELEMENTARY SCHOOL struct the U.S. Treasury Department to under- TEACHER OF THE YEAR f take an extensive examination of China’s trade surplus, with particular attention paid to EXPRESSING CONDOLENCES TO HON. HENRY CUELLAR China’s suspect trade data, and report on its THE FAMILY OF LATE CON- OF TEXAS findings. GRESSMAN PETER W. RODINO, IN THE HOUSE OF REPRESENTATIVES Current law requires that Treasury regularly JR. make a determination of whether countries are Tuesday, May 10, 2005 manipulating the rate of exchange between HON. NANCY PELOSI Mr. CUELLAR. Mr. Speaker, I rise to recog- their currency and the U.S. dollar for purposes OF CALIFORNIA nize the many accomplishments of Lisa of preventing effective balance of payments IN THE HOUSE OF REPRESENTATIVES DeLand, Tobias International Elementary adjustments or gaining an unfair competitive School Teacher of the Year. advantage in international trade. If The Sec- Tuesday, May 10, 2005 Lisa DeLand became a teacher nine years retary of Treasury considers that such manipu- Ms. PELOSI. Mr. Speaker, I rise to express ago, after obtaining a Bachelor of Science and lation is occurring with respect to countries our heartfelt condolences to the family of the Associates Degree in foreign language at the that (1) have material global current account late Congressman Peter W. Rodino Jr. of New University of Texas at Austin. To this day, she surpluses and (2) have significant bilateral Jersey and my sorrow on his passing. says she still considers it ‘‘going to school’’ in- trade surpluses with the United States, the A man of integrity and humility, Congress- stead of ‘‘going to work.’’ Secretary is required to take action to initiate man Peter Rodino was a great American who Throughout her tenure, Lisa has worked on negotiations with such foreign countries on an served our nation with great dignity and honor. several district and campus committees, expedited basis. The Fair Currency Practices He was truly a historic figure and consequen- served as liaison between campus and super- Act of 2005 amends the 1988 Omnibus Trade

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MY8.023 E10PT1 May 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E921 Act by eliminating the necessity that a country CONGRATULATING IRVIN LEVIN Rogers, Elm Elementary School Teacher of has both a significant bilateral trade surplus ON HIS RETIREMENT the Year. with the United States and a material global Catherine Rogers first realized she wanted current account surplus, before the Secretary HON. PATRICK J. KENNEDY to be a teacher when she was a student in the of the Treasury is required to enter into nego- OF RHODE ISLAND second grade. She stapled her finger while tiations with the offending country to end its IN THE HOUSE OF REPRESENTATIVES hanging papers on the bulletin board, trying to unfair practices. The change requires such ne- Tuesday, May 10, 2005 be just like her teacher. Catherine was a gotiations if there is either a significant bilat- teacher’s assistant while in high school, volun- Mr. KENNEDY of Rhode Island. Mr. Speak- eral trade surplus with the United States or a teered in low-income schools while in college, er, today I rise with my Rhode Island col- material global current account surplus. and later served as a Teaching Fellow while league, Congressman JIM LANGEVIN, in rec- Under current law, even if manipulation is getting her Masters in Education at Texas ognition and tribute to a distinguished Rhode found, Treasury is not required to act unless State University. Islander, Irvin Levin. Many of Irv’s colleagues the offending country has both a significant bi- Catherine credits her mother with teaching in the real estate and insurance business will lateral trade surplus with the U.S. and a mate- her the importance of putting her heart and miss him as he retires, and Rhode Islanders rial global current account surplus. Treasury soul into the school and the students. She all over the state have been touched by his repeatedly fails to make a determination that feels that teaching is more than lectures and leadership in the business community, in gov- certain countries, most notably China, are ma- homework; teaching requires a willingness to nipulating their currency. The 1988 Trade Act ernment, and in his community. Irvin Levin was born on July 21, 1915 in become an important part of the life of each unfortunately does not specifically define ‘‘ma- student. nipulating.’’ The Fair Currency Practices Act of Providence, Rhode Island and is truly a mem- Catherine says that teaching is her ‘‘heart 2005 clarifies that a country engaged in ‘‘pro- ber of our nation’s Greatest Generation. He and soul,’’ and she loves learning new things tracted large-scale intervention in one direction lived through the Great Depression, served his from her colleagues, parents, and students in the exchange market’’ is manipulating its country honorably with the Army during World every day. currency. However, the Fair Currency Prac- War II, and came back to help build America tices Act of 2005 does not preclude the Sec- to the great country and society it is today. I am honored to recognize Catherine S. retary of Treasury from finding a country to be Receiving his real estate license in 1959, Rogers as the Elm Grove Elementary School manipulating its rate of exchange based on Mr. Levin’s practice was widely respected by Teacher of the Year. Her enthusiasm and joy any other factor or combination of factors. his colleagues and valued by his clients, as for teaching are invaluable to both her school Finally, the bill addresses a problem with his numerous honors and awards can attest. and her community. the way Treasury determines China’s global He was twice recognized as Realtor of the current account and trade balances. Currently, Year by the Greater Providence Board of Re- f altors, and he was honored as the Rhode Is- the U.S. Treasury Department and the Inter- RECOGNIZING THE BUFFALO DRUG land Realtor of the Year in 1993. His col- national Monetary Fund (IMF) use official Chi- TREATMENT COURT nese statistics, which differ markedly from the leagues elevated him to the President of the aggregate statistics of its trading partners. Rhode Island Association of Realtors in 1990. This results in an inaccurate depiction of Chi- Yet even while managing a successful real HON. BRIAN HIGGINS na’s true surplus, which is presumably much estate practice, Irv still found time to represent OF NEW YORK larger than reported by China. The Fair Cur- his community and fight for a better Rhode Is- IN THE HOUSE OF REPRESENTATIVES rency Practices Act of 2005 requires that land. Irv represented Cranston and the citi- Tuesday, May 10, 2005 Treasury undertake an examination of China’s zens of the 27th District of Rhode Island for trade surplus and report to the Congress on 20 years. While in the General Assembly, Irv Mr. HIGGINS. Mr. Speaker, in December why China’s reported trade surpluses differ was Vice Chairman of the House Corporations 1995, the Buffalo Drug Treatment Court was from those reported by its trading partner Committee. Drawing upon his own record of established. The Buffalo Drug Treatment Court countries. military service and insights as a veteran, Irv is recognized as a national mentor court and Mr. Speaker, all nations, most particularly chaired the Joint Committee on Veterans Af- training site, providing the focus and leader- China, must let the free markets determine the fairs. In 1991, Irv retired from the Assembly as ship for community-wide, anti-drug systems, value of their currency, not use government its Dean, the longest serving Member, but he bringing together criminal justice, treatment, resources to artificially depress the value of a continued his work in public service. education and other community partners in the nation’s currency to boost their economic Irv later served as President of the Greater fight against drug abuse and criminality. The growth. This scheme costs U.S. manufacturers Cranston Chamber of Commerce. Irv contin- Honorable Thomas P. Amodeo, Buffalo City billions of dollars in lost exports and de- ued to fight for his fellow veterans: serving on Court Chief Judge, and the Honorable Robert creased market share in the U.S. each year the Rhode Island Advisory Board of Veterans T. Russell, Jr., Presiding Judge of the Buffalo while putting American workers on the unem- Affairs, leading the advocacy efforts of the Drug Treatment Court are dedicated to the ployment lines. We all know the specific prob- Jewish War Veterans, and later serving as principle of restorative justice. They, along lems in dealing with China—in 2004, the U.S. President of the United Veterans Council of with their community partners in treatment and trade deficit with China reached a record level Rhode Island. rehabilitation services, recognize the value of of $162 billion, the highest with any country in I’m deeply honored to have served with Irv fair justice for the non-violent substance abuse U.S. history. Yet, while China’s economy has Levin during his years in the Rhode Island offenders. The Buffalo Drug Treatment Court certainly grown and strengthened in recent General Assembly and to honor him today on combines intensive judicial supervision, man- years, China’s currency has been tightly the floor of House of Representatives as he datory substance abuse treatment, on-site pegged to the U.S. dollar ever since 1994. retires. His combination of community involve- drug testing and escalating incentives and Most economists believe that China’s currency ment, civic leadership, and business acumen sanctions to break the cycle of drug addiction is overvalued at between 15 to 40 percent, sets of model for others to follow in the future and its concomitant crime and societal harm. making U.S. goods much more expensive in and Rhode Island is deeply grateful for his The Buffalo Drug Court Alumni Association is China and Chinese goods in the U.S. much years of service. composed of graduates of the Buffalo Drug more attractive to buy (at the expense of simi- f Court Program who provide ongoing ex- larly-made U.S. products), contributing to as HONORING THE CONTRIBUTIONS change, support, assistance and volunteer much as 25 percent of our bilateral trade def- OF ELM GROVE ELEMENTARY service for those who have successfully com- icit. China is long due for a correction in its SCHOOL TEACHER OF THE YEAR pleted the Drug Treatment Court. In recogni- currency value to reflect its global economic CATHERINE S. ROGERS tion of all Buffalo Drug Court Graduates, the prowess. Americans stand ready to compete Buffalo Drug Court Alumni Association and the with anyone in the world. But the competition HON. HENRY CUELLAR Buffalo Drug Treatment Court are coming to- must be fair. The Fair Currency Practices Act gether to sponsor a luncheon honoring the OF TEXAS of 2005 will give our government the tools Treatment Counselors and Community on May IN THE HOUSE OF REPRESENTATIVES necessary to hold all nations of the world ac- 12, 2005. This celebration of Buffalo Drug countable for currency manipulation (not just Tuesday, May 10, 2005 Court is symbolic of the care, compassion and China) and level the playing field for our work- Mr. CUELLAR. Mr. Speaker, I rise to recog- spirit of Buffalo, and the hope we have for our ers. nize the accomplishments of Catherine S. community and our citizens.

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A10MY8.026 E10PT1 E922 CONGRESSIONAL RECORD — Extensions of Remarks May 10, 2005 CONFERENCE REPORT ON H.R. 1268, HONORING THE CONTRIBUTIONS most important teacher, Ms. Roberta L. Stew- EMERGENCY SUPPLEMENTAL OF ABIGAIL HERNANDEZ LEH- ard. APPRPRIATIONS ACT FOR DE- MAN HIGH SCHOOL TEACHER OF Mr. Speaker, I am very proud to commend FENSE, THE GLOBAL WAR ON THE YEAR Ms. Santoro on her many fine achievements. TERROR, AND TSUNAMI RELIEF By all accounts, she is a major source of pride ACT, 2005 HON. HENRY CUELLAR to herself, her family, her school and the resi- OF TEXAS dents of the 1st Congressional District. I wish SPEECH OF IN THE HOUSE OF REPRESENTATIVES her every continued success in the future. Tuesday, May 10, 2005 HON. HILDA L. SOLIS f Mr. CUELLAR. Mr. Speaker, I rise to recog- OF CALIFORNIA nize the many accomplishments of Abigail TRIBUTE TO MR. GEORGE POOLE IN THE HOUSE OF REPRESENTATIVES Hernandez, Lehman High School Teacher of the Year. Thursday, May 5, 2005 Abigail Hernandez is a graduate of South- HON. JEFF MILLER west Texas State University, where she re- OF FLORIDA Ms. SOLIS. Mr. Speaker, today I voted in ceived a BS in mathematics with a teaching support of the Fiscal Year 2005 Iraq and Tsu- certification. She is currently working on a IN THE HOUSE OF REPRESENTATIVES nami Relief Supplemental Conference Report. Masters in mathematics education, but she Tuesday, May 10, 2005 This decision was very difficult for me. I voted has no interest in leaving the field of teaching. for this legislation because it includes vital Her parents were part of the first generation Mr. MILLER of Florida. Mr. Speaker, I was equipment and services that our troops des- of high school graduates from Goliad, Texas, saddened to learn recently of the passing of perately need. The bill also provides funding the town where she was raised. Although they Mr. George Poole, a distinguished senior man- for needed vehicle armor and personal protec- never had the opportunity to attend college, ager with the Department of Veterans Affairs’ tion for our courageous troops and increases they instilled the importance of a good edu- Insurance Service. VA’s Insurance Service financial support to families of fallen heroes. cation in Abigail. She began her career as a has long been recognized as one of the finest- While I strongly oppose the war in Iraq, I be- tutor of algebra, offering her peers assistance managed organizations within the federal gov- lieve it is our government’s duty to protect our free of charge. ernment, due in no small measure to Mr. troops which this Congress sent into the line Now a high school algebra and geometry Poole and his commitment to our of fire, as well as their families. teacher, Abigail Hernandez continues her tire- servicemembers, veterans, and their survivors. less efforts to educate those around her by While I voted for this measure, I strongly op- Few Americans can match George’s years encouraging her students to speak out and pose the REAL ID provisions in it. REAL ID of devoted service to country. He began his take risks. She is currently being honored as gives blanket authority to the United States public career by serving in the United States the Lehman High School Teacher of the Year. Department of Homeland Security to build any Air Force from 1964 through 1968. Following I am honored to recognize the accomplish- roads or barriers at any time and at any bor- his honorable discharge, he received bachelor ments of such an industrious and hardworking der without having to answer to State or Fed- and law degrees, taking full advantage of the teacher. Her passion for teaching enriches the VA-administered GI Bill. Who can doubt that eral authorities and laws. Its driver’s license lives of her whole community. provisions overturn States’ rights and impose his military service and studies made possible a massive unfunded mandate on States, while f by the GI Bill inspired him to pursue a career dedicated to helping fellow veterans. This doing nothing to address our outdated immi- HAIL TO CLAIRE E. SANTORO, dedication translated into a distinguished 28– gration system. PRESIDENTIAL SCHOLAR year career with the VA’s Insurance Service, I am very disappointed that the REAL ID where he served from 1977 until his death provision was included in a bill to fund support HON. WM. LACY CLAY April 27th. for our military forces and their families and OF MISSOURI While it is difficult to highlight just one of his relief for tsunami victims. While I acknowledge IN THE HOUSE OF REPRESENTATIVES many accomplishments, surely his creation that our immigration system is broken, this Tuesday, May 10, 2005 and development of the Insurance Service’s legislation is not the right vehicle to do it and ‘‘Special Outreach’’ effort warrants particular Mr. CLAY. Mr. Speaker, I rise today to REAL ID is not the right approach to fix it. I mention. This outreach involves matching in- honor an outstanding young American, Claire support comprehensive immigration reform, surance participation and disability reports E. Santoro, of University City, Missouri, who not attempts by the Republican majority in from various sources to identify recently sepa- was recently designated as a Presidential Congress and President Bush to give the rated, seriously injured veterans who have not Scholar. This honor distinguishes Ms. Santoro American people a false sense of security at taken advantage of VA’s life insurance pro- as one of our Nation’s most accomplished the cost of our civil liberties and values. That grams. Based on the efforts of George and his high school seniors. is why I urged conferees on the Supplemental staff, over $96 million in insurance proceeds bill to remove these harmful provisions from Presidential scholars are selected for their have been provided to veterans’ survivors. the conference report. Reform of our complex accomplishments in academics and the arts, Few among us have had such a dramatic and and outdated immigration system deserves a as well as for their leadership skills, commu- positive impact on the lives of so many others. separate and extensive dialogue, and I will nity service and civic contributions. Seven- teen-year-old Ms. Santoro is among 141 presi- Mr. Poole was always available to provide continue to fight for immigration policy which invaluable research, data, and program expla- both protects our homeland and respects the dential scholars who will be honored next month in a ceremony in Washington, DC. nations to the members and staff of the House millions of hard-working immigrants in this Na- Committee on Veterans’ Affairs—often on tion. Among her many accomplishments, Ms. Santoro has played varsity field hockey and short notice. As such, his expertise and pro- While I remain deeply opposed to the REAL soccer for four years. She is a member of the fessional manner were essential to the Com- ID and its inclusion in this conference report, National Honor Society, the mock trial team mittee when crafting bipartisan legislation. I do not believe withholding funds from our and is in charge of the dance chorus for her Mr. Speaker, as Chairman of the Sub- dedicated military and tsunami victims is right. school’s spring musical. committee on Disability Assistance and Memo- There should be no question that I remain This spring Claire will graduate from Univer- rial Affairs, the subcommittee with jurisdiction very concerned about the Bush Administra- sity City High School, in St. Louis County. over VA’s insurance programs, I extend my tion’s lack of a clear exit strategy in Iraq. How- Next fall she will attend Brown University in sincere condolences to Mr. Poole’s wife, ever, I am committed to our troops, and I will Providence, Rhode Island, where she intends Denise; his two sons, Todd and Corey; his continue to fight for a clear plan so they can to study educational policy and environmental granddaughter, Madeline; and his equally be reunited with their families and democracy issues. I have also been informed that her dedicated coworkers at the VA Regional Office can thrive in an Iraq run by Iraqis. academic success has been inspired by a and Insurance Center in Philadelphia.

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A10MY8.031 E10PT1 May 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E923 HONORING THE CONTRIBUTIONS facility pro-bono. Not only would the museum Mr. Speaker, true American heroes like OF CHRIS SMITH, HAYS CONSOLI- improve the economy of the community, it Sanford Walke should be honored for their DATED HIGH SCHOOL TEACHER would improve the morale and incorporate a service to our Nation and for their commitment OF THE YEAR spirit of generosity to everyone who became and sacrifices in battle. I am honored to involved with the museum and its efforts. present Mr. Walke with his long-overdue Pur- HON. HENRY CUELLAR The Jimmy Stewart Museum, located di- ple Heart. He is truly one of America’s great- rectly across from the site of his father’s hard- OF TEXAS est generation. ware store, opened to the public on May 20, IN THE HOUSE OF REPRESENTATIVES f 1995, Stewart’s 87th birthday. Since then it Tuesday, May 10, 2005 has welcomed tens of thousands of visitors HONORING THE CONTRIBUTIONS Mr. CUELLAR. Mr. Speaker, I rise to recog- from all over the world to view an extensive OF JANET CAROL PATTERSON, nize the exhaustive contributions of Chris collection of personal, local, and film industry WALLACE MIDDLE SCHOOL Smith, Hays Consolidated High School Teach- memorabilia. Included in the collection is the TEACHER OF THE YEAR er of the Year. Oscar awarded to Stewart for his Best Actor Chris began his career as a youth minister, performance in The Philadelphia Story, as well HON. HENRY CUELLAR and soon teaching became a passion. As a as particular emphasis on his service to his OF TEXAS Math teacher, he surprised his coworkers by country during WWII where he served as a IN THE HOUSE OF REPRESENTATIVES successfully pairing Special Education stu- bomber pilot in the European Theater and re- Tuesday, May 10, 2005 dents with honors students to work on joint tired with the rank of brigadier general. projects in the computer lab. Many of his stu- While the contributions of Jimmy Stewart to Mr. CUELLAR. Mr. Speaker, I rise to recog- dents improved as much as 15 points on the both community and the arts are undeniably nize the contributions of Janet Carol Patter- Math TAKS over the last 2 years. deserved, the recognition for those who had son, Wallace Middle School Teacher of the Yet for Chris Smith, the true judgment of his the foresight and determination to preserve Year. accomplishments is self-imposed. He strives the memory of such an extraordinary life must From a young age, Janet expressed the de- to be a classroom entertainer, a friend, a fa- not go unnoticed. Notable supporters Nick and sire to work with young people, helping out ther figure, and sometimes a teacher as well. Nina Clooney and comedian Rich Little gener- with youth groups at her church. Her interest His greatest asset is to positively change the ously donate their time to assist in the efforts stemmed from a desire to have a positive in- course of another person’s life. of keeping the museum at its best. The mu- fluence on the lives of the children in her com- Chris demonstrates to his students that they seum is a true testament to the character of munity. are each special and important. He endeavors Indiana and I am proud of the devotion the Janet sees her greatest accomplishments to mold his students into adults that enjoy life, town has shown towards their favorite son and through the successes of her students. She is love to laugh, and will create a positive impact subsequently to each other in the creation of proud to offer inspiration each year, encour- on one another. this museum. aging her students to believe in themselves It is my privilege to acknowledge Chris Mr. Speaker, I congratulate the Jimmy and always do their best. Smith, the Hays Consolidated School Teacher Stewart Museum on its 10th Anniversary and Janet Carol Patterson has taught Language of the Year. Chris’s passion and love of teach- offer my genuine best wishes for many pros- Arts in the Hays CISD school district for 24 ing sets a shining example for all in his com- perous years to come. years. Among her numerous contributions and munity. f accomplishments, she values the relationships f IN HONOR OF SANFORD WALKE, she has developed with her students the most. PURPLE HEART RECIPIENT She has been described as ‘‘a teacher who RECOGNIZING THE JIMMY STEW- leaves an imprint on her students’ hearts,’’ ART MUSEUM OF INDIANA, PA and a ‘‘second mom.’’ Janet greets her stu- HON. GINNY BROWN-WAITE dents at the door with a handshake, and en- OF FLORIDA HON. BILL SHUSTER deavors to open their hearts, as well as their IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA minds. Tuesday, May 10, 2005 IN THE HOUSE OF REPRESENTATIVES I am honored to acknowledge Janet Carol Patterson, Wallace Middle School Teacher of Tuesday, May 10, 2005 Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today to honor Mr. Sanford the year. Her hard work and dedication enrich Mr. SHUSTER. Mr. Speaker, I rise today to Walke of Hernando Beach, FL. A chief engi- the lives of everyone in her community. recognize with great pride the Jimmy Stewart neer in the Army during World War II, Mr. f Museum of Indiana, Pennsylvania, in honor of Walke received the Purple Heart for his heroic the 10th anniversary of its opening. Honoring actions in battle. THE PENSION FAIRNESS AND the life of a motion picture icon and American Mr. Walke was in the Army from November FULL DISCLOSURE ACT patriot, the Jimmy Stewart Museum preserves 1942 through November 1945, serving during all aspects of Indiana, Pennsylvania’s favorite World War II in the European Theatre. As- HON. GEORGE MILLER son. signed to the 398th Bomb Group—8th Air OF CALIFORNIA While most Americans remember Jimmy Force, Mr. Walke was a chief engineer on a IN THE HOUSE OF REPRESENTATIVES Stewart as idealistic Jefferson Smith in Mr. B17. Tuesday, May 10, 2005 Smith Goes to Washington, watching him go On a flight to Germany on July 8, 1944, Mr. toe-to-toe with Katherine Hepburn in The Walke’s plane was shot down over France. Mr. GEORGE MILLER of California. Mr. Philadelphia Story, and welcoming George The last one to jump out of the plane, Mr. Speaker, I rise today to introduce ‘‘The Pen- Bailey into their homes every year at Christ- Walke’s parachute had a missing panel that sion Fairness and Full Disclosure Act,’’ legisla- mas to find out why exactly It’s A Wonderful made him fall to the ground faster than would tion to end the gross discrepancies between Life, the people of Indiana proudly remember normally occur. Ironically, the parachute mal- the way the retirement packages of a com- him as a good neighbor and citizen dedicated function saved his life because the enemy on pany’s rank and file employees and top-execu- to his beloved hometown where his family re- the ground was shooting at him the entire tives are treated. sided for generations. time, but was unable to accurately target his Executive compensation packages often It is for this reason they came together to fall. provide lavish golden parachutes that are hid- develop the Jimmy Stewart Museum which be- Mr. Walke was taken as a prisoner of war den from employees, shareholders, and regu- came a community effort in every sense of the and held in a German prison camp. Months lators. Employees are told the company has words. While modesty initially shied Jimmy later, he and 2,000 other POW’s walked for 75 little choice but to cut their pay and benefits, Stewart himself away from the idea of such a days and 500 miles on a forced march before while being kept in the dark about the fortunes project, he came to understand the economic he was able to escape with another British that companies shower on executives who benefits the museum could produce for the soldier. They were hiding in a barn in a Ger- have presided over the company’s failure. area. With the creation of the Jimmy Stewart man village when British tanks rolled in and In fact, extensive executive packages are Foundation in 1994 the project catapulted into took over the town. The British took care of often increased at the very same time their action with local volunteers, financial backers, him from there until he was able to reunite employees’ pensions are cut. As employees and even a local architect who designed the with Americans. are asked to give back benefits they have

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MY8.035 E10PT1 E924 CONGRESSIONAL RECORD — Extensions of Remarks May 10, 2005 earned, executives are often padding their RECOGNIZING THE CAREER AND Mrs. Poshard is married to one of our own retirement packages. The executives who RETIREMENT OF MRS. JOSE- former colleagues, the Honorable Glenn make the critical decisions to save or scrap PHINE POSHARD, TEACHER, AT Poshard, and lives in Murphysboro, Illinois. employee pension plan rarely share the pain CARTERVILLE, COMMUNITY UNIT Mr. Speaker, I ask my colleagues to join me in an expression of appreciation to Mrs. Jose- of their decisions—but are perversely re- SCHOOL DISTRICT NO. 5 IN CARTERVILLE, ILLINOIS phine Poshard for her years of dedicated serv- warded for cutting company liabilities to their ice to education and to wish her the very best workers. HON. JERRY F. COSTELLO in the future. My legislation brings greater equity to the f OF ILLINOIS private pension system by requiring full disclo- IN THE HOUSE OF REPRESENTATIVES SUPPORT TAIWAN’S INCLUSION sure of executive compensation packages to INTO THE WORLD HEALTH ORGA- Tuesday, May 10, 2005 employees, and by linking the benefits in ex- NIZATION ecutive compensation plans to those of the Mr. COSTELLO. Mr. Speaker, I rise today to rank-and-file for whom these executives bear ask my colleagues to join me in recognizing HON. DAN BURTON responsibility. the career and retirement of Mrs. Josephine OF INDIANA A 2003 Executive Excess report by United (Jo) Poshard, third grade teacher at the IN THE HOUSE OF REPRESENTATIVES Carterville Community Unit School District No. for a Fair Economy found that the median pay Tuesday, May 10, 2005 5, in Carterville, Illinois. for executives at the 30 companies with the Mrs. Poshard has devoted 32 years to edu- Mr. BURTON of Indiana. Mr. Speaker, I rise most underfunded pension plans in 2002 was cating the youth of Southern Illinois, serving today in strong support of Taiwan’s application $5.9 million, or 59 percent higher than the meas a teacher, cheerleading sponsor, choral di- for observer status as a ‘‘Health Entity’’ for dian pay for executives at the typical large rector and yearbook sponsor. She has been next week’s annual World Health Organization company. These 30 companies had a com- the third grade teacher at the Carterville Com- (WHO) Assembly in Geneva, Switzerland, and bined $131 billion pension deficit in 2002, but munity Unit School District No. 5 for the past to respectfully encourage other international organizations to more actively engage Taiwan paid their executives a combined $352 million. 20 years. During that time, in addition to her devoted education of the students in her in their activities. While the underfunding threatened em- Even though Taiwan was a founding mem- classroom, Mrs. Poshard has served on nu- ployee pensions, 19 of these executives saw ber of WHO, every May, for the past eight merous committees and in many capacities. years, when the World Health Assembly their pay rise, and 10 saw their pay more than One of her most significant extra-curricular meets to consider the acceptance of new double in 2002. The executive pensions them- contributions has been as Team Leader of the members to the WHO, it systematically denies selves are exorbitant. A review of 2004 proxy Math School Improvement Plan. Through her Taiwan access to the global health organiza- statements from 500 large companies by Cor- leadership, the school has consistently ex- tion. Even with last year’s support from the porate Library for the New York Times re- celled on the Illinois Standard Achievement United States and Japan, Taiwan—among the vealed that 113 chief executives could expect Test. leaders in Asia in important health indicators, retirement benefits of more than $1 million per Mrs. Poshard graduated from Southern Illi- such as life expectancy and infant mortality— year. At least 31 would see $2 million or more nois University at Carbondale with University was once again rejected. per year. A list of some of the more recent Honors. While at Southern Illinois University, Regardless of the fact that the World Health and well-publicized outrages on how executive she was asked to join Alpha Lambda Delta, a Assembly has routinely allowed observers to national society that honors academic plans and rank-and-file plans are treated is at- participate in the activities of the Organization, achievement. tached to this letter. including the Sovereign Military Order of Mrs. Poshard began her teaching career at Malta, the Holy See, and even the Palestine ‘‘The Pension Fairness and Full Disclosure Thompsonville High School in Thompsonville, Liberation Organization; regardless of the fact Act’’ makes overdue changes in pension law Illinois. She taught four sections of English as that Taiwan’s population of almost 23,000,000 to end these grotesque disparities in the way well as Journalism, Girls’ Physical Education people is greater than that of 3⁄4 of the mem- the retirement security of employees and ex- and she was the Cheerleading sponsor. ber states already in the World Health Organi- ecutives are treated. After 3 years at St. Elmo Junior High School zation; regardless of the fact that Taiwan has and a year as a substitute teacher in several repeatedly expressed a willingness to assist fi- Corporations that file for Chapter 11 bank- community schools, Mrs. Poshard accepted a ruptcy and shift unfunded pension liabilities to nancially and technically in international aid position as first grade teacher at the New and health activities supported by the WHO; the Pension Benefit Guaranty Corporation Simpson Hill School District at Tunnel Hill. and, regardless of the fact that direct and un- (PBGC), or convert their traditional pension While at New Simpson Hill, Mrs. Poshard obstructed participation in international health plans to cash balance plans in a way that earned certification for Gifted and Talented cooperation forums and programs is beneficial does not protect older workers, would not be students and implemented the Gifted program for all parts of the world, especially today with permitted to increase executive deferred com- at her school. With this new program, she was the great potential for the cross-border spread pensation for directors and officers for a 5- teaching gifted students in grades four through of various infectious diseases such as the year period without incurring a 100 percent ex- eight while also teaching first grade. human immunodeficiency virus (HIV), tuber- cise tax. In 1984, Mrs. Poshard brought her years of culosis, and malaria, our European Union col- experience and dedication to Carterville Com- leagues continue to shortsightedly side with Corporations with underfunded rank-and-file munity Unit School District No. 5, in China and exclude Taiwan. pension plans would be prohibited from pro- Carterville, Illinois, as a third grade teacher. Unfortunately, this political and diplomatic viding any funding for executive pension plans She has served that community by guiding, dance has had a real world cost in terms of unless and until their rank-and-file plans are at molding and enriching the lives of the boys Taiwanese lives lost during outbreaks of life least 75% funded. and girls entrusted to her care from 1984 until threatening diseases, including Severe Acute Corporations would have to disclose the full her retirement this year. Respiratory Syndrome (SARS) and the Mrs. Poshard has demonstrated her dedica- value of their executive compensation plans enterovirus epidemic in 1998. The SARS and tion to her chosen profession of teaching in avian influenza outbreaks should remind all of when they move to terminate the plans in numerous ways. She has consistently devoted us that disease knows no boundaries and re- bankruptcy or make amendments to the plan an average of 50 to 60 hours a week to her inforce the importance of allowing all people to freeze benefits or reduce future accruals. job, refusing to be absent unless she was ex- access to the World Health Organization. As For far too long, some companies have irre- tremely ill. She applies the same expectation the pace of globalization quickens, the spread sponsibly rewarded their executives while un- of excellence to herself that she does to her of infectious disease will only accelerate. fairly cutting or eliminating their employees’ students. The real measure of Mrs. Poshard’s Not only will the Taiwanese benefit from pensions. I invite my colleagues to join me in success lies in the accomplishments of her membership in the WHO through engagement students. Even though she is retiring at the with the international community in the com- supporting and passing ‘‘The Pension Fair- end of this school year, Mrs. Poshard’s influ- mon pursuit of raising the quality of public ness and Full Disclosure Act.’’ ence will live on in the lives of the over 1,000 health and providing for the welfare of its citi- students she has taught over 32 years. zens, but so will their neighbors throughout

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MY8.039 E10PT1 May 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E925 the Asia Pacific region, indeed the world, on this issue, and I strongly believe the impor- In my district, the Buffalo-based Roswell through interoperability, pooled resources, and tance of this day cannot be overstated. Park Cancer Institute, RPCI, and the Univer- the sharing of technical expertise. I firmly be- It is true, scientists have long known about sity of Rochester Medical Center, URMC, are lieve that Taiwan’s inclusion in the WHO will the anatomical differences between men and supporting many research efforts on ovarian help ensure global health safety and our own women. However, only within the past decade cancer. As a member of the Gynecologic On- national security by allowing all WHO coun- has the scientific community begun to inves- cology Group, RPCI participates in most na- tries to more comprehensively and quickly co- tigate and uncover significant biological and tional trials to improve the prevention, detec- ordinate global efforts to combat deadly out- physiological differences between men and tion and treatment of gynecologic cancers. breaks of diseases and any future epidemics. women. From genes to behavior, women and They also collaborate in the Ovarian Cancer Mr. Speaker, the people of Taiwan deserve men are now gaining greater knowledge of Early Detection Program sponsored by the the same level of public health as the citizens their unique differences. As a result, they are National Cancer Institute. RPCI is evaluating of every nation on earth, and I stand in sup- able to better achieve optimal healthcare. the anti-angiogenesis factor IM862 in the treat- port of their continued desire and commitment The Society for Women’s Health Research ment of recurrent ovarian carcinoma. Through to be included in the WHO. I urge all of my has led efforts to shed light on the distinctions the Gilda Radner Familial Ovarian Cancer colleagues to join me in encouraging the in women’s health. Through the Society’s tire- Registry, RCPI collects data on familial ovar- United States delegation in Geneva to stand in less persistence on behalf of women’s health, ian cancer. RPCI continues to research strong support of Taiwan’s application for in- they have engaged and supported the sci- glycoproteins and tumor markers in ovarian clusion into the World Health Organization. entific community to investigate these cancer. Researchers at the URMC are inves- f dissimilarities. Over the last fifteen years, the tigating tumor suppression gene identification Society has worked to ensure that women are for ovarian cancer and are conducting several HONORING THE CONTRIBUTIONS included in clinical trials and that the analysis phase III trials to identify treatments for OF KRISTI JACKSON, FUENTES of research include sex differences at all lev- women with ovarian cancer. ELEMENTARY SCHOOL TEACHER els. I commend the Society for Women’s Despite the critical work of RPCI and OF THE YEAR Health Research for its tireless efforts to in- URMC, ovarian cancer research and edu- crease understanding of sex differences and cation continues to be significantly under-fund- HON. HENRY CUELLAR to improve the health of women. ed compared to other cancers. In the last 10 OF TEXAS One health issue that affects women very years, funding for prostate cancer, has indifferently than men is cancer. In fact, every creased 20 fold, while funding for ovarian can- IN THE HOUSE OF REPRESENTATIVES 6.4 minutes, a woman in the U.S. is diag- cer has only increased 2.5 percent. Not sur- Tuesday, May 10, 2005 nosed with a form of gynecologic cancer. This prisingly, there has been substantial progress Mr. CUELLAR. Mr. Speaker, I rise to recog- year, 28,000 American women are expected in prostate cancer detection and treatment, nize the many accomplishments of Kristi Jack- to die from gynecologic cancers. For example, while achievements in ovarian cancer re- son, Fuentes Elementary School Teacher of ovarian cancer is a gynecologic cancer, and it search continue to lag far behind. According to the Year. is the fourth leading cause of cancer deaths the Ovarian Cancer National Alliance, $37 mil- Kristi Jackson was inspired to become a among women in the United States. It kills lion in outstanding ovarian cancer proposals teacher by her mother, a devoted teacher her- more women than all other gynecologic can- will not been funded in 2005 due to limited re- self, who taught Kristi to do the job whole- cers combined. The incidence of ovarian can- sources. heartedly and with a great deal of compassion cer has actually increased over several years. Ovarian cancer is one example of the dis- and a sense of humor. Kristi now teaches at Up from 1 in 70 women in past years, ovarian parities women face in health research, pre- the same school as her mother, joining her in cancer now occurs in 1 in 57 women. In com- vention, and treatment. While progress has their shared goal of watching their students parison, prostate cancer mortality rates been made in some areas in recent years, become successful in the classroom and be- peaked in 1991 and have since decreased by there is still much more we must do to im- yond. about 33 percent, while deaths from ovarian prove women’s health. We need additional re- Kristi Jackson is taking her mother’s work a cancer have risen. According to the American sources and we need Congressional action. I step further, answering her call to develop Cancer Society, ovarian cancer deaths rose am pleased to be a cosponsor of H.R. 1245, teacher leadership through empowerment and by almost 20 percent in just one year from also known as Johanna’s Law. This legislation encouragement learned from her principal. 2003 to 2004. While 25,500 women will be di- will authorize a federal campaign for Kristi also feels that it is her most important agnosed with ovarian cancer this year, more gynecologic cancer education designed to im- contribution to instill a love of reading in her than 16,000 women will die from the disease, prove early detection. It is one important step students, the same love of reading she has including over 1,000 women in New York in closing the healthcare gap between men had herself ever since her mother read her State. and women, and it should be enacted without bedtime stories as a child. Although there is only a 25 percent five-year delay. Kristi hopes one day that the walls of her survival rate when ovarian cancer is diag- As we celebrate National Women’s Health classroom expand beyond her students, to in- nosed in the later stages, if the cancer is Week and the achievements made to improve clude all the teachers and students of her caught before it has spread outside the ova- the health and well being of women, I urge my school. ries, there is a greater than 90 percent sur- colleagues to take a moment to reflect on the I am honored to recognize Kristi Jackson as vival rate of five years. However, the sad re- differences in health between men and women the Fuentes Elementary School Teacher of the ality is that only 24 percent of ovarian cancer and encourage us to make a much stronger Year. Her love for her students and fellow is caught early. Even more frustrating, early commitment to promoting women’s health in teachers is a credit to her school and her detection and treatment of ovarian cancer is this country. community. oftentimes hindered due to lack of under- f standing by both women and their healthcare f SEX DIFFERENCES ON HEALTH providers. Most women and healthcare profes- AWARENESS DAY SEX DIFFERENCES IN HEALTH sionals think ovarian cancer is asymptomatic, AWARENESS DAY but new studies indicate that ovarian cancer does have symptoms, even in the early stage HON. CAROLYN B. MALONEY HON. LOUISE McINTOSH SLAUGHTER of the disease. Reliable screening tests do not OF NEW YORK IN THE HOUSE OF REPRESENTATIVES OF NEW YORK exist for the early detection of ovarian cancer Tuesday, May 10, 2005 IN THE HOUSE OF REPRESENTATIVES and a Pap smear only checks for cervical cancer. However, a bimanual pelvic exam, a Tuesday, May 10, 2005 Mrs. MALONEY. Mr. Speaker, I rise today in Ca125 blood test, or a transvaginal ultrasound recognition of Sex Differences in Health Ms. SLAUGHTER. Mr. Speaker, as part of can help rule out ovarian cancer, but only if Awareness Day. National Women’s Health Week, the Society women and their doctors are aware of these Scientists have long known of the anatom- for Women’s Health Research is recognizing options. With women’s lives at stake, we ical differences between the sexes, but we today as ‘‘Sex Differences in Health Aware- clearly need to do a better job of educating also know that diseases and drugs can affect ness Day.’’ The intent of this day is to draw at- women and, especially, their physicians, so men and women differently. tention to the biological health differences be- that early detection of ovarian cancer be- Thanks to the efforts of the Society for tween women and men. I am proud to reflect comes the norm. Women’s Health Research over the last fifteen

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MY8.041 E10PT1 E926 CONGRESSIONAL RECORD — Extensions of Remarks May 10, 2005 years to mandate that women be included in Most recently, scientists have discovered tion in 1973. He served his first five years as clinical trials and that analysis of research in- significant information with respect to the lead- College Director before becoming President in clude sex differences at all levels, from genes ing role the X chromosome plays in the lives 1978. During his tenure, he oversaw the Col- to behavior, women and men are now gaining of both women and men. Therefore, women’s lege’s growth from a young, fledging institution greater knowledge of their unique differences health research is critical to all of us. to a nationally-recognized leader in tribally- and optimal health care. While progress has been made in recent controlled post-secondary education. Not only Sex differences have been found every- years, there is still much more that Congress has Dr. Monette lead the way in helping the where from the composition of bone matter can do to improve women’s health. The Office College achieve excellence, but his efforts and the experience of pain to the metabolism of Research on Women’s Health, ORWH, in have also truly enhanced the entire community of certain drugs and the rate of brain activity. the Office of the Director at NIH must be fully in Belcourt, North Dakota. After 27 great Through sex-based biology research, the funded so that it can continue supporting the years, he will be difficult to replace. study of biological and physiological dif- expansion and funding of peer-reviewed Spe- I know that Dr. Monette will be sorely ferences between men and women, scientists cialized Centers of Research on Sex and Gen- missed by all who have known his dedication have discovered many differences between der Factors Affecting Women’s Health, SCOR, to the Turtle Mountain Band of Chippewa in men and women in terms of their health. and the Building Interdisciplinary Research North Dakota and American Indians across For example: Careers in Women’s Health, BIRCWH, pro- the nation. I offer him my congratulations and Heart disease kills 500,000 American grams. best wishes for his continued success and women each year—over 50,000 more women ORWH has taken the critical long-term lead happiness in his well-earned retirement years. than men—and strikes women, on average, in partnering with various NIH institutes and f ten years later than men. centers to advance research on women’s Three out of four people suffering from auto- health and on sex and gender factors, result- HONORING THE CONTRIBUTIONS immune diseases, such as multiple sclerosis, ing in the following developments: the preven- OF NADINE HOGAN BUDA ELE- rheumatoid arthritis, and lupus, are women. tion of cervical cancer with an HPV vaccine; MENTARY SCHOOL TEACHER OF Lung cancer is the leading cancer killer of decreasing cardiovascular disease in middle- THE YEAR American women, causing an estimated 25 aged women by preventing recurrent episodes percent of cancer deaths in women in 2004. of depression; basic science advances in sys- HON. HENRY CUELLAR Several studies have indicated that compared temic Lupus Erythematosis research; and dis- OF TEXAS to men, women who smoke are more likely to covery of bone loss acceleration before the IN THE HOUSE OF REPRESENTATIVES develop lung cancer at a younger age and at final menstrual period leading to an important Tuesday, May 10, 2005 lower levels of exposure to cigarette smoke. finding related to osteosporosis-related frac- Mr. CUELLAR. Mr. Speaker, I rise to recog- HIV/AIDS is the fourth leading cause of tures. death for women aged 35–44, and the sixth nize the many accomplishments of Nadine In addition, I urge Congress to pass legisla- Hogan, Buda Elementary School Teacher of leading cause of death for women aged 25–34 tion that I have introduced with Representative in the United States. The efficiency of male-to- the Year. PRYCE, H.R. 949, the Women’s Health Office Nadine Hogan is a self-described ‘‘crooked female infection of HIV is more than two times Act, a bill to provide permanent authorization flyer.’’ She achieved a Masters degree in Ac- higher than that of female-to-male infection. for existing offices of women’s health in five counting, going through the motions of higher Women are two to three times more likely federal agencies: the Department of Health than men to suffer from depression. education because she felt it was what she and Human Services; the Centers for Disease was ‘‘supposed’’ to do. Nadine always loved Women comprise 80 percent of the popu- Control and Prevention; the Agency for lation suffering from osteoporosis. children, and wanted to help those ‘‘flying Healthcare Research and Quality; the Health crooked.’’ After graduate school, she spent Women are two times more likely than men Resources and Services Administration; and to contract a sexually transmitted disease. time working as a therapist with children in the Food and Drug Administration. This will foster care. Until the 1990s, biomedical research was allow these offices to carry out their important firmly rooted in the male model—the belief In 1999, she responded to an urgent call for work without facing underfunding, under- additional teachers. She became a Special that male biology (outside of the reproductive staffing, or elimination in the future. system) was representative of the species and Educator because there were children who Congress should further encourage NIH to needed help, help she knew she could pro- that where female biology differed from male update and modify its guidelines to actively biology, it was ‘‘atypical’’ or ‘‘anomalous.’’ vide. Nadine Hogan can always get a child promote sex differences research at all levels, ready to learn by focusing on life lessons stu- Change occurred in the early 1990s to ad- including basic research in cell and tissue cul- dress the dearth of knowledge about female dents can apply to every facet of their edu- ture, development and study of appropriate cation. biology caused by the lack of inclusion of animal models, and in early stage clinical re- women in clinical research studies due to poli- Students have a high regard for Nadine be- search. cause of the ‘‘fun’’ they have in her classes. cies and practices seeking to protect the fetus I would like to commend the Society for from harm should a study participant become She loves her kids, and she loves her job. Women’s Health Research for its research I am honored to recognize the Nadine pregnant. about the differences between men’s and Hogan as the Buda Elementary School Teach- Now that women are included in clinical re- women’s health needs. er of the Year. Her hard work and passion search, much has been discovered about how f have left a lasting contribution with each of her different women are from men. students. Research on women’s health can both im- HONORING DR. GERALD ‘‘CARTY’’ prove and save lives. As a result of such re- MONETTE f search, death rates have decreased for HONORING ZEE FERRUFINO AND women with tumors of the cervix, breast, uter- HON. EARL POMEROY KBNO RADIO us, and ovary due to advances in detection OF NORTH DAKOTA and treatment, such as the development of a IN THE HOUSE OF REPRESENTATIVES HON. MARK UDALL cervical cancer vaccine. Quality of life has OF COLORADO also improved for cancer patients through the Tuesday, May 10, 2005 IN THE HOUSE OF REPRESENTATIVES development of less invasive surgical tech- Mr. POMEROY. Mr. Speaker, I rise today to niques, organ-sparing treatments, and better honor a colleague and dear friend of mine as Tuesday, May 10, 2005 control of pain and nausea related to chemo- he retires as President of the Turtle Mountain Mr. UDALL of Colorado. Mr. Speaker, I rise therapy. Community College in my state of North Da- today to honor a great Colorado businessman Additionally, research on women’s health kota. I have had the privilege of knowing Dr. and community leader, Zee Ferrufino. Mr. can lead to less expensive treatments and ‘‘Carty’’ Monette since first being elected to Ferrufino is the owner and CEO of Latino cost-saving prevention strategies. For exam- Congress in 1992 and have seen firsthand the Communications which is the parent company ple, the total economic value to Americans leadership and devoted service he has pro- to KBNO 1280AM Radio in Denver. from reductions in mortality from cardio- vided in developing the College into the strong KBNO ‘‘Que Bueno’’ has long been the vascular disease, which strikes 50,000 more institution that it is today. leader in Denver’s Hispanic radio market women than men each year, averaged $1.5 Dr. Monette has been with the Turtle Moun- reaching over half a million people in the Den- trillion annually between 1970 and 1990. tain Community College ever since its incep- ver metro area. Recently, for the first time in

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MY8.045 E10PT1 May 10, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E927 its history, KBNO ranked #1 among adults I’m proud to work with my colleagues to ad- Clara County Superior Court; Margaret M. aged 18–44. All of this—in spite of my occa- dress issues of special concern to the Asian Abe, community leader and activist and 2004 sional appearance on the radio speaking in and Pacific Islander American community: pro- recipient of the Norman Y. Mineta Lifetime broken Spanish! tecting Social Security, ensuring equal access Achievement Award; Cynthia Chang, member Zee doesn’t attribute the success of KBNO to healthcare, providing for a quality edu- of the Los Gatos-Saratoga Joint Union High simply to the growth in Colorado’s Hispanic cation, and safeguarding civil rights. These are School District Board of Trustees; Yoshihiro community, though he acknowledges that is the principles that reflect this year’s theme of Uchida, president of Uchida Enterprises, Inc. certainly a component. As a successful busi- ‘‘Liberty and Freedom for All.’’ and community leader; Nancy Hatamiya, chief nessman, he recognizes the importance that I want to particularly pay tribute to three fall- of staff to Assemblymember Pedro Naba with the strong purchasing power of the Hispanic en heroes in the Asian and Pacific Islander over 15 years of public service; Lon Hatamiya, community has played in elevating the suc- American community this year: my dear friend secretary of the California Technology, Trade cess of Spanish radio. He points out that in and colleague Representative Bob Matsui, Dr. and Commerce Agency; Alfred Chuang, 1990, there were about 2,000 Hispanic-owned John B. Tsu, and Fred Korematsu. These ex- founder, president and CEO of BEA Systems; businesses, by the year 2000 that number had traordinary men stood for equality, justice, and Emily Cheng, first female Chinese American jumped to 30,000, and in ten years it is ex- freedom for all Americans and I join my col- mayor of a city in the Bay Area, Los Altos pected to increase to 60,000. It is increasingly leagues in remembering their unparalleled leg- Hills; and Art Takahara, former mayor and critical for the mainstream media to adjust to acies. councilmember of the city of Mountain View these changing market forces. Zee has long- It would be impossible to name every single and CEO of De Anza Manufacturing Services. recognized this trend and has remained ahead extraordinary Asian American in California’s f of the curve. 14th Congressional District, but I do want to In addition to being a successful Colorado recognize some of the outstanding community IN HONOR OF MARGARET HUMMER businessman for several decades, Zee is a leaders, elected officials and activists I’m MAY prominent community leader. In 1997, former proud to call my constituents and friends: Alice Colorado Governor Dick Lamm presented him Bulos, State Chair of the Filipino Caucus; HON. SAM FARR with the ‘‘Americans by Choice’’ award and in Yamei Lee, leader and activist within the Tai- OF CALIFORNIA 1983 he was given the ‘‘Outstanding Business wanese Community; Karyl Matsumoto, mem- IN THE HOUSE OF REPRESENTATIVES Person’’ by the Minority Business and Profes- ber of the South San Francisco City Council; Tuesday, May 10, 2005 sional Directory. In addition, he was the recipi- the late Cpl. Burnrok Lee, a Sunnyvale resi- ent of the Small Business Administration’s Ad- dent who lost his life serving our country in Mr. FARR. Mr. Speaker, I rise to honor the vocate of the Year Award and the Daniel Iraq; the late Iris Chang, author of ‘‘The Rape life and memory of Margaret Hummer May, a Ritchie Ethics in Business Award. He was also of Nanking’’; Jessica Yu, Academy Award win- devoted wife, mother, teacher and political ac- selected by former Colorado Governor Roy ner for the documentary film ‘‘Breathing Les- tivist. She spent her life working to make her Romer to serve on the International Business sons’’; Margaret Abe-Koga, former member of community a better place to live in. Margaret Development Committee. the Santa Clara County Board of Education; is survived by her 5 children, Monica May, Zee has been a leading advocate in the His- Paul Fong, professor of political science at Ev- Irene Lawler, Robert P. May, Theresa May panic community working diligently on issues ergreen Valley College and a local business Duggan, and Joanne May White as well as of importance like education, economic devel- owner; Randy Okamura, SBC’s director of her 7 grandchildren and 6 great-grandchildren. opment and civil rights. More than that, he is Regulatory and Constituency Relations for Before meeting her late husband, James T. a role model not only for young Hispanics, but California; Michael Chang, former city of May, she received a Bachelor’s Degree with for anyone who has dreams of success and Cupertino councilmember; Dean Chu, mayor honors from the University of Utah and served the fortitude to carry out those dreams. I ask of the city of Sunnyvale; Otto Lee, city of as Home Service Director of the Salt Lake my colleagues to join with me in honoring a Sunnyvale councilmember; Homer Tong, Chapter of the Red Cross. Margaret and great American success story, KBNO Radio, chemistry teacher at De Anza College and James lived in Alisal and Salinas for over 50 and Zee Ferrufino. member of the Fremont Union High School years where she was involved at Sacred Heart Que bueno! District Board of Trustees; Pearl Cheng, Church and volunteered for the State Mental f former president and current member of the Health Program. She eventually received her Cupertino Union School District Board of teaching credentials from UC Santa Cruz and IN HONOR OF ASIAN PACIFIC taught in bilingual pre-schools in the Salinas AMERICAN HERITAGE MONTH Trustees; Joyce Iwasaki, Director of Commu- nity Affairs for Sugimura & Associates Archi- Elementary School District. tects, founder of the Ed Iwasaki Memorial Margaret was devoted to the ideals of social HON. ANNA G. ESHOO Fund Scholarship Project and the Midori Kai justice and world peace which is apparent OF CALIFORNIA Professional Women’s Group; Patrick Kwok, though her political activism as well as through IN THE HOUSE OF REPRESENTATIVES mayor of the city of Cupertino; Kris Wang, city her numerous volunteer activities. Margaret Tuesday, May 10, 2005 of Cupertino councilmember; Arthur Fong, re- showed her dedication to her community Ms. ESHOO. Mr. Speaker, I rise today join- cipient of a Lifetime Achievement Award from through her involvement in local politics. As a ing my many colleagues in celebrating and ob- Avenidas who has endowed scholarships at lifelong Democrat, she was an active member serving Mayas Asian Pacific American Herit- Stanford and UC Berkeley and has also fo- of the Democratic Women’s Club of Monterey age month. Nearly 17 percent of my constitu- cused on philanthropic support for health care County and she also worked for various polit- ents in California’s 14th Congressional District and the Palo Alto Medical Foundation; Yoriko ical campaigns. Mr. Speaker, please join me in honoring this self-identify as being of Asian, Hawaiian or Kishimoto, city of Palo Alto councilmember; amazing woman. Our community has lost a Pacific Islander descent and it’s an honor to Aileen Kao, city of Saratoga councilmember; dedicated public servant but her legacy will join them in a celebration of their heritage and Jerry Yang, CEO of Yahoo, Inc.; Kathryn Ho, live on through all she has achieved. culture. member of the Fremont Union High School Since the early 1800’s, Asian and Pacific Is- District Board of Trustees; Mark Shu, vice f lander Americans have played a crucial role in president of Hambrecht & Quist Asia; Talin HONORING THE CONTRIBUTIONS the development of our Nation. From the Shu, president of Hambrecht & Quist Asia; OF MARY ARIZPE, KYLE ELE- building of the transcontinental railroads, to T.N. Ho, member of the Santa Clara County MENTARY SCHOOL TEACHER OF the heroic contributions during the Civil War, Board of Education; Ben Liao, member of the THE YEAR to the sacrifices made by those wrongfully im- Cupertino Union School District Board of prisoned in internment camps during World Trustees; Hsing Kung, President and CEO of HON. HENRY CUELLAR War II, Asian Americans have made lasting Pine Photonics Communications; Ken Fong, OF TEXAS contributions to all facets of American society. CEO of CloneTech; David Mineta, member of IN THE HOUSE OF REPRESENTATIVES I have a great appreciation for the broad eth- the Jefferson Union High School District Board nic mosaic which makes our country great, of Trustees and associate director of Asian Tuesday, May 10, 2005 and it’s especially important this month that American Recovery Services for San Mateo Mr. CUELLAR. Mr. Speaker, I rise to recog- we recognize and pay tribute to the contribu- County; Karen Leong Clancy, member of the nize the extensive contributions of Mary tions of the Asian and Pacific Islander Amer- Belmont-Redwood Shores School District Arizpe, Kyle Elementary School Teacher of ican community to our country. Board of Trustees; Judge Erica R. Yew, Santa the Year.

VerDate Aug 04 2004 05:28 May 11, 2005 Jkt 039060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MY8.049 E10PT1 E928 CONGRESSIONAL RECORD — Extensions of Remarks May 10, 2005 Mary Arizpe began her teaching career at Mary began her career teaching a class of in early schooling prepares her students to seven by ‘‘grading’’ her siblings’ pictures in a two-year-olds. The children’s excitement was weather any future challenges they might en- coloring book. She advanced her budding ca- contagious, and she was amazed at how counter. reer by helping out in her mother’s Special much she enjoyed her job. Mary Arizpe teaches her students to like, if I am privileged to acknowledge Mary Arizpe, Education classes. Following the birth of her not love school. In her classroom, hugs and the Kyle Elementary School Teacher of the children, Mrs. Arizpe began baby sitting, and praise are given freely in a climate of accept- Year. Through her passion and love of teach- was lauded by friends because she didn’t just ance where all students can feel happy and ing, Mrs. Arizpe provides her community with watch the children—she taught them as well. successful. She believes teaching these traits an abundance of excellent leadership.

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HIGHLIGHTS Senate agreed to the Conference Report to accompany H.R. 1268, Emer- gency Supplemental Appropriations. House Committee ordered reported the following appropriations for Fis- cal Year 2006: The Department of Homeland Security; and the Inte- rior, Environment, and Related Agencies. Senate Relative to Former Liberia President Charles Chamber Action Ghankay Taylor: Senate agreed to H. Con. Res. Routine Proceedings, pages S4797–S4885 127, calling on the Government of the Federal Re- Measures Introduced: Ten bills and three resolu- public of Nigeria to transfer Charles Ghankay Tay- tions were introduced, as follows: S. 984–993, S.J. lor, former President of the Republic of Liberia, to Res. 18, S. Res. 135, and S. Con. Res. 31. the Special Court for Sierra Leone to be tried for war Page S4869 crimes, crimes against humanity, and other serious violations of international humanitarian law. Measures Reported: Page S4884 Report to accompany S. 250, to amend the Carl D. Perkins Vocational and Technical Education Act Transportation Equity Act: Senate continued con- of 1998 to improve the Act.(S. Rept. No. 109–65) sideration of H.R. 3, to authorize funds for Federal- Page S4869 aid highways, highway safety programs, and transit programs, taking action on the following amend- Measures Passed: ments proposed thereto: Pages S4849–59 Enrollment Correction: Senate agreed to S. Con. Adopted: Res. 31, to correct the enrollment of H.R. 1268. Hutchison Amendment No. 617 (to Amendment Pages S4849, S4879–80 No. 605), to limit the number offacilities at which Annual Letter Carriers Food Drive: Committee the Secretary may collect tolls in the State of Vir- on the Judiciary was discharged from further consid- ginia. Pages S4855–56 eration of S. Res. 133, recognizing the 13th Annual Pending: National Association of Letter Carriers Food Drive, Inhofe Amendment No. 605, to provide a com- and the resolution was then agreed to. Page S4883 plete substitute. Page S4849 A motion was entered to close further debate on Congratulating National Asphalt Pavement As- Inhofe Amendment No. 605 (listed above) and, in sociation: Senate agreed to S. Res. 135, congratu- accordance with the provisions of Rule XXII of the lating the National Asphalt Pavement Association on Standing Rules of the Senate, a vote on cloture will its 50th anniversary and recognizing the contribu- occur on Thursday, May 12, 2005. Page S4854 tions of members of the Association to the United A motion was entered to close further debate on States. Pages S4883–84 the bill and, in accordance with the provisions of Honoring Tuskegee Airmen: Committee on Rule XXII of the Standing Rules of the Senate, a Armed Services was discharged from further consid- vote on cloture will occur on Thursday, May 12, eration of H. Con. Res. 26, honoring the Tuskegee 2005. Page S4854 Airmen for their bravery in fighting for our freedom A unanimous-consent agreement was reached pro- in World War II, and for their contribution in cre- viding for further consideration of the bill at ap- ating an integrated United States Air Force, and the proximately 10:30 a.m. on Wednesday, May 11, resolution was then agreed to. Page S4884 2005. Page S4885 D455

VerDate Aug 04 2004 07:04 May 11, 2005 Jkt 039061 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MY5.REC D10MY5 D456 CONGRESSIONAL RECORD — DAILY DIGEST May 10, 2005 Emergency Supplemental Appropriations Act— within the jurisdiction of the subcommittee, of the Conference Report: By a unanimous vote of 100 proposed National Defense Authorization Act for fis- yeas (Vote No. 117), Senate agreed to the conference cal year 2006. report to accompany H.R. 1268, making Emergency AUTHORIZATION—DEFENSE Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief, for the fiscal Committee on Armed Services: Subcommittee on Airland year ending September 30, 2005, clearing the meas- met in closed session and approved for full com- ure for the President. Pages S4806–49 mittee consideration, those provisions which fall within the jurisdiction of the subcommittee, of the Messages From the House: Page S4867 proposed National Defense Authorization Act for fis- Measures Referred: Page S4867 cal year 2006. Measures Read First Time: Pages S4867–68 AUTHORIZATION—DEFENSE Executive Communications: Pages S4868–69 Committee on Armed Services: Subcommittee on Emerg- Additional Cosponsors: Pages S4869–71 ing Threats and Capabilities met in closed session Statements on Introduced Bills/Resolutions: and approved for full committee consideration, those Pages S4871–79 provisions which fall within the jurisdiction of the subcommittee, of the proposed National Defense Au- Additional Statements: Pages S4865–67 thorization Act for fiscal year 2006. Amendments Submitted: Pages S4880–82 IDENTITY THEFT Notices of Hearings/Meetings: Page S4882 Committee on Commerce, Science, and Transportation: Authority for Committees to Meet: Pages S4882–83 Committee concluded a hearing to examine issues re- Privilege of the Floor: Page S4883 lating to identity theft and fraud, focusing on data broker services and the treatment of such services Record Votes: One record vote was taken today. under existing State and Federal privacy laws, con- (Total—117) Pages S4848–49 sumer protection, and challenges in securing elec- Adjournment: Senate convened at 9:45 a.m. and tronic data, after receiving testimony from Kurt P. adjourned at 8:24 p.m. until 9:30 a.m., on Wednes- Sanford, LexisNexis, Miamisburg, Ohio; Douglas C. day, May 11, 2005. (For Senate’s program, see the Curling, ChoicePoint, Inc., Alpharetta, Georgia; Jen- remarks of the Acting Majority Leader in today’s nifer T. Barrett, Acxiom Corporation, Little Rock, Record on page S4885.) Arkansas; Paul B. Kurtz, Cyber Security Industry Alliance, Arlington, Virginia; Marc Rotenberg, Elec- Committee Meetings tronic Privacy Information Center, and Mari J. Frank, Mari J. Frank and Associates, Laguna Niguel, (Committees not listed did not meet) California. APPROPRIATIONS: DEFENSE MEDICAL NATIONAL PARK SERVICE HEALTH PROGRAM Committee on Energy and Natural Resources: Sub- Committee on Appropriations: Subcommittee on Defense committee on National Parks concluded a hearing to concluded a hearing to examine proposed budget es- examine the National Park Service’s funding needs timates for fiscal year 2006 for the Defense Medical for administration and management of the national Health Program, after receiving testimony from park system, after receiving testimony from Fran P. Lieutenant General Kevin C. Kiley, Surgeon General Mainella, Director, National Park Service, Depart- of the Army; Vice Admiral Donald C. Arthur, Sur- ment of the Interior; Greg Moore, Golden Gate Na- geon General of the Navy; Lieutenant General tional Parks Conservancy, San Francisco, California; George Peach Taylor, Jr., Surgeon General of the Air Robert Arnberger, The Coalition of National Park Force; Colonel Barbara J. Bruno, Deputy Chief, Service Retirees, Tucson, Arizona; and Lee Werst, Army Nurse Corps; Rear Admiral Nancy J. Association of National Park Rangers, Orem, Utah. Lescavage, Director, Navy Nurse Corps; and Major OSHA AND SMALL BUSINESS General Barbara C. Brannon, Assistant Air Force Surgeon General for Nursing Services. Committee on Health, Education, Labor, and Pensions: Subcommittee on Employment and Workplace Safe- AUTHORIZATION—DEFENSE ty concluded a hearing to examine ways to improve Committee on Armed Services: Subcommittee on the relationship between OSHA and small business, SeaPower met in closed session and approved for full focusing on OSHA rules and regulations to protect committee consideration, those provisions which fall the health and safety of small business employees,

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after receiving testimony from Jerrold Dodd, Dayton Representative Bob Barr, Liberty Strategies, LLC, United Metal Spinners, Inc., Dayton, Ohio, on be- Atlanta, Georgia, on behalf of the Patriots to Restore half of the National Association of Manufacturers; Checks and Balances; David Cole, Georgetown Uni- Arthur G. Sapper, McDermott, Will and Emery, versity Law Center, James X. Dempsey, Center for LLP, on behalf of the U.S. Chamber of Commerce, Democracy and Technology, Andrew C. McCarthy, and Lynn Rhinehart, AFL–CIO, both of Wash- The Foundation for the Defense of Democracies, and ington, D.C.; and Roy Swindal, Bessemer, Alabama. Suzanne E. Spaulding, The Harbour Group, LLC, all USA PATRIOT ACT of Washington, D.C.; Daniel P. Collins, Munger, Tolles, and Olsen, LLP, Los Angeles, California. Committee on the Judiciary: Committee concluded an oversight hearing to examine the implementation of INTELLIGENCE the USA PATRIOT Act (Public Law 107–56), fo- Select Committee on Intelligence: Committee held closed cusing on civil liberties, national security versus do- hearings on intelligence matters, receiving testimony mestic policing, and business records, after receiving from officials of the intelligence community. testimony from Senators Craig and Durbin; former Committee recessed subject to call.

VerDate Aug 04 2004 07:04 May 11, 2005 Jkt 039061 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MY5.REC D10MY5 D458 CONGRESSIONAL RECORD — DAILY DIGEST May 10, 2005 House of Representatives occasion of its centennial anniversary, by a 2/3 yea- Chamber Action and-nay vote of 413 yeas with none voting ‘‘nay’’, Measures Introduced: 40 public bills, H.R. Roll No. 163; Pages H3071–75, H3085–86 2207–2246; 1 private bill, H.R. 2247; and; 2 reso- Authorizing the use of the Capitol Grounds for lutions, H. Con. Res. 148, and H. Res. 270 were in- the Greater Washington Soap Box Derby: H. Con. troduced. Pages H3112–13 Res. 86, authorizing the use of the Capitol Grounds Additional Cosponsors: Pages H3113–14 for the Greater Washington Soap Box Derby; Reports Filed: Reports were filed today as follows: Pages H3075–76 H.R. 1037, to make technical corrections to title Authorizing the use of the Capitol Grounds for 17, United States Code (H. Rept. 109–75); the D.C. Special Olympics Law Enforcement Torch H. Res. 268, providing for consideration of H.R. Run: H. Con. Res. 135, authorizing the use of the 1279 to amend title 18, United States Code, to re- Capitol Grounds for the District of Columbia Special duce violent gang crime and protect law-abiding Olympics Law Enforcement Torch Run; and citizens and communities from violent criminals, and Pages H3076–77 for other purposes (H. Rept. 109–76); and Authorizing the use of the Capitol Grounds for H. Res. 269, providing for consideration of H.R. the National Peace Officers’ Memorial Service: H. 1544 to provide faster and smarter funding for first Con. Res. 136, authorizing the use of the Capitol responders, and for other purposes. (H. Rept. Grounds for the National Peace Officers’ Memorial 109–77). Pages H3111–12 Service. Pages H3077–79 Recess: The House recessed at 12:47 p.m. and re- Recess: The House recessed at 3:44 p.m. and recon- convened at 2 p.m. Page H3062 vened at 5:40 p.m. Page H3079 Capitol Preservation Commission—Appoint- Point of Personal Privilege: Representative Jack- ment: Read a letter from Representative Ney, Chair- son-Lee rose to a point of personal privilege and was man of the Joint Committee on the Library, wherein recognized. Pages H3079–84 he designated Representative Mica to serve on the Senate Message: Message received from the Senate Capitol Preservation Commission, as provided for in today appears on pages H3063, H3098. Public Law 101–696 Section 801. Page H3065 Senate Referral: S. 148 was referred to the Com- Suspensions: The House agreed to suspend the rules mittee on Education and the Workforce and the and pass the following measures: Committee on Energy and Commerce; S. Con. Res. Charles ‘‘Pete’’ Conrad Astronomy Awards Act: 31 was held at the desk. Page H3111 H.R. 1023, to authorize the Administrator of the Quorum Calls—Votes: Two yea-and-nay votes de- National Aeronautics and Space Administration to veloped during the proceedings today and appear on establish an awards program in honor of Charles pages H3084–85, H3085–86. There were no ‘‘Pete’’ Conrad, astronaut and space scientist, for rec- quorum calls. ognizing the discoveries made by amateur astronomers of asteroids with near-Earth orbit trajectories; Adjournment: The House met at 12:30 p.m. and Pages H3065–68 adjourned at 10:52 p.m. Expressing support to the organizers and participants of the Assembly to Promote the Civil So- Committee Meetings ciety in Cuba on May 20, 2005: H. Res. 193, expressing support to the organizers and participants of DEPARTMENT OF HOMELAND SECURITY the historic meeting of the Assembly to Promote the AND THE INTERIOR, ENVIRONMENT, AND Civil Society in Cuba on May 20, 2005, in Havana, RELATED AGENCIES APPROPRIATIONS by a 2/3 yea-and-nay vote of 392 yeas to 22 nays FOR FISCAL YEAR 2006; SUBALLOCATION with one voting ‘‘present’’, Roll No. 162; OF BUDGET ALLOCATIONS FOR FISCAL Pages H3068–71, H3084–85 YEAR 2006 Supporting the goals and ideals of a ‘‘Rotary Committee on Appropriations: Ordered reported the fol- International Day’’: H. Res. 142, supporting the lowing appropriations for fiscal year 2006: The De- goals and ideals of a ‘‘Rotary International Day’’ and partment of Homeland Security; and the Interior, celebrating and honoring Rotary International on the Environment, and Related Agencies.

VerDate Aug 04 2004 07:04 May 11, 2005 Jkt 039061 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MY5.REC D10MY5 May 10, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D459 The Committee also approved the Suballocation of OVERSEAS SECURITY Budget Allocations for Fiscal Year 2006. Committee on Government Reform: Subcommittee on TRANSPORTATION, TREASURY, HUD, THE National Security, Emerging Threats and Inter- JUDICIARY, DISTRICT OF COLUMBIA, AND national Relations held a hearing entitled ‘‘Overseas INDEPENDENT AGENCIES Security: Hardening Soft Targets.’’ Testimony was APPROPRIATIONS heard from Jess Ford, Director, International Affairs Committee on Appropriations: Subcommittee on the De- and Trade Division, GAO; the following officials of partments of Transportation, Treasury, and Housing the Department of State: Greg Starr, Deputy Assist- and Urban Development, the Judiciary, District of ant Secretary, Countermeasures, Bureau of Diplo- Columbia, and Independent Agencies held a hearing matic Security and Foreign Missions; Ambassador on the Federal Highway Administration and the Prudence Bushnell, Dean, School of Leadership and FAA. Testimony was heard from the following offi- Management, The George P. Shultz, National For- cials of the Department of Transportation: Mary E. eign Affairs Training Center; and Keith Miller, Di- Peters, Administrator, Federal Highway Administra- rector, Office of Overseas Schools; and public wit- tion; and Marion C. Blakey, Administrator, FAA. nesses. MUTUAL FUNDS REGULATIONS OVERSIGHT—USA PATRIOT ACT IMPLEMENTATION Committee on Financial Services, Subcommittee on Cap- ital Markets, Insurance, and Government Sponsored Committee on the Judiciary: Subcommittee on Crime, Enterprises held a hearing entitled ‘‘Mutual Funds: Terrorism, and Homeland Security held an oversight A Review of the Regulatory Landscape.’’ Testimony hearing on the Implementation of the USA PA- was heard from Meyer Eisenberg. Acting Director, TRIOT Act: Prohibition of Material Support under Division of Investment Management, SEC; and pub- Sections 805 of the USA PATRIOT Act and 6603 lic witnesses. of the Intelligence Reform and Terrorism Prevention Act of 2004. Testimony was heard from the fol- DOD COUNTERNARCOTICS BUDGET lowing officials of the Department of Justice: Glenn Committee on Government Reform: Subcommittee on A. Fine, Inspector General; Gregory Katsas, Deputy Criminal Justice, Drug Policy and Human Resources Assistant Attorney General; and Barry Sabin, Chief, held a hearing entitled ‘‘2006 DoD Counternarcotics Counterterrorism Section for the Criminal Division; Budget: Does it Deliver the Necessary Support?’’ and a public witness. Testimony was heard from the following officials of FASTER AND SMARTER FUNDING FOR the Department of Defense: Marybeth Long, Deputy FIRST RESPONDERS ACT Assistant Secretary, Special Operations and Low In- tensity Conflict; COL. John D. Nelson, USA, Direc- Committee on Rules: The Committee granted, by voice tor, Plans, Joint Task Force North, U.S. Northern vote, a structured rule providing one hour of general Command; CAPT. Edmund Turner, USN, Deputy debate on H.R. 1544, Faster and Smarter Funding Director, Current Operations, U.S. Southern Com- for First Responders Act, equally divided and con- mand; and CAPT. Jim Stahlman, USN, Assistant trolled by the chairman and ranking minority mem- Operations Officer, U.S. Central Command; and ber of the Committee on Homeland Security. The Lennard Wolfson, Assistant Deputy Director, Office rule waives all points of order against consideration of Supply Reduction, Office of National Drug Con- of the bill. The rule provides that the amendment trol Policy. in the nature of a substitute recommended by the Committee on Homeland Security now printed in CENSUS DATA—PUBLIC POLICY AND the bill shall be considered as an original bill for the URBAN AMERICA purpose of amendment. The rule waives all points of Committee on Government Reform: Subcommittee on order against the amendment in the nature of a sub- Federalism and the Census, hearing entitled ‘‘Life in stitute recommended by the Committee on Home- the Big City: What is Census Data Telling Us land Security. The rule makes in orderly only those About Urban America and are Policymakers Listen- amendments printed in the Rules Committee report ing?’’ Testimony was heard from Charles Louis accompanying the resolution. The rule provides that Kincannon, Director, Bureau of the Census, Depart- the amendments printed in the report may be con- ment of Commerce; Thomas M. Dowd, Deputy As- sidered only in the order printed in the report, may sistant Secretary, Employment and Training Admin- be offered only by a Member designated in the re- istration, Department of Labor; Mitchell Silver, Dep- port, shall be considered as read, shall be debatable uty Director, Long Range Planning, Office of Plan- for the time specified in the report equally divided ning, District of Columbia; and public witnesses. and controlled by the proponent and an opponent,

VerDate Aug 04 2004 07:04 May 11, 2005 Jkt 039061 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MY5.REC D10MY5 D460 CONGRESSIONAL RECORD — DAILY DIGEST May 10, 2005 shall not be subject to amendment, and shall not be Subcommittee on Defense, to hold hearings to examine subject to a demand for a division of the question the proposed budget estimates for fiscal year 2006 for the in the House or in the Committee of the Whole. Missile Defense Program, 10 a.m., SD–192. The rule waives all points of order against the Subcommittee on Labor, Health and Human Services, amendments printed in the report. Finally, the rule Education, and Related Agencies, to hold hearings to ex- provides one motion to recommit with or without amine issues relating to ALS (Lou Gehrig’s Disease), 10 a.m., SD–G50. instructions. Testimony was heard from Chairman Subcommittee on Legislative Branch, to hold hearings Cox and Representatives Bass, Thompson of Mis- to examine the proposed budget estimates for fiscal year sissippi, and Cuellar. 2006 for the Government Printing Office, the Congres- sional Budget Office, and the Office of Compliance, GANG DETERRENCE AND COMMUNITY 10:30 a.m., SD–116. PROTECTION ACT Committee on Armed Services: Subcommittee on Strategic Committee on Rules: The Committee granted, by voice Forces, closed business meeting to markup those provisions which fall under the subcommittee’s jurisdiction of vote, a structured rule providing one hour of general the proposed National Defense Authorization Act for Fis- debate on H.R. 1279, Gang Deterrence and Com- cal Year 2006, 9 a.m., SR–222. munity Protection Act, equally divided and con- Subcommittee on Personnel, closed business meeting to trolled by the chairman and ranking minority mem- markup those provisions which fall under the subcommit- ber of the Committee on the Judiciary. The rule tee’s jurisdiction of the proposed National Defense Au- waives all points of order against consideration of the thorization Act for Fiscal Year 2006, 10 a.m., SR–232A. bill. The rule provides that the amendment in the Subcommittee on Readiness and Management Support, nature of a substitute recommended by the Com- closed business meeting to markup those provisions mittee on the Judiciary now printed in the bill shall which fall under the subcommittee’s jurisdiction of the be considered as an original bill for the purpose of proposed National Defense Authorization Act for Fiscal amendment. The rule makes in order only those Year 2006, 11:30 a.m., SR–222. amendments printed in the Rules Committee report Full Committee, closed business meeting to markup the proposed National Defense Authorization Act for Fis- accompanying the resolution. The rule provides that cal Year 2006, 2:30 p.m., SR–222. the amendments printed in the report may be of- Committee on Commerce, Science, and Transportation: to fered only in the order printed in the report, may hold hearings to examine issues relating to spyware, 10 be offered only by a Member designated in the re- a.m., SR–253. port, shall be considered as read, shall be debatable Committee on Energy and Natural Resources: to hold hear- for the time specified in the report equally divided ings to examine S. 895, to direct the Secretary of the In- and controlled by the proponent and an opponent, terior to establish a rural water supply program in the shall not be subject to amendment, and shall not be Reclamation States to provide a clean, safe affordable, and subject to a demand for a division of the question reliable water supply to rural residents, 10 a.m., SD–366. in the House or in the Committee of the Whole. Subcommittee on Public Lands and Forests, to hold The rule waives all points of order against the hearings to examine S. 100, to authorize the exchange of amendments printed in the report. Finally, the rule certain land in the State of Colorado, S. 235 and H.R. provides one motion to recommit with or without 816, bills to direct the Secretary of Agriculture to sell certain parcels of Federal land in Carson City and Doug- instructions. Testimony was heard from Representa- las County, Nevada, S. 404, to make a technical correc- tives Forbes, Scott of Virginia, Jackson-Lee of Texas, tion relating to the land conveyance authorized by Public Waters, Crowley, Watson, Cardoza and Cuellar. Law 108–67, S. 741, to provide for the disposal of certain f Forest Service administrative sites in the State of Oregon, S. 761, to rename the Snake River Birds of Prey National COMMITTEE MEETINGS FOR Conservation Area in the State of Idaho as the Morley WEDNESDAY, MAY 11, 2005 Nelson Snake River Birds of Prey National Conservation Area in honor of the late Morley Nelson, an international (Committee meetings are open unless otherwise indicated) authority on birds of prey, who was instrumental in the establishment of this National Conservation Area, and Senate H.R. 486, to provide for a land exchange involving pri- Committee on Appropriations: Subcommittee on Labor, vate land and Bureau of Land Management land in the Health and Human Services, Education, and Related vicinity of Holloman Air Force Base, New Mexico, for Agencies, to hold hearings to examine the Gynecologic the purpose of removing private land from the required Cancer Education and Awareness Act of 2003, to provide safety zone surrounding munitions storage bunkers at for programs to increase the awareness and knowledge of Holloman Air Force Base, 2 p.m., SD–366. women and health care providers with respect to Committee on Foreign Relations: Subcommittee on Euro- gynecologic cancers, 9 a.m., SD–G50. pean Affairs, to hold hearings to examine the United

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States-European Union regulatory cooperation on emerg- Committee on Financial Services, hearing on H.R. 1999, ing technologies, 2:30 p.m., SD–419. State and Local Housing Flexibility Act of 2005, 2 p.m., Committee on Health, Education, Labor, and Pensions: Sub- 2128 Rayburn. committee on Bioterrorism and Public Health Prepared- Subcommittee on Financial Institutions and Consumer ness, to hold hearings to examine 21st century biological Credit and the Subcommittee on Domestic and Inter- threats, 2 p.m.,SD–430. national Monetary Policy, Trade, and Technology, joint Committee on Indian Affairs: to hold an oversight hear- hearing entitled ‘‘Basel II: Capital Changes in the U.S. ing to examine Federal recognition of Indian tribes, 9:30 Banking System and the Results of the Impact Study,’’ a.m., SD–106. 10 a.m., 2128 Rayburn. Committee on the Judiciary: business meeting to resume Committee on Government Reform, Subcommittee on Gov- mark up of S. 852, to create a fair and efficient system ernment Management, Finance, and Accountability, hear- to resolve claims of victims for bodily injury caused by ing entitled ‘‘Information Policy in the 21st Century— asbestos exposure, 9:30 a.m., SD–226. A Review of the Freedom of Information Act, 2 p.m., Select Committee on Intelligence: to hold a closed briefing 2247 Rayburn. on certain intelligence matters, 2:30 p.m., SH–219 Committee on International Relations, hearing entitled ‘‘Plan Colombia: MajorSuccesses and New Challenges,’’ 2 House p.m., 2172 Rayburn. Subcommittee on Europe and Emerging Threats, hear- Committee on Appropriations, Subcommittee on Foreign ing entitled ‘‘The State of U.S.-Turkish Relations,’’ 10 Operations, Export Financing, and Related Programs, on a.m., 2172 Rayburn. the Treasury Department, 10 a.m., 2359 Rayburn. Committee on the Judiciary, Subcommittee on Courts, the Subcommittee on the Departments of Transportation, Internet and Intellectual Property, oversight hearing on Treasury, and Housing and Urban Development, the Ju- Oversight of Public Performance Rights Organizations, 4 diciary, District of Columbia, and Independent Agencies, p.m., 2141 Rayburn. on the National Highway Traffic Safety Administration, Committee on Resources, Subcommittee on Forests and 10 a.m., 2358 Rayburn. Forest Health, hearing on the following bills: H.R. 38, Committee on Armed Services, Subcommittee on Military Upper White Salmon Wild and Scenic Rivers Act; H.R. Personnel, to mark up H.R. 1815, National Defense Au- 517, Secure Rural Schools and Community Self-Deter- thorization Act for Fiscal Year 2006, 1 p.m., 2118 Ray- mination Reauthorization Act of 2005; H.R. 539, Carib- burn. bean National Forest Act of 2005; and H.R. 1905, To Subcommittee on Projection Forces, to mark up H.R amend the Small Tracts Act to facilitate the exchange of 1815, National Defense Authorization Act for Fiscal Year small tracts of land, 3:30 p.m., 1334 Longworth. 2006, 11:30 a.m., 2212 Rayburn. Committee on Science, Subcommittee on Environment, Subcommittee on Terrorism, Unconventional Threats Technology, and Standards, hearing on Europe, China and and Capabilities, to mark up H.R. 1815, National De- the Use of Technical Standards as Trade Barriers: How fense Authorization Act for Fiscal Year 2006, 10 a.m., should the U.S. Respond? 2 p.m., 2318 Rayburn. 2212 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Education and the Workforce, Subcommittee committee on Highways, Transit, and Pipelines, oversight on Education Reform, to mark up H.R. 2123, School hearing on Hazardous Materials Endorsement Background Readiness Act of 2005, 10:30 a.m., 2175 Rayburn. Checks, 2 p.m., 2167 Rayburn. Committee on Energy and Commerce, to mark up H.R. Subcommittee on Railroads, oversight hearing on Get- 1817m Department of Homeland Security Authorization ting Acela Back on Track, 10 a.m., 2167 Rayburn. Act for Fiscal Year 2006, 2 p.m., 2123 Rayburn. Committee on Veterans’ Affairs, to mark up H.R. 2046, Subcommittee on Commerce, Trade, and Consumer Servicemembers’ Health Insurance Protection Act of Protection, hearing entitled ‘‘Security Consumers’ Data: 2005, 11 a.m., 334 Cannon. Options Following Security Breaches,’’ 11 a.m., 2123 Permanent Select Committee on Intelligence, hearing on the Rayburn. PATRIOT Act, 10 a.m. 2141 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, May 11 10 a.m., Wednesday, May 11

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 1279, routine morning business (not to extend beyond 60 min- Gang Deterrence and Community Protection Act of 2005 utes), Senate will continue consideration of H.R. 3, (subject to a rule). Transportation Equity Act.

Extensions of Remarks, as inserted in this issue

HOUSE Foley, Mark, Fla., E917 Ney, Robert W., Ohio, E915, E916, E917, E917, E918 Gillmor, Paul E., Ohio, E919 Pelosi, Nancy, Calif., E920 Brady, Kevin, Tex., E919 Harman, Jane, Calif., E916 Poe, Ted, Tex., E918 Brown-Waite, Ginny, Fla., E923 Hensarling, Jeb, Tex., E916, E918 Pomeroy, Earl, N.D., E926 Burton, Dan, Ind., E924 Higgins, Brian, N.Y., E921 Porter, Jon C., Nev., E917 Clay, Wm. Lacy, Mo., E922 Kennedy, Patrick J., R.I., E921 Conyers, John, Jr., Mich., E916 McCotter, Thaddeus G., Mich., E919 Shuster, Bill, Pa., E923 Costello, Jerry F., Ill., E924 Maloney, Carolyn B., N.Y., E925 Simpson, Michael K., Idaho, E917 Cuellar, Henry, Tex., E919, E919, E920, E921, E922, Manzullo, Donald A., Ill., E920 Slaughter, Louise McIntosh, N.Y., E925 E923, E923, E925, E926, E927 Michaud, Michael H., Me., E916 Solis, Hilda L., Calif., E922 Eshoo, Anna G., Calif., E927 Miller, George, Calif., E915, E923 Udall, Mark, Colo., E918, E926 Farr, Sam, Calif., E927 Miller, Jeff, Fla., E922

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