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

Vol. 152 WASHINGTON, MONDAY, MAY 22, 2006 No. 64 House of Representatives The House met at 12:30 p.m. and was cost to the taxpayer sugar program.’’ important reason this travesty con- called to order by the Speaker pro tem- This does not pass the straight face tinues is to be found in campaign con- pore (Mr. PRICE of Georgia). test anywhere in America but Wash- tribution reports. This industry is only f ington, DC. The most junior intern 1 percent of American agriculture, yet working in any congressional office it spends 17 percent of the campaign DESIGNATION OF SPEAKER PRO who is doing independent research can contributions for agriculture and TEMPORE quickly verify that this is not a ‘‘no countless millions more lobbying and The SPEAKER pro tempore laid be- cost program.’’ There are huge costs to producing bogus surveys currently cir- fore the House the following commu- the taxpayer, the government and the culating on Capitol Hill. nication from the Speaker: environment. I suggest if Members want to do a Straight off the top, this ‘‘no cost favor for the environment, for the tax- WASHINGTON, DC, May 22, 2006. program’’ requires American con- payer, allow a junior intern to do your I hereby appoint the Honorable TOM PRICE sumers to pay almost $2 billion a year research to determine whether or not to act as Speaker pro tempore on this day. more for sugar and sugar-related prod- this has no cost. This research done by J. DENNIS HASTERT, ucts. Only in Washington, DC would $2 any college economics student, in any Speaker of the House of Representatives. billion be ‘‘no cost.’’ Then there is the college political science class, or by f loss to industries for whom paying two the outstandingly bright young men to three times the price of the world and women who work for us as volun- MORNING HOUR DEBATES price of sugar makes a big difference. teers on Capitol Hill right now as in- The SPEAKER pro tempore. Pursu- There used to be a thriving confec- terns can demonstrate to any Mem- ant to the order of the House of Janu- tionery industry, manufacturing in ber’s satisfaction that it is not worth ary 31, 2006, the Chair will now recog- Hershey, Pennsylvania; in New Eng- the cost. It is time to approve the nize Members from lists submitted by land, in Chicago. Many of these jobs Blumenauer-Flake amendment. the majority and minority leaders for have since disappeared, being driven f morning hour debates. The Chair will across the border to Canada, Mexico or elsewhere where sugar prices are dra- THE LEGACY AND LIFE OF alternate recognition between the par- CARMEN ANAYA ties, with each party limited to not to matically lower. Only the powerful exceed 30 minutes, and each Member, sugar lobbyists and the people who lis- The SPEAKER pro tempore. Pursu- except the majority leader, the minor- ten to them would think that $2 billion ant to the order of the House of Janu- ity leader, or the minority whip, lim- a year that will be required to store ary 31, 2006, the gentleman from Texas ited to not to exceed 5 minutes. and purchase surplus sugar over the (Mr. DOGGETT) is recognized during next 10 years would be no cost. The Chair recognizes the gentleman morning hour debates for 5 minutes. One of the most perverse effects of Mr. DOGGETT. Thank you, Mr. from Oregon (Mr. BLUMENAUER) for 5 the sugar program has been to dra- Speaker. minutes. matically increase cane sugar produc- Carmen Anaya was a remarkable f tion in the State of Florida. Over the human being. Her life of 79 years both SUGAR last 50 years the amount of acreage inspires and teaches us. Born in surrounding the Everglades has in- Monterrey, Mexico; a teacher, she Mr. BLUMENAUER. Thank you, Mr. creased 800 percent. All of this sugar moved to the United States as a young Speaker. production is in the Everglades. This woman and married Jose´ Anaya. Later this week, there will be consid- expansion has devastating con- For the next 20 years as their family eration of an amendment from Mr. sequences. Pollution, polluted runoff, grew, they worked as migrant farm FLAKE of Arizona and me dealing with and changed water flow attributed to workers all across America—har- the notorious sugar subsidy program, the sugar industry is a significant rea- vesting cherries in Michigan, tomatoes proposing a tiny reduction in it. For son why we are paying seven to $8 bil- in California, potatoes in Oregon, and anyone who wants a lesson in how your lion as a down payment to clean up the sugar beets in the Dakotas. Eventually government works, a review of the pol- Everglades and redo the plumbing. The they opened a small general store in itics surrounding the sugar quota sys- sugar lobbyists in Washington, DC Las Milpas in the Texas Rio Grande tem is a textbook example of how the would lead you to believe that this is Valley. political process can distort reality and no cost. In Spanish, a ‘‘milpa’’ is a temporary why. A Dear Colleague letter is circu- How can this be? How can people pre- field that is cultivated for a few sea- lating touting the benefits of a ‘‘no tend to believe this claptrap? Well, an sons. But the colonia of Las Milpas was

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

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VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2966 CONGRESSIONAL RECORD — HOUSE May 22, 2006 the permanent home of thousands who Linda, a nurse, is an administrator at come forward and lead the House in the lacked running water, had no paved Cornerstone Regional Hospital. Pledge of Allegiance. roads and no jobs that offered a way to The life of service of any one child Mr. PENCE led the Pledge of Alle- escape poverty. Even worse, most resi- would be enough to make a parent giance as follows: dents had little hope for a better future proud. But think how much our coun- I pledge allegiance to the Flag of the for themselves or for their children. try gains and continues to gain from United States of America, and to the Repub- In 1982, Mrs. Anaya joined with other the service of each of these six chil- lic for which it stands, one nation under God, people of faith to found Valley Inter- dren. Her life and her children say indivisible, with liberty and justice for all. faith, a nonprofit coalition of over 40 more about family values than a thou- f churches that, with the work of lead sand speeches from the floor of this organizer Elizabeth Valdez, has now ex- Congress. And in the ongoing national FREEDOM IS WINNING IN IRAQ panded to represent some 60,000 Valley debate about immigration, we should (Mr. PENCE asked and was given per- families. Valley Interfaith leaders al- reflect on her legacy. Mexican immi- mission to address the House for 1 ´ ready knew how to cultivate fields, but grants like Carmen and Jose Anaya minute and to revise and extend his re- together they learned how to cultivate have offered much to their adopted marks.) hope and justice. For more than two land. America is the stronger for their Mr. PENCE. Mr. Speaker, this week- decades, they have put their faith into presence. end with the news of the adoption of a action to help the impoverished help f new government in Iraq, the silence themselves and to hold elected officials RECESS was deafening. You could hear a pin accountable at all levels of govern- The SPEAKER pro tempore. Pursu- drop among the critics of U.S. policy in ment. Iraq. With the very active and the very ant to clause 12(a) of rule I, the Chair declares the House in recess until 2 But there it was. Prime Minister al- vocal participation of Mrs. Anaya, Val- Maliki kept his word. He named 39 cab- ley Interfaith brought clean drinking p.m. today. Accordingly (at 12 o’clock and 40 inet ministers, each of whom was ap- water to over 160,000 residents of minutes p.m.), the House stood in re- proved by more than 90 percent of the colonias like Las Milpas; secured living cess until 2 p.m. 275-member elected Iraqi Parliament, wage ordinances and raised the salaries the first government of Iraq formed f of thousands; and, with a new job train- since the toppling of Saddam Hussein. ing program, have found jobs for an- b 1400 May God bless Prime Minister al- other 1,500. AFTER RECESS Maliki and all those brave ministers in Above all, through her work with his new government; for despite what Valley Interfaith, Mrs. Anaya inspired The recess having expired, the House was called to order by the Speaker pro you read, despite some of what you see, her neighbors to believe in themselves, freedom is winning in Iraq and this new tempore (Mr. MURPHY) at 2 p.m. in their communities, and in their abil- government’s formation stands for that ity to bring about change. Those once f truth. isolated and frustrated are now an or- PRAYER ganized voice with the ability to de- f Monsignor Francis J. Maniscalco, Di- mand justice. CRUEL AND UNUSUAL Last Monday, I visited with the rector of Communications, United Anaya family at their home in Las States Conference of Catholic Bishops, (Mr. POE asked and was given per- Milpas shortly after the celebration of Washington, D.C., offered the following mission to address the House for 1 a funeral mass in the Parish of Santa prayer: minute.) ‘‘The Lord takes delight in His peo- Cabrini at which Ernesto Cortez, Jr., Mr. POE. Mr. Speaker, raped for ple.’’ more than an hour, sometimes by two who continues to provide the leader- How important it is for us to know ship for a network of groups like Val- gang members at once, they cried out that You, our Maker, take delight in for help. Tortured by six gang mem- ley Interfaith, spoke of her leadership us; to know that all that exists came and tenacity in a eulogy. Mrs. Anaya bers, they begged for their lives. from You in a joy of creation that goes As those gangsters strangled them loved her church at which she attended beyond what we can imagine; to know choir practice twice a week. At the ro- with a belt, they clutched at it, hoping that amidst all the glories made by for air. The murderers, holding each sary, Ofelia de los Santos, a friend Your hand, it is the human race that through whom I got to know Mrs. end of the belt, pulled so hard, the belt You made in Your own image. snapped in two. Just to make sure that Anaya, spoke of her involvement of her We are called to answer Your delight 14-year-old Jennifer Ertman and 16- church in the quest for social justice. with delight of our own: delight in year-old Elizabeth Pena were dead, the St. Frances or Santa Cabrini, as she praising Your name when we begin our six gang members stomped on their is known in the Valley, is a saint who day and when we end it; delight in call- necks with their boots. is the patroness of immigrants. And it ing to mind that You are with us Five of the killers were sentenced to was Carmen Anaya, an immigrant to throughout the day; delight in dedi- death by separate Texas juries. Today, our Nation, who spread the gospel cating what we say and do to Your 13 years later, Elizabeth’s parents and through her words and deeds. Her ex- glory; delight in serving our sisters and Jennifer Ertman’s parents wait for jus- ample is particularly significant in the brothers in the human family and in tice and sob, wait for executions that course of the ongoing national debate loving them as we love ourselves; and were stayed. about immigration. Because two farm when this earthly life at last comes to The Supreme Court believes partici- workers came across the Rio Grande to an end, delight in living in Your pres- pating in a brutal gang rape and mur- do hot, hard, demanding work, America ence forever. Amen. has gained not only from their labors der just months before your 18th birth- but from their six children: f day makes you too young for the death Jose´, Jr., who operated the family THE JOURNAL penalty, so two sentences were com- store, now works for the city of Pharr. The SPEAKER pro tempore. The muted. Now the others have had their Diana and Consuelo each provide Chair has examined the Journal of the executions stayed by the same arro- leadership for our country’s future as last day’s proceedings and announces gant, elitist judges, who wonder if le- public school principals. to the House his approval thereof. thal injection is cruel and unusual pun- Minerva, or Minnie, a retired U.S. Pursuant to clause 1, rule I, the Jour- ishment. Air Force lieutenant colonel, is now a nal stands approved. Mr. Speaker, maybe not today, homebuilder with her husband, retired f maybe not the next day, but some day, Green Beret colonel, Chris St. John. judges will treat victims with the same Eduardo, Eddie, an attorney and cer- PLEDGE OF ALLEGIANCE concern and compassion that they tified public accountant, has the only The SPEAKER pro tempore. Will the treat barbarians. law office in Las Milpas. gentleman from Indiana (Mr. PENCE) And that’s just the way it is.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2967 CORPORATE HERO: HOME DEPOT We want to thank Lucky for his pub- (5) The Department of Education acceler- lic service and his contributions to our ated the application process in order to (Mr. PRICE of Georgia asked and was quickly release education-related relief. given permission to address the House country and ask the Good Lord to bless him. (6) A significant portion of the recovery for 1 minute.) aid, both restart and impact aid, has yet to Mr. PRICE of Georgia. Mr. Speaker, I f reach damaged schools and local educational rise today to recognize the continued ANNOUNCEMENT BY THE SPEAKER agencies. (b) SENSE OF CONGRESS.—The Congress good work by an Atlanta-based com- PRO TEMPORE pany in helping rebuild the hurricane urges State educational agencies to expedi- The SPEAKER pro tempore. Pursu- tiously distribute education relief funds re- ravaged gulf coast. ant to clause 8 of rule XX, the Chair ceived under title IV (commonly known as Nine months after Hurricanes will postpone further proceedings the ‘‘Hurricane Education Recovery Act’’) of Katrina and Rita devastated the area, today on motions to suspend the rules Division B of the Department of Defense, Home Depot continues to play a lead Emergency Supplemental Appropriations to on which a recorded vote or the yeas role in reconstruction. The region re- Address Hurricanes in the Gulf of Mexico, and nays are ordered, or on which the mains in need, and to date Home Depot and Pandemic Influenza Act, 2006 (Public vote is objected to under clause 6 of has contributed over $11 million to the Law 109–148; 119 Stat. 2680)) to impacted rule XX. schools and institutions. relief efforts, and their employees have Record votes on postponed questions The SPEAKER pro tempore. Pursu- volunteered countless hours and re- will be taken after 6:30 p.m. today. ant to the rule, the gentleman from sources to help rebuild the region. The Louisiana (Mr. BOUSTANY) and the gen- company has vowed to continue their f tlewoman from New York (Mrs. work to make sure that the region re- HURRICANE RELIEF EXTENSION MALONEY) each will control 20 minutes. alizes that rebirth. And while it may be ACT OF 2006 The Chair recognizes the gentleman easy for a company to pledge support Mr. BOUSTANY. Mr. Speaker, I move from Louisiana. early when the spotlight is on, it is ad- to suspend the rules and pass the bill GENERAL LEAVE mirable to see Home Depot still out (H.R. 5354) to authorize the Secretary Mr. BOUSTANY. Mr. Speaker, I ask there with hammer and nails in hand of Education to extend the period dur- unanimous consent that all Members months after the media frenzy has sub- ing which a State educational agency may have 5 legislative days in which to sided. or local educational agency may obli- revise and extend their remarks on While time has passed, Home Depot’s gate temporary emergency impact aid H.R. 5354. enthusiasm and compassion for the vic- for elementary and secondary school The SPEAKER pro tempore. Is there tims of this disaster has not. It is im- students displaced by Hurricane objection to the request of the gen- portant to recognize these ongoing ef- Katrina or Hurricane Rita, and for tleman from Louisiana? forts and all the people continuing to other purposes. There was no objection. aid in the recovery. The Clerk read as follows: Mr. BOUSTANY. Mr. Speaker, I yield Mr. Speaker, the gulf coast region re- H.R. 5354 myself such time as I may consume. mains in need of a helping hand, and Be it enacted by the Senate and House of Rep- Mr. Speaker, H.R. 5354, the Hurricane Home Depot is an outstanding example resentatives of the United States of America in Relief Extension Act of 2006, amends of corporate responsibility and compas- Congress assembled, the Hurricane Education Recovery Act sion. SECTION 1. SHORT TITLE. to allow the Secretary of Education to f This Act may be cited as the ‘‘Hurricane extend, beyond the 2006 school year, Relief Extension Act of 2006’’. the period during which a State edu- TRIBUTE TO LUCKY MONDRES SEC. 2. EXTENSION OF PERIOD FOR OBLIGATION cational agency or local educational OF TEMPORARY EMERGENCY IM- agency may obligate temporary emer- (Mr. WOLF asked and was given per- PACT AID FOR DISPLACED STU- mission to address the House for 1 DENTS. gency impact aid for elementary and minute and to revise and extend his re- Notwithstanding sections 107(f) and 110 of secondary schools that enroll students marks.) title IV (commonly known as the ‘‘Hurricane displaced by Hurricanes Katrina or Mr. WOLF. Mr. Speaker, many of our Education Recovery Act’’) of Division B of Rita. colleagues and staff who are on the Hill the Department of Defense, Emergency Sup- In addition, the bill includes a sense plemental Appropriations to Address Hurri- today may not remember Marvin of the Congress that urges State edu- canes in the Gulf of Mexico, and Pandemic cational agencies to distribute expedi- ‘‘Lucky’’ Mondres, but those of us who Influenza Act, 2006 (Public Law 109–148; 119 tiously any education relief funds re- have been around for a while will recall Stat. 2680), the Secretary of Education may ceived under such act to impacted Lucky ran Representative Burke’s extend the period during which a State edu- schools and institutions. Washington office for several years. cational agency or local educational agency I want to thank Chairman MCKEON Our paths first crossed when I served may obligate funds received under section 107 of that title, except that such funds shall and the Education and the Workforce at the Interior Department and Lucky Committee staff for working with me was my counterpart as the congres- be used only for expenses incurred during the 2005–2006 school year, as required by section on this legislation. sional liaison officer for the Commerce 107 of that title. Hurricanes Katrina and Rita created Department in the early 1970s. SEC. 3. SENSE OF CONGRESS. real and pressing educational needs in He served with distinction at Com- (a) FINDINGS.—The Congress finds as fol- the gulf coast region. According to the merce and in several other Depart- lows: U.S. Department of Education, more ments in both the Nixon and Ford ad- (1) According to the Department of Edu- than 370,000 students were unable to at- ministrations. Members on both sides cation, more than 370,000 students were un- tend school in the weeks following the of the aisle came to know that if they able to attend school in the weeks following hurricanes. About 158,000 students were needed information or assistance, they hurricanes Katrina and Rita. still displaced as of October 1, 2005, and (2) According to the Department of Edu- could depend on Lucky to be forthright are eligible for impact aid. More than and diligent in providing it. cation, 158,000 students remained displaced as of October 1, 2005, and are eligible for im- 1,100 schools, public, private, and paro- I want to share the news that Lucky pact aid. chial, were still closed 2 weeks after is battling the final stages of cancer. (3) The unprecedented nature of this crisis the storms. But as those who know him would and the massive dislocation of students In the immediate days after the hur- guess, he is not dwelling on that but is prompted the Congress in 2005 to approve the ricanes hit, I worked closely with my focused on living each day to the full- Hurricane Education Recovery Act to pro- colleagues on the Education and the est, just as he has done his entire life. vide money to reopen schools in the Gulf Workforce Committee to assess the In his retirement years in Coast region and an additional $645 million damage caused by the storms and to Massanutten in Virginia’s Shenandoah for impact aid. (4) The Congress included stringent time move forward and send Federal aid to Valley, he has devoted his time to his lines in the Hurricane Education Recovery the highest need areas in the shortest children and his grandchildren, with Act to ensure the money would quickly be amount of time possible. We supported some charity work along the way, and sent to the local educational agencies to help an innovative electronic reimburse- always some time for golf. the schools in need. ment proposal that would have enabled

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2968 CONGRESSIONAL RECORD — HOUSE May 22, 2006 parents and schools to bypass govern- tension Act, and thank Mr. BOUSTANY Mr. Speaker, I yield back the balance ment bureaucracy and receive Federal for introducing this very important of my time. aid more quickly. measure. Mr. BOUSTANY. Mr. Speaker, I have Mr. Speaker, in March of this year, no further speakers, and I am prepared b 1415 Democrats from the House Committee to close at this time. I want to thank Unfortunately, many of our col- on Education and the Workforce trav- my colleague, the gentlelady from New leagues opposed these efforts as a back- eled to New Orleans and surrounding York, for her support, and for all the door attempt to implement a voucher areas to survey and see firsthand the support of my colleagues across the system. Let me be emphatic: That was damage left by Hurricanes Katrina and aisle. I think this is an important piece not the case. This proposal would have Rita. The members of the delegation of legislation, because much of the prevented the delays we are now seeing were clear in their assessment: Until money that we have obligated has not in Federal support reaching our teach- you see the damage firsthand, it is reached where it needs to go, to those ers and students who most need it. very, very difficult to understand the students and schools in need. As an alternative, when Congress magnitude of these storms and what When I was back home just about 2 passed the Hurricane Education Recov- the devastation that they left behind months ago, I was at a school in Erath, ery Act in December, we included is. a small town that was devastated by stringent timelines to ensure the The school systems in the gulf coast flooding, and they were rebuilding the money would quickly be sent to local were hit particularly hard. The wind school. In fact, they had just reopened educational agencies to help schools in tore off roofs of schools, and storm some of the classrooms there. One of need. In addition, the U.S. Department surges brought additional water into the teachers showed me her bright new of Education accelerated the applica- classrooms, sometimes reaching over 10 shining classroom, freshly painted with tion process for these funds in order to feet. These school systems, both public a new bookshelf, and she had actually quickly release education-related re- and private, lost books, computers and spent $1,600 of her own money to do lief. Yet, Federal education aid is still desks. Teachers, principals and stu- that, because the Federal money that not reaching the ground in many Gulf dents lost their homes to the storms. we had obligated had not reached the States, including my home State of At the time of the delegation’s visit, ground level. So I am urging the States Louisiana. families had started to return to the to release the money that we have sent I recently visited Johnson Bayou area, and due to the leadership of local down so that we can get the money High School in my congressional dis- superintendents, principals and teach- where it needs to be to take care of trict in Cameron Parish hit directly by ers, students were returning to the those students in need and get those Hurricane Rita, and school officials classrooms. Across the country, school schools up and running. had yet to receive one penny in Federal systems in nearly every State opened With that, I strongly urge my col- assistance. This was only 3 to 4 weeks their doors to enroll displaced stu- leagues to support H.R. 5354. ago. A headline last month in the dents. They continued to educate these Mr. MCKEON. Mr. Speaker, I rise today in Baton Rouge Advocate read, ‘‘East children, expending their own re- support of H.R. 5354, the Hurricane Relief Ex- Baton Rouge Schools Await Hurricane sources to meet the increased enroll- tension Act. I thank my Education and the Funds.’’ At an April 26 Education and ments. Workforce Committee colleague, Mr. Workforce Committee hearing, edu- In spite of the pressures on schools to BOUSTANY, for his work on this measure—and cation leaders from throughout the reopen and enroll displaced students, it for his efforts on behalf of his constituents in gulf coast testified that Federal aid was not until December, nearly 5 the wake of last fall’s hurricanes. had yet to make its way to the local months after the levees broke, that Last year, the Gulf Coast endured one of level. Congress designated funds to assist the worst series of hurricanes in our nation’s This bill allows the Secretary to set schools along the gulf coast and the history. Students, workers, retirees, and fami- a date to obligate the funds for dis- schools that had taken in displaced lies from the region were impacted in ways placed students that is beyond the end students. And it appears Congress did seemingly incomprehensible before the storms of the school year because several dis- not live up to its own promise. The struck. tricts have indicated the difficulty in funds provided were less than what was The Education and the Workforce Com- meeting the current statutory July 31 promised, nearly one-third less. mittee and this Congress have been active in date. The extension of this date will H.R. 5354 does not fix the funding driving legislation to provide resources to give the districts the extra time needed problem, nor does it address the chal- schools and families as part of the recovery to ensure the funds are obligated to- lenges these same schools will have effort. Last year, led by Mr. BOUSTANY and his ward the allowable expenditures from next year, particularly those in New Louisiana colleague, Representative JINDAL, the 2005–2006 school year. Orleans, which expect their enrollment we passed legislation to reimburse public, in- The bill makes certain that the funds to double in the fall. H.R. 5354 will, cluding charter, and private schools that have can only be used for expenses from the however, resolve an immediate issue by enrolled displaced students and to help those 2005–2006 school year and that the funds extending the time in which funds are schools get supplies and equipment to help will not be extended into the 2006–2007 to be obligated for the current school educate those students. school year. These funds are des- year. Now, as the academic year during which perately needed by the districts to help H.R. 5354 also addresses a concern Katrina and Rita struck draws to a close, we with the costs associated with edu- heard by the delegation during its vis- want to ensure that available money will be cating the displaced students. its to schools that State educational used by the schools and districts. The bill be- Districts should not have to return agencies were delaying the distribution fore us today will allow the U.S. Secretary of the funds because they were not able to of these funds to local school systems. Education to extend the date by which these obligate them by the July 31 deadline. As such, H.R. 5354 includes a sense of funds must be obligated to beyond the end of Mr. Speaker, schools should not be pe- the Congress that urges States to expe- this school year. While the funds must still be nalized because bureaucratic red tape dite the release of these funds to local used on expenses for the 2005/2006 school has delayed the process on the State school districts. year, by extending the obligation date, the dis- level, which, to me, is very unaccept- Families are eager to return to their tricts and schools will be able to make sure able. communities, but will only do so if that funds are used on appropriate expenses Mr. Speaker, I strongly urge my col- they can be assured that their children and do not have to be returned to the federal leagues to support H.R. 5354, the Hurri- can attend school. H.R. 5354 will assist government. It is not just a necessary move— cane Relief Extension Act of 2006. schools in their efforts to educate dis- but an appropriate one as well. Mr. Speaker, I reserve the balance of placed students and reopen schools. Last month, the Education and the Work- my time. Again, I want to thank the gen- force Committee held a hearing highlighted by Mrs. MALONEY. Mr. Speaker, I yield tleman on the other side of the aisle, educators from across the Gulf Coast region. myself such time as I may consume. Mr. BOUSTANY, for bringing this bill to We listened as they discussed the challenges Mr. Speaker, I rise in strong support the floor, and urge my colleagues to faced and successes achieved by Gulf Coast of H.R. 5354, the Hurricane Relief Ex- support it. schools in the wake of Hurricanes Katrina and

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00004 Fmt 4634 Sfmt 9920 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2969 Rita. And we heard them provide their unique of the regional workforce investment boards Over 2,000 one-stop centers across the insights into what we have done well with re- provides the planning, oversight, and ac- Nation have connected millions of indi- gard to education in the Gulf Coast region, as countability of workforce strategies that viduals with the tools they need to find succeed in communities across the country: their next employment opportunity, well as what obstacles we still face. Now, therefore, be it Unfortunately, some officials testified that Resolved, That the House of Representa- while helping employers find the work- they have yet to receive their full, expected tives— ers they need. sum of federal impact aid dollars. And as we (1) supports the goals of National One-Stop The economy is dynamic, and re- consider this legislation today, I am especially Month; and search shows that the types of growing hopeful that some of the bureaucratic prob- (2) supports the efforts of the workforce in- industries are changing. The Nation’s lems we’ve witnessed in the past several vestment boards and One-Stop delivery sys- job training programs are critical to months will end—and end soon. tem in preparing the Nation’s workforce. our ongoing effort to equip Americans Mr. Speaker, the bottom line is this: as edu- The SPEAKER pro tempore. Pursu- with the resources and skills they need cators, joined by parents and students from ant to the rule, the gentleman from to find a new or better job in today’s the region, work to rebuild an academic way Louisiana (Mr. BOUSTANY) and the gen- knowledge-based economy. Local work- of life, they ought to have all of the necessary tlewoman from New York (Mrs. force investment boards have re- tools at their disposal. The measure we are MALONEY) each will control 20 minutes. sponded to these challenges by creating considering today takes a major step toward The Chair recognizes the gentleman comprehensive services to assist our providing just that. And I urge my colleagues from Louisiana. workforce. to join me in supporting it. GENERAL LEAVE Approximately 5.2 million new jobs Mr. BOUSTANY. Mr. Speaker, I yield Mr. BOUSTANY. Mr. Speaker, I ask have been created since August of 2003. back the balance of my time. unanimous consent that all Members With solid and consistent job growth in The SPEAKER pro tempore. The may have 5 legislative days in which to high-wage, high-skill occupations, re- question is on the motion offered by revise and extend their remarks on H. newing and strengthening the Federal the gentleman from Louisiana (Mr. Res. 808. investment in workforce development and job training is more critical than BOUSTANY) that the House suspend the The SPEAKER pro tempore. Is there rules and pass the bill, H.R. 5354. objection to the request of the gen- ever. Last year, this House approved legislation to reauthorize WIA and The question was taken; and (two- tleman from Louisiana? renew the one-stop delivery system, thirds having voted in favor thereof) There was no objection. and we hope for further action on that the rules were suspended and the bill Mr. BOUSTANY. Mr. Speaker, I yield legislation to build upon the success al- was passed. myself such time as I may consume. ready attained. Yet in the interim, we A motion to reconsider was laid on Mr. Speaker, associations rep- know our local community leaders re- the table. resenting the local workforce develop- ment community have declared May main committed to providing the best f National One-Stop Month. I rise this services possible for the Nation’s job EXPRESSING SENSE OF HOUSE IN afternoon in support of H. Res. 808, seekers. I commend the chairman of the Sub- SUPPORT OF THE GOALS OF NA- which expresses the support of the committee on 21st Century Competi- TIONAL ONE-STOP MONTH House of Representatives for the goals of National One-Stop Month and sup- tiveness, Congressman RIC KELLER of Mr. BOUSTANY. Mr. Speaker, I move ports the work of the Nation’s local Florida, for introducing this measure to suspend the rules and agree to the workforce investment boards. to highlight the critical assistance resolution (H. Res. 808) expressing the The one-stop delivery system this that the local boards and the one-stop sense of the House of Representatives resolution recognizes is a product of delivery system provide. in support of the goals of National One- the Workforce Investment Act of 1998, Mr. Speaker, I urge my colleagues to Stop Month. or WIA. WIA consolidated numerous support this measure. Mr. Speaker, I reserve the balance of The Clerk read as follows: Federal training programs and inte- H. RES. 808 my time. grated employment and training serv- Mrs. MALONEY. Mr. Speaker, I yield Whereas national workforce professional ices at the local level in a more unified organizations and the local workforce invest- myself such time as I may consume. workforce development system. Local Mr. Speaker, I rise in support of Na- ment boards will celebrate National One- business-led workforce investment Stop Month from May 1 to 31, 2006; tional One-Stop Month. For over 30 Whereas workforce investment boards and boards now direct the activities of the years, Congress has worked hard on a One-Stop delivery system were created under system. bipartisan basis to create a job train- the Workforce Investment Act of 1998 and One of the hallmarks of WIA is the ing system that works well for both are designed to provide a full range of em- establishment of One-Stop Career Cen- employers and employees. ployment solutions to employers and job ters to provide re-employment services During the Clinton administration, seekers in a single location; and job training to individuals looking job training advocates developed the Whereas more than 600 workforce invest- for a new or better job. The centers idea of a universal system, a one-stop ment boards and 2,000 One-Stop Career Cen- were developed to increase access to ters are enhancing the productivity and com- job training system that would provide petitiveness of the Nation by providing Federal and State resources available needed job search, placement and workforce solutions for hundreds of thou- to help individuals obtain employment training services to all job seekers who sands of employers annually across the of their choice. walked through its doors. The system United States; While WIA funds are available for oc- would also be a one-stop system for Whereas, in the spirit of the Workforce In- cupational training, there are numer- employers, providing outreach and vestment Act, the cornerstones of maxi- ous other Federal programs that pro- matching services to enable employers mizing customer choice, employment and vide employment assistance. These to find workers with the job skills that training solutions, and universal access are programs, including adult education, they need. the primary missions of the One-Stop deliv- vocational rehabilitation, veterans em- ery system, allowing more than 14,000,000 job Approximately 2,000 one-stop centers seekers annually the opportunity to connect ployment programs and more, must and the workforce boards that oversee with the tools they need for their next career make their services available through them now exist in all of our commu- opportunity; the centers. WIA created One-Stop Ca- nities, providing a 21st century re- Whereas each year the One-Stop delivery reer Centers to provide a single point source for all. This system is an invest- system and regional workforce investment of access for individuals desiring serv- ment in our economy and in our coun- boards contribute to the competitiveness of ices through these programs. The one- try. the Nation’s workforce by providing training stop delivery system also provides But that investment is also under at- assistance through grants to job seekers and labor market information regarding tack. For the past 6 years, the adminis- employed workers and other programs to more than 400,000 Americans so they may up- the kinds of jobs currently available in tration and this Congress have been grade or acquire new skills; and a local area, data on growing industries cutting funding for the one-stop sys- Whereas, in the spirit of the Workforce In- and job listings to assist individuals in tem. The one-stops have not had a sin- vestment Act, the private sector leadership making informed career choices. gle inflation adjustment in 6 years. The

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2970 CONGRESSIONAL RECORD — HOUSE May 22, 2006 one-stops have actually had their budg- tury economy. Indeed, the 21st century is no SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ets cut about $700 million since 2001. longer the age of machine and muscle but, (a) SHORT TITLE.—This Act may be cited as This Congress has failed to reauthorize rather, has become the age of the mind. the ‘‘Veterans’ Housing Opportunity and the one-stop system, and has insisted Benefits Improvement Act of 2006’’. And central to our efforts in crafting the (b) TABLE OF CONTENTS.—The table of con- on opening it up to religious discrimi- Workforce Investment Act was the establish- tents for this Act is as follows: nation, which has never existed or been ment of the one-stop system. One-stop career Sec. 1. Short title; table of contents. a problem for years. Most recently, in centers are aimed at providing a single, con- TITLE I—HOUSING MATTERS its 2007 budget request, the administra- venient, central location to offer job training Sec. 101. Adapted housing assistance for dis- tion proposed effectively eliminating and other employment-related services. And abled veterans residing tempo- the one-stop system and turning it into they have been remarkably successful for rarily in housing owned by fam- a voucher program run by the Gov- countless Americans. ily member. ernors. In my view, the establishment of one-stops Sec. 102. Adjustable rate mortgages. Democrats believe in job training to in 1998 was the single most important federal Sec. 103. Permanent authority to make di- help workers improve their skills and job training accomplishment in a generation. rect housing loans to Native find good-paying jobs to support their We brought dozens of disparate services American veterans. families. Democrats believe in helping Sec. 104. Extension of eligibility for direct under one roof, providing a better deal for job loans for Native American vet- employers find workers with the skills seekers and a better investment for American erans to a veteran who is the they need to compete in the global taxpayers. spouse of a Native American. economy. In order to truly help em- Last year, this House approved legislation to Sec. 105. Technical corrections to Veterans ployers and employees, we must ade- build upon the success of the one-stop sys- Benefits Improvement Act of quately fund the one-stops and our job tem, and as we hope for further congressional 2004. training system. action on that measure, we take time this TITLE II—EMPLOYMENT MATTERS b 1430 month to celebrate the achievements of those Sec. 201. Additional duty for the Assistant who have been involved in the one-stops—in- Secretary of Labor for Vet- This is a low-cost investment in our cluding those providing services and those erans’ Employment and Train- future. I urge my colleagues to support benefiting from them. ing to raise awareness of skills this resolution and to support im- Mr. Speaker, May is National One-Stop of veterans and of the benefits proved funding for a 21st-century job- of hiring veterans. Month, but for those seeking high-quality em- Sec. 202. Modifications to the Advisory Com- training system. ployment services, the one-stops are there for Mr. Speaker, I urge my colleagues to mittee on Veterans Employ- them all year long. I applaud them, and I look ment and Training. support this resolution. for them to play an even bigger role in our job Sec. 203. Reauthorization of appropriations Mr. Speaker, I yield back the balance training system in the decades to come. I for homeless veterans re- of my time. thank my colleague Mr. KELLER, the chairman integration programs. Mr. BOUSTANY. Mr. Speaker, I am of the 21st Century Competitiveness Sub- TITLE III—LIFE AND HEALTH prepared to close at this time. We have committee, for bringing this resolution to the INSURANCE MATTERS no further speakers. Again, I thank my floor, and I urge my colleagues to support it. Sec. 301. Duration of Servicemembers’ colleague from New York for her sup- Mr. BOUSTANY. Mr. Speaker, I yield Group Life Insurance coverage port and the support of all Members back the balance of my time. for totally disabled veterans following separation from serv- across the aisle for this resolution. The SPEAKER pro tempore. The Let me just close by saying that in ice. question is on the motion offered by Sec. 302. Limitation on premium increases the aftermath of Hurricanes Rita and the gentleman from Louisiana (Mr. Katrina, I personally visited some of for reinstated health insurance BOUSTANY) that the House suspend the of servicemembers released these one-stop shops in my district and rules and agree to the resolution, H. from active military service. was really impressed with the work Res. 808. Sec. 303. Preservation of employer-spon- that they were doing. The question was taken; and (two- sored health plan coverage for They were very successful in match- thirds having voted in favor thereof) certain reserve-component ing up those in need of jobs with avail- members who acquire the rules were suspended and the reso- TRICARE eligibility. able jobs. And so this is a worthy reso- lution was agreed to. TITLE IV—OTHER MATTERS lution. I urge all Members to support A motion to reconsider was laid on it. the table. Sec. 401. Inclusion of additional diseases and Mr. MCKEON. Mr. Speaker, I rise today in conditions in diseases and dis- support of H. Res. 808, a measure expressing f abilities presumed to be associ- support for the goals of National One-Stop ated with prisoner of war sta- VETERANS’ HOUSING OPPOR- tus. Month. As we stand here today we find our- Sec. 402. Consolidation and revision of out- selves in an increasingly competitive job mar- TUNITY AND BENEFITS IM- PROVEMENT ACT OF 2006 reach authorities. ket, one in which the knowledge and skills of Sec. 403. Extension of annual report require- each job seeker play a critical role in deter- Mr. MILLER of Florida. Mr. Speaker, ment on equitable relief cases. mining whether the individual will succeed. I move to suspend the rules and pass TITLE V—TECHNICAL AMENDMENTS And while our economy has created more the Senate bill (S. 1235) to amend title Sec. 501. Technical and clarifying amend- than 5.2 million new jobs since August 2003, 38, United States Code, to extend the ments to new traumatic injury we still have work ahead of us to provide the availability of $400,000 in life insurance protection coverage under resources and training workers need to claim coverage to servicemembers and vet- Servicemembers’ Group Life In- and keep these new jobs. erans, to make a stillborn child an in- surance. Testifying before the House Education and surable dependent for purposes of the Sec. 502. Terminology amendments to revise Servicemembers’ Group Life Insurance references to certain veterans the Workforce Committee several years ago, in provisions relating to eligi- former Federal Reserve Board Chairman Alan program, to make technical correc- bility for compensation or de- Greenspan told Members of our panel that tions to the Veterans Benefits Im- pendency and indemnity com- providing ‘‘rigorous education and ongoing provement Act of 2004, to make perma- pensation. training to all members of our society’’ is es- nent a pilot program for direct housing Sec. 503. Technical and clerical amend- sential for future job growth and worker secu- loans for Native American veterans, ments. rity in the United States. His words ring all the and to require an annual plan on out- TITLE I—HOUSING MATTERS more true today, as our workforce takes on reach activities of the Department of SEC. 101. ADAPTED HOUSING ASSISTANCE FOR the new realities of an increasingly competitive Veterans Affairs, as amended. DISABLED VETERANS RESIDING The Clerk read as follows: TEMPORARILY IN HOUSING OWNED global economy. BY A FAMILY MEMBER. Eight years ago, when Congress passed the S. 1235 (a) ASSISTANCE AUTHORIZED.—Chapter 21 of Workforce Investment Act, we did so with an Be it enacted by the Senate and House of Rep- title 38, United States Code, is amended by eye toward preparing our working men and resentatives of the United States of America in inserting after section 2102 the following new women for the challenges of a turn-of-the-cen- Congress assembled, section:

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‘‘§ 2102A. Assistance for veterans residing (1) INTERIM REPORT.—Not later than three (1) by striking ‘‘(B) The’’ and inserting temporarily in housing owned by a family years after the date of the enactment of this ‘‘(B)(i) Subject to clause (ii), the’’; and member Act, the Comptroller General shall submit to (2) by adding at the end the following new ‘‘(a) PROVISION OF ASSISTANCE.—In the case Congress an interim report on the implemen- clause: of a disabled veteran who is described in sub- tation by the Secretary of Veterans Affairs ‘‘(ii) The amount of a loan made by the section (a)(2) or (b)(2) of section 2101 of this of section 2102A of title 38, United States Secretary under this subchapter may not ex- title and who is residing, but does not intend Code, as added by subsection (a). ceed the maximum loan amount authorized to permanently reside, in a residence owned (2) FINAL REPORT.—Not later than five for loans guaranteed under section by a member of such veteran’s family, the years after the date of the enactment of this 3703(a)(1)(C) of this title.’’. Secretary may assist the veteran in acquir- Act, the Comptroller General shall submit to (e) TECHNICAL AMENDMENT.—Subsection ing such adaptations to such residence as are Congress a final report on the implementa- (c)(1)(A) of section 3762 of such title is determined by the Secretary to be reason- tion of such section. amended by inserting ‘‘veteran’’ after ‘‘Na- (f) TEMPORARY INCREASE IN CERTAIN HOUS- ably necessary because of the veteran’s dis- tive American’’. ING LOAN FEES.—For a subsequent loan de- ability. (f) CLERICAL AMENDMENTS.— scribed in subsection (a) of section 3710 of ‘‘(b) AMOUNT OF ASSISTANCE.—The assist- (1) SUBCHAPTER HEADING.—The heading for title 38, United States Code, to purchase or ance authorized under subsection (a) may subchapter V of chapter 37 of such title is construct a dwelling with 0-down or any not exceed— amended to read as follows: other subsequent loan described in that sub- ‘‘(1) $14,000, in the case of a veteran de- section, other than a loan with 5-down or 10- ‘‘SUBCHAPTER V—DIRECT HOUSING scribed in section 2101(a)(2) of this title; or down, that is closed during fiscal year 2007, LOANS FOR NATIVE AMERICAN VET- ‘‘(2) $2,000, in the case of a veteran de- the Secretary of Veterans Affairs shall apply ERANS’’. scribed in section 2101(b)(2) of this title. section 3729(b)(2) of such title by sub- (2) SECTION HEADING.—The heading for sec- ‘‘(c) LIMITATION.—The assistance author- stituting ‘‘3.35’’ for ‘‘3.30’’. tion 3761 of such title is amended to read as ized by subsection (a) shall be limited in the SEC. 102. ADJUSTABLE RATE MORTGAGES. follows: case of any veteran to one residence. Section 3707A(c)(4) of title 38, United ‘‘(d) REGULATIONS.—Assistance under this ‘‘§ 3761. Direct housing loans to Native Amer- States Code, is amended by striking ‘‘1 per- ican veterans; program authority’’. section shall be provided in accordance with centage point’’ and inserting ‘‘such percent- (3) SECTION HEADING.—The heading for sec- such regulations as the Secretary may pre- age points as the Secretary may prescribe’’. scribe. tion 3762 of such title is amended to read as SEC. 103. PERMANENT AUTHORITY TO MAKE DI- follows: ‘‘(e) TERMINATION.—No assistance may be RECT HOUSING LOANS TO NATIVE provided under this section after the end of AMERICAN VETERANS. ‘‘§ 3762. Direct housing loans to Native Amer- the five-year period that begins on the date (a) PERMANENT AUTHORITY.—Section 3761 of ican veterans; program administration’’. of the enactment of the Veterans’ Housing title 38, United States Code, is amended— (4) TABLE OF SECTIONS.—The table of sec- Opportunity and Benefits Improvement Act (1) in subsection (a)— tions at the beginning of chapter 37 of such of 2006.’’. (A) by striking ‘‘establish and implement a title is amended by striking the items relat- (b) LIMITATIONS ON ADAPTED HOUSING AS- pilot program under which the Secretary ing to subchapter V and sections 3761 and SISTANCE.—Section 2102 of such title is may’’ in the first sentence; and 3762 and inserting the following new items: amended— (B) by striking ‘‘shall establish and imple- (1) in the matter in subsection (a) pre- ment the pilot program’’ in the third sen- ‘‘SUBCHAPTER V—DIRECT HOUSING LOANS FOR ceding paragraph (1)— tence and inserting ‘‘shall make such loans’’; NATIVE AMERICAN VETERANS (A) by striking ‘‘shall be limited in the (2) in subsection (b), by striking ‘‘In car- ‘‘3761. Direct housing loans to Native Amer- case of any veteran to one housing unit, and rying out the pilot program under this sub- ican veterans; program author- necessary land therefor, and’’; and chapter, the’’ and inserting ‘‘The’’; and ity. (B) by striking ‘‘veteran but shall not ex- (3) by striking subsection (c). ‘‘3762. Direct housing loans to Native Amer- ceed $50,000 in any one case—’’ and inserting (b) REPORTS.—Section 3762(j) of such title ican veterans; program admin- ‘‘veteran—’’; and is amended to read as follows: istration.’’. (2) by adding at the end the following new ‘‘(j) The Secretary shall include as part of SEC. 104. EXTENSION OF ELIGIBILITY FOR DI- subsection: the annual benefits report of the Veterans RECT LOANS FOR NATIVE AMERICAN ‘‘(d)(1) The aggregate amount of assistance Benefits Administration information con- VETERANS TO A VETERAN WHO IS available to a veteran under sections 2101(a) cerning the cost and number of loans pro- THE SPOUSE OF A NATIVE AMER- and 2102A of this title shall be limited to vided under this subchapter for the fiscal ICAN. $50,000. year covered by the report.’’. (a) EXTENSION.—Subchapter V of chapter 37 ‘‘(2) The aggregate amount of assistance (c) CONFORMING AMENDMENTS.— of title 38, United States Code, is amended— available to a veteran under sections 2101(b) (1) SECTION 3762.—Section 3762 of such title (1) by redesignating section 3764 as section and 2102A of this title shall be limited to is amended— 3765; and $10,000. (A) in subsection (a), by inserting ‘‘under (2) by inserting after section 3763 the fol- ‘‘(3) No veteran may receive more than this subchapter’’ after ‘‘to a Native Amer- lowing new section: ican veteran’’; three grants of assistance under this chap- ‘‘§ 3764. Qualified non-Native American vet- (B) in subsection (b)(1)(E), by striking ‘‘the ter.’’. erans (c) COORDINATION OF ADMINISTRATION OF pilot program established under this sub- chapter is implemented’’ and inserting ‘‘(a) TREATMENT OF NON-NATIVE AMERICAN BENEFITS.—Chapter 21 of such title is further ‘‘loans under this subchapter are made’’; VETERANS.—Subject to the succeeding provi- amended by adding at the end the following sions of this section, for purposes of this sub- new section: (C) in subsection (c)(1)(B), by striking ‘‘carry out the pilot program under this sub- chapter— ‘‘§ 2107. Coordination of administration of chapter in a manner that demonstrates the ‘‘(1) a qualified non-Native American vet- benefits advisability of making direct housing loans’’ eran is deemed to be a Native American vet- ‘‘The Secretary shall provide for the co- in the second sentence and inserting ‘‘make eran; and ordination of the administration of programs direct housing loans under this subchapter’’; ‘‘(2) for purposes of applicability to a non- to provide specially adapted housing that are (D) in subsection (i)— Native American veteran, any reference in administered by the Under Secretary for (i) by striking ‘‘the pilot program provided this subchapter to the jurisdiction of a tribal Health and such programs that are adminis- for under this subchapter and’’ in paragraph organization over a Native American veteran tered by the Under Secretary for Benefits (1); is deemed to be a reference to jurisdiction of under this chapter, chapter 17, and chapter 31 (ii) by striking ‘‘under the pilot program a tribal organization over the Native Amer- of this title.’’. and in assisting such organizations and vet- ican spouse of the qualified non-Native (d) CLERICAL AMENDMENTS.—The table of erans in participating in the pilot program’’ American veteran. sections at the beginning of such chapter is in paragraph (2)(A) and inserting ‘‘under this ‘‘(b) USE OF LOAN.—In making direct loans amended— subchapter and in assisting such organiza- under this subchapter to a qualified non-Na- (1) by inserting after the item relating to tions and veterans with respect to such hous- tive American veteran by reason of eligi- section 2102 the following new item: ing benefits’’; and bility under subsection (a), the Secretary ‘‘2102A. Assistance for veterans residing tem- (iii) by striking ‘‘in participating in the shall ensure that the tribal organization per- porarily in housing owned by a pilot program’’ in paragraph (2)(E) and in- mits, and the qualified non-Native American family member.’’ serting ‘‘with respect to such benefits’’. veteran actually holds, possesses, or pur- chases, using the proceeds of the loan, joint- ; and (2) CONFORMING REPEAL.—Section 8(b) of ly with the Native American spouse of the (2) by adding at the end the following new the Veterans Home Loan Program Amend- qualified non-Native American veteran, a item: ments of 1992 (Public Law 102–547; 38 U.S.C. 3761 note) is repealed. meaningful interest in the lot, dwelling, or ‘‘2107 Coordination of administration of ben- (d) ESTABLISHMENT OF MAXIMUM AMOUNT OF both, that is located on trust land. efits.’’. LOANS.—Section 3762(c)(1)(B) of title 38, ‘‘(c) RESTRICTIONS IMPOSED BY TRIBAL OR- (e) GAO REPORTS.— United States Code, is amended— GANIZATIONS.—Nothing in subsection (b)

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2972 CONGRESSIONAL RECORD — HOUSE May 22, 2006 shall be construed as precluding a tribal or- employers by hiring veterans with such ‘‘(C) Not more than five individuals who ganization from imposing reasonable restric- training and skills, and to facilitate employ- are recognized authorities in the fields of tions on the right of the qualified non-Native ment of veterans and disabled veterans business, employment, training, rehabilita- American veteran to convey, assign, or oth- through participation in labor exchanges tion, or labor and who are not employees of erwise dispose of such interest in the lot or (Internet-based and otherwise), and other the Department of Labor.’’. dwelling, or both, if such restrictions are de- means.’’. (2) CONFORMING AMENDMENTS.—Subsection signed to ensure the continuation in trust SEC. 202. MODIFICATIONS TO THE ADVISORY (d) of such section is amended— status of the lot or dwelling, or both. Such COMMITTEE ON VETERANS EMPLOY- (A) by striking paragraphs (3), (4), (8), (10), requirements may include the termination MENT AND TRAINING. (11), and (12); and of the interest of the qualified non-Native (a) COMMITTEE NAME.— (B) by redesignating paragraphs (5), (6), (7), American veteran in the lot or dwelling, or (1) CHANGE OF NAME.—Subsection (a)(1) of and (9) as paragraphs (3), (4), (5), and (6), re- both, upon the dissolution of the marriage of section 4110 of title 38, United States Code, is spectively. the qualified non-Native American veteran amended by striking ‘‘Advisory Committee (d) REINSTATEMENT AND MODIFICATION OF to the Native American spouse.’’. on Veterans Employment and Training’’ and REPORTING REQUIREMENT.—Subsection (f)(1) (b) CONFORMING AMENDMENTS.—Section inserting ‘‘Advisory Committee on Veterans of such section is amended— 3765 of such title, as redesignated by sub- Employment, Training, and Employer Out- (1) by striking the first sentence and in- section (a)(1), is amended by adding at the reach’’. serting the following: ‘‘Not later than De- end the following new paragraph: (2) SECTION HEADING.—The heading of such cember 31 of each year, the advisory com- ‘‘(5) The term ‘qualified non-Native Amer- section is amended to read as follows: mittee shall submit to the Secretary and to ican veteran’ means a veteran who— ‘‘§ 4110. Advisory Committee on Veterans Em- the Committees on Veterans’ Affairs of the ‘‘(A) is the spouse of a Native American, ployment, Training, and Employer Out- Senate and House of Representatives a re- but reach’’. port on the employment and training needs of veterans, with special emphasis on dis- ‘‘(B) is not a Native American.’’. (3) TABLE OF SECTIONS.—The item relating abled veterans, for the previous fiscal year.’’; (c) CLERICAL AMENDMENT.—The table of to section 4110 in the table of sections at the (2) in subparagraph (A), by inserting ‘‘and sections at the beginning of chapter 37 of beginning of chapter 41 of such title is their integration into the workforce’’ after such title is amended by striking the item amended to read as follows: ‘‘veterans’’; relating to section 3764 and inserting the fol- ‘‘4110. Advisory Committee on Veterans Em- lowing new items: (3) by striking ‘‘and’’ at the end of subpara- ployment, Training, and Em- graph (B); ‘‘3764. Qualified non-Native American vet- ployer Outreach.’’. (4) by redesignating subparagraphs (B) and erans. (4) REFERENCES.—Any reference to the Ad- (C) as subparagraphs (C) and (F), respec- ‘‘3765. Definitions.’’. visory Committee established under section tively; SEC. 105. TECHNICAL CORRECTIONS TO VET- 4110 of such title in any law, regulation, (5) by inserting after subparagraph (A) the ERANS BENEFITS IMPROVEMENT map, document, record, or other paper of the following new subparagraph: ACT OF 2004. United States shall be considered to be a ref- ‘‘(B) an assessment of the outreach activi- (a) CORRECTIONS.—Section 2101 of title 38, erence to the Advisory Committee on Vet- ties carried out by the Secretary of Labor to United States Code, as amended by section erans Employment, Training, and Employer employers with respect to the training and 401 of the Veterans Benefits Improvement Outreach. skills of veterans and the advantages af- Act of 2004 (Public Law 108–454; 118 Stat. (b) EXPANSION OF DUTIES OF ADVISORY COM- forded employers by hiring veterans;’’; and 3614), is amended— MITTEE.—Subsection (a)(2) of such section is (6) by inserting after subparagraph (C), as (1) by redesignating subsection (c) as sub- amended— so redesignated, the following new subpara- section (d); (1) in subparagraph (A), by inserting ‘‘and graphs: (2) by inserting after subsection (b) a new their integration into the workforce’’ after ‘‘(D) a description of the activities of the subsection (c) consisting of the text of sub- ‘‘veterans’’; advisory committee during that fiscal year; section (c) of such section 2101 as in effect (2) by striking ‘‘and’’ at the end of subpara- ‘‘(E) a description of activities that the ad- immediately before the enactment of such graph (B); visory committee proposes to undertake in Act, modified— (3) by redesignating subparagraph (C) as the succeeding fiscal year; and’’. (A) in paragraph (1)— subparagraph (E); and SEC. 203. REAUTHORIZATION OF APPROPRIA- (i) in the first sentence, by striking ‘‘para- (4) by inserting after subparagraph (B) the TIONS FOR HOMELESS VETERANS graph (1), (2), or (3)’’ and inserting ‘‘subpara- following new subparagraphs: REINTEGRATION PROGRAMS. graph (A), (B), (C), or (D) of paragraph (2)’’; ‘‘(C) assist the Assistant Secretary of Subsection (e)(1) of section 2021 of title 38, and Labor for Veterans’ Employment and Train- United States Code, is amended by adding at (ii) in the second sentence, by striking ing in carrying out outreach activities to the end the following new subparagraph: ‘‘the second sentence’’ and inserting ‘‘para- employers with respect to the training and ‘‘(F) $50,000,000 for each of fiscal years 2007 graph (3)’’; and skills of veterans and the advantages af- through 2009.’’. (B) in paragraph (2)— forded employers by hiring veterans; TITLE III—LIFE AND HEALTH INSURANCE (i) in the first sentence, by striking ‘‘para- ‘‘(D) make recommendations to the Sec- MATTERS graph (1)’’ and inserting ‘‘paragraph (2)’’; and retary, through the Assistant Secretary of (ii) in the second sentence, by striking SEC. 301. DURATION OF SERVICEMEMBERS’ Labor for Veterans’ Employment and Train- GROUP LIFE INSURANCE COVERAGE ‘‘paragraph (2)’’ and inserting ‘‘paragraph ing, with respect to outreach activities and FOR TOTALLY DISABLED VETERANS (3)’’; and the employment and training of veterans; FOLLOWING SEPARATION FROM (3) in subsection (a)(3), by striking ‘‘sub- and’’. SERVICE. section (c)’’ in the matter preceding subpara- (c) MODIFICATION OF ADVISORY COMMITTEE (a) SEPARATION OR RELEASE FROM ACTIVE graph (A) and inserting ‘‘subsection (d)’’. MEMBERSHIP.— DUTY.— (b) EFFECTIVE DATE.—The amendments (1) MEMBERSHIP.—Subsection (c)(1) of such (1) EXTENSION OF PERIOD OF COVERAGE.— made by subsection (a) shall take effect as of section is amended to read as follows: Paragraph (1)(A) of section 1968(a) of title 38, December 10, 2004, as if enacted immediately ‘‘(c)(1) The Secretary of Labor shall ap- United States Code, is amended by striking after the enactment of the Veterans Benefits point at least 12, but no more than 15, indi- ‘‘shall cease’’ and all that follows and insert- Improvement Act of 2004 on that date. viduals to serve as members of the advisory ing ‘‘shall cease on the earlier of the fol- TITLE II—EMPLOYMENT MATTERS committee as follows: lowing dates (but in no event before the end ‘‘(A) Six individuals, one each from among of 120 days after such separation or release): SEC. 201. ADDITIONAL DUTY FOR THE ASSISTANT representatives nominated by each of the ‘‘(i) The date on which the insured ceases SECRETARY OF LABOR FOR VET- ERANS’ EMPLOYMENT AND TRAIN- following organizations: to be totally disabled. ING TO RAISE AWARENESS OF ‘‘(i) The National Society of Human Re- ‘‘(ii) The date that is— SKILLS OF VETERANS AND OF THE source Managers. ‘‘(I) two years after the date of separation BENEFITS OF HIRING VETERANS. ‘‘(ii) The Business Roundtable. or release from such active duty or active Subsection (b) of section 4102A of title 38, ‘‘(iii) The National Association of State duty for training, in the case of such a sepa- United States Code, is amended by adding at Workforce Agencies. ration or release during the period beginning the end the following new paragraph: ‘‘(iv) The United States Chamber of Com- on the date that is one year before the date ‘‘(8) With advice and assistance from the merce. of the enactment of Veterans’ Housing Op- Advisory Committee on Veterans Employ- ‘‘(v) The National Federation of Inde- portunity and Benefits Improvement Act of ment and Training, and Employer Outreach pendent Business. 2006 and ending on September 30, 2011; and established under section 4110 of this title, ‘‘(vi) A nationally recognized labor union ‘‘(II) 18 months after the date of separation furnish information to employers (through or organization. or release from such active duty or active meetings in person with hiring executives of ‘‘(B) Not more than five individuals from duty for training, in the case of such a sepa- corporations and otherwise) with respect to among representatives nominated by vet- ration or release on or after October 1, 2011.’’. the training and skills of veterans and dis- erans service organizations that have a na- (2) TECHNICAL AMENDMENTS.—Paragraph (1) abled veterans, and the advantages afforded tional employment program. of such section is further amended—

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2973 (A) in the matter preceding subparagraph of the person having become eligible for ‘‘(1) Plans for efforts to identify eligible (A), by striking ‘‘shall cease—’’ and inserting medical and dental care under chapter 55 of veterans and eligible dependents who are not ‘‘shall cease as follows:’’; and title 10 by reason of subsection (d) of section enrolled or registered with the Department (B) in subparagraph (B), by striking ‘‘at’’ 1074 of that title but who subsequently does for benefits or services under the programs after ‘‘(B)’’ and inserting ‘‘At’’. not commence a period of active duty under administered by the Secretary. (b) SEPARATION OR RELEASE FROM CERTAIN the order to active duty that established ‘‘(2) Plans for informing eligible veterans RESERVE ASSIGNMENTS.—Paragraph (4) of such eligibility because the order is canceled and eligible dependents of modifications of such section is amended by striking ‘‘shall before such active duty commences, the pro- the benefits and services under the programs cease’’ the second place it appears and all visions of paragraph (1) relating to any ex- administered by the Secretary, including eli- that follows and inserting ‘‘shall cease on clusion or waiting period in connection with gibility for medical and nursing care and the earlier of the following dates (but in no the reinstatement of coverage under a health services. event before the end of 120 days after separa- plan shall apply to such person’s continued ‘‘(c) COORDINATION IN DEVELOPMENT.—In de- tion or release from such assignment): employment, upon the termination of such veloping the biennial plan under subsection ‘‘(A) The date on which the insured ceases eligibility for medical and dental care under (a), the Secretary shall consult with the fol- to be totally disabled. chapter 55 of title 10 that is incident to the lowing: ‘‘(B) The date that is— cancellation of such order, in the same man- ‘‘(1) Directors or other appropriate officials ‘‘(i) two years after the date of separation ner as if the person had become reemployed of organizations approved by the Secretary or release from such assignment, in the case upon such termination of eligibility.’’. under section 5902 of this title. of such a separation or release during the pe- TITLE IV—OTHER MATTERS ‘‘(2) Directors or other appropriate officials riod beginning on the date that is one year of State and local education and training before the date of the enactment of Vet- SEC. 401. INCLUSION OF ADDITIONAL DISEASES AND CONDITIONS IN DISEASES AND programs. erans’ Housing Opportunity and Benefits Im- DISABILITIES PRESUMED TO BE AS- ‘‘(3) Representatives of nongovernmental provement Act of 2006 and ending on Sep- SOCIATED WITH PRISONER OF WAR organizations that carry out veterans out- tember 30, 2011; and STATUS. reach programs. ‘‘(ii) 18 months after the date of separation Section 1112(b)(3) of title 38, United States ‘‘(4) Representatives of State and local vet- or release from such assignment, in the case Code, is amended by adding at the end the erans employment organizations. of such a separation or release on or after following new subparagraphs: ‘‘(5) Other individuals and organizations October 1, 2011.’’. ‘‘(L) Atherosclerotic heart disease or hy- that the Secretary considers appropriate. SEC. 302. LIMITATION ON PREMIUM INCREASES pertensive vascular disease (including hyper- ‘‘§ 6303. Outreach services FOR REINSTATED HEALTH INSUR- tensive heart disease) and their complica- EQUIREMENT TO ROVIDE ERVICES ANCE OF SERVICEMEMBERS RE- ‘‘(a) R P S .— tions (including myocardial infarction, con- In carrying out the purposes of this chapter, LEASED FROM ACTIVE MILITARY gestive heart failure and arrhythmia). SERVICE. the Secretary shall provide the outreach ‘‘(M) Stroke and its complications.’’. (a) PREMIUM PROTECTION.—Section 704 of services specified in subsections (b) through the Servicemembers Civil Relief Act (50 ‘‘CHAPTER 63—OUTREACH ACTIVITIES (d). In areas where a significant number of U.S.C. App. 594) is amended by adding at the ‘‘6301. Purpose; definitions. eligible veterans and eligible dependents end the following new subsection: ‘‘6302. Biennial plan. speak a language other than English as their ‘‘(e) LIMITATION ON PREMIUM INCREASES.— ‘‘6303. Outreach services. principal language, such services shall, to ‘‘(1) PREMIUM PROTECTION.—The amount of ‘‘6304. Veterans assistance offices. the maximum feasible extent, be provided in the premium for health insurance coverage ‘‘6305. Outstationing of counseling and out- the principal language of such persons. that was terminated by a servicemember and reach personnel. ‘‘(b) INDIVIDUAL NOTICE TO NEW VET- required to be reinstated under subsection ‘‘6306. Use of other agencies. ERANS.—The Secretary shall by letter advise (a) may not be increased, for the balance of ‘‘6307. Outreach for eligible dependents. each veteran at the time of the veteran’s dis- ‘‘6308. Biennial report to Congress. the period for which coverage would have charge or release from active military, been continued had the coverage not been ‘‘§ 6301. Purpose; definitions naval, or air service (or as soon as possible terminated, to an amount greater than the ‘‘(a) PURPOSE.—The Congress declares after such discharge or release) of all bene- amount chargeable for such coverage before that— fits and services under laws administered by the termination. ‘‘(1) the outreach services program author- the Department for which the veteran may ‘‘(2) INCREASES OF GENERAL APPLICABILITY ized by this chapter is for the purpose of en- be eligible. In carrying out this subsection, NOT PRECLUDED.—Paragraph (1) does not pre- suring that all veterans (especially those the Secretary shall ensure, through the use vent an increase in premium to the extent of who have been recently discharged or re- of veteran-student services under section any general increase in the premiums leased from active military, naval, or air 3485 of this title, that contact, in person or charged by the carrier of the health care in- service and those who are eligible for read- by telephone, is made with those veterans surance for the same health insurance cov- justment or other benefits and services who, on the basis of their military service erage for persons similarly covered by such under laws administered by the Department) records, do not have a high school education insurance during the period between the ter- are provided timely and appropriate assist- or equivalent at the time of discharge or re- mination and the reinstatement.’’. ance to aid and encourage them in applying lease. ‘‘(c) DISTRIBUTION OF INFORMATION.—(1) The (b) TECHNICAL AMENDMENT.—Subsection for and obtaining such benefits and services (b)(3) of such section is amended by striking in order that they may achieve a rapid social Secretary— ‘‘if the’’ and inserting ‘‘in a case in which and economic readjustment to civilian life ‘‘(A) shall distribute full information to el- the’’. and obtain a higher standard of living for igible veterans and eligible dependents re- garding all benefits and services to which SEC. 303. PRESERVATION OF EMPLOYER-SPON- themselves and their dependents; and SORED HEALTH PLAN COVERAGE ‘‘(2) the outreach services program author- they may be entitled under laws adminis- FOR CERTAIN RESERVE-COMPO- ized by this chapter is for the purpose of tered by the Secretary; and NENT MEMBERS WHO ACQUIRE charging the Department with the affirma- ‘‘(B) may, to the extent feasible, distribute TRICARE ELIGIBILITY. tive duty of seeking out eligible veterans and information on other governmental pro- (a) CONTINUATION OF COVERAGE.—Sub- eligible dependents and providing them with grams (including manpower and training section (a)(1) of section 4317 of title 38, such services. programs) which the Secretary determines United States Code, is amended by inserting ‘‘(b) DEFINITIONS.—For the purposes of this would be beneficial to veterans. after ‘‘by reason of service in the uniformed chapter— ‘‘(2) Whenever a veteran or dependent first services,’’ the following: ‘‘or such person be- applies for any benefit under laws adminis- ‘‘(1) the term ‘other governmental pro- comes eligible for medical and dental care tered by the Secretary (including a request grams’ includes all programs under State or under chapter 55 of title 10 by reason of sub- for burial or related benefits or an applica- local laws as well as all programs under Fed- section (d) of section 1074 of that title,’’. tion for life insurance proceeds), the Sec- eral law other than those authorized by this (b) REINSTATEMENT OF COVERAGE.—Sub- retary shall provide to the veteran or de- title; and section (b) of such section is amended— pendent information concerning benefits and ‘‘(2) the term ‘eligible dependent’ means a (1) in paragraph (1)— health care services under programs admin- spouse, surviving spouse, child, or dependent (A) by inserting after ‘‘by reason of service istered by the Secretary. Such information parent of a person who served in the active in the uniformed services,’’ the following: shall be provided not later than three military, naval, or air service. ‘‘or by reason of the person’s having become months after the date of such application. eligible for medical and dental care under ‘‘§ 6302. Biennial plan ‘‘(d) PROVISION OF AID AND ASSISTANCE.— chapter 55 of title 10 by reason of subsection ‘‘(a) BIENNIAL PLAN REQUIRED.—The Sec- The Secretary shall provide, to the max- (d) of section 1074 of that title,’’; and retary shall, during the first nine months of imum extent possible, aid and assistance (in- (B) by inserting ‘‘or eligibility’’ before the every odd-numbered year, prepare a biennial cluding personal interviews) to members of period at the end of the first sentence; and plan for the outreach activities of the De- the Armed Forces, veterans, and eligible de- (2) by adding at the end the following new partment for the two-fiscal-year period be- pendents with respect to subsections (b) and paragraph: ginning on October 1 of that year. (c) and in the preparation and presentation ‘‘(3) In the case of a person whose coverage ‘‘(b) ELEMENTS.—Each biennial plan under of claims under laws administered by the De- under a health plan is terminated by reason subsection (a) shall include the following: partment.

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‘‘(e) ASSIGNMENT OF EMPLOYEES.—In car- in consultation with appropriate Federal de- TITLE V—TECHNICAL AMENDMENTS rying out this section, the Secretary shall partments and agencies, to determine the SEC. 501. TECHNICAL AND CLARIFYING AMEND- assign such employees as the Secretary con- most effective program design to carry out MENTS TO NEW TRAUMATIC INJURY siders appropriate to conduct outreach pro- the purposes of this chapter. PROTECTION COVERAGE UNDER SERVICEMEMBERS’ GROUP LIFE IN- grams and provide outreach services for ‘‘§ 6307. Outreach for eligible dependents homeless veterans. Such outreach services SURANCE. ‘‘(a) NEEDS OF DEPENDENTS.—In carrying may include site visits through which home- (a) SECTION 1980A.—Section 1980A of title out this chapter, the Secretary shall ensure less veterans can be identified and provided 38, United States Code, is amended as fol- that the needs of eligible dependents are assistance in obtaining benefits and services lows: fully addressed. that may be available to them. (1) Subsection (a) is amended to read as ‘‘(b) INFORMATION AS TO AVAILABILITY OF follows: ‘‘§ 6304. Veterans assistance offices OUTREACH SERVICES FOR DEPENDENTS.—The ‘‘(a)(1) A member of the uniformed services ‘‘(a) IN GENERAL.—The Secretary shall es- Secretary shall ensure that the availability who is insured under Servicemembers’ Group tablish and maintain veterans assistance of- of outreach services and assistance for eligi- Life Insurance shall automatically be in- fices at such places throughout the United ble dependents under this chapter is made sured for traumatic injury in accordance States and its territories and possessions, known through a variety of means, including with this section. Insurance benefits under and in the Commonwealth of Puerto Rico, as the Internet, announcements in veterans this section shall be payable if the member, the Secretary determines to be necessary to publications, and announcements to the while so insured, sustains a traumatic injury carry out the purposes of this chapter. The media. on or after December 1, 2005, that results in Secretary may maintain such offices on such ‘‘§ 6308. Biennial report to Congress a qualifying loss specified pursuant to sub- military installations located elsewhere as section (b)(1). the Secretary, after consultation with the ‘‘(a) REPORT REQUIRED.—The Secretary ‘‘(2) If a member suffers more than one Secretary of Defense and taking into ac- shall, not later than December 1 of every such qualifying loss as a result of traumatic count recommendations, if any, of the Sec- even-numbered year (beginning in 2008), sub- injury from the same traumatic event, pay- retary of Labor, determines to be necessary mit to Congress a report on the outreach ac- ment shall be made under this section in ac- to carry out such purposes. tivities carried out by the Department. cordance with the schedule prescribed pursu- ‘‘(b) LOCATION OF OFFICES.—In establishing ‘‘(b) CONTENT.—Each report under this sec- ant to subsection (d) for the single loss pro- and maintaining such offices, the Secretary tion shall include the following: viding the highest payment.’’. shall give due regard to— ‘‘(1) A description of the implementation (2) Subsection (b) is amended— ‘‘(1) the geographical distribution of vet- during the preceding fiscal year of the cur- (A) in paragraph (1)— erans recently discharged or released from rent biennial plan under section 6302 of this (i) by striking ‘‘issued a’’ and all that fol- active military, naval, or air service; title. lows through ‘‘limited to—’’ and inserting ‘‘(2) the special needs of educationally dis- ‘‘(2) Recommendations for the improve- ‘‘insured against traumatic injury under this advantaged veterans (including their need ment or more effective administration of the section is insured against such losses due to for accessibility of outreach services); and outreach activities of the Department.’’. traumatic injury (in this section referred to ‘‘(3) the necessity of providing appropriate (b) INCORPORATION OF RECOMMENDATIONS TO as ‘qualifying losses’) as are prescribed by outreach services in less populated areas. IMPROVE OUTREACH AND AWARENESS.—The the Secretary by regulation. Qualifying ‘‘§ 6305. Outstationing of counseling and out- Secretary of Veterans Affairs shall, to the losses so prescribed shall include the fol- reach personnel extent appropriate, incorporate the rec- lowing:’’; ommendations for the improvement of vet- ‘‘The Secretary may station employees of (ii) by capitalizing the first letter of the erans outreach and awareness activities in- the Department at locations other than De- first word of each of subparagraphs (A) cluded in the report submitted to Congress partment offices, including educational in- through (H); by the Secretary pursuant to section 805 of stitutions, to provide— (iii) by striking the semicolon at the end of the Veterans Benefits Improvement Act of ‘‘(1) counseling and other assistance re- each of subparagraphs (A) through (F) and 2004 (Public Law 108–454). garding benefits under this title to veterans inserting a period; and (c) REPEAL OF RECODIFIED PROVISIONS.— and other persons eligible for benefits under (iv) by striking ‘‘; and’’ at the end of sub- Subchapter II of chapter 77 of title 38, United this title; and paragraph (G) and inserting a period; States Code, is repealed. ‘‘(2) outreach services under this chapter. (B) in paragraph (2)— (d) CONFORMING AND CLERICAL AMEND- (i) by striking ‘‘subsection—’’ and insert- ‘‘§ 6306. Use of other agencies MENTS.— ‘‘(a) In carrying out this chapter, the Sec- ing ‘‘subsection:’’; (1) Subchapter III of chapter 77 of such (ii) by striking ‘‘the’’ at the beginning of retary shall arrange with the Secretary of title is redesignated as subchapter II. Labor for the State employment service to subparagraphs (A), (B), and (C) and inserting (2) The table of sections at the beginning of ‘‘The’’; match the particular qualifications of an eli- such chapter is amended by striking the gible veteran or eligible dependent with an (iii) in subparagraph (A), by striking ‘‘4 items relating to the heading for subchapter limbs;’’ and inserting ‘‘four limbs.’’; appropriate job or job training opportunity, II, sections 7721 through 7727, and the head- including, where possible, arrangements for (iv) in subparagraph (B), by striking ‘‘; ing for subchapter III and inserting the fol- and’’ at the end and inserting a period; outstationing the State employment per- lowing: sonnel who provide such assistance at appro- (v) in subparagraph (C), by striking ‘‘1 priate facilities of the Department. ‘‘SUBCHAPTER II—QUALITY ASSURANCE’’. side’’ and inserting ‘‘one side’’; and ‘‘(b) In carrying out this chapter, the Sec- (3) The tables of chapters at the beginning (vi) by adding at the end the following new retary shall, in consultation with the Sec- of such title, and at the beginning of part IV subparagraph: retary of Labor, actively seek to promote of such title, are amended by inserting after ‘‘(D) The term ‘inability to carry out the the development and establishment of em- the item relating to chapter 61 the following activities of daily living’ means the inability ployment opportunities, training opportuni- new item: to independently perform two or more of the following six functions: ties, and other opportunities for veterans, ‘‘63. Outreach Activities ...... 6301’’. with particular emphasis on the needs of vet- ‘‘(i) Bathing. erans with service-connected disabilities and (e) CROSS-REFERENCE AMENDMENTS.— ‘‘(ii) Continence. other eligible veterans, taking into account (1) Section 3485(a)(4)(A) of title 38, United ‘‘(iii) Dressing. applicable rates of unemployment and the States Code, is amended by striking ‘‘sub- ‘‘(iv) Eating. employment emphases set forth in chapter 42 chapter II of chapter 77’’ and inserting ‘‘(v) Toileting. of this title. ‘‘chapter 63’’. ‘‘(vi) Transferring.’’; ‘‘(c) In carrying out this chapter, the Sec- (2) Section 4113(a)(2) of such title is amend- (C) in paragraph (3)— retary shall cooperate with and use the serv- ed by striking ‘‘section 7723(a)’’ and inserting (i) by striking ‘‘, in collaboration with the ices of any Federal department or agency or ‘‘section 6304(a)’’. Secretary of Defense,’’; any State or local governmental agency or (3) Section 4214(g) of such title is amended (ii) by striking ‘‘shall prescribe’’ and in- recognized national or other organization. by striking ‘‘section 7722’’ and ‘‘section 7724’’ serting ‘‘may prescribe’’; and ‘‘(d) In carrying out this chapter, the Sec- and inserting ‘‘section 6303’’ and ‘‘section (iii) by striking ‘‘the conditions under retary shall, where appropriate, make refer- 6305’’, respectively. which coverage against loss will not be pro- rals to any Federal department or agency or (4) Section 168(b)(2)(B) of the Workforce In- vided’’ and inserting ‘‘conditions under State or local governmental unit or recog- vestment Act of 1998 (29 U.S.C. 2913(b)(2)(B)) which coverage otherwise provided under nized national or other organization. is amended by striking ‘‘subchapter II of this section is excluded’’; and ‘‘(e) In carrying out this chapter, the Sec- chapter 77’’ and inserting ‘‘chapter 63’’. (D) by adding at the end the following new retary may furnish available space and office SEC. 403. EXTENSION OF ANNUAL REPORT RE- paragraph: facilities for the use of authorized represent- QUIREMENT ON EQUITABLE RELIEF ‘‘(4) A member shall not be considered for atives of such governmental unit or other or- CASES. the purposes of this section to be a member ganization providing services. Section 503(c) of title 38, United States insured under Servicemembers’ Group Life ‘‘(f) In carrying out this chapter, the Sec- Code, is amended by striking ‘‘December 31, Insurance if the member is insured under retary shall conduct and provide for studies, 2004’’ and inserting ‘‘December 31, 2009’’. Servicemembers’ Group Life Insurance only

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2975 as an insurable dependent of another mem- Secretary concerned, shall certify to the Veterans Affairs the amount of funds the ber pursuant to subparagraph (A)(ii) or Secretary whether the member with respect Secretary of Veterans Affairs determines to (C)(ii) of section 1967(a)(1) of this title.’’. to whom the claim is submitted— be necessary to pay all costs related to pay- (3) Subsection (c) is amended to read as fol- ‘‘(1) was at the time of the injury giving ments to be made under that certification. lows: rise to the claim insured under Servicemem- Amounts received by the Secretary of Vet- ‘‘(c)(1) A payment may be made to a mem- bers’ Group Life Insurance for the purposes erans Affairs under this paragraph shall be ber under this section only for a qualifying of this section; and deposited to the credit of the revolving fund loss that results directly from a traumatic ‘‘(2) has sustained a qualifying loss.’’. in the Treasury of the United States estab- injury sustained while the member is cov- (7) Subsection (g) of such section is amend- lished under section 1969(d) of title 38, United ered against loss under this section and from ed— States Code. no other cause. (A) by inserting ‘‘(1)’’ after ‘‘(g)’’; (4) QUALIFYING LOSS.—For purposes of this ‘‘(2)(A) A payment may be made to a mem- (B) by striking ‘‘will not be made’’ and in- subsection, the term ‘‘qualifying loss’’ ber under this section for a qualifying loss serting ‘‘may not be made under the insur- means— resulting from a traumatic injury only for a ance coverage under this section’’; (A) a loss specified in the second sentence loss that is incurred during the applicable (C) by striking ‘‘the period’’ and all that of subsection (b)(1) of section 1980A of title period of time specified pursuant to subpara- follows through ‘‘the date’’ and inserting ‘‘a 38, United States Code, as amended by sub- graph (B). period prescribed by the Secretary, by regu- section (a); and ‘‘(B) For each qualifying loss, the Sec- lation, for such purpose that begins on the (B) any other loss specified by the Sec- retary shall prescribe, by regulation, a pe- date’’; retary of Veterans Affairs pursuant to the riod of time to be the period of time within (D) by designating the second sentence as first sentence of that subsection. which a loss of that type must be incurred, paragraph (2); (5) SECRETARY CONCERNED.—For purposes of determined from the date on which the mem- (E) by striking ‘‘If the member’’ and in- this subsection, the term ‘‘Secretary con- ber sustains the traumatic injury resulting serting ‘‘If a member eligible for a payment cerned’’ has the meaning given that term in in that loss, in order for that loss to be cov- under this section’’; paragraph (25) of section 101 of title 38, ered under this section.’’. (F) by striking ‘‘will be’’ and inserting United States Code. (4) Subsection (d) is amended by striking ‘‘shall be’’; and ‘‘losses described in subsection (b)(1) shall (G) by striking ‘‘according to’’ and all that (c) CONFORMING AMENDMENTS.— be—’’ and all that follows and inserting follows and inserting ‘‘to the beneficiary or (1) Section 1965 of title 38, United States ‘‘qualifying losses shall be made in accord- beneficiaries to whom the payment would be Code, is amended by striking paragraph (11). ance with a schedule prescribed by the Sec- made if the payment were life insurance (2) Section 1032(c) of Public Law 109–13 (119 retary, by regulation, specifying the amount under section 1967(a) of this title.’’. Stat. 257; 38 U.S.C. 1980A note) is repealed. of payment to be made for each type of (8) Subsection (h) of such section is amend- SEC. 502. TERMINOLOGY AMENDMENTS TO RE- qualifying loss, to be based on the severity of ed— VISE REFERENCES TO CERTAIN VET- the qualifying loss. The minimum payment (A) in the first sentence, by striking ERANS IN PROVISIONS RELATING TO that may be prescribed for a qualifying loss ‘‘member’s separation from the uniformed ELIGIBILITY FOR COMPENSATION is $25,000, and the maximum payment that service’’ and inserting ‘‘termination of the OR DEPENDENCY AND INDEMNITY COMPENSATION. may be prescribed for a qualifying loss is member’s duty status in the uniformed serv- $100,000.’’. ices that established eligibility for Service- Title 38, United States Code, is amended as (5) Subsection (e) is amended— members’ Group Life Insurance’’; follows: (A) by striking ‘‘of Veterans Affairs’’ each (B) by striking the second sentence; and (1) Section 1114(l) is amended by striking place it appears; (C) by adding at the end the following new ‘‘so helpless’’ and inserting ‘‘with such sig- (B) in paragraph (1), by striking ‘‘as the sentence: ‘‘The termination of coverage nificant disabilities’’. premium allocable’’ and all that follows under this section is effective in accordance (2) Section 1114(m) is amended by striking through ‘‘protection under this section’’; with the preceding sentence, notwith- ‘‘so helpless’’ and inserting ‘‘so significantly (C) in paragraph (2), by striking ‘‘Secretary standing any continuation after the date disabled’’. of the concerned service’’ and inserting specified in that sentence of Servicemem- (3) Sections 1115(1)(E)(ii), 1122(b)(2), ‘‘Secretary concerned’’; and bers’ Group Life Insurance coverage pursu- 1311(c)(2), 1315(g)(2), and 1502(b)(2) are amend- (D) by striking paragraphs (6), (7), and (8) ant to 1968(a) of this title for a period speci- ed by striking ‘‘helpless or blind, or so near- and inserting the following: fied in that section.’’. ly helpless or blind as to’’ and inserting ‘‘(6) The cost attributable to insuring (9) Such section is further amended by add- ‘‘blind, or so nearly blind or significantly members under this section for any month or ing at the end the following new subsection: disabled as to’’. other period specified by the Secretary, less ‘‘(j) Regulations under this section shall be prescribed in consultation with the Sec- SEC. 503. TECHNICAL AND CLERICAL AMEND- the premiums paid by the members, shall be MENTS. paid by the Secretary concerned to the Sec- retary of Defense.’’. retary. The Secretary shall allocate the (b) APPLICABILITY TO QUALIFYING LOSSES Title 38, United States Code, is amended as amount payable among the uniformed serv- INCURRED IN OPERATION ENDURING FREEDOM follows: ices using such methods and data as the Sec- AND OPERATION IRAQI FREEDOM BEFORE EF- (1) TYPOGRAPHICAL ERROR.—Section retary determines to be reasonable and prac- FECTIVE DATE OF NEW PROGRAM.— 1117(h)(1) is amended by striking ticable. Payments under this paragraph shall (1) ELIGIBILITY.—A member of the uni- ‘‘nothwithstanding’’ and inserting ‘‘notwith- be made on a monthly basis or at such other formed services who during the period begin- standing’’. intervals as may be specified by the Sec- ning on October 7, 2001, and ending at the (2) INSERTION OF MISSING WORD.—Section retary and shall be made within 10 days of close of November 30, 2005, sustains a trau- 1513(a) is amended by inserting ‘‘section’’ the date on which the Secretary provides no- matic injury resulting in a qualifying loss is after ‘‘prescribed by’’. tice to the Secretary concerned of the eligible for coverage for that loss under sec- (3) DELETION OF EXTRA WORDS.—Section amount required. tion 1980A of title 38, United States Code, if, 3012(a)(1)(C)(ii) is amended by striking ‘‘on ‘‘(7) For each period for which a payment as determined by the Secretary concerned, or’’. by a Secretary concerned is required under that loss was a direct result of a traumatic (4) CROSS REFERENCE CORRECTION.—Section paragraph (6), the Secretary concerned shall injury incurred in the theater of operations 3017(b)(1)(D) is amended by striking ‘‘3011(c)’’ contribute such amount from appropriations for Operation Enduring Freedom or Oper- and inserting ‘‘3011(e)’’. available for active duty pay of the uni- ation Iraqi Freedom. (5) STYLISTIC AMENDMENTS.—Section 3018A formed service concerned. (2) CERTIFICATION OF PERSONS ENTITLED TO is amended— ‘‘(8) The sums withheld from the basic or PAYMENT.—The Secretary concerned shall (A) by striking ‘‘of this section’’ in sub- other pay of members, or collected from certify to the life insurance company issuing sections (b) and (c); them by the Secretary concerned, under this the policy of life insurance for Servicemem- (B) by striking ‘‘of this subsection’’ in sub- subsection, and the sums contributed from bers’ Group Life Insurance under chapter 19 sections (a)(4), (a)(5), (d)(1) (both places it ap- appropriations under this subsection, to- of title 38, United States Code, the name and pears), and (d)(3); and gether with the income derived from any address of each person who the Secretary (C) by striking ‘‘of this chapter’’ in sub- dividends or premium rate adjustments re- concerned determines to be entitled by rea- section (d)(3) and inserting ‘‘of this title’’. ceived from insurers shall be deposited to the son of paragraph (1) to a payment under sec- (6) CROSS REFERENCE CORRECTION.—Section credit of the revolving fund established in tion 1980A of title 38, United States Code, 3117(b)(1) is amended— the Treasury of the United States under sec- plus such additional information as the Sec- (A) by striking ‘‘section 8’’ and inserting tion 1869(d)(1) of this title.’’. retary of Veterans Affairs may require. ‘‘section 4(b)(1)’’; and (6) Subsection (f) is amended to read as fol- (3) FUNDING.—At the time a certification is (B) by striking ‘‘633(b)’’ and inserting lows: made under paragraph (2), the Secretary con- ‘‘633(b)(1)’’. ‘‘(f) When a claim for benefits is submitted cerned, from funds then available to that (7) INSERTION OF MISSING WORD.—Section under this section, the Secretary of Defense Secretary for the pay of members of the uni- 3511(a)(1) is amended by inserting ‘‘sections’’ or, in the case of a member not under the ju- formed services under the jurisdiction of after ‘‘under both’’. risdiction of the Secretary of Defense, the that Secretary, shall pay to the Secretary of (8) SUBSECTION HEADINGS.—

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2976 CONGRESSIONAL RECORD — HOUSE May 22, 2006 (A) Sections 3461, 3462, 3481, 3565, 3680, and reached by the Senate and House Com- residence. Subparagraph (d) would require 3690 are each amended by revising each sub- mittees on Veterans’ Affairs on the fol- the Secretary to issue relevant regulations. section heading for a subsection therein (ap- lowing bills: Finally, subparagraph (e) would limit the pearing as a centered heading immediately S. 1235, as amended, which passed the program to 5 years after enactment. before the text of the subsection) so that Section 101(b) of H.R. 3665, as amended, such heading appears immediately after the Senate on September 28, 2005; H.R. 1220, would amend section 2102 of title 38, United subsection designation and is set forth in as amended, which passed the House on States Code, to allow a veteran to receive no capitals-and-small-capitals typeface, fol- July 13, 2005; H.R. 2046, as amended, more than three grants of assistance under lowed by a period and a one-em dash. which passed the House on May 23, 2005; chapter 21 of title 8, United States Code. The (B) Section 3461(c) is amended by inserting and H.R. 3665, as amended, which total value of all grants would not exceed after the subsection designation the fol- passed the House on November 10, 2005. $50,000 for the most severely disabled vet- erans and $10,000 for less severely disabled lowing: ‘‘DURATION OF ENTITLEMENT.—’’. Mr. Speaker, I will insert at this (C) Section 3462 is amended— veterans. However, a veteran who receives a point in the RECORD for the benefit of (i) in subsection (d), by inserting after the grant under section 2102(b) of title 38, United subsection designation the following: ‘‘PRIS- my colleagues a joint explanatory States Code, would still be allowed to receive ONERS OF WAR.—’’; and statement describing the compromise grants under section 2102(a) of title 38, (ii) in subsection (e), by inserting after the agreement we have reached with the United States Code, if he or she becomes eli- subsection designation the following: ‘‘TER- other body. gible. Section 101(c) would amend chapter 21 of MINATION OF ASSISTANCE.—’’. EXPLANATORY STATEMENT ON AMENDMENT TO title 38, United States Code, by adding at the (9) CROSS REFERENCE CORRECTION.—Section SENATE BILL, S. 1235, AS AMENDED 3732(c)(10)(D) is amended by striking ‘‘clause end a new section 2107 to provide that the S. 1235, as amended, the Veterans’ Housing (B) of paragraphs (5), (6), (7), and (8) of this Secretary shall coordinate the administra- Opportunity and Benefits Improvement Act subsection’’ and inserting ‘‘paragraphs (5)(B), tion of programs to provide specially adapt- of 2006, reflects a Compromise Agreement (6), (7)(B), and (8)(B)’’. ed housing that are administered by both the reached by the Senate and House Commit- Under Secretary for Health and the Under (10) DATE OF ENACTMENT REFERENCE.—Sec- tees on Veterans’ Affairs (the Committees) Secretary for Benefits under chapters 17, 21, tion 3733(a)(7) is amended by striking ‘‘the on the following bills reported during the and 31 of title 38, United States Code. date of the enactment of the Veterans Bene- 109th Congress: S. 1235, as amended (Senate Compromise Agreement.—Section 101 of fits Act of 2003’’ and inserting ‘‘December 16, Bill), H.R. 1220, as amended, H.R. 2046, as the Compromise Agreement generally fol- 2003’’. amended, and H.R. 3665, as amended (House lows the House language except in the case (11) REPEAL OF OBSOLETE PROVISIONS.—Sec- Bills). S. 1235, as amended, passed the Senate of veterans residing temporarily in housing tion 4102A is amended— on September 28, 2005; H.R. 2046, as amended, owned by a family member, veterans with (A) in subsection (c)(7)— passed the House on May 23, 2005; H.R. 3665, disabilities involving impairments of loco- (i) by striking ‘‘With respect to program as amended, passed the House on November motion may receive up to $14,000. Section 101 years beginning during or after fiscal year 10, 2005. would also increase the funding fee for a sub- 2004, one percent of’’ and inserting ‘‘Of’’; and The Committees have prepared the fol- sequent use of the VA home loan guaranty (ii) by striking ‘‘for the program year’’ and lowing explanation of S. 1235, as further with no money down by 5 basis points for the inserting ‘‘for any program year, one per- amended to reflect a compromise agreement period October 1, 2006 through September 30, cent’’; and between the Committees (Compromise 2007. (B) in subsection (f)(1), by striking ‘‘By not Agreement). Differences between the provi- Adjustable Rate Mortgages later than May 7, 2003, the’’ and inserting sions contained in the Compromise Agree- ‘‘The’’. Current Law.—Section 3707A(c)(4) of title ment and the related provision of the Senate 38, United States Code, limits the maximum (12) REPEAL OF OBSOLETE PROVISIONS.—Sec- Bill and the House Bills are noted in this tion 4105(b) is amended— increase or decrease of any single annual in- document, except for clerical corrections, terest rate adjustment after the initial con- (A) by striking ‘‘shall provide,’’ and all conforming changes made necessary by the tract interest rate adjustment to 1 percent- that follows through ‘‘Affairs with’’ and in- Compromise Agreement, and minor drafting, age point. serting ‘‘shall, on the 15th day of each technical, and clarifying changes. Senate Bill.—Section 201 of the Senate Bill month, provide the Secretary and the Sec- TITLE I—HOUSING MATTERS would give VA the flexibility to prescribe an retary of Veterans Affairs with updated in- appropriate annual rate adjustment cap for formation regarding’’; and Adapted Housing Assistance for Disabled VA hybrid Adjustable Rate Mortgage loans (B) by striking ‘‘and shall’’ and all that fol- Veterans Residing in Housing Owned by with an initial rate of interest fixed for 5 or lows through ‘‘regarding the list’’. Family Member more years. (13) CITATION CORRECTION.—Section 4110B is Current Law.—Chapter 21 of title 38, House Bills.—The House Bills contain no amended— United States Code, authorizes the Secretary comparable provision. (A) by striking ‘‘this Act’’ and inserting to provide grants to adapt or acquire suit- Compromise Agreement.—Section 102 of ‘‘the Workforce Investment Act of 1998’’; and able housing for certain severely disabled the Compromise Agreement follows the Sen- (B) by inserting ‘‘(29 U.S.C. 2822(b))’’ before veterans. The grant amounts are limited to ate language. the period at the end. $50,000 for severely disabled veterans with Permanent Authority To Make Direct Hous- (14) CROSS-REFERENCE CORRECTION.—Sec- impairments of locomotion or loss of func- ing Loans to Native American Veterans tion 4331(b)(2)(C) is amended by striking tion of both arms described in section 2101(a) Current Law.—Section 3761 of title 38, ‘‘section 2303(a)(2)(C)(ii)’’ and inserting ‘‘sec- of title 38, United States Code, and $10,000 to United States Code, establishes a pilot pro- tion 2302(a)(2)(C)(ii)’’. severely disabled veterans with loss of vision gram to make direct housing loans to Native (15) CAPITALIZATION CORRECTION.—Section or loss of function of both hands as described American veterans for homes on tribal lands. 7253(d)(5) is amended by striking ‘‘court’’ and in section 2101(b) of title 38, United States The authorization expires on December 31, inserting ‘‘Court’’. Code. Currently a veteran may receive a 2008. Section 3762 of title 38, United States The SPEAKER pro tempore. Pursu- grant for specially adapted housing only Code, describes the administration of the ant to the rule, the gentleman from once. However, a veteran who has qualified program and limits the maximum loan Florida (Mr. MILLER) and the gen- for the smaller grant may nonetheless re- amount to $80,000, unless the Secretary al- tleman from Colorado (Mr. SALAZAR) ceive a higher grant if disabilities under that lows a larger amount due to higher housing each will control 20 minutes. provision later develop. costs in a particular geographic area. The Chair recognizes the gentleman Senate Bill.—The Senate Bill contains no Senate Bill.—Section 203 of the Senate Bill comparable provision. contains a similar provision. from Florida. House Bills.—Section 101 (a) through (e) of House Bills.—Section 102 of H.R. 3665, as Mr. MILLER of Florida. Mr. Speaker, H.R. 3665, as amended, would amend chapter amended, would make permanent the Native I yield myself such time as I may con- 21 of title 38, United States Code, by insert- American Veteran Housing Loan Program. It sume. ing a new section 2102A. Subparagraph (a) would also limit the Secretary’s discretion (Mr. MILLER of Florida asked and would authorize the Secretary of Veterans in approving a loan large than $80,000 to the was given permission to revise and ex- Affairs to conduct a program providing a loan limitation amount provided by the Fed- tend his remarks.) partial adapted housing grant to severely in- eral Home Loan Mortgage Corporation Act Mr. MILLER of Florida. Mr. Speaker, jured veterans residing temporarily in hous- for a single-family residence. ing owned by a family member. Subpara- Compromise Agreement.—Section 103 of I rise in support of S. 1235, as amended, the Compromise Agreement follows the the Veterans’ Housing Opportunity and graph (b) would authorize the Secretary to provide up to a $10,000 grant for such vet- House language. Benefits Improvement Act of 2006. erans with disabilities involving impair- Extension of Eligibility for Direct Loans for S. 1235, as amended, the Veterans’ ments of locomotion and up to a $2,000 grant Native American Veterans to a Veteran Housing Opportunity and Benefits Im- for such veterans with visual impairments or Who Is The Spouse of a Native American provement Act of 2006, reflects a com- loss of function of both hands. Subparagraph Current Law.—Section 3761 of title 38, promise agreement that has been (c) would limit the assistance to one family United States Code, limits loans under the

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2977

Native American Home Loan Program to plan to the House and Senate Veterans’ Af- TITLE III—LIFE AND HEALTH INSURANCE veterans who are Native Americans. Under fairs Committees not later than July 1, 2006. MATTERS current law, a veteran residing on tribal Compromise Agreement.—Section 201 of Duration of Servicemembers’ Group Life In- lands with a Native American spouse is not the Compromise Agreement generally fol- surance Coverage for Totally Disabled eligible to receive a home loan under this lows the House language, but does not in- Veterans Following Separation From program. clude the requirement that the Secretary of Service Senate Bill.—The Senate Bill contains no Labor develop and transmit a transition Current Law.—Section 1968 of title 38, comparable provision. plan. United States Code, provides coverage at no House Bills.—Section 103 of H.R. 3665, as Modifications to the Advisory Committee on charge under the Servicemembers’ Group amended, would extend eligibility for the Veterans Employment and Training Life Insurance program for 1 year after the Native American Veteran Housing Loan Pro- Current Law.—Section 4110 of title 38, date of separation or release from active gram to non-Native American veterans who United States Code, establishes the Advisory duty if a veteran is rated totally disabled at are spouses of Native American eligible to be Committee on Veterans employment and the time of separation. Veterans may also housed on tribal land. The non-Native Amer- Training, its membership, and its duties. The convert their insurance coverage from ican veteran must be able to acquire a mean- Advisory Committee advises the ASVET on Servicemembers’ Group Life Insurance to ingful interest in the property under tribal the employment and training needs of vet- Veterans’ Group Life Insurance, or to an in- law. erans and how the Department of Labor is dividual policy of insurance, during the 1- Compromise Agreement.—Section 104 of meeting those needs. No outreach efforts are year, post-separation period. the Compromise Agreement follows the required of the Advisory Committee in cur- Senate Bill.—Section 101 of the Senate Bill House language. rent law. would extend from 1 to 2 years, after separa- Senate Bill.—The Senate Bill contains no Technical Corrections to Veterans’ Benefit tion from active duty service, the period Improvement Act of 2004 comparable provision. House Bills.—Section 203(a) of H.R. 3665, as within which totally disabled members may Current Law.—Section 2101 of title 38, amended, would amend section 4110 of title receive premium-free SGLI coverage. In ad- United States Code, provides for grants to 38, United States Code, by renaming the dition, such members would be eligible to adapt or acquire suitable housing for certain ‘‘Advisory Committee on Veterans Employ- convert their coverage to Veterans’ Group severely disabled veterans. Section 401 of ment and Training’’ to ‘‘Advisory Committee Life Insurance or an individual policy of in- Public Law 108–183 amended section 2101 to on Veterans Employment, Training, and Em- surance. authorize the Secretary of Veterans Affairs ployer Outreach’’. House Bills.—The House Bills contain no to provide adapted housing assistance to cer- Section 203(b) would modify the duties of comparable provision. tain disabled servicemembers who have not the Advisory Committee to include assisting Compromise Agreement.—Section 301 of yet been processed for discharge from mili- and advising the Assistant Secretary of the Compromise Agreement would extend tary service, but who will qualify for the Labor for Veterans’ Employment and Train- the post-separation coverage period from 1 to benefit upon discharge due to the severity of ing (ASVET) in carrying out outreach to em- 2 years until September 30, 2011, for all mem- their disabilities. However, this provision ployers. bers who are totally disabled when separated was inadvertently omitted from section 2101 Section 203(c) would modify the member- or released from active duty 1 year before of title 38, United States Code when changes ship of the Advisory Committee to include date of enactment of this Act. For members to that section were made by P.L. 108–454. representatives from the National Society of who are totally disabled when they separate Senate Bill.—Section 202 of S. 1235 would Human Resource Managers, The Business or are released on or after October 1, 2011, amend section 2101 of title 38, United States Roundtable, the National Association of the post-separation coverage period would be Code, to reinstate the authority of the Sec- State Workforce Agencies, the United States reduced to 18 months. retary to provide adapted housing assistance Chamber of Commerce, the National Federa- Limitation on Premium Increases for Rein- to certain members of the armed services tion of Independent Business, a nationally stated Health Insurance of and make other conforming amendments. recognized labor union or organization, vet- Servicemembers Released From Active The amendments made by this provision erans service organizations that have a na- Military Service would take effect on December 10, 2004, im- tional employment program, and recognized Current Law.—Section 704 of the mediately after the enactment of Public Law authorities in the fields of business, employ- Servicemembers Civil Relief Act (SCRA) pro- 108–454. ment, training, rehabilitation, or labor. Sec- vides that a servicemember who is ordered to House Bill.—Section 4 of H.R. 2046, as tion 203(c) would also retain six nonvoting ex active duty is entitled, upon release from ac- amended, contains a similar provision. officio members of the Advisory Committee: tive duty, to reinstatement of any health in- Compromise Agreement.—Section 105 of Secretary of Veterans Affairs, Secretary of surance coverage in effect on the day before the Compromise Agreement contains this Defense, Director of the Office of Personnel such service commenced. Section 704 of the provision. Management, Assistant Secretary of Labor SCRA currently contains no express provi- TITLE II—EMPLOYMENT MATTERS for Veterans’ Employment and Training, As- sion regarding premium increases. sistant Secretary of Labor for Employment Additional Duty for the Assistant Secretary Senate Bill.—The Senate Bill contains no and Training, and the Administrator of the of Labor for Veterans’ Employment and comparable provision. Small Business Administration. Training To Raise Awareness of Skills of House Bill.—Section 2 of H.R. 2046, as Setion 203(d) of H.R. 3665, as amended, amended, would amend section 704 of SCRA Veterans and of the Benefits of Hiring would require the Advisory Committee to Veterans by adding at the end a new subsection that submit a report to the Secretary of Labor on would limit health insurance premium in- Current Law.—Subsection (b) of section the employment and training needs of vet- creases. The amount charged for the cov- 4102A of title 38, United States Code, de- erans for the previous fiscal year. The report erage once reinstated would not exceed the scribes the duties to be carried out by the would include a description of the activities amount charged for coverage before the ter- Assistant Secretary of Labor for Veterans’ of the Advisory Committee during that fiscal mination except for any general increase for Employment and Training. year as well as suggested outreach activities persons similarly covered by the insurance Senate Bill.—The Senate Bill contains no to be carried out by the Secretary of Labor during the period between termination and comparable provision. to employers with respect to the training the reinstatement. House Bills.—Section 202(a) of H.R. 3665, as and skills of veterans and the advantage af- Compromise Agreement.—Section 302 of amended, would add a new duty for the As- forded employers by hiring veterans. the Compromise Agreement follows the sistant Secretary of Labor for Veterans’ Em- Compromise Agreement.—Section 202 of House language. ployment and Training (ASVET) under sec- the Compromise Agreement follows the tion 4102A of title 38, United States Code, to House language. Preservation of Employer-Sponsored Health furnish information to employers (through Reauthorization of Appropriations for Home- Plan Coverage for Certain Reserve-Com- meetings with hiring executive of corpora- less Veterans Reintegration Programs ponent Members Who Acquire TRICARE Eligibility tions and otherwise) concerning the training Current Law.—Section 2021 of title 38, and skills of veterans and disabled veterans, United States Code, authorizes appropria- Current Law.—Section 4317 of title 38, and the advantages of hiring veterans. The tions for the Homeless Veterans Reintegra- United States Code, requires an employer to ASVET would also be required to facilitate tion Programs (HVRP) through fiscal year provide employees returning from active employment of veterans and disabled vet- 2006. duty with the same employer-sponsored erans through participation in labor ex- Senate Bill.—The Senate Bill contains no health benefits they had when they reported changes (Internet-based and otherwise), and comparable provision. for active duty. However, section 4317 does by other means. House Bills.—Section 301 of H.R. 3665, as not preserve employer-sponsored health plan Section 202(b) of H.R. 3665, as amended, amended, would reauthorize HVRP for fiscal reinstatement rights for certain Reserve- would require the Secretary of Labor, acting years 2007 through 2009, and retain the max- component members who acquire health in- through the ASVET, to develop a transition imum authorization of $50 million per year. surance coverage under TRICARE prior to plan for the ASVET to assume certain duties Compromise Agreement.—Section 203 of entering active duty under section 1074(d) of and functions of the President’s National the Compromise Agreement follows the title 10, United States Code. This option be- Hire Veterans Committee and transmit the House language. came available by an amendment to the

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2978 CONGRESSIONAL RECORD — HOUSE May 22, 2006 TRICARE authority enacted on November Extension of Reporting Requirements on Eq- Senate Bill.—The Senate Bill contains no 24, 2003. uitable Relief Cases comparable provision. Senate Bill.—The Senate Bill contains no Current Law.—Section 503 of title 38, House Bill.—Section 104 of H.R. 3665, as comparable provision. United States Code, authorizes the Secretary amended, would amend sections 1114(1), House Bills.—Section 3 of H.R. 2046, as of Veterans Affairs to provide monetary re- 1114(m), 1115(1)(E)(ii), 1122(b)(2), 1311(c)(2), amended, would amend section 4317 of title lief to persons whom the Secretary deter- 1315(g)(2), and 1502(b)(2) of title 38, United 38, United States Code, to preserve employer- mines were deprived of VA benefits by reason States Code, eliminating use of the obsolete sponsored health plan reinstatement rights of administrative error by a federal govern- term ‘‘helpless’’ when describing signifi- under the Uniformed Services employment ment employee. The Secretary may also pro- cantly disabled veterans. No substantive and Reemployment Rights Act for Reserve- vide relief which the Secretary determines is change is intended by these amendments. component members who acquire TRICARE equitable to a VA beneficiary who has suf- Compromise Agreement.—Section 502 of coverage prior to entering active duty. This fered loss as a consequence of an erroneous the Compromise Agreement follows the includes those Reserve Component members decision made by a federal government em- House language. whose active duty orders are canceled prior ployee. No later than April 1 of each year, LEGISLATIVE PROVISIONS NOT ADOPTED to reporting to active duty. the Secretary was required to submit to Con- Post Traumatic Stress Disorder Claims gress a report containing a statement as to Compromise Agreement.—Section 303 of Current Law.—Section 501 of title 38, the disposition of each case recommended to the Compromise Agreement follows the United States Code, provides the Secretary the Secretary for equitable relief during the House language. of Veterans Affairs with the authority to preceding calendar year; the requirement for TITLE IV—OTHER MATTERS prescribe all rules and regulations necessary this report expired on December 31, 2004. Inclusion of Additional Diseases and Condi- Senate Bill.—Section 302 of the Senate Bill or appropriate to carry out the laws adminis- tions in Diseases and Disabilities Pre- would extend the equitable relief reporting tered by VA, including the methods of mak- sumed To Be Associated with Prisoner of requirement through December 31, 2009. ing medical examinations and the manner War Status House Bills.—The House Bills contain no and form of adjudications and awards. Senate Bill.—Section 304 would require VA Current Law.—Section 1112(b) of title 38, comparable provision. Compromise Agreement.—Section 403 of to develop and implement policy and train- United States Code, contains two lists of dis- ing initiatives to standardize the assessment eases that are presumed to be related to an the Compromise Agreement follows the Sen- ate language. of PTSD disability compensation claims. individual’s experience as a prisoner of war. House Bills.—The House bills contain no TITLE V—TECHNICAL AMENDMENTS The first presumptive list require no min- comparable provision. imum internment period and includes dis- Technical and Clarifying Amendments to eases associated with mental trauma or New Traumatic Injury Protection Cov- Increase in Rates of Disability Compensation acute physical trauma, which could plau- erage Under Servicemembers’ Group Life Paid to Certain Surviving Spouses With sibly be caused by a single day of captivity. Insurance Children The second list has a 30-day minimum in- Current Law.—Section 1032 of Public Law Current Law.—Under current law, a sur- ternment requirement. 109–13 (119 STAT. 257) established, effective viving spouse with one or more children Senate Bill.—Section 303 of the Senate Bill December 1, 2005, a new traumatic injury under the age of 18 is entitled to receive a would codify a June 28, 2005, VA regulation protection program within title 38, United transitional benefit of an additional $250 per which added atherosclerotic heart disease or States Code. Section 1980A provides month for the first two years of eligibility or hypertensive vascular disease (including hy- servicemembers enrolled in the dependency and indemnity compensation pertensive heart disease) and their complica- Servicemembers’ Group Life Insurance (DIC). tions (including myocardial infarction, con- (SGLI) program automatic coverage against Senate Bill.—The Senate Bill contains no gestive heart failure and arrhythmia), and qualified traumatic injuries. In the event a comparable provision. stroke and its complications as presumptive servicemember sustains a qualified trau- House Bills.—Section 206 of H.R. 1220, as conditions for service-connection when re- matic injury, SGLI will pay the injured amended, would provide a cost-of-living ad- lated to the prisoner of war experience. servicemember between $25,000 to $100,000, justment for the $250 transitional DIC for These diseases would be included under the depending on the nature of the injury and in 2006. list requiring minimum 30-day internment accordance with a payment scheduled pre- Treatment of Stillborn Children as Insurable period. scribe by the Secretary of Veterans Affairs. Dependents Under Servicemembers’ House Bills.—The House Bills contain no Senate Bill.—The Senate Bill contains no Group Life Insurance Program comparable provision. comparable provision. Current Law.—Section 1967 of title 38, Compromise Agreement.—Section 401 of House Bills.—Section 401 of H.R. 3665, as United States Code, provides coverage under the Compromise Agreement follows the Sen- amended, would make various technical and the Servicemembers’ Group Life Insurance ate language. clerical amendments to section 1980A of title program to the spouse and children of in- 38, United States Code. These technical sured, full-time, active duty servicemem- Consolidation and Revision of Outreach Ac- amendments more clearly specify the re- tivities bers, as well as covered members of the sponsibilities of the different uniformed Ready Reserve. Coverage for the spouse may Current Law.—Section 7722 of title 38, services who participate in the not exceed $100,000, and the servicemember United States Code, requires the Secretary Servicemembers’ Groups Life Insurance pro- may elect in writing not to insure a spouse. of Veterans Affairs to distribute full infor- gram: military services under the jurisdic- Coverage for each child, in the amount of mation to eligible servicemembers, veterans, tion of the Secretary of Defense, the United $10,000, is automatic. Coverage for the de- and dependents regarding all benefits and States Coast Guard under the Secretary of pendent begins immediately following a live services to which they may be entitled under Homeland Security, the Public Health Serv- birth. laws administered by the Department. ice under the jurisdiction of the Secretary of Senate Bill.—Section 102 of the Senate Bill Senate Bill.—Section 301 of the Senate Bill Health and Human Services, and the Na- would cover a member’s stillborn child as an would require the VA to prepare annually tional Oceanic and Atmospheric Administra- insurable dependent under the Servicemem- (and submit to Congress) a plan governing an tion under the jurisdiction of the Secretary bers’ Group Life Insurance program. upcoming year’s outreach activities. Such a of Commerce. House Bills.—The House Bills contain no plan would incorporate the recommenda- The technical amendments in section 401 comparable provision. tions of the report mandated by Public Law are intended to clarify and to conform sec- Demonstration Project To Improve Business 108–454, and would be prepared after con- tion 1980A of title 38, United States Code, to Practices of Veterans Health Adminis- sultations with veterans service organiza- current provisions and are not intended to tration tions, State and local officials, and other in- make any substantive change in current law. terested groups and advocates. Compromrise Agreement.—Section 501 of Current Law.—There is no applicable cur- House Bills.—The House Bills contain no the Compromise Agreement follows the rent law. comparable provision. House language. Senate Bill.—The Senate Bill contains no comparable provision. Compromise Agreement.—Section 402 of Terminlogy Amendments To Revise Ref- House Bills.—Section 5 of H.R. 1220, as the Compromise Agreement follows the Sen- erences to Certain Veterans in Provi- amended, would establish a demonstration ate language with modifications. VA out- sions Relating to Eligibility for Com- project to improve the Department of Vet- reach activities would be revised and con- pensation or Dependency and Indemnity erans Affairs’ (VA) collections from third- solidated in a new chapter 63 of title 38, Compensation party payers. United States Code. Additionally, VA would Current Law.—Sections 1114(1), 1114(m), be required to prepare biennially an outreach 1115(b)(2), 1122(b)(2), 1311 (c)(2), 1315(g)(2), and Parkinson’s Disease Research, Education, plan governing an upcoming 2 years of out- 1502(b)(2) of title 38, United States Code, con- and Clinical Centers reach activities, beginning on October 1, tain language that refers to ‘‘helpless vet- Current Law.—There is no applicable cur- 2007. Furthermore, VA would be required to erans’’ when relating to eligibility for com- rent law. report biennially on the execution of the pensation or dependency and indemnity com- Senate Bill.—The Senate Bill contains no outreach plan, beginning on October 1, 2008. pensation. comparable provision.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2979 House Bills.—Section 6 of H.R. 1220, as It would also authorize up to three 1 year free of charge. Section 301 of the amended, would permanently authorize six separate specially adaptive housing bill would extend this coverage to 2 Parkinson’s disease Research Education and grants within the current maximum years through September 30, 2011, and Clinical Centers (PADRECCs), subject to ap- 18 months as of October 1, 2011. propriations, and give priority to the exist- amounts. ing PADRECCs for medical care and research Section 102 of this bill would give the Members then may convert to Vet- dollars, insofar as such funds are awarded to Secretary of Veterans Affairs the au- erans’ Group Life Insurance or a com- projects for research in Parkinson’s disease thority to prescribe an appropriate an- mercial policy. Section 302 would pro- and other movement disorders. nual rate adjustment cap for the VA hibit any increase in premiums for Extension of Operation of the President’s Hybrid Adjustable Rate Mortgage Loan health insurance after reinstatement National Hire Veterans Committee program. This provision brings VA except for any general increase in the Current Law.—Section 6 of the Jobs for ARMs in line with the mortgage indus- premiums being charged by the carrier Veterans Act, Public Law 107–288, estab- try and improves their value on the for persons similarly covered. lished the President’s National Hire Vet- secondary market. Currently, a servicemember who is erans Committee (PNHVC) within the De- Mr. Speaker, this bill would also ordered to active duty and terminated partment of Labor. The PNHVC furnishes in- make permanent the Pilot Program for their health insurance, employer-spon- formation to employers with respect to the sored insurance coverage upon release training and skills of veterans and disabled Housing Loans to Native American veterans and the advantages of hiring vet- Veterans; extend the eligibility for Na- from active duty is entitled to rein- erans. The Secretary of Labor provides staff tive American loans to certain non-Na- statement of their previous health in- and administrative support to the PNHVC to tive American veterans who have a surance coverage. assist it in carrying out its duties under this meaningful interest in the property Section 303 closes a current gap in section. The PNHVC also has the authority under tribal law and are the spouses of health insurance coverage for those Re- to contract with government and private servists who elect TRICARE coverage agencies to furnish information to employ- a Native American; and, finally, adjust the maximum loan to conform to the in advance of activation and allows ers. Under current law, the PNHVC termi- them to retain reinstatement rights nated on December 31, 2005. The PNHVC was Freddie Mac limits, similar to other authorized $3 million appropriated from the VA loans currently at $359,650. under their employer-sponsored health Unemployment Trust Fund through fiscal Title II of the bill would transition plan, even if they do not eventually re- year 2005. some of the President’s National Hire port to active duty. Since members of the Reserve com- Senate Bill.—The Senate Bill contains no Veterans Committee’s duties to the As- comparable provision. ponent play such an important role in sistant Secretary of Labor for Vet- House Bills.—Section 201 of H.R. 3665, as today’s military, these important erans’ Employment and Training, and amended, would amend section 6 of the Jobs changes to the law will protect the modifies the title of the Assistant Sec- for Veterans Act by extending, for up to 1 members and their families from loss year, the President’s National Hire Veterans retary’s advisory committee to the Ad- of coverage and unwarranted cost in- Committee until not later than December 31, visory Committee on Veterans Employ- 2006. Section 201 would also extend the au- creases. ment, Training, and Employer Out- Section 401 of the bill would codify a thorization for appropriations through fiscal reach, its membership and its duties to year 2006 and require an additional PNHVC June 2005 Department of Veterans Af- report to the House and Senate Veterans’ Af- improve employer outreach activities. fairs regulation to add heart disease fairs Committees in 2006. Taxpayers made a significant invest- and ensuing complications and stroke Mr. MILLER of Florida. The provi- ment in the work of the President’s to the list of diseases presumed serv- sions in this bill will directly or indi- National Hire Veterans Committee, ice-connected for former prisoners of rectly impact the lives of servicemem- and we feel strongly that some of the war that were interned for at least 30 bers, veterans, and their survivors. duties and products of the committee days. Several of them fall within the juris- should be adopted by the Veterans Em- Section 402 would revise and consoli- diction of the Subcommittee on Dis- ployment and Training Service at the date VA outreach activities into a new ability Assistance and Memorial Af- Department of Labor. chapter of title 38, United States Code, fairs, which I chair. Section 203 would reauthorize the to ensure that servicemembers, vet- The other provisions fall within the Homeless Veterans Reintegration Pro- erans, and their survivors are aware of jurisdiction of the Subcommittee on grams for fiscal years 2007 through the benefits and services to which they Economic Opportunity, which is 2009, and retain the maximum author- may be entitled. chaired by Mr. BOOZMAN. Mr. BOOZMAN ization of $50 million per year. Mr. This section would further require is currently conducting a roundtable Speaker, we recognize that homeless- VA to prepare a biennial outreach plan, on employment in Michigan, so I will ness among veterans continues to be a as well as report to Congress every 2 describe his subcommittee’s provisions problem. While there are varying esti- years on the execution of that plan. I as well. mates about the total number of home- held a committee hearing on March 16 In title I of the bill, we provide addi- less veterans and the causes for home- of this year, and I was disappointed to tional flexibility to the Adapted Hous- lessness, there is no disagreement that learn that VA was no longer filing an ing Grant program and the Native a job is one of the keys to breaking the annual outreach report as mandated by American Home Loan program. These cycle of homelessness and that the law. provisions were originally in H.R. 3665, Homeless Veterans Reintegration Pro- It is our interpretation that by cre- introduced by Mr. BOOZMAN, and H.R. grams remain a valuable tool to assist ating this chapter, VA will put more of 1773, introduced by Ms. HERSETH. homeless veterans in finding gainful an emphasis on its outreach activities. Mr. Speaker, some of those wounded employment. Mr. Speaker, I reserve the balance of in Iraq and Afghanistan return home I do want to emphasize that this is an my time. with significant disabilities. Many se- employment program managed by the Mr. SALAZAR. Mr. Speaker, I yield verely disabled servicemembers spend Veterans Employment and Training myself such time as I may consume. much of their convalescence at a fam- Service at the Department of Labor, Mr. Speaker, I rise today in strong ily home before moving on to a home of and it is not a housing program. support of Senate bill 1235, as amended, their own. Under current rules, VA Title III of the bill would amend the the Veterans’ Housing Opportunity and cannot help adapt family homes to the Servicemembers Civil Relief Act and Benefits Improvement Act of 2006. This veteran’s disability unless the veteran the Uniformed Services Employment bipartisan and bicameral benefit pack- has an ownership interest in that prop- and Reemployment Rights Act to pro- age incorporates a number of impor- erty. vide additional protections to service- tant measures aimed at improving the Section 101 would eliminate the own- members. Section 302 and 303 origi- quality of life for our servicemembers, ership requirement and would also pro- nated in H.R. 2046, introduced by Chair- veterans, and military families. vide a partial Adaptive Housing Assist- man BUYER. I would like to thank Chairman ance grant, ranging from $2,000 to Under current law, when a member is BUYER and Ranking Member LANE $13,000 depending on the level of dis- rated totally disabled at the time of EVANS for their leadership on the full ability to veterans temporarily in separation, Servicemembers’ Group committee and for their assistance in housing owned by a family member. Life Insurance coverage is provided for moving this bill to the floor today.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2980 CONGRESSIONAL RECORD — HOUSE May 22, 2006 I also want to express my apprecia- Nation have earned and deserve our According to the National Coalition for tion to the chairman and ranking best efforts here in Congress. As we ap- Homeless Veterans, a survey of their member of the Economic Opportunity proach Memorial Day today, I am very members revealed that the percentage Subcommittee, JOHN BOOZMAN and proud to support this long overdue leg- of women among homeless vets rose STEPHANIE HERSETH, respectively, for islation, and I am confident that it will from 2 percent in 1966 to 7 percent at their hard work and bipartisan leader- benefit the veterans of my home State the end of 2005. Women who have ship in this legislative package. of Colorado as well as other veterans served in the military are up to four around this country. b 1445 times more likely to become homeless I fully support Senate bill 1235, as when compared with their peers in the Additionally, I would like to thank amended, and urge my colleagues to do general population. These statistics the chairman and ranking member of the same. But before I reserve the bal- demonstrate the importance of passing the Disability Assistance and Memorial ance of my time, I would like to bring S. 1235. Affairs Subcommittee, JEFF MILLER attention to a matter of deep concern. At the forum last week, we heard and SHELLEY BERKLEY, for their dili- We learned today of the theft of 26.5 from a woman veteran, formerly home- gence and hard work on this bill. million veterans’ records from the less. Her story is one of a courageous Our Nation’s servicemembers and home of a career VA employee. I am person who fought for years to over- veterans have earned and their families very concerned about this theft be- come the problems that kept her home- deserve all of the benefits and opportu- cause the records include the name, So- less. At the Mary E. Walker House on nities provided under Senate bill 1235. cial Security number and date of birth the grounds of the VA Coatesville Med- In fact, they deserve much more. I am of every veteran in this country. ical Center in Pennsylvania, she finally pleased, however, that this legislative I would like to encourage veterans to was able to get the assistance she need- package takes a strong step in the visit www.firstgov.gov or call 1–800– ed to reestablish her life, regain her right direction, and I am sure the vet- FED–INFO, 333–4636. children and begin again. While testi- erans and military families in my Mr. Speaker, I reserve the balance of fying, tears came to her eyes. She said home State of Colorado will appreciate my time. they were tears of joy at what the VA Mr. MILLER of Florida. Mr. Speaker, their efforts. program had helped her accomplish. I have no further requests for time, and Mr. Speaker, Senate bill 1235, as We heard also about the success of I reserve the balance of my time. amended, will enable severely disabled the Stand Downs, which began in my veterans to make necessary adapta- Mr. SALAZAR. Mr. Speaker, I yield 5 minutes to the gentleman from Cali- home town of San Diego in 1988 and tions to homes in which they are tem- provide a one-stop 3-day event to pro- porarily residing, and it will give to- fornia (Mr. FILNER). Mr. FILNER. Mr. Speaker, I thank vide all the services needed by home- tally disabled veteran servicemembers the gentleman for yielding me time, less vets; that is, counseling, clothing, who are leaving military service an ad- and I thank Mr. MILLER of Florida. food, medical and dental, assistance ditional year of Servicemembers’ I rise in strong support of this Vet- with job applications. Group Life Insurance coverage and erans’ Housing Opportunity and Bene- We know how to help our vets. We limit unjustified health premium in- fits Improvement Act that is before us. have to bring together all these serv- creases on activated National Guard This is bipartisan legislation and in- ices in one place. And rather than have members and Reservists. It will extend cludes several provisions introduced by 3-day Stand Downs around the country, the Homeless Veterans Reintegration both Democrats and Republicans. It we ought to have these services avail- Program which provides employment demonstrates what can be accom- able to our veterans everyday. In addi- opportunities for homeless veterans plished when we work together to de- tion, the Homeless Court Program, and improve the Department of Labor’s liver the best to our Nation’s veterans, which began a few years ago, brings the Veterans Employment and Training and again, I thank Chairman MILLER court to homeless shelters to assist Service. and all the Members on his side for homeless defendants in resolving out- In addition, the bill includes lan- bringing to us this bipartisan legisla- standing cases that prevent them from guage from H.R. 1773, the Native Amer- tion. getting jobs and moving forward. ican Veterans Home Loan Act, a meas- One of the most important parts of I would also like to call attention to ure introduced by Representative the bill is the reauthorization of appro- another important successful program STEPHANIE HERSETH of South Dakota. priations for the Labor Department’s not in this bill before us today, the VA This bill will make permanent the Na- Homeless Veterans Reintegration Pro- Homeless Grant and Per Diem program tive American Housing Loan Program gram (HVRP), through fiscal year 2009 which directs funding to providers of so that veterans residing on tribal land with a maximum level of $50 million housing and traditional services for can obtain an appropriate home loan. per year. This program has proven to homeless vets. I believe this program It will also provide housing opportu- be very successful in providing job should be given an authorized annual nities for veterans who are residing on training and other services that help spending level of $130 million for the tribal land with Native American our Nation’s veterans get back into next 5 years. This would mean that the spouses. productive lives. funding level would increase each year By all accounts, the pilot program Mr. Speaker, together with the rank- to reach by increments the $130 million has been a great success and, in fact, ing member, Mr. EVANS, I convened a level. has a negative subsidy; that is, it actu- homeless veterans forum just last Our colleagues on the Appropriations ally pays for itself. That is something Thursday, May 18. We heard some very Committee have authorized this pro- that is rarely done here at the Federal tough statistics, hard-to-hear statistics gram through September of 2007. I sug- level. Making this program permanent about our Nation’s veterans. Each gest our committee take steps to con- is the right thing to do for Native night as many as 200,000 veterans are tinue the authorization of this program American veterans and their families. sleeping in a doorway, under a bridge, through 2012. Mr. Speaker, we also know that vet- in an alley, in a box, in a barn or a car Mr. Speaker, we have heard of other erans who are former prisoners of war or homeless shelter. In fact, one out of important components of this bill, im- have been found to have dispropor- every three homeless males is a vet- provements in employment, life and tionate rates of heart disease and eran, most of those from Vietnam. A health insurance, adapted housing, and stroke. This bill will assure that they hard-to-believe fact is that the number housing loans to Native American vet- will be compensated for these condi- of homeless Vietnam-era veterans is erans. I would like to thank Chairman tions by codifying a current regulation. greater, Mr. Speaker, than the number BUYER, Ranking Member EVANS, and Finally, this bill will improve the De- of servicemembers who died during the chairman and ranking members of partment of Veterans Affairs’ outreach that war. This is almost unbelievable, the subcommittees and their staff who to veterans and their families in an or- and Congress must renew efforts to diligently worked to make this bill a ganized fashion. fight this plague. reality. I urge the passage of this bill. Mr. Speaker, the servicemembers, Women veterans, unfortunately, are Mr. MILLER of Florida. Mr. Speaker, veterans and military families of this also joining the ranks of the homeless. I reserve the balance of my time.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2981 Mr. SALAZAR. Mr. Speaker, I yield 3 Ranking Member EVANS, Chairman Members of the Reserve and National minutes to the gentleman from Amer- BOOZMAN, Ranking Member BERKLEY Guard today play roles of unprecedented im- ican Samoa, ENI FALEOMAVAEGA. and Ranking Member HERSETH for portance in our national security and must be (Mr. FALEOMAVAEGA asked and their leadership on crafting this bill. I accorded commensurate protections. was given permission to revise and ex- also want to recognize Chairman CRAIG In provisions originally introduced by H.R. tend his remarks.) and Ranking Member AKAKA of the 2046, which I sponsored, title three of the bill Mr. FALEOMAVAEGA. Mr. Speaker, Senate Veterans’ Affairs Committee increases job security among veterans by im- I rise today in support of Senate bill and the staff on both sides of the aisle proving the Servicemembers’ Civil Relief Act, 1235, the Veterans Housing Opportunity for their hard work. SCRA, and the Uniformed Services Employ- and Benefits Improvement Act of 2006, Mr. Speaker, I urge my colleagues to ment and Reemployment Rights Act, and I thank my colleagues for includ- support Senate bill 1235, as amended. USERRA. Servicemembers who are activated ing my provision which makes it pos- Mr. BUYER. Mr. Speaker, I offer this state- and drop their commercial health insurance sible for Samoan or Hawaiian or Native ment in support of S. 1235, as amended, the are now entitled to reinstatement of that policy American veterans to qualify for VA Veterans’ Housing Opportunity and Benefits upon their return from active duty. This bill home loans. Improvement Act of 2006. prohibits premium increases after reinstate- In 1992, as a result of the leadership Working together with the Senate Com- ment other than such increases charged by of the chairman and ranking members mittee on Veterans’ Affairs, we have reached that insurer for other policy holders similarly of the Veterans’ Affairs Committee of a compromise that will provide significant im- covered. both Houses, we were able to establish provements in veterans’ benefits, for those Some reservists choose to enroll in a pilot program in 1992 which became who have served this country and for those TRICARE before they are activated, for exam- Public Law 102–547, making it possible who will follow in their footsteps. ple in anticipation of activation; and S. 1235 for Native Americans, Native Hawai- Under title one, this bill will increase the as amended preserves their reinstatement ians and American Samoans to qualify flexibility enjoyed by the Adapted Housing rights under the provision detailed in the pre- for VA home loans. Grant Program and the Native American ceding paragraph, even if they ultimately do One of the problems that was encoun- Home Loan Program. I commend Mr. not serve on active duty. tered by the thousands of Native Amer- BOOZMAN and Ms. HERSETH for their leader- Section 301 of the bill would, until Sep- icans, Native Hawaiians and American ship in originally introducing these provisions, tember 30, 2011, double to 2 years the provi- Samoans was the fact that they were in H.R. 3665 and H.R. 1773, respectively. sion of Servicemembers’ Group Life Insurance not able to get any commercial loans As they return home to convalesce from coverage free of charge when a member is because they lived in reservations for medical care, many injured or wounded rated totally disabled at separation. From Oc- Native Americans; they lived in res- servicemembers spend time in a family mem- tober 2001 forward, the limit will be 18 months ervations for Native Hawaiians. They ber’s home before returning to their own of free SGLI coverage. lived in homestead lands. For my peo- home. This legislation authorizes the Depart- Former prisoners of war experience great ple, they lived in communally owned ment of Veterans Affairs to equip a family hardships that often manifest themselves in lands. What this legislation does is it member’s home with necessary adaptive ailments years after interment. Section 401 of simply allows these people to partici- equipment. Further, it provides a partial adapt- the bill would codify the VA’s June 2005 regu- pate in this important program. I espe- ive housing allowance grant of between lation that added heart disease and ensuing cially want to thank Chairman STEVE $2,000 and $14,000 to accomplish that adap- complications, as well as stroke, to those dis- BUYER and Ranking Member LANE tation. eases presumptively service-connected for EVANS of the Committee on Veterans’ This bill also helps Native American vet- former prisoners of war who were captive for Affairs and also Chairman JOHN erans and their families by making it easier for at least 30 days. BOOZMAN and Ranking Member STEPH- them to own their own home. We do that by Outreach to veterans is a perennial criticism ANIE HERSETH of the Subcommittee on making permanent a housing loan pilot pro- Economic Opportunity, and Mary Ellen leveled at VA by the Congress. Veterans can- gram for Native American veterans and extend McCarthy, Democratic Staff Director not access benefits they don’t know about. eligibility for Native American loans to non-na- for Disability Assistance and Memorial This bill will increase accountability by causing Affairs, for their support and tireless tive American veterans who are spouses of a outreach activities to be collected into a dis- efforts in making this possible. Native American and who have a meaningful crete chapter of title 38, facilitating manage- I also want to thank the VA for as- interest in the property under tribal law. We ment and oversight of outreach and require sisting the Veterans’ Affairs Com- also increase the maximum loan amount avail- VA to prepare a biennial outreach plan and re- mittee and my office in drafting the able on tribal lands from $80,000 to the max- port to Congress on its performance of that appropriate language to make this a imum limit used for Freddie Mac loans, now plan every two years. go. over $417,00. Mr. Speaker, I commend and thank Ranking Mr. Speaker, as we approach Memo- Finally, under title one, we authorize the Member LANE EVANS, Chairman BOOZMAN, rial Day to remember and honor our Secretary of Veterans Affairs to prescribe an- Chairman MILLER, Ranking Member BERKLEY, military men and women who have nual rate adjustment caps for VA’s hybrid ad- and Ranking Member HERSETH for their work died in serving our Nation during a justable rate mortgage loans, thus bringing bringing in this legislation to the Congress an time of war, I believe Senate bill 1235 is these ARMs into line with the mortgage indus- ultimately to the cause of service to our vet- a fitting tribute to the veterans who try and enhancing their value on the sec- erans. I also recognize my counterpart, Sen- are still with us. And I am especially ondary market. ator LARRY CRAIG, chairman of the Senate pleased that this legislation provides Mr. Speaker, title two of the bill would mi- Committee on Veterans’ Affairs, and Ranking my district’s veterans with the housing grate some of the sunsetted President’s Na- Member AKAKA, for their leadership on this im- opportunities and other benefits that tional Hire Veterans Committee duties to the portant legislation. they deserve. For this reason, I again Veterans’ Employment and Training Service of Mr. CASE. Mr. Speaker, I rise in full support thank my colleagues and I sincerely the Assistant Secretary of Labor. Further, to of S. 1235, the Veterans’ Benefits Act, which ask my colleagues to approve this leg- improve employer outreach, the bill modifies addresses a multitude of important issues fac- islation. membership and duties to the Department of ing our nation’s veterans: life and health insur- Mr. MILLER of Florida. Mr. Speaker, Labor’s newly named Advisory Committee on ance, housing for our disabled and Native I reserve the balance of my time. Veterans Employment, Training and Outreach. American veterans, adjustable rate mortgages, Mr. SALAZAR. Mr. Speaker, I would Title two also reauthorizes the Homeless POW diseases, Tricare, homeless veterans, like today to let folks know that this Veterans Reintegration Program for fiscal and veterans outreach. is a great step in the right direction in years 2007 through 2009, retaining the max- Section 104 of S. 1235 provides permanent making sure that we keep our promise imum authorization of $50 million per year. authority for the Native American Direct Home to our veterans. Winning the fight against homelessness Loan Program and extends eligibility for such Mr. Speaker, I have no further re- means finding homeless veterans good jobs, loans to non-Native American spouses of Na- quests for time, and I yield back the and that is what this program, managed by the tive Americans living on Native American trust balance of my time. Department of Labor, is intended to do. It is lands. H.R. 3665, which I cosponsored and Mr. MILLER of Florida. Mr. Speaker, therefore a critical component of our program which passed the House last November, also I want to thank Chairman BUYER, to end chronic homelessness among veterans. contained this important provision.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 D:\FIX-CR\H22MY6.REC H22MY6 H2982 CONGRESSIONAL RECORD — HOUSE May 22, 2006 The Native American Direct Home Loan being our Nation’s veterans and their families. through the end of the subsection and insert- Program has been a highly successful vet- This legislation will increase the availabilty and ing the following: ‘‘Secretary for expenditure erans effort, particularly in my Hawaii where it amount of coverage for life insurance, assist in on activities associated with commemo- applies to veterans living on lands held in trust rating the bicentennial of the Lewis and stabilizing low mortgage rates, require edu- Clark Expedition, as follows: under this Congress’ Hawaiian Homes Com- cational outreach by the VA to better inform ‘‘(1) NATIONAL COUNCIL OF THE LEWIS AND mission Act of 1920. our veterans of services available to them. CLARK BICENTENNIAL.—1⁄2 to the National The majority of these Hawaiian home lands As our brave service men and women con- Council of the Lewis and Clark Bicentennial. are in my 2nd Congressional District, on the tinue to serve in harm’s way, it is important ‘‘(2) MISSOURI HISTORICAL SOCIETY.—1⁄2 to islands of Oahu, Kauai, Molokai, Maui, Hawaii, that we always honor their sacrifices and sup- the Missouri Historical Society.’’; and Lanai. port their families. They return home as vet- (2) by redesignating subsection (b) as sub- Since the inception of this program, which erans and join the ranks of many who have section (c); and was spearheaded by Hawaii Senator Spark selflessly served our Nation. These brave men (3) by inserting after subsection (a) the fol- Matsunaga, and continued by Senator DANIEL lowing new subsection: and women have given so much so that the ‘‘(b) TRANSFER OF UNEXPENDED FUNDS.— AKAKA, Native Hawaiian veterans have suc- American people and our values would remain Any proceeds referred to in subsection (a) cessfully utilized this direct home loan pro- safe. that were dispersed by the Secretary and re- gram for their acute housing needs, and, I am As they faithfully upheld their duty to defend main unexpended by the National Council of proud to say, with nominal delinquency. Over our flag and all that it stands for—now we the Lewis and Clark Bicentennial or the Mis- $20 million has been approved for over 200 have a duty to stand strong for them. souri Historical Society as of June 30, 2007, loans in Hawaii, with 106 loans, totaling $7.5 I urge passage of this legislation. shall be transferred to the Lewis and Clark million, pending. Mr. MILLER of Florida. Mr. Speaker, Trail Heritage Foundation for the purpose of This is an incredible help not only with the I yield back the balance of my time. establishing a trust for the stewardship of needs of many veterans who would likely oth- the Lewis and Clark National Historic The SPEAKER pro tempore. The Trail.’’. erwise be precluded from quality housing, but question is on the motion offered by The SPEAKER pro tempore. Pursu- with Hawaii’s overall housing crisis. the gentleman from Florida (Mr. MIL- ant to the rule, the gentleman from Due to its success over the last 13 years, LER) that the House suspend the rules Iowa (Mr. LEACH) and the gentlewoman the Native American Direct Home Loan Pro- and pass the Senate bill, S. 1235, as from New York (Mrs. MALONEY) each gram, which initially started out as a pilot pro- amended. gram, was twice extended by Congress, but is The question was taken. will control 20 minutes. currently set to expire on December 31, 2005. The SPEAKER pro tempore. In the The Chair recognizes the gentleman It is vital to understand why this program is opinion of the Chair, two-thirds of from Iowa. so important to our Native American veterans those present have voted in the affirm- GENERAL LEAVE and why we should make the program perma- ative. Mr. LEACH. Mr. Speaker, I ask unan- nent, as S. 1235 purposes. Mr. MILLER of Florida. Mr. Speaker, imous consent that all Members may Of course, the most basic reason is the suc- on that I demand the yeas and nays. have 5 legislative days within which to cess of the overall program in honoring our The yeas and nays were ordered. revise and extend their remarks and in- commitment to our nation’s veterans. The SPEAKER pro tempore. Pursu- sert extraneous material on this legis- Beyond that, Congress found some years ant to clause 8 of rule XX and the lation. ago that, during the entire history to that date Chair’s prior announcement, further The SPEAKER pro tempore. Is there of the program, not a single Native American proceedings on this question will be objection to the request of the gen- veteran living on Indian trust lands or Hawai- postponed. tleman from Iowa? ian home lands had received a VA home loan f There was no objection. under the VA’s traditional home loan program. Mr. LEACH. Mr. Speaker, I yield my- The reason for that was that the unique GENERAL LEAVE self such time as I may consume. trust status of native lands did not lend itself Mr. MILLER of Florida. Mr. Speaker, Mr. Speaker, I rise in support of H.R. to conventional lending practices because I ask unanimous consent that all Mem- 5401, the Lewis and Clark Commemora- banks and other financial institutions did not bers may have 5 legislative days within tive Coin Correction Act introduced by recognize those lands as valid collateral. which to revise and extend their re- the gentlewoman from Missouri (Mrs. As part of our obligation to all of our Na- marks and include extraneous material EMERSON). This is a technical correc- tion’s veterans is to ensure that they are all on Senate bill 1235, as amended. tion which addresses language in legis- able to tap fully into VA programs, the Native The SPEAKER pro tempore. Is there lation that authorized the minting and American Direct Home Loan Program ad- objection to the request of the gen- sale of a commemorative coin recog- dressed this unique and discrete challenge tleman from Florida? nizing the bicentennial of the great facing many Native American veterans and af- There was no objection. Lewis and Clark Corps of Discovery ex- forded them the same opportunity of home- pedition. ownership availed their comrades-in-arms. f This bill recognizes and improves upon the LEWIS AND CLARK COMMEMORA- b 1500 clear success of this effort, and I ask my col- TIVE COIN CORRECTION ACT The original legislation was spon- leagues to vote in favor of S. 1235. Mr. LEACH. Mr. Speaker, I move to Mahalo. sored by a former colleague, the gen- suspend the rules and pass the bill Mr. CANTOR. Mr. Speaker, I rise today in tleman from Nebraska (Mr. Bereuter), (H.R. 5401) to amend section 308 of the support of the Veterans Benefits Improvement and the coin was issued in the year Lewis and Clark Expedition Bicenten- Act. 2004. For more then 10 years, Congress has nial Commemorative Coin Act to make That bill specified that the surcharge taken unprecedented steps to support our vet- certain clarifying and technical income from the sale of the coins be di- erans and the families. The American veteran amendments. vided between the National Lewis and is the model of integrity. They have given this The Clerk read as follows: Clark Bicentennial Council and the Na- Nation so much and ask for so little in return. H.R. 5401 tional Park Service to be used for They symbolize all that is great about Amer- Be it enacted by the Senate and House of Rep- events commemorating the bicenten- ica. resentatives of the United States of America in nial. Unfortunately, the Park Service Since 1995, Congress has increased the Congress assembled, has no capacity to raise the private Department of Veterans Affairs’ healthcare SECTION 1. SHORT TITLE. funding necessary to satisfy the match- budget by 80 percent, drastically increased This Act may be cited as the ‘‘Lewis and ing funds requirement of statutes guid- coverage and benefits, and taken great steps Clark Commemorative Coin Correction Act’’. ing the issuance of commemorative to better the lives of families left behind. This SEC. 2. LEWIS AND CLARK COMMEMORATIVE coins. COIN AMENDMENTS. This legislation, which has broad bi- legislation continues to help our veterans, and Section 308 of the Lewis and Clark Expedi- it is my privilege to cast a vote in favor of our tion Bicentennial Commemorative Coin Act partisan support, corrects that problem veterans. (31 U.S.C. 5112 note) is amended— and will allow disbursement of the Today, Congress takes another step in our (1) in subsection (a), by striking ‘‘Sec- funds in ways that support the Lewis on-going effort to better the lives and well retary as follows:’’ and all that follows and Clark exhibit that has made its

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2983 way around the country and opened 2 York and friend and gentleman from A motion to reconsider was laid on weeks ago at the Smithsonian’s Mu- Iowa for their support on this bill. the table. seum of Natural History. This is an ex- Mr. Speaker, several years ago, I f traordinarily educational exhibit with hosted a small breakfast for the well- many items from personal collections known historian Stephen Ambrose, and PROVIDING FOR PARTICIPATION that have not been together since the I asked him what it was that made OF JUDICIAL BRANCH EMPLOY- expedition itself. America so great. Now, I fully expected EES IN LEAVE TRANSFER PRO- Mr. Speaker, this is a technical cor- him to mention the westward move- GRAM FOR DISASTERS AND rection with no cost to the govern- ment of American pioneer families in EMERGENCIES ment. The cause is deserving. Amer- the 1800s. Mr. SHAYS. Mr. Speaker, I move to ican history has many elements, but Instead, Mr. Ambrose replied, ‘‘Look suspend the rules and pass the Senate the Lewis and Clark expedition is at Russia. They have abundant natural bill (S. 1736) to provide for the partici- unique to our development as a Nation. resources and a hearty workforce. But pation of employees in the judicial The courageous trek deserves celebra- they never had a George Washington, a branch in the Federal leave transfer tion because it helps define the innate John Adams and a Thomas Jefferson. program for disasters and emergencies. sense of adventure which is such an in- It was Thomas Jefferson who had the The Clerk read as follows: tegral part of the American spirit. wisdom and the foresight to appoint S. 1736 Mr. Speaker, I ask for its immediate Merriweather Lewis and William Clark Be it enacted by the Senate and House of Rep- passage and would simply note the to explore the Louisiana Territory.’’ resentatives of the United States of America in wonderful support on both sides of the I am pleased that we are considering Congress assembled, aisle as symbolized by the gentle- this legislation that will continue to SECTION 1. LEAVE TRANSFER PROGRAM IN DIS- woman from New York (Mrs. ASTERS AND EMERGENCIES. honor the historic achievements of Section 6391 of title 5, United States Code, MALONEY), a good friend. Lewis and Clark, and I want to thank Mr. Speaker, I reserve the balance of is amended— my good friend, JO ANN EMERSON, for (1) by redesignating subsection (f) as sub- my time. introducing the bill; and I appreciate section (g); and Mrs. MALONEY. Mr. Speaker, I yield the support of Financial Services Com- (2) by inserting after subsection (e) the fol- myself such time as I may consume. mittee Chairman MIKE OXLEY and lowing: Mr. Speaker, I rise in support of H.R. ‘‘(f) After consultation with the Adminis- Ranking Member BARNEY FRANK. 5401, the Lewis and Clark Commemora- trative Office of the United States Courts, This bill will designate the National tive Coin Correction Act. This tech- the Office of Personnel Management shall Council of the Lewis and Clark Bicen- nical correction to the Lewis and Clark provide for the participation of employees in Expedition Bicentennial Commemora- tennial and the Missouri Historical So- the judicial branch in any emergency leave tive Coin Act redirects a portion of the ciety as beneficiaries of proceeds from transfer program under this section.’’. proceeds of sales of the Lewis and the sale of the Lewis and Clark com- The SPEAKER pro tempore. Pursu- Clark silver dollars from the National memorative coin. These nonprofit or- ant to the rule, the gentleman from Park Service to the Missouri Historical ganizations have raised nearly $5 mil- Connecticut (Mr. SHAYS) and the gen- Society. lion to conduct Lewis and Clark Bicen- tlewoman from New York (Mrs. The Park Service does not want to tennial promotional activities. They MALONEY) each will control 20 minutes. and cannot receive the one-third share will use funds from the sale of the coin The Chair recognizes the gentleman of the surcharge funds originally allo- to further historic investments in the from Connecticut. cated to it since it has no mechanism Lewis and Clark Heritage Trail and to GENERAL LEAVE to raise the required matching funds. promote additional Lewis and Clark bi- Mr. SHAYS. Mr. Speaker, I ask unan- The Missouri Historical Society, in centennial celebrations. imous consent that all Members may contrast, has to date raised matching This legislation has been endorsed by have 5 legislative days within which to funds equal to over half of the sur- the National Council of the Lewis and revise and extend their remarks and in- charge funds. The other share has been Clark Bicentennial and the Lewis and clude extraneous material on the bill raised by the National Council of the Clark Trail Heritage Foundation, under consideration. Lewis and Clark Bicentennial. which includes representation from all The SPEAKER pro tempore. Is there Under the bill proposed today, the the States along the Missouri River objection to the request of the gen- National Council and the Missouri His- basin. tleman from Connecticut? torical Society would each receive half It is with a note of interest, Mr. There was no objection. of the surcharge funds. Any funds not Speaker, that the Missouri River flows Mr. SHAYS. Mr. Speaker, I yield my- expended by these two organizations right by my hometown of Lexington, self such time as I may consume. would go to the Lewis and Clark Herit- Missouri, and as Lewis and Clark went Mr. Speaker, I rise today in support age Foundation for the establishment up that river in that historic year 1804, of S. 1736, legislation to allow judicial of a trust for the stewardship of the they went by the bluffs which now con- branch employees to participate in the Lewis and Clark Historical Trail. tain my hometown of Lexington, Mis- Federal leave transfer program in the I am happy to say the coin has been souri. So it is special to those of us event of disasters and emergencies. very successful and raised almost $5 that do live along the river that we In 1997, Congress authorized the cre- million to date. I understand that this continue to honor the work, the cour- ation of an emergency leave transfer resolution is supported by Congres- age of Lewis and Clark on their very, program that allowed employees of the sional Representatives from many of very courageous journey. executive branch, as well as the Gov- the States along the trail and by the Mrs. MALONEY. Mr. Speaker, I have ernment Accountability Office, to board of the national council, which no further speakers, and I yield back transfer portions of their annual leave has members from all of the Lewis and the balance of my time. to other executive branch employees Clark States. Mr. LEACH. Mr. Speaker, I thank who are adversely affected by a natural It is a sensible way to assure that very much the gentlewoman from New disaster or emergencies. The 1997 legis- funds raised by this coin are used for York and, of course, the gentleman lation was built upon special proce- activities that preserve and honor the from Missouri; and I yield back the bal- dures that were developed to assist achievements of the Lewis and Clark ance of my time. Federal employees in the wake of the expedition. The SPEAKER pro tempore. The bombing of the Alfred P. Murrah Fed- Mr. Speaker, I yield such time as he question is on the motion offered by eral Building in Oklahoma City, Okla- may consume to the gentleman from the gentleman from Iowa (Mr. LEACH) homa, on April 19, 1995. the great State of Missouri (Mr. SKEL- that the House suspend the rules and In the aftermath of Hurricane TON), the lead Democratic cosponsor of pass the bill, H.R. 5401. Katrina, the Administrative Office of this bill and the ranking member of the The question was taken; and (two- the United States Courts petitioned Armed Services Committee. thirds having voted in favor thereof) Congress to consider extending the ex- Mr. SKELTON. Mr. Speaker, I thank the rules were suspended and the bill isting emergency leave transfer pro- my friend and gentlewoman from New was passed. gram to cover employees of the judicial

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2984 CONGRESSIONAL RECORD — HOUSE May 22, 2006 branch. S. 1736, introduced last Sep- SCOTT REED FEDERAL BUILDING tucky in 1976. He was considered a tember by Homeland Security and Gov- AND UNITED STATES COURT- strict interpreter of Kentucky’s con- ernmental Affairs Committee Chair HOUSE stitution and a staunch advocate of the SUSAN COLLINS, was passed by the Sen- Mr. SHUSTER. Mr. Speaker, I move separation of the judiciary from the ate last October. While it may be too to suspend the rules and pass the bill other branches of government. In 1979, he was named U.S. district late to benefit the approximately 400 (H.R. 4530) to designate the Federal judge for the Eastern District of Ken- judicial branch employees displaced by building and United States courthouse tucky. He served as a U.S. district Hurricane Katrina, this authority will located at 101 Barr Street in Lex- judge until he retired in 1990. be available to judicial branch employ- ington, Kentucky, as the ‘‘Scott Reed ees should disaster strike again. His opinions from the Supreme Court Federal Building and United States of Kentucky have received national ac- Mr. Speaker, this legislation dem- Courthouse’’. onstrates to our hardworking and dedi- claim for their scholarly content, and The Clerk read as follows: he has been recognized by many in a cated Federal workforce that the Con- H.R. 4530 gress of the United States is com- comparable light to Brandeis, Holmes, Be it enacted by the Senate and House of Rep- and Marshall. mitted to their safety and security. I resentatives of the United States of America in urge all of my colleagues to support Congress assembled, b 1515 this important legislation. SECTION 1. DESIGNATION. I support this measure and urge my Mr. Speaker, I reserve the balance of The Federal building and United States colleagues to do the same. my time. courthouse located at 101 Barr Street in Lex- Mr. Speaker, I reserve the balance of Mrs. MALONEY. Mr. Speaker, I yield ington, Kentucky, shall be known and des- my time. myself such time as I may consume. ignated as the ‘‘Scott Reed Federal Building Mr. CHANDLER. Mr. Speaker, I yield Mr. Speaker, I rise in support of this and United States Courthouse’’. myself such time as I may consume. legislation. On September 2, 2005, the SEC. 2. REFERENCES. I first want to thank the gentleman President authorized the Office of Per- Any reference in a law, map, regulation, from Pennsylvania (Mr. SHUSTER) for document, paper, or other record of the sonal Management to establish an his working with me on this bill. He United States to the Federal building and has been very helpful throughout the emergency leave transfer program for United States courthouse referred to in sec- executive branch employees affected by tion 1 shall be deemed to be a reference to process. Hurricane Katrina. The Judicial Con- the ‘‘Scott Reed Federal Building and United Mr. Speaker, H.R. 4530 is a bill to des- ference of the United States subse- States Courthouse’’. ignate the Federal building and United States courthouse located at 101 Barr quently requested legislative authority The SPEAKER pro tempore. Pursu- Street in Lexington, Kentucky, as the to do the same. ant to the rule, the gentleman from Scott Reed Federal Building and The judicial circuits and districts af- Pennsylvania (Mr. SHUSTER) and the United States Courthouse. I can think fected by Hurricane Katrina have thus gentleman from Kentucky (Mr. CHAN- of no other individual more deserving, far only been able to grant weather DLER) each will control 20 minutes. no other public servant more worthy emergency-related administrative The Chair recognizes the gentleman and no other action more appropriate leave to their employees. Administra- from Pennsylvania. tive leave for judicial employees will than naming the Federal courthouse in GENERAL LEAVE Lexington after the Honorable Scott be curtailed as the courts slowly re- Mr. SHUSTER. Mr. Speaker, I ask sume operations. Reed. unanimous consent that all Members A prominent central Kentucky attor- S. 1736 will ensure an emergency may have 5 legislative days in which to ney, first Chief Justice of the Ken- leave transfer program is in place to revise and extend their remarks and in- tucky Supreme Court and Federal assist approved judicial branch leave clude extraneous material on H.R. 4530. judge, Scott Reed exemplifies the defi- recipients as their need for donated The SPEAKER pro tempore. Is there nition of honor and integrity. Born in leave increases when affected courts objection to the request of the gen- Lexington, Kentucky, on July 3, 1921, resume operations and many of the em- tleman from Pennsylvania? Scott Reed graduated with distinction ployees who evacuated in response to There was no objection. from the University of Kentucky. Hurricane Katrina remain unable to re- Mr. SHUSTER. Mr. Speaker, I yield While in college, he was editor-in-chief turn to work. myself such time as I may consume. of the Kentucky Law Journal and I join Senators COLLINS and H.R. 4530 was introduced by the gen- awarded the Order of the Coif, the LIEBERMAN in supporting this bill. tleman from Kentucky (Mr. CHAN- highest academic award that can be Mr. Speaker, I yield back the balance DLER). The bill designates the Federal given to a law graduate. He was also a of my time. building and United States courthouse member of the Phi Delta Phi Frater- Mr. SHAYS. Mr. Speaker, I yield my- located at 101 Barr Street in Lex- nity. self such time as I may consume. ington, Kentucky, as the Scott Reed He achieved many honors at the Uni- I just want to say that I should not Federal Building and United States versity of Kentucky culminating, upon have left out Senator LIEBERMAN. Sen- Courthouse. graduation, as the recipient of the ator LIEBERMAN and Senator COLLINS Judge Scott Reed was born in Lex- Algernon Sydney Sullivan Medallion, both worked very closely on a bipar- ington, Kentucky, on July 3, 1921. He an extremely prestigious award given tisan basis to move forward important graduated from Henry Clay High to individuals who ‘‘exhibit ideals of legislation. I think this is important School and the University of Kentucky heart, mind and conduct as evince a legislation, and I join with my col- College of Law, where he received spirit of love for and helpfulness to league, the gentlewoman from New many honors. other men and women.’’ York (Mrs. MALONEY), in urging pas- During his years as a private attor- Prior to his service on the bench, sage of this legislation. ney, he distinguished himself as a trial Scott Reed was County Attorney. He Mr. Speaker, I yield back the balance lawyer of great integrity. His career as was retained as counsel for the Fayette of my time. a jurist began in 1964 when he became County School Board and distinguished The SPEAKER pro tempore. The a Fayette Circuit Court judge. Five himself as a trial lawyer with great in- question is on the motion offered by years later, he was elected to the Ken- tegrity. He served from 1948 through the gentleman from Connecticut (Mr. tucky Court of Appeals, where he sat 1956 as an acting associate professor at SHAYS) that the House suspend the for over 7 years. the University of Kentucky College of rules and pass the Senate bill, S. 1736. During the mid-1970s, Kentucky’s ju- Law, and from 1964 until 1969, he was The question was taken; and (two- dicial system experienced a significant judge of the First Division of the Fay- thirds having voted in favor thereof) reorganization with the creation of the ette County Circuit Court, which is the the rules were suspended and the Sen- new Kentucky Supreme Court. Judge highest trial court in the Common- ate bill was passed. Reed played an instrumental role in wealth of Kentucky. He then was elect- A motion to reconsider was laid on the reorganization and was elected to ed to the Kentucky Court of Appeals, the table. serve as the first chief justice of Ken- at that time Kentucky’s highest court.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2985 As Chief Judge of the Kentucky tinguished himself as a trial lawyer of great in- (2) by inserting after subsection (f) the fol- Court of Appeals, Judge Reed oversaw tegrity. During this time, he also taught at the lowing: the most comprehensive judicial re- University of Kentucky College of Law. ‘‘(g) STANDARDS FOR STATE AND LOCAL EMERGENCY PREPAREDNESS OPERATIONAL form in our State’s history. It included From 1964 to 1969, Judge Reed was judge PLANS.—In approving standards for State passage of a constitutional amendment of the First Division of the Fayette Circuit and local emergency preparedness oper- that unified and modernized Ken- Court. From 1969 until 1976, he served on the ational plans pursuant to subsection (b)(3), tucky’s court system. As part of the Court of Appeals, 5th Appellate District. In the Director shall ensure that such plans modernization, the Court of Appeals 1976, Judge Reed became the Chief Justice take into account the needs of individuals became the Kentucky Supreme Court, of the Commonwealth of Kentucky, a position with household pets and service animals fol- and Scott Reed was elected by his fel- which holds equal rank with the Governor. His lowing a major disaster or emergency.’’ low justices to be the first Chief Jus- opinions from the Supreme Court of Kentucky The SPEAKER pro tempore. Pursu- tice of Kentucky. have received national attention for their ant to the rule, the gentleman from As Chief Justice, he then oversaw the scholarly content and careful judicial rea- Pennsylvania (Mr. SHUSTER) and the implementation of the reform that has soning. gentleman from Kentucky (Mr. CHAN- led Kentucky into having one of the In August 1979, Judge Reed was nominated DLER) each will control 20 minutes. most efficient and modern court sys- by President Carter to the federal bench. He The Chair recognizes the gentleman tems in the country. The Chief Justice was confirmed later that year and served until from Pennsylvania. of the Commonwealth holds equal rank his death in 1994. During his confirmation GENERAL LEAVE with the Governor, the latter being the hearing for the federal bench, Judge Reed Mr. SHUSTER. Mr. Speaker, I ask head of the executive branch and the was characterized as possessing a great unanimous consent that all Members Chief Justice serving as head of the ju- sense of fairness and objectivity, practical may have 5 legislative days in which to diciary. legal experience, and great respect for the law revise and extend their remarks and in- He was elected as a fellow in the Na- and its responsibility to our Nation’s citizens. clude extraneous material on H.R. 3858. The SPEAKER pro tempore. Is there tional College of the Judiciary in 1965 Both Senator Huddleston and Senator Ford objection to the request of the gen- and Judge Reed was a voting member participated in Judge Reed’s confirmation of the American Law Institute, a body tleman from Pennsylvania? hearing in October 1979. There was no objection. of scholarly people who shape the laws Judge Reed enjoyed a rich and rewarding Mr. SHUSTER. Mr. Speaker, I yield of our Nation. The opinions written by career. His contributions to the American judi- myself such time as I may consume. Scott Reed during his time on the Su- cial system are exceptional. It is fitting that the H.R. 3858, originally sponsored by preme Court of Kentucky have received Lexington courthouse bears his name to honor Representative LANTOS of California national acclaim for their scholarly his distinguished career and enduring legacy. and Representative SHAYS of Con- content. He has been viewed as one of I support H.R. 4530 and urge its passage. necticut amends the Robert T. Stafford Kentucky’s most accomplished and Mr. SHUSTER. Mr. Speaker, I have Disaster Relief and Emergency Assist- erudite jurists. no further requests for time, and I ance Act to require the Director of Judge Reed was a frequent lecturer yield back the balance of my time. FEMA to ensure that State and local to the National College of Trial Judges The SPEAKER pro tempore (Mr. emergency preparedness operational and has achieved the highest honors CAMPBELL of California). The question plans take into account the needs of in- that can be bestowed on a member of is on the motion offered by the gen- dividuals with household pets and serv- his profession. Scott Reed was named tleman from Pennsylvania (Mr. SHU- ice animals following a major disaster to the University of Kentucky College STER) that the House suspend the rules or emergency. of Law Hall of Distinguished Alumni and pass the bill, H.R. 4530. During the evacuation of the gulf on April 11, 1980. He crowned his career The question was taken; and (two- coast region last fall, we learned of the with 10 years on the Federal bench. thirds having voted in favor thereof) difficulty of evacuating household pets In 1989, he took senior status while the rules were suspended and the bill and service animals. Concerns over battling the onset of Alzheimer’s, was passed. whether pets would be permitted to ac- which eventually took his life on Feb- A motion to reconsider was laid on company their owners made some vic- ruary 17, 1994. Judge Scott Reed’s fine the table. tims reluctant or unwilling to evac- legacy to his hometown of Lexington f uate, choosing to wait out the disaster. and to his home State of Kentucky will PETS EVACUATION AND TRANS- The PETS Act would help ensure that always be a proud part of our heritage. household pets and service animals are Mr. Speaker, as the sponsor of H.R. PORTATION STANDARDS ACT OF 2005 considered by State and local emer- 4530, I strongly urge its passage. gency preparedness plans. Mr. Speaker, I yield back the balance Mr. SHUSTER. Mr. Speaker, I move I would like to recognize my col- of my time. to suspend the rules and pass the bill league, Mr. LANTOS, who introduced Mr. SHUSTER. Mr. Speaker, I appre- (H.R. 3858) to amend the Robert T. this bill soon after Hurricane Katrina ciate the gentleman working on this, Stafford Disaster Relief and Emer- devastated the gulf coast. Mr. LANTOS, and just to let the gentleman know, I gency Assistance Act to ensure that a founding member of the Congres- have a Henry Clay Township in Penn- State and local emergency prepared- sional Friends of Animals Caucus, has sylvania, which happens to be in Fay- ness operational plans address the been an outspoken champion for ani- ette County, Pennsylvania, so Pennsyl- needs of individuals with household mals. vania and Kentucky have more in com- pets and service animals following a I would also like to commend Mr. mon than one would think. major disaster or emergency. SHAYS for his dedication in moving this Mr. OBERSTAR. Mr. Speaker, H.R. 4530 is The Clerk read as follows: legislation and strong desire to resolve a bill to designate the Federal building located H.R. 3858 flaws in our Nation’s emergency man- at 101 Barr Street in Lexington, Kentucky, as Be it enacted by the Senate and House of Rep- agement system made apparent by the Scott Reed Federal Building and United resentatives of the United States of America in Hurricane Katrina. I was lucky to have States Courthouse. The bill was introduced by Congress assembled, the opportunity to work with Mr. the Gentleman from Kentucky (Mr. CHANDLER) SECTION 1. SHORT TITLE. SHAYS on the Katrina investigation and his Kentucky colleague (Mr. ROGERS). This Act may be cited as the ‘‘Pets Evacu- committee. Scott Reed was born in Lexington, Ken- ation and Transportation Standards Act of Both Mr. LANTOS and Mr. SHAYS have tucky, in 1921. He attended local schools and 2005’’. been champions of this issue and have graduated from the University of Kentucky SEC. 2. STANDARDS FOR STATE AND LOCAL worked to ensure that owners don’t College of Law in 1945. While at the Univer- EMERGENCY PREPAREDNESS OPER- ATIONAL PLANS. have to make a choice between their sity, Reed received many awards and honors, Section 613 of the Robert T. Stafford Dis- personal safety and their pets’ safety. including the Algernon Sydney Sullivan Medal- aster Relief and Emergency Assistance Act Mr. Speaker, I reserve the balance of lion for Excellence. (42 U.S.C. 5196b) is amended— my time. The first years of Judge Reed’s career were (1) by redesignating subsection (g) as sub- Mr. CHANDLER. Mr. Speaker, I yield spent in private practice during which he dis- section (h); and myself such time as I may consume.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2986 CONGRESSIONAL RECORD — HOUSE May 22, 2006 Mr. Speaker, I rise in strong support the International Relations Committee panions often refused rescuers’ help. If of H.R. 3858, the Pets Evacuation and from Kentucky (Mr. CHANDLER). I want evacuees know that their pets, who ob- Transportation Standards Act of 2005. to thank Mr. SHUSTER for his extraor- viously are considered members of This legislation amends the Robert T. dinarily gracious gesture. I also want their family, are in good hands, they Stafford Disaster Relief and Emer- to express my appreciation to Chair- will be willing to cooperate with au- gency Assistance Act to require the Di- man YOUNG and Ranking Member thorities. rector of FEMA to ensure that State OBERSTAR of the Transportation and According to the Humane Society of and local emergency preparedness Infrastructure Committee and the the United States, Mr. Speaker, there operational plans address the needs of ranking member on that sub- are 65 million dogs and 77 million cats individuals with household pets and committee, ELEANOR HOLMES NORTON. owned as pets by American families. service animals following a major dis- I particularly want to thank my dear Thousands of visually impaired people aster or an emergency. friend and colleague of many years, depend on guide dogs to get around. It must be a top priority of our Na- CHRIS SHAYS, for again joining with me These faithful pet owners and visually tion to save citizens from any disaster, in sponsoring a significant and major impaired citizens must be able to evac- yet we should not underestimate the humane piece of legislation. But my uate if in the path of harm, and they importance of rescuing pets to our abil- most sincere thanks go to my wife, An- must know that all members of their ity to help citizens in a disaster. None nette, who has been my guiding light family will be safe. of us should be faced with the choice of on all humane pieces of legislation I Since the gulf coast hurricanes, this abandoning our beloved pets and criti- have had the privilege of working on. Nation has endured other weather cally needed service animals or risking Mr. Speaker, the work of my col- events. In many cases, local authori- our own personal safety. leagues, along with the Herculean ef- ties made impromptu plans for people As we witnessed during the after- forts of all the animal welfare organi- with pets or service animals. This dem- math of Hurricane Katrina, a signifi- zations, will ensure not only the safety onstrates that authorities are capable cant number of people chose not to of household pets and service animals of making effective plans for people abandon their pets and risked their but of their owners in moments of po- with pets and service animals. But we lives to stay with their animals. Some tential fatal danger. Families will be cannot let the lessons learned from the areas of Florida where hurricanes are a able to prepare and evacuate from a gulf coast hurricanes be forgotten. Our yearly occurrence have long recognized disaster with more confidence and se- PETS Act will ensure that years from saving animals saves people and in- curity knowing that all of their family now States will continue to plan for clude a place for animals in emergency members and their pets will be secure. their pet and service animal popu- plans. And now, in the wake of Hurri- Mr. Speaker, the devastation in Lou- lations. This will ensure a smooth and cane Katrina, a few areas and other isiana, Mississippi and Alabama safe evacuation for all members of the Gulf Coast States, including Harrison brought unbelievable images into every family and their pets and service ani- County, Mississippi, will have its first American home night after night. mals. pet-friendly shelter in place for the 2006 I strongly urge all of my colleagues b 1530 hurricane season. to join me in supporting this poten- However, unfortunately, for most of The loss of life and property was tially life-saving legislation, life-sav- the gulf coast and indeed the rest of staggering. But on top of all of that, ing with respect to the animals we the country, the issue is still unre- the sight of evacuees having to choose love, and life-saving with respect to solved unless legislation like this is ap- between being rescued or remaining members of our families. proved today. All of us saw many hor- with their pets, perhaps even having to Mr. SHUSTER. Mr. Speaker, I yield rible scenes of abandoned pets wan- leave behind their service animals they such time as he may consume to the dering through the flooded city of New rely on every day, was just heart- gentleman from Connecticut (Mr. Orleans. In addition to the humani- breaking. SHAYS). tarian issue of forcing people to choose I was watching television one night, Mr. SHAYS. Mr. Speaker, I want to between their own safety and leaving Mr. Speaker, and I saw a 7-year-old lit- thank Mr. SHUSTER, Mr. CHANDLER, Mr. their pets behind, there are serious tle boy with his dog. His family lost ev- YOUNG and Mr. OBERSTAR. I wanted to problems, including health and safety erything, and all they had left was defer my opportunity to go before Mr. risks to the disaster area, that are ex- their dog. And since legislation such as LANTOS because it needs to be clear acerbated by the abandoning of pets. ours was not yet on the statute books, this began in the heart and mind of Mr. We know that many of these prob- the dog was taken away from this little LANTOS’ wife, and we are merely in- lems can be mitigated or even elimi- boy. To watch his face was a singularly struments of her goodness. nated through proper emergency plan- revealing and tragic experience. I rise, in support of H.R. 3858, the ning. Fortunately, legislation like this This legislation was born that mo- Pets Evacuation and Transportation helps increase the awareness of law- ment. Many pieces of legislation we Standards Act, which we do refer to as makers and emergency officials to rec- pass in this body are the result of the PETS Act, which Congressman ognize what animal advocates already months and years of study and research LANTOS and I, as co-chairmen of the know, that pets figure strongly in a and preparation. Not this bill. This bill Friends of Animals Caucus, introduced. person’s decision to evacuate to safety. was born the moment the 7-year-old This commonsense bill requires State And we certainly want to encourage little fellow had to give up his dog be- and local preparedness planners to in- our citizens to do just that. cause there was no provision to provide clude plans for evacuation of pet own- Mr. Speaker, this is a good bill. I ap- shelter for his pet. ers, pets and service animals, as has al- plaud Mr. LANTOS and Mr. SHAYS for all The Pet Evacuation and Transpor- ready been described by previous of their efforts on this bill, and I urge tation Standards Act will put an end to speakers. its support. all of this. Until today, accommodating Hurricane Katrina left so many vic- Mr. Speaker, I think that Mr. SHU- families with pets or disabled citizens tims in its wake, including an esti- STER has already mentioned Mr. LAN- with service animals was never consid- mated 600,000 animals that either lost TOS’ interest in the welfare of animals. ered an essential part of any evacu- their lives or were left without shelter. It is heartfelt. I have had the oppor- ation plan. Our PETS Act requires Hurricane Katrina taught us the hard tunity to work with Mr. LANTOS on the State and local emergency prepared- lesson that, as we prepare for future International Relations Committee, ness authorities to include in their emergencies, it is important we incor- and I have the great privilege today of evacuation plans provisions to accom- porate pet owners and their pets in our introducing him and yielding to him modate pets or service animals in case plans. such time as he may consume to speak of a disaster. Many pet owners had to choose be- on this very important piece of legisla- The lack of planning in the past tween their safety and the safety of tion. interfered with disaster operations in their pets, and anyone who owns a pet Mr. LANTOS. Mr. Speaker, I want to New Orleans where people who were understands the difficult decisions that thank my good friend and colleague on worried about losing their animal com- they had to make.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2987 In order to qualify for Federal Emer- ing their well-known humanitarian in- the federal government to respond to its citi- gency Management Agency funding, a stincts to the welfare of animals. I also zens in need as we did with Hurricane Katrina. jurisdiction is required to submit a want to thank Mr. SHAYS and Mr. SHU- H.R. 5316 ensures that FEMA’s core func- plan detailing their disaster prepared- STER for all of their work on this bill. tions of preparedness, response, recovery, ness plan. The PETS Act would simply Mr. Speaker, I yield back the balance and mitigation will once again coexist and require State and local emergency pre- of my time. work to complement each other in an inde- paredness authorities to plan for how Mr. SHUSTER. Mr. Speaker, I yield pendent FEMA, and not be separated and dis- they would accommodate household myself the balance of my time. mantled as they have been in the Department pets and service animals when pre- I also want to thank Mr. LANTOS and of Homeland Security. senting these plans to FEMA. Animals Mr. SHAYS for their work on this bill. Mr. Speaker, the bill we have before us is do not go before people, but animals The PETS Act would help ensure a much-needed first step in a longer process will have a place in this plan. that household pets and service ani- of reforming our emergency management sys- The human horror and devastation in mals are considered by State and local tem. I urge my colleagues to support H.R. Louisiana, Mississippi and Alabama emergency preparedness plans because 3858. was a tragedy we are addressing, but it there are people in this country, myself Mr. REYES. Mr. Speaker, I rise today in was also heartbreaking to hear stories included, I have a dog Chloe that has a support of H.R. 3858, the Pets and Evacuation of forcing evacuees to choose between close relationship with my family, and and Transportation Standards (PETS) Act of being rescued or remaining with their I know people throughout this country 2005. This is a sample, focused piece of legis- pets. have pets that are near and dear to lation that will require local and state emer- This bipartisan legislation is nec- their hearts. gency preparedness authorities to include in essary because when asked to choose When you go to a rooftop, as we saw their evacuation plans how they will accommo- between abandoning their pets or their down in New Orleans as Mr. SHAYS and date household pets and/or service animals in personal safety, many pet owners chose Mr. LANTOS pointed out, people are un- case of a disaster. It deserves our support. to risk their lives and would continue willing to get aboard a boat or heli- Hurricanes Katrina and Rita revealed gaping today to risk their lives and remain copter if they have to leave their be- holes in our capacity to effectively manage the with their pets. The plight of the ani- loved pet behind. Once again, this is so aftermath of large-scale disasters. Our failures mals left behind was truly tragic. This States and local emergency prepared- in emergency response and evacuation were is not just an animal protection issue; ness plans take into consideration situ- numerous, and they varied in both size and this is a public safety issue. Roughly ations that might occur if someone has importance. One problem with our response two-thirds of American households own to abandon their pets. I urge my col- was a blind spot in our disaster planning re- pets. We need to ensure the pets and leagues to support this bill. garding the evacuation of pets and service their pet owners are protected. Mr. OBERSTAR. Mr. Speaker, I rise in animals. For too many caring animal owners, I urge my colleagues to support pas- strong support of H.R. 3858, the Pets Evacu- the opportunity to escape danger means sepa- sage of this legislation. I, too, want to ation and Transportation Standards (PETS) ration from a beloved pet. More grievous, the make reference to that young man; I Act of 2005. This bill amends the Stafford Act evacuation of many residents of the Gulf Re- guess he was around 7 years old. I to ensure that state and local emergency pre- gion who are dependent on service animals think of him and think this young man paredness plans account for the needs of indi- was complicated by inflexible regulations that may have lost his home, he may have viduals with household pets and service ani- did not take their special needs into account. lost everything he owned, but he had mals following a major disaster or emergency. H.R. 3858 is commonsense legislation that his pet. As long as he had his pet, he There were many tragedies from Hurricane will ensure planning for future disaster pro- could deal with it. To see this pet being Katrina that will not soon be forgotten. Some vides for the needs of pet owners. This bill is grabbed from him, to me it was the of the most indelible images were the ones of support by the Humane Society of the United height of cruelty that I still have a people being forced to choose between leav- States, the American Society for the Preven- hard time understanding and appre- ing their pets behind or being evacuated to tion of Cruelty to Animals, the Doris Day Ani- ciating. safety. In many cases, these loyal animals mal League and the Best Friends Animal Soci- When my mom and dad moved when had stayed with their owners for days on roof- ety. I was 8 or 9 years old to another place, tops waiting to be rescued, only to be aban- Mr. Speaker, I encourage all of my col- our pet dog, Mack, kept running back doned because the rescuers refused to carry leagues to join in support of H.R. 3858. to the original house, and we lost him. the pets to safety with their owners. In other Mr. SHUSTER. Mr. Speaker, I yield For 2 years, I didn’t have a pet, but I cases, people chose not to be rescued—put- back the balance of my time. grew up with a pet. Then we moved to ting themselves in further danger—because The SPEAKER pro tempore. The a new home and my parents could af- they simply could not bear to leave their pets question is on the motion offered by ford nothing else. They told me no behind. the gentleman from Pennsylvania (Mr. Christmas presents. There would be no A person should not have to leave their see- SHUSTER) that the House suspend the Christmas presents. My Christmas ing-eye dog behind in order to save her own rules and pass the bill, H.R. 3858. present was a new home, a brand new life—as we saw in Hurricane Katrina. Nor The question was taken. room, and I dealt with that. I thought, should a child, who has already been trauma- The SPEAKER pro tempore. In the this year, no Christmas presents. tized by the devastation of a disaster, have to opinion of the Chair, two-thirds of They were gone Christmas Eve day, abandon his beloved pet in order to be trans- those present have voted in the affirm- and they came home that night. They ported to safety—as we saw in Hurricane ative. didn’t tell me where they had been, Katrina. As the June 1st start of the next hurri- Mr. LANTOS. Mr. Speaker, on that I which was very unusual. I was with my cane season approaches, it’s important that demand the yeas and nays. three older brothers. Then my parents this bill becomes law and that state and local The yeas and nays were ordered. asked me to come down into the ga- officials start to plan for the evacuation of pets The SPEAKER pro tempore. Pursu- rage. As I did, they were walking up and service animals. ant to clause 8 of rule XX and the holding a beautiful collie pup. That There are, of course, other issues in the Chair’s prior announcement, further night I slept on the floor with Lance, wake of Hurricane Katrina that this Congress proceedings on this question will be my collie pup. should address. Last week, the Transportation postponed. I will never forget the joy I had. It and Infrastructure Committee and the Govern- f was the best Christmas I ever had, and ment Reform Committee favorably ordered re- RECESS it was just one little gift, a pet that re- ported H.R. 5316, the Restoring Emergency mained in our household for years. Services to Protect our Nation from Disasters The SPEAKER pro tempore. Pursu- This is an important bill, and I urge (RESPOND) Act to the House. The RE- ant to clause 12(a) of rule I, the Chair its passage. SPOND Act not only restores FEMA as an declares the House in recess until ap- Mr. CHANDLER. Mr. Speaker, I yield independent, cabinet-level agency, but it also proximately 6:30 p.m. today. myself the balance of my time. reforms and strengthens our national emer- Accordingly (at 3 o’clock and 42 min- I want to thank Mr. LANTOS and his gency preparedness system so that we never utes p.m.), the House stood in recess wife, Annette, in particular for extend- again have to witness such a dismal failure by until approximately 6:30 p.m.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2988 CONGRESSIONAL RECORD — HOUSE May 22, 2006 b 1832 Cantor Herger Napolitano Udall (CO) Wasserman Wexler Capito Higgins Neal (MA) Udall (NM) Schultz Whitfield AFTER RECESS Capps Hobson Neugebauer Upton Watson Wilson (NM) Cardin Hoekstra Ney Van Hollen Watt Wilson (SC) The recess having expired, the House Cardoza Holden Northup Vela´ zquez Waxman Wolf was called to order by the Speaker pro Carnahan Holt Norwood Visclosky Weiner Woolsey Carson Honda Nunes Weldon (FL) Wu tempore (Mrs. BIGGERT) at 6 o’clock Walden (OR) Carter Hooley Obey Walsh Weldon (PA) Wynn and 32 minutes p.m. Weller Young (AK) Case Hostettler Olver Wamp Castle Hoyer Ortiz Westmoreland Young (FL) f Chabot Hulshof Osborne NOT VOTING—61 REPORT ON H.R. 5441, DEPART- Chandler Hyde Otter Chocola Inslee Pallone Andrews Herseth Owens MENT OF HOMELAND SECURITY Clay Israel Pascrell Baird Hinchey Oxley APPROPRIATIONS ACT, 2007 Cleaver Jackson (IL) Pastor Becerra Hinojosa Peterson (PA) Clyburn Jackson-Lee Paul Berman Hunter Pickering Mr. LEWIS of California, from the Coble (TX) Payne Brown, Corrine Inglis (SC) Platts Committee on Appropriations, sub- Cole (OK) Jefferson Pearce Camp (MI) Issa Pombo mitted a privileged report (Rept. No. Conaway Jindal Pelosi Cannon Istook Pryce (OH) Conyers Johnson (CT) Pence Capuano Jenkins Rehberg 109–476) on the bill (H.R. 5441) making Davis (FL) Jones (OH) Cooper Johnson (IL) Peterson (MN) Reyes appropriations for the Department of DeGette Keller Costa Johnson, E. B. Petri Reynolds Doolittle Kennedy (RI) Homeland Security for the fiscal year Costello Johnson, Sam Pitts Ruppersberger Cramer Jones (NC) Poe Evans Kilpatrick (MI) ending September 30, 2007, and for Sa´ nchez, Linda Crenshaw Kanjorski Pomeroy Foley Kolbe T. other purposes, which was referred to Crowley Kaptur Porter Forbes Larson (CT) Sanchez, Loretta the Union Calendar and ordered to be Cubin Kelly Price (GA) Ford Lewis (GA) Snyder printed. Cuellar Kennedy (MN) Price (NC) Gallegly Lowey Gibbons McKinney Strickland The SPEAKER pro tempore. Pursu- Culberson Kildee Putnam Cummings Kind Radanovich Graves Moran (VA) Sweeney ant to clause 1, rule XXI, all points of Davis (AL) King (IA) Rahall Green (WI) Murtha Taylor (NC) order are reserved on the bill. Davis (CA) King (NY) Ramstad Gutierrez Nussle Waters Davis (IL) Kingston Rangel Hastings (FL) Oberstar Wicker f Davis (KY) Kirk Regula Davis (TN) Kline Reichert b 1859 ANNOUNCEMENT BY THE SPEAKER Davis, Jo Ann Knollenberg Renzi So (two-thirds of those voting having PRO TEMPORE Davis, Tom Kucinich Rogers (AL) Deal (GA) Kuhl (NY) Rogers (KY) responded in the affirmative) the rules The SPEAKER pro tempore. Pursu- DeFazio LaHood Rogers (MI) were suspended and the Senate bill, as ant to clause 8 of rule XX, proceedings Delahunt Langevin Rohrabacher amended, was passed. will resume on motions to suspend the DeLauro Lantos Ros-Lehtinen The result of the vote was announced rules previously postponed. DeLay Larsen (WA) Ross Dent Latham Rothman as above recorded. Votes will be taken in the following Diaz-Balart, L. LaTourette Roybal-Allard The title of the Senate bill was order: Diaz-Balart, M. Leach Royce amended so as to read: ‘‘An Act to S. 1235, by the yeas and nays, Dicks Lee Rush amend title 38, United States Code, to Dingell Levin Ryan (OH) H.R. 3858, by the yeas and nays. Doggett Lewis (CA) Ryan (WI) improve and extend housing, insurance, The first electronic vote will be con- Doyle Lewis (KY) Ryun (KS) outreach, and benefits programs pro- ducted as a 15-minute vote. The second Drake Linder Sabo vided under the laws administered by vote will be a 5-minute vote. Dreier Lipinski Salazar Duncan LoBiondo Sanders the Secretary of Veterans Affairs, to f Edwards Lofgren, Zoe Saxton improve and extend employment pro- Ehlers Lucas Schakowsky grams for veterans under laws adminis- VETERANS’ HOUSING OPPOR- Emanuel Lungren, Daniel Schiff tered by the Secretary of Labor, and TUNITY AND BENEFITS IM- Emerson E. Schmidt Engel Lynch Schwartz (PA) for other purposes.’’. PROVEMENT ACT OF 2006 English (PA) Mack Schwarz (MI) A motion to reconsider was laid on The SPEAKER pro tempore. The Eshoo Maloney Scott (GA) the table. Etheridge Manzullo Scott (VA) pending business is the question of sus- Everett Marchant Sensenbrenner f pending the rules and passing the Sen- Farr Markey Serrano ate bill, S. 1235, as amended. Fattah Marshall Sessions PETS EVACUATION AND TRANS- Feeney Matheson Shadegg PORTATION STANDARDS ACT OF The Clerk read the title of the Senate Ferguson Matsui Shaw bill. Filner McCarthy Shays 2005 The SPEAKER pro tempore. The Fitzpatrick (PA) McCaul (TX) Sherman The SPEAKER pro tempore. The question is on the motion offered by Flake McCollum (MN) Sherwood Fortenberry McCotter Shimkus pending business is the question of sus- the gentleman from Florida (Mr. MIL- Fossella McCrery Shuster pending the rules and passing the bill, LER) that the House suspend the rules Foxx McDermott Simmons H.R. 3858. and pass the Senate bill, S. 1235, as Frank (MA) McGovern Simpson The Clerk read the title of the bill. Franks (AZ) McHenry Skelton amended, on which the yeas and nays Frelinghuysen McHugh Slaughter The SPEAKER pro tempore. The are ordered. Garrett (NJ) McIntyre Smith (NJ) question is on the motion offered by The vote was taken by electronic de- Gerlach McKeon Smith (TX) the gentleman from Pennsylvania (Mr. vice, and there were—yeas 372, nays 0, Gilchrest McMorris Smith (WA) Gillmor McNulty Sodrel SHUSTER) that the House suspend the not voting 61, as follows: Gingrey Meehan Solis rules and pass the bill, H.R. 3858, on [Roll No. 177] Gohmert Meek (FL) Souder which the yeas and nays are ordered. Gonzalez Meeks (NY) Spratt This will be a 5-minute vote. YEAS—372 Goode Melancon Stark Abercrombie Berkley Boswell Goodlatte Mica Stearns The vote was taken by electronic de- Ackerman Berry Boucher Gordon Michaud Stupak vice, and there were—yeas 349, nays 24, Aderholt Biggert Boustany Granger Millender- Sullivan not voting 60, as follows: Akin Bilirakis Boyd Green, Al McDonald Tancredo Alexander Bishop (GA) Bradley (NH) Green, Gene Miller (FL) Tanner [Roll No. 178] Allen Bishop (NY) Brady (PA) Grijalva Miller (MI) Tauscher YEAS—349 Baca Bishop (UT) Brady (TX) Gutknecht Miller (NC) Taylor (MS) Abercrombie Barrett (SC) Bishop (GA) Bachus Blackburn Brown (OH) Hall Miller, Gary Terry Ackerman Barrow Bishop (NY) Baker Blumenauer Brown (SC) Harman Miller, George Thomas Aderholt Bartlett (MD) Bishop (UT) Baldwin Blunt Brown-Waite, Harris Mollohan Thompson (CA) Akin Barton (TX) Blumenauer Barrett (SC) Boehlert Ginny Hart Moore (KS) Thompson (MS) Alexander Bass Blunt Barrow Boehner Burgess Hastert Moore (WI) Thornberry Allen Bean Boehlert Bartlett (MD) Bonilla Burton (IN) Hastings (WA) Moran (KS) Tiahrt Baca Beauprez Boehner Barton (TX) Bonner Butterfield Hayes Murphy Tiberi Bachus Berkley Bonilla Bass Bono Buyer Hayworth Musgrave Tierney Baker Biggert Bonner Bean Boozman Calvert Hefley Myrick Towns Baldwin Bilirakis Bono Beauprez Boren Campbell (CA) Hensarling Nadler Turner

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2989 Boozman Green, Gene Miller (NC) Udall (CO) Watson Wilson (SC) 1235 (Veterans’ Benefits Improvement Act of Boren Grijalva Miller, Gary Udall (NM) Watt Wolf 2005) and ‘‘yea’’ on H.R. 3858 (Pets Evacu- Boswell Gutknecht Miller, George Upton Waxman Woolsey Boucher Hall Mollohan Van Hollen Weiner Wu ation and Transportation Standards Act of Boustany Harman Moore (KS) Vela´ zquez Weldon (FL) Wynn 2005). Boyd Harris Moore (WI) Visclosky Weldon (PA) Young (AK) f Bradley (NH) Hart Moran (KS) Walden (OR) Weller Young (FL) Brady (PA) Hastert Murphy Walsh Wexler Brady (TX) Hastings (WA) Musgrave Wasserman Whitfield PERSONAL EXPLANATION Brown (OH) Hayes Myrick Schultz Wilson (NM) Ms. LINDA T. SA´ NCHEZ of California. Mr. Brown (SC) Hayworth Nadler Brown-Waite, Hefley Napolitano NAYS—24 Speaker, today I was unavoidably absent and Ginny Hensarling Neal (MA) Berry McHenry Putnam missed rollcall votes Nos. 177 and 178. Had Burgess Herger Ney Blackburn Miller (FL) Shadegg I been present, I would have voted: ‘‘Yea’’ on Burton (IN) Higgins Northup Buyer Miller (MI) Sodrel Butterfield Hinchey Nunes Feeney Neugebauer Tancredo rollcall No. 177, S. 1235, the ‘‘Veterans’ Bene- Calvert Hobson Obey Flake Norwood Terry fits Improvement Act of 2005’’ and ‘‘yea’’ on Campbell (CA) Hoekstra Olver Garrett (NJ) Paul Tiahrt rollcall No. 178, H.R. 3858, the ‘‘Pets Evacu- Cantor Holden Ortiz Gohmert Pitts Wamp ation and Transportation Standards Act of Capito Holt Osborne King (IA) Poe Westmoreland Capps Honda Otter 2005.’’ NOT VOTING—60 Cardin Hooley Pallone f Cardoza Hostettler Pascrell Andrews Hastings (FL) Oxley Carnahan Hoyer Pastor Baird Herseth Peterson (PA) PERSONAL EXPLANATION Carson Hulshof Payne Becerra Hinojosa Pickering Carter Hyde Pearce Berman Hunter Platts Ms. KILPATRICK of Michigan. Mr. Speaker, Case Inslee Pelosi Brown, Corrine Inglis (SC) Pombo official business requires my absence from Castle Israel Pence Camp (MI) Issa Pryce (OH) legislative business scheduled for today, Mon- Chabot Jackson (IL) Peterson (MN) Cannon Istook Rehberg day, May 22, 2006. Had I been present I Chandler Jackson-Lee Petri Capuano Jenkins Reyes Davis (FL) Jones (OH) Chocola (TX) Pomeroy Reynolds would have voted ‘‘yea’’ on S. 1235, the Vet- DeGette Kennedy (RI) Clay Jefferson Porter Ruppersberger erans’ Benefits Improvement Act of 2005 (roll- Doolittle Kilpatrick (MI) Cleaver Jindal Price (GA) Sa´ nchez, Linda Clyburn Johnson (CT) Price (NC) Edwards Kolbe call No. 177) and ‘‘yea’’ on H.R. 3858, Pets T. Coble Johnson (IL) Radanovich Evans Larson (CT) Evacuation and Transportation Standards Act Sanchez, Loretta Cole (OK) Johnson, E. B. Rahall Foley Lewis (GA) Snyder of 2005 (rollcall No. 178). Conaway Johnson, Sam Ramstad Forbes Lowey Strickland Conyers Jones (NC) Rangel Ford McKinney f Cooper Kanjorski Regula Gallegly Moran (VA) Sweeney Costa Kaptur Reichert Gibbons Murtha Taylor (NC) PERSONAL EXPLANATION Graves Nussle Waters Costello Keller Renzi Mr. FOLEY. Mr. Speaker, on rollcall Nos. Cramer Kelly Rogers (AL) Green (WI) Oberstar Wicker Crenshaw Kennedy (MN) Rogers (KY) Gutierrez Owens 177 and 178 I was unavoidably detained. Had Crowley Kildee Rogers (MI) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE I been present, I would have voted ‘‘yea’’ on Cubin Kind Rohrabacher both measures. Cuellar King (NY) Ros-Lehtinen The SPEAKER pro tempore (during Culberson Kingston Ross the vote). Members are advised 2 min- f Cummings Kirk Rothman utes remain in this vote. Davis (AL) Kline Roybal-Allard PERSONAL EXPLANATION Davis (CA) Knollenberg Royce b 1907 Davis (IL) Kucinich Rush Mr. POMBO. Mr. Speaker, I was unable to Davis (KY) Kuhl (NY) Ryan (OH) So (two-thirds of those voting having vote today on the House floor. I take my re- Davis (TN) LaHood Ryan (WI) responded in the affirmative) the rules sponsibility to vote very seriously and would Davis, Jo Ann Langevin Ryun (KS) like my intentions included in the CONGRES- Davis, Tom Lantos Sabo were suspended and the bill was passed. Deal (GA) Larsen (WA) Salazar The result of the vote was announced SIONAL RECORD. DeFazio Latham Sanders as above recorded. I had been present, I would have voted Delahunt LaTourette Saxton A motion to reconsider was laid on ‘‘yea’’ on S. 1235, Veterans’ Benefits Improve- DeLauro Leach Schakowsky DeLay Lee Schiff the table. ment Act of 2005. Dent Levin Schmidt f Additionally, had I been present, I would Diaz-Balart, L. Lewis (CA) Schwartz (PA) have voted ‘‘yea’’ on H.R. 3858, the Pets Diaz-Balart, M. Lewis (KY) Schwarz (MI) PERSONAL EXPLANATION Evacuation and Transportation Standards Act Dicks Linder Scott (GA) Dingell Lipinski Scott (VA) Mr. GREEN of Wisconsin. Mr. Speaker, I of 2005. Doggett LoBiondo Sensenbrenner was absent from Washington on Monday, May f Doyle Lofgren, Zoe Serrano 22, 2006. As a result, I was not recorded for Drake Lucas Sessions PERSONAL EXPLANATION Dreier Lungren, Daniel Shaw rollcall votes No. 177 and No. 178. Had I been Duncan E. Shays present, I would have voted ‘‘aye’’ on rollcall Ms. PRYCE of Ohio. Mr. Speaker, on the Ehlers Lynch Sherman legislative day of Monday, May 22, 2006, the Emanuel Mack Sherwood No. 177 and No. 178. Emerson Maloney Shimkus f House had a vote on rollcall 177, on S. 1235, Engel Manzullo Shuster the Veterans’ Benefits Improvement Act, Had English (PA) Marchant Simmons PERSONAL EXPLANATION I been present, I would have voted ‘‘yea.’’ Eshoo Markey Simpson Etheridge Marshall Skelton Mr. LARSON of Connecticut. Mr. Speaker, I The House also had a vote on rollcall 178, Everett Matheson Slaughter would like to submit this statement for the on H.R. 3858, the Pets Evacuation and Trans- Farr Matsui Smith (NJ) RECORD and regret that I could not be present portation Standards Act. Had I been present, Fattah McCarthy Smith (TX) I would have voted ‘‘yea.’’ Ferguson McCaul (TX) Smith (WA) today, Monday, May 22, 2006, to vote on roll- Filner McCollum (MN) Solis call votes Nos. 177 and 178 due to a family f Fitzpatrick (PA) McCotter Souder medical emergency. Fortenberry McCrery Spratt PERSONAL EXPLANATION Fossella McDermott Stark Had I been present, I would have voted: Foxx McGovern Stearns ‘‘yea’’ on rollcall vote No. 177 on passage of Mr. HINOJOSA. Mr. Speaker, I regret that I Frank (MA) McHugh Stupak S. 1235, the Veterans’ Benefits Improvement was unavoidably detained in my district due to Franks (AZ) McIntyre Sullivan Act of 2005, and ‘‘yea’’ on rollcall vote No. 178 congressional business. Had I been present, I Frelinghuysen McKeon Tanner Gerlach McMorris Tauscher on passage of H.R. 3858, the Pets Evacuation would have voted ‘‘yea’’ on rollcall No. 177 Gilchrest McNulty Taylor (MS) and Transportation Standards Act of 2005. and ‘‘yea’’ on rollcall No. 178. Gillmor Meehan Thomas Gingrey Meek (FL) Thompson (CA) f f Gonzalez Meeks (NY) Thompson (MS) Goode Melancon Thornberry PERSONAL EXPLANATION ANNOUNCEMENT BY THE SPEAKER Goodlatte Mica Tiberi Mr. ANDREWS. Mr. Speaker, I regret that I PRO TEMPORE Gordon Michaud Tierney Granger Millender- Towns missed two votes on May 22, 2006. Had I The SPEAKER pro tempore (Mr. Green, Al McDonald Turner been present I would have voted ‘‘yea’’ on S. KUHL of New York). Pursuant to clause

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2990 CONGRESSIONAL RECORD — HOUSE May 22, 2006 8 of rule XX, the Chair will postpone ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE ‘‘(1) IN GENERAL.—Subsection (a) shall not further proceedings today on the mo- PALESTINIAN AUTHORITY. apply with respect to the following: ‘‘(a) LIMITATION.—Except as provided in tion to suspend the rules on which a re- ‘‘(A) ASSISTANCE TO INDEPENDENT ELEC- subsection (e), assistance may be provided TIONS COMMISSIONS.—Assistance to any Pal- corded vote or the yeas and nays are under this Act to the Palestinian Authority estinian independent election commission if ordered, or on which the vote is ob- only during a period for which a certification the President transmits to Congress a cer- jected to under clause 6 of rule XX. described in subsection (b) is in effect. tification that contains a determination of Any record vote on the postponed ‘‘(b) CERTIFICATION.—A certification de- the President that— question will be taken tomorrow. scribed in this subsection is a certification ‘‘(i) no member of such commission is a transmitted by the President to Congress member of, affiliated with, or appointed by a f that contains a determination of the Presi- foreign terrorist organization; and PALESTINIAN ANTI-TERRORISM dent that— ‘‘(ii) each member of such commission is ACT OF 2006 ‘‘(1) no ministry, agency, or instrumen- independent of the influence of any political tality of the Palestinian Authority is con- party or movement. Ms. ROS-LEHTINEN. Mr. Speaker, I trolled by a foreign terrorist organization ‘‘(B) ASSISTANCE TO SUPPORT THE MIDDLE move to suspend the rules and pass the and no member of a foreign terrorist organi- EAST PEACE PROCESS.—Assistance to the Of- bill (H.R. 4681) to promote the develop- zation serves in a senior policy making posi- fice of the President of the Palestinian Au- ment of democratic institutions in tion in a ministry, agency, or instrumen- thority for non-security expenses directly re- areas under the administrative control tality of the Palestinian Authority; lated to facilitating a peaceful resolution of ‘‘(2) the Palestinian Authority has— the Israeli-Palestinian conflict or for the of the Palestinian Authority, and for ‘‘(A) publicly acknowledged Israel’s right other purposes, as amended. personal security detail of the President of to exist as a Jewish state; and the Palestinian Authority if the President The Clerk read as follows: ‘‘(B) recommitted itself and is adhering to transmits to Congress a certification that H.R. 4681 all previous agreements and understandings contains a determination of the President Be it enacted by the Senate and House of Rep- by the Palestine Liberation Organization that— resentatives of the United States of America in and the Palestinian Authority with the Gov- ‘‘(i) such assistance is critical to facili- Congress assembled, ernment of the United States, the Govern- tating a peaceful resolution of the Israeli- ment of Israel, and the international com- SECTION 1. SHORT TITLE. Palestinian conflict; munity, including agreements and under- ‘‘(ii) the President of the Palestinian Au- This Act may be cited as the ‘‘Palestinian standings pursuant to the Performance- thority is not a member of or affiliated with Anti-Terrorism Act of 2006’’. Based Roadmap to a Permanent Two-State a foreign terrorist organization and has re- SEC. 2. LIMITATION ON ASSISTANCE TO THE PAL- Solution to the Israeli-Palestinian Conflict jected the use of terrorism to resolve the ESTINIAN AUTHORITY. (commonly referred to as the ‘Roadmap’); Israeli-Palestinian conflict; (a) DECLARATION OF POLICY.—It shall be the and ‘‘(iii) such assistance will not be used to policy of the United States— ‘‘(3) the Palestinian Authority has taken provide funds to any individual who is a (1) to support a peaceful, two-state solu- effective steps and made demonstrable member of or affiliated with a foreign ter- tion to end the conflict between Israel and progress toward— rorist organization or who has not rejected the Palestinians in accordance with the Per- ‘‘(A) completing the process of purging the use of terrorism to resolve the Israeli- formance-Based Roadmap to a Permanent from its security services individuals with Palestinian conflict; and Two-State Solution to the Israeli-Pales- ties to terrorism; ‘‘(iv) such assistance will not be retrans- tinian Conflict (commonly referred to as the ‘‘(B) dismantling all terrorist infrastruc- ferred to any other entity within or outside ‘‘Roadmap’’); ture, confiscating unauthorized weapons, ar- of the Palestinian Authority except as pay- (2) to oppose those organizations, individ- resting and bringing terrorists to justice, de- ment for legal goods or services rendered. uals, and countries that support terrorism stroying unauthorized arms factories, ‘‘(2) ADDITIONAL REQUIREMENTS.—Assist- and violence; thwarting and preempting terrorist attacks, ance described in paragraph (1) may be pro- (3) to urge members of the international and fully cooperating with Israel’s security vided only if the President— community to avoid contact with and refrain services; ‘‘(A) determines that the provision of such from financially supporting the terrorist or- ‘‘(C) halting all anti-Israel incitement in assistance is important to the national secu- ganization Hamas or a Hamas-controlled Palestinian Authority-controlled electronic rity interests of the United States; and Palestinian Authority until Hamas agrees to and print media and in schools, mosques, and ‘‘(B) not less than 30 days prior to the obli- recognize Israel, renounce violence, disarm, other institutions it controls, and replacing gation of amounts for the provision of such and accept prior agreements, including the these materials, including textbooks, with assistance— Roadmap; materials that promote tolerance, peace, and ‘‘(i) consults with the appropriate congres- (4) to promote the emergence of a demo- coexistence with Israel; sional committees regarding the specific pro- cratic Palestinian governing authority ‘‘(D) ensuring democracy, the rule of law, grams, projects, and activities to be carried that— and an independent judiciary, and adopting out using such assistance; and (A) denounces and combats terrorism; other reforms such as ensuring transparent ‘‘(ii) submits to the appropriate congres- (B) has agreed to and is taking action to and accountable governance; and sional committees a written memorandum disarm and dismantle any terrorist agency, ‘‘(E) ensuring the financial transparency that contains the determination of the Presi- network, or facility; and accountability of all government min- dent under subparagraph (A). (C) has agreed to work to eliminate anti- istries and operations. ‘‘(3) DEFINITION.—In this subsection, the Israel and anti-Semitic incitement and the ‘‘(c) RECERTIFICATIONS.—Not later than 90 term ‘appropriate congressional committees’ commemoration of terrorists in Palestinian days after the date on which the President means— society; transmits to Congress an initial certification ‘‘(A) the Committee on International Rela- (D) has agreed to respect the sovereignty under subsection (b), and every six months tions and the Committee on Appropriations of its neighbors; thereafter— of the House of Representatives; and (E) acknowledges, respects, and upholds ‘‘(1) the President shall transmit to Con- ‘‘(B) the Committee on Foreign Relations the human rights of all people; gress a recertification that the requirements and the Committee on Appropriations of the (F) implements the rule of law, good gov- contained in subsection (b) are continuing to Senate. ernance, and democratic practices, including be met; or ‘‘(f) DEFINITIONS.—In this section: conducting free, fair, and transparent elec- ‘‘(2) if the President is unable to make ‘‘(1) FOREIGN TERRORIST ORGANIZATION.— tions in compliance with international such a recertification, the President shall The term ‘foreign terrorist organization’ standards; transmit to Congress a report that contains means an organization designated as a for- (G) ensures institutional and financial the reasons therefor. eign terrorist organization by the Secretary transparency and accountability; and ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assist- of State in accordance with section 219(a) of (H) has agreed to recognize the State of ance made available under this Act to the the Immigration and Nationality Act (8 Israel as an independent, sovereign, Jewish, Palestinian Authority may not be provided U.S.C. 1189(a)). democratic state; and until 15 days after the date on which the ‘‘(2) PALESTINIAN AUTHORITY.—The term (5) to continue to support assistance to the President has provided notice thereof to the ‘Palestinian Authority’ means the interim Palestinian people. Committee on International Relations and Palestinian administrative organization that (b) AMENDMENTS.—Chapter 1 of part III of the Committee on Appropriations of the governs part of the West Bank and all of the the Foreign Assistance Act of 1961 (22 U.S.C. House of Representatives and to the Com- Gaza Strip (or any successor Palestinian 2351 et seq.) is amended— mittee on Foreign Relations and the Com- governing entity), including the Palestinian (1) by redesignating the second section mittee on Appropriations of the Senate in Legislative Council.’’. 620G (as added by section 149 of Public Law accordance with the procedures applicable to (c) APPLICABILITY TO UNEXPENDED FUNDS.— 104–164 (110 Stat. 1436)) as section 620J; and reprogramming notifications under section Section 620K of the Foreign Assistance Act (2) by adding at the end the following new 634A(a) of this Act. of 1961, as added by subsection (b), applies section: ‘‘(e) EXCEPTIONS.— with respect to unexpended funds obligated

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2991 for assistance under the Foreign Assistance grams, projects, and activities to be carried section 620L of the Foreign Assistance Act of Act of 1961 to the Palestinian Authority be- out using such assistance; and 1961, as added by subsection (a), in providing fore the date of the enactment of this Act. ‘‘(ii) submits to the appropriate congres- assistance to nongovernmental organizations (d) REPORT BY COMPTROLLER GENERAL.— sional committees a written memorandum for the West Bank and Gaza under any provi- Not later than 180 days after the date of the that contains the determination of the Presi- sion of law other than the Foreign Assist- enactment of this Act, the Comptroller Gen- dent under subparagraph (A) and an expla- ance Act of 1961. eral of the United States shall submit to the nation of how failure to provide the proposed SEC. 4. UNITED NATIONS AGENCIES AND PRO- appropriate congressional committees a re- assistance would be inconsistent with fur- GRAMS. port that contains a review of the proposed thering the national security interests of the (a) REVIEW AND REPORT.— procedures by which United States assist- United States. (1) IN GENERAL.—Not later than 60 days ance to the Palestinian Authority under the ‘‘(3) DEFINITION.—In this subsection, the after the date of the enactment of this Act, Foreign Assistance Act of 1961 will be au- term ‘appropriate congressional committees’ the President shall— dited by the Department of State, the United means— (A) conduct an audit of the functions of the States Agency for International Develop- ‘‘(A) the Committee on International Rela- entities specified in paragraph (2); and ment, and all other relevant departments tions and the Committee on Appropriations (B) transmit to the appropriate congres- and agencies of the Government of the of the House of Representatives; and sional committees a report containing rec- United States and any recommendations for ‘‘(B) the Committee on Foreign Relations ommendations for the elimination of such improvement of such procedures. and the Committee on Appropriations of the entities and efforts that are duplicative or (e) SENSE OF CONGRESS.—It is the sense of Senate.’’. fail to ensure balance in the approach of the Congress that the President should be guided (b) OVERSIGHT AND RELATED REQUIRE- United Nations to Israeli-Palestinian issues. by the principles and procedures described in MENTS.— (2) ENTITIES SPECIFIED.—The entities re- section 620K of the Foreign Assistance Act of (1) OVERSIGHT.—For each of the fiscal years ferred to in paragraph (1) are the following: 1961, as added by subsection (b), in providing 2007 and 2008, the Secretary of State shall (A) The United Nations Division for Pales- direct assistance to the Palestinian Author- certify to the appropriate congressional tinian Rights. ity under any provision of law other than the committees not later than 30 days prior to (B) The Committee on the Exercise of the Foreign Assistance Act of 1961. the initial obligation of amounts for assist- Inalienable Rights of the Palestinian People. ance to nongovernmental organizations for (C) The United Nations Special Coordi- SEC. 3. LIMITATION ON ASSISTANCE FOR THE the West Bank or Gaza under the Foreign As- WEST BANK AND GAZA. nator for the Middle East Peace Process and sistance Act of 1961 that procedures have Personal Representative to the Palestine (a) AMENDMENT.—Chapter 1 of part III of been established to ensure that the Comp- Liberation Organization and the Palestinian the Foreign Assistance Act of 1961 (22 U.S.C. troller General of the United States will 2351 et seq.), as amended by section 2(b)(2) of Authority. have access to appropriate United States fi- (D) The NGO Network on the Question of this Act, is further amended by adding at the nancial information in order to review the end the following new section: Palestine. use of such assistance. (E) The Special Committee to Investigate ‘‘SEC. 620L. LIMITATION ON ASSISTANCE FOR (2) VETTING.—Prior to any obligation of Israeli Practices Affecting the Human Rights THE WEST BANK AND GAZA. amounts for assistance to nongovernmental of the Palestinian People and Other Arabs of ‘‘(a) LIMITATION.—Except as provided in organizations for the West Bank or Gaza the Occupied Territories. subsection (d), assistance may be provided under the Foreign Assistance Act of 1961, the (F) Any other entity the Secretary deter- under this Act to nongovernmental organiza- Secretary of State shall take all appropriate mines results in duplicative efforts or fund- tions for the West Bank and Gaza only dur- steps to ensure that such assistance is not ing or fails to ensure balance in the approach ing a period for which a certification de- provided to or through any individual or en- to Israeli-Palestinian issues. scribed in section 620K(b) of this Act is in ef- tity that the Secretary knows, or has reason (b) IMPLEMENTATION OF RECOMMENDATIONS fect with respect to the Palestinian Author- to believe, advocates, plans, sponsors, en- BY PERMANENT REPRESENTATIVE.— ity. gages in, or has engaged in, terrorist activ- (1) IN GENERAL.—The United States Perma- ‘‘(b) MARKING REQUIREMENT.—Assistance ity. The Secretary shall, as appropriate, es- nent Representative to the United Nations provided under this Act to nongovernmental tablish procedures specifying the steps to be shall use the voice, vote, and influence of the organizations for the West Bank and Gaza taken in carrying out this paragraph and United States at the United Nations to seek shall be marked as assistance from the Gov- shall terminate assistance to any individual the implementation of the recommendations ernment of the United States unless the Sec- or entity that the Secretary has determined contained in the report required under sub- retary of State or the Administrator of the advocates, plans, sponsors, or engages in ter- section (a)(1)(B). United States Agency for International De- rorist activity. (2) WITHHOLDING OF FUNDS.—Until the velopment determines that such marking (3) PROHIBITION.—No amounts made avail- President certifies to the Congress that such will endanger the lives or safety of persons able for any fiscal year for assistance to non- recommendations have been implemented, delivering or receiving such assistance or governmental organizations for the West the Secretary of State should withhold from would have a material adverse effect on the Bank or Gaza under the Foreign Assistance United States contributions to the regular implementation of such assistance. Act of 1961 may be made available for the assessed budget of the United Nations for a ‘‘(c) CONGRESSIONAL NOTIFICATION.—Assist- purpose of recognizing or otherwise honoring biennial period amounts that are propor- ance made available under this Act to non- individuals or the families of individuals who tional to the percentage of such budget that governmental organizations for the West commit, or have committed, acts of ter- are expended for such entities. Bank and Gaza may not be provided until 15 rorism. (c) GAO AUDIT.—The Comptroller General days after the date on which the President (4) AUDITS.— shall conduct an audit of the status of the has provided notice thereof to the Com- (A) IN GENERAL.—The Administrator of the implementation of the recommendations mittee on International Relations and the United States Agency for International De- contained in the report required under sub- Committee on Appropriations of the House velopment shall ensure that independent au- section (a)(1)(B). of Representatives and to the Committee on dits of all contractors and grantees, and sig- (d) WITHHOLDING OF FUNDS WITH RESPECT Foreign Relations and the Committee on Ap- nificant subcontractors and subgrantees, TO THE PALESTINIAN AUTHORITY.— propriations of the Senate in accordance that receive amounts for assistance to non- (1) ASSESSED CONTRIBUTIONS.—The Sec- with the procedures applicable to reprogram- governmental organizations for the West retary of State should withhold from United ming notifications under section 634A(a) of Bank or Gaza under the Foreign Assistance States contributions to the regular assessed this Act. Act of 1961 are conducted to ensure, among budget of the United Nations for a biennial ‘‘(d) EXCEPTIONS.—Subsection (a) shall not other things, compliance with this sub- period amounts that are equal to the apply with respect to the following: section. amounts of such budget that are expended by ‘‘(1) ASSISTANCE TO MEET BASIC HUMAN (B) AUDITS BY INSPECTOR GENERAL OF any United Nations affiliated or specialized HEALTH NEEDS.—The provision of food, water, USAID.—Of the amounts available for any fis- agency for assistance directly to the Pales- medicine, sanitation services, or other as- cal year for assistance to nongovernmental tinian Authority. sistance to directly meet basic human health organizations for the West Bank or Gaza (2) VOLUNTARY CONTRIBUTIONS.—The Sec- needs. under the Foreign Assistance Act of 1961, up retary of State shall withhold from United ‘‘(2) OTHER TYPES OF ASSISTANCE.—The pro- to $1,000,000 for each such fiscal year may be States contributions to the voluntary budget vision of any other type of assistance if the used by the Office of the Inspector General of of the United Nations for a biennial period President— the United States Agency for International amounts that are equal to the amounts of ‘‘(A) determines that the provision of such Development for audits, inspections, and such budget that are expended by any United assistance will further the national security other activities in furtherance of the re- Nations affiliated or specialized agency for interests of the United States; and quirements of subparagraph (A). Such assistance directly to the Palestinian Au- ‘‘(B) not less than 25 days prior to the obli- amounts are in addition to amounts other- thority. gation of amounts for the provision of such wise available for such purposes. (3) DEFINITION.—For the purposes of this assistance— (c) SENSE OF CONGRESS.—It is the sense of section, the term ‘‘amounts of such budget ‘‘(i) consults with the appropriate congres- Congress that the President should be guided that are expended by any United Nations af- sional committees regarding the specific pro- by the principles and procedures described in filiated or specialized agency for assistance

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2992 CONGRESSIONAL RECORD — HOUSE May 22, 2006 directly to the Palestinian Authority’’ does or with funds provided by, the Palestinian arming of militias and the elimination of all not include— Authority or the Palestine Liberation Orga- instruments of terror; and (A) amounts expended during any period nization during any period for which a cer- (4) recognizes and accepts all previous for which a certification described in section tification described in section 620K(b) of the agreements and understandings between the 620K(b) of the Foreign Assistance Act of 1961 Foreign Assistance Act of 1961 (as added by State of Israel and the Palestine Liberation (as added by section 2(b)(2) of this Act) is in section 2(b)(2) of this Act) is not in effect Organization and the Palestinian Authority. effect with respect to the Palestinian Au- with respect to the Palestinian Authority. SEC. 11. DEFINITIONS. thority; or (b) ENFORCEMENT.— In this Act: (B) amounts expended for assistance of the (1) ATTORNEY GENERAL.—The Attorney (1) APPROPRIATE CONGRESSIONAL COMMIT- type of assistance described in section 104(c), General shall take the necessary steps and TEES.—The term ‘‘appropriate congressional 104A, 104B, or 104C of the Foreign Assistance institute the necessary legal action to effec- committees’’ means— Act of 1961 (22 U.S.C. 2151b, 2151b–2, 2151b–3, tuate the policies and provisions of sub- (A) the Committee on International Rela- or 2151b–4) and which would, if provided by section (a), including steps necessary to tions and the Committee on Appropriations the Government of the United States, be per- apply the policies and provisions of sub- of the House of Representatives; and mitted under such sections, or under chapter section (a) to the Permanent Observer Mis- (B) the Committee on Foreign Relations 4 of part II of such Act (22 U.S.C. 2346 et seq.) sion of Palestine to the United Nations. and the Committee on Appropriations of the to carry out the purposes of such sections, by (2) RELIEF.—Any district court of the Senate. reason of the application of section 104(c)(4) United States for a district in which a viola- (2) PALESTINIAN AUTHORITY.—The term of such Act. tion of subsection (a) occurs shall have au- ‘‘Palestinian Authority’’ has the meaning SEC. 5. DESIGNATION OF TERRITORY CON- thority, upon petition of relief by the Attor- given the term in section 620K(e)(2) of the TROLLED BY THE PALESTINIAN AU- ney General, to grant injunctive and such Foreign Assistance Act of 1961 (as added by THORITY AS TERRORIST SANC- other equitable relief as it shall deem nec- section 2(b)(2) of this Act). TUARY. essary to enforce the provisions of sub- It is the sense of Congress that, during any section (a). The SPEAKER pro tempore. Pursu- period for which a certification described in (c) WAIVER.— ant to the rule, the gentlewoman from section 620K(b) of the Foreign Assistance Act (1) AUTHORITY.—The President may waive Florida (Ms. ROS-LEHTINEN) and the of 1961 (as added by section 2(b)(2) of this the application of subsection (a) for a period gentleman from California (Mr. LAN- Act) is not in effect with respect to the Pal- of 180 days if the President determines and TOS) each will control 20 minutes. estinian Authority, the territory controlled certifies to the appropriate congressional Mr. BLUMENAUER. Mr. Speaker, I by the Palestinian Authority should be committees that such waiver— rise to claim the time in opposition. I deemed to be in use as a sanctuary for ter- (A) is vital to the national security inter- rorists or terrorist organizations for pur- ests of the United States and provides an ex- am opposed to the bill. poses of section 6(j)(5) of the Export Admin- planation of how the failure to waive the ap- The SPEAKER pro tempore. Is the istration Act of 1979 (50 U.S.C. App. 2405(j)(5)) plication of subsection (a) would be incon- gentleman from California (Mr. LAN- and section 140 of the Foreign Relations Au- sistent with the vital national security in- TOS) opposed to the motion? thorization Act, Fiscal Years 1988 and 1989 terests of the United States; and Mr. LANTOS. No, Mr. Speaker, I (22 U.S.C. 2656f). (B) would further the achievement of the strongly support the motion. SEC. 6. DENIAL OF VISAS FOR OFFICIALS OF THE requirements outlined in the certification The SPEAKER pro tempore. On that PALESTINIAN AUTHORITY. described in section 620K(b) of the Foreign basis, the gentleman from Oregon (Mr. (a) IN GENERAL.—A visa shall not be issued Assistance Act of 1961 (as added by section BLUMENAUER) will control the time in to any alien who is an official of, affiliated 2(b)(2) of this Act). opposition to the motion. with, or serving as a representative of the (2) RENEWAL.—The President may renew Palestinian Authority during any period for the waiver described in paragraph (1) for suc- The Chair recognizes the gentle- which a certification described in section cessive 180-day periods if the President woman from Florida. 620K(b) of the Foreign Assistance Act of 1961 makes the determination and certification Ms. ROS-LEHTINEN. Mr. Speaker, I (as added by section 2(b)(2) of this Act) is not described in such paragraph for each such pe- ask unanimous consent that debate on in effect with respect to the Palestinian Au- riod. this matter be extended by 80 minutes, thority. SEC. 9. INTERNATIONAL FINANCIAL INSTITU- equally divided. (b) WAIVER.—Subsection (a) shall not TIONS. The SPEAKER pro tempore. Is there (a) UNITED STATES POLICY.—It shall be the apply— objection to the request of the gentle- (1) if the President determines and cer- policy of the United States that the United tifies to the appropriate congressional com- States Executive Director at each inter- woman from Florida? mittees, on a case-by-case basis, that the national financial institution shall use the There was no objection. issuance of a visa to an alien described in voice, vote, and influence of the United Ms. ROS-LEHTINEN. Mr. Speaker, I such subsection is important to the national States to prohibit assistance to the Pales- yield half of my time to the gentleman security interests of the United States; or tinian Authority unless a certification de- from California (Mr. LANTOS), and I ask (2) with respect to visas issued in connec- scribed in subsection (b) is in effect with re- unanimous consent that he be per- tion with United States obligations under spect to the Palestinian Authority. mitted to control that time. the Act of August 4, 1947 (61 Stat. 756) (com- (b) CERTIFICATION.—A certification de- scribed in this subsection is a certification The SPEAKER pro tempore. Is there monly known as the ‘‘United Nations Head- objection to the request of the gentle- quarters Agreement Act’’). transmitted by the President to Congress that contains a determination of the Presi- woman from Florida? SEC. 7. TRAVEL RESTRICTIONS ON OFFICIALS AND REPRESENTATIVES OF THE dent that the requirements of paragraphs (1), There was no objection. PALESTINIAN AUTHORITY AND THE (2), and (3)(A), (B), (C), and (E) of section GENERAL LEAVE PALESTINE LIBERATION ORGANIZA- 620K(b) of the Foreign Assistance Act of 1961 Ms. ROS-LEHTINEN. Mr. Speaker, I TION STATIONED AT THE UNITED (as added by section 2(b)(2) of this Act) are NATIONS IN NEW YORK CITY. being met by the Palestinian Authority. ask unanimous consent that all Mem- The President shall restrict the travel of (c) DEFINITION.—In this section, the term bers may have 5 legislative days to re- officials and representatives of the Pales- ‘‘international financial institution’’ has the vise and extend their remarks, and in- tinian Authority and of the Palestine Lib- meaning given the term in section 1701(c)(2) clude extraneous material on the bill eration Organization who are stationed at of the International Financial Institutions under consideration. the United Nations in New York City to a 25- Act. The SPEAKER pro tempore. Is there mile radius of the United Nations head- SEC. 10. DIPLOMATIC CONTACTS WITH PALES- objection to the request of the gentle- TINIAN TERROR ORGANIZATIONS. quarters building during any period for woman from Florida? which a certification described in section It shall be the policy of the United States 620K(b) of the Foreign Assistance Act of 1961 that no officer or employee of the United There was no objection. (as added by section 2(b)(2) of this Act) is not States Government shall negotiate or have Ms. ROS-LEHTINEN. Mr. Speaker, I in effect with respect to the Palestinian Au- substantive contacts with members or offi- yield such time as he may consume to thority. cial representatives of Hamas, Palestinian the gentleman from Texas (Mr. SEC. 8. PROHIBITION ON PALESTINIAN AUTHOR- Islamic Jihad, the Popular Front for the Lib- DELAY). ITY REPRESENTATION IN THE eration of Palestine, al-Aqsa Martyrs Bri- Mr. DELAY. Mr. Speaker, I thank the UNITED STATES. gade, or any other Palestinian terrorist or- gentlewoman for bringing this resolu- (a) PROHIBITION.—Notwithstanding any ganization, unless and until such organiza- tion to the floor and to the gentleman other provision of law, it shall be unlawful to tion— establish or maintain an office, head- (1) recognizes Israel’s right to exist; from California for his support for this quarters, premises, or other facilities or es- (2) renounces the use of terrorism; resolution. It is incredibly important tablishments within the jurisdiction of the (3) dismantles the infrastructure necessary that we bring this resolution to the United States at the behest or direction of, to carry out terrorist acts, including the dis- floor today, and I rise in strong support

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2993 of the Palestinian Anti-Terrorism Act bate. But I am also struck by how we moderate Palestinian legislators or which reaffirms America’s support for are seeing elements of that vibrant de- government officials who oppose our allies in Israel and protects Amer- bate within the American pro-Israeli Hamas. It would prevent the PLO, of ican interests. community over the bill that is before which Hamas isn’t a member, and It also brings an end to the dan- us this evening. which was not impacted by the election gerously infantilization of the Pales- As someone committed to Israel’s se- of Hamas, from having representatives tinian people, who through this legisla- curity and to the vision of the two in Washington or at the United Na- tion will finally be held responsible for states living side by side in peace, I re- tions. I am afraid that this legislation their political decisions. luctantly oppose the legislation this may well backfire by actually In and of itself, January’s Pales- evening, despite my deep respect for strengthening the hands of extremists. tinian election was a victory for the my colleagues who are bringing it for- Remember, this past winter, the civilized world in the war on terror. ward on both sides of the aisle. House, in our wisdom, voted to demand The elections were fair, nonviolent, The bill before us is one that the ad- that the Palestinians prevent Hamas and added further evidence in support ministration does not need nor want. It from running in the legislative elec- of democracy’s fundamental compat- sets permanent and inflexible limits on tions, telling the Palestinian people to ibility with Middle Eastern culture. the United States, whether or not reject them. I don’t think it was any The outcome of that election, the as- Hamas is in power. It could potentially accident that Hamas election banners cendancy of the unrepentant terrorist limit the United States’ ability to help had: ‘‘Israel and America say ‘no’ to organization Hamas, was another story our friend Israel if Israel decides in the Hamas. What do you say?’’ all together. The Palestinian people future that working with a non- I can’t help think that any objective have made their choice; and while we Hamas-controlled Palestinian Author- appraisal would suggest that the must respect their God-given right to ity is in their best interests. United States Congress, telling them self-determination, the choice they Remember in 1995, Israeli Prime Min- what they could do, may well have pro- made has consequences, chief among ister Itzhak Rabin asked the United vided that extra boost for Hamas’ pros- them the immediate end of foreign as- States to support a flawed Palestinian pects at the election. Authority because he felt it was impor- sistance to the Palestinian Authority. This bill provides no diplomatic hori- tant for Israel’s security. Had the American aid to the Palestinian peo- zon, no sunset. It is in perpetuity. It stringent conditions in this bill been in ple must be predicated on their rejec- does little to prioritize on the basis of place, we would have had to have said tion of terrorism. And as long as our strategic interest and provides no no. prospect for Palestinian reform coming Hamas seeks the destruction of Israel In 2003, Israeli Prime Minister Ariel through the process of negotiations. In and the murder of innocent Israelis, Sharon asked the United States to sup- so doing, it weakens the hands of those the United States cannot financially port the Palestinian Prime Minister, who advocate for peace negotiations support the Palestinian Authority. Mahmoud Abbas. Had the stringent When the day comes that Palestinian conditions in this bill been in place, we and supports those extremists who be- leaders reject violence, break apart would have had to say no. lieve in violence. their terrorist infrastructure, embrace Should a future Israeli leader come Democracy is a complex process in freedom, and seek membership in the and ask us to support the Palestinian the Middle East and all too rare in the civilized world, we will welcome them. Authority, after Hamas is forced from Middle East. The election of Hamas Until that day, not a dime. power, we shouldn’t allow the condi- shows that for the kinds of democ- Mr. BLUMENAUER. Mr. Speaker, I tions in this bill to force us to say no. racies we want to see, elections aren’t yield myself such time as I may con- Unfortunately, this bill defines the enough. We need to promote the kinds sume. Palestinian Authority to include the of democratic institutions, free civil Everybody on this floor wants to Palestinian legislative counsel, as long society, conducive to sustainable, lib- send the same loud and clear message: as members of Hamas are in the Pales- eral democracy in Palestinian terri- that Congress is united in its opposi- tinian Parliament. We would have to tories. tion to terror and we are all deeply say no to Israel’s request. The President needs to be free to do concerned about the future and secu- As has been pointed out with Libya, just that, with congressional oversight, rity of our close friend and ally, Israel. the debate over Libya, sometimes we not congressional prohibitions and This debate is not about our shared allow diplomatic relations with imper- micromanagement. I understand the revulsion at those who would murder fect regimes because progress can best sincere concern that many people who innocent citizens or sow terror for po- be made through engagement instead support this legislation have, but it is litical purposes. of isolation. This bill goes far beyond too onerous and burdensome on an ad- ministration that needs to practice di- b 1915 the ramifications of January’s election and Hamas’ rise to power. plomacy. It is not about current law, which It would restrict relations with and Democracy is a continuing process prohibits any assistance to Hamas or a support for Palestinian groups and in- that helps transform those who prac- Hamas-controlled government, which stitutions that have nothing to do with tice it. I agree with the rabbi from my Congress unanimously reaffirmed ear- terror or rejectionism. It places sanc- district who wrote that, ‘‘change is ev- lier this year. For many people, we will tions on the Palestinian leaders and erything in politics, no matter how find tonight that this is a very per- parts of Palestinian civil society who bleak the situation currently is,’’ in sonal issue. For anyone who has visited support peace with Israel, oppose ter- expressing his opposition to this legis- Israel, you understand. rorism and who, if the two-state vision lation. We cannot support Hamas or When I first visited Jerusalem, I comes to pass, will form the backbone other terrorist groups, but neither couldn’t help but be struck by how of a democratic society. should we close the door on change. close the holy sites of the three great There is, in this legislation, no rec- Most of the Members of this body religions are, less than the distance of ognition that Palestinian society is consider themselves to be strong a Tiger Woods 5-iron shot. I will always deeply divided, and that it makes no friends and supporters of Israel. So do cherish the opportunity in a more opti- sense to put sanctions on President I. That is why I will urge a ‘‘no’’ vote mistic time, to visit a security check- Abbas, reformers, even activists for de- on this resolution. point outside Ramallah, jointly mocracy, peace and coexistence. The Mr. Speaker, I reserve the balance of manned by Israelis and Palestinians. bill would prohibit the assistance we my time. The possibility of that moment, its fra- give to schools that teach peace, to Mr. LANTOS. Mr. Speaker, I rise in gility and the ramifications of failure, democratic and peaceful political orga- strong support of this legislation and have been brought home to me repeat- nizations, to groups promoting co- yield myself as much time as I may edly in recent years. operation with Israel on shared envi- consume. I was and am impressed by the diver- ronmental challenges. During the course of this debate, I sity of opinions in Israel, by its vibrant It would even punish the democratic will rebut point-by-point the items tradition of democracy and heated de- opposition by prohibiting visas for raised by my good friend from Oregon,

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2994 CONGRESSIONAL RECORD — HOUSE May 22, 2006 for whom I have great respect and ment of suicide attacks on both Amer- nounced just yesterday to release $11 great affection. But let me just say ican and Israeli citizens. million and let these funds be used for that while I am convinced that his po- Now, despite the pathetically naive medicine and equipment for Pales- sition is motivated by the best of in- hopes of some that Hamas would tinian hospitals, bypassing entirely the tentions, he totally misrepresents the change its stripes upon assuming terrorist government of Hamas. nature of our legislation. power, if anything, the anti-Israel rhet- Mr. Speaker, representatives of the Mr. Speaker, it was my great pleas- oric has only been stepped up. The for- United States have been meeting with ure to join my friend and distinguished eign minister of the terrorist govern- their counterparts from Russia, the colleague, ILEANA ROS-LEHTINEN, in in- ment, Mahmoud al-Zahar, recently told United Nations and the European troducing the Palestinian Anti-Ter- the world that he dreams of, and I am Union to discuss the financial crisis rorism Act. It has also been an honor quoting again, Mr. Speaker, ‘‘hanging a that Palestinians have faced since to work with the chairman of the com- huge map of the world on the wall at Hamas came to power. Our bill is fully mittee, HENRY HYDE, in bringing the my Gaza home, which does not show consistent with the positions and poli- bill to the floor in its present form. I Israel on it, because there is no place cies of the so-called quartet. would like to thank all 295 of my col- for the State of Israel on this land.’’ Mr. Speaker, we in this Congress are leagues who are cosponsors of this bill, So much for moderation. sickened by the fact that the Palestin- which was reported out of the Inter- Mr. Speaker, such statements by ians chose Hamas as their leader, and national Relations Committee on a bi- Hamas government officials make we are sickened and appalled by every- partisan vote of 36–2. I repeat, the leg- crystal clear the rationale for our leg- thing that Hamas stands for. Our bill, islation was reported out of the Inter- islation. We must isolate the new ter- H.R. 4681, demonstrates that America national Relations Committee rep- rorist authority in the West Bank and will stand firm in the fight against ter- resenting the broadest spectrum of Gaza. The situation in the Middle East rorism, while remaining true to the views and positions by a vote of 36–2. is alarming. The Palestinian Authority hope for a peaceful Middle East. Our This is a bill that enjoys the broadest is now governed by a group of killers, legislation will serve as a model for the bipartisan support. like Iranian President Ahmadinejad, right policy to take against terrorists, Mr. Speaker, a little more than a who believes that Israel, quote, should however they take power, and on be- month ago, a 16-year-old boy from be wiped off the map. half of the democratic ally that is the Florida, Daniel Wultz, arrived in Israel It is therefore incumbent upon us, target of suicide bombings by a govern- with his family. They were celebrating Mr. Speaker, as the ally and long-time mentally-organized campaign. Passover, which commemorates Jewish supporter of the democratic State of Allow me a personal word, Mr. liberation from brutality long ago. On Israel, to do everything we can to dem- Speaker. As all of my colleagues know, a pleasant evening in Tel Aviv, Daniel onstrate the bankruptcy of Hamas’ vi- I am the only Holocaust survivor ever met his father for dinner at a popular sion and to ensure that Hamas receives elected to the Congress of the United falafel restaurant in a working-class no help from the United States in im- States. My family was wiped out by a neighborhood. plementing its evil plans. government that systematically Moments later, a Palestinian ter- Our bill does exactly that. We will sought to eliminate an entire people. rorist detonated 30 pounds of explosives end all assistance to the Palestinian I am here today to tell you that what just a few feet from the father and son. Authority with exceptions for humani- Hamas has in mind is a holocaust on Daniel suffered severe internal inju- tarian aid. We will also end all contact the installment plan. I repeat, I am ries, and his leg had to be amputated. between U.S. diplomats and the here today to tell you that what Hamas After a valiant struggle for survival, Hamas-controlled Palestinian Author- has in mind is a holocaust on the in- Daniel died last week. As for his father, ity. stallment plan. It is being done one he faces a long and painful recovery atrocity at a time. As long as support b 1930 physically; the psychological repercus- continues to flow to Hamas, this holo- sions one can only speculate on. Our goal, Mr. Speaker, is not to pun- caust on the installment plan will con- This tragedy was compounded several ish the Palestinian people. Our goal is tinue, and ultimately, it might suc- times over, Mr. Speaker. In this one to demonstrate to them, and to their ceed. But our bill will stop it. terrorist incident, perpetrated by government, that hatred, murder, as- I strongly urge my colleagues to join Hamas, 10 people were murdered, more sassination and non-recognition of me in supporting this important, vital, than 60 were injured, and hundreds of neighbors is unacceptable in a civilized bipartisan piece of legislation. loved ones are suffering the atrocities, world. Accordingly, we want to make Mr. Speaker, I reserve the balance of the effects of these atrocities for the sure that the U.S. taxpayer will not my time. rest of their lives. supply one penny of aid for which the Mr. BLUMENAUER. Mr. Speaker, I Mr. Speaker, during the murderous Hamas government can claim any cred- yield 6 minutes to the gentlewoman Intifada, orchestrated, planned and it, and we want to make sure that from Minnesota (Ms. MCCOLLUM). perpetrated by Hamas, more than 1,000 Hamas and its government are ac- Ms. MCCOLLUM of Minnesota. Mr. Israelis were killed in incidents like corded absolutely no legitimacy by the Speaker, tonight we should be working this recent one, barbarous, random, United States or our diplomatic rep- to ensure security and peace for Israel sneak attacks on men, women and chil- resentatives. and for more hope, opportunity and dren, just going about their lives. Our bill, of course, recognizes that peace for the Palestinian people. Given its comparatively small popu- humanitarian emergencies will arise Among our colleagues in the U.S. lation, less than 6 million, the loss of and that we should be supportive of ap- House, there is unanimous intolerance 1,000 innocent lives in Israel is the propriate NGO activities. Just to cite and condemnation for the current equivalent of losing 50,000 here in the one example, Mr. Speaker, I wrote Sec- Hamas-led government of the Pales- United States. I wonder how many of retary of State Condoleezza Rice re- tinian Authority. The refusal of the po- our colleagues would stand up for the cently asking that the United States litical leadership of Hamas to recog- terrorists if we had lost 50,000, not 3,000 provide funding to assist the Palestin- nize the State of Israel, renounce vio- on 9/11. ians in dealing with the serious out- lence and terrorism and agree to pre- What was the response of the Hamas break of avian flu in the Gaza Strip, vious agreements and obligations of government to the restaurant bomb- and I am pleased that our government the Palestinian Authority is unaccept- ing? The spokesman for Hamas said has been responsive to my request. I able, and, therefore, they must con- that it was, and I quote, Mr. Speaker, think we would all agree on continuing tinue to be isolated by the inter- ‘‘legal.’’ This monstrous act, the most the U.S. tradition of dealing with the national community. recent terrorist attack, killed 10 peo- humanitarian needs of any people, in- Congress should be here tonight ple, and Hamas leadership says, it’s cluding the Palestinian people. unanimously passing a bill that sup- legal. No condemnation, no promise of I am sure that all of my colleagues ports Secretary of State Rice as she pursuing the perpetrators of this vi- will join me in praising the govern- leads the international community to cious crime; just a blanket endorse- ment of Israel for the plan it an- keep firm pressure on Hamas until

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2995 they agree to internationally recog- Palestinian families and children Israel has been fighting a war on ter- nized and civilized standards of con- must not be targeted. They must not ror for more than 60 years. Presently, duct. At the same time, Congress be deprived of their basic human needs Israel finds itself in the unique position should be working to support the Bush by this Congress. Instead, this House of facing a terrorist organization that administration and the international should assure that Palestinian families is hiding behind the legitimacy of the community to avoid a serious humani- and children will be treated in a fash- Palestinian Authority. Some have cho- tarian crisis among the Palestinian ion that reflects our values and the be- sen to recognize Hamas, a terrorist or- people. lief that their lives are valuable. ganization, as a legitimate governing On May 9, 2006, Secretary Rice said NGOs with significant experience in body for the Palestinian Authority. We as she announced $10 million of med- delivering humanitarian assistance in the United States Congress find this ical assistance to the Palestinian peo- have expressed serious concerns with unacceptable. ple, ‘‘We will continue to work and the lack of flexibility in this bill. On Hamas believes that terrorism is a le- look for ways to assist the Palestinian April 6, 2006, a letter from the United gitimate tool of political negotiation. people and will encourage other coun- States Conference of Catholic Bishops Hamas does not hide from its endorse- tries to join us in this effort.’’ She goes to Chairman HYDE expressing concerns ment of homicide bombings or its de- on to say, ‘‘We will not, however, pro- regarding this bill states, ‘‘The legisla- sire to use this tactic to achieve its vide support to a Hamas-led govern- tion provides for the urgent needs of goal of destroying Israel. ment that refuses to accept the calls of the Palestinian people. A further dete- Make no mistake about it: Hamas the Quartet and the broader inter- rioration of the humanitarian and eco- kills. It murders. It maims. It orphans, national community to renounce terror nomic situation of the Palestinian peo- and it robs. It blunts the future of in- and to become a partner for peace.’’ ple compromises human dignity and nocence. It takes away the happiness of I strongly support her efforts, and it serves the long-term interests of nei- children, and it tears apart families. is unfortunate that the bill tonight ther the Palestinians nor of Israelis Hamas believes that this behavior is could not have been drafted to come to who long for peace.’’ somehow acceptable. the floor that would be supported by In its present form, this bill will not Today, we must send a message to the State Department. The State De- allow NGOs to properly carry out the Hamas and President Abbas that the partment’s comment regarding H.R. very assistance determined to be nec- free nations of the world reject their 4681 is, ‘‘this bill is unnecessary.’’ essary by Secretary Rice, ensuring suf- desire to be recognized as legitimate Instead of advancing the U.S. inter- fering and misery to the Palestinian leaders of their people. Both Hamas ests, H.R. 4681 does not recognize the people. and Fatah’s al-Aksa Martyrs Brigade three criteria set forth by President Later this week in this Chamber, we have a record of terror and their lead- Bush, demanded by President Bush and will be honored by the presence of ers have a demonstrated lack of hu- the international community, for Israeli Prime Minister Ehud Olmert. In manity by allowing these murderous Hamas to commence any form of en- an interview last week, Prime Minister activities. gagement and to work with the U.S. Olmert said the Palestinians ‘‘are the Mr. Speaker, today the United States and the international community. victims of their own extremist, fun- House of Representatives sends a H.R. 4681 sets an elevated threshold damentalist, religious, inflexible and which makes U.S. leadership for peace unyielding leadership, and we will do strong message that our government in the Middle East nearly impossible, everything in our power to help these does not and will not deal with terror- even if Hamas does agree to recognize innocent people.’’ ists, nor in this Congress should we or Israel, does renounce terrorism and I strongly associate myself with the will we allow American taxpayer dol- does agree to abide by all previous honest and courageous comments of lars to fund the terrorist activities. agreements. the prime minister and his desire for Israel is engaged in a war on terror. The outcome of this bill, if it were to security and peace. I oppose this bill It is a war that is part of that which is become law, would be to isolate Pales- because it is a missed opportunity to worldwide and in which we find our- tinian leaders who have been com- keep pressure on Hamas. selves engaged as well. mitted to advancing the peace process, Ms. ROS-LEHTINEN. Mr. Speaker, I b 1945 isolate leaders who have denounced yield such time as he may consume to Make no mistake about it, the very terrorism and isolate leaders who are the gentleman from Virginia (Mr. CAN- freedoms that we hold dear are at working with Israel for peace and a TOR), the chief deputy majority whip. stake, and we must never stop fighting permanent two-state solution. How Mr. CANTOR. Mr. Speaker, first of this war until the last terrorist on does this advance the U.S. goals in the all, I would like to salute the region? It does not. gentlelady from Florida on her unbe- Earth is in a cell or a cemetery. This bill’s real result will be to iso- lievable leadership in bringing this bill Mr. Speaker, unfortunately, I stand late the U.S. among the members of to the floor and her tireless efforts in before you as the violence and pain of the international community that are the promotion of freedom and the re- Palestinian terror was felt by my fam- working for peaceful solutions between jection of terror around the world. I ily. As Mr. LANTOS, the gentleman Israel and the Palestinians. thank her for that. from California has said, last week, One of our partners in isolating I also would like to salute and thank Daniel Wultz died of wounds he suf- Hamas and delivering humanitarian as- Chairman HYDE for his leadership in fered in a homicide bombing in Tel sistance to the Palestinian people is bringing this bill to the floor, and cer- Aviv in April. Daniel was my cousin. the United Nations. A section in this tainly the gentleman from California He and his family were visiting Israel bill calls for the withholding of a por- for his dedication to the rejection of celebrating the Jewish holiday of Pass- tion of the U.S. contribution to the terror and the promotion of freedom in over. United Nations, as if this valuable such a tireless way and such an articu- Daniel and his father were eating partner were an enemy. For this bill to late manner here on the House floor. I lunch at a cafe in Tel Aviv, when a target the United Nations, a member of thank the gentleman as well. homicide bomber blew himself up at the quartet, in such a fashion is a clear Mr. Speaker, I do rise today in strong the restaurant. For 27 days Daniel signal that this bill’s intent is to un- support of H.R. 4681, the Palestinian fought for his life, but last Sunday he dermine the Bush administration’s Anti-Terrorism Act. The policy behind died as a result of his wounds. Daniel multilateral leadership. this piece of legislation is identical to was passionate about his family, This bill places extreme constraints that which undergirds the Bush doc- friends and the community around on the delivery of humanitarian assist- trine. It is simple: Terrorism is evil him. He was an excellent student and a ance by non-governmental organiza- and will not be tolerated. Murderous member of the varsity basketball team tions to the Palestinian people. This acts carried out by the terrorists must at the David Posnack Hebrew Day bill’s unnecessary obstacles have the be stopped, and those who perpetuate School in Plantation, Florida. potential for very negative human con- this evil deserve nothing less than con- He was active in the Chabad sequences and would exacerbate a demnation and destruction. That is Lubavitch of Weston and hoped to pur- human crisis. why this legislation must pass. sue his religious studies further after

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2996 CONGRESSIONAL RECORD — HOUSE May 22, 2006 high school. He was a handsome, witty ready has ample authority to impose medicine. But it makes no provision and compassionate young man, and did all its restrictions, and constrains the for other forms of humanitarian assist- not hesitate to speak out against any executive branch’s flexibility to use ance, such as aid for the homeless or injustice he encountered in his daily sanctions as appropriate as tools to ad- displaced families and orphans. life. dress rapidly changing circumstances. Mr. Speaker, some have pointed to He was devoted to the laws and These are the words of the adminis- Presidential waiver authority in the teachings of Judaism and Tikun Olam, tration. And I think the Congress bill and suggested that it would allow the Jewish ideal that we must work to would do well to consider them. critical assistance to reach Palestin- make the world a better place. Daniel Mr. Speaker, I yield 51⁄2 minutes to ians. Not so. Unfortunately, all aid be- was a young man with a bright future. the gentleman from North Carolina yond health-related humanitarian as- Now he is gone, robbed of his bright (Mr. PRICE). sistance would be prohibited unless the and promising future. (Mr. PRICE of North Carolina asked President, on a case-by-case basis, were Daniel is survived by his parents, and was given permission to revise and to certify that assistance is required by Sheryl and Tuly Wultz, and his sister, extend his remarks.) U.S. national security. Amanda. I join my colleagues in send- Mr. PRICE of North Carolina. Mr. And then he would have to consult ing our deepest sympathies. Speaker, almost exactly a year ago, I with Congress 25 days in advance and Mr. Speaker, I want to again salute joined a bipartisan group of Members submit a written memorandum ex- the gentlewoman from Florida and her in visiting the Hope Flowers School in plaining why such assistance benefits efforts on this bill and want to say that the Palestinian village of al Khader, U.S. security. How many projects I wholeheartedly supported her bill in just outside of Bethlehem on the West would survive such a gauntlet? Think its original form as well. Bank. about the kinds of aid programs that Mr. Speaker, I would draw the Hope Flowers teaches its students a would be cut off, projects that focus on House’s attention to page 8 of the bill curriculum promoting tolerance, non- building democratic institutions and and section 2 in which we speak about violence, democracy and peaceful coex- civil society, projects that promote the exceptions to the prohibition of as- istence. Our bipartisanship delegation economic development to stabilize the sistance in the Palestinian Authority, witnessed the signing of a USAID territories, projects that ensure that especially to section 620K of the law in agreement to renovate several class- school curricula provide students with which the bill provides for an exception rooms and other key facilities at the a progressive education rather than to fund the President of the Pales- school. fundamentalist propaganda, curricula tinian Authority for nonsecurity ex- Projects like this are supported by that teach tolerance and conflict reso- penses. the United States throughout the Pal- lution skills. Surely programs like this It is this provision, Mr. Speaker, that estinian territories. Other projects are are in our interest. I hope that we will be able to limit and paying for modern school books to en- Mr. Speaker, they are exactly what remove in the conference with the Sen- sure that fundamentalist propaganda we need to reduce violence, to build the ate. Hamas must renounce terrorism, has no place in Palestinian schools; po- capacity of Palestinian civil society, destroy all terrorist organizations that table water projects to prevent the and make progress toward a peaceful are allowed to operate in the Pales- spread of disease, economic develop- resolution; and yet they are exactly tinian Territory, and it must recognize ment to improve job prospects for Pal- the programs that would be eliminated Israel’s right to exist as a Jewish state. estinian youth, and construction of in this bill. Mr. Speaker, there are other prob- Hamas and the Palestinian President, hospitals, schools, sewers, power grids lems with the bill as well. It would sig- Mr. Abbas, must understand that we in and business centers. nificantly handicap any effort to en- These types of projects are critical to the United States Congress are serious gage the moderate elements in the Pal- our interests, to Israel, and to the pros- about this policy. estinian Authority, such as Palestinian We must make it clear to the world pects for peace. They help prevent hu- Authority President Abbas, by oppos- that the U.S. does not see terrorism as manitarian crises and diminish popular ing restrictions on visas, travel, and of- discontent, and they also inculcate val- a viable tool for negotiations. This is a ficial Palestinian Authority represen- ues like those taught at Hope Flowers. first step in the process. And I would tation in the U.S. like to bring to the attention of the They train peacemakers; they im- Mr. Speaker, because of these funda- House that I strongly disagree with one prove America’s standing in the Middle mental flaws in the legislation, it is op- of the speakers from the opposition East. Why would we want to eliminate posed by several leading voices for who stated that this bill does not pro- programs like these? Are they not Israel and Middle East peace, including vide for humanitarian efforts for emer- needed now more than ever? And yet the Israel Policy Forum, Brit Tzedek, gency aid for the people in the Pales- that is exactly what H.R. 4681 would Americans for Peace Now, Churches for tinian Authority. It does. do. It would cut off U.S. assistance to Middle East Peace, a broad Protestant Mr. Speaker, I look forward to work- the West Bank and Gaza. coalition, and the U.S. Conference of ing with the gentlewoman, to working Mr. Speaker, I stress, despite the way Catholic Bishops. with Chairman HYDE and the gen- some proponents are trying to frame The Bush administration also op- tleman from California to strengthen this debate tonight, the issue is not aid poses this bill. In a paper delivered to this bill. I urge passage of this bill, and to Hamas or to the Hamas-controlled the House International Relations note that we all must stand for the ab- Palestinian Authority. Nobody on this Committee, the State Department solute rejection of terrorism and abso- floor tonight has any tolerance for calls the bill unnecessary and says it lutely no U.S. taxpayer dollar being Hamas. unduly constrains the Executive’s spent for terrorist activities. The issue is rather the bill’s ban on flexibility. Mr. BLUMENAUER. Mr. Speaker, I aid to all nongovernmental groups, pri- Mr. Speaker, there is no denying that yield myself 45 seconds. vate groups, and organizations, many Hamas’s election victory was a signifi- Mr. Speaker, invoking the Bush doc- of whom are diametrically opposed to cant step backward in the quest for a trine, the previous speaker talks about Hamas’s philosophy. Let me clarify peaceful resolution to this conflict. humanitarian assistance. One of the some further misconceptions about There is no disagreement here tonight concerns that the Bush administration this legislation. I am not speculating that we should send Hamas a strong has in not supporting this bill is that it here, Mr. Speaker; I am referring to message that the world will not tol- is too narrowly drawn, talking about page 12 of the bill. I invite colleagues erate its violent and irresponsible be- ‘‘health,’’ and not broader humani- to read it. havior. tarian assistance. Mr. Speaker, some have suggested But this bill goes far beyond sending Mr. Speaker, I will discuss that later the bill contains sufficient exceptions that message. Instead, it sends the in the course of the evening. Due to the to allow humanitarian assistance to message that the U.S. wants to punish mandatory nature of the bill, its lack pass through. Not so. The bill makes the Palestinian people for Hamas’s ac- of a general waiver, the executive an exception for health-related human- tion, a message that serves no good branch thinks it is unnecessary. It al- itarian aid, such as food, water and purpose.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2997 We can unanimously support, and ment before. There are a lot of dif- racy and transparency, although their that is what we should be doing to- ferences, but there is one common immediate benefit is a little unclear in night, my colleagues, we can unani- thing. the Middle East right now. But I be- mously support legislation blocking as- When this House helped override the lieve that if there were a strict inter- sistance to Hamas, and to a Hamas- veto of Ronald Reagan against sanc- pretation of this criteria, we could not controlled Palestinian Authority. tions against the hateful, racist regime have helped the Camp David Peace But if we adopt legislation that pun- of South Africa, we were told by many Agreement with Egypt which was nei- ishes the Palestinian people, instead of that we would be hurting the people of ther democratic nor transparent, nor is isolating the terrorists, we lose the South Africa, and that was true. The Jordan, nor was the PLO and the PLA moral high ground. Let us reclaim the average South African, the average before Hamas. moral high ground, signal our resolute black South African who was victim- Let me put it this way: If Abbas’ opposition to terrorism and also our ized by apartheid was, in the short team had won instead of Hamas, I be- support for those Palestinian individ- term, victimized by sanctions. And we lieve there might have been an argu- uals and groups who are working for a did not apply sanctions only against ment that they don’t meet the criteria. peaceful and democratic future. the racists who ran the government; we So I would ask the gentleman from Mr. Speaker, we should defeat this applied sanctions against the whole California, how strictly are we going to bill and ask the IR Committee to bring country. interpret these criteria? Can he give back a bill truly reflective of American It is sometimes the case that appro- me some assurance that these criteria interests and values. priate public policy will have short- will not be so strictly interpreted that Mr. LANTOS. Mr. Speaker, I yield 7 term negative effects. But here is our you would make it impossible to deal minutes to my good friend and our dis- problem, as I say. We have been told with the very imperfect regimes that tinguished colleague from Massachu- that Hamas won that election in part we are going to have to deal with? setts (Mr. FRANK). because of its skill at delivering goods Mr. LANTOS. Mr. Speaker, will the Mr. FRANK of Massachusetts. I and services. That means if you sup- gentleman yield? thank the ranking member. port peace, it is very much in your in- Mr. FRANK of Massachusetts. I yield Mr. Speaker, first the criticism of terest not to aid Hamas’s ability to de- to the gentleman from California. the procedure. This is a difficult and liver goods and services. Mr. LANTOS. If I may take the floor, complex bill. It has no business being So I fully support the part of the bill I fully agree with the interpretation of before us under suspension of the rules. that says, no aid for Hamas. I have to my friend from Massachusetts. We are It ought to be subject to amendment say to some of my friends, I do also not looking for protection from Hamas. and unrestricted debate. It’s not like want to warn the President, as some of There is no perfection in any of the we didn’t have enough time. my liberal friends have come here to governments with which we have diplo- And to show our commitment to de- defend his right for flexibility in the matic relations and which we support mocracy by muffling it here serves no foreign policy, please be warned that with huge amounts like the govern- good purpose. But we do have the bill that is a very temporary alliance. ment of Egypt. We are merely asking before us. I plan to vote for it after for minimal standards of civilized be- some conversation in which I hope I b 2000 havior, the termination of suicide can be joined by the gentleman from Mr. President, please don’t assume bombings and the acceptance of their California. that your allies here arguing for your neighbor in peace. Mr. Speaker, let me explain my basic flexibility will last much longer than Mr. FRANK of Massachusetts. I reason. We were told when Hamas won tonight. But I also am very skeptical of thank the gentleman. Reclaiming my that election, tragically, when the ma- those who say, well, let’s give the time, I hope as this process goes for- jority of the people of Israel were ready money so they can have better schools. ward in the less restricted other body to make significant concessions, had Let’s give the money so they can learn that we can clarify that and sharpen it. already begun to do that, an historic reconciliation, et cetera. No, I don’t I will say that with regard to the inter- moment when Israel was ready to think a Hamas government is going to national financial institutions over make significant concessions for peace, allow that. So I am very much in favor which the committee on which I serve they were totally repudiated. We were of this bill insofar as it says, no, we has jurisdiction, we struck from the told, well, don’t overinterpret that will not contribute to the further polit- bill the requirement of democracy as a election, because the victory of Hamas, ical growth of Hamas. I want that gov- prerequisite for peace in the Middle which in percentage terms wasn’t as ernment to fail and fall. And that does East. great as in the Parliament for a vari- mean, as it did with sanctions in South Let me also note, by the way, I was ety of reasons, but we were told that Africa, some short-term pain, although struck, the gentleman from Virginia victory for Hamas was not simply from this bill, more than it has been de- lamented the inclusion in the provision people who agreed with their scribed by its opponents, does allow for in this bill which some of the oppo- rejectionist, hateful philosophy; but it humanitarian aid. nents have denied existed. It is kind of was probably because they were so Let me say for those of my liberal an odd thing. The poor provision is at- much better than Fatah at delivering friends who mourn for the President’s tacked by people who don’t like it and services. flexibility: Don’t you know that when- denied by people who do. That is the To some extent, we got the expla- ever we grant waivers, no matter how provision allowing aid to the president nation, frankly, for congressional ear- complicated the process, they are of the Authority. The bill does provide marks. Why do Members here like to waived? There is nothing about a re- that the aid can go to President Abbas earmark? Because they can go deliver quirement of a Presidential waiver to make peace, not just for his personal the goods to people back home and that ever stops the President from security. then get votes from people who don’t doing what he has done. The President So I disagree with the gentleman agree with them. That is, we all know, can certify that Abbas was pregnant if from Virginia. It is that amendment why we have earmarks. he had to to get the bill through, and and some of the other amendments Well, I don’t want Hamas getting any he would do it. The history of waivers that we have had in there. So I will be more earmarks. I don’t want to con- is they have been no obstacle to what voting for the bill at this point in the tribute to a situation where Hamas can policy is. spirit the gentleman from California deliver the goods because they are well But here is my problem, and I would has mentioned, namely that, yes, we funded, and then can convert the good ask the gentleman from California to say ‘‘no’’ to Hamas because we have no will they earned with that money into respond in this way, I agree that we interest in funding Hamas so it be- votes for rejection. shouldn’t aid Hamas. But this bill says comes more politically popular in sup- That is why I fully support a strict we should only aid any entity if it be- port of its rejectionism. But we do not refusal to fund Hamas. And people say, comes democratic or has taken steps to interpret this bill as being an obstacle well, you will be punishing the Pales- become democratic and to become to negotiations of the sort that we tinian people. I have heard the argu- transparent. Now, I am all for democ- have with Egypt, with Jordan, with

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H2998 CONGRESSIONAL RECORD — HOUSE May 22, 2006 Arafat, certainly no winner of the civil ion, and this serious debate tonight of this Congress, and I speak my heart- liberties award from anybody. about which there are serious dif- felt condolences to Daniel’s family. With that assurance of the gen- ferences that I deeply respect, this de- May we act in such a way that Daniel tleman and the hope that we can refine bate tonight about the future of Amer- and his loss will soon, some day soon, this as it goes forward, I will vote for ican financial assistance to the Pales- be simply a part of a history of a time this bill. tinian Authority is such a debate. gone by, a history that will be remem- Mr. LANTOS. We appreciate the gen- Let us say plainly, Hamas is a ter- bered as other violent pages of the his- tleman’s support. rorist organization that advocates for tory of mankind have been remem- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE its political ideology the murder of in- bered, with respect, with grief but rep- The SPEAKER pro tempore (Mr. nocent civilians. This Congress, this resentative of a time that is past. And KUHL of New York). The Chair would President, his administration and the that will be my prayer. remind Members to direct their re- American people have been clear, the Mr. BLUMENAUER. Mr. Speaker, I marks to the Chair, not the President. United States does not support, nego- yield 4 minutes to the gentleman from Ms. ROS-LEHTINEN. Mr. Speaker, I tiate or fund terrorist organizations, Michigan (Mr. DINGELL), the Dean of yield such time as he may consume to even those that have won a majority of the House. the gentleman from Indiana (Mr. a legislature. Tonight we will say (Mr. DINGELL asked and was given PENCE), a member of the International clearly in this Palestinian Anti-Ter- permission to revise and extend his re- Relations Committee. rorism Act: Not one penny for Hamas. marks.) (Mr. PENCE asked and was given per- The Palestinian Anti-Terrorism Act Mr. DINGELL. Mr. Speaker, this leg- mission to revise and extend his re- promotes, however, a democratic Pal- islation should be considered under an marks.) estinian Authority that denounces and open rule with lengthy debate and full Mr. PENCE. I thank the gentle- combats terrorism, de-arms and dis- opportunity to discuss it, not at 8 woman for yielding, and more to the mantles terrorist agencies, networks o’clock at night with the corporal’s point, I thank Representative ROS- and facilities, and works to eliminate guard here on the floor. LEHTINEN for her extraordinary leader- anti-Israel and anti-Semitic incite- I yield to no man in my support for ship of the Subcommittee on the Mid- ment and the commemoration of ter- Israel. I have voted for hundreds of bil- dle East and Central Asia where it is rorists; one that agrees to respect the lions of dollars for it over the years I my privilege to serve. My heartfelt ap- sovereignty of its neighbors and ac- have served here. And I yield to no man my position to terror and terrorism preciation to Chairman Henry Hyde to knowledges, respects and upholds the and terrorists. But that is not what is demonstrate that the lion still roars. human rights; and one at its very core His leadership in bringing this legisla- at issue here tonight. that has agreed to recognize our cher- The administration says this bill is tion to the floor is meaningful and of ished ally, the State of Israel, as an not necessary. It points out that this global significance. And to my mentor independent, sovereign, Jewish, demo- bill constrains the administration in and friend, the ranking member, the cratic state. delivering meaningful diplomatic effort gentleman from California (Mr. LAN- Now, there are criticisms tonight to resolve the problems of the Middle TOS) I rise with gratitude for your well spoken and no doubt well inten- East. The Middle East’s problems and tioned that say that the administra- moral leadership again demonstrated the problems of the Palestinians and tion and our country will lack the on this floor this evening with your el- the Israelis will not be resolved by oquent and powerful words. flexibility to meet the humanitarian starving the Palestinians or by cre- I rise today in strong support of the needs on the ground. But I must say, ating additional hardship. They are Palestinian Anti-Terrorism Act. As an Mr. Speaker, with the clear language of desperate people, incarcerated in walls, original co-sponsor of the act, I come this legislation that I would argue oth- afflicted with high unemployment, suf- to this floor tonight saddened. I am erwise; that this legislation excludes fering from health and other problems. saddened at what seems to be a dimin- funding for ‘‘basic human health The non-governmental organizations ishing opportunity for peace. In the needs.’’ There is also the allowance of point out that this will strip them in wake of a world hopeful with the elec- security for President Abbas, and then substantial part of contributing to tion of President Abbas, we saw it fol- perhaps the broadest exception that this. It will in large part almost totally lowed with the election of a legislative has even met with some criticism to- strip the United States from the abil- majority within the Palestinian Au- night, an exception for nonsecurity ex- ity to address the needs of the Pales- thority of a terrorist organization penses that are ‘‘related to the facilita- tinian people and to address the hu- known as Hamas. I am saddened to- tion of a peaceful resolution of the con- manitarian concerns which we have night by the story of Daniel whose flict between the Palestinian people about them. family’s loss will be remembered, not and Israel.’’ Peace in the Middle East is not going just as it was poignantly this evening Back in southern Indiana, we call to be achieved at gunpoint. It is going by Congressman CANTOR on this floor that a hole that you could drive a to be achieved by negotiations, by peo- as he spoke of his own flesh and blood, truck through, and it is precisely the ple working together; and that process but will be remembered later this week kind of flexibility that we need in these may be ugly, dirty and slow, but it is as the Prime Minister of Israel comes uncertain days. In these days, even in the only process that will work. To cre- with some of Daniel’s family at his the last 24 hours, where we have seen ate additional hardship and suffering side. nascent evidence of even a civil war for the Palestinians is simply going to The gentleman from California (Mr. emerging within the Palestinian Au- guarantee more desperate, angry men LANTOS) reminded us of the human cost thority, as much as I might like a who are fully determined that they will about which we debate tonight, and the much more narrowly construed bill, I go forth to kill Israelis or Americans policies and the messages that we will am prepared to endorse this legisla- or anybody else. Our purpose here to- send from this well to a waiting world tion, carefully crafted for the exigen- night should be to look to the well- will speak to real human loss, a loss of cies of our time. I pray for the peace of being of the United States, craft a pol- opportunity, a loss of promise, to the Jerusalem and for all the people that icy which is good for this country. And loss of Daniel. It has been said many live there. that policy can only be one which is times tonight, and I take my col- Mr. Speaker, the Palestinian Anti- good for Israel and for the Palestinian leagues at their word, that the State Terrorism Act sends a clear signal once people, one which is fair to all, one Department has said that this legisla- again that the United States will not which puts the United States as a tion is ‘‘unnecessary.’’ tolerate terrorism, and we take a crit- friend and an honest broker of peace to But let me say, as one of 435 Rep- ical stand at this moment in history in both parties where we can be so accept- resentatives in the United States advocating for meaningful reform to ed. House of Representatives, that the the very center of the Hamas charter. I world waits for the leadership of this salute my colleagues, both Democrat b 2015 Congress and this Nation, and they and Republican, for bringing this crit- To take some other course is simply wait for moral leadership that is clar- ical and moral legislation to the floor to assure continuing hardship and a

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H2999 continuing poisonous, hateful relation- If this legislation is signed into law we will Hamas. Having taken over the govern- ship amongst the parties in the area. lose once and for all the Palestinian people. ment of the Palestinian Authority, When this Congress realizes that and Our rejection of them will create one clear vic- Hamas has reiterated its commitment when we, this Congress and the others tor—the government of Iran. If we pass this to violence and the destruction of here, will recognize that that is the legislation, Iran will win by default. Instead of Israel. The charter of Hamas is quite way peace is achieved, then there will textbooks for Palestinian children being written clear about this. I have read that char- be a real prospect for peace. We can ex- by USAID they will be written by the Iranian ter time and time again. It is unaccept- pect that the Palestinians will receive Revolutionary Council. Schools will be built able, and it is the duty of all nations to the justice that they seek. We can ex- with Iranian oil money and our ability to influ- keep pressure on Hamas to renounce pect that the Israelis will achieve the ence peace will be weaker as a result. terrorism and recognize the State of security that they need and they want What I find so strange is that this legislation Israel. and they deserve and that we want is being championed by people who believe The resolution before us today is an them to have. themselves to be the staunchest supporters of effective and noteworthy vehicle for This legislation will do none of that. Israel. Mr. Speaker, in order to strengthen the Congress of the United States to This legislation promises further angry Israel peace needs to prevail in the region. In send this message. The United States men, more bitterness, more hate, more order to guarantee Israel’s survival the Pal- will not give assistance, financial or ill-will; and it assures that the thing estinians need to find prosperity and view the otherwise, to Hamas or any Hamas- which we must use to bring this miser- United States as a friend. This bill will only controlled entity. Terrorism cannot be able situation to an end, honest, honor- stymie those efforts. I ask my colleagues to tolerated. We will not treat this gov- able, face-to-face negotiation, will ei- vote no. ernment as legitimate as long as their ther not occur or will be moved many Mr. LANTOS. Mr. Speaker, I am very current dangerous policies and rhetoric years into the future. pleased to yield 4 minutes to the gen- remain in place. Think about it. The needs of Israel tleman from New Jersey (Mr. Many of us in the House are in favor are not served by this resolution. The PASCRELL), my good friend. of a peaceful, two-state solution to the needs of the United States are not (Mr. PASCRELL asked and was given Israeli-Palestinian conflict, but this served by this resolution. The needs of permission to revise and extend his re- will be unattainable while Hamas re- the Palestinian people are not served marks.) fuses to renounce terror. by this resolution. Mr. PASCRELL. Mr. Speaker, I We do not want to punish the Pales- Let us vote it down and get some- thank the ranking member. tinian people. We know that the over- thing which makes sense and which I am going to support this resolution whelming majority of Palestinians and serves the interests of all concerned. when it comes to a vote tomorrow. I the overwhelming majority of Amer- Mr. Speaker, I rise in strong opposition to want to take this opportunity, if I ican Palestinians and Palestinian the resolution on the floor. I oppose Hamas. I may, to speak about some of the issues Americans do not adhere to the de- oppose what they stand for. I oppose their use that have been raised during this very structive philosophy of Hamas. Hamas of violence, their targeting of civilians; their vi- important debate, very critical debate. must reject its charter which calls for sion for the Palestinian people; their rejection We have lowered our voices, really, and the destruction of Israel. Nothing less of Israel; and most of all I deplore their rejec- raised our commitment on all sides of is acceptable. tion of peaceful reconciliation. this issue. For all these reasons, and many more, I do The United States must encourage I represent one of the most diverse not think that Hamas is a true partner for the meeting between Israeli Prime districts in the United States of Amer- peace. But while Hamas may not be, the Pal- Minister Ehud Olmert and Palestinian ica. When I was mayor of the city that estinian people are. The vast majority of Pal- Authority Chairman Mahmoud Abbas, was the center of my district, estinians want peace. The vast majority value planned for next week, a very critical Paterson, where I have lived all my peace, follow the law, oppose violence—and time for this legislation, as an impor- legislation like this only hurts the vast majority life, Jews and Arabs and Muslims and tant way to keep a dialogue going be- we need for peace. Palestinians, we worked together, we tween the Israelis and the Palestinians. I understand the House’s desire to ostracize prayed together, and we still do. I will vote for this legislation be- Hamas. But I do not understand how we keep The conflict is very serious, we know cause I feel strongly that the loudest making the same mistakes by punishing the that. Building bridges is part of my message practicable must be sent to very people we all say we want to help. The bone marrow. You learn that when you Hamas. restrictions on aid in this bill will not hurt are a mayor. Mr. BLUMENAUER. Mr. Speaker, I Hamas, they will receive plenty of money from The conflict in Israel is the axis on yield 4 minutes to the gentlewoman Iran, but this will hurt the Palestinian people. which much of the Middle East and from California (Mrs. CAPPS). Under this bill assistance will be limited only much of the Middle East politics spins, (Mrs. CAPPS asked and was given to ‘‘basic health’’, a restriction we reject for al- but let us not forget that what we do permission to revise and extend her re- most every other nation. This bill would stop and say here has major implications marks.) economic development assistance, sanitation across the globe. This is true in the Mrs. CAPPS. Mr. Speaker, I thank assistance, environmental assistance—and Congress, as well as when the President my colleague from Oregon for yielding. most ironically, at a time when we are criti- speaks. Mr. Speaker, let me begin by paying cizing their choice of government—democracy The United States is strongly com- special tribute to Chairman HYDE. This assistance. mitted to the security of Israel as a may be his last year of service in this Make no mistake about it; their vote was to Jewish state. There is no question that House, but his legacy of trying to bring get back at our own repeatedly misguided at- our friend and ally has every right to peace to Israel and the Palestinians tempts to punish rather than cajole, to batter defend itself against those who oppose will live on for many years to come. rather than build trust, and to impoverish rath- freedom and democracy. Mr. Speaker, I must rise in opposi- er than to uplift. When we provided Mahmoud The record will show very clearly, tion to this bill. Abbas no deliverables and only hardships, it Mr. Speaker, that I have not put my Let there be no mistake, Hamas is a made Hamas’s promises hard to ignore. signature on every one of those pieces ruthless terrorist organization. Unless Our actions emboldened the Hamas, and of legislation over the past 10 years, Hamas recognizes Israel’s right to exist we are about to do it again. My friends, pas- but I think this is different. Many of and renounces terror, the Palestinian sage of this legislation will create yet another those pieces of legislation I think exac- Authority should receive no direct U.S. failed state and humanitarian catastrophe in erbated the situation in the Middle assistance. Direct aid to the Hamas- the Middle East. However, this one, unlike East. The ranking member and I have controlled PA has been cut off. The Iraq, will be surrounded by our staunchest ally talked about that many times. Not this basic goal of this bill has already been in that region. If we destabilize Palestine we time. This is a clear denunciation of accomplished. will destabilize Israel. If we help create chaos Hamas, an organization motivated by But H.R. 4681 goes well beyond this we weaken the chance for finding peace be- hate, not pride. objective. It is a punitive measure tween Israel and her neighbors—and even The world community harbors deep aimed at punishing the Palestinian threaten the very viability of the Jewish state. trepidation regarding the rise of people. It will undermine U.S. national

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H3000 CONGRESSIONAL RECORD — HOUSE May 22, 2006 interests. It will do nothing to carefully crafted and aimed at the ter- Hamas recognizes Israel’s rights to strengthen Israel security. rorist organization called Hamas. exist, renounces terrorism, agrees to I have two main objections with this I did not know, Mr. Speaker, when I abide by previous PLO and PA agree- bill. First, it places nearly insurmount- spoke about the 16-year-old young ments with Israel and the United able efforts to future U.S. efforts to en- American citizen who was killed by States, and does not have a member of gage Palestinians and Israel in peace- Hamas that he is the cousin of one of a foreign terrorist organization in a making. It lacks the normal Presi- our colleagues, and I would like to ex- senior policy-making position. dential national security waiver; and tend my condolences to my friend from And despite the prohibition of direct unbelievably, it would limit United Virginia who suffered this personal assistance, the bill includes exceptions, States diplomatic contact with mod- loss. as it should. For example, the Presi- erate, non-Hamas Palestinian officials. The avalanche of misrepresentations dent still may provide assistance for Why is this? These are the very leaders can only be ascribed to a sloppy read- nonsecurity expenses directly related who recognize Israel and who support ing of this legislation. It is extremely to facilitating a peaceful resolution of peace, and it makes absolutely no carefully crafted, and if, in fact, the the conflict. Furthermore, the bill re- sense for us to undercut them at this issue would not be as serious, I would stricts indirect assistance through non- critical time. find it ludicrous that some of the governmental organizations unless the Second, except for very limited cir- sharpest critics of the Bush adminis- certification described above is made cumstances, this bill will cut off hu- tration have suddenly found great af- by the President. manitarian aid to the Palestinian peo- fection for the Bush administration be- However, let me add, this provision ple at the very moment when a horren- cause, like all other administrations, it contains an unqualified exception for dous humanitarian disaster is looming. wants total flexibility. basic human health needs, such as The United States, our Quartet part- It is ludicrous that the most virulent food, water, medicine and sanitation ners, and Israel are all hard at work at critics of the Bush administration sud- services. I tell some of my friends, if present to avoid catastrophe and to de- denly find themselves in bed with the that were not in here, I would have res- liver assistance around Hamas to cred- Bush administration. This is, to say ervations, but those basic services are ible and transparent NGOs. H.R. 4681 the least, unseemly. fully excepted in this legislation. Mr. Speaker, this bill is, I think, goes in the opposite direction. Mr. Speaker, I yield 4 minutes to the measured and balanced and dem- I simply cannot see how denying gentleman from Maryland (Mr. HOYER), onstrates the refusal of the United chemotherapy treatment for Pales- the distinguished Democratic whip, my States to reward terrorists for ter- tinian children increases Israel’s secu- good friend. rorism. It should not be, and I think it rity or advances U.S. national inter- Mr. HOYER. Mr. Speaker, I thank is not, punitive as it relates to the Pal- ests. the gentleman for yielding. estinian people. It provides, as I said, Mr. Speaker, there is significant op- Mr. Speaker, I want to thank Mr. for health needs, food, water, medicine position to this bill in the pro-Israel LANTOS and Ms. ROS-LEHTINEN for and sanitation services. They are in community, and I highlight again, re- bringing this legislation to the floor. need of those services, and we ought to spected national groups like Americans The premise of this bill is eminently provide them. for Peace Now, Israel Policy Forum, reasonable, in my opinion, and one But what we ought not to do and and Brit Tzedek strongly oppose this with which the American people, I what we ought never to do is to give legislation. They tell us voting ‘‘no’’ on think, strongly agree. In short, the aid and comfort to terrorists or to ter- this bill is a pro-Israel vote. United States of America should not, rorist organizations or to terrorist gov- Groups like Churches for Middle East indeed it must not, provide assistance ernments. Because if we do so, that Peace and the Conference of Catholic to a government run by terrorists will encourage others to commit hei- Bishops, with decades of experience whose very policy and purpose is the nous acts of terrorism, as were done providing humanitarian relief, they op- destruction of another nation. here, as are done in Israel, and have pose it as well. All of us are concerned about the been done around the world. The State Department also opposes plight of the Palestinian people, who Mr. BLUMENAUER. Mr. Speaker, I the bill, calling it unnecessary and have suffered tragically for decades am pleased to yield 4 minutes to the criticizing its provisions as objection- under the leadership of Arafat and now gentleman from Illinois (Mr. LAHOOD). able. Hamas. (Mr. LAHOOD asked and was given On Wednesday, we will welcome I share those concerns. I have been to permission to revise and extend his re- Israeli Prime Minister Ehud Olmert to Gaza. I have been to the West Bank. I marks.) this Chamber. Yesterday, this is what have met with President Abbas and Mr. LAHOOD. Mr. Speaker, I thank he told his Cabinet: ‘‘We have no inten- other Palestinian officials, and I have the gentleman for the time. I think tion of helping the Palestinian govern- seen the deprivation, the frustration, this is not a carefully crafted bill. I ment, but I say we will render such as- and the lack of opportunity in the Pal- think this is, as much as I respect the sistance as may be necessary for hu- estinian territories. chairman and the ranking member, and manitarian needs.’’ He also dispatched I think there is not one of us on this I do respect the chairman, I have his top two ministers for a substantive floor who is not concerned about their known the chairman for the 20 years I meeting with Palestinian President plight, as we should be. However, our have been in politics, and I respect the Mahmoud Abbas. legitimate concerns for the Palestinian ranking member, but I think the ap- If this policy of shutting the door on people must not obscure the fact that proach that is offered in this bill is Hamas but opening it to Palestinian the Palestinian Authority is now con- what I would characterize as a meat- moderates and the Palestinian people trolled by Hamas, an organization des- axe approach. themselves is good enough for the ignated as a terrorist entity by the This does not help common ordinary Prime Minister of Israel, it should be United States and by the European citizens. What it does is it hurts com- good enough for the U.S. House of Rep- Union. No one here, I understand, mon ordinary citizens. There is no resentatives. stands to defend Hamas; but it is a other way around it. You can protest So I urge my colleagues to vote ‘‘no’’ movement that is committed to the de- as much as you want about Mrs. CAPPS on H.R. 4681. struction of another nation, in this and what she said, but she is right. Mr. LANTOS. Mr. Speaker, I yield case our ally Israel. Common ordinary citizens, common or- myself such time as I may consume. Mr. Speaker, I believe this balanced dinary Palestinians are going to be Before yielding time, I would like to legislation is warranted. hurt by this, because the funding is just say a word about the avalanche of going to be cut off for educational serv- misrepresentations which we have b 2030 ices, for health services, for the serv- heard on this floor. Among other provisions, it prohibits ices that these people need very badly. This legislation does not in any sense direct financial transfers to the Pales- And what we have now, it looks to provide any punishment for the Pales- tinian Authority. That is our policy: me like at least a couple hundred Sec- tinian people, just the opposite. It is until the President certifies that retaries of State, as reflected in this

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H3001 bill. Do you all know more than the like to yield half of my time to Mr. Israel. I support this bill because Secretary of State? Do you know more LANTOS, and ask unanimous consent Hamas has claimed responsibility for than the President? Do you think your that he be permitted to control that the murder of 26 American citizens. policy is better than the administra- time. Those American citizens include: David tion’s policy? Yes, you do. Well, I don’t The SPEAKER pro tempore. Is there Applebaum of Ohio; Nava Applebaum, happen to agree with that. I really objection to the request of the gentle- also of Ohio; Alan Beer of Ohio; Marla don’t. woman from Florida? Bennet of California; Benjamin And I ask Members, I may be the There was no objection. Blutstein of Pennsylvania; David Boim only Republican to vote against this. I Ms. ROS-LEHTINEN. Mr. Speaker, I of New York; Yael Botwin of Cali- am obviously going to be the only Re- yield such time as he consume to the fornia; Dina Carter of North Carolina; publican to speak against it, but I ask gentleman from Illinois (Mr. KIRK). Janis Ruth Coulter of Massachusetts; Members who representat large Arab Mr. KIRK. Mr. Speaker, I thank the Sara Duker of New Jersey; Matthew populations in their districts to think gentlewoman, the chairwoman of our Eisenfeld of Connecticut; Tzvi Gold- about this. This hurts the Palestinian committee, and I want to applaud her stein of New York; Judith Greenbaum people. There is no other way to put it. and Congressman LANTOS, two Mem- of New Jersey; David Gritz of Massa- And I do not know why you are doing bers who cut through the partisan ran- chusetts; Dina Horowitz of Florida; Eli this. In the name of protecting Israel? cor of this institution to act with clar- Horowitz of Illinois; Tehilla Nathanson I just think this is a bad idea, and I ity against murderous intolerance. of New York; Malka Roth of New York; don’t understand why it is being done. Mr. Speaker, we sometimes may ask Mordechai Reinitz of New York; I would say this: The new prime min- the question: If I was alive in 1939, Yitzhak Reinitz of New York; Malka ister of Israel is in this country. In a what would I have done? If I was alive Roth of New York; Leah Stern of New day or two, he will be walking down in 1939, would I have recognized the Jersey; Goldie Taubenfeld of New York; this middle aisle. And if he were able to coming danger to America? If I was Shmuel Taubenfeld of New York; vote and have a card that would allow alive in 1939, would I have seen the Nachshon Wachsman of New York; Ira him to vote as he walks down, he would seeds of genocide? But we do not live in Weinstein of New York; and Yitzhak vote against this bill. He has recog- 1939. We live in 2006, and many of the Weinstock of California. nized that it is a bad bill. And if he had dangers we see today have parallels in My colleague from New York talked the opportunity to put his voting card history. about the common people that this as he walks down, he would vote Across the sea now, there is an intol- would hurt. Common Americans have against it, as would a large part of this erant dictator rising who says that one been killed by Hamas, and their blood administration. Why? Because it hurts Holocaust is not enough. The people in is on the fingers of Hamas leaders. It is common ordinary people. That is why. Israel rightly fear a new intolerant Is- time for us to call it as we see it: intol- If you are going after Hamas, go after lamic mullah who might say that an- erant murderous leaders, people who in them, but don’t restrict the funding other 6 million should be murdered. other uniforms at other times we have that helps people. The reason that The Iranians have many allies in the seen before; and for us to cut off their Hamas won the election is the Pal- world. None of their allies are better funding, to say that the only Hamas estinians didn’t have the right people than Hamas, leaders trained by ty- moderate is a Hamas radical out of on the ballot and didn’t work the bal- rants, funded by murderers and utterly money and bullets, and for us to say lot in order to do it. And Hamas has clear in their political program. One of that we wish this government, this gone out into those communities and the lessons of history is that dictators Hamas government to fail, that in its provided services, and they have en- say what they are going to do and then place a more moderate government deared themselves to the Palestinian do what they said. And Hamas has told will rise, and at that time, it will be people while the leadership of Pal- us that they are for killing innocent ci- the time for the United States to sup- estine has been pocketing a lot of vilians, and they have done that. They port it and not a minute before that. money. That’s the reason they won the tell us that they support international And I want to take one more per- elections. They ran better elections. terrorist attacks, and they have done sonal privilege to say to the gentleman But why fault the people for that? And that, too. Hamas has told us that they from California, Mr. LANTOS: Thank why take this kind of funding away wish to drive our democratic allies in you. Thank you for your leadership. from common ordinary citizens? Israel into the sea, and we cannot let Thank you for your history. And thank Now, for all of you that come out on them do that. you for cutting through all of the rhet- this floor all the time and talk about Democracies are best when they de- oric and giving us clear direction to what we should be doing and what we fend each other, and the best way to use your eyes and your experience to are cutting and what we are not cut- defend our allies is to support mod- teach us of how the past can inform the ting, this is an opportunity to say to erate Arabs willing to join in peace. So future so that it does not happen again. common ordinary citizens in Palestine: we did that. The United States, the Mr. BLUMENAUER. Mr. Speaker, be- We care about you. We care about your Congress, this House over the last fore I recognize the gentleman from health care. We care about education. many fiscal years, provided hundreds of Ohio, I would yield myself 5 minutes, We care about your opportunity for millions of taxpayer dollars to support because I have been sitting here re- jobs and to really be able to do the moderate Arabs. flecting on my good friend from Cali- things you want to do. We in this House funded the rise of fornia’s comments about people who But if you vote for this, we say: The Yasir Arafat. We created the Pales- suddenly are the best friend of the ad- heck with you. We care more about tinian Authority. We embraced the in- ministration who have been critical of sending a message to Hamas leadership effective government of Mahmoud them. than we do about the people of Pal- Abbas. And each of these efforts, at a Well, I have only been here 10 years, estine. I think that is what the mes- cost of hundreds of millions of tax- not as long as my distinguished friend, sage is. This will not hurt the leader- payer dollars from the United States, but one of the things I have tried to do ship of Hamas. It will not. Because have failed. And so now we see Hamas with Republican and Democratic ad- they are going to have the money and taking power, a Hamas that what it ministrations alike, when it comes to the resources that they need, and they does not get politically is taking mili- foreign policy, is to attempt to be sup- will say what they want, but it will tarily. Yesterday, Hamas tried to as- portive when I agree but to be clear hurt common ordinary people. sassinate a top key official who works that when I disagree, when I think they Vote ‘‘no’’ on this resolution. for President Abbas. A civil war is are wrong, to stand up. Ms. ROS-LEHTINEN. Mr. Speaker, I breaking out on the West Bank because I take a back seat to no one in terms ask unanimous consent that debate on Hamas does not have enough power yet of my opposition to this administra- this matter be extended by 60 minutes, and is willing to kill anyone in their tion’s reckless conduct in Iraq. I have equally divided. Perhaps the opponents way. been consistent on that from the begin- of the bill would have an opportunity Mr. Speaker, I do not support this ning. One of the concerns I had about to read the legislation. And I would bill just because I support our allies in this administration was their disdain

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H3002 CONGRESSIONAL RECORD — HOUSE May 22, 2006 for nation-building. You will recall the wants flexibility. They do not want regrettable. It is imperative that the inter- rhetoric of then Governor Bush. congressional restraints. national community (including the U.S.) But part of our obligation as Mem- Our legislation provides for re- make a concerted and coordinated effort to bers of this chamber is to be supportive straints because we are a co-equal pressure Hamas. However, H.R. 4681 rep- resents a case of Congress using a blunt in- when we can. Because in the conduct of branch of government, and we wish to strument where a surgical tool is needed. In foreign policy, it would be nice if it did express the policies that we want to see doing so, the bill risks undercutting such ef- stop at the water’s edge. I appreciate our government pursue. forts, harming U.S. national security, and that the administration has changed To claim that on this issue the ad- undermining those Palestinian officials and its position on nation-building and has ministration should have total flexi- activists who recognize Israel, reject terror, actually requested more assistance bility is contrary to the interests of and support a two-state solution to the than it looks like this Congress is the Congress as a body. Israeli-Palestinian conflict. going to give them for foreign aid. Mr. BLUMENAUER. Mr. Speaker, to This legislation is fundamentally flawed respond to my distinguished colleague, and deserves to be rejected by the House. b 2045 nowhere here have I said I want the ad- APN urges Members—including those who When they were willing to work with have cosponsored and/or plan to vote for the ministration to have unrestrained measure—to speak out on the House floor us in water and sanitation, I embraced flexibility. Not once. And I am not ex- and submit statements for the record draw- that. I think we should reinforce posi- pressing delight that we are on the ing attention to the many serious problems tive things that we can agree on. That same side. with H.R. 4681. is what the American public wants. I What I said was when I find I am in APN talking points on H.R. 4681: do not think we should be reflexive and agreement, I look forward to ways to H.R. 4681 unnecessarily risks U.S. national negative. work with them. When I see them move security. The U.S. can maintain a tough line The administration has raised a le- in directions I wish they had done with against Hamas without compromising our gitimate concern about flexibility, Afghanistan and Iraq, for heaven’s own national security or unreasonably tying about being able to implement it, and the President’s hand in the conduct of for- sake, I am going to move in this direc- eign policy. Rejecting terrorism is not in- these are consistent with Republican tion with the stakes so high. With all compatible with ensuring that U.S. national and Democratic administrations in the due respect, it is not a question of giv- security interests remain the primary con- past in terms of not wanting sanctions ing unlimited flexibility to the admin- cern of U.S. foreign policy. to go on forever and wanting to have istration. I have never said that, am H.R. 4681, however, irresponsibly and un- the flexibility to respond, not after 25 not interested in it. necessarily subjugates U.S. national security days of consultation according to very, There is a framework here in terms interests to political grandstanding. It does narrow little channels, but to be able of the sanctions that we are talking so by eliminating the President’s authority to act responsibly to practice diplo- about, things like extending beyond to waive sanctions in the interests of U.S. national security—a waiver that is a stand- macy. the narrow definition of health to deal ard component of virtually all U.S. sanctions The history of this House of Rep- with humanitarian assistance and envi- legislation. This waiver, which has only rare- resentatives is not very illustrious ronmental cleanup. There are a whole ly been invoked, represents minimal flexi- when it comes to many of these ques- host of things that could have been bility for the President to waive sanctions tions. Congress has sort of flitted dealt with here in the ambit of this leg- on assistance when U.S. national security in- around and has been subjected to the islation. terests are at stake. It is unfathomable that pressures of the moment and has not I share with my good friend an inter- Congress would decide that, in the wake of always been a constructive ally. est in having this administration be the Hamas election, the President no longer As we know, this House passed a more accountable to Congress and needs or can be trusted with such authority. Indeed, it is not difficult to imagine sce- draft by only one vote immediately be- come forward and answer our ques- narios under which U.S. national security fore World War II. Lots of simple, com- tions. I would like oversight about might clearly call for direct, quick assist- monsense straight-ahead solutions that what is going on in Iraq and what is ance—for instance, following new Pales- we have been involved with have not going on in Afghanistan. Heaven knows tinian elections or in the wake of a natural always been the best and most care- I would. disaster. Moreover, the Bush Administration fully crafted. But that does not mean that we has already put in place tough new restric- I come forward not being a fan of this ought to have unnecessarily restrictive tions on aid to the Palestinians, clearly indi- administration in many areas, in many and burdensome activities that are cating the uncompromising stance this Ad- ministration is taking in response to the areas, but in this one, as I listen to going to work against what I think are Hamas victory. APN urges Congress to de- them, as I look at the requested flexi- the interests of the Israeli people, the mand that a real national security waiver be bility, as I look at independent experts, Palestinians and citizens of the United added to this bill, enabling the President to as I hear from religious leaders back States. waive the various sanctions if he deems it to home and the National Conference of Mr. Speaker, I yield 5 minutes to the be in the national security interests of the Catholic Bishops, I see a wide range of gentleman from Ohio (Mr. KUCINICH). U.S. to do so. people that support the concerns that (Mr. KUCINICH asked and was given H.R. 4681 risks undermining Palestinian the administration share with us. permission to revise and extend his re- moderates and strengthening extremists. In marks, and include extraneous mate- response to the Hamas victory, we should Mr. LANTOS. Mr. Speaker, will the seek to strengthen those Palestinians who gentleman yield? rial.) Mr. KUCINICH. Mr. Speaker, I thank reject violence, recognize Israel, and support Mr. BLUMENAUER. I yield to the a two-state solution. In doing so, we put gentleman from California. the gentleman for yielding me this pressure on Hamas to reform, and we Mr. LANTOS. I appreciate my good time, and I include for the RECORD a strengthen those Palestinians who, we hope, friend yielding, and allow me to point statement by Americans for Peace Now will replace Hamas if it fails to reform. out the fatal flaw in your logic. We are relative to H.R. 4681 and also a state- H.R. 4681, however, undermines these posi- not discussing the fact that some of us ment by Brit Tzedek v’Shalom, the tions and the Palestinians who hold them, by occasionally support the administra- Jewish Alliance for Justice and Peace. providing no political horizon for an alter- native leadership to strive to reach. Under tion, and you just expressed great de- [From Americans for Peace Now] this bill, the PA—even if replaced by more light that on this issue you find your- H.R. 4681: GRANDSTANDING ABOUT PALESTIN- welcome leadership—will likely be unable to self on the side of the administration. IANS, AT THE EXPENSE OF U.S. AND ISRAELI meet the reform requirements in the short- The issue logically is flexibility. The INTERESTS. or medium-term, especially outside the con- people who have criticized this admin- Tomorrow the House is expected to sus- text of progress towards a peace agreement. istration most vigorously over the pend the rules and take up H.R. 4681, the Thus, even if new elections were held and years have claimed that the adminis- ‘‘Palestinian Anti-Terrorism Act of 2006.’’ won by a different party, all sanctions would tration is riding roughshod over the This legislation would impose sweeping sanc- remain in place until the other reform re- tions against the Palestinians in response to quirements had been met. APN urges Con- Congress, not asking for more flexi- the victory of Hamas In the January Pales- gress to demand that a ‘‘sunset clause’’ be bility. This is a spurious argument. tinian legislative elections. added to H.R. 4681, providing a political hori- This is a phony argument. This admin- Hamas’ victory in the elections for the zon for moderate, reasonable Palestinian po- istration, as do all administrations, Palestinian Legislative Council (PLC) was litical leaders and activists, and sending a

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H3003 signal of real support and hope to the Pales- APN urges Congress to reject this bill’s velop Palestinian civil society. A humani- tinian people. [A sunset clause is like an ‘‘ex- misguided effort to attack the UN, especially tarian crisis in the Palestinian territories piration date’’ for legislation, stipulating a at a time when Israel is asking the UN to will only increase support for extremism, date or event after which Congress will ei- play a greater role in providing services to thereby endangering Israel and further de- ther let the legislation lapse, renew the leg- the Palestinians. This attack has nothing to stabilizing the region. islation, or amend it in some way.] do with the Hamas election or UN activities H.R. 4681 restricts US diplomatic relations H.R. 4681 loses sight of the real priorities. in the West Bank and Gaza, and instead risks by prohibiting visas and travel (with limited H.R. 4681 seeks to precondition U.S. relations sending the message that the real goal of waivers) for all members of the PA and the with the PA—and impose sweeping sanc- this bill is to assail Palestinians in every PLO regardless of whether or not they have tions—based on the demand that the PA possible forum. APN is the premier Jewish, connections to Hamas. In this respect, the meet a list of requirements that include Zionist organization working to enhance bill prevents the US from fully engaging and wide-ranging reforms unrelated to the elec- Israel’s security through peace. APN believes bolstering moderate Palestinian leaders, tion of Hamas. Important as these reforms that strong U.S. leadership is the best hope such as President Mahmoud Abbas, who rec- may be, neither the U.S. nor Israel has ever for reducing Israeli-Palestinian violence and ognize and support peace with Israel. Exist- considered them a prerequisite for engaging bringing about a political process that can ing US law already forbids members of with the PA (or, for that matter, the PLO, eventually pave the way for security and Hamas and other foreign terrorist organiza- Jordan, or Egypt, in the context of their peace for Israelis and Palestinians. tions from obtaining visas or having diplo- agreements with Israel). Adding these re- matic relations with the United States. forms as preconditions for engagement loses Brit Tzedek v’Shalom—Jewish Alliance for As American Jews, we share profound dis- sight of real priorities—like saving lives— Justice and Peace may at the election of Hamas to the Pales- and undermines the incentive for the most Brit Tzedek v’Shalom urges representa- tinian Authority. Yet in this challenging critical demands to be taken seriously. For hour, we urge you to maintain a cautious ap- example, under this bill, if Hamas renounced tives to vote no on H.R. 4681. Brit Tzedek v’Shalom, the Jewish Alliance for Justice proach to the new Palestinian government, terror, changed its charter, acted decisively so as to preserve the future possibility of against other terrorist organizations, dis- and Peace, is the nation’s largest Jewish grassroots peace organization with a net- bringing Israelis and Palestinians back to armed its own militants, and recognized the negotiating table—which is the only Israel, but had not yet made substantial work of over 34,000 supporters who are com- mitted to Israel’s well-being through a nego- path to achieve true peace and security for progress toward replacing all textbooks with both peoples. ‘‘materials to promote tolerance, peace, and tiated two-state resolution of the Israeli- Palestinian conflict. Vote No on H.R. 4681. coexistence with Israel,’’ all sanctions would Mr. KUCINICH. I want to extend my remain in place. APN urges Congress to re- H.R. 4681, the Palestinian Anti-Terrorism ject preconditioning U.S. relations with the Act of 2006, fails to serve the long-term in- condolences to the family of our col- Palestinians on requirements that are unre- terests of either the United States or Israel. league Mr. CANTOR and also thank Ms. lated to the specific issues raised by the Despite improvements over the original ROS-LEHTINEN for her leadership and Hamas election; rather, Congress should set version, H.R. 4681 weakens moderate pro- her commitment to attempting to cre- peace Palestinians and emboldens extrem- focused, meaningful performance bench- ate peace, as well as to speak directly marks. ists, ties the President’s hands in dealing with emergency security crises, and dras- to my dear friend, Mr. LANTOS. H.R. 4681 loses sight of U.S. strategic inter- I think it is fair to say Israel has no ests. A serious response to the Palestinian tically cuts critical US assistance to the Pal- elections should clearly target Hamas and estinian people. While there is international greater champion in the Congress, and its control of the Palestinian Authority. Ef- consensus that Ramas must renounce ter- the American people have no greater fective sanctions should clearly differentiate rorism, recognize Israel, and abide by all pre- champion for human rights than Mr. such targets from, for example, elected mem- vious agreements, this legislation goes well LANTOS. His escape from the Holocaust bers of the Palestinian Legislative Council beyond those demands and undermines the is a story worthy of being taught in all (PLC) who are not affiliated with Hamas or U.S. role in bringing Israelis and Palestin- of our schools. any other terrorist organization—political ians back to the negotiating table towards the end of achieving a two-state resolution I am here to ask: Is the past pro- leaders and activists who, running on plat- logue? Is war and violence inevitable, forms that included rejection of terror, rec- of the conflict. ognition of Israel, and support for a two- Specifically, H.R. 4681: Obstructs a return or do we have the ability to create a state solution, beat Hamas candidates in the to negotiations. H.R. 4681 requires an impos- new future where nonviolence, peace January election. sible-to-achieve Presidential certification, and reconciliation are possible through However, H.R. 4681 not only fails to distin- composed of an overly extensive number of the work of our own hearts and hands? guish between Hamas and the PA, and the requirements, in order to bypass the bill’s I would not take issue with my friend non-Hamas members of the PLC, it explic- many sanctions. This standard of certifi- Mr. LANTOS’ informed experience, and I itly defines the PA as including the entire cation goes well beyond the Quartet’s de- join him in defense of Israel’s right to PLC—extending sanctions to longtime sup- mands, setting unprecedented preconditions porters of peace with Israel (like PLC mem- for U.S. engagement with the Palestinians. survive. Mr. LANTOS is my brother. The ber Salam Fayyad). Moreover, the bill in- Because these demands are unachievable in Israelis are our brothers and sisters. cludes extraneous sanctions that, while os- the near term or outside the context of a The Palestinians are our brothers and tensibly aimed at Hamas, will in fact have peace process, they prevent a return to nego- sisters. When our brothers and sisters zero impact on Hamas, but only serve to tiations and provide little incentive for are in conflict, when violence engulfs punish Palestinians who recognize Israel and Hamas to moderate its stance towards Israel. them, it is our responsibility to help reject terror, and make it difficult or impos- Without the Presidential certification, our brothers and sisters end the vio- sible for the U.S. to talk to them. These in- whose requirements as noted above are near- lence, reconcile and fulfill the biblical clude restrictions on visas (Hamas members ly impossible to meet, this bill prohibits all are already barred by law from obtaining direct aid to the Palestinian Authority (PA), injunction to turn hate to love, to beat visas), limits on freedom of movement for of- with the small exception of a very limited swords into plowshares and spears into ficials of the PLO in the U.S. and sanctions Presidential waiver for funds to support pruning hooks. on PLO representation in the United States independent elections and the peace process. These are universal principles that (Hamas is not a member of the PLO a group Current law already forbids direct U.S. fund- speak to the triumph of hope over fear. that recognizes and has signed agreements ing to the PA but allows the President much We must call upon Hamas to renounce with Israel), and an entirely superfluous at- broader discretion in waiving this prohibi- terror. We must call upon Hamas to tack on the United Nations that does not tion in the interests of national security. disavow any intention for the destruc- even make the pretense of having anything Limiting this waiver undercuts the Adminis- to do with Hamas. In the interests of U.S. tration’s ability to offer the PA incentives in tion of Israel. national security, including our concern for addition to sanctions or to respond to unex- This ought to be a principle of nego- Israeli security, it is vital to open the door pected security or humanitarian crises. tiation with Hamas, not separation for dialogue and engagement with alter- At a time when the UN is reporting an im- from the aspirations of the Palestinian native leaders and representatives of the pending humanitarian disaster in the West people to survive. Palestinians. APN urges Congress to reject Bank and Gaza, H.R. 4681 restricts U.S. as- I think we can speed the cause of provisions of this bill that will have no real sistance to the Palestinian people delivered peace by calling upon Israel to accept impact on Hamas—except, perversely, to through non-governmental organizations the Palestinians’ right to self-deter- strengthen them while undermining mod- (NGOs). While the bill makes a small exemp- mination and economical survival and erate Palestinian political leaders and activ- tion for ‘‘basic human health needs,’’ it still ists, and making it more difficult for the creates onerous pre-notification require- humanitarian relief, for food, medical U.S. to engage with alternatives to a Hamas- ments for all other NGO assistance to the care, for jobs. led government, like President Mahmoud Palestinian people. These NGOs address I ask, how can we arrive at a two- Abbas or the PLO. pressing humanitarian needs and help de- stage solution if we attempt to destroy

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H3004 CONGRESSIONAL RECORD — HOUSE May 22, 2006 one people’s government’s ability to to this measure by good intentions, not afford to send that message, even provide? A two-state solution, I be- false claims and by shrill prophecies of in the smallest, most unintentional lieve, can be achieved with our mutual, doom. way. thoughtful patience and support. A ‘‘no’’ vote on this bill will not ben- Let us recall for a moment just what At a time when the U.N. is reporting efit the Palestinian people. Read the the international community has de- a pending humanitarian disaster in the bill. The bill already allows humani- manded of Hamas, three words. All West Bank and Gaza, I believe this leg- tarian aid to flow under congressional Hamas has to do is to say three words: islation would restrict U.S. assistance scrutiny. And with the President’s Israel, peace and agreement. Israel, to the Palestinian people delivered judgment, it can continue to go to non- Hamas has to accept the existence, just through nongovernmental organiza- governmental groups. the existence, of a U.N. member state. tions. We know that, today, up to 80 A ‘‘no’’ vote will not benefit Pales- percent of all Palestinians, particu- tinian President Mahmoud Abbas. The Peace, that there has to be two states larly in parts of the Gaza strip, live at bill already creates a clear opening to for two people and that they will live or below the poverty line. Unemploy- keep him relevant and involved to be- side by side in peace and agreement. ment stands at 53 percent of the total coming a channel for pursuing peace. Hamas has to accept the resolution of workforce. A ‘‘no’’ vote will not support the the conflict, which will only be Just as I join my good friends on peace camp in Israel. Israelis just went achieved by peaceful means and that both sides of the aisle in speaking out to the polls and put Prime Minister agreement will be honored. against violence against Israel, I object Olmert into power with a government This is not a difficult list, three in the strongest terms to any measure that strongly supports congressional words. Hamas could win the inter- that will increase the humanitarian efforts to sanction and block assistance national community over. Hundreds of crisis of the Palestinian people. It is to the Hamas-led Palestinian Author- millions of dollars would begin to flow true that the recent Palestinian legis- ity. to the Palestinian people. Salaries lative elections have created a tense could be made, projects could be start- b 2100 situation in the international commu- ed, roads could be built, schools could nity. It is a situation that demands I sat here in amazement as my good be constructed. Before you say no, thoughtful and deliberate action in friend from Illinois (Mr. LAHOOD) said those few people in the House who will, pursuit of peace. Despite the best in- things that were absolutely unbeliev- ask yourself why they will not say tentions of those who wrote this legis- able. The politician people, what do those three words. Why won’t they? they have to do with Hamas? Duh. lation, I do not believe this legislation The answer is that Hamas thinks They elected them. will advance peace between the Pales- that their religion forbids it. They be- Elections have consequences. People tinian and the Israeli people. lieve that they are engaged in a holy have to live with that. They can’t elect There are people in this Congress of war that can only be resolved with the a terrorist government whose purpose goodwill and good intention who want destruction of Israel and the Jewish is to destroy another people and then to see both the Palestinian people and people and to put their population in say they have nothing to do with it. the Israeli people survive. Let us con- exile or subjugation. tinue to work towards that end. That makes no sense at all. A ‘‘no’’ Mr. LANTOS. Mr. Speaker, I am very vote will not impress our allies in the There can be no compromise, accord- pleased to yield 10 minutes to the gen- Quartet either. The United States and ing to them, of their view. Cease-fires, tleman from New York (Mr. ACKER- other members of the Quartet remain temporary borders, negotiations for MAN), my good friend and a distin- in lock-step in rejecting any funding Hamas or just way stations on their guished senior member of the Com- for the Hamas-led PA and are working, path to the ultimate destruction of mittee on International Relations. as this bill does, to find alternative ap- Israel and the Jewish people. They will Mr. ACKERMAN. Mr. Speaker, I proaches to assist the Palestinian peo- not waiver, and we must not waiver. want to thank Ms. ROS-LEHTINEN and ple, and that is who we intend to help. Hamas has made clear again and the chairman of the subcommittee for For someone to say that the Prime again that they will not be held an- bringing this measure to the floor. Minister of Israel is going to walk swerable for the hundreds of innocent As for Mr. LANTOS, the distinguished down this aisle, and if he had a voting civilians they slaughtered with bombs. ranking member, I have to say I abso- card would vote for Hamas is an ab- They will not be held accountable for lutely marvel at his eloquence in the surdity. It defies the imagination. their overt racism and vile anti-Se- opening statement that he made. It is one of the many things that op- mitic bigotry. They will not be pun- The very fact that he is, is impor- ponents of this legislation carefully, ished for all the times they shatter the tant. The very fact that he is and is carefully constructed, have been saying fragile peace or destroy a nascent here is proof positive that if people of mischaracterizing this bill. If you trust. goodwill are determined to stand up to think that the Prime Minister of Israel All they have to do is say those three the forces of evil, that the forces of would vote to give aid to Hamas, then words. A ‘‘no’’ vote tells them they good can win out, and not unless that you must be on another planet, and don’t have to. A ‘‘no’’ vote says hold happens. you should vote ‘‘no.’’ fast. A ‘‘no’’ vote reassures them that And those forces of evil, whether A ‘‘no’’ vote will do only one thing. It they will not have to say Israel, peace they be called the Nazi Party or the will give hope to the terrorist Hamas. and agreement. Hamas Party, each of which came to It will give them hope that the wall of power in uncontested democratic elec- opposition in the West is cracking. It Until they do, we must assure that tions, each of which have in common will give them hope that their embrace they bear the full brunt of responsi- the destruction of an entire people and of terrorism will not have to be aban- bility forever the condition of the Pal- were uncompromising in their attitude, doned in order to govern. It will give estinian people. Not a humanitarian in their philosophy, in their belief; how them hope that support for Israel is crisis, but a firm sanction of the do we compromise with the notion of not as strong as it seems. It will give United States against the government administrations and evil forces whose them hope that with tenacity and will born of terror, bred on violence, and goal is the destruction of another peo- their terrorist objectives will succeed. bound for ruin. Contrary to this lead- ple? Where do you begin to compromise No Member of this House wants to ing report, this bill absolutely cannot unless they denounce those goals, send that message. No Member of this and will not be used to deny humani- which has not happened in either case? House supports Hamas. But make no tarian aid. Mr. Speaker, with 295 cosponsors of mistake. A ‘‘no’’ vote will be used The bill will not allow, with proper this bill, there is not really much of a again and again to show that the path oversight, the Presidential confirma- question about how the House is going of Hamas is correct and that com- tion that it serves our national secu- to act. The bill will pass overwhelm- promise will come only from the West, rity interest, continued assistance ingly. The only question is how many and there is no price to be paid by through properly screened and audited Members will be lured into opposition those who espouse terrorism. We can- nongovernmental organizations. The

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H3005 bill provides a clear channel for Presi- H.R. 4681 subjugates U.S. national se- estinian reformers by denying democ- dent Mahmoud Abbas to show our con- curity interests to political grand- racy. No, quite the opposite. That it tinued appreciation for his vocal sup- standing. It does so by eliminating the has unbearable roadblocks to non- port for the peaceful two-state solu- President’s authority to waive sanc- government organizations to provide tion. This bill constitutes a carefully tions in the interests of United States assistance to the Palestinian people. crafted balance. national security, a waiver that is a Absolutely not. Some wanted it stronger; others standard component of virtually all The bill requirements are to ensure wanted it more flexible. But the bill is U.S. sanctions legislation. that humanitarian aid goes to the in- strong enough to prevent American H.R. 4681 risks undermining Pales- tended recipients for the intended pur- money from subsidizing a government tinian moderates and strengthening ex- poses, oversight. The United States run by terrorists and flexible enough to tremists by providing no political hori- must make it unambiguously clear allow the administration to engage zon that an alternate Palestinian lead- that we will not support such a ter- with Palestinians who are willing to ership can strive to reach. rorist regime, that we will not directly seek peace. H.R. 4681 preconditions U.S. relations or indirectly allow American taxpayer Members will have a choice. Let the with the Palestinian Authority and im- funds to be used to perpetuate the lead- perfect be the enemy of the good, and poses sanctions based on criteria that ership of an Islamic jihadist group that in doing so undermine the peace they are unrelated to the issues raised by is responsible for the murder of hun- seek, or stand firm against doing busi- the Hamas elections, and 4681 makes it dreds and the wounding of scores of in- ness as usual with a governing entity more difficult for the United States to nocent Israeli civilians, of U.S. citizens controlled by a terrorist organization. engage with alternatives to a Hamas- and other foreigners throughout the I know some Members are conflicted. led government like President years. There have been mixed signals, even Mahmoud Abbas or the PLO. This pro- It has been almost 4 months, Madam misleading information about this leg- posal, unfortunately, is itself extreme, Speaker, since this Islamic jihadist ex- islation. I want to be perfectly clear. and as such, I believe, would do no tremist won a majority of seats in the The pro-Israel vote is ‘‘yes.’’ The pro- good. Palestinian parliamentary elections. Palestinian vote is ‘‘yes.’’ The pro- Rather, it will strengthen the posi- We have made our conditions clear, but peace vote is ‘‘yes.’’ The pro-engage- tion of extremists and increase the vio- Hamas’ commitment to bloodshed has ment vote is ‘‘yes.’’ I thank the House lence and destruction which has be- remained unabated. for their attention. come more prevalent as the result of Mr. BLUMENAUER. Madam Speaker, b 2115 the expression and implementation of as I yield the gentleman from New policies such as those contained in H.R. Hamas’ leaders have expressed their York 4 minutes, I would give myself 30 4681. support for rockets being launched seconds to make two observations. I believe that we should defeat this from Gaza into Israel, and stated that One, there will be no aid to Hamas, proposed legislation and instead focus the recent attack, a bombing that whether this bill passes or not. It is on something that would be more pro- killed nine innocent people and wound- against United States law to give as- ductive to achieve the kinds of solu- ed 60 at a Tel Aviv restaurant, was sistance to a terrorist organization. ‘‘justified.’’ Their words, not mine. Second, I would reference the exact tions that we need to the problems Since the elections, the leaders of language of the word where the exemp- that exist in the Middle East. Hamas have officially expressed their tion is assistance to meet basic human Ms. ROS-LEHTINEN. Madam Speak- refusal to change a single word in its health needs, not broad humanitarian. er, I yield myself such time as I may charter. Their hate-filled covenant is The language of the bill is actually consume. Hamas’ most valued document. It fo- quite clear. Madam Speaker, Hamas’ political Madam Speaker, I yield to my friend, victory in the January election pre- cuses on killing Jews and destroying Israel. Mr. HINCHEY, for 4 minutes. sented an opportunity for this Islamic Mr. HINCHEY. Madam Speaker, I jihadist group to lay down its arms, to I would like to read some of the want to express my appreciation to the renounce terrorism, to recognize the words that are included in the charter gentleman from Oregon for yielding me State of Israel, and to dismantle its of Hamas and that accurately depict this time. militant infrastructure, to become an the group’s violent views: ‘‘The time of I also want to express my admira- entity that could lead the Palestinian Muslim unity will not come until Mus- tion, respect and affection for the gen- people to peace, to prosperity, to secu- lims will fight the Jews and kill them; tleman from California, who is the rity with the Jewish nation. until the Jews hide behind rocks and sponsor of this legislation. But I do dis- But, unfortunately, much like its trees, which will cry, ‘O Muslims, there agree with him on the effects that this predecessor, who never missed an op- is a Jew behind me. Come on and kill legislation would have. portunity to miss an opportunity, him.’’’ I am a strong supporter of the State Hamas has instead continued its vio- The Islamic extremists running the of Israel. As such, I believe it is impor- lence, has aligned itself with pariah Palestinian Authority have made it tant to maintain independent and prin- states and with state sponsors of ter- very clear, crystal clear, that they do cipled positions on Middle East issues. rorism that seek to extend their ex- not intend to moderate their vicious I believe that that requires a ‘‘no’’ vote tremist, hateful ideology throughout views nor seek a peace agreement with on resolution 4681. the region and, indeed, throughout the Israel. They may speak of a long-term Hamas’ victory in the elections for world. Hamas has chosen to dedicate cease-fire, but this is only a temporary the Palestinian legislative council was its resources and its energy to sup- means to regroup and rearm for yet indeed regrettable, and Hamas govern- porting continued terrorist attacks more terrorism. ment’s failure to condemn, much less against Israel rather than to helping A two-state solution envisioned and take steps to prevent acts of terrorism the Palestinian people. proposed by the Quartet is not part of is abhorrent. It is appropriate that the It is its choice, so Hamas can spend Hamas’ agenda, because it runs con- international community, including, of its money on suicide and homicide at- trary to the core principles of this ter- course, the United States, make a con- tacks; but it is up to the United States ror group that says, ‘‘The land of Pal- certed and coordinated effort to pres- to support and provide for the needs of estine from the river to the sea is con- sure Hamas. the Palestinian people. It is our respon- sidered an Islamic endowment, and no However, H.R. 4681 risks undermining sibility, instead of Hamas’. Muslim has the right to cede any part such efforts, harming United States na- Previous speakers in opposition to of it.’’ tional security and undermining those the bill have said, Madam Speaker, So our actions here tonight and the Palestinian officials and activists who that this bill will deny chemotherapy vote tomorrow must be clear and it do recognize Israel, who do reject ter- to cancer victims. It is preposterous; it must be firm. We must work toward ror, and who do support a two-state so- does not. That it would hurt the com- eradicating such Islamist jihadist ha- lution to the Israeli-Palestinian con- mon Palestinian citizen. No, it does tred and the extremist ideology that flict. not. That it would undermine the Pal- feeds it, or we will compromise our own

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H3006 CONGRESSIONAL RECORD — HOUSE May 22, 2006 immediate as well as long-term secu- There was no objection. gle man, a single individual, as a sym- rity interests and the stability and the Mr. BLUMENAUER. Madam Speaker, bol to the West. security of our allies in the region. I yield 6 minutes to the gentlewoman I thought about the ‘‘Refuseniks’’ in In an effort to promote U.S. national from Ohio (Ms. KAPTUR). the Soviet Union, how we connected security and foreign policy priorities Ms. KAPTUR. Madam Speaker, I with them, helping them to publish and to help ensure that U.S. taxpayer would like to thank the gentleman their works, helping to hear a voice dollars do not reach the hands of from Oregon, Mr. BLUMENAUER, for from inside a closed society, and I Hamas and other Palestinian terror yielding me this time, and to thank asked myself, in this situation, what groups, I introduced, with my good Ms. ROS-LEHTINEN, a staunch supporter are the parallels? What are the par- friend the ranking member of the of human rights, for coauthoring this allels? House International Relations Com- legislation with our dear, dear and re- In this bill, no one wants to support mittee, Mr. TOM LANTOS, this bill that spected colleague from the State of Hamas. All we are asking for is the is before us tonight, Madam Speaker. California, Congressman TOM LANTOS, right to amend this bill to find other It has 295 cosponsors, and it opposes who is the once and future chair of this non-governmental groups that we can the provision of assistance or political committee, I am sure, some day, and to help to support, to help educate, to recognition to any entity under the tu- say, as many others have stated this help inform, to help teach, in the hope, telage of a terrorist organization such evening, we respect your life. Many of even though we are all walking as Hamas. us love you and love your family. through the tunnel and we see no light This bill does prohibit direct assist- Perhaps some of us have a deeper un- at the end of the tunnel, that we give ance to the Palestinian Authority, but derstanding of some of the tribulation the ordinary person, the moderate, and it has exceptions, and we have talked that you have faced in your own life there are some moderates, some hope, about them. Many of the people who because our families have faced the some ability to connect. have spoken here tonight want to over- same. We had relatives in what is now I read from the statement of the U.S. look those exceptions. It does seek to the nation of Ukraine, but in the So- Conference of Catholic Bishops, who prohibit travel to the United States by viet Union, our uncles, who were sent say in opposition to the current form members or associates of terrorist enti- to the gulag for over 20 years by Joseph of this bill, ‘‘A further deterioration of ties, it provides for the United States Stalin. One died and one survived, mi- the humanitarian and economic situa- to withhold contributions to the raculously, after 20 bitter years. So I tion of the Palestinian people com- United Nations proportional to the think our family shares a deep personal promises human dignity and serves the long-term interests neither of Palestin- amounts the United Nations provides understanding of what despotism and ians nor of Israelis who long for a just to these duplicative Palestinian-re- terror is. I rise this evening because I have to peace. lated entities that are directly tied to ‘‘Non-governmental organizations say that this act, the Palestinian Anti- the Palestinian Authority, and it calls have a long history of helping the Terrorism Act, I fear will result not in for the Palestinian Authority to be world’s most vulnerable people. Their less terrorism, but in more. I do not designated as a terrorist sanctuary humanitarian role should be respected. really believe it is in the interest of the under the 9/11 bill. While this work is not easy,’’ and sure- United States, of Israel or the world to But it is not just about what is right ly the gentleman from California further radicalize elements in the Pal- for the U.S. in terms of our priorities knows it is not easy, surely the estinian population, and I do believe and our allies, Madam Speaker. It also gentlelady from Florida knows it is not this bill will do exactly that. is about honoring the memory of all easy, ‘‘it is essential. It deserves Con- It is not in the interest of the govern- who have died at the hands of Hamas gress’ continued support.’’ and other Palestinian jihadist groups. ment of the United States nor Israel I would hope that with the Prime That is why tonight we have spoken nor the world to make it impossible for Minister of Israel coming here this about and we have given our condo- Palestinians to become more educated week, that we would have a proposal lences to our good friend from Virginia, and to learn how to govern an emerg- that would take the Quartet and actu- Mr. CANTOR, whose 16-year-old cousin, ing nation. Indeed, if our current poli- ally somehow have discussions, even a Daniel Wultz from South Florida, close cies as a world were so intelligent, they resolution, to try to restart the failed to my congressional district, died 2 would not have yielded a Hamas to the peace process between Israel and the weeks ago after suffering these fatal point where it actually won an election Palestinian Authority. Wouldn’t that injuries caused by an April 17 suicide and other elements of Palestinian soci- be a great moment? Wouldn’t it be bombing in Tel Aviv while he was hav- ety were so crippled and so inept and so worth being here and serving here? We ing lunch with his father. Daniel disorganized that they were not able to need resolutions that will not fought courageously for 27 days for his govern in a way that an emerging na- radicalize, that will not divide, that life, but the injuries were far too se- tion state would. will make peace possible. vere. I have asked myself during the grue- Mr. LANTOS. Madam Speaker, before Our thoughts and our prayers go not some Soviet period, what glimmers did yielding, I want to thank my good just to Daniel, but also to all who have we have, what connections did we have, friend from Ohio, Ms. KAPTUR, for her lost family members and friends to what elements were we able to nurture thoughtful and very serious comments, Hamas and other jihadist groups, and that even provided a road forward? as I want to express my appreciation to the list is, unfortunately, too long for I think of our family’s East European all of my colleagues who have spoken us to mention all of their names. We heritage in Poland and enduring the against this resolution. want to pass this legislation to help en- most repressive times in Poland. This Madam Speaker, I am very pleased to sure that we in Congress have done ev- country found a way to support a non- yield 5 minutes to my good friend the erything possible to prevent another governmental organization in the form gentleman from New York (Mr. ENGEL), Daniel Wultz from dying at the hands of Solidarity, and there were church the distinguished senior member of the of these extremists. groups working and there were other International Relations Committee. Madam Speaker, I ask my colleagues groups that provided just small glim- Mr. ENGEL. Madam Speaker, I thank to render their full support to this leg- mers of light. my colleague for yielding to me, and I islation. I remember a dear, dear friend, Rev- would say that all the compliments Madam Speaker, I yield 8 minutes to erend Martin Hernati born in the that have been heaped upon him and the gentleman from California (Mr. homeland of Congressman LANTOS, who Ms. ROS-LEHTINEN during this debate LANTOS), and I ask unanimous consent said to me, ‘‘MARCY, I am walking are certainly well-deserved. that he be permitted to control that through a tunnel. It is very dark in the Madam Speaker, some of our col- time. tunnel and I see no light at the end of leagues here who say they are voting The SPEAKER pro tempore (Mrs. the tunnel, but I must keep walking.’’ ‘‘no’’ also tell us that they are good DRAKE). Is there objection to the re- I remember Cardinal Mindszenty in friends of Israel. Well, to Israel, I quest of the gentlewoman from Flor- the nation of Hungary, locked up in the would say that with friends like that, ida? U.S. embassy for many years, as a sin- she certainly doesn’t need any enemies.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H3007 Israel and the civilized world and the it and therefore we should go along. 1993 Oslo Accord, the United States has United States do have enemies. The The administration opposed the Syria given more than $1.8 billion to the Pal- enemy is called terrorism. And in the Accountability Act, and ultimately we estinians. In that same time we have Middle East, terrorism has another persuaded it to go along and support given over $130 million directly to the name. It is called Hamas. the bill. Palestinian Authority. We have to deal with things, Madam This bill passed, as was pointed out, After decades of aid and billions of Speaker, as they are, not as what we in the International Relations Com- dollars, it boggles my mind that there wish them to be. The Palestinians mittee 36–2. I was proud to be one of is no economic self-sufficiency and no elected a terrorist organization, those 36 people. And I think that to- improvement to the quality of life for Hamas, to run their government and be morrow this bill will pass overwhelm- the Palestinian people. Why is this? their leaders. We are told by people ingly. This Congress has got to send a Because the desperation of the Pales- who oppose this bill, oh, the poor Pal- strong message that it opposes terror. tinian people is not about money, it is estinian people. This legislation hurts It opposes terror whether it is Hamas, about the Palestinian Authority failing the poor Palestinian people. it opposes terror whether it is al- to do what any responsible government Well, let me tell you what hurts the Qaeda, it opposes terror whether it is would have done with several billion poor Palestinian people: The govern- Hezbollah. All terrorist groups must be dollars, provide security for its people, ment they elected, Hamas. That is opposed. That is what this legislation build infrastructure, improve health what hurts the Palestinian people. does. That is what this legislation care, provide economic opportunities, This bill has been called inflexible says. improve education and move their peo- and stringent and other such nonsense. The United States and Israel are ple into the 21st century. Not true at all. And I am proud to be strong allies in the fight against ter- The money is not going to housing. an original cosponsor of this bill. This ror, and this legislation will go a long Palestinians continue to live in bill is flexible. Humanitarian aid is al- way in saying to Hamas, we will not do wretched conditions in refugee camps lowed. Some of us have some questions anything with you or help you in any with corrugated roofs in dilapidated about that, quite frankly, because way as long as you do not renounce ter- ramshackle huts. The money is not money is fungible and can be moved ror. going to schools. If it was, the Pales- around, and we don’t want money that Mr. LANTOS. Madam Speaker, I tinian children would be sitting in is being given under the guise of hu- yield to the gentlewoman from Nevada classrooms being trained as the next 3 generation of doctors and engineers manitarian aid to be transferred and (Ms. BERKLEY) 5 ⁄4 minutes. used for other things, and we know Ms. BERKLEY. Madam Speaker, I who would lead their people in the 21st Hamas is capable of doing that. want to also express my gratitude to century. The money is not going to security. We are told by some of the opponents Ms. ROS-LEHTINEN, my very dear friend Rather than imposing security, the that the bill has consequences. Sure it on the other side of the aisle, and of Palestinian Authority forces first at- does. Elections have consequences. No- course my very special friend and men- tacked the Israelis, now they are at- body denies that the Palestinian people tor, Mr. LANTOS. His eloquence was al- tacking each other as Gaza is close to went to the polls and voted for Hamas. most matched today by Mr. ACKERMAN civil war. and Mr. ENGEL. They did a remarkable But when you vote for someone, there The Palestinian Authority under job. And I do not believe I can equal are consequences, and this is the con- Fattah was corrupt and morally bank- theirs, but I would like to speak on be- sequence of electing a terrorist organi- rupt. Is there any wonder that the Pal- half of this piece of legislation. zation as your leadership. estinian people turned to Hamas, the Madam Speaker, I rise in strong sup- most dangerous terrorist organization b 2130 port of this bill and I am hoping for its operating today, to have their basic Now we are asking Hamas to do three immediate passage. Like some of my things, it has been said many times needs met? colleagues, I also want to express my Year after year, we have given hun- here before. I want to repeat them. sincerest sympathy to my colleague dreds of millions of dollars to the Pal- Three things. They have to say that and good friend on the other side of the estinians despite no accountability, no they are opposed to terror, that they aisle, Mr. CANTOR, for the unnecessary modern financial controls, no trans- are ending their support for terror. loss of his 16-year-old cousin, Daniel. I parency, and no actual knowledge of They have to recognize Israel’s right am heartsick about that, and did not where our tax dollars are going, and to exist. They have to recognize pre- know until this evening that he had the continued attacks on innocent vious agreements that were signed by died. Israeli women and children. previous Palestinian governments. This bill, Madam Speaker, is not I am an original cosponsor of this What is so difficult about that? How about punishing the Palestinian peo- legislation. However, it is substantially can we ask Israel to sit and negotiate ple. This bill is about reasonable de- weaker than the one that I originally with a group that does not recognize mands for United States assistance. authored. In my opinion, we should be their right to exist, with a group that There are three requirements on the eliminating all aid to the Palestinian wants to destroy them and kill them, Hamas-led PA to receive and to con- Authority, not granting the adminis- and have another Holocaust? This is tinue to receive financial aid from the tration broad-based exemptions to con- nonsense. United States. tinue to fund this regime. All this bill does is simply say that You must recognize Israel’s right to The legislation grants direct aid to we will be cutting off aid to Hamas. exist. They must denounce and combat Abu Mazen for nonsecurity expenses. It And for my colleagues who say that terrorism, and they must accept the also grants direct aid for his personal the administration does not want it roadmap and other past agreements. security detail. Abu Mazen is a power- now, we should not do it because the These are the three simple require- less and ineffective leader. Since being administration does not want it, Ms. ments that must be met in order to re- elected president, he has had every op- ROS-LEHTINEN and I were sponsors of ceive continued financial aid from the portunity to create peace with the the Syria Accountability Act. United States. Israelis and establish a Palestinian The administration at first opposed The problem the Palestinians have, State. it. Do you know why? Administrations as I have said so many times before is When he had the power he would not always oppose bills like that because not money, the problem has been and or could not take the first step to dis- administrations do not think that Con- continues to be a complete failure of arm the terrorists and end the violence gress should play any role in the con- leadership. against Israel. Now he is the President ducting of foreign policy. If one was tuning in tonight and lis- of nothing. Why is the United States Well, we do. We are here. We have a tened to some of my colleagues, they continuing to prop him up? Why are right to pass laws that express the de- would think that the United States has our tax dollars being used to support sires of this Congress and the desires of been rather stingy with the Palestin- this guy in the first place? the American people. So it is nonsense ians. But I would like to enlighten This bill also grants a broad-based to say that the administration opposes those that do not know, that since the exemption for indirect aid through the

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H3008 CONGRESSIONAL RECORD — HOUSE May 22, 2006 NGOs within the West Bank and the power. And that is a mistake. It goes b 2145 Gaza. Why should Americans be forced far beyond dealing with the ramifica- But there is one other accolade be- to foot the bill when the PA is unable tions of January’s elections, and cause Mr. LANTOS is a professor, and I to provide us an accounting for lit- Hamas’s rise to power, essentially Pal- appreciate the scholarly approach he erally billions of dollars that we have estinian moderates and institutions brings that tempers his experience and spent? that have nothing to do with Hamas. his emotion that makes this a learning Madam Speaker, it is time for the Most independent observers feel that experience. And I truly believe that as Palestinian leadership and the Pales- that is counterproductive and it may a result of his input this evening that tinian people to stop blaming Israel well end up backfiring and actually this has been a valuable learning expe- and the United States for their utter providing further strength to the ex- rience for me, and I think it has en- failure to provide for their own needs. tremists. I listened to the delightful riched the record. Whatever happens exchange between Mr. LANTOS and Mr. Yassar Arafat stole millions of dollars with this legislation as it goes through FRANK on the floor earlier. I always from his own people. the course of the legislature, as I do marvel watching two parliamentary If Hamas needs money to provide not doubt that it will pass tomorrow, masters go back and forth. I listened to basic services for the Palestinian peo- that we will all be a little more knowl- Mr. FRANK’s argument tying it back to ple, let them hunt down Yassar Ara- edgeable as a result of this, and I earmarking. And it was a thoughtful fat’s widow and get the millions of dol- think, in the long run, we will be able and amazing argument. lars that her husband stole from his to do our jobs better, and for that, I own people. The problem is a lack of But one of the concerns I have, given the nature of Hamas, and listening thank him. leadership, a lack of vision, a lack of Madam Speaker, I yield back the bal- very carefully to Mr. FRANK’s words, is hope for the future, lack of civilized be- ance of my time. they are going to claim credit any way havior, not a lack of money. Mr. LANTOS. Madam Speaker, before they can for anything that happens, Until Hamas agrees to recognize yielding the balance of our time to my much as we see political processes gen- Israel’s right to exist, denouncing and good friend from Texas, let me express combating terrorism and accepts the erally do that. It is important that in our desire to my deepest appreciation to my friend roadmap and other past agreements, from Florida, who has done her usual not only should we not be giving one stop Hamas from either assistance or a foothold for claiming credit, that we extraordinary job, for her principled more dime, we should be asking for a statement and impeccable logic. We refund from the Palestinian Authority. are very surgical about what we do for the Palestinian people, and the ability are all in her debt. Mr. BLUMENAUER. Madam Speaker, I want to express my deep apprecia- to move forward with peace. I yield myself such time as I may con- tion to my very good friend from Or- sume. Madam Speaker, I think it is impor- tant for us to review the administra- egon for his unduly gracious comments Madam Speaker, as I prepare to con- which I deeply appreciate. And I want clude my presentation and yield back tion’s concerns. They have stated that they feel it is unnecessary, as the exec- to thank all of my colleagues who have my time this evening, I truly have en- spoken on all sides of this issue. This joyed the give and take that we have utive branch already has ample author- ity to impose all its restrictions. It has been an excellent debate, and it is had this evening under the leadership does constrain the executive’s ability appropriate that it should be wound up of our subcommittee chair, Ms. ROS- in the flexibility to use sanctions as by one of our best debaters, my friend LEHTINEN, the work that has been done appropriate to address rapidly chang- from Texas, SHEILA JACKSON-LEE. I by staff members on both sides of the ing circumstances, which we all sin- yield her the balance of our time. aisle, the passion, the emotion, the cerely hope happen for the positive in The SPEAKER pro tempore. The gen- concern, and the professionalism that 1 this troubled area of the world. tlewoman is recognized for 3 ⁄4 minutes. we have witnessed. Their concerns about the mandatory Ms. JACKSON-LEE of Texas. The I personally have appreciated it. I nature of the bill’s sanctions, the rel- gentleman is very kind. Before I start, think it is a healthy give-and-take that ative absence that relates to activities may I ask for additional time from the we have had. I think it is an important absent an unachievable certification, a distinguished gentlelady from Florida, debate. It is not the last word that we lack of a general waiver authority on 11⁄2 minutes. I thank the distinguished are going to enjoy. I would simply its key ban on assistance, and that gentlelady very much. make a couple of points in closing. I these limitations should be time lim- Madam Speaker, let me thank Mr. continue to be concerned that we not ited. LANTOS for his extreme kindness to talk past one another. There is going The administration has also raised yield to, in essence, a non-member of to be, under existing United States the concern that the exemption for this great committee this time. Let me law, no aid for Hamas. It is illegal to ‘‘basic human health needs’’ is too nar- acknowledge my good friend from Flor- give assistance to a terrorist organiza- row and should be broadened to ‘‘basic ida for her leadership, and also I might tion. Hamas certainly is. human needs’’. Indeed both sides on the add my appreciation to the distin- And they are not going to be entitled floor this evening often used those two guished gentleman from Oregon for to aid regardless of what happens with terms interchangeably, but they are bringing his vast perspective to this de- this bill. I continue to be concerned very different under the bill. bate. I believe this is what democracy that the language of the bill is not, as But I do think we have reached the is all about. some of my friends who have spoken on point where both my leg and my store Certainly I could not stand here to- the other side of the aisle refer to, of information here has been ex- night and not add my appreciation for talking about how humanitarian aid hausted. I wanted to make one last Chairman HYDE who I believe has can go through. That is not what the point, because there has been reference worked over the years to seek a level bill says. It is health that is the auto- this evening to the joy of serving with and a plateau and a place of, if you matic pass-through. Mr. LANTOS. will, harmony and bipartisanship. Education, as has been referenced, is I never cease to marvel, when we are Tonight is a very difficult time for not a part of the automatic exemption. in the midst of this, that he adds a di- many of us. And, in fact, I think we This lack of flexibility is one of the mension to the debate that I think is have had an enormously thoughtful de- reasons why this bill is opposed by very important. I never cease to learn bate. We find ourselves this evening, as Americans for Peace Now, the Israel something in the course of what hap- I offer my sympathy to the family of Policy Forum, Brit Tzedek, Shalom, pens in the committee or here on the Congressman CANTOR for his loss, we Churches for Middle East Peace, and floor. Reference has been made to him find ourselves on the piercing horns of the United States Conference of Catho- as the only Holocaust survivor who has dilemma, and they are piercing out- lic Bishops. walked these halls. side. That is that we find ourselves The bill sets permanent and inflexi- And it adds a dimension, not just to fighting for peace between the Pales- ble limits on the United States’s abil- this debate, but one that carries tinian Authority and Israel, and we ity to be involved with Israel and Pal- through in activities in Asia, in Africa, find ourselves fighting for the exist- estine, whether or not Hamas is in in the bigger picture across the world. ence and recognition of the State of

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H3009 Israel and the acceptance by the world and they can be read clearly that Palestinian governing authority that denounces of a two-state position that has been health and humanitarian needs can be and combats terrorism, upholds human rights authored and supported by so many, in- taken care of and educational needs for all people, and has agreed to recognize cluding the now ailing former Prime can be taken care of with the consulta- Israel as an independent Jewish state. Minister Sharon. tion of this Congress. This is a very dif- The Palestinian Anti-Terrorism Act of 2006 I was in Israel just a few months ago ficult time. There are hard choices to would freeze aid to the Palestinian Authority visiting Prime Minister Sharon at the make and I would argue that the Arab (PA) and nongovernmental agencies (NGOs) Hadassah Hospital, listening to a vari- League has been, if you will, absent unless for educational needs and overridden ety of individuals pontificate about the from the team. The Arab League has by the President, operating in the West Bank pending election and having some been absent from this process. and Gaza so long as Hamas, or any other ter- small iota of hope that Hamas, if elect- So as I close, let me say that there is rorist group, is a part of the Palestinian gov- ed, would assume the realm of leader- fault everywhere. We can blame anyone ernment. The Palestinian Anti-Terrorism Act ship and stand up and acknowledge we and everyone. But it is clear what has puts in place a stringent benchmark that must want two states, we reject terrorism, to be done. That is the denouncing of be met by the PA before America resumes and we reject any idea that Israel violence. I want to say to our friends aid. The aid will not be resumed until the should not exist. Unfortunately, this here in America, Palestinian friends President certifies that the PA is not controlled did not happen. and others, you can be part of this so- by and does not include terrorist groups and This reminds me of the time that Dr. lution. We are not here to undermine that the PA has demonstrated substantial King led as he moved into the time the children of Palestine or the women progress towards a number of specified goals. when more groups began to circle and or the families or those who are sick, I know we can have peace if people of good intervene in ‘‘the movement’’ as we but we are here to heal the land and to will—no matter what their faith help denounce called it; and he welcomed the young- cause an opportunity for peace so that violence and begin to work for two peaceful sters and those who had provocative two states can live along with each states. and different thoughts. He knew that other. I hope that this bill will not be misinterpreted the ultimate end was what they all I cannot be a hypocrite tonight, and as stifling the Palestinian Authority or harming cherished, and that is the elimination as I cry out for Sudan, I must cry out the Palestinian people. This bill has been of the shackles of segregation and rac- for peace between Israel and the Pal- carefully written to make a compelling state- ism and the divide of this country that estinians. I hope this legislation will ment against any government that would chal- was then black and white. But Dr. King begin the debate, and I hope the Arab lenge the sovereignty of another nation, and had to make a very important decision, League and others will join us in this yet preserve the international aid and support whether or not this movement required fight for freedom. to a people in need of stability. his standing firm on denouncing vio- Madam Speaker, I rise today to support, We welcome Prime Minister Ehud Olmert lence. So he had to reject some of the and express my views, on H.R. 4681, the Pal- this week to address a Joint Meeting of Con- gress. I hope that, while he is here, we may groups who came to the circle of the estinian Anti-Terrorism Act. movement. He had to stand for non- For the last few months, we have watched discuss actions that will serve to dissuade violence. He had to stand for the move- the Middle East transform once again, and stakeholders from violence, and actions that ment being one that we could seek the every day, we have witnessed history in the will be a catalyst toward peace and stability in the Middle East. plateau of freedom without violence. making. One event occurred this week that fills me And so I stand here today because I Israel experienced the end of an era when with hope: Deputy Prime Minister Shimon want to at least express the fact that the Honorable Ariel Sharon was disabled by a Peres and Foreign Minister Tzipi Livni met those of us who argue for the opportu- powerful stroke. Israel also resurrected its with Palestinian President Mahmoud Abbas on nities around the world, for the peace government into an entity focused on stability the sidelines of the World Economic Forum in around the world, for the elimination and the necessity of safety. The Palestinian Sharm el-Sheik, Egypt, achieving the highest- of the shackles of the Sudanese people Authority successfully elected a new govern- level public talks between Israel and the Pal- and who claim that we want that kind ment in the spirit of democracy. estinian Authority in months. While the discus- of fierce and absolute pressure on gov- I had the opportunity this past January to sion focused on ideas for alleviating Pales- ernment, have to be able to understand visit Israel, to once again tread the soil of the tinian humanitarian problems, both sides said this legislation. I want divestiture and Holy Land, and meet with state officials to dis- it could lead to a first Olmert-Abbas summit. I sanctions in Sudan. And so, clearly, I cuss the ramifications of Mr. Sharon’s illness, am pleased that conversations between the have to understand that there are and prospects of peace in the Middle East. At governments continue, and I hope that we do, times when we must intervene in order the time, apprehension toward the upcoming indeed, see such a summit in the coming to make the point so that freedom Palestinian elections was tangible, and the months. might live. Israeli elections were not too far in the future. Ms. ROS-LEHTINEN. Madam Speak- I hope President Abbas will meet All of Israel and the Middle East knew that this er, I yield myself the balance of my with the prime minister, the new prime was a turning point. time. minister of Israel. I hope that they will Now, however, we have a conundrum. Madam Speaker, I thank all of my find a common ground and a way to Where we want to encourage and celebrate a colleagues who have participated in promote peace. But at the same time, I democratic election, we are dismayed that the this debate and most especially my think it is important that we make a party elected has a history that disappoints dear friend from California (Mr. LAN- firm stand to find in our hearts and our hopes of peace and a mutually beneficial res- TOS). He is always on the right side of minds the ability to stand up to Hamas olution in the near future. all of these issues. Thank you, Mr. and ask them to reject violence but Until we can achieve a two-state solution LANTOS, for your friendship and your also to say these three words: Israel with lasting peace, we must address the fact leadership. can exist. That is what we are asking that the government now in power has not met Madam Speaker, Hamas has a choice for tonight. the baseline requirements for returning to the to make. It can be part of our broader I guess I speak as one who has a great discussion table. post-9/11 policy of being with peace-lov- kinship and friendship with many Mus- Over the last few months, we have seen the ing, freedom-loving, democratic na- lims around this Nation and this world. Palestinian people elect a government that tions, or it can be with the Islamic ter- Particularly, I speak tonight to those promised more organization and resilient pub- rorists. Yet, this is what Hamas’ choice Palestinian Americans who are frus- lic administration, as well as less corruption has been. trated and confused by legislation such and abuse of its citizens. However, the charter On its commitment to terrorism, the as this. I beg of them to link arms with of Hamas remains committed to the destruc- security forces head says, ‘‘We have all of us and demand of the Hamas that tion of the nation of Israel, and the supremacy only one enemy, they are Jews. I will they rid themselves of this violence so of the Islamic faith around the world. The Pal- continue to carry the rifle and pull the their children can learn, so the sick estinian Authority is struggling to deliver the trigger whenever required to defend my and the feeble can be taken care of. But stability it promised on the campaign trail. people.’’ I do thank the authors of this legisla- H.R. 4681 states that it shall be U.S. policy On refusing to recognize Israel, the tion for putting these exceptions in, to promote the emergence of a democratic Hamas spokesman says, ‘‘I believe that

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 H3010 CONGRESSIONAL RECORD — HOUSE May 22, 2006 the question of recognizing Israel will Marshall Plan after World War II. By rebuilding meet, Madam Speaker, given our need to en- never be at any time on the agenda of Europe, America continues to be stronger. sure that such projects do not in any way ben- the Hamas movement, the PLC or the Yes, there were communist factions that the efit Hamas, either politically or economically. Palestinian government.’’ United States deplored, but we knew the need Nor, Madam Speaker, is it too much to ask The foreign minister has said, ‘‘Even was real, and punishing the whole for the acts that the consultation period be a bit longer if the U.S. gave us all its money in re- of the few was wrongheaded in the extreme. than usual—25 days instead of 15—given this turn for recognizing Israel and giving Today, our actions must be motivated only unprecedented situation, in which we would up one inch of Palestine, we would by our intense desire to achieve a just and provide aid to a people whose government is never do so even if this costs us our lasting peace. The compassion and charity of controlled by terrorists. This is new territory, lives. Our right to pursue the resist- the American people should be reflected in and we owe it to the taxpayers to proceed ance will remain as long as the occupa- this legislation, though sadly, they are si- cautiously. Indeed, we cannot be sure that the tion continues over our lands and our lenced. new Hamas-controlled Palestinian Authority holy sites.’’ Madam Speaker, make no mistake, a vote will not exert control over schools and other This is the leadership of Hamas. So cast in favor of H.R. 4681 is not a vote for institutions currently run by non-governmental we have a choice, Madam Speaker. peace, it is not a vote for America and it is not organizations. Allow American taxpayer dollars to a vote that I will cast. In this unusual and potentially explosive sit- help support Hamas and other Islamic I urge my colleagues to cast their votes uation, it seems to me the very least we extremists or prevent such a manipula- against this unwise and unproductive resolu- should ask is that our assistance to the Pales- tion of U.S. funds and ensure that they tion. tinian people clearly further our national secu- help promote our U.S. interests. I hope Mr. GENE GREEN of Texas. Madam rity interests. This is our minimal obligation to that our colleagues make the right de- Speaker, I rise in strong support of this legisla- our constituents. cision tomorrow, and I hope that they tion. We will insist on this basic standard, Madam will help us pass this bill. Earlier this year we watched as the Pales- Speaker, and we will give assistance for ap- Mr. RAHALL. Madam Speaker, I rise today tinian people went to the polls and voted into propriate purposes—and I am quite sure the to urge my colleagues to exercise restraint power a group that has employed car bomb- level of our assistance will continue to be and perspective in our consideration of H.R. ings, suicide bombings, mortar attacks, greater than that of any Arab nation, including 4681. Qassam rocket attacks, and assassinations to those who have been wallowing in ever-in- President Bush’s Administration has already achieve its stated goal of destroying Israel. creasing windfall profits over the past three stated the bill is ‘‘unnecessary as the Execu- Last January, Hamas—the radical Islamic years. tive branch already has ample authority to im- Palestinian organization that has sought to Also, Madam Speaker, H.R. 4681 cuts off pose all its restrictions and it constrains the expel Jews and destroy the state of Israel to U.S. contact with those who represent ter- Executive branch’s flexibility to use sanctions, establish an Islamic Palestinian state based rorism, not those who represent democracy. if appropriate, as tools to address rapidly on Islamic law—won a majority of the seats in H.R. 4681 establishes a policy that the U.S. changing circumstances.’’ With that kind of en- the Palestinian Legislative Council. should not negotiate or have substantive con- dorsement, we must ask ourselves what this This group has been recognized by the tacts with terrorist organizations such as legislation seeks to accomplish. United States and the European Union as a Hamas or Palestinian Islamic Jihad. Additionally, the so-called Anti-Terrorism Act terrorist organization, and has committed hun- H.R. 4681 explicitly recognizes that working of 2006 limits diplomatic visas to members of dreds of acts of terrorism against Israeli citi- with Palestinian moderates is in U.S. interest the Palestinian Authority and would tie the zens since its creation in 1987. by allowing assistance to be provided to Presi- I fully support the democratic process, but hands of the foreign policy community when it dent Abbas to facilitate a peaceful resolution the views of Hamas are at odds with that comes time to negotiate peace between the of the Israeli-Palestinian conflict. PA and Israel. How many times has peace process and its principles, and I do not believe H.R. 4681 allows travel to the UN and gives been brokered on American soil? Eliminating we should continue providing funding to a the President an authority to waive this restric- dialogue does not help to advance peace in group that’s stated purpose is the destruction tion to allow Palestinian moderates who are in the region. Peace only comes through mutual of another democratic country. the Palestinian Legislative Council to come to understanding. This legislation sends a message to Hamas, the United States to visit. Reasonable, even intelligent people can, but protects humanitarian assistance for the I urge all my colleagues to support H.R. and frequently do, disagree on how best to Palestinian people by continuing U.S. assist- 4681. achieve peace in the Middle East, but, peace ance through NGOs and USAID. must be the goal of our foreign policy tools, H.R. 4681 also gives the President authority Ms. ROS-LEHTINEN. Madam Speaker, I at- whether they be by the stick or by the carrot. to waive many of the provisions of the bill if tach an exchange of letters between Chairman Peace cannot come from punishing the Pal- Hamas changes its stance or a new Pales- HYDE and Chairman OXLEY concerning the bill estinian people. Even Israel’s Foreign Minister tinian Authority government emerges. H.R. 4681 ‘‘Palestinian Anti-Terrorism Act of knows that. He states in Reuters, that, ‘‘Israel We cannot allow U.S. taxpayer dollars to 2006.’’ is prepared to release Palestinian tax reve- get in the hands of a Hamas-controlled gov- HOUSE OF REPRESENTATIVES, nues into a proposed aid mechanism being ernment to be used against Israel, and this bill COMMITTEE ON FINANCIAL SERVICES, Washington, DC, May 15, 2006. will prevent that from happening while pro- set up by Middle East mediators to avert the Hon. HENRY J. HYDE, collapse of the Palestinian health sector . . .’’ tecting humanitarian aid to the Palestinian Chairman, Committee on International Rela- Instead, this legislation seeks to accomplish people. tions, House of Representatives, Wash- exactly what President Bush’s Administration Madam Speaker, we need to send Hamas a ington, DC. and the Israeli Foreign Minister realize is message that we will not stand by while it con- DEAR MR. CHAIRMAN: I am writing to con- counterproductive. I can tell you that after 30 tinues to endorse terrorism and violence. firm our mutual understanding with respect years in Congress, I have seen legislation I urge my colleagues to join me in sup- to the consideration of H.R. 4681, the Pales- succeed and fail. This legislation is rigid, and porting H.R. 4681. tinian Anti-Terrorism Act of 2006. This bill Mr. LANTOS. Madam Speaker, in conclu- was introduced on February 1, 2006, and re- unnecessary. ferred to the Committees on International To put it plainly, when you take from people sion I reject the claim that our bill does not Relations, Judiciary and Financial Services. who already have nothing, you breed trouble, allow our government to support worthwhile I understand that committee action has al- you don’t combat it. How easy will it be for Al- projects for the Palestinians in the West Bank ready taken place on the bill. Qaeda to tell a man whose child is dying that and Gaza. In fact, it makes every possible al- Section 9 of the bill as introduced falls the doctors are no longer there because the lowance for such projects, consistent with U.S. within the jurisdiction of this Committee Americans took them away? How easy will it national interests. and could be the subject of a markup. How- be to recruit a whole new generation of list- First of all, our legislation makes an explicit ever, in response to a request from this Com- less, impoverished youths? exception for supporting the basic human mittee, I thank you for your agreement to support in moving this legislation forward Madam Speaker, I reject the idea that this health needs of the Palestinian people. the modification of section 9 to remove from legislation will combat terrorism. I reject it be- Second, it includes a waiver that requires the certification requirement for inter- cause we have history as our teacher. the President only to certify that such assist- national financial institutions a determina- The best nation-building, goodwill act that ance furthers our national security interests. tion of the President that the Palestinian the United States has ever produced was the That is not an unreasonably high standard to Authority has taken effective steps and

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H3011 made demonstrable progress toward ‘‘ensur- lenge. The bill which is before the House because they support terror, but because they ing democracy, the rule of law, and an inde- today is based on a proposal by our col- were desperate for a better quality of life. pendent judiciary, and adopting other re- leagues, ILEANA ROS-LEHTINEN and TOM LAN- Hamas was providing basic services that their forms such as ensuring transparency and ac- countable governance.’’ Given the impor- TOS. existing government was, for whatever reason, tance and timeliness of the Palestinian Anti- The fact that the Palestinians voted, albeit unable to provide. Terrorism Act, and your willingness to work by a plurality and not a majority, to put Hamas I would like to take this opportunity to say with us regarding these issues, further pro- in power in the Palestinian Authority does not that supporting this bill is not a rejection of the ceedings on this bill in this Committee will mean that the United States has to support Palestinian people. America’s position is clear: no longer be necessary. However, I do so only that government. The Palestinian people must we support a two-state solution in accordance with the understanding that this procedural live with their own decisions; the United States with the Roadmap. route should not be construed to prejudice need not, and should not, deal with, let alone the jurisdictional interest of the Committee And although we cannot and should not on Financial Services on these provisions or support, terrorists—whether elected or not. support Hamas, we must not abandon the Pal- any other similar legislation and will not be The legislation we have before us today estinian people. We must continue to support considered as precedent for consideration of provides a series of firewalls to prevent fund- humanitarian aid—including health, education, matters of jurisdictional interest to my com- ing under the Foreign Assistance Act from and civil society initiatives—to ensure that the mittee in the future. Furthermore, should flowing to the Palestinian Authority, from which next generation of Palestinian children can these or similar provisions be considered in a it could support, or be seen to be supporting, know something other than violence, despera- conference with the Senate, I would expect the Hamas’ terrorist leadership of the Pales- members of the Committee on Financial tion, and hatred. Only then will we have any Services be appointed to the conference com- tinian Authority. It also provides for ways, sub- hope of achieving true peace. mittee on these provisions. ject to appropriate findings and consultation Mr. FOSSELLA. Madam Speaker, I rise in Finally, I would ask that you include a with the Congress, to get funding to the Pales- strong support of H.R. 4681, the Palestinian copy of our exchange of letters in the Con- tinian people through the funding of non-gov- Anti-Terrorism Act of 2006. I was deeply con- gressional Record during the consideration ernmental organizations. of this bill. If you have any questions regard- cerned when I learned that the Hamas party We have provided exceptions, subject to was elected to take control of the Palestinian ing this matter, please do not hesitate to certain certification and consultation require- call me. I thank you for your consideration. Authority. In FY 2005, the United States ap- Yours truly, ments, for—among other things—assistance propriated $275 million to the West Bank and MICHAEL G. OXLEY, to the President of the Palestinian Authority. Gaza, with $50 million of that funding going di- Chairman. Mahmoud Abbas, the current Palestine Presi- rectly to the Palestinian Authority. But now, dent, is clearly not a terrorist, and having with Hamas in control of the Palestinian Au- COMMITTEE ON INTERNATIONAL RE- worked with him, we must make it possible for thority, not one dollar of taxpayer money LATIONS, HOUSE OF REPRESENTA- him to be protected, if required, and to be an TIVES, should go to this terrorist organization. The effective negotiator. He still has a lot of institu- Palestinian people have every right to elect a Washington, DC, May 15, 2006. tional power under the Palestinian constitution, Hon. MICHAEL G. OXLEY, terrorist organization to control their govern- Chairman, House Committee on Financial Serv- and he should be encouraged and enabled in ment—and the United States has every right ices, Washington, DC. exercising that power responsibly. to eliminate any financial assistance for it. Under the Foreign Assistance Act, it will be DEAR MR. CHAIRMAN: Thank you for your Under H.R. 4681, the Hamas-led Palestinian letter concerning H.R. 4681, the Palestinian possible to provide assistance, even to a ter- Authority would become eligible for United Anti-terrorism Act of 2006. As you noted, rorist-dominated Palestinian Authority, to deal States foreign assistance only when Hamas this bill has been referred to both of our with health emergencies such as avian flu. renounces violence, dismantles the terrorist in- committees as well as the Committee on the That sort of assistance should flow, and in- Judiciary. The Committee on International frastructure in the West Bank and Gaza, rec- deed flows today. Relations has filed its report on the bill (109– ognizes Israel’s right to exist as a Jewish state Finally, we establish, by statute, a policy 462, Part I). I concur that provisions within and accepts all previous Israeli-Palestinian that officials of the United States should not Section 9 of the bill, as introduced, fall with- agreements. in the jurisdiction of this Committee and negotiate with members of terrorist organiza- could be the subject of a markup in your tions such as Hamas and that our government Hamas is responsible for countless homi- committee. In order to expedite consider- should oppose funding the Palestinian Author- cide bombings that have killed hundreds of ation of the bill by the House, I am willing ity, under the current circumstances, through Israeli citizens. They have waged a terror war to modify language in Section 9 relating to International Financial Institutions. with the sole intent of murdering innocent peo- international financial institutions. ple. Hamas is responsible for some of the Based on the agreement to modify the With that brief outline of the bill’s key points, Madam Speaker, I would like to express my most horrific terrorist attacks in recent years, manager’s amendment to reflect our under- including the March 2002 Passover Massacre standing, I appreciate your willingness to thanks to Ms. ROS-LEHTINEN and Mr. LANTOS forgo a committee markup of the bill. I un- for their efforts. that killed 30 people; the June 2002 Patt Junc- derstand that this waiver should not be con- Ms. LORETTA SANCHEZ of California. tion Massacre which killed 19 people; and the strued to prejudice the jurisdictional inter- Madam Speaker, I rise today in support of this 2003 Jerusalem Bus attack which killed 23 est of the Committee on Financial Services bill and in support of peace and prosperity for people. And recently, Hamas backed the Apri1 on these provisions or any other similar leg- all the people of the Middle East. 2006 bombing of a Tel-Aviv restaurant that islation and will not be considered as prece- For years, the international community has killed 9 people. dent for consideration of matters of jurisdic- The Hamas Charter reads: ‘‘Israel will exist tional interest to your committee in the fu- tried to work with Israelis and Palestinians to ture. I also agree that, should these or simi- forge a lasting peace in the Middle East. But and will continue to exist until Islam will oblit- lar provisions be considered in a conference the election of Hamas to control the Pales- erate it, just as it obliterated others before it.’’ with the Senate, I will request the Speaker tinian Parliament was a shock to all of us, and Hamas’ victory further jeopardizes the to name members of the Committee on Fi- the announcement that their party would rule peace process and creates greater instability nancial Services to the conference com- alone disheartening. in the region. I have no confidence in Hamas mittee on these provisions. It remains to be seen whether participation as a responsible leader of the Palestinian Au- As requested, I am inserting a copy of our thority nor do I believe the terrorist group exchange of letters in the Congressional in the democratic process can truly have a Record during the deliberation on this bill. I moderating effect on organizations that have wants peace with Israel. I urge the new gov- thank you for your consideration. supported terror. But until we see evidence to ernment to proceed with caution and exercise Sincerely, that effect, we are forced to deal with the restraint as it assumes power. Any provo- HENRY J. HYDE, world as it is—and in that world, Hamas is a cation on their part will rightly be met with Chairman. terrorist organization. fierce resistance by the Israeli people. Mr. HYDE. Madam Speaker, the election of Hamas uses violence against the innocent H.R. 4681 does allow for humanitarian as- Hamas to a majority within the Palestinian to further its political objectives. It does not ac- sistance, including providing funds to Fattah Legislative Council and to the formation of a cept the Roadmap, and it does not recognize party member Mahmoud Abbas, President of terrorist organization-led government in the the right of Israel to exist. Clearly, we cannot the Palestinian Authority. Under this bill, the Palestinian Authority poses a serious chal- support—with our words or with our deeds— Palestinian People may be eligible for addi- lenge to the United States and its allies. The such an organization. tional aid on a case-by-case basis. While Committee on International Relations has At the same time, we must recognize that strong against Hamas, this bill is not need- crafted an excellent response to that chal- most Palestinian people voted for Hamas not blind to the people of Palestine. Just recently,

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 D:\FIX-CR\H22MY6.REC H22MY6 H3012 CONGRESSIONAL RECORD — HOUSE May 22, 2006 the United States sent $10 million worth of House Republicans are focused on their come addicted to alcohol than someone pharmaceuticals to local clinics in the Gaza concerns and are working very hard to who starts drinking at age 21 or later. Strip on May 10. lower the costs of gasoline over the Prevention efforts have been, I would Mr. SHAYS. Madam Speaker, the founding mid and long term. say, very minimal. The Federal Gov- charter of Hamas reads, ‘‘Israel will rise and Republicans introduced and passed ernment currently spends about 25 will remain erect until Islam eliminates it as it the Gasoline for America’s Security times more annually to combat youth had eliminated its predecessors.’’ Madam Act which will ban price gouging and drug use than to prevent underage al- Speaker, when your enemy says he is going increase U.S. fuel supply by encour- cohol use. to kill you, you better pay attention. aging new refineries while at the same Alcohol is a gateway drug. Usually The Hamas victory in Palestinian parliamen- time promoting conservation efforts. those who begin to use cocaine, heroin, tary elections is of great concern to me and The bill passed the House but still and methamphetamine do not start many others and presents a major challenge needs immediate attention in the with those drugs. They start with alco- to the peace process. Hamas ran a campaign United States Senate. hol. Television ads for alcohol products primarily based on cleaning out the corruption Republicans also passed the Energy outnumber responsibility messages by of the Fatah party. The Palestinian people re- Policy Act which reduces the cost of 32–1. In other words, those ads that pro- sponded to this pledge, but sadly in the proc- energy, reduces our reliance on foreign mote the consumption of alcohol are 32 ess elected a terrorist government. oil sources, encourages the use of alter- times more prevalent than those ads Unless Hamas recognizes the State of native power sources and improves our that urge restraint, responsible drink- Israel’s right to exist, ceases incitement and electricity transmission capability. ing or discourage underage drinking. permanently disarms and dismantles their ter- The bill also provides relief to our From 2001 to 2003, the industry spent rorist infrastructure, there is no hope for hardworking farmers by providing tax $2.5 billion on television advertising peace. The bottom line is neither our govern- incentives and money for research and and promoting their product and only ment nor Israel can meet with or provide as- development by ethanol and biodiesel $27 million, a mere fraction, on respon- sistance to a government led by this terrorist energy sources. sibility programs. organization. In addition, House Republicans have Underage drinkers currently account Ms. ROS-LEHTINEN. Madam Speak- repeatedly supported legislation to for 17 percent of all alcohol sales in the er, I yield back the balance of my time. open up the Arctic National Wildlife United States, and that is a huge mar- The SPEAKER pro tempore. The Refuge to oil and gas exploration. gin. In my State, Nebraska, underage question is on the motion offered by The Democrats, on the other hand, drinking accounts for 25 percent of all the gentlewoman from Florida (Ms. have opposed building new refineries, alcohol sales, and of course, those sales ROS-LEHTINEN) that the House suspend have opposed drilling in ANWR and, in are all illegal. the rules and pass the bill, H.R. 4681, as fact, voted against both of these bills. Recent studies have found that heavy amended. Madam Speaker, Republicans have exposure of the adolescent brain to al- The question was taken. worked hard to address America’s en- cohol interferes with brain develop- The SPEAKER pro tempore. In the ergy needs. And the Democrats? They ment. In other words, drinking at age opinion of the Chair, two-thirds of vote ‘‘no’’ on every solution. 10 is qualitatively and quantitatively those present have voted in the affirm- f different than drinking at 21 or 25 or 30 or 35 or whatever because of develop- ative. b 2200 Ms. ROS-LEHTINEN. Mr. Speaker, mental aspects. on that I demand the yeas and nays. SPECIAL ORDERS This is a brain scan showing a brain The yeas and nays were ordered. The SPEAKER pro tempore (Mrs. scan of two 15-year-old young men. The The SPEAKER pro tempore. Pursu- DRAKE). Under the Speaker’s an- scan on the right is a 15-year-old male, ant to clause 8 of rule XX and the nounced policy of January 4, 2005, and heavy drinker, a binge drinker, the per- Chair’s prior announcement, further under a previous order of the House, son who is sober at the time of the proceedings on this question will be the following Members will be recog- brain scan, drinks regularly, binge postponed. nized for 5 minutes each. drinker. The 15-year-old young person f f brain scan on the left is someone who The SPEAKER pro tempore. Under a is an abstainer, someone who does not REPORT ON RESOLUTION PRO- drink at all. These young people were VIDING FOR CONSIDERATION OF previous order of the House, the gen- tleman from Oregon (Mr. DEFAZIO) is asked to perform memory tests, and H.R. 5384, AGRICULTURE, RURAL you see the brain scan on the right DEVELOPMENT, FOOD AND DRUG recognized for 5 minutes. (Mr. DEFAZIO addressed the House. showing minimal brain activity, as ADMINISTRATION, AND RELATED compared to the young person doing AGENCIES APPROPRIATIONS His remarks will appear hereafter in the Extensions of Remarks.) the same memory test on the left. So ACT, 2007 we see what excessive exposure to alco- f Mr. HASTINGS of Washington (dur- hol does to brain function. ing debate on H.R. 4681), from the Com- UNDERAGE DRINKING Many young people drop out of mittee on Rules, submitted a privi- The SPEAKER pro tempore. Under a school, who do not perform well in leged report (Rept. No. 109–477) on the previous order of the House, the gen- school, are simply people who are resolution (H. Res. 830) providing for tleman from Nebraska (Mr. OSBORNE) is heavy drinkers. An estimated 3 million consideration of the bill (H.R. 5384) recognized for 5 minutes. teenagers are full-blown alcoholics at making appropriations for Agriculture, Mr. OSBORNE. Madam Speaker, un- the present time, and that is about six Rural Development, Food and Drug Ad- derage drinking flies under the radar times more than those who are ad- ministration, and Related Agencies for screen for most people. Alcohol is legal dicted to other kinds of drugs. the fiscal year ending September 30, and widely accepted by adults, and yet Alcohol kills six times more young 2007, and for other purposes, which was many times we do not realize the dev- people than all illicit drugs combined, referred to the House Calendar and or- astation that this is causing for young all other illicit drugs. Underage drink- dered to be printed. people. ing costs the United States roughly $53 f The average at which young people billion annually. So this is something, begin drinking is 12.7 years of age, and again, that I mention that ofttimes REPUBLICANS OFFERING ENERGY that age is declining annually. people are simply not aware of. SOLUTIONS Binge drinking is something that is The bill that we have introduced in (Ms. FOXX asked and was given per- very common among young people. On the House that we think is relevant to mission to address the House for 1 average, teenagers drink more by dou- this problem is called the Sober Truth minute.) ble what adults drink per sitting and on Preventing Underage Drinking Act, Ms. FOXX. Madam Speaker, many per consumption. the STOP Act, and what it would do is Americans are concerned about gaso- Teens who start drinking before age create a Federal Interagency Coordi- line prices. They can rest assured that 15 are four times more likely to be- nating Committee to coordinate efforts

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H3013 directed at underage drinking. Right commemoration of this anniversary, and for Seven days later, the defenders of Crete— now, we have multiple programs aimed the benefit of future generations, I will share a though clinging to their rocky defensive posi- at different types of substance abuse brief account of these events as they un- tions—knew that they would soon be overrun. alcohol is one of those. Some of those folded. The evacuation order was given, and nearly programs are in the Department of In early April 1941, the German army 18,000 men were rescued. These valiant sur- Justice, some are in Education, some rushed to the aid of their defeated ally, Italy, vivors had bought the Allies a week’s precious are in Health and Human Services, but and invaded Greece. Following a valiant strug- time free of Nazi air and sea attacks based there is practically no coordination of gle, Greek forces had been pushed entirely off from Crete. More importantly, they inflicted se- these programs. Sometimes they dupli- the continent and were forced to take refuge vere losses on the German airborne forces, cate each other. Sometimes these pro- on the island of Crete. the showpieces of the Nazi army. Although grams do not work well, and so we feel The German army then looked covetously well-armed and thoroughly equipped, the Ger- there needs to be some coordinating across the sea to Crete because of the British mans didn’t break the Cretans’ love of free- commission that coordinates all of airfields on the island, which could be used by dom. these programs, particularly those that the Allies for air strikes against the oil field of Although the Germans captured the island are aimed at alcohol abuse by young Rumania, thereby denying this vital war com- in 10 days, they paid a heavy price. Of the people. modity to Hitler’s forces now preparing for 8,100 paratroopers involved in this operation, It also authorizes a national media their attack on Russia. If captured, it would close to 4,000 were killed and 1,600 were campaign directed at adults. You say, also provide air and sea bases from which the wounded. So injured were the German units well, why would you direct it to adults. Nazis could dominate the eastern Mediterra- that they never again attempted an airborne Well, the main thing is that the atti- nean and launch air attacks against Allied assault of the magnitude launched at Crete. tude of parents is the number one pre- forces in northern Africa. In fact, the Nazi high Hitler may have won the Battle of Crete, but dictor as to whether a young person command envisioned the capture of Crete to he lost the war. The German victory proved a will abuse alcohol as an underage be the first of a series of assaults leading to hollow one, as Crete became the graveyard of drinker or not, and so many parents the Suez Canal. Hitler intended a short, one the German parachute troops. In fact, it is a many times feel if a young person is month, campaign, starting in March. On suc- lesson taught in almost every major military using alcohol, that pretty much pre- cessful completion, his troops would be reas- academy in the world on what not to do. vents them from being involved with signed to Russia. In retaliation for the losses they incurred, Crete’s defenses at the time had been badly heroin or cocaine or methamphet- the Nazis spread punishment, terror and death neglected due to the deployment of Allied amine, when exactly the opposite is on the innocent civilians of the island. More forces in North Africa. GEN Bernard Freyberg true. Someone who starts abusing alco- than 2,000 Cretans were executed during the of the New Zealand Division was appointed by hol at an early age is much more apt to first month alone and thousands more later. British Prime Minister Winston Churchill as be addicted to all kinds of substance, Despite these atrocities, for the 4 years fol- commander of a small contingent of Allied and therefore, we feel there is a lot of lowing the Allied withdrawal from the island, troops which had been dispatched to the is- drug awareness that has to occur with the people of Crete put up a courageous guer- land a few months before and re-enforced by drugs. rilla resistance, aided by a few British and Al- additional troops who had retreated from the It also provides additional resources lied officers and troops who remained. Those Greek mainland. to communities and colleges and uni- Early on the morning of May 20, 1941, involved were known as the Andartes (the versities to prevent underage drinking. Crete became the theater of the first and larg- Rebels). At the present time, annually 1,700 est German airborne operation of the war. The Cretan people of all ages joined or aided young people, college students, die skies above Crete were filled with more than the Andartes. Children would pile rocks in the each year on the college campus be- 8,000 Nazi paratroopers, landing in a massive roads to slow down the German convoys. cause of alcohol abuse. It is the leading invasion of the island, which was subjected to They even carried messages in their school- cause of death on the college campus. heavy bombing and attacks in what became books because it was the only place that the This is double the rate that we have known as ‘‘Operation Mercury.’’ German soldiers never looked. These mes- had for deaths in Iraq. So we feel that Waves of bombers pounded the Allied posi- sages contained information critical to the this is critical. tions followed by a full-scale airborne assault. Andartes who were hiding in the mountains Also, it increases Federal research Elite paratroopers and glider-borne infantry and would come down for midnight raids or and data collection on underage drink- units fell upon the rag-tag Allied soldiers and daytime sabotages. ing. were met with ferocious resistance from the The German terror campaign was meant to f Allied troops and the Cretan population. break the fighting spirit and morale of the Andartes. Besides the random and frequent THE SIXTY-FIFTH ANNIVERSARY Although General Freyberg had decided not to arm the Cretans because they were be- executions, German soldiers used other OF THE HEROIC BATTLE OF means to achieve their goal. They leveled CRETE lieved to be anti-royalist, they fought bravely with whatever was at hand during the inva- many buildings in the towns and villages, de- The SPEAKER pro tempore (Ms. sion. As soon as the battle broke out, the peo- stroyed religious icons, and locked hundreds FOXX). Under a previous order of the ple of Crete volunteered to serve in the militia. of Cretans in churches for days without food House, the gentleman from Florida Centuries of oppression and several revolts or water, but nothing worked. These actions (Mr. BILIRAKIS) is recognized for 5 min- against Venetians and Turks had taught them only made the Cretans more ferocious in their utes. that freedom is won and preserved by sac- quest for freedom. Mr. BILIRAKIS. Madam Speaker, I rise rifice, and there was hardly a family without a Even in the face of certain death while proudly today to celebrate the 65th anniver- gun stashed somewhere in the house. For the standing in line to be executed, Cretans did sary of the Battle of Crete, a World War II first time, the Germans met stiff partisan re- not beg for their lives. This shocked the Ger- event of epic proportions that profoundly im- sistance. man troops. Kurt Student, the German para- pacted on the determination of many countries War-seasoned men joined the regular trooper commander who planned the invasion, to resist the aggression of Nazi Germany. This troops in the effort to repel the invader. Old said of the Cretans, ‘‘I have never seen such is a story of the sacrifices made by a battered men, women and children participated and a defiance of death.’’ but brave group of individuals thrown together used whatever makeshift weapons they could Finally, the Cretan people participated in in a combined effort to halt the domination of find. The pointed their antiquated guns at the one of the most daring operations that brought a smaller, weaker nation by a larger, more descending German paratroopers. They used shame and humiliation to the German occupa- powerful aggressor. sticks, sickles and even their bare hands to tion forces and exhilaration and hope to the Amidst the cataclysm that engulfed the fight those soldiers already on the ground. enslaved peoples of Europe. Major-General countries of Europe at the time, it seems now Most of them were illiterate villagers but their Von Kreipe, commander of all German forces preposterous that a small island dared to intuition, honed by the mortal risk they were in Crete, was abducted from his own head- stand up to the aggressor to preserve its free- facing, led them to fight with courage and quarters in April 1944 and transferred to a dom and defend its honor. Today, more than bravery. ‘‘Aim for the legs and you’ll get them POW camp in England. half a century later, the heroic events that took in the heart,’’ was the popular motto that sum- The German troops had never encountered place in the Battle of Crete remain etched in marized their hastily acquired battle experi- such resistance. Hitler had initially sent 12,000 the memory of people around the world. In ence. troops to Crete, thinking that the occupation

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would be swift. By the end of the 31⁄2 years of However, to ensure the integrity of The SPEAKER pro tempore. Under a occupation, Hitler had sent a total of 100,000 our elections, we must verify those previous order of the House, the gen- troops, to confront a little more than 5,000 who vote are actually registered voters tleman from North Carolina (Mr. Cretan Andarte fighters. These German troops and the person they claim to be. Pre- MCHENRY) is recognized for 5 minutes. could have been deployed somewhere else. venting election fraud and taking rea- (Mr. MCHENRY addressed the House. More German troops were lost during the oc- sonable precautions to do so are funda- His remarks will appear hereafter in cupation of Crete than in France, Yugoslavia mental in reassuring us all that our the Extensions of Remarks.) election results are a legitimate ex- and Poland combined. f pression of the will of the people. Most importantly, as a result of the battle in The SPEAKER pro tempore. Under a Crete, Hitler’s master plan to invade Russia Last year, Madam Speaker, the Geor- gia legislature passed, and Governor previous order of the House, the gen- before the coming of winter had to be post- tleman from New Jersey (Mr. PALLONE) poned, which resulted in the deaths of many Sonny Perdue signed into law a com- prehensive voter identification bill. is recognized for 5 minutes. German troops who were not properly pre- (Mr. PALLONE addressed the House. pared to survive the harsh Russian winter. This bill requires an individual to produce a photo ID in order to vote His remarks will appear hereafter in As we Americans know from our history, the Extensions of Remarks.) freedom does not come without a price. For rather than 1 of 17 different forms, in- their gallant resistance against the German in- cluding utility bills, bank statements, f vasion and occupation of their island, Cretans mail, and various non-photo licenses, The SPEAKER pro tempore. Under a which in no way guarantee that the paid a stiff price. Within the first 5 months of previous order of the House, the gen- possessor of the document is actually the Battle of Crete, 3,500 Cretans were exe- tleman from Indiana (Mr. BURTON) is the identified person. recognized for 5 minutes. cuted and many more were killed in the ensu- Madam Speaker, this law hit a slight ing 31⁄2 years of occupation. (Mr. BURTON of Indiana addressed speed bump when a Federal appeals the House. His remarks will appear Mr. Speaker, there are historical reasons court maintained an injunction on the why we Americans appreciate the sacrifices of hereafter in the Extensions of Re- voter ID law pending certain changes. marks.) the Cretan people in defending their island Thankfully in the opening weeks of during the Battle of Crete. We have a history this year’s legislative session, the f replete with similar heroic events starting with Georgia legislature and the governor The SPEAKER pro tempore. Under a our popular revolt that led to the birth of our quickly passed a bill making all the previous order of the House, the gentle- Nation more than two centuries ago. necessary changes ensuring every woman from Ohio (Ms. KAPTUR) is rec- We must always remember that as long as Georgian can obtain a free photo ID in ognized for 5 minutes. there are people willing to sacrifice their lives each and every one of Georgia’s 159 (Ms. KAPTUR addressed the House. for the just cause of defending the integrity counties. Her remarks will appear hereafter in and freedom of their country, there is always Madam Speaker, this path to reform the Extensions of Remarks.) hope for a better tomorrow. May we take in- has not been an easy one. Legislators f spiration from the shining example of the peo- on both sides of this issue feel very pas- The SPEAKER pro tempore. Under a ple of Crete in ensuring that this is indeed the sionately, and throughout this debate, previous order of the House, the gen- case. emotions ran high, and they will prob- tleman from California (Mr. ROHR- f ably continue to run high until these ABACHER) is recognized for 5 minutes. reforms are enacted and the law’s oppo- FORMER STATE SENATOR JOE (Mr. ROHRABACHER addressed the nents can see these reforms actually BURTON AND GEORGIA’S VOTER House. His remarks will appear here- help, not hinder, voters. ID LAW While this law may have a few more after in the Extensions of Remarks.) Mr. GINGREY. Madam Speaker, I legal tests to pass, it has been reviewed f ask unanimous consent to speak out of by the Department of Justice through- The SPEAKER pro tempore. Under a turn for 5 minutes. out the process. I remain confident previous order of the House, the gen- The SPEAKER pro tempore. Is there that, given a fair hearing, this law will tleman from Ohio (Mr. BROWN) is rec- objection to the request of the gen- stand all legal tests and will provide all ognized for 5 minutes. tleman from Georgia? Georgians with a more fair electoral (Mr. BROWN of Ohio addressed the There was no objection. process. House. His remarks will appear here- The SPEAKER pro tempore. Under a Madam Speaker, strengthening voter after in the Extensions of Remarks.) previous order of the House, the gen- confidence in the electoral process will f tleman from Georgia (Mr. GINGREY) is only encourage more people to vote. I The SPEAKER pro tempore. Under a recognized for 5 minutes. know this, and I know Senator Burton previous order of the House, the gen- Mr. GINGREY. Madam Speaker, I knew this when he helped lay the foun- tleman from Michigan (Mr. STUPAK) is rise today to congratulate my State of dation for this reform in the Georgia recognized for 5 minutes. Georgia on its new voter ID law which Senate. Now, with a Republican major- (Mr. STUPAK addressed the House. hopefully will be fully implemented ity in the Georgia legislature and a Re- His remarks will appear hereafter in soon. Additionally, I rise today to publican governor, these nonpartisan the Extensions of Remarks.) honor a friend and former Republican reforms will become a reality to colleague in the Georgia State Senate, strengthen the integrity of our elec- f Joe Burton of DeKalb County. tions for the sake of all Georgians. The SPEAKER pro tempore. Under a Though retired, Senator Burton was f previous order of the House, the gen- one of the legislature’s greatest pro- The SPEAKER pro tempore. Under a tleman from Tennessee (Mr. DUNCAN) is ponents of voter identification reform, previous order of the House, the gen- recognized for 5 minutes. as well one of the legislative architects tleman from California (Mr. GEORGE (Mr. DUNCAN addressed the House. of this reform. While he may no longer MILLER) is recognized for 5 minutes. His remarks will appear hereafter in be in the Georgia State Senate, the (Mr. George MILLER of California the Extensions of Remarks.) passage of this voter ID reform legisla- addressed the House. His remarks will f tion can be directly attributed to his appear hereafter in the Extensions of efforts. Remarks.) LEAVE OF ABSENCE Madam Speaker, Senator Burton, f By unanimous consent, leave of ab- like most of us, realized open and fair The SPEAKER pro tempore. Under a sence was granted to: elections are critical to the preserva- previous order of the House, the gen- Mr. BECERRA (at the request of Ms. tion of our democratic form of govern- tleman from Illinois (Mr. EMANUEL) is PELOSI) for today. ment. Every citizen has not only the recognized for 5 minutes. Ms. CORRINE BROWN of Florida (at the right but, in many ways, the obligation (Mr. EMANUEL addressed the House. request of Ms. PELOSI) for today and to choose their leaders through the His remarks will appear hereafter in May 23 on account of official business electoral process. the Extensions of Remarks.) in the district.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 May 22, 2006 CONGRESSIONAL RECORD — HOUSE H3015 Mr. CAPUANO (at the request of Ms. 7598. A letter from the Director, Office of to the Committees on Ways and Means and PELOSI) for today on account of his Congressional Affairs, Nuclear Regulatory Energy and Commerce. son’s graduation from Boston College. Commission, transmitting the Commission’s f final rule — List of Approved Spent Fuel Mr. LARSON of Connecticut (at the re- Storage Casks: FuelSolutions (TM) Cask REPORTS OF COMMITTEES ON quest of Ms. PELOSI) for today and May System Revision 4 (RIN: 3150-AH86) received PUBLIC BILLS AND RESOLUTIONS 23 on account of a family medical April 25, 2006, pursuant to 5 U.S.C. emergency. 801(a)(1)(A); to the Committee on Energy and Under clause 2 of rule XIII, reports of Mr. REYES (at the request of Ms. Commerce. committees were delivered to the Clerk PELOSI) for today on account of official 7599. A letter from the Deputy Director, for printing and reference to the proper business. Regulations and Rulings Division, Alcohol calendar, as follows: and Tobacco Tax and Trade Bureau, trans- Mr. RUPPERSBURGER (at the request Mr. BARTON of Texas: Committee on En- mitting the Bureau’s final rule — Adminis- ergy and Commerce. H.R. 5359. A bill to of Ms. PELOSI) for today on account of trative Changes to Alcohol, Tobacco and business in the district. amend the automobile fuel economy provi- Firearms Regulations Due to the Homeland sions of title 49, United States Code, to au- Mr. SNYDER (at the request of Ms. Security Act of 2002 [T.D. TTB-44] (RIN: 1513- thorize the Secretary of Transportation to PELOSI) for today. AA80) received April 26, 2006, pursuant to 5 set fuel economy standards for passenger Mr. GIBBONS (at the request of Mr. U.S.C. 801(a)(1)(A); to the Committee on automobiles based on one or more vehicle at- BOEHNER) for today and May 23 until Ways and Means. tributes (Rept. 109–475). Referred to the Com- 5:00 p.m. on account of personal rea- 7600. A letter from the Administrator, Of- mittee of the Whole House on the State of fice of Workforce Security, Department of the Union. sons. Labor, transmitting the Department’s final Mr. GRAVES (at the request of Mr. Mr. ROGERS of Kentucky: Committee on rule — Changes to UI Performs — received Appropriations. H.R. 5441. A bill making ap- BOEHNER) for today on account of per- April 4, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); sonal reasons. propriations for the Department of Home- to the Committee on Ways and Means. land Security for the fiscal year ending Sep- 7601. A letter from the Federal Register Mr. REHBERG (at the request of Mr. tember 30, 2007, and for other purposes (Rept. Certifying Officer, Department of the Treas- BOEHNER) for today through 5:00 p.m. 109–476). Referred to the Committee of the ury, transmitting the Department’s final May 23 on account of personal reasons. Whole House on the State of the Union. rule — Withholding of District of Columbia, Mr. HASTINGS of Washington: Committee f State, City and County Income or Employ- on Rules. House Resolution 830. Resolution ment Taxes by Federal Agencies (RIN: 1510- providing for consideration of the bill (H.R. SPECIAL ORDERS GRANTED AB06) received January 6, 2006, pursuant to 5 5384) making appropriations for Agriculture, U.S.C. 801(a)(1)(A); to the Committee on By unanimous consent, permission to Rural Development, Food and Drug Adminis- Ways and Means. address the House, following the legis- tration, and Related Agencies for the fiscal lative program and any special orders 7602. A letter from the Chief, Publications and Regulations Branch, Internal Revenue year ending September 30, 2007, and for other heretofore entered, was granted to: Service, transmitting the Service’s final rule purposes (Rept. 109–477). Referred to the (The following Members (at the re- — Announcement of Rules Implementing House Calendar. quest of Ms. JACKSON-LEE of Texas) to American Jobs Creation Act of 2004 Section Mr. SENSENBRENNER: Committee on the revise and extend their remarks and in- 415 Modifications of the Subpart F Treat- Judiciary. H.R. 9. A bill to amend the Voting clude extraneous material:) ment of Aircraft and Vessel Leasing Income Rights Act of 1965; with an amendment [Notice 2006-48] received May 4, 2006, pursu- (Rept. 109–478). Referred to the Committee of Mr. DEFAZIO, for 5 minutes, today. the Whole House on the State of the Union. Mr. GEORGE MILLER of California, for ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5 minutes, today. on Ways and Means. f 7603. A letter from the Chief, Publications Mr. EMANUEL, for 5 minutes, today. and Regulations Branch, Internal Revenue PUBLIC BILLS AND RESOLUTIONS Mr. PALLONE, for 5 minutes, today. Service, transmitting the Service’s final rule Under clause 2 of rule XII, public Ms. KAPTUR, for 5 minutes, today. — Administrative, Procedural, and Miscella- bills and resolutions were introduced Mr. BROWN of Ohio, for 5 minutes, neous (Rev. Proc. 2006-20) received April 7, and severally referred, as follows: today. 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. BARTON of Texas (for himself Mr. STUPAK, for 5 minutes, today. Committee on Ways and Means. and Mr. DINGELL): (The following Members (at the re- 7604. A letter from the Chief, Publications and Regulations Branch, Internal Revenue H.R. 5438. A bill to amend the Public quest of Mr. GINGREY) to revise and ex- Service, transmitting the Service’s final rule Health Service Act to transfer the National tend their remarks and include extra- — Low-Income Housing Credit (Rev. Rul. Disaster Medical System to the Department neous material:) 2006-14) received April 17, 2006, pursuant to 5 of Health and Human Services, and for other Mr. BURTON of Indiana, for 5 minutes, U.S.C. 801(a)(1)(A); to the Committee on purposes; to the Committee on Energy and May 23, 24, 25, and 26. Ways and Means. Commerce, and in addition to the Committee on Homeland Security, for a period to be Mr. ENGLISH of Pennsylvania, for 5 7605. A letter from the Regulations Coordi- subsequently determined by the Speaker, in minutes, May 24. nator, CMS, Department of Health and Human Services, transmitting the Depart- each case for consideration of such provi- Mr. BILIRAKIS, for 5 minutes, May 23, ment’s final rule — Medicare Program; Con- sions as fall within the jurisdiction of the 24, and 25. ditions for Payment of Power Mobility De- committee concerned. Mr. ROHRABACHER, for 5 minutes, vices, including Power Wheelchairs and By Mr. SMITH of Texas: today. Power-Operated Vehicles [CMS-3017-F] (RIN: H.R. 5439. A bill to amend title 17, United Mr. GINGREY, for 5 minutes, today. 0938-AM74) received April 5, 2006, pursuant to States Code, to provide for limitation of Mr. DUNCAN, for 5 minutes, today. 5 U.S.C. 801(a)(1)(A); jointly to the Commit- remedies in cases in which the copyright tees on Energy and Commerce and Ways and owner cannot be located, and for other pur- f Means. poses; to the Committee on the Judiciary. ADJOURNMENT 7606. A letter from the Regulations Coordi- By Mr. SMITH of Texas: nator, CMS, Department of Health and H.R. 5440. A bill to amend title 28, United Mr. GINGREY. Mr. Speaker, I move Human Services, transmitting the Depart- States Code, to clarify the jurisdiction of the that the House do now adjourn. ment’s final rule — Medicare Program; Medi- Federal courts, and for other purposes; to The motion was agreed to; accord- care Graduate Medical Education Affiliation the Committee on the Judiciary. ingly (at 10 o’clock and 13 minutes Provisions for Teaching Hospitals in Certain By Mr. ROGERS of Kentucky: p.m.), under its previous order, the Emergency Situations [CMS-1531-IFC] (RIN: H.R. 5441. A bill making appropriations for 0938-A035) received April 12, 2006, pursuant to the Department of Homeland Security for House adjourned until tomorrow, Tues- 5 U.S.C. 801(a)(1)(A); jointly to the Commit- the fiscal year ending September 30, 2007, and day, May 23, 2006, at 9 a.m., for morn- tees on Ways and Means and Energy and for other purposes. ing hour debate. Commerce. By Mr. EHLERS (for himself, Mr. f 7607. A letter from the Regulations Coordi- HOLT, Mrs. BIGGERT, and Mr. BOEH- nator, CMS, Department of Health and LERT): EXECUTIVE COMMUNICATIONS, Human Services, transmitting the Depart- H.R. 5442. A bill to amend the Elementary ETC. ment’s final rule — Medicare Program; Pay- and Secondary Education Act of 1965 to re- ment for Respiratory Assist Devices With Bi- quire the use of science assessments in the Under clause 8 of rule XII, executive level Capability and a Backup Rate [CMS- calculation of adequate yearly progress, and communications were taken from the 1167-F] (RIN: 0938-AN02] received January 30, for other purposes; to the Committee on Speaker’s table and referred as follows: 2006, pursuant to 5 U.S.C. 801(a)(1)(A); jointly Education and the Workforce.

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By Mr. NEY (for himself, Ms. WATERS, DAVIS of Tennessee, Mr. FORD, Mr. Mr. LEWIS of Kentucky, Mr. THOMAS, Mr. Mr. FRANK of Massachusetts, and Mr. HERGER, Mr. SCHWARZ of Michigan, MURTHA, Mr. MCNULTY, Mr. PLATTS, Mr. SHAYS): Ms. FOXX, Mr. POE, Mrs. JO ANN MCCOTTER, Mr. COLE of Oklahoma, Mr. POR- H.R. 5443. A bill to reform the housing DAVIS of Virginia, Mrs. MYRICK, Mr. TER, Mr. MCKEON, Mr. CHABOT, Mr. ISTOOK, choice voucher program under section 8 of STEARNS, Mr. BUYER, Mr. GOHMERT, Mr. KING of New York, Mrs. JOHNSON of Con- the United States Housing Act of 1937; to the Mr. DOOLITTLE, Mr. CANNON, Mr. necticut, Mr. EHLERS, and Mr. ROGERS of Committee on Financial Services. MCKEON, Mr. BURTON of Indiana, Mr. Michigan. By Mr. KNOLLENBERG: JENKINS, and Mr. ALEXANDER): H.R. 2939: Mr. MARSHALL. H.R. 5444. A bill to amend title 38, United H. Con. Res. 411. Concurrent resolution H.R. 2963: Ms. MCKINNEY. States Code, to provide for annual cost-of- commemorating the anniversary of, com- H.R. 3063: Ms. LEE. living adjustments to be made automatically mending, and reaffirming the national motto H.R. 3282: Mr. CRENSHAW. by law each year in the rates of disability of the United States on the 50th anniversary H.R. 3547: Ms. CARSON. compensation for veterans with service-con- of its formal adoption; to the Committee on H.R. 4023: Mr. JEFFERSON, Ms. MCKINNEY, nected disabilities and the rates of depend- the Judiciary. Mr. PASTOR, Mr. COBLE, Mr. SALAZAR, Mr. ency and indemnity compensation for sur- By Ms. ROS-LEHTINEN (for herself, CRAMER, and Mr. MCGOVERN. vivors of certain service-connected disabled Ms. BERKLEY, Mr. WEXLER, Mr. H.R. 4033: MR. LAHOOD, Mr. FERGUSON, Mr. veterans; to the Committee on Veterans’ Af- MCCOTTER, Mr. PENCE, Mr. CANTOR, GERLACH, Mr. LEWIS of Kentucky, Mr. fairs. Mr. GARRETT of New Jersey, Mr. BUR- LEWIS of Georgia, Mr. FOSSELLA, Mr. By Mr. PRICE of Georgia (for himself, TON of Indiana, Mr. POMBO, Mr. KING CARDIN, Mr. GEORGE MILLER of California, Mr. BACHUS, and Mr. SCOTT of Geor- of Iowa, Mr. RYUN of Kansas, Mr. Mr. DELAHUNT, Mr. COBLE, Ms. MATSUI, Mr. gia): MCHENRY, Mr. ENGEL, Mrs. JO ANN CUELLAR, Mr. SOUDER, Mr. FRANKs of Ari- H.R. 5445. A bill to provide clarification re- DAVIS of Virginia, Mr. CROWLEY, Mr. zona, Mr. JOHNSON of Illinois, Mr. MCIN- lating to credit monitoring services; to the CANNON, Mr. CHANDLER, Mr. CHABOT, TYRE, Mrs. EMERSON, Mr. PLATTS, Mr. Committee on Financial Services. and Mr. ACKERMAN): LANGEVIN, Mr. KING of New York, Ms. By Mr. JINDAL: H. Con. Res. 412. Concurrent resolution SCHAKOWSKY, Mr. LUCAS, Mr. GONZALEZ, H.R. 5446. A bill to direct the Adminis- commemorating the thirty-ninth anniver- Mr. ISRAEL, Mr. SULLIVAN, and Mr. EHLERS. trator of the National Oceanic and Atmos- sary of the reunification of the city of Jeru- H.R. 4197: Mr. ABERCROMBIE and Mr. pheric Administration to report to the Con- salem; to the Committee on International SERRANO. gress on the effects of Hurricanes Katrina, Relations. H.R. 4259: Mr. HIGGINS. Rita, and Wilma on the fisheries and fish By Ms. KAPTUR: H.R. 4704: Ms. LEE. habitat of the United States; to the Com- H. Res. 831. A resolution to support the H.R. 4747: Mr. RAMSTAD, Mr. GENE GREEN of mittee on Resources. goals of an annual National Time-Out Day to Texas, Mr. SHERWOOD, Mr. PALLONE, Mr. By Mr. JINDAL: promote patient safety and optimal out- GEORGE MILLER of California, Mr. PLATTS, H.R. 5447. A bill to amend the Magnuson- comes in the operating room; to the Com- Mrs. DAVIS of California, Ms. CARSON, Mr. Stevens Fishery Conservation and Manage- mittee on Energy and Commerce. SHAYS, Mr. GOODE, Ms. DELAURO, Ms. MCKIN- ment Act to authorize the Secretary of Com- NEY, Mrs. JONES of Ohio, and Mr. merce to establish a regional economic tran- f FORTENBERRY. sition program to provide immediate dis- ADDITIONAL SPONSORS H.R. 4755: Mr. FORD. aster relief assistance to the fishermen, H.R. 4854: Mr. ROGERS of Kentucky. charter fishing operators, United States fish Under clause 7 of rule XII, sponsors H.R. 4890: Mr. CRENSHAW and Mr. HYDE. processors, and owners of related fishery in- were added to public bills and resolu- H.R. 4942: Mr. DAVIS of Kentucky. frastructure affected by a catastrophic re- tions as follows: H.R. 4953: Mrs. MILLER of Michigan. gional fishery disaster, and for other pur- H.R. 4974: Mr. DAVIS of Illinois. poses; to the Committee on Resources. H.R. 98: Mr. UDALL of Colorado. H.R. 4982: Ms. HART. By Mr. JINDAL: H.R. 115: Mr. DOYLE. H.R. 4992: Mr. EDWARDS. H.R. 5448. A bill to establish the Louisiana H.R. 136: Mr. WHITFIELD. H.R. 4997: Mr. MCDERMOTT. Hurricane and Flood Protection Council for H.R. 202: Mr. SANDERS. H.R. 5067: Mr ALEXANDER. the improvement of hurricane and flood pro- H.R. 558: Ms. MATSUI. H.R. 5134: Mr. SOUDER, Ms. BALDWIN, and tection in Louisiana; to the Committee on H.R. 559: Mr. DAVIS of Illinois and Ms. ZOE Mr. LANGEVIN. Transportation and Infrastructure. LOFGREN of California. H.R. 5150: Mr. CONYERS, Mr. DAVIS of Illi- By Mr. LATOURETTE: H.R. 676: Mr. DOYLE and Mr. MEEHAN. nois, Mr. FARR, and Mr. PETERSON of Min- H.R. 5449. A bill to amend title 49, United H.R. 713: Mr. FORD. nesota. States Code, to modify bargaining require- H.R. 745: Mr. EDWARDS. H.R. 5159: Mr. PLATTS and Mr. BRADLEY of ments for proposed changes to the personnel H.R. 759: Mrs. MCCARTHY. New Hampshire. management system of the Federal Aviation H.R. 881: Mr. LEWIS of Georgia. H.R. 5201: Mr. HEFLEY. Administration; to the Committee on Trans- H.R. 1227: Mr. TANCREDO, Mr. PASCRELL, H.R. 5230: Mr. WELDON of Florida. portation and Infrastructure. Mr. WALDEN of Oregon, and Mr. MILLER of H.R. 5249: Mr. FERGUSON. H.R. 5250: Mr. FOSSELLA, Mr. CLYBURN, Mr. By Mr. EHLERS (for himself, Mr. North Carolina. GRIJALVA, Mr. MILLER of North Carolina, Mr. BOEHLERT, and Mr. GILCHREST): H.R. 1249: Mr. FITZPATRICK of Pennsyl- H.R. 5450. A bill to provide for the National vania. KENNEDY of Minnesota, and Mr. CRAMER. H.R. 5289: Mr. ALEXANDER. Oceanic and Atmospheric Administration, H.R. 1315: Mr. CONAWAY. H.R. 5291: Mrs. BLACKBURN and Mr. ALEX- and for other purposes; to the Committee on H.R. 1425: Mr. RANGEL. ANDER. Science, and in addition to the Committee H.R. 1548: Mrs. CUBIN, Mr. MILLER of North H.R. 5316: Mr. BUTTERFIELD. on Resources, for a period to be subsequently Carolina, Ms. LEE, and Mr. PRICE of Georgia. H.R. 5333: Ms. SCHWARTZ of Pennsylvania, determined by the Speaker, in each case for H.R. 1558: Mr. YOUNG of Alaska. Mr. SNYDER, Ms. MATSUI, Mr. FORTENBERRY, consideration of such provisions as fall with- H.R. 1578: Mr. FARR. and Mr. GONZALEZ. in the jurisdiction of the committee con- H.R. 1598: Mr. BOSWELL. H.R. 5346: Mrs. SCHMIDT. H.R. 1749: Mr FORD. cerned. H.R. 5347: Ms. HARRIS and Mr. RENZI. By Mrs. MILLER of Michigan (for her- H.R. 2121: Ms. HOOLEY. H.R. 5399: Mr. MORAN of Virginia, Mr. self and Mr. REHBERG): H.R. 2328: Mr. ISTOOK. LOBIONDO, and Mrs. EMERSON. H.R. 5451. A bill to prevent congressional H.R. 2498: Mr. BOOZMAN. H.R. 5401: Mr. POMEROY and Mr. CARNAHAN. reapportionment distortions; to the Com- H.R. 2808: Mr. KLINE, Mr. PAYNE, Mr. SABO, H.R. 5423: Mr. TOWNS. mittee on Government Reform. Mrs. CUBIN, Mr. KENNEDY of Minnesota, Mr. H. Con. Res. 338: Mr. PENCE, Ms. HARRIS, By Mr. DUNCAN (for himself, Mr. WAMP, Mr. BARRETT of South Carolina, Mr. Mr. CROWLEY, Mr. WILSON of South Carolina, PITTS, Mr. GINGREY, Mrs. BLACKBURN, BUYER, Mr. CHOCOLA, Mr. BRADLEY of New Mr. POMBO, and Mr. SHIMKUS. Mr. ROGERS of Kentucky, Mr. WAMP, Hampshire, Mr. SAXTON, Mr. HOLDEN, Mr. H. Con. Res. 380: Ms. LINDA T. SA´ NCHEZ of Mr. GOODE, Mr. SULLIVAN, Mr. SES- GUTKNECHT, Mr. LINDER, Mrs. MCCARTHY, Mr. California and Mr. MEEKS of New York. SIONS, Mr. WILSON of South Carolina, DOYLE, Mr. STUPAK, Mr. TERRY, Mr. H. Con. Res. 393: Mr. SCOTT of Virginia and Mr. HAYES, Mr. WELDON of Florida, FORTENBERRY, Ms. ROS-LEHTINEN, Mr. Ms. MCKINNEY. Mr. TANCREDO, Mr. LEWIS of Ken- BOUSTANY, Mr. WU, Mr. AL GREEN of Texas, H. Con. Res. 401: Ms. BORDALLO, Mr. LEWIS tucky, Mr. KING of Iowa, Mr. Mr. TANNER, Mr. ROGERS of Kentucky, Mr. of Georgia, Mr. GRIJALVA, Mr. HINOJOSA, and HOSTETTLER, Mr. MCCOTTER, Mr. JENKINS, Mr. BILIRAKIS, Mr. TIBERI, Ms. Ms. ESHOO. TERRY, Mr. RYUN of Kansas, Mr. HART, Mr. WALSH, Mr. BLUNT, Mr. BURGESS, H. Con. Res. 408: Mr. BROWN of South Caro- WESTMORELAND, Mr. MILLER of Flor- Mr. PITTS, Mr. SMITH of Texas, Ms. PRYCE of lina, Mr. FORTUN˜ O, Mr. WILSON of South ida, Mr. SHIMKUS, Mr. TIAHRT, Mr. Ohio, Mr. BROWN of South Carolina, Mr. Carolina, Mr. BASS, Mr. MANZULLO, Mr. KUHL of New York, Mr. CHABOT, Mr. PETRI, Mr. BROWN of South Carolina, Mr. ENGEL, Mr. TIAHRT, Mrs. MILLER of Michi- PICKERING, Mr. JONES of North Caro- PETRI, Mr. STEARNS, Mr. FRELINGHUYSEN, gan, Mr. MCCOTTER, and Mr. KUHL of New lina, Mr. EVERETT, Mr. SOUDER, Mr. Mr. REGULA, Mr. FRANK of Massachusetts, York.

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H. Res. 466: Mr. RUPPERSBERGER. minister the National Animal Identification a premium reduction under such section for H. Res. 763: Mr. DAVIS of Illinois. System. the 2006 reinsurance year. H. Res. 784: Mr. PAYNE. H.R. 5384 H.R. 5384 H. Res. 785: Mr. WAXMAN. OFFERED BY: MR. KENNEDY OF MINNESOTA H. Res. 790: Ms. MCKINNEY. OFFERED BY: MR. LATHAM H. Res. 799: Mr. LANTOS, Mr. ENGEL, and AMENDMENT NO. 17: Page 9, line 10, insert AMENDMENT NO. 16: Strike section 741 (page Mr. MCNULTY. after the first dollar amount the following: 78, lines 8 through 17), and insert the fol- H. Res. 826: Mr. WOLF and Mr. SABO. ‘‘(reduced by $500,000)’’. lowing new section: Page 19, line 8, insert after the first dollar f SEC. 741. None of the funds appropriated or amount the following: ‘‘(increased by AMENDMENTS otherwise made available by this Act shall $500,000)’’. be used to pay salaries and expenses of per- H.R. 5384 Under clause 8 of rule XVIII, pro- sonnel who implement or administer section posed amendments were submitted as 508(e)(3) of the Federal Crop Insurance Act (7 OFFERED BY: MR. HOLT follows: U.S.C. 1508(e)(3)) or any regulation, bulletin, AMENDMENT NO. 18: Page 5, line 15, after policy, or agency guidance issued pursuant the dollar amount, insert the following: ‘‘(re- H.R. 5384 to such section for the 2007 and the 2008 rein- duced by $3,145,000)’’. OFFERED BY: MR. PAUL surance years, except that funds are avail- Page 17, line 14, after the dollar amount, AMENDMENT NO. 15: At the end of the bill able to administer such section for policies insert the following: ‘‘(increased by (before the short title), insert the following for those producers who, before the date of $3,145,000)’’. new sections: the enactment of this Act, had in effect a Page 17, line 24, after the dollar amount, SEC. ll. None of the funds made available crop year 2006 crop insurance policy from a insert the following: ‘‘(increased by in this Act may be used to implement or ad- company eligible for the opportunity to offer $3,145,000)’’.

VerDate Aug 31 2005 01:02 May 26, 2006 Jkt 000000 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 D:\FIX-CR\H22MY6.REC H22MY6 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, SECOND SESSION

Vol. 152 WASHINGTON, MONDAY, MAY 22, 2006 No. 64 Senate The Senate met at 1 p.m. and was Mr. CRAIG assumed the chair as Act- colleague, to be Secretary of the Inte- called to order by the Honorable CRAIG ing President pro tempore. rior. This week the Hayden nomination THOMAS, a Senator from the State of f may be available from the Intelligence Wyoming. Committee as well. RECOGNITION OF THE MAJORITY We have the nominations of Sue PRAYER LEADER Schwab for the USTR and Rob The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- Portman for OMB—a number of nomi- fered the following prayer: pore. The majority leader is recog- nations. Let us pray. nized. Needless to say, the days will go Sovereign Lord, guide our Senators f quickly, and we will need to work to- gether in a collaborative, collegial way today. Teach them to express in word SCHEDULE and deed the spirit of justice. Teach to get our business completed prior to them to discharge their duties that Mr. FRIST. Mr. President, today we the start of the recess. other nations may see our true value will be debating the comprehensive im- Finally, in order to get all of this and honor our decisions. Teach them to migration bill. Several Senators will be done, Friday votes are likely if we are labor with such integrity that this Na- coming over throughout the day to dis- to complete this busy agenda. tion will be one we profess, a land of cuss either pending amendments or I yield the floor. liberty and justice for all. Teach them amendments to be proposed. At this to work not only for time but also for point we have at least two amendments f eternity. So order their steps with scheduled for votes beginning at 5:30 RECOGNITION OF THE MINORITY Your wisdom that Your will might be today. The first vote will be on the LEADER done on Earth. We pray in Your holy Chambliss amendment relating to wage Name, Amen. requirements for agricultural workers. The ACTING PRESIDENT pro tem- The second vote will be on the Ensign pore. The minority leader is recognized f amendment which relates to the use of PLEDGE OF ALLEGIANCE the National Guard. f The Honorable CRAIG THOMAS led the Other amendments may be offered today, and we hope to schedule debate DEFENSE AUTHORIZATION AND Pledge of Allegiance, as follows: SUPPLEMENTAL APPROPRIATIONS I pledge allegiance to the Flag of the and votes on those amendments. United States of America, and to the Repub- I thank my colleagues for helping us Mr. REID. Mr. President, if I could lic for which it stands, one nation under God, move the bill forward to this point. We ask the distinguished majority leader a indivisible, with liberty and justice for all. will finish the bill this week, and I be- couple of questions, we had a lot of f lieve Senators will agree to reasonable trouble last year and we finally worked debate on amendments and we can fin- something out on the Defense author- APPOINTMENT OF ACTING ish that bill in relatively short order. ization bill. This is such an important PRESIDENT PRO TEMPORE We have other issues to consider this bill, and I hope in the planning which The PRESIDING OFFICER. The week prior to the recess. We will ad- is taking place that we will find some clerk will please read a communication dress a supplemental appropriations time to spend on that most important to the Senate from the President pro conference report when that measure is piece of legislation. I ask the majority tempore (Mr. STEVENS). available for floor action. We also will leader if we have an idea how the sup- The legislative clerk read the fol- be considering other conference reports plemental is coming along? The reason lowing letter: that may be raised this week. I ask the question is there is no end of U.S. SENATE, We have several important nomina- questions coming to me and people say- PRESIDENT PRO TEMPORE, tions that are available, or soon will be ing it is really important to get this Washington, DC, May 22, 2006. available, after committee action for done before we leave. To the Senate: the full Senate to consider. The Mr. FRIST. Mr. President, on the De- Under the provisions of rule I, paragraph 3, Kavanaugh nomination is on the Exec- fense authorization, I have talked to of the Standing Rules of the Senate, I hereby utive Calendar and will be voted on both the chairman and ranking mem- appoint the Honorable CRAIG THOMAS, a Sen- ator from the State of Wyoming, to perform this week. Other nominations are in ber, as I am sure the Democratic leader the duties of the Chair. committee and will become available. has, and have asked them to do their TED STEVENS, We have the nomination, for exam- very best to address how we can best President pro tempore. ple, of Dirk Kempthorne, our former bring that bill to the floor and have

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

S4847

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VerDate Aug 31 2005 03:08 May 23, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.000 S22MYPT1 rfake on PROD1PC64 with SENATE S4848 CONGRESSIONAL RECORD — SENATE May 22, 2006 reasonable time for debate and amend- deficiencies and came back and joined Congress said must be a year of signifi- ment where we don’t have to be start- the Marine Corps. She was very proud cant transition. That is the law of the ing and stopping and starting and stop- of him. She showed me a picture of his land. It passed on a bipartisan vote ping like we had to do over the last arrival in Iraq with his camera that he during the Defense authorization bill. several years. Both of them are work- used which was part of his job in Iraq. An amendment was offered and passed ing very hard in that regard. It is a The mothers told the same story. on a bipartisan basis saying that the high priority. They knew when their sons had been year 2006 must be a year of significant I agree with the Democratic leader. killed. transition in Iraq, with Iraqis assum- We want to address it as soon as pos- Ms. Salazar was shopping in a mall, ing responsibility for governing and se- sible. The supplemental bill is in com- and that afternoon her son’s picture curing their own country. mittee now. I have met with leadership kept falling out of her purse. She was Unfortunately, there appears to be involved in that bill, in terms of the so troubled she went home, and during little evidence of this transition. In managers on Thursday night and with the day she went to sleep, which was fact, we learned on Friday that there the House as well. I was advised to let unusual. The time was assessed there- will be an increase in U.S. troops to them work hard and aggressively over after. She slept from the time he was deal with the recent surge in violence. these last what has now been 3 or 4 injured until the time he died. The But none of us should be surprised that days, and I will get a report back later same thing happened to Helena Lukac. this administration in this instance is today. She was at work. She described her not following the law. It hasn’t on I, too, have been both advised and feeling as ‘‘a nut with nothing inside many other occasions. called by a number of people, both from it.’’ She felt empty. April was the deadliest month of the the Department of Defense, our mili- I expressed to them my sorrow and year for coalition troops. If the current tary, and it is clear that this money is sympathy and the appreciation of a rate of violence is sustained, May will needed. We need to work together to grateful nation for these two young surpass April. The situation is similar accomplish that this week. That is my men having given their lives. It was a for Iraq’s security personnel. More Iraq intention. very emotional experience to hear the military and police were killed in April After I talk to our conferees later mothers talk about PFC John Lukac than any time in the previous 6 today, I can get back in terms of killed in Anbar Province and CPL Wil- months. Economically, the trends are no bet- whether that is going to be possible, liam Salazar in Karabilah, Iraq. ter. Oil production is still about 400,000 but we are working very hard. f barrels per day, less than it was prior Mr. President, I see the Senator from FORMATION OF IRAQI to the war. Available electricity in Iowa. I want to make a statement. If GOVERNMENT Baghdad dropped from 16 hours per day the Senator from Iowa would allow me prior to the war to its current average to suggest the absence of a quorum so Mr. REID. Mr. President, like most Americans, I welcomed the news over of 4 hours per day. Clean water is below I can speak to the leader, and I will be prewar levels, and because of mis- back and talk, it shouldn’t be too long. the weekend that the Iraqi political leaders had created parts of a new gov- management and violence, only 49 of I suggest the absence of a quorum. the 136 U.S. funded projects in the The ACTING PRESIDENT pro tem- ernment. It is certainly a useful step toward the kind of Iraq we all want to water sector will be completed. The pore. The clerk will call the roll. rest have been abandoned. All of these The legislative clerk proceeded to see. Like most Americans, I hope this factors reduce Iraq’s support for our call the roll. activities there and fuel anti-American Mr. REID. Mr. President, I ask unan- new government will be able to bring security and order to a country sentiment and insurgent activity. imous consent that the order for the While we all should welcome this par- wracked by insurgency, extremist at- quorum call be dispensed with. tially formed new government, we re- tacks, and sectarian strife. We know The ACTING PRESIDENT pro tem- call other political milestones that more work needs to be done, both with pore. Without objection, it is so or- were achieved and quickly swallowed forming this government and with dered. by more violence. For example, since fashioning a secure and stable Iraq. f the December election, 325 coalition Three of the most important security HORNORING OUR ARMED FORCES troops have been killed. ministers are still unnamed. That is In order to ensure the milestone pro- PRIVATE FIRST CLASS JOHN LUKAC AND hard to comprehend. We have been duces a different, more lasting result, CORPORAL WILLIAM SALAZAR waiting and waiting for a cabinet to be Iraqis, working with the Bush adminis- Mr. REID. Mr. President, I just fin- formed, but is it really a cabinet? As tration, must address outstanding ished a meeting in my office. It was unbelievable as it may seem to many, issues surrounding their Constitution. emotional, to say the least. Two moth- there is even talk of disgraced Ahmed They must form a police force and dif- ers—both mothers of Marine Corps Chalabi filling one of those security fuse the sectarian conflicts which have men—came to my office to tell me posts. That is hard to comprehend, but left their country on the brink of civil about their boys who were killed in that is what the news accounts indi- war, if not in a civil war. Iraq. I asked each of them to tell me cate. Let’s not forget that while the Presi- about their sons. I wonder how much longer this ad- dent and his team have chosen to focus Helena Lukac, of Hungarian ances- ministration will insist that the bur- this Nation’s attention on Iraq, we see try, a beautiful woman, spoke with an den of securing Iraq continue to fall resurgent Taliban activity in Afghani- accent telling me about her boy. He squarely on the backs of our heroic stan. Iran and North Korea are thumb- had better than a 4-point grade average U.S. troops, troops such as John Lukac ing their noses at the international at Durango High School. He loved and William Salazar. Secretary Rums- community, and there has been a surge math and science. He wanted to be an feld was asked the question in Senate in terror attacks across the globe. FBI agent or a CIA operative. hearings last week. It turned out to be Also, the mastermind of the deadly at- He told his mom: I am not sure I can a question he could not answer. This tacks on this Nation, Osama bin Laden, do that because we came from a Com- past weekend, when he was asked remains at large, while his al-Qaida munist country. I am not sure they about the possible redeployment of network has morphed into a global would let me do that. U.S. forces in Iraq coming home, going franchise operation. He joined the Marine Corps when he someplace else, Secretary Rice said This is a time of great challenge for was 18, and at 19 years old he was that it depends on the outcome of dis- our Nation and for the Iraqis. Great killed. cussions with the Iraqi Government. challenges require strong leadership. Gloria Salazar’s son was 23 when he Apparently, Secretary Rice believes Today’s speech by the President was was killed. He wanted to be in the Ma- Iraqi leaders should decide the fate of yet another missed opportunity to pro- rine Corps from the time he was little, our troops. vide that leadership. We heard little but at the first attempt he couldn’t We are almost at the midpoint of about his plan to engage Iraq’s neigh- pass the physical. But he worked on his 2006, the year a bipartisan majority in bors in finding a regional solution to

VerDate Aug 31 2005 03:08 May 23, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.002 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4849 Iraq’s problems. We heard little about Mr. DOMENICI. Mr. President, I un- Many Americans must be wondering, his diplomatic efforts to end the sec- derstand the time is now reserved for what have we been doing all these tarian strife. We heard little about his the Senator from New Mexico to speak years in all these appropriations bills thoughts on how to put Iraq’s recon- on the pending matter; is that correct? when we have talked so much? The struction back on track. We heard lit- The ACTING PRESIDENT pro tem- truth is, we have done little. But we tle of what he is doing to counter ex- pore. The Senator may proceed. are doing more now. treme ideology making such dangerous Mr. DOMENICI. Mr. President, I rise Second, we need more border security inroads in Iraq and around the world. today to speak about border security provisions as part of border security Instead of kicking the can down the and the immigration reform bill. I have and immigration reform legislation. road and letting future Presidents find some very strong views on this issue Many security provisions in the cur- our way out of Iraq, as we have been because my home State shares its rent border and immigration bill are told by Secretary Rice and the Presi- southern border with Mexico. Every good, but they are not enough. I have dent himself will happen, it is time for day I hear stories about the problems filed three amendments to the bill the President to lay out the com- of lax border security, a cause for con- which I will discuss shortly. I under- prehensive strategy that our troops, cern among my constituents. They tell stand and think once Senators have our families, and the American people me directly the problems this causes. I heard these amendments and the man- have been waiting for. They have been am convinced we must do more to se- agers have had a chance to review waiting a long time. cure our borders than we have been them, they may be accepted. The Nation should no longer have to doing. However, I am very pleased we Lastly, we should try to address what guess what is on the President’s mind are making headway. I hope, in the not to do with the millions of undocu- and grapple for some insight on what too distant future, the American peo- mented workers in America today. In ‘‘condition based’’ withdrawal actually ple will see the fruits of that headway. March, I joined with a bipartisan group means, a phrase the Defense Secretary I hope I can explain in my time allot- of Senators to support what has been does not even understand. We should ted how we are going to do more and called the Hagel-Martinez compromise. all understand, a full-page ad in major what we are doing. I supported the compromise in hopes newspapers around the country, paid Border security and immigration en- that it would allow a border security for by current CEOs, says Secretary forcement should be top priorities in and immigration bill to move forward. Rumsfeld should go. These are CEOs of our debate this week. Whether they are I also supported it because, as I under- some of the major companies in Amer- top priorities will influence my vote on stand the bill, anyone who came to the ica. ‘‘Condition based withdrawal’’ is a any border and immigration package United States illegally after January 7 phrase the Defense Secretary does not considered in the Senate. of 2004 receives no special treatment; understand. It is time for a clear plan The first step to secure our border is that is, those hundreds of thousands of that is as good as the men and women more border security funding. I believe people who have been running to the who serve our Nation each day. It is Senator JUDD GREGG, as chairman of border or who have been taken to the time for the Iraqi people to take con- the Appropriations Subcommittee on border, who have purchased their way trol of their own country, their own af- Homeland Security, understands this. to the border in the last few months, fairs, and long past time for this ad- Sometimes it has been difficult to let will receive no special treatment. It is ministration to come up with a plan the American people hear what is going my understanding these individuals— that places the burden of securing Iraq on, what he is doing in his sub- that is, post-January 7, 2004 illegal en- forces on Iraq itself. The burden of se- committee, what the Senate is doing trants—would be subject to removal curing Iraq should be on Iraqis, not the when it follows his lead, and what hap- and deportation under existing immi- United States. We have done a lot. pens when we finish work with the gration laws. The record needs to clear- Even though the news over the week- House on the bills that start out in his ly reflect that. end creating part of the new govern- committee. That means one group of people that ment is a step forward, we still have a He helped us provide $635 million for Americans are wondering about will long way to go. border security in fiscal year 2005 in an not receive any special privileges under I apologize to my friend from Iowa emergency supplemental appropria- this bill. They are sort of the Johnny- for taking as much time as I did. I ap- tions bill. With his efforts, we provided come-latelies who have run to the bor- preciate very much his courtesy, as more than $9 billion for border security der thinking if they can get here quick usual. and immigration enforcement in the enough they will be included in our im- f fiscal year 2006 Homeland Security ap- migration reform efforts. But it is my propriations bill. He worked to include understanding that these individuals RESERVATION OF LEADER TIME $1.9 billion for border security in the would be subject to removal and depor- The ACTING PRESIDENT pro tem- Senate fiscal year 2006 emergency sup- tation under existing immigration law. pore. Under the previous order, the plemental appropriations bill. Add that I repeat that because I believe a num- leadership time is reserved. up, and one can understand that Con- ber of Senators, on this side of the aisle f gress is finally responding to the gigan- at least, are indicating their support tic needs of making our international COMPREHENSIVE IMMIGRATION for this bill because they believe that borders secure. REFORM ACT OF 2006 is in the bill. The fiscal year 2006 emergency sup- As the most senior Senator rep- The ACTING PRESIDENT pro tem- plemental funding I have alluded to in- resenting a southwest border State, I pore. Under the previous order, the cludes such items as $100 million for would like to now discuss the amend- Senate will resume consideration of S. sensors and surveillance technology; ments I have filed, which I believe 2611, which the clerk will report. $120 million for new Border Patrol sta- make eminent sense and should be ac- The legislative clerk read as follows: tions, checkpoints, and vehicle bar- cepted by the Senate. A bill (S. 2611) to provide for comprehen- riers; $80 million for Border Patrol ve- The first is an amendment regarding sive immigration reform and for other pur- hicles; and $790 million for border secu- Mexican cooperation. This amendment poses. rity helicopters and other air assets. will require the Secretary of State to Pending: Believe it or not, until recently, while cooperate with Mexico to improve bor- Ensign/Graham modified amendment No. we have talked a great deal about the der security and to reduce border 4076, to authorize the use of the National Border Patrol and what they must do, crime. The amendment is the result of Guard to secure the southern border of the United States. they had helicopters from the Vietnam a lot of hard work and is cosponsored Chambliss/Isakson amendment No. 4009, to era. We have finally decided to buy by the distinguished Senator from Con- modify the wage requirements for employers them a new fleet of helicopters. After necticut, Mr. DODD, who is very famil- seeking to hire H–2A and blue card agricul- all these years of talking, we are fi- iar with the border problems and the tural workers. nally doing something. Also, we in- problems with Mexico. The ACTING PRESIDENT pro tem- cluded $50 million for an upgraded CBP I would like to read that amendment pore. The Senator from New Mexico. communications system. because a reading of it does more than

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.003 S22MYPT1 rfake on PROD1PC64 with SENATE S4850 CONGRESSIONAL RECORD — SENATE May 22, 2006 I could do by trying to summarize it. improve border security; reduce human and her state is impacted by this This amendment has as its purpose: smuggling, drug trafficking, violence amendment. It has to do with the inad- To improve coordination between the against women, and to inform Mexican equate number of Federal judges that United States and Mexico regarding border nationals of the benefits of U.S. immi- is going to result when this new law is security, criminal activity, circular migra- gration. I have just read the amend- put into effect. The U.S. district courts tion, and for other purposes. ment in its entirety on each of these in the southwest are overly burdened (a) COOPERATION REGARDING BORDER SECU- subjects. with immigration caseloads. We must RITY.—The Secretary of State, in coopera- Mexico must do its part in this ini- have additional judges, as rec- tion with the Secretary of Homeland Secu- rity and representatives of Federal, State, tiative. ommended by the 2005 Judicial Con- and local law enforcement agencies that are On Sunday, there was an Associated ference. involved in border security and immigration Press article titled ‘‘Mexico Works to Let me explain. While immigration enforcement efforts, shall work with the ap- Bar Non-Natives from Jobs.’’ That arti- cases typically go before immigration propriate officials from the Government of cle says—and I quote— judges, repeat offenders can be charged Mexico to improve coordination between the Even as Mexico presses the United States with felonies and tried in Federal dis- United States and Mexico regarding— to grant unrestricted citizenship to millions trict court. As a result, four of our dis- (1) improved border security along the of undocumented Mexican migrants, its offi- trict courts have immigration case- international border between the United cials at times calling U.S. policies loads that total more than 50 percent States and Mexico; ‘‘xenophobic,’’ Mexico places daunting limi- of their total criminal filings. (2) the reduction of human trafficking and tations on anyone born outside its territory. The fiscal year 2004 immigration smuggling between the United States and Mexico; Mexico expects us to have much more caseload for the Southern District of (3) the reduction of drug traffic and smug- humane, much more liberal, and much Texas totaled 3,668 filings. This is more gling between the United States and Mexico; more constructive immigration poli- than 65 percent of the district’s 5,599 (4) the reduction of gang membership in cies in our Nation than it is willing to criminal filings. the United States and Mexico; implement within its own borders. Can The District Court for Arizona had (5) the reduction of violence against you imagine the uproar if we were to 2,404 immigration filings, more than 59 women in the United States and Mexico; and try to make our immigration policies percent of the district’s 4,007 criminal (6) the reduction of other violence and filings. criminal activity. anything like the policies of Mexico? In addition to changing its own im- The Southern District of California Next: migration policies, Mexico has some had 2,206 immigration filings. That is (b) COOPERATION REGARDING EDUCATION ON other responsibilities, in my view. How more than 64 percent of its total 3,400 IMMIGRATION LAWS.—The Secretary of State, many of its citizens, seeking economic criminal filings. in cooperation with other appropriate Fed- The district court for my home State eral officials, shall work with the appro- sustenance, does Mexico expect us to take before it reforms its own eco- of New Mexico had 1,502 immigration priate officials from the Government of Mex- filings. That is more than 60 percent of ico to carry out activities to educate citizens nomic policies? Estimates released over the weekend its total of 2,497 criminal filings. and nationals of Mexico regarding eligibility I am glad we are improving border se- for status as a non-immigrant under United reveal that about 10 percent of the curity and interior enforcement with States’ law to ensure that the citizens and Mexican workforce now works not in this legislation. But, obviously, we nationals are not exploited while working in its homeland but in the United States, must also provide the adequate ma- the United States. and that 10 percent provides about 15 (c) COOPERATION REGARDING CIRCULAR MI- chinery to go along with that, and that percent of the Mexican national in- GRATION.—The Secretary of State, in co- means enough Federal judges to handle operation with the Secretary of Labor and come. the caseload that will be generated. other appropriate Federal officials, shall We have an unusual, perhaps unique, In short, if we put more Border Pa- work with the appropriate officials from the situation along the border between the trol agents and immigration personnel Government of Mexico to improve coordina- United States and Mexico. On no other on the southwestern border, we need to tion between the United States and Mexico border of this length in the world does to encourage circular migration, including provide more resources to the other such a disparity exist between the eco- Federal agencies that also deal with assisting in the development of economic op- nomic prowess and programs of the two portunities and providing job training for immigration. citizens and nationals in Mexico. nations sharing such a border. The immigration bill recognizes this (d) ANNUAL REPORT.—Not later than 180 Here is America, the leading econ- to some degree by calling for more days after the date of enactment of this Act, omy in the world, bordered for almost DHS and DOJ attorneys, public defend- and annually thereafter, the Secretary of 2,000 miles by a nation that persists in ers, and immigration judges. But we State shall submit to Congress a report on economic policies that have failed to must add new district judges necessary the actions taken by the United States and provide sufficient jobs or salaries for to hear the cases of repeat immigration Mexico under this section. much of its people. No similar situa- law violators. Failure to do that means I believe this amendment is abso- tion exists anywhere on the globe. So we will create even more of an unwork- lutely necessary, and I am very pleased we have a unique challenge that is at- able situation that already involves Senator DODD has joined me in sup- tendant to this unique situation. mass arraignments and sentencings. porting the amendment. I hope this That challenge needs to be met not As we work on this bill to provide will become part of this bill. My just by the United States, but by Mex- more resources to the Departments of amendment will require an annual re- ico, too. They must join us in an effort Homeland Security and Justice, we port which I think will push the lead- to solve this challenge. Economic re- must also address related needs, so I ers of Mexico to do the kinds of things form, greater emphasis on the private am proud to offer this amendment with that Americans expect these two coun- economy, and modernizing more of its Senators KYL, CORNYN, and HUTCHISON. tries to do. If we do not work together, facilities remain great challenges that I also address a related need for more we will have chaos. But with an agree- Mexico must face. deputy marshals in an amendment. We ment to work together on these issues, We are forced to tighten our borders have a dramatic shortage of deputy annually the people of both countries not because we are a mean nation, but marshals to handle the increased case- should know what is going on in terms because the economy to the south of us load that will be associated with repeat of cooperation in the areas I have just is driving millions to our country’s immigration law violators. My third spoken to. economy. I believe my amendment will amendment, offered with Senators Now, sources estimate that as much provide for more cooperation between BINGAMAN, KYL, CORNYN, and as 85 percent of apprehended illegal im- the United States and Mexico. As a re- HUTCHISON, awaits consideration. It migrants are from Mexico. So we must sult, I believe our border could be more adds 50 new deputy marshals each year work with Mexico to address the secu- secure. for 5 years. rity of our southern border and the I have another amendment that has Lastly, I would just comment on a number of illegal entries from Mexico. to do with Federal judges. I note the very important part of the bill, the My amendment calls on the Sec- distinguished Senator from California, land port-of-entry improvements sec- retary of State to work with Mexico to Mrs. FEINSTEIN, is on the Senate floor, tions. Those provisions are based on

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.005 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4851 legislation I authored in the 108th Con- Committee, of which he is chairman. It COALITION FOR COMPREHENSIVE gress with Senator DORGAN and which has been a pleasure for me to serve IMMIGRATION REFORM. 13 other border state Senators cospon- under his chairmanship. I thank him DEAR SENATOR: On behalf of the under- signed organizations, we are writing to ex- sored. for those comments. press our strong support for the Feinstein These provisions address the needs of I come to the floor to discuss an ‘‘Orange Card’’ amendment which replaces our land ports of entry. amendment, SA 4087, which I filed this the three-tiered treatment of undocumented I am grateful that the managers of morning. It is entitled ‘‘To modify the immigrants in S. 2611 with one simple proc- the bill have adopted that legislation Conditions Under Which Aliens Who ess that applies to undocumented immi- as part of their bill. These sections are Are Unlawfully Present in the United grants who lived in the U.S. on January 1, critical because neither American bor- States Are Granted Legal Status.’’ I 2006 and meet other strict requirements in- der has undergone a comprehensive in- cluding paying taxes, learning English, pass- ask unanimous consent that Senator ing criminal and security background frastructure overhaul since Senator HARKIN be added as a cosponsor of the checks, and paying a $2000 fine. DeConcini, a Senator from Arizona, amendment. Under the Feinstein amendment Orange and I put forth an effort to modernize The PRESIDING OFFICER. Without Card holders may become lawful permanent the southwest border 20 years ago. We objection, it is so ordered. residents when all current applicants for have done nothing comprehensive since Mrs. FEINSTEIN. I ask unanimous green cards have been received from them 1986 on either the north or south inter- consent that letters of support for the (estimated to be 6 years), or 8 years after the national border. A great deal has bill becomes law, whichever is earlier. This amendment from the Congressional means that they are essentially ‘‘in line’’ be- changed since then, including the pas- Hispanic Caucus and over 115 groups hind those who are currently awaiting visas sage of legislation to improve security and organizations from around the through our legal immigration system. Or- of our airports and seaports, following country be printed in the RECORD. ange Card holders must check in each year September 11, 2001. There, being no objection, the mate- with the government and show that they I appreciate Chairman SPECTER in- rial was ordered to be printed in the continue to meet all of the requirements cluding my legislation to identify port- RECORD, as follows: listed above. There are numerous other important ad- of-entry infrastructure and technology CONGRESS OF THE improvement projects, prioritize and vantages of the Feinstein Orange Card UNITED STATES, amendment including: one simple process to implement these projects based on Washington, DC, May 22, 2006. legalize qualifying undocumented immi- need, require a plan to assess the DEAR SENATOR: We write to express our grants who entered the U.S. before January vulnerabilities of each of the ports of strong support of the Feinstein amendment 1, 2006; equal treatment of all family mem- entry located on the northern and to S. 2611 and ask you to vote for it when bers; and ease of administration with less po- southern borders of our great Nation, considered on the Senate floor. tential for fraud. Moreover, the amendment implement a technology demonstration The Feinstein ‘‘orange card’’ amendment increases the effectiveness of comprehensive would simplify the implementation of the le- immigration reform by maximizing the ex- program to evaluate new ports of entry galization program considerably, creating a technologies, and provide training nec- tent to which undocumented immigrants uniform and tough path to permanency for currently in the United States can access a essary for personnel who must imple- all hard-working undocumented immigrants path to U.S. citizenship. ment these new technologies. I believe living in the United States—without pro- We are deeply concerned that S. 2611 will these provisions are essential for bor- viding them an automatic pardon or am- exclude too many immigrants who are hard der security. I am glad and appre- nesty. working, law abiding, and making important ciative that they are in the bill. To qualify, undocumented individuals contributions to this country. We believe the Mr. President, we must secure our would be required to have been physically best way to reform the law is to maximize international borders. I believe with present in the United States and working by the number of immigrants who legalize and January 1, 2006. They would have to pay a to create a process that works. We urge you Chairman GREGG’s leadership on the $2000 fine and back taxes, learn English and to recognize the many contributions that Homeland Security Appropriations American civics, and pass extensive criminal these immigrants make to our country and Subcommittee and strong border secu- and security background check. After work- provide a path to citizenship which is con- rity provisions in this bill, we can do ing for at least 6 years, orange card holders sistent with the spirit of S. 2611 in that im- just that. could apply for legal permanent residence, migrants would have to meet the same re- I thank the Chair for the time grant- but only after all current applicants for a quirements for working paying taxes, learn- ed me to express my views and to the green card are adjudicated. ing English, and waiting in line behind oth- Senators who have listened. Certainly, S. 2611, as currently drafted, creates a com- ers but without creating unnecessary and plicated, three-tiered process that could un- cumbersome parallel processes which will be I hope what I have said will have an dermine the success of the legalization pro- impact to some extent on this bill and difficult to administer and will leave too gram. We fear that without amendment, the many behind. that the amendments that have not yet legalization program will be costly and dif- We strongly support the Feinstein Orange been adopted, of which I have spoken, ficult to administer, prone to widespread Card amendment and urge you to support it. will, before we come to final closure, fraud and inherently unfair to those that it Sincerely, become part of this great effort to se- would, perhaps even inadvertently, exclude. ACORN; Aceramiento Hispano de Carolina cure our borders, provide for an orderly It is our position that for a comprehensive del Sur; The American-Arab Anti-Discrimi- transition for those who have come to approach to work, immigration reform must nation Committee; American Friends Serv- be tough and enforceable and bring as many ice Committee, Miami; Asian American Jus- our country illegally, and create or- undocumented individuals out of the shad- tice Center; Asian Americans for Equality; derly rules for future guest workers. ows as possible. If reform fails to do this, we Association of Mexicans in North Carolina This is important so the relationships will be wasting an important and historic op- (AMEXCAN); CASA of Maryland, Inc.; Cen- between America and other countries portunity to get at the root of the problem ter for Community Change; The Center for can move forward, and so our country, with our immigration policy. Rather than Justice, Peace and the Environment; Center which is going to need immigrants in fixing our broken system once and for all, S. for Social Advocacy; Central American Re- the future, can look forward to that in 2611 could postpone our ability to get control source Center/CARECEN-L.A.; Centro an orderly manner based on a border of migration flows into our country and se- Campesino Inc.; Coalition for Asian Amer- cure our homeland. ican Children and Families (CACF); Coali- that is secure and an agreement be- The Feinstein amendment would strength- tion for Humane Immigrant Rights of Los tween the U.S. and Mexico that is en the effectiveness and fairness of S. 2611, Angeles (CHIRLA); Coalition for New South going to be carried out and rendered and is, therefore, in the best interests of all Carolinians; Community Wellness Partner- operative. Americans. We urge you to vote yes on the ship of Pomona; Dignity Through Dialogue I yield the floor. Feinstein amendment. and Education; Eastern Pennsylvania Con- AMENDMENT NO. 4087 Sincerely, ference of the United Methodist Church; El The PRESIDING OFFICER (Mr. SES- GRACE FLORES Centro Hispanoamericano; El Centro, Inc.; NAPOLITANO, Empire Justice Center; En Camino, Diocese SIONS). The Senator from California. Mrs. FEINSTEIN. Mr. President, I Chair, Congressional of Toledo; FIRM (Fair Immigration Reform Hispanic Caucus Movement); Family & Children’s Service; thank the distinguished Senator from (CHC). Fanm Ayisyen Nan Miyami/Haitian Women New Mexico for his thoughtful com- LUIS V. GUTIERREZ, of Miami, Inc.; The Farmworker Association ments on the bill. I have the privilege Chair, CHC Immigra- of Florida Inc.; Farmworkers Association of of serving as a member of the Energy tion Task Force. Florida; Florida Immigrant Coalition;

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.006 S22MYPT1 rfake on PROD1PC64 with SENATE S4852 CONGRESSIONAL RECORD — SENATE May 22, 2006 Fuerza Latina; Fundacion Salvadoren˜ a de la Mrs. FEINSTEIN. Mr. President, I ground checks could commence imme- Florida; Georgia Association of Latino make these remarks as a 131⁄2-year diately. That is the first step. It would Elected Officials (GALEO); Guatemalan member of the Senate Judiciary Com- also create a more precise registration Unity Information Agency; Haitian Women system that would allow the imme- of Miami; HIAS and Council Migration Serv- mittee and the Immigration Sub- ice of Philadelphia; Heartland Alliance; He- committee. I also come from a State diate inflow of information into the brew Immigrant Aid Society (HIAS); His- which is very large in terms of immi- Department of Homeland Security to panic American Association; Hispanic Coali- grants, both legal and illegal, and a be processed electronically, which the tion, Miami; Hispanic Federation; Hispanic State which is a dynamic economic en- Hagel-Martinez amendment does not, Women’s Organization of Arkansas; Holy Re- gine for our country. I strongly believe and which is what we have been told is deemer Lutheran Church, San Jose, CA; ISA- that any comprehensive immigration essential to ensuring that DHS can IAH, Twin Cities and St. Cloud Regions, MN; bill must address three issues: a handle this new workload. It would Illinois Coalition for Immigration and Ref- ugee Rights; Interfaith Coalition for Immi- strengthening of our borders so that give the Department time to vet the grant Rights, California; Interfaith Coalition they are safe, effective, strong; a lim- application through a thorough and or- for Worker Justice of South Central Wis- ited guest worker program and an over- derly process. This would be the first consin (ICWJ); Intl. Association of Bridge, haul of the visa system; and most im- step. Structural, Ornamental and Reinforcing Iron portantly, I believe, the creation of a Under the second step, petitioners Workers, Miami; International Immigrants pathway to earned legalization for the would submit a full application for an Foundation; International Institute of Rhode large number of people, estimated at orange card in person by providing the Island; Institute of the Sisters of Mercy of necessary documents to demonstrate the Americas; Irish American Unity Con- between 10 and 12 million, who live ference; Irish Immigration Pastoral Center, today invisibly in our Nation and who their work history and their presence San Francisco; Irish Lobby for Immigration have become a critical part of the in the United States. Their application Reform; Korean American Resource and Cul- American workplace and on whom em- would also require that they pass a tural Center, Chicago, IL; Korean Resource ployers depend to do work Americans criminal and national security back- Center, Los Angeles, CA; JUNTOS; will simply not do. ground check that would be carried out Joseph Law Firm, PC; LULAC; Labor I respond to our analysis of the based on the information and finger- Council for Latin American Advancement, prints from the preapplication; they LCLAA; Latin American Immigrants Federa- Hagel-Martinez amendment, and my tion; Latin American Integration Center, remarks are in two parts. The first demonstrate an understanding of New York City; Latino and Latina Round- part will be to propose an alternative English and U.S. history and Govern- table of the San Gabriel Valley and Pomona to Hagel-Martinez. The second part ment, as required when someone ap- Valley; Latino Leadership, Inc.; Latinos en will be a critique on what I see are sub- plies for their citizenship; they have Accio´ n de CCI, a chapter of Iowa Citizens For stantial flaws in the Hagel-Martinez paid their back taxes; and they would Community Improvement; Law Office of amendment. pay a $2,000 fine. The money from this Kimberly Salinas; League of Rural Voters; I first thank both Senators HAGEL fine would be used to cover the costs of MALDEF; Make the Road by Walking; Mary’s Center for Maternal and Child Care; and MARTINEZ. They have done a great administering the program. These re- Massachusetts Immigrant and Refugee Advo- service to the Senate and our country quirements are the second step of what cacy Coalition (MIRA); Medical Mission Sis- by trying to come up with a com- is required to earn an orange card. ters’ Alliance for Justice; Michigan Orga- promise solution to what is a major They also comply with previous nizing Project; Minnesota Immigrant Free- problem facing our Nation. Nonethe- amendments passed on the floor of the dom Network; The Multi-Cultural Alliance less, I find significant structural and Senate during this debate. of Prince George’s County Inc.; Nashville practical faults and have tried to cor- If the application is approved, each Area Hispanic Chamber of Commerce; Na- individual would be issued what I call tional Advocacy Center of the Sisters of the rect those with the proposal I have just Good Shepherd; National Alliance of Latin introduced and will be speaking on an orange card. I selected orange be- American & Caribbean Communities now. cause the color had no connotation I (NALACC); National Capital Immigration I am introducing what is called an could think of. This card would be Coalition (NCIC); National Council of La orange card amendment. This amend- encrypted with a machine-readable Raza; National Farm Worker Ministry ment would streamline the process for electronic identification strip that is (NFWM); National Immigration Forum; Na- earned legalization. It would create a unique to that individual. The card tional Korean American Service & Education more workable and practical program itself would contain biometric identi- Consortium, Los Angeles, CA; Nationalities Service Center; Nebraska Appleseed Center and dedicate the necessary dollars to fiers, anti-counterfeiting security fea- for Law in the Public Interest; Neighbors cover its costs of administration. This tures, and an assigned number that Helping Neighbors; NETWORK—A National amendment builds on the compromises would place that individual at the end Catholic Social Justice Lobby; New York Im- already agreed to under McCain-Ken- of the current line to apply for a green migration Coalition; ONE Lowell, Lowell, nedy and Hagel-Martinez, and it incor- card. The number would correspond to MA; Pennsylvania ACORN; People For the porates the amendments already adopt- the length of time that the petitioner American Way (PFAW); Pineros y ed on the Senate floor. But it elimi- has been in the United States so that Campesinos Unidos del Noroeste (PCUN); nates what I see as an unworkable those who have been here the longest Presbyterian Church (USA), Washington Of- fice; Project HOPE; Project for Pride in Liv- three-tiered program under Hagel-Mar- would be the first to follow those cur- ing; Rockland Immigration Coalition; Rural tinez. rently waiting to receive a green card. Coalition/Coalicion Rural; Service Employ- This amendment only deals with That is the 3.3 million people outside of ees International Union (SEIU); SEIU Flor- earned legalization. It does not change the country awaiting a green card. ida Healthcare Union; SEIU Local 32BJ; Se- any of the border security provisions, These cards would go in order following attle Irish Immigrant Support Group; Soci- the guest worker program, or any the expunging of that line. ety of Jesus, New York Province; South other part of this bill. Therefore, this The issuance of an orange card would Asian American Leaders of Tomorrow; Ten- amendment would essentially elimi- allow individuals to remain in the nessee Immigrant & Refugee Rights Coali- nate the program created by Hagel- United States legally and work, as well tion (TIRRC); UN DIA (United Dubuque Im- migrant Alliance); UNITE HERE! U.S. Com- Martinez and replace it with the or- as travel in and out of the country. It mittee for Refugees and Immigrants ange card program I am now going to would become their fraud-proof identi- (USCRI); Unite for Dignity for Immigrant explain. fier, complete with a photo and finger- Workers Rights, Inc.; United Farm Workers, Under this amendment, all undocu- prints. This is the second step to earn- Miami; United Food and Commercial Work- mented aliens who are in the United ing legalization. ers; United Methodist Church, General Board States as of January 1, 2006, would im- The third step is that on an annual of Church and Society; Virginia Justice Cen- mediately register a preliminary appli- basis, each individual who applies for ter for Farm and Immigrant Workers; We cation with the Department of Home- an orange card would submit to DHS Count!; Westchester Hispanic Coalition; land Security. At the time of the reg- documentation either electronically or Westside Community Action Network Center (Westside CAN Center); The Workmen’s Cir- istration, they would also submit fin- by mail that shows what they have cle/Arbeter Ring; YKASEC—Empowering the gerprints at the U.S. Customs and Im- been doing in that year, the work they Korean American Community, New York, migration Service’s facility so that have carried out, that they have, in NY; Yee & Durkin, LLP. criminal and national security back- fact, paid their taxes that year, and

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.003 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4853 whether they have been convicted of course, most of them probably didn’t Just for a moment, look at the prob- any crime during that year, either stay here permanently. But it is clear lems they face today. Our current sys- through court documents or an attes- from these statistics that our visa pro- tem is running neither efficiently nor tation, and they would pay a $50 proc- gram has a serious problem when it effectively, and we all know that. Let essing fee. These three steps, plus the comes to enforceability. me just put on the table a few exam- required wait at the back of the green I strongly believe we must find an or- ples. card line, clearly indicates that this is derly way to allow those already here, Currently, the Department of Home- not an amnesty program. many of whom have families, strong land Security is struggling to imple- The legalization in the orange card community ties, and some who have ment a fully functioning US–VISIT must be earned, and it must be earned U.S. citizen children, to earn legaliza- Program to monitor those who are en- over a substantial period of time. It tion over a substantial period of time. tering and exiting our country. This would be available to all who are here And virtually every poll I have seen system of checking people in and out from January of this year. has shown that over 70 percent of the with a biometric card is only half com- This language will ensure that there American people agree. They know pleted. It is many years overdue. are enough funds to run the program there are many people who are critical The Bureau of Citizenship and Immi- because there is a $2,000 fine that would parts of our workforce. They work in gration Services struggles with enor- be dedicated to paying for the adminis- agriculture, in landscaping, in housing, mous backlogs in applications from tration of the program and a $50 annual in the service industry, in the hotel in- those who come to this country and at- processing fee. For example, assuming dustry, and they work all throughout tempt to adjust their status legally. there are between 10 and 20 million un- our economy. I know some who not FBI background checks often take be- documented aliens already in the only have children, but their children tween 1 or 2 years to process finger- United States who would have to pay a are excelling. They not only live here, prints. Naturalization lines are so long, $2,000 fine, if 10 million came forward, but they own homes, pay taxes, and it can take a person years and some- times even decades to get through the that alone would raise $20 billion. So they work hard. This is important so system. How on Earth is DHS going to the program would be covered. By in- that this population can live fully pro- be able to handle a new program which cluding this language, this amendment ductive lives without being subject to cannot be run electronically and which protects against creating a new burden abuse or exploitation, and so that will require massive documentation on taxpayers and ensures that the Fed- American commerce has the workforce that is necessary for agriculture, as and enormous staff time? eral Government has the necessary What we have done is provided a money to make the program work. well as many other industries. During consideration of this bill in structure for an electronic handling of Another safeguard contained in the the data submitted by the individuals, amendment is the annual reporting re- the Judiciary Committee, of which you are a distinguished member, Mr. Presi- the electronic verification of the data, quirement. By including this process, the checking out of this data. Hagel- this amendment will ensure that indi- dent, we adopted an amendment re- ferred to as the McCain-Kennedy pro- Martinez creates a tiered system where viduals who apply to this program re- those here less than 2 years are subject main productive and hard-working gram that was offered by Senator GRAHAM. This amendment created an to deportation and those here from 2 to members of their communities. The 5 years must return to their country amendment requires that individuals earned legalization program that would also set up a number of hurdles individ- and get themselves somehow into a must work for at least 6 years before guest worker program. It is estimated they may adjust their status. Realisti- uals must pass through in order to earn their legalization. The Graham amend- that 1.6 million people have been here cally, from what we know about the ment was adopted by a bipartisan vote for 2 years or less, and approximately number of green card petitioners le- of 12 to 5 and was in the base bill pre- 2.8 million have been here from 2 to 5 gally waiting in other countries for viously considered by the Senate. years. So that is 4.4 million people who their green card, it is much more likely However, since that time, a new pro- are going to be asked to leave the that they would have to wait a longer gram was created and replaced McCain- country one way or another. Do you be- time before the process is completed. Kennedy in the underlying bill. That lieve they will? History and reality Again, this is not amnesty. It is a clear program is known as the Hagel-Mar- shows that they will not. How will the path to an earned legalization. These tinez compromise. It is important to Government find all of them and de- prospective reporting requirements en- point out that neither this body nor port those who do not leave volun- sure that only individuals who deserve the Judiciary Committee has voted to tarily? And if they are found and de- to adjust their status and continue to adopt the three-tiered system which ported, what would lead us to believe be productive members of their com- the Hagel-Martinez compromise pro- they will not come right back to join munities may become legal permanent poses and which is now before this their families and return to their jobs? residents. body. Secondly, individuals who have been In addition, by focusing on prospec- Hagel-Martinez would treat people here just under 2 or 5 years will inevi- tive requirements, this amendment differently, depending on how long tably try to argue they qualify for a streamlines the process and helps avoid they have been in the United States. It higher tier. I think it is only realistic the bureaucratic morass that has been is estimated that 6.7 million have been to expect that these tiers will become a created other times when Congress has in the United States for more than 5 breeding ground for flawed, fraudulent acted. If we don’t get this right, we will years; 1.6 million, less than 2 years; documents, and true evaluations will end up repeating mistakes of the past. and 2.8 million, 2 to 5 years. The source be virtually impossible to make. How We will simply create new incentives of the numbers is the Pew Current Pop- on Earth are DHS personnel going to for illegal immigration, and we will en- ulation Survey. So we have three be able to verify when an individual en- hance the problems our country now tiers—more than 5 years, 2 to 5 years, tered the country to determine the less faces in tracking who is coming and and less than 2 years. than 2 years or the 2- to 5-year tier? going across our borders. After an examination of the Hagel- When it comes to the second tier, 2 to Remember, it is estimated that about Martinez language, I have come to be- 5 years, and the deferred mandatory de- one-third of those who receive visas do lieve that the three-tiered system is parture program of Hagel-Martinez, I not leave the United States when their unworkable, that it would create a bu- am concerned about how this process is visas expire. So the problem is not only reaucratic nightmare and it would lead going to function and who is going to people coming across the border; the to substantial fraud. My staff has con- follow through with executing its re- problem is also people misusing their sulted with current and former Govern- quirements. How is the Department of visas. In 2004, there were just over 30 ment staff who have expressed serious Homeland Security going to find these million visas issued. That is an unbe- concerns with the practical implica- people who have been here 2 to 5 years lievable amount, but it is true. That tions of how such a program could be and ensure that they actually leave the means there could be up to 10 million implemented. United States? Does anyone really ex- people who overstayed their visas and We already know the Department of pect that a father or a mother will vol- remained in the United States. Now, of Homeland Security is overburdened. untarily leave their families and go

VerDate Aug 31 2005 03:08 May 23, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.008 S22MYPT1 rfake on PROD1PC64 with SENATE S4854 CONGRESSIONAL RECORD — SENATE May 22, 2006 outside the country for this so-called remain in the United States if the employment—46 employers—out of the touchback? What is the incentive for worker fails to work for an approved tens of thousands of employers whom people who have already been living in employer for more than 60 consecutive we know employ the undocumented, the United States to come forward and at any time during the 6 years, with no and the number of employer sanctions go through this process? exception for health problems or inju- cases resulting in fines has declined In order to understand why I have ries. This will mean that if an indi- from a peak of nearly 900 under Presi- these questions, I think it is important vidual does become injured or ill, they dent Clinton to only 124 in fiscal year for everyone to understand how the de- become deportable. In addition, all 2003. Not to mention even when em- ferred mandatory departure program of rights to administrative or judicial re- ployers are raided and then sanctioned, Hagel-Martinez is supposed to work. view of any future removal actions, are there is a backlash from the public. There has been a lot of discussion eliminated. Combined, in my view, So I am one who doesn’t believe it is about the program, but when you read these provisions are ill-advised. They realistic to assume that, first, the De- the fine print of the bill language, make individuals extremely vulnerable partment of Homeland Security is there are serious questions and con- to abuse, they put high burdens on em- going to be able to go out and deport 2 sequences that need to be better under- ployers, and they open the situation up million people; and then secondly, to stood. to exploitation. ensure that the other 2.8 million leave My understanding of the bill lan- That leaves me to wonder, with these to go back for the touchback program. guage is that a person who falls into shortcomings, why would anyone in So because of these concerns about this second tier, who has been here for these categories participate in this pro- the workability, the practicality, and 2 to 5 years, may remain in the United gram? the real-world impact of such a three- States legally for up to 3 years and Why would someone who is already tiered system, I believe we have to cre- then they must leave the country and living here clandestinely, working, and ate a much more efficient process, and find a legal program through which already active in their community vol- I believe the orange card process is the they may reenter the United States. untarily come forward and register best way to ensure that our policy This is the critical flaw in Hagel-Mar- with the Department of Homeland Se- goals in creating a path to legalization tinez. People will not risk leaving their curity and leave the United States to can be implemented and realized. The structural flaws of Hagel-Mar- families or their jobs in the hopes that join this program? With these risks and tinez must be corrected, and this once they leave the United States they pitfalls, my experience in California amendment essentially corrects them. will be able to reenter through a visa and my 131⁄2 years on the Immigration It is workable, it is practical, it does program, whether that be the new H–2C Subcommittee tells me they won’t. At not reward illegal immigration, but it guest worker program or another visa worst, I fear we are creating an incen- creates a pathway for everyone in this program. tive for individuals to continue living country as of the beginning of this year To compound this problem but osten- under an illegal status, and I don’t to show over a substantial period of sibly to make it possible, Hagel-Mar- know how that benefits this Nation, time annually that they have been and tinez waives the 200,000 visa cap that the people of our Nation, the employ- will continue to be a responsible and we just reduced from 325,000 in the ers, or the people who are here today in productive member of American soci- Bingaman-Feinstein amendment on an undocumented status. At best, we ety. It puts the burden on them to go the H–2C program. In doing that, this are creating a new burden on DHS to in, to petition, to submit their finger- would create a larger bureaucratic hur- locate and monitor millions of people prints, to submit their photographs, dle, a difficult standard of proof, and a who are clandestinely integrated into and to wait for those to be checked out complete decimation of the limits on the fabric of our Nation today. before they would be issued the orange the guest worker program. Instead of a In addition, the Hispanic National card. new guest worker program—H–2C—that Bar Association specifically criticized Once you have this orange card then will bring in 200,000 people a year, we this second tier, and it wrote this: We you know you are legal. You can come would be, in effect, creating a guest are particularly concerned that requir- in and out. It has the biometric identi- worker program that is supposed to ac- ing individuals in the [second tier] to fiers. It is fraudproof. And the orange commodate 2.8 million people, plus an- leave this country in order to fully le- card has the additional ability of being other 200,000 people annually. So galize their status will result in severe numbered, so you also know that the through this deferred mandatory de- disruptions for families, workers, and lower numbers are going to people who parture, the Congress creates a guest employers . . . We [also] believe that have been here for the 10, 15, 20, 25, and worker program that will need to ac- creating an additional class of undocu- 30 years that we know people, in fact, commodate over 3 million people. mented immigrants will lead to greater have been in this country. It is done in But putting all that aside, assuming administrative burdens as it will re- a way that can be carried out elec- this was actually doable, there are quire the implementation of two dif- tronically, and I think that is part of other problems. For instance, the H–2C ferent paths to legalization. the strength of the program. guest worker visa only lasts a max- I think that is a very true statement. Here we have a pathway that requires imum of 6 years. So every person will Let me speak about the third tier for an individual to show over a substan- quickly see that this is not an auto- those who have been here for less than tial period of time that they have been matic path to earn their legalization, 2 years because according to Hagel- and will continue to be a responsible and they will be forced out of the coun- Martinez, they must all be deported. and productive member of American try at the end of the 6 years. Will they This means that DHS would be re- society and to do so with certain tan- go? I doubt it. I think you will have a quired to find and deport 2 million peo- gible deeds: the tangible deed of work, new illegal immigrant problem. ple. That is the bill we are going to the tangible deed of living a legal life, The path to legalization has been pass—2 million, find them, deport the tangible deed of paying back taxes, modified through the amendment proc- them. How is that going to get done? the tangible deed of learning to speak ess on this floor, and now an H–2C Even President Bush acknowledged English. This is not amnesty. Nothing worker will likely need their employer that such a large-scale deportation pro- happens immediately. Amnesty is the to petition for a green card on their be- gram is unworkable when he said this: immediate transition of someone from half. An employer has to petition for It is neither wise nor realistic to round up an illegal status to a legal status. If an it, meaning that, for 2 million people, millions of people and send them across the individual cannot demonstrate these their only hope to continue to live in border. things, they will not receive a green the United States is through the grace The only method to compel compli- card at the end of this long pathway, of an employer. I think this places an ance with Hagel-Martinez is through and then at that time they are deport- undue burden on an employer, and it employer sanctions, and we know from able. leaves workers vulnerable to exploi- experience over dozens of years that If a bipartisan majority agrees that tation from bad employers. employer sanctions do not work. an earned legalization program is a Also, H–2C workers, their spouses, In fiscal year 2004, only 46 employers critical part of a comprehensive immi- and their children are not allowed to were convicted of illegal immigrant gration reform bill, then the program

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.015 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4855 must work on the streets and it must documentmaking, so that if I came to pretty soon you found a great reduc- be carefully structured so that it can this country illegally and I went in to tion in major crime. If we start enforc- be carried out. I believe this program get a job and I showed a passport that ing our immigration laws and if at the can be carried out, and I am sorry to looked like the real thing but was same time we have a realistic law for say that as currently structured, I do fraudulent, and the employer didn’t see people to legally come to this country, not believe the three-tiered process of the difference and they hired me, then then maybe we will be able to get the Hagel-Martinez can or will be carried he was absolved of any responsibility sovereignty of our Nation to what it is out. for willfully hiring a person illegally in supposed to be, and that is at least the This is an amendment on which I this country. And amnesty was sup- controlling of our borders. hope we will vote. It is at the desk. I posed to work with that to legalize 1 One of the things I wish to make ask my colleagues to look at it, study million people who were illegally in clear is that there is a guest worker it, and if they have modifications—this the country at that particular time. program used in place of amnesty. I un- is a complicated issue—if they have So looking back now 20 years, it derstood previous speakers to say you modifications they would like to see, seems as though we winked at abuse of can earn your way to legality, you can please bring these to us because we the law, and it gives credibility to peo- earn your way to citizenship. There are hope there will be a vote in the next ple who think they can avoid the law a lot of people who commit crimes who couple of days. because there is never going to be a never get a chance to work their way I thank the Chair, and I yield the penalty for it. So what was a 1 million- out of that crime. It probably signals floor. person problem in 1986, today the num- to people in other lands a softness of The PRESIDING OFFICER. The as- ber is up to a 12 million-person prob- our concern about whether people come sistant majority leader. lem, people coming into this country here obeying our laws and sends a sig- Mr. MCCONNELL. Mr. President, I illegally. nal that it is OK to disregard our laws. ask unanimous consent to proceed as So I have some apologies to the peo- So a guest worker program that is used in morning business. ple of this country because I made a to cover up amnesty I can’t buy into. The PRESIDING OFFICER. Without judgment that amnesty in 1986 would There are proposals connected with objection, it is so ordered. solve our problems, and ignoring ille- this bill to allow people to come here (The remarks of Mr. MCCONNELL gality, I find, has encouraged further legally to work, to have a job and to are printed in today’s RECORD under illegality, and we have 12 million peo- have papers when they cross the border ‘‘Morning Business.’’) ple now in the country illegally. to come into our country to work. We Mr. MCCONNELL. Mr. President, I Then I wonder whether, now that I are expanding some of those provisions suggest the absence of a quorum. am 72 years old, 20 years down the road for people to legally come to this coun- The PRESIDING OFFICER. The when my successor is in office will they try, and we are inviting people to come clerk will call the roll. be dealing with an illegal alien prob- in as guest workers. The assistant legislative clerk pro- lem of 25 million. Another thing I My belief is people would rather ceeded to call the roll. learned from 1986 was that we allowed come to work legally than illegally. If Mr. GRASSLEY. Mr. President, I ask family members of people who were we had a temporary worker program unanimous consent that the order for here illegally to then come to the head that was not a bureaucratic nightmare the quorum call be rescinded. of the line, and instead of legalizing 1 and people who wanted to work in The PRESIDING OFFICER. Without million people, we probably made it America and had a job in America objection, it is so ordered. possible for 3 million people to be in knew they could come here legally, Mr. GRASSLEY. Mr. President, I this country as opposed to waiting to they would choose the legal way to have been a Member of the Senate, now come in under the normal process. come as opposed to the illegal way to in my 26th year, and one of the issues Then, the other part of it, to repeat, is come. I believe if we had such a pro- that I have some regret about is voting maybe if we had been a little more on gram that worked and was efficient for amnesty in the 1986 immigration top of the employment situation in the and people could count on it, including bill, the last time that we had amnesty United States in recent years, we employers counting on it, then pretty for people who illegally came to our would have changed our laws so that soon, one by one, we would have legal country. more people could come legally to this workers replacing illegal workers be- Another regret I have that has fol- country to work. Having learned from cause surely employers would rather lowed on is that probably we have not those lessons—obviously I have been hire people who came here legally. done enough to keep on top of our laws burned once on the issue of amnesty— If we are going to have an amnesty of anticipating when there was labor or I am not sure I want to be burned twice program, it ought to be one about workers needed from outside the coun- on the issue of amnesty. which people can at least say that it try to come into our country, and we Of course, at this point, with 1 more meets the commonsense test, that it is haven’t provided then maybe the work- week to go in the debate on this bill not a joke, that it is a real, serious ef- ers that we need when there aren’t and many amendments, I don’t know, fort to make people earn their way to enough Americans to fill various jobs. there might be a bill I can vote for. But citizenship. I want to point out some That could be laborers in the case of I don’t think I am prepared to vote for things in the present bill before the construction, it could be service work- amnesty again. I am not prepared to Senate that do not meet the laugh test, ers in the case of hotels, it could be en- vote for amnesty again and then create as far as amnesty is concerned. gineers, if we don’t educate enough en- a problem 20 years down the road for The biggest flaw is providing legal gineers. And probably those two re- our successors to have yet a bigger status to 12 million people who are grets I have relate to how I feel about problem. breaking our law by coming here ille- the present legislation before the Sen- I think we have learned in America gally. Not only do we give amnesty to ate. that we are a nation of the rule of law those who are here, but we give it to I have looked back at my vote for and that we ought to enforce the law. I spouses and children in their home amnesty, and I have tried to recall as think we made a mistake by ignoring countries. In 1986, I voted for amnesty. best I can 20 years back. But it seems illegality in 1986 because it encouraged I was burned once. I don’t want to be to me that I was convinced at that further illegality. It is a little bit like burned twice. With a 1 million-people time that if we had amnesty along with getting crime under control in New problem at that time, we actually worker verification, along with sanc- York City. When Mayor Giuliani first ended up maybe with 3 million people tions against workers, which I think came into office, he decided that the coming here under the laws we passed was set in the law with a $10,000 fine, way to get at big crime was not to at that time, particularly considering we would solve all of our illegal immi- allow the petty crime. He went to work family. If it is 12 million people we are gration problems. concentrating on people who were talking about now, and 3 times that, Well, at that particular time, we did abusing the law even in a minimal are we talking about 36 million people not predict and foresee the develop- sense. Soon it made an impact that he as opposed to 12 million people? Am- ment of an industry of fraudulent was going to be tough on crime, and nesty is giving a free ride to 12 million

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.016 S22MYPT1 rfake on PROD1PC64 with SENATE S4856 CONGRESSIONAL RECORD — SENATE May 22, 2006 people, and maybe 36 million people if only paying taxes on 3 out of any 5 monsense test. It is unrealistic. It is you consider 3 for 1. That was the les- years? But that is supposed to be a step not only unrealistic, it is impossible, son we learned in 1986. toward earning your way to citizen- and a huge burden, as you can see, and Let’s look at the so-called earned le- ship. Why, if any of us did that and a huge expense. Homeland Security galization provisions. Proponents of fraud was involved, we would be in jail. will surely try to hurry with those the bill say that an alien has to pay At the very least, you would have to background checks. They will pressure their taxes, pay a fine, learn English, pay all your taxes for all those years Congress to rush them. There will be a and get in the back of the line—the and pay fines and penalties. But, no, lot of rubberstamping of applications line leading to legalization, the line people illegally in our country get an despite possible gang participation, that eventually could lead to citizen- option. You don’t get an option; my criminal activity, terrorist ties, or ship. constituents don’t get an option, what other violations of our laws. I respectfully disagree with my col- years they want to pay back taxes. We I am not talking about the vast ma- leagues who say that they are earning have a tax gap of $345 billion in this jority of people who are working in their citizenship. I will go into detail country, taxes that the IRS is owed but America and here illegally. I am talk- about each of these provisions, starting that are not collected. Of course, this ing about a small percentage of these with the $2,000 fine. An illegal alien can makes the problem even worse. This people. But with that small percentage, go from illegal to legal just by paying bill would treat tax law breakers better we ought to be sure our national secu- a fine of $2,000. That is chump change, than the American people. Let’s make rity concerns are taken care of, and, particularly considering that the same the alien who is here illegally, who no, we should not be rushing these people could have paid a smuggler five gets amnesty, pay all outstanding tax clearances through in 90 days. times that amount to get across the liabilities. That is the only way this When it comes to criminal activity, border in the first place. This is not a bill—or at least the portion of this bill terrorist ties, other violations of the heavy fine for the law that they broke. we call amnesty—can meet the com- law, and gang participation, that is not People here illegally knowingly monsense test. true. I will bet that 99 percent of the crossed our border and overstayed their On the issue of payment of taxes and people who are here illegally, who are visa each day. They get legal status the burden that might cause for the working hard to improve their lot in overnight for a small price; $2,000 is a IRS, that is another portion of this bill life but still here illegally, violating small price to pay for citizenship, espe- that doesn’t meet the commonsense our laws, want a better life. But a cially since they have been working in test. Under the bill, the Internal Rev- small group of them, we have to know the country and making a living for enue Service has to prove that an alien that they are not a national security over 5 years. This fine is nothing but a here illegally has paid their back risk. And you can’t do that in 90 days slap on the hand, and it doesn’t fit the taxes. Frankly, it will be impossible for with 10 million people. illegality involved. the Internal Revenue Service to truly Let’s talk about during the amnesty The fine of $2,000 isn’t due right enforce this because the Agency cannot process and people having to go to the away. In other words, you don’t have to audit every single person in the coun- back of the line to work their way to- pay it right away. For those in the am- try. ward citizenship. The proponents say nesty program, what is called the first- I am chairman of the Senate Finance the aliens who are illegal would have tier program, aliens here illegally are Committee. We have jurisdiction over to go to the back of the line so they are supposed to pay a fine of $2,000. How- the Internal Revenue Service. I can tell not getting ahead of those who use our ever, the way the bill is written, many you that the tax man is going to have legal channels. That whole approach, if aliens here illegally may not have to a difficult time verifying whether an you are going to have amnesty, is the pay that fine until year 8, 8 years from individual owes any taxes. Why aren’t way to do it. This doesn’t meet the that point. The bill says that the $2,000 we putting the burden on the aliens? commonsense test, but someone has to fine has to be paid, in the words of the They need to go back and they need to explain to me actually how it works. legislation, ‘‘prior to adjudication.’’ figure out what they owe. That is what This is important because at my What does that mean? The fine is not each one of us does every spring be- town meetings—I had 19 town meetings going to be required up front. If it is tween January and April 15, before we in Iowa during the Easter break—some left the way it is, then the alien here file our taxes. We figure out how much of the most vociferous statements illegally can live, work, and play in our we owe, and we have to pay what we against amnesty were made by natural- country and is immune from deporta- owe. Then in turn let who is here ille- ized citizens who said: How come I had tion, all without paying any fine for gally certify to the Internal Revenue to go through all these things and maybe up to 8 years and all the time Service that they have paid their dues. stand in line for long periods of time to imposing a financial burden on local I have an amendment to fix this lan- become a citizen or even be legally in taxpayers for health, education, and in- guage and allow the IRS to devise a this country and you are going to move frastructure costs that are not reim- system to make that work. But the end all of these other people to the head of bursed for 5 to 10 years. result for this chairman of the Finance the line? Let’s look at the requirement about Committee is that these people who are The theory is that they are going to learning English and civics. Under the here illegally should not have a better take care of that criticism in this bill, bill, an illegal alien could fulfill the re- tax posture toward the IRS than any but it isn’t very practical. How is the quirement of learning English history other hard-working American man and Citizenship and Immigration Service and U.S. Government by ‘‘pursuing a woman. going to keep track of these people? course of study.’’ Until Senator Now I want to go to security clear- They can’t even count right because INHOFE’s amendment last week, the ances to be given in 90 days, another they give out more visas than the law alien didn’t have to show their under- part of this bill that doesn’t meet the requires. Besides, an alien on an am- standing of English or civics, yet the commonsense test. The compromise nesty track is getting the benefits that authors of this legislation wanted us to would require the Department of people in their home countries waiting believe that in order to get this legal Homeland Security to do a background in line to come here legally can’t get. status, you had to show proficiency in check on aliens who are here illegally. This whole process denigrates the English and understand how our polit- In fact, this compromise has placed a value of legal immigration. ical system works. The Inhofe amend- time limit on our Federal agents. The While here, they get to travel, send ment took care of that, but it was cer- bill encourages the Federal Govern- their kids to school, open a business, tainly a low bar for people illegally in ment to complete the background and get health services. Is that really our country to meet. checks on 10 million aliens who are going to the back of the line? On the issue of paying taxes: Under here illegally within 90 days. Can you The work requirements also don’t the bill, aliens illegally in our country imagine that? meet the commonsense test. The bill only have to pay 3 of the last years in Can you imagine taking care of back- says that an illegal alien has to prove back taxes. Let me ask any taxpayer, ground checks on 10 million people in that they have worked in the United wouldn’t you like to have the choice of 90 days? That doesn’t meet the com- States for 3 of the last 5 years. It also

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.018 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4857 says they have to work for 6 years after those taxes solely as a cost of doing not necessarily the one that employed the date of enactment. However, there their job. They never paid into the sys- them. They can also get around the re- is no continuous work requirement tem with a reasonable expectation that quirement by providing bank records, through amnesty. So you could work 30 they would receive any benefits. People business records, sworn affidavits, or days on, 30 days off, 30 days on. It is who have broken the law should not be remittance records. dishonest to say these people are work- able to collect benefits based upon un- Since when does proof of sending ing the entire time. lawful conduct. Their conduct has money back to Mexico prove employ- Let’s get to the evidence of that caused damage to countless numbers of ment? That, too, doesn’t meet the com- work history which the bill requires. It American citizens and legal immi- monsense test and is another case says a person illegally in the United grants. Because of breaking our law, where the legislation talks about man- States has to prove they have worked the victims are faced with Internal datory departure. It really is not man- in the United States 3 of the last 5 Revenue audits for unpaid taxes. Amer- datory. years. How do you do that? They can icans have trouble finding their own The bill says the Secretary of Home- show the IRS or Social Security Ad- jobs and are left to reclaim the credit land Security may grant deferred man- ministration records or records main- and clear up their personnel informa- datory departure for aliens here ille- tained by Federal, State, and local gov- tion. The Enzi amendment would have gally in the 2- to 5-year category. He ernments. Their employer can attest taken care of this, but it did not pass. may, the law says, also waive the de- that they have been working; their Our Members, again, gave up an op- parture requirement if it would create labor union or day labor center can at- portunity of having this legislation a substantial hardship for the alien to test, but that is not all. It might meet meet another commonsense test. Em- leave. the commonsense test. But if you can’t ployers get a criminal pardon for hir- In this legislation, there is a waiver get records from the IRS or the labor ing illegal aliens under this bill. Not interview requirement. Illegal aliens in union, you can ask anybody to attest only does this bill legalize people who the second tier who are required to that you have been employed. The bill are here. illegally, it is going to pardon leave the country can reenter the doesn’t even prohibit the alien to at- employers who committed criminal ac- United States on a visa, but the bill test themselves. Anybody, including a tivity in hiring illegal aliens in the says they do not have to be inter- friend, a neighbor, a man on the street, first place. viewed. In fact, it doesn’t even give dis- could sign the attestation. The bill says employers of aliens ap- cretion to our consular officers around This opens the door to fraud. The plying for adjustment status ‘‘shall not the world to require an interview. Government cannot realistically inves- be subject to civil or criminal tax li- I have advocated for in-person inter- tigate them. Senator VITTER tightened ability relating directly to the employ- views since 9/11, especially since the hi- this loophole, but sworn affidavits still ment of such aliens.’’ jackers weren’t subject to appear in exist. This is an issue of confidentiality That means a business that hired il- person. Today, the State Department is in reporting. If an alien illegally in the legal workers now gets off Scott-free requiring interviews for most appli- country is applying for amnesty, the from paying the taxes they should have cants and waives them for certain peo- Federal Government cannot use infor- paid. This encourages employers to vio- ple, particularly those over 60 years of mation provided in the application by late our tax laws and not pay what age. If an adjudicator wants to have an adjudication; that is, adjudicating that they owe the Federal Government. interview before giving a person a visa, petition. If aliens illegally in the coun- Why should they get off the hook? they should have the power to do it. try write in their application that they What damage are we doing, once Guest workers, under the provisions are related to, let’s say, Bin Laden, again as we did in 1986, in ignoring the of this compromise, can become perma- then our Government cannot use that breaking of law, giving amnesty and nent workers. Unlike almost all visas, information. In fact, it says that the encouraging further disregard for the the H–2C visa can be used as an avenue Secretary of Homeland Security can law in the future? to legal permanent residence and citi- only share that information if someone In addition to not having to pay their zenship. The H–2C visa was created as a requests it in writing. taxes, employers are also off the hook temporary worker program. In fact, Why shouldn’t the Secretary be re- for providing illegal aliens with records the alien, at the time of application, quired to provide that information to or evidence that they have worked in has to prove they did not plan to aban- the CIA? If we can link an alien to a the United States. The employers are don their residence in the foreign coun- drug trafficking kingpin, then why not subject to civil or criminal liabil- try. However, the visa can be redeemed shouldn’t the application be a source of ity for having employed illegal aliens for legal permanent residence after intelligence? in the past or before enactment. only 1 year in the United States. This provision severely handicaps our Then fines for failing to depart, for H–2C workers can self-petition under national security and criminal inves- aliens illegally in this country—those this compromise. No other visa pro- tigators, and again a provision in this in what the bill calls the second tier gram allows an alien to petition for bill that doesn’t meet the common- who have been here for a period of himself or herself to go from tem- sense test. time, from 2 years to 5 years, they porary worker to seeking citizenship. Let’s look at the so-called $10,000 fine must depart and reenter. If an alien After 4 years, the alien can sponsor for bureaucrats. Let’s say a Federal doesn’t depart immediately, they face themselves for permanent residence in agent uses the information I just spoke a fine of $2,000. If they don’t leave with- the United States. We had an amend- about by an alien in an application for in 3 years, they get a $3,000 fine. These ment to tighten this provision, but the amnesty. Under the bill, the agent fines are not incentives for aliens to self-petition measure is still in the bill. would be fined $10,000. Yes, fined five leave. They could then live in the Family members of H–2C visa holders times more than the alien has to pay United States for up to 3 years without need not be healthy. Under current to get amnesty in the first place. That facing deportation. There is no require- law, aliens must prove they are admis- does not pass the commonsense test. ment for them to leave immediately. sible and meet certain health stand- Let’s look at qualifying for Social Take a look at that subtlety in this ards. Many times, visa applicants must Security for aliens who are here ille- legislation. If you want to be satisfied have a medical exam to show they do gally. The bill does not prohibit illegal with paying a $3,000 fine, you can stay not have communicable diseases. They aliens from getting credit for the here an additional 3 years illegally, and have to be up to date on immunizations money they put into the Social Secu- we presumably know that you are here and cannot have mental disorders. rity system if they worked in the illegally. Spouses and children of H–2C visa hold- United States illegally. Immigrants The second-tier employment require- ers, however, are exempt from this re- here illegally who paid Social Security ments—these illegal aliens also have to quirement. I have an amendment to fix taxes using a stolen Social Security prove that they have been working in this provision. number did not do so with the expecta- the United States since January 7, 2004. The H–1B visa cap can increase auto- tion that they would ever qualify for They can prove it by attesting to the matically. The annual cap is increased Social Security benefits. They paid Federal Government or an employer, from 65,000 to 115,000, but it contains an

VerDate Aug 31 2005 03:08 May 23, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.020 S22MYPT1 rfake on PROD1PC64 with SENATE S4858 CONGRESSIONAL RECORD — SENATE May 22, 2006 additional built-in escalator. If the cap Chairman GRASSLEY has given much heart of the American people, just be- is reached in 1 year, it can be increased insight and wisdom. I hope our Mem- cause someone mis-spoke on a talk by 20 percent the next year. It cannot bers will consider what he has to say. show or in a conversation. What they be decreased; it can only go up. It is thoughtful, honest, and direct, as are saying is legitimate, principled, There will be no serious evaluation of always. and consistent with the American the need for foreign workers, and Con- I do remain troubled that the Senate ideals. We have not responded to it. We gress loses its control over importation is moving steadily, like a train down did not respond to it before 1986. We did of cheaper labor. the tracks, to pass an immigration bill not respond to it in 1986. We have not There are no strings attached in this that is deeply flawed. It dramatically responded to it since. bill to new student visas. The bill cre- increases legal immigration and has no The American people will support a ates a new visa that lowers the bar for guarantee that significantly improved fair and generous immigration policy foreign students who wish to come here enforcement procedures will ever be for the future, and they will support and study math, science, and engineer- carried out. In fact, the Senate rejected compassionate and fair treatment of ing. They can work off campus while in the Isakson amendment which would people who have come here illegally. school, thus taking American jobs. have conditioned amnesty on effective They are not asking that they be pros- They also can easily adjust from a stu- enforcement. Clearly, we have not ecuted, locked up, or that every one be dent to a U.S. worker. They do not comprehended the ramifications of re- hauled out of America. That is not so. have to prove they will return to their warding those who have broken our No one is proposing that in any serious home country when applying for the laws with all the benefits we give to way. Make no mistake, we cannot treat visa. Why would a student come here those who lawfully enter, thereby un- lightly and it is a grave step to con- to study anything if they could be ap- dermining, as Senator GRASSLEY said, cede, to admit, that the laws of the proved instantly without the require- the rule of law in this country. United States will be ignored and not ment of the old visa system? Have Further, this legislation, which enforced. During the 1986 amnesty de- some people forgotten that the Sep- claims to be comprehensive, provides a bate, it was argued that amnesty would tember 11 terrorists came on student radical increase in future legal immi- be a one-time event. People argued visas? gration almost with no discussion or that if that were done, it would weaken Now the US–VISIT provision. Con- consideration of what is good policy for the rule of law and encourage more gress mandated in 1996 the entry-exit our future. In addition, the legislation people to enter the country illegally, system known to us under the acronym has been crafted in a way that hides confident that at some day in the fu- of US–VISIT. This program was au- and conceals, even misrepresents, its ture, amnesty would be available to thorized 10 years ago. It is still not up real effects. them, too. I ask my colleagues, who and running. Thus, I have said it should never was right 20 years ago? The bill says Homeland Security has pass. I have said that these actions are Senator GRASSLEY just told us who to give Congress a schedule for equip- unworthy of the great Senate of the was right. He said he believed it was a ping all land border ports of entry and United States. I have said, and I think mistake when he voted for it. Not making the system interoperable with correctly, we should be ashamed of our- many Senators have the gumption to other screening systems. Why, oh why, selves. come to the Senate and admit they aren’t they getting this job done? Why What should we be doing? What made a mistake. While amnesty just 20 does Congress give the agency more should the Senate of the United States years ago created a legal route to citi- time to get this system running? It be doing? We should be working openly zenship for 3 million people not here le- does not make sense for us to ask for and diligently on these issues and gally, today we are expecting, 20 years another timeline; it seems sensible just should have been for some time. We later, 11 million and perhaps 20 million to get it done. should be seeking the input of experts people could benefit from this am- In the final analysis, I am probably and carefully studying relevant data. nesty. only 1 of 15 Senators still in this Sen- Certainly we should be consulting with We must acknowledge that when you ate since the 1986 immigration law was those who have hired us—at least for a play around with the rule of law in a passed, but I was led to believe in 1986 term—the American people. nation that expects to be treated seri- that by voting for amnesty with em- In my view, the American people ously, you have done something quite ployer sanctions, we would solve our il- have been right from the beginning. significant. It cannot be altered or un- legal immigration problem. It just en- They have rejected an immigration dermined without real consequences. couraged further illegal immigration. I system that makes a mockery of law, a Life has consequences. If you pass a quantify that by saying it was a 1 mil- system that rewards illegal behavior, law and then turn around and admit lion-person program in 1986. Today, it while placing unnecessary bureaucratic you cannot enforce it, with a promise is a 12 million-person problem. And 20 hurdles in the face of those who duti- that we are going to enforce it in the years from now, if we do not do it right fully attempt to comply with the law. future and we are going to allow every- this time, it is going to be a 25 million- In the decades before the 1986 amnesty one who violated a law a free pass, person problem. You get burned once, and after, they have urged and pleaded what does that say about the future? but you should not get burned twice or with the powers that be to end the ille- These are not light matters. If we you have not learned anything. In the gality, to secure the border, and to de- could do it like that, if we could make process, we ought to get it right this velop a system based on the common- this kind of 180-degree turn without time. I don’t think granting amnesty sense interests of our Nation. The consequences, it would be one thing, 20 years after we made the first mis- American people have been arrogantly but life is not that way. We are sup- take is the way to do it. ignored by the executive branch and by posed to be a mature branch of Govern- I yield the floor. the Congress. ment of the greatest Nation on the face The PRESIDING OFFICER (Mr. We have failed to fulfill our respon- of the Earth. Surely we know that. CORNYN). The Senator from Alabama. sibilities, in direct opposition to the le- Surely we know we cannot do this Mr. SESSIONS. Mr. President, I ex- gitimate and clearly stated will of the lightly. I am afraid some have not press my appreciation for the leader- American people. given enough thought to that. ship of Senator GRASSLEY. He spoke In every way, the American people I wanted to share those remarks at from the heart. He was here during the have been correct. They have been mo- the beginning because we are dealing 1986 amnesty debate. I happened to go tivated by the highest of American with huge numbers of people who will back and I saw a summary of that de- ideals, despite what the critics say. be legalized. We will be dealing with a bate. The Members argued on one side They have sought a lawful, wise system fundamental expansion of immigra- saying it was a one-time amnesty; oth- of immigration. It is unfair to ascribe tion, a massive amnesty, large in- ers said amnesty begets amnesty, that to the good American people the words creases in governmental expenditures, if this occurs, there will be more to of some frustrated and extreme person and an enforcement promise I am not come. In truth, we see which side has whose anger overflows—the talk show sure we will ever see occur because en- prevailed. callers and the like. That is not the forcement was promised in 1986. It was

VerDate Aug 31 2005 03:08 May 23, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.022 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4859 faithfully and honestly guaranteed by Heritage Foundation are all wrong. bill’s new H–2C temporary guest work- supporters of that bill in 1986, and it Their numbers are not good. These are er program at 200,000 per year, not was never accomplished. good numbers, so let’s just have a vote 325,000. And it ended this 20-percent I will introduce four amendments on it and let’s make it law. automatic escalator clause. this afternoon. The four amendments They estimate that a total of 7 mil- I say to Senator BINGAMAN, I thank are, first, a numerical limit amend- lion illegal aliens and their dependents you for your effectiveness on that ment, an amendment to cap the immi- will be granted status under the bill. Of amendment. And it ended up having a gration increases caused by this bill. the 11 million, they say 7 million will pretty nice vote. But until that time, The numbers CBO and the White House be granted status. we had not begun to discuss on the say we should expect include 7 million Additionally, the CBO and the White floor of the Senate anything other than and their dependents under amnesty. House estimate this bill will increase enforcement at the border and amnesty Additionally, CBO and the White House current immigration levels—which are provisions. We had not even thought estimate that under this bill 8 million now about 1 million a year legally—by about it. How did they put this in new immigrants will flow into the about 8 million over a 10-year period, there? How did they come up with an country above the current level 10 mil- making total immigration into the automatic 20-percent increase in immi- lion over the next 10 years. Got that? United States over the next 10 years gration for a low-skilled provision of What my amendment will do is cap nearly 18 million instead of the cur- this bill? Who wrote that in there? Did green cards at 7 million for amnesty, rently expected 10 million, setting anybody even know it was there? plus we are going to add 8 million to aside those who get amnesty. If my fine staff had not been digging the current flow in the future. Under various provisions of current into it, I am not sure it would have We think the numbers are higher law, the United States issues just been found. Well, the Heritage Founda- than that. But that is what the CBO under 1 million—approximately tion also dug into it, but awfully late. says the numbers are. That is what the 950,000—green cards every year to peo- The bill had been tried to be pushed White House has trumpeted as the ple coming through immigration chan- through this Senate about a month ago numbers. So at least, I suggest, this nels legally. without any debate, without any Senate should make clear those are the In 10 years, if this law remains the amendments. They were just going to numbers, and let’s pass it, so we will same as today, almost 10 million peo- move that through. So it was a good not have this danger that the bill will ple will join the United States. Over 20 improvement. We now expect, after this however, spin out of control or in fact will be years, it would be about 18.9 million that the numbers are still huge. I much more generous to immigration people—just under 20 million—under project the expected numbers in the than some are currently suggesting, current law. next 20 years will be between 73 million even CBO. Under this bill that is on the floor Another amendment will be the today, we have been shocked to find and 92 million. Robert Rector has esti- earned-income tax credit. This would the breadth of the numbers. mated that it will be 66 million over the next 210 years. He didn’t include H– be an amendment to eliminate the Almost 2 weeks ago, my staff and the 1B in his calculations. earned-income tax credit for illegal Heritage Foundation did separate ex- So without any growth in the H–1B, tensive analyses to determine the total aliens and those who have adjusted sta- the high-skilled visa program, we come number of people who would be coming tus under this bill. Once illegal aliens in at 73 million. Under the maximum into America under this bill, if it become citizens, they will once again growth, we would come in at 92 mil- passes. be eligible for the earned-income tax lion. Current levels, under current law, At a press conference last Monday— credit. But it is a huge expense, maybe would be 10 million. Now, that is a big, the first time anybody had even dis- over $20 billion over 20 years. big deal. It represents a serious policy cussed it—Robert Rector, senior re- I will have an amendment to deal decision of the people of the United search fellow at the Heritage Founda- with chain migration which has to do States. And how many American peo- tion, joined with me to reveal the re- with provisions that are continued in ple know we are talking about that? sults of our studies and to shed some current law but are not principled and And 92 million is over four times the do not serve our Nation well. If we light on the future immigration policy current rate of immigration in this want to admit more skill-based immi- changes in the bill. country—five times really. From where According to my projections, the bill grants, we must reduce the right of im- did that come? would have increased the legal immi- migrants to bring in certain categories So even after Senator BINGAMAN’s ef- of relatives, regardless of skill, regard- gration population by 78 million to 217 fective amendment, it is important to less of ability to perform. million over the course of the next 20 remember that both the Heritage We will work on those four amend- years. I would note, the current popu- Foundation’s—Mr. Robert Rector’s— ments, and I hope we will be able to get lation of the United States today is projections and mine calculate the bill a vote on them. I know people are say- less than 300 million. So 100 million will still increase current levels of im- ing: No, no, we need to move this bill would be a one-third increase in the migration three- to fivefold over the on. We can’t go another day. We have population by immigration; 200 mil- next 20 years. The realistic estimate, I to finish this debate. You guys have lion, of course, would be two-thirds of think, is four times the current rate. Is had your little amendments. The train an increase in the population. that what we need? Maybe it is. But we is moving. Get off the track. We are Mr. Rector’s estimate was within the sure have not talked about it. Have going forward. And I am already hear- range I projected—coming in at 100 you heard the American people con- ing that we are moving in that direc- million over the course of 20 years. I sulted on that? We already have a pret- tion: The debate is going to be limited, just tried to figure out what the low ty generous immigration system, I sub- and we will have to curtail our legiti- numbers could be and the high num- mit. It brings in a million people a mate amendments. bers could be. He focused on what he year. I submit to you, the amendments I thought the number would turn out to People say: Well, you have lots of il- am offering here are legitimate amend- be. He found it to be 103 million people legal immigrants too. That would be 50 ments that go to real issues of national over the next 20 years—one-third of the percent more, maybe 500,000 a year, as importance, not some technical thing. current population of the United estimated. That is not three, four, five My amendment that deals with the States of America. times the current rate. total number of immigrants into the So the day after those numbers were Last Tuesday, the CBO released its United States comports with the esti- released, the Senate adopted an amend- final score of the Senate immigration mates of the Congressional Budget Of- ment offered by Senator BINGAMAN—I bill. They estimated that if it passes, it fice which has run these numbers. I see him on the floor today—which is, I would result in an 8 million person in- thought they were low, but that is think, perhaps, the most significant crease in the population over the first what they say, and the White House amendment we have adopted to date, 10 years. The precise estimate is 7.8 has jumped right on it and said: These that capped the number of people who million, which can be found on page 4 are the numbers, and SESSIONS and the could come into the country under that of the CBO score.

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.023 S22MYPT1 rfake on PROD1PC64 with SENATE S4860 CONGRESSIONAL RECORD — SENATE May 22, 2006 This estimated 8 million increase ac- Under the amendment we are offer- tunity in the debate—I see others, and counts for only future legal immigra- ing, the number of green cards that I won’t utilize any more time—to talk tion caused by the bill. It does not in- CBO and the White House estimate will in more detail about the earned-income clude an estimate for the number of il- be needed will be made available for tax credit amendment, the need to re- legal aliens. We are not going to take the adjustment of status provisions form in a significant way the unprinci- that to zero, surely. Surely, we will and future immigration levels caused pled chain migration provisions of the make some progress to reduce illegal by the bill. bill, and the H–2C green cards future immigration, but it is not going to First, the amendment limits the flow cap for H–2C green cards to be zero. number of green cards available under issued. The CBO estimate for how many in the bill’s amnesty provisions to two- I thank my colleagues for their time. the illegal alien population would ben- thirds of the qualified illegal alien pop- I urge each one of us to spend some se- efit from the bill’s amnesty provisions ulation of about 10.3 million—a total of rious time in analyzing the impact of is contained in a separate calculation 7 million green cards. this hugely important piece of legisla- on page 22. On page 22, CBO estimates Second, the amendment limits the tion that the American people care that 1 million illegal aliens will be ad- increase in future immigration to 8 about, and rightfully so. It is our re- justed under the AgJOBS provisions, million above the current level of 10 sponsibility to get it right. We don’t and that two-thirds of the 6 million il- million over 10 years. Under the want to be back here, as Senator legal aliens here for more than 5 years, amendment, the total number of green GRASSLEY has done today, and say we and 50 percent of the 2 million illegal cards issued shall not exceed 18 million have made a mistake in 2006. aliens here between 2 and 5 years, will over any 10-year period, starting with I yield the floor. adjust status under the bill’s provi- the 2007–2016 10-year period. The PRESIDING OFFICER. The dis- sions. Because real numbers of current im- tinguished majority whip. So according to CBO, a total of 6 mil- migration levels would only reach Mr. MCCONNELL. I ask unanimous lion illegal immigrants will become about 9,500,000 in 10 years, an addi- consent to proceed as in morning busi- legal permanent—permanent—resi- tional 500,000 green cards are added to ness. dents under the bill and be placed on the White House’s estimate in this The PRESIDING OFFICER. Without an automatic path to citizenship. amendment. objection, it is so ordered. Now, the White House, last Thursday, It is important that we limit the f in a press release, entitled ‘‘Setting the bill’s effects to the numbers being used Record Straight’’—OK—wholeheartedly to justify the bill’s passage, at least. UNANIMOUS-CONSENT REQUEST— embraced the CBO report and claimed The American people are much more EXECUTIVE CALENDAR that the 8 million future immigration accepting when they know the numbers Mr. MCCONNELL. Mr. President, I estimate by CBO is ‘‘consistent with we are asking them to believe in. And rise today because five families in Har- most research on immigration issues.’’ they are asking us to make sure we tell lan County in the Commonwealth of The White House press release also them truthfully, and that we comply Kentucky suffered a devastating and embraced the CBO estimate on the cur- with it. Though I am not in favor of tragic loss this past weekend. As many rent illegal alien population but stated granting amnesty to those who break of our colleagues are aware, an explo- it a little differently. According to the the law, I believe it is important to sion rocked the Kentucky Darby Mine White House, CBO estimated that hold the administration to its word No. 1 around 1:30 Saturday morning. about one-third of illegal immigrants when enacting a comprehensive reform According to news reports, the blast eligible for legalization under the bill bill. occurred nearly a mile underground are unlikely to become legal perma- My amendment limits the number of near a sealed-off area of the mine. The nent residents. Therefore, the logical illegal aliens who can be granted am- force of the explosion was so powerful conclusion of this statement is that nesty under the bill. This limit will in it caused damage over 5,000 feet up at two-thirds of the eligible illegal alien turn limit the potential for fraudulent the mine opening. population will likely become legal adjustments of status. It would also Five miners were killed. Their fami- permanent residents. The White House press statement di- say if there were more claiming for lies are, of course, completely dev- rectly implies that the White House green cards under amnesty than pro- astated, and the entire community is does not expect more than two-thirds jected, and they met all the qualifica- struggling for answers in the face of of the illegal alien population to be- tions, they would get those green such a catastrophe, an unexpected come legal permanent residents under cards, but the future flow numbers tragedy that is so overwhelming it the bill. would be reduced to cover that. Unlike breaks your heart and almost leaves If 10.3 million people have been ille- the bill as written, my amendment you numb. gally present for more than 2 years, would allow for a controlled increase in There is one ray of light in this oth- two-thirds of that number would mean legal migration by placing a cap on the erwise very dark episode. One miner, a approximately 7 million people now number of green cards that can be man named Paul Ledford of Dayhoit, living here illegally will benefit from issued under the bill’s other provisions. KY, managed to escape the blast. He the amnesty provisions. This esti- The fact is, we cannot admit everyone was injured but reportedly was still mate—7 million—is 1 million higher who wants to come to our country. Un- able to walk out of the mine on his own than the way CBO lays out the num- limited immigration will put a strain two feet. After a short stay in the hos- bers on page 22 of their score. on finite resources. Therefore, in addi- pital, he was released, and I am sure As the press statement points out, tion to properly enforcing our laws and his family is thrilled that he survived these estimates are much lower than securing our borders, we must put rea- the catastrophe. the estimates that Robert Rector or sonable limits on the number of people The Darby mine explosion brings this my staff, after extensive review, came who can enter permanently. year’s total number of deaths from up with. Under my amendment, future immi- mining accidents in Kentucky to 10, Although I highly doubt we have true gration will be increased by—hold your double what it was just 72 hours ago. numbers from the CBO, I sincerely hat—80 percent, but not as much as the Thank goodness Paul Ledford’s name is hope they are accurate, and not mine. current bill allows, 300 to 500 percent. not on that list. It is imperative that the American peo- Eighty percent is too high. We haven’t But these Kentuckians’ names are: ple, however, be able to trust their had the evidence to justify that, but I Paris Thomas, Jr., 53, of Closplint; Government—particularly those agen- am saying, let’s put this up for a vote George William Petra, 49, of Kenvir; cies that enforce these laws—when dis- so when this bill goes through here, we Jimmy B. Lee, 33, of Wallins Creek; cussing issues such as these. My will at least know what the top level Amon ‘‘Cotton’’ Brock, 51, of Closplint; amendment will adopt the CBO and is. and Roy Middleton, 35, of Evarts. All White House estimates as the realistic This amendment is sensible and re- were lost in this explosion Saturday. result of S. 2611’s increases in immigra- sponsible. I ask my colleagues to vote The Harlan County coroner’s report tion. for it. Later, I hope to have the oppor- indicates that Amon Brock and Jimmy

VerDate Aug 31 2005 03:08 May 23, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.025 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4861 Lee were killed instantly by the tre- The bill will give the Secretary of ministration, is without a Director, mendous force of the explosion. The Labor new, stronger enforcement pow- and not because the HELP Committee other three survived long enough to ers to ensure the mines are in compli- has not acted. On March 8, 2006, the put on breathing devices, but still died ance. The Secretary will have the au- HELP Committee reported out an indi- of carbon monoxide poisoning. thority to shut down a mine for failing vidual from West Virginia to be Direc- Their loved ones will never forget the to meet the Department’s orders, and tor of the Mine Safety and Health Ad- last time they saw them before they the bill raises penalties significantly ministration. His nomination has been descended into the mines. Nor will they for serious violations. languishing on the calendar for 21⁄2 forget the calamity that, sadly, added The bill will also clarify that mine months. I can’t think of a worse time their names to this list. Neither should safety rescue teams are not liable for to have MSHA without a permanent we ever forget them. any injuries or deaths that may happen Director than now. We have had a raft The authorities are still inves- due to rescue activities. This is impor- of coal mine deaths this year in West tigating the cause of this accident. tant because up to now, some mining Virginia and Kentucky. With coal pro- Some accidents are, unfortunately, en- companies have hesitated to have mine duction up and coal prices up, it is a tirely unpreventable. But other acci- rescue teams for fear of being sued. virtual certainty that more and more dents are all the more horrific because This provision of the bill will ensure coal is going to be mined. Therefore, they could have been prevented. When the mining companies have the incen- more and more miners will be involved it comes to the second type, this Sen- tive to put a mine rescue team in in mining coal. We need a permanent ate can and must act to prevent them. place. Director of MSHA, and we need to pass The list of Kentucky mining deaths is Finally, the bill will create grant the legislation I hope we will pass to- too long already. programs to improve safety training, morrow. I am sure my colleagues, Senator direct studies of safety techniques, and I know there has been a hold on the ROCKEFELLER and Senator BYRD, will create an interagency group to facili- MSHA Director nomination on the agree that the list of West Virginia tate the development of new safety other side of the aisle. I have been told names is too long as well. Every Amer- technologies and activities. that there will be an objection yet ican watched the terrible events at the I understand this may not be the per- again today. But I want to plead with Sago mine this past January, when 12 fect bill. Not everyone has gotten ev- those from the other side who may be- miners were killed. erything in it they want. But it rep- lieve that this is not the perfect nomi- The Senate should act quickly by resents the best, most comprehensive nee—he is the nominee, nominated by passing S. 2803, the Mine Improvement approach to this problem in many the President, reported out of the and New Emergency Response Act of years. In fact, both the National Min- HELP Committee. If he were to be 2006, of which, I am happy to say, I am ing Association and the United Mine drawn down and this whole process a cosponsor. Workers of America have endorsed it. were to be started all over again, we This measure, drafted by Senators That ought to tell you something right wouldn’t have an MSHA Director for ENZI and KENNEDY, was unanimously there. These two groups don’t agree on months and months into the future. We reported out of the HELP Committee things very often, so I am sure my col- need a permanent Director of the Mine last week, and the Senate should move leagues can see how their agreement is Safety and Health Administration. expeditiously to pass this legislation. a signal that the MINER Act is the Bearing that in mind, I ask unani- It is the most comprehensive package breakthrough that we have been wait- mous consent that the Senate now pro- of miner-safety legislation in a genera- ing for. ceed to executive session for the con- tion. Once it is fully implemented, the It is too late for us to do anything for sideration of Calendar No. 553, the brave men and women who descend in the five Kentucky miners who died this nomination of Richard Stickler of West the darkness to provide the rest of us Saturday. Right now the healing for Virginia to be the Assistant Secretary with light and heat will have safer their families and that community is of Labor for Mine Safety and Health; working conditions than ever before. happening in Harlan County. I was provided further that the nomination The MINER Act, as it is called, will touched by an article I read today be confirmed, the motion to reconsider require mining companies to submit to about a memorial service that took be laid upon the table, the President be immediately notified of the Senate’s the Mine Safety and Health Adminis- place at the Closplint Church of God in action, and the Senate resume legisla- tration, MSHA, up-to-date emergency Clospint, KY, just 10 miles down the preparedness and response plans. The tive session. road from the Darby mine. The Rev. Before the Chair rules, as I have indi- plans must be adapted to each indi- Frank Howard led a prayer for the vic- cated already, let me say again, this vidual mine, and MSHA must review tims’ families. He said, ‘‘We’re a coal nominee has been reported out of the and recertify them every 6 months. As community, and we need to lift each HELP Committee. He has been on the conditions change, so must the re- other up.’’ calendar since March 8 of this year. I know the people of Harlan County sponse plans in order to best protect MSHA is without a permanent Direc- our miners. well. And I am sure of this: They cer- tor, and I would hope that my unani- The bill will require the mining com- tainly do have the strength to lift each mous consent request will not be ob- panies to put in place state-of-the-art, other up in this hour of anguish. And jected to. two-way wireless communications and when they need help, they will get it. The PRESIDING OFFICER. Is there electronic tracking systems. Mine res- It will pour in from every corner of objection? cue team response will be both faster Kentucky and beyond. Mr. BINGAMAN. Mr. President, on and safer. So we here in the Nation’s Capital behalf of the Democratic leader, I have The bill will require every miner to must also do our part. When this Gov- been requested to object, and I do ob- have at least 2 hours of oxygen on hand ernment acts swiftly and with purpose, ject. and stores of oxygen to be stashed we can uplift the fortunes of many who The PRESIDING OFFICER. Objec- every 30 minutes along escape routes may otherwise be cursed to suffer in tion is heard. for evacuating miners. Randal McCloy, despair. By passing this legislation, we Mr. SESSIONS. Mr. President, if the Jr., the only miner who survived the can lessen the burden on others who Senator from Kentucky will yield for a Sago tragedy, has reported that at work in the mines and their families by question, just a few years ago, not long least four of his fellow miners’ air letting them know that we are listen- after 9/11, we had the Brookwood mine packs were faulty, leaving the team ing and doing everything we can. disaster in Alabama, where 13 miners without enough air. It is my understanding that efforts lost their lives. Basically, like the fire- Given the fact that three of the min- are underway on both sides to get this men in New York, they were respond- ers in the Darby mine died with their legislation cleared, we hope, as soon as ing to help someone in need, another breathing masks on, it seems the same tomorrow. But there is one other thing miner that they believed needed help thing happened yet again in Kentucky we ought to do. I was looking at the in an emergency, and lost their lives in this weekend. That is unacceptable and Executive Calendar. I noticed that the a rescue attempt. It was a very emo- must not be tolerated. MSHA, the Mine Safety and Health Ad- tional time for me and the families and

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.029 S22MYPT1 rfake on PROD1PC64 with SENATE S4862 CONGRESSIONAL RECORD — SENATE May 22, 2006 the town. We were joined on that occa- where we heard that making H–2B for- The amendment I am talking about sion at the Brookwood mine area by estry workers eligible for legal aid is does not try to deal with this entire the Secretary of Labor, Elaine Chao. I the single most effective thing Con- picture. It just looks at the employ- want you to know how proud I was of gress could do to address the problem ment-based legal permanent resident her that night. She went over to the of exploitation of forestry workers. visas. union hall. These guest workers have been asked Let me go to a different chart in She had to be up at 5 o’clock the next to come to the United States because order to describe the concern I have. morning to catch a flight. But she of a labor shortage that was certified Current law says there is a cap of stayed there almost 2 hours meeting by our Government. They are here le- 140,000 persons, or 140,000 visas, that and talking with the victims of that gally. They pay U.S. taxes. Currently, can be issued under the employment- disaster. I was able to call just Friday the law prohibits legal-services-funded based LPR categories of our laws. That several family members and others who organizations from providing them has been the case now for some time— were involved in that to tell them of with any legal aid to enforce their 140,000 per year. This includes family. the passage of this piece of legislation rights under their guest worker con- These are people who come here and out of committee. They were very ex- tract. The amendment would correct seek legal permanent status in order to cited about it—a lawyer for the union this issue, and I hope that this amend- take work. But it also includes their official, families of people who were ment can be adopted when it is appro- families. Each member of the family, killed in that disaster. As the Senator priate to take action on it. of course, uses a visa as well. So the Mr. President, I also want to talk said, the price of coal is up. The de- total number of employees under this about another amendment which goes mand for energy is up. We are going to system, and family, spouse, and chil- to the issue of the number of employ- be doing more mining. This legislation dren, does not exceed 140,000. That is ment-based immigrant visas admitted what the law currently provides. will clearly be a step forward into mak- each year—the number of employment- Now, when Senators MCCAIN and ing those mines safer. I thank him for based immigrants that we admit each KENNEDY—this is my understanding of those comments. I hope we can move year under the current version of this the history, and I am sorry that nei- rapidly. immigration bill as it stands in the ther Senators MCCAIN or KENNEDY are Mr. MCCONNELL. Mr. President, be- Senate today. Let me first describe the fore yielding the floor, I thank my big picture as I see it, as far as people here so they could correct me in case I friend from Alabama. I hope this legis- becoming legal permanent residents misstated anything, but my under- lation will clear the Senate sometime under our laws. standing is that they concluded that tomorrow. I know people are working First, let me preface this entire dis- we needed to reform the law, and part on both sides of the aisle to get it cussion by saying that none of what I of the reform that we should adopt was cleared. It should not be controversial. am talking about relates to the people to clear out the backlog and make After all, it came out of committee who are here on an undocumented basis more room for additional immigration unanimously. It is supported by the today. There are other provisions of under this employment-based LPR sys- National Mining Association and the the law that apply to them and that tem. I agree with that. Clearly, that is UMWA. We need to get that bill passed. give them rights under this proposed one of the purposes of this legislation I hope, also, we can get a permanent legislation to adjust their status and and one of the effects of this legisla- Director of MSHA. It is without a per- become legal permanent residents at tion. manent Director at a very important some stage down the road. So that is They set out to do this in several dif- time in the life and safety of our Na- separate. I am not in any way talking ferent ways. Let me mention the three tion’s coal miners. about that. I know that has been a sub- main ways that they set out to do it. Mr. SESSIONS. Mr. President, I cer- ject of great controversy in the Senate First of all, they said let’s clear out tainly agree with that. I just ask that and in the Congress in general, but the backlog. By that, it is meant in the when the Senator gets home tonight, that is not the purpose of my proposed legislation that any visa that was he thank the Secretary of Labor for amendment. available to be issued in the last 5 the good work she has given to the When you talk about people who are years that was not issued because the committee in helping us pass this leg- not here illegally today, there are basi- immigration service could not get the islation. cally two major ways that a person can processing done—that any of those Mr. MCCONNELL. Mr. President, I become a legal permanent resident visas would be once again made avail- yield the floor. under our immigration laws. The two able. And the estimate we have from f ways are through the family-based visa the Congressional Research Service is program or through the employment- that there are about 140,000 of those. COMPREHENSIVE IMMIGRATION based visa program. This chart shows So we are going back for the last 5 REFORM ACT OF 2006—Continued the numbers that have been admitted years and saying: OK, are there visas The PRESIDING OFFICER (Mr. into the country up until the end of that should have been or could have CHAMBLISS.) The Senator from New 2004 through the family-based and em- been issued? Let’s bring those forward Mexico is recognized. ployment-based programs combined, and issue them and make them avail- Mr. BINGAMAN. Mr. President, I under both of those. You can see that able again. Clearly, I support doing want to speak briefly this afternoon those two together—it comes out to that. about two amendments that I intend to somewhere around 800,000. That is a They also said: OK, in order to help offer, and I hope can be favorably con- total annual figure I am talking about clear out the backlog, we need to en- sidered by the Senate before this bill is for people coming and getting legal courage some groups to come here and completed. The first will just take a permanent residency through both of exempt them from any of this cap. This moment. It relates to forestry workers. those major avenues. idea that we only allow 140,000 people This is amendment No. 4055. It would Now, this legislation we are talking to come should not apply to people we make H–2B guest workers who are in- about would, according to the Congres- are particularly interested in bringing vited here to work in our forestry sec- sional Research Service, substantially to this country, for whatever reason. tor eligible for limited legal aid. I be- increase those numbers. You can see One idea is to allow students who come lieve this amendment should be non- that their projection—and this is an es- here to be exempted from the cap so controversial. Under current law, agri- timate because, in fact, we are elimi- they can remain here and become legal cultural guest workers are eligible for nating some caps that have been in the permanent residents—scientists, tech- legal aid with respect to employment law previously, and I will discuss that nicians, engineers, people with careers rights provided for in their H–2A con- in a minute. But these estimates from in mathematics. We need those people tract. This amendment would provide the Congressional Research Service are to create a strong economy. Let’s allow H–2B forestry workers with the same that we will get closer to 2 million them to come. eligibility for legal aid. We have had legal permanent residents that we are They said also let’s eliminate some of hearings in our Energy Committee on accepting each year under this legisla- these schedule A groups; that is, people the issue. We had a recent hearing tion. So that is the overall picture. who have specialty occupations we

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.030 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4863 need to bring here. So let’s take them Let me recount what the Hagel-Mar- wise take the numbers that are esti- out from under the cap. Again, I have tinez legislation does. That is the mated by the Congressional Research no problem with that approach. fourth of these columns. The Hagel- Service and say: OK, let’s go ahead and The one other thing they said, which Martinez legislation says that we agree put a cap, and let’s make it a 650,000- is a major change in the law—this was with the proposal to clear out the person cap each year. That is slightly the bill they introduced last May, the backlog, just as McCain-Kennedy did. more than the Congressional Research McCain-Kennedy legislation—is that They are saying they agree with the Service estimated would be required or we should raise the cap, that we have proposal to exempt certain categories would be expected to apply. It is a sub- outgrown that. Let’s raise it to 290,000, from the cap. That was also in the stantial increase over current law, so the total number of people who are McCain-Kennedy proposal. And they more than four times, nearly five times being allowed to come each year—em- agree with the Specter proposal that the current level. It is substantially ployees and their spouses and chil- the definition of who should be covered more than twice what Senators MCCAIN dren—will be 290,000, in addition to the should not include spouses and family and KENNEDY proposed in their legisla- ones permitted to come because of our members. But they also believed the tion. bringing these visas forward from pre- 290,000 was too low a figure, and they I think, frankly, it would be a major vious years and in addition to the peo- raised it to 450,000. What we have now liberalization of our laws. I know there ple who come not subject to any cap at is 450,000 workers permitted to come are those who will argue that we all. and no limit on the number of spouses shouldn’t have any cap at all, but I That is how the McCain-Kennedy leg- and family members who can accom- think that is not a wise course. This islation was introduced. Frankly, my pany them. That is the legislation legislation will be improved if we can own reaction was that it sounded like a pending before us. That continues assure our constituents that we have a fairly reasonable approach. Then the under the bill, as it is before us, for a cap on the number of people who are Judiciary Committee decided to pro- 10-year period, through 2016. After 2016, coming in under this employment- ceed with legislation, and the Judici- for the period from then on, it drops based system. That is what the amend- ary Committee began to mark up the back to 290,000, plus their spouses and ment will do. chairman’s bill—Senator SPECTER’s family members, rather than the I hope to be able to explain it further when we get closer to actually offering bill—and as I understand what oc- 450,000. curred there, and in reading the record Why did Hagel-Martinez insist upon the amendment. I am told we cannot of those hearings, the Specter bill going to this 450,000 instead of 290,000? offer an amendment today. This would agreed with the effort to clear out the That is the obvious question. They did be a very useful change and improve- backlog that I have described, agreed it for a very logical reason. They did it ment in the pending legislation. I hope my colleagues will take the with the effort to exempt certain because they were providing that a cer- time to look at this issue and will edu- groups from the 290,000-person cap. It tain group of those who are currently cate themselves on what the effect of agreed to keep the number 290,000, but in the country—that is, people who the current proposed legislation would they changed the definition of what the have been here at least 2 years and be and the reasons we should put some 290,000 applied to. fewer than 5 years—that group of indi- cap on that number. I believe it would Under McCain-Kennedy, it had been a viduals would have to go through this cap on the number of workers, along be a wise course to follow. same system, so they had to increase Mr. President, I yield the floor. with their accompanying family mem- the amount of that cap as they saw it. The PRESIDING OFFICER. The Sen- bers. Under the Specter legislation, it What I am suggesting we ought to do ator from Idaho. was defined as a cap on the workers first and what my amendment will pro- Mr. CRAIG. Mr. President, I com- themselves, and there was to be no cap pose, once I have the opportunity to pliment the Senator from New Mexico. on the spouses and family members. offer my amendment, is we should put He has approached this very conten- If you look at this chart, you can see a cap on the total number of people we tious and very complicated issue in a the progression. Current law is the are allowing into the country under very thoughtful way, looking at reali- first column. The second column is S. this employment-based legal perma- ties and numbers. I appreciate his ob- 1033, which takes it up to 290,000. Then nent residency visa program. servations today. His proposal, and an the third column is the one that is the We have always had a cap on the amendment he offered that was adopt- chairman’s mark that was marked up number of immigrants coming into this ed last week, changes the numbers. I and reported by the Judiciary Com- country on an employment-based sys- am not going to stand here on the floor mittee, and that is the one that keeps tem. We have done that now for well as an advocate of the legislation and the 290,000 but says: OK, on top of that over half a century. I think we have suggest we have gotten it right, but we we are going to allow spouses and fam- done it for over a century. I think it spent a great deal of time attempting ily members. would be a fairly radical change for us to get it right, recognizing the impor- On this chart, you see an estimated to say we are giving up on having any tance of the migrant labor force inside 638,000. The reason I put that in is be- cap on this group and instead we are the American economy and, at the cause the Congressional Research Serv- going to an open-ended system, and we same time, recognizing the wishes of ice was asked how many spouses and will work on estimates. the American people to make it a family members they expect to come Part of the debate we have had in the transparent legal process with secured along with these people? They said, Senate, frankly, is the result of the borders. That is what they are asking looking back at past history, they esti- fact that we don’t have a hard cap for of us. I hope, as we finalize this legisla- mate perhaps at least 1.2 people per how many people will actually be ad- tion this week, that is the outcome of employee. So you would be talking mitted each year. I believe that is not it before we send the bill to the Presi- about 638,000, roughly, under that legis- good public policy. It is not fair to the dent for his signature. lation. But that is an estimate. This is Immigration Service, which has to plan I have come to the Chamber this the first time we have not had a cap. for the number of employees they will afternoon to talk once again about an We have an estimate instead of a cap. need and the number of applications issue that is before us. The Presiding So the obvious question we have to they will receive each year. We are Officer is the author of the amend- deal with is whether that is the right much better off having a cap. ment. Again, it is one that, in part, is level. I also believe we should make it clear a bit technical. I suggest this afternoon As we all know, the legislation that that whatever cap we have on this in my opposition to the amendment came through the Judiciary Committee group excludes those aliens who are ad- that it is predicated on what I hope are was changed once it got to the floor, justing their status because they have appropriately the unforeseen con- and we then began to work on what is been here from 2 to 5 years. If they are sequences of this amendment and the called the Hagel-Martinez legislation. in that category, they should not be impact it would have on American ag- That is the legislation pending today. counted in the numbers we calculate. ricultural employment. That is the legislation about which we My amendment would try to exclude Last Thursday night, Senator are having a great deal of discussion. that group and would basically other- CHAMBLISS opened the debate on his

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.032 S22MYPT1 rfake on PROD1PC64 with SENATE S4864 CONGRESSIONAL RECORD — SENATE May 22, 2006 amendment, and I talked about its im- rest of the story, and the rest of the as it is, the Chambliss amendment be- pact on the users of the H–2A agricul- story deals with the blue card and the gins to ratchet the wages up, setting tural guest worker program. To get blue card transitional program, the them at a 51st percentile level. I don’t right to the bottom line, my argument earned status which is a part of the think American agriculture has that is that the Senate should keep the pro- whole of this program. It isn’t just a one figured out yet. vision that is in the bill now and deny matter of putting in a wage; it is a What could ultimately happen is that Senator CHAMBLISS the success of his matter of how that wage ultimately af- we lose the value of the transition of amendment. Why? A deal doesn’t nec- fects the transition into a blue card the blue card, especially when it comes essarily have to be a deal, but at the status. to vegetable crops and crops that can same time, over the course of the last We have done a pictorial chart to- move very quickly out of this country 4 years, in negotiating with agricul- night that I think better explains what that aren’t mechanized and are labor tural employees and agricultural em- we are talking about. intensive. Already, we are beginning to ployers, we attempted to bring some We believe the blue card built within lose those farmers because the worker rationale to a method of compensation the agricultural jobs is that transi- isn’t there. If all of a sudden that wage under the H–2A program that simply in tional tool which allows American ag- scale shoots up under the Chambliss most opinions was out of touch with riculture to cross the chasm, if you bill, as I propose it will, to a prevailing reality. It was escalating on an auto- will, and allow a reformed H–2A pro- status, my guess is not only will you matic basis every year, and it simply gram, a guest worker program, to come not have the worker but you will not was not fitting the need, especially into being. It won’t happen overnight, have the producer out there in the field when more and more in agriculture but it will happen under the law, and it simply because they will not be able to were illegal and were not under that will happen with a wage scale that is afford to pay that wage in a competi- program. pushed back as we make sure we get it tive way. More and more of our produc- Now a small minority actually, some right. That is under the reform pro- tion, tragically enough, I believe will 40,000-plus a year, are under the H–2A gram. go south of the border in some of these program and identified with the wage The second part of the agricultural areas. Much of that production today set by that program. It is possible—and jobs is a one-time-only program, right happens outside the United States. we are not sure—but a million-plus are here, a blue card. It will last for a spe- So I think when we are talking about not and are simply out there in the cific period of time while we are what sounds like a good idea, we better marketplace bidding for a salary that, transitioning the illegals here today put it in the context of what the bill is in most instances, is below the H–2A into a legal status so they can continue really about; that is, the transitional adverse wage that is proposed. to work and move back and forth time of 2 to 3 years of blue card work- So what did we do? Recognizing that across the border in a guest worker ers who are in the market today work- disparity, we reached back, with the program. ing at a variety of wages, depending agreement of all of the parties in- The blue card program is a critical upon the particular job, the particular volved, and said that one of the pieces piece of the agricultural job solution. type of agriculture, and all of a sudden of getting this puzzle right was to It is an essential transition program. establishing a whole new wage base freeze that wage in 2003 at the 2002 Let me repeat, agriculture needs this substantially above where they are level, and that is what is in the bill. So blue card if we don’t want to throw it being paid but, as the Senator from that pushes that wage scale back sub- immediately into havoc because agri- Georgia would argue, below H–2A. But stantially for a period of 3 years while culture, whether we like it or not, remember, once again, only about we look at what Senator CHAMBLISS based on an H–2A law that didn’t work 45,000 workers are in H–2A, and there has attempted to do in his legislation at all well and a very transparent bor- are well over a million who are all of a in developing a prevailing wage for der, has grown increasingly dependent sudden going to be affected by the blue American agricultural employers and on an illegal workforce. There are no card status and by the Chambliss employees that fit into this guest wage requirements for blue card work- amendment. So it is tremendously im- worker category. ers in the bill. It is only the 40,000-plus portant that we bring this into con- I don’t know that we, with all of the H–2A we shove back. They are paid text. different categories of wages, can auto- whatever the farmer is paying, what- Now, that is not going to be just a matically put it all under one at this ever the current wage is in the area, couple of workers, as I said. That is time. Of course, that is what the Sen- and other workers are gaining. And nearly 70 percent of the current agri- ator attempts to do. The agriculture those wages would differ from place to cultural workforce we believe to be un- section of S. 2611, as I said, imme- place and job to job, farm to farm. documented. Not all of those workers diately drops that wage down, and then What the Chambliss amendment are going to qualify for the blue card over a period of 3 years, we look at it does, however, is it says that blue card program, but a lot of them will. Our and adjust as the program is adjusting workers must be paid a prevailing blue card program envisions that it because we are not going to have ev- wage. It pushes the base up substan- could go as high as, over a 3-year pe- erybody inside the program once it be- tially. The Chambliss amendment riod, 1.5 million, and if I am not mis- comes law for a period of several years doesn’t just deal with the wages of the taken, those higher wages won’t be as the program adjusts and as we work H–2A program, the 40-plus, it applies limited to the blue card worker. our way through and people begin to the same fix to every farmer who em- But what the Senator from Georgia qualify under the blue card system ploys a blue card transitional worker. is doing is setting a new, higher floor that we proposed to become legal work- Now, why is that significant? Here is for all agricultural employment. Some- ers and have permanent visas for the why: By definition, the prevailing wage how, you are talking about inflating purpose of moving back and forth is neither the lowest nor the highest the wages of a large percentage of the across the border as guest workers to wage; it is just about in the middle or American agricultural workforce. I am work in American agriculture. between the two. It is the 51st per- not against higher salaries. I am for a What I have attempted to do and centile in wages. So even if a farmer is fair salary. What I am concerned about what I am attempting to understand is paying a lower wage for a particular in particular is labor-intense areas, and what in the bill is now the best deal for job, if he hires a blue card worker, if those crops will simply cease to exist American agriculture. That is one rea- the Chambliss amendment becomes and they will go south of the border, to son I believe a vote on the Chambliss law, he is going to have to pay the blue Chile or somewhere else. In areas of ag- amendment is not a good deal for card worker a higher wage than he is riculture that are highly mechanized, American agriculture at this moment. currently paying today. And if the there will be limited to no effect. And But that is not the only reason. Let me Chambliss amendment is adopted, the it is that which I believe we have to talk about the rest of agriculture, the lower 50th percentile of wages, that is put into context. million-plus who will now be affected the figure that becomes the calculating So what is the result? The result is by the Chambliss amendment if it is to base for the next year. While you freeze that employers, in my opinion, won’t become law, because I see that as the for 3 years and let the wage scale work be able to afford blue card workers. Is

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.035 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4865 that the intent of the Senator from torted by the proposal which is being Mr. HARKIN. I thank the Presiding Georgia? I don’t think so, but I believe offered by the Senator from Georgia. Officer. it is the unintended consequence we That is why I hope my colleagues Mr. CHAMBLISS. Mr. President, I are talking about and something I would stay with us and stay with what appreciate very much the arguments think my colleagues need to under- is in the bill and in the provision that made by the Senator from Idaho, but stand. we call AgJOBS, that rolls back—on there are a couple of very obvious Part of that was the discussion over 40,000-plus workers qualified under the faults in the argument relative to the the last 4 years. This is something H–2A program, rolls their wage back to wages farmers should pay to the folks which didn’t just come up yesterday. the 2002 level, freezes it for 3 years, who work for them. There were 4 years of negotiation be- while the Department of Labor, work- First of all, the adverse effect wage tween the employer and the employees ing with American agriculture, can get rate, which is in the current law and is as to how to get an H–2A wage right. this right because I am convinced that in the current bill, and is supported by We had the adverse wage for a lot of the unintended consequences of now Senator CRAIG, is the only provision in reasons, such as because of where agri- mandating a Federal floor, if you will, the labor laws of this land that uses culture was located and because hous- to American agriculture is not where the adverse effect wage rate, and we ing wasn’t available. There were a lot we want to go. both recognize that this is a flawed of things that were brought into that If we want American agriculture to system. By his own admission, the Sen- discussion. We know our country has transition across this chasm, to get its ator from Idaho recognized it, and I changed since the creation of the first workforce legalized, as it wants and as recognize it. It is a flawed system be- H–2A law. And while there are still the Senator from Georgia and I want, cause it was never intended to be used other benefits tied to the wage, that is then we have to make sure the transi- by the Department of Labor as a means why we could effectively negotiate tion which allows that to happen effec- by which wages would be set. So my re- rolling that wage back and allowing tively uses this tool, the blue card, sponse to that is, let’s take what all American agriculture and the employ- which will allow that kind of transi- other labor laws utilize in determining ers in American agriculture to effec- tion to go forward in a way that causes wages, and that is a prevailing wage. tively look at what we were doing and us to adjust. You come up with a method whereby strike the kind of balanced margin We can’t take the blue card off the the skills that are attached to the indi- that is necessary. table. I will argue that in the end, if vidual laborer, the location where that What happens? What happens if the the Chambliss amendment passes, we laborer is going to work, and the type blue card is removed? I am going to have taken that worker out of the of job for which that person is to be argue tonight that the Chambliss workforce. That is not going to be good hired determine how much that person amendment has the effect of removing for American agriculture. That is not is going to be paid. What happens now the blue card substantially because it going to be good for the crops that are is there is simply a rollback in the cur- inflates that lower wage base signifi- rotting in the fields today if, by that rent bill of the adverse effect wage rate cantly. What happens if it is removed? action, we now have a Federally man- to the year 2002. That is 4 years ago. The bridge that is the chasm we cross dated prevailing wage which brings And by rolling it back 4 years, there is as we transition with American agri- that wage rate up across the board in a an admission that there is a significant culture into a legal—a legal—guest way that disallows American agri- problem there. worker program goes away. That is culture from being competitive. I don’t want to misquote my friend what I am worried about, dramatically I believe those are the critical points from Idaho, but the other night, Thurs- worried about, and that is why I am involved in the difference between day night, when we were arguing about this on the floor—I might add, in a way urging my colleagues to vote against where we are and where we know we that moves both of us to the same con- the Chambliss amendment because I need to get. We need to get there in a clusion, which is to make sure we pro- think if that goes away, there is no way that allows the worker to be treat- vide that quality workforce—the Sen- transition. Within a very short time, ed fairly, the producer to be treated fairly, and most importantly that we ator from Idaho said that at the end of even under tight labor conditions have an available, legal workforce to the day, what he wants to get is a pre- today, because our borders are getting meet the needs of American production vailing wage. I am going to talk about tighter and because of shifts in the agriculture. That workforce is at risk that again in a minute. But if we want workforce, this drives that workforce today, and with the passage of the to get to a prevailing wage, let’s get to even further out of the ability to be Chambliss amendment, significantly it now. hired by much of American agri- changing the base rate, it will be at Mr. CRAIG. Would the Senator yield? culture. I think it is tremendously im- even greater risk as production agri- Mr. CHAMBLISS. I am happy to portant that we look at all of that and culture looks where it needs to farm to yield. understand it. be competitive in a world market. It Mr. CRAIG. Mr. President, I don’t Here is something else that is ironic. may not be on the soil of this great think he and I disagree. My concern is The Chambliss amendment creates a country, and that would be the wrong you are affecting 1.5 million workers federally mandated wage base for thing for us, the wrong thing for our by your immediate action, and I am af- American agriculture. Some will argue country, and certainly for our con- fecting 40,000-plus in rolling them back. that we have done it in a couple of sumers. So I hope my colleagues will And we are giving a period of transi- other areas, but most of us will say the look at that and consider it as we deal tion of 3 years to get right what you market ought to work. It was only in with this issue. have proposed. My concern is that in the unique status of H–2A that we had I yield the floor. getting right what you proposed, you a different kind of wage base. I will The PRESIDING OFFICER (Mr. MAR- have an immediate effect on the next argue today, and I think appropriately TINEZ). The Senator from Georgia is phase of agricultural jobs, and that is so, that we are setting an entirely new recognized. the transitional period of time in standard for 70 percent of the American Mr. HARKIN. Parliamentary inquiry, qualifying the blue card worker to be- workforce. Instead of allowing us to Mr. President. come a permanent worker or a perma- make sure that it fits right in the pro- Mr. CHAMBLISS. I am happy to nent legal worker, and that imme- gram, looks at the diversity, looks at yield to the Senator from Iowa. diately inflates the wage base. And the kind of representation that is re- Mr. HARKIN. Mr. President, my in- then immediately upon inflating it flected all over the United States when quiry is, is the Senate under a unani- once, you inflate it again the next year it relates to where you are working, mous consent agreement that it would and the next year because you have how you are working, the type of work go from one side to the other in this lifted the base, ratcheted it up by each you are doing—is it piecework, are you debate or is it just jump ball? It is just year’s calculation. I think that is a doing it by the amount produced in- whoever gets recognized by the Chair very legitimate concern. So I ask you, stead of by the hour of work—all of to speak? is that not the impact of what you do? that kind of thing works today, and I The PRESIDING OFFICER. That is I am affecting 40,000-plus; you are af- am not so sure it is not effectively dis- correct. fecting 1.5 million.

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.037 S22MYPT1 rfake on PROD1PC64 with SENATE S4866 CONGRESSIONAL RECORD — SENATE May 22, 2006 Mr. CHAMBLISS. I reclaim my time, pay them a lower wage rate. It is not come legal permanent residents. Until Mr. President. fair. they achieve legal permanent resident Here is the deal. The deal today is My amendment is all about fairness, status they should be considered tem- that a farmer in America, wherever he and it requires farmers to pay a reason- porary foreign workers and treated may be, whether he is in Idaho or Geor- able wage rate. They don’t mind paying similarly. gia, who goes out and hires workers to a reasonable wage rate to get an honest From the employer’s side, no dif- come here legally, pays the adverse ef- day’s work out of an employee. ference exists between employers who fect wage rate. In my State, that hap- This amendment is not about num- utilize the H–2A program and those pens to be about $8.37 an hour right bers either. We had a lot of discussion who use the blue card program. This now. In addition to that, they pay for the other night about numbers which, applies across the board to all com- their transportation, they pay for all frankly, were developed by the Amer- modities produced and livestock raised their consular fees, they provide hous- ican Farm Bureau. The American Farm production methods and for their need ing, so the $8.37 an hour is a little bit Bureau has access to every farm in of dependable workers. There is a misleading. It is actually more in bene- America. They have the ability to major difference though. H–2A workers, fits than that. The neighbor next door come up with what are the wage rates many of whom have been coming to the to that farmer, which is that category that are being paid by every farmer in same employers for years in this coun- of blue card worker that you address in America. That is how we arrived at our try legally—the vast majority did not your comments, he is paying probably numbers. It is not about how Senator bring their family members, and they $5.15 an hour to that individual. So the CRAIG arrived at his numbers for the returned home at the end of their peri- farmer who is trying to be legal is pay- adverse effect wage rate. That is not an ods of employment, just as the law re- ing a fair wage rate, or paying a wage argument on our part. This amendment quires. rate with benefits that is significantly is simply about fairness. These H–2A workers were not ex- different than the gentleman that he is The AgJOBS portion of the under- ploited while they were here because competing with on the farm next door. lying bill is simply not fair. It is not the employers played by the rules. What the proposed legislation does is fair to the employers across the United Playing by the rules was expensive. continue that difference. It takes those States, and it is not fair to those who The adverse effect wage rate is expen- individuals who are here illegally work on our farms—whether they are sive. But those employers did it to today and says we are not going to illegal, whether they are in a tem- their competitive disadvantage with a guarantee them the adverse effect wage porary worker program, a legal perma- neighbor who employed illegals at a rate or the prevailing wage rate. We nent resident, or a U.S. citizen. significantly lower rate, who did not are going to continue to treat them as Why? Because the underlying bill pay the transportation costs of those a second class citizen, and we are going provides wage guarantees only to those workers, and did not provide those to allow farmers who use them to have foreign workers who come in under the workers with housing. temporary H–2A program. At present, an advantage over farmers who use On the other hand, illegal workers those workers do number in—I don’t legal workers. who will benefit from the blue card know whether it is 35,000 to 40,000 or All my amendment says is that ev- program broke our laws when they 45,000 to 50,000 this year, but that is the erybody ought to use legal workers. We came here, even though they came here range it will be. The 1.5 million work- ought to give farmers across America for the same reasons as the H–2A work- ers who will be legalized under the the opportunity to choose from a pool er. The employers who hired them, per- AgJOBS blue card program do not re- of workers to plant, tend, and harvest haps some out of absolute necessity— ceive a wage guarantee. This is a tre- their crops. During the whole course of and I understand that—but, by doing mendous flaw in the AgJOBS bill, in the time that they are here in a legal that, they also broke our laws. Regard- my opinion. If these blue card workers manner, working under that contract, less of the circumstances under which are willing to work for $5.15 an hour, before they have to go home, we want those illegal workers are employed in then that is all their employers have to to make sure they are paid a fair wage. agriculture now, I would be willing to pay them. Those folks who are here le- That wage is determined as the pre- bet that many were exploited, under- gally are going to be required to be vailing wage rate by the Department of paid, and indentured along the way. Labor, and it is based, again, on the paid the adverse effect wage rate, That is why I do not understand why skill of that worker, on the job for which is significantly above that min- the underlying bill fails to protect the which that worker is hired, and on the imum wage rate of $5.15. illegal workers, who adjust their sta- wages that are prevailing in the area in What is ironic to me is that these tus, and guarantee them a fair wage. which that worker is hired. That is ex- workers, whether here on a blue card actly what my amendment does. or on a H–2A visa, are essentially the I also don’t understand why the We don’t eliminate the blue card. same. Most come from the same coun- AgJOBS bill fails to protect U.S. work- You still have the blue card. The folks try, Mexico; and many from the same ers who do farm work by neglecting to who hire blue card workers under the villages. Most are here because of the require employers who use foreign current bill are going to have an ad- poverty that exists in their home coun- labor, whether they access via the H– vantage over those employers, those tries. All are here to earn money to 2A program or the blue card program, farmers who have been legal and uti- support their families and improve the to pay all workers in that occupation a lized H–2A and who want to utilize H– quality of their lives. prevailing wage. 2A in the future. Many will work in the same occupa- Mr. CRAIG. Will the Senator yield on It is a very skewed way of arriving at tions. Shouldn’t they be treated the that point? a wage rate that we both agree upon. same? I believe they should. Under the Mr. CHAMBLISS. I will be happy to. The question is, How do you get from AgJOBS bill, they are not. The distin- Mr. CRAIG. Inside the AgJOBS Act today, from May 22, 2006, to a pre- guished Senator from Idaho might there is a U.S. labor pool established. vailing wage rate? argue that they are different and They would pay the going wage. They I say let’s do it now. What the under- should be treated differently. He does, have to make sure that pool is ex- lying bill says is let’s take 35,000 or in a way, say that because those who hausted so U.S. citizen agricultural 40,000 workers who are here currently are legalized with the blue card pro- workers are protected. You go there under H–2A, and let’s allow them get to gram will be here permanently. How- first before you go to hire a blue card a prevailing wage rate down the road, ever, legalized blue card workers do not worker or a H–2A-qualified worker. within some certain period of time. But have permanent status. The blue card I hope the Senator understands that let’s take this other 1.5 million and program simply allows these legal they are protected in that sense, as it let’s keep them depressed. Let’s let workers to stay here, employed in agri- relates to making sure that they are farmers who hire that blue card worker culture, until they meet all the re- the first in line, if you will, for a job continue. And it is not going to go quirements for legal permanent status. that is available if they would choose away. You better believe they will be No one can calculate how many of to work in that field at the wage that here working because they are going to these transitional workers will ever be- exists at that point.

VerDate Aug 31 2005 03:08 May 23, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.039 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4867 Mr. CHAMBLISS. I guess the ques- region: Alabama, Georgia, South Caro- one who negotiated this, is it not true tion is, though: How many U.S. work- lina. A farm worker job, or a worker at that this is a broadly agreed upon solu- ers are out there who do take advan- the State farmers market in Atlanta, tion for both farm workers as well as tage of that now, or would in the fu- GA, is compared to the same agricul- growers? ture? I think you and I both know the tural worker at the farmers market in Mr. CRAIG. I believe it is fair and answer. It is minimal at best. Thomasville, GA. They are 225 miles balanced. The reason it is is because we Reclaiming my time—I am about to apart. One is a very urban area, At- pushed a wage scale that is already run out of time. lanta, GA. The other is a very rural there back 3 years. We do it this time Mr. CRAIG. OK. area, Thomasville, GA. It is pretty to get right what the Senator from Mr. CHAMBLISS. We are going to easy to see why the Senator from Idaho Georgia has proposed. He has shown have our time split at 5:15. Agricul- says this is a skewed way to calculate the disparity that already exists out tural employers who utilize blue card wages. With that we agree. there—and it exists in all formulations workers must only pay the blue card The prevailing wage rate method of when it relates to agriculture and agri- workers the minimum wage and are calculating wages says individuals who cultural jobs. We have never focused on not required to pay U.S. workers any work at the farmers market in Atlanta agriculture except in the H–2A area. more than the minimum wage. I think will be paid a wage comparable to We believe it did get out of line, and we can agree on that. other farm workers in the Atlanta that is why it is shoved back. Then we The H–2A program requires that em- area. That wage earner in Thomasville, proceed, just as the Senator men- ployers who utilize H–2A pay all work- GA, will receive a wage that is com- tioned, in a methodical way to examine ers in the same occupations in which parable to agricultural workers who the country and get the wage scale rate they employ H–2A workers the same are paid in the Thomasville, GA, re- right. wage guaranteed to every other H–2A gion. Mrs. FEINSTEIN. Is it not true that worker. I am prepared to yield back, assum- when I introduced the blue card pro- Throughout this immigration debate ing that we have approached the hour gram in the Judiciary Committee I just we have heard that widespread use of where we are going to divide these last took that part of the H–2A program foreign workers will depress wages and 30 minutes? which the Senator and Senator KEN- that employers will reject U.S. workers The PRESIDING OFFICER. Under NEDY had put together in the AgJOBS in favor of foreign workers who are the previous order, the time until 5:30 bill? willing to work for less. In fact, the shall be equally divided between the Mr. CRAIG. That is correct. Senate passed by a voice vote an Senator from Georgia and the Senator Mrs. FEINSTEIN. This has been a amendment that was put forward by from Massachusetts or his designee. longstanding compromise that has the distinguished Senator from Illinois, Who yields time? been out there, which is a negotiated Mr. OBAMA, addressing this very issue. Mrs. FEINSTEIN. Mr. President, I compromise. Rather than trying to make the same have had an opportunity to listen to If I might ask one other question, in argument that Senator OBAMA made, I the discussion between Senator CRAIG the negotiations that the Senator had simply want to quote him because it and Senator CHAMBLISS on this provi- on AgJOBS, how long did it take to was on the same issue of prevailing sion of AgJOBS which we put in as part come up with this negotiated com- wage for another program, the H–2C of the blue card. I congratulate Sen- promise? program. Here is what he said. It was a ator CRAIG on one of the most colorful Mr. CRAIG. Frankly, the adverse very good explanation. Senator OBAMA charts that we have seen. wage issue was one of the more conten- said that his amendment essentially The labor provision of this bill is a tious, for a variety of reasons—first of says: compromise that was negotiated. I all, because producers saw it as being . . . the prevailing wage provisions in the think it makes sense to leave it that complicated with a lot of requirements underlying bill should be tightened to ensure way. It is left that way for 3 years. other than just a wage, and obviously that they apply to all workers and not just This has been the subject of long nego- some workers. The way the underlying bill is employment saw it as an advantage currently structured, essentially those work- tiations. After many attempts to try to but limited. As a result, we were able ers who fall outside of Davis-Bacon projects find the right balance, Senators Ken- to agree to shove it back. or collective bargaining agreements or other nedy and Craig struck an agreement As I say, that rarely happens in provisions are not going to be covered. That that was supported by both growers American history, to actually by law could be 25 million workers or so which could and farm workers across this Nation. push the wage scale back but to do so be subject to competition from guest work- That is the language in this bill. with the understanding that we would ers, even though they are prepared to take Under AgJOBS, H–2A workers are get equity and fairness through the ap- the jobs that the employers are offering, if paid the greater of the prevailing rate they were offered at a prevailing wage. My proach that the Senator has outlined. hope would be that we can work out what- or the adverse effect wage rate. As Sen- That was the approach we used. A coa- ever disagreements there are on the other ator CRAIG has said, the standard is lition of well over 500, including agri- side. This is a mechanism to ensure that the frozen at 2003, and growers will be re- culture, a lot of agricultural producers. guest worker program is not used to under- quired to pay the prevailing wage, or Mrs. FEINSTEIN. How long has this cut American workers and to put downward what the adverse wage rate was over 3 agreement been in place? pressure on the wages of American workers. years ago. The compromise states that Mr. CRAIG. About 3 years—21⁄2 years, That is exactly what I am saying be- this will be the wage rate just for the actually, as we formulated it. cause, if we have a prevailing wage, next 3 years. And during that time, the Mrs. FEINSTEIN. I thank the Sen- American workers are going to be more GAO and a commission of agricultural ator. My time has expired. inclined to take those jobs rather than and labor experts will perform two I urge the Senate to vote no on the blue card workers coming in and being studies examining H–2A wage rates and Chambliss amendment. willing to take $5.15 an hour. That is making recommendations to Congress. The PRESIDING OFFICER. Who exactly what is going to happen if we If at the end of the 3 years Congress yields time? set the prevailing wage, which is where fails to enact a new adverse effect wage Mr. CHAMBLISS. Mr. President, I it ought to be, rather than utilizing rate, the adverse effect wage rate yield myself such time as I may con- your blue card program, which is going would be adjusted by the cost of living. sume. to wind up in millions, or hundreds of While changing AgJOBS isn’t, alone, The Senator from California was not thousands of agricultural workers a disqualification, I think we have to involved in those negotiations, and I being hired at minimum wage. be very careful before we upset what chair the Agriculture Committee. I do Let me close by saying, here is the has been a very carefully crafted com- not know how to respond to that other reason that the adverse effect wage promise that is supported by a broad than by saying that certain segments rate is so skewed. This is the chart coalition of Members from all sides of of agriculture were involved in the ne- that shows which States are used in the debate. gotiations, I assume. My dear friend calculating the adverse effect wage If I might, I would like to ask Sen- from Massachusetts was involved, and I rate. In my case we use the southeast ator CRAIG a question. Since he was the daresay that I have more farmers in

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.040 S22MYPT1 rfake on PROD1PC64 with SENATE S4868 CONGRESSIONAL RECORD — SENATE May 22, 2006 my home county than we have in the part of our country, the market should associations. I find it fascinating that vast majority of Massachusetts. dictate, and the market dictates under the California Farm Bureau, which My point is not that these discus- the prevailing wage rate. It simply supports the position, isn’t quite good sions did not take place over a long pe- does not dictate under the adverse ef- enough. The California Apple Commis- riod of time between farmers—I don’t fect wage rate. sion, the California Avocado Commis- know who they were. But I can tell you That is why, in the Senator’s bill, the sion, the California Association of this: The American Farm Bureau has adverse effect wage rate is rolled back Nurseries and Garden Centers, the Cali- looked at the AgJOBS provision. They 4 years. There is a flaw in the way the fornia Association of Wine Grape Grow- have looked at my amendment. They wage rate is calculated. If you are ers, the California Canners and Peach have looked at the bill that I sub- going to roll back the wage rate, which Association, the California Citrus Mu- mitted which was somewhat contrary is actually going to move toward the tual—we have nearly 500 groups that to AgJOBS. The American Farm Bu- utilization of the prevailing wage rate, have endorsed this. reau—which, as I said earlier, has ac- let’s do it now. Let’s require that all The reason they have endorsed it is cess to virtually every farm in Amer- farmers in America pay a reasonable because they see the need to do it right ica, particularly from the standpoint of wage rate for their employees based and get a reasonable transition. the calculation of wages—has con- upon what other farmers in that region The Web site the Senator from Geor- cluded that my amendment is fair and pay for employees. gia is talking about has to be right. It reasonable. And the American Farm For example, I know in northern has to be effective and reflective. It Bureau is recommending a ‘‘yes’’ vote California there are different crops doesn’t do that today. That informa- on the Chambliss amendment. grown than in southern California. tion is now not available in that con- To say that this has been discussed There are different types of jobs. But text. over a period of time by a group, or a today, under the AgJOBS bill, a farmer Let me go back to the transition. We large group—whatever the term was— in northern California will pay exactly are talking about those who are illegal of farmers across America, my farmers the same wage rate as a farmer in today and wanting them to come for- were not involved in those negotia- southern California. ward, get a background check, show us tions. Senator CRAIG and I have had Here is the chart. This shows how their credentials, qualify for a transi- any number of conversations about the wage rates under this bill are cal- tional status, called earned adjustment bill and about our various amend- culated. They use the entire State of status, and a blue card, and to do so in ments. But we were not involved in California. It is a different type of a fair and responsible fashion. those negotiations. farming. There is a different skill re- They can stay and continue to work. I see my friend from Iowa, Senator quired in northern California than While they are doing that, we are going GRASSLEY. He comes from the Farm there is in southern California. There to work to get the wage scale right. In Belt of America. I daresay that his is a different skill required in a tractor our work over the last good number of farmers were not involved in those ne- driver versus somebody who goes into years, literally hundreds and hundreds gotiations. Let us be very clear about the field and cuts lettuce or cuts cab- of agricultural groups and associations this. There was not a discussion or a bage or cuts squash or whatever it may have stepped forward and said: Help us negotiation by America’s farmers for be. fix this. Help us use this blue card to what they thought was best. Under the adverse effect wage rate in get across, in a transitional way, for a Mrs. FEINSTEIN. Will the Senator the base AgJOBS bill, that is not taken legal workforce, in a reformed H–2A yield? Mr. CHAMBLISS. I would be happy into consideration. Under the pre- program. The compromise that the to yield. vailing wage under my amendment, it Senator from California talked about Mrs. FEINSTEIN. I can speak for is taken into consideration. was just that. It was a transitional California, and California’s Farm Bu- If anyone says it is difficult to deter- wage to get this fair and equitable. reau has signed off on this. I can tell mine, how do I know in my example of What the Senator from Georgia is the Senator that no State has as many Thomasville, GA, what it takes to hire doing is not affecting the 40,000-plus of farmers and growers as California does. that worker? Let me tell you what you H–2A under adverse wage. We are doing This is the accepted agreement. have to do. You simply have to go to that. We are shoving those wages back. I thank the Senator. the computer and plug into a Web site, He is affecting the 1.5 million that may Mr. CHAMBLISS. I thank the Sen- the Department of Labor. And you des- cause agriculture to become non- ator from California for her comments, ignate the area. You put into the com- competitive if we don’t get the wage and I tell her that I dialog with many puter where you are located, what the scale rate right and involve agriculture farmers in her State on a regular basis, job is, and the computer immediately along with the Department of Labor, as particularly as chairman of the Agri- gives you what the Department of our studies would do, to make sure we culture Committee. I am hearing from Labor has determined to be a pre- get an equitable and fair wage. Fair a large number of her farmers in strong vailing wage. It is very simple and very means two sides. For the worker, it support of my amendment. easy. It ensures that one farmer next means certainty; for the producer, ab- Again, when you say that a majority door to another farmer is paying em- solutely, the product that is pro- number of farmers in America think ployees the same wage rate. You don’t duced—especially in the vegetable this is the way to go, you can’t say have a farmer who is paying $8.37 cur- crops, in the intensified labor crops— that. That is simply not right. There rently required by the adverse effect has got to be competitive against a are only—by Senator CRAIG’s num- wage rate and the farmer next door world market crop, or we will shove bers—less than 50,000 farmers in Amer- paying $5.15 an hour for the same job. those producers and that kind of pro- ica—and I happen to agree with him on This is about fairness. It is about eq- duction out of the country. this—who currently utilize H–2A. I uity. It is about ensuring that farm We have to do it in a balanced way. daresay the rest of the farmers in workers who come here under the base What we have offered allows the Sen- America don’t even know what ‘‘ad- bill, which I, frankly, don’t agree with, ator from Georgia, as the chairman of verse effect wage rate’’ means. But I but if we are going to pass this, then the Agriculture Committee, to partici- can tell you they know what ‘‘pre- let us be fair to those employees who pate. He did not participate in these vailing wage rate’’ means. They know come here and work in agriculture. Let negotiations because he did not agree when they hire a tractor driver in the us pay them the rate that is prevailing with them. He did not agree with the southwest part of Texas what their in the area in which they work. transition of getting through what we neighbors are paying for a tractor driv- I reserve the remainder of my time. attempted to do in AgJOBS. That was er. And that is how you calculate a pre- The PRESIDING OFFICER. Who his choice. In the end, both he and I vailing wage. That is not how adverse yields time? agreed on many of the provisions ex- effect wage rate says you will pay that Mr. CRAIG. Mr. President, standing cept this one. It is important we stay tractor driver. in opposition to the amendment, it is with the work product. Whether farmers in California or fascinating to me that we now want to Literally hundreds and hundreds of farmers in Georgia or the northeast play a game of what groups and whose farm groups and associations across

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.041 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4869 the Nation that deal with this type of hourly wage rate for agricultural work- up to $7.86. But no, the Senator from workforce recognize the need of the ers. The AEWR was established under Georgia wants this down to what some transitional period of time and the le- the Bracero guest worker program for people have said is paid to piece- gality of the workforce, as do we. It is Mexican workers that ended in the workers, $3 or $4 an hour. Three or four reflected in the bill. I hope our col- 1960s. It was created to ensure that dollars an hour? We might not have leagues continue to support it. guest workers would not adversely af- many farmers in Massachusetts, but Mr. LEAHY. Mr. President, the Com- fect American workers by depressing whoever we have in Massachusetts un- prehensive Immigration Reform Act wages. Removing AEWR from the wage derstands below poverty wages, and $3 includes a subtitle known as AgJOBS, equation drives wages downward, or $4 an hour for piecework is a poverty a bill that has long been championed which hurts all workers—American and wage. It is wrong. by Senator CRAIG, Senator KENNEDY, foreign. It is no secret that our agricul- If it is so troublesome that they are and a broad bipartisan group of Sen- tural industries depend on cheap labor, going to get paid $7.86, if Members are ators. I strongly support this bill be- and some estimate that 70 percent of so worked up about that, if Members cause it will help both farmers and agricultural workers presently working think that is too much for someone farm workers in Vermont and around in the U.S. are undocumented. For all who works hard, for someone who does the Nation. the of national security reasons I have some of the most difficult work in this AgJOBS contains a package of re- cited throughout this debate, we need country, go ahead and vote for the forms that are badly needed in the sea- to bring agricultural workers out of Chambliss amendment. sonal agricultural worker program, the shadows. But we must also recog- Mr. President, $7.86, when these called H–2A visas. AgJOBS was nego- nize that vulnerable populations de- workers have to pay $3 to get a gallon tiated with the full participation of ag- serve our support and protection. Farm of gasoline? Talk about fairness. I lis- ribusiness and farmworkers’ unions, workers are among the most vulner- ten to the Senator from Georgia. Let’s and it reflects a fair and thoughtful able laborers in the Nation and I can- talk about fairness. Let’s talk about balance of the needs of both farmers not support an amendment that would equity. Let’s talk about treating every- and workers. slash their wages further. one the same. They will be treated the The version of AgJOBS contained in I yield the floor. same, but they will be treated mighty S. 2611 protects business by ensuring a The PRESIDING OFFICER. Who shabbily. This is a question of respect steady flow of legal workers. It assists yields time? for those workers. Do you respect them agricultural workers by preventing Mr. CHAMBLISS. How much time re- in the United States, these hard-work- wage stagnation in a growing economy mains? ing people? Finally, about 20 percent of and by providing labor protections. It The PRESIDING OFFICER. The Sen- agricultural workers are Americans. You will depress their wages, too? Evi- helps both business and labor by giving ator from Georgia has 71⁄2 minutes. The dently. I hope we are not going to be trained and trusted foreign agricul- Senator from Massachusetts has 61⁄2 tural workers a path to permanent im- minutes. about that at this time in this debate migration status if they meet the re- Mr. KENNEDY. I yield myself 4 min- and discussion. quirements in the bill, such as paying utes. I noticed that on page 2, the Senator fines and taxes, keeping a clean crimi- The PRESIDING OFFICER. The Sen- talks about the prevailing wage, the nal record, and working the requisite ator from Massachusetts. occupation, and the applicable State number of hours. Mr. KENNEDY. Mr. President, I minimum wage. Is there a State min- The Chambliss amendment is an at- thought there were certain values in imum wage in Georgia, I ask the Sen- tack on wages for agricultural workers this Senate upon which we could agree. ator? who are among the lowest paid laborers If you work hard in this country, you Mr. CHAMBLISS. The minimum in America. By unfairly favoring the shouldn’t live a life of poverty. We wage in Georgia is $5.15 an hour. Mr. KENNEDY. In agriculture? growers over foreign workers, the have been trying to raise the minimum Mr. CHAMBLISS. Yes. Chambliss amendment would upset the wage—which is $5.15 an hour—trying to Mr. KENNEDY. The State minimum careful balance on wages and labor pro- raise that for over 9 years, and our Re- wage in agriculture is $5.15 an hour. tections that were negotiated with the publican friends, including the Senator Am I right that there is no way that participation of agribusiness and from Georgia, have been opposed to it. even those who are picking per bushel unions in the AgJOBS bill. Look what this bill does. The current would go below $5.15 an hour? The Chambliss amendment requires farm wage is $10.11; for an agricultural Mr. CHAMBLISS. What happens is employers to pay workers the highest job, it is $7.86; and the Chambliss these wage earners in the fields in of two wage rates: the prevailing wage amendment is below the minimum Georgia and all over the country go out in the area of employment, which may wage. Not only is it below the min- and they take a bucket out into the be determined by an employer who con- imum wage, but he specifically writes field. They cut squash, cucumbers, or ducts his own local survey, or the ap- in his amendment that it will be below they cut whatever the crop may be, plicable State minimum wage. Basing the minimum wage and State min- they put it in that bucket, they dump wages on the higher of these two rates imum wages will apply when they that bucket in a bin, and they are could result in deep cuts to wages. apply. But Georgia does not have a given a chip. At the end of the day, Some State minimum wages are very State minimum wage. those chips add up to dollars. They are low, such as Kansas, which requires I don’t know what the Senator from required to be paid the minimum of ei- only $2.65 per hour. Senator CHAMBLISS Georgia has against someone working ther the minimum wage or, in this previously acknowledged that farm for $7.86 an hour. The cost of gas has case, the adverse effect wage rate. wages could fall by roughly $3 per hour gone through the roof. The cost of food Mr. KENNEDY. I understand I may under his proposal. His proposal almost has gone through the roof. A gallon of be wrong, and I wish the Senator from guarantees that no U.S. workers could milk is $3.09 a gallon; eggs, $1.39; a loaf Georgia would correct me, the State afford to accept agricultural jobs and of bread is $3.29; a pound of hamburger minimum wage does not apply to agri- that foreign agricultural workers, who is $3.99. And the Senator from Georgia, cultural workers. That is my under- are already among the most poorly if we follow his suggestion, is driving standing. If I am wrong, I hope the paid workers in America, would be paid wages down, not up. Senator will correct me. My under- miserly wages for their labor. This is $7.86 an hour to try to get standing is the State minimum wage The Chambliss formulation does not along. What we are trying to do is re- does not apply to agricultural workers. include the well-balanced provisions of duce the disparity. The Senator from I withhold the remainder of my time. AgJOBS. Under AgJOBS, an employer Georgia said we were not involved in Mr. CHAMBLISS. I yield 3 minutes must pay the highest of three wage this. Well, we have 400 different organi- to the Senator from Georgia, my col- rates: (1) the prevailing wage, (2) the zations indicating to the Senate their league, Senator ISAKSON. Federal or State minimum wage, (3) or support. We have broad support. More Mr. ISAKSON. Let me respond to the the ‘‘adverse effect wage rate,’’ or than 60 Members, Republicans and distinguished Senator from Massachu- AEWR, a regional weighted average Democrats, cosponsored it, to bring it setts.

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.043 S22MYPT1 rfake on PROD1PC64 with SENATE S4870 CONGRESSIONAL RECORD — SENATE May 22, 2006 Something he said—I am sure unin- The PRESIDING OFFICER. The Sen- bill. You are going to allow farmers tentionally—was very incorrect. He ator has 1 minute 34 seconds. across America who do not participate said we are going to force people, by Mr. KENNEDY. I yield a minute to in H–2A to pay those blue card workers what the Senator is trying to do, to the Senator from Idaho. I will reserve $5.15 an hour. We can argue whether earn less than the minimum wage. 34 seconds for myself. minimum wage is high enough, wheth- What we are, in fact, trying to do is to Mr. CRAIG. Mr. President, as of April er it ought to be more, but that is the ensure that those who are working in of 2006, the average fieldworker in the effect of what you are doing with your the fields, who are illegal and are being United States was paid $8.96 an hour. blue card workers. So if the $7 number abused and are not being paid the ad- The average livestock worker was paid is good enough for H–2A or not good verse effect wage rate, prevailing rate, $9.30 an hour. The minimum wage is enough for H–2A, whatever it is, it or anything else, all those—maybe 1.8 $5.15. Do the math. That is why, when ought to be good for those 1.5 million million—will now get a pay raise under we put this bill together, we said we workers who will have a blue card. what the Senator is trying to do. He is have to get it right for all parties in- That is what fairness in my amend- saying they will be paid the higher of volved. ment is all about. the minimum wage or the prevailing I agree with the Senator from Geor- When Senator CRAIG says let’s get it wage. gia, producers are willing to pay a fair right, let’s do get it right. We agree the I ran for the Senate in the years 2003 wage. And they should. And workers adverse effect wage rate is wrong. and 2004. Although I worked farms in who work as hard as agricultural work- There is no disagreement about that. the 1950s, I had not been on a farm in ers ought to be paid a fair and good The question is, How do we correct it? a long time, and I spent a lot of time in wage. At the same time, we compete in How do we get to the point where it is south Georgia, slept in a lot of barns a world market, and I hope we stay fair? The way we get to the point on farms. I got to know the onion there. where it is fair is we take the same I don’t think you can meet with one folks, the peanut folks, and the row method of calculation we do under farm organization and establish what crops. every other labor bill, including the the prevailing wage is going to be. I spent the night in a farmer’s barn— one we just passed last week, the H–2C That is why we mandated in our bill a mighty nice barn, I might add, with that the Department of Labor work bill that Senator OBAMA said: Let’s put a nice double bed—I spent the night in with agriculture to get it right because a prevailing wage rate on H–2C. I say the barn, and he complained about we conclude that the H–2A adverse ef- let’s put a prevailing wage rate on H– what happened. He hired H–2A workers, fect wage rate got out of line. I don’t 2A. as he should, legal workers. According know what the right wage is. I wager We understand we are not the ones to to the law, he paid them the adverse ef- that the Senator from Georgia prob- calculate that. It is calculated by the fect wage rate, and the farmer down ably doesn’t know where it ought to be, Department of Labor. It is calculated the road from him hired illegals and either, in every segment of agriculture by the Department of Labor based upon paid them the minimum. They got in our country. the fair and accurate wages paid to in- away with paying much less for pick- I wish the Senators would stay with dividuals in different parts of the coun- ing the same crop he was because he the bill and vote down the Chambliss try who perform different jobs within was obeying the law. amendment because in the end we want agriculture. It is very easy to ascertain The circumstances the Senator has to get it right for all involved. We want by the farmer what that wage rate right now in the United States of to keep American agriculture competi- ought to be. America are the following: The unin- tive in a world market. It will remove the ability of the next tended consequence of the adverse ef- Mr. KENNEDY. Mr. President, no door neighbor to come in and undercut fect wage rate is that you are driving matter how you slice it, this is a major that farmer, whether he is a blue card farmers to hire illegally rather than cut for workers with the Chambliss worker or whether they continue to be hire legally and pay them at adverse amendment, No. 1. here illegally. It will depress the wages effect wage rates. That is what the No. 2, we are trying to remedy the for those farmers rather than raising Senator is trying to correct. situation between documented and un- the standard for all workers to be paid But it is absolutely incorrect to al- documented workers. We hear we have a fair wage. It will encourage farmers— lege or to say that the bill of the Sen- to do this because we are forced to this is what we want to do—to partici- ator from Georgia, the chairman of the have illegal workers. We are changing pate in the H–2A program. If we had Agriculture Committee, would force all of that. We are putting in place a every farmer in America doing that, people to be paid below the minimum system so we will have verification. they would have a quality supply of wage. It will, in fact, ensure that work- We do believe this figure, the $7.86, labor from which to choose. They ers will be paid the higher of the min- for workers who work hard, play by the would have to pay those workers a rea- imum wage or the prevailing wage; is rules, and are trying to provide for sonable rate, and America would never that not correct? their families, is not unfair, at a min- be in a position of being dependent Mr. CHAMBLISS. That is correct. imum. That is why I hope the upon foreign imports for our food sup- Mr. ISAKSON. Facts are stubborn Chambliss amendment will be defeated. ply. things. We can argue about a lot of The PRESIDING OFFICER. The Sen- We cannot afford to get there. This is things, but treating people right is ator from Georgia has 4 minutes re- a national security issue. We need to something Senator CHAMBLISS has been maining. make sure farmers have those workers doing in Georgia, what I have grown up Mr. CHAMBLISS. Mr. President, I from whom to choose to make sure in Georgia doing, and I am sure what simply say to my friend from Massa- their crops are harvested. the Senator from Massachusetts does. chusetts, I hear what the Senator is Mr. President, I yield back my time, The argument here is about repealing a saying relative to the numbers the and I ask for the yeas and nays. law that has the unintended con- Senator just addressed, but here is The PRESIDING OFFICER. Is there a sequence of making it attractive to what you are doing. You are taking sufficient second? hire illegal aliens to work. What this 40,000 agricultural employees who now There appears to be a sufficient sec- bill is supposed to be doing is fostering operate under H–2A and you are reduc- ond. legal immigration and equitable treat- ing their wages immediately. The chart The yeas and nays were ordered. ment for all. Senator CRAIG had up here Thursday Mr. CRAIG. Mr. President, I move to I commend the distinguished Senator night showed what the numbers are. I table the amendment, and I ask for the from Georgia. I commend the chairman don’t remember what they are, but it is yeas and nays. of the Agriculture Committee. I pledge a significant reduction because you are The PRESIDING OFFICER. Is there a my support to this amendment and rolling that wage back to what it was sufficient second? congratulate him on this effort. 4 years ago. Now, that is 40,000 agricul- There appears to be a sufficient sec- I yield back the balance of my time. tural workers. ond. Mr. KENNEDY. How much time do Here is what you are doing to 1.5 mil- The question is on agreeing to the we have? lion agricultural workers under your motion.

VerDate Aug 31 2005 01:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.045 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4871 The clerk will call the roll. Mr. ENSIGN. I thank the Chair. forcefully and articulately making the The legislative clerk called the roll. The PRESIDING OFFICER. There is case that one of the necessary steps in Mr. MCCONNELL. The following Sen- now 2 minutes equally divided for de- undertaking comprehensive immigra- ators were necessarily absent: the Sen- bate on the amendment. tion reform is to secure our national ator from Wyoming (Mr. ENZI), the The Senator from Nevada is recog- borders, particularly along our South- Senator from Arizona (Mr. MCCAIN), nized. western States. and the Senator from New Hampshire Mr. ENSIGN. Mr. President, very Following the President’s speech by (Mr. SUNUNU). briefly, to inform my colleagues, this little more than a day, the Armed Mr. DURBIN. I announce that the amendment is basically the President’s Services Committee held a hearing Senator from Delaware (Mr. BIDEN), proposal to use the National Guard to during which we closely questioned the Senator from Minnesota (Mr. DAY- secure our borders as an interim step senior members of the Department of TON), the Senator from New Jersey (Mr. as we are adding to our Border Patrol Defense, Joint Chiefs of Staff, the Chief MENENDEZ), and the Senator from West agents on our southern border. of the Border Patrol, and the Chief of We all know we cannot have a com- Virginia (Mr. ROCKEFELLER) are nec- National Guard Bureau on the Presi- essarily absent. monsense, comprehensive immigration dent’s plan. I further announce that, if present policy without having secure borders. I strongly support the President’s It is going to take us years to get and voting, the Senator from Delaware plan, and, on the basis of our hearing enough Border Patrol agents down (Mr. BIDEN), would vote ‘‘yea.’’ and subsequent discussions, I strongly there. In the meantime, we need to The PRESIDING OFFICER (Mr. believe that the National Guard is ca- have the National Guard to supplement THUNE). Are there any other Senators pable of providing this temporary sup- and to multiply the force of the Border in the Chamber desiring to vote? port to the Bureau of Customs and Bor- Patrol agents down there. That is what The result was announced—yeas 50, der Protection without degrading ei- this amendment does. I believe it is an nays 43, as follows: ther its readiness for combat or its important step toward making sure we ability to respond to domestic emer- [Rollcall Vote No. 136 Leg.] know who is coming into this country, YEAS—50 gencies. making sure terrorists are not coming I also believe that this amendment is Akaka Durbin Martinez into this country. important to show that the Congress is Baucus Feingold Mikulski Mr. President, the Ensign amend- Bayh Feinstein behind this effort to secure our borders Murray ment would codify the President’s pro- Bingaman Hagel Nelson (FL) as part of comprehensive immigration posal to deploy the National Guard to Boxer Harkin Obama reform, and that we will provide the re- Byrd Inouye the border. The President’s proposal Pryor sources and legislation to do so. This Cantwell Jeffords Reed strikes a careful balance. Carper Johnson Reid amendment provides specific authority Chafee Kennedy Over the next year, they would send Salazar for deployment of the National Guard, Clinton Kerry up to 6,000 guardsmen. The following Sarbanes Conrad Kohl and does so in a way that is careful to Schumer year, they would decrease this to a Craig Landrieu maximum of 3,000 guardsmen. As the authorize both the types of activities, Crapo Lautenberg Shelby the duration of the training rotations, DeWine Leahy Specter guardsmen stand down, the Border Pa- Dodd Levin Stabenow trol would stand up, and in the end, we a limit on the authority to use the Domenici Lieberman Voinovich would have 6,000 more Border Patrol- Guard for direct participation in law Wyden Dorgan Lincoln men securing the border. enforcement consistent with the Presi- NAYS—43 I remain concerned about the strain dent’s intent, and a sunset date for the Alexander DeMint Murkowski on the Guard. It is reassuring that the authority. Allard Dole Nelson (NE) deployment will be limited in number I commend my colleague from Ne- Allen Ensign Roberts and duration. I hope the administra- vada, who serves with me on the Armed Bennett Frist Santorum tion will work closely with the Pen- Services Committee, for this important Bond Graham Sessions amendment that puts the full force of Brownback Grassley Smith tagon to ensure that we are not putting Bunning Gregg Snowe greater strain on those specialties that Congress behind the President’s initia- Burns Hatch Stevens tive to secure our borders and support Burr Hutchison are needed in Iraq and Afghanistan. Talent our Border Patrol with the National Chambliss Inhofe Also, I applaud the President’s deci- Thomas Coburn Isakson sion to use the Guard in a supporting Guard. Thune Cochran Kyl role and not for direct law enforcement Mr. LEVIN. Mr. President, I intend Coleman Lott Vitter to vote in favor of the Ensign amend- Collins Lugar Warner missions. The Guard is not trained for Cornyn McConnell the civilian Border Patrol missions and ment to authorize the National Guard its complex combination of law en- to assist in securing the southern bor- NOT VOTING—7 forcement, civil rights, and human der of the United States. The National Biden McCain Sununu Guard has been used in a State status Dayton Menendez rights issues. Nor should we ask them Enzi Rockefeller to be, for this is not their mission. to perform Federal missions in the They should provide support to the past—for counterdrug and The motion was agreed to. counterterrorism missions—but Con- Mrs. FEINSTEIN. Mr. President, I Border Patrol. We must also ensure that any Guard gress provided express statutory au- move to reconsider the vote, and I activity is coordinated with the Gov- thorization for these efforts. move to lay that motion on the table. ernors. I agree with the border State I believe that it is essential that we The motion to lay on the table was Governors that securing our borders, provide a similar statutory authoriza- agreed to. particularly for the long term, is a law tion here. This authorization gives AMENDMENT NO. 4076, AS MODIFIED enforcement function. We should not Congress an appropriate opportunity to The PRESIDING OFFICER. Under militarize the borders. And, in the define the circumstances in which it is the previous order, the pending ques- short term, we should respect the de- appropriate to provide Federal reim- tion is now amendment No. 4076, as sires of the border State Governors re- bursement for the National Guard in modified, of the Senator from Nevada. garding the utilization of the Guard State status and the types of activities Mr. ENSIGN. Mr. President, have the along the border. for which Federal reimbursement will yeas and nays been ordered? I urge that my colleagues support be provided. The PRESIDING OFFICER. They this amendment. The key to the Ensign amendment, have not. Mr. WARNER. Mr. President, I rise in my view, is that it makes it clear Mr. ENSIGN. I ask for the yeas and to add my support to this very impor- that the National Guard of a State will nays. tant amendment offered by my good perform this mission only if ordered by The PRESIDING OFFICER. Is there a friend and colleague from Nevada, Sen- the Governor of the State to do so. sufficient second? There is a sufficient ator ENSIGN. This provision makes it clear that the second. Last Monday evening, a week ago, Governors retain control of the Na- The yeas and nays were ordered. the President addressed this Nation, tional Guard when it acts in a State

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.047 S22MYPT1 rfake on PROD1PC64 with SENATE S4872 CONGRESSIONAL RECORD — SENATE May 22, 2006 status. For these reasons, I support the port additional efforts to secure our rates in effect on January 1, 2003, and would Ensign amendment and urge my col- borders, it is disappointing that nearly then freeze the AEWR’s for three years, leagues to support it as well. 5 years after the attacks of September while two studies are performed to examine Mr. BYRD. Mr. President, the Senate 11, 2001, there are still insufficient U.S. H–2A wage rates and make recommendations will soon vote on an amendment to au- to Congress. If Congress were to fail to enact Border Patrol personnel to adequately an adverse effect wage rate formula within 3 thorize the use of the National Guard maintain the southern land border. years, the AEWRs would be adjusted at the along the Southwest border of the I appreciate the efforts by the Sen- end of 3 years by the cost of living. The United States. Last week, in hearings ator from Nevada to clarify the role of AEWR issue is a complex one and is best left before the Appropriations Committee the National Guard in implementing to the studies agreed to in the AgJOBS com- and the Armed Services Committee, I the President’s plan to secure the bor- promise. asked senior administration officials der. It is my understanding that the Congress should not approve amendments from the Department of Defense, the National Guard is being utilized under that will encourage the agricultural industry Border Patrol, the National Guard Bu- title 32 of the United States Code, to hire guestworkers at depressed wages— reau, and other military leaders about and that is exactly what the Chambliss which means that command and con- amendments would do. This will harm both my concerns that this mission would trol rains with the Governor and the foreign workers and U.S. workers)and the ef- detract from the ability of the Na- State or territorial government even fort should be opposed. tional Guard to respond to emergencies though the Guard forces are being em- Thank you for your consideration of this in their home States. ployed in the service of the United matter. Secretary of Defense Donald Rums- States for a Federal purpose. I also un- Sincerely, feld, Chief of the National Guard Bu- derstand that under title 32, the Fed- American Federal of Labor-Congress of In- reau General Steven Blum, and other eral Government will reimburse States dustrial Organizations (AFL–CIO); American witnesses gave their assurances that for costs, including the logistical costs, Federation of State County and Municipal this plan to deploy troops to the border incurred during the mission. Finally, I Employees (AFSCME); Catholic Charities USA; Change to Win; Evangelical Lutheran would not create a new, strenuous de- understand that the National Guard ployment of the Guard, it would not Church in America; Farmworker Justice; He- will not directly participate in any law brew Immigrant Aid Society (HIAS); Inter- leave our States in a bind should a dis- enforcement function, including national Brotherhood of Teamsters; The aster strike while troops were on de- search, seizure, arrest or similar activ- International Union, United Automobile, ployment, and it would allow Gov- ity. Aerospace and Agricultural Implement ernors to make the final call as to Does the Senator from Massachusetts Workers of America (UAW); Laborers’ Inter- whether National Guard units from share my understanding that the En- national Union of North America; League of their States should be used in support sign amendment is consistent with the United Latin American Citizens (LULAC); Mexican American Legal Defense and Edu- of the Border Patrol. Those witnesses President’s plan? also testified that National Guard cational Fund (MALDEF); National Council Mr. KENNEDY. Mr. President, the of La Raza (NCLR); National Farm Worker units would only be used in missions Senator from California is correct. Ministry; National Immigration Forum; Na- and roles for which the troops are al- Mrs. BOXER. Mr. President, I thank tional Immigration Law Center; Service Em- ready trained. the Senator from Massachusetts. ployees International Union (SEIU); UNITE I expect the administration to hold Mr. KENNEDY. Mr. President I ask HERE; United Farm Workers of America firm to these assurances, and the unanimous consent that the following (UFW); United Food and Commercial Work- ers International Union (UFCW). amendment before the Senate would letter be printed in the RECORD. help to limit the scope of the missions There being no objection, the mate- The PRESIDING OFFICER. The Sen- for which the Guard may be deployed. rial was ordered to be printed in the ator from Missouri is recognized. While I still have questions about RECORD, as follows: Mr. BOND. Mr. President, I believe how the National Guard will carry out MAY 18, 2006. most of us strongly support deploying the missions that are assigned to it, we DEAR SENATOR: We the undersigned write the National Guard to our borders. I must not overlook the fact that the ad- to strongly oppose the Chambliss amend- appreciate very much the sentiment ministration has missed many opportu- ments aimed at gutting the ‘‘AgJOBS’’ com- and the direction this amendment goes. nities to tighten controls at our bor- promise contained in the Hagel-Martinez bill Unfortunately, it limits their ability ders without depending on our citizen- before the Senate. The AgJOBS language is the product of the hard work of Senators and puts limitations on the time and soldiers to do the job. Since September on the mission the Guard provides. 11, I have offered nine amendments to Craig, Feinstein and Kennedy in collabora- tion with agribusiness employers, farm- When you are sending troops into a dif- provide more funds to hire more Border worker organizations, and a bipartisan group ficult assignment, whether it is war or Patrol agents, strengthen security at of Members of the House. We strongly sup- not, we should not be saying the Guard our borders, and stop the flow of illegal port these needed reforms for the agricul- can only stay so long, the Guard can immigrants and contraband into our tural industry and its workers and we oppose only do this or the Guard can only do country. The administration opposed changes that would turn this balanced pack- that. each one of my amendments, labeling age into a Bracero program. In particular, we oppose the Chambliss The President has outlined how he them to be ‘‘extraneous,’’ ‘‘unneces- wishes to use the Guard. I support that. sary’’ spending that would ‘‘expand the amendment to lower the wages for farm- workers. Amendment 4009 would change the I believe it is a bad idea for Congress to size of government.’’ If my amend- AgJOBS compromise on wage rates and slash say how we should be using our troops, ments had been approved and sup- the H–2A program’s already inadequate wage whether it is in national security or ported by the administration, there rates by eliminating the protection of the homeland defense. Therefore, I urge a would be thousands more Border Patrol adverse effect wage rate and the federal min- ‘‘no’’ vote. agents on the job today. imum wage from H–2A workers. Real homeland security cannot be Currently, H–2A employers must pay the The PRESIDING OFFICER. The Sen- found in a patchwork of quick fixes. highest of three wage rates—the state or fed- ator from Vermont is recognized. Sending troops to the border is at best eral minimum wage, the ‘‘Adverse Effect Mr. LEAHY. Mr. President, I whole- Wage Rate’’ (AEWR), or the local prevailing a Band-Aid solution to a serious prob- heartedly support what the Senator wage. The AEWR was created under the Bra- from Missouri has said. lem. I will support this amendment, cero guestworker program as a necessary but I will also continue my efforts to protection against depression in prevailing The PRESIDING OFFICER. The Sen- provide the funds that are needed to wages (wage rates often stagnate because the ator from Nevada is recognized. provide lasting improvements to our guestworkers have little ability to demand Mr. ENSIGN. Mr. President, I ask border security. higher wages). Sen. Chambliss himself de- unanimous consent for an additional 30 ACTION CONSISTENT WITH PRESIDENT’S PLAN scribed the effect of his provision as cutting seconds to respond. Mrs. BOXER. Mr. President, the Bush H–2A program wage rates by roughly $3.00 Mr. LEAHY. I ask unanimous con- per hour!! sent that Senator BOND also have an administration has announced a plan The AGJOBS compromise already address- that includes the use of National Guard es the H–2A wage issue. AgJOBS would re- additional 30 seconds. forces to temporarily support Federal duce the adverse effect wage rates for each The PRESIDING OFFICER. Without border patrol operations. While I sup- state by about 10% by setting them at the objection, it is so ordered.

VerDate Aug 31 2005 04:14 May 23, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.007 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4873 Mr. ENSIGN. Mr. President, briefly, Nelson (FL) Santorum Stabenow debate it. With that representation, I regarding the limitations the Senator Nelson (NE) Sarbanes Talent will not object. Obama Schumer Thomas from Missouri has brought up, a third Pryor Sessions Thune Mr. SPECTER. Mr. President, I do of the forces the President has envi- Reed Shelby Vitter not expect vote-arama on this bill. sioned would not have any limitations. Reid Smith Warner This is not the budget resolution. The Roberts Snowe Wyden Two-thirds would basically be on their Salazar Specter Senator from New Hampshire is famil- annual missions of 21 days, and they iar with budget resolutions. NAYS—10 are specifically for the perception that The PRESIDING OFFICER. Without they are there for police enforcement Bennett Harkin Stevens objection, it is so ordered. Bond Hatch Voinovich The Senator from California. and are doing what the Border Patrol Cochran Jeffords agents do. We put in the bill specifi- Conrad Leahy AMENDMENT NO. 4087 (Purpose: To modify the conditions under cally what they would be doing. NOT VOTING—7 There is all the flexibility in the which aliens who are unlawfully present in Biden McCain Sununu the United States are granted legal status) world for the Guard to do the mission Dayton Menendez Mrs. FEINSTEIN. Mr. President, I they are being sent down there to do. I Enzi Rockefeller call up amendment No. 4087. think the concerns being raised are un- The amendment (No. 4576), as modi- The PRESIDING OFFICER. The founded. fied, was agreed to. clerk will report. Mr. BOND. Mr. President, I appre- The PRESIDING OFFICER. The Sen- The legislative clerk read as follows: ciate the effort the Senator from Ne- ator from Pennsylvania. The Senator from California [Mrs. FEIN- vada is making. The problem is, some Mr. SPECTER. Mr. President, I ask STEIN], for herself and Mr. HARKIN, proposes on the training missions may have to unanimous consent that when the Sen- an amendment numbered 4087. spend longer than that. They may want ate resumes the bill tomorrow morn- (The amendment is printed in today’s to spend longer than that. It may have ing, there be 60 minutes for the Fein- RECORD under ‘‘Text of Amendments.’’) the effect of having a different percent- stein amendment, with Senator FEIN- Mrs. FEINSTEIN. Mr. President, this age of the Guard used for more than 15 STEIN in control of 30 minutes, 20 min- is an amendment to modify the condi- days. It specifies limits on it. utes to the chairman, and 10 minutes tions under which aliens who are law- I believe that while we support the for the ranking member; provided fur- fully present in the United States are general purpose of using the Guard, ther that on the expiration of that de- granted legal status. It is submitted on Congress should not be putting limita- bate, the Senate proceed to a vote on behalf of Senator HARKIN and myself. tions on how it is used. I disagree with the Feinstein amendment No. 4087, We have a half hour to argue the my colleague. with no intervening action or debate or amendment tomorrow, but I would like The PRESIDING OFFICER. The second-degree amendments. We will to just raise a few points about it to- question is on agreeing to the amend- vote on the Feinstein amendment at night. I did have the opportunity to ment of the Senator from Nevada. The 10:45 a.m. tomorrow, since the Senate speak about it earlier, but I recognize yeas and nays have been ordered. will be coming in at 9:45 a.m. many Members were not yet back and The clerk will call the roll. The PRESIDING OFFICER. Is there available. The assistant legislative clerk called objection? This amendment creates an orange the roll. The Senator from New Hampshire. card, a replica of which is on my left. Mr. GREGG. Mr. President, reserving Mr. MCCONNELL. The following Sen- This would streamline the process for the right to object, I would like to ask ators were necessarily absent: the Sen- earned legalization. It would create a of the chairman of the committee, Sen- more workable and practical program ator from Wyoming (Mr. ENZI), the ator CANTWELL and I have an amend- than exists in the Hagel-Martinez com- Senator from Arizona (Mr. MCCAIN), ment that has been pending. We were and the Senator from New Hampshire promise, and it would dedicate the nec- willing to move forward last week, we essary dollars to cover the costs of ad- (Mr. SUNUNU). were willing to move forward today, ministering this program. This amend- Mr. DURBIN. I announce that the and we are willing to move forward to- ment builds on compromises already Senator from Delaware (Mr. BIDEN), morrow. I am wondering if the chair- agreed to under the McCain-Kennedy the Senator from Minnesota (Mr. DAY- man can give us a sense of when our and Hagel-Martinez proposals, and it TON), the Senator from New Jersey (Mr. amendment can be brought up so we incorporates the amendments already MENENDEZ), and the Senator from West can be heard and whether we can get a adopted on the floor, but it eliminates Virginia (Mr. ROCKEFELLER) are nec- commitment from the chairman that what I consider to be a very unwork- essarily absent. we will have a reasonable amount of able three-tier program. This amend- I further announce that, if present time, if not an excessive amount of ment only deals with the earned legal- and voting, the Senator from Delaware time to debate it—say, an hour or 2 ization parts of the bill. It does not (Mr. BIDEN) would have voted ‘‘yea.’’ hours. change any of the border security pro- The PRESIDING OFFICER. Are there Mr. SPECTER. Mr. President, my visions, the guest worker program, or any other Senators in the Chamber de- sense is we will be able to reach it to- any other component of the bill. It siring to vote? morrow. We are juggling a great many would simply eliminate the program The result was announced—yeas 83, considerations. I had discussed the created by Hagel-Martinez and replace nays 10, as follows: issue with the Senator from New it with this orange card program. [Rollcall Vote No. 137 Ex.] Hampshire earlier. We talked about 1 Under Hagel-Martinez, there are YEAS—83 hour equally divided. three tiers. Now, note this: We have Akaka Collins Inhofe Mr. GREGG. That would be fine with not voted on Hagel-Martinez. Hagel- Alexander Cornyn Inouye me if the other side is agreeable to Martinez was an arrangement put to- Allard Craig Isakson that. gether by Members of this body and it Allen Crapo Johnson Baucus DeMint Kennedy Mr. SPECTER. That would be my was brought up by using rule XIV. We Bayh DeWine Kerry proposal when we come to it. I know have not voted on it. It essentially Bingaman Dodd Kohl the Senator from New Hampshire is takes the 11.1 million people now in Boxer Dole Kyl waiting, and he is entitled to have his this country—working in this country, Brownback Domenici Landrieu Bunning Dorgan Lautenberg amendment heard. We will try to get to living in this country, raising their Burns Durbin Levin it tomorrow, and we will try to work families in this country, but doing so Burr Ensign Lieberman out a time agreement of 1 hour equally in a clandestine way—and divides them Byrd Feingold Lincoln Cantwell Feinstein Lott divided. into three different categories. For the Carper Frist Lugar Mr. GREGG. I appreciate the chair- 6.7 million who have been here more Chafee Graham Martinez man making that representation. My than 5 years, it would provide a transi- Chambliss Grassley McConnell concern, of course, is that it not end up tion to achieve earned legalization. For Clinton Gregg Mikulski Coburn Hagel Murkowski in a vote-arama, should we get to a the 1.6 million who have been here less Coleman Hutchison Murray vote-arama, and that we have time to than 2 years or the 2.8 million who

VerDate Aug 31 2005 04:14 May 23, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.050 S22MYPT1 rfake on PROD1PC64 with SENATE S4874 CONGRESSIONAL RECORD — SENATE May 22, 2006 have been here from 2 to 5 years, it cre- As everyone recalls, there are 3.3 mil- lem. Some people are going to be the ates two different tiers, and this is the lion people back in their own countries victims of bona fide injuries or bona bone of contention, these two different waiting for green cards. None of this fide catastrophic circumstances and tiers. goes into play until that green card list not able to work for a period of time. I would say for anyone here as of the is expunged. It is estimated that could So if they become injured or ill and ef- first of the year, we should provide this take anywhere from 6 to 11 years. So fectively can’t be on the job for 60 con- orange card process which I will de- during that period of time, individuals secutive days at any given time during scribe in a moment. The problem doing in this country would have an identi- the year, they are then subject to de- it the Hagel-Martinez way is that it fier: the orange card. This would be portation. opens the door for fraud and for manip- their identification. They could come I believe we have an opportunity, ulation because you essentially have and go with it. It is fraud-proof, it is through the border patrol with 12,000 4.4 million people here less than 5 years biometric, it has a photo, it has a fin- additional agents, 2,500 additional in- who would come forward and produce, gerprint, and therefore provides a safe spectors, the money in the supple- in all likelihood, fraudulent docu- methodology. As long as individuals mental appropriations bill for the bor- ments, or simply remain in a clandes- fill out the annual reports required by der, the National Guard doing tine status because they are working the program which attest to their work logistical support and physical work on and they have families here. history, pay the fine, and pay their the border, and the fence to be built on The 2.8 million who have been here 2 back taxes, they would keep the orange the border, to make a major step for- to 5 years are then subject to leave the card effectively in place. ward in securing our borders. The next country, to touch back and enter into I wish to comment that first of all, step and the most important part of the country through a visa program, Senators HAGEL and MARTINEZ have the bill is what is the proper handling most likely the H–2C worker program done a service. They have tried to work of the 10 million to 12 million people which has 200,000. We lowered the cap out a compromise. I find fault with who are here illegally in our country at for the H–2C program from 325,000 to that compromise only when you read this time. 200,000 in an earlier amendment offered the small print of the bill language. I would respectfully submit to this by Senator BINGAMAN and myself. But When you read the bill language, you body that the fair handling of these what people haven’t realized is that the see that it is a huge program with 4.4 people is creating a pathway to an cap would be waived for individuals million people having to be found, hav- earned—not an amnesty—but an coming in from this tier, which would ing to be sought out. If they are here earned legalization where people have raise the guest worker program to 3 for less than the 2 years, they are de- to document over a consequential pe- million people. And then here is the ported. Who would deport them? How riod of time that they are working, rub with the guest worker program: would they be found? You are going to they are good citizens, they are learn- they would have to return after a pe- find 2 million people? I think that is ing English, they are paying their riod of time to their country. There- taxes, and they are paying the fine. All fore, there is no automatic path to very difficult to do. We know employer of the proceeds from this fine would go earned legalization for these people, sanctions haven’t worked. In 2004, total unless they can get an employer to pe- convictions under employer sanctions to support the costs of the program. If tition for them for a green card. I for the tens of thousands of employers there are 10 million people, at $2,000, think that is an unusual responsibility who employ these people was a total that produces $20 billion for the addi- placed on an employer for so many peo- number of 47. tional hires that are necessary to run So I believe the orange card would ple, and I think it is not fair for the this program and hopefully run it well. serve us well. It is a streamlined proc- employee, either. So we will continue to argue this to- Therefore, we have put forward a ess. It has the ability to consider all morrow, and I ask that the amendment three-step process under the orange people to avoid the problem of deporta- be set aside at this time. card amendment, which has received tion but to create a system which is se- The PRESIDING OFFICER. Is there the support of 115 organizations and cure, where people are checked out, objection? groups. where they are held accountable for Without objection, it is so ordered. Under this amendment, all undocu- their work, held accountable for their The Senator from New Hampshire is mented aliens who are in the United payment of back taxes, held account- recognized. States as of January 1 would imme- able for the payment of a fine so they Mr. GREGG. Mr. President, I would diately register a preliminary applica- can then come out of the shadows and like to speak briefly on my amend- tion with the Department of Homeland live a more normal and more produc- ment, which will hopefully be reached Security. tive life. at some point here in the next day or At the time of the registration, they This goes back to the original so. It is an amendment I sponsored would submit fingerprints to the Cus- McCain-Kennedy formula, but in es- with Senator CANTWELL from Wash- toms and Immigration Services facility sence it essentially provides that there ington, and it addresses what we see as so that criminal and national security is an orderly process connected with an issue that, although not major in background checks could commence. It this. the context of the overall immigration would create a more precise registra- As I said earlier, I think there is a debate, remains rather significant. tion that would allow this to proceed critical flaw in Hagel-Martinez, and There is today something called a electronically. That is a major key— that is those people who fall into the lottery system. It is euphemistically proceed electronically so that DHS second tier can remain in the United called the diversity lottery system, would have time to do the necessary States legally for up to 3 years, and which really I don’t understand why it processing and vet the application in then they must leave the country and has picked up that name because it is an orderly manner. Then they would find a legal program from which they really nothing like that. It is simply a submit a full application for their or- may reenter the United States. This is lottery system. It says essentially that ange card. the flaw because this would subject 50,000 people will get the right to be- Once they have passed the security people to, once again, going back into come American citizens if they win a background check, they have paid their a clandestine lifestyle rather than run- lottery and they are from countries back taxes, they have paid the $2,000 ning the risk that they leave their fam- which are deemed underrepresented. fine, then they would be issued the or- ilies, go home, can’t get into a pro- Most of those countries represent East- ange card. The orange card would have gram, and then can’t come back again. ern Europe and Africa. They don’t have biometric identifiers, would have the The other problem with the Hagel- to do anything other than have a high history of the individual, and would Martinez program is that if an indi- school education or, alternatively, have a number, and this number would vidual doesn’t work for 60 consecutive have worked for 2 out of the last 5 be designed so that those who have days, they are out. There is no provi- years in order to participate in this been here the longest would be first in sion for injury, there is no provision lottery. So the essential effect of this the line for the green card at the end of for illness, and when you are dealing lottery system is that we are taking the work period. with 6 million people, that is a prob- from around the world 50,000 people

VerDate Aug 31 2005 03:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.052 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4875 who simply got lucky. There is no real science degrees, which our Department don’t have a person who wants to em- reason we should take them. There is of Commerce and Department of State ploy you and you don’t have a spouse no policy reason to take them. determine are in need here in the here who is willing to sponsor you or a There is no such thing as an under- United States. Two-thirds of those lot- family member who is willing to spon- represented country really in our im- tery winners will have those degrees. sor you, we still would like you to have migration system because of the fact The other third will remain people who a shot at coming here, because most that there are so many illegal immi- only need to have a high school edu- would like to, and we have a lottery grants in the country already. For ex- cation or have worked 2 out of the last system that says you can win it and ample, if you were to take Poland, 5 years. get into this country. there are 47,000 people in this country Basically the lottery system will be I note that under the present lottery who under this bill are presently ille- changed from being one of, we don’t system, we have seen abuses. In fact, gal—that is the estimate—who may be- know who is coming in the country and the report of the inspector general of come legal. From Russia, there are we don’t know what they are going to the State Department found significant about 46,000 people who qualify in that contribute to our society as they come fraud and mismanagement of this pro- area. From Africa, there are 120,000 in—we hope they will be people who gram and the fact that people were people who fall into that category. So will be hard-working and committed coming into the country who really these countries have a lot of people al- people, but they may actually be peo- should not have come into the country, ready here—some legally, a lot ille- ple who are not. In fact, if a person has but they won the lottery or they were gally, and they don’t need representa- only worked 2 out of the last 5 years relatives of people who won the lot- tion. and doesn’t have a high school edu- tery. Obviously, the most egregious ex- Mr. FEINSTEIN. Mr. President, may cation, they can literally qualify for ample of that was the terrorist indi- I interrupt the Senator just for one the lottery. Now I ask you, is that the vidual who attacked the L.A. airport brief change? kind of person we want to have quali- and shot up the El Al counter. He was Mr. GREGG. As long as I will not lose fied for the lottery? A person who may in the United States because his spouse the floor. have been unemployed for 3 of the last had won the lottery. Not a good deci- Mr. FEINSTEIN. Mr. President, I ask 5 years, doesn’t have a high school edu- sion for us. that instead of setting aside the cation, but they can get into the It seems to me that rather than just amendment, it will be continuing in a United States under the lottery. I flipping a coin and saying: Hey, listen, pending status. think it makes much more sense to say if you are out there and you want to The PRESIDING OFFICER. The let’s have folks who have shown their come to work and you are from one of amendment is pending. energy, shown their commitment, these countries which are allegedly un- Mr. FEINSTEIN. Thank you very shown their willingness to strive with- derserved—which, by the way, they are much. in their own communities by obtaining not underserved, as I pointed out in the Mr. GREGG. So this lottery system, these advanced degrees, let’s have early part of my statement—you have which was created back a while ago—I those folks participate in the lottery. a chance to come here. Let’s at least think in the early 1990s—in a sense of Some will say the H–1B program al- say for the majority of the people who good will or political correctness, real- ready solves this because it is greatly have won the lottery that you have to ly is not all that productive to us as a expanded in this bill, and that allows have done something, you have to have nation. So Senator CANTWELL and I people with advanced degrees to come shown something, you have to have have taken a look at it and said: Lis- into this country. That is true. That is produced something, you have to have ten, if we are going to have a lottery good. This bill is excellent in that man- been willing to go out there and show system, why don’t we at least apply it ner. But as a practical matter, this lot- you have the character and the energy to people we actually need in this tery would go to people who do not and the intelligence to actually be an country to assist us in being a stronger qualify for H–1B. In other words, to get addition to our society, an add-on, a nation, a more vibrant nation, a more an H–1B visa, you have to have a spon- creator of jobs in our society, a creator economically successful nation? sor or, in other words, an employer of economic activity, a creator of a We know that in our Nation today, here in the United States who is going stronger society rather than just have we are missing—or not missing, but we to hire you or you have to have a fam- the good fortune of having drawn a know we are not producing and cre- ily member who will sponsor you to lucky number. ating enough people in the sciences come into the country. That is what this bill does. I cannot which are energizing economic activity There are a lot of people out there in really understand the opposition to it. in this world: the maths, math doctor- these allegedly underserved countries A lottery system—I am not sure it ever ates, the science doctorates. We know who do not have somebody who is really had a good time to exist, but we have a real lack of technical ability going to employ them because the clearly now is not a good time for it to in many arenas and that we are falling groups that employ foreign nationals exist. We have 12 million people in this well behind other nations, such as who have advanced science degrees country who arguably won the lottery China, in our ability to produce people don’t go to those countries. They don’t by coming into this country illegally. I in the sciences and math subjects. recruit in those countries, for all in- guess you could say that. Under this Why not take this lottery system and tents and purposes. And they don’t bill, some of them are really going to say, rather than making it available to have a family member here. So they win the lottery because they are going the cabdriver in Kiev, whom we may or are out of it. They can’t get in. So it to go to the back of the line, but they may not really need in the United makes sense to take the lottery system are getting on the line and obtaining States, let’s make it available to the and convert it to something that is what is called earned citizenship, as physicist in Kiev. Why not say to the going to be an add-on to America’s suc- the Senator from California was say- doctor in Poland or the doctor in Nige- cess. ing. But the simple fact is, we don’t ria: You will have a chance to become We hear a lot in this Chamber, espe- need to add to that great mass of peo- an American citizen and have the op- cially from some of our colleagues, ple. They are here already. If we are portunity to participate in this lottery, that we are outsourcing jobs, we are going to add people to our culture from rather than saying to the street sweep- outsourcing our jobs to other coun- the immigration standpoint, let’s add er in Poland or the miner in Nigeria: It tries. What this proposal does is it people who we know on the face of it is your chance to participate in the lot- insources people who will create jobs in are likely to contribute significantly tery. So we have taken this proposal, our country. It says let’s go out and to making us a stronger and more vi- which is 50,000 names thrown in a hat find the best and the brightest people brant nation, especially economically. from these countries which are alleg- around the world and say: Listen, we If we are going to have a lottery, edly underserved, which are not under- would like to have you live in the let’s just not make it an arbitrary served, and we changed it so that two- United States and create jobs in the event. Let’s make it something that thirds of the names thrown in this hat United States, use your ability to assists not only the person who wins will be of people who have advanced produce in the United States. If you but also our Nation, so that both sides

VerDate Aug 31 2005 03:04 May 23, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.053 S22MYPT1 rfake on PROD1PC64 with SENATE S4876 CONGRESSIONAL RECORD — SENATE May 22, 2006 are winners under the lottery, not just this two-thirds, but it would be better, the title of his book, is like going one side. in my view, to do the whole lottery through Heaven’s door. It is a tremen- The House took a look at the lottery. program in this fashion. In addition, dous thing. In their bill, they determined it was so we need to reevaluate entirely this bill But the world has a lot of people in inappropriate, they simply abolished it which is before us today to ask our- it. We already have a lot of people in altogether. So it seems to me if we selves with some thoughtfulness how the United States. We have to ask our- take this position we will be strongly we can make future immigration pol- selves: How many can we welcome? positioned in conference to present the icy beneficial to our country. It ought What people will achieve their dreams case that the lottery can work for us as to benefit us. Everybody who comes and aspirations most successfully here, a nation, rather than be a loss leader. here, no matter how poor or people who are high school dropouts or That is why this amendment has uneducated, according to the witnesses people who have a greater education? picked up considerable support. It is bi- we heard at our one hearing, is bene- We also need to ask, as Canada does: partisan support. fited economically. Do they speak English? Australia does. I look forward to having a more ex- The poorer they are the more they They ought to speak English before tensive debate on it with my cospon- benefit. They benefit, but the question they come here. sor, Senator CANTWELL, who under- is, What about the United States? Do What is it about letting in hundreds stands. She comes from Washington we benefit? Is it a net gain for the and hundreds of thousands of people on State where they understand the need United States? the theory that they might one day to get some top-quality people in our We had a number of professors who learn English, and that would be a re- country in the area of science, as the testified—Professor Freeman, Pro- quirement for citizenship. But if we home of Microsoft, which is clearly the fessor Siciliano, Professor Chiswick, have gotten more applicants than we engine of the Internet, the engine of and others whose names escape me— can accept, why would we not want to the expansion of technology over the and talked about this quite openly. ask ourselves whether we should give Internet and in computer science that These are the fundamental facts that extra points, a higher listing on the has driven the world, not only the should be part of any thoughtful, com- list, if they already speak English? United States. They understand prehensive reform of immigration in They would be guaranteed to be more uniquely in Washington State, as we America. successful here and more likely to as- all hopefully do, the need to bring The facts are these: People with col- similate, more likely to be promoted, smart, intelligence people from across lege credit, people with a college de- more likely to be a boss over other peo- the world into our Nation and keep us gree uniformly contribute more to this ple. If you can’t speak the language, competitive with countries such as country in taxes than they take out in how can you ever rise to be a super- China that are turning out four or five benefits. The people who come to our visor? or six times the number of scientists country with less than a high school Those are important things, I sub- we are turning out annually. education, a high school dropout or mit, and not considered in the legisla- That is why this is important. It is somebody who just didn’t have the op- tion before us at all. not, obviously, the biggest vote on this portunity, they don’t have a high Senator CRAIG’s amendment is a very stage. There have been a lot of votes school degree—and over 50 percent of good amendment. It focuses on a crit- dealing with the substance of this bill illegal immigrants entering our coun- ical matter. Let me tell you what my which has huge implications relative to try today are without a high school de- staff has concluded from their careful the numbers of people who come into gree—those people, it is uniformly study of the bill. We believe that as it this country and how they come into agreed by professional economists who is presently written today only 30 per- this country and how we protect our studied this issue, most of whom testi- cent of the people coming into this borders, but it is one part of the sys- fied at our committee, strongly favor country will come in as a result of tem we have to make more rational, immigration but they all agree they their skills or education. That is a better, but to be a system where not will on average—not every single one pretty stunning number. Only 30 per- only does the immigrant win but but on average—draw more from the cent coming into our country will have America wins. U.S. Treasury and U.S. coffers than their entry evaluated, their skill level With that, I make a point of order they put in. or their education level, whereas 70 that a quorum is not present. Does that tell us anything? What is percent will come into our country for The PRESIDING OFFICER. The happening in Canada? What is hap- other reasons. clerk will call the roll. pening in France right now? What has For example, if a young man came to The assistant legislative clerk pro- already happened in Britain, Australia, our country under the new guest work- ceeded to call the roll. Switzerland, and the Netherlands? er program that would be made law Mr. SESSIONS. Mr. President, I ask These countries have reevaluated their today, and that guest worker program unanimous consent that the order for immigration policy. They are focusing would allow him to come into the the quorum call be rescinded. on bringing in people who benefit the country to file for a green card the The PRESIDING OFFICER. Without country. first day he arrived here, within 5 years objection, it is so ordered. We cannot accept everybody. Isn’t it from that he can apply for and obtain Mr. SESSIONS. Mr. President, I wish a simple principle? There is no way as of right his citizenship in the United to speak in support of the amendment this country can accept everybody who States. That will happen under the bill. of Senator GREGG to deal with the lot- would like to come. Within 6 years, the person could pos- tery provision that is currently in the The leading expert on immigration— sibly be a citizen of the United States code involving immigration. We have I think universally agreed on immigra- coming in under a program which the many odd and curious provisions in our tion—such as Professor Voorhas from bill says is a temporary guest worker immigration law, but I suppose the lot- the Kennedy School at Harvard, he provision. They say it is a temporary tery provision is one of the most odd himself is an immigrant. He immi- guest worker section of the bill. It has and most curious. It seems to me to be grated here from Cuba. The name of his big letters, ‘‘Temporary Guest Work- unprincipled, without any real thought book, probably the most authoritative er.’’ as to how it would effect a policy that book on the entire subject, is entitled But on the first day they get here, is good for America. What kind of ‘‘Heaven’s Door.’’ What is that? ‘‘Heav- their employer can ask for a green thing is this, that you do a lottery to en’s Door’’ is entry into the United card. A green card means you have let people come in from around the States. legal permanent residence. Within 5 world? For a poor person in the Third World years of getting that card, they can be- His approach would be to say: Let’s who has been abused by a legal system come a citizen. A legal permanent resi- focus two-thirds of those slots on peo- that does not work, who does not have dent means if you never seek citizen- ple with higher skills and higher edu- clean water, who does not have a legiti- ship you can stay in the country once cation. I want to speak in favor of that mate job, who does not have elec- you get that green card for the rest of and say, really, we need not only to do tricity, getting to the United States, your life.

VerDate Aug 31 2005 03:02 May 23, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.054 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4877 What I am saying is, under this pro- islation. We should have brought in im- come. It is painful to bring people who vision a young man can come in—and migration people who work for the are not able to speak English or effec- he is 20 years of age. If he works 5 or 6 Government of the United States to tively take advantage of the opportuni- years, he becomes a citizen. Now he is find out what is working and what is ties our country has. When they do not 30, and he has a 50-year-old brother, a not working. do that, they do not do well. They tend 60-year-old, a 70-year-old mother and I talked to the person in the Domini- to pull themselves apart and continue father. They can be brought into this can Republic, the American consulate to speak their own language. They do country under chain migration, wheth- official who meets with those people in not advance and assimilate and become er or not they have any skills or any the Dominican Republic who would part of the great melting pot we are so education that would be relevant to like to come to the United States. He proud of as Americans. their success in the United States of seemed like a very nice guy. He made It is a big step forward to take this America. some mention about sham marriages. lottery, to put two-thirds of those peo- Think about this: Let us say they are So we talked about that. ple who are in it, who are now chosen both from Honduras. Let us say this is As a U.S. attorney prosecuting a case by random chance, without any regard a young man who was valedictorian of where people created a sham marriage to skills or abilities or language or his school in Honduras, who had a for immigration purposes, he said they those matters, to at least set them chance to take an English course and won’t even talk about prosecuting a aside for high-skilled positions for edu- took English and learned it well, was case in the Dominican Republic. And cation, science, mathematics. It would able to go to a technical college and he has seen lots and lots of sham mar- be a great benefit to our country. became skilled in electricity, and he riage cases that were never prosecuted. I yield the floor. applies at age 21 to come to the United Why do they have a sham marriage? Mr. LEAHY. Mr. President, when the States. Would he not have the advan- Because if you are married to some- Senate resumed its consideration of tage over a 50-year-old brother or a 70- body who is in the United States, they comprehensive immigration reform year-old mother of someone who is al- can take their wife and their children. last week I began by expressing my ready here when those people who may That is the way to get people here. So hope that we would finish the job the or may not have any skills which they create a sham marriage. Judiciary Committee started in March would be beneficial to the country But he told me that 95 percent of the and the Senate began in April. We need could likely became a drain on the Na- people in the Dominican Republic who to fix the broken immigration system tion’s resources? were approved to come to the United with tough reforms that secure our That is how we have 70 percent of the States were approved under the chain borders and with reforms that will people coming into our country under migration or family connection provi- bring millions of undocumented immi- the new provision who are supposed to sions in our code. grants out of the shadows. I have said be in a comprehensive reform of the Fundamentally, almost no one com- all along that Democratic Senators immigration system? That does not ing from the Dominican Republic to cannot pass a fair and comprehensive make sense. We need to focus more on the United States is coming because bill alone. Last week we got some help. providing opportunities for people to they have a skill that would benefit us We got some words of encouragement enter our country who have the great- and that would indicate their likely from President Bush last Monday night est potential to succeed. It is perfectly success in our society. They come in when he began speaking out more proper and legitimate for us to ask: because some other family member of a forcefully and in more specific terms What is the worker status, the wages qualified relation is here as a citizen or about all of the components needed for that are being paid in a given area, and even a green card holder. That is how comprehensive legislation. For the do we have a shortage? they get to come. They are creating a first time, he expressly endorsed a In my view, the Department of Labor false document to show these are rel- pathway to earned citizenship for the should not allow surging immigration atives or their spouses and they are millions of undocumented workers now when we have certain fields in the married when it is not so. here. I thank him for joining in this ef- United States where there are more As I have said a number of times on fort. We will need his influence with workers than there are jobs and you let the Senate floor, 60 percent of the peo- the recalcitrant members of his party a bunch of people come in from out of ple in Nicaragua in a recent poll said here in the Senate, and especially in the country to take what few jobs they would come to the United States the House, if we are ultimately to be there are leaving Americans unem- if they could, and I understand 70 per- successful in our legislative effort. ployed. cent of the people in Peru, when polled, Without effective intervention of the We need to consider all of those said they would come to the United President, this effort is unlikely to be things. But, fundamentally, when you States if they could. successful and the prospects for secur- make a choice between two individ- What does that mean? Think about ing our borders and dealing with the uals—a younger person, a person who it. hopes of millions who now live in the speaks English, a person who has Mexico, all of Central America, shadows of our society will be de- skills—who is going to be far more suc- Haiti, the Dominican Republic, Ja- stroyed. Those who have peacefully cessful? If they are successful here maica, Morocco, all of the African na- demonstrated their dedication to jus- themselves, and if they benefit and if tions, the Middle East, Bangladesh, tice and comprehensive immigration they are blessed by the great freedoms China, India, Taiwan, the Philippines— reform should not be relegated back and economic prosperity and the free all these nations around the world with into the shadows. market we have in America, if they are great people in them—wonderful people Last week the Senate made progress. blessed by that, they will pay more but in each one of those countries are We made progress because Democratic taxes to the Government than they significant numbers of people, I sub- and Republican Senators working to- draw from the Government. That is a mit, who would come to the United gether rejected the most strident at- pretty good thing, I submit. States if they could. Wouldn’t it be a tacks on the comprehensive bill that One reason I have been so critical of good policy for our Nation? Wouldn’t it we are considering. We joined together this legislation—and I remain stead- be the right thing to think seriously in a bipartisan coalition in the Judici- fastly convinced that it is not worthy about who should come, like Canada ary Committee when we reported the of the Senate of the United States—is and Britain, and as France did last Judiciary Committee bill. Democratic the legislation seems to have given no week, and refocus our attention on ac- Senators were ready to join together in thought to these issues whatsoever. We cepting a certain number of people but April and supported the Republican certainly never had a hearing to deal making sure those people bring skills leader’s motion that would have re- with it, to my knowledge. A lot of and talents with them to indicate they sulted in incorporating features from things we haven’t done that we could would be a positive benefit to our soci- the Hagel-Martinez bill, but Repub- have done. We could have studied more, ety rather than a net drain on society? licans balked at that time and contin- we could have had more experts come That is a challenge. We simply can- ued to filibuster action. Last week, Re- in and testify and help us craft the leg- not accept everyone who wants to publicans joined with us to defend the

VerDate Aug 31 2005 03:02 May 23, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.056 S22MYPT1 rfake on PROD1PC64 with SENATE S4878 CONGRESSIONAL RECORD — SENATE May 22, 2006 core provisions of that bill, and we de- manding responsibilities to the States, working in the United States. We must feated efforts by Senators KYL and while sending troops who have been de- encourage the undocumented to come CORNYN to gut the guest worker provi- ployed to Iraq. The Guard served admi- forward, undergo background checks, sions and to undermine the pathway to rably in response to Hurricane Katrina and pay taxes to earn a place on the earned citizenship. Instead, we adopted when the Federal Government failed to path to citizenship. the Bingaman amendment to cap the prepare or respond in a timely or suffi- Last week we defeated an Ensign annual guest worker program at 200,000 cient manner. The Vermont Guard and amendment to deny persons in legal and the Obama amendment regarding others have been contributing to our status the Social Security benefits to prevailing wages in order to better pro- national security since the immediate which they are fairly entitled. I believe tect the opportunities and wages of aftermath of 9/11. After 5 years of fail- that most Americans will agree with American workers. ing to utilize the authority and funding that decision as fair and just. It main- I spoke last week about the need to Congress has provided to strengthen tains the trust of the Social Security strengthen our border security after the Border Patrol and our border secu- trust fund for those workers who con- more than 5 years of neglect and fail- rity, the administration is, once again, tribute to the fund. ure by the Bush-Cheney administra- turning to the National Guard. The opponents of our bipartisan bill It was instructive that last week tion. A recent report concluded that have made a number of assaults on our President Bush and congressional Re- the number of people apprehended at comprehensive approach. Senators our borders for illegal entry fell 31 per- publicans staged a bill-signing for leg- KYL, SESSIONS, and CORNYN opposed the islation that continues billions of dol- cent on President Bush’s watch, from a Judiciary Committee bill. Senators yearly average of 1.52 million between lars of tax cuts for the wealthy. In- VITTER, ENSIGN, and INHOFE have been stead of a budget with robust and com- 1996 and 2000, to 1.05 million between very active in the amendment process, plete funding for our Border Patrol and 2001 and 2004. The number of illegal im- as well. I hope that they recognize how border security, the President has fo- migrants apprehended while in the in- fairly they have been treated and the cused on providing tax cuts for the terior of the country declined 36 per- time they have been given to argue wealthiest among us. Congress has had cent, from a yearly average of roughly their case against the bill and offer to step in time and again to create new 40,000 between 1996 and 2000, to 25,901 amendments. We have adopted their border agent positions and direct that between 2001 and 2004. Audits and fines amendments where possible. A nar- they be filled. Instead of urging his against employers of illegal immi- rowed version of the Kyl-Cornyn party to take early and decisive action grants have also fallen significantly amendment disqualifying some from to pass comprehensive immigration re- since President Bush took office. Given seeking legalization was adopted. The form, as he signaled he would in Feb- the vast increases in the number of Sessions amendment on fencing was ruary 2001, the President began his sec- Border Patrol agents, the decline in en- adopted. The Vitter amendment on ond term campaigning to undercut the forcement can only be explained by a documents was adopted. The Ensign protections of our Social Security sys- failure of leadership. amendment on the National Guard is The recent aggressive and well-pub- tem, and the American people signaled being considered. Over my strong ob- licized enforcement efforts to detain il- their opposition to those undermining jection and that of the Democratic legal immigrants seem to be election- steps. While the President talks about leader, Senator SALAZAR and others, a year posturing that does little to im- the importance of our first responders, modified version of the Inhofe amend- prove the situation. We need com- he has proposed 67 percent cuts in the ment designating English as our na- prehensive reform, backed up by lead- grant program that supplies bullet- tional language was even adopted. This ership committed to using the tools proof vests to police officers. amendment is wrong and has under- Congress provides, not to piecemeal po- Five years of the Bush-Cheney ad- standably provoked a reaction from the litical stunts. ministration’s inaction and misplaced Latino community as exemplified by Once again the administration is priorities have done nothing to im- the May 19 letter from the League of turning to the fine men and women of prove our immigration situation. The United Latin American Citizens, the National Guard. After our intervention Senate just passed an emergency sup- Mexican American Legal Defense and turned sour in Iraq, the Pentagon plemental appropriations bill that allo- Educational Fund, the National Asso- turned to the Guard. After the govern- cated nearly $2 billion from military ciation of Latino Elected Officials Edu- ment-wide failure in responding to accounts to border security. The Demo- cational Fund, the National Council of Hurricane Katrina, we turned to the cratic leader had proposed that the La Raza, the National Puerto Rican Guard. Now, the administration’s long- funds not be taken from the troops. Coalition, and from a larger coalition standing lack of focus on our porous But last week the President sent a re- of interested parties as reflected in a Southern border and failure to develop quest for diverting a like amount of May 19 letter from 96 national and a comprehensive immigration policy funding, intended for capital improve- local organizations. I will ask copies of has prompted the administration to ments for border security, into oper- these two letters be printed in the turn once again to the Guard. I remain ations and deployment of the National RECORD following my statement. puzzled that this administration, which Guard. The Republican chairman of the seems so ready to take advantage of Senate Appropriations Subcommittee I trust that with so many of their the Guard, fights so vigorously against on Homeland Security came to the amendments having been fairly consid- providing this essential force with ade- Senate floor last week to give an ex- ered and some having been adopted, quate equipment, a seat at the table in traordinary speech in this regard. those in the opposition to this measure policy debates, or even adequate health In addition, last week the Senate will reevaluate their previous fili- insurance for the men and women of adopted a billion-dollar amendment to buster, that they will vote for cloture, the Guard. build fencing along the Southern bor- and, I will hope, support the com- I have cautioned that any Guard der without saying how it would be promise bill. units should operate under the author- funded. We also adopted amendments Immigration reform must be com- ity of State Governors. In addition, the by Senators BINGAMAN, KERRY, and prehensive if it is to lead to real secu- Federal Government should pick up the NELSON of Florida to strengthen our rity and real reform. Enforcement-only full costs of such a deployment. Those enforcement efforts. measures may sound tough but they costs should not be foisted onto the Border security alone is not enough are insufficient. The President has ac- States and their already overtaxed to solve our immigration problems. We knowledged this truth. Our bipartisan Guard units. must pass a bill—and enact a law—that support of the Senate bill is based on Controlling our borders is a national will not only strengthen the security our shared recognition of this fact. In responsibility, and it is regrettable along our borders, but that will also these next few days, the Senate has an that so much of this duty has been encourage millions of people to come opportunity, and a responsibility, to punted to the States and now to the out of the shadows. When this is ac- pass a bill that addresses our broken Guard. The Guard is pitching in above complished we will be more secure be- system, with comprehensive immigra- and beyond, balancing its already de- cause we will know who is living and tion reform.

VerDate Aug 31 2005 03:02 May 23, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.059 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4879 I ask unanimous consent that the an amendment offered by Senator Inhofe United Latin American Citizens; Legal Mo- aforementioned letters be printed in which affirms English as the nation’s na- mentum; Luther Immigration and Refugee the RECORD. tional language and which could undercut Service; Mary’s Center for Maternal and There being no objection, the mate- policies which facilitate communication Child Care, Inc.; Mexican-American Council; with people who are speakers of other lan- Migrant Legal Action Program; Minnesota rial was ordered to be printed in the guages. We are alarmed at this development Immigrant Freedom Network; NAACP; Na- RECORD, as follows: and urge you to reconsider this ill-advised tional Advocacy Center of the Sisters of the MAY 19, 2006. vote. Good Shepherd; National Association of DEAR SENATOR: On behalf of the under- There is no question that English is the Latino Elected Officials; National Associa- signed national Latino organizations, we are common language of this Nation; many of tion of Social Workers; National Council for writing to express our grave concern at the our organizaions offer English-language Community and Education Partnerships; Na- passage of the Inhofe Amendment to the im- classes and can testify to the fact that the tional Council of La Raza; National Health migration reform bill currently under con- demand for instruction far exceeds the sup- Law Program; National Immigration Law sideration in the Senate. We believe this ply. If there is one single issue that stands in Center; National Korean American Service & amendment jeopardizes the health and safety the way of immigrants learning English, it is Education Consortium; National Latina of all Americans by undercutting federal, a lack of resources to provide sufficient Health Network National Organization for state, and local government’s capacity to classes for those seeking to take them. We Women. provide vital information and services to im- are sorely disappointed that the Senate de- National Network for Arab American Com- migrants and Americans who are speakers of bate on language focused on a proposal to munities; National Network to End Domes- other languages. This amendment has noth- limit communication with immigrants rath- tic Violence; National Network to End Vio- ing to do with immigration reform, and it er than on increasing access to programs lence Against Immigrant Women; National does nothing to help immigrants learn that can actually assist immigrants as they Partnership for Women & Families; National English. We believe it has no place in this attempt to learn English while working, Puerto Rican Coalition; New York Asian bill and urge you to reconsider it. raising families, and contributing in mul- Women’s Center; New York Immigration Co- Upon review of the language of this amend- tiple ways to the vibrancy of this country. alition; OCA Greater Seattle Chapter; ment, we have reached the conclusion that it In addition, the Inhofe Amendment under- PeaceAction Montgomery; People for the would undercut policies that facilitate com- mines the health and safety of all Americans American Way; Presbyterian Church (USA); munication with people who are speakers of by undercutting federal, state, and local gov- Resource Center of the Americas; Rio Grande other languages. If this amendment becomes ernment’s capacity to provide vital informa- Centers, Inc.; SEIU Local 21—Louisiana; law, it would jeopardize the delivery of pub- tion and services to immigrants and Ameri- SEIU Local 32BJ; Service Employees Inter- lic health and safety messages that are in- cans who are speakers of other languages. It national Union; Sexual Assault Services Or- tended to protect all Americans. The amend- would jeopardize the delivery of public ganization; South Florida Jobs with Justice; ment would make it more difficult for agen- health and safety messages that are intended Southeast Asia Resource Action Center; cies like the Federal Emergency Manage- to protect all Americans. The amendment SSG/PALS for Health Program—SSG/ALAS ment Agency (FEMA) and the Centers for could make it more difficult for agencies para tu Salud. Disease Control and Prevention (CDC) to re- like the Federal Emergency Management Tahirih Justice Center; Teachers of spond to a flu pandemic, another hurricane Agency (FEMA) and the Centers for Disease English to Speakers of Other Languages, disaster like Katrina, or another terrorist Control and Prevention (CDC) to respond to Inc.; The American-Arab Anti-Discrimina- attack. If some portion of the community a flu pandemic, another hurricane disaster tion Committee; The California Pan-Ethnic does not receive information about immuni- like Katrina, or another terrorist attack. If Health Network; The Fair Immigration Re- zations or other health threats in a language some portion of the community does not re- form Movement; The Korean American Re- they can understand. then the entire public ceive information about immunizations or source & Cultural Center—Chicago; The is at risk. other health threats in a language they un- Mexican American Legal Defense and Edu- We are also offended by the premise re- derstand, then the entire public is at risk. cational Fund; The National Asian Pacific flected in the amendment and the debate This amendment has nothing to do with American Women’s Forum; The National which took place on the Senate floor that immigration reform, and it does nothing to Capital Immigration Coalition; UFCW Re- the English language is somehow ‘‘under at- help immigrants learn English. We believe it gion One; UNITE HERE; United Methodist tack’’ in the United States. Immigrants and has no place in this bill and urge you to re- Church, General Board of Church and Soci- all Americans understand that English is our consider it. ety; WA State Coalition Against Domestic common language. If there is a challenge to Sincerely, Violence; Women’s Committee of 100; the integration of immigrants. it is that ACORN; American Immigration Lawyers YKASEC—Empowering the Korean American there are insufficient English classes avail- Association; Americans for Democratic Ac- Community—New York. able to meet the demand from immigrants tion, Inc.; Arab Community Center for Eco- Mr. FRIST. Mr. President, we have who are eager to take them; the Inhofe nomic and Social Services; Asian American had a good process to this point on the Amendment does not help a single immi- Justice Center; Asian American Institute; immigration bill. I thank the bill man- grant learn English. We stand ready to join Asian and Pacific Islander American Health Forum; Asian Pacific Islander Coalition of agers for their hard work. We are now, in a debate on how to create new resources as I outlined this morning, in our final and options to facilitate English classes and King County; Asian Communities for Repro- the full integration of immigrants into our ductive Justice; Asian Law Alliance; Asian week prior to our recess. We have a lot society. We deeply regret that the Senate Law Caucus; Asian Pacific American Legal of legislative and executive items we failed to choose this course of action and in- Center of Southern California; ASPIRA; Bell need to complete before that recess. stead voted on a counterproductive proposal Policy Center-Denver; Break the Cycle; Therefore, in a moment, I will be filing that would do real harm while doing nothing Carter and Alterman; CASA of Maryland, cloture on the immigration bill to en- to promote English-language acquisition. Inc.; Center for Justice, Peace and the Envi- sure we will complete action before the The presence of this amendment in the im- ronment; Center for Law and Social Policy; Central American Resource Center/ Memorial Day recess, by the end of this migration reform bill calls into question our week. In doing so I hope we can still community’s support of the immigration re- CARECEN-L.A.; Centro de la Comunidad, form package. We urge you in the strongest Inc. have a fair process and continue to possible terms to reconsider this damaging Centro Hispano of Dane County; Chinese work through amendments. vote. for Affirmative Action/Center for Asian There are a number of germane Sincerely, American Advocacy; CHIRLA; Coalition of amendments that may be in order Hector Flores, National President, League Limited English Speaking Elderly; Commu- postcloture. I hope Senators will have of United Latin American Citizens (LULAC). nity Legal Services, Inc.; Cross-Cultural the opportunity to have votes on them. John Trasvin˜ a, Interim President and Gen- Communications, LLC; Cuban American Na- Having said that, we also have a tional Council; District of Columbia’s Fel- eral Counsel, Mexican American Legal De- lengthy list of important executive fense and Educational Fund (MALDEF). lowship of Reconciliation; Escuela Tlatelolco Arturo Vargas, Executive Director, Na- Centro de Estudios; Fuerza Latina; Greater nominations that I will be discussing tional Association of Latino Elected Offi- New York Labor-Religion Coalition; Immi- with the Democratic leader. It is my cials Educational Fund (NALEO). grant Legal Resource Center; Immigration hope we can reach time agreements on Janet Murguia, President and CEO, Na- Law Office of Kimberly Salinas; Institute of these so we can schedule those nomina- tional, Council of La Raza (NCLR). the Sisters of Mercy of the Americas; Korean tions for votes this week, as well. Manuel Mirabal, President and CEO, Na- American Voters Alliance; Korean Resource One of the nominations we will con- tional Puerto Rican Coalition (NPRC). Center—Los Angeles; La Causa Inc.; La sider is the nomination of Brett Clinica del Pueblo; Latino and Latina Kavanaugh to be a U.S. circuit court MAY 19, 2006. Roundtable of the San Gabriel Valley and DEAR SENATOR: We, the undersigned 96 na- Pomona Valley; Latino Leadership, Inc.; judge. I understand we would not be tional and local organizations, understand Law Center For Families; Lawyers’ Com- able to reach a time limit for that that the Senate voted yesterday to approve mittee for Civil Rights Under Law; League of nomination for this week. Therefore, it

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.059 S22MYPT1 rfake on PROD1PC64 with SENATE S4880 CONGRESSIONAL RECORD — SENATE May 22, 2006 is my intention to file cloture on that The PRESIDING OFFICER. Without TER was a bipartisan bill that did need nomination, as well. objection, it is so ordered. continued work, and that bipartisan ef- CLOTURE MOTION f fort was scuttled for a period of time. I now send a cloture motion to the The Democratic leader and I agreed desk on the comprehensive immigra- LEGISLATIVE SESSION to a process whereby we could bring tion bill. The PRESIDING OFFICER. Under that bill back to the floor, which was The PRESIDING OFFICER. The clo- the previous order, the Senate will re- the beginning of last week, where we, ture motion having been presented sume legislative session. in a bipartisan way, would have that under rule XXII, the Chair directs the opportunity to offer amendments and f clerk to read the motion. attempt to improve or adjust or modify The assistant legislative clerk read KAVANAUGH NOMINATION that bill. That is the process we are in as follows: the middle of right now. Mr. FRIST. Mr. President, the last I am pleased where we are today, but CLOTURE MOTION action was filing cloture on the nomi- as I said 2 weeks ago or 3 weeks ago, we We the undersigned Senators, in accord- nation of Brett Kavanaugh, the Presi- do need to complete this bill before the ance with the provisions of rule XXII of the dent’s nominee for the DC Circuit Standing Rules of the Senate, do hereby Memorial Day recess. Resuming con- move to bring to a close debate on Calendar Court of the Appeals. I have been dis- sideration in the early part of last No. 414, S. 2611: a bill to provide for com- cussing with the minority leader the week, we have made real progress. And prehensive immigration reform and for other nomination this morning and over the I do not know the exact number of purposes. course of the day and will continue to amendments, but we have had amend- William H. Frist, Arlen Specter, Larry work with him as we try to reach a ments every day come to the floor for Craig, Mel Martinez, Orrin Hatch, Gor- time agreement with respect to getting those up-or-down votes from both the don Smith, John Warner, Pete Domen- an up-or-down vote later this week. It Republican and the Democratic side of ici, George V. Voinovich, Ted Stevens, is because we have not been able to Craig Thomas, Thad Cochran, Judd the aisle. Gregg, Lindsey Graham, Norm Cole- agree to that, that I filed cloture to en- We allowed discussion and debate, man, Mitch McConnell, Lamar Alex- sure we have a vote on this nomina- and I think the country’s under- ander. tion. standing of this legislation, which is Mr. FRIST. I ask that the live I expect the full Senate to vote on complex, has improved over the course quorum under rule XXII be waived. this nomination. I don’t know exactly of the several weeks we have had it on The PRESIDING OFFICER. Without what the schedule will be. It will de- the floor. We are all looking closer at objection, it is so ordered. pend on the outcome of the immigra- what is in the underlying bill, with the proposing of amendments to modify f tion bill. I did have the opportunity to meet that, and having good debate—Demo- EXECUTIVE SESSION with Mr. Kavanaugh today. He is an crat and Republican—on the issue. outstanding candidate, a candidate The more time we spend with it, the who has stellar credentials, both in the more time we come to understand BRETT M. KAVANAUGH TO BE there are some very good things about UNITED STATES CIRCUIT JUDGE private sector and the public sector, working as counsel and adviser to the the bill, things that still need some FOR THE DISTRICT OF COLUM- correction. And we will have the oppor- BIA CIRCUIT President. He has had a distinguished legal career that has had him argue be- tunity to do that, with the cloture mo- Mr. FRIST. I now move to proceed to fore the Supreme Court and appeals tion filed tonight, over the course of executive session and the consideration courts around the country. He is a voting in the morning, tomorrow after- of Calendar No. 632, the nomination of graduate of Yale University and Yale noon, Wednesday over the course of the Brett Kavanaugh. Law School where he served on the law day, and once cloture is in effect, still The PRESIDING OFFICER. Without journal. He has, on three separate occa- have germane amendments come to the objection, it is so ordered. sions, received the American Bar Asso- floor. So that process needs to con- The clerk will report. ciation stamp of approval. tinue. What it will do is allow us to The assistant legislative clerk read He was nominated 3 years ago. He has complete that bill before Memorial the nomination of Brett M. Kavanaugh, waited 3 years for the vote we will have Day. of Maryland, to be United States Cir- later this week, for that fair up-or- We have had a number of amend- cuit Judge for the District of Columbia down vote. It is time the Senate fulfills ments that have been interesting to Circuit. its constitutional duty, the advice and watch as we have gone forward. Mr. CLOTURE MOTION consent, by giving Mr. Kavanaugh that SESSIONS, the Senator from Alabama, had an amendment early on to Mr. FRIST. I send a cloture motion to vote he deserves. I look forward to strengthen our southern border, to the desk. moving ahead on his nomination and The PRESIDING OFFICER. The clo- build those 370 miles of triple-layered upholding the confirmation process. ture motion having been presented fence, and 500 miles of vehicle barriers under rule XXII, the Chair directs the f at strategic locations—a clear-cut im- clerk to read the motion. COMPREHENSIVE IMMIGRATION provement on the bill, strengthening The assistant legislative clerk read REFORM ACT OF 2006—Continued the bill along the border consistent as follows: with our first priority; that is, to se- CLOTURE MOTION Mr. FRIST. Mr. President, I will be cure that border. We the undersigned Senators, in accord- closing shortly, but I do want to com- The Senate also approved the amend- ance with the provisions of rule XXII of the ment briefly on the immigration bill ment by Senators KYL, GRAHAM, Standing Rules of the Senate, do hereby today. I want to make a few remarks CORNYN, and ALLEN to close a loophole move to bring to a close debate on Executive on where we are and then where we will in the bill that would allow criminal Calendar No. 632, the nomination of Brett M. be going. aliens to obtain legal status. Once peo- Kavanaugh, of Maryland, to be United States Mr. President, we began debate on ple looked at that, they said that is Circuit Judge for the District of Columbia the comprehensive immigration reform only common sense. Again, it became Circuit. before the Easter recess. The majority Bill Frist, Arlen Specter, Saxby overwhelmingly supported in a bipar- Chambliss, Larry Craig, Mel Martinez, was at that time set to strengthen the tisan way—again, an important dem- Elizabeth Dole, Johnny Isakson, Pat underlying bill by having debate and onstration of why it was important to Roberts, Ted Stevens, Craig Thomas, amendment on the underlying bill to have open debate and amendment. Thad Cochran, Chuck Grassley, Judd be able to toughen the border security That amendment clarifies that any il- Gregg, Tom Coburn, Richard Shelby, aspect, but at the 11th hour, the other legal alien who is ineligible for a visa Lindsey Graham, Orrin Hatch. side said: No, we are not going to allow or who has been convicted of a felony Mr. FRIST. I ask unanimous consent that open debate and amendment proc- or three misdemeanors is ineligible for the live quorum be waived, and the ess. So what had come to the floor a green card—again, just common Senate resume legislative session. under the leadership of Chairman SPEC- sense.

VerDate Aug 31 2005 03:02 May 23, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.060 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4881 Another commonsense issue of na- For his valorous service, Sergeant brother leading the way for the other tional cohesion that really hits at the Sherrill was awarded the Bronze Star illustrated the relationship the two heart of what makes this country great Medal and the Purple Heart. He had shared throughout James’s life. Wil- was when the Senate voted in favor of previously received both the Army liam Sherrill said: an amendment by Senator INHOFE to Good Conduct Medal and the Armed B.J. always looked up to James. They were require that English be declared our Forces Reserve Medal, and he was best friends. Losing James has been particu- national language of the United States. awarded the Kentucky Distinguished larly hard on B.J. . . . he’s more serious now. As people listened to that and digested Service Medal, the second highest James was a protector, not only for what it meant, people said: Well, of honor that the Commonwealth of Ken- B.J. but for others he helped mentor, course English is a necessary tool for tucky can bestow. such as the children at his local church every aspiring American to be success- James moved around the country a and his fellow soldiers in Iraq. Given ful and to join the mainstream of bit growing up, but while he was still the choice between going to college or American society. young, the Sherrill family settled in joining the military, James opted for That is just an example of a few of Kentucky—Ekron, to be precise, a the Marines, where he expanded his the amendments. Again, we have con- small town of a few hundred people in skills, traveled the world, and devel- sidered a number of amendments, and Meade County and the birthplace of oped his faith. we will consider a number more as we legendary Baseball Hall of Famer Pee After completing his tour with the go forward. Wee Reese. In Ekron, James and his Marines, James returned home to It was last October when I said we younger brother B.J. would grow up to- Ekron, where he decided to continue would start with border security and gether and become well known serving his country and joined the Ken- we would build out a comprehensive throughout the community. tucky National Guard. He also became approach to this very challenging prob- The Sherrills are a close-knit family. a student at Elizabethtown Community lem of thousands—indeed, hundreds of William ‘‘Buddy’’ Sherrill and his wife College, hoping to pursue a career in thousands—of people coming across our Beatrice, two soft-spoken people, have law enforcement, and he met the love borders illegally and millions working a lifetime of memories of their son of his life. in this country illegally and many tak- James. William and Beatrice raised James used his experience from the ing advantage of our social services il- James and B.J. to love others, respect Marines to, as his father put it, ‘‘be- legally in this country. So we have authority, and to be true gentlemen. come a leader that everyone looked made real progress—again starting in Being the older brother, James took to.’’ He always emphasized the impor- October—and we will complete that his role as his brother’s keeper seri- tance of being focused on the mission process by the Memorial Day recess, ously—most of the time. Beatrice re- at hand to his squad. He constantly with the action I took tonight. calls, however, when James and B.J. double-checked his team to make sure Mr. President, given our policy meet- were still very young, one time when they all knew their roles. James knew ings tomorrow afternoon, I now ask B.J. imagined himself to be the he and his fellow soldiers would be unanimous consent that the filing superhero Batman. To inaugurate his navigating some of the most deadly deadline under rule XXII be extended career as a caped crusader and to stretches of highway in the world. until 2:30 p.m. on Tuesday. strike fear in the hearts of criminals, Whenever he called home, however, The PRESIDING OFFICER. Without B.J. decided to jump out a window. he said the dangers of his job did not objection, it is so ordered. But heights can be intimidating, es- worry him. James’s father recalls that pecially to a small child. Even one his son felt at peace with what he was f wearing a cape and a mask. So just as doing, even though he knew he may MORNING BUSINESS he was about to jump, B.J. hesitated. never make it home. William Sherrill Noticing his younger brother sitting Mr. FRIST. Mr. President, I ask attributes this serenity to his son’s on the edge of the windowsill in the unanimous consent that there now be a faith. Sherrill home, James decided it was up period of morning business, with Sen- James reached his final resting place to him to help his brother out the only ators permitted to speak for up to 10 on April 12, 2005, in a small plot of land way he knew how. So James came up minutes each. adjacent to the Zion Grove Baptist behind B.J. and gave him the push he The PRESIDING OFFICER. Without Church in Ekron. Sergeant Sherrill was wasn’t looking for. objection, it is so ordered. buried with full military honors. Later Asked why he had just pushed his that afternoon, William Sherrill rested f brother out the window, James looked on the front porch of a neighbor’s home HONORING OUR ARMED FORCES up at his parents and told them sin- to reflect on the day’s events. cerely he was only ‘‘trying to help his Eventually, he looked up to see, SERGEANT JAMES A. SHERRILL brother.’’ Thankfully, no one was seri- stretched out across the sky, one of the Mr. MCCONNELL. Mr. President, I ously hurt, and James’s understanding brightest rainbows he had ever wit- come to the floor today to reflect on of how best to help others, shall we nessed. This magnificent rainbow the tremendous sacrifice and dedica- say, ‘‘evolved’’ over time. seemed to spring up from the Sherrill tion displayed on a daily basis by our A few years later, James found suc- family home, stretch into the sky, and country’s soldiers. In particular, I wish cess on the football field. He soon be- then arc downward, delicately landing to call to my colleagues’ attention the came cocaptain of the Meade County near the cemetery of Zion Grove Bap- story of one young man who laid down High School varsity football team. His tist Church. his life defending our country. drive on the field spilled over into the Every day when William Sherrill While words cannot lessen the an- weight room, where he broke several of drives his truck home from work, his guish of those who knew and loved his school’s weightlifting records. route usually takes him past James’s him, they can illuminate his heroism James’s greatest moments on the grave site. And every day he is sure to and sacrifice. So it is entirely appro- field came his senior year with brother slow his vehicle and blow his son a priate that we pause today to remem- B.J., then a sophomore, also on the gentle kiss. ber and celebrate the life of SGT James team. James played fullback, blocking I am grateful to William and Bea- A. Sherrill of Ekron, KY. opponents and creating holes for his trice Sherrill today for sharing their Sergeant Sherrill served in the Ken- ball-carrying brother, who played half- stories of James with us. We are think- tucky Army National Guard’s 2113th back. Over the course of the season, ing of James’s brother, B.J., today as Transportation Company based out of this one-two brotherly combination well. Paducah, KY. Tragically, he died in would amass an outstanding record. Across the Nation, other families un- Bayji, Iraq, on April 3, 2005, as he and ‘‘Our whole community knew him be- derstand the simple gesture of blowing his fellow soldiers were escorting a sup- cause of [the] sports he played,’’ B.J. a kiss, for they, too, have lost a loved ply convoy. An improvised explosive said of his brother James. one in the line of duty. As a nation, we device detonated near his military ve- Beyond the yards gained or the all grieve with these families. Yet we hicle. He was 27 years old. touchdowns scored, this portrait of one feel a sense of pride as well; pride at

VerDate Aug 31 2005 04:14 May 23, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.061 S22MYPT1 rfake on PROD1PC64 with SENATE S4882 CONGRESSIONAL RECORD — SENATE May 22, 2006 the notion that thousands of men and David was known for his dedication UNLV PRESIDENT CAROL HARTER women of courage have volunteered to to his family and his love of country. Mr. REID. Mr. President, I rise today wear the uniform and face danger in Today and always, David will be re- to recognize an outstanding citizen order to protect America. membered by family members, friends from my home State, Dr. Carol C. SGT James Sherrill demonstrated his and fellow Hoosiers as a true American Harter. As the longest serving presi- courage twice over, first by joining the hero, and we honor the sacrifice he dent in the history of the University of Marines, and again by joining the Ken- made while dutifully serving his coun- Nevada, Las Vegas, Carol has brought a tucky National Guard. His devotion try. and his sacrifice were a gift to the rest real vision for Nevada’s future to her As I search for words to do justice in work and to our communities. of us. We must treasure that gift. honoring David’s sacrifice, I am re- Mr. President, I ask my colleagues to On June 30, 2006, Carol will step down minded of President Lincoln’s remarks president of the university and leave keep the family of SGT James Sherrill as he addressed the families of the fall- in their thoughts and prayers. They behind an extraordinary legacy of ac- en soldiers in Gettysburg: ‘‘We cannot will certainly be in mine. complishments. Under her direction, dedicate, we cannot consecrate, we LANCE CORPORAL DAVID GRAMESSANCHEZ the university created 100 degree pro- cannot hallow this ground. The brave grams. She was instrumental in the Mr. BAYH. Mr. President, I rise men, living and dead, who struggled today with a heavy heart and deep creation of the William S. Boyd School here, have consecrated it, far above our sense of gratitude to honor the life of a of Law, the School of Architecture, and poor power to add or detract. The brave young man from Fort Wayne. the School of Dental Medicine. She in- world will little note nor long remem- David GramesSanchez, twenty-two creased the size of the university, add- ber what we say here, but it can never years old, was killed on May 11 in a ing to the number of buildings, pro- forget what they did here.’’ This state- tank wreck near Karmah, 50 miles west grams, students, and faculty. During of Baghdad in the Anbar province. ment is just as true today as it was Carol Harter’s tenure as president, she Leaving his life and family behind him, nearly 150 years ago, as I am certain raised over $556 million in gifts and David risked everything to fight for that the impact of David’s actions will pledges, which accounts for more than the values Americans hold close to our live on far longer that any record of 80 percent of all gifts received since the hearts, in a land halfway around the these words. UNLV Foundation’s inception in 1982. world. It is my sad duty to enter the name Carol brought a style of leadership to According to his family, joining the of David GramesSanchez in the official the university that was both effective Marine Corps had been a lifelong dream RECORD of the U.S. Senate for his serv- and inspirational. Her strength, vision, of David’s and he loved being in the ice to this country and for his profound and compelling personality provided an Corps. An Elmhurst High School wres- commitment to freedom, democracy example to her students, faculty, and tler remembered for his infectious and peace. When I think about this just the community. I am well acquainted smile, David followed the family tradi- cause in which we are engaged, and the with her abilities because I have had tion of joining the service. Both his unfortunate pain that comes with the the privilege of working with her on grandfathers had served, and despite loss of our heroes, I hope that families numerous projects. One project that the objections of some of his relatives, like David’s can find comfort in the has great meaning to me personally David enlisted shortly after his high words of the prophet Isaiah who said, was the founding of the School of Den- school graduation. His aunt told a local ‘‘He will swallow up death in victory; tal Medicine. Growing up, my family news outlet, ‘‘I tried to talk him out of and the Lord God will wipe away tears did not have access to good dental care, (joining the Marines) because I knew from off all faces.’’ and I know what a tremendous impact something might happen to him. But May God grant strength and peace to the dental school’s community out- he was very independent and loved his those who mourn, and may God be with reach programs will have on families country. It seems apparent now that all of you, as I know He is with David. like mine. David was called by God and his coun- SERGEANT LONNIE CALVIN ALLEN, JR. Carol’s dedication did more than sim- try to lead a purpose-driven life. He Mr. HAGEL. Mr. President, I rise to ply benefit the university; her efforts wanted to make a difference.’’ David express my sympathy over the loss of improved the quality of life in Nevada. was on his second tour of duty in Iraq Army SGT Lonnie Calvin Allen, Jr., Under Carol’s leadership, the univer- when he was killed. from Nebraska. Sergeant Allen died sity has grown to be an institution His death came as a second blow to when an improvised explosive device that attracts professionals and aca- his community, as David was the sec- detonated near his vehicle while on pa- demics to Nevada, provides for a cul- ond graduate of his high school to die trol northwest of Baghdad on May 18. tural meeting place, trains the minds in Iraq. Six months ago, a roadside He was 26 years old. of all who come through its doors, and bomb attack killed Army Corporal Sergeant Allen grew up in Bellevue, raises the level of culture and society Jonathan Blair, a 2002 Elmhurst grad- NE, and graduated from Bellevue East in our community. I wish her only the uate. best as she continues her career as ex- David was killed while serving his High School in 1998. After 2 years at ecutive director of the Black Mountain country in Operation Iraqi Freedom. Northeastern Junior College in Ster- Institute. Her many accomplishments He was assigned to the 2nd Tank Bat- ling, CO, he enlisted in the U.S. Army. as president of the University of Ne- talion, 2nd Marine Division, 2nd Marine After his first enlistment was com- vada, Las Vegas, will benefit the uni- Expeditionary Force, Camp Lejeune, pleted, Sergeant Allen reenlisted and versity and the residents of Nevada for N.C. This brave soldier leaves behind was deployed to Iraq in August 2005. He years to come. his wife, Lindsay Walsh; his 2-year-old was a member of the 10th Mountain Di- son, Corbin; his father, David Grames, vision based out of Fort Drum, NY. f ´ Sergeant Allen will be remembered as and father’s fiancee, Lory Burton; his NATIONAL TRAILS DAY mother, Guadalupe Sanchez; his sister, a loyal soldier who had a strong sense Emily Grames; and numerous other of duty, honor, and love of country. Mr. REID. Mr. President, I rise today relatives. Thousands of brave Americans such as in recognition of National Trails Day, Today, I join David’s family and Sergeant Allen are currently serving in which will be celebrated on June 3. One friends in mourning his death. While Iraq. of this country’s greatest natural we struggle to bear our sorrow over Sergeant Allen is survived by his wife treasures is its trails. Trails offer an this loss, we can also take pride in the Birgit, and parents, Lonnie and Sallie opportunity for people of all ages to example he set, bravely fighting to Allen. Our thoughts and prayers are recreate, exercise and explore the great make the world a safer place. It is his with them at this difficult time. Amer- outdoors. Oftentimes they are a reflec- courage and strength of character that ica is proud of Sergeant Allen’s heroic tion of our history—a link to our past people will remember when they think service and mourns his loss. that allows us to literally follow in the of David, a memory that will burn I ask my colleagues to join me and footsteps of those who came before us. brightly during these continuing days all Americans in honoring Sergeant Since its inception in 1993, National of conflict and grief. Lonnie Calvin Allen, Jr. Trails Day has increased the awareness

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.028 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4883 of trails in our communities, and it has Center in Saginaw; Genesys Health System ing health care coverage for employed, low- also provided support to the volunteer in Flint; and St. John Health in Detroit—has income persons using the three-share model: trail clubs that do so much to enhance a significant presence in Michigan. We be- HealthChoice in Wayne County (1994) and Ac- the access and enjoyment of our trails. lieve your legislation will help us in our cess Health in Muskegon County (1999). Both work at the local level in Michigan and are received grant monies for their start-up I extend my thanks to the volunteers across the country to achieve 100% access to and operation costs. who put forth so much time, passion health care. The three-share program is a successful and energy into maintaining the 200,000 Over the past 6 years, Ascension Health model for other regions to replicate. How- miles of trails we are fortunate to call has fostered the development of local com- ever, without start-up seed money in which our own. munity coalitions to expand access and im- to build community involvement, determine The theme for this year’s National prove the quality of care provided to the un- market needs, and establish administrative Trails Day celebration is ‘‘Experience insured. Our experience led to the develop- systems to carry out operational functions, ment of a 5 step model to expand access to these programs cannot get off the ground. In Your Outdoors.’’ From hiking and care. Step One is to build a formal infra- climbing to biking and horseback order to begin solving the health care crisis structure that can support safety net serv- on a local level, communities need monetary riding, there are many things we can ices for the uninsured. Step Two is to fill supports in which to fund initiatives such as do to experience our outdoors. I en- service gaps, such as dental prescription three-share programs. courage all Americans to participate in drugs, and mental health services. Step Michiganders want access to high-quality, National Trails Day and truly enjoy Three is to develop and implement a care affordable health care. Thank you for initi- their outdoor experience. model for the uninsured that emphasizes co- ating this legislation to help them receive it. I know that many of my fellow Ne- ordinated services throughout the con- Sincerely, tinuum of care. Step Four is to recruit phy- vadans will be enjoying National Trails DENNIS H. SMITH, sicians to provide medical homes and spe- President & CEO. Day this year with celebrations sched- cialty care for the uninsured. Step Five is to uled at The John Day Trail and the get funding to ensure the long term sustain- Greenhorn Cutoff of the California Na- ability of the initiative. TRINITY HEALTH, tional Historic Trail in Elko, The Pony Since 2000, community coalitions in Michi- Novi, MI, May 12, 2006. Express Trail in Eureka, The Tahoe gan with an Ascension Health partner have Hon. DEBBIE STABENOW, U.S. Senate, Rim Trail at Lake Tahoe, Condor Can- received over $11 million in federal support through the Healthy Community Access Pro- Washington, DC. yon in Caliente and the Spring Moun- gram (HCAP) and approximately $2 million DEAR SENATOR STABENOW: I am writing to tains National Recreation Area in Las in matching funds from Ascension Health. congratulate and thank you for your legisla- Vegas to name a few. These funds have been used to develop and tion, the Health Care Access for Small Busi- Nevada’s trails are rich with history implement many of the steps identified nesses Act of 2006, and to offer Trinity and uniquely beautiful. I invite you all above to achieve 100% access. We believe Health’s support and assistance in its pas- to visit Nevada’s trails and experience your legislation would help us reach the sage. all that they have to offer. final step of achieving long term sustain- As you know, Mercy General Health Part- f ability by providing small business, owners ners, one of Trinity Health’s twelve hospitals and their workers an opportunity to afford in Michigan, was instrumental in the cre- CREATING OPPORTUNITIES FOR insurance coverage. ation of Access Health, one of the nation’s PUBLIC-PRIVATE PARTNERSHIPS We enthusiastically support your legisla- most successful community-initiated pro- FOR SMALL BUSINESSES tion. Please let us know what we can do to grams for the working uninsured. Access further help you in your efforts to expand Ms. STABENOW. Mr. President, I Health now has a seven year track record. coverage for the 47 million Americans with- We are proud to be associated with Access wish to have included in the RECORD out health insurance, the additional 40 mil- Health, and appreciate your past contribu- statements of support for S. 2588, the lion Americans who go uninsured during tions in helping to make it the success that Health Care Access for Small Busi- some part of the year, and the additional 80 it is. nesses Act, from all across the state of million Americans who are only partially The Health Care Access for Small Busi- Michigan. I am proud to have support covered. nesses Act of 2006 will help communities from organizations as diverse as pro- Sincerely. across the nation replicate the Access Health viders, insurers, and elected officials. ATHONY R. TERSIGNI, model, and thus become an important piece The three share model is an innova- President and Chief Executive Officer. of the solution for the country’s millions of tive community-based concept that has uninsured individuals. UPPER PENINSULA HEALTH PLAN, Specifically, your bill would leverage a fed- worked across the United States from Marquette, MI, April 20, 2006. eral contribution with community funds to California to Arkansas, of course, to Hon. DEBBIE STABENOW, help small businesses and their employees Michigan. The name, ‘‘three share’’ U.S. Senate, purchase a health coverage product devel- stems from the program’s payment Washington, DC. oped by the community. In addition to re- structure. Premiums are shared be- DEAR SENATOR STABENOW: I am writing to ducing the local uninsured population, in- tween the employer who pays 30 per- express my organization’s support for Sen- creased access to health care in a commu- cent, the employee who pays 30 percent ator Stabenow’s SB 2588, ‘‘Health Care Ac- nity will result in community-wide economic cess for Small Business Act of 2006.’’ SB 2588 and the community which covers the benefit. Employers in the community will will provide grants to eligible ‘‘three-share experience less health care cost-shifting, and remaining 40 percent of the cost. programs’’ for the start-up and operation increased productivity and employee reten- I ask unanimous consent that the costs of providing specific health care bene- tion. With greater emphasis on preventive support letters be printed in the fits to eligible covered individuals for a pe- and chronic care, communities’ uninsured RECORD. riod of five years. populations will become less of a financial There being no objection, the mate- A ‘‘Three-Share Program’’ is a basic plan burden on state and local budgets. rial was ordered to be printed in the for health care coverage that brings together Thank you for your very thoughtful effort employers, workers without health care cov- RECORD, as follows: to help communities, small business, and to erage and outside funding to create a health ensure that the uninsured are not forgotten. ASCENSION HEALTH, care coverage plan for those workers who St. Louis, MO, April 28, 2006. We look forward to working with you on this have no other access to health insurance. national effort. Hon. DEBBIE STABENOW, The plan encourages employers (formerly Sincerely, U.S. Senate, not offering insurance coverage) to assist in MARSHA J. CASEY, Washington, DC. the payment of modest fees for their employ- President, Michigan Ministries. DEAR SENATOR STABENOW: I am writing in ees’ health coverage. Additional private, strong support of the legislation you re- state, and/or federal funds are required to cently introduced, S. 2588, the ‘‘Health Care augment fees paid by other parties to com- Detroit, MI, May 9, 2006. Access for Small Business Act of 2006,’’ that plete the reimbursement of care. This trans- Hon. DEBBIE STABENOW would expand health insurance coverage for forms the ‘‘slow pay/no pay’’ patients into U.S. Senate, employees who work for small companies ‘‘assuredly-pay/discount-pay’’ patients. Washington, DC. through a ‘‘Three-Share Program’’ modeled Presently in Michigan, 1.2 million people DEAR SENATOR STABENOW: I am writing to on a successful initiative first developed in do not have health care coverage. Sixty per- express Wayne County’s strong support for S. Michigan. As you know, Ascension Health— cent of the 1.2 million are employed and 2588, the Health Care Access for Small Busi- through our sponsored hospitals and heal work full or part-time. Fifty percent of the nesses Act of 2006. As you know, Wayne systems in Michigan that include Standish 1.2 million are employed by small businesses County, Michigan has long been on the fore- Community Hospital; Borgess Health Alli- and are not offered health care benefits. front of developing innovative health cov- ance in Kalamazoo; St. Joseph Health Sys- Michigan has seen two successful and sepa- erage for small business employees and the tem in Tawas City; Saint Mary’s Medical rate community initiatives that began offer- uninsured. Our experience demonstrates that

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these programs have a meaningful impact on OAKWOOD HEALTHCARE, INC., Michigan families are facing the hardship of employee retention and well-being and pro- Dearborn, MI, May 16, 2006. being uninsured as cutbacks in manufac- vide a much-needed safety net to scores of Hon. DEBBIE STABENOW, turing leave them unemployed or in jobs workers in Wayne County. As such, we ap- U.S. Senator, without health benefits. preciate Senator Stabenow’s leadership and Washington, DC. The economic impact of the growing unin- strongly support the authorization of federal DEAR SENATOR STABENOW: Thank you for sured is most evident for states and local- grant programs for pilot demonstrations introducing Senate Bill 2588 that certifies ities like ours trying to attract job-creating that will help ensure the establishment and and supports programs to provide uninsured investments. Small businesses often find the continued success of three-share health employees of small businesses access to that insurance coverage for their employees coverage programs across the country. health coverage. is either unaffordable or simply unavailable. The ‘‘three-share’’ programs developed in As the Chief Executive Officer of a health Large employers that do provide health in- Wayne County provide affordable coverage system in a market experiencing high unem- surance are bearing many of the uninsured and quality medical care to working unin- ployment and increasing numbers of unin- treatment costs, which are shifted to them sured residents. As you are aware, the two sured patients among the employed, I am through steeply rising premiums. The result primary three-share programs operating in hearing of many individuals avoiding visits is an uneven playing field for employers. Wayne County are the Health Choice pro- to their healthcare provider due to lack of More importantly, the uninsured often re- gram and the Four Star Program. Under insurance. This has resulted in significant ceive care that is ‘‘too little too late.’’ Minor illnesses become more severe because care is both programs, workers receive coverage for decreases in hospital admissions in South- delayed. The Institute of Medicine has deter- primary health care, prescription drugs, east Michigan during the past six months. mined that thousands of uninsured people emergency and urgent care, hospital care, Of course, the underlying health problems die each year because of this delayed care. and diagnostic services. Employers, employ- of these uninsured individuals are not going away. We fully expect to see many of them I hope you will work to find bipartisan sup- ees, and the County each pay roughly one- port for the ‘‘Health Care Access for Small third of the premium cost of the coverage, in our Emergency Room when their condi- tion reaches a crisis stage. Businesses Act of 2006,’’ and that you can which is less than $60 per month for employ- continue to support other legislative initia- ees. There are currently 607 employers, in- While the problem of the uninsured is en- trenched and growing, there are potential so- tives on behalf of the uninsured. ‘‘Coverage cluding 3,700 members, participating in and access for all’’ makes economic sense be- Health Choice and approximately 40 busi- lutions. Our governor in Michigan is working to create a statewide plan that would cover cause it will mean more efficient and effec- nesses, including 150 members, participating tive care, a healthier population, and a more in Four Star. significant numbers of uninsured residents. While we support this work, we also believe competitive local economy. More impor- These three-share programs not only pro- that development of shared resource insur- tantly, coverage and access for all is the vide coverage to individuals who badly need ance programs could very quickly begin ad- right thing to do for our community. In a it; but they also help small businesses at- dressing the problem in a number of local just society, no one should be left behind. tract and retain skilled employees. In Wayne markets. Thank you for your efforts on behalf of the County, roughly 280,000 persons are unin- Oakwood has already established one such uninsured. sured, many of whom are employed by small program, known as the ‘‘Four-Star’’ health Sincerely, businesses that cannot afford to bear the plan, in which Oakwood Healthcare System, STANLEY GOLDBERG. cost of providing a health insurance benefit St. John Health System, Henry Ford Health f to their employees. The three-share pro- System, and the Detroit Medical Center, grams operating in Wayne County provide partner with the Wayne County Health De- ADDITIONAL STATEMENTS these employers with a low-cost way of pro- partment to provide coverage to qualified in- viding health insurance to their workers, dividuals who share the cost with their em- which in turn reduces sick days, builds em- ployer and the county. IN RECOGNITION OF 40 YEARS OF ployee morale and loyalty, and ultimately We believe this program and others like it FAITHFUL SERVICE TO THE improves our local economy. offer a timely and viable approach to pro- ELIEZER CHURCH OF OUR LORD Federal grants that would be authorized by viding health care access to the uninsured JESUS CHRIST S. 2588 could enable Wayne County to expand employed by small businesses. It is exactly ∑ Mr. LEVIN. Mr. President, I would these programs to serve more persons or in- the approach described in S. 2588. clude additional benefits. Currently, Wayne We welcome the support this bill would like to take this opportunity to recog- County’s three-share programs only cover provide to build and market plans like ours. nize two distinguished religious leaders employees and their spouses, as the County While we believe such three-share plans offer in Michigan, Pastor Raymond H. is unable to provide coverage to the children the right solution to many employers and Dunlap, Sr. and his wife, Mother Lil- of employees. Funding could also support the their employees, they require significant lian B. Dunlap. On May 21, 2006, they County’s outreach efforts to eligible employ- startup investment. The grants called for in will be honored for their service to The ers, including reaching out to the Hispanic Section 2201 would do much to encourage ad- and Arab American communities to ensure Eliezer Church of Our Lord Jesus ditional three-share programs, thus pro- Christ of Flint, MI. awareness of the program and how it oper- viding access to health care for thousands of ates. Finally, it is possible that federal grant employed individuals while adding to the vi- Bishop Dunlap, known by many as a money would allow the County, working ability and competitiveness of many small ‘‘Man with a Vision,’’ entered the min- with its underwriters to lower the portion of businesses. We heartily endorse passage of istry in Columbus, OH in 1954 under the premiums that employers have to pay, thus this legislation. guidance of his father, the late Bishop providing an incentive to additional small Sincerely, Sandy Dunlap. In 1966, he became the businesses to participate in the program. Nu- GERALD D. FITZGERALD, pastor of the newly established Eliezer merous other counties would similarly ben- President and CEO. Church of Our Lord Jesus Christ in efit from a federal grant program for three- Flint, MI. Bishop Dunlap was ap- share programs. WWW.COVERTHEUNINSURED.ORG, Wayne County’s programs have enhanced Dearborn, MI, May 2, 2006. pointed district elder of the Northern access to health services for the most needy Hon. DEBBIE STABENOW, District in 1977 and 3 years later was in our community and we commend your U.S. Senate, named junior bishop at the Inter- leadership and vision for seeking expanded Washington, DC. national Convocation. Bishop Dunlap’s nationwide access to this model. We are con- DEAR SENATOR STABENOW: I want to thank faithfulness, leadership, and service fident other municipalities will find your you for developing and introducing the lead him to be consecrated bishop in legislation attractive as well. Expanding in- ‘‘Health Care Access for Small Businesses 1983. Bishop Dunlap directed the cre- surance opportunities for our nation’s unin- Act of 2006.’’ I support efforts to expand cov- ation of 13 Churches of the Lord Jesus sured and providing small businesses with a erage for the uninsured, and I am pleased meaningful way of offering health coverage that your legislation is modeled on the suc- Christ in Michigan, as well as 3 in Min- to their employees are significant challenges cessful multi-share program in Muskegon nesota. to many, if not most, municipalities. Three- that provides affordable health insurance op- Over the years, Bishop Dunlap has share programs can positively impact other tions for small businesses. It is this kind of founded several programs, including counties and cities nationwide so that both program that should be replicated to reduce the Michigan Home Builders, the Apos- employers and employees benefit from the the number of working uninsured in our tolic Instructions Deliverance Station, continued strength of these programs. Thank country. and Anti-Juvenile Delinquency. He also you again for all your leadership and all I hope you will find other ways to bring the organized the Freedom Train Outreach your efforts to address pressing national urgent issue of the uninsured to the fore- health coverage access problems. front of the national political agenda. Nearly and was editor of the International Sincerely, 46 million Americans are living without Church of Our Lord Jesus Christ of the ROBERT A. FICANO, health insurance, including more than 8 mil- Apostolic Faith. Through these com- Wayne County Executive. lion children. As you know, more and more munity-based efforts, Bishop Dunlap

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.045 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4885 has provided much needed assistance The We the People national competi- PETITIONS AND MEMORIALS and leadership to those most in need. tion is a 3-day academic competition The following petitions and memo- Bishop Dunlap’s wife, Mother that simulates a congressional hearing rials were laid before the Senate and Dunlap, has dedicated a great deal of in which the students ‘‘testify’’ before were referred or ordered to lie on the her service to youth ministry. Her a panel of judges on constitutional top- table as indicated: work with the Youth Department, Sun- ics. Students are able to demonstrate day School Department, Music Depart- their knowledge and understanding of HOUSE CONCURRENT RESOLUTION NO. 109 ment, as well as the Church of Our constitutional principles as they evalu- POM–321. A concurrent resolution adopted Lord Jesus Christ Bible Institute Ex- ate and defend positions on relevant by the House of Representatives of the Legis- lature of the State of Louisiana relative to tension has allowed her to touch the historical and contemporary issues. taking such actions as are necessary to lives of children and adults alike. In The We the People: The Citizen and adopt the Senate Appropriations Committee addition, she has ministered her faith the Constitution program is adminis- amendment for fishing industry recovery through several literary contributions, tered by the Center for Civic Education under the Magnuson-Stevens Fishery Con- including ‘‘Words From the Lord For and funded by the U.S. Department of servation and Management Act to H.R. 4939 the Women,’’ ‘‘Go To Sleep With Moth- Education through congressional ap- making emergency supplemental appropria- er’s Prayer,’’ and ‘‘Mountain Top Pray- propriations. I am proud to note that tions for the fiscal year ending September 30, ers.’’ Mother Dunlap’s faith has been 2006; to the Committee on Appropriations. between 2002 and 2005, Indiana had Whereas, Louisiana’s fishing industry is an inspiration not only to her church 147,497 students participate in the pro- second only to Alaska’s in terms of volume but to the entire community. grams offered through the Center for with annual landings in excess of 1.2 billion Bishop and Mother Dunlap have de- Civic Education, with 7,074,896 partici- pounds valued at more than three hundred livered their spiritual message through pating nationally.∑ nine million dollars; and radio ministry for several years. Whereas, Hurricanes Katrina and Rita in Bishop Dunlap ministers through ‘‘The f August and September of 2005 virtually de- stroyed the fishing industry in the state of Hour of Power, for Prayer or to Share’’. MESSAGE FROM THE HOUSE Mother Dunlap extends her message Louisiana, which resulted in the United States Secretary of Commerce, Carlos through ‘‘The Extension of the Hour of At 1:25 p.m., a message from the House of Representatives, delivered by Guiterrez, issuing a formal fishery failure Power—Sleep Well With Mother’s and fishery resource disaster declaration on Prayer.’’ Ms. Niland, one of its reading clerks, September 9, 2005, as a result of Hurricane I know my colleagues join me in con- announced that the House has passed Katrina and a second such declaration on Oc- gratulating Bishop Dunlap and Mother the following bill, in which it requests tober 4, 2005, as a result of Hurricane Rita; Dunlap on their service to the Flint the concurrence of the Senate: and community and on their many achieve- H.R. 5385. An act making appropriations Whereas, the United States Congress is ments over the years. I am pleased to for the military quality of life functions of currently working on development of the the Department of Defense, military con- Katrina Supplemental Appropriations Act to offer my best wishes to them on the 40 which the Senate Appropriations Committee years of faithful service at the Eliezer struction, the Department of Veterans Af- fairs, and related agencies for the fiscal year attached an amendment from the Depart- Church of Our Lord Jesus Chris and for ending September 30, 2007, and for other pur- ment of Commerce, National Oceanic and many more years of good health, happi- poses. Atmospheric Administration for $1.085 bil- ness, and service to the community.∑ lion for ‘‘Operations, Research, and Facili- ties’’ under the Magnuson-Stevens Fishery f f Conservation and Management Act with MUNSTER HIGH SCHOOL RECEIVES ENROLLED BILL SIGNED such funds to remain available until Sep- tember 30, 2008; and WE THE PEOPLE CENTRAL The message also announced that the STATES REGION AWARD Whereas, such appropriation is to be used Speaker has signed the following en- for all aspects of the fishing industry includ- ∑ Mr. LUGAR. Mr. President, I rise rolled bill: ing technical assistance for the states from today to congratulate Munster High H.R. 1499. An act to amend the Internal the National Marine Fisheries Service for School’s We the People class on being Revenue Code of 1986 to allow members of oyster bed and shrimp ground rehabilitation; awarded the Central States Region the Armed Forces serving in a combat zone assistance from the National Oceanic and Award at the We the People: The Cit- to make contributions to their individual re- Atmospheric Administration for rebuilding izen and the Constitution national tirement plans even if the compensation on coastal communities; planning efforts to re- competition held April 29–May 1 in which such contribution is based is excluded duce capacity and effort; seafood promotion for Gulf seafood; job retraining for displaced Washington, DC. I am pleased that the from gross income, and for other purposes. The enrolled bill was subsequently fisheries workers; replacement of fishing members of the Munster High School gear; reestablishment of docks, icehouses, We the People class were among the signed by the President pro tempore fuel centers, processing and marine support 1,200 students from across the country (Mr. STEVENS). facilities, piers, and warehouses; replace- that participated in this important The message further announced that ment of private infrastructure other than event specifically designed to educate pursuant to section 214(a) of the Help vessels; and research and cleanup and repaid young people about the U.S. Constitu- America Vote Act of 2002 (42 U.S.C. activities; and tion and Bill of Rights. 15344), and the order of the House of Whereas, such funding is vital to the recov- ery of the fishing industry in Louisiana and, I join family, friends, and the entire December 18, 2005, the Speaker ap- points the following member on the indeed, to the recovery of coastal Louisiana Munster High School community in generally; Now, therefore, be it recognizing the hard work and dedica- part of the House of Representatives to Resolved, That the Legislature of Louisiana tion of the following members of the the Election Assistance Commission does hereby memorialize the United States Munster High School We the People Board of Advisors to fill the existing Congress to take such actions as are nec- class: Sara Brown, Sara Farooq, Scott vacancy thereon: Mr. Thomas A. essary to adopt the Senate Appropriations Goodwin, Lauren Hudak, Hannah Fuentes of Lake Forest, California. Committee amendment for fishing industry Huebner, Casey Jedrzejczak, Alexis recovery under the Magnuson-Stevens Fish- f ery Conservation and Management Act to Jeter, Joseph Kasenga, Emily Lyness, H.R. 4939 making emergency supplemental Shobha Pai, Samantha Skrobot, and MEASURES REFERRED appropriations for the fiscal year ending Matt Westerlund. I also wish to com- The following bill was read the first September 30, 2006; and be it further mend Michael Gordon, the teacher of Resolved, That a copy of this Resolution be and the second times by unanimous the class, who committed his time and transmitted to the presiding officers of the consent, and referred as indicated: talent to prepare the students for the Senate and the House of Representatives of national competition. H.R. 5385. An act making appropriations the Congress of the United States of America The success of the Indiana We the for the military quality of life functions of and to each member of the Louisiana con- the Department of Defense, military con- gressional delegation. People program is also attributed to struction, the Department of Veterans Af- the hard work of Erin Braun and others fairs, and related agencies for the fiscal year POM–322. A concurrent resolution adopted at the Indiana Bar Association, as well ending September 30, 2007, and for other pur- by the House of Representatives of the Legis- as Stan Harris and Cathy Bomberger. poses; to the Committee on Appropriations. lature of the State of Louisiana relative to

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.010 S22MYPT1 rfake on PROD1PC64 with SENATE S4886 CONGRESSIONAL RECORD — SENATE May 22, 2006 taking such actions as are necessary to expe- important element of our economy. The Resolved, That a copy of this Resolution be dite the Federal Emergency Management United States Attorney General and the Fed- transmitted to the presiding officers of the Agency’s (FEMA) reimbursement process eral Trade Commission should take the lead Senate and the House of Representatives of and to make the reimbursement of accrued in protecting the public from illegal activi- the Congress of the United States of America interest on loans part of its public assistance ties. This vigilance must extend to refining; and to each member of the Louisiana con- grants; to the Committee on Banking, Hous- transportation of fuel by pipelines, marine gressional delegation. ing, and Urban Affairs. vessels, and trucks; storage and marketing, HOUSE CONCURRENT RESOLUTION NO. 13. including at the wholesale level; and com- POM–325. A House Joint Memorial adopted by the Legislature of the State of Idaho rel- Whereas, FEMA awards public assistance modity trading; and ative to demanding that the Federal Lands grants to state and local governments, In- Whereas, American consumers have every Recreation Act be repealed and that no rec- dian tribes, and certain private nonprofit or- right to expect that markets are fair and reational fees authorized under the Federal ganizations; and that their governmental agencies and per- Whereas, public assistance grants provide sonnel are doing all they can to eliminate all Lands Recreation Enhancement Act be im- supplemental federal disaster assistance for illegal activities, including artificial spot posed to use federal public lands in the state; debris removal, emergency protective meas- shortages; Now, therefore, be it to the Committee on Energy and Natural Re- ures, and the repair, replacement, or restora- Resolved by the House of Representatives, sources. tion of publicly owned facilities and facili- That we respectfully request the President of HOUSE JOINT MEMORIAL NO. 14 ties of certain private nonprofit organiza- the United States to direct the United States Whereas, the Federal Lands Recreation En- tions damaged by disasters; and Attorney General and the Chairman of the hancement Act, H.R. 3283, 108th United Whereas, since Hurricanes Katrina and Federal Trade Commission to investigate all States Congress, was introduced in the Rita, more than one billion nine hundred potential price gouging, price fixing, collu- United States House of Representatives and million dollars have been allocated for public sion, and other anticompetitive practices re- would have authorized the United States assistance grants, which equals the amount lated to gasoline prices; and be it further Forest Service, the United States Bureau of allocated to Florida in 2004 following its four Resolved, That a copy of this resolution be Land Management, the United States Fish hurricanes; and transmitted to the Office of the President of and Wildlife Service, the National Park Whereas, due to the extreme time delay in the United States. Service, and the United States Bureau of the receipt of these grants, certain organiza- Reclamation to charge visitor fees for recre- tions have taken out loans in order to stay POM–324, A concurrent resolution adopted ation on publicly owned lands; and in operation; and by the House of Representatives of the Legis- Whereas, H.R. 3283 was not voted on sepa- Whereas, loans have also been used to fund lature of the State of Louisiana relative to rately in the United States House of Rep- the restoration of infrastructure to pre-dis- taking such actions as are necessary to for- resentatives and was not introduced in, did aster conditions; and mulate a sound energy policy that will pro- not have hearings in, and was not approved Whereas, the organizations’ loans have vide for the long-term economic and na- by the United States Senate, but instead was been accruing interest which is not reim- tional security needs of the United States of attached to the omnibus spending bill, H.R. bursable through the public assistance America; to the Committee on Energy and 4818, by the 108th United States Congress, as grants; Now, therefore, be it Natural Resources. an appropriation rider; and Resolved, That the Legislature of Louisiana HOUSE CONCURRENT RESOLUTION NO. 116 Whereas, the 108th United States Congress does hereby memorialize the United States Whereas, a constant, dependable supply of enacted H.R. 4818, and the Federal Lands Congress to take such actions as are nec- affordable energy is absolutely essential to Recreation Enhancement Act is now codified essary to expedite the Federal Emergency the continued success and well-being of our as 16 U.S.C. sections 6801 through 6814; and Management Agency’s (FEMA) reimburse- nation; and Whereas, the Federal Lands Recreation En- ment process and to make the reimburse- Whereas, the provision of adequate energy hancement Act includes criminal penalties ment of accrued interest on loans part of its supplies is dependent on a rational energy and is substantive legislation that fun- public assistance grants; and be it further policy which promotes conservation, pre- damentally changes the way public land in Resolved, That a copy of this Resolution be vents unreasonable taxation that would in- the state is funded and managed; and transmitted to the presiding officers of the Whereas, the concept of paying fees to use hibit the competitiveness of United States Senate and the House of Representatives of public land is contrary to the idea that pub- energy producers against foreign-owned the Congress of the United States of America lic land belongs to the people of the state firms, and allows the full development of do- and to each member of the Louisiana con- and is land where every person is granted ac- mestic energy sources in an ecologically gressional delegation. cess and is welcome, a concept that has been sound manner; and and should remain in place; and Whereas, the windfall profits tax has prov- POM–323. A resolution adopted by the Whereas, recreational fees constitute dou- en itself to be an impediment to domestic House of Representatives of the Legislature ble taxation and bear no relationship to the energy production, a barrier to the competi- of the State of Michigan relative to request- actual costs associate with recreational use tiveness of United States energy companies ing the President of the United States to di- such as hiking, picnicking, observing wild- in the world market, and an unfair penalty rect the United States Attorney General and life, or scenic driving on state roads and pub- on investors; and the Chairman of the Federal Trade Commis- lic rights-of-way; and Whereas, the windfall profits tax is a direct sion to investigate all potential price Whereas, the fees imposed by the Federal cause of unnecessarily high retail energy gouging, price fixing, collusion, and other Lands Recreation Enhancement Act are a re- prices and increased dependence on foreign anticompetitive practices related to gasoline gressive tax that places an undue burden on oil; and the people living in rural areas adjacent to prices; to the Committee on Commerce, Whereas, our national security and eco- Science, and Transportation. or surrounded by large areas of federal land nomic growth is imperiled by our growing and discriminates against lower-income and HOUSE RESOLUTION NO. 182 dependence on foreign energy supplies, which working Idahoans by placing financial obsta- Whereas, rapidly rising gasoline prices are could be reduced by the development of a cles in the way of their enjoyment of public rippling through the American economy and wide array of domestic energy sources; and land; and creating difficult financial situations for in- Whereas, the exploration and development Whereas, the public land access fees in the dividual families and businesses. With crude of all viable energy reserves in the United Federal Lands Recreation Enhancement Act oil prices hitting $75 per barrel—an increase States is critical not only to our national are controversial and are opposed by hun- of more than 40 percent in less than a year— economy but also to the redevelopment of dreds of organizations, several state legisla- the country faces a great challenge. While the Gulf Coast economies decimated by nat- tures and millions of rural Americans; and there are numerous factors behind the esca- ural disaster; and Whereas, the Federal Lands Recreation En- lating prices of oil to record levels, there are Whereas, a report by the Investors Action hancement Act establishes an interagency valid concerns across the country that there Foundation indicates that a windfall profits pass that may be used to cover entrance fees could be instances in which prices are being tax would have a severe, negative economic and recreational amenity fees for federal artificially increased in some situations be- impact on public employee trust funds which public land and water, disregarding the sub- cause of activities that are not related solely could lose as much as two hundred fifty-one stantially different ways in which national to market forces; and million dollars a year in foregone gains; parks and other federal public land are man- Whereas, the path from the oil field to the Now, therefore, be it aged and funded; and consumer is a long one. Refining, distribu- Resolved, That the Legislature of Louisiana Whereas, the limited means of expressing tion, marketing, and storage are all proc- does hereby memorialize the United States opposition to and the lack of public debate in esses that must operate above suspicion in Congress to take, with all due haste, such ac- the implementation of the fee program order to assure the American people that the tions as are necessary to formulate a sound raises the concern that some citizens may be prices they pay are honest. Worries over energy policy that will provide for the long- deterred from visiting and enjoying public price gouging, collusion, or other illegal ac- term economic and national security needs land in the state and throughout the United tivities can seriously undermine the public’s of the United States of America, which ac- States; and trust; and tions should include opposing any effort to Whereas, tourism is an important industry Whereas, it is essential that all efforts be establish a windfall profits tax; and be it fur- to the state, and the imposition of rec- made to ensure integrity in this critically ther reational use fees will have a negative effect

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.049 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4887 on state and local economies; Now, there- sion of environmental rules for gasoline so lize money provided by the Legislature to in- fore, be it that refineries can meet consumer demand crease gasoline pump inspections and deploy Resolved, By the members of the Second more cost effectively, which should in turn new inspectors in a proactive manner. Michi- Regular Session of the Fifty-eighth Idaho dampen prices at the pump; and gan consumers continue to overpay by hun- Legislature, the House of Representatives Whereas, while our nation’s refining capac- dreds of millions of dollars at the pump and the Senate concurring therein, that the ity has been stagnant for 30 years, our total while the administration continues a reac- Legislature of the State of Idaho demands energy demand has increased by 40 percent. tive inspection program rather than a that the Federal Lands Recreation Enhance- This is due in part to the problems of a large proactive inspection program that could pro- ment Act, which was enacted on December 8, bureaucratic permitting process that has tect consumers from paying for more gas 2004, be repealed and that no recreational made it extremely difficult to site and con- than they are receiving; and be it further fees authorized under the Federal Lands struct new refineries; and Resolved, That we memorialize the Gov- Recreation Enhancement Act be imposed to Whereas, new refineries could increase gas- ernor to instruct the Michigan Department use federal public land in the state; and be it oline supplies and lower gasoline prices for of Environmental Quality to examine Michi- further consumers. It may be helpful for Michigan to gan regulations to identify barriers to in- Resolved, That the Chief Clerk of the House identify what state government barriers creasing refinery capacity in Michigan and of Representatives be, and she is hereby au- exist that hamper our ability to site new re- to make recommendations to lower and re- thorized and directed to forward a copy of fineries or to enhance our existing refinery move such barriers; and be it further this Memorial to be sent to the Honorable capacity; and Resolved, That we memorialize the Gov- George W. Bush, President of the United Whereas, legislation to support increased ernor to investigate the barriers to the rede- States; the Honorable Richard B. Cheney, exploration and production of domestic oil velopment of Michigan oil and gas reserves Vice-President of the United States and and gas reserves has been debated by Con- and to make recommendations to lower and President of the U.S. Senate; the Honorable gress. Such development would decrease our remove such barriers; and be it further Gale Norton, United States Secretary of the dependence on foreign sources of oil and Resolved, That copies of this resolution be Interior; the Honorable J. Dennis Hastert, meet the nation’s future energy needs; and transmitted to the President of the United Speaker of the U.S. House of Representa- Whereas, the Strategic Petroleum Reserve States, the President of the United States tives; the Honorable Ted Stevens, President was established to guard against any major Senate, the Speaker of the United States Pro Tempore of the U.S. Senate, the Honor- supply disruption. The President ordered the House of Representatives, the members of able William H. Frist, Majority Leader of the deferment of deposits into the reserve to the Michigan congressional delegation, and U.S. Senate; the Honorable Harry Reid, Mi- leave more oil on the market to meet con- the Office of the Governor. nority Leader of the U.S. Senate; the Honor- sumer demand, which should in turn dampen able John Boehner, Majority Leader of the prices at the pump; and POM–327. A resolution adopted by the Sen- U.S. House of Representatives; the Honor- Whereas, one approach to solving Amer- ate of the State of Michigan relative to me- able Nancy Pelosi, Minority Leader of the ica’s energy problems is to invest in alter- morializing the President of the United U.S. House of Representatives; and the con- native forms of energy. The President signed States and the United States Congress to gressional delegation representing the State the National Energy Policy Act of 2005, take prompt action to provide relief from of Idaho in the Congress of the United which authorizes billions of dollars to pro- high gas prices and to call on the Governor States. mote the production and use of alternative of the State of Michigan to investigate po- transportation fuels and to enhance domes- tential effects of state government policies POM–326. A resolution adopted by the Sen- tic energy production. By supporting the that may add to the price of gasoline in ate of the State of Michigan relative to me- production and use of ethanol, biodiesel, and Michigan; to the Committee on Energy and morializing the President of the United other alternative fuels, our nation will en- Natural Resources. hance its security by becoming less depend- States and the United States Congress to SENATE RESOLUTION NO. 123 take prompt action to provide relief from ent on foreign sources of oil, Now therefore, be it Whereas, the average price for unleaded high gas prices; to the Committee on Energy regular gasoline is 71 cents per gallon higher and Natural Resources. Resolved by the Senate, That we urge the United States Attorney General and the than this time last year; and SENATE RESOLUTION NO. 61 Chairman of the Federal Trade Commission Whereas, this is the highest price gasoline Whereas, the average price for unleaded to immediately investigate all potential has been since immediately after Hurricane regular gasoline is 71 cents per gallon higher price gouging, price fixing, and other anti- Katrina in 2005. The President has instructed than this time last year; and competitive practices related to gasoline the Federal Trade Commission, the Justice Whereas, this is the highest price gasoline prices as directed by the President of the Department and the Energy Department to has been since immediately after Hurricane United States; and be it further investigate whether the price of gasoline has Katrina in 2005. The President has instructed Resolved, That we memorialize the Con- been unfairly manipulated; and the Federal Trade Commission, the Justice gress to act on the President’s call to roll Whereas, the average price for a barrel of Department, and the Energy Department to back government assistance and tax breaks oil recently topped $75.00 for the first time in investigate whether the price of gasoline has for oil companies; and be it further history. The President has called on Con- been unfairly manipulated; and Resolved, That we support the President’s gress to take back some of the billions of Whereas, the average price for a barrel of actions to temporarily suspend environ- dollars in tax incentives given to energy oil recently topped $75.00 for the first time in mental rules for gasoline to more quickly companies that are not needed in the face of history. The President has called on Con- and efficiently make the switch to summer record profits due to high oil prices; and gress to take back some of the billions of gasoline and thereby dampen gasoline prices Whereas, this per-barrel price is approach- dollars in tax incentives given to energy at the pump; and be it further ing the inflation-adjusted highs of the late companies that are not needed in the face of Resolved, That we memorialize the Presi- 1970s and early 1980s; and record profits due to high oil prices; and dent of the United States and the United Whereas, Michigan’s manufacturing, agri- Whereas, this per-barrel price is approach- States Congress to increase efforts to de- cultural, and tourism economies are nega- ing the inflation-adjusted highs of the late crease the nation’s dependence on foreign tively impacted by rising fuel costs; and 1970s and early 1980s; and sources of energy by increasing domestic oil Whereas, the Legislature appropriated Whereas, Michigan’s manufacturing, agri- and gas exploration and production; and be it funds for the Department of Agriculture to cultural, and tourism economies are nega- further add Motor Fuel Quality inspectors and to in- tively impacted by rising fuel costs; and Resolved, That we support the President’s crease the number of gas pump inspections Whereas, the Legislature appropriated actions to defer deposits into the Strategic in the state of Michigan. These inspections funds for the Department of Agriculture to Petroleum Reserve, which could increase help decrease the chance that consumers are add Motor Fuel Quality inspectors and to in- supply and dampen prices at the pump; and being gouged at the pump and should con- crease the number of gas pump inspections be it further tinue so that our citizens get what they pay in the state of Michigan. These inspections Resolved, That we memorialize the Presi- for; and help decrease the chance that consumers are dent of the United States and the United Whereas, there are many factors that have being gouged at the pump and should con- States Congress to increase their support for contributed to the recent rise in gasoline tinue so that our citizens get what they pay the development of alternative forms of en- pump prices. A significant element is the for; and ergy, including ethanol, biodiesel, blended dozens of gasoline formulations that refin- Whereas, there are many factors that have fuels, and other alternative fuels; and be it eries must produce to meet environmental contributed to the recent rise in gasoline further standards nationwide as well as the switch pump prices. A significant element is the Resolved, That we memorialize the Gov- from winter to summer gasoline blends; and dozens of gasoline formulations that refin- ernor to divest state investments in oil com- Whereas, to address these concerns, the eries must produce to meet environmental panies that she feels have made unseemly President has ordered a temporary suspen- standards nationwide, as well as the switch profits; and be it further sion of environmental rules for gasoline so from winter to summer gasoline blends; and Resolved, That we memorialize the Gov- that refineries can meet consumer demand Whereas, to address these concerns, the ernor to investigate why it took more than a more cost effectively, which should in turn President has ordered a temporary suspen- year and a half for her administration to uti- dampen prices at the pump; and

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.052 S22MYPT1 rfake on PROD1PC64 with SENATE S4888 CONGRESSIONAL RECORD — SENATE May 22, 2006 Whereas, while our nation’s refining capac- while the administration continues a reac- POM–329. A concurrent resolution adopted ity has been stagnant for 30 years, our total tive inspection program rather than a by the House of Representatives of the Legis- energy demand has increased by 40 percent. proactive inspection program that could pro- lature of the State of Louisiana relative to This is due in part to the problems of a large tect consumers from paying for more gas taking such actions as are necessary to fa- bureaucratic permitting process that has than they are receiving; and be it further cilitate the construction of a storm surge made it extremely difficult to site and con- Resolved, That we memorialize the Gov- barrier at Port Fourchon; to the Committee struct new refineries; and ernor to instruct the Michigan Department on Environment and Public Works. Whereas, new refineries could increase gas- of Environmental Quality to examine Michi- HOUSE CONCURRENT RESOLUTION NO. 107 oline supplies and lower gasoline prices for gan regulations to identify barriers to in- consumers. It may be helpful for Michigan to creasing refinery capacity in Michigan and Whereas, in August and September of 2005, identify what state government barriers to make recommendations to lower and re- the state’s coast was visited by two dev- exist that hamper our ability to site new re- move such barriers; and be it further astating hurricanes, Katrina and Rita, re- fineries or to enhance our existing refinery Resolved, That we memorialize the Gov- spectively; and capacity; and ernor to investigate the barriers to the rede- Whereas, Hurricanes Katrina and Rita laid Whereas, legislation to support increased velopment of Michigan oil and gas reserves massive destruction all along the southern exploration and production of domestic oil and to make recommendations to lower and coast of this state, from St. Bernard Parish and gas reserves has been debated by Con- remove such barriers; and be it further to Cameron Parish; and gress. Such development would decrease our Resolved, That copies of this resolution be Whereas, the state’s oil and gas infrastruc- dependence on foreign sources of oil and transmitted to the President of the United ture did not escape the wrath of these two meet the nation’s future energy needs; and States, the President of the United States hurricanes, suffering major damages to Whereas, Strategic Petroleum Reserve was Senate, the Speaker of the United States many of the rigs and platforms located in established to guard against any major sup- House of Representatives, the members of the Gulf of Mexico and to inland processing ply disruption. The President ordered the the Michigan congressional delegation, and facilities; and deferment of deposits into the reserve to the Office of the Governor. Whereas, Hurricane Katrina halted oil and leave more oil on the market to meet con- gas production along the coast of Louisiana, sumer demand, which should in turn dampen POM–328. A concurrent resolution adopted the source for twenty-five percent of the prices at the pump; and by the House of Representatives of the Legis- country’s crude oil production; and Whereas, one approach to solving Amer- lature of the State of Louisiana relative to Whereas, such percentage indicates the im- ica’s energy problems is to invest in alter- taking such actions as are necessary to en- portance of the industry not only to the native forms of energy. The President signed sure that any United States Army Corps of state, but to the nation as a whole; and the National Energy Policy Act of 2005, Engineer project restoring barrier islands Whereas, the effects of the destruction and which authorizes billions of dollars to pro- protecting Terrebonne and Timbalier Bays damages felt by the oil and gas industry mote the production and use of alternative redefine and narrow Whiskey Pass, Little were not confined to this state, but were felt transportation fuels and to enhance domes- Pass, Wine Island Pass, and Cat Island Pass across the country; and tic energy production. By supporting the using hardened material; to the Committee Whereas, such widespread effect mandates production and use of ethanol, biodiesel and on Environment and Public Works. that the federal government take a leading other alternative fuels, ‘‘our nation’’ will en- HOUSE CONCURRENT RESOLUTION NO. 108 role in protecting the oil and gas industry hance its security by becoming less depend- Whereas, current techniques of restoring from future destruction; Now, therefore, be ent on foreign sources of oil; Now, therefore, barrier islands use fine materials from water it be it bottoms to rebuild the shoreline of the is- Resolved, That the Legislature of Louisiana Resolved by the Senate, That we urge the lands, but a hardened material would not as does hereby memorialize the United States United States Attorney General and the easily erode back into the sea and both tech- Congress to take such actions, including Chairman of the Federal Trade Commission niques work hand in hand and are applicable; funding, as are necessary to facilitate the to immediately investigate all potential and construction of a storm surge barrier at Port price gouging, price fixing, and other anti- Whereas, Louisiana’s barrier islands are Fourchon; and be it further competitive practices related to gasoline the primary line of defense against waves Resolved, That a copy of this Resolution be prices as directed by the President of the and storm surge from the Gulf of Mexico and transmitted to the presiding officers of the United States; and be it further protect our extensive estuarine system and Resolved, That we memorialize the Con- Senate and the House of Representatives of the mainland marshes; and the Congress of the United States of America gress to act on the President’s call to roll Whereas, barrier islands help keep one of and to each member of the Louisiana con- back government assistance and tax breaks the nation’s most productive fisheries vi- gressional delegation. for oil companies; and be it further brant, provide habitat to wildlife, and fur- POM–330. A concurrent resolution adopted Resolved, That we support the President’s nish storm protection for homes, roads, wa- by the House of Representatives of the Legis- actions to temporarily suspend environ- terways, and oil industry infrastructure; and mental rules for gasoline to more quickly Whereas, these barrier islands provide val- lature of the State of Louisiana relative to and efficiently make the switch to summer uable habitat for migratory birds, nesting urging and requesting the Social Security gasoline and thereby dampen gasoline prices shorebirds and waterfowl, and aquatic nurs- Administration to accept a notarized docu- at the pump; and be it further ery habitats for fish and shellfish; and ment to suffice as independent verification Resolved, That we memorialize the Presi- Whereas, restoration is critical to sus- for evidence of age; to the Committee on Fi- dent of the United States and the United taining the barrier islands and reducing nance. States Congress to increase efforts to de- mainland marsh loss; and HOUSE CONCURRENT RESOLUTION NO. 90 Whereas, the erosion and breaching of bar- crease the nation’s dependence on foreign Whereas, in December 2005, the Social Se- rier islands reduces their effectiveness in sources of energy in by increasing domestic curity Administration changed its proce- preventing storm surges from reaching main- oil and gas exploration and production; and dures for accepting ‘‘evidence of age’’ for land marshes and results in increased wave be it further newborns; and Resolved, That we support the President’s damage to bay marshes; and actions to defer deposits into the Strategic Whereas, Louisiana, which contains forty Whereas, the Social Security Administra- Petroleum Reserve, which could increase percent of the wetlands in the forty-eight tion is required to independently verify all supply and dampen prices at the pump; and contiguous states, is losing between twenty- documents submitted by United States born be it further five and thirty-five square miles of valuable individuals requesting an original social se- Resolved, That we memorialize the Presi- marine habitat a year, mainly due to ero- curity card unless the request for a social se- dent of the United States and the United sion, subsidence, and other forces; Now, curity number is submitted through the enu- Sates Congress to increase their support for therefore, be it meration at birth process; and the development of alternative forms of en- Resolved, That the Legislature of Louisiana Whereas, according to the Social Security ergy, including ethanol, biodiesel, blended does hereby, memorialize the United States Administration, independent verification re- fuels, and other alternative fuels; and be it Congress to take such actions as are nec- quires contacting the hospital where the further essary to ensure that any United States child was born to determine whether a docu- Resolved, That we memorialize the Gov- Army Corps of Engineer project restoring ment submitted by an applicant is authentic; ernor to divest state investments in oil com- barrier islands protecting Terrebonne and and panies that she feels have made unseemly Timbalier Bays redefine and narrow Whiskey Whereas, prior to Hurricane Katrina most profits; and be it further Pass, Little Pass, Wine Island Pass, and Cat newborns in Louisiana were issued social se- Resolved, That we memorialize the Gov- Island Pass using hardened material or curity numbers through Louisiana’s enu- ernor to investigate why it took more than a rocks; and be it further meration at birth process; and year and a half for her administration to uti- Resolved, That a copy of this Resolution be Whereas, birth certificates were filed with lize money provided by the Legislature to in- transmitted to the presiding officers of the the Louisiana Office of Vital Records by crease gasoline pump inspections and deploy Senate and the House of Representatives of Louisiana hospitals shortly after birth; and new inspectors in a proactive manner. Michi- the Congress of the United States of America Whereas, if requested by the parents, the gan consumers continue to overpay by hun- and to each member of the Louisiana con- Louisiana Office of Vital Records would pro- dreds of millions of dollars at the pump gressional delegation. vide the Social Security Administration

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.054 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4889 with the necessary information used to issue Whereas, the unclaimed and unused federal use of state waivers, exemptions, or other social security numbers; and disaster aid funds could be put to immediate mechanisms; and be it further Whereas, since Hurricane Katrina, the use in the hurricane ravaged states to meet Resolved, That certified copies of this Reso- Louisiana Office of Vital Records has experi- the needs of many families and improve lution be transmitted to the President of the enced severe disruption in services including their lives; Therefore, be it United States, the President Pro Tempore of the ability to process birth certificates; and Resolved, That the Legislature of Louisiana the United States Senate, the Speaker of the Whereas, consequently, many infants born memorializes the Congress of the United United States House of Representatives, the prior to, during, and after Hurricane Katrina States to redirect and make available to United States Secretary of Education, and have not been issued social security numbers Louisiana federal Contingency funds that Hawaii’s congressional delegation. through the enumeration at birth process; were set aside through the Temporary As- and sistance For Needy Families (TANF) Emer- POM–333. A resolution adopted by the Sen- Whereas, since it is unknown when the gency Response and Recovery Act of2005 to ate of the Legislature of the State of Hawaii Louisiana Office of Vital Records will return be drawn by states receiving and hosting relative to urging the United States Con- to normal operations and the enumeration at residents of Louisiana, Alabama, and Mis- gress to support changes to the No Child Left birth process is fully restored, parents have sissippi that were displaced by Hurricane Behind Act of 2001; to the Committee on begun applying for social security numbers Katrina and Hurricane Rita which remain Health, Education, Labor, and Pensions. for their newborns at local social security of- unused; and Be it further SENATE RESOLUTION NO. 61 fices throughout the state; and Resolved, That a copy of this Resolution Whereas, prior to the new social security shall be transmitted to the secretary of the Whereas, the National Conference of State regulations, parents could use an original United States Senate and the clerk of the Legislatures created a special task force verification of birth issued by the hospital, United States House of Representatives and (Task Force) that spent ten months con- as evidence of age, to apply for a social secu- to each member of the Louisiana delegation ducting a comprehensive, bipartisan review rity number for their newborns; and to the United States Congress. of the No Child Left Behind Act of 2001; and Whereas, with the new social security re- Whereas, this review identified a number of quirements, the social security office must POM–332. A resolution adopted by the Sen- changes that must be made to the No Child independently verify with hospitals the au- ate of the Legislature of the State of Hawaii Left Behind Act for it to become a positive thenticity of each verification of birth given; relative to providing states with the nec- impetus to school improvement and ensure and essary funding to implement the goals of the that young people will learn at their full po- Whereas, this new requirement mandates No Child Left Behind Act of 2001 and other tential; and that hospital staff spend extreme amounts of education-related programs and to offer Whereas, the Task Force drafted forty- time re-verifying the birth of every infant states waivers or exemptions from related three recommendations outlining these nec- applying for a social security number; and regulations when federal funding for elemen- essary changes to provide useful, workable Whereas, since Hurricane Katrina, Wom- tary and secondary education is decreased; requirements for schools, many of which an’s Hospital alone has delivered more than to the Committee on Health, Education, could be easily incorporated into the No three thousand five hundred infants: There- Labor, and Pensions. Child Left Behind Act; and fore, be it Whereas, the four key Task Force rec- Resolved, That the Legislature of Louisiana SENATE RESOLUTION NO. 60 ommendations include: (1) removing obsta- does hereby urge and request the Social Se- Whereas, the State of Hawaii has long pur- cles that block state education innovations curity Administration to accept a notarized sued the goal of improving the academic per- and undermine programs that were suc- document to suffice as independent formance of all students, especially those of ceeding prior to the passage of the No Child verification for evidence of age; and Be it minority racial and ethnic backgrounds, Left Behind Act; (2) providing the federal fi- further lower economic status, and limited English nancial assistance necessary for states to Resolved, That a suitable copy of this Reso- proficiency, and those with learning disabil- meet No Child Left Behind Act classroom lution be transmitted to the vice president of ities or challenges; and goals; (3) removing the ‘‘one-size-fits-all’’ the medical staff at Woman’s Hospital and Whereas, the State of Hawaii, therefore, student performance measurements in favor each member of the Louisiana congressional applauds the President of the United States of more sophisticated systems that measure delegation. and Congress for setting the same goals in progress on an individualized basis; and (4) the No Child Left Behind Act of 2001, and em- recognizing that individual schools face spe- POM–331 A concurrent resolution adopted phasizing the urgency in closing the achieve- cial challenges, and that significant dif- by the Senate of the Legislature of the State ment gaps for these students; and ferences exist between rural and urban of Louisiana relative to redirecting and Whereas, the No Child Left Behind Act has schools: Now, therefore, be it making available to Louisiana federal con- encouraged some needed changes in public Resolved, By the Senate of the Twenty- tingency funds that were set aside through education and was initially accompanied by third Legislature of the State of Hawaii, the Temporary Assistance For Needy Fami- relatively large increases in federal funding Regular Session of 2006, that the Hawaii lies (TANF) Emergency Response and Recov- for public elementary and secondary edu- State Legislature strongly urges the Con- ery Act of 2005 to be drawn by states receiv- cation; and gress of the United States to support the ing and hosting residents of Louisiana, Ala- Whereas, the increases in federal funding worthwhile recommendations of the Na- bama, and Mississippi that were displaced by since the first year of implementation of the tional Conference of State Legislatures spe- Hurricane Katrina and Hurricane Rita which No Child Left Behind Act have been minimal cial task force on revisions to the No Child remains unused; to the Committee on Fi- and insufficient to meet its requirements; Left Behind Act; and be it further and nance. Resolved, That certified copies of this Reso- SENATE CONCURRENT RESOLUTION NO. 41 Whereas, the federal government has de- creased funding for programs implementing lution be transmitted to the President of the Whereas, the devastating effects of Hurri- United States Senate, the Speaker of the cane Katrina are still impacting the lives of the No Child Left Behind Act in fiscal year 2006 by almost $800,000,000, and for overall United States House of Representatives, and many persons forced to evacuate; and Hawaii’s congressional delegation. Whereas, Congress passed the Temporary public education by $606,000,000, including cuts of more than $165,000,000 from postsec- Assistance for Needy Families (TANF) Emer- POM–334. A resolution adopted by the Sen- ondary education and over $20,000,000 from gency Response and Recovery Act of 2005 to ate of the Legislature of the State of Hawaii programs for students with disabilities: Now, give host states access to two billion dollars relative to increasing funds for federal edu- to help hurricane victims scattered across therefore, be it Resolved, By the Senate of the Twenty- cation initiatives and affording more flexi- the country due to the results of the recent bility to states in relation to the No Child hurricanes; and third Legislature of the State of Hawaii, Regular Session of 2006, that the Hawaii Leg- Left Behind Act; to the Committee on Whereas, this act increased the amount of Health, Education, Labor, and Pensions. the state family assistance grants and pro- islature urges the President of the United vided immediate access to TANF contin- States and United States Congress to make a SENATE RESOLUTION NO. 103 gency funds to ensure families in crisis had serious commitment to improving the qual- Whereas, all children, regardless of race, access to immediate assistance; and ity of the nation’s public schools by substan- income, ethnicity, or disability, deserve a Whereas, this act allows host states pro- tially increasing its funding for implementa- quality public education; and viding services to evacuees to apply for con- tion of the No Child Left Behind Act, the Whereas, the nation’s states are charged tingency funds until August 31, 2006; and Higher Education Act, the Individuals with with the constitutional responsibility of pro- Whereas, more than five months after the Disabilities Education Act, and other edu- viding public schools that help all children contingency funds were set aside for host cation-related programs; and be it further achieve their full potential; and states to access, few states have requested Resolved, That the State of Hawaii requests Whereas, states have a strong history of the additional aid; and that in any year that federal funding for innovation, leading education reforms, and Whereas, billions of unclaimed dollars of public elementary and secondary education responding to the unique needs of their federal disaster aid for Hurricane Katrina is decreased, the President, United States schools and communities; and and Hurricane Rita evacuees go unused even Congress, and the United States Department Whereas, states have long supported the when many of those affected are still in need of Education create flexibility in No Child worthy goals of the federal No Child Left Be- of immediate assistance; and Left Behind Act requirements through the hind Act to improve academic achievement,

VerDate Aug 31 2005 05:14 May 23, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.060 S22MYPT1 rfake on PROD1PC64 with SENATE S4890 CONGRESSIONAL RECORD — SENATE May 22, 2006 provide quality teachers, and increase ac- Whereas, Citizens of the twenty-first cen- the burden of cleaning up meth labs is nar- countability at all levels; and tury face unprecedented challenges, includ- rowly crafted and many states and local Whereas, while a stated goal of NCLB is to ing adapting to widely diverse communities communities are finding it difficult to qual- provide flexibility for states to improve aca- and workplaces, economic competition on a ify; and demic achievement and close achievement global scale, applying rapidly evolving tech- Whereas, Federal legislation, such as the gaps, the Task Force on NCLB found that nologies, managing scarce natural resources, Clean, Learn, Educate, Abolish, Neutralize, little flexibility has been granted to states and revolving political and cultural con- and Undermine Production (CLEAN–UP) of to implement NCLB; and flicts; and Methamphetamines Act, introduced in the Whereas, the best way for the federal gov- Whereas, The No Child Left Behind Act of United States House of Representatives, and ernment to make education a national pri- 2001 requires rigorous assessment of the core the Combat Meth Act of 2005, introduced in ority is to support states in their continuing academic subject of reading, mathematics, the United States Senate, contain funding efforts to raise student achievement by in- and science. Success in dealing with the for meth lab cleanup; Now, therefore, be it vesting in the core building blocks of edu- challenges of the twenty-first century re- Resolved by the House of Representatives, cational improvement, including: quire mastering the core disciplines of the That we memorialize the United States Con- (1) A quality classroom environment that social sciences, including civics, govern- gress to provide funding for meth lab clean provides students with quality teachers, ment, economics, history, and geography, as up and ensure that the criteria to qualify for smaller classes, up-to-date books and mate- well as reading, mathematics, and science; the funds is broad enough that states and rials, and tools for technology; and local communities in the midst of the meth (2) Opportunities for increased parent and Whereas, Assessing or measuring pro- epidemic can access the funds; and be it fur- community involvement that recognize the ficiency in some but not all of the academic ther crucial role that parents and the community subjects necessary for a successful education Resolved, That copies of this resolution be play in student success; results in a lack of equitable measurement transmitted to the President of the United (3) Standard that support, not undermine, data of student achievement. This limits ac- States Senate, the Speaker of the United state and local education reform efforts that countability for the responsible delivery of States House of Representatives, and the set high expectations, demonstrate clear re- the untested academic subjects as well as members of the Michigan congressional dele- sults, and establish comprehensive and rig- leading to less instructional attention, fewer gation. orous curricula; resources, and less emphasis on the social (4) Accurate measures of student achieve- studies curriculum: Now, therefore, be it POM–337. A resolution adopted by the ment that provide schools with a better Resolved by the Senate, That we memori- House of Representatives of the Legislature gauge of student performance by relying on alize the United States Congress to add of the State of Michigan relative to using a broader range of measures, including grad- civics, government, economics, history, and flexibility in the implementation of rules to uation, attendance and dropout rates, class- geography to the testing requirements of the allow use of an enhanced drivers license room grades, and student progress, in addi- No Child Left Behind Act of 2001; and be it under the Western Hemisphere Travel Initia- tion to test scores; and further tive which requires all citizens of any age of (5) Improved measures of accountability Resolved, That copies of this resolution be the United States, Canada, Mexico, and Ber- that focus on results. rather than the proc- transmitted to the President of the United muda to have a passport or other secure doc- ess, provide support and incentives rather States Senate, the Speaker of the United umentation to enter or re-enter the United than mandates and punishments, and direct States House of Representatives, and the States; to the Committee on the Judiciary. sufficient resource to the students and members of the Michigan congressional dele- HOUSE RESOLUTION NO. 188 schools most in need; Now, therefore, be it gation. Whereas, The Michigan-Canada crossing is Resolved, By the Senate of the Twenty- the busiest border crossing in North Amer- third Legislature of the State of Hawaii, POM–336. A resolution adopted by the ica, including commerce, tourism, trade, Regular Session of 2006, that the President of House of Representatives of the Legislature workers, and students, averaging hundreds of the United States and the United States of the State of Michigan relative to pro- millions of dollars in trade value per day in Congress are urged to fulfill their commit- viding flexible funding to help states and Michigan alone and hundreds of billions of ment to improving the quality of the na- local communities clean up and deal with dollars per year across the entire northern tion’s public schools by substantially in- the disastrous effects of clandestine meth- border. There are 10 land ports of entry be- creasing funding for NCLB, the Higher Edu- amphetamine labs; to the Committee on the tween Canada and Michigan, and in 2004 over cation Act, the Individuals with Disabilities Judiciary. 21 million passenger vehicles crossed at just Education Act, and other education-related HOUSE RESOLUTION NO. 209 five of those ports. In 2004, there were 58,000 programs; and be it further daily border crossings to and from Michigan Resolved, That the State of Hawaii respect- Whereas, There is a meth epidemic in the and Canada; and fully requests that the President of the United States, and it is having a devastating Whereas, The Western Hemisphere Travel United States, United States Congress, and effect on our country. Meth abuse is causing Initiative is a proposal developed by the United States Department of Education pro- social, economic, and environmental prob- United States Department of Homeland Se- vide waivers, exemptions, or other flexibility lems. Children residing in homes with meth curity and the United States Department of to help the states with the requirements of labs live in danger and often suffer from ne- State, to require that all citizens of any age NCLB for any year that federal funding for glect and abuse. Meth production costs citi- entering or re-entering the United States public elementary and secondary education zens and governments millions of dollars for from Canada, Mexico, and Bermuda, have in is reduced; and be it further a variety of reasons, including law enforce- their possession a passport or other secure Resolved, That the State of Hawaii encour- ment costs, drug treatment for offenders, documentation as the only acceptable docu- ages other states to pass similar resolutions; cleanup of production sites, and placement mentation required by law as of December and be it further of endangered children; and 31, 2007; and Resolved, That certified copies of this Reso- Whereas, Meth labs leave behind a toxic Whereas, This proposal could have a dev- lution be transmitted to the President of the mess of chemicals and pose a significant dan- astating economic impact on Michigan by United States, President of the United ger to communities. The manufacture of one slowing commerce and tourism. The costly States Senate, Speaker of the United States pound of methamphetamine results in six ($97 for each adult and $82 for each child) and House of Representatives, Secretary of the pounds of waste. These wastes include corro- cumbersome process of obtaining a passport United States Department of Education, and sive liquids, acid vapors, heavy metals, sol- may discourage many families, entre- members of Hawaii’s Congressional delega- vents, and other harmful materials that can preneurs, and tourists from traveling across tion. disfigure skin or cause death. Hazardous ma- terials from meth labs are typically disposed the border. Many residents in border regions of illegally and may cause severe damage to would be discouraged from taking sponta- POM–335. A resolution adopted by the Sen- the environment; and neous trips across the border. It is projected ate of the State of Michigan relative to add- Whereas, Between 1992 and 2004, the num- that the total number of persons crossing ing social studies to the testing require- ber of clandestine meth lab-related cleanups the border would decline, subsequently caus- ments of the No Child Left Behind Act of increased from 394 to over 10,000 nationwide. ing financial difficulties for bridge and tun- 2001; to the Committee on Health, Education, The cost of cleaning up clandestine labs in nel operators along the border who largely Labor, and Pensions. FY 2004 was approximately $17.8 million; and depend on toll revenue to undertake mainte- SENATE RESOLUTION NO. 108 Whereas, States and local governments are nance and improvement projects. It is esti- Whereas, Every generation of Americans bearing the burden of funding the clean up mated that the impact of this policy would has relied on the public schools to prepare efforts. Many local communities are finding be economically devastating to Michigan be- young people to be responsible stewards of and seizing meth labs. But the lab sites re- cause Canada remains Michigan’s primary our national legacy, entrepreneurial eco- main dangerous to the public because nei- export market, with $175 billion worth of nomic competitors, and active participants ther the state or the local community has merchandise goods exchanged during 2004 in civic life. The founders believed that well- adequate funding to clean them up; and alone; and educated citizens were crucial to a free soci- Whereas, Federal funding that is supposed Whereas, This proposal could end an 80- ety; and to help states and local communities bear year period of trust between the United

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States and Canada that allowed for seamless *Robert J. Portman, of Ohio, to be Direc- ERTS, Mr. SANTORUM, and Mr. cross-border trade and travel and the oppor- tor of the Office of Management and Budget. DEWINE): tunity for education and employment ex- *David L. Norquist, of Virginia, to be Chief S. Res. 486. A resolution designating June changes; and Financial Officer, Department of Homeland 2006 as ‘‘National Internet Safety Month’’; Whereas, Protecting our borders is critical Security. considered and agreed to. to ensuring homeland security, and alter- *Robert Irwin Cusick, Jr., of Kentucky, to By Mr. FEINGOLD (for himself and Ms. native means of establishing a traveler’s be Director of the Office of Government Eth- SNOWE): identity and nationality should be thor- ics for a term of five years. S. Res. 487. A resolution expressing the oughly examined by the Departments of *Nomination was reported with rec- sense of the Senate with regard to the impor- Homeland Security and State. One such al- ommendation that it be confirmed sub- tance of Women’s Health Week, which pro- ternative that would be much cheaper and motes awareness of diseases that affect less cumbersome could involve an identifica- ject to the nominee’s commitment to women and which encourages women to take tion code on driver’s licenses issued in respond to requests to appear and tes- preventive measures to ensure good health; Michigan: Now, therefore, be it tify before any duly constituted com- considered and agreed to. Resolved by the House of Representatives, mittee of the Senate. By Mr. ALEXANDER (for himself, Mr. That we memorialize the President and the (Nominations without an asterisk LEAHY, Mr. HATCH, Mr. NELSON of Congress of the United States to use flexi- were reported with the recommenda- Florida, and Mr. FRIST): bility in the implementation of rules to tion that they be confirmed.) S. Res. 488. A resolution expressing the allow use of an enhanced drivers license sense of Congress that institutions of higher under the Western Hemisphere Travel Initia- f education should adopt policies and edu- tive which requires all citizens of any age of INTRODUCTION OF BILLS AND cational programs on their campuses to help the United States, Canada, Mexico, and Ber- JOINT RESOLUTIONS deter and eliminate illicit copyright in- muda to have a passport or other secure doc- fringement occurring on, and encourage edu- umentation to enter or re-enter the United The following bills and joint resolu- cational uses of, their computer systems and States; and be it further tions were introduced, read the first networks; considered and agreed to. Resolved, That copies of this resolution be and second times by unanimous con- f transmitted to the President of the United States, the President of the United States sent, and referred as indicated: ADDITIONAL COSPONSORS Senate, the Speaker of the United States By Mr. BAUCUS (for himself and Mr. S. 25 House of Representatives, and the members GRASSLEY): of the Michigan congressional delegation. S. 2919. A bill to amend title IV of the Em- At the request of Mr. CHAMBLISS, the ployee Retirement Income Security Act of name of the Senator from Georgia (Mr. POM–338. A resolution adopted by the 1974 to establish a Director of the Pension ISAKSON) was added as a cosponsor of S. House of Representatives of the Legislature Benefit Guaranty Corporation and the Inter- 25, a bill to promote freedom, fairness, of the State of Michigan relative to enacting nal Revenue code of 1986 to increase certain and economic opportunity by repealing legislation restricting protests at funerals; penalties, and for other purposes; to the the income tax and other taxes, abol- to the Committee on Veterans’ Affairs. Committee on Finance. ishing the Internal Revenue Service, HOUSE RESOLUTION NO. 226 By Mr. REID (for Mr. BIDEN): S. 2920. A bill to amend the Safe Drinking and enacting a national sales tax to be Whereas, More than 100 military funerals administered primarily by the States. nationwide have been besieged with pro- Water Act to eliminate security risks by re- testers in the past three years. Protesters placing the use of extremely hazardous gas- S. 558 have trespassed on the solitude and dignity eous chemicals with inherently safer tech- At the request of Mr. REID, the name of grieving families, who want nothing more nologies; to the Committee on Environment of the Senator from North Dakota (Mr. and Public Works. than to bury their husbands, wives, sons, and DORGAN) was added as a cosponsor of S. By Mr. REID (for Mr. DAYTON): daughters in peace and solemnity. Espousing 558, a bill to amend title 10, United perverse and hateful language and placards, S. 2921. A bill to amend title 49, United States Code, to enhance competition among States Code, to permit certain addi- these protesters celebrate the slaying of our tional retired members of the Armed nation’s heroes; and and between rail carriers in order to ensure Whereas, No family member, on the efficient rail service and reasonable rail Forces who have a service-connected blackest day of their life, should have to con- rates, and for other purposes; to the Com- disability to receive both disability front such premeditated viciousness, which mittee on Commerce, Science, and Transpor- compensation from the Department of is solely calculated to deepen the anguish of tation. Veterans Affairs for their disability bereavement. Under such circumstances, the By Mr. TALENT: and either retired pay by reason of family’s right to privacy outweighs any sup- S. 2922. A bill to suspend temporarily the duty on certain machines used in the assem- their years of military service or Com- posed free speech concerns; and bat-Related Special compensation and Whereas, The United States Congress is bly of motorcycle wheels; to the Committee considering legislation to restrict protests at on Finance. to eliminate the phase-in period under funerals at national cemeteries for 60 min- By Mr. KYL: current law with respect to such con- utes before or after a funeral. The measure S. 2923. A bill to extend temporarily the current receipt. would also restrict protesters to remain 500 suspension of duty on Vinclozolin; to the S. 559 feet or more from the grave site or from indi- Committee on Finance. By Mr. ALLEN: At the request of Mr. BIDEN, the viduals they are protesting: Now, therefore, names of the Senator from North Da- be it S. 2924. A bill to suspend temporarily the Resolved by the House of Representatives, duty on brominated polystyrene flame re- kota (Mr. DORGAN) and the Senator That we memorialize the United States Con- tardant; to the Committee on Finance. from Washington (Ms. CANTWELL) were gress to enact legislation restricting protests SUBMISSION OF CONCURRENT AND added as cosponsors of S. 559, a bill to at funerals; and be it further SENATE RESOLUTIONS make the protection of vulnerable pop- Resolved, That copies of this resolution be ulations, especially women and chil- transmitted to the President of the United The following concurrent resolutions dren, who are affected by a humani- States Senate, the Speaker of the United and Senate resolutions were read, and tarian emergency a priority of the States House of Representatives, and the referred (or acted upon), as indicated: members of the Michigan congressional dele- United States Government, and for By Mrs. CLINTON (for herself, Ms. gation. other purposes. CANTWELL, Mr. MENENDEZ, Mr. S. 1035 f KERRY, Mr. LAUTENBERG, Mrs. MUR- NHOFE RAY, Mr. KENNEDY, Mr. SCHUMER, At the request of Mr. I , the EXECUTIVE REPORTS OF name of the Senator from Texas (Mr. COMMITTEES Mrs. BOXER, Mr. HARKIN, Mrs. FEIN- STEIN, and Ms. LANDRIEU): CORNYN) was added as a cosponsor of S. The following executive reports of S. Res. 485. A resolution to express the 1035, a bill to authorize the presen- nominations were submitted: sense of the Senate concerning the value of tation of commemorative medals on By Mr. GRASSLEY for the Committee on family planning for American women; to the behalf of Congress to Native Americans Finance. Committee on Health, Education, Labor, and who served as Code Talkers during for- *Susan C. Schwab, of Maryland, to be Pensions. eign conflicts in which the United United States Trade Representative, with By Ms. MURKOWSKI (for herself, Mr. States was involved during the 20th the rank of Ambassador. ALLEN, Mr. CRAIG, Mr. STEVENS, Mr. By Ms. COLLINS for the Committee on VITTER, Ms. LANDRIEU, Mrs. DOLE, century in recognition of the service of Homeland Security and Governmental Af- Mr. CRAPO, Mr. BURNS, Mrs. LINCOLN, those Native Americans to the United fairs. Mr. WARNER, Mr. JOHNSON, Mr. ROB- States.

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.067 S22MYPT1 rfake on PROD1PC64 with SENATE S4892 CONGRESSIONAL RECORD — SENATE May 22, 2006 S. 1099 S. 2278 (Mr. FEINGOLD) was added as a cospon- At the request of Mr. SHELBY, the At the request of Ms. MURKOWSKI, the sor of S. 2642, a bill to amend the Com- name of the Senator from Georgia (Mr. name of the Senator from Montana modity Exchange Act to add a provi- ISAKSON) was added as a cosponsor of S. (Mr. BURNS) was added as a cosponsor sion relating to reporting and record- 1099, a bill to repeal the current Inter- of S. 2278, a bill to amend the Public keeping for positions involving energy nal Revenue Code and replace it with a Health Service Act to improve the pre- commodities. flat tax, thereby guaranteeing eco- vention, diagnosis, and treatment of S. 2658 nomic growth and greater fairness for heart disease, stroke, and other cardio- At the request of Mr. LEAHY, the all Americans. vascular diseases in women. name of the Senator from New Jersey S. 1162 S. 2292 (Mr. LAUTENBERG) was added as a co- At the request of Ms. CANTWELL, the At the request of Mr. SPECTER, the sponsor of S. 2658, a bill to amend title name of the Senator from Iowa (Mr. name of the Senator from Louisiana 10, United States Code, to enhance the HARKIN) was added as a cosponsor of S. (Ms. LANDRIEU) was added as a cospon- national defense through empowerment 1162, a bill to amend title 10 and 38, sor of S. 2292, a bill to provide relief for of the Chief of the National Guard Bu- United States Code, to repeal the 10- the Federal judiciary from excessive reau and the enhancement of the func- rent charges. year limits on use of Montgomery GI tions of the National Guard Bureau, Bill educational assistance benefits, S. 2321 and for other purposes. and for other purposes. At the request of Mr. SANTORUM, the S. 2694 S. 1171 name of the Senator from Virginia (Mr. At the request of Mr. CRAIG, the At the request of Mr. SPECTER, the ALLEN) was added as a cosponsor of S. name of the Senator from North Da- 2321, a bill to require the Secretary of name of the Senator from Alaska (Ms. MURKOWSKI) was added as a cosponsor kota (Mr. CONRAD) was added as a co- the Treasury to mint coins in com- sponsor of S. 1171, a bill to halt Saudi memoration of Louis Braille. of S. 2694, a bill to amend title 38, United States Code, to remove certain support for institutions that fund, S. 2385 train, incite, encourage, or in any At the request of Mr. REID, the name limitation on attorney representation other way aid and abet terrorism, and of the Senator from North Dakota (Mr. of claimants for veterans benefits in to secure full Saudi cooperation in the DORGAN) was added as a cosponsor of S. administrative proceedings before the investigation of terrorist incidents, 2385, a bill to amend title 10, United Department of Veterans Affairs, and and for other purposes. States Code, to expand eligibility for for other purposes. S. 1353 Combat-Related Special Compensation S. 2703 At the request of Mr. MARTINEZ, his paid by the uniformed services in order At the request of Mr. SPECTER, the name was added as a cosponsor of S. to permit certain additional retired names of the Senator from North Da- 1353, a bill to amend the Public Health members who have a service-connected kota (Mr. DORGAN) and the Senator Service Act to provide for the estab- disability to receive both disability from California (Mrs. BOXER) were lishment of an Amyotrophic Lateral compensation from the Department of added as cosponsors of S. 2703, a bill to Sclerosis Registry. Veterans Affairs for that disability and amend the Voting Rights Act of 1965. At the request of Mr. REID, the Combat-Related Special Compensation S. 2796 names of the Senator from Virginia by reason of that disability. At the request of Mr. GRAHAM, the (Mr. ALLEN) and the Senator from S. 2452 name of the Senator from Nebraska North Carolina (Mr. BURR) were added At the request of Mr. BAYH, the name (Mr. HAGEL) was added as a cosponsor as cosponsors of S. 1353, supra. of the Senator from Florida (Mr. NEL- of S. 2796, a bill to authorize the Sec- S. 1376 SON) was added as a cosponsor of S. retary of Energy to establish monetary At the request of Mr. COCHRAN, the 2452, a bill to prohibit picketing at the prizes for achievements in overcoming names of the Senator from Maine (Ms. funerals of members and former mem- scientific and technical barriers associ- COLLINS) and the Senator from North bers of the armed forces. ated with hydrogen energy. Dakota (Mr. CONRAD) were added as co- S 2459 . S. 2802 sponsors of S. 1376, a bill to improve At the request of Ms. COLLINS, the At the request of Mr. ENSIGN, the and expand geographic literacy among names of the Senator from Washington names of the Senator from Hawaii (Mr. kindergarten through grade 12 students (Ms. CANTWELL) and the Senator from INOUYE), the Senator from Oregon (Mr. in the United States by improving pro- Illinois (Mr. DURBIN) were added as co- SMITH), the Senator from Virginia (Mr. fessional development programs for sponsors of S. 2459, a bill to improve ALLEN), the Senator from Montana kindergarten through grade 12 teachers cargo security, and for other purposes. (Mr. BURNS), the Senator from Massa- offered through institutions of higher S. 2494 chusetts (Mr. KERRY), the Senator from education. At the request of Mr. BURNS, the Connecticut (Mr. LIEBERMAN), the Sen- S. 1862 name of the Senator from Virginia (Mr. ator from Florida (Mr. NELSON) and the At the request of Mr. SMITH, the ALLEN) was added as a cosponsor of S. Senator from Arkansas (Mr. PRYOR) name of the Senator from Ohio (Mr. 2494, a bill to amend the Internal Rev- were added as cosponsors of S. 2802, a DEWINE) was added as a cosponsor of S. enue Code of 1986 to allow a deduction bill to improve American innovation 1862, a bill to establish a joint energy for the payment of premiums for high and competitiveness in the global econ- cooperation program within the De- deductible health plans, to allow a omy. partment of Energy to fund eligible credit for certain employment taxes ventures between United States and paid with respect to premiums for high S. 2803 Israeli businesses and academic per- deductible health plans and contribu- At the request of Mr. ENZI, the names sons in the national interest, and for tions to health savings accounts, and of the Senator from Kentucky (Mr. other purposes. for other purposes. MCCONNELL) and the Senator from Ken- S. 1934 S. 2506 tucky (Mr. BUNNING) were added as co- At the request of Mr. SPECTER, the At the request of Mr. OBAMA, the sponsors of S. 2803, a bill to amend the names of the Senator from Maine (Ms. name of the Senator from Minnesota Federal Mine Safety and Health Act of COLLINS) and the Senator from Cali- (Mr. DAYTON) was added as a cosponsor 1977 to improve the safety of mines and fornia (Mrs. BOXER) were added as co- of S. 2506, a bill to require Federal mining. sponsors of S. 1934, a bill to reauthorize agencies to support health impact as- S. 2810 the grant program of the Department sessments and take other actions to At the request of Mr. GRASSLEY, the of Justice for reentry of offenders into improve health and the environmental names of the Senator from Louisiana the community, to establish a task quality of communities, and for other (Ms. LANDRIEU) and the Senator from force on Federal programs and activi- purposes. California (Mrs. BOXER) were added as ties relating to the reentry of offenders S. 2642 cosponsors of S. 2810, a bill to amend into the community, and for other pur- At the request of Mrs. FEINSTEIN, the title XVIII of the Social Security Act poses. name of the Senator from Wisconsin to eliminate months in 2006 from the

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.018 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4893 calculation of any late enrollment pen- express the sense of the Senate sup- ple provision that I am introducing alty under the Medicare part D pre- porting the establishment of Sep- today can be added to that legislation. scription drug program and to provide tember as Campus Fire Safety Month, It is the perfect time to make the po- for additional funding for State health and for other purposes. sition subject to Senate approval. The insurance counseling program and area S. RES. 462 current executive director is leaving agencies on aging, and for other pur- At the request of Mr. GRASSLEY, the the PBGC at the end of May. And his poses. names of the Senator from Pennsyl- replacement should be subject to Sen- S. 2811 vania (Mr. SPECTER) and the Senator ate confirmation. At the request of Ms. STABENOW, the from Alaska (Ms. MURKOWSKI) were The PBGC is a government corpora- name of the Senator from Michigan added as cosponsors of S. Res. 462, a tion that was created when ERISA was (Mr. LEVIN) was added as a cosponsor of resolution designating June 8, 2006, as enacted in 1974. It is established within S. 2811, a bill to amend title XVIII of the day of a National Vigil for Lost the Department of Labor. Labor con- the Social Security Act to extend the Promise. trols PBGC for many administrative matters. But PBGC has its own budget, annual, coordinated election period S. RES. 469 under the Medicare part D prescription which goes through the PBGC Board, At the request of Mr. MCCAIN, the and PBGC’s attorneys litigate their drug program through all of 2006 and to names of the Senator from New Hamp- provide for a refund of excess pre- own cases. PBGC is controlled by a 3- shire (Mr. SUNUNU) and the Senator person Board made up of the Secretary miums paid during 2006, and for other from Colorado (Mr. ALLARD) were purposes. of Labor, as the Chairman of the added as cosponsors of S. Res. 469, a PBGC, and the Secretaries of the S. 2831 resolution condemning the April 25, Treasury and Commerce. At the request of Mr. LUGAR, the 2006, beating and intimidation of Cuban PBGC is run on a day-to-day basis by name of the Senator from Vermont dissident Martha Beatriz Roque. an executive director. This position is (Mr. JEFFORDS) was added as a cospon- AMENDMENT NO. 4076 not mentioned in ERISA but is a cre- sor of S. 2831, a bill to guarantee the At the request of Mr. ENSIGN, the ation of the PBGC by-laws adopted by free flow of information to the public name of the Senator from Minnesota the board. The Secretary of Labor ap- through a free and active press while (Mr. COLEMAN) was added as a cospon- points the executive director, who is a protecting the right of the public to ef- sor of amendment No. 4076 proposed to political appointee. Executive directors fective law enforcement and the fair S. 2611, a bill to provide for comprehen- have stayed on average a couple of administration of justice. sive immigration reform and for other years. S. 2855 purposes. The PBGC insures the pensions of 40 At the request of Mr. BIDEN, the f million workers and retirees in about name of the Senator from California STATEMENTS ON INTRODUCED 30,000 plans. These plans have trillions (Mrs. BOXER) was added as a cosponsor BILLS AND JOINT RESOLUTIONS of dollars in assets. PBGC itself has of S. 2855, a bill to amend the Safe more than $40 billion in assets, more Drinking Water Act to eliminate secu- Mr. BAUCUS (for himself and Mr. than $63 billion in liabilities, and a $23 rity risks by replacing the use of ex- GRASSLEY): billion deficit. Even with the rush to tremely hazardous gaseous chemicals S. 2919. A bill to amend title IV of the terminate or freeze current plans, most with inherently safer technologies. Employee Retirement Income Security of the Nation’s biggest companies still S.J. RES. 12 Act of 1974 to establish a Director of maintain defined benefit plans. What At the request of Mr. HATCH, the the Pension Benefit Guaranty Corpora- happens with defined benefit plans has name of the Senator from West Vir- tion and the Internal Revenue code of a big effect on America’s competitive- ginia (Mr. ROCKEFELLER) was added as 1986 to increase certain penalties, and ness and affects the retirement secu- a cosponsor of S.J. Res. 12, a joint reso- for other purposes; to the Committee rity of America’s workers and retirees. lution proposing an amendment to the on Finance. Making the executive director’s posi- Constitution of the United States au- Mr. BAUCUS. Mr. President, I am tion an advice and consent position thorizing Congress to prohibit the pleased to join my distinguished col- would give the Senate say in what type physical desecration of the flag of the league from Iowa, Senator GRASSLEY, of person serves in this position so that United States. to introduce a bill making the position PBGC does not become another FEMA. of executive director of the Pension S.J. RES. 35 It would show the importance that Benefit Guaranty Corporation, or the Congress attaches to the role of the At the request of Mr. BYRD, the PBGC, subject to the advice and con- names of the Senator from West Vir- PBGC for workers, retirees and em- sent of the Senate. ployers. It would raise the attraction ginia (Mr. ROCKEFELLER) and the Sen- Quite frankly, I was surprised to find of the PBGC director position. ator from Mississippi (Mr. LOTT) were out that this important position is not added as cosponsors of S.J. Res. 35, a I ask my colleagues to support mak- subject to Senate approval. The Sec- ing the PBGC executive director posi- joint resolution proposing an amend- retary of Labor, the Chairman of the ment to the Constitution of the United tion subject to Senate approval. PBGC, simply appoints the executive I ask unanimous consent that the States to clarify that the Constitution director. This is too important a posi- text of the bill be printed in the neither prohibits voluntary prayer nor tion not to be subject to Senate over- RECORD. requires prayer in schools. sight. There being no objection, the text of S. CON. RES. 71 Jurisdiction over the PBGC rests the bill was ordered to be printed in At the request of Mr. AKAKA, the with both the Committee on Finance the RECORD, as follows: name of the Senator from Louisiana and the Committee on Health, Edu- S. 2919 (Ms. LANDRIEU) was added as a cospon- cation, Labor, and Pensions, the HELP sor of S. Con. Res. 71, a concurrent res- Be it enacted by the Senate and House of Rep- Committee. To recognize this, our bill resentatives of the United States of America in olution expressing the sense of Con- would require both committees to ap- Congress assembled, gress that States should require can- prove the director. SECTION 1. SHORT TITLE. didates for driver’s licenses to dem- The Finance Committee, the HELP This Act may be cited as the ‘‘PBGC Con- onstrate an ability to exercise greatly Committee, and indeed the entire Sen- firmation Act of 2006’’. increased caution when driving in the ate have spent considerable time over SEC. 2. DIRECTOR OF THE PENSION BENEFIT proximity of a potentially visually im- the last few years fighting to protect GUARANTY CORPORATION. paired individual. the pensions of millions of workers. (a) IN GENERAL.—Title IV of the Employee Retirement Income Security Act of 1974 (29 S. RES. 224 And the deficit of the PBGC—now over U.S.C. 1301 et seq.) is amended— At the request of Mr. DEWINE, the $23 billion—has been growing. (1) by striking the second sentence of sec- name of the Senator from Connecticut We now have a bill in conference that tion 4002(a) and inserting the following: ‘‘In (Mr. LIEBERMAN) was added as a co- I hope will be brought back before the carrying out its functions under this title, sponsor of S. Res. 224, a resolution to Senate soon. And I hope that the sim- the corporation shall be administered by a

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.020 S22MYPT1 rfake on PROD1PC64 with SENATE S4894 CONGRESSIONAL RECORD — SENATE May 22, 2006 Director, who shall be appointed by and with pletely eliminate a known security eral funds responsibly while reducing the advice and consent of the Senate and risk to millions of Americans across risk to our citizens. who shall act in accordance with the policies the United States by facilitating the Once the transition is complete, the established by the board.’’; and transfer to safer technologies from (2) in section 4003(b), by— facility will be required to track all (A) striking ‘‘under this title, any mem- deadly toxic chemicals at our Nation’s cost-savings related to the switch, such ber’’ and inserting ‘‘under this title, the Di- water treatment facilities. as decreased security costs, costs sav- rector, any member’’; and Across our Nation, there are thou- ings by eliminating administrative re- (B) striking ‘‘designated by the chairman’’ sands of water treatment facilities that quirements under the EPA risk man- and inserting ‘‘designated by the Director or utilize gaseous toxic chemicals to treat agement plan, lower insurance pre- chairman’’. drinking and wastewater. Approxi- miums, and others. If savings are ulti- (b) COMPENSATION OF DIRECTOR.—Section mately 2,850 facilities are currently 5315 of title 5, United States Code, is amend- mately realized by the facility, it will regulated under the Clean Air Act be- be required to return one half of these ed by adding at the end the following new cause they store large, quantities of item: saving, not to exceed the grant these dangerous chemicals. In fact, 98 amount, back to the EPA. In turn, the ‘‘Director, Pension Benefit Guaranty Cor- of these facilities threaten over 100,000 poration.’’. EPA will utilize any returned savings citizens. For example, the Fiveash (c) JURISDICTION OF NOMINATION.— to help facilitate the transition of (1) IN GENERAL.—The Committee on Fi- Water Treatment Plant in Fort Lau- more water facilities. derdale, FL threatens 1,526,000 citizens. nance of the Senate and the Committee on A 2005 report by the Government Ac- Health, Education, Labor, and Pensions of The Bachman Water Treatment in Dal- countability Office found that pro- the Senate shall have joint jurisdiction over las, TX threatens up to 2,000,000 citi- the nomination of a person nominated by the zens. And there are similar examples in viding grants to assist water facilities President to fill the position of Director of communities throughout the Nation. If to transition to safer technologies was the Pension Benefit Guaranty Corporation these facilities—and the 95 other facili- an appropriate use of federal funds. The under section 4002 of the Employee Retire- ties that threaten over 100,000 citi- costs for an individual facility to tran- ment Income Security Act of 1974 (29 U.S.C. sition will vary, but the cost is very 1302) (as amended by this Act), and if one zens—switched from the use of toxic chemicals to safer technologies that cheap when you consider the security committee votes to order reported such a benefit. For example, the Wilmington nomination, the other shall report within 30 are widely used within the industry we facility invested approximately $160,000 calendar days, or be automatically dis- could completely eliminate a known charged. threat to nearly 50 million Americans. to transition and eliminated the risk (2) RULEMAKING OF THE SENATE.—This sub- Many facilities have already made to nearly 600,000 people. Similarly, the section is enacted by Congress— the prudent decision to switch without Blue Plains facility spent $500,000 to (A) as an exercise of rulemaking power of intervention by government. The Mid- transition after 9/11 and eliminated the the Senate, and as such it is deemed a part risk to 1.2 million citizens imme- of the rules of the Senate, but applicable dlesex County Utilities Authority in Sayreville, NJ, switched to safer tech- diately. This, in my view, is a sound only with respect to the procedure to be fol- use of funds. And, this legislation will lowed in the Senate in the case of a nomina- nologies and eliminated the risk to 10.7 tion described in such sentence, and it super- million people. The Nottingham Water provide sufficient funding to transition sedes other rules only to the extent that it is Treatment Plant in Cleveland, OH all of our high-priority facilities inconsistent with such rules; and switched and eliminated the risk to 1.1 throughout the Nation. (B) with full recognition of the constitu- million citizens. The Blue Plains Finally, I would like to point out tional right of the Senate to change the Wastewater Treatment Plant switched that facilities making the decision to rules (so far as relating the procedure of the and eliminated the risk to 1.7 million transition after 9/11, but before the en- Senate) at any time, in the same manner and actment date of this legislation will be to the same extent as in the case of any people. In my hometown of Wil- other rule of the Senate. mington, DE, the Wilmington Water eligible to participate in the program (d) TRANSITION.—The term of the indi- Pollution Control Facility switched authorized by this legislation. I’ve in- vidual serving as Executive Director of the from using chlorine gas to liquid cluded this provision because I believe Pension Benefit Guaranty Corporation on bleach. This commendable decision has that the federal government should ac- the date of enactment of this Act shall ex- eliminated the risk to 560,000 citizens, knowledge—and promote—local deci- pire on such date of enactment. Such indi- including the entire city of Wil- sions that enhance our homeland secu- vidual, or any other individual, may serve as rity. In addition we don’t want to cre- interim Director of such Corporation until mington. In fact, this facility no longer an individual is appointed as Director of has to submit risk management plans ate a situation where water facilities such Corporation under section 4002 of the to the Environmental Protection Agen- wait for Federal funding before doing Employee Retirement Income Security Act cies required by the Clean Air Act be- the right thing and eliminating those of 1974 (29 U.S.C. 1302) (as amended by this cause the threat has been completely dangerous gaseous chemicals. Act). eliminated. There are many other ex- Last December the 9/11 Discourse SEC. 3. PENALTY FOR FAILURE TO FILE AN ACTU- amples of facilities that have done the Project released its report card for the ARIAL REPORT. administration and Congress on efforts Section 6692 of the Internal Revenue Code right thing and eliminated the use of of 1986 is amended by adding at the end the these dangerous, gaseous chemicals. to implement the 9/11 Commission rec- following: ‘‘Beginning with plan years begin- The bottom line is that if we can ommendations. It was replete with D’s ning in 2005, in the case of a plan to which eliminate a known-risk, we should. The and F’s demonstrating that we have section 412(l) applied for a plan year, there legislation I am introducing today will been going in the wrong direction with shall be assessed, in lieu of the penalty in do just that. It will require the Admin- respect to homeland security. One of the preceding sentence, a tax equal to 0.1 istrator of the Environmental Protec- the most troubling findings made by percent of the plan’s unfunded current liabil- tion Agency, in consultation with the the 9/11 Commission is that with re- ity under section 412(l)(8)(A) for the plan Secretary of Homeland Security, to do spect to our Nation’s critical infra- year to which the report relates, but in no case less than $1,000 or more than $5,000.’’. a few simple things. First, water facili- structure that ‘‘no risk and vulner- ties will be prioritized based upon the ability assessments actually made; no By Mr. REID (for Mr. BIDEN): risk that they pose to citizens and crit- national priorities established; no rec- S. 2920. A bill to amend the Safe ical infrastructure. These facilities— ommendations made on allocations of Drinking Water Act to eliminate secu- beginning with the most dangerous scarce resources. All key decisions are rity risks by replacing the use of ex- ones—will be required to submit a re- at least a year away. It is time that we tremely hazardous gaseous chemicals port on the feasibility of utilizing safer stop talking about priorities and actu- with inherently safer technologies; to technologies and the anticipated costs ally get some.’’ While much remains to the Committee on Environment and to transition. If grant funding is avail- be done, the Community Water Treat- Public Works. able, the Administrator will issue a ment Hazards Reduction Act of 2006 Mr. BIDEN. Mr. President. I rise grant and order the facility to transi- sets an important priority for our today to introduce the Community tion to the safer technology chosen by homeland security and it affirmatively Water Treatment Hazards Reduction the owner of the facility. I believe that addresses it. I urge my colleagues to Act of 2006. This legislation would com- this approach will allow us to use fed- support this important legislation.

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.023 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4895 I ask unanimous consent that the ‘‘(6) VULNERABILITY ZONE.—The term ‘vul- covers 10,000 or fewer individuals may be des- text of the bill be printed in the nerability zone’ means, with respect to a ignated as a high consequence facility, on RECORD. substance of concern, the geographic area the request of the owner or operator of a There being no objection, the text of that would be affected by a worst-case re- water facility, and classified into a tier de- lease of the substance of concern, as deter- scribed in clause (i), at the discretion of the the bill was ordered to be printed in mined by the Administrator on the basis of— Administrator. the RECORD, as follows: ‘‘(A) an assessment that includes the infor- ‘‘(iv) RECLASSIFICATION.—The Adminis- S. 2920 mation described in section 112(r)(7)(B)(ii)(I) trator— Be it enacted by the Senate and House of Rep- of the Clean Air Act (42 U.S.C. ‘‘(I) may reclassify a high-consequence resentatives of the United States of America in 7412(r)(7)(B)(ii)(I)); or water facility into a tier with higher pri- Congress assembled, ‘‘(B) such other assessment or criteria as ority, as described in clause (i), based on an SECTION 1. SHORT TITLE. the Administrator determines to be appro- increase of population covered by the vulner- This Act may be cited as the ‘‘Community priate. ability zone or any other appropriate factor, Water Treatment Hazards Reduction Act of ‘‘(7) WATER FACILITY.—The term ‘water fa- as determined by the Administrator; but 2006’’. cility’ means a treatment works or public ‘‘(II) may not reclassify a high-con- water system owned or operated by any per- sequence water facility into a tier with a SEC. 2. USE OF INHERENTLY SAFER TECH- NOLOGIES AT WATER FACILITIES. son. lower priority, as described in clause (i), for ‘‘(b) REGULATIONS.— Part F of the Safe Drinking Water Act (42 any reason. ‘‘(1) IN GENERAL.—Not later than 90 days ‘‘(3) OPTIONS FEASIBILITY ASSESSMENT ON U.S.C. 300j–21 et seq.) is amended by adding after the date of enactment of this section, USE OF INHERENTLY SAFER TECHNOLOGY.— at the end the following: the Administrator, in consultation with the ‘‘(A) IN GENERAL.—Not later than 90 days ‘‘SEC. 1466. USE OF INHERENTLY SAFER TECH- Secretary and other Federal, State, and local after the date on which the owner or oper- NOLOGIES AT WATER FACILITIES. governmental entities, security experts, ator of a high-consequence water facility re- ‘‘(a) DEFINITIONS.—In this section: owners and operators of water facilities, and ceives notice under paragraph (1)(B), the ‘‘(1) HARMFUL INTENTIONAL ACT.—The term other interested persons shall— owner or operator shall submit to the Ad- ‘harmful intentional act’ means a terrorist ‘‘(A) compile a list of all high-consequence ministrator an options feasibility assess- attack or other intentional act carried out water facilities, as determined in accordance ment that describes— upon a water facility that is intended— with paragraph (2); and ‘‘(i) an estimate of the costs that would be ‘‘(A) to substantially disrupt the ability of ‘‘(B) notify each owner and operator of a directly incurred by the high-consequence the water facility to provide safe and reli- water facility that is included on the list. water facility in transitioning from the use able— ‘‘(2) IDENTIFICATION OF HIGH-CONSEQUENCE of the current technology used for 1 or more ‘‘(i) conveyance and treatment of waste- WATER FACILITIES.— substances of concern to inherently safer water or drinking water; ‘‘(A) IN GENERAL.—Subject to subparagraph technologies; and ‘‘(ii) disposal of effluent; or (B), in determining whether a water facility ‘‘(ii) comparisons of the costs and benefits ‘‘(iii) storage of a potentially hazardous is a high-consequence water facility, the Ad- to transitioning between different inherently chemical used to treat wastewater or drink- ministrator shall consider— safer technologies, including the use of— ing water; ‘‘(i) the number of people located in the ‘‘(I) sodium hypochlorite; ‘‘(B) to damage critical infrastructure; vulnerability zone of each substance of con- ‘‘(II) ultraviolet light; ‘‘(C) to have an adverse effect on the envi- cern that could be released at the water fa- ‘‘(III) other inherently safer technologies ronment; or cility; that are in use within the applicable indus- ‘‘(D) to otherwise pose a significant threat ‘‘(ii) the critical infrastructure (such as try; or to public health or safety. health care, governmental, or industrial fa- ‘‘(IV) any combination of the technologies ‘‘(2) INHERENTLY SAFER TECHNOLOGY.—The cilities or centers) served by the water facil- described in subclauses (I) through (III). term ‘inherently safer technology’ means a ity; ‘‘(B) CONSIDERATIONS IN DETERMINING ESTI- technology, product, raw material, or prac- ‘‘(iii) any use by the water facility of large MATED COSTS.—In estimating the transition tice the use of which, as compared to the quantities of 1 or more substances of con- costs described in subparagraph (A)(i), an current use of technologies, products, raw cern; and owner or operator of a high-consequence materials, or practices, significantly reduces ‘‘(iv) the quantity and volume of annual water facility shall consider— or eliminates— shipments of substances of concern to or ‘‘(i) the costs of capital upgrades to transi- ‘‘(A) the possibility of release of a sub- from the water facility. tion to the use of inherently safer tech- stance of concern; and ‘‘(B) TIERS OF FACILITIES.— nologies; ‘‘(B) the hazards to public health and safe- ‘‘(i) IN GENERAL.—Except as provided in ‘‘(ii) anticipated increases in operating ty and the environment associated with the clauses (ii) through (iv), the Administrator costs of the high-consequence water facility; release or potential release of a substance of shall classify high-consequence water facili- ‘‘(iii) offsets that may be available to re- concern. ties designated under this paragraph into 3 duce or eliminate the transition costs, such ‘‘(3) SECRETARY.—The term ‘Secretary’ tiers, and give priority to orders issued for, as the savings that may be achieved by— means the Secretary of Homeland Security actions taken by, and other matters relating ‘‘(I) eliminating security needs (such as (or a designee). to the security of, high-consequence water personnel and fencing); ‘‘(4) SUBSTANCE OF CONCERN.— facilities based on the tier classification of ‘‘(II) complying with safety regulations; ‘‘(A) IN GENERAL.—The term ‘substance of the high-consequence water facilities, as fol- ‘‘(III) complying with environmental regu- concern’ means any chemical, toxin, or other lows: lations and permits; substance that, if transported or stored in a ‘‘(I) TIER 1 FACILITIES.—A Tier 1 high-con- ‘‘(IV) complying with fire code require- sufficient quantity, would have a high likeli- sequence water facility shall have a vulner- ments; hood of causing casualties and economic ability zone that covers more than 100,000 in- ‘‘(V) providing personal protective equip- damage if released or otherwise successfully dividuals and shall be given the highest pri- ment; targeted by a harmful intentional act, as de- ority by the Administrator. ‘‘(VI) installing safety devices (such as termined by the Administrator, in consulta- ‘‘(II) TIER 2 FACILITIES.—A Tier 2 high-con- alarms and scrubbers); tion with the Secretary. sequence water facility shall have a vulner- ‘‘(VII) purchasing and maintaining insur- ‘‘(B) INCLUSIONS.—The term ‘substance of ability zone that covers more than 25,000, but ance coverage; concern’ includes— not more than 100,000, individuals and shall ‘‘(VIII) conducting appropriate emergency ‘‘(i) any substance included in Table 1 or 2 be given the second-highest priority by the response and contingency planning; contained in section 68.130 of title 40, Code of Administrator. ‘‘(IX) conducting employee background Federal Regulations (or a successor regula- ‘‘(III) TIER 3 FACILITIES.—A Tier 3 high-con- checks; and tion), published in accordance with section sequence water facility shall have a vulner- ‘‘(X) potential liability for personal injury 112(r)(3) of the Clean Air Act (42 U.S.C. ability zone that covers more than 10,000, but and damage to property; and 7412(r)(3)); and not more than 25,000, individuals and shall be ‘‘(iv) the efficacy of each technology in ‘‘(ii) any other highly hazardous gaseous given the third-highest priority by the Ad- treating or neutralizing biological or chem- toxic material or substance that, if trans- ministrator. ical agents that could be introduced into a ported or stored in a sufficient quantity, ‘‘(ii) MANDATORY DESIGNATION.—If the vul- drinking water supply by a terrorist or act of could cause casualties or economic damage if nerability zone for a substance of concern at terrorism. released or otherwise successfully targeted a water facility contains more than 10,000 in- ‘‘(C) USE OF INHERENTLY SAFER TECH- by a harmful intentional act, as determined dividuals, the water facility shall be— NOLOGIES.— by the Administrator, in consultation with ‘‘(I) considered to be a high-consequence ‘‘(i) IN GENERAL.—Subject to clause (ii), not the Secretary. water facility; and later than 90 days after the date of submis- ‘‘(5) TREATMENT WORKS.—The term ‘treat- ‘‘(II) classified by the Administrator to an sion of the options feasibility assessment re- ment works’ has the meaning given the term appropriate tier under clause (i). quired under this paragraph, the owner or in section 212 of the Federal Water Pollution ‘‘(iii) DISCRETIONARY CLASSIFICATION.—A operator of a high-consequence water facil- Control Act (33 U.S.C. 1292). water facility with a vulnerability zone that ity, in consultation with the Administrator,

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.026 S22MYPT1 rfake on PROD1PC64 with SENATE S4896 CONGRESSIONAL RECORD — SENATE May 22, 2006 the Secretary, the United States Chemical graph (1) within the scope of a greater facil- Whereas low-income women today are 4 Safety and Hazard Investigation Board, local ity upgrade; but times as likely to have an unintended preg- officials, and other interested parties, shall ‘‘(B) shall use amounts from a grant re- nancy and more than 4 times as likely to determine which inherently safer tech- ceived under this subsection only for the have an abortion as higher-income women; nologies are to be used by the high-con- capital expenditures directly relating to the Whereas abortion rates have increased sequence water facility. transition to inherently safer technologies. among low-income women, even as they have ‘‘(ii) CONSIDERATIONS.—In making the de- ‘‘(5) OPERATIONAL COSTS.—An owner or op- continued to decrease among more affluent termination under clause (i), an owner or op- erator of a high-consequence water facility women; erator— that receives a grant under this subsection Whereas 12,800,000 women of reproductive ‘‘(I) may consider transition costs esti- may not use funds from the grant to pay or age are uninsured and 9,300,000 women of re- mated in the options feasibility assessment offset any ongoing operational cost of the productive age live in poverty; of the owner or operator (except that those high-consequence water facility. Whereas lack of coverage for contraception transition costs shall not be the sole basis ‘‘(6) OTHER REQUIREMENTS.—As a condition and other health care costs result in women for the determination of the owner or oper- of receiving a grant under this subsection, of reproductive age paying 68 percent more ator); the owner or operator of a high-consequence in out-of-pocket costs for health care serv- ‘‘(II) shall consider long-term security en- water facility shall— ices than do men of the same age; hancement of the high-consequence water fa- ‘‘(A) upon receipt of a grant, track all cost Whereas family planning is a vital part of cility; savings resulting from the transition to in- helping women achieve the best health out- ‘‘(III) shall consider comparable water fa- herently safer technologies, including those comes for both women and their babies; and cilities that have transitioned to inherently savings identified in subsection (b)(4)(B)(iii); Whereas Women’s Health Week is a time to safer technologies; and and recognize the important role family planning ‘‘(IV) shall consider the overall security ‘‘(B) for each fiscal year for which grant services play in the lives of women across impact of the determination, including on funds are received, return an amount to the the United States: Now, therefore, be it the production, processing, and transpor- Administrator equal to 50 percent of the sav- Resolved, That it is the sense of the Senate tation of substances of concern at other fa- ings achieved by the high-consequence water that— cilities. facility (but not to exceed the amount of (1) Congress should help women, regardless grant funds received for the fiscal year) for of income, avoid unintended pregnancy and ‘‘(c) ENFORCEMENT.— use by the Administrator in facilitating the abortion through access to affordable contra- ‘‘(1) IN GENERAL.—In accordance with the future transition of other high-consequence ception; and tiers and priority system established under water facilities to the use of inherently safer (2) Congress should support programs and subsection (b)(2)(B), subject to paragraph (2), technologies. policies that make it easier for women to ob- the Administrator— ‘‘(7) INTERIM TRANSITIONS.—A water facility tain contraceptives. ‘‘(A) shall prioritize the use of inherently that transitioned to the use of 1 or more in- safer technologies at high-consequence fa- f herently safer technologies after September cilities listed under subsection (b)(1); 11, 2001, but before the date of enactment of SENATE RESOLUTION 486—DESIG- ‘‘(B) subject to the availability of grant this section, and that qualifies as a high-con- NATING JUNE 2006 AS ‘‘NATIONAL funds under this section, not later than 90 sequence facility under subsection (b)(2), in INTERNET SAFETY MONTH’’ days after the date on which the Adminis- accordance with any previous report sub- trator receives an options feasibility assess- mitted by the water facility under section Ms. MURKOWSKI (for herself, Mr. ment from an owner or operator of a high- 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) ALLEN, Mr. CRAIG, Mr. STEVENS, Mr. consequence water facility under subsection and as determined by the Administrator, VITTER, Ms. LANDRIEU, Mrs. DOLE, Mr. (b)(3)(A), shall issue an order requiring the shall be eligible to receive a grant under this CRAPO, Mr. BURNS, Mrs. LINCOLN, Mr. high-consequence water facility to eliminate subsection. WARNER, Mr. JOHNSON, Mr. ROBERTS, the use of 1 or more substances of concern ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Mr. SANTORUM, and Mr. DEWINE) sub- and adopt 1 or more inherently safer tech- There is authorized to be appropriated to mitted the following resolution; which nologies; and carry out this section $125,000,000 for each of ‘‘(C) may seek enforcement of an order fiscal years 2007 through 2011.’’. was considered and agreed to: issued under paragraph (2) in the appropriate S. RES. 486 f United States district court. Whereas, in the United States, more than ‘‘(2) DE MINIMIS USE.—Nothing in this sec- SUBMITTED RESOLUTIONS 90 percent of children between the ages of 5 tion prohibits the de minimis use of a sub- years old and 17 years old, or approximately stance of concern as a residual disinfectant. 47,000,000 children, now use computers; ‘‘(d) GRANTS.— SENATE RESOLUTION 485—TO EX- Whereas approximately 59 percent of chil- ‘‘(1) IN GENERAL.—In accordance with the PRESS THE SENSE OF THE SEN- dren in that age group, or approximately tiers and priority system established under ATE CONCERNING THE VALUE 31,000,000 children, use the Internet; subsection (b)(2)(B), the Administrator shall OF FAMILY PLANNING FOR Whereas approximately 26 percent of the provide grants to high-consequence facilities AMERICAN WOMEN children of the United States in grades 5 (including high-consequence facilities sub- through 12 are online for more than 5 hours ject to an order issued under subsection Mrs. CLINTON (for herself, Ms. CANT- a week; (c)(1)(C) and water facilities described in WELL, Mr. MENENDEZ, Mr. KERRY, Mr. Whereas approximately 12 percent of those paragraph (6)) for use in paying capital ex- LAUTENBERG, Mrs. MURRAY Mr. KEN- children spend more time online than they penditures directly required to complete the NEDY, Mr. SCHUMER, Mrs. BOXER, Mr. spend interacting with their friends; transition of the high-consequence water fa- HARKIN, Mrs. FEINSTEIN, and Ms. Whereas approximately 53 percent of the cility to the use of 1 or more inherently safer LANDRIEU) submitted the following res- children and teens of the United States like technologies. olution; which was referred to the to be alone when ‘‘surfing’’ the Internet; ‘‘(2) APPLICATION.—A high-consequence Committee on Health, Education, Whereas approximately 29 percent of those water facility that seeks to receive a grant children believe that their parents would ex- under this subsection shall submit to the Ad- Labor, and Pensions: press concern, restrict their Internet use, or ministrator an application by such date, in S. RES. 485 take away their computer if their parents such form, and containing such information Whereas the United States has one of the knew which sites they visited while surfing as the Administrator shall require, including highest rates of abortion in the industri- on the Internet; information relating to the transfer to inher- alized world; Whereas approximately 32 percent of the ently safer technologies, and the proposed Whereas reducing unintended pregnancies students of the United States in grades 5 date of such a transfer, described in sub- will reduce the number of abortions; through 12 feel that they have the skills to section (b)(3)(B). Whereas one of the most effective ways to bypass protections offered by the installa- ‘‘(3) DEADLINE FOR TRANSITION.—An owner prevent unintended pregnancy is to improve tion of filtering software; or operator of a high-consequence water fa- access to safe, affordable, effective family Whereas approximately 31 percent of the cility that is subject to an order under sub- planning; youths of the United States have visited an section (c)(1)(C) and that receives a grant Whereas contraceptive use has declined inappropriate website on the Internet; under this subsection shall begin the transi- (slightly among all women and precipitously Whereas approximately 18 percent of those tion to inherently safer technologies de- among low-income women) and, as a result, children have visited an inappropriate scribed in paragraph (1) not later than 90 unplanned pregnancy rates have risen among website more than once; days after the date of issuance of the order low-income women by 30 percent; Whereas approximately 51 percent of the under subsection (c)(1)(C). Whereas the impact of contraceptive use is students of the United States in grades 5 ‘‘(4) FACILITY UPGRADES.—An owner or op- hard to overstate — 11 percent of women in through 12 trust the individuals that they erator of a high-consequence water facility— the United States who do not use contracep- chat with on the Internet; ‘‘(A) may complete the transition to inher- tion account for 1⁄2 of all unintended preg- Whereas approximately 33 percent of the ently safer technologies described in para- nancies; students of the United States in grades 5

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.027 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4897 through 12 have chatted on the Internet with (2) calls on the people of the United States that ‘‘deliberate unlawful copying is no less an individual whom they have not met in to use Women’s Health Week as an oppor- an unlawful taking of property than garden- person; tunity to learn about health issues that face variety theft’’ (125 S. Ct. 2764, 2793 (2005)); Whereas approximately 11.5 percent of women; Whereas many computer systems of the those students have later met with a strang- (3) calls on the women of the United States colleges and universities of the United er with whom they chatted on the Internet; to observe National Women’s Check-Up Day States, including local area networks under Whereas approximately 39 percent of the on Monday, May 15, 2006, by receiving pre- the control of such colleges and universities, youths of the United States in grades 5 ventive screenings from their health care may be illicitly utilized by students and em- through 12 have admitted to giving out their providers; and ployees to further unlawful copying; personal information, iincluding their name, (4) recognizes the importance of federally Whereas throughout the course of the past age, and gender, over the Internet; and funded programs that provide research and few years, Federal law enforcement has re- Whereas approximately 14 percent of those collect data on common diseases in women peatedly executed search warrants against youths have received mean or threatening and highlight racial disparities in the rates computers and computer systems located at email while on the Internet: Now, therefore, of these diseases. colleges and universities, and has convicted be it f students and employees of colleges and uni- Resolved, That the Senate— versities for their role in criminal intellec- (1) designates June 2006 as ‘‘National Inter- SENATE RESOLUTION 488—EX- tual property crimes; net Safety Month’’; PRESSING THE SENSE OF CON- Whereas in addition to illicit activity, ille- (2) recognizes that National Internet Safe- GRESS THAT INSTITUTIONS OF gal peer-to-peer use has multiple negative ty Month provides the citizens of the United HIGHER EDUCATION SHOULD impacts on college computer systems; States with an opportunity to learn more ADOPT POLICIES AND EDU- Whereas individuals engaged in illegal about— CATIONAL PROGRAMS ON THEIR downloading on college computer systems (A) the dangers of the Internet; and CAMPUSES TO HELP DETER AND use significant amounts of system bandwidth (B) the importance of being safe and re- which exist for the use of the general student sponsible online; ELIMINATE ILLICIT COPYRIGHT population in the pursuit of legitimate edu- (3) commends and recognizes national and INFRINGEMENT OCCURRING ON, cational purposes; community organizations for— AND ENCOURAGE EDUCATIONAL Whereas peer-to-peer use on college com- (A) promoting awareness of the dangers of USES OF, THEIR COMPUTER SYS- puter systems potentially exposes those sys- the Internet; and TEMS AND NETWORKS tems to a myriad of security concerns, in- (B) providing information and training Mr. ALEXANDER (for himself, Mr. cluding spyware, viruses, worms or other that develops critical thinking and decision- malicious code which can be easily trans- making skills that are needed to use the LEAHY, Mr. HATCH, Mr. NELSON of Flor- mitted throughout the system by peer-to- Internet safely; and ida, and Mr. FRIST) submitted the fol- peer networks; (4) calls on Internet safety organizations, lowing resolution; which was consid- Whereas, according to a recent study re- law enforcement, educators, community ered and agreed to: leased by the Motion Picture Association of leaders, parents, and volunteers to increase S. RES. 488 America, students at colleges and univer- their efforts to raise the level of awareness Whereas the colleges and universities of sities in the United States accounted for for the need for online safety in the United the United States play a critically important $579,000,000 in losses to the motion picture States. role in educating young people; industry of the United States in 2005, which f Whereas the colleges and universities of represents 44 percent of that industry’s an- nual losses due to piracy; SENATE RESOLUTION 487—EX- the United States are responsible for helping to build and shape the educational founda- Whereas computer systems at colleges and PRESSING THE SENSE OF THE tion of their students, as well as the values universities exist for the use of all students SENATE WITH REGARD TO THE of their students; and should be kept free of illicit activity; IMPORTANCE OF WOMEN’S Whereas the colleges and universities of Whereas college and university systems HEALTH WEEK, WHICH PRO- the United States play an integral role in should continue to develop and to encourage MOTES AWARENESS OF DIS- the development of a civil and ordered soci- respect for the importance of protecting in- EASES THAT AFFECT WOMEN ety founded on the rule of law; tellectual property, the potential legal con- Whereas the colleges and universities of sequences of illegally downloading copy- AND WHICH ENCOURAGES righted works, and the additional security WOMEN TO TAKE PREVENTIVE the United States have been the origin of much of the creativity and innovation risks associated with unauthorized peer-to- MEASURES TO ENSURE GOOD throughout the history of the United States; peer use; and HEALTH Whereas much of the most valued intellec- Whereas it should be clearly established Mr. FEINGOLD (for himself and Ms. tual property of the United States has been that illegal peer-to-peer use is prohibited developed as a result of the colleges and uni- and violations punished consistent with up- SNOWE) submitted the following resolu- holding the rule of law: Now, therefore, be it tion; which was considered and agreed versities of the United States; Whereas the United States has, since its Resolved, That— to: inception, realized the value and importance (1) colleges and universities should con- S. RES. 487 of intellectual property protection in en- tinue to take a leadership role in educating Whereas women of all backgrounds have couraging creativity and innovation; students regarding the detrimental con- the power to greatly reduce their risk of Whereas intellectual property is among the sequences of online infringement of intellec- common diseases through preventive meas- most valuable assets of the United States; tual property rights; and ures such as a healthy lifestyle and frequent Whereas the importance of music, motion (2) colleges and universities should con- medical screenings; picture, software, and other intellectual tinue to take steps to deter and eliminate Whereas significant disparities exist in the property-based industries to the overall unauthorized peer-to-peer use on their com- prevalence of disease among women of dif- health of the economy of the United States puter systems by adopting or continuing ferent backgrounds, including women with is significant and well documented; policies to educate and warn students about disabilities, African American women, Asian/ Whereas the colleges and universities of the risks of unauthorized use, and educate Pacific Islander women, Latinas, and Amer- the United States are uniquely situated to students about the intrinsic value of and ican Indian/Alaska Native women; advance the importance and need for strong need to protect intellectual property. Whereas since healthy habits should begin intellectual property protection; f at a young age, and preventive care saves Whereas intellectual property-based indus- AMENDMENTS SUBMITTED & Federal dollars designated to health care, it tries are under increasing threat from all is important to raise awareness among forms of global piracy, including hard goods PROPOSED women and girls of key female health issues; and digital piracy; SA 4085. Mr. McCONNELL submitted an Whereas National Women’s Health Week Whereas the pervasive use of so-called amendment intended to be proposed by him begins on Mother’s Day annually and cele- peer-to-peer (P2P) file sharing networks has to the bill S. 2611, to provide for comprehen- brates the efforts of national and community led to rampant illegal distribution and repro- sive immigration reform and for other pur- organizations working with partners and vol- duction of copyrighted works; poses; which was ordered to lie on the table. unteers to improve awareness of key wom- Whereas the Supreme Court, in MGM Stu- SA 4086. Mr. WARNER (for himself and Mr. en’s health issues; and dios Inc. v. Grokster, Ltd., reviewed evidence CRAIG) submitted an amendment intended to Whereas in 2006, the week of May 14 of users’ conduct on just two peer-to-peer be proposed by him to the bill S. 2611, supra; through May 20, is dedicated as the National networks and noted that, ‘‘the probable which was ordered to lie on the table. Women’s Health Week: Now, therefore, be it scope of copyright infringement is stag- SA 4087. Mrs. FEINSTEIN (for herself and Resolved, That the Senate— gering’’ (125 S. Ct. 2764, 2772 (2005)); Mr. HARKIN) submitted an amendment in- (1) recognizes the importance of preventing Whereas Justice Breyer, in his opinion in tended to be proposed by her to the bill S. diseases that commonly affect women; MGM Studios Inc. v. Grokster, Ltd., wrote 2611, supra.

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.028 S22MYPT1 rfake on PROD1PC64 with SENATE S4898 CONGRESSIONAL RECORD — SENATE May 22, 2006 SA 4088. Mr. DODD submitted an amend- TEXT OF AMENDMENTS ‘‘(B) an amount equal to— ment intended to be proposed by him to the ‘‘(i) the voting age population of the State Mr. MCCONNELL submitted bill S. 2611, supra; which was ordered to lie SA 4085. (as reported in the most recent decennial on the table. an amendment intended to be proposed census); divided by SA 4089. Mr. DODD (for himself, Mr. by him to the bill S. 2611, to provide for ‘‘(ii) the total voting age population of all LUGAR, and Mr. SALAZAR) submitted an comprehensive immigration reform eligible States which submit an application amendment intended to be proposed by him and for other purposes; which was or- for payments under this part (as reported in to the bill S. 2611, supra; which was ordered dered to lie on the table; as follows: the most recent decennial census). to lie on the table. At the appropriate place, insert the fol- ‘‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS. SA 4090. Mr. DURBIN submitted an amend- lowing: ‘‘(a) IN GENERAL.—In addition to any other ment intended to be proposed by him to the SEC. lll. IDENTIFICATION REQUIREMENTS. amounts authorized to be appropriated under bill S. 2611, supra; which was ordered to lie (a) REQUIREMENT FOR IDENTIFICATION CARDS this subtitle, there are authorized to be ap- on the table. TO INCLUDE CITIZENSHIP INFORMATION.—Sub- propriated such sums as are necessary for SA 4091. Mrs. CLINTON submitted an section (b) of section 202 of the REAL ID Act the purpose of making payments under sec- amendment intended to be proposed by her of 2005 (49 U.S.C. 30301 note) is amended by tion 297. to the bill S. 2611, supra; which was ordered redesignating paragraphs (8) and (9) as para- ‘‘(b) AVAILABILITY.—Any amounts appro- to lie on the table. graphs (9) and (10), respectively, and by in- priated pursuant to the authority of this sec- SA 4092. Mr. REED submitted an amend- serting after paragraph (7) the following new tion shall remain available until expended.’’. ment intended to be proposed by him to the paragraph: bill S. 2611, supra; which was ordered to lie ‘‘(8) An indication of whether the person is SA 4086. Mr. WARNER (for himself on the table. a United States citizen.’’. and Mr. CRAIG) submitted an amend- SA 4093. Mr. KENNEDY (for himself and (b) IDENTIFICATION REQUIRED FOR VOTING IN Mr. DEWINE) submitted an amendment in- PERSON.— ment intended to be proposed by him tended to be proposed by him to the bill S. (1) IN GENERAL.—Title III of the Help Amer- to the bill S. 2611, to provide for com- 2611, supra; which was ordered to lie on the ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) prehensive immigration reform and for table. is amended by redesignating sections 304 and other purposes; which was ordered to SA 4094. Mr. KENNEDY submitted an 305 as sections 305 and 306, respectively, and lie on the table; as follows: by inserting after section 303 the following amendment intended to be proposed by him At the end of subtitle C of title I, add the new section: to the bill S. 2611, supra; which was ordered following: to lie on the table. ‘‘SEC. 304. IDENTIFICATION OF VOTERS AT THE SA 4095. Mr. DORGAN submitted an POLLS. SEC. 133. REPORT ON INCENTIVES TO ENCOUR- AGE CERTAIN MEMBERS AND amendment intended to be proposed by him ‘‘(a) IN GENERAL.—Notwithstanding the re- quirements of section 303(b), each State shall FORMER MEMBERS OF THE ARMED to the bill S. 2611, supra; which was ordered FORCES TO SERVE IN THE BUREAU to lie on the table. require individuals casting ballots in an elec- OF CUSTOMS AND BORDER PROTEC- SA 4096. Mr. BROWNBACK submitted an tion for Federal office in person to present TION. amendment intended to be proposed by him before voting a current valid photo identi- (a) REPORT REQUIRED.—Not later than 60 to the bill S. 2611, supra; which was ordered fication which is issued by a governmental days after the date of the enactment of this to lie on the table. entity and which meets the requirements of Act, the Secretary of Homeland Security and SA 4097. Mr. CORNYN submitted an subsection (b) of section 202 of the REAL ID the Secretary of Defense shall jointly submit amendment intended to be proposed by him Act of 2005 (49 U.S.C. 30301 note). to the appropriate committees of Congress a ‘‘(b) EFFECTIVE DATE.—Each State shall be to the bill S. 2611, supra; which was ordered report assessing the desirability and feasi- required to comply with the requirements of to lie on the table. bility of offering incentives to covered mem- subsection (a) on and after May 11, 2008.’’. SA 4098. Mr. BINGAMAN (for himself and bers and former members of the Armed (2) CONFORMING AMENDMENT.—Section 401 Mr. DOMENICI) submitted an amendment in- Forces for the purpose of encouraging such of the Help America Vote Act of 2002 (42 tended to be proposed by him to the bill S. members to serve in the Bureau of Customs U.S.C. 15511) is amended by striking ‘‘and 2611, supra; which was ordered to lie on the and Border Protection. 303’’ and inserting ‘‘303, and 304’’. table. (b) COVERED MEMBERS AND FORMER MEM- (c) FUNDING FOR FREE PHOTO IDENTIFICA- SA 4099. Mr. OBAMA (for himself and Mr. BERS OF THE ARMED FORCES.—For purposes of TIONS.—Subtitle D of title II of the Help KENNEDY) submitted an amendment intended America Vote Act of 2002 (42 U.S.C. 15401 et this section, covered members and former to be proposed by him to the bill S. 2611, seq.) is amended by adding at the end the fol- members of the Armed Forces are the fol- supra; which was ordered to lie on the table. lowing: lowing: SA 4100. Mr. GRASSLEY submitted an (1) Members of the reserve components of ‘‘PART 7—PHOTO IDENTIFICATION amendment intended to be proposed by him the Armed Forces. to the bill S. 2611, supra; which was ordered ‘‘SEC. 297. PAYMENTS FOR FREE PHOTO IDENTI- (2) Former members of the Armed Forces to lie on the table. FICATION. within two years of separation from service ‘‘(a) IN GENERAL.—In addition to any other SA 4101. Mrs. HUTCHISON (for herself and in the Armed Forces. payments made under this subtitle, the Elec- Mr. BOND) submitted an amendment in- (c) REQUIREMENTS AND LIMITATIONS.— tion Assistance Commission shall make pay- tended to be proposed by her to the bill S. (1) NATURE OF INCENTIVES.—In considering ments to States to promote the issuance to 2611, supra; which was ordered to lie on the incentives for purposes of the report required registered voters of free photo identifica- table. by subsection (a), the Secretaries shall con- tions for purposes of meeting the identifica- SA 4102. Mr. SCHUMER (for himself and sider such incentives, whether monetary or tion requirements of section 304. Mr. MENENDEZ) submitted an amendment in- ‘‘(b) ELIGIBILITY.—A State is eligible to re- otherwise and whether or not authorized by tended to be proposed by him to the bill S. ceive a grant under this part if it submits to current law or regulations, as the Secre- 2611, supra; which was ordered to lie on the the Commission (at such time and in such taries jointly consider appropriate. table. form as the Commission may require) an ap- (2) TARGETING OF INCENTIVES.—In assessing SA 4103. Mr. LEAHY (for himself, Mr. plication containing— any incentive for purposes of the report, the COLEMAN, Mr. LIEBERMAN, Mr. KENNEDY, Mr. ‘‘(1) a statement that the State intends to Secretaries shall give particular attention to CHAFEE, Mr. HARKIN, and Mr. BINGAMAN) sub- comply with the requirements of section 304; the utility of such incentive in— mitted an amendment intended to be pro- and (A) encouraging service in the Bureau of posed by him to the bill S. 2611, supra; which ‘‘(2) a description of how the State intends Customs and Border Protection after service was ordered to lie on the table. to use the payment under this part to pro- in the Armed Forces by covered members SA 4104. Mr. SALAZAR submitted an vide registered voters with free photo identi- and former of the Armed Forces who have amendment intended to be proposed by him fications which meet the requirements of provided border patrol or border security as- to the bill S. 2611, supra; which was ordered such section. sistance to the Bureau as part of their duties to lie on the table. ‘‘(c) USE OF FUNDS.—A State receiving a as members of the Armed Forces; and SA 4105. Mr. COLEMAN submitted an payment under this part shall use the pay- (B) leveraging military training and expe- amendment intended to be proposed by him ment only to provide free photo identifica- rience by accelerating training, or allowing to the bill S. 2611, supra; which was ordered tion cards to registered voters who do not credit to be applied to related areas of train- to lie on the table. have an identification card that meets the ing, required for service with the Bureau of SA 4106. Mr. KENNEDY submitted an requirements of section 304. Customs and Border Protection. amendment intended to be proposed by him ‘‘(d) ALLOCATION OF FUNDS.— (3) PAYMENT.—In assessing incentives for to the bill S. 2611, supra; which was ordered ‘‘(1) IN GENERAL.—The amount of the grant purposes of the report, the Secretaries shall to lie on the table. made to a State under this part for a year assume that any costs of such incentives SA 4107. Mr. ENSIGN submitted an amend- shall be equal to the product of— shall be borne by the Department of Home- ment intended to be proposed by him to the ‘‘(A) the total amount appropriated for land Security. bill S. 2611, supra; which was ordered to lie payments under this part for the year under (d) ELEMENTS.—The report required by sub- on the table. section 298; and section (a) shall include the following:

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(1) A description of various monetary and ‘‘(II) be employed in the United States for ‘‘(i) IN GENERAL.—Except as provided in non-monetary incentives considered for pur- at least 6 years, in the aggregate, after the clause (ii), the alien shall demonstrate that poses of the report. date of the enactment of the Orange Card the alien either— (2) An assessment of the desirability and Program. ‘‘(I) meets the requirements of section feasibility of utilizing any such incentive for ‘‘(ii) EXCEPTIONS.— 312(a) (relating to a knowledge and under- the purpose specified in subsection (a), in- ‘‘(I) IN GENERAL.—The employment re- standing of English and the history and Gov- cluding an assessment of the particular util- quirement in clause (i) shall be reduced for ernment of the United States); or ity of such incentive in encouraging service an individual who— ‘‘(II) is satisfactorily pursuing a course of in the Bureau of Customs and Border Protec- ‘‘(aa) cannot demonstrate employment study, recognized by the Secretary of Home- tion after service in the Armed Forces by based on a physical or mental disability or land Security, to achieve such understanding covered members and former members of the as a result of pregnancy; or of English and the history and Government Armed Forces described in subsection (c)(2). ‘‘(bb) is under 18 years of age on the date of of the United States. (3) Any other matters that the Secretaries the enactment of the Orange Card Program, ‘‘(ii) EXCEPTIONS.— jointly consider appropriate. by a period of time equal to the time period ‘‘(I) MANDATORY.—The requirements of (e) APPROPRIATE COMMITTEES OF CONGRESS beginning on such date of enactment and clause (i) shall not apply to any person who DEFINED.—In this section, the term ‘‘appro- ending on the date on which the individual is unable to comply with those requirements priate committees of Congress’’ means— reaches 18 years of age. because of a physical or developmental dis- (1) the Committees on Armed Services, ‘‘(II) POSTSECONDARY STUDY.—The employ- ability or mental impairment. Homeland Security and Governmental Af- ment requirements in clause (i) shall be re- ‘‘(II) DISCRETIONARY.—The Secretary of fairs, and Appropriations of the Senate; and duced by 1 year for each year of completed Homeland Security may waive all or part of (2) the Committees on Armed Services, full time postsecondary study in the United the requirements of clause (i) in the case of Homeland Security, and Appropriations of States during the relevant period. an alien who is 65 years of age or older as of the House of Representatives. ‘‘(iii) PORTABILITY.—An alien shall not be the date of the filing of the application for adjustment of status. SA 4087. Mrs. FEINSTEIN (for herself required to complete the employment re- quirements in clause (i) with the same em- ‘‘(G) SECURITY AND LAW ENFORCEMENT and Mr. HARKIN) submitted an amend- ployer. CLEARANCES.—The alien shall submit finger- ment intended to be proposed by her to ‘‘(iv) EVIDENCE OF EMPLOYMENT.— prints in accordance with procedures estab- the bill S. 2611, to provide for com- ‘‘(I) CONCLUSIVE DOCUMENTS.—For purposes lished by the Secretary of Homeland Secu- prehensive immigration reform and for of satisfying the requirements in clause (i), rity. Such fingerprints shall be submitted to other purposes; as follows: the alien shall submit at least 2 of the fol- relevant Federal agencies to be checked On page 345 strike line 10 and all that fol- lowing documents for each period of employ- against existing databases for information lows through page 395 line 23, and insert the ment, which shall be considered conclusive relating to criminal, national security, or following: evidence of such employment: other law enforcement actions that would render the alien ineligible for adjustment of Subtitle A—Earned Adjustment of Status ‘‘(aa) Records maintained by the Social Se- curity Administration. status under this subsection. The relevant SEC. 601. ORANGE CARD VISA PROGRAM. ‘‘(bb) Records maintained by an employer, Federal agencies shall work to ensure that (a) SHORT TITLE.—This section may be such as pay stubs, time sheets, or employ- such clearances are completed within 90 days cited as the ‘‘Orange Card Program’’. ment work verification. of the submission of fingerprints. An appeal (b) EARNED ADJUSTMENT OF STATUS.— ‘‘(cc) Records maintained by the Internal of a security clearance determination by the (1) IN GENERAL.—Chapter 5 of title II (8 Secretary of Homeland Security shall be U.S.C. 1255 et seq.) is amended by inserting Revenue Service. ‘‘(dd) Records maintained by a union or processed through the Department of Home- after section 245A the following: land Security. day labor center. ‘‘SEC. 245B. ACCESS TO EARNED ADJUSTMENT. ‘‘(H) MILITARY SELECTIVE SERVICE.—The ‘‘(ee) Records maintained by any other ‘‘(a) ADJUSTMENT OF STATUS.— alien shall establish that if the alien is with- government agency, such as worker com- ‘‘(1) PRINCIPAL ALIENS.—Subject to sub- in the age period required under the Military pensation records, disability records, or busi- section (c)(5) and notwithstanding any other Selective Service Act (50 U.S.C. App. 451 et ness licensing records. provision of law, including section 244(h), the seq.) that such alien has registered under ‘‘(II) OTHER DOCUMENTS.—An alien who is Secretary of Homeland Security shall adjust that Act. unable to submit a document described in an alien’s status to the status of an alien ‘‘(I) ANNUAL REPORTING REQUIREMENT.— subclause (I) may satisfy the requirement in lawfully admitted for orange card status, if ‘‘(i) IN GENERAL.—An alien who has applied clause (i) by submitting to the Secretary at the alien satisfies the following require- for an adjustment of status under this sec- least 2 other types of reliable documents ments: tion shall annually submit to the Secretary that provide evidence of employment for ‘‘(A) APPLICATION.—The alien shall file an of Homeland Security the documentation de- application establishing eligibility for ad- each required period of employment, includ- scribed in clause (ii) and the fee required justment of status in accordance with the ing— under subsection (m)(3). ‘‘(aa) bank records; procedures established under subsection (n) ‘‘(ii) DOCUMENTATION.—The documentation and pay the fine required under subsection ‘‘(bb) business records; submitted under clause (i) shall include evi- (m) and any additional amounts owed under ‘‘(cc) sworn affidavits from nonrelatives dence of employment described in subpara- that subsection. who have direct knowledge of the alien’s graph (D)(iv), proof of payment of taxes de- ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— work, including the name, address, and scribed in subparagraph (E), and documenta- ‘‘(i) IN GENERAL.—The alien shall establish phone number of the affiant, the nature and tion of any criminal conviction or an affi- that the alien— duration of the relationship between the affi- davit stating that the alien has not been ‘‘(I) was physically present in the United ant and the alien, and other verification in- convicted of any crime. States on or before January 1, 2006; formation; or ‘‘(iii) TERMINATION.—The reporting require- ‘‘(II) was not legally present in the United ‘‘(dd) remittance records. ment under this subparagraph shall termi- States on or before January 1, 2006, under ‘‘(v) BURDEN OF PROOF.—An alien applying nate on the date on which the alien is grant- any classification set forth in section for adjustment of status under this sub- ed the status of an alien lawfully admitted 101(a)(15); and section has the burden of proving by a pre- for permanent residence. ‘‘(III) did not depart from the United ponderance of the evidence that the alien has ‘‘(J) ADJUSTMENT OF STATUS.—An alien States on or before January 1, 2006, except satisfied the employment requirements in may not adjust to legal permanent residence for brief, casual, and innocent departures. clause (i). status under this section until after the ear- ‘‘(ii) LEGALLY PRESENT.—For purposes of ‘‘(E) PAYMENT OF INCOME TAXES.—The alien lier of— this subparagraph, an alien who has violated shall establish the payment of all Federal ‘‘(i) the consideration of all applications any conditions of the alien’s visa shall be and State income taxes owed for employ- filed under section 201, 202, or 203 before the considered not to be legally present in the ment during the period of employment re- date of enactment of this section; or United States. quired under subparagraph (D)(i). The alien ‘‘(ii) 8 years after the date of enactment of ‘‘(C) ADMISSIBLE UNDER IMMIGRATION may satisfy such requirement by estab- this section. LAWS.—The alien shall establish that the lishing that— ‘‘(2) SPOUSES AND CHILDREN.— alien is not inadmissible under section 212(a) ‘‘(i) no such tax liability exists; ‘‘(A) IN GENERAL.— except for any provision of that section that ‘‘(ii) all outstanding liabilities have been ‘‘(i) ADJUSTMENT OF STATUS.—Notwith- is waived under subsection (b) of this sec- met; or standing any other provision of law, the Sec- tion. ‘‘(iii) the alien has entered into an agree- retary of Homeland Security shall, if other- ‘‘(D) EMPLOYMENT IN THE UNITED STATES.— ment for payment of all outstanding liabil- wise eligible under subparagraph (B), adjust ‘‘(i) IN GENERAL.—The alien shall— ities with the Internal Revenue Service and the status to that of a lawful permanent ‘‘(I) submit all documentation of the with the department of revenue of each resident for— alien’s employment in the United States be- State to which taxes are owed. ‘‘(I) the spouse, or child who was under 21 fore January 1, 2006; and ‘‘(F) BASIC CITIZENSHIP SKILLS.— years of age on the date of enactment of the

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Orange Card Program, of an alien who ad- ‘‘(B) CONSTRUCTION.—Nothing in this para- an alien lawfully admitted for permanent justs status or is eligible to adjust status to graph shall be construed as affecting the au- residence. that of a permanent resident under para- thority of the Secretary of Homeland Secu- ‘‘(7) APPLICABILITY OF OTHER PROVISIONS.— graph (1); or rity, other than under this subparagraph, to Section 241(a)(5) and section 240B(d) shall not ‘‘(II) an alien who, within 5 years preceding waive the provisions of section 212(a). apply with respect to an alien who is apply- the date of the enactment of the Orange Card ‘‘(4) SPECIAL RULE FOR DETERMINATION OF ing for adjustment of status under sub- Program, was the spouse or child of an alien PUBLIC CHARGE.—An alien is not ineligible for section (a). who adjusts status to that of a permanent adjustment of status under subsection (a) by ‘‘(c) TREATMENT OF APPLICANTS.— resident under paragraph (1), if— reason of a ground of inadmissibility under ‘‘(1) IN GENERAL.—An alien who files an ap- ‘‘(aa) the termination of the qualifying re- section 212(a)(4) if the alien establishes a his- plication under subsection (a)(1)(A) for ad- lationship was connected to domestic vio- tory of employment in the United States evi- justment of status, including a spouse or lence; or dencing self-support without public cash as- child who files for adjustment of status ‘‘(bb) the spouse or child has been battered sistance. under subsection (b)— or subjected to extreme cruelty by the ‘‘(5) SPECIAL RULE FOR INDIVIDUALS WHERE ‘‘(A) shall be granted employment author- spouse or parent who adjusts status or is eli- THERE IS NO COMMERCIAL PURPOSE.—An alien ization pending final adjudication of the gible to adjust status to that of a permanent is not ineligible for adjustment of status alien’s application for adjustment of status; resident under paragraph (1). under subsection (a) by reason of a ground of ‘‘(B) shall be granted permission to travel ‘‘(ii) APPLICATION OF OTHER LAW.—In acting inadmissibility under section 212(a)(6)(E) if abroad pursuant to regulation pending final on applications filed under this paragraph the alien establishes that the action referred adjudication of the alien’s application for ad- with respect to aliens who have been bat- to in that section was taken for humani- justment of status; tered or subjected to extreme cruelty, the tarian purposes, to ensure family unity, or ‘‘(C) shall not be detained, determined in- Secretary of Homeland Security shall apply was otherwise in the public interest. admissible or deportable, or removed pend- the provisions of section 204(a)(1)(J) and the ‘‘(6) INELIGIBILITY.— ing final adjudication of the alien’s applica- protections, prohibitions, and penalties ‘‘(A) IN GENERAL.—An alien is ineligible for tion for adjustment of status, unless the under section 384 of the Illegal Immigration adjustment to lawful permanent resident alien commits an act which renders the alien Reform and Immigrant Responsibility Act of status under this section if— ineligible for such adjustment of status; and 1996 (8 U.S.C. 1367). ‘‘(i) the alien has been ordered removed ‘‘(D) shall not be considered an unauthor- ‘‘(B) GROUNDS OF INADMISSIBILITY NOT AP- from the United States— ized alien as defined in section 274A(h)(3) PLICABLE.—In establishing admissibility to ‘‘(I) for overstaying the period of author- until such time as employment authoriza- the United States, the spouse or child de- ized admission under section 217; tion under subparagraph (A) is denied. scribed in subparagraph (A) shall establish ‘‘(II) under section 235 or 238; or ‘‘(2) DOCUMENT OF AUTHORIZATION.—The that they are not inadmissible under section ‘‘(III) pursuant to a final order of removal Secretary of Homeland Security shall pro- 212(a), except for any provision of that sec- under section 240; vide each alien described in paragraph (1) tion that is waived under subsection (b) of ‘‘(ii) the alien failed to depart the United with a counterfeit-resistant orange card this section. States during the period of a voluntary de- that— ‘‘(C) SECURITY AND LAW ENFORCEMENT parture order issued under section 240B; ‘‘(A) meets all current requirements estab- CLEARANCE.—The spouse or child, if that ‘‘(iii) the alien is subject to section lished by the Secretary of Homeland Secu- child is 14 years of age or older, described in 241(a)(5); rity for travel documents, including the re- subparagraph (A) shall submit fingerprints ‘‘(iv) the Secretary of Homeland Security quirements under section 403 of the Illegal in accordance with procedures established by determines that— Immigration Reform and Immigrant Respon- the Secretary of Homeland Security. Such ‘‘(I) the alien, having been convicted by a sibility Act of 1996 (8 U.S.C. 1324a note); fingerprints shall be submitted to relevant final judgment of a serious crime, con- ‘‘(B) reflects the benefits and status set Federal agencies to be checked against exist- stitutes a danger to the community of the forth in paragraph (1); and ing databases for information relating to United States; ‘‘(C) contains a unique number that au- criminal, national security, or other law en- ‘‘(II) there are reasonable grounds for be- thorizes card holders who have resided forcement actions that would render the lieving that the alien has committed a seri- longer in the United States to receive the alien ineligible for adjustment of status ous crime outside the United States prior to status of lawful permanent resident before under this subsection. The relevant Federal the arrival of the alien in the United States; similarly situated card holders whose length agencies shall work to ensure that such or of residence in the United States is shorter. clearances are completed within 90 days of ‘‘(III) there are reasonable grounds for re- ‘‘(3) SECURITY AND LAW ENFORCEMENT the submission of fingerprints. An appeal of garding the alien as a danger to the security CLEARANCE.—Before an alien is granted em- a denial by the Secretary of Homeland Secu- of the United States; or ployment authorization or permission to rity shall be processed through the Depart- ‘‘(v) the alien has been convicted of a fel- travel under paragraph (1), the alien shall be ment of Homeland Security. ony or 3 or more misdemeanors. required to undergo a name check against ‘‘(3) NONAPPLICABILITY OF NUMERICAL LIMI- ‘‘(B) EXCEPTION.—Notwithstanding sub- existing databases for information relating TATIONS.—When an alien is granted lawful paragraph (A), an alien who has not been or- to criminal, national security, or other law permanent resident status under this sub- dered removed from the United States shall enforcement actions. The relevant Federal section, the number of immigrant visas au- remain eligible for adjustment to lawful per- agencies shall work to ensure that such thorized to be issued under any provision of manent resident status under this section if name checks are completed not later than 90 this Act shall not be reduced. the alien’s ineligibility under subparagraph days after the date on which the name check ‘‘(b) GROUNDS OF INADMISSIBILITY.— (A) is solely related to the alien’s— is requested. ‘‘(1) APPLICABLE PROVISIONS.—In the deter- ‘‘(i) entry into the United States without ‘‘(4) TERMINATION OF PROCEEDINGS.—An mination of an alien’s admissibility under inspection; alien in removal proceedings who establishes paragraphs (1)(C) and (2) of subsection (a), ‘‘(ii) remaining in the United States be- prima facie eligibility for adjustment of sta- the following provisions of section 212(a) yond the period of authorized admission; or tus under subsection (a) shall be entitled to shall apply and may not be waived by the ‘‘(iii) failure to maintain legal status while termination of the proceedings pending the Secretary of Homeland Security under para- in the United States. outcome of the alien’s application, unless graph (3)(A): ‘‘(C) WAIVER.—The Secretary may, in the the removal proceedings are based on crimi- ‘‘(A) Paragraph (1) (relating to health). Secretary’s sole and unreviewable discretion, nal or national security grounds. ‘‘(B) Paragraph (2) (relating to criminals). waive the application of subparagraph (A) if ‘‘(5) ADJUSTMENT TO PERMANENT RESI- ‘‘(C) Paragraph (3) (relating to security and the alien— DENCE.— related grounds). ‘‘(i) was ordered removed on the basis that ‘‘(A) IN GENERAL.—The Secretary of Home- ‘‘(D) Subparagraphs (A) and (C) of para- the alien— land Security shall adjust the status of an graph (10) (relating to polygamists and child ‘‘(I) entered without inspection; alien who satisfies all the requirements abductors). ‘‘(II) failed to maintain status; or under subsection (a) to that of an alien law- ‘‘(2) GROUNDS OF INADMISSIBILITY NOT AP- ‘‘(III) was ordered removed under fully admitted for permanent residence. PLICABLE.—The provisions of paragraphs (5), 212(a)(6)(C)(i) before April 7, 2006; and ‘‘(B) NONAPPLICABILITY OF NUMERICAL LIMI- (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9), and ‘‘(ii) demonstrates that— TATIONS.—When an alien is granted lawful (10)(B) of section 212(a) shall not apply to an ‘‘(I) the alien did not receive notice of re- permanent resident status under this sec- alien who is applying for adjustment of sta- moval proceedings in accordance with para- tion, the number of immigrant visas author- tus under subsection (a). graph (1) or (2) of section 239(a); ized to be issued under any provision of this ‘‘(3) WAIVER OF OTHER GROUNDS.— ‘‘(II) the alien’s failure to appear was due Act shall not be reduced. ‘‘(A) IN GENERAL.—Except as provided in to exceptional circumstances beyond the ‘‘(d) APPREHENSION BEFORE APPLICATION paragraph (1), the Secretary of Homeland Se- control of the alien; or PERIOD.—The Secretary of Homeland Secu- curity may waive any provision of section ‘‘(III) requiring the alien to depart from rity shall provide that in the case of an alien 212(a) in the case of individual aliens for hu- the United States would result in extreme who is apprehended before the beginning of manitarian purposes, to ensure family unity, hardship to the alien’s spouse, parent, or the application period described in sub- or when it is otherwise in the public interest. child, who is a citizen of the United States or section (a) and who can establish prima facie

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.035 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4901 eligibility to have the alien’s status adjusted benefit unless the alien meets the alien eligi- other determinations contained in the record under that subsection (but for the fact that bility criteria for such benefit under title IV shall be conclusive unless the applicant can the alien may not apply for such adjustment of such Act (8 U.S.C. 1601 et seq.). establish abuse of discretion or that the find- until the beginning of such period), until the ‘‘(h) RELATIONSHIPS OF APPLICATION TO ings are directly contrary to clear and con- alien has had the opportunity during the CERTAIN ORDERS.— vincing facts contained in the record, consid- first 180 days of the application period to ‘‘(1) IN GENERAL.—An alien who is present ered as a whole. complete the filing of an application for ad- in the United States and has been ordered ‘‘(4) STAY OF REMOVAL.—Aliens seeking ad- justment, the alien may not be removed excluded, deported, removed, or to depart ministrative or judicial review under this from the United States unless the alien is re- voluntarily from the United States or is sub- subsection shall not be removed from the moved on the basis that the alien has en- ject to reinstatement of removal under any United States until a final decision is ren- gaged in criminal conduct or is a threat to provision of this Act may, notwithstanding dered establishing ineligibility under this the national security of the United States. such order, apply for adjustment of status section, unless such removal is based on ‘‘(e) CONFIDENTIALITY OF INFORMATION.— under subsection (a). Such an alien shall not criminal or national security grounds. ‘‘(1) IN GENERAL.—Except as otherwise pro- be required, as a condition of submitting or ‘‘(k) DISSEMINATION OF INFORMATION ON AD- vided in this section, no Federal agency or granting such application, to file a separate JUSTMENT PROGRAM.—During the 12 months bureau, nor any officer or employee of such motion to reopen, reconsider, or vacate the following the issuance of final regulations in agency or bureau, may— exclusion, deportation, removal or voluntary accordance with subsection (o), the Sec- ‘‘(A) use the information furnished by the departure order. If the Secretary of Home- retary of Homeland Security, in cooperation applicant pursuant to an application filed land Security grants the application, the with approved entities, approved by the Sec- under paragraph (1) or (2) of subsection (a) order shall be canceled. If the Secretary of retary of Homeland Security, shall broadly for any purpose other than to make a deter- Homeland Security renders a final adminis- disseminate information respecting adjust- mination on the application; trative decision to deny the application, ment of status under this section and the re- ‘‘(B) make any publication through which such order shall be effective and enforceable. quirements to be satisfied to obtain such sta- the information furnished by any particular Nothing in this paragraph shall affect the re- tus. The Secretary of Homeland Security applicant can be identified; or view or stay of removal under subsection (j). shall also disseminate information to em- ‘‘(C) permit anyone other than the sworn ‘‘(2) STAY OF REMOVAL.—The filing of an ap- ployers and labor unions to advise them of officers and employees of such agency, bu- plication described in paragraph (1) shall the rights and protections available to them reau, or approved entity, as approved by the stay the removal or detainment of the alien and to workers who file applications under Secretary of Homeland Security, to examine pending final adjudication of the application, this section. Such information shall be individual applications that have been filed. unless the removal or detainment of the broadly disseminated, in the languages spo- ‘‘(2) REQUIRED DISCLOSURES.—The Sec- alien is based on criminal or national secu- ken by the top 15 source countries of the retary of Homeland Security and the Sec- rity grounds. aliens who would qualify for adjustment of retary of State shall provide the information ‘‘(i) APPLICATION OF OTHER PROVISIONS.— status under this section, including to tele- furnished pursuant to an application filed Nothing in this section shall preclude an vision, radio, and print media such aliens under paragraph (1) or (2) of subsection (a), alien who may be eligible to be granted ad- would have access to. and any other information derived from such justment of status under subsection (a) from ‘‘(l) EMPLOYER PROTECTIONS.— furnished information, to a duly recognized seeking such status under any other provi- ‘‘(1) IMMIGRATION STATUS OF ALIEN.—Em- law enforcement entity in connection with a sion of law for which the alien may be eligi- ployers of aliens applying for adjustment of criminal investigation or prosecution or a ble. status under this section shall not be subject national security investigation or prosecu- ‘‘(j) ADMINISTRATIVE AND JUDICIAL RE- to civil and criminal tax liability relating di- tion, in each instance about an individual VIEW.— rectly to the employment of such alien. suspect or group of suspects, when such in- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(2) PROVISION OF EMPLOYMENT RECORDS.— formation is requested in writing by such en- this subsection, there shall be no administra- Employers that provide unauthorized aliens tity. tive or judicial review of a determination re- with copies of employment records or other specting an application for adjustment of ‘‘(3) CRIMINAL PENALTY.—Any person who evidence of employment pursuant to an ap- knowingly uses, publishes, or permits infor- status under subsection (a). plication for adjustment of status under this mation to be examined in violation of this ‘‘(2) ADMINISTRATIVE REVIEW.— section or any other application or petition subsection shall be fined not more than ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE AP- pursuant to other provisions of the immigra- $10,000. PELLATE REVIEW.—The Secretary of Home- tion laws, shall not be subject to civil and ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN land Security shall establish an appellate criminal liability pursuant to section 274A APPLICATIONS.— authority to provide for a single level of ad- for employing such unauthorized aliens. ‘‘(1) CRIMINAL PENALTY.— ministrative appellate review of a deter- ‘‘(3) APPLICABILITY OF OTHER LAW.—Noth- ‘‘(A) VIOLATION.—It shall be unlawful for mination respecting an application for ad- ing in this subsection shall be used to shield any person to— justment of status under subsection (a). an employer from liability pursuant to sec- ‘‘(i) file or assist in filing an application ‘‘(B) STANDARD FOR REVIEW.—Administra- tion 274B or any other labor and employment for adjustment of status under this section tive appellate review referred to in subpara- law provisions. and knowingly and willfully falsify, conceal, graph (A) shall be based solely upon the ad- ‘‘(m) AUTHORIZATION OF APPROPRIATIONS; or cover up a material fact or make any ministrative record established at the time FINES; FEES.— false, fictitious, or fraudulent statements or of the determination on the application and ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— representations, or make or use any false upon the presentation of additional or newly There are authorized to be appropriated to writing or document knowing the same to discovered evidence during the time of the the Secretary of Homeland Security contain any false, fictitious, or fraudulent pending appeal. $100,000,000 for fiscal year 2007, which shall statement or entry; or ‘‘(3) JUDICIAL REVIEW.— remain available until expended, to carry ‘‘(ii) create or supply a false writing or ‘‘(A) DIRECT REVIEW.—A person whose ap- out this section. document for use in making such an applica- plication for adjustment of status under sub- ‘‘(2) FINE.—An alien who files an applica- tion. section (a) is denied after administrative ap- tion under this section (except for an alien ‘‘(B) PENALTY.—Any person who violates pellate review under paragraph (2) may seek under 18 years of age) shall pay a fine equal subparagraph (A) shall be fined in accord- review of such denial, in accordance with to $2,000. ance with title 18, United States Code, or im- chapter 7 of title 5, United States Code, be- ‘‘(3) FEE.—Annual processing fee of $50. prisoned not more than 5 years, or both. fore the United States district court for the ‘‘(4) IMMIGRATION EXAMINATIONS FEE AC- ‘‘(2) INADMISSIBILITY.—An alien who is con- district in which the person resides. COUNT.—Of the amounts collected each fiscal victed of a crime under paragraph (1) shall be ‘‘(B) REVIEW AFTER REMOVAL PRO- year under paragraphs (2) and (3), the Sec- considered to be inadmissible to the United CEEDINGS.—There shall be judicial review in retary of Homeland Security shall deposit— States. the Federal courts of appeal of the denial of ‘‘(A) $10,000,000 into the General Fund of ‘‘(3) EXCEPTION.—Notwithstanding para- an application for adjustment of status the Treasury, until an amount equal to the graphs (1) and (2), any alien or other entity under subsection (a) in conjunction with ju- amount appropriated pursuant to paragraph (including an employer or union) that sub- dicial review of an order of removal, deporta- (1) has been deposited under this subpara- mits an employment record that contains in- tion, or exclusion, but only if the validity of graph; and correct data that the alien used in order to the denial has not been upheld in a prior ju- ‘‘(B) the remaining amount into the Immi- obtain such employment, shall not have vio- dicial proceeding under subparagraph (A). gration Examinations Fee Account estab- lated this subsection. Notwithstanding any other provision of law, lished under section 286(m). ‘‘(g) INELIGIBILITY FOR PUBLIC BENEFITS.— the standard for review of such a denial shall ‘‘(5) USE OF AMOUNTS COLLECTED.—Of the For purposes of section 403 of the Personal be governed by subparagraph (C). amounts deposited into the Immigration Ex- Responsibility and Work Opportunity Rec- ‘‘(C) STANDARD FOR JUDICIAL REVIEW.—Ju- aminations Fee Account under paragraph onciliation Act of 1996 (8 U.S.C. 1613), an dicial review of a denial of an application (4)(B)— alien whose status has been adjusted in ac- under this section shall be based solely upon ‘‘(A) such amounts as may be necessary cordance with subsection (a) shall not be eli- the administrative record established at the shall be available, without fiscal year limita- gible for any Federal means-tested public time of the review. The findings of fact and tion, to—

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.035 S22MYPT1 rfake on PROD1PC64 with SENATE S4902 CONGRESSIONAL RECORD — SENATE May 22, 2006 ‘‘(i) the Secretary of Homeland Security to (2) As many as 70% of such migrants are the applicable fiscal year, as defined by the implement this section and to process appli- citizens of Mexico. International Bank for Reconstruction and cations received under this section; and (3) More than 1 million illegal migrants are Development; ‘‘(ii) the Secretary of Homeland Security apprehended annually in the United States ‘‘(B) classified as a lower middle income and the Secretary of State for administra- southern border area attempting to illegally country in the then most recent edition of tive and other expenses incurred in connec- enter the United States, with an additional the World Development Report for Recon- tion with the review of applications filed by 500,000 entering undetected. struction and Development published by the immediate relatives of aliens applying for (4) Despite Operation Gatekeeper which International Bank for Reconstruction and adjustment of status under this section; and began in 1994 with the construction of fenc- Development and having an income greater ‘‘(B) any amounts not expended under sub- ing in urban crossing areas and other efforts than the historical ceiling for International paragraph (A) shall be available to the Sec- to stem the flow of illegal immigration, the Development Association eligibility for the retary of Homeland Security to improve bor- flow of such migration has continued at high applicable fiscal year; or der security. levels. ‘‘(C) qualifies to be a candidate country ‘‘(n) RULEMAKING.— (5) Migrants have continued to cross into due to special circumstances, including nat- ‘‘(1) IN GENERAL.—Not later than 120 days remote rural areas where difficult terrain ural disasters or public health emergencies. after the date of the enactment of the Or- and climate conditions have caused the ‘‘(2) ELIGIBLE ALIEN.—The term ‘eligible ange Card Program, the Secretary of Home- deaths of some 2500 migrants over the last alien’ means an alien who— land Security shall issue regulations to im- decade. ‘‘(A) has been lawfully admitted to the plement this section. (6) Communities on both sides of the bor- United States for permanent residence; and ‘‘(2) APPLICATION PROCESSING PROCEDURE.— der will be impacted by the construction of ‘‘(B) is a physician or other healthcare The regulations issued under paragraph (1) additional fences and security structures. worker. shall include a procedure for the orderly, ef- (7) Illegal immigration cannot be perma- ‘‘(c) CONSULTATION.—The Secretary of ficient, and effective processing of applica- nently resolved or contained without the co- Homeland Security shall consult with the tions received under this section. Such pro- operation of Mexico and other countries that Secretary of State in carrying out this sub- cedure shall require the Secretary of Home- are the source of such migration. section. land Security to— (8) After some years of turning a blind eye ‘‘(d) PUBLICATION.—The Secretary of State ‘‘(A) permit applications under this section to the migrant problem, Mexican authorities shall publish— to be filed electronically, to the extent pos- have recently acknowledged their responsi- ‘‘(1) not later than 6 months after the date sible; and bility for addressing illegal migration by of the enactment of the Comprehensive Im- ‘‘(B) allow for initial registration with fin- Mexican citizens. migration Reform Act of 2006, and annually gerprints of applicants to be followed by a (9) It is in the interest of the United States thereafter, a list of candidate countries; and personal appointment and completed appli- to have the full cooperation of Mexican au- ‘‘(2) an immediate amendment to such list cation.’’. thorities in tackling illegal migration and at any time to include any country that (2) TABLE OF CONTENTS.—The table of con- other border security issues. qualifies as a candidate country due to spe- tents is amended by inserting after the item (b) CONSULTATION REQUIREMENT.—Con- cial circumstances under subsection relating to section 245A the following: sultations between United States and Mexi- (b)(1)(C).’’. ‘‘Sec. 245B. Access to earned adjustment.’’. can authorities at the federal, state, and (b) RULEMAKING.— local levels concerning the construction of (1) REQUIREMENT.—Not later than 6 months SA 4088. Mr. DODD submitted an additional fencing and related border secu- after the date of the enactment of this Act, amendment intended to be proposed by rity structures along the United States-Mex- the Secretary shall promulgate regulations him to the bill S. 2611, to provide for ico border shall be undertaken prior to com- to carry out the amendments made by this comprehensive immigration reform mencing any new construction, in order to section. and for other purposes; which was or- solicit the views of affected communities, (2) CONTENT.—The regulations required by paragraph (1) shall— dered to lie on the table; as follows: lessen tensions and foster greater under- standing and stronger cooperation on this (A) permit an eligible alien (as defined in Beginning on page 95, strike line 23 and all and other important issues of mutual con- section 317A of the Immigration and Nation- that follows through page 96, line 21, and in- cern. ality Act, as added by subsection (a)) and the sert the following: spouse or child of the eligible alien to reside ‘‘(i) if the violation is the offender’s first SA 4090. Mr. DURBIN submitted an in a foreign country to work as a physician violation under this subparagraph, shall be amendment intended to be proposed by or other healthcare worker as described in fined under such title, imprisoned for not him to the bill S. 2611, to provide for subsection (a) of such section 317A for not less than 3 years or more than 20 years, or less than a 12-month period and not more both; or comprehensive immigration reform and for other purposes; which was or- than a 24-month period, and shall permit the ‘‘(ii) if the violation is the offender’s sec- Secretary to extend such period for an addi- ond or subsequent violation of this subpara- dered to lie on the table; as follows: tional period not to exceed 12 months, if the graph, shall be fined under such title, impris- At the end of subtitle F of title VII, insert Secretary determines that such country has oned for not less than 7 years or more than the following new section: a continuing need for such a physician or 25 years, or both; SEC. 766. GLOBAL HEALTHCARE COOPERATION. other healthcare worker; ‘‘(C) if the offense furthered or aided the (a) GLOBAL HEALTHCARE COOPERATION.— (B) provide for the issuance of documents commission of any other offense against the Title III (8 U.S.C. 1401 et seq.) is amended by by the Secretary to such eligible alien, and United States or any State that is punish- inserting after section 317 the following: such spouse or child, if appropriate, to dem- able by imprisonment for more than 1 year, onstrate that such eligible alien, and such shall be fined under such title, imprisoned ‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTHCARE IN DEVEL- spouse or child, if appropriate, is authorized for not less than 7 years or more than 25 OPING COUNTRIES. to reside in such country under such section years, or both; ‘‘(a) IN GENERAL.—Notwithstanding any 317A; and ‘‘(D) shall be fined under such title, impris- other provision of this Act, the Secretary of oned not less than 7 years or more than 25 (C) provide for an expedited process Homeland Security shall allow an eligible years, or both, if the offense created a sub- through which the Secretary shall review ap- alien and the spouse or child of such alien to stantial and foreseeable risk of death, a sub- plications for such an eligible alien to reside reside in a candidate country during the pe- stantial and foreseeable risk of serious bod- in a foreign country pursuant to subsection riod that the eligible alien is working as a ily injury (as defined in section 2119(2) of (a) of such section 317A if the Secretary of physician or other healthcare worker in a title 18, United States Code), or inhumane State determines a country is a candidate candidate country. During such period the conditions to another person, including— country pursuant to subsection (b)(1)(C) of eligible alien and such spouse or child shall such section 317A. SA 4089. Mr. DODD (for himself, Mr. be considered— (c) TECHNICAL AND CONFORMING AMEND- ‘‘(1) to be physically present and residing MENTS.—The Immigration and Nationality LUGAR, and Mr. SALAZAR) submitted an Act is amended as follows: amendment intended to be proposed by in the United States for purposes of natu- ralization under section 316(a); and (1) Section 101(a)(13)(C)(ii) (8 U.S.C. him to the bill S. 2611, to provide for ‘‘(2) to meet the continuous residency re- 1101(a)(13)(C)(ii)) is amended by adding at the comprehensive immigration reform quirements under section 316(b). end ‘‘except in the case of an eligible alien, and for other purposes; which was or- ‘‘(b) DEFINITIONS.—In this section: or the spouse or child of such alien, author- dered to lie on the table; as follows: ‘‘(1) CANDIDATE COUNTRY.—The term ‘can- ized to be absent from the United States pur- At the appropriate place in the bill insert didate country’ means a country that the suant to section 317A,’’. the following new section: Secretary of State determines is— (2) Section 211(b) (8 U.S.C. 1181(b)) is SEC. . ‘‘(A) eligible for assistance from the Inter- amended by inserting ‘‘, including an eligible (a) FINDINGS— national Development Association, in which alien authorized to reside in a foreign coun- (1) There are currently between 10–12 mil- the per capita income of the country is equal try pursuant to section 317A and the spouse lion illegal immigrants in the United States to or less than the historical ceiling of the or child of such eligible alien, if appro- in 2006. International Development Association for priate,’’ after ‘‘101(a)(27)(A),’’.

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.035 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4903 (3) Section 212(a)(7)(A)(i)(I) (8 U.S.C. described in such subparagraph, regardless of (A) 2 years after the date of the enactment 1182(a)(7)(A)(i)(I)) is amended by inserting whether regulations to implement such sub- of this Act; and ‘‘other than an eligible alien authorized to paragraph have been promulgated. (B) 1 year after the date on which final reg- reside in a foreign country pursuant to sec- ulations implementing this section are pro- tion 317A and the spouse or child of such eli- SA 4091. Mrs. CLINTON submitted an mulgated. gible alien, if appropriate,’’ after ‘‘Act,’’. amendment intended to be proposed by (2) MOTIONS TO REOPEN.—The Secretary of (4) Section 319(b)(1)(B) (8 U.S.C. him to the bill S. 2611, to provide for Homeland Security shall establish proce- 1430(b)(1)(B)) is amended by inserting ‘‘an eli- dures for the reopening and reconsideration comprehensive immigration reform of applications for adjustment of status gible alien who is residing or has resided in and for other purposes; which was or- a foreign country pursuant to section 317A’’ under the Haitian Refugee Immigration before ‘‘and’’ at the end. dered to lie on the table; as follows: Fairness Act of 1998 that are affected by the (5) The table of contents is amended by in- At the appropriate place, insert the fol- amendments under subsection (a). serting after the item relating to section 317 lowing: (3) RELATIONSHIP OF APPLICATION TO CER- the following: SEC. ll. NONIMMIGRANT STATUS FOR SPOUSES TAIN ORDERS.—Section 902(a)(3) of the Hai- tian and Immigrant Fairness Act of 1998 ‘‘Sec. 317A. Temporary absence of aliens AND CHILDREN OF PERMANENT RESIDENTS AWAITING THE AVAIL- shall apply to an alien present in the United providing healthcare in devel- ABILITY OF AN IMMIGRANT VISA. States who has been ordered excluded, de- oping countries.’’. Section 101(a)(15)(V) of the Immigration ported, removed, or ordered to depart volun- (d) AUTHORIZATION OF APPROPRIATIONS.— and Nationality Act (8 U.S.C. 1101(a)(15)(V)) tarily, and who files an application under There are authorized to be appropriated to is amended— paragraph (1), or a motion under paragraph the Bureau of Citizenship and Immigration (1) by striking ‘‘the date of the enactment (2), In the same manner as such section Services such sums as may be necessary to of the Legal Immigration Family Equity 902(a)(3) applied to aliens filing applications carry out this section and the amendments Act’’ and inserting ‘‘January 1, 2011’’; and for adjustment of status under such Act be- made by this section. (2) by striking ‘‘3 years’’ each place it ap- fore April 1, 2000. SEC. 767. ATTESTATION BY HEALTHCARE WORK- pears and inserting ‘‘180 days’’. SEC 3. INADMISSIBILITY DETERMINATION. ERS. Section 902 of the Haitian Refugee Immi- (a) REQUIREMENT FOR ATTESTATION.—Sec- SA 4092. Mr. REED submitted an gration Fairness Act of 1998 (8 U.S.C. 1255 tion 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended amendment intended to be proposed by note) is amended in subsections (a)(1)(B) and by adding at the end the following new sub- him to the bill S. 2611, to provide for (d)(1)(D) by inserting ‘‘(6)(C)(i),’’ after paragraph: comprehensive immigration reform ‘‘(6)(A).’’ ‘‘(E) HEALTHCARE WORKERS WITH OTHER OB- and for other purposes; which was or- LIGATIONS.— SA 4094. Mr. KENNEDY submitted an dered to lie on the table; as follows: ‘‘(i) IN GENERAL.—An alien who seeks to amendment intended to be proposed by enter the United States for the purpose of On page 348, between lines 21 and 22, insert him to the bill S. 2611, to provide for performing labor as a physician or other the following: healthcare worker is inadmissible unless the ‘‘(V) The employment requirement under comprehensive immigration reform alien submits to the Secretary of Homeland clause (i)(I) shall not apply to any individual and for other purposes; which was or- Security or the Secretary of State, as appro- who is 65 years of age or older on the date of dered to lie on the table; as follows: priate, an attestation that the alien is not the enactment of the Immigrant Account- At the appropriate place, insert the fol- seeking to enter the United States for such ability Act of 2006. lowing: purpose during any period in which the alien On page 375, between lines 16 and 17, insert SEC. ll. PROMOTING CIRCULAR MIGRATION has an outstanding obligation to the govern- the following: PATTERNS. ment of the alien’s country of origin or the ‘‘(C) EXEMPTION.—The employment re- (a) LABOR MIGRATION FACILITATION PRO- alien’s country of residence. quirement under subparagraph (A) shall not GRAMS.— ‘‘(ii) OBLIGATION DEFINED.—In this subpara- apply to any individual who is 65 years of age (1) IN GENERAL.—The Secretary of State is graph, the term ‘obligation’ means an obliga- or older on the date of the enactment of the authorized to enter into agreements, with tion incurred as part of a valid, voluntary in- Immigrant Accountability Act of 2006. the appropriate officials of foreign govern- dividual agreement in which the alien re- ments whose nationals participate in the ceived financial assistance to defray the SA 4093. Mr. KENNEDY (for himself temporary guest worker program authorized costs of education or training to qualify as a and Mr. DEWINE) submitted an amend- under section 218A of the Immigration and physician or other healthcare worker in con- ment intended to be proposed by him Nationality Act, as added by section 403 of sideration for a commitment to work as a to the bill S. 2611, to provide for com- this Act, for the purposes of jointly estab- lishing and administering labor migration physician or other healthcare worker in the prehensive immigration reform and for alien’s country of origin or the alien’s coun- facilitation programs. try of residence. other purposes; which was ordered to (2) PRIORITY.—The Secretary of State shall ‘‘(iii) WAIVER.—The Secretary of Homeland lie on the table; as follows: place a priority on establishing labor migra- Security may waive a finding of inadmis- At the appropriate place in title V, insert tion facilitation programs under paragraph sibility under clause (i) if the Secretary de- the following: (1) with the governments of countries that termines that— DETERMINATIONS WITH RESPECT TO CHILDREN have a large number of nationals working as ‘‘(I) the obligation was incurred by coer- UNDER THE HAITIAN AND IMMI- temporary guest workers in the United cion or other improper means; GRANT FAIRNESS ACT OF 1998. States under section 218A of such Act. The ‘‘(II) the alien and the government of the (a) IN GENERAL—Section 902(d) of the Hai- Secretary shall enter into such agreements country to which the alien has an out- tian Refugee Immigration Fairness Act of not later than 3 months after the date of the standing obligation have reached a valid, 1998 (8 U.S.C. 1255 note) is amended by adding enactment of this Act or as soon thereafter voluntary agreement, pursuant to which the at the end the following: as is practicable. alien’s obligation has been deemed satisfied, ‘‘(3) DETERMINATIONS WITH RESPECT TO CHIL- (3) ELEMENTS OF PROGRAM.—A program es- or the alien has shown to the satisfaction of DREN.— tablished under paragraph (1) may provide the Secretary that the alien has been unable ‘‘(A) USE OF APPLICATION FILING DATE.—De- for— to reach such an agreement because of coer- terminations made under this subsection as (A) the Secretary of State, in conjunction cion or other improper means; or to whether an individual is a child of a par- with the Secretary and the Secretary of ‘‘(III) the obligation should not be enforced ent shall be made using the age and status of Labor, to confer with appropriate officials of due to other extraordinary circumstances, the individual on October 21, 1998. the foreign government to— including undue hardship that would be suf- ‘‘(B) APPLICATION SUBMISSION BY PARENT.- (i) establish and implement a program to fered by the alien in the absence of a waiv- Notwithstanding paragraph (1)(C), an appli- assist temporary guest workers from the for- er.’’. cation under this subsection filed based on eign country to obtain nonimmigrant status (b) EFFECTIVE DATE AND APPLICATION.— status as a child may be filed for the benefit under section 101(a)(15)(H)(ii)(c) of such Act; (1) EFFECTIVE DATE.—The amendment of such child by a parent or guardian of the and made by subsection (a) shall become effec- child, if the child is physically present in the (ii) establish programs to create economic tive 180 days after the date of the enactment United States on such filing date.’’. incentives for aliens to return to their coun- of this Act. (b) NEW APPLICATIONS AND MOTIONS TO RE- try of origin; (2) APPLICATION BY THE SECRETARY.—The OPEN— (B) the foreign government to— Secretary shall begin to carry out the sub- (1) NEW APPLICATIONS.—Notwithstanding (i) monitor the participation of its nation- paragraph (E) of section 212(a)(5) of the Im- section 902a(a)(1)(A) of the Haitian and Im- als in the temporary guest worker program, migration and Nationality Act (8 U.S.C. migrant Fairness Act of 1998, an alien who is including departure from and return to their 1182(a)(5)), as added by subsection (a), not eligible for adjustment of status under such country of origin; later than the effective date described in Act, as amended by subsection (a), may sub- (ii) develop and promote a reintegration paragraph (1), including the requirement for mit an application for adjustment of status program available to such individuals upon the attestation and the granting of a waiver under such Act not later than the later of— their return from the United States; and

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.072 S22MYPT1 rfake on PROD1PC64 with SENATE S4904 CONGRESSIONAL RECORD — SENATE May 22, 2006 (iii) promote or facilitate travel of such in- governance practices, including anti-corrup- On page 184, strike lines 5 through 24, and dividuals between their country of origin and tion and transparency principles; insert the following: the United States; and (F) enhancing Mexican efforts to strength- ‘‘(3) CONTRACTOR LIABILITY FOR EMPLOY- (C) any other matters that the Secretary en governance at all levels, including efforts MENT OF UNAUTHORIZED WORKERS.—A person of State and the appropriate officials of the to improve transparency and accountability, or other entity shall not be liable for a pen- foreign government consider appropriate to and to eliminate corruption, which is the alty under subsection (e)(4)(A) with respect enable nationals of the foreign country who single biggest obstacle to development; to the violation of subsection (a)(1)(A), are participating in the temporary work pro- (G) assisting the Government of Mexico in (a)(1)(B), or (a)(2) with respect to the hiring gram to maintain strong ties to their coun- implementing all provisions of the Inter- or continuation of employment of an unau- try of origin. American Convention Against Corruption thorized alien by a subcontractor of that per- (b) BILATERAL EFFORTS WITH MEXICO TO (ratified by Mexico on May 27, 1997) and urg- son or entity unless the person or entity REDUCE MIGRATION PRESSURES AND COSTS.— ing the Government of Mexico to participate knew that the subcontractor hired or contin- (1) FINDINGS.—Congress makes the fol- fully in the Convention’s formal implemen- ued to employ such alien in violation of such lowing findings: tation monitoring mechanism; subsection. (A) Migration from Mexico to the United (H) helping the Government of Mexico to States is directly linked to the degree of eco- strengthen education and training opportu- SA 4097. Mr. CORNYN submitted an nomic opportunity and the standard of living nities throughout the country, with a par- amendment intended to be proposed by in Mexico. ticular emphasis on improving rural edu- him to the bill S. 2611, to provide for (B) Mexico comprises a prime source of mi- cation; and gration to the United States. (I) encouraging the Government of Mexico comprehensive immigration reform (C) Remittances from Mexican citizens to create incentives for persons who have mi- and for other purposes; which was or- working in the United States reached a grated to the United States to return to dered to lie on the table; as follows: record high of nearly $17,000,000,000 in 2004. Mexico. Beginning on page 362, strike line 4 and all (D) Migration patterns may be reduced (3) SENSE OF CONGRESS REGARDING BILAT- that follows through page 363, line 12, and in- from Mexico to the United States by address- ERAL PARTNERSHIP ON HEALTH CARE.—It is the sert the following: ing the degree of economic opportunity sense of Congress that the Government of ‘‘(e) CONFIDENTIALITY OF INFORMATION.— available to Mexican citizens. the United States and the Government of ‘‘(1) IN GENERAL.—Except as provided in (E) Many Mexican assets are held extra-le- Mexico should enter into a partnership to ex- paragraph (2) or (3) or as otherwise provided gally and cannot be readily used as collat- amine uncompensated and burdensome in this section, or pursuant to written waiver eral for loans. health care costs incurred by the United of the applicant or order of a court of com- (F) A majority of Mexican businesses are States due to legal and illegal immigration, petent jurisdiction, no Federal agency or bu- small- or medium-sized with limited access including— reau, or any officer or employee of such to financial capital. (A) increasing health care access for poor agency or bureau, may— (G) These factors constitute a major im- and under served populations in Mexico; ‘‘(A) use the information furnished by the pediment to broad-based economic growth in (B) assisting Mexico in increasing its emer- applicant pursuant to an application filed Mexico. gency and trauma health care facilities under paragraph (1) or (2) of subsection (a) (H) Approximately 20 percent of the popu- along the border, with emphasis on expand- for any purpose other than to make a deter- lation of Mexico works in agriculture, with ing prenatal care in the region along the mination on the application; the majority of this population working on international border between the United ‘‘(B) make any publication through which small farms rather than large commercial States and Mexico; the information furnished by any particular enterprises. (C) facilitating the return of stable, inca- applicant can be identified; or (I) The Partnership for Prosperity is a bi- pacitated workers temporarily employed in ‘‘(C) permit anyone other than the sworn lateral initiative launched jointly by the the United States to Mexico in order to re- officers and employees of such agency, bu- President of the United States and the Presi- ceive extended, long-term care in their home reau, or approved entity, as approved by the dent of Mexico in 2001, which aims to boost country; and Secretary of Homeland Security, to examine the social and economic standards of Mexi- (D) helping the Government of Mexico to individual applications that have been filed. can citizens, particularly in regions where establish a program with the private sector ‘‘(2) REQUIRED DISCLOSURES.—The Sec- economic growth has lagged and emigration to cover the health care needs of Mexican na- retary of Homeland Security and the Sec- has increased. tionals temporarily employed in the United retary of State shall provide the information (J) The Presidents of Mexico and of the States. United States and the Prime Minister of furnished pursuant to an application filed Canada, at their trilateral summit on March Mr. DORGAN submitted an under paragraph (1) or (2) of subsection (a), SA 4095. and any other information derived from such 23, 2005, established the Security and Pros- amendment intended to be proposed by perity Partnership of North America to pro- furnished information, to— him to the bill S. 2611, to provide for ‘‘(A) a duly recognized law enforcement en- mote economic growth, competitiveness, and comprehensive immigration reform quality of life throughout North America. tity in connection with a criminal investiga- and for other purposes; which was or- tion or prosecution or a national security in- (2) SENSE OF CONGRESS REGARDING PARTNER- vestigation or prosecution, in each instance SHIP FOR PROSPERITY.—It is the sense of Con- dered to lie on the table; as follows: gress that the United States and Mexico On page 250, strike lines 5 through 10, and about an individual suspect or group of sus- should accelerate the implementation of the insert the following: pects, when such information is requested by Security and Prosperity Partnership of ‘‘(a) AUTHORITY.— such entity; or North America to help generate economic ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(B) an official coroner for purposes of af- growth and improve the standard of living in the Secretary of Homeland Security may firmatively identifying a deceased indi- Mexico, which will lead to reduced migra- grant a temporary visa to an H–2C non- vidual, whether or not the death of such in- tion, by— immigrant who demonstrates an intent to dividual resulted from a crime. (A) increasing access for poor and under perform labor or services in the United ‘‘(3) INAPPLICABILITY AFTER DENIAL.—The served populations in Mexico to the financial States (other than the labor or services de- limitation under paragraph (1)— services sector, including credit unions; scribed in clause (i)(b) or (ii)(a) of section ‘‘(A) shall apply only until an application (B) assisting Mexican efforts to formalize 101(a)(15)(H) or subparagraph (L), (O), (P), or filed under paragraph (1) or (2) of subsection its extra-legal sector, including the issuance (R) of section 101(a)(15)). (a) is denied and all opportunities for appeal of formal land titles, to enable Mexican citi- ‘‘(2) SUNSET.—Notwithstanding any other of the denial have been exhausted; and zens to use their assets to procure capital; provision of law, after the date that is 5 ‘‘(B) shall not apply to use of the informa- (C) facilitating Mexican efforts to establish years after the date of the enactment of the tion furnished pursuant to such application an effective rural lending system for small- Comprehensive Immigration Reform Act of in any removal proceeding or other criminal and medium-sized farmers that will— 2006, no alien may be issued a new visa as an or civil case or action relating to an alien (i) provide long term credit to borrowers; H-2C nonimmigrant for an initial period of whose application has been granted that is (ii) develop a viable network of regional authorized admission under subsection (f)(1). based upon any violation of law committed and local intermediary lending institutions; The Secretary of Homeland Security may or discovered after such grant. and continue to issue an extension of a tem- ‘‘(4) CRIMINAL PENALTY.—Any person who (iii) extend financing for alternative rural porary visa issued to an H-2C nonimmigrant knowingly uses, publishes, or permits infor- economic activities beyond direct agricul- pursuant to such subsection after such date. mation to be examined in violation of this subsection shall be fined not more than tural production; Mr. BROWNBACK submitted (D) expanding efforts to reduce the trans- SA 4096. $10,000. action costs of remittance flows in order to an amendment intended to be proposed increase the pool of savings available to help by him to the bill S. 2611, to provide for SA 4098. Mr. BINGAMAN (for himself finance domestic investment in Mexico; comprehensive immigration reform and Mr. DOMENICI) submitted an (E) encouraging Mexican corporations to and for other purposes; which was or- amendment intended to be proposed by adopt internationally recognized corporate dered to lie on the table; as follows: him to the bill S. 2611, to provide for

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.038 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4905 comprehensive immigration reform ‘‘(C) REPORTING REQUIREMENT.—The em- of this paragraph with respect to examina- and for other purposes; which was or- ployer shall submit to the Electronic Em- tion of documentation if a reasonable person dered to lie on the table; as follows: ployment Verification System established would conclude that the document examined under subsection (d), in a manner prescribed is genuine and relates to the individual At the appropriate place, insert the fol- by the Secretary, the employer identifica- whose identity and eligibility for employ- lowing: tion number provided by the person hiring ment in the United States is being verified. SEC. lll. ANNUAL REPORT ON THE NORTH the alien. Failure to submit such number If the individual provides a document suffi- AMERICAN DEVELOPMENT BANK. shall be considered a recordkeeping violation cient to meet the requirements of this para- Section 2 of Public Law 108–215 (22 U.S.C. under subsection (e)(4)(B). graph, nothing in this paragraph shall be 290m–6) is amended— ‘‘(D) ENFORCEMENT.—The Secretary shall construed as requiring an employer to solicit (1) in paragraph (1), by inserting after ‘‘The implement procedures to utilize the informa- any other document or as requiring the indi- number’’ the following: ‘‘of applications re- tion obtained under subparagraphs (B) and vidual to produce any other document. ceived by, pending with, and awaiting final (C) to identify employers who use a contract, ‘‘(B) IDENTIFICATION DOCUMENTS.—A docu- approval from the Board of the North Amer- subcontract, or exchange to obtain the labor ment described in this subparagraph is— ican Development Bank and the number’’; of an alien from another person, where such ‘‘(i) a United States passport; and person hiring such alien failed to comply ‘‘(ii) driver’s license or identity card issued (2) by adding at the end the following: with the requirements of this section. ‘‘(8) Recommendations on how to improve by a State, the Commonwealth of the North- ‘‘(4) DEFENSE.— ern Mariana Islands, or an outlying posses- the operations of the North American Devel- ‘‘(A) IN GENERAL.—Subject to subparagraph sion of the United States provided that such opment Bank. (B), an employer that establishes that the a card or document— ‘‘(9) An update on the implementation of employer has complied in good faith with the ‘‘(I) contains the individual’s photograph this Act, including the business process re- requirements of subsections (c) and (d) has or information, including the individual’s view undertaken by the North American De- established an affirmative defense that the name, date of birth, gender, eye color, and velopment Bank. employer has not violated paragraph (1)(A) address; and ‘‘(10) A description of the activities and ac- with respect to such hiring, recruiting, or re- ‘‘(II) contains security features to make complishments of the North American De- ferral. such license or card resistant to tampering, velopment Bank during the previous year, ‘‘(B) EXCEPTION.—Until the date that an including a brief summary of meetings and employer is required to participate in the counterfeiting, or fraudulent use; actions taken by the Board of the North Electronic Employment Verification System ‘‘(iii) in the case of an alien who is author- American Development Bank.’’. under subsection (d) or is participating in ized under this Act or by the Secretary to be such System on a voluntary basis, the em- employed in the United States, an employ- SA 4099. Mr. OBAMA (for himself and ployer may establish an affirmative defense ment authorization card, as specified by the Secretary that— Mr. KENNEDY) submitted an amend- under subparagraph (A) by complying with the requirements of subsection (c). ‘‘(I) contains a photograph of the indi- ment intended to be proposed by him vidual or other identifying information, in- to the bill S. 2611, to provide for com- ‘‘(b) ORDER OF INTERNAL REVIEW AND CER- TIFICATION OF COMPLIANCE.— cluding name, date of birth, gender, and ad- prehensive immigration reform and for ‘‘(1) AUTHORITY TO REQUIRE CERTIFI- dress; and other purposes; which was ordered to CATION.—If the Secretary has reasonable ‘‘(II) contains security features to make lie on the table; as follows: cause to believe that an employer has failed the document resistant to tampering, coun- Strike title III and insert the following: to comply with this section, the Secretary is terfeiting, and fraudulent use; authorized, at any time, to require that the ‘‘(iv) any other documents designated by TITLE III—UNLAWFUL EMPLOYMENT OF the Secretary, if— ALIENS employer certify that the employer is in compliance with this section, or has insti- ‘‘(I) the Secretary has published a notice in SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. tuted a program to come into compliance. the Federal Register stating that such a doc- (a) IN GENERAL.—Section 274A (8 U.S.C. ‘‘(2) CONTENT OF CERTIFICATION.—Not later ument is acceptable for purposes of this sub- 1324a) is amended to read as follows: than 60 days after the date an employer re- paragraph; and ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. ceives a request for a certification under ‘‘(II) the document contains security fea- ‘‘(a) MAKING EMPLOYMENT OF UNAUTHOR- paragraph (1) the employer shall certify tures to make the document resistant to IZED ALIENS UNLAWFUL.— under penalty of perjury that— tampering, counterfeiting, and fraudulent ‘‘(1) IN GENERAL.—It is unlawful for an em- ‘‘(A) the employer is in compliance with use; or ployer— the requirements of subsections (c) and (d); ‘‘(v) until the date that an employer is re- ‘‘(A) to hire, or to recruit or refer for a fee, or quired to participate in the Electronic Em- an alien for employment in the United ‘‘(B) that the employer has instituted a ployment Verification System under sub- States knowing, or with reckless disregard, program to come into compliance with such section (d) or is participating in such System that the alien is an unauthorized alien with requirements. on a voluntary basis, a document, or a com- respect to such employment; or ‘‘(3) EXTENSION.—The 60-day period referred bination of documents, of such type that, as ‘‘(B) to hire, or to recruit or refer for a fee, to in paragraph (2), may be extended by the of the date of the enactment of the Com- for employment in the United States an indi- Secretary for good cause, at the request of prehensive Immigration Reform Act of 2006, vidual unless such employer meets the re- the employer. the Secretary had established by regulation quirements of subsections (c) and (d). ‘‘(4) PUBLICATION.—The Secretary is au- were sufficient for purposes of this section. ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw- thorized to publish in the Federal Register ‘‘(C) AUTHORITY TO PROHIBIT USE OF CERTAIN ful for an employer, after lawfully hiring an standards or methods for certification under DOCUMENTS.— alien for employment, to continue to employ paragraph (1) and for specific recordkeeping ‘‘(i) AUTHORITY.—If the Secretary finds the alien in the United States knowing that practices with respect to such certification, that a document or class of documents de- the alien is (or has become) an unauthorized and procedures for the audit of any records scribed in subparagraph (B) is not reliable to alien with respect to such employment. related to such certification. establish identity or is being used fraudu- ‘‘(3) USE OF LABOR THROUGH CONTRACT.— ‘‘(c) DOCUMENT VERIFICATION REQUIRE- lently to an unacceptable degree, the Sec- ‘‘(A) IN GENERAL.—An employer who uses a MENTS.—An employer hiring, or recruiting or retary shall prohibit, or impose conditions, contract, subcontract, or exchange to obtain referring for a fee, an individual for employ- on the use of such document or class of docu- the labor of an alien in the United States ment in the United States shall verify that ments for purposes of this subsection. knowing, or with reckless disregard— the individual is eligible for such employ- ‘‘(ii) REQUIREMENT FOR PUBLICATION.—The ‘‘(i) that the alien is an unauthorized alien ment by meeting the following require- Secretary shall publish notice of any find- with respect to performing such labor, shall ments: ings under clause (i) in the Federal Register. be considered to have hired the alien in vio- ‘‘(1) ATTESTATION BY EMPLOYER.— ‘‘(2) ATTESTATION OF EMPLOYEE.— lation of paragraph (1)(A); or ‘‘(A) REQUIREMENTS.— ‘‘(A) REQUIREMENTS.— ‘‘(ii) that the person hiring such alien ‘‘(i) IN GENERAL.—The employer shall at- ‘‘(i) IN GENERAL.—The individual shall at- failed to comply with the requirements of test, under penalty of perjury and on a form test, under penalty of perjury on the form subsections (c) and (d) shall be considered to prescribed by the Secretary, that the em- described in paragraph (1)(A)(i), that the in- have hired the alien in violation of para- ployer has verified the identity and eligi- dividual is a national of the United States, graph (1)(B). bility for employment of the individual by an alien lawfully admitted for permanent ‘‘(B) INFORMATION SHARING.—The person examining a document described in subpara- residence, or an alien who is authorized hiring the alien shall provide to the em- graph (B). under this Act or by the Secretary to be ployer who obtains the labor of the alien, the ‘‘(ii) SIGNATURE REQUIREMENTS.—An attes- hired, or to be recruited or referred for a fee, employer identification number assigned to tation required by clause (i) may be mani- in the United States. such person by the Commissioner of Internal fested by a handwritten or electronic signa- ‘‘(ii) SIGNATURE FOR EXAMINATION.—An at- Revenue. Failure to provide such number ture. testation required by clause (i) may be mani- shall be considered a recordkeeping violation ‘‘(iii) STANDARDS FOR EXAMINATION.—The fested by a handwritten or electronic signa- under subsection (e)(4)(B). employer has complied with the requirement ture.

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.038 S22MYPT1 rfake on PROD1PC64 with SENATE S4906 CONGRESSIONAL RECORD — SENATE May 22, 2006

‘‘(B) PENALTIES.—An individual who falsely with respect to all employees hired by the the United States under subsection (c)(2), represents that the individual is eligible for employer on or after the date that is 18 such alien identification or authorization employment in the United States in an at- months after the date that funds are appro- number that the Secretary shall require. testation required by subparagraph (A) shall, priated and made available to the Secretary ‘‘(ii) SUBMISSION TO SYSTEM.—A registered for each such violation, be subject to a fine to implement this subsection. employer shall submit an inquiry through of not more than $5,000, a term of imprison- ‘‘(3) OTHER PARTICIPATION IN SYSTEM.—Not- the System to seek confirmation of the indi- ment not to exceed 3 years, or both. withstanding paragraph (2), the Secretary vidual’s identity and eligibility for employ- ‘‘(3) RETENTION OF ATTESTATION.—The em- has the authority— ment in the United States— ployer shall retain a paper, microfiche, ‘‘(A) to permit any employer that is not re- ‘‘(I) not later than 3 days after the date of microfilm, or electronic version of the attes- quired to participate in the System under the hiring, or recruiting or referring for a tations made under paragraph (1) and (2) and paragraph (2) to participate in the System on fee, of the individual (as the case may be); or make such attestations available for inspec- a voluntary basis; and ‘‘(II) in the case of an employee hired by a tion by an officer of the Department of ‘‘(B) to require any employer or class of critical employer designated by the Sec- Homeland Security, any other person des- employers to participate on a priority basis retary under paragraph (3)(B) at such time as ignated by the Secretary, the Special Coun- in the System with respect to employees the Secretary shall specify. sel for Immigration-Related Unfair Employ- hired prior to, on, or after the date of enact- ‘‘(C) INITIAL RESPONSE.—Not later than 10 ment Practices of the Department of Justice, ment of the Comprehensive Immigration Re- days after an employer submits an inquiry to or the Secretary of Labor during a period be- form Act of 2006— the System regarding an individual, the Sec- ginning on the date of the hiring, or recruit- ‘‘(i) if the Secretary designates such em- retary shall provide, through the System, to ing or referring for a fee, of the individual ployer or class of employers as a critical em- the employer— and ending— ployer based on an assessment of homeland ‘‘(i) if the System is able to confirm the in- ‘‘(A) in the case of the recruiting or refer- security or national security needs; or dividual’s identity and eligibility for em- ral for a fee (without hiring) of an individual, ‘‘(ii) if the Secretary has reasonable cause ployment in the United States, a confirma- 5 years after the date of the recruiting or re- to believe that the employer has engaged in tion notice, including the appropriate codes ferral; or material violations of paragraph (1), (2), or on such confirmation notice; or ‘‘(B) in the case of the hiring of an indi- (3) of subsection (a). ‘‘(ii) if the System is unable to confirm the vidual the later of— ‘‘(4) REQUIREMENT TO NOTIFY.—The Sec- ‘‘(i) 5 years after the date of such hiring; retary shall notify the employer or class of individual’s identity or eligibility for em- ‘‘(ii) 1 year after the date the individual’s employers in writing regarding the require- ployment in the United States, and after a employment is terminated; or ment for participation in the System under secondary manual verification has been con- ‘‘(iii) in the case of an employer or class of paragraph (3)(B) not less than 60 days prior ducted, a tentative nonconfirmation notice, employers, a period that is less than the ap- to the effective date of such requirement. including the appropriate codes on such ten- plicable period described in clause (i) or (ii) Such notice shall include the training mate- tative nonconfirmation notice. if the Secretary reduces such period for such rials described in paragraph (8)(E)(v). ‘‘(D) CONFIRMATION OR NONCONFIRMATION.— employer or class of employers. ‘‘(5) REGISTRATION OF EMPLOYERS.—An em- ‘‘(i) CONFIRMATION UPON INITIAL INQUIRY.—If ‘‘(4) DOCUMENT RETENTION AND RECORD- ployer shall register the employer’s partici- an employer receives a confirmation notice KEEPING REQUIREMENTS.— pation in the System in the manner pre- under paragraph (C)(i) for an individual, the ‘‘(A) RETENTION OF DOCUMENTS.—Notwith- scribed by the Secretary prior to the date employer shall record, on the form described standing any other provision of law, an em- the employer is required or permitted to sub- in subsection (c)(1)(A)(i), the appropriate ployer shall retain, for the applicable period mit information with respect to an employee code provided in such notice. described in paragraph (3), the following doc- under this subsection. ‘‘(ii) TENTATIVE NONCONFIRMATION.—If an uments: ‘‘(6) ADDITIONAL GUIDANCE.—A registered employer receives a tentative nonconfirma- ‘‘(i) IN GENERAL.—The employer shall copy employer shall be permitted to utilize any tion notice under paragraph (C)(ii) for an in- all documents presented by an individual de- technology that is consistent with this sec- dividual, the employer shall inform such in- scribed in paragraph (1)(B) and shall retain tion and with any regulation or guidance dividual of the issuance of such notice in paper, microfiche, microfilm, or electronic from the Secretary to streamline the proce- writing, on a form prescribed by the Sec- copies of such documents. Such copies shall dures to facilitate compliance with— retary not later than 3 days after receiving be designated as copied documents. ‘‘(A) the attestation requirement in sub- such notice. Such individual shall acknowl- ‘‘(ii) OTHER DOCUMENTS.—The employer section (c); and edge receipt of such notice in writing on the shall maintain records of any action taken ‘‘(B) the employment eligibility form described in subsection (c)((1)(A)(i). and copies of any correspondence written or verification requirements in this subsection. ‘‘(iii) NO CONTEST.—If the individual does received with respect to the verification of ‘‘(7) CONSEQUENCE OF FAILURE TO PARTICI- not contest the tentative nonconfirmation an individual’s identity or eligibility for em- PATE.—If an employer is required to partici- notice within 10 days of receiving notice ployment in the United States, including a pate in the System and fails to comply with from the individual’s employer, the notice copy of the form described in subsection the requirements of the System with respect shall become final and the employer shall (a)(3)(B). to an employee— record on the form described in subsection ‘‘(B) USE OF RETAINED DOCUMENTS.—An em- ‘‘(A) such failure shall be treated as a vio- (c)(2), the appropriate code provided through ployer shall use copies retained under clause lation of subsection (a)(1)(B); and the System to indicate the individual did not (i) or (ii) of subparagraph (A) only for the ‘‘(B) a rebuttable presumption is created contest the tentative nonconfirmation. An purposes of complying with the requirements that the employer has violated subsection individual’s failure to contest a tentative of this subsection, except as otherwise per- (a)(1)(A), however, such presumption may nonconfirmation shall not be considered an mitted under law. not apply to a prosecution under subsection admission of guilt with respect to any viola- ‘‘(5) PENALTIES.—An employer that fails to (f)(1). tion of this Act or any other provision of comply with the recordkeeping requirements ‘‘(8) DESIGN AND OPERATION OF SYSTEM.— law. of this subsection shall be subject to the pen- ‘‘(A) IN GENERAL.—The Secretary shall, ‘‘(iv) CONTEST.—If the individual contests alties described in subsection (e)(4)(B). through the System— the tentative nonconfirmation notice, the in- ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI- ‘‘(i) respond to each inquiry made by a reg- dividual shall submit appropriate informa- FICATION CARDS.—Nothing in this section istered employer through the Internet or tion to contest such notice under the proce- may be construed to authorize, directly or other electronic media, or over a toll-free dures established in subparagraph (E)(iii) not indirectly, the issuance, use, or establish- telephone line regarding an individual’s later than 10 days after receiving the notice ment of a national identification card. identity and eligibility for employment in from the individual’s employer. ‘‘(d) ELECTRONIC EMPLOYMENT the United States; and ‘‘(v) EFFECTIVE PERIOD OF TENTATIVE NON- VERIFICATION SYSTEM.— ‘‘(ii) maintain a record of each such in- CONFIRMATION NOTICE.—A tentative noncon- ‘‘(1) REQUIREMENT FOR SYSTEM.—The Sec- quiry and the information provided in re- firmation notice shall remain in effect until retary, in cooperation with the Commis- sponse to such inquiry. such notice becomes final under clause (iii), sioner of Social Security, shall implement ‘‘(B) INITIAL INQUIRY.— or the earlier of— an Electronic Employment Verification Sys- ‘‘(i) INFORMATION REQUIRED.—A registered ‘‘(I) a final confirmation notice or final tem (referred to in this subsection as the employer shall, with respect to the hiring, or nonconfirmation notice is issued through the ‘System’) to determine whether— recruiting or referring for a fee, any indi- System; or ‘‘(A) the identifying information submitted vidual for employment in the United States, ‘‘(II) 30 days after the individual contests a by an individual is consistent with the infor- obtain from the individual and record on the tentative nonconfirmation under clause (iv). mation maintained by the Secretary or the form described in subsection (c)(1)(A)(i)— ‘‘(vi) AUTOMATIC FINAL NOTICE.— Commissioner of Social Security; and ‘‘(I) the individual’s name and date of ‘‘(I) IN GENERAL.—If a final notice is not ‘‘(B) such individual is eligible for employ- birth; issued within the 30-day period described in ment in the United States. ‘‘(II) the individual’s social security ac- clause (v)(II), the Secretary shall automati- ‘‘(2) REQUIREMENT FOR PARTICIPATION.—The count number; and cally provide to the employer, through the Secretary shall require all employers in the ‘‘(III) in the case of an individual who does System, the appropriate code indicating a United States to participate in the System, not attest that the individual is a national of final notice.

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‘‘(II) PERIOD PRIOR TO INITIAL CERTIFI- ‘‘(I) a determination of whether the name ‘‘(C) REVIEW FOR ERRORS.—If a final deter- CATION.—During the period beginning on the and alien identification or authorization mination on an appeal filed under subpara- date of the enactment of the Comprehensive number provided in an inquiry by an em- graph (A) results in a confirmation of an in- Immigration Reform Act of 2006 and ending ployer is consistent with such information dividual’s eligibility to work in the United on the date the Secretary submits the initial maintained by the Secretary in order to con- States, the administrative review process report described in subparagraph (E)(ii), an firm the validity of the information pro- shall require the Secretary to determine if automatic notice issued under subclause (I) vided; and the final nonconfirmation notice issued for shall be a final confirmation notice. ‘‘(II) a determination of whether the indi- the individual was the result of— ‘‘(III) PERIOD AFTER INITIAL CERTIFI- vidual is authorized to be employed in the ‘‘(i) an error or negligence on the part of CATION.—After the date that the Secretary United States. an employee or official operating or respon- submits the initial report described in sub- ‘‘(ii) ANNUAL REPORT AND CERTIFICATION.— sible for the System; paragraph (E)(ii), an automatic notice issued Not later than the date that is 24 months ‘‘(ii) the decision rules, processes, or proce- under subclause (I) shall be a final confirma- after the date of the enactment of the Com- dures utilized by the System; or tion notice unless the most recent such re- prehensive Immigration Reform Act of 2006, ‘‘(iii) erroneous system information that port includes a certification that the System and annually thereafter, the Secretary shall was not the result of acts or omissions of the is able to correctly issue, within the period submit to Congress a report that includes— individual. beginning on the date an employer submits ‘‘(I) an assessment of whether the System ‘‘(D) COMPENSATION FOR ERROR.— an inquiry to the System and ending on the is able to correctly issue, within the period ‘‘(i) IN GENERAL.—If the Secretary makes a date an automatic default notice would be described in subparagraph (D)(v)(II), a final determination under subparagraph (C) that issued by the System, a final notice in at notice in at least 99 percent of the cases in the final confirmation notice issued for an least 99 percent of the cases in which the no- which the final notice relates to an indi- individual was not caused by an act or omis- tice relates to an individual who is eligible vidual who is eligible for employment in the sion of the individual, the Secretary shall for employment in the United States. If the United States (excluding an individual who take such affirmative action as the Sec- most recent such report includes such a cer- fails to contest a tentative nonconfirmation retary determines is appropriate, which shall tification, the automatic notice issued under notice); and include compensating the individual for rea- subclause (I) shall be a final nonconfirma- ‘‘(II) if the assessment under subclause (I) sonable costs and attorney’s fees, not to ex- tion notice. is that the System is able to correctly issue ceed $25,000, and for lost wages. ‘‘(IV) ADDITIONAL AUTHORITY.—Notwith- within the specified time period a final no- ‘‘(ii) CALCULATION OF LOST WAGES.—Lost standing the second sentence of subclause tice in at least 99 percent of the cases de- wages shall be calculated based on the wage (III), the Secretary shall have the authority scribed in such subclause, a certification of rate and work schedule that prevailed prior to issue a final confirmation notice for an in- such assessment. to termination. The individual shall be com- dividual who would be subject to a final non- ‘‘(iii) CONTEST AND SELF-VERIFICATION.— pensated for wages lost beginning on the confirmation notice under such sentence. In The Secretary in consultation with the Com- first scheduled work day after employment such a case, the Secretary shall determine missioner of Social Security, shall establish was terminated and ending 180 days after the individual’s eligibility for employment procedures to permit an individual who con- completion of the administrative review in the United States and record the results tests a tentative or final nonconfirmation process described in this paragraph or the of such determination in the System within notice, or seeks to verify the individual’s day after the individual is reinstated or ob- 12 months. own employment eligibility prior to obtain- tains employment elsewhere, whichever oc- ‘‘(vii) EFFECTIVE PERIOD OF FINAL NOTICE.— ing or changing employment, to contact the curs first. A final confirmation notice issued under this appropriate agency and, in a timely manner, ‘‘(E) LIMITATION ON COMPENSATION.—For paragraph for an individual shall remain in correct or update the information used by purposes of determining an individual’s com- effect— the System. pensation for the loss of employment, such ‘‘(I) during any continuous period of em- ‘‘(iv) INFORMATION TO EMPLOYEE.—The Sec- compensation shall not include any period in ployment of such individual by such em- retary shall develop a written form for em- which the individual was ineligible for em- ployer, unless the Secretary determines the ployers to provide to individuals who receive ployment in the United States. final confirmation was the result of identity a tentative or final nonconfirmation notice. ‘‘(F) SOURCE OF FUNDS.—Compensation or fraud; or Such form shall be made available in a lan- reimbursement provided under this para- ‘‘(II) in the case of an alien authorized to guage other than English, as necessary and graph shall not be provided from funds ap- be employed in the United States for a tem- reasonable, and shall include— propriated in annual appropriations Acts to porary period, during such period. ‘‘(I) information about the reason for such the Secretary for the Department of Home- ‘‘(viii) PROHIBITION ON TERMINATION.—An notice; land Security. employer may not terminate the employ- ‘‘(II) the right to contest such notice; ‘‘(11) JUDICIAL REVIEW.— ment of an individual based on a tentative ‘‘(III) contact information for the appro- ‘‘(A) IN GENERAL.—After the Secretary nonconfirmation notice until such notice be- priate agency and instructions for initiating makes a final determination on an appeal comes final under clause (iii) or a final non- such contest; and filed by an individual under the administra- confirmation notice is issued for the indi- ‘‘(IV) a 24-hour toll-free telephone number tive review process described in paragraph vidual by the System. Nothing in this clause to respond to inquiries related to such no- (10), the individual may obtain judicial re- shall prohibit the termination of employ- tice. view of such determination by a civil action ment for any reason other than such ten- ‘‘(v) TRAINING MATERIALS.—The Secretary commenced not later than 60 days after the tative nonconfirmation. shall make available or provide to the em- date of such decision, or such further time as ‘‘(ix) RECORDING OF CONTEST RESOLUTION.— ployer, upon request, not later than 60 days the Secretary may allow. The employer shall record on the form de- prior to such employer’s participation in the ‘‘(B) JURISDICTION.—A civil action for such scribed in subsection (c)(1)(A)(i) the appro- System, appropriate training materials to judicial review shall be brought in the dis- priate code that is provided through the Sys- facilitate compliance with this subsection, trict court of the United States for the judi- tem to indicate a final confirmation notice and sections 274B(a)(7) and 274C(a). cial district in which the plaintiff resides, or or final nonconfirmation notice. ‘‘(F) RESPONSIBILITIES OF THE COMMIS- has a principal place of business, or, if the ‘‘(x) CONSEQUENCES OF NONCONFIRMATION.— SIONER OF SOCIAL SECURITY.—The responsibil- plaintiff does not reside or have a principal If the employer has received a final noncon- ities of the Commissioner of Social Security place of business within any such judicial firmation regarding an individual, the em- with respect to the System are set out in district, in the District Court of the United ployer shall terminate the employment, re- section 205(c)(2) of the Social Security Act. States for the District of Columbia. cruitment, or referral of the individual. Such ‘‘(9) PROTECTION FROM LIABILITY.—No em- ‘‘(C) ANSWER.—As part of the Secretary’s employer shall provide to the Secretary any ployer that participates in the System shall answer to a complaint for such judicial re- information relating to the individual that be liable under any law for any employment- view, the Secretary shall file a certified copy the Secretary determines would assist the related action taken with respect to an indi- of the administrative record compiled during Secretary in enforcing or administering the vidual in good faith reliance on information the administrative review under paragraph immigration laws. If the employer continues provided by the System. (10), including the evidence upon which the to employ, recruit, or refer the individual ‘‘(10) ADMINISTRATIVE REVIEW.— findings and decision complained of are after receiving final nonconfirmation, a re- ‘‘(A) IN GENERAL.—An individual who is based. The court shall have power to enter, buttable presumption is created that the em- terminated from employment as a result of a upon the pleadings and transcript of the ployer has violated subsections (a)(1)(A) and final nonconfirmation notice may, not later record, a judgment affirming or reversing (a)(2). Such presumption may not apply to a than 60 days after the date of such termi- the result of that administrative review, prosecution under subsection (f)(1). nation, file an appeal of such notice. with or without remanding the cause for a ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— ‘‘(B) PROCEDURES.—The Secretary and rehearing. ‘‘(i) IN GENERAL.—The Secretary shall es- Commissioner of Social Security shall de- ‘‘(D) COMPENSATION FOR ERROR.— tablish a reliable, secure method to provide velop procedures to review appeals filed ‘‘(i) IN GENERAL.—In cases in which such through the System, within the time periods under subparagraph (A) and to make final judicial review reverses the final determina- required by this subsection— determinations on such appeals. tion of the Secretary made under paragraph

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(10), the court shall take appropriate affirm- ‘‘(C) REPORT.—Not later than the date that ‘‘(ii) specify the laws and regulations alleg- ative action, which shall include compen- is 24 months after the date of the enactment edly violated; sating the individual for reasonable costs of the Comprehensive Immigration Reform ‘‘(iii) specify the amount of fines or other and attorney’s fees, not to exceed $25,000, and Act of 2006, and annually thereafter, the penalties to be imposed; for lost wages. Comptroller General shall submit to Con- ‘‘(iv) disclose the material facts which es- ‘‘(ii) CALCULATION OF LOST WAGES.—Lost gress a report containing the findings of the tablish the alleged violation; and wages shall be calculated based on the wage study carried out under this paragraph. Each ‘‘(v) inform such employer that the em- rate and work scheduled that prevailed prior such report shall include, at a minimum, the ployer shall have a reasonable opportunity to termination. The individual shall be com- following: to make representations as to why a claim pensated for wages lost beginning on the ‘‘(i) An assessment of the annual report for a monetary or other penalty should not first scheduled work day after employment and certification described in paragraph be imposed. was terminated and ending 180 days after (8)(E)(ii). ‘‘(B) REMISSION OR MITIGATION OF PEN- completion of the judicial review described ‘‘(ii) An assessment of System performance ALTIES.— in this paragraph or the day after the indi- with respect to the rate at which individuals ‘‘(i) REVIEW BY SECRETARY.—If the Sec- vidual is reinstated or obtains employment who are eligible for employment in the retary determines that such fine or other elsewhere, whichever occurs first. United States are correctly approved within penalty was incurred erroneously, or deter- ‘‘(12) LIMITATION ON COLLECTION AND USE OF each of the periods specified in paragraph (8), mines the existence of such mitigating cir- DATA.— including a separate assessment of such rate cumstances as to justify the remission or ‘‘(A) LIMITATION ON COLLECTION OF DATA.— for nationals and aliens. mitigation of such fine or penalty, the Sec- ‘‘(i) IN GENERAL.—The System shall collect ‘‘(iii) An assessment of the privacy and se- retary may remit or mitigate such fine or and maintain only the minimum data nec- curity of the System and its effects on iden- other penalty on the terms and conditions as essary to facilitate the successful operation tity fraud or the misuse of personal data. the Secretary determines are reasonable and of the System, and in no case shall the data ‘‘(iv) An assessment of the effects of the just, or order termination of any proceedings be other than— System on the employment of unauthorized related to the notice. ‘‘(I) information necessary to register em- aliens. ‘‘(ii) APPLICABILITY.—This subparagraph ployers under paragraph (5); ‘‘(v) An assessment of the effects of the may not apply to an employer that has or is ‘‘(II) information necessary to initiate and System, including the effects of tentative engaged in a pattern or practice of violations respond to inquiries or contests under para- confirmations, on unfair immigration-re- of paragraph (1), (2), or (3) of subsection (a) graph (8); lated employment practices and employment or of any other requirements of this section. ‘‘(III) information necessary to establish discrimination based on national origin or ‘‘(C) PENALTY CLAIM.—After considering and enforce compliance with paragraphs (5) citizenship status. evidence and representations offered by the and (8); ‘‘(vi) An assessment of whether the Sec- employer, the Secretary shall determine ‘‘(IV) information necessary to detect and retary and the Commissioner of Social Secu- whether there was a violation and promptly prevent employment related identity fraud; rity have adequate resources to carry out issue a written final determination setting and the duties and responsibilities of this sec- forth the findings of fact and conclusions of ‘‘(V) such other information the Secretary tion. law on which the determination is based and determines is necessary, subject to a 180 day ‘‘(e) COMPLIANCE.— the appropriate penalty. notice and comment period in the Federal ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The ‘‘(4) CIVIL PENALTIES.— Register. Secretary shall establish procedures— ‘‘(A) HIRING OR CONTINUING TO EMPLOY UN- ‘‘(ii) PENALTIES.—Any officer, employee, or ‘‘(A) for individuals and entities to file AUTHORIZED ALIENS.—Any employer that vio- contractor who willfully and knowingly col- complaints regarding potential violations of lates any provision of paragraph (1), (2), or lects and maintains data in the System subsection (a); (3) of subsection (a) shall pay civil penalties other than data described in clause (i) shall ‘‘(B) for the investigation of such com- as follows: be guilty of a misdemeanor and fined not plaints that the Secretary determines are ‘‘(i) Pay a civil penalty of not less than more than $1,000 for each violation. appropriate to investigate; and $500 and not more than $4,000 for each unau- ‘‘(B) LIMITATION ON USE OF DATA.—Whoever ‘‘(C) for the investigation of other viola- thorized alien with respect to each such vio- willfully and knowingly accesses, discloses, tions of subsection (a) that the Secretary de- lation. or uses any information obtained or main- termines is appropriate. ‘‘(ii) If the employer has previously been tained by the System— ‘‘(2) AUTHORITY IN INVESTIGATIONS.— fined 1 time during the 12-month period pre- ‘‘(i) for the purpose of committing identity ‘‘(A) IN GENERAL.—In conducting investiga- ceding the violation under this subpara- fraud, or assisting another person in com- tions and hearings under this subsection, of- graph, pay a civil penalty of not less than mitting identity fraud, as defined in section ficers and employees of the Department of $4,000 and not more than $10,000 for each un- 1028 of title 18, United States Code; Homeland Security— authorized alien with respect to each such ‘‘(ii) for the purpose of unlawfully obtain- ‘‘(i) shall have reasonable access to exam- violation. ing employment in the United States or un- ine evidence regarding any employer being ‘‘(iii) If the employer has previously been lawfully obtaining employment in the investigated; and fined more than 1 time during the 24-month United States for any other person; or ‘‘(ii) if designated by the Secretary, may period preceding the violation under this ‘‘(iii) for any purpose other than as pro- compel by subpoena the attendance of wit- subparagraph or has failed to comply with a vided for under any provision of law; nesses and the production of evidence at any previously issued and final order related to shall be guilty of a felony and upon convic- designated place in an investigation or case any such provision, pay a civil penalty of not tion shall be fined under title 18, United under this subsection. less than $6,000 and not more than $20,000 for States Code, or imprisoned for not more than ‘‘(B) FAILURE TO COOPERATE.—In case of re- each unauthorized alien with respect to each 5 years, or both. fusal to obey a subpoena lawfully issued such violation. ‘‘(C) EXCEPTIONS.—Nothing in subpara- under subparagraph (A)(ii), the Secretary ‘‘(B) RECORDKEEPING OR VERIFICATION PRAC- graph (A) or (B) may be construed to limit may request that the Attorney General TICES.—Any employer that violates or fails the collection, maintenance, or use of data apply in an appropriate district court of the to comply with the recordkeeping require- by the Commissioner of Internal Revenue or United States for an order requiring compli- ments of subsections (a), (c), and (d), shall the Commissioner of Social Security as pro- ance with such subpoena, and any failure to pay a civil penalty as follows: vided by law. obey such order may be punished by such ‘‘(i) Pay a civil penalty of not less than ‘‘(13) MODIFICATION AUTHORITY.—The Sec- court as contempt. $200 and not more than $2,000 for each such retary, after notice is submitted to Congress ‘‘(C) DEPARTMENT OF LABOR.—The Sec- violation. and provided to the public in the Federal retary of Labor shall have the investigative ‘‘(ii) If the employer has previously been Register, is authorized to modify the re- authority provided under section 11(a) of the fined 1 time during the 12-month period pre- quirements of this subsection with respect to Fair Labor Standards Act of 1938 (29 U.S.C. ceding the violation under this subpara- completion of forms, method of storage, at- 211(a)) to ensure compliance with the provi- graph, pay a civil penalty of not less than testations, copying of documents, signa- sions of this section. $400 and not more than $4,000 for each such tures, methods of transmitting information, ‘‘(3) COMPLIANCE PROCEDURES.— violation. and other operational and technical aspects ‘‘(A) PREPENALTY NOTICE.—If the Secretary ‘‘(iii) If the employer has previously been to improve the efficiency, accuracy, and se- has reasonable cause to believe that there fined more than 1 time during the 24-month curity of the System. has been a violation of a requirement of this period preceding the violation under this ‘‘(14) ANNUAL GAO STUDY AND REPORT.— section and determines that further pro- subparagraph or has failed to comply with a ‘‘(A) REQUIREMENT.—The Comptroller Gen- ceedings related to such violation are war- previously issued and final order related to eral of the United States shall conduct an ranted, the Secretary shall issue to the em- such requirements, pay a civil penalty of not annual study of the System. ployer concerned a written notice of the Sec- less than $600 and not more than $6,000 for ‘‘(B) PURPOSE.—The study shall evaluate retary’s intention to issue a claim for a fine each such violation. the accuracy, efficiency, integrity, and im- or other penalty. Such notice shall— ‘‘(C) OTHER PENALTIES.—Notwithstanding pact of the System. ‘‘(i) describe the violation; subparagraphs (A) and (B), the Secretary

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.040 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4909 may impose additional penalties for viola- for a fee, of an individual, to require the in- ment under this subsection shall be consid- tions, including violations of cease and de- dividual to post a bond or security, to pay or ered a cause for suspension under the proce- sist orders, specially designed compliance agree to pay an amount, or otherwise to pro- dures and standards for suspension pre- plans to prevent further violations, sus- vide a financial guarantee or indemnity, scribed by the Federal Acquisition Regula- pended fines to take effect in the event of a against any potential liability arising under tion. further violation, and in appropriate cases, this section relating to such hiring, recruit- ‘‘(j) MISCELLANEOUS PROVISIONS.— the criminal penalty described in subsection ing, or referring of the individual. ‘‘(1) DOCUMENTATION.—In providing docu- (f). ‘‘(2) CIVIL PENALTY.—Any employer which mentation or endorsement of authorization ‘‘(5) JUDICIAL REVIEW.—An employer ad- is determined, after notice and opportunity of aliens eligible to be employed in the versely affected by a final determination for mitigation of the monetary penalty United States, the Secretary shall provide may, within 45 days after the date the final under subsection (e), to have violated para- that any limitations with respect to the pe- determination is issued, file a petition in any graph (1) of this subsection shall be subject riod or type of employment or employer appropriate district court of the United to a civil penalty of $10,000 for each violation shall be conspicuously stated on the docu- States. The filing of a petition as provided in and to an administrative order requiring the mentation or endorsement (other than aliens this paragraph shall stay the Secretary’s de- return of any amounts received in violation lawfully admitted for permanent residence). termination until entry of judgment by the of such paragraph to the employee or, if the ‘‘(2) PREEMPTION.—The provisions of this court. The burden shall be on the employer employee cannot be located, to the Employer section preempt any State or local law im- to show that the final determination was not Compliance Fund established under section posing civil or criminal sanctions (other supported by substantial evidence. The Sec- 286(w). than through licensing and similar laws) retary is authorized to require that the peti- ‘‘(i) PROHIBITION ON AWARD OF GOVERNMENT upon those who employ, or recruit or refer tioner provide, prior to filing for review, se- CONTRACTS, GRANTS, AND AGREEMENTS.— for a fee for employment, unauthorized curity for payment of fines and penalties ‘‘(1) EMPLOYERS WITH NO CONTRACTS, aliens. through bond or other guarantee of payment GRANTS, OR AGREEMENTS.— ‘‘(k) DEPOSIT OF AMOUNTS RECEIVED.—Ex- acceptable to the Secretary. ‘‘(A) IN GENERAL.—If an employer who does cept as otherwise specified, civil penalties ‘‘(6) ENFORCEMENT OF ORDERS.—If an em- not hold a Federal contract, grant, or coop- collected under this section shall be depos- ployer fails to comply with a final deter- erative agreement is determined by the Sec- ited by the Secretary into the Employer mination issued against that employer under retary to be a repeat violator of this section Compliance Fund established under section this subsection, and the final determination or is convicted of a crime under this section, 286(w). is not subject to review as provided in para- the employer shall be debarred from the re- ‘‘(l) DEFINITIONS.—In this section: graph (5), the Attorney General may file suit ceipt of a Federal contract, grant, or cooper- ‘‘(1) EMPLOYER.—The term ‘employer’ to enforce compliance with the final deter- ative agreement for a period of 5 years. The means any person or entity, including any mination, not earlier than 46 days and not Secretary or the Attorney General shall ad- entity of the Government of the United later than 180 days after the date the final vise the Administrator of General Services of States, hiring, recruiting, or referring an in- determination is issued, in any appropriate such a debarment, and the Administrator of dividual for employment in the United district court of the United States. In any General Services shall list the employer on States. such suit, the validity and appropriateness of the List of Parties Excluded from Federal ‘‘(2) SECRETARY.—Except as otherwise pro- the final determination shall not be subject Procurement and Nonprocurement Programs vided, the term ‘Secretary’ means the Sec- to review. for a period of 5 years. retary of Homeland Security. ‘‘(B) WAIVER.—The Administrator of Gen- ‘‘(3) UNAUTHORIZED ALIEN.—The term ‘un- ‘‘(7) RECOVERY OF COSTS AND ATTORNEY’S eral Services, in consultation with the Sec- authorized alien’ means, with respect to the FEES.—In any appeal brought under para- graph (5) or suit brought under paragraph (6) retary and the Attorney General, may waive employment of an alien at a particular time, of this section the employer shall be entitled operation of this subsection or may limit the that the alien is not at that time either— duration or scope of the debarment. to recover from the Secretary reasonable ‘‘(A) an alien lawfully admitted for perma- ‘‘(2) EMPLOYERS WITH CONTRACTS, GRANTS, costs and attorney’s fees if such employer nent residence; or OR AGREEMENTS.— substantially prevails on the merits of the ‘‘(B) authorized to be so employed by this ‘‘(A) IN GENERAL.—An employer who holds case. Such an award of attorney’s fees may Act or by the Secretary.’’. a Federal contract, grant, or cooperative (b) CONFORMING AMENDMENTS.— not exceed $25,000. Any such costs and attor- agreement and is determined by the Sec- (1) AMENDMENTS.— ney’s fees assessed against the Secretary retary to be a repeat violator of this section (A) REPEAL OF BASIC PILOT.—Sections 401, shall be charged against the operating ex- or is convicted of a crime under this section, 402, 403, 404, and 405 of the Illegal Immigra- penses of the Department for the fiscal year shall be debarred from the receipt of new tion Reform and Immigrant Responsibility in which the assessment is made, and may Federal contracts, grants, or cooperative Act of 1996 (division C of Public Law 104–208; not be reimbursed from any other source. agreements for a period of 5 years. 8 U.S.C. 1324a note) are repealed. ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS ‘‘(B) NOTICE TO AGENCIES.—Prior to debar- FOR PATTERN OR PRACTICE VIOLATIONS.— (B) REPEAL OF REPORTING REQUIREMENTS.— ring the employer under subparagraph (A), ‘‘(1) CRIMINAL PENALTY.—An employer that (i) REPORT ON EARNINGS OF ALIENS NOT AU- the Secretary, in cooperation with the Ad- engages in a pattern or practice of knowing THORIZED TO WORK.—Subsection (c) of section ministrator of General Services, shall advise violations of subsection (a)(1)(A) or (a)(2) 290 (8 U.S.C. 1360) is repealed. any agency or department holding a con- shall be fined not more than $20,000 for each (ii) REPORT ON FRAUDULENT USE OF SOCIAL tract, grant, or cooperative agreement with unauthorized alien with respect to whom SECURITY ACCOUNT NUMBERS.—Subsection (b) the employer of the Government’s intention such a violation occurs, imprisoned for not of section 414 of the Illegal Immigration Re- to debar the employer from the receipt of more than 3 years for the entire pattern or form and Immigrant Responsibility Act of new Federal contracts, grants, or coopera- practice, or both. 1996 (division C of Public Law 104–208; 8 tive agreements for a period of 5 years. ‘‘(2) ENJOINING OF PATTERN OR PRACTICE U.S.C. 1360 note) is repealed. ‘‘(C) WAIVER.—After consideration of the VIOLATIONS.—If the Secretary or the Attor- (2) CONSTRUCTION.—Nothing in this sub- views of any agency or department that ney General has reasonable cause to believe section or in subsection (d) of section 274A, holds a contract, grant, or cooperative agree- that an employer is engaged in a pattern or as amended by subsection (a), may be con- ment with the employer, the Secretary may, practice of employment, recruitment, or re- strued to limit the authority of the Sec- in lieu of debarring the employer from the ferral in violation of paragraph (1)(A) or (2) retary to allow or continue to allow the par- receipt of new Federal contracts, grants, or of subsection (a), the Attorney General may ticipation of employers who participated in cooperative agreements for a period of 5 bring a civil action in the appropriate dis- the basic pilot program under sections 401, years, waive operation of this subsection, trict court of the United States requesting a 402, 403, 404, and 405 of the Illegal Immigra- limit the duration or scope of the debarment, permanent or temporary injunction, re- tion Reform and Immigrant Responsibility or may refer to an appropriate lead agency straining order, or other order against the Act of 1996 (division C of Public Law 104–208; the decision of whether to debar the em- employer, as the Secretary deems necessary. 8 U.S.C. 1324a note) in the Electronic Em- ‘‘(g) ADJUSTMENT FOR INFLATION.—All pen- ployer, for what duration, and under what ployment Verification System established alties and limitations on the recovery of scope in accordance with the procedures and pursuant to such subsection (d). costs and attorney’s fees in this section shall standards prescribed by the Federal Acquisi- (c) TECHNICAL AMENDMENTS.— be increased every 4 years beginning January tion Regulation. However, any proposed de- (1) DEFINITION OF UNAUTHORIZED ALIEN.— 2010 to reflect the percentage increase in the barment predicated on an administrative de- Sections 218(i)(1) (8 U.S.C. 1188(i)(1)), 245(c)(8) consumer price index for all urban con- termination of liability for civil penalty by (8 U.S.C. 1255(c)(8)), 274(a)(3)(B)(i) (8 U.S.C. sumers (all items; U.S. city average) for the the Secretary or the Attorney General shall 1324(a)(3)(B)(i)), and 274B(a)(1) (8 U.S.C. 48 month period ending with September of not be reviewable in any debarment pro- 1324b(a)(1)) are amended by striking the year preceding the year such adjustment ceeding. The decision of whether to debar or ‘‘274A(h)(3)’’ and inserting ‘‘274A’’. is made. Any adjustment under this subpara- take alternate action under this subpara- (2) DOCUMENT REQUIREMENTS.—Section 274B graph shall be rounded to the nearest dollar. graph shall not be judicially reviewed. (8 U.S.C. 1324b) is amended— ‘‘(h) PROHIBITION OF INDEMNITY BONDS.— ‘‘(3) SUSPENSION.—Indictments for viola- (A) in subsections (a)(6) and (g)(2)(B), by ‘‘(1) PROHIBITION.—It is unlawful for an em- tions of this section or adequate evidence of striking ‘‘274A(b)’’ and inserting ‘‘274A(d)’’; ployer, in the hiring, recruiting, or referring actions that could form the basis for debar- and

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(B) in subsection (g)(2)(B)(ii), by striking ‘‘(II) more than 10 names of employees (A) IN GENERAL.—Section 6103(p) of such ‘‘274A(b)(5)’’ and inserting ‘‘274A(d)’’. (within the meaning of such section) with Code is amended by adding at the end the (d) AMENDMENTS TO THE SOCIAL SECURITY the same taxpayer identifying number. following new paragraph: ACT.—Section 205(c)(2) of the Social Security ‘‘(ii) DISCLOSURE OF INFORMATION REGARD- ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— Act (42 U.S.C. 405(c)(2)) is amended by adding ING USE OF DUPLICATE EMPLOYEE TAXPAYER Notwithstanding any other provision of this at the end the following new subparagraphs: IDENTIFYING INFORMATION.—Taxpayer iden- section, no return or return information ‘‘(I)(i) The Commissioner of Social Secu- tity information of each person who has filed shall be disclosed to any contractor of the rity shall, subject to the provisions of sec- an information return required by reason of Department of Homeland Security unless tion 301(f)(2) of the Comprehensive Immigra- section 6051 which the Commissioner of So- such Department, to the satisfaction of the tion Reform Act of 2006, establish a reliable, cial Security has reason to believe, based on Secretary— secure method to provide through the Elec- a comparison with information submitted by ‘‘(A) has requirements in effect which re- tronic Employment Verification System es- the Secretary of Homeland Security, con- quire each such contractor which would have tablished pursuant to subsection (d) of sec- tains evidence of identity fraud due to the access to returns or return information to tion 274A of the Immigration and Nation- multiple use of the same taxpayer identi- provide safeguards (within the meaning of ality Act (referred to in this subparagraph as fying number (assigned under section 6109) of paragraph (4)) to protect the confidentiality the ‘System’), within the time periods re- an employee (within the meaning of section of such returns or return information, quired by paragraph (8) of such subsection— 6051). ‘‘(B) agrees to conduct an on-site review ‘‘(I) a determination of whether the name, ‘‘(iii) DISCLOSURE OF INFORMATION REGARD- every 3 years (mid-point review in the case of date of birth, and social security account ING NONPARTICIPATING EMPLOYERS.—Taxpayer number of an individual provided in an in- contracts or agreements of less than 1 year identity information of each person who has in duration) of each contractor to determine quiry made to the System by an employer is filed an information return required by rea- consistent with such information maintained compliance with such requirements, son of section 6051 which the Commissioner ‘‘(C) submits the findings of the most re- by the Commissioner in order to confirm the of Social Security has reason to believe, validity of the information provided; cent review conducted under subparagraph based on a comparison with information sub- (B) to the Secretary as part of the report re- ‘‘(II) determination of the citizenship sta- mitted by the Secretary of Homeland Secu- tus associated with such name and social se- quired by paragraph (4)(E), and rity, contains evidence of such person’s fail- ‘‘(D) certifies to the Secretary for the most curity account number, according to the ure to register and participate in the Elec- records maintained by the Commissioner; recent annual period that such contractor is tronic Employment Verification System au- in compliance with all such requirements. ‘‘(III) a determination of whether the name thorized under section 274A(d) of the Immi- and number belongs to an individual who is gration and Nationality Act (hereafter in The certification required by subparagraph deceased, according to the records main- this paragraph referred to as the ‘System’). (D) shall include the name and address of tained by the Commissioner; ‘‘(iv) DISCLOSURE OF INFORMATION REGARD- each contractor, a description of the con- ‘‘(IV) a determination of whether the name ING NEW EMPLOYEES OF NONPARTICIPATING EM- tract or agreement with such contractor, and number is blocked in accordance with PLOYERS.—Taxpayer identity information of and the duration of such contract or agree- clause (ii); and all employees (within the meaning of section ment.’’. ‘‘(V) a confirmation notice or a noncon- 6051) hired after the date a person identified (3) CONFORMING AMENDMENTS.— firmation notice described in such paragraph in clause (iii) is required to participate in (A) Section 6103(a)(3) of such Code is (8), in a manner that ensures that other in- the System under section 274A(d)(2) or sec- amended by striking ‘‘or (20)’’ and inserting formation maintained by the Commissioner tion 274A(d)(3)(B) of the Immigration and Na- ‘‘(20), or (21)’’. is not disclosed or released to employers tionality Act. (B) Section 6103(p)(3)(A) of such Code is through the System. ‘‘(v) DISCLOSURE OF INFORMATION REGARD- amended by adding at the end the following ‘‘(ii) The Commissioner of Social Security ING EMPLOYEES OF CERTAIN DESIGNATED EM- new sentence: ‘‘The Commissioner of Social shall prevent the fraudulent or other misuse PLOYERS.—Taxpayer identity information of Security shall provide to the Secretary such of a social security account number by es- all employees (within the meaning of section information as the Secretary may require in tablishing procedures under which an indi- 6051) of each person who is required to par- carrying out this paragraph with respect to vidual who has been assigned a social secu- ticipate in the System under section return information inspected or disclosed rity account number may block the use of 274A(d)(3)(B) of the Immigration and Nation- under the authority of subsection (l)(21).’’. such number under the System and remove ality Act. (C) Section 6103(p)(4) of such Code is such block. amended— ‘‘(J) In assigning social security account ‘‘(vi) DISCLOSURE OF NEW HIRE TAXPAYER (i) by striking ‘‘or (17)’’ both places it ap- numbers to aliens who are authorized to IDENTITY INFORMATION.—Taxpayer identity pears and inserting ‘‘(17), or (21)’’, and work in the United States under section 218A information of each person participating in (ii) by striking ‘‘or (20)’’ each place it ap- of the Immigration and Nationality Act, the the System and taxpayer identity informa- pears and inserting ‘‘(20), or (21)’’. Commissioner of Social Security shall, to tion of all employees (within the meaning of the maximum extent practicable, assign section 6051) of such person hired during the (D) Section 6103(p)(8)(B) of such Code is such numbers by employing the enumeration period beginning with the later of— amended by inserting ‘‘or paragraph (9)’’ procedure administered jointly by the Com- ‘‘(I) the date such person begins to partici- after ‘‘subparagraph (A)’’. missioner, the Secretary of State, and the pate in the System, or (E) Section 7213(a)(2) of such Code is Secretary.’’. ‘‘(II) the date of the request immediately amended by striking ‘‘or (20)’’ and inserting (e) DISCLOSURE OF CERTAIN TAXPAYER IDEN- preceding the most recent request under this ‘‘(20), or (21)’’. TITY INFORMATION.— clause, (f) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Section 6103(l) of the In- ending with the date of the most recent re- (1) IN GENERAL.—There are authorized to be ternal Revenue Code of 1986 is amended by quest under this clause. appropriated to the Secretary such sums as adding at the end the following new para- ‘‘(B) RESTRICTION ON DISCLOSURE.—The are necessary to carry out the amendments graph: Commissioner of Social Security shall dis- made by this section. ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER close taxpayer identity information under (2) LIMITATION ON VERIFICATION RESPON- IDENTITY INFORMATION BY SOCIAL SECURITY subparagraph (A) only for purposes of, and to SIBILITIES OF COMMISSIONER OF SOCIAL SECU- ADMINISTRATION TO DEPARTMENT OF HOME- the extent necessary in— RITY.—The Commissioner of Social Security LAND SECURITY.— ‘‘(i) establishing and enforcing employer is authorized to perform activities with re- ‘‘(A) IN GENERAL.—From taxpayer identity participation in the System, spect to carrying out the Commissioner’s re- information which has been disclosed to the ‘‘(ii) carrying out, including through civil sponsibilities in this title or the amend- Social Security Administration and upon administrative and civil judicial pro- ments made by this title, but only to the ex- written request by the Secretary of Home- ceedings, of sections 212, 217, 235, 237, 238, tent the Secretary has provided, in advance, land Security, the Commissioner of Social 274A, 274B, and 274C of the Immigration and funds to cover the Commissioner’s full costs Security shall disclose directly to officers, Nationality Act, and in carrying out such responsibilities. In no employees, and contractors of the Depart- ‘‘(iii) the civil operation of the Alien Ter- case shall funds from the Federal Old-Age ment of Homeland Security the following in- rorist Removal Court. and Survivors Insurance Trust Fund or the formation: ‘‘(C) REIMBURSEMENT.—The Commissioner Federal Disability Insurance Trust Fund be ‘‘(i) DISCLOSURE OF EMPLOYER NO-MATCH NO- of Social Security shall prescribe a reason- used to carry out such responsibilities. TICES.—Taxpayer identity information of able fee schedule for furnishing taxpayer (g) EFFECTIVE DATES.— each person who has filed an information re- identity information under this paragraph (1) IN GENERAL.—The amendments made by turn required by reason of section 6051 dur- and collect such fees in advance from the subsections (a), (b), (c), and (d) shall take ef- ing calendar year 2006, 2007, or 2008 which Secretary of Homeland Security. fect on the date that is 180 days after the contains— ‘‘(D) TERMINATION.—This paragraph shall date of the enactment of this Act. ‘‘(I) more than 100 names and taxpayer not apply to any request made after the date (2) SUBSECTION (e).— identifying numbers of employees (within which is 3 years after the date of the enact- (A) IN GENERAL.—The amendments made the meaning of such section) that did not ment of this paragraph.’’. by subsection (e) shall apply to disclosures match the records maintained by the Com- (2) COMPLIANCE BY DHS CONTRACTORS WITH made after the date of the enactment of this missioner of Social Security, or CONFIDENTIALITY SAFEGUARDS.— Act.

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(B) CERTIFICATIONS.—The first certification U.S.C. 1324b(a)) is amended by adding at the SAFE visa to each alien who is a national of under section 6103(p)(9)(D) of the Internal end the following: a NAFTA or CAFTA-DR country and who Revenue Code of 1986, as added by subsection ‘‘(7) ANTIDISCRIMINATION REQUIREMENTS OF meets the requirements under subsection (b), (e)(2), shall be made with respect to calendar THE ELECTRONIC EMPLOYMENT VERIFICATION to perform services in the United States in year 2007. SYSTEM.—It is an unfair immigration-related accordance with this section. SEC. 302. EMPLOYER COMPLIANCE FUND. employment practice for a person or other ‘‘(b) REQUIREMENTS FOR ADMISSION.—An Section 286 (8 U.S.C. 1356) is amended by entity, in the course of the electronic alien is eligible for a SAFE visa if the alien— adding at the end the following new sub- verification process described in section ‘‘(1) has a residence in a NAFTA or section: 274A(d)— CAFTA-DR country, which the alien has no intention of abandoning; ‘‘(w) EMPLOYER COMPLIANCE FUND.— ‘‘(A) to terminate or undertake any ad- ‘‘(2) applies for an initial SAFE visa while ‘‘(1) IN GENERAL.—There is established in verse employment action due to a tentative the general fund of the Treasury, a separate nonconfirmation; in the alien’s country of nationality; account, which shall be known as the ‘Em- ‘‘(B) to use the verification system for ‘‘(3) establishes that the alien has received ployer Compliance Fund’ (referred to in this screening of an applicant prior to an offer of a job offer from an employer who has com- plied with the requirements under subsection subsection as the ‘Fund’). employment; (c); ‘‘(2) DEPOSITS.—There shall be deposited as ‘‘(C) except as described in section ‘‘(4) undergoes a medical examination (in- offsetting receipts into the Fund all civil 274A(d)(3)(B), to use the verification system cluding a determination of immunization monetary penalties collected by the Sec- for a current employee after the first 3 days status), at the alien’s expense, that conforms retary of Homeland Security under section of employment, or for the reverification of to generally accepted standards of medical 274A. an employee after the employee has satisfied practice; ‘‘(3) PURPOSE.—Amounts refunded to the the process described in section 274A(d); or ‘‘(5) passes all appropriate background Secretary from the Fund shall be used for ‘‘(D) to require an individual to make an checks, as determined by the Secretary of the purposes of enhancing and enforcing em- inquiry under the self-verification proce- Homeland Security; ployer compliance with section 274A. dures established in section ‘‘(6) submits a completed application, on a ‘‘(4) AVAILABILITY OF FUNDS.—Amounts de- 274A(d)(8)(E)(iii).’’. form designed by the Secretary of Homeland posited into the Fund shall remain available (d) INCREASE IN CIVIL MONEY PENALTIES.— Security; and until expended and shall be refunded out of Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is ‘‘(7) pays a visa issuance fee, in an amount the Fund by the Secretary of the Treasury, amended— determined by the Secretary of State to be at least on a quarterly basis, to the Sec- (1) in subparagraph (B)(iv)— equal to not less than the cost of processing retary of Homeland Security.’’. (A) in subclause (I), by striking ‘‘$250 and not more than $2,000’’ and inserting ‘‘$1,000 and adjudicating such application. SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT ‘‘(c) EMPLOYER RESPONSIBILITIES.—An em- AND FRAUD DETECTION AGENTS. and not more than $4,000’’; (B) in subclause (II), by striking ‘‘$2,000 ployer seeking to hire a national of a (a) INCREASE IN NUMBER OF PERSONNEL.— NAFTA or CAFTA-DR country under this and not more than $5,000’’ and inserting The Secretary shall, subject to the avail- section shall— ‘‘$4,000 and not more than $10,000’’; ability of appropriations for such purpose, ‘‘(1) submit a request to the Secretary of (C) in subclause (III), by striking ‘‘$3,000 annually increase, by not less than 2,200, the Labor for a certification under subsection (d) and not more than $10,000’’ and inserting number of personnel of the Bureau of Immi- that there is a shortage of workers in the oc- ‘‘$6,000 and not more than $20,000’’; and gration and Customs Enforcement during the cupational classification and geographic (D) in subclause (IV), by striking ‘‘$100 and 5-year period beginning on the date of the area for which the foreign worker is sought; not more than $1,000’’ and inserting ‘‘$500 and enactment of this Act. ‘‘(2) submit to each foreign worker a writ- not more than $5,000’’. (b) USE OF PERSONNEL.—The Secretary ten employment offer that sets forth the (e) INCREASED FUNDING OF INFORMATION shall ensure that not less than 25 percent of rate of pay at a rate that is not less than the CAMPAIGN.—Section 274B(l)(3) (8 U.S.C. all the hours expended by personnel of the greater of— 1324b(l)(3)) is amended by inserting ‘‘and an Bureau of Immigration and Customs En- ‘‘(A) the prevailing wage for such occupa- additional $40,000,000 for each of fiscal years forcement shall be used to enforce compli- tional classification in such geographic area; 2007 through 2009’’ before the period at the ance with sections 274A and 274C of the Im- or end. migration and Nationality Act (8 U.S.C. ‘‘(B) the applicable minimum wage in the (f) EFFECTIVE DATE.—The amendments 1324a and 1324c). State in which the worker will be employed; (c) AUTHORIZATION OF APPROPRIATIONS.— made by this section shall take effect on the date of the enactment of this Act and shall ‘‘(3) provide the foreign worker one-time There are authorized to be appropriated to transportation from the country of origin to the Secretary for each of the fiscal years 2007 apply to violations occurring on or after such date. the place of employment and from the place through 2011 such sums as may be necessary of employment to the country of origin, the to carry out this section. SA 4100. Mr. GRASSLEY submitted cost of which may be deducted from the SEC. 304. CLARIFICATION OF INELIGIBILITY FOR worker’s pay under an employment agree- MISREPRESENTATION. an amendment intended to be proposed ment; and Section 212(a)(6)(C)(ii)(I) (8 U.S.C. by him to the bill S. 2611, to provide for ‘‘(4) withhold and remit appropriate pay- 1182(a)(6)(C)(ii)(I)), is amended by striking comprehensive immigration reform roll deductions to the Internal Revenue ‘‘citizen’’ and inserting ‘‘national’’. and for other purposes; which was or- Service. SEC. 305. ANTIDISCRIMINATION PROTECTIONS. dered to lie on the table; as follows: ‘‘(d) LABOR CERTIFICATION.—Upon receiving (a) APPLICATION OF PROHIBITION OF DIS- On page 540, strike line 11 and all that fol- a request from an employer under subsection CRIMINATION TO VERIFICATION SYSTEM.—Sec- lows through page 549, line 25. (c)(1), the Secretary of Labor shall— tion 274B(a)(1) (8 U.S.C. 1324b(a)(1)) is amend- ‘‘(1) determine if there are sufficient ed by inserting ‘‘, the verification of the in- SA 4101. Mrs. HUTCHISON (for her- United States workers who are able, willing, dividual’s work authorization through the qualified, and available to fill the position in Electronic Employment Verification System self and Mr. BOND) submitted an which the alien is, or will be employed, based described in section 274A(d),’’ after ‘‘the indi- amendment intended to be proposed by on the national unemployment rate and the vidual for employment’’. her to the bill S. 2611, to provide for number of workers needed in the occupa- (b) CLASSES OF ALIENS AS PROTECTED INDI- comprehensive immigration reform tional classification and geographic area for VIDUALS.—Section 274B(a)(3)(B) (8 U.S.C. and for other purposes; which was or- which the foreign worker is sought; and 1324b(a)(3)(B)) is amended to read as follows: dered to lie on the table; as follows: ‘‘(2) if the Secretary determines under ‘‘(B) is an alien who is— On page 313, after line 22, add the fol- paragraph (1) that there are insufficient ‘‘(i) lawfully admitted for permanent resi- lowing: United States workers, provide the employer dence; with labor shortage certification for the oc- ‘‘(ii) granted the status of an alien lawfully Subtitle C—Secure Authorized Foreign cupational classification for which the work- admitted for temporary residence under sec- Employee Visa Program er is sought. tion 210(a) or 245(a)(1); SEC. 441. ADMISSION OF TEMPORARY GUEST ‘‘(e) PERIOD OF AUTHORIZED ADMISSION.— ‘‘(iii) admitted as a refugee under section WORKERS. ‘‘(1) DURATION.—A SAFE visa worker may 207; (a) IN GENERAL.—Chapter 2 of title II (8 remain in the United States for not longer ‘‘(iv) granted asylum under section 208; U.S.C. 1181 et seq.), as amended by this title than 10 months during the 12-month period ‘‘(v) granted the status of a nonimmigrant and title VI, is further amended by inserting for which the visa is issued. under section 101(a)(15)(H)(ii)(c); after section 218 the following: ‘‘(2) RENEWAL.—A SAFE visa may be re- ‘‘(vi) granted temporary protected status ‘‘SEC. 218I. SECURE AUTHORIZED FOREIGN EM- newed for additional 10-month work periods under section 244; or PLOYEE (SAFE) VISA PROGRAM. under the requirements described in this sec- ‘‘(vii) granted parole under section ‘‘(a) AUTHORIZATION.—Not later than 1 year tion. 212(d)(5).’’. after the date of the enactment of this Act, ‘‘(3) VISITS OUTSIDE UNITED STATES.—Under (c) REQUIREMENTS FOR ELECTRONIC EMPLOY- the Secretary of State shall, subject to the regulations established by the Secretary of MENT VERIFICATION.—Section 274B(a) (8 numeric limits under subsection (i), award a Homeland Security, a SAFE visa worker—

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‘‘(A) may travel outside of the United ‘‘(k) REPORTING REQUIREMENT.—Not later retary of Homeland Security, after consulta- States; and than 3 years after the implementation of the tion with the Secretary of State and the At- ‘‘(B) may be readmitted without having to SAFE visa program, the President shall sub- torney General, may conclude in such Sec- obtain a new visa if the period of authorized mit a detailed report to Congress on the sta- retary’s sole unreviewable discretion that admission has not expired. tus of the program, including the number of subclause (IV)(bb), (VI), or (VII) of sub- ‘‘(4) LOSS OF EMPLOYMENT.—The period of visas issued and the feasibility of expanding section (a)(3)(B)(i) shall not apply to an authorized admission under this section the program. alien, that subsection (a)(3)(B)(iv)(VI) shall shall terminate if the SAFE visa worker is ‘‘(l) DEFINITIONS.—In this section: not apply with respect to any material sup- unemployed for 60 or more consecutive days. ‘‘(1) NAFTA OR CAFTA-DR COUNTRY.—The port an alien afforded to an organization (or Any SAFE visa worker whose period of au- term ‘NAFTA or CAFTA-DR country’ means its members) or individual that has engage thorized admission terminates under this any country (except for the United States) in a terrorist activity, or that subsection paragraph shall be required to leave the that has signed the North American Free (a)(3)(B)(vi)(III) shall not apply to a group, or United States. Trade Agreement or the Central America- to a subgroup of such group, within the scope ‘‘(5) RETURN TO COUNTRY OF ORIGIN.—A Dominican Republic-United States Free of that subsection. The Secretary of State SAFE visa worker may not apply for lawful Trade Agreement. may not, however, exercise discretion under permanent residence or any other visa cat- ‘‘(2) SAFE VISA.—The term ‘SAFE visa’ this clause with respect to an alien once re- egory until the worker has relinquished the means a visa authorized under this section.’’. moval proceedings against the alien are in- SAFE visa and returned to the worker’s (b) CLERICAL AMENDMENT.—The table of stituted under section 240.’’. country of origin. contents (8 U.S.C. 1101) is amended by insert- (g) ing after the item relating to section 218H, ‘‘(6) FAILURE TO COMPLY.—If a SAFE visa Mr. SALAZAR submitted an worker fails to comply with the terms of the as added by section 615, the following: SA 4104. amendment intended to be proposed by SAFE visa, the worker will be permanently ‘‘Sec. 218I. Secure Authorized Foreign Em- ineligible for the SAFE visa program. ployee Visa Program.’’. him to the bill S. 2611, to provide for ‘‘(f) EVIDENCE OF NONIMMIGRANT STATUS.— comprehensive immigration reform Each SAFE visa worker shall be issued a SA 4102. Mr. SCHUMER (for himself and for other purposes; which was or- SAFE visa card, which— and Mr. MENENDEZ) submitted an dered to lie on the table; as follows: ‘‘(1) shall be machine-readable, tamper-re- amendment intended to be proposed by At the end, of subtitle A of title I, insert sistant, and allow for biometric authentica- him to the bill S. 2611, to provide for the following: tion; comprehensive immigration reform SEC. ll. NATIONAL SECURITY DETERMINATION ‘‘(2) shall be designed in consultation with FOR CONSTRUCTION OF ADDI- the Forensic Document Laboratory of the and for other purposes; which was or- TIONAL FENCING. Bureau of Immigration and Customs En- dered to lie on the table; as follows: Notwithstanding section 106 or any other forcement; and At the appropriate place, insert the fol- provision of law, after the date of the enact- ‘‘(3) shall, during the alien’s authorized pe- lowing: ment of this Act the President may not per- riod of admission under subsection (e), serve SEC. ll. PUBLIC ACCESS TO THE STATUE OF mit the construction of any additional fenc- as a valid entry document for the purpose of LIBERTY. ing along the international border between entering the United States. Not later than 60 days after the date of the the United States and Mexico until after the ‘‘(g) SOCIAL SERVICES.— enactment of this Act, the Secretary of the date that President makes a determination ‘‘(1) IN GENERAL.—SAFE visa workers are Interior shall ensure that all persons who that the construction of such additional not eligible for Federal, State, or local gov- satisfy reasonable and appropriate security fencing will strengthen the national security ernment-sponsored social services. measures shall have full access to the public of the United States. ‘‘(2) SOCIAL SECURITY.—Upon request, a areas of the Statue of Liberty, including the SAFE visa worker shall receive the total em- crown and the stairs leading thereto. SA 4105. Mr. COLEMAN submitted an ployee portion of the Social Security con- amendment intended to be proposed by tributions withheld from the worker’s pay. SA 4103. Mr. LEAHY (for himself, Mr. him to the bill S. 2611, to provide for Any worker who receives such contributions COLEMAN, Mr. LIEBERMAN, Mr. KEN- comprehensive immigration reform shall be permanently ineligible to renew a NEDY, Mr. CHAFEE, Mr. HARKIN, and Mr. and for other purposes; which was or- SAFE visa under subsection (e)(2). BINGAMAN) submitted an amendment dered to lie on the table; as follows: ‘‘(3) MEDICARE.—Amounts withheld from At the appropriate place insert the fol- the SAFE visa workers’ pay for Medicare intended to be proposed by him to the lowing: contributions shall be used to pay for un- bill S. 2611, to provide for comprehen- sive immigration reform and for other SEC. lll. FAIRNESS IN THE STUDENT AND EX- compensated emergency health care pro- CHANGE VISITOR INFORMATION vided to noncitizens. purposes; which was ordered to lie on SYSTEM. ‘‘(h) PERMANENT RESIDENCE; CITIZENSHIP.— the table; as follows: (a) REDUCED FEE FOR SHORT-TERM STUDY.— Nothing in this section shall be construed to On page 65, line 24, strike ‘‘f’’ and insert (1) IN GENERAL.—Section 641(e)(4)(A) of the provide a SAFE visa worker with eligibility the following; Illegal Immigration Reform and Immigrant to apply for legal permanent residence or a (f) TERRORIST ORGANIZATIONS.— Responsibility Act of 1996 (8 U.S.C. path towards United States citizenship. (1) DEFINITIONS.—Section 212(a)(3)(B)(vi) (8 1372(e)(4)(A)) is amended by striking the sec- ‘‘(i) NUMERICAL LIMITS.— U.S.C. 1182(a)(3)(B)(vi)) is amended by strik- ond sentence and inserting ‘‘Except as pro- ‘‘(1) ANNUAL LIMITS.—Except as provided ing subclause (III) and inserting the fol- vided in subsection (g)(2), the fee imposed on under paragraphs (2) and (3), the number of lowing: any individual may not exceed $100, except SAFE visas authorized under this section ‘‘(III) that is a group of two or more indi- that in the case of an alien admitted under shall not exceed 200,000 per fiscal year. viduals, whether organized or not, which en- subparagraph (J) of section 101(a)(15) of the ‘‘(2) WAIVER.—The President may waive gages in, or has a subgroup which engages in, Immigration and Nationality Act (8 U.S.C. the limit under paragraph (1) for a specific the activities described in subclauses (I) 1101(a)(15)) as an au pair, camp counselor, or fiscal year by certifying that additional for- through (VI) of clause (iv), and that these ac- participant in a summer work travel pro- eign workers are needed in that fiscal year. tivities threaten the security of United gram, the fee shall not exceed $35 and that in ‘‘(3) INCREMENTAL ADJUSTMENTS.—If the States nationals or the national security of the case of an alien admitted under subpara- President certifies that additional foreign the United States. graph (F) of such section 101(a)(15) for a pro- workers are needed in a specific year, the ‘‘(vii) APPLICABILITY.—Clause (iv)(VI) shall gram that will not exceed 90 days, the fee Secretary of State may increase the number not apply to— shall not exceed $35.’’. of SAFE visas available in that fiscal year ‘‘(I) any active or former member of the (2) TECHNICAL AMENDMENTS.—Such section by the number of additional workers cer- Armed Forces of the United States with re- 641(e)(4)(A) is further amended— tified under paragraph (2). gard to activities undertaken in the course (A) in the first sentence, by striking ‘‘At- ‘‘(4) CONGRESSIONAL OVERSIGHT.—The Presi- of official military duties; or torney General’’ and inserting ‘‘Secretary of dent shall transmit to Congress all certifi- ‘‘(II) any alien determined not to be a Homeland Security’’; and cations authorized in this section. threat to the security of United Stales na- (B) in the third sentence, by striking ‘‘At- ‘‘(5) ALLOCATION OF SAFE VISAS DURING A tionals or the national security of the United torney General’s’’ and inserting ‘‘Sec- FISCAL YEAR.—Not more than 50 percent of States and who is not otherwise inadmissible retary’s’’. the total number of SAFE visas available in on security related grounds under this sub- (b) RECREATIONAL COURSES.—Notwith- each fiscal year may be allocated to aliens paragraph.’’. standing any other provision of law, not who will enter the United States pursuant to (2) TEMPORARY ADMISSION OF NON-IMMI- later than 60 days after the date of enact- such visa during the first 6 months of such GRANTS.—Section 212(d)(3)(B)(i) (8 U.S.C. ment of this Act, the Secretary of State fiscal year. 1182(d)(3)(B)(i)) is amended to read as follows: shall issue appropriate guidance to consular ‘‘(j) SAVINGS PROVISION.—Nothing in this ‘‘(i) The Secretary of State, after consulta- officers to in order to give appropriate dis- section shall be construed to affect any other tion with the Attorney General and the Sec- cretion, according to criteria developed at visa program authorized by Federal law. retary of Homeland Security, or the Sec- each post and approved by the Secretary of

VerDate Aug 31 2005 04:58 May 23, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.057 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4913 State, so that a course of a duration no more (i) by striking ‘‘fine of not more than ‘‘(I) discharged or otherwise discriminated than 1 semester (or its equivalent), and not $10,000’’ and inserting ‘‘fine in accordance against an employee in violation of sub- awarding certification, license or degree, is with section 3571 of title 18, United States section (a)(3) of section 8; considered recreational in nature for pur- Code,’’; ‘‘(II) threatened to discharge or to other- poses of determining appropriateness for vis- (ii) by striking ‘‘six months’’ and inserting wise discriminate against an employee in itor status. ‘‘10 years’’; violation of subsection (a)(1) of section 8; or (iii) by inserting ‘‘under this subsection or ‘‘(III) engaged in any other unfair labor SA 4106. Mr. KENNEDY submitted an subsection (i)’’ after ‘‘first conviction of such practice within the meaning of subsection amendment intended to be proposed by person’’; (a)(1) of section 8 that significantly inter- him to the bill S. 2611, to provide for (iv) by striking ‘‘fine of not more than feres with, restrains, or coerces employees in comprehensive immigration reform $20,000’’ and inserting ‘‘fine in accordance the exercise of the rights guaranteed in sec- and for other purposes; which was or- with section 3571 of title 18, United States tion 7; and Code,’’; and ‘‘(ii) the discharge, discrimination, threat, dered to lie on the table; as follows: (v) by striking ‘‘one year’’ and inserting or practice described in clause (i) occurred— At the end, insert the following: ‘‘20 years’’; ‘‘(I) while employees of that employer were TITLE VIII—LABOR PROTECTIONS (B) in subsection (f), by striking ‘‘fine of seeking representation by a labor organiza- SEC. 801. SHORT TITLE. not more than $1,000 or by imprisonment for tion; or This title may be cited as the ‘‘Enhanced not more than six months,’’ and inserting ‘‘(II) during the period after a labor organi- Enforcement of Labor Protections for United ‘‘fine in accordance with section 3571 of title zation was recognized as a representative as States Workers and Guest Workers Act’’. 18, United States Code, or by imprisonment described in section 9(a) and before the first SEC. 802. VIOLATIONS OF THE FAIR LABOR for not more than 2 years,’’; collective bargaining agreement was entered STANDARDS ACT OF 1938. (C) in subsection (g), by striking ‘‘fine of into between the employer and the rep- Section 16 of the Fair Labor Standards Act not more than $10,000, or by imprisonment resentative; or of 1938 (29 U.S.C. 216) is amended— for not more than six months,’’ and inserting ‘‘(B) that any person has engaged in an un- (1) in subsection (b), by striking ‘‘equal ‘‘fine in accordance with section 3571 of title fair labor practice within the meaning of amount as liquidated damages’’ the first 18, United States Code, or by imprisonment subparagraph (A), (B) or (C) of section 8(b)(4), place it appears and inserting ‘‘amount equal for not more than 1 year,’’; section 8(b)(7), or section 8(e); to twice the amount of such unpaid min- (D) by redesignating subsections (i) the preliminary investigation of such charge imum wages or unpaid overtime compensa- through (l) as subsections (j) through (m), re- shall be made forthwith and given priority tion, as the case may be, as liquidated dam- spectively; and over all other cases except cases of like char- ages’’; and (E) by inserting after subsection (h) the acter in the office where it is filed or to (2) in subsection (e)— following: which it is referred.’’. (A) by striking ‘‘$10,000’’ and inserting ‘‘(i) Any employer who willfully violates (2) CONFORMING AMENDMENT.—Section ‘‘$50,000’’; and any standard, rule, or order promulgated 10(m) of the National Labor Relations (29 (B) by striking ‘‘$1,000’’ and inserting pursuant to section 6, or any regulation pre- U.S.C. 160(m)) is amended by inserting ‘‘$10,000’’. scribed pursuant to this Act, and that viola- ‘‘under circumstances not described in sec- SEC. 803. VIOLATIONS OF THE OCCUPATIONAL tion causes serious bodily injury to any em- tion 10(l)(1)’’ after ‘‘section 8’’. SAFETY AND HEALTH ACT. ployee but does not cause death to any em- (b) REMEDIES FOR VIOLATIONS.— (a) CIVIL PENALTIES.—Section 17 of the Oc- ployee, shall, upon conviction, be punished (1) BACKPAY.—Section 10(c) of the National cupational Safety and Health Act of 1970 (29 by a fine in accordance with section 3571 of Labor Relations Act (29 U.S.C. 160(c)) is U.S.C. 666) is amended— title 18, United States Code, or by imprison- amended by striking ‘‘And provided further,’’ (1) in subsection (a)— ment for not more than 5 years, or by both, and inserting ‘‘Provided further, That if the (A) by striking ‘‘$70,000’’ and inserting except that if the conviction is for a viola- Board finds that an employer has discrimi- ‘‘$100,000’’; tion committed after a first conviction of nated against an employee in violation of (B) by striking ‘‘$5,000’’ and inserting such person under this subsection or sub- section 8(a)(3) while employees of the em- ‘‘$7,000’’; and section (e), punishment shall be by a fine in ployer were seeking representation by a (C) by adding at the end the following: ‘‘If accordance with section 3571 of title 18, labor organization, or during the period after such a violation causes the death of an em- United States Code, or by imprisonment for a labor organization was recognized as a rep- ployee, such civil penalty amounts shall be not more than 10 years, or by both.’’. resentative as described in section 9(a) and increased to not more than $250,000 for such (2) JURISDICTION FOR PROSECUTION UNDER before the first collective bargaining agree- violation, but not less than $50,000 for such STATE AND LOCAL CRIMINAL LAWS.—Section 17 ment was entered into between the employer violation.’’; of the Occupational Safety and Health Act of and the representative, the Board in such (2) in subsection (b)— 1970 (29 U.S.C. 666) (as amended by this sec- order shall award the employee an amount of (A) by striking ‘‘$7,000’’ and inserting tion) is further amended by adding at the backpay and, in addition, 2 times that ‘‘$10,000’’; and end the following: amount as liquidated damages: Provided fur- (B) by adding at the end the following: ‘‘If ‘‘(n) Nothing in this Act shall preclude a ther,’’. such a violation causes the death of an em- State or local law enforcement agency from (2) CIVIL PENALTIES.—Section 12 of the Na- ployee, such civil penalty amount shall be conducting criminal prosecutions in accord- tional Labor Relations Act (29 U.S.C. 162) is increased to not more than $50,000 for such ance with the laws of such State or local- amended— violation, but not less than $20,000 for such ity.’’. (A) by striking ‘‘Any’’ and inserting ‘‘(a) violation.’’; (3) DEFINITION.—Section 3 of the Occupa- Any’’; and (3) in subsection (c)— tional Safety and Health Act of 1970 (29 (B) by adding at the end the following: (A) by striking ‘‘$7,000’’ and inserting U.S.C. 652) is amended by adding at the end ‘‘(b) Any employer who willfully or repeat- ‘‘$10,000’’; and the following: edly commits any unfair labor practice with- (B) by adding at the end the following: ‘‘If ‘‘(15) The term ‘serious bodily injury’ in the meaning of subsection (a)(1) or (a)(3) such a violation causes the death of an em- means bodily injury that involves— of section 8 while employees of the employer ployee, such civil penalty amount shall be ‘‘(A) a substantial risk of death; were seeking representation by a labor orga- increased to not more than $50,000 for such ‘‘(B) protracted unconsciousness; nization, or during the period after a labor violation, but not less than $20,000 for such ‘‘(C) protracted and obvious physical dis- organization was recognized as a representa- violation.’’; figurement; or tive as described in section 9(a) and before (4) in subsection (d)— ‘‘(D) protracted loss or protracted impair- the first collective bargaining contract was (A) by striking ‘‘$7,000’’ and inserting ment, of the function of a bodily member, entered into between the employer and the ‘‘$10,000’’; and organ, or mental faculty.’’. representative shall be subject to, in addi- (B) by adding at the end the following: ‘‘If tion to any make-whole remedy ordered, a SEC. 804. STRENGTHENING ENFORCEMENT. such a violation causes the death of an em- civil penalty of not more than $20,000 for ployee, such civil penalty amount shall be (a) INJUNCTIONS AGAINST UNFAIR LABOR each violation. In determining the amount of increased to not more than $50,000 for such PRACTICES DURING ORGANIZING DRIVES.— any penalty under this subsection, the Board violation, but not less than $20,000 for such (1) IN GENERAL.—Section 10(l) of the Na- shall consider the gravity of the unfair labor violation.’’; and tional Labor Relations Act (29 U.S.C. 160(l)) practice and the impact of the unfair labor (5) in subsection (i), by striking ‘‘$7,000’’ is amended— practice on the charging party, on other per- and inserting ‘‘$10,000’’. (A) in the second sentence, by striking ‘‘If, sons seeking to exercise rights guaranteed (b) CRIMINAL PENALTIES.— after such’’ and inserting the following: by this Act, or on the public interest.’’. (1) IN GENERAL.—Section 17 of the Occupa- ‘‘(2) If, after such’’; and SEC. 805. USE OF FEES. tional Safety and Health Act of 1970 (29 (B) by striking the first sentence and in- (a) FEES PAID BY H–2C NONIMMIGRANTS.— U.S.C. 666) (as amended by subsection (a)) is serting the following: ‘‘(1) Whenever it is Section 218A, as added by section 403(a)(1) of further amended— charged that— this Act, is amended by striking subsection (A) in subsection (e)— ‘‘(A)(i) any employer— (l) and inserting the following:

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‘‘(l) COLLECTION OF FEES.—Fees collected SEC. 807. LIABILITY IN CERTAIN CASES BASED ‘‘(v) an estimate of the number of individ- under this section shall be allocated as fol- ON IMMIGRATION STATUS. uals who will be affected by the agreement, lows: Notwithstanding any other provision of ‘‘(vi) an assessment of the integrity of the ‘‘(1) 75 percent of such fees shall be depos- law, an alien who is subject to an unlawful retirement data and records (including birth, ited in the Treasury in accordance with sec- employment practice by an employer may death, and marriage records) of the other tion 286(c). not be denied backpay or other monetary re- country that is the subject of the agreement, ‘‘(2) 25 percent of such fees shall be depos- lief for such unlawful employment practice and ited in the Labor Law Enforcement Fund es- on the basis of the alien’s immigration sta- ‘‘(vii) an assessment of ability of such tablished in section 286(y).’’. tus. country to track and monitor recipients of (b) FEES PAID BY EMPLOYERS.—Section SEC. 808. DEPARTMENT OF LABOR BILINGUAL benefits under such agreement. 218B, as added by section 404(a) of this Act, is STAFF REQUIREMENT. ‘‘(B) If any separate agreement or other amended by striking subsection (a) and in- (a) REQUIREMENT FOR BILINGUAL STAFF.— understanding with another country (wheth- serting the following: The Secretary of Labor shall make every ef- er oral or in writing) relating to an agree- ‘‘(a) GENERAL REQUIREMENTS.— fort to ensure that, not later than 5 years ment to establish a totalization arrangement ‘‘(1) EMPLOYER REQUIREMENTS.—Each em- after the date of enactment of this Act, not under this section is not disclosed to the ployer who employs an H–2C nonimmigrant less than 25 percent of the investigative staff Congress in the transmittal to the Congress shall— of the Department of Labor shall be fluent in under this paragraph of the agreement to es- ‘‘(A) file a petition in accordance with sub- a language in addition to English. The re- tablish a totalization arrangement, then section (b); and quirement of this section shall not be such separate agreement or understanding ‘‘(B) pay the appropriate fee, as determined grounds for the termination of any employee shall not be considered to be part of the by the Secretary of Labor. employed by the Department of Labor on the agreement approved by the Congress under ‘‘(2) USE OF FEES.—The fees collected under date of enactment of this Act, nor for the re- this section and shall have no force and ef- paragraph (1)(B) shall be allocated as fol- duction of any staff levels in the Department fect under United States law. lows: of Labor as of such date. ‘‘(3) For purposes of this subsection, the ‘‘(A) 75 percent of such fees shall be depos- (b) ANNUAL REPORT.—The Secretary of term ‘approval resolution’ means a joint res- ited in the Treasury in accordance with sec- Labor shall submit to the Committee on olution, the matter after the resolving tion 286(c). Health, Education, Labor, and Pensions of clause of which is as follows: ‘That the pro- ‘‘(B) 25 percent of such fees shall be depos- the Senate and the Committee on Education posed agreement entered into pursuant to ited in the Labor Law Enforcement Fund es- and the Workforce of the House of Rep- section 233 of the Social Security Act be- tablished in section 286(y).’’. resentatives an annual report on the tween the United States and lllllll (c) LABOR LAW ENFORCEMENT FUND.—Sec- progress made to carry out subsection (a). establishing totalization arrangements be- tion 286 (8 U.S.C. 1356), as amended by sec- SA 4107. Mr. ENSIGN submitted an tween the social security system established tions 302 and 403(b), is further amended by by title II of such Act and the social security adding at the end the following new sub- amendment intended to be proposed by system of lllllll, transmitted to the section: him to the bill S. 2611, to provide for Congress by the President on llllll, is ‘‘(y) LABOR LAW ENFORCEMENT FUND.— comprehensive immigration reform hereby approved.’, the first two blanks there- ‘‘(1) IN GENERAL.—There is established in and for other purposes; as follows: in being filled with the name of the country the general fund of the Treasury, a separate At the appropriate place, insert the fol- with which the United States entered into account, which shall be known as the ‘Labor lowing: the agreement, and the third blank therein Law Enforcement Fund’ (referred to in this SEC. ll. PROTECTION OF THE INTEGRITY OF being filled with the date of the transmittal subsection as the ‘Fund’). THE SOCIAL SECURITY SYSTEM. of the agreement to the Congress. ‘‘(2) DEPOSITS.—There shall be deposited as (a) TRANSMITTAL AND APPROVAL OF TOTAL- ‘‘(4) Whenever a document setting forth an offsetting receipts into the Fund the fees de- IZATION AGREEMENTS.—Section 233(e) of the agreement entered into under this section scribed in section 218A(l)(2) or 218B(a)(2). Social Security Act (42 U.S.C. 433(e)) is and the President’s report in support of the ‘‘(3) PURPOSE.—Amounts deposited in the amended to read as follows: agreement is transmitted to the Congress Fund shall be made available to the Sec- ‘‘(e)(1) Any agreement to establish a total- pursuant to paragraph (2), copies of such doc- retary of Labor to ensure that employers in ization arrangement which is entered into ument shall be delivered to both Houses of industries in the United States that employ with another country under this section Congress on the same day and shall be deliv- a high percentage of workers who are grant- shall enter into force with respect to the ered to the Clerk of the House of Representa- ed nonimmigrant status under section United States if (and only if)— tives if the House is not in session and to the 101(a)(15)(H)(ii)(c) comply with the provisions ‘‘(A) the President, at least 90 calendar Secretary of the Senate if the Senate is not of the Fair Labor Standards Act of 1938, the days before the date on which the President in session. Occupational Safety and Health Act of 1970, enters into the agreement, notifies each ‘‘(5) On the day on which a document set- and section 218B(b)(2), including ensuring House of the Congress of the President’s in- ting forth the agreement is transmitted to such compliance by random audits of such tention to enter into the agreement, and the House of Representatives and the Senate employers. promptly thereafter publishes notice of such pursuant to paragraph (1), an approval reso- ‘‘(4) AVAILABILITY OF FUNDS.—Amounts de- intention in the Federal Register, lution with respect to such agreement shall posited into the Fund shall remain available ‘‘(B) the President transmits the text of be introduced (by request) in the House by until expended and shall be refunded out of such agreement to each House of the Con- the majority leader of the House, for himself the Fund by the Secretary of the Treasury, gress as provided in paragraph (2), and or herself and the minority leader of the at least on a quarterly basis, to the Sec- ‘‘(C) an approval resolution regarding such House, or by Members of the House des- retary of Labor.’’. agreement has passed both Houses of the ignated by the majority leader and minority SEC. 806. PROTECTION FOR WHISTLEBLOWERS. Congress and has been enacted into law. leader of the House; and shall be introduced Section 218A, as added by section 403(a)(1) ‘‘(2)(A) Whenever an agreement referred to (by request) in the Senate by the majority of this Act, is amended by striking subpara- in paragraph (1) is entered into, the Presi- leader of the Senate, for himself or herself graph (A) of subsection (f)(3) and inserting dent shall transmit to each House of the and the minority leader of the Senate, or by the following: Congress a document setting forth the final Members of the Senate designated by the ‘‘(A) IN GENERAL.— legal text of such agreement and including a majority leader and minority leader of the ‘‘(i) PERIOD OF UNEMPLOYMENT.—Except as report by the President in support of such Senate. If either House is not in session on provided in clause (ii) and in subsection (c), agreement. The President’s report shall in- the day on which such an agreement is trans- the period of authorized admission of an H– clude the following: mitted, the approval resolution with respect 2C nonimmigrant shall terminate if the alien ‘‘(i) an estimate by the Chief Actuary of to such agreement shall be introduced in is unemployed for a period of 60 or more con- the Social Security Administration of the ef- that House, as provided in the proceeding secutive days. fect of the agreement, in the short term and sentence, on the first day thereafter on ‘‘(ii) EXTENSION OF PERIOD.— in the long term, on the receipts and dis- which that House is in session. The resolu- ‘‘(I) AUTHORITY.—The Secretary of Labor bursements under the social security system tion introduced in the House of Representa- may extend the 60-day period referred to in established by this title; tives shall be referred to the Committee on clause (i), if the alien has filed a complaint ‘‘(ii) a statement of any administrative ac- Ways and Means and the resolution intro- with the Secretary of Labor that alleges that tion proposed to implement the agreement duced in the Senate shall be referred to the a violation of a Federal labor law by the and how such action will change or affect ex- Committee on Finance.’’. alien’s employer caused the alien’s unem- isting law, (b) ADDITIONAL REPORTS AND EVALUA- ployment. ‘‘(iii) a statement describing whether and TIONS.—Section 233 of the Social Security ‘‘(II) DETERMINATION.—Not later than 45 how the agreement changes provisions of an Act (42 U.S.C. 433) is amended by adding at days after a complaint referred to in sub- agreement previously negotiated, the end the following new subsections: clause (I) is filed, the Secretary of Labor ‘‘(iv) a statement describing how and to ‘‘(f) BIENNIAL SSA REPORT ON IMPACT OF shall make a determination whether an ex- what extent the agreement makes progress TOTALIZATION AGREEMENTS.— tension under subclause (I) is warranted to in achieving the purposes, policies, and ob- ‘‘(1) For any totalization agreement trans- resolve the complaint.’’. jectives of this title, mitted to Congress on or after April 1, 2006,

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.058 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4915 the Commissioner of Social Security shall porting the nomination of Susan C. net safety curricula for grades kinder- submit a report to Congress and the Comp- Schwab to be United States Trade Rep- garten through 12—been more critical troller General that— resentative, with the rank of Ambas- and readily at hand. ‘‘(A) compares the estimates contained in sador Extraordinary and Pleni- i–SAFE America is one of the non- the report submitted to Congress under clauses (i) and (v) of subsection (e)(2)(A) with potentiary, Executive Office of the profit organizations that has worked respect to that agreement with the actual President, vice Robert J. Portman. tirelessly to educate our youth and our number of individuals affected by the agree- The PRESIDING OFFICER. without community on these important issues. ment and the actual effect of the agreement objection, it is so ordered. Formed in 1998, i–SAFE America edu- on social security system receipts and dis- COMMITTEE ON HOMELAND SECURITY AND cates youth in all 50 states Wash- bursements; and GOVERNMENTAL AFFAIRS ington, DC, and Department of Defense ‘‘(B) contains recommendations for adjust- Mr. GRASSLEY. Mr. President, I ask schools worldwide to ensure that they ing the methods used to make the estimates. unanimous consent that the Com- have a safe experience online. ‘‘(2) The report required under this sub- It is imperative that all Americans section shall be provided not later than 2 mittee on Homeland Security and Gov- years after the effective date of the total- ernmental Affairs be authorized to hold learn about the Internet safety strate- ization agreement that is the subject of the an off-the- floor markup during the ses- gies which will help keep their children report and biennially thereafter. sion on Monday, May 22, 2006, to con- safe from victimization. Consider the ‘‘(g) GAO EVALUATION AND REPORT.— sider the nominations of the Honorable facts: In the United States, about 90 ‘‘(1) EVALUATION OF INITIAL REPORT ON IM- Robert J. Portman to be Director, Of- percent of children between the ages of PACT OF TOTALIZATION AGREEMENTS.—With fice of Management and Budget; Robert 5 and 17 use computers, and about 59 respect to each initial report regarding a to- I. Cusick to be Director, Office of Gov- percent use the Internet. Approxi- talization agreement submitted under sub- mately 26 percent of children in that section (f), the Comptroller General of the ernment Ethics; and David L. Norquist United States shall conduct an evaluation of to be Chief Financial Officer, U.S. De- age group are online more than 5 hours the report that includes— partment of Homeland Security. a week, and 12 percent spend more time ‘‘(A) an evaluation of the procedures used The PRESIDING OFFICER. Without online than they do with their friends. by the Chief Actuary of the Social Security objection, it is so ordered. An alarming statistic is that 39 per- Administration and the President for mak- cent of youths in grades 5 through 12 in COMMITTEE ON HOMELAND SECURITY AND ing the estimates required by subsection GOVERNMENTAL AFFAIRS the United States admit giving out (e)(2(A); Mr. GRASSLEY. Mr. President, I ask their personal information, such as ‘‘(B) an evaluation of the procedures used their name, age, and gender over the by the President for determining the actual unanimous consent that the Com- number of individuals affected by the agree- mittee on Homeland Security and Gov- Internet. Furthermore, 11.5 percent of ment and the effects of the totalization ernmental Affairs be authorized to students in this age group have actu- agreement on receipts and disbursements meet on Monday, May 22, 2006, at 2 p.m. ally met face to face with a stranger under the social security system; and to consider the nomination of Lurita they met on the Internet. ‘‘(C) such recommendations as the Comp- Alexis Doan to be Administrator of the Most disturbing are the patterns of troller General determines appropriate . U.S. General Services Administration. Internet crimes against children. In ‘‘(2) REPORT.—Not later than 1 year after 1996, the Federal Bureau of the date of submission of an initial report re- The PRESIDING OFFICER. Without Objection, it is so ordered. Investgation was involved in 113 cases garding a totalization agreement under sub- involving Internet crimes against chil- section (f), the Comptroller General shall f submit to Congress a report setting forth the dren. In 2001, the FBI opened 1,541 cases results of the evaluation conducted under NATIONAL INTERNET SAFETY against people suspected of using the paragraph (1). MONTH Internet to commit crimes involving ‘‘(3) DATA COLLECTION.—The Commissioner child pornography or abuse. of Social Security shall collect and maintain Mr. FRIST. Mr. President, I ask Now is the time for America to focus the data necessary for the Comptroller Gen- unanimous consent that the Senate its attention on supporting Internet eral of the United States to conduct the now proceed to the consideration of S. safety, especially bearing in mind that evaluation required by paragraph (1).’’. Res. 486, which was submitted earlier children will soon be on summer vaca- (c) EFFECTIVE DATE.—The amendments today. tion and will spend more time online. made by this section shall apply with respect The PRESIDING OFFICER. The to agreements establishing totalization ar- Mr. FRIST. Mr. President, I ask clerk will report the resolution by title unanimous consent that the resolution rangements entered into under section 233 of The legislative clerk read as follows: the Social Security Act which are trans- be agreed to, the preamble be agreed mitted to the Congress on or after April 1, A resolution (S. Res. 486) designating June to, and the motion to reconsider be laid 2006. 2006 as ‘‘National Internet Safety Month.’’ upon the table. f There being no objection, the Senate The PRESIDING OFFICER. Without proceeded to consider the resolution. AUTHORITY FOR COMMITTEES TO objection, it is so ordered. Ms. MURKOWSKI. Mr. President, The resolution (S. Res. 486) was MEET today I introduced a resolution desig- agreed to. COMMITTEE ON ENERGY AND NATURAL nating June 2006 as National Internet The preamble was agreed to. RESOURCES Safety Month. I am pleased to have Mr. The resolution, with its preamble, Mr. GRASSLEY. Mr. President, I ask ALLEN, Mr. CRAIG, Mr. STEVENS, Mr. reads as follows: unanimous consent that the Com- VITTER, Ms. LANDRIEU, Mrs. DOLE, Mr. S. RES. 486 mittee on Energy and Natural Re- CRAPO, Mr. BURNS, Mrs. LINCOLN, Mr. Whereas, in the United States, more than sources be authorized to meet during WARNER, Mr. JOHNSON, Mr. ROBERTS, 90 percent of children between the ages of 5 the session of the Senate on Monday, Mr. SANTORUM, and Mr. DEWINE join years old and 17 years old, or approximately May 22 at 2:30 p.m. The purpose of this me in introducing this resolution. 47,000,000 children, now use computers; hearing is to receive testimony regard- The Internet has become one of the Whereas approximately 59 percent of chil- ing nuclear power provisions contained most significant advances in the twen- dren in that age group, or approximately 31,000,000 children, use the Internet; in the Energy Policy Act of 2005. tieth century and, as a result it affects The PRESIDING OFFICER. Without Whereas approximately 26 percent of the people’s lives in a positive manner each children of the United States in grades 5 objection, it is so ordered. day. However, this technology presents through 12 are online for more than 5 hours COMMITTEE ON FINANCE dangers that need to be brought to the a week; Mr. GRASSLEY. Mr. President, I ask attention of all Americans. Never be- Whereas approximately 12 percent of those unanimous consent that the Com- fore has the problem of online preda- children spend more time online than they mittee on Finance be authorized to tory behavior been more of a concern. spend interacting with their friends; meet during the session on Monday, Consider the pervasiveness of Internet Whereas approximately 53 percent of the children and teens of the United States like May 22, 2006, in S–219 of the Capitol, access by children and the rapid in- to be alone when ‘‘surfing’’ the Internet; Immediately following a vote ten- crease in Internet crime and predatory Whereas approximately 29 percent of those tatively scheduled for 5:30 p.m. on the behavior. Never before have powerful children believe that their parents would ex- Senate floor, to consider favorably re- educational solution’s—such as Inter- press concern, restrict their Internet use, or

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.041 S22MYPT1 rfake on PROD1PC64 with SENATE S4916 CONGRESSIONAL RECORD — SENATE May 22, 2006 take away their computer if their parents The resolution (S. Res. 487) was three of my colleagues and I introduced knew which sites they visited while surfing agreed to. last month. I call my colleagues’ atten- on the Internet; The preamble was agreed to. tion to my remarks on S. Res. 438 and Whereas approximately 32 percent of the The resolution, with its preamble, those of Senator LEAHY, which both ap- students of the United States in grades 5 reads as follows: through 12 feel that they have the skills to peared in the CONGRESSIONAL RECORD bypass protections offered by the installa- S. RES. 487 on April 7, 2006. tion of filtering software; Whereas women of all backgrounds have Mr. FRIST. I ask unanimous consent Whereas approximately 31 percent of the the power to greatly reduce their risk of that the resolution be agreed to, the youths of the United States have visited an common diseases through preventive meas- preamble be agreed to, the motion to inappropriate website on the Internet; ures such as a healthy lifestyle and frequent reconsider be laid upon the table, and Whereas approximately 18 percent of those medical screenings; any statements relating thereto be children have visited an inappropriate Whereas significant disparities exist in the printed in the RECORD. website more than once; prevalence of disease among women of dif- Whereas approximately 51 percent of the ferent backgrounds, including women with The PRESIDING OFFICER. Without students of the United States in grades 5 disabilities, African American women, Asian/ objection, it is so ordered. through 12 trust the individuals that they Pacific Islander women, Latinas, and Amer- The resolution (S. Res. 488) was chat with on the Internet; ican Indian/Alaska Native women; agreed to. Whereas approximately 33 percent of the Whereas since healthy habits should begin The preamble was agreed to. students of the United States in grades 5 at a young age, and preventive care saves The resolution, with its preamble, through 12 have chatted on the Internet with Federal dollars designated to health care, it reads as follows: an individual whom they have not met in is important to raise awareness among S. RES. 488 person; women and girls of key female health issues; Whereas the colleges and universities of Whereas approximately 11.5 percent of Whereas National Women’s Health Week the United States play a critically important those students have later met with a strang- begins on Mother’s Day annually and cele- role in educating young people; er with whom they chatted on the Internet; brates the efforts of national and community Whereas the colleges and universities of Whereas approximately 39 percent of the organizations working with partners and vol- the United States are responsible for helping youths of the United States in grades 5 unteers to improve awareness of key wom- to build and shape the educational founda- through 12 have admitted to giving out their en’s health issues; and tion of their students, as well as the values personal information, iincluding their name, Whereas in 2006, the week of May 14 of their students; age, and gender, over the Internet; and through May 20, is dedicated as the National Whereas the colleges and universities of Whereas approximately 14 percent of those Women’s Health Week: Now, therefore, be it youths have received mean or threatening Resolved, That the Senate— the United States play an integral role in email while on the Internet: Now, therefore, (1) recognizes the importance of preventing the development of a civil and ordered soci- be it diseases that commonly affect women; ety founded on the rule of law; Resolved, That the Senate— (2) calls on the people of the United States Whereas the colleges and universities of (1) designates June 2006 as ‘‘National Inter- to use Women’s Health Week as an oppor- the United States have been the origin of net Safety Month’’; tunity to learn about health issues that face much of the creativity and innovation (2) recognizes that National Internet Safe- women; throughout the history of the United States; ty Month provides the citizens of the United (3) calls on the women of the United States Whereas much of the most valued intellec- States with an opportunity to learn more to observe National Women’s Check-Up Day tual property of the United States has been about— on Monday, May 15, 2006, by receiving pre- developed as a result of the colleges and uni- (A) the dangers of the Internet; and ventive screenings from their health care versities of the United States; (B) the importance of being safe and re- providers; and Whereas the United States has, since its sponsible online; (4) recognizes the importance of federally inception, realized the value and importance (3) commends and recognizes national and funded programs that provide research and of intellectual property protection in en- community organizations for— collect data on common diseases in women couraging creativity and innovation; (A) promoting awareness of the dangers of and highlight racial disparities in the rates Whereas intellectual property is among the the Internet; and of these diseases. most valuable assets of the United States; (B) providing information and training Whereas the importance of music, motion that develops critical thinking and decision- f picture, software, and other intellectual making skills that are needed to use the ILLICIT COPYRIGHT property-based industries to the overall Internet safely; and INFRINGEMENT health of the economy of the United States (4) calls on Internet safety organizations, is significant and well documented; law enforcement, educators, community Mr. FRIST. I ask unanimous consent Whereas the colleges and universities of leaders, parents, and volunteers to increase that the Senate proceed to the consid- the United States are uniquely situated to their efforts to raise the level of awareness eration of S. Res. 488, submitted earlier advance the importance and need for strong for the need for online safety in the United today. intellectual property protection; States. The PRESIDING OFFICER. The Whereas intellectual property-based indus- tries are under increasing threat from all f clerk will report the resolution by title. forms of global piracy, including hard goods WOMEN’S HEALTH WEEK The legislative clerk read as follows: and digital piracy; Whereas the pervasive use of so-called Mr. FRIST. I ask unanimous consent A resolution (S. Res. 488) expressing the peer-to-peer (P2P) file sharing networks has that the Senate proceed to the imme- sense of Congress that institutions of higher led to rampant illegal distribution and repro- education should adopt policies and edu- diate consideration of S. Res. 487, sub- duction of copyrighted works; mitted earlier today. cational programs on their campuses to help deter and eliminate illicit copyright in- Whereas the Supreme Court, in MGM Stu- The PRESIDING OFFICER. The dios Inc. v. Grokster, Ltd., reviewed evidence clerk will report the resolution by fringement occurring on, and encourage edu- cational uses of, their computer systems and of users’ conduct on just two peer-to-peer title. networks. networks and noted that, ‘‘the probable The legislative clerk read as follows: scope of copyright infringement is stag- There being no objection, the Senate A resolution (S. Res. 487) expressing the gering’’ (125 S. Ct. 2764, 2772 (2005)); sense of the Senate with regard to the impor- proceeded to consider the resolution. Whereas Justice Breyer, in his opinion in tance of Women’s Health Week, which pro- Mr. ALEXANDER. Mr. President, MGM Studios Inc. v. Grokster, Ltd., wrote that motes awareness of diseases that affect today I reintroduce a resolution that ‘‘deliberate unlawful copying is no less an women and which encourages women to take expresses the sense of Congress that unlawful taking of property than garden-va- preventive measures to ensure good health. colleges and universities should con- riety theft’’ (125 S. Ct. 2764, 2793 (2005)); There being no objection, the Senate tinue to educate their students about Whereas many computer systems of the proceeded to consider the resolution. the importance of intellectual property colleges and universities of the United Mr. FRIST. I ask unanimous consent and the harm caused by copyright in- States, including local area networks under that the resolution be agreed to, the fringement. I am joined in offering this the control of such colleges and universities, may be illicitly utilized by students and em- resolution by Senators LEAHY, HATCH, preamble be agreed to, the motion to ployees to further unlawful copying; reconsider be laid upon the table, and and NELSON of Florida, as well as my Whereas throughout the course of the past that any statements relating thereto colleague from Tennessee, Senator few years, Federal law enforcement has re- to be printed in the RECORD. FRIST. peatedly executed search warrants against The PRESIDING OFFICER. Without This measure is very similar to S. computers and computer systems located at objection, it is so ordered. Res. 438, a Senate resolution which colleges and universities, and has convicted

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.025 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4917 students and employees of colleges and uni- pect this vote to occur shortly before work every day. Among his many at- versities for their role in criminal intellec- 11 a.m. That will be the first vote. tributes were intelligence—really bril- tual property crimes; A few moments ago, I filed cloture on liance—integrity, independence, loy- Whereas in addition to illicit activity, ille- the immigration bill and a judicial alty, and a sense of humor. But his gal peer-to-peer use has multiple negative greatest attribute was his modesty and impacts on college computer systems; nomination. We have a lot of work to Whereas individuals engaged in illegal complete this week, including other his humility. downloading on college computer systems nominations and the supplemental ap- He lived in the same house he came use significant amounts of system bandwidth propriations conference report if it be- to as a child of 3 or 4 years of age and which exist for the use of the general student comes available. Members can expect a was always a friend equally to the jani- population in the pursuit of legitimate edu- busy week as we work through our re- tors in the Federal courthouse as he cational purposes; maining business before the upcoming was to Supreme Court Justices. Whereas peer-to-peer use on college com- recess. Regrettably, Judge Becker con- puter systems potentially exposes those sys- Mr. President, I yield the floor. tracted prostate cancer and fought a tems to a myriad of security concerns, in- The PRESIDING OFFICER. The Sen- valiant fight but succumbed last Fri- cluding spyware, viruses, worms or other day to the ravages of the cancer and, malicious code which can be easily trans- ator from Pennsylvania is recognized. mitted throughout the system by peer-to- f today, as I say, we celebrated a great peer networks; life and an outstanding life. One of the Whereas, according to a recent study re- TRIBUTE TO JUDGE EDWARD R. real regrets I have is that we have not leased by the Motion Picture Association of BECKER yet found a cure for cancer, which America, students at colleges and univer- Mr. SPECTER. Mr. President, I have could have saved Judge Becker’s life. sities in the United States accounted for sought recognition to comment on a In 1970, the President of the United $579,000,000 in losses to the motion picture funeral service that was held earlier States declared war on cancer and had industry of the United States in 2005, which today for Judge Edward R. Becker. that war been pursued with the same represents 44 percent of that industry’s an- Judge Becker was one of the greatest diligence and resources that we pursue nual losses due to piracy; other wars, Judge Becker would not Whereas computer systems at colleges and citizens in the history of the city of universities exist for the use of all students Philadelphia and one of the greatest have died from prostate cancer. Two and should be kept free of illicit activity; Federal judges in the history of the years ago, my chief of staff, Carey Whereas college and university systems United States. When the contemporary Lackman, a beautiful young woman of should continue to develop and to encourage history is written of the past 50 years, 48, died of breast cancer. A year and a respect for the importance of protecting in- I believe Judge Becker will rank with half ago, a good friend, Paula Kline, tellectual property, the potential legal con- Benjamin Franklin among the greatest wife of Tom Kline, my former law part- sequences of illegally downloading copy- ner, died of breast cancer. It is some- righted works, and the additional security of Philadelphia citizens, and with Judge Learned Hand, who is among the thing that we hear about every day. risks associated with unauthorized peer-to- The reality is that the United States peer use; and greatest Federal judges. Whereas it should be clearly established I first met Judge Becker in 1950 when of America, with a gross national prod- that illegal peer-to-peer use is prohibited we rode public transportation from uct of $11 trillion and a Federal budget and violations punished consistent with up- northeast Philadelphia to the Univer- of $2.8 trillion, could conquer cancer holding the rule of law: Now, therefore, be it sity of Pennsylvania, an hour ride each and the other maladies if we ap- Resolved, That— way, where we attended that school. He proached it with sufficient resources (1) colleges and universities should con- was 17 at the time; I was 20. He was a and a sufficient sense of urgency. We tinue to take a leadership role in educating have a budget for the subcommittee of freshman, and I was a senior. He had an students regarding the detrimental con- appropriations that I chair which has extraordinary academic record, Phi sequences of online infringement of intellec- to fund the Departments of Health, tual property rights; and Beta Kappa from Penn, Yale Law Education and Labor, workman safety, (2) colleges and universities should con- School, a distinguished record in the which has had cuts of $15.7 billion in tinue to take steps to deter and eliminate practice of law, and he became a Fed- the last two fiscal years, factoring in unauthorized peer-to-peer use on their com- eral judge at the age of 37. He served on inflation. We have a budget resolution puter systems by adopting or continuing the U.S. District Court for the Eastern policies to educate and warn students about that passed, which would add $7 bil- District of Pennsylvania for 15 years, the risks of unauthorized use, and educate lion—insufficient but at least a start in until he was elevated to the Court of students about the intrinsic value of and making up some of that deficiency need to protect intellectual property. Appeals for the Third Circuit. which would allocate $2 billion to the During 351⁄2 years, he had an extraor- f National Institutes of Health. dinary record as a Federal judge. On The Federal Government is precluded ORDERS FOR TUESDAY, MAY 23, several occasions, Judge Becker’s opin- 2006 from financing embryonic stem cell re- ions were followed by the Supreme search, which ought to be reversed by Mr. FRIST. Mr. President, I ask Court of the United States on cutting this body. unanimous consent that when the Sen- edge questions. In one case, Judge Judge Becker is well known to the ate completes its business today, it Becker wrote the opinion for the Court Senate. Shortly after he achieved sen- stand in adjournment until 9:45 a.m. on of Appeals for the Third Circuit, which ior status, when he turned 70 in May of Tuesday, May 23. I further ask that fol- was in disagreement with the conclu- 2003, I asked him to participate in our lowing the prayer and the pledge, the sions of seven other courts of appeals. legislative efforts to have asbestos re- morning hour be deemed to have ex- When the issue got to the Supreme form. In August of 2003, for 2 days, he pired, the Journal of proceedings be ap- Court of the United States, the Su- convened the so-called stakeholders— proved to date, the time for the two preme Court followed Judge Becker. the manufacturers, the trial lawyers, leaders be reserved, and the Senate re- He was a man of great charm and the AFL–CIO representing labor, and sume consideration of S. 2611, the Com- great versatility. One of his opinions the insurance industry in his cham- prehensive Immigration Reform Act; was written in rhyme. He was an ex- bers. And for the intervening almost 3 further, that the Senate stand in recess traordinary pianist and was called years he has presided at about 50 meet- from 12:30 until 2:15 to accommodate upon by the Supreme Court not only ings where large groups assembled in the weekly policy luncheons. for his legal erudition but for playing my conference room on Capitol Hill, The PRESIDING OFFICER. Without the piano at the so-called Supreme working for a resolution of the asbes- objection, it is so ordered. Court sing-a-longs. He was the recipi- tos litigation crisis, where thousands f ent of the Devitt Award, which is given of people suffering from mesothelioma to the outstanding Federal jurist on are unable to get compensation be- PROGRAM the basis of scholarship, achievement, cause their companies are bankrupt. Mr. FRIST. Mr. President, to clarify, and community service. Seventy-seven companies have gone we will have a vote on the pending Even as chief judge of the Court of under bankruptcy. Feinstein amendment regarding the or- Appeals for the Third Circuit, he rode Judge Becker, well known to this ange card program. Members can ex- the elevated public transportation to body, is really befitting of the title of

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A22MY6.024 S22MYPT1 rfake on PROD1PC64 with SENATE S4918 CONGRESSIONAL RECORD — SENATE May 22, 2006 the 101st Senator. I think his passing legislation, and I suspect cloture will for America, which has consistently from prostate cancer will make a deep be obtained on the immigration bill. been a 20-year policy—we did one in the indentation and mark on this body and We will have a vote later on in the midsixties and we did another one in will serve as a signal for action to at- week. The train is moving. People sim- 1986. Here we are 20 years later in 2006 tack cancer, attack prostate cancer, to ply want to do something, and I sup- passing another one. We are going to find a cure for cancer. His passing pose that is where we are headed. pass a bill that could set policy for leaves a very deep mark on his family, I wish to make a couple comments quite some time. It ought to be a good three children, his widow, four grand- about it. First, the difficulty we faced bill. It should be a bill of which we are children, and many friends, many of was that the bill which came out of the proud. whom are in this body. His record is Judiciary Committee to the floor of It should be a piece of legislation truly that of an extraordinary jurist the Senate, which was essentially the that considers the relevant issues fac- and a great American. Kennedy-McCain bill, was not good leg- ing our country and tries to fairly and I yield the floor to my distinguished islation. In fact, it was so broadly prob- decently and justly treat people who colleague from Alabama. lematic that I thought and said from want to come here in a legitimate way, The PRESIDING OFFICER. The Sen- the beginning there was no way we but fundamentally what we should be ator from Alabama is recognized. could file amendments to fix that bill. asking ourselves is how many people Mr. SESSIONS. Mr. President, I am It was unfixable. It had too many basic this country can accept and what kind honored to have been here this evening problems that had not been evaluated of skill levels should they have, what to hear the remarks of Senator SPEC- carefully, that should have been expectation do we have that they will TER about his friend Judge Becker. I thought through carefully before it was be successful when they come to this came to know him and respect him country and be able to take advantage greatly myself. I remember it was ever filed. Senator SPECTER just left the Cham- of the opportunities that are here, to Judge Becker this and Judge Becker be able to pay taxes to the Government that as we wrestled with the asbestos ber. He supports immigration. We started in the Judiciary Committee a more than they draw from the Govern- litigation. Senator SPECTER, I knew, ment, and those kinds of questions. had such extraordinary respect for few months ago—really just a couple of months ago—and his bill was a lot bet- That is what we are about. I submit him. I guess it probably would be fair that the legislation fails in that re- to say that in the last year, if there ter than the bill that came out of the Judiciary Committee. The chairman’s gard. had to be a 101st Senator, he might I have four amendments. One is a nu- mark had a number of provisions in it. have been the one we would name be- merical limit amendment. It would cap It did not have an automatic path to cause he met time and time again with the immigration increases caused by citizenship, for example. So we spent Senators and groups and interests and the bill to the numbers CBO and the several days talking around at the people to try to work out an asbestos White House tell us to expect, 7 million committee. Senator FRIST said he bill that would be effective. under amnesties and 8 million in new I came around to the thinking that wanted this bill on the floor a certain immigrations in the next 10 years. We he was exactly correct and agreed that date. That was a Tuesday. He wanted had somewhat of a dispute. This bill is he and Senator SPECTER had the right the bill out of committee. On Monday, 600 pages. It is exceedingly com- approach to that historic piece of legis- we were still talking about various plicated. It has a host of different cat- lation. technical, complex legal issues and de- egories. It has caps that apply and I am very sad we never could move it bating them and worrying about law numbers that don’t apply to caps and forward, but Judge Becker provided a enforcement issues, and, boom, the are exempted from caps. It is hard to great and extraordinary contribution Kennedy-McCain bill is offered as a figure out how many people might ac- to the legislation. In getting to know substitute to the Specter bill in com- tually come. him, talking to him about other mittee. With about an hour’s debate, The Heritage Foundation and my judges, he talked about Bill Pryor, a this several-hundred page bill became staff have concluded that we are look- judge from Alabama who was recently the bill in committee. ing at four times the current rate of confirmed. He knew and studied his A few minutes later with very little immigration. It was 5 to 10 times the record. I came to feel that he was a fine debate, the agriculture jobs part was current rate of immigration until we and decent person who loved his coun- added to the bill, and that is what discussed these huge numbers at a try and just didn’t want to retire and came out of committee. It was incred- press conference last Monday, and sit around. He was right in the middle ibly broad, huge in its increase in legal Tuesday we adopted an amendment to of things to his last days on this Earth. immigration into the country, as well knock that down. We think the immi- I thank Senator SPECTER for allowing as I think inadequate enforcement and gration in that country will range from us the opportunity to get to know him. overreaching in amnesty and a lot of I hope he will convey to Judge Becker’s 73 million to 93 million people over the other issues. next 20 years. That represents approxi- family our admiration and respect for So here we are trying to pass this him. mately four times the amount we now legislation. I guess we have done it allow in, which is a little less than 1 Mr. SPECTER. Mr. President, if the now. I spent some time pointing out Senator will yield, I thank him for million a year, so it will be a little less some of the difficulties, and I will con- those very generous comments. I kept than 19 million over 20 years, five tinue to do so. I will say this: The leg- Judge Becker fully informed as to our times current rate, four times current islation that will hit the floor presum- work on the asbestos legislation. The rate at a minimum, we think. ably this week and will be up for a vote leader has stated his interest in bring- The administration and CBO say ing the legislation back to the floor. I should not be passed by us. some of those numbers were not good I have four amendments on which I continue to lobby our colleagues one enough, and they came up with some would like to have votes. I know what by one. I gave Judge Becker a report a figures. few days before his passing, and he is going to happen. Cloture has been That amendment would be designed said: Let’s pass one for the Gipper. filed, and I will be lucky to get one to say: OK, we will look at your num- Mr. SESSIONS. I am not surprised. I vote on the four amendments I will be bers and see if we can just make that am not surprised at all that he would filing tonight, to get legislative coun- the law so it won’t be confusing. At be focused on policies that are impor- cil to approve them and worry about least we will know what the numbers tant for America, even during his suf- germaneness and a lot of other things, are. If the administration numbers are fering. but I am ready to file these amend- correct and the CBO numbers are cor- I thank Senator SPECTER for letting ments and will file them. rect, they are too high, way too high, us get to know him. I want to talk about those amend- but at least we would know what they ments, and I ask the American people f are. At least we wouldn’t have to worry and my colleagues to think about some that they might go and explode out of IMMIGRATION REFORM of the issues in these four amendments reason. Mr. SESSIONS. Mr. President, clo- and ask: Should not, when we set about Another amendment we will be offer- ture has been filed on the immigration establishing a new immigration policy ing is the amendment to eliminate the

VerDate Aug 31 2005 03:43 May 23, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G22MY6.068 S22MYPT1 rfake on PROD1PC64 with SENATE May 22, 2006 CONGRESSIONAL RECORD — SENATE S4919 earned income tax credit for illegal or provide a tax credit directly to the cial Security numbers are given out to aliens and those who adjust status family. According to IRS data for 2003, all legally working people in the under this bill. Once illegal aliens be- 22 million households received $39 bil- United States—legally working aliens. come citizens, they will once again be lion in EITC payments, an average of Legal permanent residents and citizens eligible for the earned income tax cred- $1,782 per household or $2,100 for any have Social Security numbers. it, which is nothing more than a Gov- families with children. Under the tax law, resident aliens are ernment payment. It is a Government Now, let me just repeat that. This is citizens of a foreign country who are subsidy to low wage American workers, a huge Government program. And most either lawful permanent residents of and it is very large. I will talk about of the low-income people don’t owe any the United States or have been phys- that in a minute. taxes. If you are making below $20,000 a ically present in the country for at Chain migration. We will offer an year, you are unlikely to pay any in- least a certain specified amount of amendment that would eliminate cer- come taxes. If you have children, you time during the past 3 years. They are tain chain migration provisions in this certainly are not going to be paying taxed in the same manner as U.S. citi- bill. If we want to admit more skill- any income taxes. So how do you get a zens, and thus they qualify for the re- based immigrants, we must reduce the tax credit if you don’t pay any taxes? fundable tax credits. right of immigrants to bring in certain Well, they send you a check. That is According to the IRS, under the resi- categories of relatives automatically what they do. You file your tax return dency rules of the Tax Code, any alien and they have an automatic right on at the end of the year, and if you have who is a nonresident alien—an alien the list to be able to come in. We need worked and your income was lower, will become a resident alien in one of to make that choice. Why is this Sen- they send you a check. We looked at three ways: No. 1, by being admitted to ate dodging that issue? I don’t know. the numbers. If you are a minimum the United States as or changing in Other countries, as I have noted just a wage worker and you make around status to a lawful permanent resident few moments ago, are going in exactly $14,000 a year, that family would re- under the immigration laws; No. 2, by the opposite direction. They are focus- ceive a check, a subsidy from the Gov- passing a substantial presence test, a ing less on some sort of connections ernment of 4,700-and-some-odd dollars. numerical formula which measures and more on work skills. So this was designed to encourage days of presence in the United States; Then I will offer an amendment that Americans to work. It was a plan to or No. 3, by making what is called the deals with green cards for future flow make work more attractive for people first year election, a numerical for- H–2C workers. This would be an amend- on welfare. Do you remember all that mula under which an alien may pass ment to make sure that H–2C workers talk: Well, you can make more money the substantial presence test 1 year who come in the future—not those on welfare than you make working. So earlier than under the normal rules. given amnesty under this bill—will be a brilliant Congress, a number of years Under these rules, legally present subject to the annual numerical limits ago, came up with this idea that we work-authorized aliens who pass the on employment-based green cards when would just give people extra money if substantial presence test will be treat- they apply. There is some dispute they would work. It will be less than ed, for tax purposes, as resident aliens. about that. We were told originally: welfare, so why not do it? OK. That is They are able, then, to claim EITC. Oh, yes, they apply, the caps apply, what we did. But it was not designed to Under these rules, even an undocu- these limits apply. And then we read reward illegal aliens for coming into mented illegal alien who passes the the legislation carefully, and under the country illegally, for heaven’s substantial presence test will be treat- that provision, it says: If you qualify sake. But that is what this bill does. As ed for tax purposes as a resident alien. for a green card, the Secretary shall soon as they get that regularized sta- If they are using a fraudulent Social give you the green card. And it appears tus, they get it. Security number, they can apply for that ‘‘shall’’ means you will get it Now, this would allow them to get the EITC. If they are using a legal IDIF whether the caps apply or not, or the earned income tax credit if they be- number, they cannot apply. whether the caps would apply. come a citizen but not before. That is Under S. 2611, the bill before us I shared earlier thoughts about the not required of us. It is not required of today, if illegal aliens pay their taxes large numbers and the CBO numbers in the Senate that we should provide a legally today, they do so with an indi- that amendment. I have discussed it. I $2,000 bonus check to individuals who vidual taxpayer identification number would like to take a few moments to work in our country, who seem to be they are given for tax purposes. The discuss the earned income tax credit happy to get the wages they are being ITIN cannot currently be used to get limit. paid, a $2,000 bonus check from Uncle the EITC because a Social Security This amendment would do two Sam as a result and as an incentive for number is required to claim the EITC. things. One, it would clarify existing coming into the country illegally. That They are not eligible to get a Social law that makes illegal aliens ineligible is a really big issue. Security number. to claim the earned income tax credit To qualify for the credit, married So under S. 2611, illegal aliens will and postpones the ability of illegal couples filing jointly who earn certain become legally present and work au- aliens who are given status by this bill sums of money would qualify. For ex- thorized immediately upon passage of to claim the earned income tax credit ample, a single mother with two chil- the act. They would then be given So- until they become citizens. So the dren, the earned income tax credit pro- cial Security numbers and will pass the amendment is clearly a moneysaver. It vides a tax credit for 40 percent of substantial presence test, making them is also a way to make sure that illegal every dollar earned, up to $11,340. A automatically, at once, eligible to aliens are more likely to contribute family that earned between $11,000 and claim the very generous benefits of the more in taxes than they are taking $14,000 received a maximum credit of EITC. out. The inability to claim the earned $4,536, not $4,700. After the floor of The Congressional Budget Office has income tax credit should be one of the $14,810 is reached, the credit is slowly looked at this and tried to figure out things added to the list of items illegal reduced until the income cap of $36,000 what the cost would be. American tax- aliens will have to agree to do in order is reached. It is only then that it is payers would pay this. This would be a to receive the benefits of the amnesties eliminated. For 2006, the maximum new cost on the taxpayers, created by contained in title VI of the bill. Other amount of the earned income tax credit the very bill that is before us today. items on the list include a background is $4,556 for a worker supporting two Under the current legislation, in S. 2611 check, a medical check, and payment kids and $2,747 for a worker with one as initially offered and came out of the of back taxes, and being required to child, $4,012 for a child of eligible em- Judiciary Committee, the preliminary not claim the EITC until the illegal ployees and adjusted for inflation. CBO score revealed the following about alien becomes a citizen is a natural ad- Now, a Social Security number is re- directed spending contained in the dition to that list. quired in order to reap the benefits of compromise. They say this: The EITC tax credit was established this tax credit, and those applying CBO and Joint Tax Committee estimate in 1975. It is a refundable tax credit for must have a valid Social Security num- that direct spending outlays would total families that can offset income taxes ber and be a resident alien. Valid So- about $8 billion for the first 5 years, 2007

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Costs in subsequent decades In conclusion, I would note the bill no way evaluated for their skill levels, would be greater than in this first 10-year pe- increases the amount of refundable tax riod. their age, their English proficiency, or credits by increasing the number of if they are needed by the American ‘‘Costs in further decades would be resident aliens, people who are illegal economy whatever skills they have. greater than the first decade.’’ Mr. today, converted to resident aliens. Al- How they will benefit the United Robert Rector of the Heritage Founda- though this bill grants amnesty to States is completely irrelevant to this tion has worked on numbers like this. those who came illegally, it is not re- process. The only relevant char- He was the architect of the welfare re- quired, in my view, that they be ab- acteristic is their family connection. form. He said to us recently, a group of solved from all consequences of coming Until the late 1950s, American family Senators: Senators, this is how this here illegally nor be provided every immigration policy focused solely on Government gets out of control. This is benefit we provide to those who come the nuclear family; only spouses and how things go wrong. You don’t start legally. Certainly nothing is strange or minor dependent children of the immi- out to pass a bill that is going to cost unusual in that. grant were allowed to immigrate solely $29 billion. You don’t think it through. If we decide to give certain benefits on their family connection. You pass the legislation, and a new to people who came here illegally and In the late 1950s, family migration Congress 20 years from now wakes up not give them to others, what is wrong policies of the United States began to and says: How did this ever happen? We with that? For example, we are going extend beyond children and spouses. don’t have the money to pay for this. to allow them to stay in the country. Immigrants were allowed to bring in We made this obligation way long ago. At least overwhelmingly, they will be their adult unmarried children. You How are we going to get out of it? able to stay in the country. We are are here, you can bring in adult chil- Maybe we should cut back. going to forgive them for being pros- dren from that foreign country. But Then all the protests start because ecuted. Do we have to then also reward they are unmarried, and you can bring you can never cut a program, it seems. them for their illegal activity by pro- them. Immigrants who became citizens He warned us about that. That is ex- viding a sizeable check every year from were allowed to bring in their married actly what is happening with this par- the Federal Government? No, you don’t adult children and their parents and ticular provision in the legislation. have to do that. If they become a cit- their brothers and sisters, parents and Once the Hagel-Martinez bill became izen one day, fine, they are entitled to brothers and sisters, and adult children S. 2611, I, along with five other Sen- the same benefits of every other Amer- can bring in their own spouse and their ators, asked CBO to provide a com- ican citizen. But not in the interim. children. If the extended spouse has prehensive score so we would know how My amendment clarifies existing law parents and siblings, they, too, can get much this amnesty provision would to make sure that illegal aliens—exist- in line to immigrate to the United cost the taxpayers. The final CBO score ing law—who pass the substantial pres- States based solely on the family con- estimates that, of the 2007–2016 period, ence test cannot use fraudulent Social nection. 10 years, this bill would increase out- Security numbers to claim the earned- To show you a little bit how this lays for refunding tax credits $29.4 bil- income tax credit, and it postpones the works—it sounds a bit complicated. By lion, the largest direct expenditure in ability of illegal aliens at a given sta- viewing the charts behind me, maybe the bill—$29 billion. tus, some sort of legal status by the we can make this a little bit clearer. I had a conversation a few moments bill, to claim the earned-income tax Here are the people in green. That ago with a fine Senator who is con- credit until they become citizens. I be- means they possess a green card. You cerned about spending. He was sin- lieve that is the right approach. It is can get green cards in any number of cerely asking me about the cost of en- unthinkable that we would provide this ways if you come in under the language forcement at the border and at the kind of incentive when it really has no of this legislation that is so inaccurate. workplace in our country. Where are necessity. Let me say it that way. we going to get this money so we are Mr. President, I would like to share Under the rubric they call a tem- not just putting it to our grand- some thoughts about another amend- porary guest worker, the first day you children? I don’t know how much it is ment. It deals with chain migration. It are here, your employer can apply for a going to cost. We spend $40 billion now would reduce chain migration by elimi- green card, and within a month pre- on homeland security every year. nating the provisions in the Immigra- sumably you will get that green card. Maybe this is going to cost $5 or $6 bil- tion and Nationality Act that allow Once you become a green card holder, lion. A lot of it will be one-time costs, parents and adult brothers and sisters you become green on that chart, but setting up computer systems and bor- to immigrate to the United States you also became a permanent resident der barriers and in purchases of equip- based solely on their family connec- of the United States, not a citizen. ment. A lot of that will be repetitive, tions. Chain migration refers to the What happens when you become a like border patrol and bed spaces or re- mechanism by which foreign nationals permanent resident? You can imme- moving people from the country. But it have the right to immigrate to the diately bring in your spouse and your will not exceed $29 billion, trust me. It United States by virtue of one single children, maybe half a dozen children. will be a fraction of that. characteristic: they are related to You can bring in all of those children. Mr. President, $29 billion is a lot of someone who previously immigrated to One thing about this amnesty is this: money under any circumstances, I have the United States. Chain migration There are a lot of people who are work- to tell you. You can buy three aircraft does not refer to spouses and dependent ing in our country today who have not carriers for $29 billion. They have 4,000 children of immigrants. That does not brought their families. They have not people on them. Mr. President, $29.4 encompass wives and children. Nothing been that interested in bringing their billion will be added. These refundable in this amendment would say that a wives and children here, but under the tax credits will include EITC and child green card holder, a legal permanent bill, we give them legal status. We tax credits, where most of the cost is resident or citizen would not be able to allow them to become a green card clearly attributable to the EITC. To bring spouses and children. That will holder in short order, and then they are clarify, the credit first reduces an indi- remain the law under this amendment. automatically allowed to bring in their vidual’s tax liability. If the credit ex- No changes are made whatsoever. But spouses and children. ceeds the tax liability, the excess is for immigrants who become citizens, Five years after they get the green sent to the individual in the form of a chain migration refers to their ability card, they can apply to be a citizen. So check from Uncle Sam. These refunds to bring in parents, brothers and sis- 5 years, they become a citizen. Here is are classified as outlays in the Federal ters, and spouses, and children of their the family now, this group here, green. budget. They are classified as outlays. brothers and sisters. They come over. This is the nuclear They are not classified as tax deduc- You get to bring in your parents, family: Father, mother, and two chil- tions because they are, in fact, outlays. your brothers and sisters, and the dren. The mother is now legal. She can

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It is a serious matter. dent of these things for several dec- that brother to come in as a relative Obviously, we ought to do a better ades. This is a huge piece of legislation. within the category, and then he can job of thinking through who should What has happened, a group has got- bring his wife and his children. come to America. I keep thinking ten together. They have reached a com- What about her? She probably has about a valedictorian in the Dominican promise. We were told flatout the other brothers and sisters, too. Once she gets Republic, some small town in Colom- night that one of the amendments in and gets in the system, she can bia, Peru, or Brazil, top of his class, could not be accepted because the peo- bring her brothers and sisters and her learned English, speaks it well, and ple who put the compromise together parents into the system. The father wanting to come to the United States would not accept it. They would not here can bring in his brother or sister, of America. We have a limited number accept the amendment because they of people who come. He can never get and she can bring in her husband and said it violated the compromise, the in because grandparents, great-grand- her two children, or however many compromise would fall apart, and we parents, brothers and sisters and they have. could not amend it in that fashion. And grand-nephews are coming in under mi- I believe somebody detailed once on it failed. The machinery around here is gration, crowding those numbers out. the floor of the Senate that one family working. brought in 85 under this system. It is With regard to all of these people, there is no requirement of any edu- We will have an opportunity to talk not at all impossible to imagine. Can about this additional issue tomorrow. I you see how it can happen? One person cational level, no requirement of any job skills or any other capability. will plan to do that then. I am proud at comes in, and as a result of the family I think we need to make progress. least to have had the opportunity to connections he brought in 85. I think There is no reason in the world we talk about this. The fact is, we are not that was Senator Allen Simpson in the shouldn’t be discussing that in an ef- going to be able to vote on this. We debate 20 years ago in 1986. fective way. Over the past 5 years, ap- will be lucky to get a vote on one of It is a remarkable story, how the nu- proximately 950,000—almost 1 million— them, and then this will be voted on. I clear family, 5 years after they become extended family members immigrated assume it will be passed and sent to the citizens, can bring in their parents. to the United States and immediately House of Representatives. If we are for- What can the parents do? The par- received a green card—lawful perma- tunate, the House of Representatives ents can bring in their parents, if they nent resident who will never have to will say it has to be better; we will not are still alive. They really can. Maybe leave. accept it; we are going to insist on that they are 90. They can bring in their The numbers equal about 20 percent before we pass it. brothers and sisters. All the uncles can of all aliens who immigrated to the Who knows what will happen in the come in through the parents. The wife United States in the last 5 years. Im- political processes of our country? can bring in brothers and sisters. Then migration, therefore, makes up a sig- the wife brings in her brother, who nificant portion of family-based immi- f brings in his wife and two children, and gration. she brings in her parents. It just goes If we want to discuss the percentage ADJOURNMENT UNTIL 9:45 A.M. on and on. of family-based immigration and in- TOMORROW We would like to do the right thing. crease the percentage of skill-based, it We would like to be generous. Someone makes sense that we would deal with Mr. SESSIONS. If there is no further made the argument, I guess at one this issue. I think this amendment business to come before the Senate, I point in time it seemed like a good needs to be considered. I am dis- ask unanimous consent that the Sen- idea to have that policy. But every now appointed that we really have not had ate stand in adjournment under the and then, when we review a bill once in time, with cloture being filed we will previous order. 20 years, you would think we would not have time to seriously discuss that. There being no objection, the Senate, have discussed this. It has not been dis- Let’s talk about one more issue. I at 8:22 p.m., adjourned until Tuesday, cussed, to my knowledge. Not a single don’t mind saying I cannot be sure that May 23, 2006, at 9:45 a.m.

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TRIBUTE TO 25TH ANNIVERSARY DEPARTMENT OF THE INTERIOR, HONORING HAKKI GURKAN OF FROM THE HEART CHURCH ENVIRONMENTAL, AND RELATED MINISTRIES AGENCIES APPROPRIATIONS HON. RAHM EMANUEL ACT, 2007 OF ILLINOIS HON. BENJAMIN L. CARDIN IN THE HOUSE OF REPRESENTATIVES SPEECH OF OF MARYLAND Monday, May 22, 2006 IN THE HOUSE OF REPRESENTATIVES HON. CHRIS VAN HOLLEN Mr. EMANUEL. Mr. Speaker, I rise today to Monday, May 22, 2006 OF MARYLAND congratulate Hakki G. Gurkan of Chicago, Illi- Mr. CARDIN. Mr. Speaker, it is with great nois, on the occasion of his 30th birthday. IN THE HOUSE OF REPRESENTATIVES honor that I rise today to commemorate the Currently serving our Nation in Iraq, Hakki is 25th Anniversary of From the Heart Church Monday, May 22, 2006 continuing an impressive career in many areas Ministries. Since its beginnings in 1981 with of public service. only twenty four members, From the Heart The House in Committee of the Whole Petty Officer, 2nd class Gurkan joined the House on the State of the Union had under Ministries has provided spiritual guidance consideration bill (H.R. 5386) making appro- United States Navy Reserve in 2002 and is Prince George’s County community through priations for the Department of the Interior, now serving overseas in Iraq as an Intel- worship services and radio broadcasts. environmental, and related agencies for the ligence Specialist. He is fiercely proud to Founder and Pastor Reverend John A. fiscal year ending September 30, 2007, and for serve his country and I am certainly proud of Cherry is a nationally acclaimed minister other purposes: him. whose message of hope and committed spir- Mr. VAN HOLLEN. Mr. Chairman, I rise to Before being mobilized, Hakki served as a itual teaching has changed the lives of many. explain my opposition to the Interior Appro- Chicago Police Officer for 6 years. As a patrol Under his steady leadership, From the Heart priations bill. This important bill should reflect officer in the 11th District, he worked tirelessly Ministries has grown from its modest begin- our national commitment to protecting our air, every day to respond to emergencies and nings as a storefront church to becoming one our water, and some of our most treasured keep our community safe and secure. of the largest churches in Prince George’s public lands, including our national forests, Last year Hakki added to his already con- County, providing services to over 26,000 parks, and open spaces. Unfortunately, this siderable background in public service by members. Reverend Cherry’s spiritual mes- bill fails to live up to our responsibility to be using his vacation time to serve as an intern sage is also broadcast Sundays and during good stewards of our natural heritage. This bill in my Washington, DC office. He was a strong the week, providing religious guidance and cuts the Clean Water State Revolving Funds addition to the office and assisted my staff in teaching to thousands more. by $200 million and cuts State Conservation many important ways. Reverend Cherry’s twenty five years of serv- Grants to below last year’s levels. Most egre- Hakki received his bachelor of arts degree ice have established a foundation of strong giously, this bill cuts funding for essential from Columbia College in Chicago and earned biblical teaching rooted in faith and love—a projects to repair and upgrade facilities in our a master’s degree in law enforcement admin- foundation that his son, John A. Cherry II, will National Parks by $216 million below last istration from Calumet College of St. Joseph in build upon. Reverend John A. Cherry II will of- year’s levels and more than $400 billion below Whiting, Indiana. Mr. Speaker, on behalf of the Fifth Congres- ficially be installed as pastor during the anni- the level of six years ago. This bill does not sional District of Illinois, I thank Hakki for his versary celebration. meet the federally mandated increase in fed- devoted service to our country, both at home I urge my colleagues in the U.S House of eral pay and other fixed costs of the National and overseas. Representatives to join me today in recog- Park Service. As a result, we will see cutbacks I ask my colleagues to join me in sending nizing From the Heart Ministries’ 25th Anniver- in staff and visitor services at our parks. This best wishes to Petty Officer, 2nd Class sary and applauding the, accomplishments of bill also does not include any funding for Gurkan and all American men and women in Reverend John A. Cherry. His legacy of spir- schools at Indian reservations. itual leadership will allow his son to continue uniform serving in Iraq, Afghanistan and to his work and influence the hearts and I am disappointed to have to vote against throughout the world. this bill because it did contain some worth- minds of a faithful community for years to f come. while provisions. In it, the Congress finally rec- ognized the reality of global warming. Though IN HONOR OF POLISH f the bill does not include any concrete steps to CONSTITUTION DAY PERSONAL EXPLANATION address the problem, I was pleased that Con- gress finally acknowledged the issue. I also HON. DENNIS J. KUCINICH supported an amendment included in this bill HON. ROBERT E. ANDREWS OF OHIO that would require energy companies to pay OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES royalties for the oil and natural gas they obtain IN THE HOUSE OF REPRESENTATIVES from publicly-owned lands. This common Monday, May 22, 2006 Monday, May 22, 2006 sense amendment ends an unnecessary and Mr. KUCINICH. Mr. Speaker, I rise today in Mr. ANDREWS. Mr. Speaker, I regret that I illogical subsidy to the oil and gas industry and honor of the Polish American Congress, Ohio missed four votes on May 19th, 2006. Had I allows the American people to benefit from the Division, as they celebrate Polish Constitution been present I would have voted ‘‘no’’ on de- use of our public resources. Day—sharing their cultural gifts along a pa- feating the Previous Question on H.Res. 821 There was a Democratic amendment that rade route lined with food, song and joyous (the Rule providing consideration for H.R. would have addressed this bill’s most critical celebration. 5385—Military Quality of Life and Veterans Af- failings. We proposed a plan to add essential The first written European constitution, the fairs Appropriations Act); ‘‘no’’ on H.Res. 821 funds to this bill by making a small reduction Governmental Statute of Poland, was instated (the Rule providing consideration for H.R. to the average tax cut for the wealthiest Amer- on May 8, 1791. Poland’s Constitution was the 5385—Military Quality of Life and Veterans Af- icans. My Republican colleagues reject this result of nearly five centuries of struggle and fairs Appropriations Act); ‘‘yes’’ on the proposal, upholding tax cuts for a few at the perseverance by the people of Poland to di- Blumenauer Amendment (increasing appro- expense of important initiatives that benefit all minish the power of the King and also to cre- priations for the clean up on closed military Americans. As a result, we have a bill that ate facets and an institution of government bases) and ‘‘yes’’ on H.R. 5385 (Military Qual- fails to adequately protect the air we breathe, vital to the foundation of a constitutional gov- ity of Life an Veterans Affairs Appropriations the water we drink, and our shared natural ernment. The Polish American Congress was Act). heritage that we hold dear. formed in 1949, and continues to serve as a

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

VerDate Aug 31 2005 04:59 May 23, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A22MY8.001 E22MYPT1 jcorcoran on PROD1PC62 with REMARKS E920 CONGRESSIONAL RECORD — Extensions of Remarks May 22, 2006 significant bond of Polish culture, heritage and gouging consumers by instituting a windfall DEPARTMENT OF THE INTERIOR, history in Cleveland and across the country. profits tax. ENVIRONMENT, AND RELATED The group serves as a unifying force for both At the same time, we need to make imme- AGENCIES APPROPRIATIONS Polish Americans and Polish citizens living in diate investments to expand energy efficiency ACT, 2007 America. Taking a positive stand on issues by raising vehicle fuel economy standards, in- SPEECH OF concerning the people of Poland, the group creasing the use of renewable fuels, and by strives to attain a free market economy within adopting a foreign policy that does not hold HON. DENNIS J. KUCINICH the framework of a democratic society. our constituents hostage to the latest political OF OHIO The goal of the Polish American Congress crisis in the Middle East. IN THE HOUSE OF REPRESENTATIVES is to make Americans of Polish heritage more successful U.S. citizens by encouraging them Today our constituents are paying the price Thursday, May 18, 2006 for this administration’s deliberate decision to to assume the responsibilities of citizenship. In The House in Committee of the Whole addition, the group supports fraternal, profes- prioritize the profit margins of the oil and gas House on the State of the Union had under sional, religious, and civic associations dedi- industry over a comprehensive and sustain- consideration the bill (H.R. 5386) making ap- cated to the improvement of the status of all able long term energy policy. propriations for the Department of the Inte- Americans of Polish heritage. The Polish Vote against another giveaway to the en- rior, environment, and related agencies for ergy industry. Support the Putnam/Capps the fiscal year ending September 30, 2007, and American Congress has played a crucial role for other purposes: in the Polish community, and in its many years amendment and save our coastal environ- Mr. KUCINICH. Mr. Chairman, I submitted of support and service has been an invaluable ments. the attached statement, in support of the Put- contribution to the city of Cleveland and be- nam-Capps Amendment to ban drilling for nat- yond. f ural gas on the Outer Continental Shelf on Mr. Speaker and colleagues, please join me May 18, 2006. in honor and celebration of the leaders and HONORING W. JAMES FARRELL members of the Polish American Congress, as FLOOR STATEMENT IN SUPPORT OF THE OCS DRILLING BAN AMENDMENT TO THE FY2007 they celebrate Polish Constitution Day and as INTERIOR APPROPRIATIONS BILL, H.R. 5386 they continue to promote and protect the herit- HON. RAHM EMANUEL I rise in strong support of this amendment OF ILLINOIS age, history and culture of their beloved Polish to preserve the popular and longstanding ban homeland—providing awareness and connec- IN THE HOUSE OF REPRESENTATIVES on drilling off our coasts. First, let’s be clear tion to every new generation born in America, that there is no such thing as drilling for gas and enriching the diverse fabric of our entire Monday, May 22, 2006 only. Even the Administration and the en- Cleveland community. ergy industry have dismissed the idea as un- Mr. EMANUEL. Mr. Speaker, I rise today I f workable. So this is nothing more than a fig order to recognize the long and distinguished leaf. DEPARTMENT OF THE INTERIOR, career of Jim Farrell. Jim retired this month as But it’s a fig leaf that will bring toxic con- ENVIRONMENT, AND RELATED chairman of Illinois Tool Works, Inc., ITW, tamination to our marine environment AGENCIES APPROPRIATIONS after a 41-year career with the company, and merely three miles off our coasts. And it could open the door to drilling in the Great ACT, 2007 has spent a lifetime making a positive impact on the Chicago-area community. Lakes, which is also opposed by Great Lakes residents. SPEECH OF After graduating from the University of De- We cannot forget that new drilling will HON. BARBARA LEE troit with a degree in electrical engineering, have no effect on energy prices for years. In Jim joined ITW in 1965. He originally intended contrast, we have technologies to reduce our OF CALIFORNIA to work there for the few months he had be- addiction to oil and natural gas that are IN THE HOUSE OF REPRESENTATIVES fore reporting for military service, but he would ready to go today. The problem is that we’re Thursday, May 18, 2006 ultimately return after 2 years in the Army. subsidizing unsustainable energy production like drilling for natural gas and oil while The House in Committee of the Whole Rising steadily through the ranks, Jim served failing to fund real renewable solutions. I House on the State of the Union had under as ITW’s chief executive officer from 1995 and urge my colleagues to vote for the amend- consideration the bill (H.R. 5386) making ap- chairman from 1996. Based in Glenview, Illi- ment. propriations for the Department of the Inte- nois, the company now operates in 45 coun- f rior, environment, and related agencies for tries and employs almost 50,000 people. the fiscal year ending September 30, 2007, and TRIBUTE TO COMMEMORATE JEW- As CEO and chairman of a Fortune 200 for other purposes: ISH AMERICAN HISTORY MONTH company, Jim was known for an unusual but Ms. LEE. Mr. Chairman, I rise in strong op- highly successful approach. At ITW he position to Interior appropriations bill and in oversaw the purchase of more than 200 com- HON. MICHAEL M. HONDA support of the Putnam/Capps amendment that panies. He resisted the prevailing wisdom to OF CALIFORNIA will be considered on the floor today. consolidate operations and instead gave the IN THE HOUSE OF REPRESENTATIVES For 25 years we have maintained a bipar- 600 division managers a high degree of auton- tisan agreement to ban any new drilling off our Monday, May 22, 2006 omy. This allowed Jim to cultivate an environ- shores because we believed it was more im- ment that remains highly conducive to entre- Mr. HONDA. Mr. Speaker, I rise today to portant to safeguard the heath and beauty of preneurship and allows managers to stay commemorate Jewish American History Month our coastal environment for future generations closely connected to employees and cus- and the contributions made to our country by to enjoy. tomers. Jewish Americans. With a culture that strongly But now the Interior appropriations bill values education and community, they have threatens to upset this agreement and open Jim has always found time and energy to enriched our culture and contributed to the our coastal areas to drilling despite over- give to the community. For more than a dec- economic and cultural vitality of our Nation. whelming opposition from the American peo- ade he has chaired and worked with the Chi- My community in Silicon Valley wouldn’t be ple. cago branch of Junior Achievement, a world- what it is today without the contributions of We should not be trading away our pristine wide organization dedicated to educating Jewish Americans. coastal habitats to fatten the coffers of the ad- young people about business, economics, and Jewish immigrants came to our country, ministration’s cronies in the oil and gas indus- free enterprise. In addition to serving on nu- hoping to fulfill their dreams by participating in try. merous other business and civic boards, Jim the American promise of socioeconomic mobil- The fact of the matter is that new offshore also instituted a generous matching policy ity and cultural tolerance. The stories of their drilling will do nothing in the short term to re- under which ITW matches $3 for each $1 do- successes in our country are greatly inspiring. duce the high gas prices that consumers are nated to charity by an employee. Andy Grove, for instance, fled his home in facing at pump, and will do nothing in the long Mr. Speaker, I congratulate Jim for his many Hungary during the Hungarian Revolution with term to wean us away from our addiction to successes, I thank him for his role within the his family under the cover of night, and immi- oil. business community of Illinois and for his grated to the United States. From these hum- The best way to fight high gas prices now dedication to civic duty, and I wish him and his ble beginnings he eventually became the is to hold oil companies accountable for family the best of luck in all future endeavors. Chairman and CEO of one of the greatest

VerDate Aug 31 2005 04:59 May 23, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A22MY8.005 E22MYPT1 jcorcoran on PROD1PC62 with REMARKS May 22, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E921 economic engines in the world, Intel. Sergey I am introducing legislation to further our AMVETS endorses your legislation to Brin, another innovative Jewish leader, came commitment to our disabled veterans that automatically increase veterans’ disability to America with his family to escape anti-Sem- have served our country with valor. Currently, benefits by the Consumer Price Index (CPI) each year, without an act of Congress. It is itism. Through hard work and diligent studies, every year Congress enacts a cost-of-living important VA benefits keep pace with soci- he founded one of the most innovative compa- adjustment for veterans’ disability benefits. We ety and the cost of living. Your bill will see nies in the world: Google. have done this every year since 1978. In fact, that veterans’ benefits are increased propor- Examples abound of other Jewish Ameri- both Congress and the President assume this tionately and will sustain the same buying cans who lead our community in innovation COLA will be enacted every year. power as in previous years. and philanthropy, including Jeffrey Skoll, Ken My legislation, the Veterans Disability Com- AMVETS supports our nation’s commit- Levy, Eli Reinhard and Eic Benhamou. Amer- pensation Automatic COLA Act, would simply ment to care for the men and women who ica’s ethnic diversity is a source of our coun- make the COLAs for veterans’ disability bene- have served in our military service. I strong- try’s strength, and the Jewish American com- ly encourage the House Veterans’ Affairs fits automatic each year. Veterans should not Committee to act favorably on this legisla- munity stands as a bedrock for our nation. have to depend on Congress adjusting their tion. f disability benefits every year. Social Security Sincerely, and Medicare have automatic COLA adjust- JAMES B. KING, IN SUPPORT OF THE ESTABLISH- ments. Our veterans deserve to have that National Executive Director. MENT OF JEWISH AMERICAN same security. Furthermore, because Con- HERITAGE MONTH f gress and the President assume this increase in their budget every year, my bill has no PERSONAL EXPLANATION HON. JOHN J.H. ‘‘JOE’’ SCHWARZ budgetary effect. OF MICHIGAN I am also pleased to enter into the RECORD HON. JO BONNER IN THE HOUSE OF REPRESENTATIVES letters of support from the Disabled American OF ALABAMA Monday, May 22, 2006 Veterans as well as American Veterans IN THE HOUSE OF REPRESENTATIVES (AMVETS). These veterans service organiza- Mr. SCHWARZ of Michigan. Mr. Speaker, I Monday, May 22, 2006 rise today to join my colleagues in support of tions support this bill to assure veterans the Mr. BONNER. Mr. Speaker, on Friday, May President Bush’s proclamation declaring May COLA they deserve. 19, 2006, I was absent for votes as I was hon- 2006 as Jewish American Heritage Month. Mr. Speaker, we cannot and should not as- Jewish American Heritage Month recog- sume future Congresses will act to adjust vet- ored to give the commencement address to nized the wonderful cultural heritage of the erans’ disability COLAs every year. I ask my the 2006 graduating class at Monroe Academy Jewish people in America. It will be a time to colleagues to join me to ensure our veterans in Monroeville, Alabama. Had I been present, honor all of the benefits and successes that get the benefits they deserve without having to I would have voted ‘‘yea’’ on rollcalls 173, 174, Jewish Americans have experienced as well rely on a superfluous yearly act by Congress. and 176. I would have voted ‘‘nay’’ on rollcall as recognizing the achievements and the di- DISABLED AMERICAN VETERANS, 175. versity their culture has provided to the United Washington, DC, May 22, 2006. f Hon. JOE KNOLLENBERG, States. House of Representatives, TRIBUTE TO ‘‘WE THE PEOPLE’’ Jewish American Heritage Month will also Washington, DC. AND EAST KENTWOOD HIGH provide a venue for education of the Jewish DEAR REPRESENTATIVE KNOLLENBERG: On SCHOOL American culture. It allows an opportunity to behalf of the 1.5 million members of the Dis- further educate and ultimately end anti-Semi- abled American Veterans (DAV) and its Aux- tism for future generations. iliary, I write in support of the measure you HON. VERNON J. EHLERS Today, I join my colleagues as well as are introducing today, the Veterans’ Dis- OF MICHIGAN President Bush to establish the month of May ability Compensation Automatic COLA Act. IN THE HOUSE OF REPRESENTATIVES to observe and celebrate the rich history of the Your bill would protect the benefits of sick Monday, May 22, 2006 and disabled veterans and their dependents Jewish people in America and honor the great by preserving its intent and beneficial pur- Mr. EHLERS. Mr. Speaker, I rise in support contributions they have made to our country. pose. Specifically, the bill would automati- of the ‘‘We the People’’ program. From April f cally increase the rates of disability com- 29 to May 1, 2006, approximately 1,200 stu- pensation, dependency and indemnity com- TRIBUTE TO DISABLED VETERANS dents from across the country participated in pensation (DIC), and the annual clothing al- the national finals competition of We the Peo- lowance by the percentage of increase in the HON. JOE KNOLLENBERG cost of living as measured by the Consumer ple: The Citizen and the Constitution, the most extensive educational program in the country OF MICHIGAN Price Index without precluding any other in- creases deemed necessary in the future. developed specifically to educate young peo- IN THE HOUSE OF REPRESENTATIVES Other benefits such as automobile and ple about the U.S. Constitution and Bill of Monday, May 22, 2006 housing grants, and burial and plot allow- Rights. I am pleased to announce that East Mr. KNOLLENBERG. Mr. Speaker, next ances, for which Congress has regularly en- Kentwood High School from Kentwood, Michi- Monday we will honor all that have made the acted legislation to adjust these benefits gan, received the Unit 3 Award in the competi- have had their value seriously eroded. Unless tion. The ‘‘We the People’’ program is admin- ultimate sacrifice serving and protecting our the amounts of disability compensation, country. I rise today to honor our disabled vet- DIC, and clothing allowance are periodically istered by the Center for Civic Education and erans still with us that have sacrificed so adjusted, inflation diminishes the signifi- funded by the U.S. Department of Education much. cance and effectiveness of these benefits. by act of Congress. On the last Monday of May every year, Again, I want to thank you for your con- The ‘‘We the People’’ national finals is a 3- Members of this body celebrate Memorial Day tinued effort to protect and enhance the ben- day academic competition that simulates a by walking in parades, making speeches, and efits and services of veterans who are dis- congressional hearing in which the students talking to active and retired military men and abled by virtue of their selfless sacrifice and ‘‘testify’’ before a panel of judges on constitu- women. We tell them how much we appre- service to our nation, and their dependents. tional topics. Students demonstrate their Sincerely, ciate their efforts and thank them for their JOSEPH A. VIOLANTE, knowledge and understanding of constitutional services. We do this proudly as they deserve National Legislative Director. principles as they evaluate, take, and defend our respect and admiration for serving this positions on relevant historical and contem- great country. AMVETS, porary issues. Among the questions students Currently, American troops defend our free- Lanham, MD, May 22, 2006. responded to in this year’s competition were: dom on many different fronts and veterans are Hon. JOE KNOLLENBERG, ‘‘How would you distinguish a federal system at the forefront of our legislative priorities. The House of Representatives, from a unitary government and from a confed- number of veterans coming home from Iraq, Washington, DC. eration?’’ and ‘‘What did the Framers hope to DEAR REPRESENTATIVE KNOLLENBERG: On Afghanistan, and other areas increases daily behalf of AMVETS (American Veterans), I achieve by establishing a federal system of and it is our responsibility to ensure their want to thank you for your legislation that government?’’ needs are met. While our veterans may be out will provide a timely and guaranteed cost-of- The following outstanding students rep- of harm’s way, our responsibility to them re- living adjustment for our nation’s disabled resented East Kentwood High School: Mark mains. veterans. Alonso, Sefik Arapovic, Tyler Boyd, Michelle

VerDate Aug 31 2005 04:59 May 23, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22MY8.009 E22MYPT1 jcorcoran on PROD1PC62 with REMARKS E922 CONGRESSIONAL RECORD — Extensions of Remarks May 22, 2006 Burns, Aaron Dame, Karl DeVries, Kelsey Burpee’s personnel overcame three daunting Her reasoning: such accessories were typical Duinkerken, Branden Graf, Jessica Hoag, Jes- tasks in order to successfully create the ex- of the women whom she saw while in the Car- sica Hulbert, J.J. Jang, Jamie Overbeek, hibit. First, after transporting Jane from Mon- ibbean during her anthropological studies. Alexa Schlosser, Paige Stevens, Peter Vu tana to the museum lab, Jane’s 66 million From the 1930’s to the 1960’s, Dunham rev- Tran, and Laura Vlieg. year old bones were carefully removed from olutionized the worlds of dance, theater, music I also wish to commend the teacher of the the rocks in which they were embedded. Sec- and education, touring the world, visiting over class, Deborah Snow, who was responsible ond, identifying Jane’s place in the dinosaur 60 countries on 6 continents with dance com- for preparing the students for the national family tree presented a unique challenge be- panies and touring productions. She intro- finals competition. Also worthy of special rec- cause many scientists consulted in the proc- duced the art form of black dance to Europe ognition are Linda Start and Jim Troost, the ess disagreed on this matter. Finally, in the and was the first person to expose elements state coordinators, and Susan Laninga, the midst of the first two tasks, Burpee’s per- of American modern dance to a foreign coun- district coordinator, who are among those re- sonnel had to consider how to create an ex- try. James Dean, Marlon Brando and Eartha sponsible for implementing the ‘‘We the Peo- hibit that would be able to bridge the gap be- Kitt all became disciples of her technique as ple’’ program in my district. tween science education and family enjoy- they sought Katherine out as a teacher. With Mr. Speaker and my colleagues in the ment. the permission of King Hassan II, she first in- House, please join me in congratulating these Mr. Speaker, I wish to extend my recogni- troduced the dancers of Morocco to an Amer- young constitutional experts for their out- tion and support of the Burpee Museum of ican audience with her 1962 production of standing achievement. Natural History in Rockford, IL. Since its Bamboche. She formed the first all Black dance company, Ballet Negre, which became f founding in May of 1942 as a part of the Works Progress Administration, the mission of the famous Katherine Dunham Dance Com- PERSONAL EXPLANATION Burpee has been to inspire all people to en- pany. gage in a lifetime of learning about the natural Even during her years dancing, Katherine’s interest in culture and anthropology never fal- HON. PHIL ENGLISH world, and they have been very successful in tered. In 1965, she decided to disband the OF PENNSYLVANIA doing so. To this day, Burpee reaches out to Katherine Dunham Dance Company to act as the public through its creative event program- IN THE HOUSE OF REPRESENTATIVES advisor to the cultural ministry of Senegal. She ming and excellent educational offerings for Monday, May 22, 2006 also wrote eight books, numerous articles and educators, families, and other members of the short stories and several essays touching on Mr. ENGLISH of Pennsylvania. Mr. Speaker, local community. Burpee is a prime example her cultural interests ranging from experiences I had a leave of absence on Friday, May 19, for other cultural institutions across the coun- from her world travels to the Myal dance, a for family business. If I had been present, I try, and I am honored to recognize the mu- would have voted: ‘‘yes’’ on rollcall vote 173, secret rite native to Jamaicans. seum and its personnel here today. Following her retirement from dancing in ‘‘yes’’ on rollcall vote 174, ‘‘no’’ on rollcall vote f 1967, Dunham continued to choreograph 175, and ‘‘yes’’ on rollcall vote 176. shows; however, humanitarian leanings be- f IN MEMORY OF KATHERINE DUNHAM came the focal point of her efforts. She moved IN HONOR OF ROCKFORD, IL, to East St. Louis, Illinois, a predominantly BURPEE MUSEUM FOR RECEIV- HON. CHARLES B. RANGEL black area, to work with inter-city youth. Her ING TWO AMERICAN ASSOCIA- concept was to infuse a spirit of the arts with OF NEW YORK TION OF MUSEUM AWARDS these children in an attempt to keep them out IN THE HOUSE OF REPRESENTATIVES of trouble. To do so, she founded the Per- HON. DONALD A. MANZULLO Monday, May 22, 2006 forming Arts Training Center and the Kath- Mr. RANGEL. Mr. Speaker, today I rise to erine Dunham Museum and Children’s school, OF ILLINOIS which brought in artists like Harry Belafonte, to IN THE HOUSE OF REPRESENTATIVES pay tribute to my dear friend, Katherine Dunham, who passed away Monday, May 21, teach subjects as diverse as African hair- Monday, May 22, 2006 2006. Katherine may have become famous for braiding, conversational Creole, martial arts, and aesthetics. She would continue to carry Mr. MANZULLO. Mr. Speaker, I rise today her extraordinary dancing capabilities, but it out these programs for the rest of her life, de- to recognize the Burpee Museum of Natural was her humanitarian activities that truly made History of Winnebago County—Burpee, IL, in spite cuts in government and private funding. her a legendary American. This would not be her first or last activist ef- the district I am proud to represent. The Born in Chicago, Illinois on June 22, 1909, fort. While touring the United States in the Burpee Museum is a remarkable cultural insti- Dunham was once described as ‘‘the hottest 1940’s through the 1960’s, Dunham refused to tution that has received two prestigious Amer- thing to hit Chicago since Mrs. O’Leary’s cow have her dance troupe perform in segregated ican Association of Museum—AAM—Awards. kicked the bucket.’’ From a very young age, theatres in an attempt to fight discrimination. Both of these awards are for the Jane: Diary her talent for dance was obvious. However, In fact, she once refused to perform after find- of a Dinosaur exhibit at the museum, which she decided to heed her parent’s wishes and ing out that African Americans had been pro- opened to outstanding reviews in June 2005. began studies in social anthropology at the hibited from buying tickets to one of her The museum submitted entries in two cat- University of Chicago during the 1930’s. It was shows. Her promotion of African and Carib- egories: Overall Exhibit Excellence and the during these formative years that she was bean values during the peak of the Civil MUSE Award for the use of media and tech- awarded a Rosenwald Travel Fellowship to Rights movement helped to infuse a positive nology in the Jane exhibit. Burpee received study anthropology and native dance in West image of black culture in the public conscious- the Exhibit Excellence Award, which is consid- Indies. Forced by her advisors to choose be- ness. ered the museum profession’s highest honor. tween the two, she went with dance and the Later on, in 1992, she would once again It also received an Honorable Mention MUSE rest, as they say, is history. make a political message, as she went on a award for Jane’s interactive Meet the Re- Dunham’s extensive knowledge of anthro- 47 day hunger strike to protest the govern- searcher video. pology became instrumental in the style of ment policy that repatriated Haitian refugees. Lew Crampton, Burpee president and CEO, dance, now referred to as the Dunham tech- Her involvement with Haiti did not stop there. accepted the awards at the AAM’s 100th Inter- nique, which she invented and popularized. Dunham was a big supporter of democracy in national Conference in Boston in the company She brought African and Caribbean dance and the country and in particular of the exiled of 7,000 other museum profession delegates ritual influences to a dance world dominated President Aristide. In 1991, when Aristide was from around the world. Judges who presented by a European style, thus beginning the an- ousted in a military coup, Dunham petitioned the awards to Mr. Crampton praised Burpee, thropological dance movement, which made the United States government to aid in his res- stating the ‘‘whole project was so solid . . . use of ethnic and folk choreography. To toration as president. She also made several and you just did everything right . . . your Dunham, her methods were ‘‘more than just civilian trips to Haiti, eventually purchasing a work could and should serve as a model to dance or bodily executions.’’ Instead, her style house there. On each trip, she did her best to other institutions (including much larger ones) was ‘‘about movement, forms, love, hate, help stimulate the country economically and to as a way to create an excellent exhibit.’’ death, life, all human emotions.’’ She made provide humanitarian aid to the poverty-strick- Jane’s exhibit is a reflection of the dedica- her Broadway debut in the late 1930’s sporting en people of Haiti. tion and professional excellence that is dem- an unorthodox costume, which included a bird Throughout her life, Katherine Dunham was onstrated by the personnel at Burpee. cage on her head and a cigar in her mouth. many things to many people. To her surviving

VerDate Aug 31 2005 04:59 May 23, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A22MY8.015 E22MYPT1 jcorcoran on PROD1PC62 with REMARKS May 22, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E923 daughter, Marie-Christine Dunham Pratt, she China, in India, in Mexico and in Greece. a person by a Jew. No stranger can be left was a mother. To her late husband, theatre While Hitler almost murdered all the Jews of without shelter, no hungry man without bread. designer John Thomas Pratt, she was a wife Europe, he did not entirely succeed. I could not help but notice in the Save Because of the moral values of this country of 49 years. Yet, to all, she was an exemplary Darfur Coalition and other grass roots organi- we put our entire Nation into the fight against American. Katherine earned her celebrity sta- zations working so hard to stop the genocide the Nazis in World War II. What is so remark- tus in a time when discrimination was at its in Darfur that many Jewish organizations are peak, revealing immense reservoirs of cre- able about the fact that the United States fought so fiercely and so bravely in World War involved in the grass roots efforts. Among ativity and dedication. She then used her fame them are the American World Jewish Con- as a way to create positive change in the II is that they did so to save the world. That desire arose from the Nation’s character, gress, the American Jewish Committee, Jews world. As every dancer knows, actions speak against Genocide and the Religious Action louder than words and it was clear that Kath- which is an amalgam of the religious heritage of its people—including its Jewish people. Center for Reform Judaism. I have received erine lived by this doctrine. Her life is an inspi- letters from children in Jewish schools asking ration to me and her loss will be felt, not just Today I think about the Jewish soldiers in World War II who fought not even knowing of me to help the people of Darfur. Jewish peo- by the dance community, but by all Ameri- ple have a special understanding about geno- cans. the death camps and the ovens. I think of the men who risked their lives every day in the cide. The parents of these children who write f mud of France and the fields of Belgium be- to me may have lost grandparents, uncles, aunts, cousins. But they also know they can JEWISH AMERICAN HERITAGE cause they knew what was spreading and tak- write to their Congressman and their children MONTH ing over Europe was immoral. When Eisen- hower’s troops first came upon a death camp, can write and ask for help for these people so he made the camp guards and the German far away who are in desperate trouble as their HON. CHARLES B. RANGEL villagers who had lived in the green fields and relatives once were. OF NEW YORK gardens around the camp come to view the One of the characteristics I most admire is IN THE HOUSE OF REPRESENTATIVES bodies and to bury them. The message was the activism many of the Jewish people en- Monday, May 22, 2006 clear: Americans find what you have done gage in. That activism has meant a great deal here and you villagers have tolerated here to Mr. RANGEL. Mr. Speaker, I rise to thank to the civil rights movement. I also admire the be an immense crime, an unimaginable crime. way Jews have contributed to the ‘‘person- Representative DEBBIE WASSERMAN SCHULTZ The greatness of our people is their char- ality’’ of New York. As a New Yorker, I feel es- for her hard work on behalf of recognizing acter. Jewish people have brought a lot to the pecially lucky because I have learned some May as Jewish American Heritage month and making of that character. Jews have known Yiddish, some great jokes and have met some to express my gratitude to the President for that the values in the Five Books of Moses are truly amazing people who love books, culture, his proclamation making May Jewish Amer- universal and throughout 2,000 years of Dias- art and life. I’m glad for the Jewish heritage I ican Heritage Month. pora brought their values with them to the experience in my district every day I am at After the burning of the Second Temple and shores of all the countries where they settled, the final dispersion of the Jews from Zion, including America. home. people of Jewish heritage have settled in Judaism is a religion and a value system. I say to Jewish Americans today: Congratu- every corner of the world. There are Jews in No one who is not a Jew is considered less lations and mazol tov.

VerDate Aug 31 2005 04:59 May 23, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A22MY8.019 E22MYPT1 jcorcoran on PROD1PC62 with REMARKS E924 CONGRESSIONAL RECORD — Extensions of Remarks May 22, 2006 SENATE COMMITTEE MEETINGS reinstatement of a license for a certain Energy and Natural Resources Title IV of Senate Resolution 4, Federal Energy Regulatory Commis- Public Lands and Forests Subcommittee sion project, S. 2035, to extend the time To hold hearings to examine S. 2466, to agreed to by the Senate on February 4, required for construction of a hydro- authorize and direct the exchange and 1977, calls for establishment of a sys- electric project in the State of Idaho, conveyance of certain National Forest tem for a computerized schedule of all S. 2054, to direct the Secretary of the land and other land in southeast Ari- meetings and hearings of Senate com- Interior to conduct a study of water re- zona, S. 2788, to direct the exchange of mittees, subcommittees, joint commit- sources in the State of Vermont, S. certain land in Grand, San Juan, and tees, and committees of conference. 2150, to direct the Secretary of the In- Uintah Counties, Utah, and S. 2567, to This title requires all such committees terior to convey certain Bureau of maintain the rural heritage of the Land Management Land to the City of to notify the Office of the Senate Daily Eastern Sierra and enhance the re- Eugene, Oregon, S. 2373, to provide for gion’s tourism economy by designating Digest—designated by the Rules Com- the sale of approximately 132 acres of certain public lands as wilderness and mittee—of the time, place, and purpose public land to the City of Green River, certain rivers as wild a scenic rivers in of the meetings, when scheduled, and Wyoming, at fair market value, S. 2403, the State of California. any cancellations or changes in the to authorize the Secretary of the Inte- SD–366 meetings as they occur. rior to include in the boundaries of the Grand Teton National Park land and Intelligence As an additional procedure along Closed business meeting to consider in- with the computerization of this infor- interests in land of the GT Park Sub- division, S. 2568, to amend the National telligence matters. mation, the Office of the Senate Daily Trails System Act to designate the SH–219 Digest will prepare this information for Captain John Smith Chesapeake Na- 3:30 p.m. printing in the Extensions of Remarks tional Historic Trail, S. Res. 468, sup- Foreign Relations section of the CONGRESSIONAL RECORD porting the continued administration To hold hearings to examine the nomina- on Monday and Wednesday of each of Channel Islands National Park, in- tions of Gaddi H. Vasquez, of Cali- week. cluding Santa Rosa Island, in accord- fornia, for the rank of Ambassador dur- Meetings scheduled for Tuesday, May ance with the laws (including regula- ing his tenure of service as U.S. Rep- 23, 2006 may be found in the Daily Di- tions) and policies of the National Park resentative to the United Nations Service, H.R. 394 and S. 2034, bills to di- Agencies for Food and Agriculture, and gest of today’s RECORD. rect the Secretary of the Interior to John Clint Williamson, of Louisiana, to MEETINGS SCHEDULED conduct a boundary study to evaluate be Ambassador at Large for War the significance of the Colonel James Crimes Issues, Department of State. MAY 24 Barrett Farm in the Commonwealth of SD–419 Massachusetts and the suitability and 9 a.m. feasibility of its inclusion in the Na- MAY 25 Commerce, Science, and Transportation tional Park System as part of the Time to be announced Aviation Subcommittee Minute Man National Historical Park, To hold hearings to examine National H.R. 482, to provide for a land exchange Homeland Security and Governmental Af- Transportation Safety Board reauthor- involving Federal lands in the Lincoln fairs ization. National Forest in the State of New Business meeting to consider the nomi- SD–562 Mexico, H.R. 486, to provide for a land nations of R. David Paulison, of Flor- Appropriations exchange involving private land and ida, to be Under Secretary for Federal Defense Subcommittee Bureau of Land Management land in Emergency Management, Department To hold hearings to examine proposed the vicinity of Holloman Air Force of Homeland Security, and Lurita budget estimates for fiscal year 2007 for Base, New Mexico, for the purpose of Alexis Doan, of Virginia, to be Admin- defense related programs. removing private land from the re- istrator of General Services. SD–192 quired safety zone surrounding muni- Room to be announced Appropriations tions storage bunkers at Holloman Air 9:30 a.m. Labor, Health and Human Services, Edu- Force Base, H.R. 1492 and S. 1719, bills Foreign Relations cation, and Related Agencies Sub- to provide for the preservation of the To hold hearings to examine the current committee historic confinement sites where Japa- status of United Nations reform. To hold hearings to examine proposed nese Americans were detained during SH–216 budget estimates for fiscal year 2007 for World War II, H.R. 3507, to transfer cer- Indian Affairs the Department of Labor. tain land in Riverside County, Cali- To hold an oversight hearing to examine SD–124 fornia, and San Diego County, Cali- Indian education. 9:30 a.m. fornia, from the Bureau of Land Man- SR–485 Homeland Security and Governmental Af- agement to the United States to be Judiciary fairs held in trust for the Pechanga Band of Business meeting to consider pending To hold hearings to examine the nomina- Luiseno Mission Indians, and H.R. 4000, calendar business. tion of R. David Paulison, of Florida, to authorize the Secretary of the Inte- SD–226 to be Under Secretary for Federal rior to revise certain repayment con- 10 a.m. Emergency Management, Department tracts with the Bostwick Irrigation Banking, Housing, and Urban Affairs of Homeland Security. District in Nebraska, the Kansas Business meeting to markup the Flood SD–342 Bostwick Irrigation District No. 2, the Insurance Reform and Modernization 10 a.m. Frenchman-Cambridge Irrigation Dis- Act of 2006. Energy and Natural Resources trict, and the Webster Irrigation Dis- SD–538 Business meeting to consider S. 997, to trict No. 4, all a part of the Pick-Sloan direct the Secretary of Agriculture to Missouri Basin Program, and other Commerce, Science, and Transportation convey certain land in the Beaverhead- pending calendar business. To resume hearings to examine S. 2686, Deerlodge Forest, Montana, to Jeffer- SD–366 to amend the Communications Act of son County, Montana, for use as a cem- Appropriations 1934 and for other purposes. etery, S. 1529, to provide for the con- Legislative Branch Subcommittee SD–106 veyance of certain Federal land in the To hold hearings to examine progress of Energy and Natural Resources city of Yuma, Arizona, S. 1548, to pro- the Capitol Visitor Center construc- To hold hearings to examine the outlook vide for the conveyance of certain For- tion. for growth of coal fired electric genera- est Service land to the city of Coffman SD–138 tion and whether sufficient supplies of Cove, Alaska, S. 1957, to authorize the 2 p.m. coal will be available to supply electric Secretary of Interior to convey to The Judiciary generators on a timely basis both in Missouri River Basin Lewis and Clark To hold hearings to examine judicial the near term and in the future. Interpretive Trail and Visitor Center nominations. SD–366 Foundation, Inc. certain Federal land SD–226 Veterans’ Affairs associated with the Lewis and Clark 2:30 p.m. To hold hearings to examine pending National Historic Trail in Nebraska, to Commerce, Science, and Transportation benefits related legislation. be used as an historical interpretive Disaster Prevention and Prediction Sub- SR–418 site along the trail, S. 2003, to make committee Aging permanent the authorization for water- To hold hearings to examine 2006 hurri- To hold hearings to examine the status shed restoration and enhancement cane forecast and at-risk cities. of preparing for a pandemic flu. agreements, S. 2028, to provide for the SD–562 SD–G50

VerDate Aug 31 2005 04:59 May 23, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\M22MY8.000 E22MYPT1 jcorcoran on PROD1PC62 with REMARKS May 22, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E925 1 p.m. ton IV, of Missouri, to be Ambassador JUNE 20 Judiciary to the Republic of Djibouti. 10 a.m. Constitution, Civil Rights and Property SD–106 Commerce, Science, and Transportation Rights Subcommittee Business meeting to markup S. 2686, to To hold hearings to examine the con- JUNE 13 amend the Communications Act of 1934 sequences of legalized assisted suicide 10 a.m. and euthanasia. and for other purposes. Commerce, Science, and Transportation Room to be announced SD–226 To resume hearings to examine S. 2686, 2:30 p.m. to amend the Communications Act of Homeland Security and Governmental Af- 1934 and for other purposes. fairs Room to be announced POSTPONEMENTS Federal Financial Management, Govern- ment Information, and International JUNE 14 MAY 24 Security Subcommittee To hold hearings to examine Congress’ 10 a.m. 10:15 a.m. role in Federal financial management, Commerce, Science, and Transportation Judiciary focusing on Congress’ role and effec- Technology, Innovation, and Competitive- To hold hearings to examine the tiveness in the Federal budget process, ness Subcommittee McCarran-Ferguson Act, focusing on To hold hearings to examine alternative as well as ways it can improve the implications of repealing the insurers’ energy technologies. management of Federal funds. antitrust exemption. Room to be announced SD–342 SD–226 3 p.m. JUNE 15 Foreign Relations MAY 25 To hold hearings to examine the nomina- 10:30 a.m. tions of Michael E. Ranneberger, of Commerce, Science, and Transportation 2:30 p.m. Virginia, to be Ambassador to the Re- Fisheries and Coast Guard Subcommittee Commerce, Science, and Transportation public of Kenya, Eric M. Bost, of Texas, To hold hearings to examine the Coast To hold hearings to examine Pacific to be Ambassador to the Republic of Guard budget. Salmon Treaty. South Africa, and W. Stuart Syming- SD–562 SD–562

VerDate Aug 31 2005 04:59 May 23, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\M22MY8.000 E22MYPT1 jcorcoran on PROD1PC62 with REMARKS Monday, May 22, 2006 Daily Digest Senate A unanimous-consent-time agreement was reached Chamber Action providing for further consideration of Feinstein/Har- Routine Proceedings, pages S4847–S4921 kin Amendment No. 4087 (listed above), on Tues- Measures Introduced: Six bills and four resolutions day, May 23, 2006, with 60 minutes of additional were introduced, as follows: S. 2919–2924, and S. debate on the amendment, followed by a vote on, or Con. Res. 485–488. Page S4891 in relation to, the amendment, to occur at approxi- Measures Passed: mately 10:45 a.m. Page S4873 A motion was entered to close further debate on National Internet Safety Month: Senate agreed the bill and, in accordance with the provisions of to S. Res. 486, designating June 2006 as ‘‘National rule XXII of the Standing Rules of the Senate, a Internet Safety Month’’. Pages S4915–16 vote on cloture will occur on Wednesday, May 24, Women’s Health Week: Senate agreed to S. Res. 2006. Page S4880 487, expressing the sense of the Senate with regard A unanimous-consent agreement was reached pro- to the importance of Women’s Health Week, which viding that all first-degree amendments under rule promotes awareness of diseases that affect women XXII must be filed by 2:30 p.m. on Tuesday, May and which encourages women to take preventive 23, 2006. Page S4881 measures to ensure good health. Page S4916 A unanimous-consent agreement was reached pro- Copyright Infringement: Senate agreed to S. Res. viding for further consideration of the bill at 9:45 488, expressing the sense of Congress that institu- a.m., on Tuesday, May 23, 2006. Page S4917 tions of higher education should adopt policies and Kavanaugh Nomination—Agreement: Senate educational programs on their campuses to help deter and eliminate illicit copyright infringement oc- began consideration of the nomination of Brett M. curring on, and encourage educational uses of, their Kavanaugh, of Maryland, to be United States Circuit Judge for the District of Columbia Circuit. computer systems and networks. Pages S4916–17 Page S4880 Comprehensive Immigration Reform Act: Senate A motion was entered to close further debate on resumed consideration of S. 2611, to provide for the nomination and, in accordance with the provi- comprehensive immigration reform, taking action on sions of rule XXII of the Standing Rules of the Sen- the following amendments proposed thereto: ate, a vote on cloture will occur on Wednesday, May Pages S4849–60, S4862–81 24, 2006. Page S4880 Adopted: By 83 yeas to 10 nays (Vote No. 137), Ensign/ Messages From the House: Page S4885 Graham Modified Amendment No. 4076, to author- Measures Referred: Page S4885 ize the use of the National Guard to secure the Petitions and Memorials: Pages S4885–91 southern border of the United States. Pages S4871–73 Rejected: Executive Reports of Committees: Page S4891 Chambliss/Isakson Amendment No. 4009, to Additional Cosponsors: Pages S4891–93 modify the wage requirements for employers seeking to hire H–2A and blue card agricultural workers, Statements on Introduced Bills/Resolutions: (By 50 yeas to 43 nays (Vote No. 136), Senate ta- Pages S4893–97 bled the amendment). Page S4871 Additional Statements: Pages S4884–85 Pending: Amendments Submitted: Pages S4897–S4915 Feinstein/Harkin Amendment No. 4087, to mod- ify the conditions under which aliens who are unlaw- Authorities for Committees to Meet: Page S4915 fully present in the United States are granted legal Record Votes: Two record votes were taken today. status. Pages S4851–60 (Total—137) Pages S4871, S4873 D525

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Adjournment: Senate convened at 1 p.m., and ad- BUSINESS MEETING journed at 8:22 p.m., until 9:45 a.m., on Tuesday, Committee on Finance: Committee ordered favorably May 23, 2006. (For Senate’s program, see the re- reported the nomination of Susan C. Schwab, of marks of the Majority Leader in today’s Record on Maryland, to be United States Trade Representative, page S4917.) with the rank of Ambassador. Committee Meetings NOMINATION (Committees not listed did not meet) Committee on Homeland Security and Governmental Af- fairs: Committee concluded a hearing to examine the ENERGY POLICY ACT: NUCLEAR POWER nomination of Lurita Alexis Doan, of Virginia, to be PROVISIONS Administrator of General Services, after the nominee, Committee on Energy and Natural Resources: Committee who was introduced by Senators Landrieu and Allen, concluded a hearing to examine nuclear power provi- testified and answered questions in her own behalf. sions contained in the Energy Policy Act of 2005, focusing on incentives for the construction of new BUSINESS MEETING nuclear power plants, including production tax cred- Committee on Homeland Security and Governmental Af- its, loan guarantees, insurance against regulatory fairs: Committee ordered favorably reported the delays, and extension of the Price-Anderson Act nu- nominations of Robert J. Portman, of Ohio, to be clear liability system, after receiving testimony from Director of the Office of Management and Budget, Dennis Spurgeon, Assistant Secretary of Energy for Robert Irwin Cusick, Jr., of Kentucky, to be Direc- Nuclear Energy; Nils J. Diaz, Chairman, United tor of the Office of Government Ethics, Office of States Nuclear Regulatory Commission; and James Personnel Management, and David L. Norquist, of K. Asselstine, Lehman Brothers, Inc., New York, Virginia, to be Chief Financial Officer, Department New York. of Homeland Security. h House of Representatives Speaker: Read a letter from the Speaker wherein he Chamber Action appointed Representative Price of Georgia to act as Public Bills and Resolutions Introduced: 14 pub- Speaker pro tempore for today. Page H2965 lic bills, H.R. 5438–5451; and 3 resolutions, H. Recess: The House recessed at 12:40 p.m. and re- Con. Res. 411–412; and H. Res. 831 were intro- convened at 2 p.m. Page H2966 duced. Pages H3015–16 Chaplain: The prayer was offered by the guest Additional Cosponsors: Pages H3016–17 Chaplain, Monsignor Francis J. Maniscalco, Director Reports Filed: Reports were filed today as follows: of Communications, United States Conference of H.R. 5359, to amend the automobile fuel econ- Catholic Bishops, Washington, D.C. Page H2966 omy provisions of title 49, United States Code, to Suspensions: The House agreed to suspend the rules authorize the Secretary of Transportation to set fuel and pass the following measures: economy standards for passenger automobiles based on one or more vehicle attributes (H. Rept. Hurricane Relief Extension Act of 2006: H.R. 109–475); 5354, to authorize the Secretary of Education to ex- H.R. 5441, making appropriations for the Depart- tend the period during which a State educational ment of Homeland Security for the fiscal year ending agency or local educational agency may obligate September 30, 2007 (H. Rept. 109–476); temporary emergency impact aid for elementary and H. Res. 830, providing for consideration H.R. secondary school students displaced by Hurricane 5384, making appropriations for Agriculture, Rural Katrina or Hurricane Rita; Pages H2967–69 Development, Food and Drug Administration, and Expressing the sense of the House of Representa- Related Agencies for the fiscal year ending Sep- tives in support of the goals of National One-Stop tember 30, 2007 (H. Rept. 109–477); and Month: H. Res. 808, to express the sense of the H.R. 9, to amend the Voting Rights Act of 1965, House of Representatives in support of the goals of with an amendment (H. Rept. 109–478). Page H3015 National One-Stop Month; Pages H2969–70

VerDate Aug 31 2005 06:06 May 23, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MY6.REC D22MYPT1 jcorcoran on PROD1PC62 with DIGEST May 22, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D527 Veterans’ Benefits Improvement Act of 2005: S. Recess: The House recessed at 3:42 p.m. and recon- 1235, amended, to amend title 38, United States vened at 6:30 p.m. Pages H2987–88 Code, to extend the availability of $400,000 in life Suspensions—Proceedings Postponed: The House insurance coverage to servicemembers and veterans, completed debate on the following measure under to make a stillborn child an insurable dependent for purposes of the Servicemembers’ Group Life Insur- suspension of the rules. Further consideration of the ance program, to make technical corrections to the measure is expected to resume tomorrow, May 23rd: Veterans Benefits Improvement Act of 2004, to Palestinian Anti-Terrorism Act of 2006: H.R. make permanent a pilot program for direct housing 4681, amended, to promote the development of loans for Native American veterans, and to require democratic institutions in areas under the adminis- an annual plan on outreach activities of the Depart- trative control of the Palestinian Authority. Agreed ment of Veterans Affairs’’, by a 2⁄3 yea-and-nay vote to extend debate time on the measure by 80 min- of 372 yeas with none voting ‘‘nay’’, Roll No. utes, equally divided. Pages H2990–H3012 177,—clearing the measure for the President; Later, agreed to extend debate time on the meas- Pages H2970–82, H2988 ure by an additional 60 minutes, equally divided. Agreed to amend the title so as to read: ‘‘To Page H2992 amend title 38, United States Code, to improve and extend housing, insurance, outreach, and benefits Amendments: Amendments ordered printed pursu- programs provided under the laws administered by ant to the rule appear on page H3017. the Secretary of Veterans Affairs, to improve and ex- Quorum Calls—Votes: 2 yea-and-nay votes devel- tend employment programs for veterans under laws oped during the proceedings today and appear on administered by the Secretary of Labor, and for other pages H2988, and H2988–89. There were no purposes.’’. Page H2988 quorum calls. Amending section 308 of the Lewis and Clark Adjournment: The House met at 12:30 p.m. and Expedition Bicentennial Commemorative Coin Act adjourned at 10:13 p.m. to make certain clarifying and technical amend- ments: H.R. 5401, to amend section 308 of the Lewis and Clark Expedition Bicentennial Commemo- Committee Meetings rative Coin Act to make certain clarifying and tech- nical amendments; Pages H2982–83 AGRICULTURE, RURAL DEVELOPMENT, Providing for the participation of employees in FOOD AND DRUG ADMINISTRATION, AND the judicial branch in the Federal leave transfer RELATED AGENCIES APPROPRIATIONS program for disasters and emergencies: S. 1736, to FISCAL YEAR 2007 provide for the participation of employees in the ju- dicial branch in the Federal leave transfer program Committee on Rules: Granted, by voice vote, an open for disasters and emergencies—clearing the measure rule providing one hour of general debate on H.R. 5384, making appropriations for Agriculture, Rural for the President; Pages H2983–84 Development, Food and Drug Administration, and Designating the Federal building and United Related Agencies for the fiscal year ending Sep- States courthouse located at 101 Barr Street in tember 30, 2007, equally divided and controlled by Lexington, Kentucky, as the ‘‘Scott Reed Federal the chairman and ranking minority member of the Building and United States Courthouse’’: H.R. Committee on Appropriations. The rule waives all 4530, to designate the Federal building and United points of order against consideration of the bill. States courthouse located at 101 Barr Street in Lex- ington, Kentucky, as the ‘‘Scott Reed Federal Build- Under the rules of the House the bill shall be read ing and United States Courthouse’’; and for amendment by paragraph. The rule waives points Pages H2984–85 of order against provisions in the bill for failure to comply with clause 2 of rule XXI (prohibiting unau- Pets Evacuation and Transportation Standards thorized appropriations or legislative provisions in an Act of 2005: H.R. 3858, to amend the Robert T. appropriations bill), except as specified in the resolu- Stafford Disaster Relief and Emergency Assistance tion. The rule authorizes the Chair to accord priority Act to ensure that State and local emergency pre- in recognition to Members who have pre-printed paredness operational plans address the needs of indi- their amendments in the Congressional Record. Fi- viduals with household pets and service animals fol- nally, the rule provides one motion to recommit lowing a major disaster or emergency, by a 2⁄3 yea- and-nay vote of 349 yeas to 24 nays, Roll No. 178. with or without instructions. Pages H2985–87, H2988–89

VerDate Aug 31 2005 06:06 May 23, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D22MY6.REC D22MYPT1 jcorcoran on PROD1PC62 with DIGEST D528 CONGRESSIONAL RECORD — DAILY DIGEST May 22, 2006 ENERGY AND WATER DEVELOPMENT, Simpson United States Courthouse’’, the proposed Great AND RELATED AGENCIES Lakes Coordination and Oversight Act, S. 2023, to APPROPRIATIONS FISCAL YEAR 2007 amend the Oil Pollution Act of 1990 to improve that Act, the nominations of Molly A. O’Neill, of Virginia, to Committee on Rules: Testimony was heard from Rep- be an Assistant Administrator of the Environmental Pro- resentative Hobson, but action was deferred on H.R. tection Agency, and Dale Klein, of Texas, Gregory B. 5427, making appropriations for energy and water Jaczko, of the District of Columbia, and Peter B. Lyons, development for the fiscal year ending September of Virginia, each to be a Member of the Nuclear Regu- 30, 2007. latory Commission, and other pending committee busi- f ness, 9:30 a.m., SD–628. Committee on Finance: Subcommittee on Long-term COMMITTEE MEETINGS FOR TUESDAY, Growth and Debt Reduction, to hold hearings to examine MAY 23, 2006 encouraging economic self-determination in Indian coun- try, 2:30 p.m., SD–215. (Committee meetings are open unless otherwise indicated) Committee on Foreign Relations: to hold hearings to exam- Senate ine the Convention on Supplementary Compensation for Committee on Appropriations: Subcommittee on Home- Nuclear Damage, with a declaration, done at Vienna on land Security, to hold hearings to examine biodefense and September 12, 1997, Convention Adopted by a Diplo- pandemic influenza issues, 10:30 a.m., SD–192. matic Conference convened by the International Atomic Committee on Banking, Housing, and Urban Affairs: to Energy Agency (IAEA) and opened for signature at Vi- hold hearings to examine improving financial literacy in enna, September 29, 1997, during the IAEA General the United States, 10 a.m., SD–538. Conference (Treaty Doc. 107–21), S. Res. 312, expressing Committee on the Budget: business meeting to consider the sense of the Senate regarding the need for the United the nomination of Robert J. Portman, of Ohio, to be Di- States to address global climate change through the nego- rector of the Office of Management and Budget, Time to tiation of fair and effective international commitments, S. be announced, S–216, Capitol. Res. 359, concerning the Government of Romania’s ban Committee on Commerce, Science, and Transportation: to on intercountry adoptions and the welfare of orphaned or hold hearings to examine price-gouging related to gas abandoned children in Romania, S. Res. 456, expressing prices, 10 a.m., SD–562. the sense of the Senate on the discussion by the North Committee on Energy and Natural Resources: to hold hear- Atlantic Council of secure, sustainable, and reliable ings to examine the National Research Council report, sources of energy, S. 559, to make the protection of vul- Managing Construction and Infrastructure in the 21st nerable populations, especially women and children, who Century Bureau of Reclamation and the U.S. Bureau of are affected by a humanitarian emergency a priority of the Reclamation Report, Managing for Excellence: An Action United States Government, S. 1950, to promote global Plan for the 21st Century, 10 a.m., SD–366. energy security through increased cooperation between Committee on Environment and Public Works: business the United States and India in diversifying sources of en- meeting to consider S. 2735, to amend the National Dam ergy, stimulating development of alternative fuels, devel- Safety Program Act to reauthorize the national dam safety oping and deploying technologies that promote the clean program, S. 2832, to reauthorize and improve the pro- and efficient use of coal, and improving energy efficiency, gram authorized by the Appalachian Regional Develop- S. 2125, to promote relief, security, and democracy in the ment Act of 1965, S. 2430, to amend the Great Lakes Democratic Republic of the Congo, S. 2200, to establish Fish and Wildlife Restoration Act of 1990 to provide for a United States-Poland parliamentary youth exchange implementation of recommendations of the United States program, S. 2566, to provide for coordination of pro- Fish and Wildlife Service contained in the Great Lakes liferation interdiction activities and conventional arms Fishery Resources Restoration Study, S. 1509, to amend disarmament, S. 2697, to establish the position of the the Lacey Act Amendments of 1981 to add non-human United States Ambassador for ASEAN, and pending primates to the definition of prohibited wildlife species, nominations, 2:15 p.m., S–116, Capitol. S. 2041, to provide for the conveyance of a United States Committee on the Judiciary: Subcommittee on Intellectual Fish and Wildlife Service administrative site to the city Property, to hold hearings to examine post-grant review of Las Vegas, Nevada, S. 2127, to redesignate the Mason procedures and other litigation reforms relating to pat- Neck National Wildlife Refuge in the State of Virginia ents, 2 p.m., SD–226. as the ‘‘Elizabeth Hartwell Mason Neck National Wild- Select Committee on Intelligence: closed business meeting life Refuge’’, S. Res. 301, commemorating the 100th an- to markup intelligence authorization for fiscal year 2007, niversary of the National Audubon Society, S. 2781, to 2:30 p.m., SH–219. amend the Federal Water Pollution Control Act to en- hance the security of wastewater treatment works, S. House 2650, to designate the Federal courthouse to be con- Committee on Education and the Workforce, Subcommittee structed in Greenville, South Carolina, as the ‘‘Carroll A. on 21st Century Competitiveness, hearing on Paying for Campbell, Jr. Federal Courthouse’’, S. 801, to designate College: Innovative Private-Sector Proposals to Com- the United States courthouse located at 300 North Hogan plement Record Federal Investment in Student Aid,’’ 10 Street, Jacksonville, Florida, as the ‘‘John Milton Bryan a.m., 2175 Rayburn.

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Committee on Energy and Commerce, Subcommittee on En- Committee on Homeland Security, Subcommittee on Intel- vironment and Hazardous Materials, hearing on H.R. ligence, Information Sharing and Terrorism Risk Assess- 2567, Antifreeze Bittering Act of 2005, 1:30 p.m., 2322 ment, executive, briefing on sharing classified information Rayburn. among Federal Intelligence Partners: DHS access and in- Subcommittee on Health, hearing entitled ‘‘Examining formation controls, 11 a.m., H2–176 Fore. the Federal Government’s Partnership with America’s Committee on the Judiciary, Subcommittee on Courts, the Pharmacists,’’ 11 a.m., 2123 Rayburn. Internet, and Intellectual Property, hearing on H.R. 435, Committee on Financial Services, Subcommittee on Hous- Equal Access to Justice Reform Act of 2005, 4 p.m., ing and Community Opportunity, to consider the fol- 2141 Rayburn. lowing bills: H.R. 1999, State and Local Housing Flexi- Subcommittee on Crime, Terrorism, and Homeland Se- bility Act of 2005; and H.R. 5039, Saving America’s curity, hearing on H.R. 4239, Animal Enterprise Ter- Rural Housing Act of 2006, 10 a.m., 2128 Rayburn. Committee on Government Reform, Subcommittee on rorism Act, 10 a.m., 2141 Rayburn. Criminal Justice, Drug Policy, and Human Resources, Committee on Rules, to consider the Homeland Security hearing entitled ‘‘FY 2007 Drug Control Budget and the appropriations for Fiscal Year 2007, 5 p.m., H–313 Cap- Byrne Grant, HIDTA, and Other Law Enforcement Pro- itol. grams: Are We Jeopardizing Federal, State and Local Co- Committee on Small Business, Subcommittee on Regu- operation?’’ 2 p.m., 2154 Rayburn. latory Reform and Oversight, hearing entitled ‘‘The Li- Subcommittee on Federal Workforce and Agency Orga- abilities Driving Better Consumer Data Protection Prac- nization, hearing entitled ‘‘Office of Government Ethics tices,’’ 10 a.m., 2360 Rayburn. Reauthorization,’’ 2 p.m., 2247 Rayburn. Committee on Transportation and Infrastructure, Sub- Subcommittee on Federalism and the Census, hearing committee on Railroads, hearing on Impacts of Railroad- entitled ‘‘Public Housing in the Competitive Market Owned Waste Facilities, 10 a.m., 2167 Rayburn. Place: Do Affordable and Public Housing Developments Committee on Ways and Means, Subcommittee on Benefit from Private Market and Other Financing Tools?’’ Human Resources, hearing to review Proposals To Im- 10 a.m., 2154 Rayburn. prove Child Protective Services, 2 p.m., B–318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, May 23 9 a.m., Tuesday, May 23

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of H.R. 5384— ation of S. 2611, Comprehensive Immigration Reform Agriculture, Rural Development, Food and Drug Admin- Act, with a vote to occur at approximately 10:45 a.m. on, istration, and Related Agencies Appropriations Act for or in relation to, Feinstein/Harkin Amendment No. Fiscal Year 2007 (Subject to a Rule). 4087. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Emanuel, Rahm, Ill., E919, E920 Manzullo, Donald A., Ill., E922 English, Phil, Pa., E922 Rangel, Charles B., N.Y., E922, E923 Andrews, Robert E., N.J., E919 Honda, Michael M., Calif., E920 Schwarz, John J.H. ‘‘Joe’’, Mich., E921 Bonner, Jo, Ala., E921 Knollenberg, Joe, Mich., E921 Van Hollen, Chris, Md., E919 Cardin, Benjamin L., Md., E919 Kucinich, Dennis J., Ohio, E919, E920 Ehlers, Vernon J., Mich., E921 Lee, Barbara, Calif., E920

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